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Resolutions R90-001 to R90-072
~, on October 19, 1989, Howard Frank resigned, after serving as Captain since March 1, 1971, and W~EREA~, during the past twenty-threa years, Howard Frank has repres~ntad our City as a Fire Fighter, a Driver, and an Emergency Medical Technician; and WHMIEAS, the City of Denton has been fortunate in haxdng enjoyed the dedicated and outstanding services of Howard Frank and wish to recognize same, and WHERE', Howard Frank has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues and citizens of Denton, NOW, ~RERE~ORE, BE IT RESOLVED: that the sincere and warm appreciation of Howard Frank felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas and for- wardtn~ to him a true copy thereof as a token of our appreciation. PASS~ Ab~ APPROVED this the~ay of 1990. W~T~ES, CiTY SE(~ARY 2874L RESOLOT ON A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. That the Mayor is authorized to execute an agreemeht between the City of Denton and the County of Denton for the provision of library services 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 ~~,~, 1990. RAY ST~HENS, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY P I INAL THE STATE OF TEXAS )( COUNTY OF DENTON )( INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES /~day THIS AGREEMENT is made and entered into this of~/by and between DENTON COUNTY, a pohtlcal subdivision of the Great State of Texas, hereinafter referred to as "County", and the CITY OF {)EMTON a municipality of Denton County, Texas, hereinafter referred to as "Municipality" WHEREAS, COUNTY is a duly organized polltlca{ subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of Denton County, and WHEREAS, MUNICIPALITY l~ a duly organized municipality of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of Denton County, Texas, and WHEREAS, COUNTY and MUNICIPALITY desire to improve the efficiency and effectivenes~ of local governments by authorizing the fullest possible range of intergovernmental contracting authority at the local level for all or part of the functions and services of police protection and detention services, fire protection, streets, roads, and drainage, public health and welfare, parks, recreation, hbrary services, museum services, waste disposal, planning, engineering, and administrative functions such as tax assessment and collection, personnel services, purchasing, data processing, warehousing, equipment repair, and printing, and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of TEX. REV. CIV. STAT. Art. 4413 (32c), (Vernon Supp.), the Interlocal Cooperation Act, and NOW THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows I. The effective date of this agreement shall be the 1st day of October, 1989. II. The initial term of this Agreement shall be for the period of October l, 1989 to and through September 30, 1990. III. For the purposes and consideration here~n stated and contemplated, COUNTY shall provide the following necessary and appropriate services for the residents of Denton County MUNICIPALITY to the maximum extent authorized by th~s agreement, w~thout regard to race, religion, color, age, and national origin, to wit 1 Library services and other related services for the benefit and to serve the public conveniences and necessity of the citizens of Denton County, Texas IV. During the term of this contract, upon presentation of proper proof by lndlwdual(s) of residence of Denton County, Texas, such lndiv~dual(s) shall be entitled to be issued, at no cost, a "library card" to be used in connection with said l~brary services to be valid for a term to coincide with the term of this contract V COUNTY shall designate Honorable We Burgess to act on behalf of COUNTY, and to serve as "Liaison Officer" for COUNTY with and between COUNTY and MUNICIPALITY. Honorable Vie Burgess or his designated substitute shah ~nsure the performance of all duties and obligations of COUNTY herein stated, and, shall devote suffiment time and attention to the execution of said duties on behalf of COUNTY in (2) full compliance with the terms and conditions of this agreement, and, shall provide immediate and direct supervision of COUNTY'S employees, agents, contractors, sub- contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. VI. MUNICIPALITY shall designate Lloyd V Harrell to act on behalf of MUNICIPALITY, and to serve as "Liaison" for MUNICIPALITY with and between, MUNICIPALITY and COUNTY to Insure the performance of all duties and obligations of MUNICIPALITY as herein stated, and, shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this agreement, and, shall provide immediate and direct supervision of the MUNICIPALITY'S employees, agents, contractors, sub-contractors, and/or laborers, If any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. VII MUNICIPALITY agrees to indemnify and hold harmless COUNTY, its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorney's fees In ease it shall be necessary to pursue legal action, arising out of performance of the services and duties herein which are, or are alleged to have been caused in whole or In part by COUNTY or MUNICIPALITY, including but not necessarily limited to any negligent act and/or omission of any employee of MUNICIPALITY, its directors, members, or that of a sub-contractor of MUNICIPALITY, or that of anyone employed by or contracted with MUNICIPALITY for whose acts COUNTY and/or MUNICIPALITY is liable. (3) VIII. MUNICIPALITY agrees to indemnify and hold harmless COUNTY, its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorney's fees in case it shall be necessary to file an action, arising out of performance of the services and duties herein stated, which are (1) for bodily injury, Illness, or death, or for property damage, including loss of use, and (2) caused m whole or in part by MUNICIPALITY'S negligent act and/or omission, or that of a sub-contractor of MUNICIPALITY, or that of anyone employed by or contracted with MUNICIPALITY for whose acts the MUNICIPALITY is hable IX The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures, and means, and for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the MUNICIPALITY stated in this agreement, and give all attention necessary for such proper supervision and direction X. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or ommslons of all COUNTY'S employees, and agents, COUNTY'S sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said COUNTY XI The MUNICIPALITY agrees to and accepts full responslbl~ty for the acts, neghgence, and/or omissions of all the MUNICIPALITY'S employees, and agents, the MUNICIPALITY'S sub-contractors, and/or contract laborers, and for those of all other persons doing work (4) under a contract or agreement w~th said MUNICIPALITY. XII Thru agreement ~s not ~ntended to extend the ]~ab~llty of the parties beyond that prowded by law Neither Agency MUNICIPALITY nor County wmves any ~mmumty or defense that would otherwise be available to ~t against claims by third part~es XIII. MUNICIPALITY understands and agrees that the MUNICIPALITY, ~ts employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of COUNTY XIV COUNTY understands and agrees that COUNTY, ~ts employees, servants, agents, and representatives shall at no t~me represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. XV "COUNTY", Denton County m a pol~t~eal subd~vm~on of the State of Texas The address of "COUNTY" is Commissioners Court of Denton County Courthouse on the Square 110 W. H~ekory Denton, Texas 7620l Telephone (817) 383-0298 Attn Honorable V~c Burgess Denton County Judge XVI MUNICIPALITY lsa pubhe serwee organization of Denton County, Texas. The address of "MUNICIPALITY" ~s (5) City of Denton 215 E. McKlnney Denton, Texas 76201 Telephone (817) 566-8200 Attn' LLOYD V. HARRELL XVII For the services heremabove stated, COUNTY agrees to pay to MUNICIPALITY for the full performance of this agreement, $1 1718 per capita of 88,353 or the sum of ONE HUNDRED THREE THOUSAND FIVE HUNDRED THIRTY-TWO AND NO/100 ($103,532.00) DOLLARS to be paid in equal quarterly installments of TWENTY-FIVE THOUSAND EIGHT HUNDRED EIGHTY THREE AND 00/100 ($25,88300) DOLLARS commencing October 1, 1989. In addition, COUNTY agrees to pay to MUNICIPALITY up to SEVEN THOUSAND FIVE HUNDRED AND NO/100 ($7,500.00) DOLLARS in matching funds upon receipt of proof from the MUNICIPALITY that revenue from sources other than Denton County has been received and that this information shah be provided each quarter to COUNTY and wfi! be matched in full each quarter until ~uch time that $7,500.00 has been paid COUNTY understands and agrees that payment by COUNTY to the MUNICIPALITY shah be made in accordance with the normal and customary processes and business procedures of COUNTY. XVIII This agreement may be terminated at any time, by either party gIving s~xty (60) day advance written notice to the other party. In the event of such termination by either party, MUNICIPALITY shah be compensated pro rata for al! services performed to termination date, together with reimbursable expenses then due and as authorIzed by this agreement. In the event of such termination, should MUNICIPALITY be overcompensated on a pro rata basis for a!! serwces performed to termination date, and/or be overcompensated for rmmbursable expenses as authorized by this agreement, then COUNTY shah be reimbursed pro rata for a!! such overcompensatlon. Acceptance of sa~d reimbursement shall no constitute a waiver of any claim that may otherwise arise out of this Agreement. XIX. This agreement represents the entire and integrated agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both MUNICIPALITY and COUNTY. XX The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texa~ Further, this agreement shall be performable and all compensation payable in Dent~n County, Texas. XXI In the event that any portion of this agreement shall be found to be contrary to law it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XXII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf (~f the parties hereto, and each party hereby eertlhes to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect (7) STATE OF TEXAS )( COUNTY OF DENTON X BEFORE ME, the undersigned authority, on this day personally appeared the Honorable Vie Burgess, Denton County Judge, known to me to be the person whose name is subseribed to the foregoing instrument and acknowledged to me that he executed the forego, rig Interloeal Cooperation Agreement for the purposes and eons,deration therein expressed, in the rapacity stated, and as the art and deed of said County. GIVEN under my hand and seal of office this the ~L~ day of My Commms~on expires [~/~0 )~ (Notary's Printed Name) STATE OF TEXAS )( COUNTY OF DENTON )( BEFORE ME, the undersigned authority, on this day personally appeared ~//)/ %~'7-EP#~'~/,5 , known to me to be the person whose nalne is subscribed to the foregoing instrument and acknowledged to me that he exeeuted the foregoing lnterloeal Cooperation Agreement of the purposes and eonslderatlon therein expressed, and in the eapaeity stated, and as the act and deed of said and this the /~ day of JVota y d~ ayFfl fo th State of Texas ~ Commission ex, res SEAL ~C'Z / Z/:) ~ .~'- Y-h/ .~"~' (Notary's Printed Name) Next Doeument ts ~rettrtng after tranCe-four (2~) vears to the Cit~ of Denton since his 1966; and I ~ with the Cit~, Jo~ J. Marsh~ll has stated goals of the PuFchasing ~Cit of Denton; ~d , as ~a Purchasing Agent for the [Cit~ of ~arsh~ll has demonstrated a consistentl~ ~ c~perative, a~d under%tanding ~he{~citizens of our communit~ which ~* ~d ~ 5~tty's "~dicatton to Qualit~ Service"; ~ ~oh~ h~ steadfastl~ de,ted himself to ~ ~ ethical and professlon~l st~- ' ngt onl~ in his o~ work, bu~ in the ag~es who were influenced b~ ~he out- ~ s~t for them on a dail~ basis~ and ~consistentlg demonstrated ~ ~he kind .~he~$ed fi~l~ establish the Cit~ 9f . ~rtex of the "Golden Triangl ~", NOW %~HE ~COUNCIL OF THB CITY OF DENTON, TEXAS' a~d wa~ a~$reciation of 5e Cit~ ~6onve~ed to Jo~ J. Marshall in a ,b~ spreading this Resolution ~pon the ~ere6f. OF~ 1990. 2590L RESOLUTION NO. ~__~ A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY, PROVIDING THAT THE RATE SCHEDULES AND SERVICE REGULATIONS OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUS- PENSION, DECLARING THE PRESENT INTENT OF THE GOVERNING BODY OF THIS MUNICIPALITY WITH RESPECT TO SAID PROPOSED RATE SCHEDULES AND SER- VICE REGULATIONS; PROVIDING FOR NOTICE HEREOF TO SAID COMPANY, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Texas Utilities Electric Company heretofore, on January 16, 1990, filed with the Governing Body of this munici- pality its Petition and Statement of Intent, together with its rate-filing package, proposing to change its rate schedules and service regulations within the corporate limits of this munici- pality, effective on February 20, 1990, and WHEREAS, Texas Utilities Electric Company simultaneously, on January 16, 1990, filed a virtually identical Petition and State- ment of Intent with the Public Utility Commission of Texas and it is the present intent of the Governing Body of this municipality to accept the rate schedules and service regulations of Texas Utilities Electric Company approved and set by the Public Utility Commtsslion of Texas pursuant to said Petition and Statement of Intent to be effective from and after the date that the Public utility Commission of Texas orders said new rate schedules and service regulations effective for Texas Utilities Electric Company; and, WHEREAS, It is the desire of the Governing Body of this municipality to suspend, pursuant to Section 43(d) of the Public Utility Regulatory Act, the proposed effective date of said pro- posed ahanged rate schedules and service regulations for a period of 90 days from February 20, 1990, such suspensions being in the public interest, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. In order to allow the City sufficient time to analyze and prepare for hearing and decision on any requested rate, the effective date of the proposed rate schedules and service reg- ulations of Texas Utilities Electric Company is hereby suspended for a period of 90 days from February 20, 1990, or until midnight, May 21, 1990. SEOTION II. That the rate schedules and service regulations of Texas Utilities Electric Company within this municipality in effect on January 16, 1990, shall continue in force during the period of suspension as provided in Section I hereof. SECTION III. That it is the present intent of the Governing Body of this municipality to accept the same rate schedules and service regulations of Texas Utilities Electric Company approved and set by the Public Utility Commission of Texas pursuant to the Petition and Statement of Intent filed by Texas Utilities Electric Company with the Public Utility Commission of Texas on January 16, 1990, to be effective from and after the date that the Public Utility Commission of Texas orders said new rate schedules and service regulations effective for Texas Utilities Electric Company. SECTION IV. That the City Secretary is hereby directed to delver a copy of this Resolution to Texas Utilities Electric Company promptly after the passage hereof. SECTION V. It is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public and that public notice of the time, place and purpose of said meeting was given, all as required by law. SECTION VI. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED at a Regular.M~ging of t~ ~i~ C0unci~ of the City of Denton, Texas, this ~'~ day of 1990. ATTEST: JENNIFER WALTERS, CITY SECRETLY APPROVED AS TO LEGAL FORM: DEBRA A. D~YOVITCH, CITY ATTORNEY PAGE 2 RELEASE OF ORIGINAL DOCUMENT TITLE OF DOCUMENT ORIGINAL GIVEN TO: ~~~-~~· ORIGINALS TO BE RETURNED: YES NO "",,/ NUMBER TO BE RETURNED STATE REASON ORT~'i")~[L WIL'L--'I~'ITT BE R~TURNED SPECIAL INSTRUCTIONS. 2983C 2893L RESOLUTION NO. ~ A RESOLUTION CANCELLING THE REGULAR COUNCIL MEETING OF MARCH 6, 1990 AND CALLING A SPECIAL MEETING TO BE HELD MARCH 12, 1990, AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION I. That the regular Council meeting to be held on March 6, 1990 be cancelled and that a special council meeting is hereby called to be held March 1 ..~0., PASSED AND APPROVED this the~ day of ~ , 1990. RAY ST~I{S, MAY~R ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRAADAMI DRAYOVITCH RESOLUTION NO. ~ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO THE ISSUANCE OF OBLIGATIONS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-pro,it corporation pursuant to the Texas Non-Profit Corporation Act, for the purDose of furtherinq educational oDportunltles of students bv providing funds for the acquisition of student loans; and WHEREAS, the Authority has proceeded in the development of a plan of doing business and has issued obligations for the aforesaid purposes, and additional funds are needed to continue the program and it is now appropriate for this governing body to aoDrove the issuance of additional obligations for such purDose, WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), a public hearing was conducted, following reasonable public notice, with respect to the issuance of bonds bv the Authority in a principal amount not to exceed $100,000,000; WHEREAS, certified minutes contaznlng the proceedings from such hearing have been submitted to the City of Denton, Texas (the "City"); WHEREAS, in order to satisfy the requirements of the Code, it is necessary for the City, following the holding of the public hearing, to approve the issuance of the bonds; and WHEREAS, an order to satisfy the requirements of the Texa~ Education Code, zt is necessary for the city to approve the ~ssuance of all bonds or other obligations of the Authority, whether or not the interest on such obligations is included in gross ~ncome of the holders for federal income tax ~urooses; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1. That on February 12, 1990, a Dubllc hearlnq was conducted regarding the issuance by the Authority of student loan revenue bonds in the principal amount not to exceed $100,000,000. 2. That the governing body of the C~ty hereby approves the ~ssuance and dellvery by the Authorlty of student loan revenue bonds, notes or other obligations, in one or more serles, ina principal amount not to exceed $100,000,000 for the purposes of refunding the Authority's student loan revenue bond, Series 1989, thereby providing permanent f~nanclnq for student or parent loan notes whlch are quaranteed under the provisions of the H~gher Education Act of 1965, as amended, and/or purchasing add~tional student or parent loan notes so guaranteed, and ~n e~ther case, settlnq aside the amount the Authority determines ~s necessary for a reserve and for operating costs and paying the cost of ~ssulnq such obligations. The ~ssuance of such obligations shall be in accordance with Chapte,r 53 of the Texas Educatlon Code, art. 717k-1, Vernon's Annotated C~vil Statutes, and, ~f the Authority so ~rov~des, Section 144 of the Code. 3. That the Mayor and Clty Secretary are authorized and d~rected to execute the Approval Certificate substantially ~n the form attached hereto as Exhibit A and to deliver certified cop~es of th~s Resolution and CoPies of the Approval Certificate to the Authority. 4. That the Clty requests that the Authority exercise the powers enumerated and ~rovided in Section 53.47 of the Texas Education Code, as amended; that such non-proflt corporation shall, in this connection, exercise such Dowers for and on behalf of the C~ty and the State of Texas, as contemplated by Sectlon 53.47(e) of the Texas Education Code, as amended. e That the City does not agree to assume any responsibility in connection with the administration of the Authorlty's student loan program. Sole responsibility for the administration of the Authorlty's student program is being assumed by the Authority. 6. That it is recognized by this governing body that the instruments which authorize the issuance of obligations by the Authority will specifically state that this City is not obligated to pay the principal of or interest on the obligations proposed to be issued by the Authority. Nothing in th~s Resolution shall be construed as an indication by this C~ty that it will pay or provide for the payment of any obligations of the said Authority whether heretofore or hereafter incurred, and in this connection, attention ~s called to the Constitution of Texas wherein it is provided that a City may Incur no indebtedness without having made provisions for its payment, and this City Council hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. 7. That this Resolution shall be effective from and after its passage and approval. 8. That it is hereby officially found and determined that the meetlng at which this Resolution is passed is open to the public as required by law and that public notice of the tlme, place and purpose of said meeting was given as required. PRESENTED AND PASSED on this the ~'~ day of ~ , 1990, by a vote of ~ ayes and O nays at a regul~ meeting of the city Council of the City of Denton, Texas. '~/~Mayor ATTEST: APPROVED AS TO FORM. ~ City Attorney Exhibit A APPROVAL CERTIFICATE I, ~ ~ , am the duly elected Mayor of the Clty~f/Dentoh, Texas (the "City"), and as such am the applicable e~ected representative of the C~ty pursuant to §147(f)(2)(B) of t~e Internal Revenue Code of 1986, as amended. On February 12, 1990, a public hearing was conducted regarding the issuance of bonds by the North Texas Higher Education Authorlty, Inc. in the aggregate principal amount not to exceed $100,000,000 and the utilization of the proceeds of such Bonds for the purpose of refunding the Authorltv's Student Loan Revenue Bond, Series 1989, purchasing student loan notes, and setting aside certaln funds for the payment and security of the Bonds and certain expenses ~n connectIon w~th ~ssuance of the Bonds, as provided and l~mlted by the Internal Revenue Code of 1986, as amended, and the Texas Education Code, as amended. Student loan notes are notes executed by students (or parents of students) who are residents of the State of Texas or who have been admitted to an "accredited ~nst~tut~on" in the State of Texas (as defined in the Texas Education Code). A copy of the report of such hearing is attached hereto as qchedule 1. As the appllcable elected representative of the Clt¥, I hereby speclflcally approve the bonds described above and the use of the proceeds of such bonds for the purposes stated above. SIGNED and SEALED this ~day of ~~.~, 1990. Mayor,~~as (SEAL) ATTEST: C~y of ~enton, Texas Schedule CERTIFICATE I, the undersigned, am an authorized representative of the North Texas Higher Education Authority, Inc (the 'Issuer") duly appointed by such Issuer to conduct a public hearing (the "Hearing") at 10 o'clock a m on Monday, February 12, 1990, and do certify as follows 1 On behalf of the Issuer, I conducted the Hearing in the off!cee of the Higher Education Servicing Corporation located at 201 E Abram, Suite 800, Arlington, Texas The Hearing concerning the issuance of student loan revenue bonds of the North Texas Higher Education, Inc in an amount not to exceed $100,000,000 2 A true, full and correct copy of the minutes of the Hearing is attached hereto 3 On January 28, 1990, public notice of the Hearing was published in a newspaper of general circulation in, and published in, the Cities of Ar lzng~on and Denton, Texas, respectively Attached hereto follow~nq the minutes of the Hearing are affidavits of publication relatlng to said pubtlc notices SIGNED this 12th. day of February 1990 Mama'( - Katfiryn ~yad Tltle Assistant Secretary North Texas Higher EducaC ion AuChor lty, 0516S MINUTES OF THE MEETING OF FEBRUARY 12, 1990 The public hearing for the purpose of hearing from interested members of the public concerning the proposed issuance of obllgatxons by North Texas Higher Education Authority, Inc in the amount not to exceed $100,000,000 (the "Bonds") and the utilizatIon of the proceeds of the Bonds by the North Texas Higher Education Authority, Inc for the purpose of refunding the Authorlty's Student Loan Revenue Bond, Series 1989, purchasing student loan notes, and setting aside certain funds for the payment and security of the Bonds and certain expenses an connection with issuance of the Bonds, as provzded and limited by the Internal Revenue Code of 1986, as amended, and ~he Texas Education Code, as amended, was opened at 10 o'clock a,m The undersigned requested all persons who desired to speak either for or against the issuance of the obligations to so Indicate Dy raising their hands The following persons present at the meeting so indicated See Exhmb~t "A" Following such comments, the undersigned then announced that the hearing was closed Title' Assistant SecreTary 0517S CERTIFICATE OF SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON I, the undersigned, Czty Secretary of the City of Denton, Texas, DO HEREBY CERTIFY as follows: 1. That on the 20th day of February, 1990, the City Council of the City of Denton, Texas, convened in reaular session at its regular meeting place in the City Hall of said Czty; the duly constituted members of the Council being as fol lows .. ~%y Stephen~ ) MAYOR Ru_~h Ayer Jim Alexander Randall Bovd Bob ~Q~ton COUNCILMEMBERS Jane Hopkins and all of said persons were present at said meetxng, except the following: Among other business considered at said meeting, the attached resolution entitled: "A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO THE ISSUANCE OF OBLIGATIONS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH." was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, and upon a motion by McAdams and 1 seconded by Aver , the resolution was duly passed and adopted by the City Council to be effective immediately by the following vote: ? ~oted "For" Q voted "Against" 0 abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid ~te. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the Cltv Council of said City on the date of the aforesaid meetin~ are those persons shown above and, according to the records of my office, each member of the Council was given advance notice of the time, place and purpose of the meeting; and that said meeting, and deliberation of the aforesaid Dublic business, was open to the public and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof in compliance with the provisions of Article 6252-17, Section 3A, V.A.T.C.S. IN WITNESS WHEREOF, I have hereunto si~ned mv name officially and affixed the seal of said City, this the 20th day of F~h~,,,~y , 1990. ty Se~etary, ty of~enton, Texas (City Seal) 2901L RESOLUTION NO. /~ '00'7 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF FARMERSVILLE, TEXAS FOR THE SALE AND PURCHASE OF WHOLESALE ELECTRIC SERVICE; AND PROVIDING AN EF- FECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the City of Farmersville, Texas for the sale and purchase of wholesale electric service, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the ~'day of ~, 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPKOVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH~ CITY ATTORNEY CONTRACT FOR SALE AND PURCHASE OF FIRM POWER AND ENERGY between CITY OF FARMERSVILLE, TEXAS, as purchaser and each of CITY OF BRYAN, TEXAS, CITY OF DENTON, TEXAS, CITY OF GARLAND, TEXAS, CITY OF GREENVILLE, TEXAS, each acting on its own behalf severally and not Jointly, as seller Dated as of January 1, 1990 TABLE OF CONTENTS Page SECTION 1' Capacity of Parties Nature and Number of Contracts 5 SECTION 2 Definitions 6 SECTION 3 Sale and Purchase of Firm Power and Energy 8 SECTION 4 Delivery of Firm Power and Energy 10 SECTION 5. Rates and Charges 13 SECTION 6 Meter Readings and Seller's Billing 16 SECTION 7 Meter Testing and Billing Ad]ustment 16 SECTION 8 Payments to Constitute Operating Expenses of Purchaser's System 18 SECTION 9: Covenants of the Purchaser 18 SECTION 10' Covenants of the Seller 19 SECTION 11: Remedies ~n Event of Default 20 SECTION 12 Payment Due Dates and Delinquency 21 SECTION 13 Term of Contract 22 SECTION 14' Force Majeure 24 SECTION 15 Records and Accounts 25 SECTION 16. Access. 26 SECTION 17 Assignment 27 SECTION 18. Successors and Assigns 27 SECTION 19. Governmental Rates, Regulations and Laws 27 SECTION 20 Notices 27 SECTION 21' Severabll~ty 28 SECTION 22 Entlre Contract 28 SECTION 23. No Waiver 28 EXHIBITS Exhibit A 32 Exhibit B 33 Exhibit C 34 Exhibit D 35 Exhlblt E 36 Exhlblt F 37 - 2 - CONTRACT FOR SALE AND PURCHASE OF FIRM POWER AND ENERGY between City of Farmersvllle, Texas, as purchaser and each of City of Bryan, Texas, City of Denton, Texas, City of Garland, Texas, Clty of Greenville, Texas, each acting on its own behalf severally and not jointly, as seller This Contract, made and entered into as of the 1st day of January, 1990 (but effective on the date provided in Section 13 hereof), by and between the City of Farmersvllle, Texas (the "Purchaser"), a municipal corporation and polItical subdivision of the State of Texas, and the City of Bryan, Texas, the C~ty of Denton, Texas, the City of Garland, Texas, and the City of Greenville, Texas, each of which cities is a municipal corporation of the State of Texas (herein called "Seller" with respect to provisions applicable to each of them and called "Bryan," "Denton," "Garland," or "Greenville,# as the case may be, with respect to provisions applicable to them severally) - 3 - W I TNE S S E TH WHEREAS, the Purchaser has need of an economical, reliable source of Firm Power and Energy to meet the growing demands of its customers and has determined to purchase such Firm Power and Energy from the Seller, and WHEREAS, the Seller owns electric generating facilities and transmission lines and purchases Power and Energy from TMPA for the purpose of supplying Firm Power and Energy to its customers, WHEREAS, the Seller is authorized by Section 402 001 of the Local Government Code to sell electric service to any person outside its boundaries and to contract with persons outside its boundaries to permit them to connect w~th its System on terms Seller considers in its best Interest, and WHEREAS, the Purchaser is a person, within the meaning of that term as defined in Section 311 005 of the Government Code, located outside the boundaries of Seller and desires to purchase, and the Seller, having found that the terms herein set forth are in the best interest of the Seller desires to sell, Firm Power and Energy on the terms and conditions herein set forth - 4 - NOW THEREFORE, in consideration of the mutual undertakings herein contained between the Purchaser and each of Bryan, Denton, Garland, and Greenville acting on Its own behalf severally and not Jointly, the Seller and the Purchaser agree as follows SECTION 1' Capacity of Parties Nature and Number of Contracts This instrument is four separate contracts between the Purchaser and each of Bryan, Denton, Garland, and Greenville, respectively. Each of the four separate contracts contains substantially identical terms except insofar as a particular provlslon is clearly appllcable only to one or more of the separate contracts by specifying its application to Bryan, Denton, Garland, or Greenville rather than Seller The rights, duties, obligations, and benefits of "Seller" herein apply to each of Bryan, Denton, Garland, and Greenville severally and not jointly. This instrument contains no agreements or undertakings and imposes no duties or obligations between any of Bryan, Denton, Garland, or Greenville to any of Bryan, Denton, Garland or Greenville A breach or termination of this instrument by one or more of Bryan, Denton, Garland, or Greenville does not in any manner affect the non-breaching or non-terminating parties and does not affect the contracts herein contained of such non- breaching or non-terminating parties with the Purchaser Th~s contract shall be binding between Seller and Purchaser, with respect to each separate contract, on the date both of the Purchaser and the applicable Seller have duly authorized, executed, and delivered this contract These contracts shall terminate as provided in Section 13 The dates which the contracts are executed and binding may be, but are not required to be, the same The failure of one or more Sellers to execute this instrument does not affect the formation of a contract by the Purchaser and Sellers that execute this instrument since the Sellers that do execute this contract are required to provide all of the firm power and energy requirements of the Purchaser as described in Section 3(c). SECTION 2 DefInitions. As used herein (a) "Bryan" shall mean the City of Bryan, Texas (b) "Denton" shall mean the City of Denton, Texas (c) "Energy" shall mean kilowatt-hours (kwh) (d) "Garland" shall mean the C~ty of Garland, Texas (e) "GreenvIlle" shall mean the City of Greenville, Texas (f) "Points of Delivery" shall mean the points on the System of, or available to, the Seller, as determined from time to time by the Seller and the Purchaser, at which Power and Energy are made available to the Purchaser pursuant to this Contract Such Points of Delivery shall be attached hereto as - 6 - Exhibit "A#, and a change therein, approved by the Seller and the Purchaser shall not be considered as an amendment to this Contract (g) "Power" shall mean kilowatts (kw) (h) "Purchaser" shall mean the City of Farmersvllle, Texas (1) "Seller" shall mean each of Bryan, Denton, Garland, and Greenville acting on its own behalf, severally and not jointly (]) "System" shall mean the Seller's electric utility system. (k) "TMPA" shall mean Texas Municipal Power Agency (1) "Uniform System of Accounts" and all other accounting methods and terminology contained or referred to in this Section or elsewhere in this contract means accounting prInciples, methods and terminology followed and construed, as nearly as practicable, in conformity with the Uniform System of Accounts for Class A and Class B Public Utilities and Licensees and accounting rules and regulations thereunder prescribed by the Federal Energy Regulatory Commission for privately owned power companies which are subject to its jurisdictIon and engaged in business comparable to the business of the Seller insofar as the System is concerned, as amended from time to time, or such other system as may be required by any regulatory agency - 7 - SECTION 3: Sale and Purchase of Firm Power and Enerqy (a) The Seller agrees to provide and the Purchaser agrees to purchase and to receive the Purchaser's total requirements for Power and Energy for the operation of the Purchaser's electric system in excess of (1) any amount generated from facilities which the Purchaser Jointly owns with TMPA, (1~) any amount purchased from TMPA after re-creation of TMPA by the addition of one or more c~tles including, but not limited to, the Purchaser, (ill) any amount purchased from a joint powers agency created by the Purchaser and by one or more of Bryan, Denton, Garland, or Greenville, for the purpose of construction of future generating facilities, (iv) any amount generated by the Purchaser from a facility which is jointly owned by the Purchaser and by a joint powers agency created by one or more of Bryan, Denton, Garland and Greenville, and (v) any amount purchased from a city other than the Seller which is a member-city of TMPA pursuant to a contract substantially Identical to this contract (b) It is the intent of this Contract that if any of the Sellers, as that term is defined in Section 2 of this Contract, do not execute this Contract then the remaining Sellers who do execute this Contract will be responsible for providing all of the power and energy requirements of the Purchaser, as required - 8 - under subsections (a) and (c), for the Term of this Contract The formula which dictates how much power and energy each Seller is required to provide is contained in Section 3(c) of this Contract (c) The Seller's obligation to provide Firm Power and Energy under this contract is limited to a proportion of Purchaser's total requirements for Firm Power and Energy, calculated by multiplying Purchaser's total requirements by a fraction, the numerator of which is the difference between Seller's available capacity including its then current entitlement from Gibbons Creek, and 1 15 times the Seller's native peak load after excluding other firm or nonflrm sales and the denominator of which is the sum of the numerators for all of Bryan, Denton, Garland, and Greenville Exhibit B reflects two examples of calculations of the above formula (d) In association with the power and energy being sold to Purchaser, Sellers will provide all of the operating and planning reserves required by applicable operating agreements with other members of the Electric Reliability Council of Texas in proportion to their obligation to provide Firm power and energy under Section 3(c) above. - 9 - SECTION 4 Delivery of Firm Power and Energy (a) The Firm Power and Energy to be furnished under this Contract shall be three (3) phase, alternating current, at a nominal voltage of 24,900 volts at one point of delivery, and a nominal frequency of sixty (60) hertz, subject to conditions of delivery and measurement as hereinafter provided (b) The Points of Delivery and other conditions of service shall be in accordance with Exhibit "A" attached to this contract, as modified by the Seller and the Purchaser from time to time The location of the delivery point, for service commencing on September 25, 1990, shall be mutually agreed upon between Purchaser and Seller After commencement of service under this contract, no delivery points will be added without permission of the Purchaser The Seller w~ll provide for the construction of all facilities on the supply s~de of the metering point and for the operation and maintenance of those facilitIes (c) The Sellers will pay for and construct a single 25KV metering point located at a mutually agreeable location near the Roping Club Arena on Old Josephine Highway The Sellers w~ll pay for and install a 25KV Recloser at the metering point All facilities on the Purchasers side of the metering point w~ll be - 10 operated and maintained by Purchaser Ail facilities past this point will be paid for, constructed and owned by Purchaser except for the following facilities, which will be paid for and constructed by the Sellers. 1) A 25KV Express Feeder from the metering point to a mutually agreed upon point on South Ma~n Street, on property currently owned by the Purchaser, near the Clty Hall for the location of the 4160 volt stepdown station Purchaser will provide routing and rights- of-way for this l~ne 2) Three 150 ampere voltage regulators 3) Four 1000 KVA 25KV wye/4 16 KV wye transformers or similar facilities or equipment that will provide the same level of reliable service After installation and successful operation, the facilities listed in 1-3 above will be owned, operated and maintained by Purchaser The Seller's interest in the facilities l~sted in 1-3 will be transferred to Purchaser automatically on the date Seller obtains such interest from TMPA Purchaser shall have no obligation to operate or maintain said facilities until title to those facIlities ~s transferred to Purchaser - 11 (d) In the event adequate transmission arrangements have not been made by Purchaser for the transmission of Seller's power and energy to Purchaser by September 25, 1990, then the commencement date of the terms and conditions of this contract and delivery of power and energy related thereto shall be extended until such time as Purchaser is able to make adequate arrangements The Sellers will be responsible for delivery of firm power and energy under th~s contract, to the metering point, and any costs related to delivery of firm power and energy (e) Metering equipment shall be furnished, installed and maIntained by the Seller at each Point of Delivery If transforming equipment is located at the point of delivery, said metering equipment shall be located on the high voltage s~de of the transformer (f) The Purchaser shall maintain its electric system such that the power factor at each metering point shall be between 90 lagglng and 90 leading In the event that the power factor at the time of monthly peak demand is less than 90 lagging, the demand for billing purposes will be adjusted by the following formula - 12 Adjusted demand = Actual demand x 90 Power factor SECTION 5: Rates and Charges (a) The rates and charges of the Seller to the Purchaser for Power and Energy and for services supplied shall be (1) non-discriminatory, (il) fair and reasonable, and be based upon the average costs of providing the Power and Energy or providing the service with respect to which the rate or charge is based as shown in Exhlblt E, and (ill) adjusted annually to reflect the average cost of Energy as calculated on an annual basis in the manner described in thls section (b) Except with respect to adjustments expressly allowed by this Section 5(c), the rates and charges set forth on Exhibit #C" are firm until the earlier of January 1, 1994 or when the Purchaser receives (1) any power or energy generated from facilities which the Purchaser jointly owns with TMPA, (11) any - 13 power or energy purchased from TMPA after re-creation of TMPA by the addition of one or more cities Including, but not limited to, the Purchaser, (111) any power or energy purchased from a joint powers agency created by the Purchaser and by one or more of Bryan, Denton, Garland, or Greenville for the purpose of construction of future generating facilities, or (iv) any power or energy generated by the Purchaser from a facility which is jointly owned by the Purchaser and by a joint powers agency created by one or more of Bryan, Denton, Garland, and Greenville After such date, the rates and charges in Exhibit "C# shall be amended The amended rates and charges shall be based on the criteria in subsection (a) (c) On January 1 of each year during the term of this contract, the average cost of energy for the preceding year ending September 30 of Bryan, Denton, Garland, and Greenville shall be compared with the average costs of Purchaser for the same time perlod under the rates charged in Exhibit #C", the Purchaser's rates to be corrected to reflect Purchaser's average cost at the load factor of the system. The average costs of Bryan, Denton, Garland, and Greenville shall be calculated by dlv~dlng the sum of the product~on costs of Bryan, Denton, Garland, and Greenville by the combined energy supplied to firm load by Bryan, Denton, Garland and Greenville as shown in Exhibit - 14 #E" The production costs of Bryan, Denton, Garland and Greenville shall be calculated by summing the demand charge of TMPA, the energy charge of TMPA, the operating and maintenance costs for power generation by Bryan, Denton, Garland and Greenville, debt service for generation by Bryan, Denton, Garland and Greenville, and other associated costs of generation by Bryan, Denton, Garland and Greenville as shown in Exhibit "E# Purchaser's corrected average cost will be the actual cost paid under the rate in Exhibit #C#, adjusted to reflect Purchaser's cost at a transmission rate and at system load factor An example calculation of the Purchaser's corrected average cost is shown in Exhibit #F" If this corrected rate is higher than the average costs of Bryan, Denton, Garland and Greenville, the difference shall be returned to the Purchaser, without liability for any interest Under no circumstances will the Purchaser be required to reImburse monies to the Sellers if the average costs to Sellers are more than Purchasers' actual costs From and after the date the Purchaser receives power and energy from one of the four sources enumerated in subsection (b), If a reduction in the Purchaser's demand for Power and Energy from the Seller occurs, the calculation of average costs shall be changed to reflect the demand of Purchaser for Power and Energy from the Seller and the Seller's costs at such time - 15 SECTION 6: Meter Readings and Seller's Bllllnq The Seller shall read meters or cause meters to be read and bill the Purchaser or cause the Purchaser to be billed for Power and Energy furnished under this contract at monthly intervals If multiple points of delivery are provided by Sellers, then the demand utilized for billing purposes shall be calculated on a coincident peak demand basis. Payment of bills are due within 15 days after receipt by Purchaser Payment of all bills shall be made to the person, at the address, in the manner, specified in each bill. Seller may cause billing services to be performed by TMPA or by some other legal entity and Seller's bills may be aggregated with the bills to Purchaser of any other member city of TMPA. In such event, the Purchaser may pay a single amount to TMPA or to the other entity, as the case may be, for credit to the account of the Seller and the other cities as detailed on the bill SECTION 7: Meter Testing and Billing Adjustments The Seller shall test and callbrate meters or cause meters to be tested and calibrated by comparison with accurate standards at intervals of twelve (12) months, or such other intervals as the part~es agree. The Seller shall also make or cause to be made special meter tests at any time at the Purchaser's request The costs of all tests shall be borne by the Seller, provIded, - 16 - however, that if any special meter test made at the Purchaser's request shall disclose that the meters are recording accurately, the Purchaser shall reimburse the Seller for the cost of such test Meters registered not more than 1/2 of 1% above or below normal shall be deemed to be accurate The readings on any meter which shall have been disclosed by test to be inaccurate shall be corrected from the beginning of the monthly billing period immediately preceding the billing period during which the test was made in accordance with the percentage of Inaccuracy found by such test, provided, that no correction shall be made for a longer period unless the Seller and the Purchaser mutually agree thereto Should any meter fall to regIster, the Power and Energy delivered during such period of failure shall, for billing purposes, be estimated by the Seller and the Purchaser from the best information available The Seller shall notify the Purchaser or cause the Purchaser to be notified in advance of the time of any meter test so that the Purchaser's representative may be present at such meter test For the purpose of notifying the Purchaser in advance of a meter test, the Seller is not required to provide written notification as required by section 21 - 17 - SECTION 8 Payments to Constitute Operating Expenses of Purchaser's System The Purchaser's obligation to make the payments under this contract shall constitute an operating expense of Its electric system payable solely from the revenues and receipts of such electric system SECTION 9 Covenants of the Purchaser (a) The Purchaser covenants to establish, maintain and collect rates and charges for the electric service of its electric system which shall produce revenues at least sufficient, together with other revenues avaIlable to such electric system and available electric system reserves, to enable it to pay to the Seller, when due, all amounts payable by the Purchaser under this contract (b) The Purchaser covenants that Firm Power and Energy suppl~ed under th~s Contract will be used only to supply Purchaser's retail customers as members of the general public and will not be resold to other utilities at wholesale or resold to any person or business pursuant to a written contractual arrangement or other understanding which differs in any respect from sales to the public generally. For purposes of this section 9(b), purchases of Firm Power and Energy by industrial or - 18 business customers pursuant to a rate structure published by the Purchaser and available to any customer meeting the established criteria (size of load, load factor, etc ) are treated as sales to the public generally and are not prohibited by this section SECTION 10 Covenants of the Seller (a) The Seller covenants to use reasonable dIligence to provide a constant and uninterrupted supply of Power and Energy hereunder. If by reason of force majeure, the supply of Power and Energy shall fall, or be interrupted, or become defective as hereinafter provided, the Seller shall not be liable thereof or for damages caused thereby Pursuant to the Power Sales Contract, as amended, between Seller and TMPA, Seller is obligated to take all of its requirements from TMPA and is prohibited (except in certain limited c~rcumstances) from constructing additional generating facilities Therefore, no provision of this Contract requires Seller to construct capacity to provlde Power and Energy to Purchaser If Seller does not have sufficient capacity to provide to Purchaser the Power and Energy required under this Contract, Seller shall purchase the additional Power and Energy that is required - 19 (b) The Seller covenants that it will operate, maintain and manage its System or cause the same to be operated, maintained and managed in an efficient and economical manner, consistent with sound utility practice and in accordance with standards normally used by utilities owning like properties SECTION 11 Remedies in Event of Default (a) If the Purchaser fails or defaults in meeting the terms, conditions and covenants of this contract, the Seller shall give notice to the Purchaser The Purchaser shall from the date of the mailing of such notice, have a period of 15 days to cure the default (b) If the Purchaser does not cure its default within such period of fifteen (15) days, then, so long as the Purchaser remains in default, and in addition to any other rights which the Seller has under this contract and at law and in equity, the Seller may terminate all service to the Purchaser provided, however, that Seller shall specifIcally notify Purchaser, in writing, at least fifteen (15) days prior to such termination of services hereunder. Such notice of termination may be included in the notice required under subsection (a), and, in such a case, the fifteen (15) day period in which the Purchaser may cure a - 20 - default may also serve as the fifteen (15) day notice period prior to termination of service Termination of service hereunder shall not reduce or change the oblIgation of the Purchaser under the other provisions of this contract (c) If the Seller falls or defaults in meeting the terms, conditions and covenants of this contract, the Purchaser shall give notice to the Seller Following such notice, the Seller shall have a period of 15 days to cure the default If the default is not cured in the 15 day period, then the Purchaser shall have all of the rights and remedies provided at law and in equity. SECTION 12 Payment Due Dates and Delinquency In the event that the Purchaser falls to make any payment within fifteen (15) days after receipt of the bill, interest on the delinquent amount shall accrue at the rate of ten percent (10%) per annum from such date until paid in full Following the fifteen day period in which Purchaser may cure such default as provided in Section 11, the Seller may, in addition to any other remedy in this contract Including termination of service and including any other remedy available at law or in equity, ~nstltute a 21 - proceeding for a mandatory in]unction requiring the payment of the amount due and interest thereon, such action to be instituted in a court of competent jurisdiction SECTION 13. Term of Contract. (a) The Seller's duty to provide Firm power and energy under this contract shall commence on September 25, 1990 (b) If Seller does not request Purchaser to enter into a contract as specified in subsection (c) hereunder, then this contract shall terminate on January 1, 1998 (c) During the term of this contract, Seller may in writing, request Purchaser to enter into a contract (1) with TMPA, for the Joint ownership of a generatIng unit with TMPA, (~) with TMPA, for the purchase of power and energy from TMPA, following the re-creation of TMPA by the addition of one or more cltles, including Purchaser, (111) with a joint powers agency, created by Purchaser and by one or more of Bryan, Denton, Garland, or Greenville, for the purchase of power and energy from the joint powers agency, or (iv) with a joint powers agency created by one or more of Bryan, Denton, Garland or Greenville, - 22 for the Joint ownership of a generating unit with the joint powers agency, or (v) with TMPA for the construction of electric generating facilities for the Purchaser utilizing the proceeds of special contract revenue bonds to be issued by TMPA Hereinafter, such a contract shall be referred to as a "contract of participation" (d) Within one year after the receipt by Purchaser of a request under subsection (c), Purchaser shall (1) comply with the request by entering into the contract of participation and elect to have this contract terminate on the date of termination of the contract of participation (11) deny the request and elect to terminate this contract, effective two years after receipt of the request, or (111) deny the request and elect to have this contract continue on a "rolling" five year term If, during the "rolling" five year term, no notice terminating the contract is received before any January 1, then the Purchaser and the Seller will be deemed to have continued the contract for another five year term commencing on January 1 If, however, during the #rolllng# five year term, the Purchaser or the Seller provides written notice to the other before any January 1 terminating the contract, then the contract will terminate at the end of the five year period commencing on January 1 23 - (e) If the Purchaser fails to respond to a request under subsection (c) within one year after the receipt of the request, the request will be deemed automatically denied and this contract shall continue on a #rolling# five year term as more specifically described in subsection (d). SECTION 14' Force Majeure (a) If for any reason of "force majeure" any of the parties hereto shall be rendered unable, wholly or in part, to carry out its obligations under this contract, then if such party shall give notice and the full particulars of such reasons in writing to the other party within a reasonable time after the occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such "force majeure," shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch The term "force majeure" as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders or actions of any kind of the Government of the United States or of the State of Texas or any civil or mllltary authority, Insurrections, riots, epidemics, landslides, llghtmlng, earthquakes, fires, hurricanes, 24 - storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accident to dams, machinery, pipelines, or canals or other structures or machinery, on account of any other cause not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any "force majeure" shall be remedied with all reasonable dispatch shall not require the settlement of str~kes and lockouts by acceding to the demand of the opposing parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. (b) No damages shall be recoverable from the Seller or from the Purchaser by reason of the cause above mentioned (c) Upon request from Purchaser, Sellers will assist Purchaser in an effort to secure an alternative temporary source of power and energy in the event of an interruption of power SECTION 15' Records and Accounts The Seller will keep accurate records and accounts of the System and of the transactions relating to each facility constituting the System as - 25 - well as of the operations of the Seller in accordance with the Un~form System of Accounts, which shall include depreciation Within one hundred twenty (120) days after the close of each flscal year of the Seller, the Seller shall cause such records and accounts with respect to such fiscal year of the Seller to be subject to an annual audit by an independent certified public accountant A copy of each such annual audit shall be sent by the Seller to the Purchaser. SECTION 16 Access The Purchaser shall have reasonable access to examine any and all books and records of the Seller which are public records under the Open Records Act and to examine any facility of the System The Seller and the Purchaser will give the other access to the facilitIes and (when permitted by existing easement) to the easements, rights-of-way and property of each other at all reasonable times for the purpose of constructing, maintaining, repairing or removing facilities, reading meters and performing work necessary or incidental to delivery and receipt of Firm Power and Energy furnished hereunder To the extent it is necessary to authorize the delivery of the power and energy required under this contract, to Purchaser (and not to others), Purchaser consents to the extension of electric lines inside the incorporated boundaries of Purchaser 26 - SECTION 17 Assignment This Contract shall not be assignable without the written consent of the Purchaser and each of the Sellers. SECTION 18 Successors and Assigns This Contract will inure to and be binding upon the successors and assigns of the respective parties SECTION 19 Governmental Rates, Regulations and Laws The contract shall be subject to all valid rules, regulations and laws applIcable thereto, as promulgated by the United States of America, the State of Texas, or any other governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them SECTION 20 Notices. Any notice, request, demand, statement or bill provided for in this contract shall be in writing and shall be considered to have been duly delivered and received when sent by registered or certified mall, addressed as provided in Exhibit #D", unless another address has been designated, in writing, by the party entitled to receive same 27 - SECTION 21' Severablllty The parties hereto agree that if any of the provisions of this contract should contravene or be held invalid under the laws of the State of Texas, such contravention or lnvalldlty shall not invalidate the whole contract but it shall be construed as though not contaIning that particular provision, and the right and obligations of the parties shall be construed and in force accordingly SECTION 22. Entire Contract This contract shall constitute the entire understanding between the parties hereto, superseding any and all previous understandings, oral or written, pertaining to the subject matter contained here~n No party hereto shall have any rellef, or be entitled to rely, upon any oral representation or oral ~nformat~on made or g~ven to such party by any representative of the other party or anyone on its behalf. SECTION 23. No Waiver The failure of a party to enforce at any time any of the provisions of this contract or to require at any time performance by the other party of any of the provisions of this contract shall not be construed as a waiver of such provisions or of the right of such party thereafter to enforce each and every provision of this contract 28 - IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed in their corporate names and their corporate seals affixed, all by the proper officer duly authorized thereunto, as of the day and year first herelnabove written CITY OF FARMERSVILLE, TEXAS ByMa yor~ ~~~ (Seal) ATTEST Date of By ExecutIon Clty Secretary 29 - CITY OF BRYAN, TEXAS Mayor (Seal) ATTEST. Date of By' .~I~U~ \ '~'~ ~0~ Execution City Secretary CITY OF DENTON, TEXAS (Seal) ATTEST Date of ~t~ "S~cretary .... / ! - - 30 - CITY OF GARLAND, TEXA~ ~ Mayor (Seal) ATTEST. Date of By ~/ ~ ~ Execution ~- ~ -//~ City Secretary CITY OF GREENVILLE, TEXAS Board Chairman (Seal) ATTEST ~~~ Date of /~ By _~ Executlo~ ~-/ ~$ Board Secretary - 31- EXHIBIT #A" POINT OF DELIVERY The Point of Delivery shall be as follows At a mutually agreeable location near the Roping Club Arena on Old Josephine Hlghway - 32 - EXHIBIT #B" * Example Calculation of the Proportional Share of Firm Power and Energy to be Provided by each Seller to Purchaser Bryan Denton Garland Greenville Sellers Available Capacity - MW 310 258 616 144 Sellers Native Peak Load 153 176 367 83 1 15 times Peak Load 176 0 202 4 422 0 95 4 Difference - Numerator 134 1 55.6 194 0 48 6 Denominator - Sum of Numerators 432 432 432 432 Fraction 0 3102 0 1287 0 4488 0 1123 Farmersvllle Load - 4800 KW Obligation 1489 618 2154 539 If, for example, only Bryan, Denton and Greenville executed this Contract, then their individual obligations would be calculated as follows Bryan Denton Greenville Sellers available capacity - MW 310 258 144 Sellers Native Peak Load 153 176 83 1 15 times Peak Load 176 0 202 4 95 4 Difference - Numerator 134 1 55 6 48 6 Denominator - Sum of Numerators 238 238 238 Fraction 5634 2336 2042 Farmersvllle Load ~ 4800 KW Obligation 2704 1121 980 * The numbers appearing in this Exhibit are for illustrative purposes only and are not intended to specify exact obligations to provide firm power and energy under this Agreement - 33 - EXHIBIT #C" RATES AND CHARGES Demand Charge $13 03/KW Energy Charge $ 2/M W H THE DEMAND CHARGE SHALL APPLY TO THE LARGER OF THE ACTUAL MONTHLY METERED DEMAND (AS ADJUSTED BY THE POWER FACTOR ADJUSTMENT, IF NECESSARY) OR 50% OF THE LARGEST MONTHLY METERED DEMAND (ADJUSTED FOR POWER FACTOR) IN THE LAST ELEVEN MONTHS A MONTHLY FUEL CHARGE WILL BE MULTIPLIED BY THE ENERGY CONSUMPTION. THE FUEL CHARGE WILL BE THE AVERAGE COST OF FUEL FOR BRYAN, DENTON, GARLAND, GREENVILLE AND PURCHASER THE FUEL CHARGE WILL BE CALCULATED ON AN "ESTIMATE AND CORRECT" BASIS 34 - EXHIBIT "D# NOTICES Ail notices, requests, demands, statements or bills shall be mailed to the followIng CITY OF FARMERSVILLE Attention. c~ty Manager 303 S Maln Street Farmersvllle, Texas 75031 CITY OF BRYAN Attention City Manager P O Box 1000 Bryan, Texas 77805 CITY OF DENTON Attention. City Manager 215 E McK~nney Denton, Texas 76201 CITY OF GARLAND Attention City Manager P O Box 469002 Garland, Texas 75046 CITY OF GREENVILLE Attention. Director of Electric Utilities P O. Box 1049 Greenville, Texas 75401 - 35 - Exhlblt Calculation of Average Costs of Seller A Average cost of Seller = __ where B A = The sum of the demand charge of TMPA, the energy charge of TMPA, the operating and maintenance costs for power generation by the Sellers, debt service for generation by the Sellers and other associated costs of generation and costs of purchase power of Sellers B = The comblned energy supplied to flrm load by Sellers 36 - EXHIBIT "F# 1 Farmersvllle Average Cost Adjustment Example Calculation 2 System Average Load Factor 48 38% 3 Peak Demand 4,804 KW From Peak Month's Bill 4 Demand Billing Units 39,178 Annual KW from Billings 5 Energy Billing Units 17,149,800 KWH from Billings 6 Demand Rate $13 03 per KW 7 Less Distribution Charge $1 25 per KW 8 Equivalent Transmission Rate $11 78 per KW (Line 6 minus Line 7) 9 Transmission Demand Bill $461,516 84 Line 8 times Line 4 10 Actual Fuel & Energy Bill $283,829 19 From Billings 11 Average Fuel & Energy Cost $0 01655 L~ne 10 divided by L~ne 5 12 Energy Required to Produce 20,359,810 L~ne 3 t~mes L~ne 2 System Load Factor t~mes 8760 13 System Load Factor Energy $336,954 85 Line 11 times Bill l~ne 12 14 System Load Factor $798,471 69 Line 9 plus Line 13 Total Bill 15 Equivalent Average Cost $0 03922 L~ne 14 divided by Line 12 * The numbers in this Exhibit are for Illustrative purposes only - 37 RESOLUTION NO. qO O2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WASTE MANAGEMENT, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL LICENSE AGREEMENTS ENTERED INTO PURSUANT TO CHAPTER 12 OF THE CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~. That the City Manager is hereby authorized to exe- cute an agreement between the City of Denton and Texas Waste Management, Inc., under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. ~ That the City Manager is hereby authorized to execute license agreements with those businesses who use the public streets within the city for the purpose of engaging in the business of collecting and disposing of solid waste if such agreements are in substantially the same form as the License Agreement attached hereto. ~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~day of~ ~, 1990 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1 lcagree, res LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WASTE MANAGEMENT, INC. For and in consideration of compliance by the LICENSEE with the conditions set forth in this Agreement, and the ordinances and regulations of the City governing the collection of solid waste, the CITY hereby grants to Texas Waste Management, Inc. a license to use the public streets, alleys and thoroughfares within the corporate limits of the city for the purpose of engaging in the business of collecting and disposing of garbage, trash, rubbish, and solid waste from any person, as provided in Chapter 12 of the Denton Code of Ordinances, Sec. 12-23 and Sec. 12-24, from locations within the corporate limits of the city. II. TERM The ter~ of this Agreement shall be for a period commencing upon the 1st day of January, 1990, and continuing through the 31st day of December, 1990. III. NON-WAIVER OF POWERS This Agreement shall not be taken or held to imply the relinq~ishment or waiver by the CITY of its power to make other reasonable requirements or regulations, and the CITY hereby expressly reserves the right to make all regulations which may be necessary or proper to secure in the most ample manner the safety, welfare and accommodation of the public including, among other things, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of garbage and solid waste collections, and to provide such service as is contemplated by this Agreement. IV. SCOPE AND NATURE OF OPERATION It is expressly agreed and understood that the LICENSEE shall use suitable containers to collect and deliver for disposal all garbage and solid waste removed by said LICENSEE. LICENSEE shall, at its own expense, furnish personnel and equipment to collect garbage and solid waste from customers. LICENSEE will establish and maintain in an efficient and business-like manner such scheduled routes and special schedules as may be necessary to fulfill the solid waste service requirements of accounts located within the city. V. RULES AND REGULATIONS A. The City Manager may impose all reasonable rules and regulations as a condition precedent to issuing a license under this article and as a condition subsequent to continuing validity. Such rules and regulations may include, but are not necessarily restricted to, a type of vehicle to be used in collection, number of pickups per week required, method and route for transporting said collection, appropriate disposal locations and identification of trucks. Such rules and regulations shall be subject to the approval of the city Council. B. LICENSEE may not discontinue service to a commercial or industrial customer for non-payment without first removing the container. LICENSEE agrees to notify the City of Denton Code Enforcement Division upon removal of container for non- payment. C. LICENSEE shall furnish CITY a list of the locations of its solid waste customers in the City on a quarterly basis, LICENSEE to provide the CITY with the first list not later than March 1, 1990 for the purpose of updating the photometric index information and to assist the City's Code Enforcement Division in handling litter and debris violations of the City Code of Ordinances. D. LICENSEE shall arrange for timely collection of large items placed beside containers by contacting customer to authorize collection. In the event the customer does not authorize collection, LICENSEE will notify the City of Denton Code Enforcement Division. VI. PAYMENTS The LICENSEE shall be responsible for billing accounts and collecting payments from customers. VII. LICENSE FEE In consideration of the license granted in Section I hereof, LICENSEE shall pay to the CITY, at the office of the executive director of finance, in lawful money of the United States, eight 2 percent (8%) of its gross receipts measured by the solid waste collection service fees and revenues collected and other income from any source derived from the operation of the solid waste collection service within the corporate limits of the City of Denton. LICENSEE shall remit this license fee monthly on or before the twentieth (20th) day of each month based upon the revenues collected during the previous month. Revenues from the collection of commercial or industrial waste material which is recycled is not subjectlto the license fee unless there is greater than ten percent (10%) nOn-recycled waste in a container. This compensation shall be in lieu of any other fees or charges imposed by any other ordinance now or hereinafter enforced during the life hereof, but shall not release the LICENSEE from the payment of ad valorem taxes levied,.or to be levied, on property it owns, or fees for using the cityts landfill. The books and records of LICENSEE shall be open at reasonable times for inspection by the city Manager or his designee in accordance with the terms of this license Agreement. VIII. VEHICLE IDENTIFICATION The LICENSEE shall provide CITY with a list of vehicles which it operates and the make, model and body style of each vehicle. LICENSEE shall identify each vehicle by placing clearly legible letters, no smaller than six inches (6") on each vehicle identifying the applicant by name. IX. DISPOSAL OF SOLID WASTE The LICENSEE agrees to dispose all solid waste collected within the CITY at a sanitary landfill site approved by the State of Texas. The CITY reserves the right to designate a specific landfill site to be used by the LICENSEE at any time during the term of this Agreement. X. TERMINATION If at any time LICENSEE fails to perform any of the terms or conditions herein set forth, CITY may, after a hearing as described herein, revoke and cancel the license given in Section I hereof and this Ag=eement shall be null and void. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to LICENSEE by registered or certified mail addressed to LICENSEE at the address shown on the record of CITY, or personally delivered to LICENSEE, and a period of at least ten (10) days has elapsed, since the mailing or delivery of such notice. The notice shall specify the time and place of the hearing and shall include the reasons for revocation of such license. The hearing shall be conducted by the City Manager of the City and LICENSEE shall be allowed to be present and given full opportunity to answer such charges, and allegations as are set out against him in the notice. If, after the hearing is concluded, the city shall determine that the charges and allegations set forth in this notice are affirmed by the facts presented by the hearing, the CITY may revoke and cancel this agreement and the license, and the same shall be null and void. XI. BOOKS AND RECORDS The LICENSEE shall maintain a separate set of records in a form sufficient to identify its revenues and expenses involved in collection and disposal of garbage and sol~d waste within the corporate limits of the City of Denton ~ntending thereby to separate the accounting records of the Denton operation from its other operations. The CITY may, at any time cause an audit, either formal or informal, to be made of the portion of LICENSEE'S books and records representing its Denton operation or any portion of any of its other operations which may be allocated or charged to the Denton operation. Any additional amount due CITY as a result of such audit shall be paid within thirty (30) days following written notlce'to LICENSEE from CITY. XII. INDEMNIFICATION; INSURANCE The LICENSEE assu~es risk of loss or injury to property or persons arising from any of its operations under this Agreement, and agrees to indemnify and hold harmless the CITY from all claims, demands, suits, judgments, costs or expenses, including expenses of litiga~ion and attorneys fees, arising from any such loss or injury. It is expressly understood that the foregoing provisions shall not in any way limit the liability of the LICENSEE. The LICENSEE agrees to carry insurance during the entire term of this Agreement as follows: a. Worker's Compensation insurance covering all employees of the LICENSEE engaged in any operation covered by th~s Agreement. b. Automobile and Public Liability Insurance in amounts not less than $1,000,000 per occurrence. 4 Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas, and shall name CITY as an additional insured and shall insure CITY in the same general terms and to the same general effect as the foregoing Agreement of LICENSEE to indemnify and hold harmless CITY, and certificates evidencing such insurance contracts shall be deposited with CITY. XIII. ASSIGNMENT No assignment of this Agreement or any right occurring under it shall be made in whole or in part by LICENSEE without the ex~ress written consent of CITY; in the event of any assignment, the assignee shall assume the liability of LICENSEE hereunder. XIV. BANKRUPTCY This Agreement shall terminate in the case of bankruptcy, voluntary or involuntary, or insolvency of the LICENSEE. In the case of bankruptcy, such termination shall take effect on the day and at the time the bankruptcy is filed. XV. RIGHT TO REQUIRE PERFOP.MANCE The failure of CITY at any time to require performance by LICENSEE of any provisions hereof shall in no way affect the rights of the CITY thereafter to enforce the same. Nor shall waiver by the CITY of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. XVI. MISCELLANEOUS A. If any provision of this Agreement shall be declared illegal, void or unenforceable, the other provisions shall not be affected and shall remain in full force and effect. B. The effective date of this Agreement shall be on January 1, 1990. c. All notices given pursuant to this Agreement shall be deemed sufflcient, if given in writing and delivered on a business day during normal business hours, and deemed delivered on the second business day after dispatch if sent by first class mail, registered, return receipt requested, addressed as follows= § CITY= LICENSEE: City of Denton Texas Waste Management, Inc. City Manager Attn= John Gustafson 215 East McKinney P.O. Box 719 De~ton, Texas 76201 Lewisvllle, Texas 75067 ATTEST. CITY OF DENTON ATTEST: LICENSEE: 6 Nex t DoCument 2918L RESOLUTION NO. A~)-~)~9 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMIS- SION 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 statewide level, and WHEREAS, the City of Denton is eligible to receive such funds and desires to promote the public safety and well-being of its citizens through increasing the effectiveness of the Denton Police Department in its law enforcement relating to 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 Division requesting funding for a Special Law Enforcement Unit Police Officer to in- vestigate child abuse to augment the City's Criminal Investigation 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 Special Law Enforcement Unit Child Abuse Investigator/Police Officer to augment the City's Criminal Inves- tigation Program. SECTION II. 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 Criminal Justice Division in regard to such grant application. SECTION III. That a copy of this resolution shall be for- warded to the Texas Criminal Justice Division and the North Texas Central Council of Governments. SECTION IV. That this resolution shall become effective immediately upon passage and approval. PASSED AND APPROVED this the /~PLday of ~~ , 1990 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 2916L SO UTION NO. A RESOLUTION BY THE COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING CONTINUED FUNDING FOR A DRUG ABUSE RESISTANCE EDUCATION OFFICER AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is necessary for the Council of the City of Denton to authorize the submission of an application to the Texas Criminal Justice Division requesting continued funding for a Drug Abuse Resistance Education Officer to augment the City's Crime Prevention Unit, and 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 statewide level, and WHEREAS, The City of Denton is eligible to continue receiving 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 relating to Drug Abuse, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Council of the City of Denton, Texas, certifies that the City is eligible to receive a funding allocation from the Texas Criminal Justice Division for a Drug Abuse Resistance Education Officer to augment the City's Crime Prevention Program and hereby authorizes the staff to submit an application for the continuation of such funds. SECTION II. That the City Council hereby authorizes and direct's the City Manager, or his designee, to represent and act on behalf of the City of Denton in working with the Criminal Justice Division in regard to such grant application. SECTION III. That the Police Chief is hereby directed to forward a copy of this Resolution to the Texas Criminal Justice Division and the North Texas Central Council of Governments. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. 2917L RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMIS- SION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A SPECIAL LAW ENFORCEMENT UNIT TO INVESTI- GATE AND COMBAT THE DISTRIBUTION OF CONTROLLED SUBSTANCES, 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 statewide level, and WHEREAS, the City of Denton is eligible to receive such funds and desires to promote the public safety and well-being of its citizens through increasing the effectiveness of the Denton Police Department in its law enforcement relating to drug 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 Division requesting funding for a Special Law Enforcement Unit Police Officer to in- vestigate drug abuse to augment the City's Criminal Investigation 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 Special Law Enforcement Unit Drug Abuse Investigator/Police Officer to augment the City's Criminal Inves- tigation Program. SECTION II. 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 Criminal Justice Division in regard to such grant application. SECTION III. That the Police Chief is hereby directed to forward a copy of this resolution to the Texas Criminal Justice Division and the North Texas Central Council of Governments. SECTION IV. That this resolution shall become effective immediately upon passage and approval PASSED AND APPROVED thi. the ~day of ~~L~ , 1990. ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY WHEREAS, the City of Denton is saddpned to learn of the im- pending retirement of Dale Elrod after 20 years of loyal and dedicated service to his community, and WHEREAS, during his tenure as a foreman in Electric Production for the City of Denton, Dale Elrod has demons=rs=ed a consistently helpful, considerate, cooperative, and understanding demeanor towards the citizens of our community, which epitomizes the Cityts "Dedication Quality Service", and WHEREAS, Dale Elrod has steadfastly devoted himself to main- raining the highest ethical and professional dards, as reflected not only in his own work, but in the work of those colleagues who were influenced by the outstanding example he set for them on a daily basis, and WHEREAS, Dale Elrod has consistently demonstrated the kind of dynamic leadership and unselfish service to his com- munity which has helped firmly establish the City of Denton as the upper vertex of the "Golden Triangle", and WHEREAS, those of us who were influenced by his leadership, will continue to miss him Sreatly, and will endeavor to live by his fine example, NOW~ THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: That the sincere and warm appreciation of the City Council be formally conveyed to Dale Elrod in a permanent manner by spreading this Resolution upon =he official minutes of the City Council and forwarding to him a true copy hereof. PASSED AND APPROVED this~'~'day of March, 1990. ATTEST: JENNIFER WPJuTERS, CITY SECRETLY Next Doeument 2905L RESOLUTION NO. ~ A RESOLUTION DESIGNATING THE WEEK OF APRIL 7 THROUGH 14, 1990 AS NATIONAL COMMUNITY DEVELOPMENT WEEK, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the week of April 7 through 14, 1990 has been designated as "National Community Development Week" and the City of Denton is a participant in the Community Development Block Grant (CDBG) pro- gram which funds various social service agencies, public improve- ment projects and housing programs in the community, and WHEREAS, in Denton and in communities throughout the nation, six- teen years of Community Development Block Grant program funding has developed a strong working network of relationships between the City, residents of Community Development target neighborhoods and the nonprofit agencies which provide services and help make possible our commitment to those neighborhoods, and WHEREAS, the City recognizes that the Community Development Block Grant program is a partnership of Federal, local government, and community efforts, and that the services funded by the Federal CDBG program, administered and delivered by the local governments, rely heavily on the dedication and goodwill of our combined efforts, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That during "National Community Development Week '90", the Council urges the citizens of Denton to give special thanks and recognition to all participants whose hard work and devotion to the neighborhoods and their low and moderate income residents help insure the quality and effectiveness of the Community Development Block Grant program. SECTION II. That the City Council hereby petitions the U.S. Congress and Administration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant program, its vital importance to the community and to the people who live in its lower income neighborhoods. SECTION III. That the City Secretary forward copies of this resolution to the appropriate elected and appointed officials in the Federal government and that the City of Denton's name be added to the roll of those committed to the preservation and full funding of the Community Development Block Grant and maintenance of its essential features over the course of the next Congress. SECTION IV. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ~~/ , 1990. / KAY STEP~NS, M~YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DKAYOVITCH, CITY ATTORNEY PAGE 2 2895L A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER TO PROVIDE FOR MUTUAL EMERGENCY ASSISTANCE IN THE FORM OF PERSONNEL, EQUIPMENT, AND MATERIALS, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the City of Sanger to provide for emergency assistance in the form of personnel, equip- ment, and materials, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the~_~_ day of __~-/ , 1990. ATTEST. JENNIFER WALTERS, CITY SECRETARY APPR~ED AS TO LEGAL FORM: DEBRA ADA_MI DRAYOVITCH, CITY ATTORNEY ! 2769L THE STATE OF TEXAS § CITIES OF DENTON AND SANGER COUNTY OF DENTON § MUTUAL AID AGREEMENT This Agreement, made effective this /~ day of 19 ~, by and between the City of Denton, a municip~l corpoYa- tion, and the City of Sanger, Texas, a municipal corporation ARTICLE I. PURPOSE This Mutual Aid Agreement is established to provide a method whereby the Electric Utilities of the City of Denton and the City of Sanger, which have sustained physical damage from natural disasters, can obtain emergency assistance in the form of personnel, equipment, and materials from each other. ARTICLE II. DEFINITIONS A. DAMAGED UTILITY: The utility which sustains physical damage to its electrical system due to a natural disaster and seeks assistance pursuant to this Agreement. B. ASSISTING UTILITY: The utility which agrees to provide assistance to a damaged utility pursuant to this Agreement. C. AUTHORIZED REPRESENTATIVE: An employee oi each utility authorized by his utility to request or offer assistance under the terms of this Agreement. D PERIOD OF ASSISTANCE' The period of time beginning with the departure of any personnel of the assisting utility from any point for the purpose of traveling to the damaged utility in order to provide assistance and ending upon the return of all personnel of the assisting utility to their place of work after providing the assistance requested. E. WORK OR WORK-RELATED PERIOD Any perzod of time in which either the personnel or equipment of the assisting utility are being used by the damaged utility to provide assistance shall include travel time to and from the 3ob. Specifzcally included within such period of time are rest breaks when the personnel of the assisting utility will return to active work within a reasonable time. Specifically excluded within such period of time are breakfast, lunch~ and dinner. ARTICLE III. PROCEDURE In the event that either a City of Denton or City of Sanger utility becomes a damaged utility and, in its opinion, requires assistance from the other utility, the following procedures shall be followed: A The damaged utility shall contact the authorized represen- tative of the assisting utility and provide him with the follow- ing information' 1. a general description of the damage sustained, 2. the part of the electrical system for which assistance is needed, e.g. generation, transmission, substation, distribution, overhead or underground, 3. the amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed, and 4. a specific time and place for a representative of the damaged utility to meet the personnel and equipment of the assisting utility B. When contacted by a damaged utility, the authorized rep- resentative of the assisting utility shall assess his utility's situation to determine whether it is capable of providing assis- tance. No participating utility shall be under any obligation to provide assistance to a damaged utility. If the authorized representative determines that his utility is capable of and willing to provide assistance, he shall so notify the authorized representative of the damaged utility and provide him with the following information 1. a complete description of the personnel, equipment and materials to be furnished to the damaged utility, 2. the length of time the personnel, equipment and materials will be available, 3. the work experience and ability of the personnel and the capability of the equipment to be furnished, 4. the name of the person or persons to be designated as supervisory personnel, and 5. the estimated time when the assistance provided will arrive at the location designated by the authorized representative of the damaged utility. C. Pursuant to Vernon's Ann. Civ. St. Art. 4413 (32c) Sec. 5A (2) as amended, the assisting utility shall secure appropriate authority by its governing body before emergency assistance may be rendered. D The personnel and equipment of the assisting utility shall remain, at all times, under the direct supervision and control of PAGE 2 the designated supervisory personnel of the assisting utility. Representatives of the damaged utility shall suggest work assignments and schedules for the personnel of the assisting utility. However, the designated supervisory personnel of the assisting utility shall have the exclusive responsibility and authority for assigning work and establishing work schedules for the personnel of the assisting utility. The designated supervisory personnel shall maintain daily personnel time records and a log of equipment hours, be responsible for the operation and maintenance of the equipment furnished by the assisting utility, and report work progress to the damaged utility. E. The damaged utility shall have the responsibility of providing food and housing for the personnel of the assisting utility from the time of their arrival at the designated located to the time of their departure. The food and shelter provided shall be subject to the approval of the supervisory personnel of the assisting utility. F. The damaged utility shall have the responsibility of providing communications between the personnel of the assisting utility and the damaged utility. ARTICLE IV. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided under this Agreement shall be agreed to prior to the providing of such assistance and shall be in accordance with the following provisions A. During the period of assistance, the assisting utility shall continue to pay its employees according to its then prevailing rules and regulations. The damaged utility shall reimburse the assisting utility for all direct and indirect costs and expenses incurred during the period of assistance, including, but not limited to, employee pensions and benefits. B. The assisting utility shall be reimbursed for the use of its equipment during the period of assistance according to either a pre-established hourly rate or according to the actual opera- tion and maintenance expenses incurred. C. The assisting utility shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, unless such damage is caused by negligence of the assisting utiltty's personnel. The measure of reimburse- ment shall be the replacement cost of the materials and supplies used or damaged. In the alternative, the parties may agree that the damaged utility will replace, with a like kind and quality as determined by the assisting utility, the materials an~ supplies used or damaged. PAGE 3 D. The assisting utility shall bill the damaged utility for all reimbursable expenses and the damaged utility shall pay the bill in full not later than 30 days following the billing date Unpaid bills shall become delinquent upon the 60th day following the billing date and once delinquent shall accrue interest at the rate of twelve (12) percent per annum or the prevailing prime rate, whichever is less. ARTICLE V. LIABILITY A. Except as prohibited by law, the damaged utility assumes sole and exclusive responsibility and liability during the period of assistance for any and all claims arising from loss, damage or injury to the personnel or property of the assisting utility, the personnel or property of the damaged utility, and to third persons or their property. To the extent authorized by the constitution and laws of the State of Texas, the damaged utility agrees to indemnify and hold harmless the assisting utility from any claims against it arising from such loss, damage or injury including, but not limited to, Workers Compensation claims, Group Insurance claims and Pension Plan Benefits. B. The above paragraph is subject to the following exceptions. 1. If any loss, damage or injury to the personnel or property of the assisting utility would have occurred even if assistance had not been provided to the damaged utility under this Agreement, the assisting utility shall be solely and exclusively liable for any claims arising from such loss, damage or injury. 2. If any loss, damage or injury to the personnel or property of the assisting utility is not caused, to any extent, by the natural disaster (or its effects) which necessitated assistance being requested by the damaged utility and such loss, damage or injury does not occur during a work or work-related period, the asszsting utility shall be solely and exclusively liable for any claims arising from such loss, damage or injury. C. In the case where a claim has been made against the assisting utility, and the assisting utility believes that the claim originated during the period of assistance, the assisting utility may promptly notify the damaged utility of the claim. The damaged utility shall have the right to settlements in which the damaged oversee and approve of all utility will indemnify the assisting utility. If the the damaged utility so chooses, it may provide for the defense PAGE 4 of any claim made against the assisting utility for which it is required to indemnify the assisting utility. EXECUTED this the ~day of ~~__, 19~ ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF SANGER NEL ARMSTRONG, MAYOR ATTEST CiT~C%OS~ C~RETARY,~~FCiTYO SANGER PAGE 5 Edmond Dawson W~EREAS, the City of Denton is saddened to learn of the retirement of Edmond Dawson after 20 years of loyal and dedicated service to his community, and WHEREAS, during his tenure as a foreman in Electric Distribu- tion ~or the City of Denton, Edmond Dawson has demon- strated a consistently helpful, considerate, coopera- tive, and understandin$ demeanor towards the citizens of our community, which epitomizes the City's "Dedi- cation tO Quality Service", and Edmond Dawson has steadfastly devoted himself to WHEREAS, maintainin8 the hishest ethical and professional standards, as reflected not only in his own work, but in the work of those colleasues who were influenced by the outstanding example he set for them on a daily basis, and WHEREAS, Edmond Dawson has consistently demonstrated the kind of dynamic leadership and unselfish service to his community which has helped firmly establish the City of Denton as the upper vertex of the "Golden Triangle", and WHEREAS, those of us who were influenced by his leadership, will continue to miss him greatly, and will endeavor to live by his fine example, NOW~ THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON' That the sincere and warm appreciation of the City Council be formally conveyed to Edmond Dawson in a permanent manner by spreading this Resolution upon the official minutes of the City Council and forwardins to him ~ ~rue copy hereof PASSED AND APPROVED this /~day"~ of~' , 19~ ATTEST: JENNIFER WALTERS~ CITY SECRETARY 2929L R SOL , ION NO. A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY 4, 1990, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Friday, May 4, 1990, Calhoun Jr. High PTA is spon- soring the 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 fund- raising event and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is neces- sary 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 Friday, May 4, 1990, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the portion of 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 Friday, May 4, 1990 from 3:00 p.m. until 7 00 p.m. for the purpose of holding the Day of the Cougar fundraising event SECTION II. That the City Manager shall direct the appropriate 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 on May 4, 1990. SECTION III. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the /~day of ~ , 1990. ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY BY' ~ --- -- PAGE 2 ~EREAS, Sectlon 6.03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant City Judges to handle the Judicial functlons of the Municipal Court in the absence of the C~ty Judge; and W~EREAS, the City Council deems ~t necessary to appoint two Assistant City Judges to handle the Judicial functions of the Munlclpal Court; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON. SECTION I. That Robin A Ramsay and Don R Wlndle are hereby appointed Assistant City Judges of the Municipal Court of the City of Denton, Texas pursuant to Section 6.03 of the Charter of the City of Denton, Texas. S~CTION II. That the Asslstant City Judges shall continue to receive the sum of Twenty-Five and No/100 Dollars ($25 00) per hour for their se~lces. S~CTION III. This Resolution shall become effective l~edlately upon ~ts passage and approval PASSED ~D APPROVED this the /~day of ~1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 49020 ~ 2941L NOTE Replaced by Resolution No R2000-028 R so .u ION No. £¢o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ADOPTING A POLICY FOR TAX ABATEMENT FOR THE CITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Caty Council desires to promote economic develop- ment wlthan Denton; and WHEREAS, providing tax abatement and other economic development ancent~ves wath~n the City and its extraterritorial jurisdiction w~ll l~kely contribute to the economic development of Denton by encouraging ma]or ~nvestment and the creation of lobs; and, WHEREAS, the Property Redevelopment and Tax Abatement act, Chapter 312 of the Texas Tax Code, allows a City to establash ars own crateraa for tax abatement; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the policies, guidelines and criteria found an the "Denton Policy for Tax Abatement" a copy of which as attached hereto and ancorporated here~n for all purposes as though recited verbatim, ~s in all th~ngs approved and adopted. SECTION II. That the C~ty of Denton elects to become eligible to participate an tax abatement. SECTION III. That pursuant to §312.002(c) of the Texas Tax code, the guidelines and crlter~a adopted here~n shall be effective for two years, during which per~od the guadellnes may be amended or repealed by a vote of three fourths of the members of the Council. SECTION IV. That th~s Resolution shall become effective im- mediately upon ~ts passage and approval. PASSED AND APPROVED thas the ~ day of __~___, 1990. ATTEST: JENNIFER WALTERSt CITY SECRETARY DEBRA A. DRAYOVlTCHt CITY ATTORNEY DENTON POLICY FOR TAX ABATEMENT ! {}ENERAL PURPOSE AND OB3ECTIVES The City of Denton (City), the Denton Independent School District (OISO) and Denton County are committed to the promotion of hlgh quality development in all parts of the city and to an ongoing improvement tn the quality of life for 1ts cttlzens Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Oenton, OISO, and Denton County will, on a case-by-case basis, give consideration to providing tax abatement as a stimulation for economic development in Oenton It ts the policy of the City and DISO that said consideration will be provided in accordance with the procedures and criteria outltned in this document Nothlng herein shall imply or suggest that the City, DISD or Denton County are under any obligation to provide tax abatement to any applicant All appllcants shall be considered on a case-by-case basis Tax inducements, as described in thts policy, w111 be considered for new, expanding and modernlztng basic Industries, corporate office headquarters and distribution centers -2 - ZI. CRITERZA .Any request for a tax abatement shall be reviewed by the ~oint Committee on Tax Abatement, said Committee being comprised of two elected officials from each of the taxing entities involved One ' additional staff person from each Jurisdiction shall be appointed to serve as a nonvoting, ex officio member of the committee The Joint Committee on Tax Abatement serves as a recommending body to the taxing entities regarding whether economic development incentives should be offered in each individual case Their recommendation shall be based upon an evaluation of the following criteria which each applicant will be requested to address in narrative format 1 History and Philosophy of the firm a) Nature of products and geographic penetration b) Financial statements for past five years or life of firm whichever is shorter c) Chronology of plant openings, closings, & relocations over past 15 years. d) Record of mergers and financial restructuring during last five years e) Record of employment and training provided for handicapped and chronically unemployed. 4790M (Rev 04/26/90) -3- 2. Project Specifications. a) Provide plat of project Including all roadways, land use and zoning within 500 feet of site Legal description of site is requtred b) Is the project a relocation or new facility to expand operations. If relocation, give current locatlon c) Project investment in real and personal property at the above site for each of the next ten years d) Project permanent employment for next ten years resulting from the new investment Indicate number of Jobs that will be filled by people from outside the metroplex Include estimated average annual salary on new Jobs e) What is the total current payroll and the projected payroll when project is completed. f) Oescrlbe employment training requirements including provisions for training handicapped and chronically unemployed if applicable g) Project utility (gas, electricity, water, etc ) usage for each of next ten years h) Estimate the infrastructure (streets, sewer, water, etc ) requirements necessary to operate the new facility i) Estimate the annual operating budget for next ten years J) Will the occupants of the project be owner or lessees? If lessees, are occupancy commitments already existing? k) Sire the name, address, and telephone number of contact person 3 The community impact of the project' a) Project the value of real and personal property that will be added to the tax rolls b) Using current rates estimate the additional taxes that will be directly generated by the project without considering any proposed abatement for each of the affected taxing entities for each of the next ten years c) For each taxing entity indicate the amount of tax abatement requested for each of next ten years d) Estimate the increase in investment in other local businesses resulting from the project for the next ten years 4790M (Rev. 04/26/90) 4 e) Estimate the increased housing needs in the area resulting from the project for ten years f) Estimate the increase in the tax rolls for each taxing entity for the next ten years g) Estimate the infrastructure construction that would be required because of the growth resulting indirectly from the project h) Provide the specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting entity i) Estimate the increase in students by grade level resulting from the project including the multiplier effect (indirect growth) for the next ten years Show the increase for each impacted school district J) Provide description of any historically significant area included within the project's area If any, give detail of how the historically significant area will be preserved k) Provide Infornetion of any detrimental effect on existing businesses, recreational areas, and residential area l) Provide details of any benefit to an area of the community targeted for revitalization/redevelopment 4790H (Rev. 04/26/90) 5 III. VALUE OF INCENTIVES .The criteria outlined in Section II wtll be used by the 3oint Committee on Tax Abatement in determining whether or not it is in the best interests of the affected taxing entities to recommend that tax ' abatement be offered to a particular facility Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community, as well as the relative impact of the project. New, expanding and modernizing businesses will be eligible for abatement if the minimum threshold, as described below, is met. Once a determination has been made that a tax abatement should be offered, the value and term of the abatement will be determined by referencing the following table' TABLE 1: Establishes maximum length of abatement according to assessed real property value of improvements and personal property VALUE OF STRUCTURE MAXIMUM MAXIMUM AND PERSONAL PROPERTY YEARS OF PERCENT OF IN MILLIONS ABATENENT ABATENENT 100 lO 25% 80 g 25% 65 8 25% 50 7 25% 35 6 25% 20 5 25% 15 4 25% 10 3 25% 5 2 25% 4790N (Rev. 04/26/90) 6 If an exlstlng business is located within the boundaries of the participating jurisdictions and decides to expand or relocate within such boundaries, the actual value of the structure shall be multiplied by 125% prior to utllizlng Table 1. If the expanding or relocating business is abandoning any property or Improvements wlthln the jurlsdlctlons, the value of thls abandoned property shall be subtracted from the new value flgure prtor to multiplying the value by 125% The tax abatement shall not apply to any portion of the land value of the project. Applicants agreeing to extend infrastructure improvements (streets and utilities) to improve other industrial sites which can be marketed by the Chamber of Commerce Economic Oevelopment Director may be eligible for a greater tax benefit than those described above by utilizing tax increment financing procedures The offering of such an inducement will be evaluated on a case-by-case basis dependent upon the applicant's ability to make available improved industrial sites Preliminary ADoltcation IV. PROCEDURAL 6UIDELINES Any person, organization or corporation desiring that the City or 01SD consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines 4790M (Rev 04/26/90) -7 - Nothing within these guidelines shall imply or suggest that either the City. or OISO, is under any obligation to provide tax abatement to any applicant A Applicant shall complete the attached "Application for Tax Abatement" B Applicant shall address all criteria outlined in Section 1! above ~n narrative form Applicant shall prepare a map showing the precise location of the property and all roadways within 500 feet of the site D If the property is described by metes and bounds, a complete legal description shall be provided. E Applicant shall complete all forms and information detailed in items A through 0 above and submit them to the City Manager, City of Denton, 215 E McKtnney, Denton, TX 76201 ADoltcatlon Revlev Steps F All information in the application package detailed above will be reviewed for completeness and accuracy Additional information may be requested as needed 4790M (Rev 04/26/90) -8- 6 The application will be distributed to the appropriate City and OISO departments for internal review and comments Additional information · may be requested as needed H Coptes of the complete application package and staff comments will be provided to the Joint Committee on Tax Abatement Consideration of the Application I. The Joint Committee on Tax Abatement will consider the application a~ a regular or called meeting(s) Additional information may be requested as needed The recommendation of the Joint Committee on Tax Abatement will be forwarded, with all relevant materials, to the chief administrative office of each taxing entity K The City Council of Oenton may consider a resolution calling a public hearing to consider establishment of a tax reinvestment zone L The City Council of Denton may hold the public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included in the zone and municipality" Special consideration shall be given to policies noted in the Oenton Oevelopment Plan when designating a tax reinvestment zone 4790M (Rev 04/26/90) -9- The City Council of Denton may consider adoption of an ordinance designating the area described in the legal description of the · proposed project as a commercial/Industrial tax abatement zone The City Councll may conslder adoptlon of a resolutlon approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant Should the commitments subsequently not be satisfied, the tax abatement shall be null and void, and a11 abated taxes shall be paid immediately to the City of Oenton and all other taxing Jurisdictions participating in the tax abatement agreement Provisions to this effect shall be incorporated into the agreement O. The governing bodies of the various taxing entities may consider ratification of and participation in the tax abatement agreement between the City of Denton and the applicant Any tax abatement agreement will address various issues, including, but not limited to, the following' 1. &eneral description of the project, 2. Amount of the tax abatement and percent of value to be abated each year, 4790H (Rev 04/26/90) -10 - 3 Method of calculating the value of the abatement, 4 .Ouration of the abatement, including commencement date and termination date; 5 Legal description of the property, Kind, number, location and timetable of planned improvements, 7 Specific terms and conditions to be met by applicant, 8 The proposed use of the facility and nature of construction; 9 Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment Annual Evaluation Upon completion of construction, the 3oint Committee on Tax Abatement shall annually evaluate each facility receiving abatement to insure compliance with the agreement and report possible violations of the agreement to the taxing entities 4790H (Rev. 04/26/90) -ll - Transfer or Asstgnmnt A contra£t for tax abatement may be transferred or assigned by the original applicant to a new owner upon the approval of the various taxing jurisdictions after such a recommendation is made by the Joint Committee on Tax Abatement 47goM (Rev 04/26/90) ApPEHDZX A DEFZ#ZTZO#S A "Abatement" means the full or parttal exemption for ad valorem taxes of eltglble properties In a relnvestment zone designated as such for economic development purposes. B "Agreement" means a contractual agreement between a property owner and a taxing Jurisdiction for the purpose of tax abatement C. "Basic lndustrles" are deflned in the Denton Development Plan as those whlch produce goods or services at least 51% of which are directed to serve people outside of the City of Denton and are listed in the Standard Industrial Classification (SIC) of the Department of Commerce, except for groups 52-59 under retail trade. O "Expansion" means the addition of buildings, structures, fixed machinery, or equipment for the purpose of increasing production capacity E. "Facility" means property improvements completed or in the process of construction which together comprise an integral whole 4790M (Rev 04/26/90) -2- F "Joint Co~elttee on Tax Abatement" Is a group of representatives from Oent~n County, the City of Oenton, and the Oenton Independent School 01strlct formed to study and evaluate any proposal regarding the offering of tax abatements within the community The Committee will consist of two elected representatives from each governmental entity and one staff member from each entity The staff members shall serve as nonvoting, ex officio members. G "Modernization" means the replacement and upgrading of existing facilities which increases the productive input or output, updates the technology, or substantially lowers the unit cost of operation, and extends the economic life of the facility Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery, or equipment It shall not be for the purpose of reconditioning, refurbishing, repairing, or completion of deferred maintenance. H 'New facility' means a property previously undeveloped which is placed into service by means other than expansion or modernization I. "Relnvestment Zone' is an area designated as such for the purpose of tax abatement as authorized by Subchapter B, Municipal Tax Abatement, Title 3, Local Taxation, Vernon's Texas Codes Annotated 4790M (Rev 04/26/90) 3 "Tax increment flnanclng" is the use of some or a]l of increased property tax-revenue resulting from the redeve]opment of an area to finance development-related costs in that district Tax increment financing divides tax revenue from the area into two categories Taxes on the predevelopment value of the tax base (the tax increment base) are kept by each taxing body, while some or all of the taxes from the increased value of property resulting from redevelopment (the tax increment) are deposited by each jurisdiction in a tax increment fund Money in the tax increment fund is used to repay TIF-backed bonds that are issued to finance public Improvements in the redevelopment area 4790M (Rev. 04/26/90) APPLICATION FOR TAX ABATEMENT 1. PROPERTY OWNER MAILING ADDRESS TELEPHONE NUMBER 4 2. PROPERTY OWNER'S REPRESENTATIVE MAILING ADDRESS TELEPHONE NUMBER 5. PROPERTY ADDRESS PROPERTY LEGAL DESCRIPTION (PROVIDE ATTACHMENTS IF BY METES AND BOUNDS) q. LOCATED WITHIN: CITY OF DENTON D.I.S.D DENTON COUNTY S. DESCRIPTION OF PROJECT: 6. DATE PROJECTED FOR OCCUPANCY OF PROJECT/INITIATION OF OPERATIONS: 7. NARRATIVE RESPONSE TO CRITERIA QUESTIONS IN SECT[ON II ATTACHED. YES NO __ COMMENTS: q796M A RESOLUTION APPROVING THE FUNDING OF PLAN WATER AND SEWER LINES TO SERVE PROPERTY TO BE DEVELOPED BY FOOD LION, INC., IN ACCORDANCE WITH THE APPROVED GUIDELINES FOR FUNDING AND SELECTING DEVELOPMENT PLAN WATER AND SEWER LINES; PROVIDING FOR THE WAIVER OF PRO RATA CHARGES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Food Lion, Inc. is proposing to construct a distribution facility 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 the Food Lion site and the waiver of pro rata charges for connections made to those lines be granted; and WHEREAS, the City Council has determined that the request by Food Lion 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 S~¢TION I, That the request of Food Lion, Inc. for City funding of water and sewer lines to serve its property to be developed as a distribution facility, is approved to the following extent: (A) To serve Food Lion's proposed site, the City of Denton will extend, at its cost, a sixteen inch (16") water line approximately two thousand three hundred feet (2300'). (B) To serve Food Lion's proposed site, the City of Denton will extend, at 1ts cost, a ten inch (10") sewer line extending approximately twenty-three hundred feet (2300') (C) The utility lines shall only be funded and constructed by the City if Food Lion develops the property for a food distribution facility. SECTION II. That, as permitted by the Denton Development Code, Food Lion, Inc. shall be entitled to a waiver of the payment of water and sewer pro rata charges for connecting to the lines authorized to be constructed, if, at the time of the requested connection, the lot to be served ~s belng or has been developed by Food Lion for the particular use for which industrial development infrastructure assistance has been approved. SECTION III. That the cost of funding the approved water and sewer lines shall be paid from the funds currently budgeted for · ndustrial development purposes. PASSED AND APPROVED this the /~-- day of ~, 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: .... ) 49054.2 PAGE 2 2946L RESOLUTION NO. A RESOLUTION DESIGNATING THE CITY SECRETARY AS THE RECORDS MANAGE- MENT OFFICER FOR THE CITY OF DENTON, TEXAS. WHEREAS, Section 203.025 of the Local Government Code requires that the governing body of each local government shall designate a records management officer; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. The C~ty Council hereby designates the City Secretary as the Records Management Officer of the C~ty of Denton, Texas, and this designation is hereby ordered to be entered into the minutes of th~s meeting. SECTION II. The City Secretary is hereby directed to report this designation to the State Librarian within 30 days. PASSED AND APPROVED this the /~ day of May, 1990. BOB CASTLEBERRY, MAYOR ATTEST - JENNIFER WALTERS, CITY SECRETARY APP ED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2906L RESOLUTION NO. ~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton, here- by approves an agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the-Mayor is hereby au- thorized to execute sa~d agreement on behalf of the City. SECTION II. That this resolution shall become efkectlve mediately upon its passage and approv~al). PASSED AND APPROVED this the /~day'~ of ~, 1990. BOB CASTLEBERRY, MAY~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ORIGINAL THE STATE OF TEXAS )( COUNTY OF DENTON )( INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICE THIS AGREEMENT Is made and entered by and between Denton County, a pohtlcal subdivision of the State of Texas, hereinafter referred to as "COUNTY", and the Clt~' of Benton ,, a~home rule municipal corporation located in Denton County, Texas, hereinafter referred to as "CITY". WHEREAS, COUNTY is a duly organmed political subdivision of the State of Texas engaged m the admlmstratlon of County Government and related services for the benefit of the citizens of Denton County, and WHEREAS, CITY is a municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged m the provision of ambulance service and related services for the benefit of the c~tlzens of the City of Denton, and WHEREAS, CITY is an owner and operator of certain ambulance vehicles and other~ equipment designed for the transportation of persons who are s~ck, infirm, or ~n]ured, and has in its employ trained personnel whose duties are related to the use of such vehicles and eqmpment, and WHEREAS, COUNTY desires to obtain emergency medical services rendered by CITY,, as more fully hereinafter described for the benefit of the residents of Denton County, Texas, and WHEREAS, the provision of emergency medical services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties, and (~) WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of Tex. Rev. Civ. Stat. Art. 4413 (32c), the Interlocal Cooperation Act and other apphcable statutes and contract pursuant thereto, NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows I. The effective date of this agreement shall be the 1st day of October, 1989. The initial term of this agreement shall be for the period of October 1, 1989 to and through September 30, 1990. Thereafter, this agreement shall be renewed for successive additional one year terms commencing on October 1st of each year if the COUNTY and CITY agree in writing on or before the first day of September, to the amount of consldeeratlon to be paid hereunder for each successive term, provided, however, that each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days after such notice. III. As used herein, the words and phrases hereinafter set forth shall have the meanings as follows A. "Emergency" shall mean any circumstance that calls for immediate action and In which the element of time m transporting the sick, wounded or ,n]ured for medical treatment is essential to health or life of a person or persons. Whether the aforementioned circumstances in fact exist, is solely up to the discretion of the "CITY". For dispatch purposes only, "emergency" shall Include, but not limited to 1. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter administered, (2) 2, The representation by a person requesting ambulance servlee that an immediate need exists for such service for the purpose of transporting a person from any location to the closest medical facility, B, "Rural area" means any area within the boundaries of Denton County,Texas, and without the corporate limits of all incorporated cities, towns and villages within said C,OUNTY. C. "Urban area" means any area within the corporate hmlts of an incorporated city, town or village within said COUNTY. D. "Emergency ambulance eall" means a response to a request for ambulance service by the personnel of CITY in a situation involving an emergency (as such word is herelnabove defined) through the instrumentality of an ambulance vehicle. Within the meaning hereof, a single call might Involve the transportation of more than one person at a time. A. Serviees to be referred hereunder by CITY are ambu{anee serv,ees normally rendered by CITY, under circumstances of emergeney as heremabove defined, to eltlzens of COUNTY. , ,B. The City of Dentons Fire Department shall respond to requests for ambulance servlees made within designated rural areas of COUNTY. C. It is recognized that the officers and employees of CITY have duties and responsibilities which include the rendition of ambulance services, and it shall be the responsibility and within the sole dlserehon of the officers and employees of CITY to determine priorities in the dispatching and use of such equipment and personnel, and the judgment of any such ofheer or employee as to any such matter shall be In all things final. (3) The COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as the "Liaison Officer" between COUNTY and CITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated, and, shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full eomphanee with the terms and eondit~ons of this agreement, and, shall provide immediate and direct supervision of COUNTY'S employees, agent, eontraetors, sub-contractors, and or laborers, ~f any, in the furtherance of the purposes, terms and conditions of thru agreement for the mutual benefit of COUNTY and CITY. CITY shall insure the performance of all duties and obligations of CITY as herein stated, and, shall devote sufficient time and attention to the execution of said duties on behalf of CITY in full eomphanee with the terms and eond~tions of this agreement, and, shall provide immediate and direct superv~sion of the CITY employees, agents, contractors, sub-contractors, and/or laborers, ~f any, in the furtherance of the purposes, terms and ebnc~tlons of th~s agreement for the mutual benefit of CITY and COUNTY. VII. For the Services heremabove stated, COUNTY agrees to pay to CITY for the full performance of this agreement, the sum of TWO HUNDI/EO SIXTY SIX THOUSAND FOUR HUNDRED THIRTEEN AND NO/100 ($266,413.00) DOLLARS to be paid in equal quarterly payments of SIXTY SIX THOUSAND SIX tiUNDRED THREE AND 25/100 ($66,603.25) DOLLARS eommenelng on October 1, 1989 The remaining payments shall be made respectively on or before January 1, 1990, April 1, 1990 and July 1, 1990. (4) , e VIII. COUNTY agrees to and accepts full responsibility for the acts, neghgenee, and/or omissions of all COUNTY'S officers, employees, and agents. IX. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at e,ther party's discretion if such defautt continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured aforesaid, this agreement shall terminate and come to an end as if that were the day originally fixed herein for the expiration of the agreement X. This agreement may be terminated at any time, by either party giving sixty (60) days advance notice to the other party. In the event of such termination by either party, CITY shall be oompensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by thru agreement. In the event of such termination, should CITY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this agreement, then COUNTY shall be rmmbursed pro rata for all such overeompensatlon. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XI. The fact that COUNTY and CITY accept certain responsibilities relating to (5) the rendition of ambulance services under this agreement as a part of their responsibility for providing protection for the public hca{th makes It imperative that the performance of these vital servlees be recognized as a governmental function and that the doetrine of governmental immunity shall be, and it is hereby invoked to the extent possible under the {~aw. Neither CITY nor COUNTY waives or shall be deemed hereby to waive, any ~mmunlty or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XII. This agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotlatlor~s, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and COUNTY. XIII. This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIV. In the event that any[portion of this agreement shall be found to be contrary to law, it is the intent of th}e parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to exeeute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. (6) Executed in duplicate originals this, the /~' day of COUNTY OF DENTON ATTEST DE JTY~OUNTY CLERK "CITY" APPROVED AS TO FORM AND CONTENT Rob' Morris ATTORNEY FOR DENTON COUNTY STATE OF TEXAS X COUNTY OF DENTON ~ fj.J~/_.t/-~'~/2-.~ )( BEFORE ME,/~he_ ttnde~rslgned authority, on th~s day personally appeared the Honorable ~, Oe~unty Judge, known to me to be the person whose name ~s su~er~bed to the foregoing instrument and acknowledged to me that he executed the foregoing Interloeal Cooperation Agreement for the purposes and consideration there~n expressed, m the eapamty stated, and ~ the act and deed of sa~d County. GIVEN under my hand and seal of office this the ~ day of ~,~ ,~ Notary' Publl~ and for the State of Texas. (Notary'%~nt ed Name) SEAL THE STATE OF TEXAS X COUNTY OF DENTON )( nEFORE ME, the undersigned authority, on this day personally appeared, known to me to be the person whose name ~s subscribed to the t and acknowledged to me that he executed the foregoing Interlocal ent for the purposes and conslderat~lon there,n_expre~sed, and in the capacity stated, and as the act and deed of said t~ ._~L/~,.~_ ~ . GIVEN under my hand and seal of off,ce th,s the ~ of ~,~ ~~~ No~ Pfibli~-m ~d' for the State of Tex~ (Notaw~s P~fited Nhme) ' SEAL 2929L RESOLUTION NO. ~ A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY 18, 1990; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Friday, May 18, 1990, Calhoun Jr. High PTA ~s sponsoring the annual Day of the Cougar fundralslng event, to be held on Congress Street between the zntersectlon of Alice Street and Denton Street; and WHEREAS, all property bordering Congress Street between the intersection of Alice Street and Denton Street ~s the property of Calhoun Jr. High; and WHEREAS, the Day of the Cougar fundrazs~ng event ~s open to the general public of the City and County of Denton; and WHEREAS, ~n order to provide adequate space for the sa~d fund- raising event and in order to protect the safety of citizens who attend, the City Counczl of the Clty of Denton deems it zs neces- sary to temporarzly close a portzon of Congress Street between Alice Street and Denton Street from the hours of 3 00 p.m. until 7.00 p.m. on Friday, May 18, 1990; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION I. That the port~on of Congress Street between Alice Street and Denton Street shall be temporarily closed as a street or publlc thoroughfare of any kind or character whatever on Friday, May 18, 1990 from 3:00 p.m. until 7.00 p.m. for the purpose of holding the Day of the Cougar fundra~slng event. SECTION II. That the C~ty Manager shall d~rect the appropriate C~ty Department to erect barricades at Congress Street, from its ~ntersectlon with Allce Street to zts lntersectlon with Denton Street, at 3.00 p.m. and to have the same removed at 7-00 p.m. on on May 18, 1990. SECTION III. That this resolution shall become effective mediately upon ~ts passage and approv~al~ PASSED AND APPROVED thls the/~'~day~ of ~~_~, 1990. ATTEST. JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 ~IHHZE NCADAMS WHEREAS, tonight, the City Council of the City of Denton loses one of its most valued members, Llnnie McAdams, who has served as a Councilmember of the City since 1984 through 1990 and as Mayor Pro Tem from 1988 to 1989, and WHEREAS, Linnie McAdams' service to the community is evidenced by her participation as a member of the Advisory Board for SPAN, and as a Director of the Board of AIDS Denton, as a member of the League of Women Voters and of the United Way Allocations Sub-committee, as a member of the Channel 13 Community Advisory Board, the Texas Organization of Black City Council Members, the National Association for the Advancement of Colored People, and as a representative for the City of Denton on a number of Texas Municipal League and National League of Cities Committees, and WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding services of Linnle McAdams and seeks her continued support, which we know will be forthcoming, and WHEREAS, Linnie McAdams has consistently demonstrated the klnd of dynamic leadership and unselfish service to her community which has helped firmly establish the C~ty of Denton as the upper vertex of the "Golden Triangle", NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON That the sincere and warm appreciation of Linn~e McAdams, felt by the citizens and staff of the City of Denton, be formally conveyed to her in a permanent manner by spreading thls Resolution upon the official minutes of the City of Denton, and forwarding to her a true copy thereof, and BE IT FURTHER RESOLVED: That the City of Denton does hereby officially and sincerely extend its best wishes to the Honorable Linnle McAdams for a long and successful career as a member of our community. PASSED AND APPROVED this the day of May, 1990 · ~ MEMBER BOB CASTLiBERRY, MAYOR ~ LMEMBER ATTEST. APPROVED AS TO LEGAL FORM JENNIFER WALTERS,CITY SECRETARY DEBRA DRAYOVITCH, CITY ATTORNEY "RAY STEPHENS# WHEREAS, the City Council of the City of Denton wishes to recognize one of its most valued members, Ray Stephens, who served as a Councilmember of the C~ty from 1975 to 1977 and 1979 to 1986, as Mayor Pro Tempore from 1979 to 1980 and 1981 to 1983, and as Mayor from 1986 to 1990; and WHEREAS, Ray Stephens' service to the community is evidenced by h~s participation over the years as a member of the Denton Public Library Board of Trustees, the Texas L~brary Association, the American Legion Post No. 71, the Denton Committee for the Texas 1986 Sesquicentennial Commission, and the Denton Chamber of Commerce, and WHEREAS, During his tenure as Mayor, Ray Stephens established the Denton County Mayors and C~ty Managers Association to dis- seminate ~nformatton regarding county-w~de ~ssues and foster cooperation between governmental entitles He was elected president of the Association ~n January of 1989. Ray tiated semi-annual joint meetings between the Denton Inde- pendent School District and the City Councll which enhanced communications and cooperation between these two entities, and WHEREAS, Ray Stephens served as President of Region 8 of the Texas Municipal League from 1989 to 1990, and as a member of the Board of Directors of Region 8 from 1987 to 1990, and WHEREAS, the C~ty of Denton has been extremely fortunate in having en- 3oyed the dedicated and outstanding services of Ray Stephens and seeks his continued support, which we know wlll be forth- coming, and WHEREAS, Ray Stephens has consistently demonstrated the klnd of dynamic leadership and unselfish servlce to Denton whlch has helped keep the City of Denton "runnlng smoothly", NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON That the sincere and warm appreciation of Ray Stephens, felt by the citizens and staff of the City of Denton, be formally conveyed to · n a permanent manner by spreading th~s Resolution upon the official m~nutes of the City of Denton, and forwardang to h~m a true copy there- of, and BE IT FURTHER RESOLVED That the City of Denton does hereby off~cially and s~ncerely extend ~ts best w~shes to the Honorable Ray Stephens for a long and successful career as a member of our communlty. HUGH- AY~R* CO~CILMEMBER J MBER JU TRENT, COUNCILMEMBER ATTEST APPROVED AS TO LEGAL FORM JENNI~R WAL~ERS,CITY SECRETARY DEBRA DRAYOVITCH, CITY ATTORNEY ~318L 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 with the development of viable urban communities, lncludlng decent hous- ing, a suitable llvlng environment and expanded economic oppor- tunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate ~ncome; and WHEREAS, the City of Denton, Texas, as an entitlement City, has prepared, through a cltlzen participation process, a program for utilizing ~ts seventh year entitlement funds ~n the approx~- mate amount of $553,134; and WHEREAS, the public hearing wlll have been held ~n accordance with the law; and WHEREAS, the Act requires an application and approprzate certification; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the Clty Council of the Clty of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Houszng and Urban Development a grant application and appropriate assurances for entltlement funds under the Hous- ing and Community Development Act of 1974, as amended. SECTION II. That the C~ty Council of the Czty of Denton, Texas, authorizes the Executive Director of Planning and Devel- opment to handle all f~scal and admznlstratzve matters related to the application, the Housing Assistance Plan and the assur- ances. SECTION III. That the C~ty Secretary ~s hereby authorized to furnlsh copies of this resolutlon to all ~nterested parties. SECTION IV. That this resolution shall take effect immedi- ately from and after its passage. PASSED AND APPROVED this the ~.~w day o~ ~,_o , 1990. BOB CASTLEBERRYt MAYOR/ ~ / ATTEST JENNIFER WALTERS, CITY SECRETARY APPR~ED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PAGE 2 RESOLUTION NO.~ A RESOLUTION AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY EASEMENT FOR ELECTRIC POWER TRANSMISSION FACILITIES AND A LICENSE AGREEMENT FOR A TEMPORARY CONSTRUCTION AREA FOR THESE FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas, has heretofore determined the necessity for the acquisition by the City of Denton of an easement for a right-of-way for electric power transmission facilities and a license for a temporary construction area for these facilities in the land hereinafter described, and BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON' SECTION I The City Council hereby finds and determines that it is necessary to acquire an easement for a r~ght-of-way for electric power transmission facilities and a license for a temporary construction area for these facilities in the hereinafter described land by execution of the attached proposed Easement and License Agreements. S~CTION II. That the City Manager acting on behalf of the City of Denton is hereby authorized and d~rected to execute these instruments to obtain said right-of-way easement and license agreement in,over,and under the land described in Exhibit "A" attached hereto and incorporated by reference for the purpose of constructing an electric power transmission facility on said property. SECTION III. This Resolution shall become effective from and after its date of passage. 1990 PASSED AND APPROVED this the~day of ~-~ , BOB CASTLEBERRY, MAYOR/ / ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBR~ ADAMI DRAYOVITCH, CITY ATTORNEY FORT WORTH DIBI'RICTo ~.ORI~ OF ENGINEERI FORT WORTH TleXAa 7~,lO~' November 6, 1990 ~atate Division ClIY Distribution of Easement No DACW63-2-90-0566 and License No DACW63-3-90-0567, Lewisville Lake, Texas Mr., Lloyd V. Harrell City of Denton Muqicipal Building Denton, Texas 76201 Dear Mr Harrell Enclosed is a copy of Easement No DACW63-2-90-0566 and License No DA~W63-3-90-0567, Lewisville Lake, Texas signed on behalf of [the Government, authorizinS you to use the property described thirein for the purposes indicated. Your cooperation in using the prqperty in accordance with the conditions of the agreement will be appreciated. Sincerely, Real Estate Division Enclosure DEPARTMENT OF THE ARMY DACW63-3-90-0567 ' LICENSE ~ Le~tsvtlle Lake, Texas The SECFTETAI~Y OF THE ARHY (hereinafter Secretary) or duly authorized represen- 76 0! tetlve under a_u~horlty of 43 USC 961 grants to the C~ty of Denton, Municipal Building, Denton, Texas ~l~erelnafter licensee) e license to use a temporary construction area f. or the, ,pl,acem_ent of an electric transmission line, in an area being approximately 60 feet w~ae oy v,082 feet long The license is for a Iperlod of one (1) year beginning * m -39 ac~_ _-.-?_!.-.; ',.~ , but revocable at will by the Secretary or duly authorized representative The license Is for the premises (hereinafter premmses) shown in Exhibit "B" and more particularly described in Exhibit "A" which are attached and n~ade part of this instrument · on the date executed on behalf of the Government THIS LICENSE )a granted subject to the following condmtione ($ ) per ~.~e order of the Finance and Accounting Off ~r ~~~~nd delivered to __ The Un,t~ by law or regulation, on late paymen ants due under this agreement for each 30-day period that the payment Is over- 2 The exercise of the privileges granted shall be a without cost or expense to the United States, b unde~ the general supervision of the officer executing this license or duly authorized representative (iherelnafter said officer). I e,, subject to rules and regulations which said officer may prescribe from time to time and subject to approval of said officer, including prior written approval for alterations, modifications or additions or the uae of any herbicide or pesticide on the premises, c subject to the right of the United States to construct, uae, and maintain facilities on the remlses withqut unreasonably interferil~g with the licensee's privileges; d subject to other outgrants of the United States on the premises which do not unreasonably interfere with t~e licensee's privileges, and e without liability of the United' St;itee for failure to supervise or inspect activities or facilities of the hcenaeei ~ 3 Under a separate agreement with the ................................... , .............................. !?-:.' F-~:'-'- ..~-~!!*.~--':'! --: district englne~#r (Army civil works), the licensee shall pay the cost of the United States t0 produce or supply utilities or servicee to the licensee Such costs shall Include the licensee's prop~)rtlonete share of the operation and maintenance costs of United States facilities involved The United States has no obligation to furnish utilities or services 4 The hcenseelat iti own expense shall maintain the premises in good order 5 The licensee ~hall at Its own expense promptly repair or replace to the satisfaction of said officer any United States property damaged or destroyed by the licensee incident to the exerclee of the privileges granted ENG FORM SQ~ OctS~ REPLACES EDITION OF 1 DEC E2 AND ENG FORM 808e 1 Jul 63 WHICH IS OI)SOLETE 1 Instead and ,f required by said officer, the licensee shall pay the United States money in an amount suff,c,ent to co~npensate for the loss sustained by the United States for damage to or destruction of Un,ted States property. ~e licensee's property, i~r such damage, Injury or ~ The lic?naee shall _hald h~ay arise from or be inci- 7 The I,cenaee p. hall not discriminate against any person(8) because of race, color, age, sex, religion, hand,cap, or n~tlonsl origin in the conduct of Its operations hereunder The licensee ~ - r ........... ~ ...................................... will comply with Title VI of the Civil Rights Act of llN14 (42 U.8 C S 2000d) qfld all requirements imposed by or pursuant to Department of Defense D:rective 6600.11, May 27, 1971, as amended {32 C F R pt 300) 8 The hcenseelshall not unlawfully pollute the air, ground, or water or create a public nuisance The licensee shall at no cost to the United States promptly comply with present and future Federal, state and local ~aws, ordinances, regulations, or instructions controlling the quality of the environ- ment This does not affect the licensee's right to contest their validity or enjoin their applicability The hcensee shall not be responsible for pollution caused by others 9 The hceflse~shall not remove or disturb, or cause or permit to be removed or disturbed, any h,stor,cal, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of ant,quity In the event such items are discovered on the premises, the licensee 8hall immediately not,fy said officer and protect the site and the material from further disturbance until said officer ~ .es clearance to proceed 10 ."he licensee will use ell reesona.b~e means available to protect the environment and natural resources from, damage arising from this license or activities Incident to it, end where damage nonetheless oc~:urs, the licensee shall be liable to restore the damaged resources 11 If the licensbe discover8 military contamination on the premises, the licensee shall immediate- ly stop work arid request said officer for help 12 On or before the date this license expires or the licensee relinquishes this license, the licensee shall vacate the, premises, remove the licensee's property and rested,e_ the premises to a condition sat,sfactory to said officer, except for damages beyond the licensee 8 control or for fair wear end tear If this llce~se is revoked, the licensee will do the same within the time designated by said off,car If the licensee fails or neglecl~s to remove the property and to restore the premises, at the opt,on of said 0fflce~r' . a said property shall bec(~me the property of the United States without compensation therefor, or ~, ~ ,t ~ hbce~t~iedeofficer'r~sy hav~ the property removed and the premises restored at the expense of the , land no claim for damages against the United States or its officers or agents shall be crested by or made on account of the removal and restoration work 2 13 The licensee may terminate this license by giving ten (10) days written notice by certified mall to the Secretary through 8aid office The United States shall not refund compensation paid under condition I If notice la not given at leas;t ten (10) days before compensation Is due under Condition 1, the licensee 8hall pay the compensation for that period or term 14 This license Is ella©tire only Insofar a8 the rights of the United States In the premises ere con- cerned The licensee shall obtain any further permission necessary on account of any other existing rights the Grantinq Clause 15 This license, may not be transferred or assigned. Prior to execution of this license, Condition No(a) 3 and 7 were modified, Condition No(8) 1 and 6 were deleted, and Condition No(a) 16 were added on page 3 which ia made part of this Instrument This license Is not subject to Title 10, United States Code, Section 2662, ae amended IN WITNESS WHEREOF, I have hereunto sat my hand by authority/direction of the Secretary of the /~'~/ this ~ day of (~c. TobCf' 19q0 rfP Cain :f, Real Estate Division The above instrument, Including all Its conditions, la hereby accepted this 5th day of October 19 90 (Title) 16 All terms and conditions of Easement No DACW63-2-90-0566 are incorporated here~n and made a part hereof. CITY OF DENTON Lewisvllle Dam Electric Transmission Line CENTERLINE FIELD NOTES Bcgnnnlng at a point in the center line of this transmission hne, said point bearing South 14 degrees 09 minutes 03 seconds East a distance of 334 10 feet from the center hnc of Lcwnsvdl¢ Dam at station 152+6600, said 8tatlon being North 75 degrees 50 minutes 57 $cconcis East a distance of 350.00 feet from the intersection of thc dam center line and thc outlet works, Thence, along said transmission line center linc the following sixteen (16) bearings and distances: South 74 degrees 58 minutes 44 seconds West 381 36 feet South 75 degrees 21 minutes 04 seconds West 1183 66 feet, South 66 degrees 39 minutes 16 seconds West 199 96 feet South 75 degrees 29 minutes 20 seconds West 589 19 fcct South 66 degrees 39 minutes 13 seconds West 194 42 feet South 83 degrees 31 minutes 24 seconds West 362 58 feet South 70 degrees 02 minutes 12 seconds West 353 33 fcct South 76 degrees 49 minutes 24 seconds West 399 82 feet South 76 degrees 18 minutes 12 seconds West 980 94 feet South 84 degrees 01 minutes 30 seconds West 179 77 feet South 74 degrees 48 minutes 17 seconds West 783 79 fcct S~uth 79 degrees 23 minutes 59 seconds West 1470 90 feet North 88 degrees 53 minutes 21 seconds West 180 00 feet South 78 degrees 16 minutes 17 seconds West 775 40 feet, South 61 degrees 37 minutes 05 seconds West 269 70 feet, North 82 degrees 24 minutes 39 seconds West 777 26 feet to a point at the end of sand transmission linc center line nt an existing power pole The undersigned does hereby certify that thc field notes herein are based on an actual survey made on thc ground in August 1989, nnd that they arc a true, correct, and accurate representation of the transmls as surveyed StanfosJ~ Hauptman~ Texas Registered Public Surveyor Number 2255 ' EAt']P? VOL 2 8 8 6 PG0 0 6 -/ ~ DEP~RTMENT OF THE ARMY EASEMENT FOR RIGHT OF WAY DACN63-2-90-0566 FOR ELECTRIC POWER TRANSMI~ION OR COMMUNICATION FACILITIES 53.494 ON Lewisville Lake, Texas The SBCRETARY OF THE ARMY, under and by virtue of the authority vested in him by tho act of Congress approved 27 May 1952 (66 Stat 95, 43, United States Code, 961), hereby grants to the City of Denton, a political subdivision in the State of Texas, Municipal Building, Denton, Texas 76201. hereinafter ~leslgoated as the grantee, for a period not cx~ed~ng Fi fty ( 50 ) years from the date ~i~vl~f/~n easement for a right.of, way for the instal 1 ati on, mai ntenance, operatl on, and repai~ of an electric transmission line, being approximately ?0 feet wide by 9,082 fee~ long, containing approximately 4 17 acres, more or less *executed on behalf of the Government hereinafter ireferred to as "smd facilities,' over, across, and upon land of the United States at the location shown in tad on Exhibit "B" attached hei~to and made a part hereof, and desortbed ~[~ll¢~g~; on Exhi bi t "A" attached hereto an~ made a part hereof. T~ HI_8. I~AS. EMENT is grantad subject to the following cond~tions ~d~n~d Compen~tion ~all be mads ~yable 2 T~t the wnstructlon and/or operation and maintenance of ~id facilities ~alr be accomphsh~d without vost or ~xpen~ to th~ United States under the general zuperv,sion and subiect to ~e appm~l of the offioer having immedlat~ junzdiction over the properS, h~remaftvr des~nated ~s "mid offw~r," and In suoh manner a~ not to endanger p~onn~l or property of the United Stat~s on t~ ~ld United ~tat~s land or obs~uct ~avel on any road thereon 3 T~t the us~ and occupat~n of mid land incident to the exercise of the privileges hereby ~anted ~a~l be zub}~ot to such rul~s and r,gulat~ns r~garding ~n~es~, e~ess, ~fety, ~nitation, and ~curity ~ ~h~ said officer may ~om tlm~ to time p~scribe 4 T~t the right.f-way h~r~by ~ant~d ~all not occupy more land than ts re~onably nece~ f~r such purpose, ~ d~t~mined by th~ m~d officer, and In no event ~hall ~x~ed a width of ten feet ( 10~ ) on each s~de of th~ center line thereof ENG ~ORM 13~0 PREVIOUS EDITION~ MAY BE U~ED 1 AUG 63 13 That upb ~the ~ ~ exl~-~t~on, terminatton, or forfetture and a. ~.ment of this grant, the grantee shalli without expense to the United States, and wtthm such time as the Secretary of the Army may lodl~ate,mrnove said facll~tizs from said land and restor~ the premises hereby authorized to be used a~d occupied to a condition satisfactory to the said officer In the event the grantee shall fad, neglect, ]or refuse to remove the said facilities and so restore the premises, the United States shall have tl~e option e~ther to take over the sa~d facihtles as the property of the Un,ted States without compensation therefor, or to remove said facilities and perform the restoration worl~ as aforesaid at the expense of the grantee, and in no event shall the grantee have any claim for damages against the United States, or its officers or agents, on account of the taking over of said facilities or on account of thew removal 14 Thqt the proviz~ons and conditions of th~s instrument shall extend to and be binding upon and shall ~nu~e to the benefit of the heirs, representatwes, successors, and assigns of the grantee 15 That it ~s understood that this instrument is effective only insofar as the rights of the Untted State~ in the said property are concerned, and that the grantee shall obtain such permission as may be neoessary on account of any other existing rights That prior to ~tho e~ecution of this easement, conditions were deleted, revised and added in the following manner I ' ' Prior to execution of tht~ instrument, the Grant,hq Clause waq modified, Conditions No 1 and 8 were deleted and Conditions No 16. 17, 18, 19, 20, 21, and 22 wene added on page 4 which is made part of th~s instrument. Thts easement is not subject to Title 10, Untted States Code, Section 2662 IN WITNESS WHEREQF I have hereunto set my hand th,s~_ day of ~ {.~f- ,19 ~ h~ R~I E~ate Division VOL2886 0069 16. That the City of Denton will be required to modify the electric line easement, Ill qranted, to meet any additional Corps of Engineers or other Federal or State safety standards, including criteria and requirements which may be later developed, including line height requirements. 17 That the right is hereby reserved to the United States, its officers, aoents, and employees, to enter upon the said premises at any time and for a~y purpose necessary or convenient in connection with river and harbor and flood-control work to remove timber therefrom, and to flood the easement premises whenever necessary, and the grantee shall have no claim for damages of any character on account thereof against the United States or any officer, agent, or employee thereof. 18. The grantee shall not discriminate against any person or persons or exclude from participation in the operations, programs or activities conducted on the easement premises, because of race, color, religion, sex, age, handicap, national origin or place of residency. The grantee, by acceptance of this easement, hereby gives assurance that it will comply w~th provisions of Title VI of the Civil Rights Act of 1964 as amended (42 USC Sec ?O00d); the Age Discrimination Act of 1975 (42 USC Sec 6102); the Rehabilitation Act of 1973, as amended (29 USC Sec 794), and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300) issued as Department of Defense Directive 5500.11 May 27, 1971. This assurance shall be binding on the qrantee and its agents. lq. The Use of any pesticide on the easement premises must be in accordance with appropriate Federal, State, or local laws, rules, and regulations. 20. Grantee shall construct, operate and maintain the said line in accordance with the National Electric Safety Code and National Electric Code. 21. That the grantee shall not remove or disturb or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity; In the event such items are discovered on the premises, the qrantee shall tnmedtately notify the District Engineer, Fort Worth District, and the site and the material shall be protected by the grantee from further disturbances until a professional examination of them can be made or until clearance to proceed is authorized by the District Engineer. 22. The grantee shall comply with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located. 4 ¥o[2886 ~0070 The above instrument, including all its conditions, is hereby accepted this 5th day of October , 1990. (Title) f , . [¢ v0t2886 0071 STATE OF TEXAS COUNTY OFI TARRANT This instrument was acknowledged before me on this .~Q~L_ day of , 1990 by on behalf of the U.S. Army Corps of Engineers as the of the Real Estate Division, Fort Worth District, Texas. STATE OF TEXAS COUNTY OF Denton This instrument was acknowledqed before me on this 5th day of October , 1990 by Lloyd V Harrell as Clt~ Manager of the City of Denton and on behalf of said City of Denton. It~'~-7 ~'~\ EL~ee'mE~[~IAMS~No~ .umo ~ LN6ta~ Publlc/~f'n and for ~r,~p'}.) 8TATEOFT~ ~ ~e State of Texas ~,~Y~Comm Exp M~16,199~ Elizabeth J W~lllams ..... - ..... ~- (Print Name) Notary's Commission Expires: 5-15-93 VOL2886 t 8007 2 CERTIFICATE I, Jennifer Walters , certify that I am the Czty Secretary of the City of Denton, named as grantee herein; that Lloyd Harrell who signed this easement on behalf of the City of Denton was then C~t¥ Manager of the municipality; and that said instrument was duly signed for and on behalf of the City of Denton by authority of its governing body and is within the scope of its legal powers. 7 VOL2886 I' gO 73 CITY OF DENTON Lewlsvllle Dam Electric Transmission L~ne CENTERLINE FIELD NOTES Beginning at a point in thc center linc of this transmission linc, said point bearing South 14 dcgrccs 09 minutes 03 scconds East a distancc of 334 10 feet from thc center linc of Lcwisvlllc Dam at station 152+6600, said station being North 75 degrees 50 minutes 57 seconds East a distance of 350 00 feet from the intersection of the dam center linc and thc outlet works, Thence,, along said transmission line center line thc following sixteen (16) bearings and distances South 74 degrees 58 minutes 44 seconds West 381 36 feet, South 75 degrees 21 minutes 04 seconds West 1183 66 feet, South 66 degrees 39 minutes 16 seconds West 199 96 feet, South 75 degrees 29 minutes 20 seconds West 589 19 feet, South 66 degrees 39 minutes 13 seconds West 194 42 feet, South 83 degrees 31 minutes 24 seconds West 362 58 feet, South 70 degrees 02 minutes 12 seconds West 353 33 feet, South 76 degrees 49 minutes 24 seconds West 399 82 feet, South 76 degrees 18 minutes 12 seconds West 980 94 feet, South 84 degrees 01 minutes 30 seconds West 179 77 feet, South 74 degrees 48 minutes 17 seconds West */83 79 feet, South 79 degrees 23 minutes 59 seconds West 1470 90 feet, North 88 degrees 53 minutes 21 seconds West 180 00 feet, South 78 degrees 16 minutes 17 seconds West 7?5 40 feet, ~jouth 61 degrees 37 minutes 05 seconds West 269 70 feet, orth 82 degrees 24 minutes 39 seconds West 777 26 feet to a point at the end of sa*d transmission hnc center hnc at an existing power pole Thc undersigned does hereby certify that the field notes herein arc based on an actual survey made on thc ground in August 1989, and that they arc a true, correct, and accurate representation of thc transmis crhnc as surveyed October 2, 1989 Stan forkl~ Hauptman~ Texas Registered Public Surveyor Number 2255 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, 1990; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard Gore, representing the Denton Kiwanis Club, is requesting that Interstate 35-E frontage road, from its intersection with Avenue E to its intersection with Bonnie Brae, a public street within the corporate llmmts of the City of Denton, Texas be temporarily closed to public vehmcular traffic between the hours of 7:00 p m. to 10.00 p m. on July 4, 1990, for the purpose of havmng the Annual Children's Clinic Fmreworks Spectacular, and WHEREAS, Richard Gore, representing the Denton Kmwanls Club, has assured the City 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, from its mntersectlon with Avenue E to its Intersection with Bonnie Brae, a public street in the corporate limits of the Cmty 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, 1990, for the purpose of having a "fireworks spectacular". SEOTION II. That the City Manager shall direct the appropri- ate city department staff to work with the Texas Hmghway Department mn erecting barricades on Interstate 35-E frontage road, from its intersection with Avenue E to its intersection with Bonnme Brae, at 7 00 p m. and to have the same removed/~at 10 00~P/~ on_samd date PASSED AND APPROVED this the /7' day of ~, 1990 BOB CASTLEBERRY, MAY~ ~ / ATTEST: A~PROVED AS TO LEGAL FORM. A RESOLUTION TEMPORARILY CLOSING WYE STREET FROM ITS INTERSECTION WITH CROSS TIMBER STREET TO ITS INTERSECTION WITH MILL STREET ON JULY 13, 1990; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, James McDade, representing the Fred Douglas and Fred Moore Reunion Committee, is requesting that Wye Street, from its intersection with Cross Timber Street to its intersection with Mill 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 5:00 p.m. to 9 00 p.m. on July 13, 1990, for the purpose of having a reunion, and WHEREAS, James McDade, representing the Fred Douglas and Fred Moore Reunion Committee, has assured the City that the property owners in thls area have agreed to the temporary closing of this road, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON' SECTION I. That Wye Street, from its intersection with Cross Timber Street to its intersection with Mill Street, a public street within the corporate llmlts of the City of Denton, Texas, be temporarlly closed to vehicular traffic from the hours of 5 O0 p m to 9.00 p.m. on July 13, 1990, for the purpose of having a reunion SECTION II That the City Manager shall direct the appropri- ate city department to erect barricades on Wye Street from the intersection of Cross Timber Street to its intersection with Mill Street, at 7'00 p m. and to have the same removed at 10.00 p m. on BOB CASTLEBERRY,-F'-~.~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY ? 2936L RESOLUTION NO. ~~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the County of Denton for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall become effective mediately upon its passage and approval. /'% PASSED AND APPROVED this the/~'day of __, 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY U LEGAL FORM' APPR~J~D AS TO DEBRA ADAMI DRAYOVlTCH, CITY ATTORNEY VIC BURGESS August 16, 1990 COUNTY JUDGE Ms. Jennifer Walters City Secretary city of Denton 215 East McKlnney Denton, Texas 76201 Re: Interlocal Cooperation Agreement for Animal Control Services Dear Ms. Walters- Enclosed please f~nd a copy of the above agreement which was approved by Commissioners Court on August 13, 1990. S~ely yours, Enc. VB gb denton\wa[ ters Ltr COUNTY COURT OF DENTON COUNTY * COURTHOUSE ON THE SQUARE 1 lOW HICKORY · DENTON TEXAS 76201 · (817) 383 0298 · 1 800 346 3189 ORIGINAL TH5 STATE OF TEXAS INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON This Agreement is made and entered by and between Denton County, a politlca] subdivision of the State of Texas, hereinafter referred to as "County", and the City of Denton, a home rule municipal corporation of Denton County, Texas, hereinafter referred to as WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and~related services for the benefit of the citizens of Dentonl County, and WHEREAS, CITY is a home rule municipal corporation, duly orqantzed and operating under the laws of the State of Texas and as en~aged in the services of ho/ding and disposing of dogs'and cats for the benefit of the citizens of Denton, and WHEREAS, CITY is the owner of certain vehicles, fac/l/ties and equipment designed for the transporting, ho/ding and disposition of dog,s and cats and has in its employ trained personnel whose duties, are related to the use of such vehicles and equipment, and WHEREAS COUNTY desires to obtain impoundment and disposlt~on services for dogs and cats rendered by CITY, as more fully hereafter described, for the benefit of the residents of Denton County, Texas, and W~EREAS, the provision of Impoundment and disposition of dogs and ca%s is a governmental function that serves the public health and welfare and is of mutual concern to the contracting part,es, and WHEREAS COUNTY and CITY mutually desire to be sub3ect to the provisions of Tex Rev Civ Stat Art 4413 (32c), The Interlocal Cooperation Act and contract pursuant thereto, NOW, TNEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows I A COVENANTS OF THE CITY 1 Hgl~l~g_of Dogs and Cats The CITY agrees to accept and hold dogs and cats lawfully impounded by authoriTed representatives of COUNTY and to accept and hold dogs and cats brought, to and released to the Center from residents of the , ~ unincorporated areas of COUNTY under the following terms ~and conditions (a) Holding ~Pertod_f_9~__D_p_qg.~_.~ _ The CITY agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released to the Center by the animal's owner, in order to allow the owner~ of the impounded animal a reasonable amount of time to reclaim the impounded animal If the animal is not reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the CITY and the animal w~ll be held for adoption or humanely destroyed Animals w/l] be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor (b) Holding Fees for I~pounded Dogf For the purposes of this Agreement, CITY will charge Six Dollars ($6 00) per day holding fee for each day that an animal is held at the Center This fee will be assessed against the owner of the animal at the time the animal is released to, or reclaimed from, the Center No animal will be accepted, or released, until all applicable fees are paid ~n full by the owner. (c) Hold%ng_9~._Q~arantined Animals CITY agrees to accept and hold rabid suspects in quarantane for COUNTY when conditions permit, and such action is authorized by a representative of COUNTY. ' ~d) Holding. Fees for guarantined Animals The holding fee for quarantined animals shall be Seven Dollars (97 00) per day for each day that the animal is held (e) Head Shipments and Rabies Tes~_n~ Upon request of COUNTY, CITY will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health The fee for this service shall be Thirty-five Dollars ($S5 00) for each head shipped. (f) 6~c__eptance of Dog9 and Ca~_Fro~__Ow~gr~ CITY agrees to accept dogs and cats from residents of the unincorporated areas of COUNTY Upon acceptance of privately owned an%mai(s), CITY will charge owner for any holding or euthanasia fees Fees for Animal Owners CITY agrees to charge residents of unincorporated areas of COUNTY, fees equivalent those granted to COUNTY B COVENANTS OF COUNTY 1. Financial Resp. qn~__i~I In order to reimburse the CITY for its costs incurred under this Agreement, County agrees to pay for the holding and euthanasia fees on all dogs and cats received from authorized representatives of COUNTY, if the anlma] is not reclaimed by it's owner. COUNTY additionally agrees to pay for te~ting and shipping of suspected rabid dogs or cats received from tlhe authorized COUNTY representative, or at his direction, from a suspect animal's owner. These fees will be assessed on the following basis (a) Euthanized Animal SS O0 per day holding fee for four (4) days for each animal $24 00 $7 O0 Euthanasia Fee $ 7 O0 Total Fee 851.O0 (b) Adopted Animal $6.00 per day holding fee for four (4) days for each animal $24 O0 (c) Head Shipments $35 O0 , ~ 2 COUNTY agrees payment shall be made within forty-five (45) days of receipt of invoice by the COUNTY CITY agrees to and accepts full responsibility for the acts, neglig~nce, and/or omissions of all of CITY'~ employees, and agents, CITY'S subcontractors, and/or contract laborers doing work under a contract or agreement with CITY in performance of this agreemgnt with said CITY COUNTY agrees to and accepts fSll responsibility for the acts, negligence, and/or omissions of all of couNTY'S employees, and agents, COUNTY'S subcohtractor~, and/or contract laborers doing ~ork under an agreement or contract with COUNTY'in performance of this agreement with CITY. It is further agreed that if claim or liability shall arise from the Joint or concurrinq negligence of both parties hereto, it shall be borne by them c~mparattvely in accordance with the laws of the State of Texas This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. III The fact that the COUNTY and CITY accept certain responsibilities relatinq to the collection and impoundinq of dogs and ca~s under this agreement as a part of their responsibility for provid~ng protection for the public health and welfare and, therefore, mak~e~ it imperative that the performance of these vita/ services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the full extent possible under the law Neither CITY nor COUNTY waives or shall be deemed hereby to waive, any immunity or defense tha~ would otherwise be available to it against claims aris/ng from the exercise of governmental functions The term of this Agreement shall be for a period of one (1) year commencing as of October 1, 1989 and ending September 30, 1990 Thereafter, this Agreement shall be renewed for successive addltienal one (~) year terms commencing on October ~ of each year if the COUNTY and CITY agree in writing on or before the first day of October to a successive term and the amount of consideration to be paid hereunder for each successive term, provided, however, eitherlparty may terminate this Agreement, upon thirty (30) days written notice to the other. V This Agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral This agreement may be amended only by wratten ~nstrument signed by both CITY a~d COUNTY VI This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the p~rtles hereto that the remaining portions ~hall remain va/id and in full force and effect to the extent possible. viii The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby cert~fies to the other that any necessary r~soSutions extending said authority have been duly passedland are now in full force and effect Executed in duplicate originals this the _~ay of MAYOR ATTEST APPROVED AS TO LEGAL FORM' COUNTY OF DENTON APPROVED BY DH~rfON COUNTY ATTEST 8-13-90 A~TORN~Y FOR DENTON OOUNTY RESOLUTION NO. ~ A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JULY 3, 1990 TO JULY 10, 1990, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the regular Council meeting of the City of Denton scheduled for July 3, 1990 is hereby postponed to July 10, 1990; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the regular Council meeting to be held on July 3, 1990 be postponed until July 10, 1990 PASSED AND APPROVED thms the/~ay of June, 1990 BOB CASTLEBERRY, MA7 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY A RESOLUTION APPROVING THE FUNDING OF WATER AND SEWER LINES TO SERVE PROPERTY TO BE DEVELOPED BY CAMPING WORLD, IN ACCORDANCE WITH THE APPROVED GUIDELINES FOR FUNDING AND SELECTING DEVELOPMENT PLAN WATER AND SEWER LINES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Camping World is proposing to construct a commercial facility in the proposed Western Hills Business Park within the City of Denton and has requested the City grant incentives in accordance with the economic development policies of the Denton Development Plan; WHEREAS, the Public Utilities Board and Planning and Zoning Commission have recommended granting the request for City funding of sewer and water lines to serve the Camping World site, and WHEREAS, the City Council has determined that the request by Camping World meets the requirements and qualifications of the Guidelines for providing commercial development infrastructure assistance, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON SECTION I That the request of Camping World for City funding of water and sewer lines to serve property to be developed as a commercial facility in the proposed Western Hills Business Park, Lot 1, Block A, is approved to the following extent (A) The City of Denton will pay a maximum of $35,500 for the construction of approximately 500 feet of eight inch (8") water line and approximately 400 feet of twelve inch (12") water line. (B) The City of Denton will pay a maximum of $22,500 for the construction of approximately 900 feet of eight inch (8") sanitary sewer line and a maximum of $35,000 for either a lift station or the cost of excavation below eight feet for a gravity sanitary sewer line (C) The City shall only pay the funds if Camping World develops the proposed site for a commercial facility SECTION II That, as permitted by the Denton Development Code, Camping World shall be entitled to a waiver of the payment of water and sewer pro rata charges for connecting to the lines authorized to be constructed, if, at the time of the requested connectlon, the lot to be served IS being or has been developed by Camping World for the particular use for which development infrastructure assistance has been approved SECTION III. That the cost of funding the approved water and sewer lines shall be paid from the funds currently budgeted for economic development purposes. ~ PASSED AND APPROVED this the /~ay of , 1990 BOB CASTLEBERRY, ~ ~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FO~' DEB~ ADAMI D~YOVITCH, CITY ATTORNEY 69024 June 15, 1990 ll:44am PAGE 2 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566 8200 OFFICE OF THE EXECUTIVE DIRECTOR OF UTILITIES July 25, 1991 MEMORANDUM TO Jennlfer Walters, City Secretary FROM Gay Ractna, Adm Secretary RE Camping World R 90-031 Final payment Attached you will find a notarized Certificate of Actual Cost and cop~es of the final invoice, equipment listing from Calvert, and City Inspection letter. These ~tems need to be attached to R90-031 authorizing payment of $93,000 to Camping World for the City participation in the water line, sewer llne and lift station. ~ Racina~Administrative Secretary Attachments cc' R E. Nelson, Executive Director Glenn Gary file DEDICATED TO QUALITY SERVI CE CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817; 566 8200 DE NTON MUNICIPAL UTILITIES CERTIFICATE OF ACTUAL COST CITY OF DENT)N AND campin~ World Inc. PARTICIPATIOr AGREEMENT DATED October 17, 199! FACILITY DES( FIIPTION ~.,~t~.~y R.~.~ tine n6 S" & ]0" d~ameter & 695' ~n ien~th, A ACTUAL COST OF FACILITIES $ 96~124.80 DEVELOPER / OWNER SHARE OF COST $ 3,124.80 CITY'S SHARE $ 93,000 00 hereby certify the completion of the heremref~renced facilities and certify the actual cost of the City's partlCl~n to b~,fas,,~tated above )1'hms statement shall be attached to the original ~' ~-~ ~ ~ Date D~rect~ of U :dmes , / Original C~ty Sect / Duplicate Developer Owner / r,,pi,.mo ~-~. ~n~n~r~n~ ~ch 8up, rw~or 0877E CALVERT PAVING P.O. BOX 268 DENTON, TEXAS 76201 (817) 387-6831 ~3f, D TO SHIPPED TO .__._~.~TeY,~ 76203. ~ Teoms ~ ~ w~ ,8~4~n ~ 96,~4 8~ i' ...... '~"I ,~o,~E 0 6 4 3 8 C:A£M~RT PAVING ' P.O'~ BOX 2~8 DENTON, TEXAS 76201 (817r} 387.6831 SOLD TO ~ SHIPPED TO McCarty ~truct~n ~ Camping World Facility 3912 E. cKinney~ i I 35 Denton, exas 76201 I Denton, Texas ORDER SALEgMAN TERMS ) VIA F O B I ~14/91 City Water a Sewer Facllltzes Station 96,124 0 6 414 CALVERT PAVING I ~p Q, BOX 268 ' ~ DENTON, TEXAS 76201 18,17) 387,.6831 Page 1 of 3 SOLD TO , II SHIPPED TO ~rty ]o~stru~t.%on Camping World Faci~lity 3912 E. ~ I 35 Denton, PA. 76201 Denton, Tx. CUSTO/~Er$ ORDER SALESMAN TEP. N~ VIA F O 6 DATE QUARI%~Z 450LF 30. C 13,500 8-~nch (48-in. 4501f 18.5 8,424 ~' ~ 551f 874 6-i~h W~terl%~e (60-in. coVer, Gate~ Valve,M. J. ~ lea. 1,264 Gate Valve,M, J.' ~ 2ea 832 lea 400 Tee~M,J. t ~ M.J. lea 400 i lea 4Qo,i 400 Pi~ and Block ~ lea 150, I 150 F~re (6-unoh C~ty Stem_al?d) lea 1,000.~ 1,000 ~'. Tap Service 2ea 300.~ L9 ne 1201f 10. 1,20~ To ~i!IAD~ "a" Waterline 29,566 ( ICiLy KedC (,S0 ~ff'S) W'736 ,.vo,¢. 0 6 411 CALVERT PAVING dPO. BOX 268 DENTON, TEXAS 76201 (817) 387.6831 Page 2 of 3 SOLD TO McCarty ~lstr~:lo~ SHIPPED TO Can~ing World Facility 3912 E..W~Kinney I 35 Denton, PA. 76201 Denton, Tx. CUSTOMER'S ORDER SALESMAN TERMS F O B DATE ~.n.ne - Sanitary ~ (~VC)~, 8-~ ~ Pi~ 6-8 ~. ~ , 1001f 1,410 8-~ ~ Pz~ 8-10 ~. ~ 1801f 2,538 8-~ ~ ~i~ 10-12 ~. ~p 3331f 4,695 ~rPi~ 10-12 ~. ~p 321f 640 City~ S~d~ (6 Ft. ~p) 3ea 3,000 ~a ~les ~ lllf 100. 1,100 St~t,Pl~ ~ Bi~, lea 500. 500 4 - ~i~ ~ (T~) 1~ 300. 300 4 - S~1~ ~ 171f 10. 170 ~ ~ft S~ 1~ ~ 500 ~f~y 1~ ~ 1,000 Total Line "D" Sanitary Sewer 16,558 ,.vo,c. 06410 CAWERT PAVING i P.O. BOX 268 DENTON, TEXAS 76201 (817] 387.6831 Page 3 of 3 SOLD TO McCarty ~]struCtion SHIPPED TO Camping World Facility 3912 E ~Kinney~ I 35 Denton, ~. 76201 ~ De~ton, Tx. SALI;IiMAN TERMS SHIPPED VIA F O B DATE -i Sar~ary Sewer Quan~ty Unit and Operable - all Electrlal, Mechani~al, ~lte , Security Fenc~ing, Etc. 1 ea 50,000 Total ( Line "A" and "D" and Lift Station ) $96,124 + + CITY OF DENTON - RECEIVING REPORT DATE RECEIVED 0 7, 2 3 ,9 ! PURCHASE ORDER # m m d d ~ y VENDOR CODE CHECKED BY Glenn A Gary VENDOR Campin~ World Inc. DIVISION 0461, 0471 DELIVERED BY (CIRCLE ONE) CRT PPO PCK VEN COU MFT (CIRCLE ONE) COL PP CARRIER FREIGHT BILL # DAMAGED~ YES NI PO LINE# QUANTITy UNIT COMMODITY CODE DESCRIPTION PARTIAL,' 1 1 lt. Final payment for participation with Camping World (Ordinance 90-158) Max fee $93,000 , P F ~ ~;~Y-,~,~-,~e,~,'~y- ~z.~ ~, /~,~Zz~ Payment due this period $93,000 P F P O COMPLETE {CIRCLE ONE YES SPECI,~elN.,.~TRUCTIONS CRT C.n~a! Re¢.~n~ T~aos{e~, P~O-Ps~e! Po~t PCK-P~¢ke4 U~, V£N-V. ndo~ DeHue~ed, COU-Cou~e~ ~FT-Mo~o~ ~e~h~ e~he~ COL-CoH.¢~ o~ PPD-~epe~4 SCREENED AREAS FOR PURCHASING ~..c ONLY W RLD ThreeSprlngJRoiid. PO Box00018 BowllngGreen, KY 42102 g018 (502) 7812718 o FAX ($02) 7812775 June 3, 1991 Mr. Glen Gary Engineering Associate I 901A Texas Street Denton, TX 76201 Re: Camping World Denton, Texas Dear Mr. Gary: We've moseyed into Denton. Over one million RV'ers received the enclosed catalog announcing our move to the new location. The three-day grand opening in March 9reduced over $250,000 in sales, and a customer count (customers who had a register transaction) of over 1800. Sales at the Denton store have increased over 50% above sales in Garland, primarily due to out,of-state customers traveling along 1-35. The economic impact of our out-of-state customers should be starting to be felt by nearby businessee. This benefit should expand to surrounding areas as awareness of our location grows. We are most pleased with our move to your city, and look forward to a mutually beneficial relationship in the coming years. Regarding Resolution No. 90-031, please find enclosed a copy of the laccepted bid form as submitted by Calvert Construction for ins~allation of water and sewer utilities. Construction cost for .this portion of reimbursable work was $96,124.80. Resolution No. 90-031 authorized reimbursement to $93,000, with additional funds of $11,875.20 available for additional lift station cost, Camping World respectfully requests release of the referenced funds per the above Resolution in the amount of $96,124.80 payable to Camping World. Should you have any questions regarding the above, please contact either Bill McCarty or me. Camping World sincerely app~eciates the assistance and cooperation provided by the City of ~enton, its staff, elected officials, and members of the utillity departments. I'm sure this project will prove to be a positive impact on your community and a profitable venture for all concerned. ~~eg~rds, Tom ~alker Director of Real Estate Enclosures gl:id954 OIT¥ of DINTON, T~,XAe MUNICIPAL BUILOIN9 / DENTON, TEXAS 78~0'1 / TELEPHONE (817} OFFICE OF THE EXECUTIVE DIRECTOR OF UTILITIES Oo~obez ~2~ ~g~O Nr. Tom #elker Camping ?brae Spr4nge Road Express so ~ha~ our C~y A~orneV oan have oho eAgned agree- men~ before Oo~ober ~7, ~990, Thin~ you, Respeo~u~y~ Ena[oeure. ,2988L WATER AND SEI~R FACILITY COST PAKTTCIPATION AGItEENENT BETWEEN THE CITY OF DENTON AND CANTING WORLD, INC. IfllEItEAS~ Ca, pins World, Inc., hereafter referred co as "Developer," wheCher one or more, whose bus,ness address Ls P. 0. Box 90018, BowlinS Green, Kentucky 42102-9018, w~shes develop and ~mprove certain real property located ~n ~he CX~y Denton,. Texas or L~s ex~ra~errL~orXal Jur~sd~ccXon, and requLred co provide such proper~y wXch adequate wa~er and sewer by des2s~LnB, consc~ccLnS and ~ns~all~n8 a water ~ne o[ 6". 8" and 12 size and a sewerl~ne o~ 8" and 10 s~ze across the v~dCh o~ subject proper~y and a sewer l~C station on the souehern porelon o~ subJeo~ proper~y, herea~cer re~erred Co 'requLred ~aoL1L~Les"; and ~, the C~y o~ Denton, Texas, a munLc~pal located a~ 215 2. HcEinney, Denton, Texas 76201, hereafter referred ~o is "CL~y," Ln accordance v~h Les ordLnances, co parClLeLpa~e Ln the ecsc o~ she construction and Lnscallacion o~ saLd required ~ac~lL~Le8 Co e~and ~es u~l~Cy syseea iud Lnsure ~dequaCe uCL1LCy ae~Lco co scar customers, NOV, ~~, ~n eonaidoraCion of c~ muCua~ pr~oes and c~onanCa conCa~nod here~n, ~loper ~d C~Cy agree aa foll~e~ 1. De~loper ahll dea~sn, ~naCall and coneCrucC~ A, A sewer 1Lne of 8" and 10" ~na~do d~aaoCer and approxhaCe~y a~ hundred n~necy-f~ (69S*) feec ~n lenSch across che fronC v~dCh of Deve- loper v 8 property ~ B. A san~Ca~ sewer l~fC station Che aouChern port,on o~ ~veloper*s property; ~ C. A racer l~ne of 8" and 6", 12" ~ns~de d~eCer e~se .~d approx~Cely n~ne hundred ~fCy f~vo (95~*) ~e~C ~n length across C~ ~ronC v~dCh of ~elopor' a propercy. and a~l neeeaea~ appurce~nce8 thereto, located as 8ho~ on ~h~b~C "A", attached hereto and ~nco~oraCed here~n by 2. Pr~or Co bes~nn~n8 conacrucc~on o~ Che oversized ~ac~l- ~Ciee, .D~eloper s~ll obtain, aC Developer a sole coac and expenee~ all neceaea~ po~Co, ~cenaee and eaae~nCo. easeMnCo are needed, the deeds Chere~ore obCa~ned by ~voloper shall be reviewed and approved as co ~o~ and aubaCance by C~Cy prior co the beSinninS of construction.. Any e~se~e~Cs fo~ the. Co ClOy. if nsc ~aken i~ ~lty[· name, pri~r t~ ace~p~ce~of_t_h~ required faclliCLe·, eno ueve~oper yarranc· clear c~cLe ~o such ea·emence and will defend ClOy aSa~n·C any adver·e clata made esainsc ·uch 3. The ClOy*· ·hare in the co·t of the required ha·ed upon ResolutionNo,-~9_0mO.~of ~he City Counc~.dated~une 19, 1990, ·hall be ~-~B~amounc no~ t~. exceed_~Lnet~-~re? Thousand, Dollars ($93.000~0~). However, ~Leven '£nousanc ~Lshc Hundred ievency-fTq~'"'D'6'r~'~· and Tventy _C~nC· ~llocaced in ~e·olutlon Ho. 90-03~_eo payment Esr cae- wacez~anc wa·cewacer 1Lng· snail be allocaLed Co pay eddit~onal lift station cost·. City ·hall nsC, in any case, be liable ~or any additional co·C becau·e of delay· in besinnins, continuins or / compleCinS con·truccion; chanse· in the price .o? co~C of material.·, ·upplies, or labor; u~£or¶seen or uu~ntZc~atec because o~ Coposraphy, ·oil, ·umsurzace, or ocher sloe conoL clone, dif~erenoea in the calculated and actual per linear of pl~e or material· needed for the required facilities; Deve- loper · decision ae Co ~he contractors or subcontractors used Co ?r£oru chA york; or any ocher remiss or causes specified or nspoci£1ed, rol~cin8 Co Cha eon·CructLou of cha required ~, ViChin thirty (30) days o£ the accepCanoe of C.he faciliC~ee by tho City, Developer shAl~ ~ubeiC t~ Cha Executive DlrmcCor o£ Utilities ·at~szacCory oocuaenCac~on evidenc~n8 the expenditures for the completion of tho required faciliC~e·, Should the actual cost of the required facilities be lees Chart the cost on vhich the Cicyes share vas decernined, the CiCy*s share of the oeec ~hall bo. re~d proportionally! o? · per l~near £ooc basis, bases upon cae o~zzerence sE one actual costoft Cbs required facilic£e· and the determined co·c for required £acllicioso To determine chA actual co·C of the required facilities, City ·hall have cha right Co inspect any end all reoorde of Developer, hie eSonc·, empLoyees~ co~cra~cor· or subcontractors and ·hall have the rlshc co require ~eve~oper co submit an7 nocesear~ information, docuaonc·, invoices, receipts or ocher record· co verl~y the actual cost of the required £aciliCie·, 8, #lchiu chirC~ (~) days of the dace the Developer has submitted satisfactory documentation .of the. actual ~oec of_ch? required facilities,Cloy shall pay the DeveLoper ·ucn amount full, nSC Co exceed HlneCy-thrae Thousand Dollars ($93,000.00). 6, All notices, payments or communications Co bo SLues or made pur·uanC Co chis esreement by the parties hereto, ·hall be PAGE sene Co Developer aC Che business address $iven above and to the ExeouCive Director o£ UCiliCies for Oho ClOy &C che address given above. 7. Developer shall indemnl£7 end hold C~C7 harmless from and all.-claims, damages, loss or liabllit7 of any kind vhaCso ever, by reason o£ ~n]ury Co property or persons occasioned by &n~ acC. or omission, neSleot or wronsdoin$ of Developer, ica off~oere, asante, employees, invitees, conCrecCors or other ~ons. with reserd Co the per£ormanoe of this asreement, and Developer will, at its own cosC and expense, defend and proCeoC City esainsC any and all such claims and demands. 8. Xf Developer does nsc basin substantial construction Che required factltCims wiChin evolve (12) monchs of the effective dace of execuCion of Chis aSrmement, chis aSreemonC shall termimaCe. 9. This lnscrumenc embodies the whole asreemenC of Che parties hereCo and there are no promises, corms, condiCions or obllsac$ons ocher chart Chose ooncained herein. This asrmement shell eupercede all asreemenCs, eiCher verbal or w~iCCen, between the part&em hermes. 10. This alreemenC shell cha express wTltcen oonsenc o£ CiCy. IX. Any and all suiCs £or any breach o£_Ch&s oonCracC, or any ocher mute pertaining co or aris/nS ouC _o£ Chis conCraoC, shell be broughC and ma&ncained in a oourc o£ oompecenC in DentOn CounCy, Texas. gxeouCed Chis Cha day o£ , 1990. CAMPING WORLD, INC., OWNER BY: ATTEST: PAGE CITY OF DENTON, TEXAS BY: BOB C.,.q~TLEB~KR, Y~ HAYOK ATTEST: JENNXFEIt V;ALTEltS, CXTY SECB. ETARY BY: APPROVED AS TO LEGAL FOPJ'f** DEBBA A, DRAYOVXTCH, CXTY ATTOR/qEY BY** ~ PAGE "I='OEIVF__.D ;3::2 2 990 DUPLICATE CITY of DENTON, TEXA~ MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (8;7) 566 8200 June 21, 1990 Mr Tom Walker, D~rector of Real Estate Camping World, Inc. Three Springs Road PO BX 90018 Bowling Green, Kentucky 42102-9018 Dear Mr. Walker: Attached please fznd a Resolutzon passed by the Denton City Councll June 19, 1990. This resolutzon approves the fundzng of water and sewer llnes to serve property to be developed by Campzng world zn accordance with the approved guidelines of the Clty of Denton. As you are aware, the next step w211 De to obtazn final plat approval zn accordance wzth the Planning Department's plat approval procedures. Once this has been attained and your company has procured a contractor for construct2on, our staff wzll draw up the partlc~patzon contracts to be executed by the City and Camping World. We expect a streamllned and expedztlous process and look forward to Camplng World Joinzng the Denton Communlty. Please feel free to call me at (817) 566-8230 2f you have any questions. Executive D~rector of U~il~t~es Enclosure: Resolutlon No. R90-031 gcr 6788U~2 RESOLUTION NO.~~-/ A RESOLUTION APPROVING THE FUNDING OF WATER AND SEWER LINES TO SERVE PROPERTY TO BE DEVELOPED BY CAMPING WORLD, IN ACCORDANCE WITH THE APPROVED GUIDELINES FOR FUNDING AND SELECTING DEVELOPMENT PLAN WATER AND SEWER LINES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Camping World is proposing to construct a commercial facility in the proposed Western Hills Business Park within the City of Denton and has requested the city grant Incentives in accordance with the economic development policies of the Denton Development Plan; WHEREAS, the Public Utilities Board and Planning and Zoning Commission have recommended granting the request for City funding of sewer and water lines to serve the Camping World site; and WHEREAS, the City Council has determined that the request by Camping World meets the requirements and qualifications of the Guidelines for providing commercial development ~nfrastructure assistance; NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: f ~ That the request of Camping World for City unding of water and sewer lines to serve property to be developed as a commercial facility in the proposed Western Hills Business Park, Lot 1, Block A, is approved to the following extent: (A) The City of Denton will pay a maximum of $35,500 for the COnstruction of approximately 500 feet of eight inch (8") water line and approximately 400 feet of twelve inch (12") water line. (B) The City of Denton will pay a maxxmum of $22,500 for the ¢onstr~otion of approximately 900 feet of eight inch (8") sanitary sewer line and a maximum of $35,000 for either a lift station or the cost of excavation below eight feet for a gravity sanitary sewer line. (C) The City shall only pay the funds if Camping World develops ~he proposed site for a commercial facility. ~ That, as permitted by the Denton Development Code, Camping World shall be entitled to a waiver of the payment of water and sewer pro rata charges for connecting to the lines authorized to be constructed, if, at the time of the requested conneOtion, the lot to be served is being or has been developed by Camping World for the paz~cicular use for which development Infrastructure assistance has been approved. ~ That the cost of funding the approved waC:er and sewer lines shell be paid from the funds currently budgeted for economic developmen= purposes. PASSED AND APPROVED this the ~ay of , 1990 BOB CAST=BERRY, ATTEST: JENNIFER WALTERS, CITY SECRETLY APP~ED AS TO ~GAL FO~. DEB~ AD~I D~YOVITCH, CITY ATTO~EY 69024 June 15, 1990 11:44am PAGE 2 2988L ORDINANCE NO. ~ AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING WATER AND SEWER FACILITIES FOR CAMPING WORLD DEVELOPMENT; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to enter into an agreement to participate in the cost of providing water and sewer facilities to the Camping World development pursuant to the City's policy for extending development plan candidate water and sewer lines, as adopted by Resolution No. 89-019, March 7, 1989, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. S~CTION I. That the City Council hereby approves the Water and ~ewer Facility Participation Agreement, attached hereto, between the City and Camping World, Inc. to provide for the City's participation in the cost of providing the water and sewer facility in accordance with said agreement and the Mayor is hereby authorized to execute the agreement on behalf of the City. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective immed~ately upon its passage and )royal. PASSED AND APPROVED this~___~e~'day of_~m~~, 1990. BOB CASTLEBERRY, MA7 ATTEST: JENNIFER WALTERS, CITY SECRETARY DEB~ A. D~YOVITCM, CI~ ATTO~EY WATER AND SEWER FACILITY COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND CAMPING WORLD, INC. WHEREAS, Campin8 World, Inc., hereafter referred to as "Developer," whether one or more, whose business address is P. 0. Box 90018, Bowling Green, Kentucky 42102-9018, wishes to develop and improve certain real property located in the City of Denton, Texas or its extraterritorial Jurisdiction, and is required to provide such property with adequate water and sewer by designins, constructin8 and installing a water line of 6", 8" and 12'r size and a sewer line of 8" and 10" size across the width of subject property and a sewer lift station on the soutkern portion of subject property, hereafter referred to as "requ, ired facilities"; and WHF~EAS, the City of Denton, Texas, a municipal corporation located at 215 E. McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said required facilities to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City asree as follows' 1. Developer shall design, install and construct: A. A sewer line of 8" and 10" inside diameter size and approximately six hundred ninety-five (695') feet in lensth across the front width of Deve- loper's property; B. A sanitary sewer lift station on the southern portion of Developer's property; and C. A water line of 6", 8" and 11" inside diameter size and approximately nine hundred fifty-five (955') feet in length across the front width of Developer's property. and all necessary appurtenances thereto, located as shown on Exhibit "A", attached hereto and incorporated herein by reference. 2. Prior to beginning construction of the oversized facil- ities,, Developer shall obtain, at Develoner's sole cost ex pensm, all necessary permits~ licenses and easements. If easemehts are needed, the deeds therefore obtained by Developer shall ~e reviewed and approved as to form and substance by City prior to the beginning of construction. Any easements for the required facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the requl~ed facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. 3. The City's share in the cost of the required facilities, based upon Resolution No. 90-031 of the City Council dated June 19, 1990, shall be in an amount not to exceed Ninety-three Thousand Dollars ($93,000.00). However, Eleven Thousand Eight Hundred Seventy-five Dollars and Twenty Cents ($11,875.20) allocated in Resolution No. 90-031 to payment for the water and wastewater lines shall be allocated to pay additional lift station costs. City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construction; changes in the price or cost of materials, supplies, or labor, unforeseen or unanticipated cost because of topography, soil, subsurface, or other site condi- tions; differences in the calculated and actual per linear feet of pipe or materials needed for the required facilities, Deve- loper's decision as to the contractors or subcontractors used to perform the work, or any other reason or cause, specified or unspecified, relating to the construction of the required facilities. 4. Within thirty (30) days of the acceptance of the facilities by the City, Developer shall submit to the City's Executive Director of Utilities satisfactory documentation evidencing the expenditures for the completion of the required facilfties. Should the actual cost of the required facilities be less than the cost on which the City's share was determined, the City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the required facilities and the determined co~ for required facilities. To determine the actual cost the required facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or sub=ontractors and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the required facilities. 5. W~hin thirty (30) days of the date the Developer has submitted satisfactory documentation of the actual cost of the required facilities, City ~hall pay the Developer such amount in full, not to exceed Ninety three Thousand Dollars ($93,000.00). 6. All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shall be PAGE 2 sent to Developer at the business address given above and to the Executive Director of Utilities for the City at the address given, above. 7. Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatso- ever, by reason of injury to property or persons occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this agreement, and Developer will, at its own cost and expense, defend and protect City against any and all such claims and demands. 8. If Developer does not begin substantial construction of the required facilities within twelve (12) months of the effective date of execution of this agreement, this agreement shall terminate. 9, This instrument embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained herein. This agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 10. This agreement shall not be assigned by Developer without the express written consent of City. 11. Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this contract, shall be brought and maintained in a court of competent Jurisdiction in Denton County, Texas. Executed this the ~'~day of ~ , 1990. CAMPING WORLD, INC., OWNER ATTEST: SECRETARY ' /~/ PAGE 3 CITY OF DENTON, TEXAS BOB CASTLEBERRy, y ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 4 Ne t-Doeiument RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, DESIGNATING CERTAIN OFFICIALS TO ACT ON BEHALF OF THE CITY IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT TO PARTICIPATE IN THE GRANT PROGRAMS CERTIFYING THE CITY AS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE PROGRAMS; AND DECLARING AN EFFECTIVE DATE WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578), authorizing the Secretary of the Interior to provide financial assistance to states and their political subdivisions for outdoor recreation purposes; and W~EREAS, the Texas Legislature has approved Section 13 309 of the Pa~ks and Wildlife Code to allow the State of Texas and its political subdivisions to participate in the Federal program established under the Act or other programs established by the Federal Government, and WHEREAS, the Texas Legislature has approved Section 24 005 of the Parks and Wildlife Code to allow political subdivisions of the State of Texas to partlclpate in the Texas Local Parks, Recreation and Open Space Fund; and W~EREAS, the City is fully eligible to receive assistance under these Programs and wishes to authorize ~ts administrative staff to represent and act for the City in dealing with the Texas Parks and Wildlife Department concerning these Programs, NOW, THEREFORE, THE CQUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the City of Denton certifies that it ~s eligible to receive assistance under these programs and designates and authorizes the City Manager to represent and act for the City in dealing with the Texas Parks and Wildlife Department for the purpose of these programs. ~ECTION II That the City designates its Executive Director of Finance as the official authorized to serve as the City's fiscal officer to receive grant funds for these programs ECTI~II. That the Clty specifically authorizes the officials to make application to the Texas Parks and Wildlife Department concerning the site to be known as North Lakes Park in the Clty of Denton for use as a park site which will, upon PAGE 1 2896L RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITIES OF COLLEGE STATION, BRYAN, DENTON, GARLAND AND GREENVILLEv TEXAS FOR THE SALE AND PURCHASE OF WHOLESALE ELECTRIC SERVICE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the cities of Bryan, Denton, Garland and Greenville, Texas for the sale and purchase of wholesale electric service, under the terms and conditions contained ~n the agreement, a copy of which ~s attached hereto and made a part hereof. SECTION II. That th~s resolution shall become effective mediately upon its passage and approval. PASSED AND APPROVED this the /~r/~day of ~ , 1990. BOB CASTLEBERRY, MAY~R ATTEST JENNIFER WALTERSv CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH~ CITY ATTORNEY LC-50.5 FOR ~HOL~e~LE ELECTRIC SERVICE This Agreement is entered into by and between the City of College Station, a Texas Municipal Home-Rule corporation (hereinafter referred to as College Station) and the cities of Bryan,'Denton, Garland and Greenville, Texas, (hereinafter referred to as ,Supplying cities) for the sale and purchase of wholesale electric service. WHEREAS, College Station has a need for an economical, reliable source of power and energy to supply its residents and to meet the demands of its load growth; WHEREAS, the Supplying Cities each own and operate municipal electric generation and distribution systems which have enough capacity to meet their load and power requirements, as well as reserve requirements and other contractual requirements for the period of this contract; WHEREAS, certain Supplying Cities currently have sufficient capacity to provide College Station with electricity for its current load; WHEREAS, the Supplying cities desire to sell and College Station is willing to purchase power and energy on the terms and conditlions herein set forth; WHEREAS, the Interlocal Cooperation Act expressly allows cities to make mutually beneficial agreements for the sharing of services and functions so as to provide for the welfare of their citizens and obtain beneficial economical savings; WHEREAS, the Supplying Cities and College Station desire to participate together in the planning, construction and use of future generation facilities; NOW THEREFORE, in consideration of the mutual undertakings herein contained, the Supplying cities and College Station agree as follows: ARTICLE I. DEFINITIONS AS USED HEREIN (a) '~TMPA" shall mean the Texas Municipal Power Agency. (b) 'ICollege Station" shall mean the city of College Station, Texas. (c) "Supplying cities" shall mean the cities of Bryan, Texas; Denton, Texas; Garland, Texas; and Greenville, Texas. LC-50.5 ARTICLE II. SATE AND pURCHASE OF POWER AND ENERGY (a) The Supplying cities agree to provide and College Station agrees to purchase and to receive the total requirements for power and energy which College Station shall require for the operation of ~ts utility. (b) Power and energy supplied under this contract may only be used to supply College Station retail customers and may not be resold to other utilities at wholesale or sold to any person or business pursuant to a written contractual arrangement or other understandlng which differs in any respect from sales to the public generally. (c) Power and energy supplied pursuant to this agreement shall commence on the 1st day of January 1992. (d) In the event College Station determines that it will not participate with the Supplying cities ~n future generation, power and energy shall be supplied until the 31st day of December 1995 as provided herein. The Supplying cities will notify College Station two years prior to the time they will not have the capacity to supply College Station's required power and energy; in which event, without further liability to the Supplying cities, College Station shall be entitled to take all or part of its power and energy from another source. In that case, the Supplying cities will supply power and energy to College Station on a schedule to be mutually agreed upon one year prior to College Station's purchases from the other source. At any rate, the Supplying cities will not be required to build capacity for College Station's load if College Station does not particlpate in future generation projects. The Supplying cities agree to provide College Station w~th any and all information that would lead a reasonable person to conclude that the Supplying Cities will not have sufficient capacity to meet College Station's requirements as set forth in College Station's ten-year forecast. In the event College Station determines that it will participate with the Supplying cities on future generation projects, this agreement shall continue in full force and effect for College Station's load not supplied by these generation projects or generated by College Station as long as College Station is a participant in future projects or contractually jo~ns with the Supplying Cltles subject to rate changes as set forth in Schedule "A." (e) By February 1st of each year, College Station shall supply a ten-year forecast of its load, energy, and power requirements. The Supplying Citles shall supply requested increases in load, energy, and power requirements, subject to the terms of this contract. -2- LC-50.5 (f) The Supplying cities shall make all necessary arrangements for transmission of power and energy from their generation source to College Station's metering points and shall assume as a part of the scheduled rate charges all transmission costs. (g) The Supplying Cities shall use reasonable diligence to provide a constant and uninterrupted supply of power and energy hereunder. If the supply of power and energy shall fail, or be interrupted, or become defective by reason of force ma]eure as hereinafter provided, the Supplying Cities shall not be liable therefor or for damages caused thereby. (h) The obligation of College Station to purchase power and energy shall not be a debt of College Station, but shall be discharged as an operating of its electric utility and only from electric utility revenues. ARTICLE III. FUTURE GENERATION The Supplying cities shall notify College Station of the date that ~he Supplying cities have identified as the date that College Station must make a contractual commitment to participate in the next phase of generation, no less than one year in advance of the contractual decision date. College Station agrees to promptly provide the Supplying Cities with its decision with regard to participation by the 365th day of receipt of said notice from the Supplying Cities. The parties agree that College Station will be credited by the supplying cities an amount pursuant to Schedule "B" on College Statlonts participation or contractual joinder in future generation projects built by TMPA. The Supplying cities agree that they shall each use their best efforts to take necessary action to authorize and include the partloipation by College Station as an equal member of the future project to the extent permitted by law. The Supplying Cities and College Station shall jointly (each individual city's vote shall be based upon the vote of the voting members, each vote having equal weight) participate in the decision making process with regard to the construction of, financing of, and rates charged for generation by any new facilities. College Station upon sending notification to the Supplying Cities of its intent to participate in a future generation project shall utilize its best efforts to secure legal authorization to participate. ARTICLE IV. The amount of power provided by the Supplying Cltles ~n~tially shall be 110 MW of electric power. -3- LC-50.5 ARTICLE V. POINT(S~ OF DELIVERY (a) T~e Supplying cities shall deliver to College Station energy add power at three (3) phase, alternating current, at a nominal voltage of 138,000 volts, and a nominal frequency of sixty (60) hertz at College Station's South Substation and at its College Station Switch Station, and at other points or such different points or voltages as mutually agreed. (b) College Station shall maintain its system such that the power factor at each metering point shall be between .90 lagging and .90 leading. In the event that the power factor at the time of monthly peak demand is less than .90 lagging, the demand for billing purposes will be adjusted by the formula: Adjusted demand = Actual demand x .90 Power Factor ARTICLE VI. (a) Metering equipment shall be furnished, installed and maintained by the Supplying cities at each point of delivery to College Station at the high voltage side of the transforming equipment located there. The Supplying cities shall read meters or cause meters to be read and bill College Station for the power and energy furnished pursuant to this agreement at monthly intervals. (b) Slupplylng cities shall test and calIbrate meters or cause ~eters to be tested and calibrated by comparlson with accurate ~tandards at intervals of twelve months, or such other intervals as the parties agree. Supplying cities shall also make or cause to be made special meter tests at any time at ~ollege Station's request. The costs of all tests shall be borne by Supplying Cities, provided, however, that if any special meter test made at College Station's request shall disclose that the meters are recording accurately, College Station shall reimburse Supplying Cities for the cost of such ~est. The Supplying cities shall pay for the cost of the test whenever the test reveals the meter to be in error by more ~han one-half of one percent. The readings on any meter which Shall have been disclosed by test to be inaccurate shall be corrected from the beginning of the monthly billing period immediately preceding the billing perlod during which the tests are made in accordance with the percentage of inaccuracy found by such test, provided, that no correction shall be made for a longer period unless the Supplying cities and College Station mutually agree thereto. Should any meter fail to register, the power and energy delivered during such period of failure shall for billing purposes be estimated by the Supplying Cities and College Station from the best information available. The Supplying cities shall notify College Station -4- LC-50.5 or cause College Station to be notified in advance of the time of any meter reading or meter test. ARTICLE VII. RATES AND CHARGES (a) Supplying cities agree to sell and College Station agrees to purchase power and energy on the terms and conditions set forth herein. Supplying cities shall sell to College Station power and energy pursuant to Schedule "A" attached and incorporated herein. The rates and charges for the power and energy supplied are and shall be: (1) nondiscriminatory, and (2) fair and reasonable, and be based upon the Supplying Cities' average cost of providing the power and energy, and (3) said rates shall be adjusted annually to reflect the average costs per KWH as calculated on an annual basis, pursuant to Schedule "C" attached hereto. (b) The parties agree that the rates and charges designated in Schedule "A" are firm until College Station jointly participates in generating capacity that is in commerical operation or generates its own power and energy. In addition, average costs per KWH shall be calculated according to Schedule "C." However, on an annual basis, until College Station Jointly participates in generating capacity that is in commerical operation or generates its own power and energy, within 120 days of September 30 of each contract year, the Supplying Cities shall review their average costs per KWH for ~he preceding year es compared to the costs charged pursuant to Schedule "C" and shall rebate to College Station any funds overcharged during the twelve-month billing period following September 30 of each contract year in which the overcharges occurred. In the event said average costs per KWH are greater than the actual rates and charges, then no additional charges shall be made to College Station. (c) After College Station participates in generating capacity in commerical operation or generates its own power and energy the ~alculation of average costs shall be charged to reflect that reduced demand on the Supplying cities and then current Supplying city costs. ARTICLE VIII. (a) If College Station or the cities fail or default in meeting the terms of this agreement and such default continues for a period of fifteen (15) days, then the nondefaulting party -5- LC-50.5 shall give written notice to the defaulting party specifying the nature of the default and the remedy that it, the nondefaulting party, seeks to impose if such default is not remedied within fifteen (15) days. Upon the expiration of the fifteenth (15th) day, the nondefaulting party shall be entitled, unless otherwise ordered by a court or regulatory body, to terminate service or pursue other available remedies at law or in equity, including cancellation of the contract. (b) If College Station fails to make any payment (hereinafter called a default in payment) to the Supplying cities that it is required to make as payment for energy and power, and such default in payment continues for a period of fifteen (15) days, the Supplying cities shall give written notice to College Station. College Station shall, from the date of the mailing of such notice, have a period of thirty (30) days to pay the full amount then due to the Supplying Cities. (c) With regard to disputed payments College Station may elect to make payment under protest of the nondlsputed amount placing the disputed amount into escrow until the dispute is resolved ~ith the Supplying cities. Once the dispute is resolved, the revailing party shall be entitled to the disputed funds with interest. ARTICLE IX. The term "force majeure" as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders or action of any kind of government of the United States or of the state of Texas or any civil or military authority, insurrections, riots, epidemics, lightning, fire, sabotage, riot, disturbance, explosion, flood, earthquake, storm, hurricane, wind, accident, failure of performance on account of any other cause not reasonably within the control of the party claiming such inability. If for any reason of "force majeure" any of the parties hereto shall be rendered unable, wholly or in part, to carry out its obligations under this agreement then such party shall, give notice and the full particulars of such reasons in writing to the other party within a reasonable time after the occurFence of the event or cause relied on; the obligation of the party giving such notice, so far as it is affected by such particular "force majeure," shall be suspended during the continuance of the Inability then claimed, but for no longer perio4, and such party shall have the duty to endeavor to remove or overcome such inability with all reasonable dispatch. No damage shall: be recoverable from either party by reason of the causes abovel mentioned. It is further agreed, that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any "force majeure" shall be remedied within reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demand of opposing parties when such settlement is -6- LC-50.5 unfavorable to it in the Judgment of the party having the difficulty. ARTICLE X. GOVERNMENTAL REGULATIONS AND LAWS This agreement shall be subject to all of the valid rules, regula~ions, and laws applicable thereto, as promulgated by the Unitedl States of America, the state of Texas, or any other governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. ARTICLE XI. College Station and the Supplying Cities agree that the Suppl~ing Cities shall, when permitted by existing easement, have full access to such easements, rights-of-way or property held by College Station, if, and to the extent, reasonably required for the provision of power and energy to College Station and not Interfering with existing uses. ARTICLE XII. NOTICES AnY notice, request, demand, statement or bill provided for in this agreement shall be in writing and shall be considered to have been duly delivered when sent by registered or certified mail, addressed as follows, unless another address has been designated, in writing, by the party entitled to receive the same: CITY OF COLLEGE STATION Attn= city Manager P.O. Box 9960 College Station, TX 77842 CITY OF BRYAN Attn: city Manager P.O. Box 1000 Bryan, TX 77805 CITY OF DENTON Attn: city Manager 215 E. McKinney Denton, TX 76201 CITY OF GARLAND Attn: city Manager P.O. Box 469002 Garland, TX 75046 CITY OF GREENVILLE Attn: Director of Electric Utilities P.O. Box 1049 Greenville, TX 75401 -7- LC-50.5 ARTICLE XIII. APPROVALS It is agreed that the parties' participation in this agreement shall be subject to the approval of the appropriate governing bodies and authorization of the appropriate slgnature hereto. It is further agreed that the parties shall provide proof of authorization to sign this agreement. ARTICLE XIV. The Supplying cities shall prepare and issue to College Station a semiannual report of fuel costs and charges to College Station. The Supplying Citles shall also provide College Station with all reports and statements, not privileged by law or court decision, provided to them by TMPA, which reports shall lnclude but not be limited to (i) financial and operating statement relating to the TMPA system; (ii) status of construction for each facility constituting the TMPA system during construction; and (iii) analysis of operations relating to the TMPA system. ARTICLE XV. RECORDS AND ACCOUNTS The Supplying cities shall keep accurate records and accounts of the power and energy transaction with regard to College Station. Additionally, the Supplying cities shall provide, on reasonable request, access to all records and accounts of the cities' system and of the transactions relating to each facility constituting the cities' system to the extent such information is relevant to the calculation or verlfication of average system costs. This duty to provide access to information shall not extend to information prlvlleged by law or court decision. ARTICLE XVI. CONTRACTS TO BE SEPARATE This instrument embodies four separate contracts between the Supplying cities and College Station. Each Supplying City's obligation under this contract shall be llmlted to a proportion of the total requirements which is calculated by multiplying College Station's requirement by a fraction, the numerator of which is the difference between that city's available capacity, including its then current entitlement from Gibbons Creek and 1.15 times that city's native peak load, not Including other flrm or nonfirm sales and the denominator of which is the sum of these calculations for all the Supplying Cities. ARTICLE XVII. This agreement may not be assigned w~thout the written consent of all other partles to the agreement. -8- LC-50.5 ARTICLE XVIII. The effective date of this agreement shall be January 1, 1990. ARTICLE XIX. The parties hereto agree that if any of the provisions of this contraot should contravene or be held invalid under the laws of the state of Texas, such contravention or lnvalid~ty shall not invalidate the whole contract but ~t shall be construed as though not containing that particular provision, and the rights and obligation of the parties shall be construed and in force accordingly. ARTICLE XX. Notwithstanding anything in this agreement to the contrary, this contract may only be amended upon the written agreement of the parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed in their corporate names and their corporate seals affixed, all by the proper officer duly authorized thereunto, as of the day and year first hereinabove written. CITY OF COLLEGE STATION, TEXAS (Seal) May~ ~ ~ ATTEST: City Sectary CITY OF BRYAN, TEXAS (Seal) Mayor ATTEST: CitylSecreyary t -9- LC-50.5 CITY OF DENTON, TEXAS Mayor / (Seal) ATTEST: ci%y S~dretary ~'~--~CITY OF_ GARLAND, TEXAS (Seal) ATTEST: City Secretary CITY OF GREENVILLE, TEXAS Chazrman of Board (Seal) ATTEST: Secr'~tary o'f Board -10- LC-50,5 SCHEDULE A RATES Demand Charge ................ $11.78/KW Energy Charge ................. $ 2/MWH DEMAND CHARGE SHALL APPLY TO THE MAXIMUM HOURLY COINCIDENTAL METERED DEMAND RECORDED OVER THE BILLING MONTH (AS ADJUSTED FOR POWER FACTOR, IF NECESSARY). A MONTHLY FUEL CHARGE WILL BE MULTIPLIED BY THE ENERGY CONSUMPTION. THE FU~L CHARGE WILL BE THE AVERAGE COST OF FUEL FOR THE SUPPLYING CITIES. AND COLLEGE STATION. THE FUEL CHARGE WILL BE CALCULATED ON AN "ESTIMATE AND CORRECT" BASIS. THESE RATES WILL CONTINUE IN EFFECT UNTIL THE EARLIER OF DECEMBER 31, 1995 OR THE DATE OF COMMERCIAL OPERATION OF A GENERATING UNIT IN WHICH COLLEGE STATION IS EITHER THE JOINT OWNER OF GENERATING CAPACITY WITH TMPA OR PARTICIPANT WITH TMPA. AT THAT TIME NEW RATES WILL BE CALCULATED TO REFLECT THE REDUCED DEMAND ON THE SUPPLYING CITIES AND THEN CURRENT SUPPLYING CITY COSTS. LC-50.5 SCHEDULE B AT SUCH TIME THAT COLLEGE STATION JOINTLY PARTICIPATES WITH TMPA IN A TMPA PROJECT IN WHICH JOINT FACILITIES WITH AN EXISTING TMPA FACILITY EXISTS, THE VALUE OF THE PRO RATA SHARES OF THE EXISTING FACILITY WILL BE CALCULATED WHICH WILL SERVE THE NEW FACILITY. VALUE ISHALL BE INSTALLED COST, LESS DEPRECIATION. COLLEGE STATION WILL PAY, AS A PART OF ITS PAYMENT FOR THE NEW JOINT FACILITY, ITS SHARE OF THE EXISTING FACILITIES. THE SUPPLYING CITIES WILL NOT PARTICIPATE IN THE TMPA PROJECT UNLESS COLLEGE STATION IS CREDITED $6,000,000 IN THE CALCULATION OF EXISTING JOINT FACILITIES. THOSE EXISTING FACILITIES WHICH SERVE THE NEW FACILITY INCLUDE, BUT ARE NOT LIMITED TO, LAND, RESERVOIR, SUBSTATION AND TRANSMISSION FACILITIES, ADMINISTRATION AND MAINTENANCE FACILITIES, AND THE LIKE. -12- LC-50 5 SCHEDULE C THE SUPPLYING CITIES SHALL CALCULATE THEIR SYSTEM AVERAGE COSTS FOR THE P~RPOSES OF ADJUSTING RATES AS IN ARTICLE VII BY ANNUALLY SUMMING THE DEMAND CHARGES OF TMPA, THE ENERGY CHARGES OF TMPA, THE OPERATING AND MAINTENANCE COSTS FOR POWER GENERATION OF THE SUPPLYING CITIES, DEBT SERVICE FOR GENERATION OF THE SUPPLYING CITIES, AND ANY OTHER ASSOCIATED COSTS OF GENERATION OF THE SUPPLYING CITIES. -13- RESOLUTION NO /~ ~0 -03 4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UNITED STATES ARMY CORPS OF ENGINEERS TO ADMINISTER PROJECT LANDS AND WATER AREAS FOR RECREATION PURPOSES AND TO OPERATE, MAINTAIN AND REPLACE RECREATION FACILITIES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Dallas is a co-sponsor with the City of Denton on the Ray Roberts Project; and WHEREAS, the Cities of Dallas and Denton have contracted with the United States Army Corps of Engineers to administer pro]ect lands and water areas for recreation purposes and to operate, maintain and replace recreation facilities; and WHEREAS, in order for the Cities to administer these areas, a lease must be executed between the Cities and the United States Army Corps of Engineers; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Manager be and is hereby authorized to enter into the attached lease w~th the United States Army Corps of engineers SECTION II That thls resolution shall become effectively immediately upon lts passage and approval PASSED AND APPROVED th~s the /O~day of~,~x~ , 1990 BOB CASTL~BERRY, MA~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY N 1 § 1991 O DEPARTMENT OF THE ARMY FORT WORTH DISTRICT CORPS OF ENGIN£ER$ I= O BOX 17300 FORT WORTH T£XA$ 7~)102 0300 ,~,LVTO January 11, 1991 ATTENTION OF Real Estate Division SUBJECT Pubic Park and Recreation Lease, Cities of Dallas, Texas, and Denton, Texas, Ray Roberts Lake, Texas Mr. R. E. Nelson Executive Director Department of Utilities City of Denton 215 East McKlnney Street Denton, Texas 76201 Dear Mr. Nelson: Enclosed for your records is a fully executed copy of the subject lease. The lease has been assigned the number DACW63-1-91-0545 and became effective on December 13, 1990. Please refer to this number in a~y future correspondence. Thank you for your cooperation and if we can be of further assistance at anytime, please let us know. i;cerely, Chief, Estate Real Division Enclosure CITY OF DALLAS STATE OF TEXAS COUNTY, OF DALLAS CITY OF DALLAS I, Barry J. Davis, assistant city secretary of the C~ty of Dallas, Texas, do hereby certify that the attached is a true and correct copy of Resolution Number 90-1243 adopted by the City Council of the City of Dallas on April ll, 1990 WITNESS MY HAND AND THE SEAL OF THE CITY OF DALLAS, TEXAS. Assistant City Secretary May 1, 1990 DATE Ammle Taylor Prepared B~ .~UNCIL CHAMBER Apr'll ll, 1990 WHEREAS, the City of Dallas is a co-sponsor with the City of Denton on the Ray Roberts Project; and WHEREAS, the Cities of Dallas and Denton have contracted wlth the United States Army Corps of Engineers to administer project lands and water areas for recreation purposes and to operate, maintain and replace recreation facilities, and WHEREAS, in order for the Cities to administer these areas, a lease must be executed between the Cities and the United States Army Corps of Engineers; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS. Section l, That the City Manager be and is hereby authorized to enter into a lease with the United States Army Corps of Engineers after approval of the lease by the City Attorney. Section 2, That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved, CITY COUNCIL HEAD OP DEPARTMENT OIREC~fl Oi~ I~II~ANC E AI~ROVED ANAGER DEPARTMENT OF THE ARMY LEASE FOR PUBLIC PARK AND RECREATION PURPOSES RAY ROBERTS LAKE, TEXAS THE SECRETARY OF THE ARHY under authority of Section 4 of the Act of Congress approved 22 December 1944, as amended (16 USC 460d), and the Federal Water Project Recreation Act, 79 Stat. 214 (16 USC 460L-13), and pursuant to Contracts No. OACW63-80-C-0106 and No. DACW63-80-C-0107, hereinafter referred to as the Contracts, entered into on 16 September 1980, by and between the United States of America and the Cities of Dallas, Texas and Denton, Texas~ respectively, hereby grants to the Cities of Oallas and Oenton, hereinafter Jointly referred to as the Lessee, a lease for a period of fifty (50) years commencing on the date of execution hereof on behalf of the Untted States to use and occupy approximately 4,238 acres of land. and water areas under the primary Jurisdiction of the Department of the An~ at Ray Roberts Lake Project, Oenton, Cooke and Grayson Counties, Texas, hereinafter referred to as the premises, which is generally described as the area outlined in red on Exhibit B, which is attached hereto and made a part hereof. While the premises is shown on Exhibit B to extend to the 632.5 foot contour in park and access areas, this represents only the conservation pool elevation. Park and access areas within the premises shall be considered to extend to the waterline and shall also includeI all associated facilities such as docks, piers, boat ramps, and boat channels which may extend beyond or below said waterline. Also, such water areas which are directly associated with the park or access point, such as~ swimming areas and "no-woke zones" are also tncluded in the premise!s. The wetlands, to be developed by the parties hereto, shall be included under this lease and added hereto by supplemental agreement upon final agreement regarding site selection, THZS LEASE Is granted subject to the following conditions: 1. The Lessee shall conform to such regulations as the Secretary of the An~' may issue to govern the public use of the project area and shall comply with the provisions of the above cited Acts of Congress, The Lessee shall protect the premises from fire, vandalism, and soil erosion, other than shoreline erosion, and may make and enforce such ~equlations as are necessary and within its legal authority in exercising the privileges granted in this lease; provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with provisions of the above cited Acts of Congress. 2. The Lessee agrees to administer the premises for public park and recreation purposes and to bear the costs of operation, maintenance, and replacelnent of all facilities and improvements developed to support Project recreation opportunities on the premises (including fences). All structures, facilities, utilities, or improvements shall be constructed or accomplished in accordance with plans which have been approved in advance by the District Engineer. As used in this lease, the term "replacement" shall be construed to mean the replacement in whole or in part of any structure, facility, or improvement so worn or damaged by any cause as to no longer adequately serve ~ts designed functton w~th normal maintenance. The Lessee shall be gutded by an Annual Plan of Operation and Hatntenance tn furtherance of the Plan of Recreation Development and Management (Destgn Hemora~dum (DH) No. 8 Ray Roberts Lake Haster Plan, January, 1983, and DH No. 22 Recreation Facilities, as amended by Supplement No. 1), adopted pursuant to Article 2c of The Contracts, and the General Development Plan which ts attached hereto as £xh~btt C, whtch plans are by th~s reference mede a ,part hereof. On or before the anniversary date of the lease each year, the parttes shall agree on the Annual Plan whtch shall tnclude but ts not l~m~ted to the following: a, Plans for menagement activities to be undertaken by the Lessee Including Improvements and other facilities to be constructed thereon tn accordance wtth the contracts, and Including budget and personnel for carrying out sa~d activities, b, Report of the management, me~ntenance, and development accomplishments of the Lessee for the preceding year, ~ncludlng a report of pesticide use as required by Condition 16 hereof. c. S~gn~f~cent medtf~cat~ons of poltc~es or procedures which have developed or are tO be applied. d. IM~nor med~f~cat;ons to the Plan of Recreation Development and Hanagement (meJor modifications to be accomplished by amendment of the Plan), 3. Pursuant to Article 5 of the Contracts, fees and charges may be collected by the Lessee fn accordance wtth a schedule comparable to other Texas State Park untts. In addition, the Lessee and tts sublessees may conduct such revenue producing activities as are wtthtn the scope of Article 4 of the Contracts subject to the prJor approval of the 01strtct Engineer. The Lessee wt11 reserve at least one area at which access to the waters and shores of the lake may be reached wtthout Imposition of fees of any ktnd. Normal maintenance and cleanup wtll be provided at thts area. 4. The Lessee shall cut no tfmber, conduct no m~ntng operations, remove no sand~ gravel, or ktndred substances from the ground, com~t no waste of any ktnd, nor tn any manner substantially change the contour or condition of the premJses, except as may be authorized under and pursuant to CondJtton 2. The Lessee may salvage fallen or dead ttmber; however, no commercial use shall be made of such timber. Except for ttmber salvaged and sold by the Lessee when In the way of construction, all sales of forest products w~11 be conducted by the Government, and the proceeds therefrom shall not be available to the Lessee under the provisions of thts lease. 5. Upon the completion of tntttal recreational facilities the part~es hereto shall cause to be made an Inventory of all Improvements constructed tn whole or ~n part wtth Federal funds under the terms of the Contracts. From t~rne to ttmo there shall be added to satd Inventory such additional Improvements as may be constructed pursuant to the contracts. Certafn types of "AddJtlonal Facilities", Including but not ltmtted to restaurants, lodges,,golf courses, cabJns, clubhouses, overnight or vacatton type 4 structures, stables, marinas, swtmmtng pools, commissaries, chairlifts and such stmtlar revenue producing facilities constructed under the authority of Arttcle 4 of the Contracts shall not be added to this inventory, but, all such facilities shall be subject to the prior approval of plans by the Dtstrtct Engineer as stated in Condition 2. The inventory of improvements shall t,nclude descriptions and drawings sufficient to permit their identification, determine their condition and to replace them if required during the term or on the expiration or termination of this lease. Said inventory and all amendments thereto shall be approved in writing by authorized representatives of the parties hereto and shall thereupon become a part of this lease as if originally annexed and attached as Exhibit E. Upon the expiration, revocation, or termination of this lease a similar inventory and condition report shall be prepared and said inventory and condition report will constitute the basis for settlement by the Lessee with the District Engineer for leased property shown to be lost, damaged, or destroyed, any such property shall be either replaced or restored to the condition required by Condition No. 18 hereof, or at the election of the Government reimbursement made therefor by the Lessee at the current market value thereof. 6. The Lessee may grant permits and licenses and sublease all or portions of the leased property to third parties, for purposes which are consistent with the tams and conditions of this lease and with the Plan of Recreat4on Development and Management. All such grants shall state that they are granted subject to provisions of this lease. The terms and condttt,ons of third party grants shall ftrst be approved by the Dtstrtct Engineer tn wrtttng. Xn order to protect the Investment of sublessees, the 0tstrtct £ng~neer may approve subleases whlch requtre the Government to continue to honor such parts of the subleases whtch would assure the continuation of the subleased activities should there be a default by the Lessee whtch would result tn revocation o~ the prtme lease under Condition 17 hereof. 7. a. The Lessee shall be responsible at all t~mes for tnsurlng compliance by thtrd party grantees wtth all terms and conditions of thts lease and wtth all terms and conditions of ~ts respective third party grants. The Lessee w~11 be responsible for Inspecting and tnsurtng that correctt,ve actton ts prescribed and performed for all noncompliance. The Otstrtct Engineer, 11kewtse through hts duly authorized representative, reserves the rtght to also perform pertod~c compliance Inspections (Reference Conditions [! and ~2) and to requtre the Lessee to nottfy thtrd party grantees of deficiencies and prescribed corrective actton. b, The Dtstrtct £ngtneer ma~ also, tf continued and persistent violations warrant, requtre the Lessee, at 1ts own expense, to revoke thtrd party grants, remove the grantee from the premtses and restore the premtses to a condition satisfactory to the 01strict Engineer. c~ In addttton to the restoration provtded for tn Condttfon [8 of thfs lease, the Lessee shall upon revocatfon, or expiration of the lease, be responsfble for the prompt romoval of property and restoration of the premises under any third party grants. Said restoration shall be accomplished at no expense to the Government. 8..No permits, licenses, or subleases will be granted to adjacent private.property owners or others, for use, alteration, improvement, addition of facilities, or any other purpose which would confer upon them privileges not available to the general public or which would infer or imply exclusive private use of public lands. Any permits, licenses, or subleases granted to adjacent private property owners or others, for use, alteration, Improvement, addttton of facilities, or any other purposes will be conditioned such as; a, To not restrict use thereof by the general public, b. To permit free and unimpeded passage along the shore. c. To be compatible with the Project Master Plan, Resource Management Plan, and the Environmental Impact Statement adopted for the project. d. To have signs posted to the effect that "This is public property open to general public use." g, The Lessee shall establish and maintain adequate records and accounts and render annual statements of receipts and expenditures to the District Engineer, except for annual or weekly entrance fees which also are honored at other recreational areas operated by the Lessee. The District Engineer shall have the right to perform audits of the Lessee's records and accounts, and to require the Lessee to audit the records and accounts of 7 any sublessees, and furnish the Dtstr~ct Engtneer a copy of the results of such an audit. lO. The rates and prices charged by the Lessee or 1ts grantees for revenue producing activities shall be reasonable and comparable to rates charged for s~mtlar goods and services by others In the community and on the lakeo The Government shall have the rtght to revtew such rates and prtces and to requtre an Increase or reduction where tt ftnds the objective of this paragraph has been violated. Changes to the prtce schedule shall be submitted tn writing to the Olstrtct Engineer for approval In advance. ll. The right ts reserved to the Untted States, ~ts officers, agents, and employees, to enter upon the premises at any time to make Inspections concerning the operation and mtntenance of the lands and facilities provided hereunder, for any purpose necessary or convenient tn connection wtth river and harbor and flood control work, and to remove timber or other materta; reQutred for such work; to flood the premlses when necessary; and/or to make any other use of the land as may be necessary tn connection with publlc navigation and flood control; and the Lessee shall have no clalm for damages of any character or account thereof against the United States or any agent, officer, or employee thereof; provtded however that the Government shall give advance nottce of any such entry, or use of the premises to the State Park Manager, which shall tnclude a description of the use' or purpose of the entry. 8 12.~ Upon dlscovery of any condition that presents an tmmtnent and dangerous threat to the health and safety of the public, the Dtstrtct Engtneer may require that any part or all of the premtses be closed to the publlc bnt~l such condft;on Is corrected and danger to the public ~s ellm~nated. The determination of the Dtstr~ct Engtneer regarding the ex~sten;e of any danger to the public and the need for emergency closure of the prebtses shall be ftnal and conclusive. The Lessee shall have no clafm for damages agatnst the Untted States, or any offtcer, agency or employee thereof, on account of actton taken pursuant to thts condition. 13. At the commencement of operations on the premises, the Lessee wfll requtre 1ts grantees to obtatn from a reputable Insurance company, acceptal~le to the Government, 11ability or tndemnJty Insurance providing for 11mlts of no less than that whtch ~s prudent, reasonable, and consistent wlth sound busJness practices; or $1,000,000, whichever ~s greater, for any number of persons or clafms arlstng from any one ~nc~dent w~th re~)ect to bodily ~nJur~es or death resulting therefrom, and $100,000 for dam. tge to property suffered or alleged to have been suffered by any person Ir persons resulting from operations under the terms of th~s lease. Grantee shall require thetr ~nsurance carrier or carrters to furnish to the Les ~e a copy of the poltcy or pollcles, or If acceptable to the O~strtc EngJneer, certlf~cates of insurance evidencing the purchase of such tn ~rance by said grantee. The Lessee shall make such proof of tnsura: :e available to the O~strtct Engineer upon request. The Dlstrtct Engine; may reduce the 11mtts of 11abJltty fnsurance required, tf the g Lessee ~o requests and provides Justification based on the level and type of services to be provided by the grantee. The minimum amount of requtre~ liability insurance coverage is subject to revision by the District Engineer from time to time. The terms of this condition will not apply to Grantees which are self-insured Governmental entities. 14. This lease is subject to all existing easements, and easements subsequently granted, for roadways and utilities and for other purposes located or to be located on the premises; provided that the proposed grant of any easement will be coordinated with the lessee in advance and easements will nog be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the lessee. All outgrants on the premises will be granted in accordance with the approved proJectl Master Plan. 15. Within the limits of their respective lepal powers, the parties of this lease shall protect the project against pollution of its water. The Les)aa shall not discharge waste or effluent from the premises in such a menne that discharge will contaminate streams or other bodies of water or othe wise become a public nuisance. The Lessee shall comply promptly with an regulations, conditions, or instructions affecting the activity hereby uthortzed if and when issued by the Environmental Protection Agency Or any federal Agency, and/or a State, interstate or local Water Pollution Control Agency having Jurisdiction to abate or prevent water pollution. Such re ulattons, conditions, or instructions in effect or prescribed by the Env renmental Protection Agency or any Federal Agency, or State, 10 interstate or local agency are hereby made a condition of this lease. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the Lessee's activities, the Lessee shall be liable to restore the damaged resources. 16. The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, inclUding, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. The use and occupation of the premises shall be subject to the general supervision and approval of the Otstrtct Engineer and to such rules and regulations as may be prescribed from time to time. The Lessee shall additionally provide an annual report on the types and quantities of pesticides used on the premises during the previous year as'a part of the annual management plan. (Reference Condition 2b). =7,! This lease may be revoked by the Secretary of the Ar~O' in the J event the Lessee violates any of the terms and conditions of this lease and continues and persists therein for sixty (60) days after notice thereof, in wrtttng~ by the Otstrtct Engineer. Such a termination shall not derogate or dtmt~tsh such other remedtes tn law as n~, be available to the Governmmt and in no way shall it act to relieve the lessee of its responsibilities and obligations under the contracts. In lieu of revocatFon, the District Engineer, in his discretion, upon a ftndtng that a violation constitutes a health or safety hazard, may suspend the use of that operation or facility until such deficiency ts rectified. (Reference Condition 12). The lease may be rel~nqulshed by the Lessee by gtvtng three (3) years prior ~rttten notice to the United States tn the manner prescribed tn Condition 19. 18, On or before the date of expiration of this lease, the Lessee shall vacate the premises, remove its property therefrom, and restore the premises to a condition satisfactory to the District Engineer (normal wear and tear considered). If, however, this lease is revoked, the Lessee shall vacate the premises, remove its property therefrom, and restore the premtses as aforesaid within such time as the Otstrtct Engineer may designate, but not less than 120 da~s. Zn either event, tf the Lessee shall fat1 or neglect to remove its propert~y and so restore the premises, then at the optton of the District Engineer ~ts property shall either become property of the Untted States without compensatJon therefor, or the O1strfct Engineer m~y cause the property to be removed and no clalm for damaqes against the United States or its officers or agents shall be created by or made on account thereof. The Lessee shall also pay the Untted States on demand aRY reasonable sum which m~y be expended by the Untted States after the exPltratton, revocation or termination of this lease in restoring the premtse~. lg., All notices to be given pursuant to thls lease shall be addressed, if to the Lessee, to the Director, Dallas Water Utilities, City Hall, Oallas,~Texas 75201. The 01rector shall serve as the sole point of contact for the Lessee until otherwise mutually agreed to by the parties hereto. ]t shall be the Otrector~s responsibility to coordinate matters with the City of Denton. Notices to the Government shall be addressed to the District Engineer, Fort North Otstrtct, Corps of Engineers, ATTN: CESWF-RE-H, P.O. Box 17300, Fort North, Texas 76102-0500, or as may from time tO time be otherwise directed by the Government. Notice shall be deemed to have been duly given tf and when enclosed In a properly sealed envelope or wrapper, addressed as aforesaid, and deposited postage prepaid tn a post office or branch post office regularly maintained by the United States Government. 20. The Lessee shall not remove or disturb cultural resources, or cause or permit such resources to be removed or disturbed, unless such is approved in writing by the District Engineer. Cultural resources are defined herein to be any historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity. [¢ previously unidentified cultural resources are revealed on the premises, the Lessee shall immediately notify the District Engineer and the site and material shall be protected by the lessee from further disturbance until a professional examination of them can be made and clearance to proceed is authorized by the Otstrtct Engineer. For all future actions which may potentially affect known or unknown cultural resources, after initial park development, the Lessee shall be responsible for evaluation and potentlal mitigation costs, following all applicable guidelines of Federal preservation law. All such actions will likewise be coordinated in advance with the Dtstrtct £ngtneer. 21. The Lessee shall pay the cost of any electricity supplted to the premlses and shall contract independently wtth the supp]ter for its own account, All electrical and communication ltnes to be Installed on the premtses shall be routed underground where practtcab]e. A]I electrical installation wtll comply wtth the current edttton of the Nattonal Electrfc Code and/or the National £1ectrtc Safe~y Code, as applicable. Any lines whtch are ~o be Installed overhead shall comply with Engtneer Regulation 1110-2-4401. Pursuant to this requirement and until this condition Is amended, all overhead lines will meet or exceed the mintmum low-sag point elevations specified tn Exhtbtt D, whtch ts attached hereto and made a part hereof. No facilities wtll be Installed without wrttten approval from the Dlstrtc~ Engineer, of plans for construction, tn accordance with Condition 2. The, Lessee shall be responsible for insuring compllance with all state and local laws governing water quality and testing of water supplied to the premises and compliance with all state and local laws and standards governing wastewater facilities. 22. The Lessee shall not discriminate against any person or persons or exclude any persons from participation in the lessee's operations, programs, or acttvJtJes conducted on the premises, because of race, color, age, seX, handicap, national origin, religion, or place of residency. The Lessee, by acceptance of this lease hereby gives assurance that tt w111 comply with Tttle VI of the Ctvtl Rights Act of 1964 as amended, (42 USC 2000d); the Age Discrimination Act of 1975 (42 USC 6102), the 14 Rehabilitation Act of 1973, as amended (2g USC 794); and all requirements imposed by or pursuant to the Department of Defense Directive 5500.11, Hay 27, Ig71. The assurance shall be binding on the Lessee, its agents, successors, transferees, sublessees and assignees. 23. The Lessee shall not permit gambling on the premises, or Install or operate, or permit to be installed or operated thereon, any device which, in the opinion of the District Engineer is contrary to good metals or is otherwise obJectlonable; or use the premtses or permit them to be used for any illegal or immoral business or purpose; there shall not be carried on or permitted upon the premises any activity which would constitute a nuisance. The Lessee shall not sell, store, or dispense, or permtt the sale, storage, or dispensing of beer or other intoxicating liquors without prior written permission from the District Engineer. 24. a. The Government will take all reasonable precautions to prevent damage to the park environment and to avoid disruption of park operations and recreation activities which mtght be caused by future mineral exploration and ~ecovery activities. The Government will inform the Lessee in advance ~hen such activities are proposed and will give due regard to the Lessee's co~ents and recommendations regarding protection and mitigation measures, as long as these measures do not abridge the lawful rights of the mineral estate owners. b. As to federally owned mineral interest, it is understood that they may be included in present or future mineral leases issued by the 15 Bureau of Land Management (BLM), which has responsibility for mtneral development on Federal lands, The Department of the Amty wtll requtre lease istipulattons to BLM that are designed to ,protect the premises from activities that would interfere with the Lessee s operations or would be contrary to local laws, IN WITNESS WHEREOF, I have hereunto set n~ hand by direction of the Assistant Secretary of the Army (I&L) this /~ day of This lease has been executed by the~City of Dallas on the c-~'~ day of ~'~[ , 19 90, and by the City of Denton on the /o~ day of ~ 19 ~. CITY OF DALLAS CITY OF DENTON Richard Knight, Jr,, City Manager BOB CASTLEBERRY / Mayor APPROVED AS TO FORM: ATTEST: ~/~/~ /~/ Analeslte Muncy, City Attorney BY: C~/-/ . 'Jennl ~e~ Walter BY: - APPROVED AS TO LEGAL FORM: ~A~slstant City ~U~,ttedtoYClty~ DY: O- Oe)~'ora~ Adam1 D1,ayOvltCh 16 C~y Attorney I Baz-z~, J. ~aws ., certtfy that I am the Assistant C~t~l Sec~et~3_~-y of the Ct~ o~ Dallas, Texas, na~d as Lessee here~n; that Clifford V Keheley ,~ , who s~gned th~s lease on behal~ of the C~ty of Dallas, Texas was then Assistant C~ty Manager of th~ City; and that said lease was duly stgned for and on behalf of the Cl~y of Pal]as, Texas by authority of its governing bo~ and ~s w~th~n the scope of ~ts corporate powers, (SEAL) ] Bett~ W~ll~ams , certlf~ that ] am the Deput~= C~ts Secretar~ of the City of Denton, Texas, na~d as Lessee herein; that Bob Castleberr7 , who s~gned th~s lease on behalf of the C~ty of Denton, Texas was then Mayor of the City: and that satd lease was duly stgned for and on behalf of the Ctty Of Denton, Texas by authority of its governing bo~ and ~s w~tMn the scope,of ~ts corporate powers, (SEAL) 17 -~ Z~ (iLl Exhibit A-1 Recreation Area and Acreage Isle du-Bois Park 1687 Acres Johnson Branch Park 1514 Acres Pond Creek Access Area 20 Acres Sanger Access Area 20 Acres Pecan Creek Access Area 48 Acres Buck Creek Access Area 11 Acres Jordan Park 350 Acres Low Oens~ty Area between Isle du-Bots Park and Jordan Park 461 Acres Ordinance 3 l-~q,qx3 , 9~ j.o 6 :~e~4S 3 ~- Lq I'4X3 3 ~- Lq L!4X':I ' ~ 6~S 57 697 S 6~ ~ 5 IIOTtS' 1. Sailboat rigging Ind l,unching ir,H shell hove clearancou of S foot grouter than th,ye given above 2. AIl indicated v~ltaps ire ~hivo to ground, nye circuit voltage Mat he converted to this basis to doternlM clearances 3. Lu voltage couunicatio~ lines as defined in hctlon 2 of #ftC, (1984 Edition) ahill have a ,lnimun vertical clear,cs of 52 feet. ~ Exhibit D "Ray H Buntzng# WHEREAS, Ray Bunting is retiring a~ter over 18 years of dedlcated service to the City of Denton since his employment on November 16, 1971, and WHEREAS, during his career with the Clty, Ray Buntlng has consistently maintained an attitude of cooperation with and dedication to the stated goals of the Building Inspections Department of the City of Denton; and WHEREAS, Ray B~ntlng has exhibited outstandlng expertise, dedicating much t~me and effort in assisting with the work of the Bulldlng Inspectzons Department and has shown great spirit in encouraglng community involvement in the best lnterests of the clt*zens of Denton; and WHEREAS, Ray Bunting has alwa]s served above and beyond the mere efficient discharge of his duties and has re- sponded to bls dutles in a loyal, trustworthy and extremsly faithful manner, in a spirit of cooperation with his fellow employees, and in the best interests of the cltlzens of the community; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TEE CITY OF DENTON, TEXAS That the sincere and warm appreciation of the City Council be formally conveyed to Ray Hunting in a permanent manner by spreading this Resolution upon the official minutes of the City Council and forwar~ to him a true copy hereof PASSED AND APPROVED this//'~day of July, 1990 ATTEST ~ROVSD ~ TO LEGAL FORM DEBRA ADAMI DRAYOVITCE, CITY ATTORNEY ! RESOLUTION NO~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN URBAN HOMESTEADING PROGRAM APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; APPROVING AN AGREE- MENT WITH THE DENTON COUNTY HOUSING FINANCE CORPORATION TO ACT AS THE LOCAL URBAN HOMESTEADING AGENCY TO IMPLEMENT THE PROGRAM IF FUNDED; AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S AUTHO- RIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE URBAN HOMESTEAD PROGRAM; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the federal Urban Homestead Program was created to use existing housing stock to provide homeownershlp opportunities, primarily for lower income families, thereby encouraging public and private investment in selected neighborhoods and assisting in their preservation and revitalization; and WHEREAS, the program provides for the transfer without payment to a local urban homesteading agency of federally owned properties for use in a HUD-approved local urban homesteading program, and WHEREAS, it is necessary and in the best interest of the City of Denton to apply for funding under the Urban Homesteading Program to meet the objectives and needs set forth above; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That a Urban Homesteading Grants Program appllca- tion lS hereby authorized to be filed on behalf of the City with the Department of Housing and Urban Development. ~ That as part of the application process, and to provide for Implementation of the Local Urban Homesteading Program if funding becomes available, the City approves the attached Agreement between the city of Denton and the Denton Housing Finance Corporation. ~ That the City Council designates the City Manager as the City's authorized representatlve to act in all matters in connection with this application and implementation of the City's participation in the Local Urban Homesteading Program ~ That this resolution shall become effective immediately upon its passage and approval BOB CASTLEBERRY, MA~ ~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~-- APPROVED AS TO LEGAL FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY urban~es AGREEMENT BY MD BETNEEN THE CITY OF DENTON ~ND THE DENTON COUNTY HOUSING FIN~CE CORPOI~T~ON This Agreement is entered into by and between the Denton county Housing Finance Corporation (the ,,Corporation"), acting by and through its duly authorized president and the city of Denton, a home rule municipality of Denton county, Texas, (the "City"), For and in consideration of the mutual covenants and agree- ments of each, the parties agree as follows: I. The parties agree to cooperate in the implementation of a Local Urban Homesteading Program (the ,,Program") under which eligible individuals will receive single family residences which must be rehabilitated and used as residences, pursuant to the Housing and Community Development Act of 1974 and regulations of the United States Department of Housing and Urban Development ("HUD") II. The parties agree to perform in compliance with the terms of the Urban Homesteading Agreement III. The Corporation agrees to accept title to properties eligible to be conveyed under the Program and to convey these properties to eligible individuals who qualify as ,,homesteaders" under the Program. IV. The city shall protect and indemnify the Corporation, its directors, officers, agents and employees from and against all liability, losses, damages, costs, expenses (including attorneys' fees), taxes, causes of action, suits, claims, demands and judgments of any nature of, from, by or on behalf of any person arising in any manner from this Agreement or in connection with the Program or the financing of the Program, including those arising from (1) any work done in connection with the Program (il) any breach or default on the part of the City in the performance of any of its obligations under this Agreement, (111) any violation of a contract or restriction by the city relating to the Program or this Agreement, and (iv) any violation of a law, ordinance, or regula- tion affecting the Program or any part thereof or the ownership or occupancy or use or any property provided under the Program The city agrees to perform all administrative functlons and to carry out all Program activities on behalf of the Corporation in accordance with the Urban Homesteading Agreement and the Program Guidelines. The activities are more particularly described below- (1) Perform all activities related to the selec- tion of eligible properties, including revlew of property lists, preparation of rehabilita- tion cost estimates and all communications and documents necessary to accept conveyances of selected properties to the Corporatlon; (2) Provide security and maintenance of un~ts conveyed to the Corporation, (3) Advertise the Program, (4) Perform all activities necessary for selection of homesteaders, including the application process, verifying ~nformatlon on applications and rejection and acceptance of homesteader candidates based on the applications; (5) Perform all activities necessary to match homesteaders with selected un~ts; (6) Assist homesteaders in seeking property reha- bilitation financlng; (7) Prepare all documents and participate ~n all activities necessary for conveyance of proper- ty to homesteaders, including the closing of the transactions; (8) Monitor rehabilitation actlvit~es on each unit and perform periodic inspectlons; (9) Monitor homesteader compliance with the Pro- gram guidelines and conveyance documents and conditions; (L0) Perform actlvities necessary to the closeout of the Program. The City agrees to bear all costs ~ncurred by the Corporation connection with this Agreement and nothing shall require the Corporatlon to expend any of its funds an connection w~th the PAGE 2 performance by the Corporation of 1ts duties under the Program or any Urban Homesteading Agreement. IN WITNESS WHEREOF th~es hereto/~ve~made and entered into this agreement this day of ~, 1990, in Denton, Texas. DENTON COUNTY HOUSING FINANCE CORPORATION ' O ATTEST: ~ BOB CASTLEBERRY, MA7 ATTEST~ JENNIFER WALTERS, CITY SECRETARY BY'~ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PAGE 3 RESOLUTION NO. ~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF COMMERCE FOR AN ENTERPRISE ZONE (ENTERPRISE ZONE I) WITHIN THE LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: S_~_~. That the Mayor is authorized to execute an agreement between the City of Denton and the Texas Department of Commerce for designation of an enterprise zone, under the terms and conditions contained within said agreement, a copy of which is attached hereto and made a part hereof S_~_T~. That this resolution shall become effective immediately upon its passage and appro~l. AND APPROVED this the /~'-day of ~~_~, 1990. PASSED BOB CASTLEBERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY ! APP~ED ~TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY enterpr. I ~ AGREEMENT FOR DESiGNATiON OF AN ENTERPRISE ZONE THIS AGREEMENT Is made and entered into this 21st day of June, 1990, by and between the Texas Department of Commerce, an agency of the State of Texas, hereinafter referred to as "Department" and the City of Denton, Texas hereinafter referred to as "Unit" WITNESSETH WHEREAS the public policy of this state is to provide the people of this state with the necessary Imeans to assist communities, the r residents, and the private sector to create the proper economic and social environment to Induce the Investment of private resources in productive Ibuslness enterpnses located in severely d~stressed areas and to provide employment to resldent~ of those areas, WHEREAS, the objective of the Texas Enterprise Zone Act, Texas Civil Statutes, Article 5190 7 (the Act) Is to provide appropriate investments, tax benefits, and regulatory relief to encouragelthe business community to commit Its financial participation (Sec 2(b)), WHEREAS,I the revitalization of enterprise zones through the concerted efforts of governmerlt and private sector Is dsclared a public purpose, WHEREAS, Unit requested Department to designate an area within Its jurisdiction as an enterprise zone, which Is described in Exhibit A and Exhibit B attsched hereto, WriER -:AS, Unit filed Its application on May 7, 1990, with Department for designation of an enterprise [one pursuant to the Act for the purpose of revitalizing the area described herein, WriER-:AS, the governing body of Unit adopted a ordinance on May 1, 1990, following a public hea~ lng, to nominate the area and made the necessary finding that the zone area meets the criteria for designation as an enterprise zone as set forth In the Act, WHEREAS, the Executive Director acting on behalf of Department authorized and approved the designation of the enterprise zone on June 21, 1990, under the terms and conditions of the Act and th )se set fodh herein; WriER EAS, Unit has entered or will enter Into agreements with Qualified Businesses, as dehned in the ACt and as fudher defined in its nominating resolution, In which the Qualified Businesee agree to maintain their status as Qualified Businesses In order to benefit from the local Incal itlves available and In whioh Unit provides for certain local Incentives, pursuant to the terms )f the ACt, NOW "'HEREFORE, in consideration of the respective representations and agreements herein contained the parties hereto agree as follows' I RF.~R~ATIONS. Department and Unit represent and warrant, as applicable, the following J Page I of 5 (a)! Findings Based upon the representations made by Unit, Department hereby reaffirms previous findings that the zone area meets the criteria for designation as an enterprise ;=one as set forth In the Act. (b) Deslan~tlon of Enterorl~e Zone Department hereby designates the area described Irt Exhibit A and Exhibit B attached hereto as an enterprise zone, known as the Denton Enterprise Zone I, ecmetlmes referred to herein as the Zone (c i period of Zone Designation, The Zone shall take effect on June 21, 1990, and terminate on September 1, 1997, unless otherwise specifically provided by the terms of this Agreement, Department may remove the dasignaton, fo owing a public hearing, If the area no longer me~ts the crlter a for desgnatlon as set out in the Act or by Department rule or if Department determines that the governing body has not complied with comm tments made in the nominating resolution (d) ~ Unit has designated Its Executive Director of Economic Development as liaison to communicate end negotiate with Department, enterprise projects, Qualified E~usineseas, and other entitles In or affected by the Zone (e) ~ Unit further represents that the data provided to Department is accurate and current as of the date of application, and that there has been no material adverse change In the affalrs of Unit 2 ~ Unit represents and warrants that It will provide all tax relief and other Incarttlvas or benefits described in Its application for zone designation Including, but not limited to ~he following. Unit shall abate taxes on the Increase In value of real and personal property improvements for new, ,expanding and modernizing basic industries, corporate office headquarters and distribution centers In a designated zone The level of abatement shall be based upon the value of the improvements and personal property in accordance with Unit's policy for tax abatement 3 REPORTING REQUIRFJVlla,~TS. Unit shall submit to Department no later than October 1 of each year an annual report of the progress, In narrative form, of activities within the Zone This report shall be In a format prescribed by Department and shall Include the Information specified In Section 23 of the N3t. If such report Is not received by the deadline, Department may, following a public heedng, terminate the designation of the zone 4 ~. (a) Unit shall furnish additional information, reports or statements as Department may from time to time request In connection with this Agreement in order to verify data relating to employment and purchases of equipment, machinery or building materials l sold to an enterprise project, Unit and Qualified Businesses must permit on reasonab e notice a representative of Department, State Auditor or State Comptroller's Office to inspect the books, records, and properties of Unit and of each Q. uallfl.ed Bus. lnese a! rea.~..nab!e t~mes andlto make ~op es and abstracts of such books and reco~s a..na any c~u. men..? r~asn..g., to. such data. Unit shall Include the substance of this section ;n al~ agreements w,m uummea Businesses executed under the provisions of the A~t, (1~) After each monitoring visit Department shall provide Unit with a written report of the monitor's findings w th n s xty (60) days If the monitoring reports note deficlenclas In Unit's performance, the report she nclude requirements for timely correction of such deficiencies by Unit. Failure by Unit to take a¢tlon specified In the monitoring report may be cause forltermlnatlon of this Agreement, as provided herein Page 2 of $ ; C'Z'~FUCTOFINTF_RF.S~. fa} Unit covenants that neither It nor any member of Its gov;rn, :ny',.te. est or which could conflict In any manner or aegree With me penorma.~,e further coyanante that In the performance of this Agreement no person having such Interest shall be e~npioyed or appointed by it. (b) Unit's empoyeas, officers, and/or agents shall neither, solicit nor accept gratuities,I favors, or anything of monetary value from Qual f ed Businesses or potential Qualified Businesses (c,) Unit shall comply with all terms and provisions of Texas Local Government Cede, Chapter 171 6 t~ fa) Unit represents and warrants that It possesses the legal authori Is Agreement and to perform the services it has obligated Itself to perform hereunder. ( b~ ) The person or persons signing and executing this Agreement on behalf of Unit, or represent!rig themselves as signing and executing this Agreement on behalf of such entity, do hereby represent and warrant and guarantee that he she or they have been duly authorized by such entily to execute this Agreement on behalf of such entity and to validly and legally bind such entity to all terms, performances, and provisions herein set forth (¢) Department shall have the fight to terminate this Agreement If there Is a dispute as to th~. legal authority of Unit or the person signing this Agreement to enter Into this Agreemel ~t or to render performances hereunder, and the conclusion of that dispute Is that Unit or such ~rson signing did not have such authority. 7 CI {ANn~.~ANDAMFN~VlI~TS fa) Except as specifically provided otherwise in this Agre, iment, any alterations, additions, or deletions to the terms of this Agreement shall be by amen( merit hereto In writing and executed by all parties to this Agreement (I ~ It Is understood and agreed by the parties hereto that performances under this Agreeme must be rendered in accordance with the Act, the regulations promulgated under the Act, and he assurances and cartlfioaflons made to Department by Unit with regard to the operation of the Texas Enterprise Zone Program. Based on these considerations, and in order to ensure tf e legs and effective performancos under this Agreement by both parties, It Is agreed by the lrties hereto that the performances under th s Agreement are amended by rules or policy clPl 'ectlves promulgated by Department which serve to establish, interpret, or clarify performs Icc requirements under this Agreement. Policy directives and rule amendments shall not alter he terms of this Agreement so as to release Department of any obligation specified herein (, t Any alterations, eddtons, or deletons to the terms of this Agreement which are required y changes n Federal or state aw or regulations are automatically incorporated Into this Agn ~ment without written amendment hereto, and sha become effect ve on the date designat~ by such law or regulations Department hereby agrees to notify Unit in writing of any such alterations, additions or deletions of which It has knowledge within sixty (60) days of acquiring that knowledge 8 ~a fa) Department shall have the right to terminate this Agreement, In whol t any time before the date of completion specified In Paragraph I(c) of Page 3 of 5 this Agreement whenever Department determines that Unit has felled to comply with any provision lof the N3t or TQxae Enterprlee Program Rules. Department shall notify Unll In writing p,rlor to the aixtleth (60th) day preceding the date of termination of such determlne~ion, the reasons for such termination, the effe=tive date of such termination, and In the case ~)f partial termination, the portion of the Agreement to be terminated. In the eaas of termination In whole, or in part, Department shall conduct e public hearing prior to the effective date of termination (b,) All of the parties to this Agreement shall have the right to terminate this Agreement, In whole or In part, when all partlee agree that the continuation of the actlvltias allowed under this Agreement would not produr, e beneficial results, provided that all parties agree In ,writing upon the termination conditions, Including the effective date of such termination; and In the ease of partial termlnatlon, the portion of the Agreement to be terminated, A public notice of termination of this Agreement shall also be published by Unit In a local newspaper covering Jurisdiction of Unit, g ~ Unless otherwise specifically provided heraln, any notice, request, complaint; demand, communleation or other paper shall be sufficiently given and shall be deemed g{ven when the same are: (I) deposited In the United States mall and sent by first class mall, postage prepaid; or (11) delivered In each ossa to the partlee at the addresses set forth below or at such other address as a party may designate by notico to the other parties If to Unit. City of Denton 215 E MoKInney Denton, Texas 78201 ~:n ~ob Castleberry, MaYor If to Department. Texas Department of Commeme 816 Congress, Suite 700 Post Office Box 12728 Austin, TeXas 78711 Attn' ExeCutive Director 1 0 ;~ All oral and written agreements among the parties to this Agreemen~ relating to the subject matter of this Agreement that were made prior to the execution Of this Agreement have been reduced to writing and are contained In this Agreement. 11 S~E~ILITY. If any provision of this Agreement shall for any reason be held Invalid, Illegal, or unenforceable, It Is the Intent of the parties hereto that the remaining provisions of this Agreement shall be construed and enforced to the full extent permitted at law or In equity. Page 4 of $ 1 2 ~ This Agreement may be executed in several counterparts, each of which shall be an original arid all of which shall constitute but one and the same instrument 13 ~ The attachments enumerated and denominated below are hereby made e part of th~ agreement, and constitute ixomlsed performances by Unit In m~ordanne with this agreement. ( 1 ) Exhibit A, Legal Desorlption of the Zone; and ( 2 ) Exhibit B, M~, Witness our hands effective this 21st day of June, 1990. Bob C&st:].eberry ~ William D Taylor ITS Mayor / ITS Executive Director Page 5 of 5 EXHIBIT "A" The general description of the area of the Enterprise Zone I as fol%ows: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas and being more particularly described as follows: BEGINNING at the intersection of the centerllne of Jim Christal Road w~th the centerllne of North Hickory Creek; THENCEI in an easterly d~rectlon with the centerllne of Jim Christal road to the centerllne of the Dry Fork of Hickory Creek, THENCEI with the meander of the Dry Fork of Hickory Creek to the ~nters~ct~on w~th a westerly line of the Clear Zone of the City of Denton MunIcipal Airport, THENCEI w~t~ the westerly line of said Clear Zone the following nine courses and distances: (1) sgutheasterly 1,250'; (2) westerly 550'; (3) southeasterly 500,;(14) westerly 100'; (5) southwesterly 700'; (6) easterly 210'; ,(7) southerly 5,370'; (8) easterly 630'; (9) southerly 260' to the intersection of the west l~ne of said Clear Zone with the north floodpla:n line of Hickory Creek as shown on FIRM MAP Communlity Panel number 4801940015D; THENCg down the said north floodplain line of Hickory Creek to the l~tersectlon w~th the southerly cLty lxm~t l~ne; THENC~ easterly 250' to an angle point xn said city llmxts line; THENCE in a northerly direction with the easterly line of said czty limit and Clear Zone the following slx courses and distances; northerly 700'; (2) easterly 100'; (3) northerly 6,500'; (4) ~[thWesterly 350'; (5)westerly 50'; (6)northeasterly 850' to the ~tersectlon w~th the centerllne of the Dry Fork of Hickory Creeki THENC~ w~th the meanders of the Dry Fork of Hickory Creek to the ~ntersectlon with a stream from the northeast (Stream DF-2 on FIRM ~aps); northeasterly dxrectlon with Stream DF-2 to the THENC~ in a cente~line of J~m ChrLstal road; THENC~ ~n an easterly direction w~th the centerllne of Jim Christal Road and crossing the centerl~ne of Interstate Highway iH-351and continuing with the centerline of Scripture Street to a polnt'in the centerlxne of Ponder Street; THENC~ ~n a northeasterly d~rectlon with the centerllne of Ponder Stree~ to a point in the centerllne of Congress Street; Zone I page 2 THENCE in an easterly direction with the centerllne of Congress Street to a point In the centerllne of Carroll Boulevard; THENCE in a southerly direction with the centerllne of Carroll Boulevard to a point in the centerllne of West H~ckory Street; THENCE ~n a westerly direction with the centerl~ne of West H~ckory Street to a point in the centerllne of Bernard Street; THENCE ~n a southerly d~rect~on with the centerl~ne of Bernard Street to a point in the centerllne of Eagle Drive, THENCE,in a westerly direction w~th the centerllne of Eagle Dr~ve to a point ~n the centerllne of Avenue D, THENCE in a northerly direction w~th the centerllne of Avenue D to the centerllne of Prairie Street; THENCE in a westerly direction with the centerl~ne of Prairie Street to a point in the centerl~ne of Avenue E; THENCE in a southerly direction with the centerllne of Avenue E to a ~o~nt where the eastward extension of the south boundary line of the Owsley Addxtion ~ntersects the centerl~ne of Avenue E; THENCE ~n a westerly direction w~th the south boundary lane of the Owsley Addition to the oenterllne of Bonnie Brae Street; THENCE in a northerly direct~on wxth the centerlxne of Bonnie Brae S~reet to a point in the centerl~ne of West Praxr~e Street; THENCE~ in a westerly direction wlth the centerlxne of West Praxrle Street to a point in the baseline of Interstate Highway I35W,, THENCE in a southerly d~rectlon with the baseline of I35-W to a point ~n the center of Hickory Creek, THENC~ in an easterly and southerly d~rectlon with the meanders of Hickory Creek to a polnt ~n the east boundary llne of the S. prl,tchett Survey Abst. No. 1021; THENCE ~n a southerly dxrectlon with the east boundary line of the S.' Prltchett survey line a distance of 1,500 feet to a point; THENCE in an easterly d~rect~on to the centerllne of Bonnie Brae; THENCE in a southerly direction w~th the centerllne of Bonnie Brae ~to the northwest corner of the J. Severe Survey Abst. No. 1164; THENCE ina easterly direction along the north boundary line of sa~d survey to the centerl~ne of the Un~on Pacific Railroad; Zone I page 3 THENCE lin a southwesterly direction with the centerllne of the Un~on ~aclflc Rallroad to a point ~n the north l~ne of the H. Hagood Survey A-517 Denton County, Texas, THENCE in a westerly dlrectlon with the north llne of sazd Hagood Survey ~o zts most northerly northwest corner; THENCE l~n a southerly direction with a westerly line of said Hagood :Survey to a re-entrant corner of said survey; THENCE ~n ~ west~r~v dIrection wzth the center of Johnson Lane and continuing in a westerly direction to the baselzne of IH-35W; THENCE ~n a southwesterly d~rect~on w~th the baselzne of iH-35W a dzstan~c of 2009' to a poznt fcra corner, THENCE in a northwesterly and a r~ght angle to the previous course 1750' to a poznt for a corner; THENCE in a northeasterly d~rect~on parallel with and 1750' northwesterly, from the basellne of IH-35W a dzstance of 2200' to a point for a corner; THENCE in a southeasterly dlrectzon wzth a 90° degree deflec~ion to the rzght 1100' to a point for a corner; THENCE in a northeasterly direction parallel with the baseline of iH-35Wla d~stance of 2600' to a point for a corner; THENCE ~n a northwesterly dlrectzon 1100' to a point for a corner; THENCE, in a northeasterly d~rectlon parallel wzth the baseline of iH-35Wito the centerl~ne of John Paine road; THENCEI in a northerly dxrect~on w~th the centerllne of John Paine Road t~ the centerl~ne of FM H~ghway 2449; THENCEI in an easterly dlrectlon and a northerly d~rectlon wzth the centerllne of FM 2449 and also the centerl~ne of Underwood Road t'o the centerl~ne of H~ckory Creek; THENCE: ~n a northwesterly d~rect~on and up the meanders of Hickory Creek and the meanders of North H~ckory Creek to the POINT OF BEGINNING and conta~nlng 10.31 square miles of whlch 1.20 square mlles lies within roads and floodways for a net of 9.11 ~quare mlles. 2449k~3 9.1, SQ.ML INTERSTATE 3~ ~M LIMITS I' INTERSTATE .-.-Ir.I (,O B4ERCE August 10, 1990 Ms Betty McKean, Executive Director C~ty of Denton 215 E McKinney Denton, Texas 76201 Dear MS McKean: Enclosed ~s an original of each executed negotiated agreement for the C~ty of Denton'$ Enterprise Zones I and II. We have retmned a copy of each agreement for our files. Your official enterprise zone numbers are EZ065-062190-D1 and EZ066-062190-D2. Please use these numbers on future reports and documents filed vath regard to your enterprise zones. Also enclosed ~s the Enterprise Zone Workbook which contains materials necessary to admimster your zones. Please let me know when we may be of further lassistance. Sincerely, Camillel Berry, Enterprise Zon Progr~ffn CB cm Enclosure Fust Clr, Cenue Post Office Box 12"28 816 Congress Suite 1200 Telephone 512 -*-2 5059 Cap,tot ~.u~tm Tex,t5 "8'01 FAX 512 320 96"-t Austin Te,c:ts R90-037 HAS BEEN AMENDED BY R94-048, COPY ATTACHED RESOLUTION NO. ~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF COMMERCE FOR AN ENTERPRISE ZONE (ENTERPRISE ZONE II) WITHIN THE LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: S_~_~. That the Mayor is authorized to execute an agreement between the City of Denton and the Texas Department of Commerce for designation of an enterprise zone, under the terms and conditions contained within said agreement, a copy of which is attached hereto and made a part hereof. ~. That this resolution shall become effective immediately upon 1ts passage and ap~a~l. ~ ~ PASSED AND APPROVED this the 17 day of ~1990 BOB~BERRY, MA7 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY ApX~R'OVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY enterpr. II ~ AGREEMENT FOR DESIGNATION OF AN B~TERPRISE ZONE THIS AGRIEEMENT Is made and entered Into this 21st day of June, 1990, by and between the Texas Del)artmant of Commerce, an agancy of the State of Texas, hereinafter referred to as "Department" and the City of Denton, Texas hereinafter referred to as "Unit" WITNESSETH WHEREAS, the public policy of this state Is to provide the people of this state with the necessary] means to assist communities, their residents, and the private sector to create the proper economc and social environment to Induce the Investment of private resources in productive buslnass enterprises located in severe y distressed areas and to provide employment to residents of those areas; wHEREAS, the objective of the Texas Enterprise Zone .Act, .T..exas C. Ivll S!a!utas, 5190 7 (tl~e Act)Is to provide appropriate Invastm..ents,. tax o.e,_n,e~t.,s._a,n~a_r_eg~ry re,,e, encourag~ the business community to commit Its financial par[~c~pauo. WHEREAS, the revitalization of enterprise zones through the concerted efforts of government and private sector Is doclared a public purpose, WHEREAS, Unit requested Department to deslgnata an area within its jurisdiction as an enterprise! zone, which Is described In Exhibit A and Exhibit B attached hereto, WHEI: [EAS, Unit filed its applicaticn on May 7, 1990, with Department for daslgnaticn of an enterprise zone pursuant to the Act for the purpose of revitalizing the area described herein, WHEI iF. AS, the governing body of Unit adopted a ordinance on May 1, 1990, following a public ho; ring, to nominate the area and made the necessary finding that the zone area meets the criteria fo ' daslgnaticn as an enterprlse~zone as set forth In the Act, WHEI iF. AS, the Executive Director acting on behalf of Department authorized and approved the doslgl~atlon of the enterprise zone on June 21, 1990, under the terms and conditions of the Act and those set forth herein, WHEREAS, Un t has entered or w II enter nrc agreements with Qualified Businesses, as defined I~ the Act and as further defined In its nom hating resolution, in wh ch the Qualified Bus nesses agree to maintain the r status as Qualified Businesses in order to benefit from the local Inc~ntivas available and In which Un t provides for certain local incentives, pursuant to the terms of the Act, NOW! THEREFORE, in consideration of the respective representations and agreements herein contained, the parties hereto agree as follows 1 REPRESENTATIONS Department and Unit represent and warrant, as applicable, the following. Page I of 5 (a) Findings Based upon the representations made by Unit, Department hereby reaffirms previous findings that the zone area meets the criteria for designation as an enterprise zone as set forth In the Act (b) DeslonafionofEntemrlseZone Department hereby designates the area described in Exhibit A and Exhibit B attached hereto as an enterprise zone, known as the Denton Enterpnse Zone II, sometimes referred to herein as the Zone (c) PerlodefZone De~lan~tlon The Zone shall take effect on June 21, 1990, and terminate on September 1, 1997, unless otherwise specifically provided by the terms of this Agreement~ Department may remove the designation, following a public hearing, If the area no longer meets the criteria for designation as set out In the Act or by Department rule or if Department determines that the governing body has not complied with commitments made in the nominatingI resolution (d) ~ Unit has designated Its Executive Director of Economic Development as liaison to communicate and negotiate with Department, enterprise projects, Qualified Businesses, and other entitles In or affected by the Zone (e) D. At~L.~JJJ;AD~ Unit further represents that the data provided to Department ~s accuratel and current as of the date of application, and that there has been no material adverse change In the affairs of Unit 2 P-EBE~ Unit represents and warrants that It will provide all tax relief and other incentives or benefits described In Its application for zone designation Including, but not limited to the following Unit shall abate taxes on the Increase In value of real and personal property Improvements for new, expanding and modernizing basic Industries, corporate office headquarters and d~stnbut~onlcenters In a designated zone. The level of abatement shall be based upon the value of the improvbments and personal property In accordance with Unit's policy for tax abatement 3 ~EI~ORTING REOLIIREMI~T8 Unit shall submit to Department no later than O~tober 1 of each year an annual report of the progress, In narrative form, of activities within the Zone Th s report shall be in a format prescribed by Department and shall Include the Information specified in Section 23 of Ihe Act. If such report is not received by the deadline, Department may, following a public headng, terminate the designation of the zone 4 ~ (a) Unit shall furnish additional information, reports or statements as Department may from time lo time request in connection with this Agreement In order to verify data relating to employment and purchases of equipment, machinery or building materials ,sold to an enterprise project, Unit and Qualified Businesses must permit on reasonable notice a representative of Department, State Auditor or State Comptroller's Office to inspect the books, records, and properties of Unit and of each Qualified Business at reasonable t~mes and to make copies end abstracts of such books and records and any documents relating to such data~ Unit shall include the substance of this section In all agreements with Qualified Businesses executed under the provisions of the Act (b) After each monitoring visit, Department shall provide Unit with a written report of the monitor's findings within sixty (60) days If the monitoring reports note deficiencies in Unit's performanoe, the report shall include requirements for t~mely correction of such deficiencieS by Unit Failure by Unit to take action specified in the monitoring report may be cause for termination of this Agreement, as provided herein Page 2 of 5 5 ~J~. (a) Unit covenants that neither it nor any member of its governlng~body presently has any Interest or shall acquire any interest, direct or Indirect, which could conflict In any manner or degree with the performance of this Agreement Unit further covenants that In the performance of this Agreement no person having such interest shall be employed or appointed by It (b) Unit's employees, officers, and/or agents shall neither solicit nor accept gratuit~es,, favors, or anything of monetary value from Qualified Businesses or potential Qualified Businesses (c) Unit shall comply with all terms and provisions of Texas Local Government Cede, Chapter 171 6 ~ (e) Unit represents and warrants that it possesses the legal authority to enter Into this Agreement and to perform the services It has obligated itself to perform hereunder. ( b ) The person or persons signing and executing this Agreement on behalf of Unit, or representing themselves as signing and executing th~s Agreement on behalf of such entity, do hereby represent and warrant and guarantee that he, she or they have been duly authorized by such entity to execute this Agreement on behalf of such entity and to validly and legally bind such entity to all terms, performances, and provisions herein set forth (c) Department shall have the right to terminate this Agreement If there is a dispute as to thel legal authority of Unit or the person signing this Agreement to enter into this Agreement or to render performances hereunder, and the conclusion of that dispute is that Unit or such person signing did not have such authority 7 (~HANGE~ AND AMENDMENTS (a) Except as specifically provided otherwise In this Agreement, any alterations, additions, or deletions to the terms of this Agreement shall be by amendment hereto In writing and executed by all parties to this Agreement (bi) It Is understood and agreed by the parties hereto that performances under this Agreement must be rendered in accordance with the Act, the regulations promulgated under the Act, and the assurances and certifications made to Department by Unit with regard to the operation Of the Texas Enterprise Zone Program Based on these considerations, and In order to ensure the legal and effective performances under this Agreement by both parties, It Is agreed by the parties hereto that the performances under this Agreement are amended by rules or policy directives promulgated by Department which serve to establish, interpret, or clarify performance requirements under this Agreement Policy directives and rule amendments shall not alter the terms of this Agreement so as to release Department of any obligation specified herein (c) Any alterations, additions, or deletions to the terms of this Agreement which are required bY changes in Federal or state law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designate~J by such law or regulations Department hereby agrees to notify Unit in writing of any such alterations, additions or deletions of which it has knowledge within sixty (60) days of acquiring that knowledge 8~ ~a (a) Department shall have the right to terminate this Agreement, ~n whol t any time before the date of completmon speclfiod in Paragraph 1 (c) of Page 3 of 5 this Agreement whenever Department determines that Unit has failed to ~omply with any provision :of the Act or Texae Enterprise Program Rules. Department shall notify Unit In writing prior te the sixtieth (60th) day preceding the date of termination of such determlnallon, the masons for such termination, the effective date of such termination, and In the case ~)f pextlal termination, the portion of the Agreement to he terminated. In the case of termlnatl0n in whole, or In part, Department shall condu~t a publl~ hearing prior to the effective date of termination. (b) All of the partlee to this Agreement shall have the right to terminate this Agreemer~t, In whole or In part, when all parties agree that the ~ontlnuatlon of the actlvlllee allowed under this Agreement would not produce benef~lal results, provided that all partlee agree In writing upo~t the termination ~ondltlons, Including the effective date of such termlnatl0n; and In the case of partial termination, the partlon of the Agreement to be terminated. A put)Ilo notice of termination of this Agreement shall also be published by Unit In a local newlspaper (x)verlng jurisdk~tlon of Unit. 9 ]~]]GE~ Unless otherwise specifically provided herein, any notice, request, complaint, demand, ~ommunloatlon or other paper shall be sufficiently given and shall be deemed given when the same are. (I) deposited In the United States mall and sent by first (~ass mall, postage prepaid, or (11) delivered In each case to the parties at the addresses set forth below or et such other address as a party may designate by notice to the other partlee If to Unit: City of Denton 215 E Mp.,Klnney Denton, Texas 76201 ~:,,~: Bob Castleberry, Mayor If to Department: Texas Department of Commerca 816 Congreu, Suite 700 Post OffiCe Box 12728 Austin, Texas 78711 Attn Executive Director 1 0 ~]~.~]:~ All oral and written agreements among the parties to this Agreemeint relating to the subject matter of this Agreement that were made prior to the execution of this Agreement have been reduced to writing and are contained In this Agreement. 11 =~BJl,J~. If any provision of this Agreement shall for any reason be held invalid, Illegal, or unenforceable, It Is the intent of the parties hereto that the remaining provislor~ of this Agreement shall be ~onstrued and enforced to the full extent permitted at law or in equity. Page 4 of 5 12 C~:7~NTFJ~ This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one end the same instrument 13 ~ The attachments enumerated and denominated below are hereby made a parf of this agreement, and constitute promised performances by Unit in accordenoe with this agreement ( 1 ) Exhibit A, Legal De~..rlptlon of the Zone, and ( 2 ) Exhibit B, Map. Witness our hands effective this 21st day of June, 1990 Bob Castleberry / ~ William b/Ta~lor/ ITS Mayor / ITS' Exe<=utlve Director Page $ of 5 Exhibit A The gen'eral description of the area of the Enterprise Zone II is as follbws. All that certain lot, tract or parcel of land lying and being situate in the County of Denton, State of Texas and being more particularly descrlbed as follows: BEGINNIgG at the point of lntersectlon of the baseline of Interstate Highway IH-35 w~th the north line of the A. White Survey ~-1406, Denton County Texas; THENCE ~n a southerly direction with the baseline of Highway IH-35 to its intersection with the extension of the centerllne of H~ghway 77; THENCE ~n a southeasterly d~rect~on w~th the centerllne of Hlghwayl 77 to lts lntersect~on w~th the extension of the easterly line of~ a tract described in a deed recorded in Volume 604, Page 656 Denton Records of Denton County Texas; THENCE in a southwesterly direction with the easterly line of said tract to its southeast corner; THENCE in a westerly direction with the south line of said tra¢~ to the baseline of IH-35; THENCE in a southerly direction with the baseline of IH-35 to its intersection with the westward extension of the centerline of Westgat9 Drive; THENCE an easterly direction with the centerline extension of Westgate Drive to the centerline of Bonnie Brae street; THENCE |in a northerly direction with the centerline of Bonnie Brae t9 a point 25' southeasterly and perpendicular to the centerl~ne of Highway 77; THENCE ,in a southeasterly direction 25' easterly and parallel with t~e centerline of Highway 77 and also the centerllne of North Elm street to the intersection of W. Hickory street; THENCE in a westerly direction with the centerline of West Hlckorylstreet to the centerline of Bernard street; THENCE lin a southerly direction with the centerline of Bernard street fo the centerline of Collins street; THENCE ,in an easterly direction with the centerline of Collins street to the centerline of Carroll Boulevard; THENCE .~n a southerly direction with the centerline of Carroll Boulevard and also w~th the centerline of Ft. Worth Drive to the basel~n~ of Interstate Highway 1-35E; Zone I~ page 2 THENCE'in a southeasterly direction w~th the baseline of IH-35E to the centerllne of Dallas Dr~ve; THENCE~ln a northwesterly direction w~th the centerl~ne of Dallas Drive go the centerllne of Shady Oaks Drive; THENCE in a northeasterly direction with the centerl~ne of Shady Oaks Drive to the centerllne of the M.K. & T. Railroad; THENCE in a southeasterly direction with the centerllne of the M K & T. Railroad to the centerllne of Mayh~ll Road, THENCE northerly d~rect~on w~th the centerllne of Mayhlll Road to the ce~terl~ne of State H~ghway FM 426; THENCE ~n a westerly d~rect~on with the centerl~ne of State Highway FM 426 to a point 50' easterly from and perpendicular to the centerl~ne of Loop 288; THENCE In a northerly direction 50' east of and parallel to the centerl~ne of Loop 288 to the westerly extension of the south l~ne o~ a tract recorded in Volume 636, Page 261 Deed Records of Denton~ounty Texas; THENCE easterly to the centerline of Mayhill Road; THENCE northerly to the northeast corner of said tractl THENCE'westerly to the most northerly northwest corner of said tract;, THENCE isoutherly to the re-entrant corner of said tract; THENCE iwesterly to a point 50' east of and perpendicular to the centerl!ine of Loop 288; THENCE I~n a northerly dlrect~on 50' east of and parallel to the centerl~lne of Loop 288 to a point 50' southerly and perpendicular to the ~centerllne of H~ghway 380; THENCE in an easterly dlrectlon 50' south of and parallel to the centerllne of State Hlghway 380 to a point lying north of the northwe~st corner of a tract described ~n deed recorded ~n Volume 11783, Page 780 of the Real Property Record of Denton County,l Texas; THENCE in a southerly dlrectlon, a distance of 923.60' to the southwest corner of sa~d tract; THENCE lin an easterly d~rect~on to the centerline of Trinity Road; THENCE in a northerly direction with the centerline of Trinity Road a dlstance of 900' to a polnt for a corner; Zone II page 3 THENCE ~est to a point at the re-entrant corner of said tract, THENCE ~orth along the westerly east boundary line of sald tract, passing! the northeast corner of said tract and crossing to a point 50' northerly from and perpendicular to the centerllne of State Highway 380; THENCE in a southwesterly direction 50' north of and parallel to the cen~erl~ne of H~ghway 380 to the centerllne of Geesllng Road; THENCE ~n a northerly d~rectlon with the centerl~ne of Geesllng Road to the centerl~ne of the F~shtrap Road, THENCE in a westerly d~rect~on with the centerllne of F~shtrap Road to the centerllne of the Union Pacific Railroad; THENCE in a southwesterly d~rect~on w~th the centerllne of the Union Pacific Railroad to the centerllne of Cooper Creek Road; THENCE '~n a southerly direction w~th the centerl~ne of Cooper Creek ROad to a point lying west from the northwest corner of a tract dgscr~bed ~n a deed recorded ~n Volume 1918 Page 596 Real Property Records of Denton County, Texas; THENCE in an easterly direction along the north boundary line o~ sa~d tract passing its northeast corner and continuing to the northeast corner of a tract described ~n deed recorded in Volume 404, Page 351 Deed records of Denton County, Texas; THENCE in a southerly direction along the east boundary line of the pas't mentioned tract to a point 50' northerly from and perpendlcular to the centerline of State Highway 380; THENCE in a westerly direction 50' northerly parallel to the centerline of State Highway 380 to a point 50' westerly from and perpendicular to the centerllne of State H~ghway Loop 288; THENCE %n a southerly dlrect~on 50' west of and parallel to the centerl}ne of Loop 288 to the centerl~ne of FM 426; THENCE in a westerly d~rect~on to the centerllne of Ruddell Street; THENCE in a northerly d~rectlon w~th the centerl~ne of Ruddell Street to the centerllne of the Union Pacific Railroad; THENCE ~n a southwesterly d~rect~on w~th the centerl~ne of the Union Pacific Railroad to the centerl~ne of Sycamore Street; THENCE in a westerly d~rect~on w~th the centerl~ne of Sycamore Street to a point 25' easterly and perpendicular to the centerline of Elm street; Zone II page 4 THENCE in a northerly and westerly direction 25' east of and parallel to the centerl~ne of Elm street and 25' southwesterly from ~nd parallel to the centerllne of Highway 77 to the center~ne of R~ney Road; THENCE,~n an easterly d~rect~on w~th the centerl~ne of R~ney Road to the east boundary l~ne of the J.S. Collard Survey A-297 Denton County Texas; THENCE in a northerly d~rectlon with the east boundary line of sa~d Collard Survey to the north line of a tract described in a d£~ recorded ~n Volum~ 963, Page 64 Deea Records, THENCE ~n a westerly d~rect~on w~th the north line of the last mentioned tract to the centerl~ne of Bonnie Brae street, THENCE ~n a northerly direction w[tn the centerl~ne of Bonnie Brae street approximately 1,800' to the north l~ne of the A. White Survey A-1406; THENCE westerly w~th the north line of the A. White Survey to the Place of Beginning and containing 7.47 square m~les of which 0.16 square m~les l~es w~th~n roads for a net of 7.31 square m~les. 2449k/7 J~o~ , ENTI:~ ZONEI ~NTERSTATE sE 7.3'1 ~K~.ML ItU. 184 LIMITS INTERSTATE Se ~'l'- ~J --1J ! II DATE 'f ~, ~o ~ \~s\reso\e~ter~r~ res A RESOLUTION AUTHORIZING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF COMMERCE FOR AN ENTERPRISE ZONE (ENTERPRIZE ZONE II) WITHIN THE LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY; RATIFYING THE ACTION OF THE MAYOR IN EXECUTING THE AMENDMENT; AND PROVIDINGAN EFFECTIVE DATE. WHEREAS, on August 25, 1994, the Clty received an amendment from the Texas Department of Commerce to the Agreement between the city and the Department, and the amendment will revise the boundaries of the City's enterprise zone to allow Georgia-Pacific Corporation to apply for State enterprise zone benefits; and WHEREAS, the deadline for submission of the application of Georgia-Pacific for enterprise zone benefits was August 26, 1994, and WHEREAS, the city Council wishes to ratify the action of the Mayor in executing the Agreement so that Georgia-Pacific could qualify in time to submit its application; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council hereby confirms and ratifies the action of the Mayor in executing the amendment to an agreement between the City of Denton and the Texas Department of Commerce for designation of an enterprise zone, under the terms and conditions contained within the agreement, a copy of which is attached and made a part hereof. ~. That the City Secretary is hereby directed to attach a copy of this resolution to Resolution R90-037. ~. That this resolution shall become effective imme- dIately upon its passage and approval. PARSEDAND APPROVED this the__day of. , 1994. , ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 AMENDMENT TO AGREEMENT FOR DESIGNATION OF AN ENTERPRISE ZONE TEXAS DEPARTMENT OF COMMERCE AND THE CITY OF DENTON STATE OF TEXAS COUNTY OF TRAVIS Section 1 The Texas Department of Commerce, an agency of the State of Texas, hereinafter referred to as Department, and the C~ty of Denton, Texas, hereinafter referred to as Umt, do hereby contract and agree to amend their original agreement, as ~mt~ally executed by the Executive D~rector of Department effective June 21, 1990 through September 1, 1997 that designates an area of Umt as the C~ty of Denton Enterprise Zone No 2, hermnafter referred to as Zone Section 2 The part~es hereto agree to amend the agreement ~dent~fied m Sectwn 1 above so that Exinb~t A. Boundary Descnphon and Map of the Zone, m rewsed to read hereafter as g~ven m the legal description and ~n the map attached to tins amendment, hereinafter referred to as Exinb~t A and Exinb~t B, respectively, and hereby made a part of tins amendment Section 3 The part~es hereto agree that tins amendment shall become effective tins ~ day of August, 1994 Section4 The part~es hereto agree that all of the terms of the agreement ~dent~fied ~n Sectwn 1 above shall remmn m effect and shall continue to govern except to the extent that they confhct w~th the terms of tins amendment Section5 By the sxgmng of tins amendment, Umt cerhfids that it has fully sat~sfled the requirements of Section 2303 110 of the Texas Enterprise Zone Act, Texas . Government Code, relating to the amendment of enterprise zone boundaries Page 1 of 2 Sec~on6 By the mgmng of tins amendment, the part~es expressly understand and agree that tins amendment shall become a part of the agreement xdent~fied m Sectmn ~ above as though ~t were set forth word for word thereto WITNESS OUR HANDS EFFECTIVE THIS 21st DAY OF AUGUST, 1994 Bob Cast~ebe~i*ry~ayor /City of Deq~ton / Approved and accepted on behalf of the Texas Department of Commerce · Deborah C Kastr~n, Executive D~rector Texas Department of Commerce Th~s amendment ~s not effective unless s~gned by the Executive D~rector of the Texas Department of Commerce, or by her authorized designee Page 2 of 2 EXHIBIT "A" The general description of the area of the Enterprise Zone II is as follows: Ail that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas and being more particularly described as follows. BEGINNING at a point 450 feet south of the intersection of the south line of the I. Coy Survey A-212 with the baseline of IH-35 in the City of Denton, Denton County, Texas; THENCE in a westerly direction passing the northeast corner and with the north line of a tract recorded in Volume 1789, Page 671 R.P R D.C.T. to the northwest corner of said tract; THENCE in a southerly direction with the west line of said tract to the center of Barthold Road, THENCE in an easterly direction with the center of Barthold Road to the baseline of IH-35; THENCE in a southerly direction with the baseline of Highway IH-35 to its intersection with the extension of the center line of Highway 77; THENCE in a southeasterly direction with the center line of Highway 77 to its intersection with the extension of the easterly line of a tract described in a deed recorded in Volume 604, Page 6§6 Denton Records of Denton County Texas, THENCE in a southerly direction with the easterly line of said tract to its southeast corner; THENCE in a westerly direction with the south line of said tract to the baseline of IH-3§; THENCE in a southerly direction with the baseline of IH-35 to its intersection with the westward extension of the center line of Westgate Drive; THENCE in a westerly direction approximately 750 feet to the existing city limits, THENCE with the existing city limit line ia a southerly, westerly and southerly directions to the easterly right-of-way line of the A.T & S.F. Railroad; ' Exhibit A Page 2 THENCE lin a southeasterly direction with the easterly right-of-way of the iA.T. & S F. Railroad to the intersection with the easterly extension of the center line of Hampton Road, THENCE in an easterly direction to the intersection of the baseline of 1-35; THENCE in a northerly direction with the baseline of IH-35 to its intersection with the westerly extension of the south line of a tract recorded in Volume 2695, Page 465 Real Property Records, THENCE in an easterly direction with said south line to the southeast corner of the last mentioned tract; THENC~ in a northerly direction with the east line of the last mentioned tract to the center of Westgate Road, THENCE in an easterly direction with the center line extension of Westgate Drive to the center line of Bonnie Brae Street, THENCE in a northerly direction with the center line of Bonnie Brae to a point 25 feet southeasterly and perpendicular to the center line of Highway 77; THENCE in a southeasterly and southerly directions 25 feet southwesterly and westerly and parallel with the center line of Highway 77 and also the center line of North Elm Street to the intersection of the centerline of W. Hickory Street, THENCE in a westerly direction with the center line of West Hickory Street to the center line of Bernard Street; THENCE in a southerly direction with the center line of Bernard Street, to the center line of Eagle Drive; THENCE in a westerly direction with the center line of Eagle Drive to the, centerline of Avenue D; THENCE in a southerly direction with the center line of Avenue D to the base line of I.H. 35E; THENCE in a southeasterly direction with the base line of I.H. 35E to the center line of Bernard Street; THENCE in a northerly direction with the center line of Bernard Street to the center line of Collins Street; THENCE in an easterly direction with the ~enter line of Collins Street to the center line of Carroll Boulevard; THENCE in a southwesterly direction with the center line of Carroll Exhibit A Page 3 Boulevard and also with the center llne of Ft Worth Drive to the baseline of Interstate Highway 1-35E, THENCE in a southeasterly direction with the baseline of IH-35E to the center line of Dallas Drive; THENCE ina northwesterly direction w~th the center line of Dallas Drive to the center line of Shady Oaks Drive, THENCE ~n a northeasterly direction with the center line or Shady Oaks Drive to the center line of the old M K & T Railroad, THENCE in a southeasterly direction with the center line of the old M.K. & T. Railroad to a point 25 feet west of and perpendicular to the center line of Mayhill Road; THENCE in a southwesterly and southerly directions 25 feet west of and perpendicular to the center line of Mayhill Road to a point 25 feet northeasterly and perpendicular to the baseline of IH-35E; THENCE in a northwesterly direction 25 feet northeasterly and parallel with the baseline of IH-35E to the intersection with the northerly northeasterly extension of a tract shown by deed to Josten's, Inc. recorded in Volume 571, Page 39 Deed Records, THENCE in a southwesterly, southeasterly, easterly and northeasterly directions, around the entire tract owned by Josten's, Inc., to a point 25 feet southwesterly and perpendicular to the baseline of IH-35E; THENCE in a southeasterly direction 25 feet southwesterly and parallel to the baseline of IH-35E to its intersection with 25 feet east of and perpendicular to the center line of Mayhill Road; THENCE in a northerly and northeasterly directions with the center line o5 Mayhill Road to the center line of the old M. K & T Railroad; THENCE in a southeasterly direction with the center line of the old M.K. & T. Railroad to its intersection with the center line of Pockrus, Page Road; THENCE in an easterly direction with the center line of Pockrus Page Road to its intersection with the extension of the most southerly southeast line of the Andrew Addition; THENCE in a northwesterly, northerly, easterly, northerly, westerly, northwesterly, northerly and westerly directions along the boundary lines of the Andrew Corp. properties to the center line of Mayhlll Road; Exhibi~ A Page 4 THENCE in a northerly direction with the center line of Mayhlll Road to the center line of F M. 426, THENCE in a westerly direction with the center line of F M 426 to a point 25 feet easterly from the center line of Loop 288, THENCE in a northerly direction 25 feet east of and parallel with the center line of Loop 288 to the westward extension line of the southwest corner of the G.D.I. Subdivision; THENCE in an easterly and northerly directions with the south line and the east line of said G.D I. Subdivision to a point in the south line of a tract recorded in Volume 636, Page 261 Deed Records; THENCE in an easterly direction along the south line of said tract to the center line of Mayhlll Road, THENCE in a northerly direction with the center line of Mayhill Road tO the northeast corner of said tract; THENCE in a westerly direct~on to the most northerly northwest corner of said tract; THENCE in a southerly direction to the re-entrant corner of said tract; THENCE in a westerly direction t~ a point 25 feet east of and perpendicular to the center line of Loop 288; THENCE in a northerly direction 25 feet east of and parallel to the center line of Loop 288 to a point 25 feet southerly and perpendicular to the center line of Highway U.S. 380; THENCE in a easterly direction 25 feet south of and parallel to the center line of Highway U.S. 380 to a point lying north of the northwest corner of a tract described in deed recorded in Volume 1783, gage 780 of the Real Property Record of Denton County, Texas, THENCE in a southerly direction, a distance of 923.60 feet to the southwest corner of said tract; THENCE in an easterly direction to the center line of Trinity Road, THENCE in a northerly direction w~th the center line of Trinity Road a distance of 900 feet to a point for a corner; THENCE in a westerly direction to a point at the re-entrant corner of said tract; ' THENCE in a northerly direction along the westerly east boundary Exhlbit A Page 5 line ofl said tract, passing the northeast corner of said tract and crossing to a point 25 feet northerly from and perpendicular to the center line of Highway U S. 380; THENCE in a southwesterly direction 25 feet north of and parallel to the center line of Highway U.S. 380 to the center line of Geesllng Road; THENCE in a northerly direction with the center line of Geesling Road to the center line of Fishtrap Road, THENCE in a westerly and northwesterly directions with the center line of Fishtrap Road to the center line of the Union Pacific Railroad; THENCE in a southwesterly direction with the center line of the Union Pacific Railroad to the northward extension of the west line of the tract described in Ordinance 69-41 of the City of Denton, THENCE in a southerly direction with said west line of said ordinance to the southwest corner of Ordinance 69-41; THENCE in an easterly direction to the northwest corner of a tract recorded in Volume 1256, Page 299 Deed Records; THENCE in a southerly, easterly and southerly directions with the west line and the south line of the tract recorded in Volume 1256, Page 29,9 Deed Records to the northwest corner of a tract recorded in Volume 521, Page 286 Deed Records; THENCE in a southerly direction along the east boundary line of the past mentioned tract to a point 25 feet northerly from and perpendicular to the center line of Highway U S 380; THENCE in a westerly direction 25 feet northerly and parallel to the center line of Highway U.S. 380 to a point 25 feet westerly from and perpendicular to the center line of Loop 288; THENCE in a southerly direction 25 feet west of and parallel to the center line of Loop 288 to the center line of F.M 426; THENCE in a westerly direction with the center line of Loop 288 to the center line of Ruddell Street, THENCE in a northerly direction with the center line of Ruddell Street to the center line of Mingo Road, THENCE in a northeasterly direction with th~ center line of Mlngo Road to the center line of Highway U S. 380, THENCE in a westerly direction with the center line of Highway U.S. Exhlbl,t A Page 6 380 to the center line of Bell Avenue, THENCEI in a southerly direction along the center line of Bell Avenue to the center line of F M. 426; THENCE' in an easterly directaon along the center line of F M. 426 to the center line of the Union Pacific Railroad, THENCE in a southerly direction with the center line of the Union Pacafic Railroad to the center ltPe of Sycamore Street, THENCE in a westerly direction with the center line of Sycamore Street to a point 25 feet east of the center line of Elm Street; THENCE in a northerly and westerly direction 25 feet east of and parallel to the center line of Elm Street and 25 feet northeasterly from and parallel to the center lane of Haghway 77 to the center line of the east and west section of Riney Road; THENCE in an easterly direction with the center line of the east and west section of Rlney Road to the east boundary line of the J.S Collard Survey A-297 Denton County, Texas; THENCE in a northerly direction with the east boundary line of said Collard Survey to the north line of a tract described in a deed recorded in Volume 963, Page 54 Deed Records; THENCE in a westerly direction with the north lane of the last mentioned tract to the center line of Bonnie Brae Street; THENCE in a northerly direction with the center line of Bonnie Brae Street approxamately 1,800 feet to the north line of the A. White Survey A-1406; THENCE in a westerly direction with the north line of the A. White Survey to the baseline of IH-35; THENCE in a northerly direction with the baseline of IH-35 to the point of beginning. AA02503 EXHIBIT B Czty of Denton No 2 DERmTMENT OF August 10, 1990 Ms. Betty McKean, Executive Director C~ty of Denton 215 E McKinney Denton,.Texas 76201 Dear Ms. McKean: Enclosed is an oriKinal of each executed negotiated affreement for the City of Denton's Enterprise Zones I and II. We have retained a copy of each a~reement for our lflles. Your official enterprise zone numbers are EZ065-062190-D1 and EZ066-062190-D2. Please use these nnmbers on future reports and documents filed valsh regard to your enterprise zones. Also enclosed is the Enterprise Zone Workbook which contains materials necessary to adn~nister your zones. Please let me know when we may be of further assistance. Sincerely, CB:cra Enclosure Fust C~tx Cet*~tre Post Office Bo~c 12'28 816 Con~ress ~ulte 1200 Telephone 512 4-2 "3059 Capitol ~n(,n ~ustm Tex~-8'01 F~X 512 320 96'4 Austll~ Tex~-8-1I Nex Doe ument RESOLUTION NO.~ A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, THE 100 BLOCK OF WEST OAK STREET, THE 100 BLOCK OF NORTH LOCUST STREET AND THE 100 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 15, 1990; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Central Business District 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 this historic district wish to commemorate the spirit and tradition of its past; and WHEREAS, since 1896, the "Court Square" area was transformed each Saturday from the seat of county government into the social gathering place for its citizens; and WHEREAS, that structure which remains the historical and sentimental center of our county has undergone a restoration which will insure its continuing presence as a familiar landmark on the Denton horizon; and WHEREAS, the Denton County Courthouse on the Square has reopened its doors to a proud public, and WHEREAS, all abutting merchants and professionals surrounding the area have given their permission to the temporary closing of said streets; and WHEREAS, County Seat Saturday is open to the general public of the City and County of Denton; and WHEREAS, The temporary closing of certain streets is necessary in order to provide adequate space for County Seat Saturday, and to protect the safety of citizens who attend, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the 100 Block of North Elm Street, the 100 Block of West Oak Street, the 100 Block of North Locust Street and the 100 Block of West Hickory Street, comprising the "Courthouse Square", shall be temporarily closed as public streets on September 15, 1990 from 6:00 a.m. untll 6:00 p.m. for the purpose of holding "County Seat Saturday". ~L~- That the City Manager shall d~rect the approprlate C~ty Department to erect barricades at 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, at 6:00 a.m. and to have the same removed at 6:00 p m. on September 15, 1990. S_~. That the portion of the above described streets shall revert back to the city for normal traffic activity immedi- ately from and after 6:00 p.m. on September 15, 1990. SE__~. That this resolution shall take effect and be in full force and effect from and after the date of 1ts passage and approval. PASSED AND APPROVED this the ~-~ay of August, 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Stree~e's PAGE 2 2958L RESOLUTION NO.~~~ A RESOLUTION APPOINTING TOM HARPOOL TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY AND DECLARING AN EFFECTIVE DATE. WHEREAS, term of office of Roland Vela for Place 1 on the Board of Directors of the Texas Municipal Power Agency has expired; 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. 75-22 of the C~ty of Denton, Texas, Tom Harpool ~s hereby appointed to the two year term of off~ce to Place 1 on the Board of D~rectors of the Texas Municipal Power Agency, the term of office beglnnlng July 31, 1990 and ending July 30, 1992. SECTION II. Th~s Resolution shall become effective from and after i'ts date of passage, and it ~s so ordered. PASSED AND APPROVED this the ~ay of August, 1990. BOB CASTLEBERRY, MAYO~ ~ / ATTEST: JENNIFER WALTERS~ CITY SECRETARY DEBRA ADAMI DRAYOVITCH~ CITY ATTORNEY A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ASSIGNING A PORTION OF ITS AUTHORITY TO ISSUE SINGLE FAMILY HOUSING BONDS TO DENTON COUNTY, TEXAS AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH I WHEREAS, Texas Revised Civil Statutes artlcle 5190.9a, as amended, and the rules promulgated thereunder as 10 Texas Adm~nl~tratlve Code sections 165 i to 167.1 (collectively, the "Ac~"), provide the method for the Denton County Houslng Finance Corporation (the "Corporation"), a housing finance corporation created under the Housing F~nance Corporations Act, as amended, Texas Local Government Code chapter 394, to seek an allocation from the Texas Department of Commerce to ~ssue prlvat0 activity bonds; WHEREAS, the Corporatlon operates on behalf of Denton Countyl, Texas (the WHEREAS, on July 12, 1990, the Board of Directors of the Corporation authorized submission of a Quallf~ed Application to the Texas Department of Commerce seeking an allocation for 1990 zn accordance w~th the prov~slons of the Act, WHEREAS, the Act provides that if two overlapping local governmental units have each created houszng finance corporations with authority to issue Qualified Mortgage Bonds, then unless the smaller local governmental unit assigns 1ts authority to issue Qualified Mortgage Bonds, based upon its population, to the larger local governmental unit, the larger local governmental unit must exclude the population of any smaller governmental unit if such smaller unit has a population as de~ermzned ~n the most recent federal census of 20,000 or more 1~ determ~nlng the larger unlt's allocation, WHEREAS, each of the City of Denton (the "C~y") and the County have previously created a housing finance corporation authorized to issue Qualified Mortgage Bonds, WHEREAS, the Application for Reservatlon for Private Actlvl~y Bonds Calendar Year 1990 (the "Application") promulgated by the Texas Department of Commerce requires that the Cprporation forward a copy of this resolution with 1ts Application; and -1- WHEREAS, the City Council hereby finds and determines that an assignment to the County of the City's authority to issue Qualified Mortgage Bonds for 1990, based upon the City's population located within the County, is in the best interest of the c~tlzens of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON THAT SECTION 1: The City, pursuant to the provisions of section 1(8) of the Act, hereby assigns 1ts authority to ~ssue Qualified Mortgage Bonds, based on 1ts population within the County, to the County. SECTION 2. The recitals contained ~n the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this resolution for all purposes and are adopted as a part of the ]udqment and findings of the City Council SECTION 3' It is officially found, determined, and declared that the meetlng at which this resolution is adopted was open to the public and public not~ce of the t~me, place, and subject matter of the public bus~ness to be considered at such meeting, ~ncluding this resolution, was given, all as required by Texas Revised C~vzl Statutes article 6252-17, as amended. SECTION 4. Capitalized terms used, but not defined, ~n this Resolution shall have the meanings assigned them in the Act. SECTION 5 This resolution shall be effective from and after the date of its passage. PASSED AND ADOPTED by an affirmative vote of ~ ouncil of the Czty of Denton, Texas, this ATTEST: ~ (CIT~ SEAL) A RESOLUTION OF THE CITY OF DENTON, TEXAS, EXPRESSING ITS INTENT TO CONTP~ACT TO PURCHASE FROM THE UPPER TRINITY REGIONAL WATER DISTRICT A PORTION OF THE RAW WATER OBTAINED FROM THE SULPHUR RIVER BASIN BY THE DISTRICT BY CONTRACT WITH THE CITY OF COMMERCE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Commerce has rights to approximately 11 72 million gallons per day of water in Cooper Reservoir on the Sulphur River, which is excess to Its current needs; and WHEREAS, the City of Commerce approached the Upper Trinity Regional Water District regarding its interest in purchasing the excess water for use in Denton County, and WHEREAS, the Water Master Plan for Denton County identifies the Sulphur River Basin as a probable future source of water for Denton County; and WHEREAS, the District has determined that the cost of water in Cooper Reservoir is very favorable, compared to alternate sources, and WHEREAS, the District is negotiating a contract with the City of Commerce which provides for the purchase of water by the District for up to one hundred years, and WHEREAS, the terms of the Contract require the District to reimburse the City of Commerce for its cost and to pay the cost of obtaIning regulatory approval to authorize the lnterbasln transfer of the water to Denton County, and WHEREAS, the only source of funds to the District to fulfill its financial obligations under the contract is from contracts with member entitles to purchase the water and guarantee payment; and WHEREAS, the District proposes to apportion some of the water to certain entities on the condition that they provide interim financing to implement the contract; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I That the Clty of Denton hereby expresses its support to the Upper Trinity Regional Water District for attempting to assure an adequate and reliable water supply for the region SECTION II. That the City Council of Denton indicates its intention to enter into a contract with the District to purchase and guarantee payment for at least two (2) m~lllon gallons per day of the raw water to be obtalned under the proposed contract between the D~str~ct and the Clty of Commerce SECTION III. That under the contract with the Dlstr~ct, the City of Denton, along with other entitles and ~n return for the senior right to obtain a portion of the raw water the District purchases from the City of Commerce, intends to provide to the District a pro rata share of the interim financing necessary for the Dlstrlct to implement the contract with the C~ty of Commerce Interim flnanc~ng ~s ~ntended to be provided for about three years, which ls the estimated time necessary for obtaining regulatory authority of the lnterbasln transfer and to prepare an engineering report regarding alternatives for transporting the water It is expected that the interim financing provided by the City of Denton will be assumed and repaid by all the entities who participate in the District, on a pro rata basis SECTION IV. That th~s Resolution shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the T' day of ~, 1990 BOB CASTLEBERRY, MAYOR/ ~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY comm~.~es PAGE 2 RESOLUTION NO. ~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS FOR SOLID WASTE DISPOSAL SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton owns a solid waste disposal service; and WHEREAS, the University of North Texas and the C~ty of Denton are desirous of entering into an agreement for sol~d waste dis- posal service; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the C~ty Manager is hereby authorized to execute an agreement on behalf of the C~ty for solid waste d~sposal service between the C~ty of Denton and the University o~ North Texas, a copy of which ~s attached hereto and ~ncorporated here~n by reference. SECTION II. That this Resolution shall be effective ~mmed~- ately upon its passage and approval. ~ PASSED AND APPROVED this the /' day of~, 1990. BOB CASTLEBERRY, MAYOy ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1082L AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS WHEREAS, the University of North Texas (hereinafter referred to as "UNT") has advertised for bids for solid waste disposal servzce and the City of Denton (hereinafter referred to as "City') having submztted a b~d for such services; and WHEREAS, UNT having accepted such bid and the parties are desirous of entering into an agreement for solid waste disposal service; NOW, THEREFORE, WITNESSETH: I. SCOPE City shall provide UNT with solid waste d~sposal services zn accordance w~th the conditions and provisions outlined in Exhibit "A", attached hereto and incorporated by reference as if the same were set forth in ~ts entirety herezn, except that UNT agrees that C~ty need not provzde the insurance coverage as specified on page two of the bid specifications contained ~n Exhibit 'A". II. PAYMENT UNT agrees to pay City ~n accordance with the rates as set forth in said Exhibit "A". III. CANCELLATION This contract may be cancelled by either party by giving wrztten notice to the other party not less than s~xty (60) days prior to the date of termination. IV. SERVICES A Both parties agree that th~s agreement is suD]ect to the provisions of Chapter 325, Subchapter B of the Regulations promulgated by the Texas Department of Health, as the same exzst now and as may be amended from time to time here- after. B. Both parties agree that the sectzon addressing "Required Service" ~s hereby qual~fled by the following paragraphs 1. Authorized waste stored in conformance with applicable state and local regulations within a ten-foot radius of a regularly serviced container, wzll be removed by the City, provided the number of times such overage is placed for disposal within sa~d radius does not exceed twenty percent (20%) of the total number of services provided to that collection point during any calendar month. If such placement exceeds twenty percent (20%), the City will not~fy UNT of the need for ~ncreased container capacity or service frequency at sa~d collection point, and the parties agree that the City shall amend the collection schedule and monthly fees accordingly. UNT may refuse such ad3ustment when ~n~t~ally notified by City, but shall not thereafter require C~ty to collect waste not deposited in dumpsters at the collection point in question. 2. Should dumpsters be overloaded so as to make them unserviceable, add~tlonal charges may be made to UNT for costs lncurred by the City in its efforts to restore the serviceability of the containers in question. For example, the removal and disposal of large quant~tles of construction material (e.g., rock, ~ron, concrete, soil) or wetted garDage may require the application of additional equipment and personnel, the cost of which shall be billed to UNT. C. This agreement does not encompass the collection or disposal of special wastes or hazardous wastes and UNT agrees not to place such IV. TERM The ~nltlal term of this agreement shall commence September 1, 1990 and continue through August 31, 1991. Thereafter, UNT shall have the option to extend the contract for three (3) addltlonal one-year terms. Executed th~s the ~day of ~~~_, 1990. CITY OF DENTON, TEXAS UNIVERSITY OF NORTH TEXAS~/'' PAGE 2 ATTEST: ATTEST: JENNIFER WALTERSv CITY SECRETARY BY. ~ SECRETARY APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH CITY ATTORNEY ATTORNEY FOR UNT PAGE 3 Exhzbit "A" INSTRUCTIONS TO BZDDERS. The back s~de of ~he "Invitation to Bid" (Form 303-02-REV) 'Demon Texas cites rules and regulations governing bids issued by the University of North Texas. These rules are appllca~le for all goods and or serv=ces procured by sealed bid process and paid for by State funding. Though all of the regulations are pertinent please make special note of sections: 1.1, 1.2, 1.6, 1.7, 2.1 & 4.1. Should a problem occur with a bid it wll! usually be covered by one or more of these sectlons. Regarding Section 1.6 ("Texas Vendor Identlflcatlon Number"), the Comptroller of Public Accounts requires this number on all invoices to be paid with state funds. No payment from state funding can be made to a vendor w~th out a vendor ,I.D. number. In contractual sztuations th~s number must be existing prior to the beginning of any work to be apld by state funds. Asslstance in securing the Vendor I.D. Number may be obtained by phone at the Comptroller of Public AccounUs office area code 512-475-2707 or toll free from anywhere in Texas at 1-800-252-5555. The Texas Application form for Vendor Identification number may be obtained through: Bob Bullock Comptroller of Public Accounts Revenue Processing Division 111 East 17th Austin, Texas 78711 Attn: Vendor File Section Thank You, James Keller Physical Plant Purchasing Supervisor SPSC]FICA~O~ DELIVERY EIDDER AFFIRMAT;Q~, 1 BY S{GNA~RE HEqEON aI~DER AFFIRMS ~AT Ha HAS NOT GIVEN O~RED T0 GIV[ NOR I~NOS TO GIVE AT ANY TIME ~EAFT~ ANY ECONOMIC 0PPOR~N{~ ;U~RE ~MPLOYMENT FAVO~ 0R $E~VIC~ TO A PUBLIC SEqVANT IN CONNECTION Wl~ OR S~GNING iT WI~ A ;AL~E STATEMENT SHALL V0lO ~E ~UBMI~ 810 0R ANY RESUL~NG CON~ACTS ~ANO FRANCHISE TAXES OWED ~E STA~ OF ~AS UN~ CHAPTER 171 TAXCODE MAKING A ~ALSE STATEM~T AS TO RETUR# 3~,A~D ~ ' A~EKY *0 IN.lC; [ ~,T~ QUOTEFO 8 D~TINA~ON U~,~V~ITy OF NORT~ T~ 81DOP~NING3PM July 26, 1990 Controllers Offlce ~ mo O~m~ ~r~ R~UI~ON~ PP-gU-~ P.O. Box 13767 N.T. Station ~ ,~x Denton, Texas 7~2~3 '" ~ UNI~RSITY OF NORTH TE~S ~T.~u Central Receiving Warehouse c~m*,~ ~;~ Clty of Denton 2310 North I35 E ~.~.s~ ~ 215 E. McK~nney Denton, Texas 76201 ~mo Denton, Texas 76201 You a:e invzted to furnish ~e Unxversxty of Nor~ Texas, Denton,Texas with a bxd for ~e 3ob sho~ below~ accordxnq to ~e attached doc~ents. Sealed bzds wx!l be race,red 3.00 P.M. o'clock on ~e bzd openznq date sho~ ~ove. Bids may be mazled Physxcal Pl~t Director, ~.0. Box 13527 N.T. Statzon, Denton, Texas 76203, brouqn~ to ~e Physacal Pi~ Offxce at 2204 West Praxrie Street. Mark 3ob on outszde of ~xd envelope. All envelopes wxll be opened ~d read aloud at ~e ~ove t~e ~d date. Bxds recexved after bzd openznq wxll not be conszdered. The Unzvers~ty of Nor~ ~exas reserves ~e right to re~ec~ ~y or all bxds, ~d to waive ~y zrreqular- zties. Inspectaon of site ~y be made cal!znq person sho~ below a~ 817/565-2751. For Sate inspectzon, Buddy Pa~r Job Title: Solid Waste Servzce SCOPE The Universmty of North Texas desires to enter mnto the contract w~th the company offermng the most advantageous proposition to the University This contract wmll be effective from September 1, 1990 through August 31, 1991 wmth an option to extend for 3 (three) additional years, subject to one year intervals Prices are maximum and the Unmversitv shall be protected against any increase in price during the term of the contract except as noted elsewhere If there ms a reduction in the prmce durmng the term of the contract the price to the University shall be reduced mn the amount and manner as the greatest reduction in price granted to any political subdivision or segment of the trade OPTION It is agreed that the University of North Texas shall have the option to extend the contract 3 (three) additional years subject to one year intervals Notice shall be served at least 60 days prior to termination at which time the successful contractor shall agree or disagree to the extension within 30 days E8CALATION CLAUSE Should market condmtlons prevaml which dictate an increase the successful contractor may submit documentation requesting permission to increase pricing 30 days before such extension becomes effective Escalation may only occur at the time of renewal and ONLY upon supplying documented manufacturer's invoicing or other relevant data which reflects the increase and securing the approval of the purchasing department in writing The term of the contract or the continuation of the contract, mf continued, is contmngent upon the availabilmty of funds Should funds be unavamlable or not appropriated by the legislature of the State of Texas, the contract is subject to cancellation The option is maintained to reinstate and continue the contract should funds become available within a reasonable length of time Should funds not be appropriated, nemther the Universmty nor any of it's agents shall be liable for discharging such oblmgations CANCELLATION Thms contract may be canceled by the Unmversmty of North Texas for any reason after giving 60 days wrmtten notice to the contractor NONASSIGNABLE CONTRACT This contract ms between the Unmversity of North Texas and selected contractor The service provided in thms agreement shall not be further assigned to another agency except by expressed permissmon by the University of North Texas SAFETY In performance of the service the contractor shall protect the work, adjacent property, and persons in a manner satmsfactory to the University Specmal attentzon shall be given %o the observation of all safety precautions so that the work will not damage or endanger students, employee~, property, or the general public The contractor shall be responsible for any damage or injury due to any act of neglect attrzbutable to persons workzng under his direction The contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authorzty having ~urisdiction for the safety of persons or property to protect them from damage, znjury or loss In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss As a safety precaution, the vehicle(s) used by the contractor shall have two operators at all times, with one person actins as flagman at the rear of the vehicles(s) to warn pedestrians of its movement Thzs person shall wear approprzate safety clothing and carr~ a warning flag during the time the vehicles(s) are making p~ckups There wmll be no movement of vehicles mn the intercampus area durzng class changes CONDITIONS AT SITE OR BUILDING The Contractor is responsible for having visited the site and having ascertained pertinent local conditions such as location, accessibility, and general character of the site or building, the character and extent of existing work within and adjacent to the szte, and other work being performed thereon at the time of the submission of hzs proposal Any failure to do so will not relzeve hmm from responsibility for successfully performing the work wmthout addztzonal expense to the owner REFERENCES Contractor should provzde wzth the bzd not less than three references of similar service locatzons INSURANCE The Contractor shall not commence work under thzs contract until he has obtained all the insurance requzred here under and certificates of such insurance have been fmled with and approved by the Owner Approval of the znsurance by the Owner shall not relieve or decrease the liabilit~ of the Contractor The Contractor shall provide and mazntain, untml the Work covered in this Contract is completed and accepted by the Owner, the mznzmum insurance coverages as follow Type of Coverage Limits of Liability 1 Worker's Compensation Statutory 2 Employer's Lzability $100,000 $300,000 each occurrence aggregate 3 Comprehenszve General Lzabilzty a Bodily Injury $500,000 each occurrence b Property Damage $100,000 $300,000 each occurrence aggregate 4 Comprehensive Automobile Liability a Bodily Injury $300,000 $500,000 each person eacl~ occurrence b Property Damage $300,000 each occurrence 5 Umbrella Liability (Excess) $1,000,000 each occurrence BONDING Contractors other than municzpalzties, upon written notifieation of intent to award, shall provide the University wzth a performance Bond equal to the amount of the Annual contractual period Said bonding document shall be provided to the University within 10 calendar days of receipt of written notification of zntent to award or the bzd may be declared void No purchase order for the service to begin wzll be zssued until the bonding document zs furnished to UNT PAYMENT The University wzll furnzsh the successful bidder with the appropriate billing znformatzon Payment will be made monthly through standard Universzty procedures Payment for completed work wzll be approved upon presenbatzon of an ~nvozce outlzning all servzces performed durzng the previous bzlling period Invoices must be presented and must reference the UNT purchase order number REQUIRED SERVICE, All refuse shall be removed from the contazners in the schedule provzded herezn No refuse shall be allowed to remain in the containers after each emptying Contazners shall be left in an orderly manner at the designated locations Pickup is to include all boxes, carpet, crates, etc, uncrated debrzs, including all wet and dry garbage, within a 10 foot radzus of the container If the refuse truck leaks hydraulic, transmission, oil or coolant fluids on our drives the vendor shall clean up the drives as the leaks occur Driver of trash pickup vehicles(s) shall be responsible to pickup trash that falls out of contazner during unloadzng operatzon If the refuse truck leaks hydraulic, transmisszon, oil or coolant fluidslon our drives the vendor shall clean up the drives as the leaks occur 3 EQUIPMENT SPECIFICATIONS Ail collection vehicles shall be of such a design as to elzminate the possibility of having trash blown from the bed, while traveling from one location to the next, and trzps made to the landfzll Contractor shall demonstrate adequate backup capabzlzty to mazntaln the requzred schedule for the life of this contract The University dumpster locations are currently set up for a front loading trash truck Some areas may not accommodate a szde loading truck because of space lzmztatzons and or practicality It shall be the contractors responszbllxty to make the pickups where the dumpsters are currently UNIVERSITY-FURNISHED PROPERTY Dumpsters will be furnished under this contract The dumpsters are deszgned for a front loading fork PERSONNEL AND WORKMANSHIP The Contractor wzll be required to furnzsh all qualified personnel and adequately supervise their activities while performing thzs contract The contractor shall provide a full service representative to resolve any and all problems which may appear durzng the course of this contract MOBILE CONTAINERS One or more cans at the followzng locations are on casters and require manual relocation to empty then be returned to thezr original posztions, McConnell Hall, Kerr Hall, Health Center, Coliseum and Admznzstratzon Buzldzng CHECK-IN The operator of the refuse truck shall check zn with the UNT Grounds department each weekday mornzng before leaving campus in the event call-zns on missed or overloaded containers have already been reported SIZE OF WORKFORCE Vendor shall be able to demonstrate the ability to service an account of our magnitude and have adequate backup trucks ROUTE SUPERVISOR The vendor recezvzng the award of this contract shall assign a route supervzsor to manage the route Thzs supervzsor is to run the route at startup with the normally assigned d~iver long enough to "KNOW the route and then perzodically as a refresher Thzs supervisor is to then accompany any new or substitute drzver until the new drzver knows the route or the regular driver returns (The objective here zs to not have a new or substztute drzver sent here that doesn't know where the refuse cans are or what the route is ) SPECIAL PICKUPS At least 4 tzmes per year dormztory residents are required to empty out thezr dwellings These times occur at Chrzstmas, Thanksgiving, the week before Sprzng Break and the end of the Spring Semester which occurs about the second week of each May 4 Durzng these times the Universzty wzll probably set extra cans at the dormitories and also request additional pickup frequenczes The amount of refuse generated during these time frames is enormous and the solzd waste contractor zs to be flexzble enough to accommodate our needs The objective zs to keep trash from bezng pzled around the refuse contazners because the container is full Prior to Thanksgivzng, Chrzstmas, Spring Break and the end of the Sprzng Semester the duration is normally five days each Should the contractor need to provzde a second trash pzckup vehicle during these periods to keep trash from being stacked by the cans, it shall be the contractors responsibility to do so at no additional charge The extra refuse picked up is billable at the add-on deletzon rate (Durzng the 3 long shut down per,ods the last 2 days are the worst and would probably require one addztional truck to keep up, however, zf one truck can keep up then only one truck is requzred ) During the last 3 days of the major shut downs the contractor shall have the route supervisor on campus Durzng the shut down periods the Unzversity wzll request a speczfic number of extra pickups at the dormitories as scheduling guide for the contractor but wzll expect as many pzckups as requzred to control the situation so that trash wzll not be stacked beside a full can UNFORSEEABLE INCREASES U S , State, County and City taxes or surcharges, to which state agencies are subject may be passed through by the contractor upon approval of the Unzvers~ty of North Texas and the State Purchaszng and General Servzces Commission (Current known and approved charges zn thzs category are an 8% franchise fee imposed by the City of Denton on private contractors and the Texas Department of Health fees of 50 cents per ton or 17 cents per compacted cubic yard or 10 cents per uncompacted cubic yard as per State of Texas Senate Bill 1519 Governmental fees applicable to thzs agency will be zdentzfied and shown on each invoice as a separate line ztem as zndicated under the "Bzlling Format" paragraph ) (Normal landfill increases are not included zn thzs category) (Normal landfzll charges other than Texas Department of Health fees are to be zncluded zn the base bid) EXTERNALLY FORCED CANCELLATION Should the Czty of Denton declare a proprietary commerczal solid waste disposal contractor for the City and thzs agency zs required to comply the contract derzved from this bid may be canceled at the earliest possible time wzthout penalty KERR HALL This zs one of the largest buzldzngs on campus and has the worst trash disposal system of all of our buzldings The cafeteria has a conventional outside receptacle that is not a problem The problem is the houszng areas on both ends of the buzlding The receptacles(2 yard) roll up into the buildzng and catch refuse that come down znternal chutes Kerr has a lot of reszdents and generates a lot of trash Space inside the trash rooms is lzmited so that the number of receptacles zt will hold zs small zn relation to the demand For thzs reason pickups at Kerr on each end will be twice per day One p~ckup ~s to be before 8 O0 each morning and the other pickup between 11 45 and 5 00 each afternoon (The closer to 5 00 P M the better ) No deviance from this schedule is allowable except during close down permods when extra pickups are requzred Failure to comply with this schedule will be cause to cancel the contract and reaward Note that because of the chute system occasionally debrzs will hang up in the chutes Long rods are located in each side to dislodge these obstructzons and the operator shall dislodge any obstructions at each pickup so that the pickup is complete The operator shall notify the desk clerk of any obstruction too high to reach so that zt can be worked on ~nside the buzlding by University employees prmor to the next pzckup If the scheduled pzckup does not empty each side the contractor shall reload and dump the cans as required to cleanout the system and may charge for the reload per the add-on schedule UNT APARTMENTS AND EAGLE ARMS These 2 areas are basically apartments will full time reszdents that wzll need pickup service per the schedule 52 weeks per year BILLING FORMAT Invoicing zs to be monthly Each ~nvolce shall show as separate lzne items, zn any order (1) Base contract (2)extra pickups by location and szze, (3) Czty, State, Federal Taxes, surcharges, levzes, etc, (4) Credits from oloszngs(5) total amount due Each znvoice shall reference the University Purchase order number on zt Sample Invoice format 1 Base Contract September, 1990 Sxxxxx xx 2 Extra pickups 9/7/90 Physical Plant 1 X 6 yd ~ 1 30 yd ? 80 2 X 4 yd ~ 1 30 yd 10 40 9,/8/90 Physzcal Plant 2 X 6 yd @ 1 30 yd 15 60 3 Governmental charges a City of Denton franchzse fees(8% X $077 00) xxxx xx b Texas Dept of Health landfill fees xxxx xx 4 Credits -xxxx xx 5 Total Due XXXX XX 6 CALLBACKS If one or more refuse containers zs mzssed the contractor shall pickup the mzssed locatzon wzthin 2 hours of verbal notification at no additional cost to the University RADIO CONTACT The contractors refuse trucks shall have 2-way radzos in them that will receive calls from the contractors base station and permit acknowledgment of the call whzle on campus AVAILABILITY OF EXTRA SERVICE Should overloading of a refuse container occur after zt has been pzcked up on its normal route the Unzversity may call zn a request for addztzonal pickup This extra pzckup shall be performed wzthzn 2 houra after verbal notification and will be billable as shown in the add-on/deletion portzon of the bid (ie An extra pickup on a 6 yard can bid at $1 22 per yard would be billable at $? 32) DIFFERENT SERVICES The University reserves the right to purchase related but different services elsewhere (i e Temporary 30 yard roll off service, compactors, otc ) WORK HOURS Hours of pzckup shall be approved by the Un%versity of North Texas DUMPING AREAS The Contractor shall be solely responsible for depositing the waste material in an approved city, county or private sanitary landfill All landfill fees or costs are the responsibility of the Contractor HOLIDAYS The University observes unusual holzdays These holzdays znclude a couple of days at Thanksgzvzng, 7-14 days at Chrzstmas, and approximately 5 days in March for Spring Break These holidays float and are approved on an annual basis and therefore cannot be specified zn thzs bzd The Universzty frequently does not observe national holzdays such as Memorzal Day, Fourth of July, otc but would expect the successful bzdder to make pickups on each day that the Unzverszty zs open For holiday periods that the Universzty does observe for which no pzckups are required billing shall be reduced on a per day basis based on the per cubic yard add-on/deletzon rate average PARTIAL CLOSING During summer months some of our dormitories and cafeterzas are closed The quantzty of each is dependent upon summer enrollment For periods when these areas are closed the bzlling shall be reduced in accordance wzth przczng on the bid page in regard to add ons and deletzons NOTIFICATION OF CLOSINGS Whether the closzng is total (1 e Holzdays) or partial, the Contractor wzll be gzven a mznzmum of 1 week prior notice of such closings 7 ADDITIONAL WORK OR DELETIONS The University reserves the right to add or delete pickups by gzving the Contractor 2 weeks written notifzcation(Formal change notice) Sazd modifzcation wzll be based on the przces bid on the bid page zn regard to add ons and deletions zn relation to the cubic yard dzfference (Thzs clause is in'reference to when the University acquire~ a new building or demolishes an old building or changes type of service at a building and denotes a long term modzfication) NOTESITO BIDDERS 1 The percentage you show on the bid page zs a maximum annual escalation without forcing a rebid and it will be a factor in determining the award of the bid For example if you bid $1000 O0 a year with 10% escalation factor and the bid states the option to extend the contract as being for 3 years then your bid evaluation would be $4641 O0 over a 4 year period for an average of $1150 25($1000 O0 + $1100 O0 + $1210 O0 + $1331 00) Please forecast this percentage as accurately as possible If you anticzpate no zncrease you may note 0% escalatzon factor A negative escalatzon entered will be considered as 0% escalation 2 Since Holzdays and closings are unpredictable they will not be considered in the evaluation of bids 3 Bzds must be on the forms provzded and be manually signed 4 If as a bidder you are taking exceptzon to any part of th~s specification said exception must be in wrztzng and submitted with the bid If the exception you list is unacceptable to the University your bid may be conszdered vozd Questions regarding acceptable exceptions should be directed to James Keller 5 The successful bidder will be requzred to obtazn a vendor Identification number from the State Comptroller of Public Accounts zf the bzdders fzrm does not already have the number 6 Current and past performance on other contracts may be considered in determining a Contractors abilzty to successfully execute the terms and conditions of this bid BID PAGE (Base bid and option Number One) 1 Monthly solid waste pickup service based on attached route list $_11.614.72 Mo 2 Estimated City of Denton franchise fee $_~. __month(to be included zn tabulation of bids) 3 Estimated Texas Department of Health landfill fee $_~_Q~D0 month(will not be included in tabulation of bids) Misc A The add-on/deletion rate irregardless of container size is $_lJ~ cubic yard B The anticipated percent of annual escalation at the time of each renewal,(should options to extend a contract derzved from this bid be exercised), is ~_% for each additional year Option Number One The additional cost for the second pickup at Kerr East and West to occur between 3 O0 and 5 O0 P M is $804.58 ~onth The undersigned by submztting a bid hereby certifies that he has visited the site and taken full account of existing conditions, hm~ omrefully read the document and understands and agrees that acceptance by the University of North Texas of the bidder's proposal by issuance of a purchase order will create a binding contract COMPANY CITY ~ DE~T~Q~h_~~_]iIVIS~Q~ ADDRESS __~~_~_ . .... (Print Name Here )_ Cha~_~~ DATE SIGNED CITY, STATE, & ZIP _D~m~a~__?6201 PHONE NUMBER The contract is zn all things performable and enforcable zn Denton County, Texas In the event of any breach of this agreement by the Contractor the University shall be entitled to recover from the contractor all damages together with reasonable attorney's fee and court costs Facszm~le or telegraphzc responses to this bid are not acceptable and will not be considered ROUTE LIST (*Daily means once per day, 8 days a week, Monday- Saturday) 1 Physical Plant One eight yd dumped twice per week 2 Physical Plant One slx yd and one four yd dumped twzce per week 3 Physical Plant One eight yd dumped twice per week 4 Physical Education One slx yd dumped four times weekly 5 Chilton Hall One six yd dumped daily 6 Music Building One eight yd dumped dally 7 Admlnlstratzon Building One four yd dumped dally 8 Library One eight yd dumped dally 9 Hospital One four yd dumped daily 10 Bruce Hall One eight yd dumped daily 11 Bruce Cafeteria One eight yd dumped daily 12 Masters Hall One eight yd dumped daily 13 Marquis Hall One slx yd dumped daily 14 Science Research Hldg One eight yd dumped dally 15 Industrial Technology One eight yd dumped three times weekly 16 Power Plant Four eight yd dumped dally 17 Art Building One eight yd dumped dally 18 Kendall Hall one eight yd dumped daily 19 Highland Hall One four yd dumped daily 20 Wooten Building One six yd dumped dally 21 Print Shop Two four yd dumped daily 22 Service Building Two six yd dumped dally 23 Speech & Drama One six yd dumped dally 24 Smith Hall one four yd dumped twice per week 25 Eagle Arms Apts One eight yd dumped twice weekly 26 Kerr East Three two yd dumped twzce dally 27 Kerr West Three two yd dumped twzce daily 28 Kerr Cafeteria Two eight yd dumped daily 29 Maple Hall Two slx yd dumped dally 30 Maple Cafeteria One eight yd dumped dally 31 Clark Hall One six yd dumped daily 32 Clark Cafeteria One ezght yd dumped daily 33 Crumley Hall One six yd dumped daily 34 Quads One eight yd dumped four times per week 35 West Hall Two six yd & one eight yd dumped dally 36 Advancement Center One four yd dumped three times per week 3? Sullivant Center One four yd dumped twice per week 38 Oak St Hall One four yd dumped three times per week 39 UNT Apartments Two six yd dumped three times per week 40 Coliseum Two six yd dumped twice weekly 41 College Inn Four four yd & one eight yd dumped daily 42 Mens Gym One four yd dumped three times per week 43 Misszle Base Two four yd dumped once per week 44 Sycamore Hall One four yard dumped twice weekly 45 McConnell Hall One four yd and one eight yd dumped daily 10 KERR HALL EAST & WEST & CAFETERIA As an option and an alternate separate pricing for Kerr Hall East & West and Cafeteria Ks requested Th~s pricing is for add-on (option Number One) or stand alone(Alternate Number One) service to this building based on the standard specifications Because of the fire hazard in the chute systems of Kerr East & West the most desirable pickup times are before 8 00 zn the morning and between 3 00 AND 5 00 in the afternoons The cafeterza cans are to be picked up only once per day before 8 O0 AM as in the first daily pickup for Kerr East and West By submitting a bid on the option or the alternate the bzdder agrees to the afternoon pickup between 3 00 and 5 00 P M at Kerr East and West Because of the potential for pricing dzfferentlal dependent upon whether or not the option zs awarded to the contractor being awarded the base bzd or the alternate to a second contractor 2 sets of pricing zs requested Should the alternate Number one be awarded a separate purchase order will be issued and administered by the UNT Housing department and the base bzd award wzll be reduced based on 12480 yards(240 yds X 52 weeks) times the add-on/deletion rate listed in the base bid Should Alternate Number One be awarded and the annual cost is less than $25000 01 then the bonding requirement will not apply to the award of the alternate BASE BID AND ALTERNATE NUMBER ONE AWARD CLARIFICATION The University's desire is to have the base bid and ±he option performed by one contractor Should the lowest and best quote on the base bid not be accompanzed by a quotation for Option Number One the University reserves the right to reject the lowest and best base bids until the lowest and best bid on the base bid and Optzon Number One is reached If the base bid and Option Number One are awarded together then Option Number One will be included in the tabulation of base bids to determine the lowest and best bid If the bids received on Alternate Number One are deemed more advantageous by the University than the lncluszon of Optzon Number One with the base the University may award Alternate Number one even though the lowest and best bzd on the base also submitted a bid on Option Number One 1! BID PAGE For Alternate Number One(Kerr Hall) 1 Stand alone sward with second daily pzckup at Kerr East and West between 3 00 and $ O0 P M a Kerr East $ b Kerr West $ .__Mo c Kerr Cafeterza $ Mo d Add on/Deletzon Rate $ .... cu yd irregardless o± can size 2 Estzmated City of Denton Franchise fee $ .......... month(To be included in tabulation of bids) 3 Estimated Texas Department of Health landfill fee $ .... month(will not be included in tabulation of bids) The anticzpated percent of annual escalation for alternate Number 1 for each renewal, (should options to extend a contract derived from thzs bmd be exerczsed ), ms % for each additional year The undersigned by submzttzng a bid hereby certifies that he has vzsited the site and taken full account of existing conditions, has carefully read the document and understands and agrees that acceptance by the University of North Texas of the bidder's proposal by zssuance of a purchase order will create a binding contract COMPANY ADDRESS CITY, STATE, & ZIP PHONE NUMBER AUTHORIZED SIGNATURE (Print Name Here ) DATE SIGNED The contract is in all thzngs performable and enforceable in Denton County, Texas In the event of any breach of thzs agreement by the Contractor the University shall be entitled to recover from the Contractor all damages together with reasonable attorney's fee and court costs Facsimzle or telegraphzc responses to thzs bid are not acceptable and will not be considered 12 Page 1 of 4 Pages CITY OF DENTON EXCEPTIONS & REFERENCES EXCEPTIONS ~l THROUGH ~3 EXCEPTION #1 (Reference page 5, section entitled "Required Service") Texas Department of Health Regulatlon Chapter 325, Subchapter B dictates procedures that may constrain activities descrlbed by the bid docunent. (A copy Is appended for your convenience.) Neither the City nor another vendor may agree to participate In collectlon actlvltles which violate Federal, State, or local waste-hendllng regulatlons. EXCEPTION #2 Authorized waste stored In conformance with such appllcable regulatlons wlll be removed by the City wlthln a ten-~oot radius of a regularly serviced contalner, provlded the number of times such overage Is placed for dlsposal does not exceed twenty-percent C20%) o~ the total ncrnber of services provlded to that collection point during any calendar month. In which case, the City will notify the Unlverslty o~ the need for Increased container capacity or service frequency at said collection polnt, and the City will accordingly amend both the collection schedule and the monthly fee charged the University. The University may refuse such adjustment when Initially notified by the City, but may no longer require the Clty to collect waste not deposited in dc~npsters at the collection polnt In question. Should d~mpsters be overloaded so as to make them unserviceable, addltlonal charges may be made to the University for costs incurred by the City in its efEorts to restore the serviceablllty of the containers in question For example, the removal and dlsposal of large quantltles of construction material {e.g , rock, Iron, concrete, soil) and/or wetted garbage may require the application of addltlonal equipment and personnel, the cost of whlch would be bll~ed to the Unlverslty A separate agreement will be required for the collection and dlsposal of speclal wastes. {See Texas Department of Health Regulation 325.136.) The Clty cannot collect or dispose of hazardous waste {See Texas Department of Health Regulatlon 325.291 - 325.316.) Page 2 ot= 4 Pages EXCEPTION ~3 By law, thls proposal Is subject to Denton City Council's revlew and approval o~ a contract between the ClOy o~ Denton and the Unlverslty Chat would restate the terms and condltlons o~ thls proposal as submitted Page 3 of 4 Pages REFERENCES 1 The University of North Texas Denton, Texas 76203 2. Denton Independent 5chool District Post Office Box 2~87 Denton, Texas 76201 Denton State School State School Road Denton, Texas 76201 4. Tetra Pak 3330 Airport Road Denton, Texas 76201 5. Andrew Corporation 270! Mayhlll Road Denton, Texas 76201 6 Wlnn-Dlxie 1802 Allce & Unlverslty Denton, Texas 76201 7 Wyattts Cafeteria 1008 W. Unlverslty Denton, Texas 76201 8. GTE 310 W. Hlckory Denton, Texas 76201 9. Skaggs Alpha-Beta 232I University Denton, Texas 76201 10. Golden Trlangle Mall 2201 1-35 Denton, Texas 76201 11. Peterbllt Airport Road Denton, Texas 76201 4sw07018812 Page 4 of 4 Pages 12. Pillsbury i725 Cooper Creek Denton, Texas 76201 13. Victor Equipment Company 2800 Airport Road Denton, Texas 76201 14 Russell-Newman 320 E, Hickory Denton, Texas 76201 Additional references avallable upon request 4sw07018812 32S.21 SUBCHAPTER B. Mumclpal SolidAVaste Storage. §3~.21 Appllabillly. This su~,~,apter shill be Ipp~bl~ timers shill be of suitibl~ strength to mlnmz~z ImmlJ to ~l public and pnvare S~or~e systems. Additiomd re. scaven~ng or rupture during culleetinn Op~rltlOne qmrements for storase of huardous wastes ire contain. (2) Reusable Containers. Reusable coat&inure ed in J§]25 271. 325 350 of this t~tJe (relating to Hazard. sheU be mmnmined in e clean condition so that they do ~ous Waste Manulement). not consmute a nmsance and to retard the harboraae, 1325.22 Storage gequiremeBt~. Ali Mhd waste sh~ll b fmtmg, and proMatinu of vectors. stored m such e rammer ~har it does not constitute I fire, fA) Ail conminers to be empued menu.ray safety, or heaith hLultd or provide food or harborase shall be capable of' b~Jng ear.ced mthout the collector for Mutuals and vectors, and shicfi be cootmned o . comas cfi ' r bun :oto physzcal contact with the solid ware. ed co as not to result in Utter, it shaU be the respon. (B) Containers to be mechanJc&lly handled stbilJty of the occupant of' a residence or the owner or sh~ be destined to prevent sptiJaae or Icakase dar:ns manaler of afl estabUshmeot to otdize storase conminen storase, handUnL or transport of an adequate s,ze And stransth, and in suffioent num. bert, to contam aJI 'solid wale that the res:deuce or other§32S 24 CllJzene, Cobctkm Sf-tJone. Citzzcos' coll.:on estabhshmeot 8cnerates m the pertod of rune between stat:om should be prov:ded wtth the typ4~ and quaflt:ty collect:one of couturiers compatible with the areas to be served Rules should be posted 8overmn8 the use of the facfllt), 0325,23 Approved !Couturiers. All sol:d waste cootam, to :netede who may use :t, whet may or may not be mst food wastes shell be stored in covered or closed con- depostted, etc The responszble count), or mun:opaj tamers wh:ch are leakproof, durable, and destined for government shall provide for the collect:on of depot:ted safe hafldhnl and easy ciceroni waste on a scheduled basts and superv:se the fac:hty tn (1) Nonreusable Coutamers Nonreusabie con- order to mamtmn it tn a SanltM'y cond:tlon 10 2969L RESOLUT O A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE EXPANSION OF DALLAS/FORT WORTH INTERNATIONAL AIRPORT. WHEREAS, the Dallas/Fort Worth International Airport has had substantially positive ~mpact of the total economy of the North Texas region from its opening ~n 1974 to the present t~me; and WHEREAS, that very positive economic ~mpact has been created ~n North Texas because of the outstanding service to the a~r trav- eling public of the alrllnes which serve the airport and the effi- cient operation of the a~rport and ~ts support facilities managed by the Dallas/Fort Worth international A~rport staff; and WHEREAS, the Dallas/Fort Worth International A~rport Board has determined that adjustments to the or~glnal Dallas/Fort Worth A~rport Master Plan ~n the form of the construction of add~tlonal runwayst runway extenslonst additional air carrier terminal facil- ities and roadway ~mprovements w~ll be necessary to maintain the current level of operating efficiency and, at the same time, permit additional expanslons of air carrier service; and WHEREAS, the planned improvements to the Dallas/Fort Worth International Airport w~ll create an ~mmed~ate economic ~mpact resulting from 1.5 b~ll~on dollars ~n construction activity, ~n- creased direct aviation-related employment on the airport and, most ~mportantly, the support system absolutely essential for the Dallas/Fort Worth International A~rport to continue to function as the most ~mportant economic growth accelerator ~n North Texas for the foreseeable future; and WHEREAS, the Dallas/Fort Worth Airport ~s a critical factor ~n the development of economic opportunlt~es for all c~tlzens of the Dallas/Fort Worth Metroplex and for future generations; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. That the C~ty Councll of the City of Denton, Texas, hereby wholeheartedly endorses the necessary and practical changes to the Dallas/Fort Worth International A~rport Master Plan as ap- proved by the Dallas/Fort Worth international A~rport Board. SECTION II. That the C~ty Council of the C~ty of Denton, Texas, encourages its membership of corporations and businesses to speak out in favor of the planned ~mprovements at the earliest date posslble. SECTION III. That the City Councll hereby supports rapid completion of the required Environmental Impact studies and be- ginning .of construction of the planned improvements at the ear- llest da, re possible. SECTION IV. That the C~ty Secretary ~s hereby directed to forward'official cop~es of th~s resolution to each member of the Dallas/~ort Worth International A~rport Board, the executive staff of the a~rport, the regzonal office of the Federal Aviation Admin- istration and the off~ce of each a~r carrier serving Dallas/Fort Worth International A~rport. SECTION V. That this ordinance shall become effective ~mmed~- ately upon its passage and approval. PASSED AND APPROVED th~s the~/~ day of ~ , 1990. ~ BOB CASTLEBERRY, MA7 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 COP~ES AI~PO~ LEGAL, CDBG LOTION FMERG~NCY MGMT. ENGINEERING {E CAPITAL IMPROVEMENT PLAN PROPOSED BY THE I MMISSION; AND PROVIDING FOR AN EFFECTIVE FINANCE FIRE ~ 8th day of July, 1990 the Planning and LIBRA ¥ nended the capital improvements to be con- MUNIC%PAL COURT hcomlng five year period, and PARKSi& REC. Manager furnished a copy of the recommen- PERSONNEL ~cll on the 21st day of August, 1990; and PLANNING ~e above actzons were taken %n compliance POLICE ~ Section 10.03(a)(6) of the City Charter, PUBLIC WORKS ~URC~SING 'ounc~l wishes to formally adopt the rec- TAX ~lsslon; NOW, THEREFORE, UTILITIES OF DENTON HEREBY RESOLVES' OPERA~IONS ANAL. OTHERS ~e Council approves the attached l~st of ,roposed to De constructed during the CITY ISECRETARY rlod. th~s resolution shall become effective sage and approval. this the~/~- day of August, 1990. BOB CASTLEBERRY, M~R ~ / ECRETARY A OvE AS TO LEGAL ORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY EXECUTIVE SUMMARY The 1991-95 Utzilty Department Cap~tal improvements Plan Is baaed on the 19~1-9:} Utility Department Planning Forecaat, which projects a popuJat~on increase from &~,&2& m l~l to 77,0~8 m 1~95. ThL~ represents an avera&e annual pepuiat~on 8rowth rate of 2.1~ per year. The majority of capital expenditures wall be required to serve the new customers betas added to the systemt however, some expena~tures are required to up&raGe the Waatewater Treatment Plant to meet the latest water quarry re&ulat[ons. Th~s year, the capital ~mprovement projects of the Commumty berv~ces Dlv~lona are also included. These divisions are Soild Waate, which includes raa~dent~al coilection, commercial coUec'~on and disposal! Equipment Services, which includes Fleet Maintenance, Motor Pool and Machine Shop! and Drama&e, which includes Street Sweepms. Since L)rama&e wd~ continue to be funded from Genaral Government lundin8 sources, th~ Cfi= budpt wall also be rewewed aa part of the City's General Government cap~tal ~mFrovement piannin8 process. Th~s document is intended to serve as a 8u~(~e as ~t ralates to the capital requirements of the Utility and Commumty Services Departments m their efforts to maintain the high ral~a~il~ty and serwce quaUty of the Electric, Water and Wutewatar systems, and Commumty Service Divisions. However, ~ue to the nature of the utUlty buamaa~ a cartam fiex~bdlty ,- a&sumed w~thm ~he document m order to accommodate chart&es aa they occur. The f~tst year Of the CIP, ~.e., 1991, ia fairly car'~am, but therea, ttar, adjustments may be RecesaaJ'y ~n ~uture CL° pro&rams to reflect the chan&~n& needs of the city. Page i Generni- Utilities and Commumty ¢ vices The l~l-~ F~ve Year Ut,ilW System Capit~l Improvement Plan projects expendStures of $~2~,623~000 for caplt&l improvements, Th'~ total includes $¢~$~000 for the Electric Depar~men~ lmprovementsl ~0,~l,000 for the W~ter Depar~men~i $~2,3~¢,000 ~or the W~tew~ter Dep~ment. ~ eddit~on, I$S~2~000 lot ~o[~d W~e ~ Community ~e~v~ces ~dm~str~t~oni $~2~000 ~or ~uspment ~rvtces ~d $7~000 ~or Dr~ma6e. For ~e Utility System, the m~jor~y o[ the ~unds ~or cap~a~ ~mprovemen~s wd~ be ~rom ~he ~u~ure sa~e o~ UtllL~y ~evenue Bon~ $92~00~000 end the use o~ ex~s~in~ revenue bond sa~es~ $~2~[72~000~ w~th ~me ~un~ bern6 m~ern~lly ~enerated $1~,3~7,000 ~rom ra~es wt~ the mm~der from "Atd tn C~ttuc~lon" $1,10~O00 and other M~CO~US Setwc~ $&,777~000 whl~ ~e pr~m~l~y from prepaid fees :o ~e City's Motor P~. The toilow~B Elac~ric Depm'tment The F. lectrtc System will require $a,6.8 red,Ion in capital funds durin8 the 1991-9~ period. In accordance with the 199t-9~ ForecMt (hereafter reterrecl to aa "the Forecast"), the F. lectric System expects :~,12l new customers to be added. Capital expenditures requl~ed for these customers a~d improvements to maIntain reliable service to exL~tln~ customers make up the maloritY of the CIP pro)ects. One new substation wiU be completed tn 1991 at a total cost o! $l,000,000 ot which $$&0,000 wlU be expended in i990, and wiIi be doubted in size in i99~ at a cost o! $&O0,O00. :~70,000 will be used for load menasement prosrams dur~n8 the 1991-199~ period. ^ portion of the overhead lines (..~ mlies per converted year) will be Page 2 Two hydroelectric umts (one each &t Lake Ray 9.oberts a~d ~e Lewmv~e) wzU ~ ~mp~et~ ~ 199~ a~ ~ ~tLmat~ m~ cost o~ $~,06%000 ~or Lew~v/Ue ~d S3,836,0~ for Ray Ko~rt~ Admtion~ buUd~& s~e ~or a C~gr~ Dispatch ~A~UW ~ EI~ De~men~ ~ w~ be co~truct~ m ~92 at ~ at~mit~ cost o~ $~}00~000, ~ combed cycle Fundln8 ~or the electric projects wUl be provided ~rom ~our m~n source~ 1. Bond tund~ $37.~.~ mdUon 2. Current revenue~, $7.326 mdbon 3. A/d-b~.Cormtruction, $0.34~0 mdlmn O~r ~, $i.~06 mdl~n I ~ ~ & ~t~ ~ ~owth rate o[ 2.1 · to 2.6~ ~ ~ m~a~on rate d ~m~lY }~t ~e E~r~c Delimit u~c~ta ~e lo~ow~8 ~e~ 0 2~ 0~ ~ 7~ ap~o~mage~y ~ o~ ~e EI~c De~tm~t ~d~eg. ~e ~ debt ~wce ~ymen~ re~e~nt 6.9~ o~ the El~r~c Page 3 Depertmant budltet tn 1991 ancl mcrea~e to 7.J~ m i99~, with the increase primatUy due to the proposed $16,000,000 investment m 199~ o! a 30 MW repowerin8 o! the City's Spencer Generatm8 Plant. The funds for cap,iai improvements derived from current revenue range from 1.6~ of budget m 1993 to 2.J~ m Water Department The Water Utility will add an estimated 1,9~7 customers durm$ the planmn$ period (from l&,l~2 m 1991 to 20,0&9 m 199~) an(~ wlU have an averase annua~ Customer srow~h rate of approximately 2.a ~. To provide adequate water servlce, it a anticipated that $00.~ mlU~on fund~ w~ be required over the next five yeats. The major proJects w~l be the addition o~ a ten mllUon sa~on per day (MGD) water plant and water tranamm~on ILqe, at an estimated cost o! $1&,183 mdU~n o~ which uaumed that the Upper TrLq~ty Resior~ Water District wlu ~und ~9~, one 2 MGD elevated storage tank at a cost of $2,~0~ mlElon~ and the replacement of miscellaneous water lines for a cost of $2~19 m~Umn. The new water treatment plant wall ~nctea~e the maximum capec~ty to ~0 MGD. A detailed l~t~n& ~ l~cated at the end of th~a section. Warm' Depa~tment-Fundln$ Fundln$ for the water projects has ~out major sources~ I. Bonds, $2a,2~7 mdllon 2. Current revenue, $0.390 mdl~on Ald-in-Cenltructlon, $0.62~, mdlion Other, $6.&97 mi.,on Water bond ~a]es ate estimated to be $23,000,000. Page 4 Water Department-R&te lncre~ It .m anticipated that the Water Department w~ll requAre rate increases of 91 92 ~:~ 9~ Increase 12~ ~2~, 12~, ~ These increases are primar~ly due to increased costs assocAated wAth me payments tot the Ray i~obarts project, debt serwce ior the new water ~d ~ated tr~sm~on l~e, ~e 2 M~ eieva~ sterne t~ ~ the Hart[~ Plaid ~d. 5~ter Pump 5tat~on w~ ~round storage ~s. The $333~000 ~r ye~ repayment of ~ outst~dm~ $~.0 m~on watar/w~ewatar debt ~o the Elastic De~ment w~ ~ ~at~n~ d~m~ [99i ~d 1992. Waatew&tar Department The Wa~tewatar Department wAU add an est~mate~ 1,603 customers durm$ the plennm$ pemod. The customer count wall increase from 1~,0~2 m 199! to 16,6~.5 An 199~. Improvements ~nd rapt&cements to the Wastewater System are projected to cost ~2.3~ million. Major capit~ Atems include expanmon o! the Wastewater Plant from 12 to 1~ MGD at an estimated cost oi $2~.8~0 m,lllon, oversize sewer lines at a cost ot Sit000 mUilon, replace obsolete sewer lines at & cost of $2.076 million, ~mplement an milltratAon/~nilow correct,on pro,ram m~ilon), up~rade several l~tt st&tlons ($0.~6 m~Ulon), the tundin$ development plan weJtewatar lines ($1.2~ m~iimn) and purchase m~ceUanenus equipment (~0.105 million). A det=,~ed ~Astm$ m located at the end of sectloa, Page 5 Wa~tew&tar Department-Fundin~ Fufldm8 ~or the wastewater projects w,l] be prov~cled Zrom ~our mare sources= 2. Current revenue, $3.&3J million 3. Aid"m-Construction, $04¢5 rmlilon ¢. Other, $0.37¢ ml~on Wastewatar bona ~eies are estimated to be $37,000,000. Wa~tewatar Department Rate lncrea.e~ It ~ anticipated that the WatteI, Department w~l] require rate zncrease~ o! These rate ~ncre~ses are primarz]y the result oZ the reqwred ~'a~tew&ter Treatment Plant expansion. ~oiid Waste Division The ~olid W~te Oivismfl ~ ~timat~ to have z~e~zn~ ~vice requ~ements ~u~ to the r~te o~ ~iation ~rowth~ z.e., aP~o~mateiy 2.0 to Alth~ ~e 1~ r~e p~ Sor the Soi~a W~te azvmon ~e ~t fm~ the ~nt time, t~ p~ o~ ~ pl~, zt w~ ~m~ ~t ~e c~ty w~ld re~ ~ ~e bua~ o~ coU~tm8 ~l reslaentl~ ~]id w~te, ~e Page 6 p~e o! the commercial ~olsa waste a~ Ln 1~90 ~ ~ ~nez' one c~y would con~mue m prov~e so~s~ w~e d~ ~or ~cs own colOr,mn services, pres~ s~e on~y h~s ~200~000 cubic y~ o~ volume ~v~e~ ~nu~ ~ r~te ~ pre~n~y 300,000 cubic y~d~, s.e., res~entm~ 90,000 cumc y~ds, commerc~ ~00~000 cubic yar~, con~r~z haulers, [00,000 ~bsc y~d~ end m~e~us ~0 to 20~000 c~c y~ds. ~ · d~erent Ion6 r~e ~enarm ~s smp&emen~ the pro~a~ C[P ws~ n~ m he The ~m~ovements end replacements r~u~ by the ~lsd W~te Dzws~on Commumty ~rv:ce Aammistr~tmn zs $~,263,000 durm~ ~e Fzve Ye~ The m~]or expe~l~ures ~e ~or mob~e ~uspm~t, ~olAd Waste Divislon-Fundln~ Fundm$ ~or the 5elsa Waste prolec~ w~B be provided ~rom three mare sources~ [. ISonda, $& mdUon 2. Current revenue, 3. Other, $1.~& million SoUd Waste Division-Rate Increases Present ressdential rates are $9.39 per 30 day petted. Since a h~h de~ree o! uncerrainW exia~ about the ions range plans o! the Sobd Waste D~v~smn, no prolectiens were deveJoped ~or future rates. Page 7 Equipment Services Dlvimon The Equipment Services Divssion~ which mciucies Flee~ ~,taintenancet Pool and Machine Shop~ ts estimated to have capit~J requirements of over the 19~l to i~ time period, These expenditures are primar~ly for replacement and machine shop tooiin8 and are expected to be primartJy funded from current revenue derived from the rates charged to the various clivJsions and departments for gara~[e end machine shop services, $727Uti-& Page 8 APITAL IMPROVEMENT PR ECT 20-Apr-90 1991 - 1995 CAPITAL IHPROV£~[NT PLA~ 05~ A~I ELECTRIC DEPARTHENT ($ X 1000) PROJECT ~OND CUVAENT AID-IN ~BER PROJECT D[SCRIPTION TOT~ F~D REV[~E CONS~ OTHER ~isC~ y~ 91 91-0251-01 I~OV~T9 TO REDUCE CYCLING I $155 ~0 91-0251'02 PO~ P~T EgUI~T ~D T~LS 15 0 15 0 91-0251-03 O~FICE/FACILI~ EQUIPH~T, FIXTU 16 0 16 0 91-0251'01 PO~ P~T I~ROV~TS 105 0 105 0 91-0251-O5 OV~UL ~IT 3 ~BINE/GEN~TO 285 0 0 O 285 91-0251"06 LEWISVlLLE ~O~LEC~IC PROJECT 175 175 0 0 91-0251-07 ~Y ROBOT8 ~OLEC~IC 370 370 0 0 SUB-T~ ELE~IC PRODUCTION $1,121 $5~5 $291 SO S285 91-0258-01 RRSID~ITIAL STitEET LIGHTING $79 $32 SO $47 $0 91-0258-02 STRERT LIGHTS " AItTLqXAL 173 173 0 0 O 91-0258-03 STP. EET LIGHTING ' SE~I~ 35 0 35 0 0 91-0258-0~ HISCEL~E~S T~LS ~D EQUIPH~ ~ 0 5 0 0 SUB-TOT~ ELECT STreET LIGHTS 292 205 ~0 ~7 0 91-0252-01 O/H EXTENSIONS & II4PROVEHENTS $452 $452 $0 SO $0 91-0252-02 POWe-n FACTOR IHFROVEHENTS $100 100 0 0 O 91~02~2003 ~D~GRO~ ~T~SIONS & I~O~ $617 617 0 0 0 91~0252-0~ ~SFO~ & EQUI~T $621 621 0 0 O 91-0252-05 ~ P~L ~C~T $178 0 56 0 122 91-0252'06 HISC~E~S T~LS ~D ~QUIP~ $80 0 80 0 O 9~O252-O7 iI~T-OF*~AY ~S~TS $50 0 50 0 0 9~,0252-08 EC~C FEED~ COHDUCTOi REP~C $~70 0 ~70 0 0 9~O252-09 O/H ~ ~O~D CO~SIOHS S300 O 300 0 0 e~,O252-~0 ~BILE DA~A T~IH~S $26 0 26 0 0 91~O252-~ P~E OF ~EC~IC FACILITIES ~5OO 500 0 0 0 e~0252'~2 H~SC~US OFFICE E~U]P/F~I $5 0 ~ 0 0 SUB-~ ~KC~IC DIS~IBUTION 3,099 2,290 687 0 ~22 91+o253-01 HETEitS AND ASSOCIATED EQUIPHENT $90 $54 $36 $O $O 9t*0253-02 t4OEILE E~UIPHENT REPLACF, NEHT ~53 15 0 7 0 8 91+0253-03 NISCELLAHEOUS TOOLS & EQUIPMENT 18 0 18 0 0 91~0253"0~ LOAD HA~AGEHENT PROaRt4 150 150 0 0 0 91,0253"05 MOBILE DATA TEIUIINALS 27 0 27 0 O SUE'TOTAL ELECTRIC HETERING 300 204 88 0 8 Pase 9 ~APITAI. IMPROVEMENT PRO, ~,T 20-Aur-90 1991 - 1995 CAPITAL INPROVENE, NT PLAN 05s41 ~ ELECTRIC DEP~TM~T (~ x looo) PRO~C~ BOND C~T ~B~ PRO2~CT DBSCRIPT~ON TOT~ F~D R~V~B CON~ OTHER FISC~ Y~ 91 91-0254-01 NOBILE DATA REP~ATEN $30 $30 $0 $0 $0 91-O254-02 MISCELLANEOUS TOOLS & EQUIPMENT $20 0 20 0 0 91-025&-03 TELEPHONE INTLqCONNECT S¥STEN. $36 0 36 0 0 91-0254-04 SHOP CEILING INSTALLATION $8 0 8 0 0 91-02~4-05 PURCHASE VEHICLE 5401 $13 O 13 O O 91-02~4-06 8001~Z SECURENET $37 18 19 0 0 91-O254-07 RADIO EQUIPHENT CAPACITOR CONTRO $40 0 40 0 0 SUB'TOTAL ELECT COHNUNICATIONS 184 48 136 0 0 91-0255-01 AUDRA SUBSTATION CONSTRUCTION $140 $140 $0 $0 $O 91-02S5-02 REPLACE 69 ~ ENF. UCERS 882 82 0 0 0 91-0255-03 SCADA EQUIPHEHT 850 0 50 O 0 91-02~5-0~ SUBSTATION SCREENING (AIRI~ORT) $75 75 O O O 91-02~5-05 PURCHASE COHI4ERCZAL RIDING LAM $14 0 14 0 0 91-O255-06 MISCELLANEOUS TOOLS & EQUIPMENT $25 0 25 0 0 SUB-TOTAL ELECT SUBSTATIONS 386 297 89 0 0 91-0250°0! MISCELLANEOUS OFFICE EQUIPNENT/F $78 $O $78 $0 $0 91-O250-02 MOBILE EQUIPMENT 015 0 8 0 7 91-0250-03 GIS $40 0 40 0 0 SUE-TOTAL ELECT ADMINISTRATION 133 0 126 0 7 REVISED TOTALS FOR YEA,t ' 1991ClP 5,515 3,589 1,457 47 422 Page 10 CAPITAL IMPROVEMENT PFI ECT 20-Apr-90 1991 - 1995 CAPITAL I~ROVEHENT PLA~q 05~41 AN BLECTItlC DBPARTHENT ($ X 1000) PROJECT BOND CUILqENT AID'IN NUMBER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTRUC OTHER FISCAL YEAR 92 92o0251-01 POWER PLANT EQUIPH~NT AND TOOLS 92-0251'02 OFFICE/FACILITY EqUIPHENT, FIXTU 817 0 17 0 O 92-0251-03 HOBILE EQUIPHENT REPLACEHENT $4& 0 92-0251-04 POWr, R PI,~T EQUIPHENT $270 0 270 0 0 92-0251-05 OVERHAUL UNIT No 4 TURBINE GF2qE 8195 0 0 0 195 92-0251-05 CHEHICAL CLEANING BOILERS No ~s $120 0 0 0 120 SUB-TOTAL ELECTRIC PRODUCTION 678 0 352 0 326 92-0258-01 RBSID~ITIAL STREET LIGHTING 892 $0 $37 $$$ $0 92-0258-02 STREET LIGHTS - ARTERIAL $159 159 0 0 O 92-0258-03 STREET LIGHTING ' SECURITY $40 0 40 0 0 SUB-TOTAL ELECTRIC STREET LIGHTI 291 159 77 55 0 92-0252-01 O/H EXTEN$ION$ & IMPROVEMENTS $444 $444 $O 80 $O 92-0252°02 POWER PACTOR IH~ROVEHEHTS $105 $105 $0 $0 92-0252-03 UNDEItGROUND EXTENSIONS & IHPROVE $716 8716 $0 $0 92-0252-04 TRANSFOiefEXS & E~UIPMENT $~38 $~38 $0 $0 $0 92-0252-05 ~ POOL RE~LACEHBNT $228 $0 891 $0 $137 92-0252-06 HISCELIat~EOU$ TOOLS AND E~UIPHEN $100 $0 $100 $0 $O 92-0252-07 RIGHT-OF-WAY ZASEHENTS $55 $55 $0 80 $0 92-0252-08 ECOHOHIC FHEDER CONDUCTO~ REPLAC $205 $205 $0 $0 $O 92-0252-09 o/a TO UNO.GROUND CONVEItSIONS $2,400 $2,400 $0 $0 $O SUB-TOTAL ELECTRIC DISTRIBUTION 4,891 4,563 191 0 92-0253-01 HBTEIt$ AND ASSOCIATED E~UIPHF. NT $106 $67 $39 $0 $O 92-O253-02 HOBILE EQUIPHENT REPLACE)4EHT 39 0 9 0 30 92-0253-03 HI$CELLAHEOU$ TOOLS & EQUIPHENT 20 O 20 O O 92-0253-04 LOAD HANAGEI4LqT PROORA~ 165 0 165 0 0 SUE'TOTAL ELECTRIC HETERINO 330 67 233 O 30 Page 11 APITAL IMPROVEMENT PROJ , ? 20-Apr-90 1991 - 1995 CAPITAL IMPNOVEMENT PLAN 05~4! AM ELECTRIC DRPA~TMENT ($ X 1000) PROJECT BOND CUItJtENT AID-IN NUMSEJt PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTB OTHER FISCAL YEAR 92 92'0254"01 MIBCELLANEOU$ TOOLS & EQUIPMENT $20 $O $20 $O $0 92'0254"02 RADIO ~NTECONNECT TMPA, 8P, AZOB, $30 $0 $30 $0 $0 92"0254'03 AUTOMATIC V~,HICLB LOCATION $30 $0 $30 $0 $O 92-0254'04 REPLACE S C.A O A. CRT'S $20 $0 $20 $O $0 92"O254'05 RADIO SQUIPHENT CAPACITOB CONTBO $40 $0 $40 $O $0 SUB'TOTAL SLECT~IC CO~94UNICATION 140 0 1~O 0 0 92"O255'O1 REPLACE 69 KV B~EAICEItS $86 $86 $O $0 $O 92'0255"02 BEPLACE SUSSTA EMERG. INT~BPNON 15 0 15 0 0 92'0255'03 TRANBPOIOIEB MOBILIZATION 100 100 0 0 0 92-0255-O4 MOBIL~ EQUIPMENT B~PLACEMENT #$5 14 0 7 0 ? 92-0255-05 MISCELLANEOUS TOOLS & ~QUIPHENT 30 0 30 0 0 SUB-TOTAL ELECTitlC SUBSTATIONS 245 186 52 0 7 92-0250-01 MIBCELI,A~SOUS OFPICE EQUIPMF. NT/F $180 $O $180 $0 $O 92"0250-02 NOTO~ POOL 15 0 15 0 0 92-0250-03 GIB 45 0 45 0 0 92-0250-04 NE~ S~ItVICE FACILITY 1,500 1,500 0 0 0 I SUB'TOTAL ELBCTitlC ADH. MISC. 1,740 1,500 240 0 O TOTALS FOR YFaLIt - 1992 ClP 8~315 6,475 1,285 55 500 Page 12 CAPITAL IMPROVEMENT PR~ ,ECT 20-Apr-90 1991 - 1995 CAPITAL IHPEOVEMENT PLA/q 05z41 AM ELECTRIC DEPARTMENT (9 X 1000) PRO~ECT BOND CURRENT AID-IN NUMBER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTRUC OTHER FISCAL YEAI 93 93-0251-01 OAS PIPELINE 91,000 $1,000 $0 90 SO 93-0251-02 NOEILE EQUIPHEMT REPLACEMENT 11 0 3 0 S 93-0251o03 POWER PLANT EQUIPHEMT AND TOOLS 50 0 50 0 O 93-O251-04 OFFICE/FACILITY EQUIPHEMT, FIXTU 18 0 18 0 0 93-O251-05 POWER PLANT INPROVEHENTS 150 0 150 0 0 93-O251-06 OV~HAUL UNIT No. 5 TURBINE GENE 210 0 0 O 210 SUE-TOTAL ELECTRIC PRODUCTION 1,439 1,000 221 O 21S 93-0258-01 RESIDENTIAL STREET LIGHTING $124 $0 $50 974 SO 93-O258-02 STREET LIOHTS - ARTERIAL 58 58 0 0 0 93-0258-03 STREET LIGHTINO - SECURITY 45 0 45 0 O SUB'TOTAL ELECTRIC STREET LIGHTI 227 58 95 74 0 93-O252-01 O/R EXTENSIONS & IMPROVEMENTS 9445 $445 $O $0 SO 93-0252-02 POWER FACTOR IMPROVENENT$ 9110 9110 90 90 90 93-0252-03 UNDERGROUND EXTENSIONS & IMPROVE 9857 9857 $O $0 90 93-O252-O4 TR.q~SFORNERS & EQUIPNENT $948 9758 9190 90 SO 93-0252-05 ~IOTOR POOL RRPLACEMENT $91 ~0 $33 $0 $58 ~3-0252-06 HISCEL~EO~S T~LS ~D Eg~IP~ 9125 $O 93-O252-O7 RIGHT'OF-~AY ~S~TS $60 SO $60 ~0 $0 e3-O252-08 ECON~IC FEEDER CONDUCTOR ~EP~C $2~0 $210 $0 $O 93-0252-00 O/H TO ~DERGIO~D CO~SIUNS SSOO 9300 $O $0 $O SUB-T~ ELECTRIC D]STRISUTIUN 3,~6 2,680 ~08 0 93-0253°0! METERS AND ASSOCIATED EQUIPHENT 9130 $78 952 90 SO 93-0253-02 MOBILE EQUIPMENT REPLACEMENT 27 0 9 0 18 93-0253-03 MISCELLANEOUS TOOLS & EQUIPNENT 23 0 23 0 O 93-0253-0& LOAD t4ANAOEMKNT PROGRAM 175 175 0 0 0 SUB-TOTAL ELECTRIC METERING 355 253 84 0 18 Page I3 I! ~APITAL iMPROVEMENT pROJ, .T 2,-Apr-9, 1991 - 1995 CAPITAL IHPHOVF.~NT PLAN 05t&l A~4 ELECTRIC DEPARTMENT ($ X 1000) FROJBCT BOND CUI~ENT AIO-IN ~BER P~OJECT DESCRIPTION TOT~ F~D ~EV~E CONSTRUC O~HE~ 93-025~-01 MISCELLANEOUS TOOLS & EQUIPMENT $25 $0 $25 $0 $0 93-025~'02 RADIO EQUIPMENT CAPACITOR CONTRO 40 0 40 0 0 93-0254-03 REPLACE VEHICLE $420 iS 0 0 0 93-O2S4-04 UTILITY DISPATCH RADIO & TBLEPNO 7 0 7 O 0 SUB-TOTAL ELECTRIC CO~(UNICATION 87 0 72 0 15 93-0255-01 HICKOIY SUBSTATIOH ACS RETROFIT $188 $188 $0 $0 $0 93-0255'02 REPLACE 69 KV BREAKERS 90 90 0 0 0 93-0255-03 EXTEND NTR/S~ FACILITIES TO AIR 20 20 0 0 0 93-0255004 PURCHASE TRACTOR FOR SUBSTATIONS 40 0 40 0 O 93-0255'05 MISCELLANEOUS TOOLS & EQUIPMENT 30 0 30 0 O 93-O2S5'O6 NOBILE EQUIPHENT REPLACEHENT #55 16 0 8 0 8 SUB'TOTAL ELECTRIC SUBSTATIONS 384 298 78 O 8 93-0250-01 NISCELLANBOUB OFFICE EQUIPHENT/F $85 $0 $85 $0 $0 93-0250°02 ,IS 50 0 50 0 0 SUB-TOTAL ELECTRIC ADH MiSt. 135 0 135 0 0 TOTALS FOR YEAI - 1993 CIP 5,773 ~,289 1,093 74 317 Page 14 II ' GAPlTAL IMPROVEMENT PRe 20-Apr-90 1991 * 1995 CAPITAL IHPROVENENT PLAN 05~&l M4 ELECTRIC DEPARTMENT ($ X 1000) PRO~ECT BOND CURRENT AID-IN ~B~ PROJECT DESCRIPTION TOT~ FUND REVUE CONSTRUC OTHER FISC~ Y~ 9~ 94-0251-01 POWER PI, A~T EQUIPMENT A~D TOOLS $50 $0 $50 $O $O 94-0251-02 OFFICE/FACILITY EQUIPMENT, FIXTU 19 0 19 0 0 94-0251-03 HOEILE EQUIPMENT REPLACEHENT 16 0 9&-0251-04 POWER PLAIqT INPROVFJiENTS 900 0 900 0 0 SUB'TOTAL ELECTRIC PRODUCTION 985 0 973 0 12 9~-0258-01 RESIDENTIAL STREET LIGHTING $132 $0 $53 $79 $0 9&-0258-02 STREET LIGHTS ' ARTERIAL 29 29 0 O O 94-0258-O3 STREET LIGHTING - SECURITY 50 0 SO 0 0 SUB'TOTAL ELECTRIC STREET LIGHT! 211 29 103 79 O 94-0252-O1 O/H EXTENSIONS & INPROVF~4ENTS $556 $556 $0 $0 $O 9,-o252-o2 PowER FACTOR IHPROVEHENTS 120 120 0 0 0 94'0252'03 UHDERGROUI1D EXTENSIONS & I~ROVE 9~5 9~5 0 0 0 9~-0252-0~ ~SFO~S & EQUIP~T 960 960 0 O 0 94-0252-05 ~BILE EQUIPM~T RgP~C~NT 69 0 13 0 56 94-0252-O6 HISCE~EOUS T~LS ~D EQUIPN~ 130 0 130 0 O 94-0252-07 RIGHT-OF-WAY EAS~TS 65 65 0 0 O 94-0252-08 ICOniC FEED~ CONDUCTOR ~EP~C 215 215 0 0 0 9~-0252-09 O/H TO ~D~GRO~D CO~SIONS 300 300 0 0 0 SUB-TOT~ ELE~RIC DIS~IBUTION 3,360 3,161 143 0 56 94-0253'O1 ~TERS AMD ASSOCIATED EQUIPMENT $t32 $79 $53 $0 $0 94-0253'O2 MOBILE EQUIPMENT REPLACEMENT 30 0 16 0 14 94-0253-03 REPLACE HETER TEST~ 50 50 0 0 0 94-0253-~ LO~ ~AO~T PR~ 185 185 0 0 0 94-0253-05 ~LS ~D EQUIPH~T IEPLACEHENT 20 0 20 0 0 SUB-T~ ELEC~lC HET~IHG ~7 3~4 89 0 Page 15 ApITAL. IMPROVEMENT 20-Apr-90 1991 - 1995 CAPITAL IMPaOVEHENT PLAN 05s41 AM ELECTRIC DEPARTHENT (5 X ~000) PROJECT BOND CURRENT AID-IN NI~IBER PaOJECT DESCRIPTION TOT~ ~D ~EV~E CONS~UC OTHER FISC~ ~ 9~ 94-O254-01 HISCELLA~EOUS TOOLS AND EQUIPMEN 525 $O 525 $0 $O 94-0254-02 RADIO EQUIPMENT CAPAClTOa CONTRO 40 0 40 0 0 94-0254-03 REPLACE VEHICLE 5404 15 0 0 O 15 94-0254-04 REPLACE VINTAGE RADIO REPEATERS 60 60 0 0 0 SUB-TOTAL ELECTRIC CONI~UNICATION 140 60 65 0 9~-O255oO1 RETROFIT EHEAKEHS (LOCUST & gOaT 5260 $260 $0 $0 50 94°0255-02 REPLACE 69 aV EHFAKEHS 95 95 0 0 0 94-0255-03 INSTALL ~Tlt/s~a AT NOaTHLAKES SU 10 10 0 0 0 94o0255-04 MISCELLANEOUS TOOLS & EQUIPMENT 30 0 30 0 0 9~-O255-05 ~BILE EQUIPH~T iEP~C~NT ~55 20 O SUB-TOT~ ELEC~IC SUBSTATIONS ~15 365 ~0 0 94-O250-01 MISCELLANEOUS OFFICE EQUIPMENT/F $90 50 590 50 50 94-0250-02 MOTOR POOL 16 0 8 0 8 94-0250-03 GIB 60 0 60 0 0 SUB-TOTAL ELECTalC ADH HISC 166 0 158 0 8 TOTALS FOR YEAR ° 1994 CIP 5,694 3,929 1,571 79 115 Page 16 CAPITAL IMPROVEMENT PR~ ,~CT 1 I 20-Ap~"90 1991 - 1995 CA~IT~, I~HOVE~BNT PL~ (~ X 1000) P~OJ~CT BOND C~T AID'IN ~ P~OJECT DESCrIPtION TOT~ ~D ~EV~E CONS~UC OTH~ 95-0251-01 GAS TURBINE COHBINED CYCLE 916,000 916,000 90 90 90 95-0251'02 POWEIt PLANT EqUIPNENT AND TOOLS 75 0 75 0 0 95-0251-03 OFFICE/FACILITY EqUIPNF, NT, FIXTU 20 0 20 0 0 95-0251-04 PONER PLANT INPROVIL~IENT$ 175 O 175 O O SUB-TOTAL ELECTRIC PRODUCTION 16,270 16,000 270 0 0 95-0258-01 RESIDENTIAL STREET LIGHTING $142 $0 $57 $85 $O 95-025E-O2 STRENT LIGHTS ' ARTERIAL 285 285 0 0 O 95-0258-03 STREET LIGHTING - SECURITY 53 0 53 0 0 SUB"TOTAL ELECTRIC STREET LIGHTI 480 285 110 85 O 95-0252'01 O/N F, XTENSIONE & IHI*ROVEMENTS 9496 9496 $0 90 90 95-0252-02 POWER FACTOR INPROVEIqENTS 125 125 0 0 O 95-0252-03 UNDERGROUND EXTENSIONS & I~ROVE 959 0 959 0 0 95-0252-0~ ~9~O~9 & EQUIPMENT 1,000 1,0OO 0 0 0 95"~252'05 ~ P~L IKP~C~T 172 0 65 0 tO7 95-0252-06 MISCEL~EOUS T~LS ~D EQUIPH~ 135 0 135 0 0 95-0252-07 RXG~"O~"~AY ~B~T9 75 0 75 0 0 95-9252-06 EC~XC PEED~ CONDUCTOR REPLAC 225 225 0 0 0 95-0252-09 O/H TO ~D~D COheSIONS 300 300 O O O 9UB'T~ [LEC~XC DIS~IBUTION 3,t87 2,146 1,23~ 0 107 95'0253'01 NItTENE AND ASSOCIATED EQUIPHENT $144 $87 957 $0 $O 95-0253-O2 NOTOlt POOL i~I~LACENENT 17 0 4 0 13 95-0253003 NISCELLANEOUE TOOLS AND EQUIPHEN 20 0 20 0 O 95-0253-0~ LOll) NANAGEHENT PROORAH 195 195 0 0 0 SUB-TOTAL ELECTRIC HETERING 176 282 81 0 13 Page 17 II , APITAI- IMPROVEMENT PROJL 1I 20-Apr-90 1991 - 1995 CAPITAL I~PROVF~iENT PLAi4 05541 Alt ELECTRIC DEPARTHENT ($ X 1000) PROJECT BOND CURRENT AID-IN NUNBER PROJECT DESCRIPTION TOTAl` FUIqD REVENUE CONSTEUC OTHER FISCAl` YEAR 95 95-0254-01 NISCELLA~EOUS TOOLS & EQUIPNENT $30 $0 $30 $0 $0 95-0254-02 RADIO EQUIPMEHT CAPACITOR CONTRO 40 40 0 0 0 95-0254-03 ~4AIN OATE RADIO CONTROLLED CAI4ER 4 0 4 0 0 95-0254-04 F,~ILAROE RADIO SHOP AREA 6 0 6 0 O SUB°TOTAL ELECTRIC COI4MI~ICATION 80 40 40 0 O 95-0255-01 DUPLEX AUDRA SUBSTATION $600 $600 $0 $0 $0 95-O255-02 BAT'FElLY REPLACENENT - NORTHLAKES 10 10 0 0 0 95-0255-03 NISOELLANEOU$ TOOLS & EQUIPNENT 30 0 30 0 0 SUB-TOTAl` ELECTRIC SUBSTATIONS 640 610 30 0 O 95-0250-01 MISCELLANEOUS OPFICE EQUIPMENT/F $95 $0 $95 $0 $O 95-0250-02 :',K)TOR POOL 38 0 6 0 32 95-0250-03 gIS 65 0 65 0 0 SUB*TOTAl` ELECTRIC Al)lt. HISt 198 0 166 0 32 TOTALS FOR YEAR - 1995 ClP 21,531 19,363 1,931 85 152 ORAIID TOTAI.S 1991 - 1995 ClP 46,828 37,645 7,337 340 1,506 Page i8 CAPITAL IMPROVEMENT PROuliCT 20-Apr-90 1991 - 1995 CAPITAL IMPItOVEHENT PLA/q ($ x 10OO) ~OJ~CT BOND C~T ~H~ PROJECT DE$CRIPTIO~ TOT~ F~D REVE~ CONSTR FISC~ YE~ 91 91-0&50-01 HISCEI. I.~qBOUB OPPICE EQUIFHKNT/PUR $3 $0 $3 $0 $0 SUE'TOTAL WATER ADMINISTRATION 3 0 3 0 91-0460-O1 PAY ROEERTS WTF & PAW WTR FAClLITI $8,83& $4,505 $0 $0 $4,329 91-0460-02 FINISH WATEIt TIUdlSNIBSION LINE 839 629 0 0 210 91-0460'03 B~ST~ STATI~ & SYST~ TIE-IN 5,326 5,326 0 0 0 91-0~60'0~ OFFICE Y~l~ 4 0 ~ 0 0 91-~60-05 Ng~ CONTI~OUS ~BZDI~ ~NITO~IN 13 0 Z3 O 0 91-~60-06 S~E~ CLIHBINO DEVICES TO ELEVATE 5 0 5 0 0 91-0~0-07 NEW PORTABLE ~IO$ (2) & PORTABLE 7 0 7 0 0 91"~60'08 ~ILE EQUIPM~T 25 0 17 0 8 SUB"T~ ~AT~ P~ODUCTION 15,053 10,~0 ~6 0 ~,5~7 91-048o-ol LABOPATOa¥ CASEWOSX aAINT~qAHCE $3 $0 $3 $0 $0I 91-0~80-02 DIVISION INFONMATIOW HANAGEHENT SY 1 0 1 0 91-0~80-03 REFACE ATTIC ABSORPTION SPECTROP 22 22 0 0 o~ 91-0~80-0~ PORTABLE FIELD ~TOi 1 0 1 0 O~ 91-~80-05 ~BILE EBUIPH~T (R) 16 0 8 0 8~ SUB-T~ VAT~ ~BO~TORY G3 22 ~3 0 S 91-0463-O1 OIS $10 $0 $10 $0 $0 91-0~63-02 FIELD EQUIFHEFr 1 0 1 0 0 91-0463-O3 OFFICE EQUIFHEHT AHD FURNITURE 2 0 2 0 0 SUB-T~ WAT~ ~GIN~ERING 13 0 13 0 0 Page 19 C/ TAB IMPROVEMENT PROJEC~ 20-Apr-90 1991 - 1995 CAPITAL IHPROVEHENT PLAN 10,13 Att ~ATr. a DEPAaTNENT ($ z 1000) PRo3~c~ BO~D C~[N~ AID-IN I ~SE~ P~OJE~ DESC~IPTIO~ TOT~ F~D R~V~E CONS~ O~Ea FISC~ Y~ 91 91-0~61-01 OV~SlZE ~AT~ LINES S150 $150 $O $0 91-0~61-03 ~ T~S~ L~P~ 180 0 0 180 91-0~61-01 REP~CE FIRE ~T$ & V~VE$ ~2 0 52 0 91-0~61-05 REP~CE ~A~ LINE S~EET P~ 200 0 200 0 O 91-0~61-06 REP~CE NlSC ~A~ LINES ~8 0 ~8 0 0 91-0~61-07 HISC. EqUIPH~T 25 0 25 0 0 91-0~61-08 DIS~IBUTI~ SYST~ U~G~K ~AT~ 155 15~ 0 0 0 91-O~61-09 ~AT~ DXS~IBUTION 9YST~ XNFILL 150 0 150 0 O 91-0~61-10 DEVELOP~NT P~ ~AT~ LINES 250 250 0 0 0 91-0~61-11 ~BIL~ DATA TB~IN~S 35 0 35 0 0 91-0~61-[2 FLO~ HETE~9 (RaCe of Flor) 25 0 25 0 0 90-0461-~ EE~CE MISC. WAT~ LINES 279 279 0 0 0 SUB'T~ ~AT~ DISTRIBUTION ~,629 83~ 568 180 ~7 91-0462-01 MOBILE EQUIPMENT $17 $0 $17 $0 $0 91-0462-02 WATEN HETERS 114 0 114 0 0 91-0462-03 MISCELLANEOUS EQUIPMENT 5 0 5 0 0 91-0462'04 MOBILE DATA TERJ4INAL9 20 0 20 0 0 SUE-TOTAL WATER H~TENING l~6 0 156 0 O TOTAL 1991CIP 16,897 11,316 799 180 4,602 Page 20 I ' CAPITAL IMPROVEMENT PROJECT i , ZO-Apr-90 19~1 - 1995 CAPITA~ IHPROVENENT PLAN ($ x 1000) P~OJ~CT BOND CU~T AID-IN N~BB~ P~OJECT DESCRIPTION TOT~ F~D REVENUE FISC~ YE~ 92 92-0~50-01 HI$CEL~EOU$ OFFICE EgUIPNENT/F~ $~ ~0 $~ $O SUB-TOT~ ~AT~ ~INIST~TION ~ 0 ~ 0 91-0~60"02 FINISH ~AT~ ~SNISSION LIN~ $~,972 $3,729 $0 $0 92-0~60-01 DISINFECTION SYgTEN ~DIFICATION A00 ~00 0 0 92-~60-0~ PI~ING ~ ~&~ LIN~S 300 300 0 O 92-O~60-05 2 ~ ~LEVA~ED STOOGE T~ 2,~00 2,~00 0 0 8UB'TOT~ ~ATE~ P~ODUCTION 8,101 6,829 19 0 92-O463-01 OIS $5 $0 $5 $0 $O 92-0463-02 FIELD EQUIFNeqT I 0 1 0 0 92-0463-03 OFFICE EQUXPNENT AND FURNITURE 1 0 1 0 0 SUB-TOTAL NATER ENOINEEItlNG 7 0 7 0 O 92-0461-O! OV~qSIZE WATER LINES $lSO $150 $O $O $O 92-O~61oO2 NOBILE EQUIPHEN? 109 0 $1 0 58 92-0461-O3 WATE~t TAI~8, LOOPS 9~ 0 0 9~ 0 92-0~61-0~ ~P~CE FIRE ~TS a V~VES 58 0 58 0 0 92-0.61-05 R~CE ~AT~ LINE S~EET PR~M 200 0 200 0 0 92-0~6~-O8 DKVELOP~T PL~ MA~ LZHES 250 250 0 0 0 92-0~6~-09 D~STR~BUT~OH SYST~ UPO~E MAT~ 250 250 0 0 0 9~-0~6~-06 REP~CE HZSC ~A~ LZNES 27& 137 ~37 0 0 91-0&6~-08 DZS~BUT~OH SYS~ UPO~E VAT~ 900 900 0 0 0 SUB-TOT~ ~AT~ DIS~IBUTION 2,50~ 1,71~ 638 9~ 5~ Page 21 - 199 CAPITAL IMPROVEMENT PLAN lOz 13 AM WATS, It DEPAltTNENT ($ x 1000) PROJECT BOND CURRENT AID-IN N~BER PROJECT D~SCRIPTION T~ F~D REVERE CONSTR O~ER 92'O462-0! MOBILB EQUIPN~NT $17 $0 92-0462-02 WATn METERS 120 0 120 0 0 92-0462-03 MIBCBLLANEOU$ EQUIPN~qT 4 0 4 0 0 SUB'TOTAL WA?EB H~TE~ING 141 0 133 0 8 TOTAL 1992 ClP 10,801 8,5&4 824 94 1,Il9 Page 22 CAPITAL IMPROVEMENT PROdECT ZO-Apr-V~u J.~Pt - ~.99~ CA~aXTAL X~ROV~T 10~ 13 ~ WAT~ D~TM~T (a x 1000) PROJE~ BOND C~T AID-IN N~B~ PROJECT DESCRIPTION TOT~ ~D R~V~E CONSTR OTHER FISC~ YE~ 93 93'0~50'01 HISCEL~EOUS OFFICE EQUIPH~T/F~ $5 $0 $~ $0 SOL 93'0~50'02 HEM C~UTER SUB'TOT~ ~AT~ ~IHIS~TION 93'0~60'01 NE~ B~STER P~ UPP~ PRESS~E PL 6~ $65 $0 $O $O~ 93'0~60003 OFFICE ~I~E 20 0 20 0 O 93'0~60'~ T~LS & EQUIPHEN~ 25 0 25 0 0 93'0460'0S OZONATION DISINFE~ION SYST~ SUB"TOT~ ~AT~ PIODUCTION 59~ ~05 ~9 0 1~1 93-0460-01 LABORATORY CASEWOItX HAINTKHAHCE 3 $0 $3 $0 $0 93-0480002 DIVISION INFORMATION MAHAOIHENT SY 1 0 I 0 0 93-0&80-03 REPLACEMENT OF LABORATORY EQUIPNEN 7 6 1 0 0 93-0480-0& WATERSHED HONITORINO STATION $ 0 $ 0 0 93-0&80-05 ADMINISTRATION BUILDING IENOVATION 21 21 O 0 O SUB-TOTAL WATER LABORATORY 37 27 10 0 0 93-0463-01 FIELD EquIPMENT $1 $0 $1 $0 $0 93-0~63-O2 OFFICE EqUIPHEHT AHD FUMiITURE 1 0 ~ 0 0 SUB-TOT~ ~AT~ ~GXNK~ING 2 0 2 0 O 93'0461'01 OVBISIZE WATER LINES $150 $150 $0 $0 $0 93'0461'O2 HONILE EQUIPMENT 118 0 50 0 68 93'0461'03 WATER TAA~S, LOOPS 50 0 0 50 0 93-0461-0~ REPLACE FIRE HYDP. ANTS& V~VES 57 O 57 0 0 93-046Z-05 RE~CS WA~n LINE STREET eB~ 200 0 200 0 O~ 93-0461-06 ~X~OR HlSC WAT~ LINXS 52 0 52 O O~ 93-~61-07 HXSC~L~OUS XqUIPH~T 15 0 9a-0462-08 D&YtLO~H~T F~ WAT~ LIN&S 250 250 0 0 93-0461-09 DIS~IBOTIOH SYST~ UPG~E WATER ~82 182 0 0 03-0461-~0 WAT~ DISTRIBUTION SYST~ ZNFILL 150 0 150 0 0 92-~61-06 REP~CE HXSC. ~AT~ LXN~S 312 156 156 0 92-0~61-05 DIS~XBUTION SYBT~ UPG~E ~ATER lEO00 1,000 0 0 9X-O~Ol-08 DXS~XBUTXOH SYST~ UPO~E ~AT~ 500 500 0 0 0 SUB-TOT~ ~AT~ DISTRIBUTION 3,036 2,238 680 50 68 Page 23 IF I (~, ITAL IMPROVEMENT PROJEC. 10~13 ~ WAT~ DEPOSIT ($ z 1000) PRO~ECT BOND C~ENT AID-IN ~B~ PROJECT DESCRIPTION TOT~ ~ND REVUE CONS~ FISC~ Y~ 93 93-0~62-01 ~BIL~ EQUIPM~T $17 $0 $3 $0 93-0462-02 ~AT~ METES 126 0 126 0 93-0~62-~3 MISCEL~EOUS EQUIPM~T 5 0 5 0 SUB-T~ ~AT~ MET~ING I~8 0 13~ 0 TOT~ 1993 CIP 3,831 2,670 888 50 Page 24 CAPITAL IMPROVEMI=.T PRO,., CT 20-Apr-90 1991 - 1995 CAPITAL IH~ROVEHENT PLaN 10~ ~.3 AM MATER DEPARTN~NT (9 x 1000) PROJECT BOND CUP. RENT AXD-IIq NUIqEER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTR OTHER FISCAL YEaR 94 94-0450-01 HISCELLANEOH$ OFFICE EqUIPNEHT/FUR 96 $O $6 $0 $0 SUE-TOTAL MATER ADfJINISTEATION 6 0 6 0 0 94-0460-01 HOEILE EQUIPMENT $16 90 94 90 $12 94o0460-02 OFFICE FU~HITUItE 6 0 6 0 93-0&60-05 OZONATION DISINFECTION SYSTEH 2,675 2,020 0 0 655, SUE-TOTAL MATER PRODUCTION 2,697 2,020 10 0 6671 94-0480-01 INDUCTIVELY COUPLED PLASHA $PECTRO $20 $20 $0 90 94-0480-02 DIVISION INPORtiATXON HANAG~tENT $Y 1 0 1 0 0 94-0480-03 LABORATORY EQUIPHENT 3 0 3 0 94-0480-0& MATERSNED HONXTORXHO PROGP.~U4 6 0 6 O SUE-TOTAL MATER LABORATORY 30 20 10 0 94-O4&3-01 FIELD EQUIPMENT $1 90 $1 $0 901 SUB-TOTAL MATER ENGINEF~tXNO 2 0 2 0 94-0461-01 OVERSIZE WATER LINES $150 $150 90 90 90 94-0~&1-02 HOBILE EQUIPHENT 29 0 5 0 94-O~&1-03 WATER TA~'~ LOOPS 50 O 0 50 94-0461-04 RENLACg FIRE HYDltANTS & VALVES 61 0 61 0 O 94-0461-05 RENLACE HATER LINE STREET PROORAH 200 0 200 0 94-0~&1-06 ~g~LACE NISC. MATER LINES 50 0 50 0 94-0461-O7 HISC. gQUXPHERT 15 0 15 0 94-04&l-OE DEV~LOPHgNT FLAg MATER LINES 250 250 0 0 94-0461-09 DISTRIBUTION S¥STgtl UPGEADE ~ATER 178 178 0 0 94-0461-~0 WATER DISTRIBUTION S¥STER INFILL 150 0 150 0 93-0461-O6 RENLACE NISC. ~ATER LINES 293 0 293 0 93-046t-09 DIETRIBUTION SYSTLq UPGRADE MATER 750 750 0 0 O 92-0461-09 DISTRIBUTION S¥STEtl UPGRADE ~ATER 871 871 0 0 0 SUB-TOTAL ~ATER DISTRIBUTION 3,047 2,199 774 94-0462-01 MATER HETEItS $133 90 9133 $0 94-0462-02 HISCELLANEOUS EQUIPNERT 15 0 15 0 SUE'TOTAL MATER HETERING 14E 0 148 0 TOTAL 1994 CIF 5,930 4,239 950 50 Page 25 20-Apr-90 1991 - 1995 CAPITAL I -- 10513 AH W&TER DEPARTNERT ($ x 1000) PROJECT BOND C~T AID-IN ~B~ PROJE~ D~$CRZPT~ON TOT~ F~D REVERE CONS~ OTHER F~SCAL Y~ 9~ 95-0~50-Q1 HISCELLANEOUS OFFICE EQUIFHENT/FUR $? $0 $7 $O $0 SUE-TOTAL WATER ADHINISTRATION ? 0 7 0 0 95-0~60-~1 HOBILE EQUIPH~IT $16 $O $3 $0 $13 95-0~60-02 OFFICE FU~ITURE 6 0 6 0 0 SUB'TOTAL WATER PRODUCTION 22 0 9 0 13 95-0480-0,1 LIQUID CHitOt4ATOORAPIP//INFNARED SFE $18 $18 $0 $O $0 95-0480-0~ DIVXEION INFOS~4ATION HAt~AOEH~NT $Y 2 0 2 0 95-0480-0~ OZONE HONITORING INSTRUHENTATXON 4 0 4 0 95-0~80-0~ 1 VEHICLE (ADDITIONAL) 4 0 4 0 O SUB-TOTAL WATER LABORATORY 26 18 10 0 0 95-0&&3-0,1 FIELD EQUIPNENT $1 $O $1 $0 95-0463-02 OFFICE EQUIPHERT 1 O I 0 . 0 SUB-TOTAL WATER ENGINEERING 2 0 2 0 0 95-0461-01 OVERSIZE WATER LINES $150 $0 $150 $0 $0 95-0461-02 KOBILE EQUIPHENT 62 0 13 0 95'0461-03 WATER TA~S, LOOPS 50 0 0 50 0 95-0461-0~ REPLACE FIRE IfYDItANTS & VALVES 64 0 64 0 0 95-0461-05 REPLACE WATER LINE STREET PROORAH 200 O 0 200 0 95-0461-0& REPLACE MISC. WATEIt LINES 53 0 53 0 OJ 95-0461-07 MiSt, EQUXPNEtFT 15 0 15 0 0 95-0461-06 D~VELO~#ERT PLAN WATER LINES 250 250 O 0 95-0461-09 DISTRIBUTION SYSTESf UPGP. ADE WATER 94 94 0 0 95-0461-10 WATLR DISTRIBUTION SYSTRH INFILL 150 0 150 0 94-0~61o06 RS~LACE HXSC, WATLSt LINES 283 0 283 0 94-0&61-09 DISTRIBUTION SYSTRld UPGRADE WATER 800 800 0 0 93-0461-09 DISTltXBUTION SYSTRH UPGRADE WATER 586 586 0 0 SUB-TOTAL WATER DISTRISUTION 2,757 1,730 728 250 95-0462-Ot HOBILE EQUIFHENT $18 $O $18 $O 95-0462-02 WATER METERS 140 0 1~0 0 95-0462-03 HXSCRLLAIqEOUS EQUIPHERT 15 O 15 0 SUB-TOTAL WATER DISTRIBUTION 173 0 173 0 TOTAL 1995 ClP 2,989 1,7&8 929 250 Page 26 I] CAPITAL IMPROVEMENT PROdECT 06~26 PN 1991 - 199S CAPX?AL XKPROVEi4ER'r ?LAH ($ · 10(M) PitOJE~*T BOND CUP. ltENT AID-IN NIMIUt I~ItOJECT DESCltXI*TXON TOTAL FUND REVENUE CONS'IR OTHER 91-O~$1-0t #IECSLL~mEOOs OFfiCE squxm/~mmXTU $3 00 g3 go go 9],-0~$1-02 NEW COrfU?ER g7 00 g7 go gO SUB-TOTAL WA$'-PEWATER AIX~INIST~t&'I'ION IO 0 IO 0 91-0~70-01 IJOEXLE ECpJXFI4ENT 55 0 36 0 19 91-0470-02 LX~T STATION R~OVATX~ 50 50 0 0 0 91-~70-03 LX~ STATX~ S~ (4 ~) 12 0 12 0 0 g1-~70-~ ~ P~l & ~?~ 50 50 0 0 0 91-~70-05 X~OVATXVE & ~T~TXVE T~O~ 30 30 0 0 0 9X-~70-06 ~TS~AT~ ~ P~ ~SX 760 760 0 0 0 SUB'~ W~T~WAT~ ~ 957 890 48 0 9t-O~7X-01 ovmxzE 8~ER LX##S g200 g200 go $0 $O 91-0~71-02 NOBXL~ E~UXFIt~NT 112 0 75 0 37 91-~71-O3 SEW~ T~S 36 0 0 36 O 91'~71'05 XMFFXL~TX~ lW~ C~S~l~ 250 250 0 O 0 g1-~71-06 m~s NXSC~I~S SSVn LINES ~ ~ ~ 0 0 g1-~71-07 D~T P~ SEM~ LINES 250 250 0 0 0 91-~71-08 NXSC~8 s~x~mT 29 0 29 0 0 91-~71-O9 ~S~Z~ 8YST~ ~S SEWER LX 350 350 0 O O 91-~71-10 SS~X~ ~UCE X~ (SUVXC 16 0 16 0 0 91-~71-11 WBZLi DAT& T~XH~S 30 0 30 O O 91-~71-12 MUT~ATn C~S~X~ SYST~ XH;XL 150 0 150 0 0 SUB'~ V~TE~AT~ COLLE~X~ 1,559 1,050 436 36 37 T~ 1991CXP 2,6S5 2,006 557 36 56 Page 27 C r )ITAL iMPROVEMENT PROJEC I 06,26 ~N 1991 - 199S C.~XTAL I)~iOVl~SFr PXa# WAST~ATwo ($x1000) FXS~ ~ 92 92-0~51-01 HISCBLLANEOUS OFFXCE BqUXNdnT/~us 8~ $0 $~ 00 SO SUB-TOTAL t~tS~E~&?~ ADMINXSTit,t?~ON ~ 0 ~ 0 0 91'~70'06 ~T~AT~ ~ P~ m~SX 6815 6,815 o o o 02- 7o-o ~BZLB ~T 35 0 19 0 92-~70-02 LX~ STAT~ ~OVATZ~ 50 50 0 0 0 02-~70-03 LZ~ STATX~ S~ 12 0 12 0 0 SUB-~ V~T~AT~ ~ 6.992 6,045 31 0 16 92'0~71'01 OVERSIZE SEVER LIMBS S200 S200 SO SO $O 92'0~71'03 NOBIL~ ~(~(JI~HINT 157 0 $0 0 107 92'0~71'03 SSVEIL T&PS 18 0 0 18 0 92'~71'~ ~ S~ LI~ S~T Pl~ 2~ 0 2~ 0 0 92-~71-05 INFIL~Z~ Z~ ~l~ 250 250 0 0 0 92-~71-0~ ~CB NIECe. S S~ LINES 28 0 28 0 0 92-~71-O7 NIECe. S ~ZP~ 1S 0 15 0 0 92'~71'08 D~B~ P~ S~ LI~S 2S0 2S0 0 0 0 92'~7~'09 ~ SYST~ ~E SE~ LI 5~ 5~ 0 0 0 92'~71'10 V~WAT~ ~l~ 8YST~ INFIL 1SO 0 1SO 0 91'~7~'06 ~ NIECe8 S~ LI~S 306 0 306 0 0 91'~71'09 CO~l~ SYSTOLE Sl~ LI 1~0 1,~0 0 0 0 SUB-~ V~A~ CO~E~l~ 3,51~ 2,~0 749 18 107 992 czP o,622 9,6G9 832 Page28 CAPITAL IMPROVEMENT PROJECT 06 = 26 1991 - 1995 CAFITAL ll~BOVEHEMT W~TEWA~ (8 x ~) PROJE~ ~ ~T ~ PROJE~ DES~XPTX~ ~ ~ FIS~ Y~ 93 93-0~S1-01 NZSCELLAHEOUS OFFICE E~UIFNEMT/FUR SS $0 $5 $O $0 SUB"tOTAL YAST~ATEIt ADflZIIXSTRATXOH $ 0 $ 0 0 93-0~72-01 FIELD SqUIIIMEMT 912 $O $12 JO JO 93-0~72-O2 OFFICE E,(14JZI~EM~ & lqlB.NX'l'~,.~ 1 O 1 0 0 SUB'TOTAL WA~TIWATEit EMGxNmxNG 13 0 13 0 0 93-0~71-O10VIRSXZE 8E~-'m LINES $200 $200 $O $O $0 93-0~71-O2 NOBZLE I~4JXFHEMT 229 0 101 0 128 93-0~71-O3 SIIdli T~S 18 0 0 18 0 93-0~71-0~ RJ,~LACB $11(EM LINE S~EET FROGB~I4 150 0 150 0 0 93-0&71-05 INFIL'FItATZQ# XNI'LO# CQaUC~ION 250 250 0 0 0 93-0~71-06 P, SYLACE NXSCt~-T*UIIIO~8 S~ LINES 36 0 36 0 0 93-0471oO7 DgysLOFNEMT FLAM S~ LINES 250 250 0 0 0 93-0471-08 NISCBLLANEQU8 ECII~Xtq(EMT 15 0 1S 0 0 93-0471-09 COLLIC'TZQM SYS2 UI~tADI SiW, I L! ~20 ~20 0 0 0 93-0471-10 V~TEW&TEM ¢OLL~CTZQM SYSTDi ZNYZL 150 0 150 0 0 92-0~71-O6 BJ~LACB #ZS¢~,LAJlr, Q~S SFdiR LINES 2~7 0 2&7 0 O 92-0471-O9 COLLECTION SYSTEM UPGitADB SidER L! 10OO 1,0QO 0 0 0 91-(M71-O9 COLLIC'rZQII SYSTDI UlJGRAOS SE',~l LZ 890 890 0 0 0 SUB'TO~AL WASYSWA~EM COLLEf~'IO# 3,855 3,010 699 18 128 TOTAL 1993 CXF 1,178 3,223 78& 18 153 Pa~e 29 SUB-'rOTJ,L WAST~W&T1tO ADMXMXSTitATXON 6 0 6 0 0 94-0A70-01 HOBXLB EQUIPMENT $52 $0 $16 $36 $O 9&o0470-02 LIFT STATI~ ~VATI~ 50 ~0 0 0 0 94-~70-O3 LI~ STATX~ S~A 12 0 12 0 0 94-~70-~ ~ P~g & b&v~ 50 50 0 0 0 94-~70-05 X~OVATX~ & ~T~ATXVE T~O~ 30 30 0 0 0 94-~70-06 R~XVATE ~. ~ ~XVE LX~ ST 106 106 0 0 O 94-~70o07 R~XVA~ M 380 LX~ STATX~ 80 80 0 0 0 01-~70-06 WASTE~AT~ fl.WT P~ m~Sl X026~ t0,265 0 0 0 SUB-~ V~?~AT~ ~ 11,085 11,021 28 36 0 94-O481-01 XNDUCTXVSLY COOTLED PLASHA SPIC'FRO $60 860 SO $O $0 94-0481-02 LABQIATORY mqUXPHENT 8 0 8 0 94-G481-03 DIVISION INFOBtL4TXOH NANAGff, HE~T SY 2 0 2 0 0 94-0481-04 PRETB~L'DIEHT PROGRAM 14 0 14 0 0 SUB-TOTAL W~T~W&'~m LASOIL&'rOBY 84 60 24 0 0 94-0472-01 FXELD s~;Z;Ja~r $3 $0 $3 $0 $0 0400472-0 Z Om*ICl xpKmrr & ruulTums i o z o o cj4-0472o03 tfOBXLf, r, qoxtqt~rr 1.8 0 8 0 1.0 SUB-TOTAL aASTI~&TB~ EM~XNEIIXNG 22 0 1.2 0 lO 94-0471-01 OVBRSXZB SEt/Ii LXMES $200 $200 SO $0 $0 94'~7X*02 WB~ ~XP~ 17 0 3 0 X4 94'~71'03 S~ T~S X8 0 0 18 0 94-~71'~ ~ S~ LXNE S~T ~ 150 0 150 0 0 94-~7X-05 X~XL~X~ ZX~ ~Z~ 250 2S0 0 0 0 9~'~7X'06 ~CB NXSC~S 8~ LXNES 36 0 36 O 0 g4-~TX-OT HXSC~S ~X~T XS 0 IS 0 0 04-~7X*08 Di~ff~ P~ sea LX~S 2S0 250 0 O 0 94-~7X-0~ CO~E~X~ SYST~ ~i S~ LX XSO tSO 0 0 0 93-~7X-06 m~ca NZSC~8 S~ LXNIS 33S 0 335 O O 93-~7X-09 ~X~ SYST~ ~ sea LX t3~ t,3~ 0 0 0 92-~7X-Og CO~E~X~ SYST~ ~S S~ LX 9~ 9~ 0 0 0 SUB-T~ M~T~AT~ ~E~X~ 3,80X 3,080 689 X8 X4 T~ XO~ CXP X4,gg8 X4,X6X 750 54 24 Page 30 95-0~S1oO1 NISCELL~diSOU8 OFFICE EqUIPH~HT/FUR g? 90 g7 go go SUB-TOTAL WASTEWATE~ ADMINISTI~?ZON ? 0 ? O O 9S-0~70-01 MOBILE EqUZPHEHT 916 go 915 go gS-O&~O-02 LZI"T STATION SEHOVATZON SO 50 0 0 O 95-~70-03 LZ~ STATION SCOA ~2 0 ~2 0 O 95-~70-~ ~D F~E & DSV~PH~ 50 50 0 0 O 95'~70'05 Z~OVATX~&~T~ATX~TE~OL~ 30 30 O 0 O 05'~70'06 W~TEWAT~ ~T P~T ~SI 720 72O 0 0 O ~-~TO-08 ~ ~SZ~ ' ULTZ~TE SLU~{ D 5630 5,63o 0 0 · SUB-~ W~T~WAT~ ~T 6,508 6,480 27 0 95-0~1-01 LlqiJID CHROMATOGRAPHY/INFIXED SPE 955 955 go go 90 OS-~EI-O2 NXCi~ONCOPE VIDEO 8YSTSH $ O 5 0 0 95-0~81-O3 OZONE NONXTORXHO 95-O~81-04 AOOXTXONAL VuuXCLE (MOSILE ~QUXPNE 12 0 12 0 O SUEoTI~rAL W&STEWATEIL LABOILATORY 84 55 29 0 O 95-0~71'01 OVERSIZE SE~ER LINES 9200 9200 go go 90 95-0~71o02 MOEIL~ EqUIPliEHT 29 0 12 0 X7 95-0~71'03 SEWER ~S 19 0 0 19 0 95'~7~'0S INFIL~I~ INY~ CO~{~ION 250 250 0 0 0 95- 7 -06 EDUCE NISC~E~S SEW~ LINES 27 0 27 0 0 950~7~007 DEVianT P~ SEW~ LIN~8 250 250 0 O O 95-~7~-09 V~TIMAT~ COLLE~ZON SYST~ ZHFZL IS0 0 ~50 0 9~-~7~-09 ~LLE~Z~ SYS~ UPG~E S~M~ LZ 620 620 940~71-06 R~CE NIECe. S SEW~ LINES 330 0 330 0 0 93-~71-09 CO~I~ SYST~ U~G~E SEV~ LI 13~ 1,3~ 0 0 0 SUB-T~ VASTE~AT~ CO~S~ION 3,290 2,620 63~ 19 17 G~D TOTAL 1990 ' 1995 CIP 42,344 38,194 3,631 145 37~ P~e 31 _ , , r'APITAL, IMPROVEMENT PROJ-CT 1991 - 1995 CAPITAL IMPROVEMENT PLAN COI~4UN I TY SERVICES ($ X tO00) PROJECT BOND CURREI~T AID-IH NUHBER PROJECT DESCRIPTION TOTAL FUND EEVEHUE COHSTR OTHER 91"0030'01 Hew Personal Computer 4 0 4 0 0 91-0030~02 Replace Worn Carpet 3 0 3 O 0 TOTALS FOR YEA~ - 1991 CIP 7 0 7 0 0 92-0030,01 Upgrade to 800 HeEahertz 4 0 4 0 0 92-0030.02 OIS Terminal 4 0 4 0 0 TOTALS FOR YEAR - 1992 CIP 8 0 8 0 0 93-0030-01 Mist Office Equipment 2 0 2 0 0 93-0030-02 New Personal Computer 5 0 5 0 0 TOTAL FOR YEAR - 1993 CIP 7 0 7 0 0 94-0030~01 Hist Office Equipment 3 0 3 0 0 TOTALS FOR YEAR - 1994 CIP 3 0 3 0 0 95-0030V01Nisc. Office Equipment 4 0 4 0 0 TOTALS FOR YEAR - 1995 CIP 4 0 4 0 0 TOTALS FOR CIP PERIOD 1991 - 1995 29 0 29 0 0 Page 35 ' ~PITAL IMPROVEMENT PROd 1991 - 1995 CAPITAL IMPROVEMENT PLAN EQUIPMENT SERVICES ($ X 1000) 20-Apr-90 PROJECT BOND CURRENT AID-IN HUMBER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTR OTHER 91-0580-01 Upgrade Fuel Tank System 3 0 3 0 0 91-0580,02 Ney IBH PS2-30 Computer 5 0 5 0 0 91-O580-03 Replace IBM Typewriter 1 0 1 0 0 91-0580-04 UpEradc Office Furniture 2 0 2 0 0 SUB-TOTAL EQUIPMENT SERVICE9 11 0 11 0 0 91-O581-01 Replace Wire Welder 2 0 2 0 0 SUB-TOTAL MACHINE SHOP 2 0 2 0 O TOTALB FOR YEAR - 1991 CIP 13 0 13 0 0 92-0580-01 Mobile Equipment--Farce Truck 15 0 3 0 12 92-0580-02 Replace Tire Change Machine 6 0 6 0 0 92-0580°03 UpErade to 800 Megahertz 10 0 10 0 0 92-0580-06 Miscellaneous Tools 2 0 2 0 0 SUB-TOTAL EQUIPMENT SERVICES 33 0 21 0 12 92-0581oO1 Upgrade to 800 Megahertz 2 0 2 O 0 SUB-TOTAL MACHINE SHOP 2 O 2 0 0 TOTALS FOR YEAR - 1992 CIP 35 0 23 0 12 93=O5B0'O1 Replace Tire Balance Machine 10 0 10 0 0 93-0580e02 Emission Control Analyser 3 0 3 0 0 93-0580-03 Replace Air Compressor 6 0 6 0 0 93-0580o0~ Overfill Buckets on Fuel Tank 4 0 4 0 0 93-0580-05 Miscellaneous Tools 3 0 3 0 0 SUB-TOTAL EQUIPMENT SERVICES 26 0 26 0 0 93-0581-01 Miscellaneous Tools 2 O 2 0 0 SUB-TOTAL MACHINE SHOP 2 O 2 0 0 TOTALS FOR YEAR - 1993 CIF 28 0 28 0 0 Page 36 PITAL IMPROVEMENT PRO ;T I I 1991 - 1995 CAPITAL IMPROVEMENT PLAN EQUIPMENT SERVICES ($ X 1000) 94-0580-01 Mobile Equipmcn~**Sarvice Truck 16 0 16 0 0 94-0580-02 Miscellaneous Tools 3 0 3 0 0 SUB-TOTAL EQUIPMENT SERVICES 19 0 19 0 0 94-0581-01 Replace Wire Welder 3 0 ] 0 0 SUB-TOTAL HACHINE SHOP 3 0 3 0 0 TOTALS FOR YEAR - 1994 tip 22 0 22 0 0 95-0580-01 Two Transmission Jacks 6 0 6 0 95-0580-02 Miscellaneous Tools 3 0 3 0 0 SUB-TOTAL EQUIPMENT SERVICES 9 0 9 O O 95-0581-01 Mobile Equipment--Fla~ Bed 22 0 22 0 0 SUE-TOTAL ~ACHINE SHOP 22 0 22 0 0 TOTALS FOR YEIR - 1995 CIP 31 0 31 O 0 TOTALS FOR CIP PERIOD 1991 - 1995 129 0 117 O 12 Page 37 "~PITALIMPROVEMENT PRO~ ~T 1991 - 1995 CAPITAL IMPROVEMENT PLAN SOLID WASTE ($ X 1000) 20-Apr-90 PROJECT BOND CURRENT AID-IN NUNEER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTR OTHER 91-0801-01 Mobile Equip--Rear Load Truck (R) 83 O 0 0 83 91-0801'02 Hobile Equip--Rear Load Truck (R) 83 0 0 0 83 91-0801-03 Hobile Equip--Replacement Car (R) 12 0 12 0 0 91-0801-OR Mobile Equip--I/2 Ton Pickup (R) 12 0 § 0 7 91-0801-05 Curbaide Recyclin8 Pilot ProEram 95 0 33 0 62 91-0801-06 Miscellaneous Office Equipment 1 0 1 0 0 91-0801-07 Revard for Adopt a Street 19 0 19 O 0 91-0801-08 Mobile Equipment--Chipper (N) 41 0 7 0 34 SUB-TOTAL RESIDENTIAL 346 0 77 0 269 91-O802-01 Mobile Equip--Front Load Truck (R) 117 0 0 0 117 91-080~-02 Equipment (Prontload Dumpsters) 41 0 41 0 0 91-0802-03 UpErade Equipment (Roll Off) 20 0 0 0 20 91-0802-04 RecyctinE Containers 18 0 18 0 0 91-080~-05 Ney Dumps~er $creeninE 20 0 20 O O 91-0802-06 New ~V Cameras & Monitors 6 0 6 0 0 .................................----.------ SUE-TOTAL CONHERCIAL 222 0 85 O 137 91-0803-01 Mobile Equip--623 Scraper Rental 45 0 45 0 0 91-0803-02 Compactor Overhaul 15 0 15 0 0 91-0803-03 Miscellaneous Tools 5 0 5 0 0 91-0803-04 New T-Rubber Seal 1 0 1 0 0 91-0803-05 Tire Cutter 15 0 0 0 15 SUB-TOTAL DISPOSAL 81 0 66 0 15 TOTALS FOR YEAR - 1991 tip 649 O 228 0 421 92-080~001Hoblle Equip--Rear Load Truck (R) 88 0 0 0 88 92-0801-02 Hobile Equip--Rear Load Truck (R) 88 0 0 0 88 92-0801-03 Hobtle Equip--12 yd Rear Load (R) 58 0 0 0 58 92-0801-04 UpErade to 800 MeEahertz 20 0 20 0 0 SUE-TOTAL RESIDENTIAL 254 0 20 0 234 Page 38 %PITALIMPROVEMENT PR04 1991 - 1995 CAPITAL INPROVEHEHT PLAN SOLID WASTE ($ X 1000) 92-0802'01 ~obile Equip--Roll Off Truck (R) 94 0 O O 94 92-0802-02 Equipment (Frontload Dumpsters) 43 0 43 O 0 92-0802~03 Equipment (Roll Off) 32 0 0 0 32 92-0802-04 Dumpeter ScreeninB 25 0 25 O 0 92-0802"05 Upirade to 800 HeRahertz 22 0 22 O O SUE-TOTAL COHNERCIAL 216 0 90 0 126 92-0803~O1 Mobile Equipment--Water Truck (R) 9 O 9 0 0 92-0803~O2 Mobile Euqipment--Compactor (N) 180 0 O 0 180 92-0803103 Flexible Membrane Liner 45 0 45 0 0 92-0803-04 Leachate Collection System 45 0 45 0 0 92-0803-05 Upgrade co 800 HeBahertz 7 0 7 0 0 SUB-TOTAL DISPOSAL 286 0 106 0 180 TOTALS POR YEAR - 1992 CIP 756 O 216 0 540 93-0801-01Hobtle Equip--Rear Load Truck (R) 92 0 0 0 92 93-0801-02 Hobile Equip--Clay Brush Truck (R) 55 0 O 0 55 93-0801-03 Mobile Equip--I/2 Ton Pickup (R) 15 0 7 0 8 SUB-TOTAL RESIDENTIAL 162 0 7 0 155 93-0802r01 Mobile Equip--Roll Off Truck (R) 96 0 0 0 96 93-0802r02 Equipment (Roll Off) 30 0 0 0 30 93-0802.03 Equipment (Frontload Dumpeters) 15 0 15 0 0 SUB-TOTAL COMMERCIAL 141 0 15 0 126 93-O803TO1 Mobile Equipment--Pickup (R) 16 0 6 0 10 9300803~02 Develop Rev Landfill 6000 0 6000 0 0 SUE-TOTAL DISPOSAL 6016 0 6006 0 10 TOTALS FOR YEAR - 1993 CIP 6319 0 6028 0 291 Page 39 'APITAL IMPROVEMENT PRO, ~T ~ I 1991 - 1995 CAPITAL IMPROVEHENT PLAN SOLID WASTE ($ X ~000) 94-0801-0! Hobile Equip--Rear Load Truck (R) 97 0 0 0 97 94-0801-02 Nobile Equip--Flat Bed Truck (R) 52 0 0 0 52 SUB,TOTAL RESIDF~qTIAL 149 0 0 0 149 94-0802-01 Equipment (¥rontload Dunpsters) 34 0 34 0 0 94=0802-02 Equipment (Roll Off) 14 0 0 O 14 SUB'TOTAL CO~BRCIAL 48 0 34 0 14 94-0805-01 Building Maintenance 15 0 15 O 0 94-0803-02 Landscape for Landfill 15 0 15 0 0 SUB'TOTAL DISPOSAL 30 0 30 O 0 TOTALS FOR YEAR - 1994 CIP 227 0 64 0 163 95-0801-01 Hobile Equip--fleer Load Truck (it) 101 0 0 0 101 SUB'TOTAL RESIDENTIAL 101 0 0 0 lOl 95-0802-01Hobile Equip--Front Load Truck (R) 130 0 0 0 130 95-0802-02 Equipment (Frontload Dumpszers) 50 0 50 O 0 SUB*TOTAL CO~4ERCIAL 180 0 50 0 130 95-0803-O1Hisc Office Furniture & Equipment 2 0 2 0 0 SUB-TOTAL DISPOSAL 2 0 2 0 O TOTALS FOR YEAR - 1995 CIP 283 0 52 0 231 TOTALS FOR CIP PERIOD 1991 - 1995 8234 0 6588 0 1646 Page 40 1990-1995 GENERAL GOVERNMENT CAPITAL IMPROVEMENT PLAN EXECUTIVE SUMMARY BACKGROUND 12 July 90 For the first time since Denton has been developing a multi-year CIP and to an unprecedented degree, property values will decline from previous years. The impact of that value decline may result in substantial revenue decline which will impact operating and maxntenance budgets and debt service potential, which is funded by tax revenue. The drop ~n appraised value coupled with only small sales tax revenue increases has led to a more austere CIP than the CIP adopted last year. Following policy guidance established during the 1986 Bond Election processv the CIP should not require tax increases. Prevlous CIP's have assumed from 4% to 8% revenue growth without the tax ~ncreases. That assumption is no longer valid. CIP APPROACHES AccOrdingly, the General Government CIP follows these approaches 1, Complete projects equal to the 1986 Bond Election before adding new debt. 2. Limit selling new debt. 3, Delay constructxon of four buildings which not only carry with them new debt services, but substantial O&M costs as follows a. NE Recreation Center b. South Side Recreation Center c. New library d. Construction of a Law Enforcement/Court complex 4. Use sold bonds and bond savings to fund (1) health and safety CIP items related to streets and drainage and (2) the Parks Board's highest priority, athletic field development. 5. Since revenue has become problematic and long-range forecasting of revenue is also problematic, f~nanc~al targets of future debt issues are not presented, and the Five-Year Schedule of CIP projects for fiscal 1996 thru 2000 is withdrawn. 8. New bond elections followed by new debt issues required for funding the proposed five year plan would be for streets and drainage, only. Page 41 1990-1q98 General Government CIP Executxve Summary SUMMARIES Followxng Ls a new debt comparison of the prevxously adopted CIP and this year's CIP for General Government pro3ects. YEAR RECOMMENDED ADOPTED IN 1989 1990-91 $ 132,952 $1,140,000 1991-92 $1,422,737 $3,907,600 1992-93 $2,497,785 $4,368,111 1993-94 $2,047,000 $4,332,000 1994-95 $2,785,000 $3,750,590 B. Total Expenditures by Year (excludes grants, match, and constructon by others). 1990-91 $ 2,321,952 1991-92 2,000,337 1992-93 2,497,785 1993-94 2,047,000 1994-95 3f660t000 $12,527,074 c. Total value by category by year (excludes grants, match, and construction by others). Streets 1990-91 $ 159,000 1991-92 1,165,337 1992-93 1,143,785 1993-94 1,047~000 1994-95 1/910~000 Total $5,425~112 Drainage 1990-91 $ 530,080 1991-92 835,000 1992-93 1,354,000 1993-94 1994-95 1/750t000 Total S5,469~000 Page 42 1990-1995 General'Governmen~ Executive summary Page 3 Parks and Recreation 1990-91 $800,000 1991-92 0 1992-93 0 1993-94 0 1994-95 0 Total $800,000 Public Buildings 1990-91 $132,952 Public Safety 1990-91 $700,000 TOTAL $12,527w047 2533k Page 43 EEViSLDfl GGPY #10 GENERAL SOVERNNEN? GAP]TAL ]HPEOVEHENT PLAN 1990-91 PROJECT FUNDING SOURCE JuLy 11, 1~90 I SOLD IBGEDS O. CO'S I I I Bo.oR I NOT SOLD I OTHER TOTAL I STREETR LtLiien HiLLer SIdeeaLk - Eng~noortng $0,000 OrioLe Rtreet Reconstruction and .tdewliks engineering Sl&,O00 $14,000 Ft Worth Drive EnglneerLng, right-or-.ay and tendecape deelgn S89,0QOI S89,000 Notttrlghea exteneton engineering $SO,OOO S$0,000 CATEGORY TOTAL $1S9,000 S159,000 IDRA]NAGE Stuart/SonnydeLe $350,000 $350,000 Lcxza DeL Ray Engineering ~60,000 S60,000 No]LyhlLL/Longrtdge Engineering S30,000 Ft Worth Drive/Jamee Street $90,000 SDO,OOO CATEGOllY TOTAL $750,000 IPAEKS North, Lakes AthLetic FieLd DeveLal~tont #SOO,DO0 SSO0,O00] Sl,300,000 City HaLL Roof S132,952 CATEGORY TOTAL S800,000 I $13~,95~ ##00,DO0 S1,&32,952 * 1986 Bond ELection Approved 1State grant 1527,000 R O.W. for stretch 8Doth of ]R-35 S53,000 for ]H-SS to Co[Line engineering, S9,000 landscape design Page REVI$]OM COPY #10 GEHERAL GOVERBI4ENT CAPITAL ZI, IPROVENE#T PLA# 1990-91 PROJI~CT FUNDIBG SOURCE duLy 11, I SOLD leo,os o~ co,s I I I I .O.DS I.ST SOLDI OTHER I TOTAL I PUBLIC ~AFETY Constr~ct Fire Station f~ $500,000 $500,000 I La~ Enforcene~c/C~Jrt C~pLex Design 4 $200,000 $200,000 CATEGORY TOTAL $700,000 $700,000 TOTAL $2,189,000 $132,952 $500,000 S2,~.1,952 TOTAL IIEW C]P DEBT iSSUANCE $132,952 * lC~8~ Sond EL~tto~ Appro¥~ 4A apace study for ail city offtcee. Hay beEfn in 89-90 PaDe &5 REVISION COPY #10 GENERAL GOVERN#ENT CAPITAL I#PROVENENT PLA# 1991~9~ PROJECT FUNDING SOURCE JuLy 11, 1990 I I SOLO I.ONOS O~ CO'S I I I I BONDS I NOT SO~O I OTHER I TOTAL ISTREETS Ex~endl#o~ttnghem~ s~gnaL and sidegaLk ~,70,&O0 $/+70,400 TeasLey Landscaping $107,337 $20T,6411 $316,978 OrloLe Street Reconstruction and atdewaLka $125,000 $125,000 Loop 288 US 380 to CoLorado Hlderl to 6 Lonee Rlght-of-uay $12,000 $9,161,596 $9,156,196 Ft gorth Dr (U $ 377), to CoLLIrts - Phase L S650,000 $650,000 CATEGORY TOTAL $12,600 $1,152,T~7 $9,3/*9,7.37 $10,516,$76 ~RAINAGE Lome DeL ReV' $565,000 HoLLyhtLL/Longridge $270,000 $270,000 CATEGORY TOTAL $565,000 $27'0,000 5835,000 TOTAL $577,600 Sl,622,737 $9,369,237 TOTAL NEW CIP DEBT iSSUANCE IGOHPT ALL projects ere 1986BondELecttonapprovecl Page 66 REVLSZOfl COPY #10 GENERAL SOVERNHENT CAPLTAL LHPROVEHE#T PLAN PROJECT FU#DING SOURCE July 11, 1990 I solo IsOHos oR co,s I I I I soHos I HOT SOLD I OT.ES I TOTAL I STREETSI1 LtLLt~n Hiller EtdeueLk S48,785 S~.8,785 WtLLoHt~oed Bikeway/ S1~Natk8 $100,000 SlO0,O00 Ft ~orth Dr (U S ]~), 1-35 to Cott~ - Phase II S500,000 s500,0~ lnterS~t[m Cmt~ot S{g~ts $2~5,000 S225,0~ Turn La~s for Arterfats S~,0~ $90,SO0 La~aca~ L~ ~ - IH]5 to McKl~y $150,000 $150,000 ~00,000 P~str~an S~g~ts ~0,000 $30,0SO CATE~Y TOTAL $1,1~3,785 S1,293,785 Pecan Creek Dotmtmm Heater Ptan $51,000 S51,000 cooper Creek Channel, Phase I S750,000 $750,000 Pecan Creek, Bred~heN to R~LL S250,000 S250,000 K~f{8her S~,O00 S~,O00 * 1986EandEtectianAp~roved lLegatty, eteettan not required by 1986 Bond covenants gEteetlan required Page BEV]SIO# COPY #10 GENERAL GOVERNNENT CAPITAL IMPROVEHENT PLAN 1992-93 P~OJBCT FU#D]#G SOURCE July 11, 1990 I I SOLD lEO, DS I I B(~DB I NOT SOLD I OTHER [ TOTAL DRAINAGE (Continued) ~ Averyat G $100,000 $100,000 ~iLsofl, #or,e, A~exa~r Area S128,000 S128,000 .~ ......................... ~TE~Y TOTAL $1,35~,000 $0 TOTAL $2,497,785 S0 $2,647,785 TOTAL NEW CIP DEBT iSSUANCE $2,497,785 I E~Lectl~ required Page~8 REVI$10# COPY #10 GENERAL GOVERN#E#T CAPITAL I#pROVE#E#T PLA# PROJECT FUNDING SOURCE JuLy 11, 1990 I SOLD lsD#OS O~ co's I I I soso$ I MOT SOLD ] OTHER ] TOTAL STREETS~ Arter~ei Turn Lenae $100,000 $100,000 Street Cormtructton/ RecOnstruction $500,000 $500,000 S~deuaLkB/Blkeuey~ $100,000 $100,000 Gober,Stree~ Paving $112,000 $112,000 SignaLs $235,000 S235,000 ......................... CATESO~Y TOTAL $1,0~7,000 $1,0~7,000 DRAIRAGE S Cooper Creek Drainage - Pheso ii $500,000 $500,000 PecenlCreek DralnaBe near Roberte~'t $500,000 $500,000 *~ ........................ CATEGORY TOTAL $1,000,000 $1,000,000 TOTAL $0 S2,047,SO0 $0 S2,047,000 TOTAL CIP DEBT ISSOANC$ S2,0~7,000 1LegaLLy, eLectto~ not requtred by 1986 Bo~d Covenants ~E(ectlon required Page 49 REVIGI(~q COPY #10 GENERAL GOVERNNENT CAPITAL IMPROVENENT PLAN PROJECT FUNDINg SOURCE JuLy 11, 1990 I I SOLD IeO~Dg C~ CO'S I I I I I ,O.DS I NOT SOLD I OTHER I TOTAL I ISTREETS *1 Univerelty Drive, iN-S5 to $77, Widen to 6 ieno~ R O.Y , 81gnoLB, & ta~capf~ ~,000 $300,~001 ~4,203,3761 ~5,3~,376 A~ter~ot Turn LO~ $100,000 S100,000 Lo~Ca~ McKf~y 0 L~ 2M $150,000] S150,000 S300,000 Strut C~str~t?~ R~tr~t?m SZ50,000 S250,000 ~TE~Y TOTAL ~,000 $1,035,000 ~,~5~,~76 DRAINAGE Pecan,Creek= KerLey to goodro~, Phe~e ! $1,000~000 $1,000,000 Pecan,Creek along University S250,000 S250,000 Cooper Creek, Phase III $500,000 $500,000 CATEG~I~Y TOTAL $1,750,000 $1,750,000 TOTAL $875,000 $2,785,000 $44,353,376 $48,013,376 TOTAL CIP DEBT ISSUANCE S2,785,000 * 1986 Bond Approval 1SDHPT JELectJofl not required Page SO A RESOLUTION AUTHORIZING THE CONDEMNATION OF REAL PROPERTY NECESSARY FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS NEAR WILLOW SPRINGS DRIVE; AND DECLARING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton has determined that it is necessary to acquire the easements described herein in order to make certain drainage and utility improvements; and WHEREAS, the City of Denton has been unable to agree with the owners of the real property upon the value of the easements to be acquired; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: S_S_S_S_S_S_S_S_S_~~ That the City Attorney of the City of Denton is authorized and d~rected to bring condemnation proceedings to obtain the following easements. A. Permanent utility and drainage easements in Tracts I and II as described in Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of constructing, reconstructing, installing, repairing, and maintaining stormwater drainage improvements and utilities in, upon, and across the land, with the right of having ingress and egress in and across the land for those purposes. B. A temporary easement in the land described in Exhibit "B", attached hereto and incorporated herein by reference, for the purpose of permitting the agents and contractors of the city to enter upon the property with vehicles, tools, and equipment to make temporary dumps of excavated soil and construction material, and to do whatever is necessary to make the proposed drainage and utllity improvements within the permanent easements described above. ~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~/~ day of ~, 1990. BOB~EB~'~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROV AS LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY prockre0 EXHIBIT TRACT I ALL that certain lot, tract or parcel of land lying and being situated in the Clty and County of Denton, State of Texas, and belng part of the S.C. H~rams Survey, Abst. No. 616 and being part of Lot No. 1, Block A of the Shady Oaks Industrial Park Subdivision, an addition to the City and County of Denton, and also of being part of a tract of land as conveyed from Gabriel Milton Dasp~t, Jr. to George ProcK, et al Dy deed dated February 28, 1980 and recorded ~n Volume 1003, Page 703 oi the Deed Records of Denton Countyv Texas, and more particularly described as follows- BEGINNING at the westerly northwest corner of said Lot 1, sa~d point also lying ~n the south boundary line of an ex~stlng 60' drainage and public utility easement and the east r~ght-of-way line of a north/south publlc road known as Duncan Street, said point also being the beginning of a curve to the left having a radius of 69.36', a central angle of 53© 53' 13.9", and a chord bearing and length of north 66° 35' 31.5" east, 62.86'; THENCE northeasterly along said curve to the left, same being the northwest boundary l~ne of sa~d Lot 1 and the southeast boundary l~ne of sa~d 60' drainage and public utility easement an arc d~stance of 65.23' to a point for corner; THENCE south 50° 21' 10" east a distance of 10.0' to a polnt for corner; THENCE south 39° 38' 50.0" west a distance of 40.0' to the beginning of a curve to the r~ght having a radius of 100', a central angle of 25° 50' 31.0", and a chord bearing and length of south 52° 34' 05.5" west, 44.72'; THENCE southwesterly along said curve to the right an arc distance of 45.10' to a point for corner; THENCE south 39° 38' 50.0" west a d~stance of 11.49' to a point lying in the west boundary l~ne of sa~d Lot 1 and the east r~ght- of-way l~ne of sa~d Duncan Street for corner; THENCE north 03° 32' 20" east along the west boundary llne of sa~d Lot 1 and the east r~ght-of-way l~ne of sald Duncan Street a d~stance of 48.33' to the Place of Beginning and containing 1728.57 square feet of land. EXHIBIT "A" (Con't) TRACT II ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the S.C. Hlrams Survey, Abst. No. 616 and being part of Lot No. 2, Block A of the Shady Oaks Industrial Park Subdivision, an addition to the C~ty and County of Denton, and also of being part of a tract of land as conveyed from Gabriel Milton Dasplt, Jr. to George Prock, et al by deed dated February 28, 1980 and recorded in Volume 1003, Page 703 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the northeast corner of sa~d Lot 2, said point also lying ~n the south boundary l~ne of an existing 60' drainage and public utility easement and the west right-of-way l~ne of a north/south public road known as Willow Springs Dr~ve; THENCE south 3° 32' 20" west along the east boundary line of sa~d Lot 2 and the west right-of-way line said W~llow Springs Drive a d~stance of 10.0' to a polnt for corner; THENCE north 85° 49' 00" west 10.0' south of and parallel to the north boundary l~ne of sald Lot 2 a distance of 20.45' to the beginning of a curve to the left having a radius of 37.6', a central angle of 54° 32' 24.6", and a chord bearing and length of south 66© 54' 54" west, 34.46'; THENCE southwesterly along said curve to the left 10.0' southeast of and parallel to the northwest boundary llne of said Lot 2 an arc distance of 35.79' to a point lying 10.0' southeast of and perpendicular to the northwest boundary line of said Lot 2 for corner; THENCE north 50© 21' 10" west a distance of 10.0' to a point lying in the northwest boundary llne of said Lot 2 and southeast boundary llne of said 60' drainage and public utility easement, sald point also being the beginning of a curve to the right having a radius of 47.6', a central angle of 54© 32' 21.6", and a chord bearing and length of north 66° 54' 54.2" east, 43.62'; THENCE northeasterly along said curve to the r~ght an arc d~stance of 45.31' to a point for corner; THENCE south 85© 49' 00' east along the north boundary line of said Lot 2 and the south boundary line of said 60' drainage and public utlllty easement a d~stance of 20.34' to the Place of Beglnning and containing 609.47 square feet of land. EXHIBIT "B" ALL that certain lot, tract or parcel of land lying and being s~tuated ~n the City and County of Denton, State of Texas, and being part of the S.C. Hlrams Survey, Abst. No. 616 and being part of Lots No. 1 and 2, Block A of the Shady Oaks Industrial Park subdivision, an addition to the C~ty and County of Denton, and also of being part of a tract of land as conveyed from Gabriel M~lton Dasp~t, Jr. to George Prock, et al by deed dated February 28, 1980 and recorded ~n Volume 1003, Page 703 of the Deed Records of Denton County, Texas, and more particularly described as follows COMMENCING at the northeast corner of sa~d Lot 2, sa~d point also lying in the south boundary l~ne of an ex~st~ng 60' drainage and public utility easement and the west r~ght-of-way line of a north/ south public road known as W~llow Springs Drive; THENCE south 3° 32' 20" west along the east boundary l~ne of said Lot 2 and the west right-of-way llne sa~d W~llow Springs Dr~ve a d~stance of 10.0' to the POINT OF BEGINNING; THENCE south 3° 32' 20" west along the east boundary line of sa~d Lot 2 and the west r~ght-of-way llne of sa~d W~llow Sprlngs Drive a distance of 40.0' to a point for corner, THENCE north 85° 49' 00" west 50.0' south of and parallel to the north boundary l~ne of sa~d Lot 2 a d~stance of 19.67' to a point for corner; THENCE south 39© 38' 50" west 50.0' southeast of and parallel to the northwest boundary l~ne of said Lot 2, passing the south boundary line of Lot 2 and the north boundary l~ne of sald Lot 1 and continuing for a total distance of 679.28' to a point lying in the west boundary l~ne of sa~d Lot 1 and the east right-of-way l~ne of a north south public road known as Duncan Street for corner; THENCE north 3° 32' 20" east along the west boundary line of sa~d Lot 1 and the east right-of-way line of sa~d Duncan Street a d~stance of 84.84' to a point for corner; THENCE north 39° 38' 50" east a d~stance of 11.49' to the beginning of a curve to the left having a radius of 100.0', a central angle of 25° 50' 31", and a chord bearing and length of north 52° 34' 05.5" east, 44.72'; THENCE northeasterly along sa~d curve to the left an arc d~stance of 45.10' to a point for corner; EXHIBIT "B# (Con't) THENCE north 39© 38' 50" east a distance of 40.0' to a point lying 10.0' southeast of and perpendicular to the northwest boundary l~ne of sald Lot 1 for corner; THENCE north 50° 21' 10" west a distance of 10.0' to a point lying in the northwest boundary l~ne of said Lot 1 and the southeast boundary line of sald 60' drainage and public utility easement; THENCE north 39° 38' 50' east along the northwest boundary l~ne of sa~d Lot 1 and the southeast boundary line of sa~d 60' drainage and public utility easement, passing the northerly northwest corner of sa~d Lot 1 and the southwest corner of said Lot 2 and continuing along the northwest boundary l~ne of sa~d Lot 2 and southeast boundary l~ne of sa~d 60' drainage and public utility easement for a total d~stance of 516.89' to a point for corner; THENCE south 50° 21' 10" east a distance of 10.0' to the beginning of a curve to the r~ght having a radius of 37.6', a central angle of 54° 32' 25', and a chord bearing and length of north 66° 54' 54' east, 34.46'; THENCE northeasterly along said curve to the right 10.0' southeast of and parallel to the northwest boundary l~ne of sa~d Lot 2 an arc d~stance of 35.79' to a point for corner; THENCE south 85° 49' 00" east 10 0' south of and parallel to the north boundary llne of said Lot 2 a distance of 20.45' to the Place of Beglnn~ng and containing 33115.49 square feet of land. RESOLUTION NO. fg -U A RESOLUTION ADOPTING A REVISED INVESTMENT POLICY FOR THE CITY OF DENTON TO REPLACE THE EXISTING INVESTMENT POLICY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Director of the Department of Finance for the City of Denton has presented a proposed policy regarding the investment of certain City funds to replace the existing investment policy and the purpose of the policy revision is to maintain a minimum of cash available to meet dally needs of the C~ty and to provide protection for the city's principal while receiving the highest yield possible for investing temporary excess cash; and WHEREAS, the City Council desires to adopt such revisions to the official policy regarding investment of certain funds of the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. The following policy revision, attached and made a part hereof, is hereby adopted as an official policy of the C~ty of Denton, Texas: Investment Policy (Reference No. 403 06) SECTION II. This policy replaces Investment Policy Reference No. 408.04. SECTION III. A copy of Investment Policy Reference No. 403.06 shall be filed in the official records of the City of Denton w~th the City Secretary SECTION IV. That this resolution shall become effective immediately upon its passage and approval PAssED AND APPROVE this the / day 1990. BOB CASTLEBERRY, MAY~ ATTEST: JENNIFRR WALTERS, CITY SECRETARY DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY lnvestm, res CITY OF: DENTON PAOE REFERENCE NUMBER SEc'rtON FINANCE POLICIES 403.06 I EFFECTIVE DATE SUBJECT INVESTMENTS REPLACES mT~.E INVESTMENT POLICY 408.04 P~r~oee, This policy shall provide the guidelines by which the City of Denton will maintain the minimum amount of cash in its bank accounts to meet daily needs, and to provide protection for its principal while receivins the highest yield possible from investinE all temporary excess cash. This policy is being adopted pursuant to the provisions o~ the Public Funds Investment Act of 1987, as amended, Article 842a-2, Vernon's Texas Civil Statutes. s~ope A. This investment policy applies to the investment activities of the City of Denton, excludin$ the specific funds cited hereafter. B, This policy shall not govern funds which are managed under separate investment programs. Such funds currently include; Employees' Retirement Fund of the City of Denton, the Firements and Policemen's Pension Funds of the City of Denton; other funds established by the City for deferred employee compensation; revenue bond reserve funds; and certain private donations. The City shall and w~ll maintain responsibility for these funds to the extent required by~ Federal and State Law; the City Charter; and donor stipulations. CI The following funds, as well as other funds that =ay he created from time to tlme~ shall be administered in accordance with the provisions of this policy= Cash equivalent assets of the General Fund, Community Development Block Grant Fund, Recreation Fund, Crime Prevention Fund, Airport Grant Fund, Airport Master Plan Fund, Emily Fowler Library Fund, Debt Service Fund, Street Improvement Fund, General Project Fund, Electric Fund, Electric Bond Fund, Water & Sewer Fund, Water Bond Fund, Sanitation Fund, Landfill Construction Fund, WorkinS Capital Fund, Defensive Driving Fund, Self-Insurance Fund, Employee Health Fund~ and any other fund of the City not specifically excluded in these policy guidelines. Page 2 of 6 POLiCY/A~r~TmIST~ATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continned) TITLEs INVESTMENT GUIDELINES [NUMBS.' 403.06 In. Ob ective A. There are three (3) objectives this Investment Policy will address. The primary objective of the City's investment activity is the preservation of capital in the overall portfolio. Each investment transaction shall seek to first ensure that capital losses are avoided, whether they be from securities defaults or erosion of market value. The second objective shall be liquidity and the final objective shall be the yield of the investment. B. To prevent the possibility of loss of resources, the City will attempt to identify and limit exposure to market price risk, default risk or be invested in a manner which is contrary to applicable federal and state regulations. C. To enable the City to meet operatin8 requirements that misht be reasonably anticipated, the City's investment portfolio will remain sufficiently liquid. Liquidity shall be achieved by matching investment maturities w~th forecasted cash flow requirements and by investing in securities with active secondary markets. D. It shall be the City's goal, in the area of yield, to establish and maintain a portfolio which regularly exceeds the averaSe rate of return on three (3) months U.S. Treasury Bills, or the average Federal Reserve Discount rate, whichever is higher. The first measure of success in this area will be the attainment of enough income to offset inflationary increases. Even though steps will be taken to obtain this goal, the City's staff shall constantly be cognizant of risk limitations. E. All participants in the investment process shall seek to act responsibly as stewards of public assets. The Treasurer shall avoid any transactions that might impair public confidence in the City's ability to govern effectively. The governing body recognizes that in diversifying the portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio'e investment return, provided that adequate diversification has been implemented. IV. Investment Committee There is hereby created an investment committee consisting of the City Manager, Director of Finance, Treasurer, and one member of the City Council. The investment committee shall meet at least quarterly to determine general strategies and to monitor results. Included in its deliberations will be such topics as: economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorize brokers and dealers, and the target rate of return on the investment portfolio. The committee shall establish its own rules of procedures. V. ResponsibiliCy A. The management responsibility for the investment program is hereby delegated to the Director of Finance, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delesation of authority to the individual(s) responsible for investment transactions. The primary individual who shall be involved in investment activities will be the Treasurer. No persons may engage in investment transaction except as provided under the terms of this policy and the procedures established by the Director of Finance. The Director of Finance shall be responsible for all transactions undertaken, and shall establish a system of control to regulate the activities of the Treasurer. B. The Director of Finance, Treasurer, and other Finance employees shall be personally indemnified in the event of investment less provided the Investment Policies and Guidelines are followed. The Treasurer shall submit monthly an investment report, to the investment committee, that s,,mmarizes recent market conditions, economic developments and anticipated investment conditions. The report shall summarize the investment strategies employed, describe the portfolio in terms of investment securities, maturities, risk characteristics and other features. The report shall explain total investment return to date and compare the return with budgetary expectations or projections. D. Within sixty ($0) days of the end of the Fiscal Year, the Treasurer shall present a comprehensive annual report to the City Council on the investment program and investment activity. The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program. E. The guidelines of retaining records for seven years, as recommended in the Texas State Librar7 Municipal Records Manual should be followed. The Treasurer shall oversee the filin$ and/or storin$ of investment records. F. Wire transfer authorization forms shall be kept on file with bankin$ institutions. The authorization form shall identify individuals authorized to make wire transfers and the institutions desi$nated to receive the wire transfer. The Treasurer or other authorized representative of the City should complete a transfer notice and give it to the proper Finance Depart~ent personnel. The transfer confirmation received from the bank should be asreed with this notice and the appropriate Journal entry made. A wire transfer in excess of $500,000 should not be executed without written confirmation from authorized city staff. G. In the event of the absence of the Treasurer, the authority to invest in maturities beyond six (6) months shall be regulated by the controls and procedures outlined by the Director of Finance. VI. Inweet~ent A. Idle funds of the City of Denton may be invested in: o U.S. Treasury securities (maturing in less than five (5) years), o Short term oblisations of U.S. Government agencies (maturing in less than two (2) years; o Fully insured or collaterallzed certificates of deposits at commercial banks domiciled in Texas (maturing in less than one (1) year); o ~epurchase agreements collateralized by U.S. Treasury Securities from- banks domiciled in Texas and primary brokers/dealers, as provided in the Public Securities Association (PSA) Master ~epurchase Agreement (maturinS in less than thirty (30) days); o 0ther such securities or obligations permitted by Federal and State Law and approved by the investment committee. B. It is the policy of the City of Denton to diversify its investment portfolios. The diversification will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector; therefore, portfolio maturities shall be stasgered. Securities shall also be selected which provide for stability of income and reasonable liquidity. Diversification strategies shall be determined and revised periodically by the investment committee. In establishing specific diversification strategies, the two (2) following general policies and constraints shall apply~ 1. ~isk of market price volatility shall be controlled through maturity diversification such that aggregate price losses on instruments with maturities exceeding one (1) year shall not be greater than coupon interest and investment income received from the balance of the portfolio. Page 5 of 6 POLiC, f/~i~NIST~A?IVE PROCEDUp~/~_n~?~ISTRATIVE DIP. ECTIVE (Continued) ~ k~kENCE ~NUMBEI~: 403.06 TITLE: INVESTMENT GUIDELINES I 2. The investment committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U.S. Treasury Securities, U.S. Government Agencies, repurchase agreements, insured/collateralized certificates of deposit and other securities or obligations. The investment committee shall conduct a quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. C. Security swaps may be considered as aa investment option for the City. A swap out of one instrument into another is acceptable to increase yield, realign for disbursement dates, extend or shorten maturity dates and improve market sector diversification. Swaps may be initiated by brokers/dealers who are on the City's approved list. D. Investments will he solicited on a competitive basis with at least three (3) institutions. The investment committee can approve exceptions on a case -by case basis or on a general basis in the form of guidelines. These guidelines shall take into consideration the investment type maturity date, amount, and potential disruptiveness to the City's investment strategy. The investment will be made with the broken/dealer offering the best yield/quality to the City. VII. Selection of Banks and Dealer~ A. City Council shall, by ordinance, "select and designate one or more banking institutions as the depository for the monies and funds of the City." The bank shall be selected primarily on "solvency and stability" and secondly, on rate of interest available. B. The Treasurer shall conduct a comprehensive review of prospective depositories credit characteristics and financial history. C. The bank shall be selected through a formalized bidding process in response to the City's request for proposal (RFP) outlining all services required. The investment committee shall have the discretion to determine the time span for rebidding the banking services contract; however, a two year period will be the maximum length of time between rebidding. D. Banks and savings and loans associations seeking to establish eligibility for the City's competitive certificate of deposit purchase program~ shall submit financial statements, evidence of Federal insurance and other information as required by the Director of Finance. E. The investment committee shall be responsible for selecting brokers and dealers of government securities. Their selection shall be among o~ly primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehensive credit and capitalization analysis reveals that other firms are adequately financed to conduct public business. In the dealing with City funds, the Treasurer shall not conduct business with any securities dealers w~th whom or through whom public entities have sustained losses on investments. To guard against default possibilities under these conditions, and to assure diversification of bidders, business with any one issuer, or investment broker, should be limited to twenty-five (25~) per cent of the total portfolio at any point in time. In this way, bankruptcy, receivership or legal action would not im~obilize the City's ability to meet payroll or other expenses. VIII. P~incipal Protection and Safekeeping A. All deposits and i~vestments of City funds other than direct purchases of U.S. Treasury or U.S. Agency notes shall be secured by pledged collateral with a market value equal to no less than 102 percent of the principal plus accrued interest less an amount insured by FDIC or FSLIC. Evidence of proper collateralisation in the form of original safekeeping receipts held in institution's trust department or at a third party institution not affiliated with the bank or bank holding company will be maintained in the office of the Treasurer et all times. The Director of Finance, Treasurer or other authorized City Representative will approve and release all pledged collateral. Collateral will be reviewed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank Balances. The Committee shall request additional collateral in the event they deem that their deposits end investments are not sufficiently protected by the pledged collateral. B. Safekeeping procedures shall be established by the Investment couittee which clearly define steps for gaining access to the collateral should the City determine that the City's fund8 are in Jeopardy. Collateral safekeeping and substitution agreements will be apart of the procedures. C. Only securities allowed by the Public Funds Investment Act shall be eligible to be pledsed as collateral. However, U.S. Treasury Securities shall be the primary securities accepted as collateral. 2149F 08/07/90 APPENDIX A 5298F RESOLU£ION NO. A RhSOLOTION ADOPTING AN INVESTMENT POLICY FOR CERTAIN FUNDS FOR THB CITY OF DENTON, AND oBCLARING AN hFFECTIV~ DATE. WHERBAS, the Director of the Department of Finance for the City okI Denton nas presented a proposed policy regarding the lnvestmgnt o£.certaln City funds and the policy's purpose is to maintain a minimum of cash available to meet dally needs of the City and to provide protection for the City's principal while receiving the nighest yield possible for investing temporary excess casa, and WHhREAS, the 61ty council desires to a~opn such a policy as an official policy regarding investment of certain funds of the City, N0~, T~{BRBFORB, THE COUNCIL OF TH£ CITY OF DBNTON HEKh~Y ORDAiNo SECTION I. The £ollow~ng policy attached heretofore and made a :part l~ereof, is hereby adopted as an o£flclal pollcy O~ the City of Denton, Texas: Investment Policy (Reference No 403 0o) SECTION II. The foregoing policy is attached hereto and made a part aereo£ an~ shall ~ flied in the O£flclal records of the City of Denton with the City Secretary. SECTION III. That this resolution shall Oecome effective immediately upon its passage and approval PASSED AND APPROVBO this the __ day of , 1990. BOB CASTLBBERRY, MAYOR ClFY OF DENTON, TEXAS ATTEST JmNNIFBR ~ATBRS, CITY SECRETARY CITY OF DhNTON, £BXAS APPROVbD AS TO LEGAL FORM: oEBRA ADAMI ORAYOVITCH, CITY ATTORNEY CITY 0Fi DENTON, TmXAS BY APPENDIX B SECTION2 (~) ThkAettakeeeffeet~el~-m~-l,l~$. (b) ~ A~ apples m all ~ (1) ~mmencM on or ~ ~ eff~e ~U of ~ A~ or (2) ~n~g on ~e eff~ve ~ of ~ A~ ~d ~ w~h ~e ~, or ~y new ~ ~ ~l fol]o~ moron, ~p~, or o~, ~ on ~ ~ ~ ~e ~ of ~ Ae~ (e) In ~ ~n ~ ~ ~e ~ ~ of ~ A~ · ~, ~w ~, or eon~u~ ~ eff~ for ~t p~ ~en~ m ~ he~ ~ ~ em~n~ ~d ~ ~ ~b~ n~iU ~t ~e ~Um~o~ ~e ~ b~ m ~ ~ on ~ ~ ~ m ~ ho~ ~ s~wnd~, ~d ~ ~e m ~by ~ ~ ~ M~ ~, CHAPTER ~AC~ SE~0N 1 SHORT ~ SE~ON · D~'~ONS. e~ a~ ~ (~) "~k ~' (~ o~ oe ~ ~ k m~m~t ~ but n~ ~y ~n (~ '~mp~ ~" (A) a ~b~ ~ ~d ~) ~ ~ (6) 'In~nt ~' Ch, 627, § 9. ?Id 13GmL l Z--mm L .q SB8810 a ~ne~ obh~n of ~e UM~ SU~ ~d ~ ~ ~M ~ f~ ~d ~ (~.~ ?b~n, ~ ~ of ~ m~t ~ w~ ~m~ ~ mo~b~ s~ ot ~e ~ or ~en~ (B) s "c~f ~u~" n ~ h ~u~n (~, ~ 8 1~ Bum & ~mme~ ~, ud of ~n 6 o~ ~ A~ (8) "~b~c ~n~' ~ ~y 8MM or ~ ~ oF ~n~ en~, ~, ~ ~cle ~, ~ ~, o~ ~ T~ ~n, ~ p~ ~ (9) "~b,e enU~' m~ ~ pub~ ~ h ~ s~ ~ b ~ ~ ~ of (11) '~' ~ ~ of ~ ~ ~ ~, mel~ c~ by e~bb ~ ~b ~ ~b ~ ~ ~ ~ ~ me~ of v~n of h~Mq ~ ~ M ~ ~ of ~b ~ ~e~of~hvu~t~b~M~~pub~ funds, reed the method of vedust~on publ~ ~ (c) ~e public en~ sl~ifl~t c~S~ m SE~ION 6 POP.SION OF CO~ ~ by hw, s~ de.siM of ~ublic of ~e public en~e p~d~ h Su~on de~i~ not of ~ Sub.on (e) ~on. ~n ~men~ de~t~ ~ ~ de.siM of pub~ ~. (A) s 8MM d~f~8~ ~en~ s~l~ (B) ~e (2) ~e ~ s~l public ~ of en~ or o~e~, public en~ ~nd s~ll p~p~ ~ue enfiU ~t ~ fur publia enff~ ~ ~e ~ p~ ~ ~ ~ ~. ~ ~ ~, ~e ~e ~ ~mg out of ,publJe ,rumb wt~ the dep~etu~7, 8nd the ~ inte~t nrbinW o~t ~ a p~ ~ ~ ~n~ ~e pl~e of ~ ~ on ~ ~b ~ ~ ~ ~ ~ SE~ON 9. ~ ~R~. (8) ~e ~ for 8 pub~ ~ s~ ~) ~ ~ ~ & pub~ ~ ~ ~ ~ ~ ~d ~ t~ ~ s pub~ en~ ~ or b ~ for s ~ ~, b ~ ~ S~ONIO P~. (~) ~ ~ my ~ ~ m ws~ d~ (~ ~b~ ~byh~(~)~~ CHAPTn ~8 8.B, No. 184~ T SECTION 1 See~fon ~, Publfe Funds Investmpnt Aet o~ 19~r (Artieb 84~, Venem'8 em Civil Statutes), fa smeuded to read 88 rolJov~. SU~ OP Bank Sot¥1cel TO ~ ~tov%ded ~e~ ~og Secv~ce ~. SU~ly depenit s~pe &ccotd~ng to quantity, ~, Provide s~op payment services. $ ~ous security purchases). $ ~on_e ._ vL~hLn £~ve (S) worKLflg days st clostng da~e. J. ~ov~de da~y collected ~ances and ~edglt amended). Secu~t~ee p~adged ehal~ a~ all ~maa have a ma~Ke~ value of ~3~LT ~e~leo~ ~he ~ollov~ngt To,al Fledge Secure,tee h¥~ ~¥Fe/Deicc~pC~on The aecuzibiee pledged shall ~e heXd in a&£ekeep~ng by a eeptga~l and Joint or p~r~nerfhip bids (othm~ then mem~s of ~e smne holdinq ooapen¥) wL~ no~ b~ ~oasidmrod, 4774F a/22/89 FISCAL YEAR 1989 PEP. ZOO ENDING JUNE 30, 1989 IN~ITUTION. First State Bank of Denton ADORESS 101S. Locust, P. O. Box 100, Denton PHONE # (817) 382-5421 P~HARY RETURN RETURN LOAN TOTAL CAPITAL ON ON TOTAL LOSS TOTAL ASSETS RATIO EQUITY ASSETS LOANS RESERVE DEPOS[TS 113. 541 6.34J -119.55 -4.055 $ 166, 208.1R6 L9,654 ,~7~ $ 311,051 ,703 Please furntsh a copy of July 1989 call report and a copy of the latest Annual Stockholders Report. Additional Coammn~s that you would like ~o make regarding your bank DEPOSITORY AGREF. J4ENT PAGE 6 OF 7 Spec£a~ services ~hat can be o~£e~ed. Computer Access to Accounts' /X~,/¥es / /No Commen~s. Via Powerline eys~em as previously demonstrated. Naste~ca~d/Visa Se~vices- /XX/¥ea / comments: ~ock Box. f_xx_/Yes / /No Comments ~ega~d~ng Erequenc~ and da£1y ~epo~t£ng to ~he c~t~. Via Po~er~ne system as prev±ously demonstrated. Account AnalMsie /XX/¥ee Commenbs Con~=ol Concen~tation Account/Sweep Account ~X,,/¥es / /No Commen~s: As in the past. Addi~onal pages may used i£ necessa=y. 4774F DEPOSITORY AGREEMENT PAGE 7 OF 7 2, ~eDu=cbnne Ae~eeae~te See Appendix A(2) not Lone ~hnn ~59 basis ~x~nta ~ll~tF~l~/bo[ow ~hn ~nnsu~¥ Bt[[ 3, ~Q~l~llt Rate on Bank Loans to CttYt See Ap~efldlx A(~) .Oaflton Office a variance caze of ~xxxx~~ ~e bank's/base ~a~e ~evicee To ~e ~=ovided= ~ £o~ Secvtce ea~&blis~ed by the City (App=oximatcly 20,000 24~000 pe¥COI~ c~ecas ~,e= yc&~.) $ 12.000 thc city. Depoci~ed ~tcmc~ 340,000 (checks). $ None (sueA es ~)~PA paymefl~8, ~3ocd de~ se=vice and deG~l~a o=cut (ho~£days and weekends excepted) ~h~s ~n¢~udes same day cted~ on ~tce ~csns~e~s o~ Comptroller ceee~ved pt~oc to 2 O0 P K $ Sea Appendix C ~a paytng agent,) $ No~e 6. ~a~a a~at~w Sea Appendix A(6) ~ypo/Oesm:ip~on (24) hours. BANI~ONE. TEXAS. N.A. Office Preslden~ 8/22/89 DEPOSZTOR¥ AGREEMENT PAGE $ O~ 7 IrXSCAL YEAR 1989 PER]O0 ENI)ZNG dUNE 30, 1989 INST]TUTZ0N* RANK nNF: T;~ZA~;: N.A. ADORESS' 21~; W. Hlckory~ Oept;on 76201 PHONE # (817) 381'7~2~ PRZIdARY RETURN RETURN LOAN TOTAL CAPITAL ON ON TOTAL LOSS TOTAL ASSISTS RATIO EqUTTY ASSETS LOANS RESERVE DEPOSTTS Please ~rntsh a cop~ of Jul~ 1989 call report and a cow of Me latest Annual Stockholders ~port. Additional ¢ommen~ Mat ~ouwould like ~ma~ regarding your bank' See Attached OCC does not currently require reporting. Annual Stockholders report will be furnished when issued. Any additional financial ~nformation or detail will be furnished upon request. DEPOSTTORY A~RErddENT PAGE 6 OF 7 Special services that can he offered. computer Access to Accounts' /~ /Yes / /No Comments. See Appendix C Mastercard/Visa Services' /~ /Yes / /No comments= Lock sox. /~ /Yea / /Mo comments regarding frequency and daily reporting to the city. See Appendix C Account Analysis / x/Yea { /No Comments Service fees to be hard dollar charged through analysls on all interest baa?lng accounts. Zero Balance Account ~f,~t~xRa~fn~z~l~x~,q/Sweep Account / x/Yes / /Bo Comments' See Appendix C Additional pages My used if necessary. 4774F DEPOSITORY AGREEMENT PAGE 7 OF 7 APPENDIX A Inter~st Rates to be Paid on Single' Maturity T~me Deposits Interest earned on deposits will be calculated on an actual/365 day basis and w111 be paid at maturity of deposits 2. Repurchase Agreements. Securities eligible for repurchase agreements will include Agency Prior to invest~ng funds from a demand account or a CD ~n a repurchase agreement, the City wit! release collateral pledged against such funds. This wlll ellmlnate double collateral~zation of funds coilateralized through the demand account or CD, and coIIaterallzed through the repoo Securities repo~d will be safekept at BANK ONE, TEXAS, ~n Dallas Securities will not be delivered to a third party custodian Interest Rate on Bank Loans to City' The undersigned (Bank) agrees to consider request(s) from the City for loans with extension(s) to be granted based upon acceptable terms and condit~ons. Interest on loans will be calculated on an actual/360 day basis. 4. Interest on Demand Accounts: Interest on demand accounts will be calculated on an actualJ365 day basis and pa~d monthly. Interest will be paid only on balances ~n excess of those required to support services If services are paid for ~n hard dollars, interest will be pa~d on ail demand balances 5. Deposits Securlt¥ Securities accepted as collateral for deposits will include Agency CMO~s. In addition, BANK ONE, TEXAS ls able to offer serwces pertaining to the direct purchase and sale of securities APPENDIX B ~ll~keeplng amd Seourltle$ Proo® Mng Oervioes Poo OoMdulq . Book entry Nourltien S 2 O0 (per month, mr reoell)t) · Physical s~urltleS (bearer, registered) 4 O0 (pe~ month, per · Regtltrltio~ of it~uritie~ 26.00 . A~unt verification (ye(ir-end) NIG · AcIdltion&l verifloation atatementa 26 leourltles Mlnngement MOnthly pme, e~ng $76 00 (includee t~ ed~ and oM montlt,efld for up t~ 100 t~:lu~ ot ~e~urltle~) · No~-|~IftlI~M trll~lo~ (o~¢:h)76 · ,qdd#l~al ~ ol ,~ (ea~) ~0 O0 · Ccm0~idatione (oac~) 60 O0 · Merge,1 (each) 26 O0 . Safekeeping and Securities P~ocesslng fees may be charged on either a ha~l dollar or an accoun~ analysts basts SEP 11 '89 0~:16 MBANK OPERATIOMS ADMIM PAGE APPENDIX C BANK ONE, TEXAS FEE SCHEDULE FOR DEPOSITORY BID CITY OF DENTON 215 EAST MCKINNEY DENTON¥ TEXA~ 76201 ACTIVITY COST PER ACTIVITY STATE WARBA~ITS COLLECTION NEXTi DAY CREDIT NO CHARGE SAME DAY CREDIT CHARGES LESS THAN $ 100 000 30.00 $ 100,000 - 199 000 50.00 200,000 - 299 000 65.00 300,000 - 399 000 75.00 400,000 ' 499 .000 85.00 ,S00,000 - 599.000 100.00 ~600,000 - 699.000 110.00 700,000 - ?99.000 115.00 800,000 - 899.000 125.00 ,900,000- 999 000 1S0.00- 1,000,000- 1,099,000 175.00 1,100,000 ' 1,195,000 200.00 1,200,000 - 1,299,000 215.00 1,300,000- 1,399,000 225.00 1,~400,000 - 1,499,000 250.00 1~$00,000 ' 1,599,000 2?5.00 1,.600,000 - 1,699,000 310.00 1,?00,000 - 1,799,000 320.00 1,800,000 - 1,il99,000 330.00 1,.900,000 - 1,999,000 340.00 2.. 000,000 AND GREATER 350.00 DOMESTIC VOICE INITIATED WIRE TRANSFERS OUT~OING MONEY TRANSFERS R~PETITI'v~I ?. 00 PER TRANSFER NON.REP~TiTIVE: 9.00 PER TRANSFER INT~/qK MONEY TRANSFERS REPETiTiVE: 3.00 PER TRANSFER NON-REPETITIVE: 5.00 PER TRANSFER AUTOMATIC STANDING TRANSFERS INTERNAL 1.00 PER TRANSFER EXTERNAL 4.00 PER TRANSFER 4.00 PER TRANSFER INCOMING MONEY TRANSFERS CUSTOMER DRAWl)OWN REQUESTS NO CHARGE PHONE ADVICE 3.00 PER ADVICE MAIL ADVICE 1.00 PER ADVICE SE;~ il 89 0~; 17 MBANK O, ~ATIO~4S ADMIN PAGE INTERNATIONAL VOICE INITIATED TRANSFERS OUTGOING TRANSFERS 25.00 PER TRANSFEB INCOMING TRANSFERS 5.00 PER TRANSFEH ON-US 15.00 PER TRANSFER NOT-ON-US TERMINALLY INITIATED WIRE TRANSFERS OUTGOING MONEY TRANSFERS REPETITIVEI 4.00 PER TRANSFER NON-REPETITIVEI 6.00 PER TRANSFER INTI~MONE¥ TRANSFERS 1.00 PER TRANSFER REPETITIVE8 1.50 PER TRANSFER NON-REPETITIVE8 INCOMING MONEY TRANSFERS 4.00 PER TRANSFER EXTERNAL INTERNAL NO CHARGE WIRE ACTIVITY REPORT NO CHARGE AUTOMATED CLEARINGHOUSE SERVICES PAYROLL DIRECT DEPOSIT T~ACTZON O~ZQINATION 0.090 P~R ITeM ($25.00 MINIMUM) ONEI DAY SETTLEMENT SURCHARGE 0.050 PER ITEM 1.§0 PER ITEM RETb%~N ITEMS 2.50 PER ADVICE PHONE ADVICE 2.00 PER ITEM ~ECLEARS 25.00 PER MONTH THIaD PARTY MAINTENANCE 17.50 EACH STOP PAYMENTS 10.00 EACH CORRECTIONS 25.00 PER TAPE TAPE CHARGE CONTROLLED DISBURSBMENT FUNDING ACCOUNT PRE 75.00 PER MONTH 0.15 PER ITEM CHECKS PAID CREDITS POSTED 0.45 PER CREDIT RETAIL LOCKBOX SERVICE LOCKBOX PROCBSSING 0 - 50,000 ITEMS 0.14 PER ITEM 50~001 - 100,000 ITEMS 0.12 PER ITEM ~00,000 + ITEMS 0.10 PER ITEM MONTHLY MAINTENANCE 150.00 PER BOX OPTIONS8 0.03 PER ITEM ENCODING 0.05 PER ITEM CORRESPONDENCE 0.05 PER ITEM NON-PROCESSABLSS 0.03 PER ITEM INK JET SPRAY 0.045 PER ITEM MICROFILM 50.00 PER MONTH TAPE HANDLING FEE ~ANK---ONE BANC ONE CORPORATION FACTS Description: B~C ONE CORPORATION is a multi-state bank holding company headquartered in Columbus, Ohio. It operates 55 banks and 630 branch offices in Indiana, Kentucky, Michigan, Ohio, Texas and Wisconsin. BANC ONE serves customers in 82 cities and towns and employs 23,000 people It also operates affIliates that engage ~n trust services, mortgage banking, investment banking, consumer finance, equipment leasing, credit- related life Insurance, investment management, data processing, discount brokerage and venture capital activities. Financial Data: As of June 30, 1989, BANC ONE CORPORATION had: -- Total assets of $26.7 billion -- Total deposits of $19.9 billion -- Total loans and leases of $17.6 billion -- Equity capital of $2.2 billion CapLtalization: BANC ONE's primary and average common equity capftal ~o assets ratios were 8.91 percent and 8.40 percent at June 30, 1989. Peer Compariso~s: BANC ONE is among the 25 largest banks in the U.S. in total assets, and has ranked among the five most profitable banks in the U.S. since 1984. BANC ONE's average common equity to assets ratio of 8.30 percent at March 31, 1989 was the highest ~mong the 50 largest U.S. banks, which averaged 5.59 percent. (Peer comparisons are not yet available for the second quarter of 1989.) BANC ONE's 1988 return on average assets of 1.45 percent is the highest recorded by any of the current top 50 U.S. banks over the past 20 years. A recognized leader and innovator in consumer banking, BANC ONE was the first banking organization to offer BankAmericard (now VISA) BANK---m BANK ~ TEXASt NA FACTS Description= On July 5, 1989, The Deposit Insurance Bridge Bank began to operate as BANK ONE, TEXAS as BANC ONE CORPORATION assumed the management responsibilities for Bridge Bank. Bridge Bank comprised the assets, deposits and people of 20 MBanks which were declared insolvent and closed on March 28 and 29, 1989. BANC ONE CORPORATION will operate the bank under a management contract with the FDIC for approximately a four- to six-month period before consummating the purchase of Bridge Bank's assets and assuming the bank's liabilities. BANK ONE, TEXAS has 68 banking locations and about 5,500 employees throughout Texas. FiDa-cial Data: As of June 30, 1989, BANK ONE, TEXAS had: - Total assets of $13.0 billion - Total deposits of $8.9 billion - Total loans of $8.0 billion Peer C~arisons~ BANK ONE is the third largest bank in Texas in terms of total assets. BANK ONE offices rank among the largest banks in Texas' largest population centers: Austin, Dallas/Fort Worth, Houston and San Antonio. BANK ONE, TEXAS is a leader in the Southwest in both consumer and commercIal middle-market banking, and in providing cash management and capital markets services. In consumer banking, BANK ONE, TEXAS' predecessors were first in Texas to offer such products as bank credit cards and automated teller machines. M~-agemtent: Chalrman~ John B. McCoy President/CEO= Thomas E. Hoagl~n Vice Chairman: James B. Gardner July, 1989 Ctcy o£ ~sncon, Texas Gentlemen (Certificates o~ ~aposl~) k. DOpoIt~a o~ $100,O00.O00~ nore~ 7 -13 dayalO..l_O_.bests ~n~a sbove/~l[lld~Treesu~y B~I Yield ~80-364 dlyl~ba~l* ~n~l ~i/~lov Trealuty .ill Y~eld B. ~lt~l of ~ell th~ 8~0O,OO0.OO~ ~uEX~v Interest ~e XSO-364 days 20 ~as~. poLncs~X~ Treasury Bill Yield 36S days 20 ~s~8 ~ln~iX~i/beXov Treasury Bill Yield (HOH~ 8.~f-HOH oc 14cney-#&ckeC Accounts) Addenda.) 24,000 FtyzO~X .bsOks p~ yea~,) $ (C) D. Supply dipoa~ sXXpi soootd~ng ~o quan~X~y; ~be C~Cy. Deposited ~ems. 340,000 (ohee~s). $ (O) dei~s~o~y Migs~ ~s ne~essacy. I (£) O, Provide .cop ps~usn~ .e~vtess. S~5 O0/check vXch~n ~Lvo (5) ~FkXflg days of oXoaXng are ~o ~ ~ecurned ~n no~al se~en~e. S ([) baln~e8 by ~eAephoae u~fl cequeo~ S60 O0/~nC~ pe~ ecc~ ~e paying agene,) $ (L) (~Ox~Ox3O ~nc~e8 - ~ax~mum o£ ~vo ~2QXe8) $ (@) 60 ~lt~l SO~G=L~V= ADDENDUM Iii . ~t~ the )ame ~ltn~s day ~nY) v%~ no~ be cone~dered, A~RBtm Jl, B:af 4774f 8/22/8J FISCAL YEAR 1989 PERXO0 ENDZNG dUNE 30, 1989 IN~ITUTION: NCNB Texas ADDRESS 901 Main Street, Dallas, TX 75202 PHONE # 214) 508-0365 RETURN RETURN LOAN I TOTAL CAPITAL ON ON TOTAL LOSS TOTAL ASSE]rTS RATIO EI~UXTY ASSETS LOANS RESERVE DEPOSITS $ 27,9~1, 433 53~ ~1.7~ 1,t~ $ 17,317'914 g__~./Jl~7~9 $ 19,724,948 * In thousands ** Domestic *** Averaoe for pe~od used in ca)cul, ation Please furnish iF copy of July 1989 call repor~ aha a copy of t~e latest Annuel Stockholders Report. Additional Co~ents ~at you would like ~o make regarding your bank, Special services that can be offered. Computer Access to Accounts /X /Yes / /No Comments Mastercard/Visa Services /__.~/Yes / /No Comments' Loc~ .:x /X /Y,S Z_/No Comments regarding frequency and dally reportzng to the city. Service can be tailored to your speclflC needs Hourly mall pickups (Z4 hours per day), 365 days per year Account Analysis / X/Yes / /No Comments Example (pro forma) enclosed Control Concentration Account/Sweep Account / ~*/Yem / /NO Commen~s= Controlled Disbursement, Consentrat~on, and Zero Balance accounts are available Sweep accounts are not Additional pages may used if necessary. 4774F DEPOSITORY AGREEMENT PAGE 7 OF 7 September 19, 1989 Mr.. Jim Bunyard, city Treasurer City of Denton 215 E. McKinney St. Denton, Texas 76201 Dear Mr. Bunyard: This is to request that North Texas Savings & Loan Association of Denton, Texas be designated as a depository of funds of the City of Denton. We appreciate the opportunity to serve in this capacity and we appreciate your business. Yours v~r~ T~mly, con,roller HR:mkm DECATUR BRANCH OFFICE KELLER BRANCH OFFICE LEWISVILLE BRANCH OFFICE PILOT POINT BRANCH OFFICE ~415 SOUTH FM5~ 521 E PRICE STREET 302 SOUTH STEMMONS ~00 HWY 377 SOUTH DECATUR TEXAS 7~234 KELLER TEXAS 7624~ LEWISVILLE TEXAS 75067 PILOT POINT TEXAS 76258 817 627 1222 81'/ 379-5050 214-436-4~13 817 686-~t023 Fi{nST Crrv BA~co~o~no~ c~ T~s Auslin 823 Congress Avenue PO Box Au~tm Texas 78767 ( :~ 12) '~'~3 4343 September 15, 1989 Mr. Jim Bunyard City of Denton 215 E. McKinney St. Denton, Texas 76201 Dear Mr. Bunysrd: First City, Texas - Austin, N.A. would very much appreciate being designated as an authorized depository for the City of Denton for the next two years ending September 30, 1991. We will continue to provide the same specific services you presently require including, processing the City's sales tax reimbursements, and Insured Savings program that provides for deposits to be fully insured by F.D.I.C. with immediate withdrawal capabilities. In addition, your specialized needs will be reviewed on an ongoing basis and upgraded as appropriate. First City, Texas - Austin has provided banking services to the City of Denton for ssveral years, and we pledge our continued attention to detail and professional handling of your account. We look forward to the opportunity to serve as a depository bank in the upcoming years. Wi~ _kind~t~gsrds, Senior Vice President GRP/psc SEP z September 15, 1989 City of Denton Finance Dept. Jim Bunyard 215 E. McKinney Denton, TX 76201 Dear Jiml This is to confirm that Devton Federal Savings~ and Loan Association would like to remain as a depository for the City Our day to day operations have not chansed nor has the insurance coverage on our deposit accounts. We appreciate very much your consideration. If you have any questions please do not hesitate to contac~ me. Very truly yours, ;i.F~ AND LOAN Senior Vi~ee President LR/r$ 300 N ELM / P O BOX 1307 * DENTON TEXAS 76202 1307 · 817 387 3505 RESOLUTION NO ~ A RESOLUTION AMENDING THE BOUNDARIES OF INTENSITY AREAS 23 AND 24 OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton is petitioning for a zoning change for land owned by the North Texas Fair Association that would require the amendment of the boundaries of intensIty areas 23 and 24; WHEREAS, the Planning and Zoning Commission has recommended approval of the amendment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ Appendix A of the Denton Development Plan is amended by adopting amended Intensity Areas 23 and 24, attached hereto. ~ That the Concept Map of the Denton Development Plan is amended to show the amendments made ~ That this resolution shall become effective immediately upon its passage and approMal PASSED AND APPROVED this the~day of~, 1990 BOB CASTLEBERRY, MAYOR/ ! ATTEST: / JENNIFER WALTERS, CITY SECRETARY APPRO~D AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 89045~ ZNTBNSIETY ARBA ,~' 2~, 8lZl 6'18.35 ACRI8 BOUNDARY Highway 77, Boliv&~, Headlee Street, and C&~oll aouleva~d Bonnie B~ae Windso~ D~ive No~h p~ope~y li~e ot comme~cial and ~e~ail ~ses on ~he aide o~ Untve~sl~M V~MD~OR ORIV / N 0 I000 2000 BOUNDARY ,DESCRIPTION West West boundary of existing (OB) and (c) zoning west of Bonnie University Drive NORTH L~E ILT , BECTION 24~ ~ CT, (B~ MAT~LINE 24 ffi HWY 380 [] rUNIVERSlTY DR. WEST 'J, MH / 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 "A", attached hereto and included by reference herein, for the fiscal year 1989-90 are hereby, in all things, approved and ratified. SECTION II. That this resolution shall become effective immediately upon its passage and a~/ ~ PASSED AND APPROVED this the ~7~"-day of 1990 BOB CASTLEBERRY, MAY~ ~ ATTEST = JENNIFER WALTERS, CITY SECRETARY APPROV~.D AS TO LEGAL FORM: DEBRA A. DRA¥OVITCH, CITY ATTORNEY budget, ord EXHIBIT A FISCAL YEAR 1989-90 YEAR-END BUDGET ADJUSTMENT GENERAL FUND CURRENT INCR (DECR) MODIFIED GENERAL FUND EXPENDITURI~ BU'-I~tET ADiUSTMENT BUDGET GENERAL GOVBRNMIENT DILnT $464,971 ($4,000) ~t60,971 CODE ENFORCILMENT DBPT 113,523 4,000 117,523 FINANCE DEFT 2,259,181 (47,500) 2,211,681 INFORMATION SERVICES DElfT 1,033,82~ (10,0~0) 1,023,8'23 AIRPORT DEIn'T 96,581 2,500 99,0~ I FIRE DEPT 4,~09,S95 115,000 4,924,593 POLICE DEPT 5,457,612 (~0,(~0) 5,397,612 ~T OEN~RAL FUND ADJUSTM]ENT $0 NOTE THIS RESOLUTION WAS AMENDED BY R-91-053 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 TEE CITY OF DENTON HEREBY RESOLVES SECTION I. The City Manager is authorized to execute an agreement between the C~ty of Denton and the Department of the Army, Corps of Engineers establishing procedures for hydropower operatzon by the City of Denton under the terms and condzt~ons contained zn the agreement attached hereto. SECTION II. That Resolution No. R89-075 ~s repealed. SECTION III. That th~s resolution shall become effective immediately upon ~ts passage and approval. 1990. ' BOB CASTLEBERRY, MAYO? / ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY MEMORANDUM OF AGREF24ENT ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATION BY THE CITY OF DENTON PURSUANT TO FED~ ENERGY REGULATORY COMMISSION LICENSE- EXISTING DAM FERC PROJECT NO. 3940 Th~s Agreement, entered into this day of __, 19 , by and between the DEPARTMENT OF THE ARMY, Corps of En~ne.ers (hereinafter referred to as the "Corps", acting by and through the Southwestern Division Commander, and the C~ty of Denton, Texas {hereinafter referred to as the "COD"), acting by and t~rough ~ts City Manager, WITNESSETH, THAT= W~.AS, the United States is the owner and operator of Lew~sville Lake, the associated lands and appurtenant works located on the Elm Fork of the Trinity Raver, a navigable waterway of the Un,ted States in Denton County, Texas; and, WN~EAS, COD was issued a license on March 27, 1984 by the Feder&l Energy Regulatory Coramlsslon (FERC) to construct, operate and maintain hydroelectric facility, project number 3940, at Lew~sv~lle Dam located on the Elm Fork above Lew~sv~lle, Texas; and Wg~EAS, the Fort Worth District Corps of Engineers is responsible for the daily operation and ~ntegrlty of Lewisv~lle Dam; and .W~fl~AS, Article 39 of the FERC L~cense requires COD to enter into M~morandum 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 WwRREAS, COD has 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. According to the supplemental agreement, Dallas will not exercise its right to transport water in a pipeline from Lewisv~lle Lake to Elm Fork Water Treatment Plant, until the year 2005. Dallas will not ob3ect to benton's installation of a hydroelectric turbine generator on the Lewisvllle Lake low flow conduits which are utIlized by the City of Dallas for water supply releases; and W~k~WY~AS, 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 T~{EFORE, 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 tame-to-time upon request of either party as operating experience is gained and conditions warrant. Thls Operating Agreement shall remain in effect until revised by mutual consent. ARTICLE II - PHYSICAL LOCATION AND DESCRIPTION The Hydropower Pro]ect, described in the FERC license, 1,ncludee one 2,128 kw horizontal-axis hydroelectric generating unit. An outdoor-type substation is located ad]aoen{-to the powerhouse to step up the generator voltage to 24.9 ky. The powerhouse Ks 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 p~pes running from LEWIS~ILLE 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 wlll be required to direct turbine d~scharges through the new channel to Elm Fork River. A~TIC~E III - COOPERATION 1. 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 ~mpoundment and flood release capability of Lewlsv~lle Dam. The Corps agrees to cooperate in the operation of the Hydropower Project, provided such operation is consistent with ~ederal interests and with the Corps' responsibilities for maintaining the flood control function of the project. The Corps shall ~nform COD of all release rates through the hydroelectric project. 2. COD agrees to provzde the Corps Reservoir Control Section with daily pro]ect data by 0830 hours each day. This data shall consist of the 0800 hours release rate in cubzc feet per second (CFS), the mean dally turbine and by~ass release for the period midnight to midnight in day second feet (DSF), and the number of hours of generation and megawatt hours Of generation from m~dnlght to midnight. 3. COD agrees to notify the Corps Reservoir Control Section within one hour of a unit shutdown. The Corps shall provide home phone ngmhers for use during non-duty hours. ARTICLE IV - OPEi~ATIONAL ~EQUII~.~NTS SECTION==A. GENEraL COD agrees that Lewlsvllle Lake Is presently being operated for flood control, water conservation, and recreation ~urposes. The City of Dallas is permitted to request normal ater 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 LEWISVILLE OPERATING PLAN PAGE 4 pipes. At Lake stages above the top of the conservation pool (elevation §22.0 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 ex~st~ng release rates for the Lew~svllle Lake. In order to meet the Contractual obl~gatlons 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 r~ght to make sa~d releases through the Corps' low flow outlet works. S~CTION B. SPECIFIC OPERATIONAL DETAILS 1. The Corps ls responsible for the operation of Lewlsvllle Dam and Lake. Under th~s Operating Agreement, t,he Texas Water Commxssxon, and the supplemental agreement No. 1 w~th Dallas, the Hydro Project shall be operated as a r.un-of-r,ver project. The Corps shall control the exlst,ng Corps' valves remotely from the Lew~svllle project tower house Hydroelectrlc Plant operation shall be fully automatxc UsIng a Supervisory control system for the wxcket gates, turbxne/generator, and bypass valve. The remote control system will allow COD to mort,tot releases through the powerhouse. 2. After a through revxew of the applxcatxon for a l~cense under part 1 of the Federal Power Act, the design of the Hydropower Project is consistent w~th the englnee~lng standards governing dam safety. An environment assessment was ~ssued with a f~nd~ng of no significant ~mpact on the environment , and FERC also concluded that the Hydropower Project Ks properly desxgned to comprehenslvely develop the hydropower potential of ~ew~sv~lle Dam and Lake, and the Elm Fork R~ver. 3. Attachment 1 "Regulating Plan" s,tmmar~zes the LEWIS~ILLE OPERATING PLAN PAGE 5 operation modes during normal, high, and flood releases. The method of release will depend upon the elevation of the lake~ whether the release is 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. 6. The Corps has the authority to direct COD to stop Hydropower Project 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 as much prior notice as possible for any such outage. A~TICLE V - INSPECTION COD shall permit the Corps to inspect the Hydropower Pro3ect 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 FE~C. When operational practices or deficiencies may ~esult 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 I~EPORTING COD agrees to maintain communications between the Corps operating personnel by means of a direct circuit or other direct means of communications, as directed by the District, to coordinate the operation of Hydropower Project. LEWISVILLE OPERATING PLAN PAGE 6 ARTICLE VII - MAINTENANCE RESPONSIBILITIES 1. Responsibilities for maintenance of various facilities assocaated wath the Hydropower Project will be divided between COD and the Corps as follows. A. COD wall maantaln at ats sole cost the follow~ng: 1. Powerhouse and substation, including the fenced area of the slte~ 2. New penstock at all times, and the Corps' parkang lot when damaged or disrupted by actavatles of COD~ 3. The powerhouse dascharge channel~ 4. Any signs or public ~nformat~on facilities constructed by COD for ars purposes. 5. All maantenance to the eYast~ng Corps Outlet Works Structure and Conduat, St~llang Basan, and Discharge Channel resultang from operataon of the hydropower facalat~es. B. The Corps wall maantaan at ats sole cost the followlng= 1. Recreataon and public access facal~tles, ancludang sagns, tra~ls, stairs, observataon/fashang platforms, restrooms and parkang lots, whether original or constructed by COD as part of the Hydropower Pro]ect~ 2. Any s~gns or publac anformataon facllat~es ~ constructed for the Corps' benef~t~ 3. The normal maantenance of the ex~st~ng Outlet Works Structure and Conduat, Stalling Basan and Discharge Channel; 2. Nothing an this agreement wall preclude COD or the LEWISVILLE OPERATING PLAN PAGE 7 COrps from contracting with each other to perform speclflc maintenance act~vlties, regardless of which agency ~s ultimately responsible for the cost. ARTICLE VIII - OTR~R PROVISION Nothing in this Operating Agreement shall be deemed as a waiver of any requirement or obligat~on set forth ~n the Order Issuing L~cense issued March 27, 1984 by the Federal Energy Regulatory Commission, or any amendments to the license. CITY OF DENON UNITED STATES Br~gadier General, U.S.A. City Manager Division Engineer C~ty of Denton, Texas Attachment: RegulatLng Plan / PP~OV~:D ,~S TO FORM. C~IY aTTORNEY, 11/9/~9 CiTY OF DENTON, T~ LLOPAGR ATTACHMENT I ~EGULAT ING PLAN FOE LEWISVILLE HYDROELECTRIC PROJECT This Regulating Plan has been prepared as part of the plans and speclf~catione for the Lewisvllle Hydroelectric Pro3ect, in accordance w~th Article 39 of the Federal Energy Regulatory Comm%sslon ("FERC") license for the Lewisvllle Hydroelectric Project No. 3940 ~ssued 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 whlch ~s dated August ?, 1985. The plan is divided ~nto two sections= Section I describes design modes during operation of the Lewlsvllle Hydroelectric Project, and Section II describes reservoir flow diversion and regulation requirements for operations of Lewlsv~lle Lake during construction Of the Hydroelectric Project. LEWISVILLE REGULATING PlAN Page 2 I. RE~DLATING PLAN DURING OPERATION A. General The Lewxsvllle hydroelectric project will have ten release modes: low, operating, operating and spill, flood, low-to-operat~ng, operatxng-to-low, operating-to operatxng and spill, operating and splll-to-operatxng, operating and spill-to-flood, and flood-to-operatxng and sp~ll. These modes are dxscussed below. B. Low Flow Mode During low flow mode, less than 150 cfs, releases wxll be passed through the Corps outlet works. In thxs mode, the various parts of the facxlxty xdent~fled below will be xn the status xndxcated: 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-xnch Corps valves Open/Corps 4. TwO 60-xnch COD valves Closed*/Denton 5. Turbine/generator Off/Denton 6. 36-~nch bypass valve Closed/Denton * Optlonal-May be left open C. Operating Mode During the normal operatxng mode, 150 to 623 cfs, releases wxll be passed through the turbine. In thxs mode, the various parts of the facxlxty xdent~f~ed below wall be an the status xndlcated: Pa~t of Facxlxty Status/Party Responsible 1. Outlet works xntake ~en/Corps structure slide ~ates 2. 16-f~t flood control conduxt Closed/Corps 3. ~o 48-xnch Corps valves Closed/Corps 4. ~o 60-xnch COD valves ~en/Denton 5~ Turbine/Generator On/Denton 6. 36-inch b~ass valve Closed/Denton LEWISVILLE REGULATING PLAN Page 3 D. Operating And Spill Node 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 mods, 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 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 bM the Corps. In this 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 As required by Corps structure slide gates 2. 16-foot flood control condu~t Open by Corps 3. TWo 48-~nch Corps valves As required by Corps 4. TWo 6g-inch COD valves Closed*/Denton 5. Turbf~e/Generator Off/Denton 6. 36-inoh bypass valve Closed/Denton * Optional-May be left open LEWISVIL~.E REGULATING PLAN Page 4 F. Transition From Low to Operating Mode During transition from less than 150 cfs to (1§0-623) cfs, the various parts of the facility ~dentlf~ed below w~ll be ~n the status lnd~cated= 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. 36-1nth bypass valve Remain Closed/Denton G. Transition From Operating to Low Mode During translt~on from (150-623) cfs to below 150 cfs, the various parts of the facility ~dent~f~ed below w~ll be in the status ~ndlcated~ Part of Pao~l~ty Status/Party Responsible 1. Outlet works ~ntake Remain Open/Corps structure slide gates 2, 16-foot floo~ control condu~t Remain Closed/Corps 3. TWo 48-inch Corps valves Open/Corps 4. Two 60-~neh COD valves Close*/Denton 5. Turbine/Generator Stop/Denton 6. 36-inch bypass valve Open automatically- Closed manually/Denton *Optloaal - Nay be left open LEWISVILLE REGULATING PLAN Page § H. Transition from Operating to Operating and Sp~ll Mode During transition from 623 cfs to 1,000 cfs, the various parts of the facility ~dent~f~ed below will be in the status indicated: Part of Facility Status/Party Responsible 1. Outlet works ~ntake Open/Corps structure slide gates 2. 16-foot flood control conduit Remain Closed/Corps 3. Two 48-xnch 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 · dent~f~ed below will be in the status ~nd~cated: Part of Facility Status/Party Responslble 1. Outlet works ~ntake open/Corps structure slide gates 2. 16-foot flood control conduit Remain Closed/Corps 3. Two 48-1rich Corps valves Close/Corps 4, Two 60-inch COD valves Remain Open/Denton 5. Turbine/Generator On/Denton 6. 36-inch bypass valve Remain closed/Denton LEWISVILLE REGULATING PLAN Page 6 L. Transition from Operating and Sp~ll to Flood Mode For releases from (623-1,000 cfa) to above 1,ODD cfa, the various parts of the facility ~dentlfled below will be ~n the status indicated: Part of Facility Status/Party Responsible 1. Outlet works intake As required by Corps structure al,de gates 2. 16-foot flood control conduxt Open/Corps 3. Two 48-Inch Corps valves As required by Corps 4. Two 69-1nob COD valves Closed*/Denton 5. Turbine/Generator Stop/Denton 6. 36-~nch bypass valve (Open Automatically- Closed Manually) /Denton * Optional-May be left open M. Transition from Flood to Operating and Sp~ll For releases from above 1,OOO cfs to (623-1000) cfa, the various parts of the facility identified below w~ll be an the status indicated: Part of Paclllty Status/Party Responsible 1. Outlet works intake structure slide gates Open/Corps 2. 16-foot flood control conduit Closed/Corps 3. Two 48-inch Corps valves AS required by Corps 4, TWo ~0~lnoh COD valves Open/Denton 5; Turbine/Generator Start/Denton 6. 36-inch b~pass valve Remain Closed/Denton LE~ISVILLE R~TII~ Page 7 I~U~ATII~ P~ D~I~ CO~S~UCTI0~ A. ~eneral Construction cE the Le~sv~lle h~droelectr~c p~ojec2 pro~sed ~o beg~n ~n ~uly or ~ugus2 o~ ~990, and ~hall take approx~2e~ 12 ~n2hs ~o comple2e. Du~ng 2he ~rsk 10 ~nths cE construc2~on, lake re~eases ~1~ be ~de through 2he ex~st~ng d~scharge structure. The~eaEter, each cE the ex~st~ng outle~ condu~2s be out al~ernat~vel~ Eot t~o ~eeks, thus at leas2 one cE the ex~st~ng condu~2s ~11 be available Eo~ ~k~ng releases until the tap to the existing iow discharge 5-~t conduit is c~pleted. IE necessary, ~elease r~ir~ents greater than the capacit~ cE one conduit can be ~de through the 16-[~t dieter Ei~d conduit. B. Construction Release Progr~ The construction release proqr~ w~ll be c~pr~sed cE 2hree ~ases. Phase ~. ~ connection ~o ~he Corps outlet condu~2s. During the construction CE 2he h~dro project, 2he release Erom the conservation ~1 e~ll con~nue through the ex~st~ng discharge structure. Phase II. ~oh o~ the ~o ne~ 5-E~t p~pes ~11 be ~ed to one cE ~he t~o ex~st~ng 5-E~t outlet ~ork p~s. ~ork shall be scheduled 2o ~ork on one at a ~ri~ ~he release shall ~ss 2hrough 2he other ex~st~ng 5-E~t outlet pl~. At ~l~ cE h~gh ~ater d~nd during phase 2, ~he releases ~ s~ul~aneousl~ be ~ssed ~hrough the Elo~ condu~t and the ex~stin9 lo~ Elo~ ou21et. ~P_,G21290 2899L RESOLUTION NO..~-f~J-~ 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 Resolution No. R89-076 is repealed. SECTION III. That this resolution shall become effective immediately upon its passage and app~. ~ PASSED AND APPROVED this the/~f day of , 1990. BOB CASTLEBERRY, MAY~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY 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 Th~s Agreement, entered ~nto th~s 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~v~slon Commander, and the City of Denton, Texas (hereinafter referred to as the "COD"), acting by and through its City Manager, WITNESSETH, THAT: Wgs~FJ~S, the Unzted States zs the owner and operator of Ray Roberts Lake, the associated lands and appurtenant works located on the Elm Fork Of the Trinity R~ver, a navigable waterway of the United States in Denton County, Texas; and, Wgs~AS, COD was ~ssued a l~cense on March 20, 1985 by the Federal Energy Regulatory Come,salon (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 9~g~AS, The Fort Worth D~str~ct Corps of Engineers ~s responsible for the da~ly operation and ~ntegr~ty of Ray Roberts Dam~ and Wg~EAS, Article 34 of the FERC L~cense requires COD to enter into Memorandum of Agreement w~th the Corps, describing the mode of hydropower operatIon acceptable to the Corps~ and RAY ROBERTS OPERATING PLAN PAGE 2 NOW THEREFORE, the parties agree as follows: ARTICLE I - RIGHT TO ~.EVIEW ~ I{EVISE The Corps and COD recognize that this Operating Agreement 1s subject to review from t~me-to-tlme upon request of either party as operating experience is gained and conditions warrant. Thls O~erat~ng Agreement shall remain in effect until revised by mutual consent. ARTICLE II - PHYSICAL LOCATION AND DESCRIPTION The Hydropower Project, described in the FERC l~cense, · ncludes one 1,ODD 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 ky. The powerhouse Ks to be located approximately 30 feet west of the exlst~ng st~lllng basin. A tailrace would extend about 60 feet downstream from the turbine draft tube to the discharge channel of the outlet works stlll~ng basin. The s~ngle-un~t configuration would entail the connection of a 60 lnch dzameter pipe to the blind flanged bifurcation on the low-flow outlet conduit constructed by the Corps. A 195 - foot sectlon of the 60 - ~nch d~ameter would connect to the Franc~s turbine. ARTICLE III - COOPEI~ATION 1. COD agrees to O~erate the Hydropower Project according to the Corps operating requirements. The Hydropower Pro3ect w111 be operated to protect Federal interests, lnclud~ng, but not limited to, the flood control impoundment and flood release capability of Ray Eoberts Dam. The Corps agrees to cooperate ~n the operation of the Hydropower Pro3ect, provxded such operation is consistent wlth Federal Interests and with the Corps' respons~bll~tles for malntalnlng the flood control function of the project. RAY ROBERTS OPEI~ATING PLAN PAGE 3 2. COD agrees to provide the Corps Reservoir Control Section with dally project data by 0830 hours each day. This data shall consist of the 0800 hours release rate in cubic feet per second (CFS), the mean daily turbine and ~ypass release for the period midnight to midnight in day second'feet {DSF), and the number of hours of generation and megawatt hours of generatzon from m~dnlght to midnight. 3. COD agrees to notify the Corps Reservoir Control Sectzon within one hour of a unit shutdown. The Corps shall provide home phone D-mhers for use durzng non-duty hours. ARTICBE IV OPERATIONAL HEQUII~4ENTS SECTION A. GENERAL COD agrees that Ray Roberts Lake will be operated for flood control, water conservation, and recreation purposes. The City of Dallas is permitted to request normal water Supply releases from the conservation Dool. That requested releases are effected through the operation of the control valve on the 60 - inch flow d~scharge p~pe. 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 ~nstallat~on would generate energy from flows released for the lake multapurpose operation. In order to meet the contractual obligations under contract No. DACW63-80-C-0103 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 sa~d releases through the Corps' low flow outlet works. SECTION B. SPECIFIC OPERATIONAL DETAILS 1. The Corps is responsible for the operation of Ray Roberts Dam and Lake. Under th~s Operating Agreement and the Texas Water Commission, the Hydro Pro3ect shall be RAY RO~E~TS OPERATING PLAN PAGE 4 operated as a run-of-river project. The COD shall control t~e Corps' low flow regulating valve which is being s~pplzed by COD. The regulatzng valve shall be capable of ~eing operated manually or remotely and the Corps wzll be rovided wzth a key to access the valve for emergency operation should the need arzse. Hydroelectrzc Plant o~eratlon shall be fully automatzc uszng a Supervisory control system for the wzcket gates, and turbine/generator The remote control system will allow COD to monitor releasee through the powerhouse. 2. After a through review of the applzcatzon for a license under part 1 of the Federal Power Act, the design of the Hydropower Project zs consistent w~th the engzneering standards governing dam safety. An environmental assessment was zssued with a finding of no szgnlficant zmpact on the environment , and FERC also concluded that the Rydropower Project zs properly designed to comprehensively develop the hydropower potential of Ray Roberts Dam and Lake, and the Elm Fork River. Attachment 1 "Regulating Plan" s-mm~rlzee the ~peration modes durzng normal, high, and flood releases. he method of release will depend upon the elevation of the ~ake; whether the release Ks for conservation or flood Controls and whether the flow rate zs usable for generation. 4. COD agrees to notify the Corps as soon as possible whenever the generating unit ~s subject to a forced outage. 5. COD agrees to permit the Corps to take whatever emergency action is needed to prevent or reduce a hazard to h-m~n life, and to prevent s~gn~ficant fluctuation of Ray Roberts Reservoir. 6. The Corps has the authority to d~rect COD to stop Ryropower Project operation so that maintenance or ~epairs may be effected to any part of the outlet works and utlet works channel~ should such be deemed necessary. The orps w~ll provide as much prior notice as possible for any such outage. I~AY ROBERTS OPERATING PLA~ PAGE 5 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 ~unlnent 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, INFOI~MATION EXCHANGE, .......... AND I~EPORTING COD agrees to maintain co---unicatlons between the Corps operating personnel by means of a d~rect circuit or other direct means of communications, as d~rected by the District, to coordinate the operation of Hydropower Project. ARTICLE VII - MAINTENANCE I~ESPONSIBILTIES 1. Responsibllties for maintenance of various facilities 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, ~ncludlng the fenced area of the site; 2. New penstock at all t~mes, 3. The powerhouse discharge channel~ 4. Any signs or public ~nformat~on facilities constructed by COD for its purposes. 5. All maintenance to the existing Corps Outlet Works Structure and Conduit, Stilling Basin, RAY ROBERTS OPERATING PLAN PAGE 6 and Discharge Channel resulting from operation of the hydropower facilities. B. The Corps will maintain at ~ts sole cost the follow~ng~ 1. Recreation and public access facilities, · ncluding slgns, trails, stairs, observation/fishing platforms, restrooms and parking lots, whether original or constructed by COD as part of the Rydropower Pro]ect~ 2. Any signs or public ~nformat~on facilities constructed for the Corps' beneflt~ 3. The normal maintenance of the ex~stlng Outlet Works Structure and Conduit, St~ll~ng Basin and D~scharge Channel~ 2. Nothing ~n th~s agreement w~ll preclude COD or the Corps from contracting with each other to perform specific maintenance activities, regardless of which agency ~s ultimately responsible for the cost. ARTICLE VIII - OTg~ PROVISION Nothing ~n th~s Operating Agreement shall be deemed as a waiver of any requirement or obligation set forth in the Order Issuing L~cense issued March 20, 1985 by the Federal Energy Regulatory CommiSsion, or any amendments to the l~cense. UNITED STATES CITY OF DENTON DEPARTMENT OF THE ARMY /~.///~/ BY: B Robert C. Lee Lloyd Harrell Brigadier General, U.S.A. C~t¥ Manager DiVision Engineer C~ty of Denton, Texas Attachment: Regular ~ng Plan 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 wmth Artmcle 34 of the Federal Energy Regulatory Commission (FERC) license for the Ray Roberts Hydroelectric Pro]ect No. 3939 mssued March 20, 1985, and extended on Apr,1 24, 1986. The plan ~s dlvlded lnto two sect~ons:Sectlon I describes design modes during operation of the Ray Roberts Hydroelectric Pro3ect, and Sect,on II describes reservoir flow diversion and regulatmon requirements for operation of Ray Roberts Lake during constructmon of the Hydroelectric Project. I. REGULATING PLAN DURING OPERATIONS The Ray Roberts Hydroelectrmc Pro]ect operated and maintained by COD must be responsive to f~ve scenarios: releases below minimum turbmne 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 ruth,ne and the Corps low flow release p~pe 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 Opened to COD Regulating Valve Req'd Flow 2. Transition from normal releases to releases below mznimum turbine flow. COD will mnform the Corps that COD will be shutting down the turbmne imminently. The COD will, at that tzme, open the 48 mnch valve to the desired flowrate as ~nstructed by the Corps. COD will shut the turbine down using normal shutdown procedures. Once the turbmne wicket gates are closed, the 60 inch COD valve wall be closed by COD. COD will notmfy the Corps that the shutdown ms complete. RAY ROBERTS REGULATING PLAN PAGE 2 3. Transition from releases below mln~mum turbine flow to normal releases. Turbine w~cket gates have remained ~n the closed pos~tlon. COD w~ll open fill valve and fill penstock ,f needed. COD w~ll open 60 ~nch COD valve full open. COD will proceed to normal turblne-generator start-up procedures, opening w~cket gates to desired release flow-rate. COD w~ll ~nform the Corps that the turbine ls passing the desired flowrate. The COD will regulate the 48 ~nch low flow valve as ~nstructed by the Corps. C. Normal Releases (39-525 cfs) 1. O~erat~on ~n 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 Closed COD Regulating Valve 2. Operation in the 161-525 cfs range. COMPONENT POSITION RESPONSIBILITY Low Flow Gates Open Corps Flood Gates Closed Corps 60" COD Valve Pully Open COD T-G Wicket Gates Open to Req'd COD Flow 48" Low Flow Open to Req'd COD Regulating Valve Flow 3. The transitions to and from normal releases from the low flow extremes are discussed ~n Section B. 4. The transitions to and from normal releases from flood releases below 1,000 cfs are discussed ~n Section D. RAY ROBERTS REGULATING PLAN PAGE 3 D. Flood Releases (525-1,000 cfs) 1. Operation in the 525-1000 cfs range. 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 Open to Req'd COD Regulating Valve Flow 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 COD will regulate the 48 inch flow valve as instructed by the Corps. The 60 ~nch 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 Open Full Corps - Regulating Valve 2. Transition from flood releases below 1,000 cfs to flood releases above 1,000 cfs. The Corps will inform COD of their ~ntentlon 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. RAY ROBERTS REGULATING PLAN PAGE 4 3. Transition from flood releases above 1,000 cfs to flood releases below 1,000 cfs. The Corps will inform COD that they are releasinq below 1,000 cfs. COD will crack their 60 inch valve to fill the penstock. COD will proceed to normal turbine-generator start-up procedures, openinq the COD 60 inch valve. Emergency Shutdown 1. Emergency shutdown procedure. COD will notify the Corps that COD have experienced an emergency shutdown. COD will close the 60 inch COD valve. The COD will open the 48 inch low flow regulating valve as · nstructed by the Corps. 2. The transition from the emergency shutdown to normal operations will be as detailed in B. 3 above. II. REGULATING PLAN DURING CONSTRUCTION Ac GENERAL Construction of the Ray Roberts Hydroelectric Project is proposed to begin in July or August of 1990, and take approximately 10 months to complete. The new valves will be installed in the valve vaults and the new 60 inch penstock tie-in will be made during the ninth month. B, Construction Release Program Before Penstock Tie-in During about the first 8 months of construction, lake releases will continue to be made through the existing outlet works. During Penstock Tie-in The COD will inform the Corps of their intent to install the new valves and make the penstock tie-in. The Corps will close their low flow outlet gates. RAY ROBERTS REGULATING PLAN PAGE 5 Valve installation and penstock tie-in will take approximately two weeks. Required releases will be made through the 13 foot diameter flood conduit regulated by the flood gates. After the Penstock Tie-in and Before Start-up The COD w~ll ~nform the Corps that the new valves are · nstalled. The Corps will take appropriate action to make flow releases through the ex,sting outlet works. Turbine Start-up The actions that w~ll be taken during the trans,tion from construction releases to turbine start-up w~ll be the same as detailed in Article B.3 of Section I. ~DRO 091389 NOTE: THIS RESOLUTION WAS AMENDED BY R91-054 RESOLOTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR A TRAFFIC MANAGEMENT GRANT; AND PROVIDING 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 traffic management project proposed 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 management projects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Council authorizes the submission of applications to the State Department of Highways and Public Trans- portation for a traffic management grant and, if the application is selected for funding, the City Manager of the city of Denton is hereby authorized and empowered to execute an the name of the City of Denton all necessary applications, contracts, and agreements to implement and carry out the purposes specified in this resolution ~. That this resolution shall become effective im- mediately upon its passage and approv.~. i d 1990 PASSED AND APPROVED this the ~ ay of~, BOB CASTLEBERRY, MAYO~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY traff~ res AGREEMENT Article 1. Contract Period This contract becomes effective on the date on which the final signature Is added, the final signature being that of the party whose mgmng makes the contract fully exe- cuted by all parties hereto. The contract shall terminate on July 31, 1992, unless terminated or modified as hereinafter provided Article 2. Contract Amount The maximum amount pay·bio to the Local Gover-ment under this contract shall not exceed $ 13, oo6.69 . This -mount constitutes not more than 75% of ' f the total project cost o $ 17,342.25 . The amount may be increased only if the State approves a request for additional funding submitted by the Local Government, if additional funds are ·vail·bio Any such increase must be authorized in a written amendment to this contract Article 3. Project Description The Local Governmen.t eh. al! co. nu?e.n.c.e, and complete a project prowding for ~mproved traffic management vnthin ltsjumsdiction generally located m/on Carroll Blvd/ US 380 for adding r~ght turn lane, The project is fully described in the grant application, attached hereto and labeled Exhibit ~. The Local Government shall not perform any activity under this contract except as[described in said Exhibit 1. Additional activity under this contract must be authorized in a written amendment signed by the parties hereto in which the mo&- fications br additions to the project are fully described The Local Government agrees to deliver the follomng products to the State m accord- anco with the application: · A"Before" field evaluation report · Quarterly progress reports . · Doc,-~entatlen of the implementation of traffic management Improvements · An "After" field evaluation report Failure to deliver the products as specified in the application may result in termination of this afFeement as provided hereinafter. Article 4' Compensation All paYments made hereunder will be made in accordance with the App~ved Project Budget iacluded in Exhibit 1. To be eligible for reimbursement under th~s contract, a cost must be incurred within the contract period specified in Article 1 above and be authorized in the Approved Project Budget included in E~hlbit 1. Payment of costs incurred under this contract is further governed by the cost principles outlined in 48 CFR 1-31, (Federal Acquisition Regnlat~ons). The Local Government agrees to submit monthly requests for reimbursement, using billing statements acceptable to the State. The original billing statement and one copy is t~ be submitted to the State's District Office, at the address specified on the signature page of this agreement. Page 2 of 8 Contract Number 581TPIF6083 TRAFFIC MANAGEMENT PROGRAM 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 State Department of Highways and Public Transportatton, hereinafter called the State and the c~ty of Denton ~ acting by and through ,ts duly authorized officers, heretnafter called the Local Government WITNESSETH VfI-IEREAS, Article 4418(56), Texas Civil Statutes, declares that the Office of the Governor may demgnate State agencies to supervise, manage or achninistsr the imple- mentatton of a grant program financed under the Oil Overcharge Restitutionary Act (Art. 4413(56)), and, WHEREAS, pursuant to Article 4413(56), the State Department of Highways and Public Transportation submitted a proposed grant program, hereinafter called the Traffic Management program, or TM, designed to increase energy efficiency in the movement of traffic, and the Office of the Governor did approve the proposed progrn_m, and signified its approval by contract executed between the State Department of Htghways and Pubhc Transportation and the Office of the Governor dated March 14, 1990; and, WHEREAS, the Local Government submitted a grant application to the State describ- ing a plan to Improve traffic management in accordance with the State's instructions, and the grant application was approved by the State, and the project described therein was 8elected for financial assistance; and, WHEREAS, it is the desire of the Local Government to enter into this grant agreement for financial assistance for the project described in the grant application in order to increase energy efficiency in the movement of traffic. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do mutually agree as follows. Page 1 of 8 Article 8. Records The LocaliOovernment agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such matenais available at its office dunng the contract period and for three yicars from the date. ofthe final performa.nce report under the contract Such materzaislshall be made available dunng the speafied period for inspection by the State for the purpose of making audits, examinations, excerpts, and transcriptions Article 9. Reporting The Local Government shall promptly advise the State in writing of events which have a significant impact upon the contract, including: · Problems, delays, or adverse conditions which will matertally affect the ability to attain program objectives, prevent the meeting of time schedules or objectives, or pre- clude the attainment of project work umts by established time periods Thts dxsclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation * Favorable developments or events that enable meeting time schedules and objec- tives soon~er 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 services rendered by mchviduals 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 relieve the Local Government Grits responmbihty under this contract. Any subcontract for construction will be awarded to the lowest and best bidder on the proposed project. Article 1~. 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, spectfymg the date of termination. The State shall compensate the Local Government for those eligible costs ~ncurred during tile contract period up through the time of termination. The Local Government shall not incur now obligations for the terminated portion after the effective date of termination. Page 4 of 8 Article 4. Compensation (cont.) The State will exercise due dlhgence to make payments w~th~n thirty days of receipt of properly prepared and documented requests for reimbursement. All payments, however, are contingent upon the ava~labihty of appropriated funds Payments vnll be made m accordance w:th the approved project budget included m Attachment D of the apphcat~on Each budget line Item expenditure will be momtored, 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 :n advance · there is a corresponding decrease in another hne item. Any proposed change ~n a budget hne item 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 ~s made. Article 5. Contract Amendments The Local Government may request additional funds for additional tasks to be performed under this contract, and ~fthe request is justified by the Local Government and the State deterrmnes that the request ~s beneficial to the State and the Local Government and to the purpose of the grant, a written amendment is to be executed to authorize additional tasks and additional funds, ifaddifional funds are available. The amendment shall be agreed upon by the State and Local Government. Any such amendment skall be made before the ternunation of the contract as specified ~n Article 1 The Local Government can undertake at ~ts own expense any activities assoc:ated with the approved project, but those additional actiwt~es 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 inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which ~t is being performed. If any inspection or evaluation is made on the prenuses of the Local Govermnent or subcontractor, the Local Government shall provide and require his subcontractor to prowds all reasonable facilities and assistance for the safety and c°nvenience of the inspectors in the performance of their duties AIl inspoctions and evaluations shall be performed ~n such a manner as will not unduly delay the work. Article 7. Diaputes 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. Disputes concerning performance or payment shall be subm/tted to the State for settlement with the Engineer-Director of the State Department of Highways and Public Transportataon acting az referee Th~s agreement shall not be considered as specifying the exclusive remedy for any dispute or wolat~on or breach ofcontract terms, but all remedies existing at law and ~n eqmty may be availed of by e~ther party and shall be cumulative. Page3of8 Article 14. Successors and Assigns The State.and the Local Government each brads ~tself, ~ts successors, executors, asmgns and adm~mst~'ators to the other party to thts agreement and to the successors, exect~tors~ assigns a.nd administrators of such other party in respect to all covenants of thxs conjtr.act Ne?.her the State nor th, e Local Government shall ass~T~, sublet, or transfer xts interest ~n thts agreement w~thout the wrxtten consent of the other Article 15. Property Management The Local Government shall use its own property management system ~o control, protect, preserve, use, maintain, and dispose of any property furnished ~o tt by the State or p~ro..h, ased pursuant to this a~reement, provzded that the procedures are not xn confixc~ with the State's property management procedures or property manage- ment standards outlined in 49 CFR 18 (Section 18.32), ~Umform Admtnxstrat~ve Requirements for Grants and Cooperative Agreements to State and Local Governments." Article 16. Procurement Standards The Local Government shall maintain and follow procurement standards which meet or exceed the requirements of 49 CFR 18, ~Uniform Adm, mstra~ve Requirements for Grants and Cooperative Agreements to State and Local Governments ~ Article 17. Debarment/Suspension The Loca]~Government Is prohlhited from making any award or pernutt~ng any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineli~ble for participation in federal asms~_~ace program~ under Executive Order 12549, Debarment and Suspension. The Local Government shall reqmre any party to a subcontract or purchase order awarded under th~s contract to certify Its eh~bfl~ty to receive federal grant funds, and, when requested By the State, to furnish a copy of the certification. Article 15. Insurance When directed by the State, the Local Government shall reqmre ~ts subcontractors to secure insurance In the maximnm statutory limits for tort hab~hty, naming the State as an additional insured under its terms. When so chrected, the Local Government shall require its subcontractor to furnish proof of insurance on forms satisfactory to the State,iand shall mamtain the insurance during the contract period specified In Article 1. Article 19. Gratuities State H~hway and Public Transportation Comm~sslon policy mandates that employees of the Department shall not accept any benefits, ~ifts or favors from any person doing bumness With or who reasonably speaking may do business w~th the State under this contract. The only exceptions allowed are ordinary Business lunches and items that have recelved the advanced written approval of the State's En~neer-D~rector Any person dmng bumness with or who reasonably speaking may do bumness With the State under th~s contract may not make any offer of benefits, ~fts or favors to Depart- ment employees, except as mentioned hereahove Failure on the part of the Local Government to adhere to this policy may result ~n terrmnat~on of th~s contract Page 6 of 8 Article 12. Termination (cont.) · ForCause Nonperformance The State may terminate this contract at any time before the date of completnon if it determines that the Local Government has failed to comply with the conditions of the contract The State shall $uve written notice to the Local Government at least seven days prior to the effectnve date of terminat~on and specify the effective date of terml- nat~on and the reason for terrmnat~on The State shall compensate the Local Government for those elig/ble costs ~ncurred during the contract period which are d~rectly attributable to the completed portion of the project covered by th~s contract, provided that the work has been completed ~n a manner satisfactory to the State The Local Government shall not ~ncur new obhga- t~ons for the terminated portnon after the effective date of termination · For Convenience If both parties to this contract agree that the cont~nuat/on of the contract in whole or in par: would not produce beneficial results commensurate with the further expenditure of funas, the parties shall agree upon the termination conditions, including the effective date and the port, on to be terminated · Ownership of Documents Upon termination of this contract, whether for cause or for convenience, all finished or unfinished documents, data, studies, surveys, reports, maps, drawing, models, photo- graphs, etc prepared by the Local Government shall at the optaon of the State become the property of the State · Excepted Condittons Except with respect to defaults of subcontractors, the Local Government shall not be In default by reason of any failure In performance of th~s con~ract in accordance w~th its terms (lnctuchng any failure by the Local Government to progress In the performance of the work) if such failure arxses out of causes beyond the control and without the default or neghgence of the Local Government Such causes may xnclude but are not hm~ted to acts of nature or of the public enemy, acts of the gover-ment in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, str~kes, 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 with all federal, state, and local laws, statutes, ordinances, rules and r%~ulat, ons, and the orders and decrees of any courts or admm- lstrative boches or tribunals In any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and mammum salary and wage statutes and regulations and hcensing laws and regulations. When required, the Local Government shall furmsh the State v, uth satisfactory proofofits compliance therewith Page 5 of 8 IN WITNE~ WHEREOF, THE PARTIES HAVE EXEC?~ED DUPLICATE COU~RPART~ TO EFFECTUATE T~-q AGREE~dZ/IqT. LOCAL OOVERNtdW. NT: STATE OF TEXAS The City of ~en~cn Certified u being executed for the flor C~rroll Blvd. ~st:mm purpo~ and effect of activating and/or Under authority of re~olution or ordl- carrying out the ordere, established nance~ //.~/--;numiM~r RgO-OS 1, . polfcie~ or work programs heretofore Highway and Public Transportation By C~m,~(mdon under authority of Minute Title ¢i~v Ma.a.er / Order~ ~~ ~ Date , February 4, 1991 By~ A~%: ' Cit~c~tary Date FeBruary 4. lggl Date~ For the purpose of this agr_ee.ment, the following, address shall be used to mazl all required nS-tices, reports, claim% and corresponaence: For the Local Gover~,nent: For the State (Distrtct Office): C~¥ ~f Denton Mr. Jamms M. Hurdman 215 ~? M~Kinnm¥ S~. P.O. ~ox 30~7 Den~og~ Texa~ 76201 , Dall&~ Texas 75221-3067 Articio 20. Indemnifloation agento or emnlovee& The ~-~,,',- ~au ~_cr~_. or onusmons o.f t~e MI Oovernment, ; ...... ~,; .; --,~, ~,~vernment also arree8 co nv&harmlan the · . v,. ,my ann a. expenses, incluchn*-- .... · .... ., - . . - fee, incurred by the State in lftt,~*~,, ^- ~,~---,- ---, ..... ards for dam as a result of any activf*~-- ~r ,I._~-_-__":',~'_ v,,,g~waM .rem~ung SUCh ~tefma oF liabilities . -.. v.....~m~ ~overnment, Its afents or omployeee. ~taUrth?r, the Local Government agrees to protect, indemnify, and nv- '---' ts from and against all clai.~, d .... =---=--- .-;f. _ ---..~-.m~ ~uu causes otactaon ofevery kind and character brou. ght by any employee ofthe Local Government nat persona] injuries and/or dee+k + .... . ___, .... ~ .the S.Mts due to . -- ~, .u~a mp~oyee re~ulung from an nile act, by either comrmsaion or omi,,-~,,- A..u ..... . ..... Y ged negligent , ~-,,- ~ par~ ozme L~cal ~overnmant or the State. Artfc]e 21. Sign&tory Wa~rant~ The und. ersfgned aifnaMry for the Local Gove~,~_ent hereby represents and warrants that he ~s an official of the o.r~ .~. tfen for which he has executed ~e has full and complete authom~v to 0~,.. ~.,~ ,~ ...... ~tl~.. ~nCrac~ and that ~overnment. -- ---- ,,,~, ,~, concrac~ on oanauofthe Local This space left blank s) General Information. (contd) d Do you anticipate significant chenge~ in traffic volumes in the project area as a result of new develDDment, rom:~ improvements, ere, within the nex~three years? Yes No y Expllin' Increased traff~ ~ ~nt~at~ hut ~t ~ ~ ~,,~ ~f ~=~ dave lo,men t. · Explain how the traffic management improvement needs for this prolect area were determined and t~e type and features of the construction you propose for the project Attach ex~ra page if needed f List specific local agency staff that would be assigned to this project See a~tached na~ ~; ~ g Supply any additional information that would be useful for the review of this application Also, you may use this space to ex.nd any of your answen to the previous questions Attach extra page If needed. trayeled arterzals zn Denton The area zs also the heart of a very a~t~Vfi business d~strlct ~lth major shop~)zng centers, eatarxes~ auto zone, Cxnemas, and other kznds of buszneases. h Indicate course date preference, number of people that would attend end whether they are local staff end/or consultant, Traffic Management Evaluation Tochnlclues x February 2~-28. 1991 2 # of people ( ~ local staff consultant) , Morch S-7. 1~1 d~ of people ( local staff consultant) 6) Applicant Certification. To the best of my knowledge and belief, information in this application is true and correct, the document has been duly authorized by the governing body of the applicant, and the applicant will comply with the attached assurlncas if the application is approved Any grant money received will supplement and not supplant any existing local funding presently dedicated to signal timing effom Typed or Print~cl Name and Title Date Sepr~ember ZO~ 1~0 I State Department of Highwa-- a - - ·" ~ Traffic Man..._ra_~_n.a.PuDl~ ransportation -M-,-~.; Program Grant A li tion 1) Legal Ap~li~nt a Applicant Name~iTy O~ DENT~N 2) Vendor Ident~i~on Num~: b Orgamzes~onal Unit ~ ~ ~ 7560005~a6000 c Street/PO Boxy25 ; Ncg~nneg S~ CI~ Denton · County Denton 3) Proje~E~gm~r State~Texa~ ~g Z~p 76202 (Name &Teleahone) h P°Pulat;°n(lga6CensusgureauEstlmate) 63,000 Davzd Salmon, p.; ~ Pro)e~ Grant Manager (Name & Telephone) 8~ 7-566-8358 huk~ ~7-566-8358 4) Proposed Funding a State o~l Overcharge Funds A~chmln~ {must h c~aeff b Local $~ ~ ~a~t~) I~ subm~ a S~n~ard Assuranc~ c SDHPT (if roadways are main- $~ b Proje~ Area Maps tain~ and Operated by SDHP~ $~ c D~lation of Prole~ d Other (Specify) S~ - d BUdget · To~l ~ e Proje~ Task R~aons~bill~ f Deba~ent Cenlfl~tton s) General Information a Are any of the project roadways Operated or maintained both If yes, describe Y er agencies7 Yes__.. No~ b Do you have plans for major capital improvements to upgrade your proposed projec~ roadways? Yes---.-. NO ._~L_' If yes, do you have a schedule, budget proposal or funds already committed? Explain Yes--._.. NO c. Have significant changes m traffic volumes in the pro/ec~ area occurred as a resu/t of new development, road improvements, eec, since improvemenu were last made? yes..___ Explain No X (over) 10 It Will ~nsu,re that the facditms ,u, nder its ownership, lease, or su er shall be utilized in the accomplishment of the ,,r^,,,.* ~ ..... Vlr~onmental Protection Agency s (EPA) list of violating faclhtles and t _n~.tl~f~ t_h_e, g_ra..n, tor agency of the receipt hat it will u,~ne EPA Office ofFederal ActlVl _ of any communication from the Director ,,es ~nd,catmg that a fac~hty to be used in the project ,s under cons,dare,mn for hstmg by ,he,PA 11 It wdl comply wKh the flood insurance purchase requirements of S °n~h.e_~_°.°f?,~s~.er.Protection Act of lg73, PL 93 234 7 <,.. a.'-ec~t~°.,n..,1,0,J.(a) Ion 102(a) requires, on and after Mar h ch~'~e of flood Insurance ,n communit,es where such msuranc~C,, a2~la~ietha~ dltJon for the receipt of any federal financial assistance for construction or ac uts - t,o~l purposes for use ,n any area that has been dent~fmd b the De ar, men, of Hous~n a Y Secretary of h . nd Urban Development as an area having spec Iood guaranty, insurance payment, ,rebate, subs,dy, d~saster ass~stanc any other form of direct or lad,rec, federal assistance e loan or grant, or 12 It ~dl assist the grantor agency in its comphance w:th Section 106 of the Nat,onal H,stonc Preserve,mn Act of 1966 es amended (16 USC 470), Execut,ve ,an~l.l ,.he Archeoloa,cal and Histo.~- a ....... .= ............ Order 11593, Y till) cons?ting with the State.Historic Preserve,mn 0 ~**,r tn .*,..,..,.... ok1.. e~ seq ) ~;,.,~,~,],-.~.u..,~ ~.eLg~s?r, oz* Hlsto.rlc ~'!.a. ces th.at are subject to adverse eff~[:t~'~' a~ ~rn o~a~,O) Dy ~ne ac~lVl~ ( ~+=.,..... ....... ~ ...._Y,?,na not,,.ty, n.,g. the fe~. eral grantor a en of the exlo~.,,,.= .~. a.l au~n roper~les, ana D D CO g cy SUC~ properties. = -~ v,u~,...~9=te aaverse eTreczs upon 13 Itw'~lc°mplywthTexasCivilitatutes, Art,$996a, bymsurm ,hath empiloyee, or member of the a hca ' _ g o office,r_, cont...~ .,._,, ....... .Pp nt. s govern,.ng body or of the a hcant ~, us.L afldll VUTE or cOnTirm Ti1 PP s second ,,.,-,~- -.~ -~, .......... e, e. mploy,ment of any erson related w~th~n th nov-.,.,,,,, k.~ ........ Y -~ .a.,egree oy co. nsangwmty to any memb th~ = .~ ...... ,~ ~waxuetgen o[neroTT _ erof_.._ s ,c. er or employee authorized to em I uperv,se such person, ~'~i p oy or "e--'-- .--~.- -~.-,, ~-.- ~ s prohibitmn ,shall n.ot prohibit the emplo men, of a ,- ,~.., ..,,v a,,a. nave oeerl contlnuousl e Y pnoC to the election or a.~-ointm--- -. ~.Y.._m_ pJoyed for .a period of two years ...... ,-,- =,.,~ u~ ~r,e p.,cer, employee, or governing body member re area to SUCh person ,n the prohd)~ted degree t w, fi insure that all information collected, assembled, or ma,ntamed by the applicant relative to this project, shall be available to the ubhcdurm _b.u~s~_n_e.~_ hours in c. ompllance w,th Texas Ovll Statutes. Artp. 6=~=., ~- g,,~n~o~r..mal umervvme express, y provided by law. ' ..... "' ..... Itw'llcomplyw~thTexesCivilStatutes, Art. 6252.17, which re wresallre, u spec, i, or called mae,in s of ova q lar. g g rnmental bodms to be open to the as ot v,se prov,d.d p.rm,..d ,n th. exas =o st,tu i ?t Applicant CT'fY Or D]~?O~ Attachment A Local Governments' Standard Assurances The Local Government hereby assures and certifies that it reg.u/atlons, policies, u dehnes ._ will ?..re_pi with the 49 CFR 18, as they rel~e to th- ;:,,a~n~.r.e..q_u_~re_ _m_e_n~, ,,cludin. g (~M.B ~rcular A-87 and ~ -~,~-~auun, acco tance, one use ot state fu.nds for this project. Also, the Local Government auures an~c~ert~fles to the grant that. 1 It possesses lega authority to apply for the grant; that a resolution, motion, or, similar actlonhas been duly adopted or passed as an officio act of the applicant s governing body, authorizing the fihng of the ap licatlon, Includln all under. stand~n:gs and assurances contained therein, an~hrectln and au[[orlzmg the with the application and to provide such additional Information as may be 2. It will comply with Title VI of the Cwll Rights Act of 1964 (PL 88-352) and m accordance with Title VI of that ro Act, no person m the United ~._.u_n~ds~ of ra.c.e, color: or national orloln be excl -,~ ,,^- _S.t_a,t.e.?.h.all, on ,the ud~,w ~/vm laOrtl~;Ip~[lOfl in, De ue~He[;I oeneTits OT, or De otherwise subJeCted to dlKrlmln or act~.vlty for whKh the annhca-* -,. ....... ~_~,___, .. a.tlon under any program r,- .,- ,~vea mueral rlrtanclal assistance and wdF ~mmeolately take any measures necessary to effectuate this agreement. 3. It will comply with ....... Title VI of t.he Civil Rights Act of 1964 (42 USC 2000d) prohibiting cmp~oymen[ Olscrlmlnatlon wnere (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in un ual treatment of persons who are or should k,, k,....~ . .eq. activity itmg from the S ""~'"~' Irant-alaea 4 I.t Wll! comply .w_~th requirements of the provismns of the Uniform Relocation Assistance and ~eal Property Acquisitions Act of 1970 (PL 91-646) which rovldes for fair and equitable treatment of persons displaced as a result of ~ata or ~e~eral and state or federally assisted programs. 5 It will comply with the provisions of the Hatch Act which limit the political activity of employees. 6 It wdl comply with the minimum wage and maximum hours prowsions of the Federal Fa Jr labor Standards Act, as they apply to hospital and educational restitution employees of State and local governments. 7. It will establish safeguards to prohlbR employees from usm their Positions for a purpose that is or gives the appearance of being m. otivatadgb a desire for private gain for themselves or others, particularly those with whom t~ busl ey have famdy, ness, or other t~es. 8 It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant 9. It will comply with all requirements imposed by the sponsoring a en~ concerning speaal requirements of law, program requirements, and other a~emllnlstratwe requirements Psge 5 · U.S. 38D @ CARROLL BOULEVARD TURN LANE The southbound approach of the xntersection of Carroll Boulevard and U.S. 380 carries a s~gn~fxcant rxght turn movement. Currently, th~s movement shares a lane w~th the southbound thru traffxc on Carroll Boulevard. Thxs creates excsssxve delay especially at peak t~mes for traffic on the shred lane at the ~ntersection. Another th~ng xs ~t extends the signal cycle length to xts lxm~t at peak tx~es, therebyt zncreaslng total ~ntersect~on delay. Th~s pro3ect w%ll construct a separate r~ght turn lane on the southbound approach of the intersect~on of U.S. 380 and Carroll Boulevard. The r~ght turn bay will be about 150 feet long and 12 feet wxde. Th~s would eliminate the shared lane s~tuatxon and lessen total ~ntersect~on delay and ~mprove overall signal efficiency at the intersection. 0917E page 5 f CA~ROLL BOULEVARD @ U.S. 380 TURNLANE Projects! Local Agency Staff Name Position David Salmon~ P.E. c~vil Engineer Ronnie ~orsythe Eng Tech Superv~sor/Deszgn Mark King Tech II/Design Favian Perez Tech I/Design Mickey Nance Tech II/Survey Bill Turtle Tech I/Survey Larry Ferguseon Tech I/Survey Roger Wilkinson Eng Tech Supervisor/R.O.W. Joy Green Registered Surveyor Jerry Clark~ P.E. Director of Engineering & Transportation Roger McDa~Lel Eng Tech SupervLsor Construction Inspection Bill Sangster Eng Tech II Construction Inspection Danny Beckham Eng Tech II Construction Inspection 0917E Applicant CITY OF DENTON Attachment B Project Area Maps Attach two 8-1/2 x 11 maps as described below A A map showing the Iocatmn of each proposed TM project w:th,n your jurisdiction B A map showing the system with the following reformat,on 1 Average Dally Traffic 2 Orculatmn Pattern (Ident:fy One-Way Streets) 3 A Scale or Identif~catmn of D~stances Applicant CITY OF DENTON Attachment C Description of Project 1 Briefly describe the proposed work: lane 150 foot bay length and 12 foot wzde 2 Roadwaylnformatlon: 6-lane d~v:ded Classification Przmarv Arterial Cross-Section Design Speed ~5 mph Poged Speed ~o mob ADT ZO, ooo Grade (%) ~ Roadway volume to capaoty ratio Roadway level.of.service (as defined by the 1985 H~ghway Capac:ty Manual) c. Date and descnptmn of last improvements: 3. Innovative technology includes non-tradmonal projects extendmg beyond signal re- timmg, geometries, etc H~gh technology involves extensive use of advanced/auto- mated capabihtms and systems. Does the proposed protect involve hlgh/Innovatwe technology7 If yes, explain: N/^ 4 For signal retlming projects, please provide the following additional informatJon: ~/a System name: No. of Intersectmns System Configuration: Grid Arterial System Coordinatmn: Hardware Time-Based Last date timing plans rewsed for the entire system: 5. Apprommately how much t~me will be needed to develop plans, speclficatmns and estimates and to let a contract for the proposed work7 ~ ~. ~ 6 Apprommately how many working days will be needed to complete the proposed work? *5-60 days Applicant Attachment D Traffic Management (TM) Program Budget Form Apphcant FlnanclalContact Paul [wucbukwu Phone. 817-566-8358 Personal 5erwces Salaries and Wages for personnel mvolv~ ~n the planning, development and ~mplementat~on of the pro~sed proje: Pos~t~on Sala~ Rate Number of Hours ~ Local Match* Contingency (PS&E and Inflation) 2,463 94 821 31 Total Personal Services 2,463 94 821 3[ Note Indtrect costsare not eligible for reimbursement. Operatln(~ ExPenses Oil Overcharqe ,Local Match* Funds Travel (Specify Rates) 6~7 O0 229 O0 Other' Other Total Operating Expenses 6~7. ~n 229,90 Construct~0n Cost Esttmate (Use additional page(s) if necessary ) (List Cost and quant,ty of items of work to be included in the proposed project, I.e., signals, signs, pavement ,tams, and any other bid Items needed to a¢¢omphsh the work ) Oil Overcharqe ,Local Match* Funds Contractor Items (Mater~al & Labor) 9,855 75 3,285 25 Total Est~matedProjectCost 9,855 75 3,285 25 * Designate if local match ~s from the C~ty or the SDHPT Attachment D (page 2) Subcontracts Oil ¢ ~ Local Match* Consultant Services ** Grant Total ~3,006 69 4,33§ 56 ~ 4,335 56 (Indicate % of total project costs) ( 25 %) Indicate SDHPT % of Local Match ( -o- %) TOTAL PROJECT COST $17,342 25 * Designate if local match is from the Oty of the SDHPT. ** Attach detailed cost estimate. BID NO. PO NO. BOULEVARD @ U.S. 380 TURN LANE PROJECT COST ESTIMATE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Remove Concrete Curb/Guttler 202.001 LF $ 5.00 $ lr010 00 Remov~ Conorete Inlet 1.001 EA $ 800.00 $ 800 00 Unclassified Excavation 95.001 CY $ 5.00 $ 475.00 10" Inlet 1.001 EA $ 2r400.00 I $ 2~400.00 18" RCP (Class III) 10.001 LF $ 50.00 $ 500 00 Inlet Frame & Cover 1.00 EA $ 300.00 $ 300.00 Integral Curb 197.00 LF $ 4.00 S 788.00 8" Pavement 193.001 SY S 24.00 $ 4~632.00 Adjust Water Valve 1.001 EA $ 100.00 S 100.00 Concrete Saw Cut 206.00{ LF $ 200.00 $ 412.00 Cement 5tabll~zedSub~radel 252.001 SY $ 2.00 $ 504 00 Cement 4.00 TN $ 80.00 $ 320.00 contractor Warranties LS $ 200.00 $ 200.00 Barrxcades LS S 600.00 $ 600,00 I E~dromulch 50.00 SY $ 1.00 $ 50.00 Seeding 50.001 SY S 1.00 $ 50.00 TOTAL $ , $13~141.00 25% Cont~n~enc~ & S S 3~285.25 Inflation $ TOTAL S [ $16r426.25 $ S ~ $ S i $ S 0917E TRAVEL Travel - (2 x 250 miles @ $.25) x 2 - $ 250.00 Lodging - (Hotel 3 nZgh~s @ $75) x 2 450.00 Meals - (9 meals @ $10) x 2 180.00 Telephone - (3 days @ S6) x 2 - 36.00 Total $ 916.00 3111s/6 PROJECT COST ESTIMATE PROJECT: U,S* 380 @ CARROLL BOULEVARD TU~ LANE COST SUMMARY Contractor Items (Material & Labor) $13,141.00 Contingency (PS & E and Inflation) - 25% 3r285.25 Project Cost $16,426.25 Travel Expenses 916.00 Total ProJeot Coat ~ Note See bid detail by Larry Manning Inc., contractor, 821 Klngs Row, Denton, Texas 76201 3111s/15 Applicant CITY OF DE.TO. Attachment E Project Task Responsibility (Please check appropriate agency; if joint respons~btllty, enter percentage for each ) Task Local Staff* ~ Contractor · Project planning · Attend 'Traffic Management Evaluation Technique' training workshop a Preparation of plans, spacJflcations and estimates · Com. plate 'Before' field evaluation · Implementation or construction of project a Prepare quarterly progress repons · Prepare documentatJon of the implementation of traffic management improvements · Complete "After' field evaluation Enter 'SDHPT" if the task is the Department's responsibility. ,~)pJlMnt.... C~T¥ OF DENTON Attachment F Debarment Certification (Negotiated Contracts) (1) The LOCAL OOVEI~MENT eert2fle8 to the best oi~tte knowledge ~d bhef, ~d ~ p~nmpals: (a) ~ not p~n~y deb~d, ous~nd~, p~ for deb~ent, d~l~ meli~ble or volun~ly ezclud~ F~m ~ve~ ~M~o~ by uy f~e~l dopant or a~en~; (b) ~ave not ~in a ~e-ye~ ~M p~ng ~l p~l ~n ~nvi~d o~or had a m~l jud~ent ~nde~ ~m ~m For ~on of f~ud or offenM in ~nn~on wi~ obmiMng, a~p~ng ~ ~n. or ~ffo~ng a public° u~me~on or ~n~et under a public ~on; viola~on ~,t mm~ or ~mf~on of~men~ ~ ~org~. or aeS~e~on of m~, ~ng fain .m~nm, or ~zving stolen (c) ~ not p~Mnfly in~ for or o~e~M ~m~nally or eivtlly eh~ by pa~ph (lRb) of ~a ~flm~on; ~d (d) Have not ~in · ~*ye~ ~M p~nf ~s app~fio~p~ had one or more ~ublic ~e~ons* m~na~ for ~m or ~aul~ (2) ~e~ ~e LOC~ ~~ is unable m ~ m any of~e smmmenU in c~flu~on. *federal, state or 1o~1 ! September 26, 1990 Dttd ~H~ 4 A RESOLUTION AUTHORIZING THE CITY M3tNAGER TO SUBMIT APPLICATIONS TO THE S~ATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPO.~TATION FOR A TRAFFIC MANAGEMENT GRANT/ AND PROVIDING AN EFFECTIVE DATE WHEREA~, the Cl=y of Denton recognizes that 1= is in the interest of the national economy to promote the conservatlon of energy resources and to reduce our ~&tlon's dependence on costly foreign o11; and WHEREAS, the traffic management pro]eot proposed 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 management projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Council authorizes the submission of applications to the State Department of Highways and Public Trans- portation for a traffic management 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. ~u~. That this resolution shall become effective im- mediately upon its passage and approvp~. PASSED AND APPROVED this the ~.~ day~ of.~~, 19e0. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: D£BRA ,A. DRAYOVITCH, CITY ATTORNEY Instructions For Preparing Financial Status Report 3 Indicate the method of accounting for the grant funds 4 Insert the 14 digit Vendor Identification Number on file with the Comptroller 5. Indicate if this is the final report 6. Insert name and address of the recipient 7 Show the beginning and ending dates of the perIod for whIch the clmm is submRted. 8 Insert the required cost information for each budget category, each column must be completed 9 Complete the certification; signature must be original, show typed or printed name and title in block below. Th~s report must be signed by the person duly authorized to sign for the organization. Contract Number 581TMF6083 Financial Status Report Form 269a Shire Agency Organizational Element To Which Report Is Submit~l State Department of HIghwal~ and Public Transportation Grant T~tle 3 Traffic Management Program · ca~ ~ Accrual Vendor Identification Numbe; 5 Final 1756005146000 ~ No ~ Y~ Recap,ant Orgamz~tlon 7 ~n~ Co~ by th~t ~ (Neme and Comple re ~dr~s, including ZIP cede) CITY OF DENTON 215 E MCKINNEY ST DENTON TX 76201 To (1~1) 3~285 25 O~atm~ Ex~n~ (T~av.l,.~c) (1 ~2) 916 O0 Con~ta~(124) 13,141 00 (Sum of Lines ~) 17,342 25 10 ~gn~tmeofAut~riz~Cem¥~ 11 D~teae~bm~ I ce~ to the bast of my obligations are for the pur~ ~t ~o~h m the award d~umenU Typ~ or ~mt NI~ a~ Title (See Reverse for Instructtons) Form 269a Adapted From Umform Grant and Contract Manatg.~ent Standards Instructions Please tYPe or print legibly. Items 1,3, 4, 7, 8, 9b. 9c, 9d, 9e, and 10 are self- explanatory, specific instructions for other items are as follows. Entry Ent~/ -- 2 Indicate whether request ls prepared oncash 9a Enter in "as of date" the month, day, and year of the ending of the accounting period or accrued eI(penditure basis, to which this amount applies Enter program outlays to date (net of refunds, rebates, and $ Enter the yendor identification number assigned bythe Comptroller. discounts), in the appropriate columns For requests prepared on a cash basis, outlays 6 Enter the ~onth, day. and year for the are the sum of actual cash disbursements for goods and services, the amount of indirect beginning&nd ending of the period covered expenses charged, the value of in-kind inthls request, contributions applied, and the amount of 9 The purple of the vertical columns (a), (b). payments made to subcontractors and and (c) is tO provide space for separate cost subreclplents For requests prepared on an breakdowJns when a project has been accrued expenditure basis, outlays are the sum of the actual cash disbursements, the planned a~d budgeted by program, func* sion, or activity If additional columns are amount of indirect expenses incurred, and the net increase (or decrease) in the amounts needed, ulie al many additional forms as needed and indicate page number in space owed by the recipient for goods and other property received and for service~ per* provtdediln upper right, however, the summarytotaisofallprograms, functl°ns,°r formed by employees, contractS, sub* grantees and other payees activities ~hould be shown in the 'total' column or~ the flrst page 9b Enter the amount of the local share and subtract it from the amount shown tn 9a This amount must be shown on each btlhng for participating costs incurred 9c If the SDHPT is participating in the project costs, enter the amount here 10 Complete the certification before submit- ting this request Contract Numoe 581TMF6083 Request for o, Reimbursement I Typtof Payment Requested I'1 Fi~l ~ 3 State S~nsormgAgen~ 4 Pa~lalPl~nt R~t .~tate Depa~ment of H~ghways and Public TransponaUon ~m~ Traffic Management Program 5 Vendor Identiflcatmn Num~; 6 ~ 7560005 ~ ~ 6000 From (~n~ ~y. ~r) TO (~. Name Num~rindStreet C~TY O? ~TO~ 8 Pa~re~kk~beNntifd~eNntfeoml~mT) 215 E MCKINNEY ST Name, Numar and Street C~ty Sta~e a~ ZiP C~e DENTON TX 76201 9 Computation of Amount of Relmbu~emen~ Requ~t~ ~r~ O~atl~ Su~r~ Co~u~t~ Total Exam (123) C~r~(IZ4) Pr~rimi/Fun~Jons/A~lvitles ~ se~c~ (~21) (122) aoutlaysT°talpr°gramtodate (Asofd~te) $ $ ~$ $ b L~al Share of amount on line a (128) c SDH~ ~MI · Odowtcha~ge ~ymentsprewously (Line d minus hne e) A~ copies et a~ual s~rM d~umen, (I,v~m. Ume ,hNu. itc ) to su~ MI ;o~ ainu,ed tO Ce~lfiMtio~ i ce~ to the bets of my knee,ge and Signature of Aut~tiz~ Ce~i~i~ ~lC~l Date behef the data above ate correa and that Subm~ the g;ant co~itlom or othe~ agreement Ty~ et P;int~ Name a~ Ti~ and that payment ~s due and has ~t ~en ptewously requ~t~ This s~ce for SDH~ DlstrIG Office ~ IceK ~ thi~ ~he a~ were revered, o~ g~s r~e~v~, a~ ~hi( t~y COr~ tn e~r~ ~mcu ar w th ~ contr~, 4~ Name Title Data (See Reverse for Instructions) ~dapt~d F,om St~nd~d ~o,mZ~O (1-~0) ~crl~ ~ ~e of M~m~ ~d B~g~ Cbc~ A I~A 110 AGREEMENT Article 1. Contract Period This contract becomes effective on the date on which the final signature Is added, the final signature being that of the party whose elLmmg makes the contract fully exe- cuted by all parties hereto The contract shall terminate on July 31, 1992, unless terminated or modified as hereinafter provided. Article 2. Contract Amount The maximum _~mount payable to the Local Government under th~s contract shall not exceed $ 41~303.42 . This-mount constitutes not more than 75% of 1' the tota projectcostof$ 55,071.22 The amount may be increased only if the State approves a request for additional funding ~13bmttted by the Loc.al O.overnm. ent* If additional funds are available Any such increase must be authorized in a written amendment to this contract Article 3. Project Description The Local Governmen.t Sh. al! co.~m, e,n. ce and complete a project providing for improved traffic management vflthm its jurisdiction generally located m/onEagle Drive for upgrading controllers and ~ns~a!l~ng closed loop system The project is fully described in the ~rant application, attached hereto and labeled Exhibit 1~. The Local Government shall not perform any activity under this contract except as described in said Exhibit 1. Additional activity under this contract must be authorized m a written amendment m~ned by the part, es hereto m which the modi- ficat~ons Or additions to the project are fully described The LocaI C~verr. ment a~rees to dehver ~e following products to the State in accord- ance with the application: A "Bafore" field evaluation report · Quarterly progress repofls · Documentation of the lmplamentatlon of traffic management ~mprovemente · An "After" field evaluation report. Failu. re t~ deliver the products as specified in the apphcatlon may result In tarnunaUon of this af~reement as provided herelnaf~er. Article 4; Compensation All payments made hereunder will be made in accordance with the Approved Project Budget included in Exhibit 1, To be eligible f. or reim.bur~e, ,meat under this contract, a cost mus~be recurred within the contract period specified ,n Article 1 above and be authorized in the Approved Project Budget included in Exhibit 1. PaymentJof costs incurred under this contract is further governed by the cost pnnciples outlined in 48 CFR 1-31, (Federal Acquisition Regulations). The Local Government a~'ees to submit monthly requests for reimbursement, using billing statements acceptable to the State. The original bflhng statement and one copy is to he submitted to the State's District Office, at the address specified on the signature page of this a~reement. Page 2 of 8 Contract NumBer 581TMF6084 TRAFFIC MANAGEMENT PROGRAM 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 State Department of Highways and Public Transportation, hereinafter called the State and the c~ty of Denton ~ acting by and through its duly authorized officers, hereinafter called the Local Government WITNESSETH WHEREAS, Article 4413(56), Texas Civil Statutes, declares that the Office of the Governor may des~t,mate State agencies to supervise, manage or adnunister the imple- mentation of a grant pro,ram financed under the Oil Overcharge Restitutionary Act (Art 4413(56)), and, WHEREAS, pursuant to Article 4413(56), the State Department of Highways and Pubhc Transportation submitted a proposed/rant pro,ram, hereinafter called the Traffic Management program, or TM, designed to Increase energy efficiency in the movement of traffic, and the Office of the Governor d/d approve the proposed pro,ram, and signified ~ts approval by contract executed between the State Department of Highways and Puhhc 'l~'ansportation and the Office of the Governor dated March 14, 1990; and, WHEREAS, the Local Gover-ment submitted a grant application to the State describ- ing a plan to improve traffic management in accordance with the State's instructions, and the grant application was approved by the State, and the project described therein was selected for financial aseist_~-ce, and, WHEREAS, it is the desire of the Local Gover-,-ent to enter into this grant agreement for financial assistance for the project described in the grant application in order to Increase energy efficiency in the movement of traffic. NOW, THEREFORE, m consideration of the premises and of the mutual covenants and agreements of the part~es hereto, the State and the Local Government do mutually agree as follows Page 1 of 8 Article 8. Records The Local Government agrees to mmntain all books, documents, papers, accounting records, a~d other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for three ),ears from the date of the final performance report unde.r the contract Such materials ~hall be made available during the specified period for lnspectaon by the State for the purpose of making audits, e~a,ninations, excerpts, and transcriptions Artacle 9. Reporting The Local Government shall promptly advise the State m wntang of events which have a significant impact upon the contract, including · Problems, delays, or adverse conchtions which will materially affect the ability to attain program objectives, prevent the meeting of tame schedules or objectaves, or pre- clude the attainment of project work units by estabhshed time per~ods This disclosure shall be accompanied by a statement of the actaon taken, or contemplated, and any State asei~tance needed to resolve the situation · Favorable developments or events that enable meeting tame schedules and objec- tares sooner than anticipated or producing more work units than origtnally 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 1~. Subcontracts Any subcontract for professional services rendered by ~nchvlduals or organizations not a part of the Local Government's organization shall not be executed without prior ' te authorization by the Sta . Subcontracts shall contain all required provisions of this contract. No subcontract will relieve the Local Government of its responsibihty under thxs contract. Any subcontract for construction will be awarded to the lowest and best bidder on the proposed project. 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 ~ive written notace to the Local Government at least seven day~- prior to the effective date of terminataon, specifying the date of termination The State shall compensate the Local Government for those eligible costs ~ncurred during the contract period up through the time of termination The Local Government shall not ~ncur new obligations for the terminated portaon after the effective date of termination. Page 4 of 8 Article 4. Compensation (cont.) The State will exercise due diligence to make payments within thirty days of receipt of properly prepared and documented requests for reimbursement All payments, however, are contangent upon the availabihty of appropriated funds Payments will be made m accordance w~th the approved project budget included xn Attachment D of the apphcat~on Each budget line item expenditure will be momtored, and no overrun will 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 ~n advance * there Is a corresponding decrease m another hne item. Any proposed change m a budget hne ~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. Article 5. Contract Amendments The Local Government may request additional funds for additional tasks to be performed under th~s contract, and if the request is justified by the Local Government and the State determines that the request ~s beneficial to the State and the Local Government and to the purpose of the grant, a written amendment is to be executed to authorize additional tasks and additional funds, if additional funds are available. The amendment shall be agreed upon by the State and Local Government Any such amendment shall be made before the ternunatwn of the contract as specified in Artacle 1. The Local Government can undertake at its own expense any act~vitaes associated w~th the approved project, but those additaonal activities will not be ehgible for reimbursement by the State. Article 6. Inspection of Work The State shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises m which it ~s being performed If any inspection or evaluation ~s made on the prenuses of the Local Government or subcontractor, the Local Government shall provide and require his subcontractor to provide all reasonable fadlit~es and assistance for the safety and convemenco of the mspoctors in the performance of their duties. All Inspections and evaluations shall be performed m such a manner as will not unduly delay the work Article ?. Disputes and Remedies The Local Gover~ment shall be responsible for the settlement of all contractual and administrative ~ssues arising out of procuremente entered in support of contract work. D~sputas concerning performance or payment shall be submitted to the State for settlement with the Engineer-Director of the State Department of Highways and Public Transportahon acting as referee Th~s agreement shall not be considered as specifying the exclusive remedy for any dispute or wolataon or breach of contract terms, but all remedies ex~sting at law and m equity may be availed of by either party and shall be cumulative Page $ of 8 Article 14. Successors and Assigns The Stats land the Local Government each bxnds xtself, its successors, executors, asm~ns and administrators to the other party to this agreement and to the successors, executors~ assigns and admtnistrators of such other party tn respect to all covenants of thts cont, ract Neither the Stats nor the Local Government shall asmgn, sublet, or transfer its intsrest in this agreement without the wrttten consent of the other Article 1§. Property Management The Loca~Government shall use its own property management systsm to control, protsct, p~eserve, use, maintain, and dispose of any property furntshed to it by the State or purchased pursuant to this agreement, provided that the procedures are not In conflictlwith the .S. tats'.s property manage.ment procedure, s or property, man.age- ment standards outhned tn 49 CFR 18 (Section 18.32), "Umform Admimstrative l~equtrem~nts for Grants and Cooperative Agreements to Stats and Local Governments." Article 16. Procurement Standards The LocallGovernment shall maintain and follow procurement standards whtch meet or exceed the reqmrements of 49 CFR 18, ~Uniform A&mimstrat~ve Requtrements for Grants and Cooperative Agreements to Stats and Local Governments" Article 17. Debarment/Suspension The Local Government ts prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or inehgible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Local Government shall requtre any party to a subcontract or purchase order awarded under this contract to certxfy its ehgibility to rece?e federal grant funds, and, when requestsd by the State, to furntsh a copy of the certification Article 18. Insurance When dtrected by the State, the Local Government shall reqmre tts subcontractors to secure ine~trance in the maximum statutory limits for tort liability, namtng the State as an additional insured under its tarm~ When so directed, the Local Government shall reqmre its subcontractor to furnish proof ofiusurance on forms satisfactory to the Stats, and shall matntain the insurance during the contract period specified tn Article 1. Article 19. Gratuities Stats Highway and Public Transportation Commission policy mandatss that employees of the Dep~trtment shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the Stats under this contract. The only exceptions allowed are ordinary business lunches and itema that have received the advanced written approval of the Stats's Engineer-Director Any person doing business with or who reasonably speaking may do bustness with the State under this contract may not make any offer of benefits, gifts or favors to Depart- ment employees, except as mentioned hereabove. Fatlure on the part of the Local Government to adhere to this pohcy may result tn tsrmmation of this contract Page 6 of 8 Article 12. Termination (cont.) · For Cause: Nonperformance The State may tenmnate this contract at any ........ 'ore the date of completion lf~t determines that the Local Government has failed to comply with the conditions of the contract The State shall g~ve written notice to the Local Government at least seven days prior to the effective date of termination and specify the effective date of terms- nation and the reason for terrmnation The State shall compensate the Local Government for those ehgible costs incurred during the contract period which are directly attributable to the completed portaon 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 incur new obhga- tions for the terminated portion after the effective date of termination. · For Convenience If both parties to this contract agree that the continuation of the contract ~n whole or in part would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and the port, on to be terminated · Ownership of Documents Upon termination of th~s contract, whether for cause or for convemence, all finished or unfinished documents, data, studies, surveys, reports, maps, dravnng, models, photo- graphs, etc 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 subcentractors, the Local Government shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the Local Government to progress in the performance of the work) ~f such failure arises out of causes beyond the control and w~thout the default or negligence of the Local Government. Such causes may include but are not limited to acts of nature or of the public enemy, acts of the government in either its sovereign 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 with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or admln- lstrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, worke .rs' compensation laws, minimum and mamm,~m salary and wage statutes and regulations and licensing laws and regulations. Wh~ required, the Local Government shall furnish the State with satisfactory proof of its compliance therewith Page 5 of 8 IN WITI~8$ WHEREOF, THE pARTIES HAVE EXECUTED DUPLICATE COUNTERPART~ TO EFFECTUATE THIS AGREE~NT. LOCAL GOVERNMENT: STATE OF TEXAS The City, of Dent:on , Certified as being executed for the t~or Eaglle Drive purpose and effect of activating and/or Under authority of resolution or ordi- ca ..r.r~i.'.'ng out the orders, establish_ed nance n~ber R9O-O51 :/ policies or work progr_~ms heretofore Highway and Public Transportata.on By Co,--,Imdan under authority of Minute , \ Date February 4~ 1991 Date~ For the pu~poso of this a~ee.ment, the following ad~esees shall be used W nm~l all required no~/ces, reports, clmm=~ and con. espondence: For the Local Gove~ment: For the State (D~st~ict O~ce) C~ty of Dent:on Mr. Jam-~ M. Huffman 215 ~. McKLnne¥ St:. P O. Box 3067 Dent:~n, T"~-" 76201 Dallas, T9~9" 7522~-3067 Pa~ 8 of 8 Article 20. Indemnification To the extent permitted by law, thc Local Goverament ~hall ~ave ha~nlem the f~m all clax~ ~d liability due ~ ~e ac~ or o~ons of~e ~l ~v~ent, agen~ or employees. The ~1 ~ve~ent al~ a~es ~ ~ve h~le~ ~e from any ~d all ex~nses, mclu~ng at~ey ~ees, all ~u~ cos2 ~d awar~ for dm- ages, incu~d by ~e S~ in Ii,gabon or o~e~ise ~sis~ng such el~ or liabili~ ~ a ~sult oF~y a~vi~ of~e ~1 ~ver~men~ i~ agen~ or employees. Fu~er, ~e ~al ~ve~ment a~ees ~ p~c~ indemnify, and ~ve ha~le~ S~ f~m ~d ag~nst all claim~, d~ ~d ~uses of acUon ofeve~ kind ~d ~ac~r brought by ~y ~ployee of~e ~al ~ve~ent ~n~e S~ due pe~nal i~u~es an~or dea~ ~ su~ mployee resul~n$ ~ ~~ ~nt act, by eider commi~on or o~on on ~e p~ of ~e ~al ~ve~ent or ~e S~. Ar~cle21. Slgna~ W~anty ~e unde~i~ed ~a~ for ~e ~al Government he.by repre~n~ and wa~an~ ~at he is ~ official of~e orgam~on for w~ he has execu~d ~is ~n~act ~d he has full ~d comple~ au~o~ty ~ en~ ~n~ ~e con~act on behalf of ~e ~l ~ve~ent This space left blank Page 7 of 8 State Depart~ ~nt of Highways and Public Tr~ansportation Traffic Management Program Grant APi)lication 1) Legal Applicant 2) Vendor Identification Number: a ApphcantN&me cT~Y OF DENTON 17560005146000 b Orgamzatmnal Umt, c Street/PO Box 215 E, McK~nney St: d Oty Denton e County Denton 3) Proj~tEngjfleer f State Texas g Zip 76201 (Name &Telephone) h Populesion(lg86CensusguraeuE~tlmeta) Paul I~chuk~ 63,000 817-566-8358 I Project Grant Manager (Name & Telephone) 4) Proposed Funding Attachments (must be completed and submitted a State Od Overcharge Funds S~1.303 42 with the elqaleatlm~) a Standard Assurances b Local S~0 b ProjectArea Maps c SDHPT0f roadways are mim- e Description of Prole~t tainad and operated by SDHPT) S -0- d Budget d. Other (Specify) S -0- e Project Task Responsibility · Total S~ f Debarment Certificatmn s) General Information Are any of thee project roadways operated or maintained by other agencies? yes ... No .. × If yes, descnbe b. Do you have plans for major capital improvements to upgrade your proposed project roadways? Yes No If yes, do you have a schedule, budget proposal or funds already committed? Yet No., Explain c Have s~gniflcant changes in traffic volumes in the prolect area occurred as I result of new development, road improvemenu, utc, ~nce improvements were ~m made? Yes,No.,..,~ Explain ~?ntfteant chun=es in traffic volumes have occurred but not as a e (over) d Do you antic/pate significant changes in traffic VOlumes m the development, road i 1~ ,ct area as a result of new rovements, xtc, within the next three years? Yes Explein. ffsc volumes ss antsc~uNtOno~"-as result of new develo ment. ADT sn 1987 was 16,000 Now (1990) st ss about end ss ex acted to contsnue. · Explaln how the traffic management Im rove ~_~d 9? &Tg' and features of the co,v*~m,pr,-- .m._em needs fo.r ,h,s/)rojec! area were ,,~, ..... .., neeClesl.. .... -.urn you/)ropose for the -roi--* *-- L d ..... ,,,,,~u " ~'~ ,~ecn extra/)agelf f List s~eclflc local agency staff that would be a#igned to this projec~ g. Supply any add~onal information that would be useful for the review of this application. Also, you may use this space to expand any of YOur answers t Page if neCK]led. 0 the previous questions Attach extra r om at b wzth the cst's - o se to malfu~ctlons u~ck loa real tsme status check and more effscsent Overall traffsc mane ement. h Indicate COUrSe d~tc preference, number of People thit wOuld attend and whether they are local s ff and/or con,u nt. Traffic Management Evaluation Techniquas _ X Februaq~ 26.28, IS91 ~2 · of people ( _ x local staff --.-_. consultant) ~ - March S-7, 1991 ..._. d~ of people ( ------ local mff ---_. consultant) s) Applicant Certification.. To the best of my knowledge and belief, Information i true and correct, tile document has been dui n this a fica applicant will complywith Y au~..o~?led by the goveml b __ Pp ti.on is Any grant money received will suPplemem and not supplant any existing local funding presently dedicated Signature Typed or Printed Naele and TIti~ 10 It Will tnsure that the facilities under Its ownership lease, or supervision which shall be utilized m the accomplishment of the project are not listed on the En. vlronmental Protection Agen .cy's (EPA) list of violating facl itles and that it wt I notify the grantor agency of the recetpt of any commun of the EPA Office of]:ederal Activities Indlcatln that a f~lcca~;~n fro_m the Director proJeCt IS under consideration for listing by the~PA, y to be used in the 11 It will comply with the flood insurance purchase requirements of Sectton 102(a) of the Flood Dtsaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and aHer March 2, 197S, the put* chase of flood Insurance In communities where such Insurance is available as a con- dltl0n for the receipt of any federal financial assistance for construction or ac msl. tipn purposes for use in any area that has been Identified by the Secretary of ~e Del~ertment of HOUSln and Urban Develo men hazards.. The phrase '~gec~eral fin P t.as a_? area having special flood ua ancial assistance Includes an form ?__ r_a.n~,!nsuran, c.e payment, rebate, subsld~, c... ......... ~_Y__. of man, grant. ,, dl..,,~, -aa~a~ence loan or grant, or e,,y e~ner Torm o? Cllrect or Indirect federal assistance 12. It will assist the grantor agency m ~ts comphance w~th Section 106 of the National Historic Presentation Act of 1966 as amended (16 USC 470), Executive Order 11593, and t. he Archeologlcal and Historic Preservation Act of 1966 by (a) .consulting with the State H~-*,,-.- e ...........(26 USC. 469a. 1 et seq ) investigation, as ne .o-~--. ~._~e~,on urtlcer to conauct the ,n the I~at,on~l Re,.~Cs~er~or~'~,°-/-cl-e,n-~ pr.o.~e~,es hst.ed ,n or ehg,ble for ,nclus,on - - v u~ n~a~orlc e'laCeS mat are SUP act to adverse effects (see 36 CFR 800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) compl lng with all requirements established by the federal grantor agency to avol~Vor mitigate adverse effects upon such propert:es. 13. It wllI comply with Texas C~vil Statutes.,_Art 5996a, by Insur, ng that no office., employee, or member of the apphcant s governing body or of the apphcant s contract shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the gover~ning body or to anyother officer or employee authorized to employ or spU~ersorVnlSewhSoUCshhaperson. Th,s prohibition shall not,m a ~ prohibit the employment of II have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree It wlllllnsure that all Information collected, assembled, or maint .apphcant relative to this ~ro~m~.k-:, ~ .... ._~, ....... a.m.ed by the o~slneu hours ~n compliance with Tevs~, t'i.,I c......~.. ~ ,.~.a.urtng normal otherwise expressly p~ovlded J~'l'~v: ........ o---,,,~, ,~,~ o~==-~/a, unless It will comply wtth Texas Civil Statutes, Art. 6252.17, which re rare special, or called meetin s q s all re ular, g of governmental bodies to be oen to th as otherwise rovlde P · puL~lc, exce t P d by law or specifically permitted ~n the Texas Constitution. p Apphcant CITY OF DENTON Attachment A Local Governments' Standard Assurances and certif:es that The Local Government hereby assures :t w I comply wtth the regufattons, pohoes, guldehnes, and requirements, including OMB Orcu er A-87 and 49 CFR 18, as they relate to the application, acceptance, and use of state funds for th:s project Also, the Local Government assures ano terror:es to the grant that: 1 It possesses legal authority to apply for the grant; that a resolution, motion, or s~mdar actmnhas been duly adopted or passed as an off:ctal act of the apphcant's governing body, author:zing the f~hng of the apphcatmn, mcludin all under. standings and assurances contained therein, and d~rectmg and authorizing the person :dent~f~ed as the off~c:al representatwe of the apphcant to act in connect on w:th the apphcat~on and to prov:de such additional mformat~on as may be requ:red. 2. It w:ll comply w~th T:tle VI of the Owl Rights Act of 1964 (PL ~-]52) and in accordance w~th T~tle VI of that Act, no person ~n the United States shall, on the grounds of race, color, or national or gin be excluded from participation in, be den:ed benef:ts of, or be otherwise subjected to discrimination under any pr or act~wty for wh:ch the applicant receives federal financial assistance and w~l°~~ram :mmedmtely take any measures necessary to effectuate this agreement. 3. It wtll comply w:th T tie VI of the Ovd Rights Act of ~ 964 (42 USC 2000d) prohlbmng employment d~scnmmat~on wher~ (1) the primary purpose of a rant i~to row employment or (2) dlscnmmatorvem-lovm... ............ ,, _ g._. P , de · .~ I" ~H~. lalmq, l, lf,,l~J Will reSUl[ In un Ual treatment of persons who are or should J~e benefiting from the grant-a:~ec~ actwtty 4. It w:ll comply w:th requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of lg70 (PL gl-64G) which rov~des for fmr and eqmtable treatment of pef~ons displaced as a result of state or ~eral and state or federally assisted program~. S It will comply with the pro~slons of the Hatch Act which limit the political activity of employees. 6 It w,:ll c,o_mpl~ w. ~th_the m. immum wage and maximum hour~ provisions of the ~eoeral ~mr Laoor Stanoards Act, as they apply to hospital and educational mst:tution employees of State and Ioca~governments. 7 It w:ll establish safeguards to prohlbtt employees from using their positions for a purpose that ts or gives the appearance of being moUvatedby a desire for rivate ~au's?nfeOs~hore omtS~el~eOsr' oth.rs, pert,cularly those with whom they hav. fa~y, 8. It will gwe the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. 9 It will comply wtth all requ:rements :reposed by the sponsoring agency concerning spec:al requirements of law, program requirements, and other aomlmstratwe requ:rements. ~age ~ · EA~LE D~'rvE ~OJECT The Eagle.Drive (project ares) is a four-lane undivided primary arterial that borders the University of North Texas (UNT) campus on the south. Eagle Drive t~es to Fort Worth Drive (U.S. 377) via Carroll BlYd and also t~es directly ~nto Dallas Drive. A great majority of UNT commuters from Dallas County and southern Denton County Drive to school through Eagle Drlve v~a Port Worth Dr~ve and Dallas Dr~ve. Thus Eagle Drive ~s a ma]or corridor for commuter traffic. The ADT on Eagle Drive has increased from 16,000 in 1987 to close to 20,000 in 1990. Currently, there are slx signals on Eagle Dr~ve from Dallas Drive to Avenue C. Only one of these signals, the one at Carroll Boulevard, has coordination capability. Another one (at Dallas Drive) w111 be funded under the TLS program. The rest of the signals (four signals) do not have coordination capability and they ere of different makes and models. Now Eagle Drive ~s experiencing some congestion and this is partly due to excessive stops and delays at the signalized lntersectioneo Avenue A was recently widened and expanded to 4 lanes from I$5E to Eagle. Th~s project will replace the four a~gnals w~th new state-of-the-art timers wxth time-base coordination capability. These timers will be such that would be compatible with our closed-loop system. Hook-up to the closed-loop system would enable download and upload of data from our central off,ce and would also enable instant statue check. A communication line (hard w~re) would be necessary for this to happen. Hence this request also ~ncludes commun~cation l~ne. This would enable traffic responsive operation which would be very appropriate on Eagle Drive since student traffic does not have definite patterns. 0917E page 5 f EAGLE DRIVE PROJECT Pro)ec=s' Local Agency Staff Name Position Joe Ayers S~gn/Ma~ntenance Tech Larry Erv~ng S~gn/Ma~ntenance Tech Don Petty Sign/Maintenance Tech Paul Iwuchukwu Traffic Engzneer Manny Coronado Traffzc Control Supervisor Lee Gibson Traffic Signal Tech Jeff Gann Traffic Szgnal Tech M~ke May Traffic S~gnal Tech David Salmon, P.E. C~wl Engineer Ronnie Porsythe Eng Tech Supervisor/Design Mark King Tech II/Design Favian Perez Tech I/Design Mickey Nance Tech II/Survey Bill Turtle Tech I/Survey Larry Perguseon Tech I/Survey Roger Wilkinson Eng Tech Superv~aor/R.O.W. Joy Green Regxatered Surveyor Jerry Clark, P,E. D~rector of Engineer~ng & Transportation David George Foreman Electric Diet Ralph Klinke Superintendent ~lec Diet Prank Gibson Lineman Rick Collins Lineman Ricky Akin Lineman David Garza Lineman Ralph ~abb L~neman Appr I 0917E Applicant CT~ Or DENTON Attachment B Project Area Maps Attach two 8-1/2 x 11 maps as described below. A A map showing the location of each proposed TM project within your jurisdiction B A map showing the system with the following ~nformatlon. 1 Average Daily Traffic 2 C~rculat~on Pattern (Identi~ One-Way Streets) 3 A Scale or Identification of Distances Applicant. CITY OF DENTON Attachment C Description of Project 1 Brlefly deKribe the proposed work: Re~me s~nals w~th coordlnatzon plans~ in,tall communication l~ne~ change out old CQ~rollers and cabinets, znst~ll new controllers and cabinets, install system loom detectors, d~vPln? plan~. specifications, and estzma;~ 2 Roadway Informer,on' ClasslficatlOn przmetv Artetza~ Cross-Section 4~ fr. Design Speed 30 mob Posted Speed ~o moh ADT 19. 760 Grade (%) Roadway volume to capacity ratio o. Roadway level-of.service (as defined by the 1985 H~ghway Capacity Manual) Date and deKrlptlon of lastlmprovements: Ne. oevzn~ and new lane definition, Summer 1988 3. Innovative technology includes non-treditmnal projects extendmg beyond smgnal re- t~m,ng, geometries, etc. H:gh technology involves extenswe use of advanced/auto- mated capabditms and systems. Does the proposed project revolve high/innovative technology7 Ifyes, explaln: ~e new rtl. mere are mzcro-comouters that :nd~vxdually process :nformac:on and make decrsrons based on ~nstruet~nn~ fl'om the master controller They are also capable of accomplish%ny coordlnatlon 4. For signal retimmg projects, please provide the followmg additional information: System name: Eaale Drzva NO. of Intersections 6 System Configuration: Grid Arterial x System Coordination: Hardware x Time-Based ~ Last date timing plans revised for the entire system: ~ age 5. Approximately how much time will be needed to develop plans, specifications and estimates and to let a contract for the proposed work? 8 reeks 6. Approximately how many working days will be needed to complete the proposed work? 45-60 days Apphcant CTT¥ or ~NTg~ Attachment D Traffic Management (TM) Program Budget Form Apphcant FInanclalContact. Paul Iwuchukwu Phone. 817-566-8358 Personal Services Salanes and Wages for personnel involved m the planning, development and implementation of the proposed project Pos,t,O~n ~ ~ ~ ~D f~ .... [4,039 Total Personal Services 14,039 70 4,679 90 Note Indirect costs are not eligible for relmbt,.,ement. ~ Local Match* Travel (Specify Rates) 687 O0 229 O0 Other Other'. Total Operating Expenses 687 aa 229 aa -C. onstruct~0,n Cost Est~mat~ (Use additional page(s) if necessary.) (List cost and quantity of items of work to be included m the ro osed ~gonr~l~, signs, pavement items, and any other bid Items need:~ tPo accoPmrl~lse~t~hi'ee'' Oil~ Local Match* Total Mate:la! & Equzpment ~ 26,576 72 8,858 90 Total Estimated Project Cost 26,576 72 8,858 90 * Designate if local match ~s from the Oty or the SDHPT Attachment D (page 2) Consultant Servaces ** 8, o ~ 13~767 80 (Indicate o~ of total project costs) (, 2s %) Indicate SDHPT o~ of Local Match ( -0- %) -TOTAL PRO~ECT COST $S5,07! 22 Designate If local match is from the City of the SDHPT. ** Attach detailed cost estimate. EAGLE DRIVE PROJECT EXEISIT 2 D Salary Number Overcharge Local Position Rate of Hours Funds Match Traffic Engineer $25.56 132 $ 2,530.44 S 843.48 Traffic Supervisor 22.95 28 481.95 Signal Techs 17.77 252 3,358.53 1,119.51 Sign/Main~enance Techs 14.76 84 929.88 309.96 Utility Workers 20.00 225 3,375.00 1,125.00 Director 40.79 8 244.74 81.58 c~vil Engineer 29.58 8 177.48 59.16 Eng. Tech Supervisor (Design) 23.48 16 281.76 93.92 Eng. Tech. Supervisor (R.O.W.) 23.48 8 140.88 46.98 Tech II (Design) 17.28 64 829.44 276.48 Tech II (Survey) 20.49 32 491.76 183.92 Tech II (R.O.W.) 18.66 32 447.84 149.28 Tech I (Survey) 16.35 32 392.40 130.80 Tech I (Survey) 14.90 32 357.60 119.20 $14,039.70 S4,679o90 3111S/17 PROJP-CT COST ESTIMATE PROJIilC~: EAGLE DRIYE Data Collection and PreparstLon. Manual (turning) counts 2 techs, A.M., Noon, P.M. Counts. (4 intersections @ 7 1/2 hours) x 2 ~ 60 hours Supervision: 4 hours counts Analysis and Tabulation 1 engineer (4 intersections @ 3 hours) x i ~ 12 hours SLgnal TLming/Simulatlon= I engineer (4 intersections @ 10 hours) x i - 40 hours T~mLn~ Implementation. 1 engineerv 2 techs Engineer - (4 Lntersections @ 4 hours) x i - 16 hours Techs - (4 intersections @ 4 hours) x 1 - 16 hours Fine Tu~ing. 1 engineer, 1 tech Engxneer - (4 ~ntersections @ 4 hours) x 1 - 16 hours Techs - (4 intersections @ 4 hours) x 1 ~ 16 hours "Before" Field Evaluation: 1 engineer, 1 tech Engineer - (4 hours/day x 5 workdays) x 1 - 20 hours Techs - (4 hours/day x 5 workdays) x 1 - 20 hours "After" Field Evaluation: 1 engineer, 1 tech Engxnesr - (4 hours/day x 5 workdays) x 1 = 20 hours Techs - (4 hours/day x 5 workdays) x 1 - 20 hours controller Cabinet Padmount Installation. 2 techs 2 techs - (4 intersections @ 1 hours) x 2 = 8 hours Cabinet .and Controller Installation: 2 techs 2 techs - (4 intersections @ 2 hours) x 2 - 16 hours Communic,ation Wire Hook-Up: 3 techs - (4 intersections @ 3 hours) x 3 - 36 hours 3 sign techs - (4 intersections @ 2 hours) - 24 hours 3111s/7 Eagle Drive Project Page 2 Installation of ~ain Communication L~nes' 5 utility workers 5 utility workers - (5 days @ 8 hours/day) x 5 ~ 200 hours Tree T~mm~ng: 5 utility workers 5 u=~l~ty workers @ 5 hours - 25 hours Plan La,out - ~raftin~ and Surveying Estimate by Engineering Tech Supervisor 4 intersections @ S1,170.72 $4,682°88 Cut Loops (Detectors) 4 xntersectxons 3 techs - (4 intersectxons @ 10 hours) x 3 = 120 hours Supervxsion I supervisor 1 supervisor - (4 intersections @ 6 hours) x 1 = 24 hours 3111s/8 Eagle Drzve Project Page 3 . EAGLE DRIVE/MATERIAL & EQUIPMENT Traff~c,Sl~nsl Controller w~Cabinet. Transyt Model 1880 E/EL 4 @ $5.798o00 = $23,192o00 Card Ragk Detectors' two 4-channel cards per intersection 4 intersections - (l @ $437.65) x 4 - $3,502.00 Card Ra~k Power Supplies: 4 intersections - (1 @ $209.00} x 4 - $836.00 Concrete for Padmount. 1 sq. yard per intersection 4 intersections - (1 @ $31.00) x 4 = $124.00 Loop De~ector Wires. Loop wires - 2,000 feet @ S.ll m S220.00 Lead-in cable - 1,500 feet @ S.23 = $345.00 Concrete Saw Blade= 1 saw blade @ $588.62 = $588.62 Commun~catlon Cable 6 pairs #22 - 5,000 ft. @ $.53 - $2,650.00 Loop Detector Sealant: S115.00 per case of 12 tubes 4 Intersections - (4 intersections @ 7 1/2 cases) x $115.00 = $3,450.00 Bucket T~uck' 1 bucket truck @ $11.00 per hour 4 intersections - (4 intersections @ 12 hours) x S11.00 - S528.00 Total Material - S35,435.62 3111s/9 Eagle Drive Pro]ect Page 4 . PROSPECT COST SUMMARY Personqel Services= 0~1 Salary ~umber Overcharge Local Pos~t~gn Rate of ~ours PunOs Match Traffic Engineer 525.56 132 5 2,530.44 5 843.48 Traffic Supervisor 22.95 28 481.95 160.65 Signal Techs 17.77 252 3,358.53 1,119.51 S~gn/Maintenance Techs 14.76 04 929.88 309.96 Utility Workers 20.00 225 3,375.00 1,125.00 Director 40.79 8 244.74 81.58 Civil ~nginesr 29.58 8 177.48 59.16 Eng. Teoh Supervisor (Design) 23.48 16 281.76 93.92 Eng. Tech. Supervisor (R.O.W.) 23.48 8 140.88 46.96 Tech II (Design 17.28 64 829.44 276.48 Tech II (Survey) 20.49 32 491.78 163.92 Tech II (R.O.W.) 18.66 32 447.84 149.28 Tech ~ (Survey) 16.35 32 392.40 130.80 Tech I (Survey) 14.90 32 357.60 119.20 514,039o70 $4,679°90 Total Personnel ServLces 518,719.60 Total Material 535,435.62 Other ~xpenses= (One trip to Austin for the Traffxc Management Evaluation Techniques TraLning - 2 persons) Travel - (2 x 250 miles @ $.25) x 2 ~ 5 250.00 Lodglng - (Hotel 3 nights @ $75) x 2 ~ 450.00 Meals - (9 meals @ $10) x 2 = 180.00 Telephone - (3 days @ $8) x 2 - 36.00 Total $ 916.00 Total Pro~ect Cost 3111s/10 Applicant c~TY o~' DENTON Attachment E Project Task Responsibility (Please check appropriate agency; if joint responsibility, enter Ixrcentlge for eKh.) Ta~k ~ .., · Project planning ~ .. · Attend 'Traffic Management Evaluation T~chnique' training wo~shop · Preparation of plans, sp~cJflcatlom and estimates · Con1. plete 'Before' flald eveluation · Implementation or construction of project · Prepare quarterly progress reports ~ ,, , · Prepare documen~tJon of the implementation of traffic management improvements ,,, ~ · Complete 'After' field eveluetlort Enter 'SDHPT' if the tad[ is the Department's responsibility. Applicant c~ ~ ~s~)~ Attachment F Debarment Certification (Negotiated Contracte) (1) The LOCAL GOVEKNMENT certifies to the best of itc knowledge ~d ~hef, ~at it ~d im p~ncipal8: (a) ~e not p~n~y deba~, ous~nd~, pm~ For deba~ent, d~l~ meh~ble or volun~ly e~luded F~m ~v~ mn~o~ by uy federal dep~ent or agency, (b) Have not ~n a ~-ye~ ~ p~ng ~ pm~l ~n ~nvi~ of or had a a~l jud~ent ~nde~ ~nst ~ for ~mmi~on of r~d or a ~nal offenM in ~nnec~on wf~ ob2inin~, a~p~ng ~ ob~n, or ~o~ng a public* ~c~on or ~n~ct under a public ~c~on; viola~on off~eral or ~ust 8~8 or ~mm;~On o~em~en~ ~e~ forge~, bn~, f~i~fl~on or des~c~on of ~, m~inK fal~ s~en2, or ~iwng s~len p~; (c) ~ ~ot p~Ml~y Jl~c~ ~or or o~e~M cpm~ll]y or C~vllly cha~ed by a ~ve~en~l en~* ~ ~on of~y of~e offems enme~ in para~ph (1)(b) of ~is fl~fl~on; ~d (d) Hive ~ot ~1 ~ ~-yeK ~ p~g ~l Ippli~o~p~ hid one or mo~ public ~c~on8* 2~na~d for ~m ~ defaul~ (2) ~en ~e LOC~ ~G~ is unable ~ ~ ~ any of~e s~men2 m *federal, state or local C~Ty t4ANAGE£ Ttt~ Se~embe= 26~ 1990 8DHPT ~*~ 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MJtNAGER TO SUBMIT APPLICATIONS TO THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR A TRAFFIC MANAGEMENT GRANT; AND PROVIDING AN EFFECTIVE DATE. ~HEREAS, the City cf 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 forelgn oil; and WHEREAS, the traffic management pro]ect proposed by the City of Denton will provide benefits to the local community in the form of improved traffic flow, reduced fuel consumption, reduced vehicle operat.ing 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 management projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~T~' That the Council authorizes the submlssxon of applications to the State Department of Highways and Public Trans- portation for a traffic management grant and, selected for funding, the City Manager of the City of Denton 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. ~. That this resolution shall become effective im- mediately upon its passage and approX. PASSED AND APPROVED this the ~ day of , 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LE~A~. FORM: DEBRA A. DRAYOVITC}{, CITY ATTORNEY Instructions For Preparing Financial Status Report 3 Indicate the method of accounting for the grant funds 4 Insert the 14 digit Vendor Identification Number on file with the Comptroller 5 Indicate if this is the final report 6. Insert name and address of the recipient 7 Show the beginning and ending dates of the period for which the claim is submitted. 8 Insert the required cost information for each budget category, each column must be completed. 9 Complete the certification; signature must be original, show typed or printed name and title in block below. This report must be signed by the person duly authorized to sign for the organization. Contract Number 581T~6084 Financial Status Report Form 269a State Agency Organizational Element To Which Report is Submitted 5tare Department of Highways and Pubhc Transporter)on G~ant T~tle ] Traffic Management Program ~3: Cash I'1 Accrual Vendor Iclent~flcatmn Numbe~ S Final Report 17560005146000 FI No FI 7 Period Cove~ed bythIs (Name and Complete address including ZIP codeJ CTTY OF DENTON (Month d,~y, yNr) 215 E MCKINNEY ST From DENTON TX 76201 ?o BuclgetCategones (a) Cont,act (b) Project (c) Cumulative (d) Balenc~ (as of clare) 8uclget Cost This Project Report Cost (121) 18,710 60 Operating Expense (Travel, etc ) (122} 0].6 00 (123) Contracts (124) 35,435 62 (Sum of Lines a el} 55,071.22 Cart~flcatmn 10 ~9~atureofAuthorizadCerUfymg tt DafoRelmtt~ubmltfod I certify to the best of my Official Imowladge and behef that this obhgetlons ese fat the purpo~ set forth in the award documents Typ~l or P~mt Name and Title Telel~hofle (See Reverse for Instructions) Form 269a Adapted From Uniform Grant and Contract Mana~.~ent Standards Contract NUmDr 58]~TMF6084 Request for p., o, ,.,.s ,, eX' the applicable Reimbursement ' , T Type of Payment Requested [] Final [] State S~nmnng A~en~ 4 Pa~ial Pay~nt State Department of Highways and Public Trampo~ation Traffic Management Program s Vendor Ident~fKa~pn Numar 8 Pmi~ Co~r~ ~ Th~ R~ 1756~005146000 ~rom (~n~ ~y, ~rJ To (~, 7 ReclplentOrganlz~tlon CITY OF DENTON 8 Pa~re~tobe~ttfd~eNnth~i~mT) Name, Numar and Street ~ D~0~ ~X City, State a~ ZiP C~e Cl~, State a~ ZIP ~e S ~ CompulSion of Amount of Reimbu~emenU hquest~ ~E~m (123) Come~(tZ4) Pr~rams/Fun~ions/A~ivltles ~ h~K~ (121) (122) a Totalprog~am (Asofdale) $ $ $ $ $ outlays to date b L~I Share of amount on line a (1~8) [ ~ SDH~ ~Mi Sharel ~ Oii overcharge share of amount on h~e ~ ·Ott o~rc~rge ~y~entS previously requ~teo f O~1 owrcharge sha~e now request~ (Line d mtnu~ llne e) A~ copies O~ aau41 ~rm dKum~U (In~IMs, tim ih~, ~c ) to su~n ~1 corn ~0 Cemfi~tton I ceKl~ to the best of my k~e end ~gneture of Au~rizH Ce~l~i~ ~lClal Date behef the dlta above d re co.~ and th~ hbm~ all outla~ ~e made in a~en~ with the grant co~ltmm o ' ot~r agreement Ty~ or P~int~ Name a~ Tl~ previously ~a C~e Num~r This s~ce for SDH~ DisffIG ~lce ~ I Ce~l~ that the a~ Were re.of ed, or g~s rKelV~, a~ t~t t~y corrfl~ In e~ ~Kulir with t~ COntri~ i~ tMt ~he claim is tfue and un.id (See Reverse for Instructions) *daetad from Standard Iom~ a?O (I~0) Prmcdbid by Office of Management and Budget Circubrs NO.A tO~endA 110 Instructions Please type or print legibly Items 1, 3, 4, 7, 8, 9b, 9¢, 9d, 9e, and 10 are self- explanatory; specific instructions for otb~t.ems are as follows' item Entry ' ~m Entry 2 Indicate whether request is prepared oncash 9a Enter in 'as of date' the month, day, end or accrued expenditure basis year of the ending of the accounting period to which this amount applies Enter program S Enter the vendor identification number outlays to date (net of refunds, rebates, and discounts), sn the appropriate columns For assigned by the Comptroller requests prepared on a cash basis, outlays E Enter the month, day, and year for the are the sum of actual cash disbursements for beginning and ending of the period covered goods and services, the amount of indirect expenses charged, the value of m-kind inthlsreduest, contributions applied, and the amount of g The purpose of the vertical columnS (a), (b), payments made to subcontractors and and (c) IS to provide space for separate cost subreclpients For requests prepared on an breakdowns when a project has been accrued expenditure basis, outlays are the planned and budgeted by program, func- sum of the actual cash disbursements, the Sion, or activity If additional columns are amount of indirect expenses incurred, and needed, usa as many additional forms as the net increase (or decrease) Iff the amounts needed and indicate page number in space owed by the reclp:ent for goods and_other provided in upper right, however, the property received and for services per* summery totalsofallprograms, functions, or formed by employees, contracts, sub- activities should be shown in the 'total' grantees and other payees column on the first pege 9b Enter the amount of the local share and subtract it from the amount shown in 9a This amount must be shown on each billing for participating costs incurred 9c if the SDHPT is participating in the proleCt costs, enter the amount here 10 Complete the certification before submit- ting this request RESOLUTION NO. ~ A RESOLUTION OF THE CITY OF DENTON, TEXAS DISAPPROVING THE 1991 BUDGET OF THE DENTON CENT~L APP~ISAL DISTRICT, AND DEC.RING AN EFFECTIVE DATE WHEREAS, the 1991 budget approved by the Denton Central Appraisal Dlstrlct provides for a significant increase over the previous year's budget; and WHEREAS, this increase, if approved, necessitates a significant additional contrIbutIon from the 1990-91 proposed budget of the City of Denton, Texas, and WHEREAS, the City Council of the City of Denton, Texas stands committed to adopting a tax rate for the fiscal year 1990-91 lower than the 1990 effective tax rate, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I That pursuant to Article 6 06 of the Texas Tax Code, the 1991 budget adopted by the Denton Central Apprazsal District on September 6, 1990 is disapproved SECTION II. That this resolution shall become effective lmmedzately upon its passage and approval PASSED AND APPROVED th~s the /~day of~, 1990 BOB CASTLEBERRY, ATTEST:, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FOX: DEB~ A. D~YOVITCH, CITY ATTORNEY DoCUment RESOLUTION NO.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING CERTAIN STATUTORY AMENDMENTS PROPOSED BY THE TEXAS MUNICIPAL LEAGUE, TO CHAPTER 143 OF THE LOCAL GOVERNMENT CODE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code Chapter 143, (the Municipal civil Service Act), was originally enacted forty-three years ago to prevent mismanagement of police and fire departments, and was a needed and well-intentioned statute; and WHEREAS, the numerous amendments to the this law made by the Texas Legislature since 1947 have eroded the ability of local governments to effectively and responsibly manage their police and fire departments under the Municipal Civil Service Act, and WHEREAS, the Municipal Civil Service Act should be amended to provide for hiring and promotion using means other than strictly written exams, therefore allowing municipalities to incorporate affirmative action plans in their police and fire departments, and WHEREAS, the Municipal Civil Service Act should be amended to provide that a municipality may remove itself from the requIrements of the Act using the same method that is used to adopt the Act, therefore allowing cities to remove themselves from a provision which has changed dramatically since it was originally created by the Texas Legislature, and WHEREAS, Texas Munlclpal League has proposed certain amendments which will asslst the city of Denton in maintaining efficient, effective, well-managed police and fire departments, resulting in better public safety for Denton citizens, which is the goal of both the City and the officers in the police and fire department; and WHEREAS, the Council of the City of Denton wishes to loin in with other titles to support the Texas Municipal League's legisla- tive proposal for ten amendments to Chapter 143 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SE_~. That the city Council of the City of Denton hereby supports the following proposed amendments to Chapter 143 of the Local Government Code (Supp. 1990). 1. An amendment which would clearly specify certain quali- fications for hearing examiners, for example, that hearings examzners must be retired judges and or that they must attend training before being eligible to serve. 2. An amendment which would require that hearangs examaners base their declsaons on specifac crlterla and whach would allow cities to appeal hearings examaners' deca- sions to district court in the event that this requare- ment is not met. 3. An amendment which would require that hearings examiners base their decisions on the preponderance of the evidence -- not clear and convincing evldence -- and which would allow cities to appeal hearlngs examlners' decisions to district court an the event that th~s requirement is not met 4. An amendment which would provide that hearangs examiners can be used only for lamlted purposes cases of demo- tion, lndefanite suspenslon, or dlsclpllnary actions of ten days or more. 5. An amendment which would provade that hearings examaners can consider only whether the employee an questaon actually d~d what he or she is accused of, but may not question or alter the level of dasclplane ~mposed for the employee's actions. 6. An amendment which would require that hearings examiners follow the procedural rules used by civil servace commisslons and which would allow cataes to appeal hearings examaners' decisions to dastract court an the event that such procedures are not followed 7. An amendment which would provade that a demotaon, lake an indefinite suspension, would be effective immediate- ly, subject to an appeal. 8. An amendment which would allow affirmative action plans to be ~mplemented in fire and police forces covered by Chapter 143, Local Government Code. 9. An amendment which would allow alternatave testing procedures for f~re departments lust as they are now allowed for polace departments 10. An amendment which would provide that the referendum and election procedures for repeal of Chapter 143 of the Local Government Code, be adentlcal to the procedures for adoption. SECTION II. That the City Secretary shall forward a copy of this resolution to the Honorable Bob Glasgow, State Senator, the Honorable Jim Horn, State Representatave, and Frank Sturzl, Executive Director, Texas Municipal League PAGE 2 SECTION III. That this resolution shall become effective upon its passage and approval. ~ ~ PASSED AND APPROVED this th day of , 1990 BOB CASTLEBE~Y, ~YO~ ~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY DEB~ D~YOVITCH, CITY ATTORNEY PAGE 3 2981L RESOLUTION NO. ~_~ A RESOLUTION TEMPOP~ILY CLOSING PORTIONS OF AVENUE E, AVENUE D, WEST MULBERRY STREET, WEST SYCAMORE STREET, EDWARDS STREET, HIGH- LAND STREET, AND EAGLE DRIVE ON OCTOBER 18, 1990; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Eric Jackson, representing the University of North Texas, is requesting that the following portions of the following named streets be temporarily closed to public vehicular traffic between the hours of 6:00 p.m. and 10:00 p.m. on October 18, 1990, for the purpose of having an Extravaganza' 1. Avenue E, from its intersection with Eagle Drive to its intersection with West Prairie Street, 2. Avenue D, from its intersection with Maple Street to its intersection with Highland; 3. West Mulberry Street, from its intersection with Avenue D to its intersection with Avenue C, 4. West Sycamore Street from its intersection with Avenue E to its intersection with Avenue C, 5. Edwards Street, from its intersection with Avenue E to its intersection with Avenue D; 6. Highland Street,from its intersection with Avenue E to its intersection with Avenue C, 7. Eagle Drive, from its intersection with the 1-35 service road to its intersection with Avenue C, public streets within the corporate limits of the City of Denton, Texas, and WHEREAS, Eric Jackson, representing the University of North Texas, has assured the City that the property owners in this area have agreed to the temporary closing of this road, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. That the following portions of the following named public streets within the corporate limits be temporarily closed to.public vehicular traffic between the hours of 6:00 p.m. and 10.00 p.m. on October 18, 1990: 1. Avenue E, from its intersection with Eagle Drive to its intersection with West Prairie Street, 2. Avenue D, from its intersection with Maple Street to its intersection with Highland Street; 3. West Mulberry Street from its intersection with Avenue D to its intarsection with Avenue C; 4. West Sycamore Street, from its intersection with Avenue E to its intersection with Avenue C, 5. Edwards Street, from its intersection with Avenue E to its intersection with Avenue D; 6. Highland Street, from its intersection with Avenue E to its intersection with Avenue C; and 7. Eagle Drive, from its intersection with the 1-35 service road to its intersection with Avenue C. SECTION II. That the City Manager is hereby directed to direct the appropriate city staff to work with the police department and the University of North Texas to erect barricades at each of the intersections designated in Section I hereof at 6:00 p.m. and to have the same removed at 10:00 p.m. on said date. PASSED AND APPROVED this the~day of ~, 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL PORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 A RESOLUTION APPROVING THE 1990-91 FISCAL YEAR BUDGET OF THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT PURSUANT TO ARTICLE 1432e V A T.S.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has been presented the 1990-91 Fiscal Year Budget of Denton County Emergency Communlcatlon District, hereinafter referred to as DENCO AREA 9-1-1, 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 The C~ty of Denton approves the budget SECTION II That this resolution shall take effect immediate- ly from and after its passage. PASSED AND APPROVED this the//Q~da_ y of October, 1990 BOB CASTLEBERRY, MAWR / ATTEST · JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. DEBRA A DRAYOVITCH, CITY ATTORNEY Nex Dociument RESOLUTION NO ~ A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF DECEMBER 4, 1990 TO DECEMBER 11, 1990, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the regular Council meeting of the City of Denton scheduled for December 4, 1990 is hereby postponed to December 11, 1990, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the regular Council meeting to be held on December 4, 1990 be postponed untllDecem~er 11, 1990. PASSED AND APPROVED this the ~/' day of ~, 1990 BOB CASTLEBERRY, MAYO/~ ATTEST. JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY RESOLUTION NO. ~ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON SUPPORTING JUDICIAL ACTION TO EFFECT A STATISTICAL CORRECTION OF THE 1990 CENSUS, AND DECLARING AN EFFECTIVE DATE WHEREAS, the 1990 Census will provide essential population statistics governing federal funding allocatIons and pol~t~cal representation for the next decade; and WHEREAS, the 1990 Census has been fraught with numerous operational problems, and WHEREAS, the 1990 Census is projected to contain not only an undercount of minorities but of non-minorIties as well, and WHEREAS, the preliminary census counts understated the population of the City of Denton, Texas, by an estimated SlX and one-half percent (6.5%), and WHEREAS, the Census Bureau has developed a statistical methodology for correcting the undercount but the Commerce Department has refused to use th~s corrective mechanism, and WHEREAS, federal disinvestment in key urban funding combined with federal restrictions on tax exemptIon have threatened and continue to threaten cities' abilitIes to cope w~th growing social and financial problems, and WHEREAS, the Constitution of the United States clearly states that all persons must be counted; and WHEREAS, the C~ty of Denton, Texas believes that all persons count; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. That the Clty Council of the City of Denton urges Congress and the President to enact legislation mandating a statis- tical correction of the 1990 Census SECTION II That the Clty Council urges the President and the Secretary of Commerce to adminIstratively agree to statistically correct the 1990 Census so as to reflect an accurate enumeration of the nation's population. SECTION III. That barring legislative or administrative remedies, the City of Denton supports judicial action to effect a statistical correction of the 1990 Census SECTION IV. That this resolution shall become effective immediately upon Its passage and approval ATTEST. JENNIFER WALTERS, CITY SECRETARY APPROVED AS LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY censusres PAGE 2 A RESOLUTION AUTHORIZING THE CLOSING OF PORTIONS OF EGAN STREET, LOVELL STREET, EAGLE DRIVE, DALLAS DRIVE, AND WALNUT STREET AS PROVIDED HEREIN, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Peter K Duchow Enterprises, Inc has requested the temporary closlng of certaln public streets for the purpose of filming a movie; and WHEREAS, Peter K. Duchow Enterprises, has assured the City that the property owners in this area have agreed to the temporary closing of these streets, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the portlons of the following streets are authorized to be closed to vehIcular traffic from the hours of 11 00 a.m. to 11.00 p m on November 16, 17, 19, 20, 21, 24, 26, 27, 28, 29 and 30, and December 1, 1990 (a) That portion of the eastbound lane of Eagle Drive from its intersection with South Locust to its intersection with Bell Avenue; and (b) That portion of Dallas Drive from its intersection with Johnson Street to its Intersection with Eagle Drive SECTION II That the portions of the following streets are authorized to be closed to vehicular traffic from the hours of 9 00 a m to 10:00 p.m. on November 10 and 12, 1990 (a) That portion of Egan Street from its intersection with Malone Street to its intersection with Bryan Street; (b) That portion of Lovell Street from its intersection with Congress Street to its intersection with Egan Street; and SECTION III That the portion of Walnut Street from its intersection with South Elm Street to its Intersection with South Locust Street is authorized to be closed to vehicular traffic from the hours of 3'00 p.m to 12:00 a m on November 9, 1990 SECTION IV. That the appropriate City Departments are directed to work with the film company and its contractors in effectuating the closings herein authorized. BOB CASTLEBERRY, ATTEST ' JENNIFER WALTERS, CITY SECRETARY BY ~'~ APPROVED AS TO LEGAL FORM. DEBRA A DRAYOVITCH, CITY ATTORNEY closl~ res i AGREEMENT BETWEEN THE CITY OF DENTON AND PETER K. DUCHOW ENTERPRISES, INC. PROVIDING FOR SUPPORT SERVICES WHEREAS, Peter K. Duchow Enterprises, Inc. is planning to shoot a movie on location within the City of Denton, Texas, at various times from November 16 to December 1, 1990; and WHEREAS, in order to facilitate the filming, they have requested that the City temporarily close portions of several public streets; and WHEREAS, the parties wish to enter 1nrc this agreement to provide for the necessary traffic controls, street improvements, and other services to facilitate the filming; NOW, THEREFORE, The Clty of Denton (City), and Peter K. Duchow Enterprises (Duchow) agree as follows: 1. Traffic Con~ro1. Duchow will contract, at no cost to the City, with a company to provide barricades and signs to reroute and control vehicular traffic around the street intersection is being closed. A traffic control plan shall be submitted to and approved by the City's Traffic Engineering Department prior to the closing of any streets. Duchow shall insure that the barricade company places all signs and barricades in accordance with the approved plan. Duchow shall also hire, at its own cost, a minimum of six police officers to control and direct vehicular traffic during the time the streets are closed. 2. RepeAt and WAdenAng of Streets. The City shall be responsible for repairing and widening the streets on which detoured traffic is to be routed. To secure the payment of costs for street improvements, Duchow shall, prior to the closing of any streets, deposit four thousand dollars ($4,000.00) with the City. The City shall keep itemized accounts of the costs incurred for street improvements during the time of the street closings. When the streets are permanently reopened, the City shall deduct the costs from the amount deposited and return the excess funds, if any, to Duchow. 3. PAre support Personnel. Duchow will pay the City $17.00 per hour to provide for a City fire inspector to be on location during the filming of a camp fire scene. 4. Insurance. Duchow shall maintain in effect at all times from November 16 to December 1, 1990, at its own expense, Comprehensive General Liability Insurance covering its operations within the City, for bodily injury and property damage in the minimum amount of $1,000,000.00 combined single limits on a per occurrence basis. All policies shall be issued by a company authorized to do business in the State of Texas, copies of which shall be provided to Lessor. 5. Indemnity. Duchow agrees to and shall indemnify and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the activities performed by Duchow within the City or under this agreement, whether such injuries, death, or damages, are caused by the City's sole negligence or the Joint negligence of the City and any other party. 6. Ter~. This agreement shall terminate when the filming at the site is completed and the streets permanently reopened. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY DEB~-A~. D~YOVITCH, CITY ATTO~EY PETER K. DUCHOW ENTERPRISES PAGE 2 10/30/90 Incorporated EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Marsh & McLennan 3303 Wtlshtre Boulevard COMPANIES AFFORDING COVERAGE Los Angeles GA 90010 (213) 736-7946 (Entertainment) (213) 736-8545 (Casualty) LETTER A American Casualty Company (CNA) -- LE~ER B Transcontinental Insurance Peter K Duchow Enterprises, Inc 2046 Scripture Road LEttER O Continental Casualty Company (CNA) Danton TX 76201 COMPANY D GENERAL LIABILITY COMMERCIAl GENERAL LIABILITY G200523516 07/31/90 07, ,,OM~,OPS ~e~T~ 1 I '"1 AUTOMOBILE LIABILITY ANY AUtO B000537068 07/31/90 07/31/91 ALL OWNED AUTOS $CHEOULEO AUTOS NON OWNED AUTOS GARAGE LIABILIIY *A DEDUCTIBLE OF $ 00 COMPREH NSIVE AND PHYSICAL DAMAGE* $500 COLLISION (C(RPORATE VEl ICLES) I ~ Umbrella U100614536 07/31/90 07/31/91 $ 9,000, $ 9,000, [] ~ OTHER THAN UMBRELLA FORM ......... - STATUTORY AND y) 7/ /90 07/31/91 $--~, 000, leac. C W00599151 V$ l, 000, (DISEASE EMPLOYERS LIABILITY 11 er States $ 1,000, (A Otb ) ____ IA]°~tmertatnment Packa E000612464 07/01/00 07/01/03 1~5,~;', ;;X~";am Liability [] I *DEDUCTIBLE OF Si,C00 ON 155,000, Misc Equipment [] I NON-OWNED VEHICLE~ I$~.~J~00 P~ Ward iDESCRiPTiONOFOPERATIONSILOCATIONSIVEHICLESIRESTRICTIONSlSPEClALHt:M~ /Remarks/Additional Insureds robe Production Mtttelman' s Hardware ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EX PIRATION DATE THEREOF THE ISSUING COMPANY WILL ~X~X Czty of Denton MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 215 East McKznney LEFT S~ AUTHORIZ[D REPRESENTATIVE Marsh& McLenna~t~ 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 Steve Purlfoy, a member of the Board of Managers of the Denco 9-1-1 District 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 Communica- tIon Dlstrlct shall be appointed jointly by all cities and towns lying wholly or partly with the district, and WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES S~CTION I That the City of Denton, Texas hereby nomlnate John F. McGrane as a member to the Board of Managers of the Emergency Communication District of Denton County SECTION II That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~'~day of November, 1990. BOB CASTLEBERRY, ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A DRAYOVITCH, CITY ATTORNEY A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Mayor is authorized to execute an agreement between the City of Denton and the County of Denton for the provision of library services under the terms and conditions contained in the agreement attached hereto SECTION II. That this resolution shall become effective immediately upon its passage and app. r~ov~l PASSED AND APPROVED this th~day of ~, 1990 BOB CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM- DEBRA A DRAYOVITCH, CITY ATTORNEY )SS. COUNTY OF DENTON. ) INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered Into this~d~ay of ~, 1990, by and between DENTON COUNTY, a polit- ical subdivision of Texas, hereinafter referred to as "County," and the CITY OF DENTON, a municipality of Denton County, Texas, hereinafter referred to as "Municipality." WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county gov- ernment and related services for the benefit of the citizens of Denton County, and WHEREAS, Municipality is a duly organized municipality of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of Denton County, Texas, and WHEREAS, County and Municipality desire to improve the efficiency and effectiveness of local governments by authorizing the fullest possible range of intergovernmental contracting authority at the local level for all or part of the functions and services of police protection and detention services; fire pro- tectIon, streets, roads and drainage; public health and welfare, parks, recreation; library services; museum services, waste disposal; planning; engineering, and administrative functions such as tax assessment and collection, personnel services, pur- chasing, data processing, warehousing, equipment repair and printing; and WHEREAS, County and Municipality mutually desire to be subject to the provisions of TEX REV CIV. STAT Art 4413 (32c) (Vernon Supp ), the Interlocal Cooperation Act, NOW, THEREFORE, County and Municipality, for the mutual consideration hereInafter stated, agree and understand as follows: I. The effective date of this agreement shall be the 1st day of October, 1990 II The ~nit~al term of this agreement shall be for the per~od from October 1, 1990 through September 30, 1991 III For the purposes and consIderation herein stated and contemplated, County shall provide the following necessary and appropriate services for the residents of Municipality to the maximum extent authorized by this agreement without regard to race, relIgion, color, age and/or national origin, to-wit L~brary services and other related services for the benefit and to serve the public conveniences and necessIty of the citizens of Denton County, Texas IV Durlng the term of this contract, upon proper presen- tatlon of proof by indivIdual(s) of residence in Denton County, Texas, such indivIdual(s) shall be entitled to be issued, at no cost, a library card to be used in connectlon w~th sa~d l~brary services. V. County shall designate the County Judge to act on behalf of County and serve as liaison officer for County w~th and between County and Municipality. The County Judge or hls designated substitute shall insure the performance of all duties and obliga- tions of County herein stated and shall devote suff~clent time and attention to the execution of sa~d duties on behalf of County · n full compliance with the terms and conditions of this agree- ment, and shall provide immediate and direct superv~slon of County's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and Municipality. VI. Municipality shall designate Lloyd V Harrell to act on behalf of Municipality and to serve as liaison officer of Municipality with and between Municipality and County t~ insure the performance of all duties and obligations of Munici- pality as herein stated and shall devote sufficient time and attention to the execution of said dutles on behalf of Municipal- ity · n full compliance with the terms and condItions of th~s agreement, and, shall provide immediate and direct supervision of Mun~clpallty's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of Municipality and County. VII. The Municipality shall be solely responsible for all tech- niques, sequences, procedures, and means and for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dedlcate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the Municipality stated in this agreement and give all attention necessary for such proper super{islon and direction. VIII. County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's employees, agents, sub-contractors, and/or contract laborers and for those of all other persons doing work under a contract or agreement with the County. IX. The Municipality agrees and accepts full responsibility for the acts, negligence, and/or omissions of all the Municipality's employees, agents, sub-contracts, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said Municipality. This agreement is not intended to extend the liability of the partles beyond that provided by law. Nelther Munlclpallty nor County walye~any immunity or defense that would otherwise be available to it against claims by third parties. XI. Municipality understands and agrees that the Munlclpallty~ · ts employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of County. XII. County understands and agrees that County, lts employees, servants, agents and representatlves shall at no tlme represent themselves to be employees, servants, agents, and/or representa- tives of Municipality. XIII. The address of County County Judge Denton County Courthouse-on-the-Square Denton, Texas 76201 Telephone: 817-383-0298 The address of Munlclpallty City of Denton 215 East McK~nney Denton, Texas 76201 Attention. Lloyd V. Harrell Telephone: 817-566-8200 ~V. For the servaces herean~bove stated, County agrees to pay Munacapal~ty fo~ the full performance of thls agreement, $1.20 per capita of 89,572 or the s~ of ONE HUNDRED SEVEN THOUSAND FOUR HUNDRED EIG~Y SIX DOLLARS ($107,486) to be paad an equal quarterly anstallments of TWENTY SIX THOUSAND EIGHT HUNDRED SEVENTY ONE AND 50/100 DOLLARS ($26,871.50) commencing October 1, 1990. In addition, County agrees to pay Munaclpal~ty SEVEN THOUSAND SIX HUNDRED NINE DOLLARS ($7,609) ~n matching funds upon the Denton County Auditor's receapt of proof from the Munac~pal~- ty that revenue from sources other than Denton County has been receaved and that thas anformataon shall be provided each quarter to County and wall be matched an full each quarter until such t~me that the $7609 has been paid. County understands and agrees that payment by County to Munlc~palaty shall be made ~n accord- ance wath the normal and customary processes and business proce- dures of County. XV. Th~s agreement may be termanated at any tlme, by either party giving s~xty (60) days' advance wratten not~ce to the other party. In the event of such termlnatlon by eather party, Mun~c~- palaty shall be compensated pro rata for all servaces performed to termanataon date, together w~th reambursable expenses then due and as authorized by th~s agreement. In the event of such terma- nataon, should Municipality be overcompensated on a pro rata bas~s for all services performed to termanatlon date or be over- compensated for reambursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensatlon. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XVI. This agreement represents the entire and integrated agree- ment between Municipality and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written Instru- ment signed by both Municipality and County. XVII. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Denton County, Texas. XVIII. In the event that any portion of th~s agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XIX. The undersigned officers and/or agents of the parties hereto are the prope~l~ authorized officials and have the necessary authority to execute this agreement on behalf of the part~es hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals in Denton County, Texas, the day and year herelnabove written. COUNTY MUNICIPALITY le. Mayor Acting on behalf of and by the Acting on behalf of authority of the Commissioners by the authority of t~e Court of Denton County, Texas Municipality ATTEST. APPROVED AS TO FORM AND CONTENT: Attorhe~fY~r Denton County STATE OF TEXAS, ) )SS. COUNTY OF DENTON. ) BEFORE ME, the under~l~n~ author~y, on _th. is date personally appeared Honorable ~///~ /~~/~ , Denton County Judge, known to me to be the person 481ose name is subscribed to the foregoing Instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of sald County. ~/~3~ ~ ~ GIVSN u~der~fKJ~-~ ' my hand and sea~l of off~ce this ~ day No ~y PubIi~ for TeXas~j~ ~ ~ ~0~ ~ ~ Co~Z~lSslon expires: ~/ STATE OF TEXAS~ ~ ) )ss. COUNTY OF DENTON. ) BEFORE ME, the ~nderslgned authority, on th~s date personally appeared ~ (L~'F~'~E~Y , known to me to be the person whose nar~e is-subscribed to the foregoing instrument and acknowledged to me that (he) (she) executed the foregoing Inter- local Cooperation Agreement for the purposes and consideration therein expressed and in the capacity therein stated and as the act and deed of said 0~ l~/ . GIVEN under my hand and seal of office this ~&~ day of ~OV~/~&o~ 19 ~O · (Not~ry Pub~fc for Texas Commission expires: ~9~-/~ ~ A RESOLUTION APPOINTING MEMBERS TO THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office for Places 2 and 4 on the Board of Directors of the North Texas Higher Education Authority, Inc , having expired, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES. SECTION I That Mr Governor Jackson is hereby reappointed to Place 2 on the Board of Directors of the North Texas Higher Education Authority, Inc for a term commencing October 1, 1990 and contInuing through September 30, 1992 SECTION II That Ms Neta Stallings is hereby appointed to Place 4 on the Board of Directors of the North Texas Higher Education Authority, Inc commencing October 1, 1990 and contInuing through September 30, 1992. SECTION III. That this resolution shall become effective from and after its date of passage PASSED AND APPROVED this the~.~/~day of ~, 1990 BOB CASTLEBERRY, MAY? / ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY c(o3r R SOLUT ON NO. A RESOLUTION AUTHORIZING THE TEMPORARY CLOSING OF PORTIONS OF EAGLE DRIVE AND DALLAS DRIVE AS PROVIDED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Peter K. Duchow Enterprises, Inc has requested the temporary closing of certain public streets for the purpose of f~lmlng the movie "Mlttelmann's Hardware"; and WHEREAS, the City Council is optimistic that the citizens of Denton will benefit indirectly from the national exposure this film will create for the City; and WHEREAS, the unexpected illness of actor George C. Scott has delayed filming during the days in which the streets were previously closed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the l~sted portions of the following streets are hereby closed to vehicular traffic from 11:00 a.m to 11:00 p m., and from December 3, 1990 to December 15, 1990, to allow f~lmlng of the movie "M~ttelmann's Hardware": (a) That portlon of the eastbound lane of Eagle Drive from its intersection with South Locust to ~ts intersection with Bell Avenue; and (b) That portion of Dallas Drive from its intersection with Johnson Street to its intersection with Eagle Drive. SECTION II. That the appropriate City Departments are directed to work with the film company and its contractors in effectuating the closlngs herein authorized. SECTION III. That this resolution shall take effect · mmedlately upon ~ts passage and approval. PASSED AND APPROVED this the~9~ day of November, 1990. BOB CASTLEBERRY~ ~LAYOR ' /~. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, ~ITY ATTORNEY Ne' DoCument ! A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JANUARY 1, 1991 TO JANUARY 8, 1991; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the regular Council meeting of the City of Denton scheduled for January 1, 1991 is hereby postponed to January 8, 1991; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: S~CTION I. That the regular Council meeting to be held on January 1, 1991 be postponed until January 8, 1991. PASSED AND APPROVED th~s the / /~day of December, 1990. BOB CASTLEBERRY, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: /Y%~_~ ~ _ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY lnjur A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING AN OCCUPATIONAL INJURY BENEFIT POLICY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has consistently ma~ntalned a policy of ensuring the health and safety of its employees by providing for workers' compensation benefits and wage supplemen- tation; and WHEREAS, the Seventy-first Legislature of the State of Texas has made extensive changes to the law governing workers' compen- sation benefits; and WHEREAS, the above changes in Texas law necessitated a new City policy to reflect these changes in the law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' 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: 409.1 Occupational Injury Benefit Policy SECTION II. The foregoing policy ~s attached hereto and made a part hereof and shall be f~led in the official records w~th the C~ty Secretary. SECTION III. That the foregoing policy 409.1 shall be effective only for injuries sustained on or after January 1, 1991. Existing pollcles 107.06 (Occupational Injury Benefit Policy) and 107.07 (Wage Continuation) shall continue in effect only for · n]urles sustalned before January 1, 1991. Ex~stlng policy 107.07 (Wage Continuation) is hereby repealed, effective February 13, 1991. SECTION IV. 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 admlnlstrat~ve procedures and directives ~ssued under the authority of the C~ty Manager implementing the policy hereby adopted. SECTION V. That if any sectlon, subsection, paragraph, sentence, clause, phrase or word in this resolution, the attached policy or the application thereof to any person or c~rcumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of th~s resolution or pollcy, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions desplte any such ~nvalldlty. SECTION VI. That this resolution shall become effective on January l, 1991. PASSED AND APPROVED this the //~'~day of December, 1990 BOB CASTLEBERRY, MAYO~/ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY CITY OF DENTON FAGE REFERENCE SECTION NUMBER ~z~c~/~s~ ~G~T 409.1 EFFECTIVE [3ATE SUBJECT ~MPLOYEE BENEFITS AND SERVICES ~EP~ACES 107 TITLE 107 07 OCCUPATIONAL %NdURY BBNMFIT POLICY POLICY STATEMENT= It is the City of Denton~s policy to provide worker's compensation benefits to regular, full-time, regular part-time, temporary and seasonal employees, as detaileO in Tex. Rev. Civ. Stat. Ann. art. 8309h (the "Act"). This policy seeks to establish procedures which ensure the efficient application of the Act. The City also seeks to establish procedures which ensure the fair application of a wage supplementation program for eligible full-t~me workers who are, injured on the job and are unable to perform their regular dutles as a result of these injuries. ADMINISTRATIVE PROCEDURES I. DEFINITIONS A. "Act" means Tex. Rev. Civ. Stat. Ann. art. 8309h (Vernon Supp. 1991)~ or its successor~ as same may be amended from time to time. B. "Benefit" means a benefit received based on a compensable [n]ury. The term includes a medical benefit, an income benefit, and a death or burial benefit. C. "Busxness necessity" terminations occur when a division's productivity is adversely affected because an employee is unable to perform his regular duties as a result of an on-the-iDb ~n3ury. D. "Compensable injury" means an ~njury that arises out of and ~n the course and scope Of employment for which compensation ~s payable under this Act. E. "Compensation" means payment of medical benefits, income benefits, death benefits, or burial benefits. F. 'Course and scope of employment" means an activity of any k~nd or character that is related to and originates in the work, bus,ness, trade, or profession of the employer, and that is performed by an employee while engaged in or about the furtherance of the affairs or business of the employer. Page 2 of 16 POLICY/ADMINISTRATIVE PROCEDUI~E/ADMINISTRATIVE DIRECTIVE (Continued) IREFBRE~CE TITLE: OCCUPATIONAL INJURY BENEFIT POLICY ~NUMBER. 409 1 G. "Full Duty Status" shall mean that the employee has been certified by his Or her physician to assume his or her normal job duties without restrictions. "Impairment" means any anatomical or functional abnormality or loss existing after maximum medical improvement that results from a compensable injury and is reasonably presumed to be permanent. I. "Impairment rating" means the percentage of permanent impairment of the whole body resulting from a compensable in3ury. J. "Injury" means damage or harm to the physical structure of the body and those diseases Or infections naturally resulting from the damage or harm. The term also includes occupational diseases. K. "Maximum medical improvement" means the earlier of 1. the point after which further material recovery from or lasting improvement to an in]ury can no longer reasonably be anticipated, based on reasonable medical probability; or 2. the expiration of 104 weeks from the date income benefits begin to accrue. L. "Net after tax pay" shall mean the employee's regular rate of pay after deductions for income tax withholding and social security. M. "Net pre-~n]ury wages" shall mean the total of all Net after tax pay paid to the employee during the thirteen (13) consecutive weeks immed~ately preceding the injury, divided by thirteen (13). N. "Occupational disease" means a d~sease arising out of and in the course of employment that causes damage or harm to the physical structure of the body. The term includes other diseases or infections that naturally result from the work-related disease. The term does not include an ordinary disease of life to which the general public is exposed outside of employment, unless that d~sease is an incident to a compensable injury or occupational disease. O. "Regular, full-time employees" are employees budgeted to work at least forty (40) hours per week on a continuing basis. Page 3 of 16 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE TITLE~ OCCUPATIONAL INJURY BENEFIT POLICY NUMBER. 409 1 P. "Treating doctor" means the doctor who is primarily responsible for the employee's health care for the injury. Q. "Wage supplement" is that portion of an injured employee's salary paid by the City to augment workers' compensation payments. II. GENERAL RULES A. When an employee is injured within the course and scope of his or her employment with the City of Denton, he or she may be eligible for Workers' Compensation payments pursuant to State law. Workers' Compensation pays for= 1. reasonably required and necessary medical treatment; 2. a statutory amount of weekly benefits in lieu of salary for inability to work due to the injury; 3. additional monetary benefits for permanent disabilit~es suffered as a result of the 1n]ury, and 4. death benefits for widows and dependents of employees k~lled in industrial accidents. B. The Act applies to regular full-time, regular part-time, and temporary employees. The Act applies only to physical injuries and occupational diseases that arise out of and ~n the course of employment. It does not apply to natural illnesses which are not caused or aggravated by any such physical ~n]ury. C. An employee who ia injured on the job must not~fy h~s or her supervisor immediately unless the 1njury is of a nature that prohibits notification, such as unconsciousness. D. The Risk Management Office shall be responsible for the overall supervision, coordination, and implementation of the City's Workers' Compensatxon Program. All questions relative to the specific application of the Act should be directed to the Risk Manager, who will coordinate w~th the Legal and Personnel Departments, if appropriate. E. The City of Denton is not liable for workers' compensation if 1. the injury occurred while the employee was in a state of intoxication; Page 4 of 16 POLICY/%DMINISTRATIV~ PROCEDURE/ADMINISTrATIVE DIRECTI~ (Continued) REFBRENCE TITLEz OCCUPATIONAL INJURY BENEFIT POLICY NUMBER~ 409.1 2. the in]ury was caused by the employee's willful intention and attempt to injure himself or to unlawfully injure another person; 3. the employee's horseplay was a produc,n, cause of the injury; 4. the injury arose out of an act of a ird person intending to injure the employee because of personal reasons and not directed at the employee as an empl(yee or because of the employment; 5. the injury arose out of voluntary part~cipatlon in an off-duty recreational, social, or athletic activity not constituting part of the employee's work-related du~es, except where these activities are a reasonable expectancy of or are expressly or impliedly required by the employment; o~ 6. the injury arose out of an act of God, unless the employment exposes the employee to a greater rlsk )f ~n]ury from an act of God than ordinarily applies to the general public. F. In some cases, the position of an employee who has been injured on the Job may need to be filled due to busiless necessity. In such cases, his or her benefits under the Act will not be affected. Terminations will be carried out in accordance with State law and any policies of the City of Denton. G. No employee who is covered by the Act and whose employment status is less than a Pull Duty status shall e~gage in any employment whatsoever without the written approval )f the R~sk Management Office and Personnel Department. ! H. Employees who have been injured on the Jo~ and who engage in any secondary employment without approval oH the Risk Manager and Director of Personnel/Employee Relations% shall be subject to disciplinary action, III. SUPERVIBOR'S RESPONSIBILITIESz A. The supervisor shall ensure that all oc:upational in]uries are immediately reported. B. The supervisor shall arrange for a personal contact with all employees who suffer lost time injuries. The supervisor or h~s Page 5 of 16 POLICY/ADMINIET~ATIVE PROCEDURE/ADMIEISTRATIVE DIRECTIVE (Continued) REFERENCE TITLEs OCCUPATIONAL INJURY BENEFIT POLICY NUMBER= 409 1 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-be~ng of an injured employee can 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 analyze all accident reports and take appropriate, corrective action to minimize the re-occurrence of such accidents. D. The supervisor shall also forward to Risk Management a completed copy of the Designation of Dut~ Status form, which the injured employee shall provide to him. E. A First Re~ort Of Injury (form E-l) must be completed by the department and sent to the Risk Management Off~ce as soon as possible, no later than three (3) calendar days after any occupational injury. F. An Employer's Supplemental Report of In]ury (form E-2) must be completed by the department and submitted to the Risk Management Office within three (3) calendar days of the date 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 so, an E-2 must be completed at each status change. If an in]ured 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 triggered by the com~letion and timely submission of the E-2 form. The E-2 form muat be completed and submitted within three (3) calendar days of the status change. G. If an employee is seriously injured or dies, the R~sk Management Office must be notified immediately. If the accident occurs other than during normal working hours, the department should immediately notify the Risk Manager at his residence. Page 6 of 16 POLICY/ADNINIS~TIVB PROCEDURE/ADMINIStRATIVE DIRECTIVE (Continued) TITLE: OCCUPATIONAL INJURY BENEFIT POLICY INUMBER: 409 1 H. Department Directors shall devote particular attention to making sure that all provisions of this regulation are understood by both supervisors and employees in their departments. It ~s of particular importance that Department D~rectors and supervisory personnel require employees returning from an examination or treatment to deliver a completed copy of the City's Designation of Duty Status form as specified by this policy. I. Each Department Director shall establish a policy statement regarding accident prevention. The policy statement shall establish realistic goals and objectives for controlling occupational injuries. J. Each supervisor shall notify any injured employee of his Or her obligation to contact the supervisor at least once each week, and that failure to do so could sub3ect the employee to disciplinary action. IV, INDIVIDUAL ENPLOYEES' RESPONSIBILITIES: A. Each employee who is injured on the Job must immediately notify his or her supervisor when the in]ury occurs, unless the injury is of a nature that prohibits such notification. The Act re quires an employee to notify his or her employer within thirty (30) days of the date of the injury and to report such injury to the Texas Workers' Compensation Commission (TWCC) within one (1) year. The TWCC will send forms to the employee to be completed. An employee may forfeit his or her rights to all benefits ~f he or she fails to notify his or her supervisor or the TWCC. B. It is the responsibility of the employee injured on the 3ob to have the City's Designation of Duty Status form filled out by the examining physician and returned to his or her supervisor immediately. C. An employee who is on occupational ~njury leave must contact his or her supervisor at least once each week. If the employee ~s unable to make contact personally, he or she shall have someone contact his Or her supervisor on his or her 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. Page 7 Of 16 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REPER~E TITLE~ OCCUPATIONAL INJURY BENEFIT POLICY NUMBER. 409 1 D. An employee who fails to contact his or her supervisor in accordance with the above requirements shall be subject to disciplinary action in accordance with the City's d~sciplinary policy. V. NON-CIVIL SERVICE EMPLOYEES' EMPLOYMENT STATUS A. This section does not apply to employees governed by Chapter 143 of the Texas Local Government Code, as amended. B. The employment status of an employee who suffers an occupational injury or illness shall be governed ~n accordance with the following provisions: 1. An employee shall be required to return to work immediately when released to do so by the examining physician. Failure to return to work when released shall result in appropriate disciplinary action. 2. An employee who is released to return to work in less than a Full-Duty Status by the examining physician may be required to work in a position or department other than h~s or her original position or department. Work duties shall be assigned in accordance with the employee's llmitations and the best interests of the City. 3. No less-than-full-duty assignments will extend beyond one hundred twenty (120) calendar days after an injury. C. A Workers' Compensation Committee shall be formed to review the administration and implementation of the City's Workers' Compensation Program. The committee shall meet as required, but not less than twice per year~ to review injury trends, rates, cost, safety procedures~ and Risk Retention Fund status. 1. The committee shall be composed of a. Deputy City Manager as Chairperson; b. Risk Manager; c. Personnel Director or designee; and d. Department representative(s). Page 8 of 16 POLICY/ADMINIST~_ATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) tR~KENCE TITLE: OCCUPATIONAL INJURY BENEFIT POLICY ~NUMBBR: 409 I VI. MEDICAL BENEFITS A. Entitlement to Medical Treatment: 1. An injured employee is entztled to all health care reasonably required by the nature of the compensable injury as and when needed. Medical benefits are payable from the date of injury arising out of and in the course and scope of employment. The employee is specifically entitled to health care that. a. cures or relieves the effects naturally resulting from the compensable in3ury; b. promotes recovery; or c. enhances the ability of the employee to return to or retain employment. 2. Except in an emergency~ all health care must be approved or recommended by the employee's treating doctor. 3. Liabillty for medical benefits may not be limited or terminated by agreement or settlement. B. Right to Select a Doctor [effective until January 1, 1993] 1. The injured employee is entitled to his or her initial choice of a doctor. An initial choice of a doctor made by the employer or medical treatment provided to an injured employee in an emergency situation does not constitute the employee's choice for purposes of this section. a. The employee may change doctors once on submission to the commission in writing of the reasons for the employee's change in doctors. b. A third or subsequent doctor selected by the employee is subject to the approval of the City's Risk Manager or the commission. C. R~ght to Select a Doctor [effective on or after January 1, 1993] Page 9 of 16 POLICY/AD~TNISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continue4) REFERENCE TITLE~ OCCUPATIONAL INJURY BENEFIT POLICY NUMBER. 409.1 1. Except in an emergency, the commission shall require the employee to receive medical treatment from a doctor chosen from a list of doctors approved by the commission. The employee is entitled to the employee's initial choice of a doctor from the commission's list. 2. If the employee is dissatisfied with the initial choice of doctor from the commission's list, the employee may notify the commission and request authority to select an alternate doctor. The notification should be in writing stating the reasons for the change, except notification may be by telephone when a medical necessity exists for immediate change. VIIo WORKERS' COMPENSATION INCOME BENEFITS A. Temporary income benefits. 1. An employee injured within the scope and course of his employment with the City is entitled to temporary income benefits to the extent provided by the Act as the same may hereafter be amended. 2. The Act provides that these benefits are paid weekly and accrue beginning on the eighth (Sth) day of disability. Temporary income benefits continue until the employee has reached maximum medical improvement or upon the expiration of 104 weeks from the date income benefits begin to accrue, whichever is earlier. 3. Temporary income benefits are paid at the rate prescribed by the Act, as the same may be amended. The Act provides that these benefits are paid at the rate of seventy percent (70%) of the difference between the employee's average weekly wage and the employee's weekly earnings after the injury. The Act also provides that if the employee's hourly rate is less than ~8.50 per hour, he or she will be paid at the rate of seventy-five percent (75%) of the difference. B. Impairment Income Benefits. 1. After maximum medical improvement is attained, employees may be awarded Impairment Income Benefits based on an impairment rating determined by a doctor. Page 10 of 16 POLICY/~DNINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE TITLE~ OCCUPATIONAL INJURY BENEFIT POLICY NUMBER= 409 1 2. Impairment Income Benefits are paid as established by the Act. The Act provides for weekly payment at seventy percent (70%) of the employee's average weekly wage. Entitlement under the Act begins the day after the employee reaches maximum medical improvement and continues for a period computed at the rate of three weeks for each percentage point of impairment, or until the employee's death, whichever 1s earlier. C. Supplemental Income Benefits. Employees may be entitled to Supplemental Income Benefits at the expiration of Impairment Income Benefits, provided they meet certain criteria established by the Act. D. Lifetime and Death Income Benefits. These benefits shall be paid as provided ~n the Act. VIII. INJURY LEAVE WITH PAY AND SHORT-TERM DISABILITY A. For the purposes of this section only, "physician" and "treating physician" shall mean a fully accredited and l~censed physician authorized to practice medicine in the State of Texas and approved by the City of Denton. E. Wage supplement benefits for civil servlce employees will be administered pursuant to Section 143 of the Texas Local Government Coder as amended. 1. Fire fighters and police officers subject to Chapter 143 of the Texas Local government code, as amended, are entitled under Chapter 143 to a leave of absence for an illness or injury related to the person's line of duty in lieu of a wage supplement. The leave ~s w~th full pay for a period commensurate with the nature of the line of duty illness or injury up to a period of one year. The city Council may extend this leave at full or reduced pay. Barring such action, the employee may then use accumulated sick leave, personal leave, or other accrued benefits. 2. An employee who is subject to Chapter 143 of the Texas Local Government Code, and who is injured on the 3ob will be paid Workers' Compensation indemnity payments in accordance with the Act. Any and all sums for incapacity received in accordance Page 11 of 16 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IREFERENCE TITLE~ OCCUPATIONAL INJURY BENEFIT POLICY ~NUMBER: 409 1 with Chapter 143 of the Local Government Code, or any other statutes now in force or effect providing payments for incapacity due to work-related illness or injury, shall be offset against the benefits provided by the Act to the extent applicable. Any benefits so offset shall be paid by the City or the employee into the employee's pensxon fund. C. In additxon to the benefits prescribed under the Act, the city of Denton will provide wage supplement benefits beginning on the eighth day after ln3ury for regular full-time employees who sustain an on-the-Job injury and, as a result, are not able to perform their regular duties. To receive th~s benefit, an employee must meet the following conditions: 1. The employee must obtain treatment from a physician approved by the City and must present a Desi~natlon of Duty Status form from the treating physician stating that the employee is unable to return to work. 2. The employee must be a regular, full-time employee. Temporary, part-time, and seasonal employees, and probationary employees wlth less than six months active full-tlme service credit are ineligible for injury leave with pay or short-term disability. D. Wage supplement benefits shall not be pa~d under the following conditions' 1. Wage supplement benefits will not be pald to employees who become unable to perform regular or full-time work as a result of any injury sustained prior to the date of employment w~th the City of Denton. This includes any later aggravation or re-injury while on the job w~th the City of Denton. 2. Wage supplement benefits will not be paid to employees who become unable to perform regular or full-time work as a result of an injury sustained whlle off duty. Neither will the City pay wage supplement benefits for any later aggravation or re-injury while on the Job w~th the City of Denton. 3. Wage supplement payments w~ll not be made to employees injured while traveling to or from work, engaging in "horseplay," or while they are Wintoxicated", as these terms are defined by the ACt. Page 12 of 16 POLICY/ADNINISTRATIVE PROCEDURe/ADMINISTRATIVE DIRECTIVE (Continued) [R,F~E~CE TITLEs OCCUPATIONAL INdUR¥ BENEFIT POLICY INUNBER° 409.1 4. Employees injured while failing to follow established City, Department or Division safety policies and procedures will be ineligible for wage supplement payments. E. An employee shall forfeit all rights to any continued wage supplement benefits if he or she. 1. Fails to give written consent for the release of all pertinent medical information to the city of Denton prior to receiving wage supplement benefits, or later withdraws consent while receiving wage supplement benefits. 2. Is found to be working for pay at any job not approved by the Director of Personnel and not specifically recommended by the treating physician. 3. Resigns for any reason while receiving wage supplement benefits. 4. Is discharged for any reason while receiving wage supplement benefits. 5. Consistently fails or refuses to comply with, follow, or consistently disregards or violates the treating physician's instructions regarding treatment of his or her ~nlury. 6. Retires or dies while receiv~ng wage supplement benefits. 7. Refuses to perform light, partial or part-time duty when offered by the City and authorized by the treating physician. 8. Refuses to accept or perform a different ]ob with the C~ty offered by the Director of Personnel when ~t is within the employee's physical capacity and if he or she is qualified or can be trained. 9. Falsifies or misrepresents his or her physical condition or capacity while receiving wage supplement benefits. 10. Refuses to return to regular duty on the next working day after he or she has been released to regular duty by the treating physician. 11. Fails to contact and notify his or her 1mmediate supervisor on a weekly basis of his or her condition and expected date of return. Page 13 of 16 POLICY/ADMINISTRATIV~ PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE TIT~E~ OCCUPATIONAL INJURY BENEFIT POLICY NUMBER~ 409 1 12. Refuses to be treated by a physician approved by the City or fails to provide certified documentation from the treating physician stating that he or she is not able to return to work. F. Wage supplement benefits will not be paid for any relapse or re-injury after the expiration of one year from the date of the original injury. G. Administrative procedures 1. Wage supplement benefits will be provided in accordance with Attachment One (1). The amount and length of time of such benefits will depend upon the employee's length of service with the City. 2. The total amount paid to an ln3ured employee while losing t~me from work will not exceed the full Net after-tax pay he or she would have received for such period at his or her regular rate Of pay. 3. Employees will be required to take sick leave, personal leave or compensatory time, in that order, during the first seven (7) calendar days of occupational disability. After the f~rst seven (7) days of disability, employees must come under the provisions of the Act and the wage supplement plan, and they will not be allowed to use s~ck leave, personal leave or compensatory time until the expiration of wage supplement benefits° 4. If the occupational disablllty lasts for less than twenty-eight (28) calendar days, sick leave, personal leave and compensatory time used during the first seven (7) days after injury w*ll be restored. 5. Employees who are absent from work due to an on-the-lob injury shall continue to accrue vacation and sick leave at regular rates, and maintain all other benefits allocated with their employment, for up to one hundred twenty (120) days, provided the absence is necessary and prescribed in writing by a physician. 6. Employees who are able to perform "light/ restricted duties" on a full-time basis as determined by the treating physician will be required to do so if a suitable job activity is available. Employees in this status may be assigned to another Department within the City. Page 14 of 16 pOLICY/~MTNISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVB (Continue4) TITLE~ OCCUPATIONAL INJURY BENEFIT POLICY INUMBER: 409 1 7. Employees who are able to perform their regular duties on an "abbreviated work day" basis, as determined by the treating physician, will be required to do so. Wage supplement benefits will be pro-rated accordingly. 8. Employees who are not eligible for wage continuation, or whose payroll check is less than their payroll deductions, are responsible for paying insurance premiums for their dependents, credit union loans and other deductions by means other than their payroll. It is the employee's respons~billty to make the appropriate arrangements. IX. INJURY LEAVE WITHOUT PAY A. This section does not apply to employees subject to Chapter 143 of the Texas Government Code, as amended. B. Employees who are unable to return to duty after exp~ration of short-term disability will be placed on injury leave without pay. C. While on injury leave without pay, employees may elect to use accrued leave on a pro-rated basis to supplement Workers' Compensation payments. Total pay w~ll not exceed the employee's net pre-injury wages. D. Injury leave without pay will expire not later than one hundred twenty (120) calendar days from the date of injury. E. Paid leave (sick leave and vacation) will cease to accrue after one hundred twenty (120) calendar days from the date of injury. F. Employees who are receiving no wage supplements from the City are responsible for making arrangements to pay dependents' insurance premiums, credit union loans and other deductions by means other than payroll deductions. G. Injury leave without pay status will not affect employee benefits under the Worker's Compensation Act. X. LONG-TERM DISABILITY A. This Section does not apply to employees sub3ect to Section 143 of the Texas Local Government Code, as amended. Page 15 of 16 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE TITLE~ OCCUPATIONAL INJURY BENEFIT POLICY NUMBER. 409.1 B. Employees may elect to apply for long-term disability in accordance with the City Ordinance. C, Employees shall contact the Personnel Department to determine eligibility requirements. 1881e cospr A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A CONFINED SPACE ENTRY POLICY; AND DECLARING AN EFFECTIVE DATE WHEREAS, the Council of the City of Denton, Texas finds that it is In the best Interest of its citizens and employees to maintain a work environment which conforms to nationally recognized safety standards; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: 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. 409.2 Confined Space Entry Policy SECTION II. The foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, are hereby rescinded to the extent they conflict with the foregoing policy and with any administrative procedures and directives issued under the authority of the City Manager Implementing the policy hereby adopted. SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this resolution, the attached policy or the application thereof to any person or circumstance is held invalid by any court of competent ]urlsdlctlon, such holding shall not affect the validity of the remaining portions of this resolution or policy, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remainIng portions despite any such invalidity. SECTION V. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED thls the //~-day of December, 1990 BOB 'CASTLEBERRY, MAYOR/ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAY0VITCH, CITY ATTORNEY BY, CITY OF DENTON FACE OF 4___ IllL_ ] POLIGY/ADMINZETRATIYB PROGBDt~RB/ADMINIETRATIYB DIRE(~TIVE t REFERENCE SECTION FInANCE/RISK MANAGEMENT NUMBER 409 2 I EFFECTIVE DATE SUBJECT CONFINED SPACE REPLACES TITLE CONFINED SPACE ENTRY POLICY STATEMENT It is the City's policy to enforce nationally recognized standards to assure that any' employee enterinE a confined space will not he unneeeBsarlly subJeoted to conditions that may cause injury, illness, or death Ail employees whose ~uties require that they enter a oonfined space shall be trained annually in the proper procedures for entry, work, observation and resoue aotivities Bmployees in this category shall follow all steps of the prooedures Bet forth in this policy This polioy applies to vendors and visitors &s well as City employees at all City looations and facilities ADMINISTRATIVE PROCEDURES I DEFINITIONS "Cqnfined Space" means any space which has limited openings for entry and exit, unfavorable natural ventilation which could contain or produce dangerous air contaminants, and which is not intended for continuous employee occupancy T_2~ical Hazards of Con£ined ~R~s__~ar~e o Oxygen Deficiency o Contact with Chemicals o Toxic Vapors o Excess Heat o Flammable Vapors o Moving Equipment o Electric Shock o Open Top Spaces Greater than Four o Hot Surfaces Feet in Depth o :Elevated or Slippery Surfaces o ,Hazards associated with welding, grinding, metal cutting, and the :use of solvents o Other Operations in the Immediate Area Examples of Confined spaces at City facilities include but are not limited to the following examples o Sewers o Boilers o IWater Storage Vessels o Containerized Welding o 'Meter Vaults o Lift Stations o Tunnels o Air Handlers o ~Manholes o Small Equipment Rooms o Trenches o Excavations Page 2 of 14 POLICY/A~MINISTRATIVE PROCEDURE~ADMINISTRATIVE DIRECTIVE (Continued) IREFERENCE TITLE' CONFINED SPACE ENTRY INUMBER. 409 2 II RESPONSIBILITIES ~nagement __Personnel - Rave responsibility for training personnel and enforcing this policy equally for vendors, service representatives and visitors, as well as City employees Department and Division Heads, in conjunction with the Risk Manager, shall identify the confined spaces in which their personnel work and shall ensure compliance with this policy Supervisors - Have primary responsibility for preparing the confined space for entry and preparing the permit Personnel Enterin~ and Their Supervision Have the obligation to critique the preparation and to safely implement the work activity within the confined space, and to sign the permit upon each entry R~sk Manager Has responsibility to periodically review and update this policy, and to serve as a resource to answer or resolve questions or problems concerning this policy Additionally, he shall assist in developing bid specifications for all safety equipment and devices, and to review and approve same prior to final purchase III APPLICATION AND TRAINING It is essential to train all employees who enter and work in confined spaces in the use of lifesaving equipment because of the hazards that might be encountered The training program to be conducted by the individual department or division - should be specifically designed for the types of confined spaces involved and the problems associated with entry and exit Training should be conducted by someone who is knowledgeable in all relevant aspects of confined space entry and exit, such as emergency exit procedures, hazard recognition, use of respiratory and safety equipment, First Aid and CPR, lockout and equipment isolation procedures, rescue, fire protection and communications Testing of employees should take place to evaluate competency and determine the need for any re-training IV PHYSICAL AND MEDICAL REQUIREMENTS OF CONFINED SPACE ENTRANTS A Management personnel are responsible for anticipating the hazards associated with entry into confined spaces and formulating physical and medical requirements for workers expected to enter confined spaces In doing so, consideration must be given to physical and medical requirements which would allow the worker to effectively cope with emergencies Page 3 of lJl POLICY/AI}MINIST~ATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IREFERENCE TITLE: CONFINED SPACE ENTRY INUMBER' 409.2 1 Management personnel are responsible for forwarding these requirements to the Personnel Department for inclusion within the minimum qualifications for these affected positions 2 Management personnel are responsible for re-training, re-assigning or terminating personnel who fail to meet these requirements Management personnel who have responsibility for confined spaces in which respirators will be required shall state as an additional requirement the ability of a confined space entrant to maintain a facial seal under emergency conditions B Supervisors shall not assign workers to enter confined spaces who fail to meet the physical and medical criteria applicable to the task 1 Supervisors shall exercise their best Judgment in assigning workers to enter confined spaces and may prescribe additional physical and medical requirements on the permit if warranted by particular conditions 2 Supervisors shall additionally check workers for signs of intoxication and fatigue before assigning workers to enter confined spaces 3 Supervisors shall not assign workers to enter confined spaces unless the supervisor is satisfied with the worker's ability to safely cope under adverse conditions C Workers whose Job duties require entry into confined spaces shall be responsible for continuously meeting the physical and medical requirements of their Jobs 1. Workers shall notify supervisors of any conditions or circumstances which would impair their ability to meet these requirements or which would otherwise make entry into a confined space unreasonably hazardous 2 Workers whose Job duties require the use of respirators shall periodically demonstrate their ability to maintain a facial seal under adverse conditions Page ~1 of 1~1 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IREFERENCE TITLE CONFINED SPACE ENTRY INUMBER 409.2 V PROCEDURE Preparation of the confined space for entry shall address the following subjects and, at a minimum, contain the requirements indicated A ~arricades an~ Warnin~ ~i.g.n_s In order to warn others from coming near the confined space, supervisors shall ensure that barricades and warning signs are placed at conspicuous locations in accordance with the City's Barricade Policy 200 01, whenever there is an excavation, open manhole, or suspected toxic substance present B Decontamination Supervisors and workers shall make a maximum effort to safely drain, clean, or otherwise eliminate flammable, toxic, or corrosive chemicals or vapors from the confined space The objective of decontamination procedures is to allow personnel to work safely in the confined space without the need of special ventilation or personal protective equipment C Isolation Workers and supervisors shall provide maximum separation of the work area to prevent entry of hazardous substances from surrounding areas D Lockout/Tabour Workers and supervisors shall physically de-energize and immobilize all equipment and sources of potentially hazardous energy release in accordance with appropriate lockout/ragout procedures 1 Detailed Lockout/Tagout Guidelines are at Attachment I E Ventilation Workers and supervisors shall liberally employ the use of mechanical air movers or blowers and strategically located venting to help assure that sufficient fresh air passes through the 1 The supervisor shall determine whether fresh air should be blown into the confined space or drawn in, depending upon the circumstances 2 Forced ventilation shall be maintained throughout the entry period 3 Ventilation shall be sufficient to provide a normal air exchange equivalent to three times the volume of the enclosure prior to entry, 6 to 12 times per hour thereafter Page § of 1~1 POLICY~AD~INI~TRATIVE PROCEDUre/ADMINISTRATIVE DIRECTIVE ~Continued) IREFERENC~ TITLE CONFINED SPACE ENTRY INUMBER 409 2 Testing Prior to initial entry, after each interruption, and during the entire Job sequence, workers and supervisors shall test for oxygen, flammable gas or vapor, and suspected toxic substances (e.g., H2S) 1 Testing shall be performed by a person trained in the use of the test equipment, familiar with the suspected hazards, and authorized to perform the tests 2 Testing instruments shall be used only within the calibration period specified and must be field checked for a qualitative response prior to testing the confined space 3 Final testing shall be performed with mechanical ventilation systems operating ;~ No person shall enter or allow any subordinate employee to enter any confined space unless final testing reveals that the oxygen level is at 19 5 23 5 percent, flammability is less than 10 percent of the lower explosive limit (LEL), and the concentration of toxic gas is less than the permissible exposure limits (PEL) established by OSHA Test results outside these limits require additional clean-up or special equipment and procedures before entry 5 ANY untested atmosphere shall be assumed to contain all hazards No person shall enter or allow a subordinate employee to enter an untested confined space Confined Space Entr~ Permit No person shall enter or allow a subordinate employee to enter a confined space unless an approved permit has been issued The permit shall provide information relative to the work assignment including, but not limited to, the following o Description of the confined space and work to be performed o Location of confined space o Preparations made for a safe entry with respect to decontamination, ventilation, isolation, lockout/ragout o Employees assigned to the Job o Testing requirements and results o Date and time. o Precautionary measures o Required safety and rescue equipment Page 6 of POLICY/A~MINIST~ATIVE PROCEDUR~{ADMINISTRATIYE DIRECTI¥~ (Continued) IREFERENCE TITLE CONFINED SPACE ENTRY INUMBER' I 4o9 2 o Proper signatures of all personnel involved in inspection, testing, and compliance prior to entry o Duration of permit I The supervisor shall be responsible for posting the permit at the point of entry 2 Permits shall be signed by the foreman/crew leader of the confined space and the tester A minimum of T~_Q signatures is required to assure that proper levels of communication are achieved 3 No permits shall be issued for a period of time longer than one shift For succeeding shifts, or if the work area is left unattended for more than one hour, the persons responsible for signing the permit shall again check all conditions of the permit, re-test the area, and appropriately sign the permit If left unattended for a shorter period, re-testing before re-entry may be required by the permit, depending upon the nature, location, and surrounding conditions of the confined space Situations involving toxic materials, flammable gases or corrosive materials shall require re-testing after any unattended period, regardless of length ~ Upon completion of the Job, the permit shall be returned to and retained by the department for a minimum of thirty days after completion of the entry if no deaths, injuries or serious adverse health effects resulted from that entry The supervisor is responsible for reporting any accidents involving injury to the Risk Manager in conformance with the Occupational Injury Benefit Policy 5 A sample entry permit is depicted in Attachment II Individual departments or divisions may utilize a revised version with written approval of the Risk Manager H. Special Safety Equipment Supervisors shall document on the permit any requirements for special safety equipment, such as harnesses, lifelines, breathing air, tripods, rescue winches, safety glasses, hearing protection, explosion-proof lighting and protective clothing Page 7 of 1~ POLICY/ADMINISTHATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IREFEHENCE TITLE' CONFINED SPACE ENTRY INUMBER 409 2 1 All persons enterinE a confined space that would require a vertical lift to make a rescue shall wear safety harnesses equipped with backup lifelines A tripod, hoist, and retrieval winch with supplemental fall protection shall also be utilized 2 All persons entering a confined space shall wear self-contained breathing apparatus in contaminated or dusty environments, where toxic concentrations are outside the limits set forth in Section V F ~1., where ambient conditions are subject to change, or where oxygen concentrations may drop below 19 § percent In areas classified by OSHA standards as Immediately Dangerous to Life environments (IDL's), breathing air shall be provided by the supervisor and used by the worker Communications systems (e g , hand-held walkie-talkies) must be operable from within the confined space and suitable for use in I SPecial Work Practices Supervisors shall give consideration to the nature of the work associated with each confined space entry permit with necessary precautionary measures specified on the permit 1 Supervisors shall notify others in the work area that a permit has been issued for personnel to work in a specified confined space 2 A ground fault interrupter is required when electric tools or extension lights requiring voltages greater than 2~ volts are to be used in a confined space Compressed gas cylinders, other than breathing air, shall not be taken into a confined space Il Special additional ventilation and/or breathing air shall be required when torch cutting or welding is done within a confined space Workers shall carefully check hoses and nozzles of cutting or welding equipment before use in a confined space Any potential fire hazard must also be reviewed by the supervisor and the appropriate action taken § No worker shall operate any pneumatic tool with any substance other than compressed air Page 8 of POLICY/A~MINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) {REFERENCE TITLE CONFINED SPACE ENTRY INUMBER 409.2 J Rescue Plan Supervisors shall ensure that permits for confined space entry specify a rescue plan and provide for an attendant to effectively and safely remove the individual(s) from the enclosure in the event of an emergency 1 Supervisors shall station at least one standby person outside the confined space when internal work is being performed This person's primary duties are to maintain constant verbal or visual contact with those inside the confined space and to summon emergency assistance if necessary The standby person shall be familiar with the permit procedure, be alert for changing conditions, know how to summon assistance immediately, know how to use all rescue equipment specified for the Job, and be currently certified in CPR/First Aid Re or she is expected to take all emergency actions short of entering the confined space until emergency assistance arrives Supervisors shall assign no duties to the standby person which would take him or her away from the point of entry However, he or she may be assigned duties pertaining to the confined space, such as o Assisting in checking safety equipment, o handing tools to workers inside confined space, o assisting personnel in and out of confined space, o keeping lifelines free o£ entanglement 2 Minimum safety and rescue equipment for ANY confined space entry requiring a vertical lift is as follows o Lifeline and harness (attached), o emergency breathing air supply of five minutes, o mechanical hoist; o First Aid equipment VI VIOLATIONS OF POLICY Ar~V employee who knowingly violates the mandatory requirements of this policy shall be subject to the full range of disciplinary action Page 9 of 1~ POLICY{A~MINISTI~AT~VE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) IR~FERENCE ~ITLE' CONFINED SPAC~ ENTRY IN~B~R. 409 2 VII EXCEPTION~ Any exceptions to this policy can be ma~e ONLY by approval of the Division or Department Nea~ AND the written concurrence of the Risk Manager 1679o 10/22/90 ATTACHMENT I LOCKOUT/TAGOUT OF ENERGY SOURCES Introduction There are many situations in the workplace where unexpected application of energy, machinery and equipment startup, or release of stored energy would endanger personnel or property These unexpected events could occur during routine operations as well as during installation, maintenance, repair, shutdown or mothballing operations Many fatalities, serious injuries and property damage have occurred as a result cf these unexpected events Therefore, specific procedures are necessary to ensure protection of personnel and property in, on, and around machines or equipment where such unexpected events could occur Standards, Regulations, and Guid_e_l_$n_~[ Several safety-related documents address the problem of unexpected application or release of energy and how LOCXOUT/TAGOUT procedures can help eliminate or at least minimize the hazard A partial listing follows These documents should be reviewed for details in implementing LO/TO procedures ANSI Z2~S~ 1-1982 Minimum Safety Requirements for Personnel Protection - Lockout/Tagout of Energy Sources NFPA 70 E Electrical Safety Requirements for Employee Workplaces NIOSH 83-12§ Guidelines for Controlling Hazardous Energy During Maintenance and Servicing OSHA Standard 1910 1~17 Control of Hazardous Energy Sources (Lockout/Tagout), Effective date 10/31/89 (Note This standard supplements other related standards, e g , 1910 178, 1910 213, 1910 217, etc ) Definitions 1 Energy Isolation Device (EI~ A physical device that prevents transmission or release of energy, including manual circuit breakers, switches, valves, gates, slip blinds, and similar devices 2 LockQut/Tagout (LO/TO)' The placement of one or more locks or a tag on an EI device in accordance with an established procedure, indicating that the EI device shall not be operated until the lock(s)/tag is removed according to the procedure NOTE Tagout alone does not offer the positive protection of lockout, and therefore the lockout procedure should be used if at all possible Attachment I Page 2 TaM A warning device which can be securely attached to the EI device to forbid its operation and to identify the person applying the tag or the procedural control authority Lockout/Tagout Procedures - Prepl~ning The following steps must be accomplished prior to using the LO/TO procedure 1 Identify all energy sources and exposures to determine if energy isolation is possible IF not possible, modify as necessary to allow positive isolation 2 Identify EI devices as to function, labeling and applicable LO/TO method Obtain LO/TO materials and hardware, including padlocks, chains, multiple-lock hasps, and tags These items should be of a distinctive, standardized design and appearance, and should be issued or made available to appropriate persons Employees must not be required to purchase or furnish their own devices ~ Assign duties and responsibilities to knowledgeable persons who will be implementing LO/TO procedures § Develop checklists or other step-by-step procedures For each de-energizing or energy-applying process It is recommended that all such procedures be pre-cleared through the Risk Manager Lockout/~a~out Procedure__s__u_I_m_~lementation Noti£y all personnel who will be affected by the LO/TO procedure through work permits, special briefings, attention to special problems, and review of plans as necessary Turn off or shut down equipment and processes, including computerized starting systems or timers, using appropriate procedures This must be done only by authorized personnel Ail involved EI devices shall be located and operated so as to isolate the equipment or process From potential energy sources Attach or apply appropriate LO/TO devices to the EI device(s) This must be done only by authorized personnel Lockouts shall hold the energy isolating device in a safe position, and ragout devices shall be attached so as to forbid operation o£ EI devices Verify isolation by either a attempting to operate the equipment or process controls (e g , start buttons, switches, etc ), or Attachment I Page 3 b testing the equipment or process for isolation by using test .equipment or visual inspection MO~T~ Be sure to return start ~controls, etc , to the off or neutral position after verification 5 Sto~ed energy must be relieved, disconnected, restrained or otherwise rendered safe. 7 LO/TO procedures must include provision for notification and protection of outside personnel, such as service representatives or contractor employees who may be exposed to energy-related incidents in their work 8. When crew, craft, or other group LO/TO devices are used, they shall afford affected employees the same level of protection as a device appYied by a single individual 9 Supervisors shall ensure that LO/TO will continue during shift or personnel change 10 If there is need for testing or positioning of energy isolated equipment, follow these steps a Inspect and clear the equipment of tools and materials b Clear employees from the area c Clear the control of locks/tags according to a prearranged procedure d Energize the equipment and proceed with the test or positioning e 'De-energize the equipment, reapply LO/TO as previously done, then continue the work Lockout/Tagout Procedures - Release 1 Before energy is restored to the equipment or process, an authorized person must' a inspect the area to ensure all nonessential items have been removed and that all components are operationally intact, and b conduct a personnel count or similar procedure to ensure that all personnel are safely positioned or removed 2 Each LO/TO device must be removed only by the person who applied it or by another person as authorized by the established procedure ~pecificlRecommendations In order to ensure protection of employees who might be exposed to unexpected application or release of energy, the following recommendations are made Attachment I , Page ~1 1 DeveLop, document, and implement a Lockout/Tagout procedure for your operations (This policy should be applicable to employees engaged in erecting, installing, constructing, repairing, adjusting, inspecting, operating, or maintaining equipment/processes, and should outline purpose, responsibility, scope, authorizations, rules, definitions, and application measures A generalized policy is contained in ANSI Z2~I~ 1-1982 and OSHA Standard 1910 1~17 ) 2 Procure appropriate lockout/ragout equipment and issue or assign it to appropriate personnel (This equipment must be used only for LO/TO purposes Durability, standardization [type, color, etc ], substantial strength, and ease of identification are important features to be considered ) $ Develop, implement, and document an appropriate training program for persons affected by the LO/TO procedure (Training must address the purpose and use of the LO/TO procedure, desisnation of authority, specific steps in LO/TO, and equipment usage and maintenance Periodic retraining in safety meetings or by personal contact is important ) Conduct and document inspections to ensure compliance with the established LO/TO procedure (Such inspections must he conducted by persons authorized to halt operations not in compliance with the procedure Appropriate reporting and disciplinary measures should be included ) Conclusion LO/TO is a relatively inexpensive and easily applied procedure that can pay large dividends in the protection of employees and property It is imperative that it be used to protect against unexpected application or release of energy Information contained herein is based upon sources deemed reliable This information should not be interpreted as insurance requirements nor used when contradictory to any applicable legal requirements 16790 ATTACHMENT II Confined Space Entry Permit Location/Description of Space Purpose of Entering Space Employees Performing Work' Department Precautions to be Taken YES NO Employees Qualified Safety Observer? Name Space Cleaned? Atomsphere Tested? Results Oxygen Content. Must be 19 5%- 23 5% Flammable Vapors Must be < 10% of LEL Toxic Gases' Must be < PEL of gas Periodic or Continuous Monitoring Required Lines to space blanked or disconnected? Lock-out Devices? .... Safety Lights/Illumination? Communication Devices? Misc Precautions Needed Protective Equipment Used? ......... Belt/Harness/Lifeline __ _ Winch/Tripod? ...... Breathing Apparatus? ...... Warning Signs? Protective Gear? Fire Equipment? __ Forced Ventilation? Rescue Gear on Site? __. Lighting Equipment ...... Misc Equipment Permit Valid: From: .... (-/-g{~ ....... -{~ ..... Until .... V~Y~7 ....... -[ ~i~-eU ..... 16790 A RESOLUTION RESCINDING POLICY NO 102.09, FINGERPRINTING, FROM THE CITY OF DENTON POLICIES AND PROCEDURES MANUAL, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has reviewed Policy No 102 09, Fingerprinting, contained in the City of Denton Policies and Procedures Manual and found it no longer necessary for the purposes of identification of City employees, and WHEREAS, the City Council desires to rescind such policy as an official pollcy of the City of Denton, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON. SECTION I. That Policy No. 102 09, Fingerprinting, contained in the City of Denton Pollcles and Procedures Manual and a copy of which is attached hereto, is hereby rescinded as an official policy of the City of Denton, Texas SECTION II. That the City Secretary is instructed to enter in the official records of the City that said Policy No. 102 09, Fingerprinting, contained in the City of Denton Policies and Procedures Manual is rescinded. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the //~ day of ~,-- 1990 BOB CASTLEBERRY, MAWR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 3002L RESOLUTION NO.f Ct~ '~t~7 A RESOLUTION REQUESTING THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO CONSIDER AUTHORIZING CONSTRUCTION AND DEDICATION OF FUNDS FOR AN INTERCHANGE ON FARM-TO-MARKET HIGHWAY 2499, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a delegation of local officials appeared before the Highway Commission in 1982, after the bridge on Farm-to-Market Highway 2499 had been washed out by high water, requesting con- struction of Farm-to-Market Highway 2499 as an alternate route to avoid Lake Grapevine Dam, and WHEREAS, the Commission met and expressed unanimous support for Farm-to-Market Highway 2499, and Minute Order 80238, November 29, 1982, a copy of which is attached hereto, was tendered, authorizing planning and design subject to provisions of Right-of-Way by local agencies, and WHEREAS, all affected property owners have donated Right-of-Way for Farm-to-Market Highway 2499 including Right-of-Way for the grade separated interchange at State Highway 121, and WHEREAS, the State Department of Highways and Public Trans- portation completed the design, awarded the construction contract, and currently has Farm-to-Market Highway 2499 under construction, providing a high-capacity four-lane divided urban thoroughfare with shoulder, and WHEREAS, the above construction is scheduled for completion in late 1990 or early 1991, but only includes temporary connections to State Highway 121 rather than the full interchange grade- separated connections, and WHEREAS, opening day traffic flows on Farm-to-Market Highway 2499 are expected to exceed the capacity of temporary interchange connectors, thereby creating potential congestion and safety problems; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council hereby requests the State Department of Highways and Public Transportation to a. Accelerate the appropriate project designation and design of the complete grade-separated interchange connectors of Farm-to-Market Highway 2499 and State Highway 121, and to b. Allocate adequate funding to construct the complete interchange in a timely fashion to accommodate antici- pated traffic flows in a direct and safe manner. SECTION II. That the Deputy City Manager is hereby directed to forward a copy of this resolution to the members of the State Department of Highways & Public Transportation Commission, William Tare, Mayor of Grapevine, the State Department of Highways & Public Transportation, District 18, and the State Department of Highways & Public Transportation, District 2 SECTION III. That this resolution shall become effective immediately from and after its adoption and it is so resolved PASSED AND APPROVED this the I~ay of December, 1990. ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRAA. DRAYOVITCH, CITY ATTORNEY PAGE 2 RESOLUTION 90-068 REVOKED BY RESOLUTION 92-021A COPY OF WHICH IS ATTACHED RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, CONSENTING TO THE INCLUSION OF TERRITORY IN THE CITY'S EXTRATERRITORIAL JURISDICTION WITHIN DENTON COUNTY EMERGENCY SERVICE DISTRICT NO 1; AND PRO- VIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 775 of the Health and Safety Code provides for the creation of emergency service districts to provide emergency medical, ambulance, and fire prevention and control services for rural areas; and WHEREAS, Section 775.014 of the Health and Safety Code provides that a petition requesting creation of a district which Includes property within a city's extraterritorial jurisdiction be presented to the governing body of that city for its consent, and WHEREAS, the City of Denton has received a request to include property within the C~ty's extraterritorial jurisdiction in a proposed emergency service dIstrict, to be named Denton County Emergency Services District No. 1.; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I That the City of Denton, Texas, consents to the inclusion of that territory located within its extraterritorial jurisdiction as described in Exhibit A, attached hereto and incorporated herein by reference. SECTION II. That thls resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED th s the Ill'day of , BOB CASTLEBERRY, MAY? / ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY Proposed Boundaries of Denton County ~rgency Services District #1 Poznt of Reference O1 Beginning at the center line of Crawford Road and the center line of Faught Road, Point of Reference 02. Thence south and along the center line of Faught Rz~d to the center line of Old Justin Road, Point of Reference 03. Thence east and along the center line of Old Justin road to the center line of Prairie Motmd Cemetery Road, Point of Reference 04. Thence southerly end along the center line of Prairie Mound Cemetery Road to tb~ center line of FM 407, Point of Reference 05. Thence west and along the center line of FM 407 to the center line of Cleveland Gibbs Road, Point of Reference 06. Thence southerly and along the center line of Cleveland Gibbs Road to the center line of Interstate 35 West, Point of Reference 07. Thence southwesterly and along the center line of Interstate 35 West approx~mmtely nine tenths of a mile to the city l~m~ts of Northlake, Point of Reference 08. Thence north and along said city 1 ~m~ ts approximately three tenths of a mile to a point where said city limit turns west, Point of Reference 09. Thence west and along said city limits approx~mmtely seven tenths of a mile to a point where said city l~m~t turns south, Point of Reference 10. Thence south and along said city l~m~ ts approximately one tenth of a mile to a point where said city ]~mit turns east, Point of Reference 11. Thence east and along said city limits approx~-mtely two tenths of a mile to a point where said city l~m~t tums south, Point of Reference 12. Thence south and along said city limits approximately one-half mile to a point where said city ]~mtt tums east, Point of Reference 13. Thence east and along said city l~m~ts to a point approximately one-half mile to a point where said city limit turns north, Prop~ d Boundaries of Denton County Emergency Services District #1 page 2 Point of Reference 14. Thence north and along said city limits approx{mmtely fifty feet to the center line of FM 1171, Point of Reference 15. Thence east southeasterly and along the center line of FM 1171 to tb~ midpoint of White Rock Creek, Point of Reference 16. Thence southerly and along the midpoint of White Rock Creek approximately four tenths of a mile to a point due east of the Flower Mound city limits, Point of Reference 17. Thence east northeasterly and along said city l{m{ts approximately three tenths of a mile returning to the center line of FM 1171, Point of Reference 18. Thence east and along the center line of FM 1171 approximately three tenths of a mile to a point where said city limit turns north, Point of Reference 19. Thence north and along said city l~m~ ts approximately five tenths of a mile to a point where said city l~m~t turns east, Point of Rmference 20. Thence easterly and along said city l~m~ts approx~r~tely 1.5 miles to a point where said city ]{m~t intersects with Kings Road and Red Rock Lane, Point of Reference 21. Thence east and along the center line of Kings Road to the intersection of Kings Road and Shiloh Road, Point of Reference 22. Thence south along the center line of Shiloh Road to the intersection of Shiloh Road and Pepperport, Point of Reference 23. Thence east and along the centerline of Pepperport to the point at which Pepperport ends, Point of Reference 24. Thence east northeasterly in a straight line to the City of Double Osks city limit at the point where said city limit turns from a north-south line to an east-west line near the intersection of Woodland Trail and Knob Hill, Point of Reference 25. Thence east end along said city limits approximately seven tenths of a mile to a point wb~re said city l~m~t turns north, Point of Reference 26. Thence north and along said city limits ~rox{m, tely three tenths of a mile to a point re said city limit turns east, Point of Reference 27. Thence east and along said city l~m{ts approx~m-tely three-quarters of a mile to a point where said city limit turns north, Prop~ .d Botmdaries of Denton County Emergency Services District #1 page 3 Point of Reference 28. Thence north end along said city limits approx{mately two tenths of a mile to point where said city limit turns east, Point of Reference 29. Thence east end along said city ]tm~ts approxtm-tely one tenth of a mile to a point where said city l~m~t turns north, Point of Reference 30. Thence m~rth and along said city l~m~ ts approximately one tenth of a mile to a point where said city limit turns east, Point of Reference 31. Thence east and along said city limits approx,-rarely two tenths of a mile to a point where said city limit turns south, Point of Reference 32. Thence south and along said city appro~m-tely omm tenth of a mile to a point where said city l{m{t turns east, Point of Reference 33. Thence east end along said city limits approx{mmtely one tenth of a mile to a point where said city limit turns north, Point of Reference 34. Thence south approximately three tenths of a mile to a point due west of the south end of Chinn Chapel Road, Point of Reference 35. Thence east apprax~-mtely one tenth of a mile to the City of Flower Mound city limits, Point of Reference 36. Thence north end along said city limits approx~mmtely four tenths of a mile to a point where said city limit intersects with Chinn Chapel Road (see attachment B), Point of Reference 37. Thence north and along the center line of Chtnn Chapel road to the center line of the Atchison, Topeka, and Santa Fe Railway, Point of Reference 38. Thence northeasterly and along the city l~m~ts of Copper Canyon to the midpoint of a creak bed which is approximately four tenths of a mile due south of Orchard Hill Road, Point of Reference 39. Thence following said creek bed downstream and due east to the Tm~e Lewlsville water line, Point of Reference 40. Thence northerly and along the shore line to the midpoint of Hickory Creek, Point of Reference 41. Thence upstr,-m and along the midpoint of Hickory Creek to its intersection with the center line of Copper Canyon Road (some maps show as "Old Alton Road"), Propt .d Boundaries of Denton County Emergency Services District #1 page 4 Point of Reference 42. Thence southerly with the center line of Copper Canyon Road to the intersection with the south line of the City of Denton, city l~m~ts as defined in Ordiomnce 74-46, Point of Reference 43. Thence westerly with said city limits to tb~ southeast corner of the E. Pritchett survey, A-lO20 Denton County Texas, Point of Reference 44. Thence south to a point 10' south of the south right-of-way line of Hickory Hill Road, also being the southeast corner of the City of Denton, city limits as defined in Ordinance 78-28B, Point of Reference 45. Thence westerly with the south line of Ordinance 78-28B to its intersection with the E~tra Territorial Agreement line between the City of Denton and the City of Argyle, Point of Reference 46. Thence westerly and with the E.T J. Agre~,m~nt Line between Denton and Argyle to the end of said agreement line in the center of Crawford Road, Point of Reference 47. Thence westerly with the center of Crawford Read to the Point of Beginning. 0932E e wpdocs\39~56 605 10 A RESOLUTION OF THE CITY OF DENTON, TEXAS, CONSENTING TO THE INCLUSION OF TERRITORY IN THE CITY'S EXTRATERRITORIAL JURISDICTION WITHIN, DENTON COUNTY EMERGENCY SERVICE DISTRICT NO 1, REVOKING THE CONSENT GIVEN IN RESOLUTION NO. R90-065; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Chapter 775 of the Health and Safety Code provides for the creation of emergency service districts to provide emergency medical, ambulance, and fire prevention and control services for rural areas; and WHEREAS, Section 775.014 of the Health and Safety Code provides that a petition requesting creation of a district which includes property within a city's extraterritorial Jurisdiction be presented to the governing body of that city for its consent; and WHEREAS, the City of Denton has received a request to include property within the City's extraterritorial Jurisdiction in a proposed emergency service district, to be named Denton County Emergency Services District No. 1; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton, Texas, consents to the inclusion of that territory located within its extraterrItorial jurisdiction as described in Exhibit A, attached hereto and incorporated herein by reference, to be included in an emergency service district as provided in Chapter 775 of the Health and Safety Code. SECTION II. That the consent given by Resolution No. R90-068 for the creation of an emergency service district for the property described therein is hereby revoked ~ That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the~/~- day of _~~ , 1992. BOB / ATTEST · JENNIFER WALTERS, CITY SECRETARY APPROV~ AS TO LEGAL FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 EX}IIBIT A Boundaries of the Proposed Denton County ~mersency Services District #1 Note The area to be included in the Emergency Services District consists of unincorporated portions of Denton County and the cities of Argyle, Bartonvllle, Copper Canyon, and Double Oak Point of Reference 01. Commencing at the northwest corner of the city limits of Argyle located on Crawford Road approximately six- tenths of one mile west of Interstate 35 West. Point of Reference 02 Thence south along said city limits approximately one and two-tenths miles to a point where said city limits turn southeast. Point of Reference 03. Thence southeast along said city limits approximately elsht-tenths of one mile to a point near FM ~07 where said city limits turn east. Point of Reference 0~. Thence west along said city limits approximately one-half of one mile to a point where said city limits turn south. Point of Reference 05. Thence south along said city limits approximately one-tenth of one mile to a point where said city limits turn east. Point of Reference 06. Thence eest along said city limits approximately one-half of one m~le to a point where said city limits turn south. Point of Reference 07. Thence south along said city limits approximately nine-tenths of one mile to a point where said city limits turn east. Point of Reference 08. Thence east along said city limits approximately one mile to a point where said city limits turn north. Point ,of Reference 09. Thence north alon8 said city llmlts approximately one-half of one mile to a point where said city limits turn eest. Point of Reference 10. Thence east along said city limits approx,lmetely one end one-half miles to · point where said city limits adjoins the city limits of Bartonville. Point of Reference Il. Thence south alon~ the city limits of Barton,vllle approximately one-fourth of one m~le to a point where said city limits turn west. Point of Reference 12 Thence west along said city limits approxlm&tely one-half of one mile to a point where said city limits turn south. Point of Reference 13 Thence south along said city limits approximately four-tenths of one mile to · point where said c~ty 1xmits turn west, Point of Reference 14 Thence west along said city limits approximately slx-tenths of one mile to a point where e&~d city limits turn south. Point of Reference 15 Thence south along said city limits approximately two-tenths of one mile to · point where said city limits turn east. Point of Reference 16 Thence east along 8aid city limits approximately four-tenths of one mile to a point where said city limits turn south. Point of Reference 17 Thence south and along said city limits approximately three-tenths of one mile to · point where said city limits turn west. Point of Reference 18 Thence west along said city limits approximately one-fourth of one mile to · point where said city limits turn south. Point of Reference 19 Thence south along said city limlts approximately one-fourth of one mile to a point where said city llmlts turn east. Point of Reference 20. Thence east along said city limits approximately one and three-tenth8 miles to a point where said city limits turn south. Point of Reference 21 Thence south along said city limits approximately three-tenths of one mzle to a point where said c~ty limits turn west. Point of Reference 22. Thence west along said city limits approximately one-tenth of one mile to a point where said city limits turn south. Point of Reference 23. Thence south alone said city limits approximately three-tenths of one mile to · point where said city limits turn east. Point of Reference 24. Thence east along said city limits approximately one-tenth of one mile to · point where said city limzts turn north. Point of Reference 25 Thence north along said city limits approximately one-tenth of one mile to a point where said city limits turn east. Point of Reference 26. Thence east along said city limits approximately two-tenths of one mile to a point where said city limits turn south. Point of Reference 27. Thence south along said city limits approximately two-tenths of one mile to a point where said city limits turn northeast. Point of Reference 28. Thence northeast along said city limits approximately three-tenths of one mile to a point where said city limits turn east. Point of Reference 29. Thence east alone said city limits approximately one and two-tenths miles to a point where said city limits adjoins the city limits of Double Oak. Point of Reference 30. Thence south and along the city limits of Double Oak approximately two-tenths of one mile to a point where said city limits turn west, Point of Reference 31. Thence west and along said city limits approximately one-tenth of one mile to a point where said city limit8 turn south. Point of Reference 32. Thence south and along said city limits approximately one-tenth of one mile to a point where said city limits turn east. Point of Reference 33. Thence east and along said city limits approximately one-tenth of one mile to a point where said city limits turn northeast. Point of Reference 3&. Thence northeast and along said city limits approximately one-tenth of one mile to a point where said city limits turn east. Point of Reference 35. Thence east and along said city limits approximately six-tenths of one mile to a point where said city limits turn south. Point of Reference 36. Thence south and along said city limits approximately three-tenths of one mile to a point where said city limits turn east. Point of Reference 37. Thence east and along said city limits approximately six-tenths of one mile to a point where said city limits turn north. Point of Reference 38. Thence north and along said city limits approximately three-tenths of one mile to a point where said city limits turn east Point of Reference 39 Thence east and along said city limit approximately eight-tenths of one mile to a point where sa~d city limits turn north. Point of Reference 40. Thence north and along said city limits approximately three-tenths of one mile to a point where said city limits turn east. Point of Reference 41 Thence east and along said city limits approximately one-tenth of one mile to a point where said city limits turn north Point of Reference 42. Thence north and along said city limits approximately one-tenth of one mile to a point where said city limits turn east. Point of Reference 43 Thence east and along said city limits approximately two-tenths of one mile to a point where said city limits turn south. Point of Reference 44 Thence south and along said city limits approximately one-tenth of one mile to a point where said city limits turn east. Point of Reference 45 Thence east and along said city limits approximately two-tenths of one mile to a point where said city limits turn north. Point of Reference 46 Thence north and along said city limits approxima~ely one-tenth of one mile to a point where said city limits turn east. Point of Reference 47 Thence east and along said city limits approxlma~ely one-tenth of one mile to a point where said city limi, te intersects Chin Chapel Road. Point of Reference 48 Thence north and along the center line of Chin Chapel Road approximately two and one-half miles to a point where the city limits of Copper Canyon crosses Chin Chapel Road Point of Reference 49 Thence east and along said city limits approximately one-tenth of one mile to a point where said city limits turn north. Point of Reference 59 Thence north and along said city limits approximately three-tenths of one mile to a point where said city limits turn northwesterly. Point of Reference 51. Thence northwesterly ·nd along said city limits approximately two-tenths of one mile to · point where said city limits turn north. Point of Reference 52. Thence north and along said city limits approximately one-tenth of one mile to a point where said city limits turn east. Point of Reference 53. Thence east and ·long said city limits approximately one-half of one mile to · point where said city limits turn north. Point of Reference 54. Thence north and along said city limits approximately one-half of one mile to a point where said city limits turn west. Point of Reference 55. Thence west and along said city limits to west side of Bishop Lane. Point of Reference 56. Thence north and along west side of Bishop Lane approximately six-tenths of one mile to the midpoint of Hickory Creek. Point of Reference 57. Thence upstream and along the midpoint of Hickory Creek to a point where the midpoint of Hickory Creek intersects the Denton city limits. Point of Reference 58. Thence south and along the said Denton city limits approximately two-tenths of one mile to a point where said city limits turn west. Point of Reference 59. Thence west and along said city limits approximately two and four-tenths miles to a point where said city limits adjoins the city limits of Argyle. Point of Reference 60. Thence west and ·long the Argyle city limits approximately one and two-tenths miles to a point where said city limits turn north. Point of Reference 61. Thence north and along said city limits approximately one and two-tenths miles to · point where said city limits turn west. Point of Reference 62. Thence west and along said city limits approximately one-half of one mile to a point where said city l~mits turn southwest. Point of Reference 63. Thence southwest and ·long said city limits approximately two-tenths of one mile to · point where said city limits turn west. Point of Reference 64. Thence west and along said c~ty approxzmately one and four-tenths m~les to a point where sa~d c~ty limits turn south. Point of Reference 65 Thence south and along sa~d city l~m~ts approx&matel¥ two-tenths of one male to a point where saad c~ty lzmzts turn west. Point of Reference 66 Thence west and along sazd city lzm~ts app=oxLmately one and three-tenths m~les to the orzgLnal commencement point 3003L A RESOLUTION CREATING THE BLUE RIBBON COMMITTEE FOR STORM WATER UTILITY TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE PUBLIC UTILITY BOARD AND CITY COUNCIL RELATIVE TO THE NEED OF A STORM WATER UTILITY, AND PROVIDING FOR AN EFFECTIVE DATE. SECTION I. There is hereby created and established the Blue Ribbon Committee for Storm Water Utility, which shall be composed of nineteen persons selected from the following groups and organi- zations 2 Members of the Public Utilities Board 1 Member of the Planning & Zoning Commission 1 Member of the City's Planning Department 1 Member of the City's Community Services Administration Department 1 Member of the City's Utility Administration Department 1 Member of the City's Parks & Recreation Department 1 Member from the Chamber of Commerce 2 Members selected from Local Businesses 4 Members selected from residential areas 1 Member selected from the League of Women Voters 1 Member selected from the University of North Texas 1 Member selected from the Texas Woman's University 1 Member selected from the Denton Independent School District 1 Member representative of Denton Industry SECTION II It shall be the charge of the Storm Water Utility Advisory Committee to' a. Review and evaluate the necessity of establishing a Storm Water Management Utility for the City of Denton and to submit an evaluation to the Public Utilities Board which shall include a recommendation of whether the City should pursue the establishment of such a Utility. b. Should the Committee recommend the establishment of said Utility, the Committee shall provide recommenda- tions to the Public Utilities Board regarding the most feasible method for establishing said Utility. SECTION III. That this resolution shall be effective im- mediately upon its passage and approval. PASSED AND APPROVED this the /~'/day of ~~k.~__, 1990. BOBCA~STLE-~~ ATTEST' JENNIFER WALTERS, CITY SECRETARY ~PR~ED'AS~O LEG~ FORM: DEB~ A. DRAYOVITCH, CITY ATTORNEY PAGE 2 ~227L RESOLUTION NO./~ ~F')-6~ 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 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 appr,ov~l. .%* PASSED AND APPROVED this the day of 1990. BOB CASTLEBERRY, MAYOr / ATTEST JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ASSIGNING A PORTION OF ITS AUTHORITY TO ISSUE SINGLE FAMILY HOUSING BONDS TO DENTON COUNTY, TEXAS AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Texas Revised Civil Statutes article 5190 9a, as amended, and the rules promulgated thereunder as 10 Texas Admlnlstrat~ve Code sections 165 1 to 167 1 (collectively, the "Act"), provide the method for the Denton County Housing Finance Corporation (the "Corporatton"), a housing finance corporation created under the Housing F~nance Corporations Act, as amended, Texas Local Government Code chapter 394, to seek an allocation from the Texas Department of Commerce to issue private activity bonds, WHEREAS, the Corporation operates on behalf of Denton County, Texas (the "County"), WHEREAS, on July 12, 1990, the Board of Directors of the Corporation authorized submlss~on of a Quallf~ed Application to the Texas Department of Commerce seeking an allocation for 1990 in accordance with the provisions of the Act, WHEREAS, the Corporation did not receive a reservation for an allocation for 1990 and therefore qualifies for the first category of priority for 1991 in accordance with the provisions of the Act, and intends to authorize an application for allocation in 1991, WHEREAS, the Act provides that if two overlapping local governmental units have each created housing f~nance corporations with authority to issue Qualified Mortgage Bonds, then unless the smaller local governmental unit assigns 1ts authority to issue Qualified Mortgage Bonds, based upon 1ts population, to the larger local governmental unit, the larger local governmental unit must exclude the population of any smaller governmental unit if such smaller unit has a population as determined ~n the most recent federal census of 20,000 or more ~n determ~nlng the larger unit's allocation, WHEREAS, each of the City of Denton (the "City") and the County have previously created a housing finance corporation authorized to issue Qualified Mortgage Bonds, WHEREAS, the Application for Reservation for Private ACtlvlty Bonds Calendar Year 1991 (the "Appltcat~on') promulgated by the Texas Department of Commerce requires that the Corporation forward a copy of this resolution with 1ts Applxcation; and --1-- 3210T WHEREAS, the City Council hereby finds and determines that an assignment to the County of the City's authority to issue Qualified Mortgage Bonds for 1991, based upon the City's population located within the County, is in the best interest of the citizens of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON THAT SECTION 1 The City, pursuant to the provisions of section 1(8) of the Act, hereby assigns its authority to issue Qualified Mortgage Bonds, based on its population within the County, to the County SECTION 2 The recitals contained in the prear~Dle hereof are hereby found to be true, and such recitals are hereby made a part of this resolution for all purposes and are adopted as a part of the judgment and findings of the City Council SECTION 3 It is officially found, determined, and declared that the meeting at which this resolution is adopted was open to the public and public notice of the time, place, and sub]eot matter of the public business to be considered at such meeting, Including this resolution, was given, all as required by Texas Revised Civil Statutes article 6252-17, as amended SECTION 4 Capitalized terms used, but not defined, in this Resolution shall have the meanings assigned them in the Act SECTION 5, This resolution shall be effective from and after the date of its passage, PASBED AND ADOPTED by an affirmative vote of ~ ~e~s qf ~he C~ty ~ouncil of the City of Denton, Texas, this (CITY SEAL) -2- CERTIFICATE FOR RESOLUTION The undersigned officer of the City of Denton, Texas (the "C~ty") hereby certifies as follows. 1, In accordance with the C~ty Charter of the Clty, the City Council of the City (the "C~y Cou.c~l") held a meeting on ~, 1990 (the "Meet~ag") of the duly constltutedofficers and members of the City Council, at which a duly constituted quorum was present, Whereupon, among other buszness transacted at the meetzng, a written RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR RESERVATION WITH THE TEXAS DEPARTMENT OF COMMERCE; AND OTHER MATTERS IN CONNECTION THEREWITH (the "Resolution") was duly introduced for the consideration of the City Council and discussed It was then duly moved and seconded that the Resolution be adopted, and, after due dlscusslon, sald motion, carrying with it the adoption of the Resolution, prevalled and carried by majority vote of the City Counc ~ 1 2 A true, full, and correct copy of the Resolution adopted at the Meet lng is attached to and follows this Certlflcate; the Resolution has been duly recorded in the City Council ' s mlnute~ of ~e Meeting, each of the officers and members of the(~JW~' was duly and sufficiently notlfled officially and personalty, ~n advance, of the time. place, and purpose of the Meeting w~th the City Charter. and that the Resolution would be ~ntroduced and considered for adoption at the Meeting; and the Meet lng was held and conducted in accordance with the City Charter of the City, SIGNED AND SEALED ~ t/c~/~ cler (SEAL) 3216T ppcmr A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JANUARY 15, 1991 TO JANUARY 22, 1991; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the regular Council meeting of the City of Denton scheduled for January 15, 1991 is hereby postponed to January 22, 1991; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the regular Council meeting to be held on January 15, 1991 be postponed until January 22, 1991. PASSED AND APPROVED this the /~-'day of December, 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY