Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolutions R92-001 to R92-080
,,,o. ?¢..--o0/ _ A ~F, so'r,UT ION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ASSIGNING ITS AUTHORITY TO ISSUE SINGLE FAMILY HOUSING BONDS TO DENTON COUNI~ HOUSING FINANCE CORPORATION 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 Administrative Code sections 190.1 to 190.8 (collectively, the "Act"), provide the method for the Denton County Housing Finance Corporation (the "Corporation"), a housing finance corporation created under the Housing Finance Corporation Act, as amended, Texas Local Government Code chapter 394, to seek an allocation from the Texas Bond Review Board to issue private activity bonds; WHEREAS, the Corporation operates on behalf o.f Denton County, Texas (the "County"); WHEREAS, on January 6, 1992, the Board Df Directors of the Corporation authorized submission of an Application to the Texas Bond Review Board seeking an allocation for 1992 in accordance with the provisions of the Act: WHEREAS, the Act provides that if two overlapping local governmental units have each created housing finance corporations with authority to issue Qualified Mortgage Bonds, then unless the smaller local government unit assigns its 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 determined in the most recent federal census of 20,000 or more in determining 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 ~ieservation for Private' Activity Bonds Calendar Year 1992 (the "Application") promulgated by the Texas Bond Review Board requires that the Corporation forward a copy of this resolution with its 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 1992, 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 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 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 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 subject 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. PASSED AND ADOPTED by an affir]~ative vote of ~ members of the City Council of the City of Denton, Texas, this 7th day of January, 1992. Mayor ATTEST: Ci~' S~6%t a~ry (CI~ SEAL) -2- CERTIFICATE FOR RESOLUTION The undersigned officer of the City of Denton, Texas, (the "City") hereby certifies as follows: 1. In accordance with the City Charter of the City, the City Council of the City (the "City Council") held a meeting on January 7, 1992 (the "Meeting") of the duly constituted officers and members of the City Council, at which a duly constituted quorum was present. Whereupon, among other business transacted at the meeting, a written RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ASSIGNING ITS AUTHORITY TO ISSUE SINGLE FAMILY HOUSING BONDS TO DENTON COUNTY HOUSING FINANCE CORPORATION AND RESOLVING 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 discussion, said motion, carrying with it the a~option of the Resolution, prevailed and carried by majority vote of the City Council. 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been recorded in the City Council's minutes of the Meeting; each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting. SIGNED AND SEALED this 7th day of January, 1992. (SEAL) e:wpdoc$\escrow.r NOTE: THIS RESOLUTION REPEALED BY ORDINANCE 93-026. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ESCROW AGREEMENT WITH FLOW REGIONAL MEDICAL CENTER, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Order Confirming Plan of Liquidation of Flow Regional Medical Center, Inc. (the Center), dated May 16, 1990 in Case Number 88-42099 in the United States Bankruptcy Court for the Eastern District of Texas, styled In Re: Flow Regional Medical Center, Inc. provides for the City to have a continuing lien in certain assets of the Center until January 1, 2008, or such time as certain conditions have been fulfilled; and WHEREAS, the Center and the City submitted to binding arbitra- tion the question of whether the funds subject to the lien should be deposited in an escrow account, and on December 17, 1991, the arbitrator issued his findings, a copy of which is attached hereto as Exhibit A, wherein he determined, among other findings, that the parties should execute an escrow agreement to the Bankruptcy Court for approval; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Mayor is hereby authorized to execute an escrow agreement with Flow Regional Medical Center, Inc., a copy of said agreement being attached hereto as Exhibit B and is incorpo- rated by reference herein. SECTION II. That the expenditure of funds to fulfill the City's obligations pursuant to the Agreement are hereby authorized. SECTION III. That this resolution shall become effective imme- diately upon its passage and approval. ~ PASSED AND APPROVED this the--~-' _, 1992. day. of v ATTEST: JENNIFER WALTERS, CITY SECRETARY EXHIBIT "A" IN TItE UNtieD 8'TATF~ B~NKI~UFTGY GOU]~T FOR THE EASTERN DLSTt~ICT OF TEXA~ SHERN~AN DIVISION IN RE: § FIX_)'~ IR. EGIOBIAL MEDICAL § CA~E NO, 8~-42099 CENTER, INC, § CHA.~R 11 DEBAR. ~ DECISION BY AIIBrrltATOR Bill ~H, Drlster ("Arbitrator"), pursuant to order for arbitration ~gned by the Ban~up~cy Judge on October 29, 1~91 and ~ursuant to ~ Arbitration mtss~on A~eement executed h~ the partie~, Flow Regional Medical Center. ("Debtur") an2 the City of Denton, Texas ('City"), presided at ~bitration pco- ceedings on December ~0, 199~. commencm$ at 9:00 a.m. The City and the Debtor each appeared by their respective a[torney~ of record ~d ~nounced rhmr a~eement to develop the relevan~ ~',idenc~ by affidavits of fact witnesses aha by introduction of pleadings and docu~ncm The ~bitrutor, having rece~ve~ tendered exhibits and the tendered ,affidavits and having he~d the ar~menr counsel, makes the following decision concerning the 8ubnlitted mutters m versy between the City and the Debtor. Flow Memorial I{o~pital w~ chartered and op~rated from September 1950 through Janu~y 14, 1985 as a city/couaty huupitu[ pursuant to Article 4494(D.1. Vernon'~ Annotated Texa~ Cl..il Scututem Flow Regional Medical Center. Inc.. a not- for-profit corpora[ion ~md the Debtor ii1 thi~ ca~e, w~ created gild com- menced hospital opera~ioim on Junu~y 15, 1988. ~en the patient cen,u~ not materially mcrea~c to a point where opera[ions would ~ecome profitable. trustees of the DebLor not-for-profil corporation voted to tare those actmns DECLSION BY ARDITIRATOR - Page which might be requited to clo$¢ the facility. This ba~kruptcy ca.~e was on September 2~, 19~8. and opera~on~ contmued under debtor-in-possession .~ale t~f the facility to Nutami Hospitals of Texas, Inc. was effected m July' for [he s[ated amount of $4,500.000, payable $2,500,0~ in cush ~d a promJ~uot'} note for the $2,000,000 balance, payable in %wenty (20) annual installments $100.000 each. commencin~ with the f~s% a~ua] ~$~sllment on Ju~y 14, 199o and contknuin~ ~nually on that ~ame date through July 14. 2009. The note sDeclf~caIly provided that no interest shall b~ pllyabIe on [he unpaid princ~paL ~at note,' and its p~ocee~, is th~ ptincipa] r~ of ~he controvers~' between the City and the Debtor, On January I~, 198~. whet% k}le ho.pikal opera~ion, prosed ~o Flow ~e~lonal bied[cal Center, %hat new not-for-profit co~7ora~io~% had ~xeuuted and delivered to %he C~ty a deed of t~us~ an~ ~ecurity e~eement~ in and ~o ktl~ hospital l~nd and facilitie~ as securi:y for payment by Deb:o]; of cer~ahl obligations %o ~lle C,ty and for payment by the Debtor uf ~ther obligs%io~ for which the C;ty ,3~ might be contingently liable. The Debtor's confirmed PI~ provided for pay- ment of all allowed ulmms of all ~ar;ies includm~, withou~ limi;atmn, the utility clmm~ of the City of Denton ~nd the third ~mr;!r claims which ~'ere specifically allowed b)' ;he Court and for which the City cc~uld have ~een lleld contingently hable. All of those ct~m~$ were paid by ~he Debtor ~d ;he Pi~ thus substantially ~nnsummor. ed. There was a third category of claim~ for which Ih~ Debtor was or could be cont;n~ently liable ~o the City. Debtor h~dk a~eed ~o indemnify the C'~tv agamst any claim~ wha%%oever which might be flied or mede u~n the ('~t~- b? v~rtue of it~ relationship with ;he Debtor, pre-petition and pos~-p~tition, The ~art~es appe~ed to have m lllllld possible malpractice clalm~ whic~ mighi DECISION BY ARB~TOR - Page 2 made by minor~ or others under a legal di~abilb;y. The DebtOr attempt¢%! !,~' provide insurance coverage To the City to Frot~;t against such contmgen~ clams. [)ebtor'5 confirmed PI~ provided that the City's lien shall continue ~n ;he Debt- or's assets until January 1, 2008, or un~H ~he Deb:or provides msurance type specxfied in the Pl~ I~ s%a~ed further: Until such time as the insur~ce l~ p~ovided by the Debtor and the Debtor has satisfied it~ indemni~y obligatto~ to the City of Denton. the lien~ of the Ci~ of Denton ~hall remain ~ full force and effect in ~d to a~l of the prement a~ of ~he Debtor, includ- ing, b~t not limited to all pa~me~s under the no~e ~ece~vable for the sale of %he 14 acre~ of ~..agd ~e hospital fauil~3, said note havmg been made b~ No,ami Ho,pi~al~ of T~x~, ~c, (Emphasis added.) The above factual matters do not appear to be ~ubstantially in bet,,'een the partie~. The th~'u~% of the controver~y is concerned with the u~e or attempied u~e by Debtor of ~ome of the proc~ed~ of the ~2.000.000 note. Under lt~ Restated Articles of h~co~alion, it had provided, mmon~ other ~hings. that ~ ~'ould u~e the be~t uf itm ability %o provide up to ~2~,000 annuall5- for healtt~ care re[ated scholarships. It contends f~:;% that no~withst~d~g the fact ~hat ~t had provided the City with a ~eourity m~'eement against all of its ~ro~- e,'~e~ and further tint it~ Plan had specifically reco~lzed the City'~ perfected hens. the City had not in fac% filed ~ financin~ ~ateme,t ur t~en any or~er overt acts to perfect it~ claimed lien. Tha~ lmpae on ~he pm'l 0f the claims the Debtor, results in i~ having no lien al;m~ the procee~ of t.~e note Alt e~a~ ivelM, Debtor pomit~ tha~ [here wa~ no Gomsiderat ion for the ~e~tated amd Amended Security A~eeme~t (~x~cuted on February 19. effective a~ of January 1~, 1988) which, for the firm~ ~im~, m~es the require- ment fo~ procurement of ~ral~ce. Finally, i~ c~mt~n~ ~ha[ not~'~thst~d~n~ the DECLBION BY ARBITRATOR - Page 3 ,('a¢~ That thc' $2,000,000 note provides for no :,nterest) the ~-~ern31 Revenu~ ~er',':c~ wiI] ~mpute intercst ~o th~ note and the City's lien, ~ ~3' l~ ~8~, 16 l~m~ted to the note ~roceeds after }nlput~d interest at 8% per annum 1~ amortized, Ench of %hose challenges advanced by %he Debtur i8 rejected, The {an- ~agc ~n the confirmed Pi~ which ~a~ n~$utiat~d by ~he p~tie$ ~s clear and unambiguous. Under the Plu~ ~he lie~ of the City m'e in fu{{ force and effec- tive against a]] a~set~ of %he Debtor inc{udin~ ~pec~fically, but not }i~lzed la. a{i of the pa3~ment5 under the $2.000,000 hate, A~ far as the Cit~"$ lien is con- cerned, i~ ~¥~ mlended to ex%end to [he full ,payment as made each renu', regard{ess of whether the Debtor a%temptm %o ch~acterize a portion of l~ a5 ";reputed interest" or not, ~e above cited provimion in ~he Plan appeav~ tv have been negotiated by the par~ies, loBg after the execu~ion by ~he Debtor of the Amended end Re~a[~d Seuurity A~eemen~. If any b~i~ ever existed for uhu]lenging ~he cons{deration for the security a~ee~ne~t, it has ~een %~-a]ved. The City contends %hat if any additions} perfection of its lien ls required. {[ ca~% perfect only by possession of the monie~ a~ ~hey uum~ in on an annual bas~s or b3 constructive possession of %hose moniem. I~ has submitted a proposed statements made by each of the p~':ies d~& the course of the arbitration proceedings, ~hey have a~eed fha% Cho l]luliie{ aha][ be held by First Slate Bank of Denton, Tex8~ with th~ fees of [he escrow hold4~r to be paid Dy the City and ~'ith the earning~ on thane inunies zo be used by the Debtor for lawful purpuses. with the corpus to De held imtsc% until the contingencies purported to be ad.eased by the ~confirh{~d Plan have been me~. I~ %hat event an escr0u DECISION BY ARB1TH~TOR - Page 4 agreement approved by each party should b~ ~ubmitl, ed to tile Co~rl {-or appr,)vgl if the plan so provides for continuing over,ight by the ban~uptcy judge. Th~s Decision by Arbitrator i~ filed w~h the Court for 0r~¢r~ or oiher actmn, tf any. deemed appropriate. . December, ~91, ~GNED ttu, 16t.h day of DECISION BY ARBrI'tL~TOR - Page EXHIBIT "B" ESCROW AGREEMENT This agreement is entered into by and among the city of Denton ("city"), the Flow Regional Medical Center, Inc. ("Flow"), and The First State Bank of Denton ("Escrow Agent") as follows: WHEREAS, the City has a continuing lien in the assets listed below by virtue of: that one certain Deed of Trust dated January 15, 1988 executed by Flow for the benefit of the City, which Deed of Trust is recorded in Volume 2309, Page 481 of the Official Real Property Records of Denton County, Texas; that one certain Amended and Restated Security Agreement executed on the 19th day of February, 1988 by Flow in favor of the City; and that one certain Plan of Liquidation, as amended, and as confirmed by Order Confirming Plan of Liquidation of Flow Regional Medical Center, Inc. (the "Plan"), dated May 16, 1990 in Case Number 88-42099 in the united States Bankruptcy Court for the Eastern District of Texas, styled In Re: Flow Regional Medical Center, Inc.; and WHEREAS, the city is desirous of perfecting its lien in the assets described below by placing the assets with the Escrow Agent under the te£ms of this agreement. NOW, THEREFORE, it is agreed as follows: 1. The following assets are tendered to the Escrow Agent pursuant to the terms of this Agreement, and shall be referred to herein as the "Escrowed Funds": A. That one certain promissory note in the original principal sum of $2,000,000 executed by Natomi Hospitals of Texas, Inc. payable to Flow~. Flow agrees to notify ESCROU AGREEMENT ... PAGE 1 Notami Hospitals of Texas, Inc. to make all future payments on said note directly to the Escrow Agent. B. $370,000 in face amount of U.S.. Government obligations currently held in safekeeping at First State Bank of Denton for the benefit of Flow. 2. The Escrow Agent will not release any or all of the principal amount of the Escrowed Funds un~il and unless: A. He is authorized to do so by a written document executed by the then serving city Manager of the City, after being duly authorized by the city Council, and the President of Flow (or the President of any successor entity to Flow); or B. January 1, 2008, at which time he may release all or part of the Escrowed Funds to Flow, upon such terms as it may direct, and without necessity of obtaining the permission of the city; or C. Flow procures the insurance described in the Plan. 3. The Escrow Agent shall also have the power to invest or reinvest the Escrowed Funds in such manner as directed by Flow, provided that any such investment or reinvestment of the Escrowed Funds shall remain subject to the terms of this Agreement. 4. Nothing herein shall prohibit the Escrow Agent from releasing any interest earned on the Escrowed Funds to Flow, as directed by Flow; provided, however, that the payments received on that one certain note receivable from Notami Hospitals of Texas, Inc. in the original principal sum of $2,000,000 are to be considered part of the principal of the Escrowed Funds and not ESCROW AGREEMENT ... PAGE interest for purposes of this paragraph. 5. Any notices to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Manager City of Denton Municipal Building Denton, Texas 76201 City Attorney City of Denton Municipal Building Denton, Texas 76201 FLOW: Sennett Kirk, President c/o Flow Regional Medical Center 1310 Scripture Denton, Texas 76201 ESCROW First State Bank of Denton AGENT: Trust Department P.O. Box 100 Denton, Texas 76202 6. The city agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. Alternatively, in the event the City desires not to pay the fees of the Escrow Agent, the Escrow Agent may be changed to the President of the Board of Flow Regional Medical Center, Inc. or its successor, acting in his or her individual capacity, who agrees to act as Escrow Agent without fee. 7. Escrow Agent agrees that any cash funds held pursuant to this agreement which may be placed in financial institutions, will be placed in such a manner as to insure theft the funds are insured by a federal agency, such as the Federal Deposit Insurance Agency or are protected from the insolvency of any such institution by a ESCRO~ AGREEMENT ... PAGE pledge of that institution's securities. 8. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the Escrowed Funds in accordance with this Agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this Agreement or in connection with the amounts deposited, except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited, the proper interpretation of this Agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this Agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right to do either or both of the following: (a) withhold and/or stop all further performance under this Agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all parties hereto, that the ~estion, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain a final judgment rendered by a court of competent: jurisdiction, an order binding all parties interested in this matter. 9. The City may change the Escrow Agent at any time, provided that any successor Escrow Agent agrees to be bound by the ESCRO~ AGREEMENT ... PAGE 4 tens of this Escrow Agreement. 10. This Agreement shall be binding upon successors and assigns of the parties hereto. 11. The parties hereto agree that this Agreement is executed and perfo~able in Denton County, Texas and that if any legal action is necessa~ in connection with this Agreement, exclusive venue shall lie in Denton County,~exas. FLOW REGIONAL MEDICAL CENTER, INC. By: CITY OF DENTON Bob Castleberry, Mayor/ By: ESCRO~ AGREEHENT ... PAGE 5 e:\wpdoc$\k\tmpacont.re$ RESOLUTION NO. ~~__ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF DENTON, BRYAN, GARLAND AND GREENVILLE FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY TO THE CITY OF COLLEGE STATION; 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 Texas Municipal Power Agency and the Cities of Denton, Bryan, Garland and Greenville for the administration of the contract for the sale of power and energy to the city of College Station, 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 imme- diately upon its passage and approval. PASSED AND APPROVED this the --~day of ~ 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY CONTRACT BY AND AMONG TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF BRYAN, DENTON, GARLAND AND GREENVILLE, TEXAS FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY BY THE CITIES TO COLLEGE STATION, TEXAS THIS AGREEMENT, made and entered into as of the L~ day of ~]~-~>~,~A~ 199~, by and among the Texas Municipal Power Agency ("TMPA") and the Cities of Bryan, Denton, Garland, and Greenville ("the Cities"), all municipal corporations organized under the laws of the State of Texas. WITNESSETN: WHEREAS, the Cities have each entered into a contract with the City of College Station, Texas ("College Station"), providing for the sale to College Station of power and energy, which contract (the "College Station Contract") is attached hereto for purposes of identification only, and marked as Exhibit "A". WHEREAS, the Cities desire to enter into an agreement among themselves to provide for the administration of the College Station Contract by TMPA, and to provide for the distribution of revenues from such sales of power and energy proportionate to the Cities' respective contributions to such sale. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties hereto as hereinafter set forth, the parties do hereby contract and agree as follows: Section I. ADMINISTRATION OF THE COLLEGE STATION CONTRACT (a) In order to provide for the proper administration of the College Station Contract, the Cities each designate TMPA as each City's agent to perform the billing services described in the College Station Contract. TMPA shall render statements for the capacity and energy charges which may accrue under said contract to College Station in accordance with the terms of the contract. Complete and necessary records of all sales of energy and capacity under such contract and all actions taken by TMPA thereunder on behalf of the Cities shall be maintained by TMPA and furnished on a monthly basis to each City. (b) TMPA shall determine the allocation of each City of the amount received from College Station for capacity and energy sold to College Station by the Cities in accordance with the terms of the College Station Contract and with the terms of this Agreement. Such allocation shall be disbursed to the Cities within ten (10) days after the receipt of each payment from College Station. For all disbursements made after said ten (10) days ("Late Payments"), TMPA shall pay interest to each City (to accrue commencing on the eleventh day following the receipt by the Agency of payment from College Station) at the Average Interest Earnings rate as described in Exhibit "C". The obligation to pay interest on Late Payments shall apply to amounts received from College Station both before and after the date of this Agreement. (c) TMPA will request and the Cities will provide necessary information to allow TMPA to make a calculation of average annual energy cost to determine if College Station paid more than such cost, after adjusting for load factor and the effect of delivery at distribution voltage. Any over-collections so identified will be rebated to College Station by TMPA. TMPA will be reimbursed for the rebate out of revenues received from College Station following the rebate prior to disbursement of the revenues to the Cities, or as otherwise agreed between TMPA and the Cities if, following the rebate, revenues from College Station are not adequate to cover the rebate. SECTION 2: COMPUTATION OF CHARGES FOR CAPACITY AND ENERGY (a) DEMAND CHARGES Each City will receive a percentage share of the demand revenue. This percentage shall be the percentage of each City's generating capacity above load and required reserves to the sum of the four Cities' generating capacity above load and required reserves, except that no City's percentage shall ever drop below 1.54. In the event that this calculation yields a number below 1.54 for one or more Cities, that City or those Cities shall receive 1.54 of the revenue each, with the balance being allocated to the remaining Cities in proportion to their generating capacity above their load and required reserves. As used herein, "generating capacity" means the maximum normal rated load carrying capability of generating equipment expressed in MW. A monthly disbursement of the payments received from College Station for demand charges shall be made to the Cities, based upon estimates of peak loads, generating capacity and excess generating capacity.. At such time as the Cities' actual peak loads have been established, TMPA shall compute the variances between the payments based on estimates, and payments based on actual operating figures, and corrections for such variances shall be reflected in subsequent disbursements. (b) ENERGY AND FUEL CHARGES Income attributable to energy and fuel charges shall be allocated to each of the Cities in accordance with the energy supplied to College Station by each City. Energy from Gibbons Creek shall be supplied to College Station from each City's Net Energy For Load as defined by the Power Sales Contracts and calculated by TMPA at the beginning of each Fiscal Year. Purchased power shall be supplied to College Station in the same manner as the energy from Gibbons Creek. Energy generated by the Cities for College Station shall be allocated among the Cities based on each City's generation as a percentage of the total generation of all of the Cities. SECTION 3: ADDITIONAL FACILITIES (a) TMPA agrees to construct the facilities shown on Exhibit "B" (hereinafter, the "Facilities"). TMPA will own and operate the Facilities until the date title to the Facilities is transferred to the TMPA Cities under subsection (b). Approval by the Cities of the usE! of proceeds of the Comanche Peak Settlement Agreement for construction of the Facilities is hereby given. (b) The Cities agree to pay TMPA an administration fee (hereinafter, the "Administration Fee") in amounts sufficient to amortize TMPA's construction expense at TMPA's average interest earnings rate over a period (hereinafter, the Amortization Period) beginning on the first date of power delivery and ending September 30, 1996. The Administration Fee shall be allocated to each City in the same proportion that revenues from demand charges from College Station are distributed to each City under this Agreement. TMPA's Administration Fee (including the average interest earnings rate) shall be determined in accordance with Exhibit "C". At the end of the Amortization Period, title to the Facilities will be transferred automatically under this Agreement to the TMPA Cities, with each TMPA City owning an undivided interest in the Facilities in the same proportion that each TMPA City has contributed to the Administration Fee through September 30, 1996. If the Cities request, TMPA shall execute a deed which reflects the conveyance of title, in a form acceptable to the Cities and TMPA. Prior to the conveyance of title to the Facilities on September 30, 1996, TMPA shall, in accordance with Section 272.001(b), Local Government Code (the "Statute"), obtain an appraisal of the Facilities. The purchase price for the Facilities shall be the Administration Fee, unless a greater amount is required by the Statute. (c) TMPA shall deduct its Administration Fee from the revenues paid under the College Station Contract prior to disbursemem~ to the Cities under Section l(b). (d) TMPA shall, prior to and after conveyance of title to the Facilities to the Cities, maintain the Facilities. TMPA may maintain the Facilities utilizing TMPA personnel or may cause these Facilities to be maintained by contracting with a City, a contractor, or others to provide such maintenance. The maintenance costs (hereinafter, the "Maintenance Fee") shall be deducted by TMPA from the revenues received from College Station prior to disbursement of the revenues to the Cities, and shall be allocated to the Cities in the same proportion that the revenues from demand charges from College Station are distributed to each City under this Agreement. TMP~shall discontinue collection of the Maintenance Fee if it exercises the option under subsection (e) to purchase or retain title to the Facilities. (e) If the Cities re-create TMPA by the addition of College Station, College Station otherwise becomes a member of TMPA:, or TMPA becomes obligated to sell power or energy to College Station, TMPA, if it determines that ownership of the Facilities is advisable, may acquire or retain title to the Facilities in the following manner: 1. Prior to the end of the Amortization Period, TMPA may retain title to the Facilities by refunding any previously collected Administration Fee (not including interest paid during the Amortization Period) and by discontinuing collection of the Administration Fee. 2. After the Amortization Period, TMPA may purchase title to the Facilities. The purchase price shall be the fair market value of the Facilities, as required by the Statute. TMPA, in order to exercise this option, may, at least six (6) months prior to the proposed closing date, mail to the Cities a written notice which states that TMPA intends to exercise its option to purchase the Facilities and which specifies the proposed closing date. Within two (2) months following the mailing of the notice, the Cities shall in good faith select a qualified appraiser and direct the appraiser to appraise the Facilities within two (2) months following the selection of the appraiser. If TMPA agrees with the appraisal, then, on the closing date (i) the Cities shall execute a deed which reflects the conveyance of title, in a form acceptable to the Cities and TMPA and (ii) TMPA shall pay to the Cities the fair market value of the Facilities as determined by the Appraisal. SECTION 4: DURATION OF AGREEMENT This Agreement shall be in effect concurrently with and for so long as the College Station Contract is in effect for all of Bryan, Denton, Garland, and Greenville. This Agreement shall terminate when the College Station Contract terminates with respect to any of Bryan, Denton, Garland or Greenville. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written. CITY OF BRYAN ATTEST: Ci%¥ At~r~y CITY OF DENTON CITY OF GREENVILLE TEXAS MUNICIPAL POWER AGENCY E8 ~oner~Execut~ve ~irecgor an~ ~ener~] ~na~er This Agreement is ente~ed '~,~..:~ ~'.:¥ .~nd[ between the City of College Station, a Te~: ~; ~,~un i,'.'ipa i Home-Rule Corporation (hereinafter refe~_'red to as College Station) and the cities of Bryan, Denton, GaYs!and and G~'eenvil!e, Texas, (hereinafter referred to as Supplying cities) fo~ the sale and purchase of wholasale electz~ic service. -~ WHEREAS, College Stat ion has a need. for an ~_ .onom ica 1 · reliable sot*_.-e of power and energy to supply its resic~nts ~r*-~ ~;,eet the deman,.~_-, of its load growth; %~i[.zqEAS, the Supplying Cities each own a~d operate municii.:,. electric generation and distribution systems which have enough capacity to meet their load and power reqn~irements, as well ~'-:erve requirements and other contractual requirements fo~ t per~od of th~*~ contraot; ; *' RE;S, certain Supplying cities currently have suffic capa,~ ~o provide Colle,je Station with electricity ~'or c,.~.-,n load; ~..iEREAS, the Supplying cities desire to sell and Station is willing to purchase power and energy c.~' "e ~, '~ ~d cor-ditions herein set forth; ~';HEREAS, the Interlocal Cooperation Act exp~. . ~ ~. ows ci:~~. tc make mutually beneficial agreemenlzs fu~- the :hari~ . of s~* ~' · s and functions so as to provide for the welfare of I ir '*~z*-~n~; and obtain beneficial economical savings; AREAS, the Supplying cities and College Station desk;<. :.'.~ate together _n the planning, construotion and usc of. ~:~.:.~:, generation facilities; ;.<:.~ THEREFORE, in consideration of th,e mut~'~.i un'!ert6. [-e~n contained, the Suppl!~ing cities and Colle.~ ~<tas~.o:- os follows: ARTICLE 1. DEFINITIONS AS (a) "TMPA" shall mean the Texas Municipal Power Agency. "Colleg-'.~ Station" shall mean the City' of College St Texas. "Supplying cities" shall mea~ the cities of Bryan, Texa:s: Denton, Texas; Garland, Texas; and Greenville, Texas. ARTICLE II. SALE AND PURCHASE OF POWER AND ENERGY (a) The Supplying Cities agree to provide and College Station agrees to purchase and to receive the ~aotal requirements for power and energy which College Station shall require for the operation of its 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 understanding 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 in 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 enerq~ 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 participate in future generation projects. The Supplying Cities agree to provide College Station with 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 dete]nnines 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 joins with the Supplying cities 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 Cities shall supply requea.ted increases in load, energy, and power requirements, subject to the terms of this contract. -2- (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 r'eason of force majeure as hereinafter provided, the Supplying Cities shall not be liable therefor or for damages caused thereby. (h) The obligation of College Station to put'chase power and energy shall not be a ~~f~llege Station, but shall be discharged as an ~ng o~,its electric utility and only ARTICLE III. FUTURE GENERATION The Supplying Cities shall notify College Station of the date that the 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 S~ledule "B" on College Station's 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 participation by College Station as an equal member of the future project to the extent perraitted 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 no~ificn~ion to the Supplying Cities of its intent to parLicipate in a fuL'~re generation project shall utilize its best efforts to secure legal authorization to participate. ARTICLE IV. CONTRACT ~©~_~R The amount of power provided by the Supplying Cities initially shdll be 110 MW of electric power. ARTICLE V. POINT(S) OF DELIVERY (a) The Supplying cities shall deliver to College Station energy and 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 mu.tually 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 × .90 Power Factor ARTICLE VI. METERS (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) S~pplying cities shall test and calik,rate meters or cause meters to be tested and calibrated by comparison with accurate standards at intervals of twelve month~, 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 College 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 test. The Supplying Citie~ shall pay for the ~ost of the test whenever the test reveals the meter to be in error by more than 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 period 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- .ISc~R ~E '90 14:44 CITY C.S. PUPCHASIHG " L F'.6/14~ · LQ-50.5 ,,~./ ,,..,,/ or cause College Station to be notified in advance of the time of any meter reading or meter test. ARTIC~ VII. RATES AND CHARGES (a) Supplying Cities agree to sell and College Station agrees to purchase power and energy on the ter~s 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 coll,.ge 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 A~WH the preceding year as 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 %~ich 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 calculation of average costs shall be charged to reflect that reduced demand on the Supplying Cities and then current Supplying City costs. ARTICLE VIII. DEFAULT (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- 14:4% CiTY C.S. PIII~CHF-~SIIIG p.?x~4 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 (lS) 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 nondie:puted amount placing the disputed amount into escrow until the dispute is resolved with the Supplying Cities. Once the dispute is resolved, the prevailing party shall be entitled to the disputed funds with interest. ART~C~.~ IX. FORCE MAJEURE 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 ~ivil 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 occurrence 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 su.spended during the continuance of the inability then claimed, but for no longer period, 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 above mentioned. It is further agreed, that the settlement of strikes and lockouts shall be entirely within ~zhe 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- .M?:R WE 'gFd 14:46 CITY C.S. PURCHASII~G unfavorable to it in the judgment of the party having the difficulty. ARTICLE X. GOVERNMENTAL REGULATIONS AND LAWS This agreement shall be subject to al/ of the valid rules, regulations, and laws applicable thereto, a.s 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. ARTICLE XI. EASEMENTS College Station and the Supplying cities agree that the Supplying 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 Colleqe 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 registez~d 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- M.-~P. 02! 'q~ ~4:47 CIT'F' C.c F'LIF.?HRSIM,S -- -. 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 signature hereto. It is further agreed that the parties ~hall provide proof of authorization to sign this agreement. -- ARTICLE XIV. REPORTS The Supplying cities shall prepare and issue to College Station a semiannual report of fuel costs and charges to College station. The Supplying Cities shall also provide College Station with all reports and statements, not priviZLeged by law or court decision, provided to them by TMPA, which reports shall include but not be limited to (i) financial and operating statement relating to the TMPA system; (ii) status of construct:ion for each facility constituting the TMPA system during construction; and (iii) analysis of operations relating to the TMPA system. ARTIC¥~ 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 pl~ovide, 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 verification of average system costs. This duty to provide access to information shall not extend to information privileged by law or court decision. ARTICLE XVI. CONTRACTS TO BE SEPARATI~ This instrument embodies four separate contracts between the Supplying cities and College Station. Each Supplying City's obligation under this contract shall be limited 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 ~apacity, including its then current entitlement from Gibbons Creek and 1.15 times that city's native peak load, not including other firm or nonfirm sales and the denominator of which is the sum of these calculations for all the Supplying Cities. ARTICLE XVII. ASSIGNMENT This agreement may not be assigned without the written consent of all other parties to the agreement. .14~P 1322 'DB :14:48 CITY C.eo. PLI~:CH~S]-IqG ...... 'F'.10/14 -,' LC-50.5 ~ ,,__,,, ARTICLE XVIII. EFFECTIVE .DATE The effective date of this agreement shall be January 1, 1990. ARTICLe. ](IX. SEVERABILIT¥ 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 invalidity shall not invalidate the whole contract but it 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. AMENDMENTS 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) ATTEST: City Secr~_~ry CITY OF BRYAN, TEXAS (Seal) Mayor ATTEST: BIZ 7. '" Y ecrelzary ' LC-50.5 ,,_,. .,,._/ CITY OF DENTON, TEXAS By: (Seal) Mayor ATTEST~ By:_ City Secretary CITY OP GARLAND, TEXAS By: Mayor (Seal) ATTEST: By: City secretary CITY OF GREENVILLR, TEXAS By: Chairman of Board (Seal) ATTEST: By: Secretary of Board -10- - LC-50.5 ~./ SCHEDULE A RATES Demand Charge ................. $11.78/KW Energy Cha~ge ................. $ 2/MWH DEMAND CHARGE SHALL APPLY TO THE MAXIMUM HOURLY COINCIDENTAL MET. ERED D~MAND RECORDED OVER THE BILLING MONTH (AS ADJUSTED FOR POWER FACTOR, IF N~.CESSARY). A MONTHLY FUEL CHARGE WILL BE MULTIPLIED BY T~'E ENERGY CONSUMPTION. THE FUEL CHARGE WILL BE THE AVERAGE COST OF FUEL FOR THE SUPPLYING CITIES AND CO¥,¥,FGE STATION. THE FUEL CHARGE WILL BE CALCULATED ON AN "ESTIMATE AND CORRECT" BASIS. THESE RATES WILL CONTINUE IN EFFECT UNTIL THiS 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 REF~,~.CT THE REDUCED D~F~iqD ON THE SUPPLYING CITIES AND THEN CUR/LENT SUPPLYING CITY COSTS, _'14t~R Fi~ '90 14:5F~ CITY C.S. PURCHASIM'} ..... SCHEDULE B AT SUCH TIME THAT COL~GE STATION JOINTLY ~TICIPATES 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 SE~WE THE NEW FACILITY. VALUE SHALL BE INSTALLED COST, I~SS DEPRECIATION. COLLEGE STATION WILL PAY, AS A PART OF ITS PAYMENT FOR THE NE'W JOINT FACILITY, ITS SHARE OF THE EXISTING FACILITIES. THE SUPPIJING CITIES WILL NOT PARTICIPATE IN THE TMPA PROJECT UNLESS COLT~GE STATION IS CREDITED $6,600,000 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 - i' LC-50.5 "--~' SCHEDULE C THE SUPPLYING CITIES SHALL CALCULATE THEIR SYSTEM AVERAGE COSTS FOR THE PURPOSES OF ADJUSTING RATES AS IN A/{TICI.E VII BY ANNUALLY SUMNING THE DEMAND CHARGES OF TMPA, THE ENERGY CHARGES OF TMPA, TPLE 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 - EXHIBIT "C" 1. "Project Costs" are the costs of labor, materials, contractors, professional services, and other costs (including interest on such costs accrued during construction and calculated at the Average Interest Earnings Rate) relating to the construction of the facilities described in Exhibit "B" as shown in the Agency's accounting records. 2. The "Average Interest Earnings Rate" is the interest rate determined, on a monthly basis, by averaging the daily rates shown in the Agency's Open Repo Investment Account. 3. The Administration Fee shall be calculated by amortizing the sum of the Project Costs by the amortization period. The Administration Fee shall also include an interest charge determined as follows: (i) On the date of the commencement of the delivery of power and energy through the facilities described in Exhibit "B", interest on the declining balance of Project Costs sha'll accrue on a monthly basis at the Average Interest Earnings Rate; (ii) In order to levelize the charge for interest, TMPA may impose a fixed rate for a twelve month or longer period, and adjust the interest charge at a later date to reflect the actual interest accrued each month under the Average Interest Earnings Rate. The fixed rate shall be based on the Average Interest Earnings Rate determined on the last day of the month preceding the period during which the fixed rate is to be applied. e:\wpdocs\k\tmpacont,res A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF DENTON, BRYAN, GARLAND AND GREENVILLE FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY TO THE CITY OF BOWIE; 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 Texas Municipal Power Agency and the cities of Denton, Bryan, Garland and Greenville for the administration of the contract for the sale of power and energy to the City of Bowie, 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 imme- diately upon its passage and approval. ~ PASSED AND APPROVED this the'~day of , 1992. BOB CASTLEBERRY, MAYO? ~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY CONTRACT BY AND AMONG TEXAS MUNICIPAL POWER AGEI~CY AND THE CITIES OF BRYAN, DENTON, GARLAND AND GREENVILLE, TEXAS FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY BY THE CITIES TO BOWIE, TEXAS THIS AGREEMENT, made and entered into as of the~ day of~.</, 199;L, by and among the Texas Municipal Power Agency ("TMPA") and the Cities/of Bryan, Denton, Garland, and Greenville ("the Cities"i), all municipal corporations organized under the laws of the State of Texas. WITNESSETH: WHEREAS, the Cities have each entered into a contract with the City of Bowie, Texas ("Bowie"), providing for the sale to Bowie of power and energy, which contract (the "Bowie Contract") is attached hereto for purposes of identification only, and marked as Exhibit "A". WHEREAS, the Cities desire to enter into an agreement among themselves to provide for the administration of the Bowie Contract by TMPA, and to provide for the distribution of revenues from such sales of power and energy proportionate to the Cities' respective contributions to such sale. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties hereto as hereinafter set forth, the parties do hereby contract and agree as follows: Section I. ADMINISTRATION OF THE BOWIE CONTRACT (a) In order to provide for the proper administration of the Bowie Contract, the Cities each designate TMPA as each City's agent to perform the billing services described in the Bowie Contract. TMPA shall render statements for the capacity and energy charges which may accrue under said contract to Bowie in accordance with the terms of the contract. Complete and necessary records of all sales of energy and capacity under such contract and all actions taken by TMPA thereunder on behalf of the Cities shall be maintained by TMPA and furnished on a monthly basis to each City. (b) TMPA shall determine the allocation of each City of the amount received from Bowie for capacity and energy sold to Bowie by the Cities in accordance with the terms of the Bowie Contract and with the terms of this Agreement. Such allocation shall be disbursed to the Cities within ten (10) days after the receipt of each payment from Bowie. For .all disbursements made after said ten (10) days ("Late Payments"), TMPA shall pay interest to each City (to accrue commencing on the eleventh day following the receipt by the Agency of payment from Bowie) at the Average Interest Earnings rate as described in Exhibit "C". The obligation to pay interest on Late Payments shall apply to amounts received from Bowie both before and after the date of this Agreement. (c) TMPA will request and the Cities will provide necessary information to allow TMPA to make a calculation of average annual energy cost to determine if Bowie paid more than such cost, after adjusting for load factor and the effect of delivery at distribution voltage. Any over-collections so identified will be rebated to Bowie by TMPA. TMPA will be reimbursed for the rebate out of revenues received from Bowie following the rebate prior to disbursement of the revenues to the Cities, or as otherwise agreed between TMPA and the Cities if, following the rebate, revenues from Bowie are not adequate to cover the rebate. SECTION 2: COMPUTATION OF CHARGES FOR CAPACITY AND ENERGY (a) DEMAND CHARGES Each City will receive a percentage share of the demand revenue. The percentage share shall be calculated in two parts, l'he first part represents the proportion that the generating capacity of TMPA generating units in commercial operation (excluding Comanche Peak) bears to the generating capacities of all TMPA and City units (excluding Comanche Peak) in commercial operation. That part shall be allocated to each City in accordance with each City's allocation of generating capacity from TMPA. The remaining part shall be distributed in accordance with the percentage that each City's generating capacity above load and required reserves bears to the sum of the four Cities' generating capacity above load and required reserves. As used herein, "generating capacity" means the maximum normal rated load carrying capability of generating equipment expressed in MW. A monthly disbursement of the payments received from Bowie for demand charges shall be made to the Cities, based upon estimates of peak loads, generating capacity and excess generating capacity. At such time as the Cities' actual peak loads have been established, TMPA shall compute the variances between the payments based on estimates, and payments based on actual operating figures, and corrections for such variances shall be reflected in subsequent disbursements. (b) ENERGY AND FUEL CHARGES Income attributable to energy and fuel charges shall be allocated to each of the Cities in accordance with the energy supplied to Bowie by each City. Energy from Gibbons Creek shall be supplied to Bowie from each City's Net Energy For Load as defined by the Power Sales Contracts and calculated by TMPA at the beginning of each Fiscal Year. Purchased power shal'l be supplied to Bowie in the same manner as the energy from Gibbons Creek. Energy generated by the Cities for Bowie shall be allocated among the Cities based on each City's generation as a percentage of the total generation of all of the Cities. SECTION 3: ADDITIONAL FACILITIES (a) TMPA agrees to construct the facilities shown on Exhibit "B" (hereinafter, the "Facilities"). TMPAwill own and operate the Facilities until the date title to the Facilities is transferred to the TMPA Cities under subsection (b). Approval by the Cities of the use of proceeds of the Comanche Peak Settlement Agreement for construction of the Facilities is hereby given. (b) The Cities agree to pay TMPA an administration fee (hereinafter, the "Administration Fee") in amounts sufficient to amortize TMPA's construction expense at TMPA's average interest earnings rate over a period (hereinafter, the Amortization Period) beginning on the first date of power delivery and ending September 30, 1996. The Administration Fee shall be allocated to each City in the same proportion that revenues from demand charges from Bowie are distributed to each City under this Agreement. TMPA's Administration Fee (including the average interest earnings rate) shall be determined in accordance with Exhibit "C". At the end of the Amortization Period, title to the Facilities will be transferred automatically under this Agreement to the TMPA Cities, with each TMPA City owning an undivided interest in the Facilities in the same proportion that each TMPA City has contributed to the Administration Fee through September 30, 1996. If the Cities request, TMPA shall execute a deed which reflects the conveyance of title, in a form acceptable to the Cities and TMPA. Prior to the conveyance of title to the Facilities on September 30, 1996, TMPA shall, in accordance with Section 272.001(b), Local Government Code (the "Statute"), obtain an appraisal of the Facilities. The purchase price for the Facilities shall be the Administration Fee, unless a greater amount is required by the Statute. (c) TMPA shall deduct its Administration Fee from the revenues paid under the Bowie Contract prior to disbursement to the Cities under Section l(b). (d) TMPA shall, prior to and after conveyance of title to the Facilities to the Cities, maintain the Facilities. TMPA may maintain the Facilities utilizing TMPA personnel or may cause these Facilities to be maintained by contracting with a City, a contractor, or others to provide such maintenance. The maintenance costs wlereinafter, the "Maintenance Fee } shall be deducted by TMPA from the revenues received from Bowie prior to disbursement of the revenues to the Cities, and shall be allocated to the Cities in the same proportion that the revenues from demand charges from Bowie are distributed to each City under this Agreement. SECTION 4: DURATION OF AGREEMENT This Agreement shall be in effect concurrently with and for so long as the Bowie Contract is in effect for all of Bryan, Denton, Garland, and Greenville. This Agreement shall terminate when the Bowie Contract terminates with respect to any of Bryan, Denton, Garland or Greenville. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written. CITY OF BRYAN ATTEST: Cfty Attorney CITY OF DENTON CITY OF GARLAND CITY OF GREENVILLE [d~oner, ~ecutive ~irect and fieneral ~ana~er CONTRACT FOR SALE AND PURCHASE OF FIRM POWER AND ENERGY between CITY OF BOWIE, 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 TABLE OF CONTENTS Page SECTION 1: Capacity of Parties: Nature and Number of Contracts ............................................. 2 SECTION 2: Definitions .............................................. 3 SECTION 3: Sale and Purchase of Firm Power and Energy ............... SECTION 4: Delivery of Firm Power and Energy ........................ 6 SECTION 5: Rates and Charges ........................................ 8 SECTION 6: Meter Readings and Seller's Billing ...................... 10 SECTION 7: Meter Testing and Billing Adjustment ..................... 10 SECTION 8: Payments to Constitute Operating Expenses of Purchaser's System .................................... 11 SECTION 9: Covenants of the Purchaser ............................... 11 SECTION 10: Covenants of the Seller .................................. 12 SECTION 11: Remedies in Event of Default ............................. 13 SECTION 12: Payment Due Dates and Delinquency ........................ SECTION 13: Term of Contract ......................................... 15 SECTION 14: Force Majeure ............................................ 17 SECTION 15: Records and Accounts ..................................... 18 SECTION 16: Access ................................................... 18 SECTION 17: Assignment ............................................... 19 SECTION 18: Successors and Assigns ................................... 19 SECTION 19: Governmental Rates, Regulations and laws ................. 19 SECTION 20: Notices .................................................. 20 SECTION 21: Severability ............................................. 20 SECTION 22: Entire Contract .......................................... 20 SECTION 23: No Waiver ................................................ 20 SECTION 24: Venue .................................................... 21 EXHIBITS Exhibit A ............................................................... 23 Exhibit B ............................................................... 24 Exhibit C ............................................................... 25 Exhibit D ............................................................... 26 Exhibit E ............................................................... 27 Exhibit F ............................................................... 28 CONTRACT FOR SALE AND PURCHASE OF FIRM POWER AND ENERGY between City of Bowie, 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 This Contract, made and entered into as of the ___day of , 1990 (but effective on the date provided in Section 13 hereof), by and between the City of Bowie, Texas (the "Purchaser"), a municipal corporation and political subdivision of the State of Texas, and the City of Bryan, lexas, the City of Denton, Texas, the City of Garland, Texas, and the City of Greenville, Texas, each of which cities is a municipal corporation and a political subdivision 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). WITNESSETH: WHEREAS, the Purchaser has need of an economical, reliable source of Firm Power and Energy to meet the demands of its customers and has determined to purchase such Firm Power and Energy from the Seller;i 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 with 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. NOW THEREFOR£, 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 contain substantially identical terms except insofar as a particular provision is clearly applicable 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 but this declaration does not affect in any respect the obligations of the Seller to the Purchaser under this Contract. 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. This 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 Seller that execute this instrument since the Sellers that do execute this Contract are requireci to provide all of the Firm Power and Energy requirements of the Purchaser as described in Section 3(c). Subject to the foregoing, this Contract may be executed in counterparts. 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) "Garland" shall mean the City of Garland, Texas. (d) "Greenville" shall mean the City of Greenville, Texas. (e) "Energy" shall mean kilowatt-hours (kWh). (f) "ERCOT" shall mean the Electric Reliability Council of Texas. (g) "Firm" shall mean continuous and without interruption (except for an event of Force Majeure as defined in Section 14.) (h) "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 Exhibit "A", and a change therein, approved by the Seller and the Purchaser shall not be considered as an amendment to this Contract. (i) "Power" shall mean kilowatts (kW). (j) "Purchaser" shall mean the City of Bowie, Texas. (k) "Seller" shall mean each of Bryan, Denton, Garland, and Greenville acting on its own behalf, severally and not jointly. (1) "System" shall mean the Sellers' electric utility systems. (m) "TMPA" shall mean Texas Municipal Power Agency. (n) "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. SECTION 3: Sale and Purchase of Firm Power and Enerqy. (a) The Seller agrees to sell and deliver Firm Power and Energy and the Purchaser agrees to purchase and receive the Purchaser's total requirements for the operation of the Purchaser's electric system in excess of (i) any amount generated from facilities which the Purchaser jointly owns with TMPA, (ii) any amount purchased from TMPA after re-creation of TMPA by the addition of one or more of cities including, but not limited to, the Purchaser, (iii) 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, (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, (vi) any amount supplied by renewable resources, provided that Purchaser is an owner of the supplying facility, (vii) any amount supplied from a facility certified by the Federal Energy Regulatory Commission as a Qualifying Facility, provided that the Qualifying Facility is located in the service area of the Purchaser and is electrically connected to the electric system of the Purchaser, (viii) any amount supplied by cogeneration or other "on-site" generation associated with economic development activities of the Purchaser, provided that the facility is located in the service area of the Purchaser and is electrically connected to the electric system of the Purchaser, and (ix) any amount supplied by contracts with governmental agencies for supply of Capacity or Energy to Purchaser .as a preference customer as defined by Section 5 of the Flood Control Act of 1944 (16US¢ Sec. 825s). The Purchaser shall provide written notice to the Seller when the Purchaser has taken formal action to accept a potential supply of Power and Energy under items (vi) through (ix) of this section. (b) It is the intent of this Contract that if any Seller, 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 P~rchaser, as required 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 non-firmsales and the denominator of which is the sum of the numerators for all of the Sellers. Exhibit "B" reflects two examples of calculations of the above formula~ (d) In association with the Power and Energy being sold to Purchaser, Seller will provide all of the operating and planning reserves required by applicable operating agreements with other members of ERCOT in proportion to its obligation to provide Firm Power and Energy under Section 3(c) above. (e) On January 1 of each year during the term of this Contract, the Purchaser shall provide to Seller (at the addresses set forth in Exhibit D) a forecast of its requirements for Power and Energy for the next five years and other information reasonably required by Seller to e~able Seller to plan for the Power and Energy requirements of Purchaser. SECTION 4: Delivery of Firm Power and Enerqy. (a) The Firm Power and Energy to be furnished under this Contract shall be three (3) phase, alternating current, at a nominal standard voltage of 138,000 volts at the Points of Delivery, and a nominal frequency of sixty (60) Hertz, subject to conditions of delivery and measurement as hereinafter provided. Cb) The Points of Delivery and the conditions of service pertinent thereto shall be in accordance with Exhibit "A' attached to this contract, as may be modifJed by the Seller and the Purchaser from Li~e to time. The location of the Points of Delivery, for service commencing on January 1, 1992, shall be mutuatly agreed upon ~etween Purchaser and Seller. A~ter con~e,lcenk~nt of service under this Contract, no delivery points will be added without permls$ior of the Purchaser. The Seller at its expense will provide for the construction of facilities on the supply sld~ of the metering point and for the operation and matntenonce of those facilities, except as noted ,~n £xhiblt "A". (c~ The Seller wtll he responsible for Ftr.n delivery of Firm Po~er and Energy un'er this Contract, to the Purchaser at the Points of Delivery, an: any costs related to Firm delivery of Firm Power and £nergy. (d) Heterlng equtFment shall be furnished, installed and :ln~atned by the Seller at each Point of Delivery. if transforming equll~nt is located at the Point of Delivery, said metering equipment shall be located on the high voltage side of the transformer. (e) The Purchaser ~hall maintain its electric system such that the power factor at each metering point shall be between o.go lagging an ~.go leading. in the event that the power factor at the time of monthly peak demand is less than 0.90 lagging, the demand for billing purposes will be adjusted by the following fomula: Adjusted demand ~ ctual d,mand x 0.90 Power Factor SLC110N 5: ~es_~nd Ch~r~cle~s. (a) The rates and charges of the Seller to the Purchaser for Firm Power and Energy and for services supplied shall he: (ii non-discriminatory, (ii) fait' and reasonable, and be calculated based upon the average costs of providing the firm Power and Energy or providing the service with respect to which the rate or charge is based as shown in Exhibit E, and (iii) adjusted annually to reflect the average Energy cost as calculated on an annual basis in the manner described in this section. (b) Except with respect to adjustments e×pressly allowed by Section 5(c), the rates and charges set forth on Exhibit 'C" are fi muntil the earlier of Jaouary ~, 1994 or such date as the Purchaser receives (i) any power or energy generated from facilities which the Purchaser joinlly owns with TMPA, or (ii) any Power or Energy generated by the Purchaser ~rom 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, lhe amended rates and charges shall be based on the criteria in subsection 5(a). (c) On January 1 of each year during the rem of this Contract, Setler~s average Energy cost for the preceding year ending Sel)tember 30 shall be eom,oared with Purchaser's average Energy cost for the same Lime period under the rates charged in Exhibit "C", the Purchaser's average Energy cost adjusted to reflect Purchaser's average Energy cost at the system load factor. 'Seller's average Energy cost shall be calculated by dividing the sum of the total production costs of Seller by the combined Energy >uppiied to Firm load by Seller as shown in Exhibit ~E", lhe total production costs of Seller shall be cal£ulate~ by su~.~ng the demand charge paid to TMPA, the Energy charge paid to IMPA, the operating and maintenance costs (or power generation incurred by Seller, debt service for generation paid by seller, and other associated costs of generation and any cost of additional power and Energy purchased by Seller pursuant to Section lO(a) of this Contract incurred by Seller and consented to by purchaser, which consent shall not be unreasonably withheld, as shown in Exhibit '£"' purchaser's adjusted average Energy cost will be the actual average Energy cost paid under the rate in Exhibit 'C', adjusted to reflect System load factor. An example calculation of the purchaser's adjusted average Energy cost is shown in Exhibit "F". If purchaser's adjusted average Energy cost under Exhibit "F" is less than Seller's average Energy cost, no rebate is required. If purchaser'S adjusted average Energy cost is greater than Seller'S average Energy cost from Exhibit WE.. Seller shall rebate to purchaser on or before Jai~uary I of each year the difference, without interest, between Seller'S average Energy cost and purchaser's adjusted average Energy cost, multiplied by the purchaser's Energy billing units of Exhibit "F". Under no c~rcumstanc~s will the purchaser be required to reimburse monies to the SelleT ;f Seller'S average Energy cost is more than purchaser'S average Energy cost. From and after the date the purchaser receives power and Energy from one of the sources enumerated in subsection ~(a), if a reduction in the purchaser'S demand for Firm power and Energy from the Seller occurS, the calculation of average Energy cost shall be changed to reflect the lower demand of purchaser for Firm power and Energy from the seller and the Seller'S costs at such time. lhe term .Seller' in this paragraph shall include Bryan, Denton, Garland and Greenville, whether or not each is a party to this Contract· SECTION 6: t4eter Readings and Seller's B~lJing, The Sel]er shall read meters or cat,se meters to be read and submit one combined bill and cause the Purchaser to be b;lled for [i rm Power and £nergy furnished under this Contract at ~onthly intervals, if multiple Poiet~ of Delivery are provided by Seller, then the de~and utilized for billing purposes shall be calculated on a coincident peak de~and basis. Payment of the bill is due within fifteen (15) days after receipt by Purchaser. Payment of the bill shall be made to the person, at the address, ~n the manner, specified in the bill, Seller may cause billing services to he performed by THPA or by some other lega! entity, and Seller's bill may be aggregated with the ~ i~s to Purchaser of any other member city of THP~. in such event, the Purchaser may pay a stngle a~ount to THPA ~r to the other entity, as the case may be, for credtt to the account of the Seller and the other cities as detailed on the bill. SECTION 1: nd q Ad.iustments. The Se]let shall test and calibrate meters or cause meters to he tested and calibrated by com?~ison with accurate standards at intervals of twelve months, or such (,ther ~;~terva]s as the parties agree. The Seller shall alsomake or cause to be made special meter tests at any time at the Purchaser's request, The costs of al) tests shah be borne by the Seller; provided, however, that if any special meter test made at the Purchaser's request shali disclose that the meters are recording accurately, the Purchaser shall reimburse the Seller for the cost of such test. Meters registering not more than 1/2 of I% above or below normal shall be deemed to be accurate. The readings or, any meter which shah have been disclosed by test to be inaccurate shall be corrected from the beginning of the monthly billing period immediately preceding the billing period 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 :ii to registe~ the Power and Energy delivered durin§ such period of fa~h,c shall, for hill...g purposes, be estimated by the Seller and the Purchaser from the best information available. The Seller shall notify the Purchaser or cause the P~rchaser to be notified in advance of the time of any meter test so that the Purchaser's representative rl~y be present at such meter test. For the required to provide written ~otification as required by section 21. SECTION 8: a~y~_fj to Constitute 0 eratn x enses f Put s S s~tem. The Purchaser reserves the right to pay operating expenses of its electric system from any funds legally available for the purpose, but the Purchaser's obligation to make paymenis under this Contract shall constitute an operating of its electric system payable solely from the gross revenues of such system. SECTION 9: Covenan~sh~~cZ- (al 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, ,Il amounts payable by the Purchaser under this Contract. (bi The Purchaser covenants that Firm Power and Energy supplied under this 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 re,old to any person or business pursuant ts a written contractual arrangement or other understanding wbich differs in any respect from sales to the public generally. For purposes of this sectiong(b), purchases of Firm Powerand Energy by industrial or 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 treadled as sales to the pub)it generally and are not prohibited by this section. SECTION 10: ~nts of the Sell r. (al The Seller ccvenants to use the same degree of diligence it would use for its native )nad to provide Fi rmPo~er and Energy hereunder. If by reason of Force Majeure, the supply of Firm Power and Energy shall fail, or be interrupted, or become defective as hereinafter provided, the Seller shall not be liable therefor or for damages caused thereby. Pursuant to the Power Sales Contract, as amended, between Selle~ and IMPA, Seller is obligated to take a]l of its requirements from TMPA and is prohibited (except in certain limited circumstances) from constructing additional generating facilities. Therefore, no provision of this Contract requires Seller to co.~struct capacity to provide Fi rmPower and Energy to Purchaser. If Seller does not have sufficient capacity to provide to Purchaser the Firm Power and Energy required under this Contract, Seller shall purchase the additional Power and Energy that is required. (b~ The Seller cov,nants that it w111 operate, maintain and manage it!. System or cause the san to be operated, maintained and managed in an efficient and economical manner, consistent with prudent utility practice and in accordance with standards nomally used by ERCOT utilities owning and operating like properties. SECTION 11; Remedies ~n Event of Default. (al If the Purchaser fails or defaults in meeting the terms, condition~ and covenants of this Contract, the Seller shall give notice fo the Purchaser. The Purchaser shall from the date of the mailing of such notice, have a perio~ of thirty (30J days to cure the default; provided, however, in the event the failure or default is a failure to make payment within fifteen (15) days after receipt of the bill, the Purchaser shall, from the date of mailing of such notice, have a period of fifteen (15) days to cure the default. (bi If the Purchaser does not cure its default within the period specified tn subsection (al, then, so long as the Purchaser remains in default, and in addition to any other rtghts 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 provide written notice to Purchaser prier to the date of temlnation. In the event the default is a failure to pay a bill for Power and Fnergy within fifteen (15) days after receipt of the bill, the Seller shall provide notice of temination at least fifteen {15) days prior to the date of termination, in the event of a default by Purchaser which does not include a failure to pay a bill within fifteen (15) days of receipt of the P ll, the Seller shall provide notice ot termination of least thirty (30) days vrior to the date of termin.~tion. The notice of termination may be included in the notice required under subsection (al and, in such a case, the period of time in which the Purchaser may cure the default may also serve as the notice period prior to temination ~f service, letinination of service hereunder shall not reduce or change the obligation of the Purchaser or Se)let under the other provisions of this Contract. (c) If the Seller fails 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 fifteen {15) days to cure the default. If the default is not cured in the fifteen (15) day period, then the Purchaser shall have all of the rights Jnd remedies provided at law and in equity, including the right to offset any obligations otherwise due Seller and the right for mandatory injunction. SECTION 12: Pa~ t Ou a n ' eli en . In the event tha: the Purchaser fails to make any payment within fifteen (15) days after receipt of the bill, interest on the delinquent amount sha)l accrue at the rate of :eh percent (lO~) per annum from such date until paid in full. Following the fifteen (15) day period in which Purchaser may cure such default as provided Ir 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, institute a proceeding for a mandatory injunction requiring the payment of the amount due and interest thereon, such action to be instituted in a court of competent jurisdiction. S£ETION 13; lem of Contrac't. (al lhe Seller's duty to corr~ence Fir~ P.)wer and Energy under this Contract shall cor~ence on danuary l, 1992. in the event Seller is unable to deliver Firm Power and Energy to Purchaser on said cormmncement date, and the inability to perform is not an event of 'Force Hajeure', the Seller shall {consistent with its contract with THPA) make arrangements with another utility to deliver Firm Power and Energy to Purchaser at no additional cost to Purchaser until such time as Seller is able to deliver Firm Power and Energy under this Contract. Prior to January 1, 1992, the Seller shall energize the 138,000 volt portion of the substation at the Point of Delivery in order to allow Purchaser to test its facilities. Sel)er will endeavor to energize the 138,000 volt portion of the substation by not later than Decemb~r 1, 1991. (bi If Seller does not request Purchaser to enter into a contrdct as specified in subsection (c) hereunder, then this contract shall terminate on January 1, 2002, (c) During the term of this ConCract, Seller may in writing, request Purchaser to enter into a contract (ti with IHPA, For the Joint ownership of a generating unit with THPA, (ii) with TMPA, for th(. purchase of Firm Power and Energy from TMPA, following the re-creation of TMPA by the addition of one or more cities, including Purchaser, (iii) with a jotlt powers agency, created by Purchaser and by one or more of Bryan, Denton, Garland or Greenville, for the purchase of Firm Power and Energy from the joint powers agency, Civ) with a joint powels agency created by one or more of Bryan, Dento% Garland or Greenville, for the joint ownersh p of a generating unit with the joint powers agency, or iv] with FMPA for the c~nstruction of electric generating facilities for the Porchaser utilizing the proceeds of special contract revenue bands to be issued by 1MPA. Hereinafter, such a contract shall be referred to as a 'contract of participation'. id) Within one year after the receipt by Purchaser of a request under subsection (c), Purchaser shall (i) enter into the contract of participation and elect to have this Contract terminate on the date of termination -greed upon by the parties specified in the contract of participation, (ii) deny the req and elect to terminate this Contract, effective two years after receipt of the request, or {iii) 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 retell,ed before any January 1, then the Purchaser and the Seller will be deemed to have continued the Cortract for another five year term co~a~encing on January i. If, however, during the "roi)lng' five year term, the Purchaser or the Seller provides written notice to the other before any January 1 terminating the Contract, then the Contract wt)l terminate at the end of the five year period commencing on January 1. (e) If the Purchaser fails to respond to a request under subsection lc) 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 Cd), i6 (al l, for Any reason of 'Force Hajeure" any of the parties hereto shall Contract, then if such party shall give in~ediate ~,otice and follow with the full particu)ars of such reasons in writing to (h~ other party as soon as pos~ib)e after the occurrence of the event or cause cd on: the obligation of the party giving such ~otice, so far as it is affected by such '~orce Hajeure', sha]l be suspended during the con:inuance of the inability then claimed, but for no longer period, an~ such parl.y shall use the same degree of nilJgence it wou]d use for its native load to re~ove or overcome such inability with all reasonable dispatch. The tera 'Force NaJeure' as employed herein shall mean acts of God, strtkes, 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 m$11tary authority, regulatory or other litigation, insurrections, riots° epidemics, landslides, lightning, earthquakes, fires, hurricanes, storas, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accident to dams, machinery° pipelines, or ~anals 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 df strikes and lockouts shall be .entirely within the discretion of the party having the difficulty, and that the above requiremant that any 'Force HaJeure' shall be remedied with all reasonable dispatch shall not require the se, Llemant of strikes and lockouts by acceding to the demand of the opposing parties when such settlement is unfavorable to it in the Judgmant of the party having the difficulty. {bT No dan~ges shall be recoverable from the Seller or frole the Purchaser by reason of Force Hajeureo SECIION ]4: for~c~Ha~eure. (al If for any reason of 'force Hajeure" any of the parlies hereto shall be rendered unable, wholly or in part, to carry out its obligations under this Contract, then if such party shall give immediate notice and follow with the full particulars of such reasons in writing to the other party as soon as possible after the occurrence of the event or c~u;e relied on: the ohligation of the party giving such notice, so far as it is affected Oy such "Force Hajeure", shall he suspended during the continuance of the inability then cla~med, but for no longer period, and such party shall use the same degree of diligence it would use for its native load [o remove or overcome such inability with all reasonable dispatch. The term "Force HaJeure' 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 ~tates or of the State of Texas or any civil or military authority, regul.~tory or other ]tttgation, insurrections, riots, epidemics, landslides, lightning, earthquakes, fi res, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, h~eakage 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 p~rty claiming such inability. It is understood and agreed that the settlement of strikes and lockouts sba)) be entirely within the discretion of the party having the dJfficu]ty, and that the above requirement that any 'Force ~ajeure' shah be remedied with all reasonable dispatch shall not require the se:tIement of strikes and lockouts by acceding to the demand of the opposing parties when such sett)ement is unfavorable to it in the judgment of the party having the difficulty. (bi No dar~ages shall be recoverable from trim Seller or fro~m the Purchaser by reason of Force Hajeure. (c) Upon an event of Force Majeure which interrupts the supply of Firm Power and Energy, Seller will use the same degree of diligence it would use For its native load to secure an alternative temporary source of Power and Energy in the event of an interruption of the supply of Power and Energy. SECTION 15; ~and Accounts. The Seller will keep accurate records and accounts of the System and of the transactions relating to each faci)~ty constituting the System as well as of the operations of the Seller in accordance with the Uniform System of Accounts, wi~ich shall tncludedepredati~n. Within one hundred twenty {120) days Af£er Lne close of each fiscal year of the Seller, the Seller shall cause such records ano accounts with respect to such fiscal year of the Seller to be subject to an annual audit by an independent certified pub)lc accountant. A ¢.opyof each such annual audit shah be sent by the Seller to the Purchaser. lhe Purchaser shall have reasonable access to examine any and all books and reo)rds of the Seller which are public records under the Open Records Act and to ex~mtne any facility of thc System. SECTION 16: ~. 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 th' 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 18 furnished hereunder. )o the extent i~. is necessary to authorize the delivery of the Firm Power and Energy required ~fnder this Contract to Purchaser (and not to others), Purchaser will cooperate with Seller for the extension of Seller's electric lines inside the incorporated boundaries of Purchaser, which cooperation will include the routing of lines and the acquisition of rights of way and easements which Purchaser will acquire at Seller's cost. SECTION 17: ~nment. This Contract shall not be assigrable without the written consent of the Purchaser and each Seller. Such consent shall not be unreasonably withheld. It shah not be deemed unreasonable for a Seller to withhold consent to (among other assignments) an assignment of this Contract to an entity other than a political subdivision of this State. lhe Sellers' obligations to provide Firm Power and Energy to any assignee of this Contract shall not exceed, in the aggregate, 20,000 kw. SEC¥10N 18: ~L~. to and be binding upon the successors and assign~ This Contract will inure of the respective parties. SECTION lg: Governmental Rates R u)a ion n aw . The Contract shall be subject to all valid rules, regulations and laws applicable thereto, as promulgated by the United States of J~erJca, the State of Texas, or any other governmental bod) or agency having lawful jurisdiction or any authorized representative or agency of any of them. S[£~I0~ 20: Notices. Any notice, request, de~and, statement or bill provided for in this contract shall be in writing and shall be consio~red to have been duly delivered and received when sent by registered or certified mail, addressed as provided in £xhfbtt 'D", unless another address has been designated, in writing, by the party entitled to receive same. SECTION 21: ~. 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 invalidity shall not invalidate the whole contract but it shah be construed as though not containing that particular provision, and the right and obligations of the parttes shall be construed and in force accordingly. SECTION 22: J[CL[~, 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 heretll. No party hereto shall have any relief, or be entitled to rely, upon any oral representation or oral infor~:ation made or given to such party by any representative of the ot:,er party or anyone on its behalf. SECTION 23: No Waive~. 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 enfo,ce each and every provision of this contract, SECflON 24: Venue~ Venue for any cause of action instituted by reason of the existence of this cont,'act shall lie in Travis County, Texas. 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 BOW)E, TEXAS (Seal) AlTEST: Date of By:. City Secretary CilY OF BRYAN, TEXAS (Seal) ~ayor ATTEST: Date of [xecut)on: By:__ City Secretary CITY OF DENTON, lEXAS (Sea ]) Mayor ATTEST: Oate of Execution: City Secretary CITY OF GARLAND, TEXAS By:. (Seal) Mayor ATTEST: Date of Dy:_ Execution: City Secretary CIIY OF GREENVILLE, TEXAS By: (Seal) Ooard Chairman ATTEST: Date of By:_ Execution: Board Secretary 22 £XHIB~T "A" POXNT OF D£LlVERY The Point of Delivery shall be at the Purchaser's proposed *substation located near the intersection of Roach and Galia Streets in Bowie, Texas. The Seller shall own, provide and install, in a space provided by the Purchaser in the Purchaser's relay house, all necessary transmission line relaying and metering equipment for two 138 kV lines. Seller shall provide two 138 kV circuit breaker~ for physical installation by Purchaser. Seller will provide pre.operational check and will own and maintain, at its expense, these breakers, purchaser shall reimburse Sel]er, as a contribution-in-aid-of construction, for the cost of one breaker. Seller will invoice purchaser for the actual cost of this breaker after delivery to the substation site, and Purchaser will pay this tn~.oice within 30 days. Seller will notify purchaser of Seller's requirements for control and relaying cable for transmission line relaying and matertng between both breakers and Purchaser's Relay House within 30 days of execution of the Contract. Purchaser will own, provide, install and maintain these cables. Seller will connect both ends of Lhese cables. EXHIBIT ~B~ Example Calculation of the Proportional Shar(, of Firm Power and Energy to be Provided by earh Seller to P,Jrchaser * Bryan Denton Garland Greenville Seller's Available Capacity - MW 310 258 616 144 Se])er's 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 0.128Z 0.4488 0.1123 Purchaser's Load - 14083 KW Obligation 4369 1812 6320 1582 If, for example, only Bryan, Den[on and Greenville executed this Conlract, then their individual ob)Jgations would be calcu)ated as follows: Bryan Denton Greenville Seller's available capacity - MW 310 258 144 Sel)er's Native Peak Load 153 176 83 1.15 times Peak Load 176.0 202.4 ')5.4 Difference - Numerator 134.1 58.6 .18.6 Denominator - Sum of Numerators 238.3 238.3 2~8.3 Fraction 0.5627 0.2333 0,2039 Purchaser's Load - 14083 KW Obligation Z924 3286 2()73 · 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 Contract. 24 EXHIBIT "C' PATES AND CHARGES Demand Charge ........................... $I1.78/KW Energy Charge ............................... $ 2/M ~ H THE DEMAND CHARGE SHALL APPLY TO THE LARGER OF THE ACTUALMONTHLy METERED D~ND {AS ADdUSTED 8Y THE POWER FACTOR ADJUSTMENT, 1F NECESSARY) OR 50% OF THE LARGEST MONTHLY METERED DEMAND {ADJUSTED FOR POWER FACTOR) IN THE LAST ELEVEN HONEHS. A MONTHLY FUEL CMARGE WILL 8E MULTIPLIED 8Y THE METERED ENERGy. TNE FUEL CHARGE WILL BE THE AVERAGE COST OF FUEL FOR BRYAN, DENTON. GARLAND. GREENVILLE AND PURCHASER. THE FUEL CHARGE WILL ~E CALCULATED ON AN 'ESTI~ATE AND CORRECT. BASIS. EXHIBIT "D" NOTICES AI1 notices, requests, demands, statements or bills shall be mailed to the following: CITY OF BOWIE Attention: City Manager 304 Ltndsey St. Bowie, Texas 76230 CITY OF BRYAN Attention: City Manager P.O. Box lOO0 Bryan, Texas 77805 CITY OF DENTON Attention: City Manager 215 E, McKinney Denton, Texas 76201 CITY OF GARLAND Attention: City Manager P.O. Box Garland, )exas 75046 CITY OF GREENVILLE Attention: Director of Electric Utilities P.O. Box 1049 Greenville, Texas 75401 ~,000 $ H,626,2~0.00 C~ly Re~x~*ds 138 KY Tap POli~i on BEPC line. 138 KV double circuit line from Tap point to City of Bowie's Patterson SuNs~atlon. 2-138 KV Breakers in Patterson Substation. ~elaytng metering, SCADA etc., as required. EXHIBIT 1. "Project Costs" are the costs of labor, materials, contractors, professional services, and other co';ts (including interest on such costs accrued during construction and calculated at the Average Interest Earnings Rate) relating to the construction of the facilities described in Exhibit "B" of this Contract as shown in the Agency's accounting records. 2. The 'Average Interest Earnings Rate" is the interest rate determined, on a monthly basis, by averaging the dai)y rates shown in the Agency's Open i Repo Investment Account. I 3. The Administration Fee shall be cal.:ulated by the of the amortizing Project Costs by the amortization period. The Administration Fee shall also include an interest charge determined as follows: (ti On the date of the commencement of the delivery of power and energy through the facilities described in Exhibit "8", interest on the declining balance of Project C,asts shall accrue on a monthly basis at the Average Interest Earnings Rate; {ii) in order to leveltze the charge for interest, TMPA may impose a fixed rate for a twelve montl or longer period, and adjust the interest cha-ge at a later date to reflect the actual interest acc rued each month under the Average Interest Earnings Rate. The fixed rate shall be based on the Average Interest Earnings Rate determined on the last day of the m~nth preceding the period during which the fixed rate is to be applied. e:\wpdocs\k\tmpacont.res A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF DENTON, BRYAN, GARLAND AND GREENVILLE FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY TO THE CITY OF BRIDGEPORT; AND PRO- VIDING 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 Texas Municipal Power Agency and the Cities of Denton, Bryan, Garland and Greenville for the administration of the contract for the sale of power and energy to the City of Bridgeport, under the terms and conditions contained in the agree- ment, a copy of which is attached hereto and made a part hereof. SECTION II. That this resolution shall become effective imme- diately upon its passage and approval.~ ~ PASSED AND APPROVED this th~day of , 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY CONTRACT BY AND AMONG TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF BRYAN, DENTON, GARLAND AND GREENVILLE, TEXAS FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY BY THE CITIES TO BRIDGEPORT, TEXAS THIS AGREEMENT, made and entered into as of the.,/,~.¥~ day ofr-~e~)~c,~,e.~j' ~j 199~ by and among the Texas Municipal Power Agency ("TMPA") and the Cities of Bryan, Denton, Garland, and Greenville ("the Cities"), all municipal corporations organized under the laws of the State of Texas. W ITN ESS ETH: WHEREAS, the Cities have each entered into a contract with the City of Bridgeport, Texas ("Bridgeport"), providing for the sale to Bridgeport of power and energy, which contract (the "Bridgeport Contract") is attached hereto for purposes of identification only, and marked as Exhibit "A". WHEREAS, the Cities desire to enter into an agreement among themselves to provide for, among other matters, the administration of the Bridgeport Contract by TMPA, to provide for the distribution of revenues from such sales of power and energy proportionate to the Cities' respective contributions to such sale, and to provide for the joint ownership by the Cities of the transmission facilities and easements necessary to support the sale of power and energy to Bridgeport. WHEREAS, TMPA is, under the Interlocal Cooperation Act and other law, authorized to contract with the Cities to perform purchasing, administrative, and other services for the Cities, and the Cities are likewise authorized to contract with the Agency for the performance of said services for the Cities; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties hereto as hereinafter set forth, the parties do hereby contract and agree as follows: Section I. ADMINISTRATION OF THE BRIDGEPORT CONTRACT (a) In order to provide necessary engineering services and to provide for the proper administration of the Bridgeport Contract, the Cities each designate TMPA as each City's agent to perform the billing services described in the Bridgeport Contract. TMPA shall render statements for the capacity and energy charges which may accrue under said contract to Bridgeport in accordance with the terms of the contract. Complete and necessary records of all sales of energy and capacity under such contract and all actions taken by TMPA thereunder on behalf of the Cities shall be maintained by TMPA and furnished on a monthly basis to each City. (b) TMPA shall determine the allocation of each City of the amount received from Bridgeport for capacity and energy sold to Bridgeport by the Cities in accordance with the terms of the Bridgeport Contract and with the terms of this Agreement. Such allocation shall be disbursed l~o the Cities within ten (10) days after the receipt of each payment from Bridgeport. For all disbursements made after said ten (10) days ("Late Payments"), TMPA shall pay interest to each City (to accrue commencing on the eleventh day following the receipt by the Agency of payment from Bridgeport) at the Average Interest Earnings rate as described in Exhibit "C". The obligation to pay interest on Late Payments shall apply to amounts received from Bridgeport both before and after the date of this Agreement. (c) TMPA will request and the Cities will provide necessary information to allow TMPA to make a calculation of average annual energy cost to determine if Bridgeport paid more than such cost, after adjusting for load factor and the effect of delivery at distribution voltage. Any ow~r-collections so identified will be rebated to Bridgeport by TMPA. TMPA will i~e reimbursed for the rebate out of revenues received from Bridgeport following the rebate prior to disbursement of the revenues to the Cities, or as otherwise agreed between TMPA and the Cities if, following the rebate, revenues from Bridgeport are not adequate to cover the rebate. SECTION 2: COMPUTATION OF CHARGES FOR CAPACITY AND ENERGY (a) DEMAND CHARGES Each City will receive a percentage share of the demand revenue. The percentage share shall be calculated in two parts. The first part represents the proportion that the generating capacity of TMPA generating units in commercial operation (excluding Comanche Peak) bears to the generating capacities of all TMPA and City units (excluding Comanche Peak) in commercial operation. That part shall be allocated to each City in accordance with each City's allocation of capacity from TMPA. The remaining part shall be distributed in accordance with the percentage that each City's generating capaciity above load and required reserves bears to the sum of the four Cities' generating capacity above load and required reserves. As used herein, "generating .capacity" means the maximum normal rated load carrying capability of generating equipment expressed in MW. A monthly disbursement of the payments received from Bridgeport for demand charges shall be made to the Cities, based upon estimates of peak loads, generating capacity and excess generating capacity. At such time as the Cities' actual peak loads have been established, TMPA shall compute the variances between the payments based on estimates, and payments based on actual operating figures, and corrections for such variances shall be reflected in subsequent disbursements. (b) ENERGY AND FUEL CHARGES Income attributable to energy and fuel charges shall be allocated to each of the Cities in accordance with the energy supplied to Bridgeport by each City. Energy from Gibbons Creek shall be supplied to Bridgeport from each City's Net Energy For Load as de,,ned by the Power Sales Contracts dnd calculated by TMPA at the beginning of each Fiscal Year. Purchased power shall be supplied to Bridgeport in the same manner as the energy from Gibbons Creek. Energy generated by the Cities for Bridgeport shall be allocated among the Cities based on each City's generation as a percentage of the total generation of all of the Cities. SECTION 3: JOINTLY OWNED FACILITIES (a) TMPA agrees to provide necessary engineeriing services and to construct the facilities shown on Exhibit "B" (hereinafter, the "Facilities"). The Cities shall be joint owners of the Facilities in the proportions set forth in Exhibit (b) The easements necessary for the Facilities may be purchased by any City, or by TMPA acting as the purchasing agent of the Cities. With respect to easements obtained in the name of TMPA ("TMPA Easements"), this Agreement constitutes a lease of TMPA Easements to the Cities. In addition, on request of the Cities, TMPA will convey the TMPA Easements to the Cities, in which case the Cities will be joint owners of the TMPA Easements in accordance with the proportions set forth in Exhibit "D". The purchase price for the TMPA Easements is the Administration Fee, unless a greater amount is required by Section 272.001(b), Local Government Code. (c) In the event it is necessary to exercise the power of eminent domain to acquire easements for the Facilities, each City is, under this Agreement, and under the authority in Section 4 of Tax. Rev. Civ. Stat. Ann. article 1435a (Vernon 1980), authorized to acquire the easements through the exercise of eminent domain for the use and benefit of all of the Cities. The ownership interests of the Cities, respecting easements purchased by a City or acquired through the exercise of eminent domain by a City, shall be in the proportions set forth in Exhibit "D". (d) All costs of the Facilities and easements, including the costs of any proceedings in eminent domain, shall be borne initially by TMPA, and recovered subsequently by TMPA in the Administration Fee. TMPAmay utilize proceeds of the Comanche Peak Settlement for the initial payment of such costs. (e) The Cities agree to pay TMPA an administration fee (the "Administration Fee") in amounts sufficient to amortize TMPA's construction expense at TMPA's average interest earnings rate over a period (hereinafter, the Amortization Period) beginning on the first date of power delivery and ending September 30, 1996. The Administration Fee shall be allocated to each City in the same proportion that revenues from demand charges from Bridgeport are distributed to each City under this Agreement. TMPA's Administration Fee (including the average interest earnings rate) shall be determined in accordance with Exhibit "C". (f) TMPA shall deduct its Administration Fee from the revenues paid under the Bridgeport Contract prior to disbursement to the Cities under Section l(b). (g) TMPA shall maintain the Facilities. TMPA may maintain the Facilities utilizing TMPA personnel or may cause these Facilities to be maintained by contracting with a City, a contractor, or others to provide such maintenance. The maintenance costs (hereinafter, the "Maintenance Fee") shall be deducted by TMPA from the revenues received from Bridgeport prior to disbursement of the revenues to the Cities, and shall be allocated to the Cities in the same proportion that the revenues from demand charges fr.~m Bridgeport are distributed to each City under this Agreement. SECTION 4: DURATION OF AGREEMENT This Agreement shall be in effect concurrently with and for so long as the Bridgeport Contract is in effect for all of Bryan, Denton, Garland, and Greenville. This Agreement shall terminate when the Bridgeport Contract terminates with respect to any of Bryan, Denton, Garland or Greenville. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written. CITY OF BRYAN ATTESjT: CITY OF DENTON ~~_ ~T: ~ ~ CITY OF GARLAND CITY OF GREENVILLE TEXAS MUNICIPAL POWER AGENCY ATTEST: Lu.~Bioner,~e ' Director and General Manager CONTRACT FOR SALE AND PURCHASE OF FIRM POWER AND ENERGY between CITY OF BRIDGEPORT, 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 TABLE OF CONTENTS ?age SECTION 1: Capacity of Parties: Nature and Number' of Contracts ............................................. 2 SECTION 2: Definitions .............................................. 3 SECTION 3: Sale and Purchase of Firm Power and Energy ............... 4 SECTION 4: Delivery of Firm Power and Energy ........................ 6 SECTION 5: Rates and Charges ........................................ 8 SECTION 6: Meter Readings and Seller's Billing ...................... 10 SECTION 7: Meter Testing and Billing Adjustment ..................... 11 SECTION 8: Payments to Constitute Operating Expenses of Purchaser's System .................................... 11 SECTION 9: Covenants of the Purchaser ............................... 12 SECTION 10: Covenants of the Seller .................................. 12 SECTION 11: Remedies in Event of Default ............................. 13 SECTION 12: Payment Due Dates and Delinquency ........................ 14 SECTION 13: Term of Contract ......................................... 14 SECTION 14: Force Majeure ............................................ 16 SECTION 15: Records and Accounts ..................................... 17 SECTION 16: Access ................................................... 18 SECTION 17: Assignment ............................................... 18 SECTION 18: Successors and Assigns ................................... 18 SECTION 19: Governmental Rates, Regulations and Laws ................. 18 SECTION 20: Notices .................................................. 18 SECTION 21: Severability ............................................. 19 SECTION 22: Entire Contract .......................................... 19 SECTION 23: No Waiver ................................................ 19 SECTION 24: Venue .................................................... 19 EXHIBITS Exhibit A ............................................................... 22 Exhibit B ............................................................... 23 Exhibit C ................................................................ 24 Exhibit D ............................................................... 25.. Exhibit E ................................................................ 26 Exhibit F ................................................................ 27 Exhibit G ................................................................ 28 Exhibit H ............................................................... 29 CONTRACT FOR SAEE AND PURCHASE OF FIRM POWER AND ENERGY between City of Bridgeport, lexas, 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 lhis Contract, made and entered into as of the ]~[1 day of ~_'~a~ ~II~., 1991 (but effective on the date provided in Section 13 hereof), by and between the City of Bridgeport, lexas (the "Purchaser"), a municipal corporation and political subdivision of the State of lexas, and the City of Bryan, lexas, the City of Denton, Texas, the City of Garland, lexas, and the City of Greenville, lexas,'-each of which cities is a municipal corporation and a political subdivision of the State of lexas (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). WITNESSEIH: WHEREAS, the Purchaser has need of an economical, reliable source of Firm Power and Energy to meet the 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 with its System on terms Seller considers in its best interest; and WNEREAS, 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. 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 contain substantially identical terms except insofar as a particular provision is clearly applicable only to one or more of the separate contracts by specifying its application to Bryan, Dent~n, 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 t~ ~ny of Bryan, Denton, Garland or Greenville but this declaration does not affect in any respect the obligations of the Seller to the Purchaser under this Contract. 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. This 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 Seller 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) "Garland" shall mean the City of Garland, Texas. (d) "Greenville" shall mean the City of Greenville, Texas. (e) "Energy" shall mean kilowatt-hours (kWh). (f) "ERCOT" shall mean the Electric Reliability Council of Texas. (g) "Firm" shall mean continuous and without interruption (except for an event of Force Majeure as defined in Section 14.) (h) "Points of Delivery" shall mean the poil~ts 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 Exhibit "A", and a change therein, approved by the Seller and the Purchaser shall not be considered as an amendment to this Contract. (i) "Power" shall mean kilowatts (kW). (j) "Purchaser" shall mean the City of Bridgeport, Texas. (k) "Seller" shall mean each of Bryan, Denton, Garland, and Greenville acting on its own behalf, severally and not jointly. (1) "System" shall mean the Sellers' electric utility systems. (m) "TMPA'l shall mean Texas Municipal Power Agency. (n) "Uniform System of Accounts" and all other accounting methods and terminology contained or referred to in this Secti~n 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. SECTION 3: Sale and Purchase of Firm Power and Enerq¥. (a) The Seller agrees to sell and deliver Firm Power and Energy and the Purchaser agrees to purchase and receive the Purchaser's total requirements for the operation of the Purchaser's electric system in excess of (i) any amount generated from facilities which the Purchaser jointly owns with TMPA, (ii) any amount purchased from TMPA after re-creation of TMPA by the addition of one or more of cities including, but not limited to, the Purchaser, (iii) 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, (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, (vi) any amount supplied by renewable resources, provided that Purchaser is an owner of the supplying facility, (vii) any amount supplied from a facility certified by the Federal Energy Regulatory Commission as a Qualifying Facility, provided that the Qualifying Facility is located in the service area of the Purchaser and is electrically connected to the electric system of the Purchaser, (viii) any amount supplied by cogeneration or other "on-site" generation associated with economic development activities of the Purchaser, provided that the facility is located in the service area of the Purchaser and is electrically connected to the electric system of the Purchaser, and (ix) any amount supplied by contracts with governmental agencies for supply of Capacity or Energy to Purchaser as a preference customer as defined by Section 5 of the Flood Control Act of 1944 (16USC Sec. 825s). The Purchaser shall provide written notice to the Seller when the Purchaser has taken formal action to accept a potential supply of Power and Energy under items (vi) through (ix) of this section. (b) It is the intent of this Contract that if any Seller, as that term is defined in Section 2 of this Contract, does not execute this Contract, then the remaining Sellers who do execute this Contract will be responsible for providing all of the Firm Power and Energy requirements of the Purchaser, as required 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 1MPA's Gibbons Creek Steam Electric Station in Grimes County, Texas, and 1.15 times the Seller's native peak load after excluding other firm or non-firm sales and the denominator of which is the sum of the numerators for all of the Sellers. Exhibit "B" reflects two examples of calculations of the above formula. (d) In association with the Firm Power and Energy being sold to Purchaser, Seller will provide all of the operating and planning reserves required by applicable operating agreements with other members of ERCOT in proportion to its obligation to provide Fi rmPower and Energy under Section 3(c) above. (e) On January i of each even-numbered year during the term of this Contract, the Purchaser shall provide to Seller (at the addresses set forth in Exhibit D) a forecast of its requirements for Fi rmPower and Energy for the next five years and other information reasonably required by Seller to enable Seller to plan for the Firm Power and Energy requirements of Purchaser. SECTION 4: Delivery of Firm Power and Enerqy. (a) The Firm Power and Energy to be furnished under this Contract shall be three (3) phase, alternating current, at a nominal standard voltage of 12,500 volts at the Points of Delivery, and a nominal frequency of sixty (60) Hertz, and subject to conditions of delivery and measurement as hereinafter provided... (b) The Points of Delivery shall be in accordance with Exhibit "A" attached to this Contract, as may be modified by the Seller and the Purchaser from time to time. After commencement of service under this Contract, no delivery points will be added without permission of the Purchaser. The Seller 6 will provide for the construction of all facilities on the supply side of the metering point and for the operation and maintenance of those facilities. Such facilities shall include a transmission line and substation that is required for the delivery of Power and Energy on the Commencement Date specified in Section 13. Within six (6) years following the Commencement Date specified in Section 13, the Seller will provide for the construction of a second transmission line for the purpose of enhancing the reliability of service to Purchaser. (c) The Seller will be responsible for Firm delivery of Firm Power and Energy under this Contract, to the Purchaser at the Points of Delivery, and any costs related to Firm delivery of Firm Power and Energy. (d) The Seller shall cause metering equipment to be furnished, installed and maintained 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 side of the transformer. (e) The Purchaser shall maintain its electric system such that the power factor at each metering point shall be between 0.90 lagging and 0.90 leading. In the event that the power factor at the time of monthly peak demand is less than 0.90 lagging, the demand for billing purposes will be adjusted by the following formula: Adjusted demand = Actual demand x 0.90 Power Factor (f) In order to enable Purchaser to receive Power and Energy at the Point of Delivery specified in Exhibit "A", the Seller shall, after payment by Purchaser to Seller of the amount of $45,000.00, provide for the construction of two 336 MCM three phase 12.5 kV feeder lines by rebuilding existing Bridgeport lines on existing Bridgeport rights-of-way. (In tile event this Contract is executed by more than one Seller, it is the intention of the preceding sentence that Purchaser's payment thereunder to all Sellers wii, 1, in the aggregate, equal $45,000.) Such facilities, to be owned by Bridgeport, shall connect the 7 substation described in Exhibit "A" to points near Brid~leport's existing metering point with Texas Utilities Electric Company, as indicated on McCord Engineerin9 drawings attached as Exhibit "G". Purchaser shall haw~ the right to approve the plans for such facilities. Such approval shall not be unreasonably withheld. Seller shall coordinate substation distribution breaker settings with Purchaser. If easements are required, the same shall be obtained by the Purchaser at Purchaser's expense. Seller shall provide all other distribution facility additions necessary for Purchaser to receive service from Seller, as shown on Exhibit "H". All of such facilities shall be completed on or before the Commencement Date. SECTION 5: Rates and Charqes. (a) The rates and charges of the Seller to the Purchaser for Firm Power and Energy and for services supplied shall be: (i) non-discriminatory, (ii) fair and reasonable, and be calculated based upon the average costs of providing the Firm Power and Energy or providing the service with respect to which the rate or charge is based as shown in Exhibit E, and (iii) adjusted annually to reflect the average Energy cost as calculated on an annual basis in the manner described in this section. (b) Except with respect to adjustments expressly allowed by Section 5(c), the rates and charges set forth on Exhibit "C" are ~Firm until the earlier of January 1, 1994 or such date as the Purchaser receives (i) any power or energy generated from facilities which the Purchaser jointly owns with TMPA, or (ii~ ~ny 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 "£" shall be amended. The amended rates and charges shall utilize the 8 criteria in subsection 5(a). Further, in the ever. t Purchaser acquires or constructs a substation (including the substation described in Exhibit "A") that, at a location agreeable to Purchaser and Seller, connects to transmission facilities constructed by or on behalf of Seller, Purchaser shall receive Power and Energy under this Contract at the transmission rate charged by Seller to other municipal wholesale customers of all of Bryan, Denton, Garland and Greenville at the time of the acquisition or construction. In the event Purchaser decides to acquire or construct such substation, Purchaser shall provide notice of the decision to Seller within seven (.1) days fo}lowing the date of the decision. (c) On January 1 of each year during any termof this Contract, Seller's average Energy cost for the preceding year ending September 30 shall be compared with Purchaser's average Energy cost for the same time period under the rates charged in Exhibit "C". The Purchaser's average Energy cost will be adjusted to reflect Purchaser's average Energy cost at the system load factor. Seller's average Energy cost shall be calculated by dividing the sum of the total production costs of Seller by the combined Energy supplied to Fir m load by Seller as shown in Exhibit "E". The total production c.osts of Seller shall be calculated by summing the demand charge paid to TMPA, the Energy charge paid to TMPA, the operating and maintenance costs for Power generation incurred by Seller, debt service for generation paid by Seller, and other associated costs of generation and any cost of additional Power and Energy purchased by Seller pursuant to Section lO(a) of this Contract incurred by Seller and consented to by Purchaser, which consent shall not be unreasonably withheld, as shown in Exhibit "E". Purchaser's adjusted average Energy costwill be the actual average Energy cost paid under the rate in Exhibit "C", adjusted to reflect System load factor. An example calculation of the Purchaser's adjusted average Energy cost is shown in Exhibit "F". If Purchaser's adjusted average Energy cost under Exhibit "F" is less than Seller's average Energy cost, no rebate is required. 9 If Purchaser's adjusted average Energy cost is greater than Seller's average Energy cost from Exhibit "E", Seller shall rebate to Purchaser on or before January I of each year the difference, without interest, between Seller's average Energy cost and Purchaser's adjusted average Energy cost, multiplied by the Purchaser's Energy billing units. Under no circumstances will the Purchaser be required to reimburse monies to the Seller if Seller's average Energy cost is more than Purchaser's average Energy cost. From and after the date the Purchaser receives Firm Power and Energy from one of the sources enumerated in subsection 3(a), if a reduction in the Purchaser's demand for Firm Power and Energy from the Seller occurs, the calculation of average Energy cost shall be changed to reflect the lower demand of Purchaser for Firm Power and Energy from the Seller and the Seller's costs at such time. T.he term "Seller" in this paragraph shall include Bryan, Denton, Garland and Greenville, whether or not each is a party to this Contract. SECTION 6: Meter Readinqs and Seller's Billinq. The Seller shall read meters or cause meters t.o be read and submit one combined bill and cause the Purchaser to be billed for Firm Power and Energy furnished under this Contract at monthly intervals. If multiple Points of Delivery are provided by Seller, then the demand utilized for billing purposes shall be calculated on a coincident peak demand basis. Payment of the bill is due within fifteen (15) days after receipt by Purchaser. Payment of the bill shall be made to the person, at the address, in the manner, specified in the bill. Seller may cause billing services to be performed by TMPA or by some other legal entity, and Seller's bill 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. 10 SECTION 7: Meter Testinq and Billinq Ad.iustments. The Seller shall test and calibrate 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 parties 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, 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 registering 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 fail to register, the Power and Energy delivered during such period of failure shall, for billing purposes, be estimated by t~e 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. SECTION 8: Payments to Constitute Operatinq Expenses of Purchaser's System. The Purchaser reserves the right to pay operating expenses of its electric system from any funds legally available for the purpose, but the Purchaser's obligation to make payments under this Contract shall constitute an operating expense of its electric system payable solely from the gross revenues of such system. 11 SEClION 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 Purc~aser under this Contract. (b) The Purchaser covenants that Firm Power .and Energy supplied under this 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 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 p~Qhibited by this section. SECTION 10: Covenants of the Seller. (a) The Seller covenants to use the same degree of diligence it would use for its native load to provide Firm Power and Energy hereunder. If by reason of Force Majeure, the supply of Fi rmPower and Energy shall fail, or be interrupted, or become defective as hereinafter provided, the Seller shall not be liable therefor 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 circumstances) from constructing additional generating facilities. Therefg.re, no provision of this Contract requires Seller to construct capacity to provide Firm Power and Energy to Purchaser. If Seller does not have sufficient capacity to provide to Purchaser the Firm Power and Energy required under this Contract, Seller shall purchase the additional Power and Energy that is required. 12 (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 prudent utility practice and in accordance with standards normally used by ERCOT utilities owning and operating 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 thirty (30) days to cure the default; provided, however, in the event the failure or default is a failure to make payment within fifteen (15) days after receipt of the bill, the Purchaser shall, from the date of mailing of such notice, have a period of fifteen (15) days to cure the default. (b) If the Purchaser does not cure its default within the period specified in subsection (a), 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 provide written notice to Purchaser prior to the date of termination. In the event the default is a failure to pay a bill for Power and Energy within fifteen (15) days after receipt of the bill, the Seller shall provide notice of termination at least fifteen (15) days prior to the date of termination. In the event of a default by Purchaser which does not include a failure to pay a bill within fifteen (15) days of receipt of the bill, the Seller shall provide notice of termination of least thirty (30) days prior to the date of termination. The notice of termination may be included in the notice required under subsection (a) and, in such a case, the period of time.in which the Purchaser may cure the default may also serve as the notice period prior to termination of service. Termination of service hereunder shall not reduce or change the obligation of the Purchaser or Seller under the other provisions of this Contract. 13 (c) If the Seller fails 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 fifteen (15) days to cure the default. If the default is not cured in the fifteen (15) day period, then the Purchaser shall have all of the rights and remedies provided at law and in equity, including the right to offset any obligations otherwise due Seller and the right for mandatory injunction. SECTION 12: Payment Due Dates and Delinquency. In the event that the Purchaser fails to make any payment within fifteen (15) days after receipt of the bill, Purchaser shall pay a penalty equal to one and one-half percent (1.5%) of the delinquent amount. Following the fifteen (15) 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 equitx~ institute a proceeding for a mandatory injunction 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 commence Firm Power and Energy under this Contract shall commence on May 1, 1992 (the "Commencement Date"). In the event Seller is unable to deliver Firm Power and Ener~Iy to Purchaser on this Commencement Date, and the inability to perform is not an event of "Force Majeure", the Seller shall (consistent with its contract with TMPA) m~ke arrangements with another utility to deliver Firm Power and Energy to Purchaser at no additional cost to Purchaser until such time as Seller is able to deliver Firm Power and Energy under this Contract. 14 (b) If Seller does not request Purchaser to enter into a contract as specified in subsection (c) hereunder, then either party may terminate this Contract by delivering to the other party a notice of termination at least five years in advance of the termination date. However', no such notice may be delivered under this subsection prior to the fifth anniversary of the Commencement Date. (c) During the term of this Contract, Seller may in writing, request Purchaser to enter into a contract (i) with TMPA, for the joint ownership of a generating unit with TMPA, (ii) with TMPA, for the purchase of Firm Power and Energy from TMPA, following the re-creation of TMPA !by the addition of one or more cities, including Purchaser, (iii) with a joint powers agency, created by Purchaser and by one or more of Bryan, Denton, Garland or Greenville, for the purchase of Firm Power and Energy from the joint powers agency, (iv) with a joint powers agency created by one or more of Bryan, Denton, Garland or Greenville, 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 (i) enter into the contract of participation and elect to have this Contract terminate on the date of termination agreed upon by the parties specified in the contract of participation, or (ii) deny the request and elect to terminate this Contract, effective two years after receipt of the request, or (iii) 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 15 term commencing on January 1. If, however, during the "rolling" five year term, the Purchaser or the Seller provides written notice to the other before any January i terminating the Contract, then the Contract will terminate at the end of the five year period commencing on January 1. (e) If the Purchaser fails to respond to a request under subsection (c) within one year after the receipt of the request, tile 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 Ma.ieure. (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 immediate notice and follow with the full particulars of such reasons in writing to the other party as soon as possible after the occurrence of the event or cause relied oil: 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 use the same degree of diligence it would use for its native load 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 military authority, regulatory or other litigation, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, 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 16 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 strikes 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 Force Majeure. (c) Upon an event of Force Majeure which intE. rrupts the supply of Firm Power and Energy, Seller will use the same degree of diligence it would use for its native load to secure an alternative temporary source of Power and Energy in the event of an interruption of the supply of Power and Energy. 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 well as of the operations of the Seller in accordance with the Uniform System of Accounts, which shall include depreciation. Within one hundred twenty (120) days after the close of each fiscal 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. 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. 17 SECTION 16: Access. 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 Firm Power and Energy required under this Contract to Purchaser (and not to others), Purchaser consents to and will cooperate with Seller for the extension of Seller's electric lines inside the incorporated boundaries of Purchaser, which cooperation will include the routing of lines and the acquisition of rights of way and easements which Purchaser will acquire at Seller's cost. SECTION 17: Assiqnment. This Contract shall not be assignable without the written consent of the Purchaser and each Seller. SECTION 18: Successors and Assiqns. This Contract will inure to and be binding upon the successors and assigns of the respective parties. SECTION 19: Governmental Rates, Requlations 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. SECIION 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 18 and received when sent by registered or certified mail, addressed as provided in Exhibit "D", unless another address has been designated, in writing, by the party entitled to receive same. SECTION 21: Severability. The parties hereto agree that if any of the pr.ovisions of this Contract should contravene or be held invalid under the laws of the State of Texas, such contravention or invalidity 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 herein. No party hereto shall have any relief, or be entitled to rely, upon any representation or information made or gideon 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 'Lo enforce each and every provision of this Contract. SECTION 24: Venue. Venue for any cause of action instituted by reason of the existence of this Contract shall lie in Travis County, Texas. 19 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 BRIDGEPORI, TEXAS By: , --~ (Seal) ATTEST: By: ~?/ Execution: Cit¥ Sed~etary CITY OF BRYAN, TEXAS (Seal) Mayor ATTEST: Date of By: t./(ZL~ SqTM Ilia~ Execution: /-%/ ' ' . ~'~ ~]City ~ecretary~ ~ / CITY OF DENTON, 1EXAS (Seal) Mayor ATT EST: : Execut i on: CITY OF GARLAND, TEXAS (Seal) Mayor ATTEST: ~.~C¢/_~ Date of By: .~/~../ Execution: City Secretary CITY OF GREENVILLE, TEXAS (Seal) Board Chain,an ATTEST: 21 EXHIBIT "A" POINT OF DELIVERY The ownership of Power and Energy shall transfer to PuYchaser at the point where the Purchaser's conductor connects to the substation. Purchaser, subject to subsection 5(b), shall not own, and shall have no responsibility for the construction of, the substation. The Seller shall either construct a substation, or provide for the construction of a substation, to serve Purchaser under this Contract. The substation shall be located near the corporate boundaries of Bridgeport in the vicinity of the intersection of Cares Street (Cuba Road) with Overland Drive on the east side of Bridgeport. The substation shall have facilities for two feeder bays initially. When Bridgeport's load exceeds 10 MW, then an additional feeder bay will be added. Future feeder bays will be added to meet Bridgeport's need to provide service to all customers under any first contingency, at no cost to Bridgeport. 22 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 Seller's Available Capacity - MW 310 258 616 144 Seller's 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 Purchaser's Load - 14083 KW Obligation 4369 1812 6320 1582 If, for example, only Bryan, Denton and Greenville executed this Contract, then their-individual obligations would be calculated as follows: Bryan Denton Greenville Seller's available capacity - MW 310 258 144 Seller's 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 238.3 238.3 238.3 Fraction 0.5627 0.2333 0.2039 Purchaser's Load - 14083 KW Obligation 7924 3286 2873 * 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 Contract. EXHIBIT "C" RATES AND CHARGES Demand Charge for Service at 12.5 KV ........ $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 METEREI3 ENERGY. THE FUEL CHARGE WILL BE THE AVERAGE COST OF FUEL FOR BRYAN, DENTON, GARLAND, GREENVILLE AND PURCHASER. THE FUEL CHARGE WILL BE CALCULATED ON ~,N "ESTIMATE AND CORRECT" BASIS. EXHIBIT "D" NOTICES All notices, requests, demands, statements or bills shall be mailed to the following: CITY OF BRIDGEPORT Attention: Mayor 812 Halsell Street Bridgeport, Texas 76026 CITY OF BRYAN Attention: City Manager P.O. Box 1000 Bryan, Texas 77805 CITY OF DENTON Attention: City Manager 215 E. McKinney 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 25 Exhibi! E [._x:ample C:alculalion ol . ers' Aver:age Cost '[MPA Capacity Charge $132,483,600_00 TMPA Billings to Cities TMPA Coverage Refund ($27,836,713.16) TMPA Billings to Cities Purchased Capacity (Sec 10la)) $0.00 City Generation Debt Service Bryan $4,175,000.00 City Records Denton $1,990,000.00 City Records Garland $5,285,000.00 City Records Greenville $1,635,000.00 City Records City Generation Operation & Maintainance Brya~ $2,000,000.00 City Records Denton $1,200,000.00 City Records G~dand $3,200,000.00 City Records Greenville $800,000.00 City Records TOTAL FIXED COST $124,931,886.84 MVVh Cost TMPA Energy Cost 2,800,000 $.34,748,000.00 Purchased Energy (Sec 10la.)) 0 $0.00 Cities Gas Cost Bryan 650,000 $11,625,250.00 City Records Denton 200,000 $4,200,000.00 City Records Garland 850,000 $15,202,250.00 City Records Greenville 80,000 $1,680,000.00 City Records Economy Purchases Ugnlte 2,500 $35,000.00 City Records Gas 200,000 $4,000,000.00 City Records Economy Sales Lignite (160,000) ($1,985,600.00) City Records Gas (450,000) ($9,000,000.00) City Records TOTAL ENERGY COSTS 4,172,500 .~30,504, g00.00 ' - TOTAL COST $185,436,786.84 AVERAGE ENERGY COST $44.44 SYSTEM PEAK 980,000 kW SYSTEM LOAD FACTOR 48.60% The numbers in this Exhibit ~tre for illustrative purposes only EXHIBIT "F" 1. Bridgeport Average Cost Adjustment Example Calculation 2. System Average Load Factor 48.384 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 Line 10 divided by Line 5 12. Energy Required to Produce 20,359,810 Line 3 times Line 2 System Load Factor times 8760 13. System Load Factor Energy $336,954.85 Line 11 times line 12 Bill 14. System Load Factor $798,471.69 Line 9 plus Line 13 Total Bill 15. Equivalent Average Cost $0.03922 Line 14 divided by Line 12 * The numbers in this Exhibit are for illustrative purposes only. 27 EXHIBIT 1t City of Bridgeport 12.5 kV Distribution Feeder Circuit Construction General Description FzedcoLCircuit No, 1 This shall be a three-phase feeder drcuit constructed with 336 MCM ACSR conduc- tor. It shall proceed from the proposed Substation Site and extend westward along Cuba Road and Cares Street to the intersection with Seventeenth Street. It shall then proceed northward on Seventeenth Street to the alley between Stevens and Halsell Street. From this intersection it shall proceed westward along the alley to the intersection with Tenth Street~ A group operated air switch shall be installed in the feeder circuit between Tenth and Eleventh Stn~ts and anofl~er group opera- ted air switch shall be installed on Seventeenth Street between Cares Road and Halsell Street. Feeder Circuit No. 2 This shall be a three-phase feeder circuit constructed with 336 MCM ACSR conduc- tor. It shall proceed from. the proposed Substation Site and extend westward along Cares Road to the intersection with Overland Drive. It shall then proceed north- ward along Overland Drive to Highway 380, m~d the:nee westward along Ilighway 380 to a line junction just east of Tenth street and Highway 380 intersection. At this point, it shall proceed southward to t~e alley between Davtes and Owens Avenue, then westward to Ninth Street. It shall then proceed southward on Ninth Street through the existing T,U, meter point and extend to Thompson Street, It shall then proceed eastward on Thompson Street for one (1) block to Tenth Sire'el It shall then proceed southward on Tenth Street to connect with Feeder No. I at the intersection of Tenth Street and the alley between Halsell and Steven~q Drive. A group operated air swJtd~ shall be installed on Tenth Street just north of Stevcm Drive and another group operated air switch shall 'De installed in the circuit on Ninth Street just north of the Turkey Creek Trail circuit tap line. Four (4) 500 kVA 7200/2400 kV stepdowns, (one for a spare), shall be rack-mounted on Ninth Street off of this circuit to serve the existing 4.16 kV feeder circuit. EXHIBIT "C" 1. "Project Costs" are the costs of labor, materials, contractors, professional services, and other costs (including interest on such costs accrued during construction and calculated at the Average Interest Earnings Rate) relating to the construction of the facilities described in Exhibit "B" of this Contract and the facilities described in Exhibits H and I of the Bridgeport Contract as shown in the Agency's accounting records. 2. The "Average Interest Earnings Rate" is the interest rate determined, on a monthly basis, by averaging the daily rates, shown in the Agency's Open Repo Investment Account. 3. The Administration Fee shall be calculated by amortizing the sum of the Project Costs by the amortization period. The Administration Fee shall also include an interest charge determined as follows: (i) On the date of the commencement of the delivery of power and energy through the facilities described in E)~hibit "B", interest on the declining balance of Project Costs shall accrue on a monthly basis at the Average Interest Earnings Rate; (ii) In order to levelize the charge for interest, TMPA may impose a fixed rate for a twelve month or longer period, and adjust the interest charge at a later date to reflect the actual interest accrued each month under the Average Interest Earnings Rate. The fixed rate shall be based on the Average Interest Earnings Rate determined on the last day of the month preceding the period during which the fixed rate is to be applied. EXHIBIT "D" On execution of this Agreement, the Cities ownership interests in the Facilities and easements shall be in the following proportions: Bryan 38.06% Denton 8.58% Garland 40.82~ Greenville 12.54% On December 1, 1996, the above ownership interests shall be adjusted in the following manner. Each City's final percentage ownership will be the percentage that each City's Administration Fee paid to the Agency for the period commencing on May 1, 1992, and ending September 30, 1996 (including the final payment of the Administration Fee, if received after September 30, 1996) bears to the total Administration Fees paid by all Cities for the same period. e:wpdocs\amb.r 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, hereby 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 autho- rized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~ day of ~, 1992. ATTEST: GENNIFER ~ALTERS, CITY SECRETARY ~PPROVED AS TO LEG~ FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY THE STATE OF TEXAS, ) ' ' ~ ~ ~ ) ss. ' .... ",q~:i~.; ~!, COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICE THIS AGREEMENT is made and entered by and between Denton County, a political subdivision of the Sta~:e of Texas, hereinafter referred to as "COUNTY", and the city of Denton, a municipality located in Denton County, Texas, hereinafter referred to as "City." WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county gov- ernment and related services for the benefit of the citizens of Denton County; and WHEREAS, city is a municipality engaged in the provision of ambulance service and related services for the benefit of the citizens 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 sick, infirm, or injured and has in its employ such trained personnel whose duties are related to the use of such vehicles and equipment; 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 INTERLOCAL AM]IULANCE AGREF~NT 1 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 Texas Revised Civil Statute Article 4413 (32c), the Interlocal Cooperation Act, Section 774.003 Health and Safety Code and other applicable statutes and contracts 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, 1991. II. The initial term of this agreement shall be for the period of October 1, 1991 to and through September 30, 1992. Thereafter, this agreement shall be renewed for successive additional one year terms commencing on October 1 of each year if the County and city agree in writing on or before the first ~ay of September to the amount of consideration 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 INTERLOCAL AMBULANCE AGREEMENT 2 shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether the afore- mentioned circumstances in fact exist is solely up to the discre- tion of the city. For dispatch purposes only, "emergency" shall include, but not be 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 adminis- tered; 2. 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 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 County. C. "Urban area" means any area within the corporate limits of an incorporated city, city or village within said County. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of city in a situation INTERLOCAL AMBULANCE AGRFI~MENT 3 involving an emergency (as such word is hereinabove 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. IV. A. Services to be referred hereunder by City are ambulance services normally rendered by City under circumstances of emergency as hereinabove defined to citizens of County. B. The Denton Fire Department shall respond to the requests for ambulance services made within designated rural areas of County, as set out in exhibit "A" attached hereto and incorporated by reference. C. It is recognized that the officers and employees of City have duties and responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the sole discretion 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 officer or employee as to any such matter shall be the final determination. V. The County shall designate the County Judge to act on behalf of County and to serve as "Liaison Officer" between County and city. The County Judge or his designated substitute shall ensure the performance of all duties and obligations of County herein INTERLOCAL AMBULANCE AGREEMENT 4 stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of County's employees, agents, contractors, sub-contractors and/or laborers if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and City. VI. City shall ensure the performance of all duties and obliga- tions of City as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of City in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the City 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 city and County. VII. For the services hereinabove stated, County agrees to pay to City for the full performance of this agreement the sum of TWO HUNDRED SEVENTY-ONE THOUSAND ONE HUNDRED FORTY-ONE AND NO/100 DOLLARS ($271,141.00) to be paid in equal quarterly payments of SIXTY-SEVEN THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($67,785.00) commencing on October 1, 1991. The remaining payments shall be made respectively on or before January 1, 1992, April 1, 1992, and July 1, 1992. The sums to be paid under this agreement INTERLOCAL AMBULANCE AGREEMENT 5 are based on a per capita payment of $2.674 for the population of the designated service area set out in exhibit "A". Population figures are as provided by the North Central Texas Council of Governments and are conclusive for the purpose of this contract. No payment will be made for service provided outside the service district whether by mutual aid agreement or otherwise. Acceptance of this contract constitutes final acceptance of the COG population figures and the service district as shown in exhibit "A". VIII. County agrees to and accepts full responsibility for the acts, negligence 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 either party's discretion if such default 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 as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement. INTERLOCAL AMBULANCE AGREEMENT 6 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 compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as author- ized by this 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 reimburs- able expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation. 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 the rendering of ambulance services under this agreement as a part of their responsibility for providing protec- tion for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither city nor County waives any immunity 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 IN'I~RLOCAL AMBULANCE AGREEMENT 7 between City and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both parties. XIII. This agreement and any of its terms o]: provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. IV. 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. XV. 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 certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. INTERLOCAL AMBULANCE AGREEMENT 8 EXECUTED in duplicate originals this ~-~ day of ~.~ , DENTON COUNTY, TEXAS CITY O~? DENTON 110 West Hickory 215 EAST MCKINNEY Denton, Texas 76201 DENTON, TEXAS 76201 Dent°'~~Y '~Judge ' / Title :~ Acting on behalf of, and by the authority of the Commissioners Court of Denton County, Texas ATTEST: ATTEST ~: APPROVED AS TO FORM APPROVED AS TO CONTENT:~ AND CONTENT: ATTORNEY FOR DENTON COUNTY HIEF INTERLOCAL AMBULANCE AGREEMENT STATE OF TEXAS, ) ) SS. COUNTY OF DENTON. ) BEFORE ME, the undersigned authority, on this date personally appeared Honorable Jeff Moselev, Denton County Judge, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said County. IVEN under my hand and seal of office this day of ~- .... ~-~- 'i ~' F':- ~ '~ r'~r~' ".EF~;TS~ ~-'?./~"~;!. NOqA-W pU[~[.IC ~ ~ary Public for Texas ,~ ~',~-~'~'~ .. . ~ Co~ission expires: CO~ O~ DD~O~. ) BEFORE ME,,o the ~undersigned~ authority, on this date personally appeared ~q~(.p~-) (~q-)~/6.~Crc~2 , known to me to be the person whose name is subscribed to ~he foregoing instrument and acknowledged to me that ~ (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 GIVEN under my hand and seal of office this ~ day of ~ota~ Public .for Texas ..... ~i ~[~ EL~BE~ O WILLIAMS Co~ission expires: ~ * STATE OF T~S~ "';?~"~'6"{~Y ~ Comm. Exp. May 15, 19937, INTERIX)C AL AMBULANCE AGREEMENT 10 DENTON C'OUNTY AMBULANCE DISTR e:wpdocs\dbe.r A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING A NEW DISADVAN- TAGED BUSINESS ENTERPRISE PROGRAM FOR THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Federal Air Administration has requested the City to update its Disadvantaged Business Enterprise Program for the Denton Municipal Airport; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the attached is adopted as the new Municipal Airport Disadvantaged Business Enterprise Program for the City of Denton, Texas. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the~/~ day of ~, 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ~ ~PPROVED ~S TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY W:ALL000A8 CITY OF DENTON, TEXAS AND MUNICIPAL AIRPORT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM me DBE DIRECTORY The city of Denton has compiled and will maintain and update a DBE Directory, which is located in the Purchasing Department. The State Department of Highways and Public Transportation Directory will be used to supplement the City's Directory. Directories of other agencies may be also be used when a project requires a search for DBEs beyond the normal recruiting areas. The City's Directory lists firms that are capable of performing general contracting and particular solicitations. The Directory is organized by type of work the contractor desires to perform, i.e., general construction, lighting, marking, engineering, etc. The Directory indicates which firms have passed the City's own certification process, those certified by the Small Business Administration (SBA) under the Section 8(a) program, those certi- fied by the State Department of Transportation and some firms that do not have current certification. The following information is shown for each firm: 1. Company Name 2. Type of Contractor 3. Address 4. Telephone Number 5. Owned by Woman, Minority, or other DBE 6. Contact Person The City will update the Directory annually. The update will include any additional DBEs certified during that period. In the event a bidder names other DBEs it. desires to use, these firms will be included in the Directory if they can be certified. Other DBEs that desire to be listed will also be included, upon request. The Directory is made available to bidders and proposers in their efforts to meet the DBE goals established by the City of Denton and made a part of bid specifications. The Directory is a primary source for locating potential DBE contractors. Sources of Information Listed below are sources of information the sponsor may use to com- pile and update its directory: 1. State and local directories. 2. Organizations funded by the Minority Business Development Agency (MBDA) of the Department of Commerce. 3o Local and regional offices of the Small Business Administration. 4. National Minority Supplier Development Counsel DBE Data Bank. II. Procedures to Ascertain the Eligibility of DBEs and Joint Ventures Involvinq DBEs The City of Denton will certify the eligibility of DBEs and joint ventures involving DBEs that are named by competitors for FAA- assisted contracts to be let by the City. The City may also accept the certifications made by other DOT recipients. The City of Denton requires prime contractors to make good faith efforts to replace a DBE subcontractor that is unable to perform the contract successfully with another DBE. Substitutions of DBE subcontractors after bid opening and during contract performance must be approved by the City of Denton. In these instances, the city of Denton verifies the eligibility of the substitute firm. Any business that desires to participate as a DBE will be required to complete and submit Schedule A (Appendix 1) to the City of Denton. Any business that desires to participate as a joint ven- ture DBE will, in addition, be required to complete Schedule B (Appendix 2). The schedules must be signed and notarized by the authorized representative of the business. The required Schedule must accompany the DBE participation informa- tion submitted to the City of Denton by competitors. A firm seeking certification as a DBE will not be required to sub- mit schedule A or B if either of the following applies: 1. The potential DBE contractor states in writing that it has sub- mitted the same information to or has been certified by the City of Denton, any DOT element, or other Federal agency that uses essentially the same definition and ownership and control criteria as the DOT. In this case, the potential DBE must ob- tain the information and certification (if made) from the other agency and submit it to the City; or Page 2 2. The potential DBE contractor has been determined by the Small Business Administration to be owned and controlled by socially and economically disadvantaged individuals under Section 8(a) of the Small Business Act, as amended. (See page 5 regarding information that 8(a) firms are required to provide.) III. Uniform Certification Standards The City of Denton will take at least the following steps in deter- mining whether a firm may be certified as a DBE: 1. Perform an on-site visit to the offices of the firm and to any job sites on which the firm is working at the time of the eligi- bility investigation.1 2. Obtain the resumes or work histories of the principal owners of the firm and personally interview these individuals. 3. Analyze the ownership of stock in the firm, if it is a cor- poration. 4. Analyze the bonding and financial capacity of the firm. 5. Determine the work history of the firm, including contracts it has received and work it has completed. i On-site Certification Visits Per guidance from the FAA, office and job site visits may be omitted from the investigation in any of these situations: 1. When the City, at its discretion, accepts the certification of another DOT recipient, which included visits conforming to the regulations. 2. When the City obtains the report of a site visit completed by another DOT recipient, which the C~Lty relies on. A firm applying for certification may be required to supply such re- port or cause the other recipient to supply it. The City will then draw its own conclusions regarding eligibility. 3. When the City recertifies a firm that is previously reviewed on-site, and eligibility issues (e.g., change in ownership) have not arisen that make a second visit necessary. In the absence of such issues, an on-site visit need be conducted only once. Page 3 6. Obtain or compile a list of equipment owned or available to the firm and the licenses of the firm and its key personnel to perform the work it seeks to do as part of the DBE program; and 7. Obtain a statement from the firm of the type of work it prefers to perform as part of the DBE program. Decertification Procedures Whenever the City of Denton comes to believe that a firm with a current certification is no longer eligible, the firm will be afforded the rudiments of due process prior to revoking its eli- gibility. The steps to be used are: 1. A letter will be sent to the firm, stating that the City is contemplating decertification. A brief description of the reasons for the proposed action will be included. 2. The firm will be given an opportunity to respond in person and in writing to present information and arguments. An informal meeting or hearing may be part of the process, but a formal adversary proceeding will not be used. While these procedures are not a regulatory requirement, the DOT has recommended them to make the process fair and to prevent un- necessary procedural litigation. IV. DBE DEFINITION To qualify for certification, a firm must meet the definition of a disadvantaged business enterprise (DBE). The definition used by the City of Denton is as follows: A small business concern: 1. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically dis- advantaged individuals; and 2. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. Page 4 Determinations of Business Size The first step in the certification process is to make a deter- mination of business size. If the applicant is not a "small business concern," as defined below, it w~Lll not be certified by the city of Denton, even though it may be owned and controlled by socially and economically disadvantaged individuals and eligible in all other respects. Even a firm certified by the Small Business Administration (SBA) under the 8(a) program is not eligible if it is not small.2 1. The size standards established by the SBA in 13 CFR Part 121, as revised on May 25, 1988, are used for making size deter- minations. 2. However, no firm is considered small if, including its affil- iates, it averages annual gross receipts in excess of $14 million over the previous three fiscal years (Section 505(d) (2), Airport and Airway Improvement Act of 19.82, as Amended). Thus, a general contractor must "graduate" from the program once its gross receipts exceed the $14 million ceiling, even though the SBA standard for general contractors is $17 million. 3. Contractors are still subject to applicable lower limits established by the SBA. For example, the SBA size limit for electrical contractors is $7 million (average of annual gross receipts for three-year period). The $? million limit, rather than the $14 million ceiling, governs in size determinations of these contractors. 2The Department has stated that the $14 million limit for small business concerns, which is discussed below, applies to Section 8(a) firms. Sponsors have the authority and obligation to require a Section 8(a) firm applying for certification or recertification to submit financial figures indicating its average annual gross receipts for the three years prior to the date of the application. If a firm has earned gross receipts in excess of the $14 million standard, the firm must be denied certification or decertified by the sponsor. A firm that refuses to supply information to enable the sponsor to make this determination may be either denied certification or decertified by the sponsor. Neither the DOT nor a sponsor may require a Section 8(a) firm to submit other eligibility information, including any pertaining to ownership and control, or social and economic disadvantage. A sponsor who believes that the Section 8(a) status of a firm is questionable should communicate the information to the Small Business Administration, which is solely empowered to grant or revoke 8(a) certifications. Page 5 4. For AIP-funded subcontracts of $10,000 or less, a firm is small under the SBA regulations if, including its affiliates, it has no more than 500 employees. 5. For AIP-funded subcontracts over $10,000 and prime contracts, a firm is small under the SBA regulations if, including its affiliates, it meets the applicable standard in terms of average gross receipts, number of employees, or other measure. While for many of the businesses used in AIP projects, the SBA standard is measured in gross receipts, this may not always be so. For example, a manufacturer of concrete products (SIC 3272) is small if it has no more than 500 employees. If one of these businesses earns gross receipts in excess of the $14 million cap, it would not qualify as small and hence for eligibility as a DBE, even though it may have less than 500 employees. 6. All affiliates of a firm, as well as the firm itself, are con- sidered when determining gross receipts earned or number of persons employed. Affiliation exists if one firm controls or has the power to control the other, or a third party or parties controls or has the power to control both firms. 7. Information on gross receipts earned by an applicant is obtained from its submission of Schedule A (Appendix 1). 8. If a firm applies for certification in more than one category (e.g., general construction and special trade subcontractor), the applicable SBA standard is the one that describes the work the firm will perform under the AIP-funded contract. 9. Size determinations will be reviewed annually in connection with the recertification process. Socially and Economically Disadvantaqed Individuals 1. Any person having a current 8(a) certification from the Small Business Administration is considered[ to be socially and economically disadvantaged. 2. The City of Denton makes a "rebuttable presumption" that individuals in the following groups who are citizens of the United States (or lawfully permanent residents) are socially and economically disadvantaged: a. Women; b. Black Americans, which includes persons having origins in any of the Black racial groups of Africa; Page 6 c. Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central, or South American, or other Spanish or Portuguese culture or origin, regardless of race; d. Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; e. Asian-Pacific Americans, which includes persons whose origins are from Japan, china, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas; and f. Asian-Indian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, and Sri Lanka. The City of Denton will generally assune that business owners who fall into one of these groups are socially and economically disadvantaged. Their disadvantaged status will not generally be investigated, unless a third-party challenge is made. 3. Other individuals may be found to be socially and economically disadvantaged on a case-by-case basis. For example, a disabled Vietnam veteran, an Appalachian white male, or another person may claim to be disadvantaged. If such individual requests that his or her firm be certified as a DBE, the city of Denton, as part of the certification process, wil~L determine whether the individual is socially and economically disadvantaged under the SBA regulations. These owners must demonstrate that their disadvantaged status arose from individual circumstances, rather than by virtue of membership in a group. Challenqe Procedures Any third party may present evidence challenging whether a firm's owners who are presumed to be socially and economically disadvan- taged are truly disadvantaged. Individuals certified as $(a), how- ever, are not subject to these challenges.3 When the City of Denton receives a written challenge to the dis- advantaged status of a business owner that is certified or seeking certification, the city will make a determination of social and economic disadvantage. The City itself may also initiate an in- quiry. 3If a challenge is made to the owners of an 8(a) firm, the sponsor should refer the information or question to the SBA for resolution, as indicated on page 5. Page 7 The guidelines in 49 CFR 23.69 and Appendix C will be used for these actions. The procedures are informal; strict rules of evidence do not apply. While a challenge is in progress, the presumption of social and economic disadvantage continues, and if the firm has been certi- fied, it will continue to be eligible as a DBE. Eliqibility Standards The city of Denton will use the following standards to determine whether a firm is owned and controlled by one or more socially and economically disadvantaged individuals. 1. Bona fide membership in a group of socially and economically disadvantaged individuals must be established on the basis of the applicant's claim that he or she is a member of such group and is so regarded by that particular disadvantaged community. However, the City of Denton is not requ~Lred to accept the claim if it is determined to be invalid. Proof of ancestry alone is not conclusive evidence of member- ship in a group of socially and economically disadvantaged individuals. The fact that a person's grandfather or other relative belonged to one of these groups does not necessarily qualify the applicant as a member for purposes of DBE certification. If the individual has not held himself or herself out to be a member of the community of disadvantaged individuals, has not acted as a member of that community, and would not be identi- fied by persons in the population at large as a member of the group, the individual is not considered as belonging to that disadvantaged group for purposes of DBE certification. 2. An eligible DBE must be an independent business. The ownership and control by disadvantaged persons must be real, substantial, and continuing and must go beyond the pro forma ownership of the firm as reflected in its ownership documents. The dis- advantaged owners must enjoy the customary incidents of owner- ship and must share in the risks and profits commensurate with their ownership interests, as demonstrated by an examination of the substance rather than form of arrangements. Recognition of the business as a separate entity for tax or corporate purposes is not necessarily sufficient for recognition as a DBE. In determining whether a potential DBE is an independent business, the City of Denton considers all relevant factors, including the date the business was established., the adequacy of its resources for the work of the contract, and the degree to which financial, equipment leasing, and other relationships with non- DBE firms vary from industry practice. Page 8 3. The disadvantaged owners must also possess the power to direct or cause the direction of the management and day-to-day, as well as major decisions on matters of management, policy, and operations. The firm must not be subject to any formal or in- formal restrictions which limit the customary discretion of the disadvantaged owners. There must not be restrictions through, for example, bylaw provisions, partnership agreements, or charter requirements for cumulative voting rights or otherwise that prevent the disadvantaged owners, without the cooperation or vote of any owner who is not socially and economically disadvantaged, from making a business decision of the firm. 4. If the owners of the firm who are not socially and economically disadvantaged individuals are disproportionately responsible for the operation of the firm, then the firm is not controlled by socially and economically disadvantaged individuals and is not eligible. Where the actual management of the firm is contracted out to individuals other than the owner, the persons having the ultimate power to hire and fire the managers are considered as controlling the business. 5. Ail securities which constitute ownership and/or control of a corporation for purposes of establishing it as a DBE must be held directly by socially and economically disadvantaged individuals. No securities held in trust, or by any guardian for a minor~ shall be considered as held by socially and economically disadvantaged individuals in determining the ownership or control of a corporation. 6. The contributions of capital or expertise by the socially and economically disadvantaged individuals to acquire their interests in the firm shall be real and substantial. Examples of insufficient contributions include a promise to contribute capital, a note payable to the firm or its owners who are not socially and economically disadvantaged, or the mere partici- pation as an employee, rather than as a manager. 7. In addition to the above standards, special consideration is given to the following circumstances: a. Newly formed firms and firms whose ownership and/or control has changed since the date of the advertisement of the DOT- assisted contract are closely scrutinized to determine the reasons for the timing of the formation or change in the firm. b. A previous and/or continuing employer-employee relationship between or among present owners is carefully reviewed to ensure that the employee-owner has management responsi- bilities and capabilities, as referenced above. Page 9 c. Any relationship between a DBE and a non-DBE which has an interest in the DBE is carefully reviewed to determine if the interest of the non-DBE conflicts with the requirements for ownership and control. 8. A joint venture will be certified if the DBE partner of the joint venture meets the eligibility standards, is responsible for a clearly defined portion of the work to be performed, and shares in the ownership, control, management responsibilities, risks, and profits of the joint venture. 9. A joint venture is eligible to compete in a DBE set-aside if the DBE partner of the joint venture meets the eligibility standards; the DBE partner's share in the ownership, control, management responsibilities, risks, and profits of the joint venture is at least 51 percent; and the DBE partner is responsible for a clearly defined portion of the work to be performed. 10. A business applying for certification as a DBE or as a joint venture DBE must cooperate with the City of Denton in supplying any additional information which may be requested in order to make a determination. For example, the applicant may be required to provide income tax statements. 11. The city of Denton safeguards from disclosure to unauthorized persons information that reasonably may be regarded as con- fidential business information, consistent with Federal, state, and local law. 12. Once certified, a DBE will be required to update its submission annually by submitting a new Schedule A or certifying that the Schedule A on file is still accurate. Firms are notified upon certification that a new Schedule A must be submitted whenever there is a change in the firm's ownership or control. 13. The denial of certification by the City of Denton is final for the particular contract and any other contracts being let at the time of the denial (except when tile Department of Trans- portation reverses the denial, following an appeal). Firms denied certification may correct deficiencies in their owner- ship and control and reapply for certification only for future contracts. Page 10 V® Percentage Goals for the Dollar Value of the Work to be Awarded to DBEs Establishinq the Overall Goal The program must contain a single overall goal for the use of DBEs in AIP-funded contracting, together with a description of the meth- odology employed in establishing it. (Appendix 4 contains a sample methodology.) The following guidelines apply when establishing the overall goal: Make a projection of the work to be accomplished durinq the goal period on all AIP-funded contracts (excluding purchases of land) and estimate the cost of the work items in each. Whenever possible, an engineer's estimate of the costs should be provided. The overall goal may cover a one-year period or may be set for a particular grant, project, or group of qrants and/or projects. Whichever method is used, the goal must be updated annually. The overall goal and the base from which the goal is calculated must reflect both construction and nonconstruction contracts funded by the AIP. Eligible nonconstruction includes funding for archi- tectural, engineering, planning consultants, and other professional services, purchase of vehicles and equipment (e.g., snow plows, crash/fire/rescue vehicles) and supplies. While contracts to purchase land are excluded from the goal-setting process, all other contracts let under land acquisition projects, such as for real estate survey and appraisal, are included. Funds received under the AIP for work that is accomplished by the sponsor's own employees or the employees of another public agency ("force account") are excluded from consideration. Other costs that are not contracted (e.g., for administration and advertising) should also be excluded. 2. Select the qeoqraphical area(s) to be used in seekinq DBEs for the work to be accomplished. Sponsors and their contractors must, as a minimum, seek DBEs in the same geographical area in which they seek contractors or sub- contractors generally for a given solicitation. The relevant geographical area may vary depending on the contract. For example, if a sponsor advertises for general contractors in a 5-county area to do a construction project, then the availability Page 11 of DBEs for that project must be based on its search in the 5- county area. If the same sponsor uses a larger area, such as state-wide, to advertise for professional services, the DBE goal for these con- tracts must be based on its search on a state-wide basis. 3. Consult the Directory and other sources to determine the availability of DBEs in the relevant geoqraphical areas. Sponsors may consult, in addition to their own DBE directory, the directories or lists of State and local agencies, other DOT re- cipients, the Chamber of Commerce, the Small Business Administra- tion, the Minority Business Development Agency of the Department of Commerce, and other listings. These sources should provide a basis for determining the availability of DBEs in the relevant areas capable of performing the work of the contracts. 4. Identify potential for DBE participation Based on a review of the directories and prior accomplishments, sponsors should identify potential for DBEs to participate as prime or subcontractors in the AIP-funded projects during the goal period. The following factors should be considered: a. The number and types of contracts to be awarded and the number and types of DBEs likely to be available to compete for those contracts; and b. The past results of the sponsor's efforts to contract with DBEs and the reasons for the high or low level of those results. The above approach provides for practical goals that are related to the known availability of qualified DBEs. 5. Calculate the Overall Goal The overall goal is determined by dividing the Federal share of potential awards to DBEs (dollar value) by the Federal share of all prime contract awards (dollar value) forecast for the goal period. Appendix 6 contains information on the Federal share. Federal Share of Potential DBE Awards ($) Overall DBE = Goal Federal Share of All Prime Contract Awards ($) Page 12 In the example in Appendix 4, the Federal share of all project costs is 90%, and the calculation becomes:: (90%) x $125,500 = $112,950 overall DBE = = 13.9% Goal (90%) x $90,000 = $810,000 If the overall goal does not represent an increase over the previous year's accomplishments, the sponsor must provide an explanation why an increase cannot reasonably be achieved.4 Sponsors should submit information for any additional AIP-funded work to be undertaken during the goal period for which estimates are not available at the time of program submission. Potential for DBE participation should also be identified for these projects. A revised overall DBE goal will need to be submitted to the FAA for approval. Sponsors must also obtain approval prior to soliciting bids for these projects. (There is no exact formula that can be readily used to establish overall percentage goals. Sponsors who propose to use a formula should ensure that the availability of DBEs and the other factors contained in the regulation have been considered. The population of the minority community is only a very general guide to avail- ability. Goals adopted by other DOT recipients or other state or local agencies in the same geographical area may be a useful guide when contracting requirements are similar. Also, the history of FAA Regional data as broken down by state and various airports can serve as an excellent reference.) VI. Overall DBE Goal of Less than 10 Percent Sponsors who submit an overall DBE goal that is less than 10 per- cent must take the following steps in addition to those described in the previous pages. 1. The sponsor is required to submit a justification which pro- vides information on the following points: a. The sponsor's efforts to locate DBEs; b. The sponsor's efforts to make DBEs aware of contracting opportunities; 4Sponsors submitting an overall goal of 10 percent or more should not include any of this information in their submission. Page 13 c. The sponsor's initiatives to encourage and develop DBEs; d. Legal or other barriers impeding the participation of DBEs at a level of at least 10 percent in the sponsor's FAA- assisted contracts, and the sponsor's efforts to overcome or mitigate the effects of these barriers; e. The availability of DBEs to work on the sponsor's FAA- assisted contracts; f. The size and other characteristics of the minority popu- lation of the sponsor's jurisdiction, and the relevance of these factors to the availability or potential availability of the DBEs to work on the sponsor's FAA-assisted contracts; and g. A summary of the views and info]fmation concerning the availability of DBEs and the adequacy of the sponsor's efforts to increase DBE participation, as provided by persons and organizations consulted~ by the sponsor (see 3 below). 2. The sponsor must ensure that the request for the overall goal is signed or concurred in by the elected official, head of the board, or other official responsible for the operation of the airport sponsor. 3. The sponsor is required to consult with minority and general contractors' associations, community organizations, and other officials or organizations that could be expected to have information concerning the availabi].ity of DBEs and the adequacy of the sponsor's efforts to increase DBE partici- pation. Notice Publishinq the Overall Goal When the overall goal is submitted to the FAA, the sponsor is re- quired to publish a notice announcing that the proposed goal and methodology are available for inspection for a 30-day period at the sponsor's principal offices. The notice should state that comments will be accepted by the sponsor or the Department of Transportation for 45 days following publication. The notice should include ad- dresses where comments may be sent and should state that the com- ments are for informational purposes only. Sponsors should publish the notice in general circulation media and in any media of the disadvantaged community and trade associations. Page 14 Past Year Accomplishments When counting DBE participation toward the goals, sponsors should exclude contracts for land, funds for force account, and other non- contractual work (as these same items are excluded when estab- lishing the goals). Only the Federal share of AIP-funded contract awards may be applied toward the overall goal. These amounts are reported to the FAA on approved forms. For example, assume that the sponsor depicted in Appendix 4 awards contracts as shown below: (Actual Awards) Project Items $ Amount $ DBE Professional Services 50,000 30,000 Construction: 610,500 84,500 Equipment: 250,000 0 (Land)5 (100,000) 0 Total 910,500 114,500 Achievement toward the overall goal is determined by dividing the Federal share of actual awards to DBEs (dollar value) by the Federal share of all prime contract awards (dollar value) made during the goal period. Achievements should reflect contract amendments, as well as awards. The Federal share of all project costs in this case is 90%. Overall (90%) x 114,500 = 103,050 DBE Goal = = 12.6% Achievement (90%) x 910,500 = 819,450 Thus, the Federal share of contracts awarded to DBEs is $103,050, while the Federal share of all prime contracts awarded is $819,450. Although an overall goal of 13.9% had bee]] established (Appendix 4), the sponsor achieved 12.6% in actual DBE participation. Addi- tional information on counting DBE participation toward the goals is contained on pages 35 and 36. Updated Goal The overall goal must be reviewed at least annually. The review includes an analysis of projected versus actual DBE participation. An updated overall goal and methodology must be submitted to the FAA 30 days prior to the end of the goal period or when requested 5Land is not counted toward the goals. Page 15 by the Regional civil Rights Officer. Appendix 4 contains a sample format for the update. Unless otherwise requested, only this in- formation, not the entire DBE program, should be submitted. An up- date is required even when the sponsor does not anticipate awarding any FAA-assisted contracts during the following 12-month period. If the sponsor's overall DBE goal expires and a new goal has not been approved, the sponsor may not issue further solicitations for AIP-funded contracts, including IFB's or RFP's, unless the FAA has approved the specific contract goal or a new overall goal. Explanation for Failinq to Meet Overall D£.E Goal Sponsors who fail to achieve the overall £~BE goal are required to provide an explanation showing why failure to meet the goal was beyond the sponsor's control. Contract Goals A contract goal must be established for each prime contract funded by the AIP that has subcontracting possibilities. The requirement applies to both construction and nonconstruction (i.e., architec- tural, engineering, other professional services, equipment, etc.). A single goal for DBEs is also used for the contract goal. The appropriate goal should be included in the contract solicitation (a sample clause is shown on page 30). Contract goals should be set to achieve the overall goal, as illus- trated in Appendix 4. Individual contract goals may vary from the overall goal. The contract goal is determined by dividing the total dollar value of potential subcontract awards to DBEs by the total estimated dollar value of the prime contract. Unlike the overall goal, which is based on the Federal share only, contract goals are based on the total contract amount - the Federal share plus the sponsor's matching funds. Specific Contract Potential DBE Contracts (Dollars) DBE Percentage Goal= Total Estimated Cost of Prime Contract (Dollars) Sponsors are not required to submit contract goals with their DBE program, but a description of the methodology (Appendix 4) to be used in establishing them should be included. The FAA Regional Office may require approval of contract goals prior to solici- tation. Page 16 In the example in Appendix 4, the sponsor was able to establish contract goals of 5.7% and 16.6% for the two construction projects. DBE potential in professional services was identified, but a con- tract goal was not established, as more titan one contract may be let. No DBE participation was projected for purchase of the fire truck, as none of the manufacturers known to the sponsor are DBEs. Be- cause no subcontracting opportunities exist, a contract goal will not be established. VII. A Means to Ensure that Competitors Make Good Faith Efforts to Meet the ])BE Goal Whenever the City of Denton issues a solicitation for an FAA- assisted contract that has subcontracting possibilities, the solicitation will contain the DBE contract goal. The City will follow this procedure for nonconstruction as well as construction projects. Thus, the appropriate goal will be included in Invi- tations for Bids (IFB) for construction work and in Requests for Proposals (RFP) for architectural, engineering, and other pro- fessional services. The solicitation will include a statement that the apparent suc- cessful competitor will be required to submit DBE participation information and that as a condition of receiving the contract, the competitor must meet the DBE goal or demonstrate to the City that it made good faith efforts. The actual clause to be used is: "The bidder/proposer shall make good faith efforts, as de- fined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to subcontract percent of the dollar value of the prime contract to small business concerns owned and con~rolled by socially and economically disadvantaged individuals (DBE). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans. The apparent successful competitor will be required to submit infor- mation concerning the DBEs that will participate in the contract. The information will include: (1) the name and address of each DBE; (2) a description of the work to be performed by each named firm; and (3) the dollar value of the work of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide documentation demonstrating that it made good faith Page 17 efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive." The DBE participation information will be required prior to com- mitting the city to award the contract to the apparent successful competitor. (If a contract goal has not been established, the clause shown should not be included in the solicitation.) (If a contract goal has been established, a bidder may not meet the requirements of the bid specification by stating that it will accomplish all work of the contract using its own employees. It, first, must demonstrate to the sponsor's satisfaction, that it made good faith efforts to meet the goal, and despite those efforts, was unable to subcontract any of the work to DBEs.) If the contract goal specified in the solicitation is not met, the apparent successful competitor will be required to submit documen- tation of the efforts it made. The City will then determine whether these are "good faith efforts." The following criteria will be used: 1. Whether the contractor attended any pre-solicitation or pre-bid meetings that were scheduled by the recipient to inform DBEs of contracting and subcontracting opportunities; 2. Whether the contractor advertised in general circulation, trade association, and minority-focus media concerning the subcon- tracting opportunities; 3. Whether the contractor provided written notice to a reasonable number of specific DBEs that their interest in the contract was being solicited, in sufficient time to allow the DBEs to participate effectively; 4. Whether the contractor followed up initial solicitations of interest by contracting DBEs to determine with certainly whether the DBEs were interested; 5. Whether the contractor selected portions of the work to be performed by DBEs in order to increase the likelihood of meeting the DBE goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 6. Whether the contractor provided interested DBEs with adequate information about the plans, specifications, and requirements of the contract; Page 18 7. Whether the contractor negotiated in good faith with interested DBEs, not rejecting DBEs as unqualified without sound reasons based on a thorough investigation of their capabilities; 8u Whether the contractor made efforts tc assist interested DBEs in obtaining bonding, lines of credit, or insurance required by the City or contractor; and 9. Whether the contractor effectively used the services of available minority community organizations; minority con- tractors groups; local, state, and Federal minority business assistance offices, and other organizations that provide assistance in the recruitment and placement of DBEs. The following points apply to good faith effort determinations: 1. Good faith efforts are those that could reasonably be expected to result in goal attainment by a bidder who aggressively and actively seeks to obtain DBE participation. 2. The above list of nine efforts are recommended by the De- partment as ones that bidders/proposers may make to obtain DBE participation. It does not represent a mandatory checklist of required actions; no one or combination is required in all cases. 3. The list above is not intended to be exhaustive; other factors or efforts may be relevant in appropriate instances. 4. The City will examine the quantity and intensity of the efforts as well as the type of actions taken. Efforts that are merely pro forma are not sufficient, even though they may be sincerely motivated. Alternative Requirements A recipient may prescribe other requirements of equal or greater effectiveness in lieu of good faith efforts. In that case, the recipient should notify the FAA by letter of the content of those requirements prior to contract award. In the event that FAA does not approve of the alternative require- ments, the recipient may be required to use good faith efforts as described above. Conclusive Presumption When 49 CFR Part 23 was published by the Department in 1980 (45 Fed. Reg. 21172, March 31, 1980), Section 23.45(h) and (i) estab- lished a conclusive presumption to be used in the award of DOT- Page 19 assisted contracts. Under these provisions, the recipient presumed conclusively that if one bidder met the MBE contract goals and of- fered a reasonable price, bidders that did not meet the goals had not exerted sufficient reasonable efforts,, and hence were ineli- gible to receive the contract. For example, if the low bidder failed to meet the goals, the recip- ient was required to award the contract to another bidder that had, provided that its price was reasonable. An amendment to Part 23 published on April 27, 1981 (46 Fed. Reg. 23457) replaced the conclusive presumption with the current provi- sions that are illustrated above, which allow the low bidder to receive the contract if it meets the goal or satisfies the recip- ient that it made good faith efforts. When the amendment was published, the Department stated that recip- ients may use the mechanism of the original Sections 23.45(h) and (i) or another system of their choice, provided that it is as or more effective than the good faith efforts. Thus, sponsors who wish to use the conclusive presumption approach may do so without obtaining approval from the FAA. Page 20 Appendix I SCHEDULE A INFORMATION FOR DETERMINING DISADVANTAGED BUSINESS ENTERPRISE ELIGIBILITY If, at any time, the Department or a recipisnt has reason to believe that~ any person or firm has willfully and kno,ingly provided incorrect information or made false statements, or acte~ in e manner prohibited by 49 CFR Part 29, the responsible official shall refer the matter to the General Counsel of the Department. He/she may initiate procedures for suspension or debarment as provided in 49 CFR 29.17 and/or refer the matter to the Department of Justice under 18 U.S.C. 1001, as deemed appropriate. / 1. Name of firm 2. Address of firm 3. Phone number of firm ( ) 4. Contact Person 5. Nature of Business: Specify major servicell/products. 6. Geographical Area Served: States Coun~:iea 7. Yeara f£rm has been in business 8, Type of o~uership: (Check one) Corporation Partnership Sole Proprietorship Joint Venture Other <Specify) Append ~x 1 1 Schedule A Page 2 of 6 9. Ownership of firm: Identify thoee who own 5 percent or more of the firm's ownership. Columns (e) and (f) need to be filled out only if one or more owners is not a socially and economically diea,~vantaged individual. A B C D E F Years of Ownership Voting Name Race Sex Ownership Percentage Percent / If one or more owners is not disadvantaged, list th~ contributions of money, equipment, real eetate, or expertise of each of the owners. (Attach a separate mheet if neceeeary.) 10. Control of firm: Identify by name, race, e~x, and title in the firm those individuals (including owners and non-owners~ who are responsible for day-to-day management and policy decision making including, but not limited to, those with prime reeponeibility for: a. Financial Decisions b. Management Decisions, such as: (1) Estimating Appendix I 2 Schedule A Page 3 of 6 (2) Marketing and Sales (3) Hiring and Firing of Management Personnel (4) Purchase of Major Items or Supplies c. S~pervision of Field Operations 11. For each of those listed in number 10, provide a brief su~,~ary of the person's experience and number of years with the firm, indicating the person's qualifications for the responsibilities given him or her. (Attach a separate sheet if necessary.) 12. Describe or attach a copy of any stock options or other ownership options that are outstanding, and any agreements between owners or between owners and third parties which restrict ,~wnershlp or control of the disadvantaged owners. (Attach a separate sheet if necessary.) Appendix 1 3 Schedule A Page 4 of 6 - 13. Identify any owner (see Item 9) or management official (see Item 10) of the named firm who is or has been an employee of ~noth~r firm that has an o~ership interest in or a present business relationship with the named firm. Present business relationships include shared space, equipment, financing, or employees as well as both firms having some of th'e same owners · 14. Whet are the groo~ r~ceipts of th~ firm for each of the last three ye~re? Year ending Gross Receipts $__ Year ending Gross Receipts $__ Yur ending Gross Receipts $__ 15. b of bonding co~pany, if any: Bondimg Limit: Sourcg of letters of credit, if any: 16. Are you authorized to do business in the state es well as locally, including all necessary business licenses? Yes No Attach one copy of the npereting license, if any. Type of Business Li,:ense Number Appendix 1 4 Schedule A Page 5 of 6 17. Specify the major items of equipment owned and/or leased by the firm. N~me and Address Equipment Owned Quantity Equipment Leased of Owner / 18. Has the firm ever applied for or been de,tied DBE/MBE/WBE certification with the City, Department of Transportation, o~ elsewhere? Yes No Applicatiol~ Pending If yes, name the certifyin$ authority, da~e, and s~a~e circumstances of such certification or denial. Appendix 1 5 Appendix 2 SCHEDULE B INFORMATION FOR DETERMINING JOINT VE~URE ELIGIBILITY (This form need not be filled in if all joinl: venture firms are disadvan- taged business enterprises.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joil~t venture. (The DBE partner must comple%e Schedule A) a. Describe the role of the DBE firm in t'be joint venture b. Describe very briefly the experience and business qualifications of each non-DBE joint venture: 5. Nature of joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of DBE ownership? 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.) a. Profit and loss sharing. b. Capital contributions, including equip~ant. c. OCher applicable ownership intsrests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" Chose individuals (and their titles), who are responsible for day-to-day manasement amd policy decision making, including but not limited to, those with primary responsibility for: Appendix 2 I Schedule B Page 2 of 3 a. Financial l~ecisions b. Management Decisions, such as: (1) Estimating (2) Marketing and Sales (3) Miring and Firing of Management Personnel (4) Purchasing of major items or supplies c. Supervision of Field Operations Note: If, after filing this Schedule B and before the completion of the joint venture's work on the c6ntract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either directly or through the prime contractor if the joint venture is a subcontractor. Affidavit 'The undersigned swear that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to the grantee current, colaplete, and accurate information regarding actual joint venture work and the payment therefore, and any proposed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records, and files of the joint venture, or those to each joint venture relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded for initiating action under Federal or State laws concerning false statements." Appendix 2 2 Schedule B Page 3 of 3 Name of Firm Name of Firm' Signature Signature Name Name Title Title / Date Date Date State of County of On this __day of , 19__, before me appeared (name), to me personally know~, who, Being duly sworn, did execute the foregoing affidavit, and did state that he Or she was properly authorized by (name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Co,~ission Expires (Seal) Date State of County of On this __day of , 19__, before me appeared (name), tO me personally knowns who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Co..-..ission Expires (Seal) Appendix 2 3 Append ix 3 SAMPLE FORMAT - UPDATED GOAL ]~NFORi~ATION Airport Sponsor: Name of Preparer: Tel. No.: Goal Period: From: Thru: Part I: Overall DBE Goal for FAA-assisted Projects Mark one box below: /__/ An overall DBE goal IS NOT required because the airport sponsor does not p~an to award any contracts during the goal period based on an FAA grant that exceeds the amount which requires the setting of a DBE goal. (See page 2 and 3 of the Kit for amounts.) // An overall DBE goal__IS required. The DBE goal methodology is attached (See sample in Appendix 4.) Part II. Leasin~ Goals and Methodology (See smnple in Appendix 5.) Estimated Date Date Description Gross Lease L,~ase % Joint Lessee of Lease Receipts Besins ~pires MBE WBE Venture Totals This Year's Leasing Goals: MBE: % WBE: % Narrative Descr[ption of Leasing Goal Methodology: Explanation for Not Increasins Goal Abowa Previous Year's Level (if applicable): Last Year's Leasing Goals: MBE: WBE: Explanation for Not Achieving Last Year's Leasin~ Goals (if appliable): Appendix 3 Appendix 4 SAMPLE FORMAT - OVERALL DBE GOAL METHODOLOGY Airport Sponsor: City of New Hope, Oregon Name of Preparer: Richard Smith Tel. No.: Goal Period: From: 1/1/89 Thru: 12/3]./89 Overall DBE Goal: 13.9%* *If the goal is less than 10%, attach required justification. Methodology for Establishin~ Overall Goal: Project Items $ Amount * $ DBE * Prof. Serv.: 50,000 45,000 Construction: 600,000 80,500 Equipment: 250,000 -0- Land~ (100,000) ** -0- Noncontract: (40~000) ** -O- Total 900,000 125,500 (13.9%) PROFESSIONAL SERVICES: Item Description $ Amount $ DBE Plans & Design 4,000 4,000 Inspection & Supervision 4,500 -0- Consultant 40,000 40,000 Real Estate Appraisal 500 -0- Real Estate Survey 500 500 Audit 500 500 Total 50,000 45,000 (90.0I) * The Federal share of all estimated contract costs shown is 90I. ** Land, in-house work, and other noncontractual costs are not included in the goal-setting or reporting process. Note: Sponsors and their contractors may meet DBE goals by using the breakout in the methodology or by using any other breakout. Appendix Appendix 4 Construction: Contract 1: Improve access road. Item Description $ Amount $ DBE Remove Curb 1 500 1,500 Remove Bituminous Paving 5 000 5,000 Excavation 2 0OO 2,000 Storm Sewers 2 000 -0- Catch Basins 4 000 -O- Manholes 2 000 -O- Concrete Walk 4 000 -O- Combined Curb & Gutter 8 000 -O- Paving 144,500 -O- Electric 1,000 1,000 Marking 500 500 Total 174,500 10,000 (Contract Goal: 5.7%) Contract 2: Construct Hold Apron ,- RW 18L Item Description $ Amount $ DBE Clearing 5,000 5,000 Excavation 40,000 10,000 Paving 325,000 -0- Trucking 35,000 35,000 Landscaping 15,000 15,000 Lighting 5,000 5,000 Marking 500 500 Total 425,500 70,500 (Contract Goal: 16.6%) EQUIPMENT: Item Description $ Amount $ DBE Fire Truck 250,000 -0- LAND: Item Description $ Amount $ DBE Easement lO0,O00 NONCONTRACTUAL: Item Description $ Amount $ DBE Tree Removal (Force Account) 30,000 Administration 9,900 -- Advertising 100 Total 40,000 Appendix 4 2 Appendix 4 Previous Year's Goals: DEE: 12.5% Previous Year's Accomplishments: DEE: 13.1% Explanation for Not Achieving Previous Year's Goals (if applicable): Not Applicable. / Explanation for Not Increasing Goal Above Previous Year's Accomplishments (if applicable): Not Applicable. Narrative Description of Overall DEE Goal Methodology. Include Information on (1) Recruitment Area(s) and (2) Any Additional AlP Projects Expected Durin~ the Goal Period. For the two construction projects, our recr~iting area consists of the county encompassing the airport and the 4 adjacent counties. Our estimates are based on the availability of qualified DEE',, as listed in our Directory and the State DOT Directory, and the fact tha~: the work is similar to work performed last year. We know of a DEE based outside the metropolitan area who is capable of performing other work under Construction Contract ~1, but that firm has been unwilling in the past to travel to our job sites for contracts of this size. The estimates for professional services reflect our search state-wide. We utilized a DBE 2 years ago who we expect to compete and be the best qualified for portions of the work. Once tk~e scope of the work has been determined, a goal will be established for each prime contract having subcontracting possibilities. The goals will reflect the DBE potential shown in the breakdown of the work items. Regarding purchase of the firetruck, we are unaware of any manufacturers that are DBE's. Because there are no subcontracting opportunities, a contract goal will not be established. One additional AlP project is planned for the goal period. Our engineers have not yet completed estimates for the expansion of the North Terminal. When these are completed, we will submit a revised overall DEE goal. 3 Appendix 4 "Ernwood B. Tullos" WHEREAS, On December 31, 1991 Ernwood B. Tullos, "Ernie" Tullos, retired after 20 years of dedicated service to the City of Denton since his employment on July 27, 1971; and WHEREAS, during his career with the City, Ernie Tullos has con- sistently maintained an attitude of cooperation with and dedication to the stated goals of the Electric Utility Department and the City of Denton; and WHEREAS, during his tenure with the city, Ernie Tullos was instrumental in helping to found the Texas Municipal Power Agency (TMPA), and is largely responsible for the modern transmission system within the City of Denton; and, WHEREAS, Ernie Tullos 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; and WHEREAS, The City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of Ernie Tullos and wish to recognize same; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: That the sincere and warm appreciation of Ernie Tullos 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- warding to him a true copy thereof as a token of our appreciation. PASSED AND APPROVED this 7th day of January, 1992. MARK CHEW, COUNCIL~MEMBER ATTEST: MARGA~T SMITH, COUNCIL MEMBER J/~I'F~'R~A L~E R S, .... -. . MEMBER CITY ATTORNEY e:wpdocs\workforc.r A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING POLICY 100.01 REGARDING EQUAL EMPLOYMENT OPPORTUNITY ANDWORKFORCE DIVERSITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is the policy of the City of Denton to afford equal opportunity in employment to all individuals regardless of race, color, religion, sex, age, disability status, or national origin, and the City is committed to continuing its affirmation to the principles of Equal Employment Opportunity law, the spirit of Affirmative Action, and enhancing a diversified work force; and WHEREAS, the City Manager has recommended approval of this resolution, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That city of Denton Policy, numbered 100.01 attached hereto and incorporated by reference herein, is hereby approved. SECTION II. That this resolution shall become effective imme- diately upon its passage and approval~ PASSED AND APPROVED this the 7' day of ~, 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR:D ~S'-:LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY CITY OF DENTON PAGe. i or 1 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: REFERENCE NUMBER: PERSONNEL/EMPLOYEE RELATIONS 100.01 SUBJECT: EFFECTIVE DATE: EQUAL EMPLOYMENT OPPORTUNITY TITLE: REPLACES: EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT: It is the policy of the City of Denton to afford equal opportunity in employment to all individuals regardless of race, color, religion, gender, age, disability status, national origin, or other protected classification. Therefore, the City is committed to the following principles of Equal Employment Opportunity law which are designed to achieve a diversified work force~ 1. To recruit, hire and promote all job classifications without regard to race, color, religion, gender, age, disability status, national origin or other protected classification. 2. To base decisions of employment so as to further the principles of equal employment opportunity and work force diversity. 3. To ensure that £n-house advancement decisions are made in accordance with the principles of equal employment opportunity by imposing only valid requirements for in-house advancement opportunities. 4. To ensure that all personnel actions, including but not limited to compensation, benefits, transfers, layoffs, return from layoff, training, education through tuition reimbursement, will be administered without regard to race, color, religion, gender, age, disability status, national origin, or other protected classification. 5. To ensure that all facilities of the City of Denton are available to employees on a non-discriminatory basis; and that all social and recreation programs sponsored for employees be open to participation without regard to race, color, religion, gender, age, disability status, national origin, or other protected classification. APPO009F ALL0013B RESOLUTION NO. A RESOLUTION ACCEPTING A GRANT FOR THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has submitted to the Federal Aviation Administration an application for Federal Assistance dated December 20, 1988, for a grant of Federal Funds for a project for development of the Den'ton Municipal Airport; and WHEREAS, the Federal Aviation Administration has approved a project for development of the Airport consisting of a Master Plan Update and Environmental Impact Assessment Report; and WHEREAS, the Federal Aviation Administration has submitted to the City of Denton a Grant Offer in the amount of $135,000 as au- thorized by the Airport and Airway Improvement Act of 1982, for such airport planning and development; Now', THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION I. That 'the City of Denton hereby accepts the Grant Offer from the Federal Aviation Administration in the amount of $135,000 and agrees to comply with all of the assurances and con- ditions contained in the Grant Offer and Application therefore. SECTION II. That the City Manager or his designee is hereby authorized to execute such written agreements as are necessary to receive the funds from the Federal Aviation Administration. SECTION III. That this Resolution shall be effective immedi- ately upon its passage and approval~./;j/ ~ PASSED AND APPROVED this the~/' day, of~ 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROV~ED ~'S~TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY GRANT AGREEMENT FOR PLANNING PROJECT PART 1-OFFER Date of Offer: 3,¥ ~i;"~ Project No.: 3-48-0067-06 Airport/ Planning Area: Denton Municipal Contract No.: DOT FA 92 SW-8456 TO: CITY OF DENTON, TEXAS (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for Federal Assistance) dated October 1, 1991, for a grant of Federal funds for a project at or associated with the Demon Municipal Airport/Planning Area which Application for Federal Assistance, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Conduct master plan study all as more particularly described in the Application for Federal Assistance. FAA Vorm 5100-37 (10-~9) P~annlng Page 1 of 5 Pages' NOW THEREFORE, pursuant to and for the purpose of carqfing out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90 percentum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $150,000. 2. The allowable costs of the project shall not include an)' costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations ~Lnd procedures as the Secretary shall prescribe. Final detemfination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedur.es as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before on or before 30 days or such subsequent date as may be prescribed in mriting by the FAA. FAA Form 5100-37 (10-89) Plant, trig Page 2 of 5 Pages 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. Ail settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. It is understood and agreed that any project costs incurred prior to acceptance of this Grant and formal Notice to Proceed by the FAA shall not be eligible for Federal participation. 10. The sponsor and its consultant will meet with the FAA to refine the scope of work which will be apporved by the FAA prior to issuance of the Notice ~:o Proceed. 11. The sponsor shall hold at least one public information briefing prior to project completion regardless of whether a formal public hearing is required. 12. The sponsor shall comply with the attached Part V Airport Assurances (7-91). FAA Form 5100-37 (10-8g) P~annlng Page 3 of 5 Pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Manager, Texas Airport Development Part II ~ Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms, and conditions in this Offer and in the Project Application. Executed this ~day of ~~~_ ,19~. CITY OF' DENTON, TEXAS (Name of Sponsor) (SEAL) ( ep Or~$OT'$ De$l{lnat eci Oh'lcla, He pr eeentallveJ Title: Attest: ~ Title: ~~ ~ FAA Fo,m 5100-37 {104~9) F~annlng Page 4 of 5 Pages CERTIFICATE OF SPONSOR'S ATTORNEY I, Dahra A. Br~ynxz~ ~-oh , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Texas Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carded out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Denton, Texas this lltl~lay of Febr~tary , 199__2_. ~ ~o,~ s~0o-3z r~o-~ ~,,~ Page 5 of 5 Pages ApplICATION FOR FEDE~ ~ISTANCE Sep[em~er ~ 99] ~ ~ca~ City of Denton Department of Public Works ~ (~ve ~ c~. state. ~ De~to~, ~exas 7620~ (817) 383-7?02 (De~o~ Cou~t~) Airport M&ster Plan Tr~. Airport Improvement Program (AIP) For City of Denton, Denton County, North Dallas Metroplex TOT~ ~ ~50,000 Joe Thompson [ Airport Manaqer [ (817} ~3-7702 St~ P~m ~24' ~E~ U ~ DFPARTMENTOFTRANSPOR~AT'ON . rL.;ERAL. AVIATiONADMINISTRAT~ON PART PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority Rating Yes X . No Item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) tn accordance with OMB Circular A-957 __ Yes X No Item 4. Does th~s assistance request require State, local, Name of Approving Agency regional or other planning approval? Date Yes X No Item .5. Is the proposed project covered by an approved Check one: State comprehensive plan? Local Regional Yes × No Location of plan Item 6. W~Jl the assistance requested serve a Federal Name of Federal Installation ~nstaliahon? _Yes }~ No Federal Population benefiting from Project Item 7. W~II the assistance requested be on Federal land Name of Federal Installation or installation? Location of Zederal Land Yes × No Percent of Project Item 8. Will the assistance requested hove an impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Number of: Will the assistance requested cause the displacement of individuals in&viduaJs lam,lies, businesses, or farms? Families Businesses Yes X No Farms Is there other related Federal assistance on this See instructions for additional information to be prolect previous, pending, or anticipated? provided. Ye s × No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-~O PAGES 1 THRU 7 Poge PARTV ASSURANCI~S AIRPORT SPONSORS A- GENERAK 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants to airport sponsors. 2. These assurances are required to b~ submitted as part of the project application by sponsol~ requesting funds under the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety and Noise Abatement Act of 1979. As used herein, the term public agency sponsor means a public agency with control of a public-ese airport; the term prorate sponsor owner of a public-use airport; and the term sponsor includes public sponsors and private sponsors. 3. Upon acceptance of the l~'ant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. DURATION AND APPLICAB~. FY. 1. Airpo~ ~ or Nois= C_.o~tibility l'mSXam ~ U~,,-a by., ~ Agea~ Spomor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the fadlities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Ye~eral funds for the project. However, them shall be no limit on the duration of the assurance against exclusive rights or the. terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. " Progr~n Pmj~ts Und~"~ by a Pfivat~ SlmS~x. The preceding paragraph 1 2. Airport ~ment or Noir~ Compat~ility of project items installed within a facility or the useful life of also applies to a private sponsor except that the useful life facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than 10 years from the date of the acceptance of Federal aid for the project. 3. Airpolt l]~nnin~ Uudcr~lr~ by a S~oflsog. Unless otherwise specified in the ~rant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, :30, 32, 33, 34, and 36 in Section C apply to planning projects. The tern:s, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. CL SPONSOR CF-,I~r'I~ICATION. The sponsor hereby assures and certifies, with resl~ct to this grant that: L C)cncral lzcdcral Rcquircmcflt~- It will comply with all applicable Federal lavm. regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and usc of Federal funds for this project including but not limited to the following: Federal Lcgl~atioo a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, e~t Secl. b. Davis-Bacon Act - 40 U.S.C. 276(a), et Seq. c. Federal Fair Labor Standards Act of 1938 - 29 U.S C. 201, e.._t se~l.. d. Hatch Act - 5 U.S.C. 1501, e~t ~_~_q.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, et seq) *~: f. National Historic preservation Act of 1966 - Section 106 - 16 U.S.C. 470(0) g. Archeologlcal and Historic preservation Act of 1974 - 16 U.S.C. 469 through 469C.~ h. Flood Disaster protection Act of 1973 - Section 102(a) - 42 U.S.C. 401.2a.' i. Rehabilitation Act of 1973 - 29 U.S.C. 794. j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through dM. k. Aviation Safety and Noise Abatement Act of 19'79, 49 U.S.C~ 2101, e..~t._s.s.s.s.s.s.s.s.s~. 1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, e._~t Seq. m. Architectural Barriers Act of 1968 - 42 LLS.C. 4151, et seq.' n. Airport and Airway Improvement Act of 1982, as amended - 49 U.S.C. 2201, et Seq. o. Powerplant and Industrial Fuel USe Act of 1978 - Section 40~ - 2 U.S.C. 8373) p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, e..~t ?.~q..' q. Copeland Antikickback ACt - 18 U.S.C. 874.' r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq) s. Endangered Species Act - 16 U.S.C. 668(a), et__.~(' t. Single Audit Act of 1984 - 31 U.S.C. 7501, et ?.~q. u. Drug-Free Workplace ACt of 1988 - 41 U.S.C. 702 through 706. v. Aviation Safety and Capacity Expansion Act of 1990. Executi~ Order~ E. xecutiv~ Order 12372 - Intergovernmental Review of Federal Programs Executive Order 11246 - Equal Employment OpportunitY~ a. 49 ~ Part 18 - Uniform Administrative Requirements for Grants and Ckx~aerative Agreements to State and Local b. 49 CFR Part 20 - Restrictions or Lobbying: Airport Assurances (7-91) Page 1 of 9 PP-A-I c. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Pdghts Act of 1964. d. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. e. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally assisted Programs.~ "~ 2 f. 49 CFR Part 27 - Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance) g. 49 CFR Part 29 - Debarments Suspensions and Voluntary Exciu~ions. h. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goo~ and Services of Countries That Deny Procurement Market Aeces~ to U.S. Contractors. i. 29 CFR Part 1 ~ procedures for Predetermination of Wage Rates) j. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Publk Works Financed in Whole or Part by Loans or Grants from U.S2 lc 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and A~sisted Construction.~ 1. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted Contracting Requirements).~ m. 14 CFR Part 150 - Airport Noise Compatibility Planning. a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Legal Governments.* b. A-128 - Audits of State and Local Governments.: ~These laws do not apply to airport planning sponsors. ~?hese laws do not apply to private sponsors. :~49 CFR Part 18 and OMB Circular A-87 contain requirements for State and local governments receiving Federal assistance. Any requirement levied upon State and local governments by thit regulation and circular shall also be applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982, aa amended. Spedfic assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. a. l%blie A~eney Spo~ao<. It has legal authority to apply for the grant, and to finance an.d carry out the p.roposed project.; thais resolution, motion or similar action has.be~, .duly adopted or ..pa.ssed tag aa~n uOraffinC~ae~l ~n~i~ :hPeP~'~m,n~dg~'t~2g body authorizing the filing of the application, including all understanomgs mt and authorizing the person identified as the official representativ~ of the applicant to act in connection with the application and to provide such additional information as may be required. b. Privat~ Slaomm~. It has legal authority to apply for the grant and to finance and carry out the proposed project and com~lv with all terms, conditions, and assurance.q of this grant agreement. It shah designate an official representative and shal~i~ writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with the application; and to provide :tach additional information as may be required. 3. Spo~asor I[Mnd Availability. It has sufficient funds available for that portion of ':he project co~ts which are not to be paid by the United States. It has sufficient funds available to a~ure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds ~.~ll be expended or will ~ assurance to the Secretary that good title will be obtained. 5. Prer~"~qng ~ a. At will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstartding fights or claims of right of others which would interfere with such performance by the ~ponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber or otherwise transfer or dispoc, e of any part of its title or other interests in the property shown on Exhibit A to thi~ application or, for a noise compatibility progr~a project, that portion of the property upon which Federal funds have. been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreemenl and to have the power, authority, and financial resourees to carry out all such obligations, the sponsor shall insert in the contract or document transferring or diSlx~ing of the sponsor's interest, and make binding upon the transferee, all of the terms, conditions, and assurance~ contained in this grant agreement. Airport Assurances (7-91) Page 2 of 9 PP-A-f c. For all noise compatibility program projects which am to be carried out by ~mother unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherw''-se spe~fied by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if the'~e is substantial noncompliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the S,.g~tary. It will take ste~ to enforce this agreement against the property owner whenever there is substantial noncompliance with the terms of the agreement. e. If thc sponsor is a private sponsor, it will take steps satisfactory to thc Secretary to ensure that thc airport will continue to function as a public-use airport itl accordance with these assurances for thc duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or parson other than thc sponsor or an cmploye~ of thc sponsor, thc sponsor will reserve sufficient rights and authority to cnsu.rn that thc airport will bc operated and maintained in accordance with thc Airport and Airway Improvement Act of 1982, thc regulations and thc terms, conditions and assurances in thc grant agreement and shall ensure that such arrangement also requires compliance therewith. 6. ComisUmeywith Laeal Plm~ The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencius that are authorized by the state in which the p~x~ject is located to plan for the development of the area surrounding the airport For noise compatibility program projects, other than land acquisition, to be carried out on property not owned by the airport and over which property another public agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding the property. 7. Considea-afi{m of Local lntm~/. It has given fair consideration to the interest ,of communities in or near which the project may be located. & ~ with U~e~. In malrlng a decision to undertake any air~ort develc,pmcnt project under the Airport and Ah-way Improvement ACt of 1982, it has undertaken reasonable consultations wi~h afro:ted parties using the airport at which the project is propoc, exl. afforded the opportunity for public hearings for the purpose ot conmuenng the airport or runway location and its consistency with the goals and objectives of such planning as has been carried out by the community. It shall, when requested by the Secretary, submit a copy of th~' transcript of such hearings to the Secretazy. 10. Air and Water Quay ~ In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and w~tter quality standards have been promulgated by the Adm/nistrator of the Environmental Protection Agency, certification shtdl be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 1L Local Appioval. In projects involving the construction or extension of any runway at any general aviation airport located astride a line separating/wo counties within a single state, it has received approval for the prOject from the governing body of all villages incorporated under the laws of that state which are located entha:ly within fr~ miles of the nearest boundary of the airport. 12. Terminal Development lh~tequisit~. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under Section 612 of the Federal Aviation ACt of 1958 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such aiq)ort to passengers enplaning or deplaning from aircraft other than air carrier aircraft. a. It shall keep all project accounts and records which fully disclose the amo~nt and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of thc cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall lac kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of Se United States, or any of their duly authorized rnpresentatives, for the purpose of audit and eramination, any books, documentz, papers, and records of the recipient that are pertinent to the grant..T?e. Seere. ta~ .may requir~ th.at an ?_p_~r~p_~t~e..~au, d_.itth~e d.C~on ~ ~hern~faan~ranCa~ or r~lating to the project in connrxtion with which thc .grant ~wa$ 8~n or. a~..: it .s~l.l~¢,a__c¢_trt~.~ copy of such audit with the Comptroller General of the Umted States not later tram o months zonowmg me oc~c o* ,,~ fiscal year for which the audit was made. Airport Assurances (7-91) Page 3 of 9 PP-A-'[ 14. Minimum Wa~ Rat~ It shall include, in all contracts in excess of $2,000 for w)rk on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, Id be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, ns amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in propoe~ or bids for the work. 15. V~ ~ It shall include, in all contracts for work on any projects hmded under the grant agreement which involve labor, such provisions ns are necessary to ensure that, in the employment of labor (except in executive, administrative, and supervisory l~:~itions), preference shall be given to veterans of the Vietnam era and disabled veterans ns dafmed in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 19WL However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Confu~ily to ~ aagl Spedfm~ It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the: Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporation into the grant agreement. 17. Couatrucl~ htqaeet~ m~l Appio~ It will provide and maintain competent technical supexvision at the construction site throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretaxy for thc project. It shall subject thc construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordano: with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and p~ogreas reporting by the sl~msor or sponsors of such project ns the Secretary shall deem necns~y. 18. Planning Pxo~ec~. In carrying out planning projects: a. It will execute the project in accordm~ce with the approved program narrative co~tnined in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the plamdng project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for e:camination by the public, and agree; that no material prepared with funds under this project shall be subject to copyright in the United States or any other cc~untry. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grmlt. f. It will grant the Secretary the tight to disapprove the sponsor's employment Df specific consultants and their subcontractors to do all or any part of this project as well as the right to d~lpprove the proposed scope and coat of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's en~ployeeS to do all or any part of the project. h. It understands and agrees that the Secretary's approwal of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and a. It will suitably operate and maintain the airport and all facilities thereon or connected there~vith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for nonaeronantical purposes must first be approved by the Secretary. The airport and all facilities which are nece~ry to serve the aeronautical users of the ai~ort, other than facilities cnvned or controlled by the United States, shall be opera,ted at all times in a safe and serviceable condition and in accordance with the minimum standards as may be require~l or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. In furtherance of this assurance, the sponsor will have in effect at all times ~rrangements for- (l) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport condition~, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary l~riods when snow, flo~l, or other climatic conditions interf¢~ with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of (]od or other condition or circumstance beyond the control of the sponsor. Airport Assurances (7-91) Page 4 of 9 PP-A-~[ b. It will suitably operate and maintain noise compatibility program items that .t owns or controls upon which Federal funds have been expended. 2/). H,zzanl Po:mo~l and ~ It will take appropriate action to assure that such terminal aitxpace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. ~ ~ Use. It will take appropriate action, including the adoption o~' zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and pu~.compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, wit. Din its jurisdiction, that will reduce the compatibility, with re.vpect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. a. It will make its airport available as an an'pOrt for public-use on fair and reasonable terms and without unjust disetimination, to all types, kinds, and elusses of aeronautical uses. b. In any agreement, contra~ct, lease or other arrangement under which a tight ,ar privilege at the airport is granted to any person, fh'm, or corporation to conduct or enga .ge. in any aeronautical activi~.~ for furnishing services to the public at the airport, the sponsor will insert and enforce provmons requiring the contractor to - (1) furui~h said sendces on a fair, equal, and not unjustly discriminatory bm;is to all users thereof, and (2) charge fair, reasonable, and not unjustly discriminatory prices for each zmit or send/e, provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to v~lume purchasers. c. Each fixedOoased operator at any aiqaort owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-bused operators makinll the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air cartier using such airport shall have the right to service itseff or to use any fixed-based operator that is authorized or permitted by the airport to serve any air cartier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shah be subject to such nondiscriminatory and substantially comparable rules, regulal:ions, conditions, rates, fees~ rentals, and other charges with respect to facilities directly and substantially related to providi~g air transportation as are applicable to all such air carriers which make similar use of such airport and which utilize si~ailar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nous~gnatory carriers. Classification or status as tenant or signatory shall not be umrensonably withheld by any airport provided an air cartier assumes obligations substantially similar to those already impotent on air carriers in such classifications or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or coq)oration operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may cho~,e to perform. g, In the ¢~ent the sponsor itself exercis~ any of the rights and privileges refecred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exciusim: lZi~hm. It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical sexvices to the public. For purposes of this paragraph, th: providing of services at an airport by a single f'txed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than ,one fixed-based operator to provide such sefvicest and b. If allowing more than one Fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to oanduct any aeronautical activities, including, but not limited to charter flights, pilot trnlning, aircraft ren~d and $ightseeing~ ;letial photography, crop dusting, aerial advertising and surveying, air cartier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maint¢:uance of aircraft, sale of aircraft pat~ and any other activities which because of their direct relationship to the operation of ai~taft can be regarded as an aezoanutical activity, and that it will terminate any exclusive right to conduct an aeronautica~l activity now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act of 198~ Airport Assurances (7-91) Page 5 of 9 PP-A-1 24. l~e and Poental Strm:tur~ It will maintain a fee and rental structure consistent with Assurances 22 and 23, for the facilities and services being provided the airport users which will make the airport as sell:sustaining as possible under the circumstances existing at that particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning, or noise compatibility project for which a grant is made under the Airport and Airway Improvement Act of 1982, the F~Meral Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users of that airport. 25. ~ lt~-~ca~ue_ If the airport is under the control of a public agency, all re~:nues generated by thc airport and any local taxes on aviation fuel established after December 30, 19W/, will be expended by it for the capital or operating costs of thc airport; thc local airport system; or other local facilities which ar~ owned or ope. rated by the owner or o .pc. rato.r.of t. he airport and directly and substantially related to the actual air transportation of passengers or property;, or for noise purpoc~s on or off the airport. Provided, however, that if covenants or assuran,~es in debt obligations issued before September 3, 1982, by thc owner or operator of thc airport, or provisions enact,~l before September 3, 1982, in governing statutes controlling the owner or operator's lrmancingo provide for the use of the revenues from any of the airport owner or operator's facilities, including thc airport, to support not only the airport but a~;o the airport owner or opcrator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in thc case of a public airport, local taxes on aviation fuel) shall not apply. 26. Repor~ mad ~ It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. For airport development projects, it will also make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agro.~ments, regulations and other instruments, available for inspe, etion by any duly authorized agent of the Secretary upon reasonable request. For noise compatibility program projects, it will also make records and documents relating to the projo:t and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon re. monable request. 27. Use of Go~mln,~t All, raft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of nireraft to the United States for use by Government aircraft in common with other aircraft at all times without ehalge, except, if the use by Gc~eroment aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the eo~t of opera'~hlg and maintaining the facilities used. Unless otherwise determined by the Secretary, or othe~ise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft will be considered to exist when operations o1' such aircraft are in exce~ of these which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that- a. }rwe (5) or more government aircraft are regularly based at the airport or oa land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of .government aircraft is 300 or more, or the grot, s accumulative weight of government aircraft using the airpo~ (the total movements of government aircraft multiplied by gr~s weights of such aircraft) is in excess of five million pounds. 28. lamd foe ~ ~ It will furnish without cost to the Federal Govermtient for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or faeiliti~s for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the a. It will keep up to date at all times an airport layout plan of the airport sho~fing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and natun.' of all existing and proposed airport faeilitie~ and structures (such as runways, taxiways, aprons, terminal buildings, hangm's, and ro~ds), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviafion areas and of all existing improvements thereon. Such airport layout plan and eaeb amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shsll be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout '.?lan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities which are not in conformity with the airport layout plan as appel, ed by the Secretary and which might, in thc opinion of the Secretsqr, adversely affect the safety, utility, or efficiency of the airport. b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any Federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the o~mer or operator will, if requested by the Secretary (1) eliminate such adverse effect in a manner approved by the Sexvretary; or (2) bear all co~ts of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all co~ts of restoring such pro!~rty (or replacement thereof) to the level of safety, utility, efficiency, and co~t of op~:ration existing before the unapproved change in the ah'port or its facilities. Airport Assurances (7-91) Page 6 of 9 PP-A-1 30. ~ llZi~h~. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance cgoligates.the .s~nsor for the period du.rh~.g which Federal financi.'al assis!ance is extended to the program, except where Federal financial assistance m to provtde, or ~s In the form o! personal property or real property or interest therein or structures or improvements thereon, in which ease the assurance obligates the sponsor or any transfere~ for the longer of the following periods: (a) the period during wiMch thc property is ut, ed for a purpose for which Federal financial assistance is extended, or for another purptt, e involving thc provision of aimilar services or benefits or (b) thc period during which the sponsor retains ownership or pe~session of the property. 31. Di, p~ ot Laa~ a. For land purchased under a grant for aiq~ort noise compatibility purpoc~s, i~ will, when the rand is no longer needed for such purpo~s, dispo~ of sucli land at fair market value at the earliest praclicabl¢ time. T~at po~on of thc proceeds of such dislx~ition whicli is proportionate to tli¢ United States slmre of the co~ acquisition of such land will, at the dir, cr~tion of thc Secretary, (1) be paid to thc Secceta~ for deposit in the Trust Fund or (2) be reinvested in an approved noir~ compatibility project as prescribed by the Sec~tary. b. (1) For land purehasexl under a grant for airport development (otlicr than ~roise compatibility) purpo~, it will, when the land is no longer needed for airport purpo~s, dislx~ of sucli laml at fair market valuc or make available to the Secretary an amoum equal to the United States proportionate sliar¢ of the fair market value of thc land. That portion of thc proce~eds of such disposition vnMch is proportionate to thc United States slia~ of the cest of acquisition of such land, will, (a) upon application to thc Secretary, be ~invested in another eligible airport improvement project or projects approval by the Sec~ta~ at that airport or within the national airport system, or (b) be paid to thc Secretary for delx~it in thc Trust Fund if no such eligible project exists. (2) Land shall be considered to be ncexled for airport pu~ under this ~ssurance ff (a) it may be ne. ede~ for aeronantical tmrpoc~s (including runway protection zone) or s~rv~ as ~oir~ buffer lan~ and ~o) thc r~r~nu¢ from interim uses of sucli land contributes to the financial self-anfficiancy of the airport~ Further, land purcimr, ed with a grant received by an airport operator or o~nnr before December 31, 1987, will be considered to be ne.~le~l for ai~ort purposes ff thc Secretary or tli¢ Federal agency making such grant before December 1, 1~g7, wns notified by thc operator or owner of the use of such land, did not object to such use, ~Lnd thc land continues to be used for tlxat purposu, sueli use liaving commenced not later than December 13, 1989. c. Dislx~ition of sucli land under (a) or (b) will b~ subject to tl~ retention or re~rvarion of any interest or right tlicrein necessary to ensure that sucli land will only be used for purposes ~nich are compat~l¢ witli noise levels associated with the operation of thc airport. 32. I~a~im~iag ~l Design ~ It will award each contract, or subcontract fcx program management, construction management, planning studie*, feasibility studies, architectural services, preliminary angineering, design, anginesring, su~ying, mapping~ or related services with respect to thc project in the same manner as a contract for archite~ural and engineering services is negotiated under Title IX of the Federal Property and Administrative S~rvices ACt of 1949 or an ~quivalant qualifications-based requirement preseribe, d for or by the sponsor of tli¢ airport. 33. Igore~a Marlm~ ~ It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during thc period in which each foreign country is listed by thc United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policim, ~ ~ml Sl~ifimfim~ It will can3t out tli¢ project in accordance with policies, standards, and gpeeifications approved by the S¢creta~ including but not limited to the advisory circulars lisled in thc 'Curr~nt FAA Advisory Circulars for AIP Projects, dated ~ 29, 1991, and included in this grant, and in aceord~mce with applicable atat¢ policies, standards, and specifications approved by the Seo'etary. 35. Rr~io~'~tln~ ~ R~I Pmpe~r ~ (1) It will be guided in acquiring real property, to thc greatest extent practicabte under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and ~ pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It ~ provide a relocatic~n assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assist~mce to displaced persons ns required in Subpar~s D and E of 49 CFR Part 24. (3) It will make available witliin a rear~nabl¢ period of time prior to displacement comparable replacement dv~llings to displaced persons in accordance with Subpart E of 49 CFK Past 24. 36~ Drug-Fre~ Workpluc~ It will provide a drug-free v~rkplace at the site of work specified in the grant application in accordance witli 49 CFR Part 29 by (1) publishing a statement notifying its cm,.ployees tliat the unlawful manufacture, distribution, dispensing~ possession or use of a controlled substance is prolfihit~l in the sponsor's workplace and specifying thc actions that will be taken against its employees for violation of such prolfihition: (2) establishing a drug-free awareness program to inform its employees about thc dangers of drug ahns~ in thc workplace and any available drug counseling rehabilitation, and employees assista.n? p _r~grams.: (3). notifying.thc. FAA with. il~?a.da~ ~.t. er r~..¢iving no~i~.~o~f e~o employee criminal drug statute conmct~oa for a molat~on oceumng m thc wor~pmce, uno ~.'L~ ma~ang a gooo ~aSm e rt to maintain a llrug-fre¢ workplace. Airport Assurances (7-91) Page 7 of 9 PP-A-1 CURRENT FAA ADVISORY CIRCULARS POR AlP PR~ I~/fcctiv~ Date~ July 29, 1~1 70/7~1G Obst~ction Marking and Li~ting 150/51~14B ~hit~tu~l, ~fin~ ~d Planning ~ul~nt ~ for ~ G~nt P~j~ CHG 1 150/5~ ~ W~tcr ~e~ ~d ~tio~ CHG 1 & 2 150/521~5B Pa~t~ M~g and ~ting of Ve~cl~ U~ on an 150/521~ ~ ~ ~d ~e ~mmu~tio~ 150/521~14 ~ ~ ~d R~e Pe~el Pmt~ ~ot~g 150/521~ ~ ~e ~d ~fi~g Station Bu~d~g ~i~ 150/5~A Water Su~ly S~te~ for ~t ~ and ~e ~t~ion 150/5~10 Guide S~fi~tion for WaterCom T~ ~ft ~g and ~e Tmc~ ~G I & 2 150/5~11 ~ Sn~l~r S~tion Gui~ 1~/5~12 ~a Sn~r ~fi~n G~de 150/5~1~ Run~y Suda~ ~ndifi~ ~r S~ G~de 150/5~14A ~ ~ ~d R~e Veh~ S~fioa 150/522~ Build~ for Stom~ and ~te~ of ~ Sn~ ~m~ ~d I~ ~ntml ~uipmea~ A Guide 150/52~16 Automat~ W~ther O~g S~e~ for Non-F~e~ A~tio~ 150/52~17 ~i~ S~ for ~ ~e ~-fi~t~g T~ining Fa~Hti~ ~50/5~3 ~ ~i~ 150/53~5B ~ D~a~ 150/53~ ~ P~ment ~i~ and ~l~fion CHG 1 & 2 ~50/53~1~ M~ugment, ~tm~ion, and M~ntenan~ of S~d ~g~t ~ P~men~ S~a~ 150/53~14 ~ ~n~ping for No~ ~n~l 150/53~A Run~y len~h ~u~men~ for ~ ~i~ CHG 1 150/5~1F ~g of P~ ~ on 150/5~ ~mllafion ~mig for Ruby ~nte~e To~hd~ ~ne ~gh~g S~te~ CHG 1 & 2 150/5~5B ~ent~ Civic ~R Ma~er S~tem CHG 1 150/5~14B ~nomy A~ch ~t~g ~ CHG 1 & 2 150/5~1~ Standby P~r for Non-F~ ~ D~ting S~te~ 150/5~18C S~ for ~ Si~ S~te~ 150/5~19 T~y ~nte~ine ~g S~tem 150/5~21 ~ M~Han~ Li~ting Vg~l 150/5~B Su~lemen~ W~d ~n~ 150/5~ Run~y and T~y ~ Li~ting S~tem CItG 1 150/5~27A ~r-T~Gmund ~dio ~nt~l of ~ Li~t~g S~te~ 150/5M~3D S~tion for ~21 Paneg for ~mote ~ntml of ~ ~ting 150/5~5A Ci~it ~l~or S~tch 150/5~5-~ S~tion for ~ Unde~und ~fi~ ~ble for ~tt ~ting Claim CHG 1 150/5M~10E S~tion for ~mnt ~nt ~lato~ ~tor M~tom 150/5M~12C S~fion for ~R and Heli~ ~n 150/5M~1~ S~fi~tion for ~1 A~i~ Relay ~b~et ~mb~ for Pgot ~n~l of ~ ~t~g C~i~ 150/5~B S~tio~ for ~ Plug and R~pmcle, ~ble CHG 1 & 2 150/5M~27C S~tion for Wind ~n~ ~mbli~ 150/5M~D P~ion A~ch Path Indictor ~I) S~te~ 150/5M~39B F~ S~tion ~3, Run~y and T~y ~nte~e ~tK,fl~ Ma~e~ CHG 1 150/5M5~2C S~fi~tion for ~ Li~t ~, Tin.foyer Ho~in~, Jun~ion ~x~ ~d 150/5~5M3D S~tion for O~tm~ion ~tMg ~uipment 150/5M5~D S~fi~tion for T~y ~d Ruby Si~ 150/5~5~5A D~i~t A~ch ~t St~ 150/5~5~ S~fi~tion for Run~y ~d T~y Li~t 150/5M~7A ~lation T~fo~e~ for ~ D~g S~te~ 150/5~9A S~fi~fion ~, ~dio ~ntml ~uipment 150/5M~ S~fion for Po~ble Run~y ~G 1 150/5M~51 S~tion for D~ha~-T~ ~her ~uipment CHG 1 150/5M~52 Gene~c V~ G~d~o~ ~di~tom (GVGD 150/5~9 p~g ~d ~i~ of ~R Te~ Fa~fi~ at Non-Hub ~om 150/5~12 ~R Si~iag and Gmph~ 150/5~13 p~g and ~i~ Gui~n~ for ~R Te~inal Fa~ti~ at Non-Hub ~tio~ 150/53~2C ~mtion~ ~e~ on ~ Du~ ~ion ~n ~umn~ (7-91) P~ 8 of 9 PP-A-I ~ FAA ADVISORY CIRCUI.ARS FOR AW PROJECI~ 150/5370-6B ~t~ion P~ and l~ion ~-~ G~nt P~m 1~/53~10A S~n~ for S~ng ~tm~ion of 1~/53~11 U~ of Nond~t~ T~ting ~ in the Emt~tion of ~ P~men~ CHG 1 150/53~12 ~ ~ of ~on for ~ G~ni P~j~ 150/53~2 Heli~n ~i~ 1~/53~3 Ve~i~ ~i~ Airport A~urance. s (7~91) Page 9 of 9 PP-A-1 e:wpdocs\tobacco.res A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING SMOKING AND THE USE OF SMOKELESS TOBACCO PRODUCTS BY CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, The City of Denton, Texas is concerned for the health and well-being of its employees, both tobacco users and nonusers; and WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consid- eration; and WHEREAS, the City Council, upon the recommendation of the City Manager, desires to adopt such policy as an official policy regarding employment with the city; NOW, ~?HEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That City of Denton Policings, numbered 108.03A and 108.03B attached hereto and incorporated by reference herein, are hereby approved as official policies of the City of Denton, Texas, and replace former policy 108.03. SECTION II. That the foregoing policy is attached hereto and make a part hereof and shall be filed in the official records with the City Secretary. SECTION III. That 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 this resolution shall become effective on June 1, 1992. PASSED AND APPROVED this the /~day of ~, 1992. Attachment A CITY OF DENTON PAGE 1 OF 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTI~: REFERENCE NUMBER: PERSONNEL/EMPLOYEE RELATIONS 108.03A SUBJECT: EFFECTIVE DATE: STANDARDS OF CONDUCT 06/01/92 TITLE: REPLACES: SMOKE-FREE WORKPLACE 108.03 I. POLICY STATEMENT: The City of Denton desires to conduct its operations with the utmost regard for the safety of its employees, its customers, and the public. One of the most valuable assets of the City of Denton is its employee workforce. In recognition of that belief, the City promotes the health, safety, and well-being of each individual through progressive health and benefit programs. Because the City's obligation includes concern for all employees in all areas of known hazards; and because environmental tobacco smoke is a carcinogen shown to cause disease, including cancer, in healthy non-smokers, as well as aggravate allergic reactions including watery eyes, coughing and headaches in susceptible individuals, all of which lead to impaired performance and increased health care costs; it is therefore the policy of the City of Denton to limit use of smoking tobacco products to certain areas designated by the City Manager as outlined in Administrative Directive. II. DEFINITIONS "Municipal Facility" means any building or structure owned or operated by the City of Denton. "Open air vehicle" means any vehicle owned or operated by the City of Denton which, by its design, is incapable of isolating passengers from the free flow of outside air. "Smoking" means the combustion of any product or material containing tobacco. "Vehicle" means any car, truck, bus, or van owned or operated by the City of Denton, used for conveying persons, supplies, equipment, etc. III. ADMINISTRATIVE DIRECTIVE A. The use of tobacco products is prohibited within any municipal facility of the City of Denton with the following exceptions: 1. Suspects and witnesses may smoke in designated areas of the Police Department during interviews and interrogations. Employees may not smoke in these areas at any time. 2. Smoking is permitted in a designated area of the jail. 3. Employees may smoke outdoors during their normal break periods and at meal periods. PAGE 2 OF 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: I REFERENCE NUMBER: SMOKE-FREE WORKPLACEI 108.03A B. The use of tobacco products is prohibited, in City of Denton vehicles unless permission is expressly obtained in advance from all passengers. C. The Superintendent of Building Operations ~hall conspicuously place "No Smoking" signs at the main entrance of all municipal facilities, and shall additionally place signs designating authorized smoking areas in the Police Department. D. Employees will be allowed to smoke outside the facilities during their normal break period and lunch. E. Any employee who smokes or otherwise uses tobacco products in violation of this policy is subject to disciplinary action as outlined in Policy 109.01 Disciplinary Action. F. City employees who experience performance or personal difficulties while overcoming a nicotine addiction may seek help through the City's health insurance program or Employee Assistance Program (EAP), outlined in Policy 107.10 Employee Assistance Proqram. Interested employees or supervisors may contact a representative of the Personnel/Employee Relations Department for assistance. AAAO0101 CITY OF DENTON PAGE 1OF 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: REFF. RENCE NUMBLY.: PERSONNEL/EMPLOYEE RELATIONS 108. 038 SUBJEL-~: EFFF-~'I'1%rE DATE: STANDARDS OF CONDUCT 06/01/92 TITLE: REPLACe: USE OF SMOKELESS TOBACCO PRODUCTS 108.03 I. POLICY STATEMENT: The use of smokeless tobacco is offensive to many people, citizens and co- workers alike. A work environment in which employees are allowed to use smokeless tobacco products promotes an image which many regard as unsanitary and unprofessional. It is therefore the policy of the City of Denton, Texas to permit the use of smokeless tobacco product~ by City employees only in areas designated by the City Manager to minimize tlae possibility that others will be offended by an employee's use of these products. II. DEFINITIONS "Smokeless Tobacco Products" means any product or preparation containing tobacco, including chewing tobacco, snuff, and smokeless tobacco, but not including cigarettes, cigars, or pipe tobacco. III. ADMINISTRATIVE DIRECTIVE A. Prohibited Areas 1. The use of smokeless tobacco products is prohibited in the following designated areas of municipal facilities: a. Ail office environments. b. Enclosed work facilities. c. Areas where sanitation is a problem or concern, as designated by the area supervisor. B. Permitted areas. 1. In areas of municipal facilities where the use of smokeless tobacco products is not otherwise prohibited, the preference of the people in the area shall dictate whether such use i:~ permitted in that area. 2. Notwithstanding the designation of any permitted area, an employee shall not use smokeless tobacco products unless he or she has first asked for and obtained the unanimous consent of all persons in that area. C. An employee shall responsibly dispose of all waste products generated by his or her use of smokeless tobacco products. Notwithstanding any other provision of this policy allowing the use of smokeless tobacco products, a supervisor may prohibit the use of smokeless tobacco products in any area where employees fail to responsibly dispcse of waste products generated by the use of smokeless tobacco products. PAG]~ 2 OF 2 POLICY/ADMINISTrATIVE PROCEDURE/ADMINISTRaTIVE DIRECTIVE (Continued) I USE OF SMOKELESS TOBACCO PRODUCTS 108.03B D. Any employee who uses tobacco products in violation of this policy or its directives during working hours or while upon any municipal facility is subject to disciplinary action as outlined in Policy 109.01 Disciplinary Action. E. City employees who experience performance or personal difficulties while breaking a nicotine addiction may seek help through the City's health insurance program or Employee Assistance Program (EAP), as outlined in Policy 107.10 Employee Assistance Proqram. Interested employees or supervisors may contact a representative of the Personnel/Employee Relations Department for assistance. IV. ADMINISTRATIVE PROCEDURE Supervisors are responsible for communicating this policy to, and enforcing the policy upon, their subordinates. The preference of any person offended by the use of smokeless tobacco products shall be considered controlling if a mutual agreement cannot be reached. Any employee who has a problem, complaint, or concern with the enforcement of this polic~ and directive is encouraged to utilize the procedures outlined in Policy 11!5.02 "Problem Solving". AAA0028C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON APPROVING THE GTE SOUTHWEST EXTENDED AREA SERVICE FOR THE DENTON EXCHANGE AND AUTHORIZING THE HAYOR TO SIGN ALI, NECESSARY DOCUME~TS WHEREAS, GTE Southwest Incorporated i)rovides local exchange service to the Argyle~ Bartonvllle, Justin and Denton exchanges and Is seeking to enhance the telephone communications capabilities of the citizenl of Denton by providing extend,~d area service; and WHEREAS, each of these exchanges ie seeking approval from the Public Utility Comaislion of Texas for extended area service to each other and the Dallas-Fort worc,~ ~etroplex area~ and WHEREAS, the City Council approved tee concept of extended area service for the Denton exchange at C~e City Council #ork- SelliOn of JanuaL~, 7, 1992; NOW, THEREFORE,. THE COUNCIl, OF THE CITY OF DENTON HEREBY RESOI,VES: ~.~T~J~__~. That the City Council hl~reb¥ approves the GTE Extended Area Service concept. ~(~J~. That the Na¥or ia au~horized to sign all necee- mary doculente establishing Extended Area J~ervice as an optional service for the citizens of Denton. PASSED AND APPROVED this the/~a¥ of ~, 1992. BOB CAST2 ATTEST JENNIFER WAI,TERS~ CITY SECRETARY BY 1~ AP~VED AS TO LEGAL FORM: DEBXA A. DRAYOVITCH, CITY ATTORNEY BY: DOCKET NO. 10016 AND PROJECT NO~ 10029 PETITION OF THE ARGYLE EXCHANGE FOR EXTENDED AREA SERVICE PUBLIC UTILITY PETITION OF THE BARTONVILLE EXCHANGE FOR EXTENDED AREA SERVICE § COMMISSION PETITION OF THE JUSTIN EXCHANGE FOR EXTENDED AREA SERVICE § OF TEXAS PETITION OF THE DENTON EXCHANGE FOR EXTENDED AREA SERVICE JOINT AGREEMENT OF ~?HE PARTIES WHEREAS, GTE Southwest Incorporated ("GTE-SW") provides local exchange service tc the Argyle, Bartonville, Justin and Denton exchanges. Each of these exchanges seek approval from the Public Utility Commission of Texas ("Commission") for extended area service ("EAS") to each other and to each exchange listed below. Pursuant to the terms of this Joint Agreement, and if approved by the Commission, flat rate two-way EAS will be provided between these exchanges each of which is served by GTE-SW. WHEREAS, the Argyle exchange is represented by the Honorable Yvonne Jenkins, Mayor of 'the City of Argyle. Mayor Jenkins has been jointly designated to serve as the Argyle representative by the governing officials of all incorporated areas within that exchange and by the County Commission representing the unincorporated areas in that exchange. JOINT AGREEMENT OF THE PARTIES - Page 1 WHEREAS, the Bartonville ,~xchange is represented by The Honorable Tom Ott, Mayor of Bartonville. Mr. Ott has been jointly designated to serve as the Bartonville representative by the governing officials of all incorporated areas within that exchange and by the County Commission representing the unincorporated areas in that exchange. WHEREAS, the Justin exchange is represented by The Honorable Virgil Eaves, Mayor of Justin. Mr. Eaves has been jointly designated to serve as the Justin representative by the governing officials of all incorporated areas within that exchange and by the County Co~aission representing the unincorporated areas in that exchange. WHEREAS, the Denton exchange is represented by The Honorable Bob Castleberry, Mayor of Denton. Mr. Castleberry has been jointly designated to serve as the Denton representative by the governing officials of all incorporated areas within that exchange and by the County Co~,ission representing the unincorporated areas in that exchange. WHEREAS, GTE proposes to provide two way flat rate service to each other and to the following GTE exchanges: D/FW Airport Garland Grapevine Irving Keller Lewisville Plano Rowlett Wylie Carrollton JOINT AGREEMENT OF THE PARTIES - Page 2 WHEREAS, the parties to t~ais Joint Agreement have met and agree that the long term economic and social interest of the communities will be served by the provision of an optional EAS plan; and WHEREAS, the parties agree to the rate design as specified herein and to the other terms of the Joint Agreement and agree to seek approval of this Joint Agreement from the Commission. NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWS: 1. GTE-SW will implement two-way flat rate EAS between each petitioning exchange and each of the exchanges mentioned above. 2. GTE-SW will use its best efforts to implement this service as soon as possible, but no later than 12 months after an order approving the Joint Agreement is entered by the Commission in this docket. 3. The rate additives for this service,~ are as follows: ~ This service will not be available to Coin Telephones, Customer owned coin-operated telephones ("COCOTS"), resellers or party line customers. It will also not be available on an FX basis. JOINT AGREEMENT OF THE PARTIES - Pag.e 3 Rate Class of Service Additive R-1 $22.50 $52.50 Key, PBX trunk and CentraNet (per network access) $52.50 4. The above-referenced additives will be charged to Argyle, Bartonville, Justin and Denton subscribers and are in addition to current rates for local exchange service and existing EAS service. 5. The proposed rates referenced above will recover the cost of providing the service including a contribution to joint costs as required by Commission Substantive Rule §23.49. 6. All parties recognize that the Commission may, upon proper notice in a docketed proceeding~ change the rates for any utility services, including the EAS rate discussed above. 7. Any customers choosing to subscribe to this service will be required to change their telephone number. 8. Notice will be provided pursuant to Commission Substantive Rule §23.49(h). The parties request that the Commission publish notice of the fil]Lng of this Joint Agreement in the Texas Register and provide notice of the filing of this Joint Agreement to the Office of Public Utility Counsel. JOINT AGREEMENT OF THE PARTIES - Page 4 9. Pursuant to Commission Substantive Rule ~23o49(i)(3)(I), this joint filing shall be handled administratively if intervenor status is not requested within 60 days of notice. If an intervention is filed and granted, or if the Commission Staff so requests, the parties understand that the Joint Agreement will be docketed for hearing and final order. The parties also understand that any party to this Joint Agreement may withdraw the filing of this Joint Agreement without prejudice at any time prior to the rendition of a final order by the Commission. The parties' additionally understand that any alteration or modification of the Joint Agreement by the Commission may be made only upon the agreement of all parties in the docket. 10. Attached to this Joint Petition are the proposed tariff sheets which allow the provision of this service, and a resolution from the Commissioner's Court for Denton County. 11. The parties respectfully request the Commission Staff to process this Joint Petition in accordance with Substantive Rule ~23.49(i). JOINT AGREEMENT OF THE PARTIES - Page 5 T~ Honorable ~vodne Jenkins, Mayor of City ~f/Argyle, on b~half of the City of Argyle and the unincorporated areas of the Argyle Exchange BARTONVILLE~ Th~VHo~ble Tom Ott, Mayor of City of_ Bartonville, on behalf of the City of Bartonville and the unincorporated areas of the Bartonville Exchange BY: T~H~a~ble Virgil Eaves, Mayor of City of Justin, on behalf of the City of Justin and the unincorporated areas of the Justin Exchange DENTON EXCHANGE By: of Denton° on behalf of the Clty of Denton Th~~ry~ ~[ayor of City and the unincorporated areas of the Denton Exchange / GTE SOUTHWEST INCORPORATED By: Oscar Gomez, Area Vice-President, Regulatory and Governmental Affairs, GTE Southwest Incorporated JOINT AGREEMENT OF THE PARTIES -, Page 6 Copper Canyon is an indice within the Bar~onville exchange. The Mayor of Copper has also signed. - See Addendum A RESOLUTION OF DENTON COUNTY FOR DESIGNATION AND APPOINT- PROCEEDING BEFORE THE MENT OF ARGYLE~ BARTONVILLE, AND JUSTIN EXCH~NGE COMMISSIONERS COURT OF REPRESENTATIVES FOR PETITION FOR EXTENDED AREA SERVICE DENTON COUNTY TO DENTON EXCHANGE WHERAS, it has been determined by the Denton County Com/nissioner's Court that the establishment of an Extended Area Service ("EAS") from the Argyle, Bartonville, Justin, and Denton exchange to several other exchanges in the area would be of great benefit to the Denton County citizens who reside in these exchanges. WHERAS, the Substantive Rules of the Public Utility Commission of Texas ("Commission") requires the the County of Denton, Texas to designate representatives for the unincorporated areas of the Argyle, Bartonville, Justin, and Denton exchanges in proceedings before the Commission with respect to a joint petition for two-way EAS telephone service. NOW THEREFORE, BE IT RESOLVED, THAT COMMISSIONERS' COURT OF DENTON COUNTY, TEXAS: hereby designates The Honorable Ywonne Jenkins, Mayor of Argyle, to represent the county in proceedings regarding a joint petition filed with the Commission for two-way EAS telephone service from the Argyle ~exchange providing for the establishment of EAS as an optional service and to execute such a joint petition as the county's designated representative. hereby designates The Honorable Tom Ott, Mayor of Bartonville, to represent the county in proceedings regarding a joint petition filed with the Commission for two-way EAS telephone service from the Bartonville exchange providing for the establishment of EAS as an optional service and to execute such a joint petition as the county's designated representative. hereby designates The Honorable Virgil Eaves, Mayor of Justin, to represent the county in proceedings regarding a joint petition filed with the Commission for two-way EAS telephone service from the Justin exchange providing for the establishment of EAS as an optional service and to execute such a joint petition as the county's designated representative. hereby designates The Honorable Bob Castleberry, Mayor of Denton, to represent the county in proceedings regarding a joint petition filed with the Commission for two-way EAS telephone service from the Denton exchange providing for the establishment of EAS as an optional service and to execute such a joint petition as the county's designated ~epresentative. ALL00169 R .SO',OTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION ADMINISTRATION FOR LAND AT THE DENTON MUNICIPAL AIRPORT FOR THE ERECTION OF A MARKER FOR THE INSTRUMENT LANDING SYSTEM FOR RUNWAY 17; AND PRO- VIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized to execute a lease between the City of Denton and the Federal Aviation Administration for 0.7 acres at the Denton Municipal Airport for the erection of a marker for the instrument landing system for Runway 17, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this Resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the /~day of ~, 1992. BOB CASTLE:BERRY, MAY7 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRA¥OVITCH, CITY ATTORNEY U.S~ DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Southwest Region Fort Worth, TX 76193-0056 Lease No.: DTFA07-93-L-01020 Outer Marker Site, Runway 17 Municipal Airport Denton, Texas LEASE between CItY OF DENTON, TEDOkS and THE UNITED STATES OF AMERICA This LEASE, made and entered into this day of in the year one thousand nine hundred and ninety-two, by and between the CITY OF DENTON, whose address is Office of City Manager, Municipal Building, Denton, Texas 76201, for~itself, its successors and assigns, hereinafter called the Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenann and agree as follows: 1. For the term beginning October 1, 1992, and ending September 30, 1993, the Lessor hereby leases to the Government the following described property, hereinafter called the premises, VIZ: All that certain lot, tract or parcel of land lying; and b~ing-situated in the City and County of Denton, State of Texas, and being part of the J. Pearson Survey, Abst. No. 1049, and being part of a tract of land as conveyed from Charles J. Cutler, et al to May Barbara Dixon by deed dated October 3, 1936, and recorded in Volume 261, Page 84 of the Deed Records of Denton County, Texas, and more particularly described as follows: Beginning at the NW corner of said Dixon Tract, said POINT OF BEGINNING also being the intersection of Ganzer Road and Barthold Road; thence East along the North boundary line of said Dixon Tract, same being the centerline of Ganzer Road, a distance of 120 feet to a point for a corner; thence South a distance of 254 feet to a point for a corner; thence West a distance of 120 feet'to a point for a corner in the West boundary line of said Dixon Tract; thence North along the West boundary line of said Dixon Tract, same being the centerline of Barthold Road, a distancE~ of 254 feet to the PLACE OF BEGINNING and containing approximately 0.7 acre of land, more or less, as more particularly sho~rn on Drawing SW-D-8983-4, attached hereto and made a part hereof. a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights-of-way for establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitu~te a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. c. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the ~,remises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, add£tions, structures, or signs. 2. RENEWAL OPTION: This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's options shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days' written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED that no renewai, shall extend this lease beyond the 30th day of September 2007. 3. RENT: The Government shall pay no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligation assumed by the Government in its establishment, operation, and maintenance of the facilities upon the premises hereby leased. 4. CANCELLATION: The Government may terminate this lease at a:~y time by giving at least thirty (30) days' notice in writing to the Lessor. Said notice shall be sent by certified or registered mail. Lease No. DTFA07-93-L-01020 Outer Marker Site, Runway 17 Municipal Airport Denton, Texas 5. DISPUTES: a. This lease is subject to the Contract Di~;putes Act of 1978 (Public Law 95-563). b. Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. c. (1) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment, or interpretation of lease terms, or other relief, arising under or relating to this lease. (2) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it pay be converted to a claim pursuant to the Act. (3) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. d. For Lessor claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim is made in good faith, the supporting data are accurate and complete to the best of the Lessor's knowledge and belief; and the amount requested accurately reflects the lease adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be executed by a senior company official in charge at the Lessor plant or location involved, or by an officer or general partner of the Lessor having overall responsibility for the conduct of the Lessor~s affairs. e. For L~ssor claims of $50,000 or less, the Contracting Officer must render a decision within 60 days. For Lessor claims in excess of $50,000, the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when tb~e decision will be made. f. The Contracting Officer's decision shall, be final unless the Lessor appeals or files a suit as provided in the Act. Lease No. DTFA07-93-L-01020 Oute~: Marker Site, Runway 17 Municipal Airport Denton, Texas g. The authority of the Contracting Office~: under the Act does not extend to claims or disputes which by statute or regulation other agencies of the Executive Branch of the Federal Government are expressly authorized to decide. h. Interest on the amount found due on a Lessor claim shall be paid from the date the claim is received by the Contracting Officer until the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (10%) per annum on the basis of a 365- or 366-day year, whichever applies. i. Except as the parties may otherwise agr~e, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease and its terms in accordance with the Contracting Officer's decision. 6. OFFICIALS NOT TO BENEFIT: No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit that may arise therefrom; but this provision shall not be cons~zrued to extend to this lease if made with a corporation for its general benefit. 7. LESSOR WARRANTY: The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona fide employees or bona fide established commercial o~c selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability, or in its discretion to deduct from amounts otherwise due under this lease or other consideration, the full amount of such commission, brokerage, percentage, or contingent fee. 8. CHANGE OF ADDRESS: Any change in the Lessor's address should be made known to the Federal Aviation Administration promptly. Lease No. DTFAO7-93-L-01020 Outer Marker Site, Runway 17 Municipal Airport Denton, Texas 9. FUNDING RESPONSIBILITY CLASS I - II FACILITIES: The airport owner agrees that any relocation, replacement, or modification of any Federal Aviation Administration Class I and Class II facilities, or components thereof, as defined below, covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which impair or interrupt the technical and/or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Government. CLASS I FACILITIES Remote Transmitters/Receiver (Tower) Visual Landing Aids Airport Traffic Control Towers Direction Finding Equipment Airport Surveillance Radars VORts, TVORts, and VORTAC~s Airport Surface Detection Equipment (Instrument Approach) Precision Approach Radar Weather Observing and Measuring Equip. ILS and Components (Owned and operated by FAA) ALS and Components Central Standby Powerplants Flight Service Stations CLASS II FACILITIES Long Range Radar VOR and VORTAC (en route only) Air ROUte Traffic Control Canters Flight Service Station Remote Control Air-Ground Remote Communications Outlet Communication Facility Limited Remote Communications Outlet Other En Route Facilities 10. NON-RESTORATION: It is hereby agreed between~the parties that upon termination of its occupancy the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. Lease No. DTFA07-93-L-01020 Outer Marker Site, Runway 17 Municipal Airport Denton, Texas 11. NOTICES: Ail notices sent to the parties under the lease shall be addressed as follows: To the Lessor: City of Denton, Office of City Manager, Municipal Building, Denton, Texas 76201 To the Government: Department of Transportation, Federal Aviation Administration, Southwest Region, ATTN: ASW-56, Fort Worth, TX 76193-0056 IN WITNESS WHEREOF, the parties hereto have unto subscribed their names as of the date first above written. CITY OF DENTON, TEXAS Title: THE UNITED STATES OF AMERICA Beverl~ ~. Mayes 0 Title: Contracting Officer Lease No. DTFAO7-93-L-01020 Outer Marker Site, Runway 17 Municipal Airport Denton, Texas CORPORATE CERTIFICATE I, , certify that I am the of the Corporation named in the foregoing agreement, who signed said agreement on behalf of said corporation, was then thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this //~ day of ~~~_ , 19 .~. Signed by~~ CORPORATE SEAL AAA0046F RESOLUTION NO. ~ ~ A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, such as the city of Denton, including the provision by it of the local share of the project costs in the program; WHEREAS, the U.S. Department of Transportation requires, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title VI of the civil Rights Act of 1964 and the Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that minority business enterprises be utilized to the fullest extent possible in connec- tion with this project, and that definite procedures shall be established and administered to ensure that minority businesses shall have maximum construction contracts, supplies, equipment con- tracts, or consultant and other services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is authorized to execute and file an application on behalf of the city of Denton, Texas, with the U.S. Department of Transportation to aid in the financing of planning, capital and operating assistance projects pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. SECTION II. That the city Manager is authorized to execute and file with such applications an assurance o~ any other document re- quired by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. SECTION III. That the City Manager or his designee is authorized to furnish such additional information as the U. S. Department of Transportation may require in connection with the application for the program of projects and budget. SECTION IV. That 'the city Manager is authorized to set forth and execute affirmative minority business policies in connection with the program of projects and budgets procurement needs for transportation, including the adoption of a policy similar to that adopted by the City Council in Resolution 92-007. SECTION V. That the City Manager is. authorized to execute grant agreements on behalf of the City of Denton, Texas with the U. S. Department of Transportation for aid in the financing of the planning, capital and operating assistance program of projects and budget. SECTION VI. That this resolution shall become effective immediately upon its passage and ~al.! PASSED AND APPROVED this the//' day of /~~, 1992. BOB~BE~y, A~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAl, FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 CERTIFICATION The undersigned duly qualified and acting City Secretary of the City of Denton, Texas certifies that the foregoing is a true and correct copy of a resolution, adopted at a legally convened meeting of the City Council of the City of Denton, Texas held on the /~ ~ ~ ,1992. If applicant has an official seal, im~ress here. of Recording Officer tary D~te AAA0055D ESOLUT ON NO. A RESOLUTION TEMPORARILY CLOSING AVENUE E, FROM EAGLE DRIVE TO PRAIRIE STREET, HIGHLAND STREET, FROM AVENUE E TO AVENUE C; AND AVENUE D, FROM MAPLE STREET TO HIGHLAND STREET ON APRIL 11, 1992; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Lori Johnson, representing the Delta Sigma Theta Sorority, is requesting that the following streets be temporarily closed to public vehicular traffic between the hours of 5:00 p.m. and 10:00 p.m. on April 11, 1992, for the purpose of having a Greek Show: 1. Avenue E, from its intersection with Eagle Drive to its intersection with West Prairie Street; 2. Avenue D, from its intersection %~ith Maple Street to its intersection with Highland Street; 3. Highland Street, from its intersection with Avenue E to its intersection with Avenue C; WHEREAS, Lori Johnson, representing the Delta Sigma Theta Sorority, has assured the City that the abutting property owners in this area will not be denied access to thei:c properties as a result of the temporary closing of these roads; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the following public streets within the corporate limits be temporarily closed to public vehicular traffic between the hours of 5:00 p.m. and 10:00 p.m. on April 11, 1992: 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. Highland Street, from its intersection with Avenue E 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 5:00 p.m. and to have the same removed at 10:00 p.m. on said date. PASSED AND APPROVED this the//~ day of ~~-~ , 1992. I,,9 ~ ,~ ~ ~-/ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: DEBR~ A. DRAYOVITCH, ATTORNEY GENERAL PAGE 2 e:wpdocs\cong.r A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY 15, 1992; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Eleanor Ismert, representing the Calhoun Junior High School Parent Teachers Association, is requesting that Congress Street, from its intersection with Denton Street to its intersec- tion with Alice 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 3:00 p.m. to 6:30 p.m. on May 15, 1992, for the purpose of having the annual Cougar Days fundraising event; and WHEREAS, Eleanor Ismert, representing 'the Calhoun Junior High School Parent Teachers Association, has assured the City that the property owners in this area have agreed to the temporary closing of this road; 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 necessary to temporarily close a portion of Congress Street between Alice Street and Denton Street form the hours of 3:00 p.m. until 6:30 p.m. on Friday, May 15, 1992; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Congress Street, from its intersection with Denton Street to its intersection with Alice Street, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 3:00 p.m. to 6:30 p.m. on May 15, 1992, for the purpcse of having the Cougar Days fundraising event. SECTION II. That the city Manager shall direct the appropriate city Department to erect barricades on Ccngress Street from the intersection of Denton Street to its intersection with Alice Street, at 3:00 p.m. and to have the same removed at 6:30 p.m. on said date. SECTION III. That this resolution shall become effective immediately upon its passage and approval. BOB CASTLEBERRY, ~/ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED A O LEGAL FO~: DEB~ A. D~YOVITCH, CITY ATTORNEY PAGE 2 e:wpdocs\unionpac.r RESOLUTION NO. ~'~/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO SIGN A PETITION REQUESTING A CERTIFICATE OF INTERIM USE FROM THE INTERSTATE COMMERCE COMMISSION FOR UNION PACIFIC RIGHT-OF-WAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Union Pacific Railroad has filed a petition with the Interstate Commerce Commission requesting permission to abandon a portion of its Denton Branch railroad; and WHEREAS, the City of Denton has an interest in preserving the railroad right-of-way under the provisions of the Federal Rails-to- Trails law as the preservation of that right-of-way will create potential future recreational opportunities for the citizens of Denton and North Central Texas; and WHEREAS, the Interstate Commerce Commission requires that the City petition for the issuance of a Certificate of Interim Use in order to prevent the abandonment of right-of-way; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Mayor is hereby authorized to sign a petition, a copy of which is attached kereto as Exhibit "A", requesting the Interstate Commerce Commission to issue a Certificate of Interim Use for the purposes of preserving the railroad right-of-way proposed for abandonment by the Union Pacific. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~f--day of /~--~, 1992. ATTEST: B JENNIFER WALTERS, CITY SECRETARY APPR~V~D'~TO LEGAL FORM: DEBRA/A. DRAYOVITCH, CITY ATTORNEY 'DITY of'DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-820C March 25, 1992 Mr. Sidney Strickland Secretary Interstate Commerce Commission 12th and Constitution Avenue, N.W. Washington, D.C. 20423 Dear Mr. Strickland: Attached is a Resolution of the City Council of Denton, Texas authorizing me to sign a petition requesting a Certificate of Interim Use for railroad right-of-way. We have been working with the Union Pacific Railroad for two years to preserve the Denton Branch, rail rig~t-of-way for future transportation purposes. The negotiation process has been fruitful and cooperative and we thank the railroad for their assistance. At this time, we are awaiting final lease agreement documents from Union Pacific for our review and approval. Please note that we are willing to assume full responsibility for the management of the railway, but that actual acceptance of that responsibility is subject to the final approval of an agreement by the Denton City Council with the Union Pacific. Again, let me emphasize the cooperation that the railroad has shown in this project. Railbanking the right-of-way and establishing an interim trail will be of great benefit to the citizens of Denton and the North Texas region. We are prepared to take whatever steps are necessary to protect the rail corridor and look forward to working with you to accomplish this. Please contact Jesus Nava, Assistant to the city Manager, if you have questions. He can be reached at (817) 566-8307. Sincerely, City Attorney's Office Union Pacific Railroad PETITION REQUESTING A CERTIFICATE OF' INTERIM USE FOR RAILROAD RIGHT-OF-WAY FROM THE U.S. INTERSTATE COMMERCE COMMISSION Mr. Sidney strickland Secretary Interstate Commerce Commission 12th and Constitution Avenue, N.W. Washington, D.C. 20423 Pursuant to 16 U.S.Co 1247(d), the City of Denton, Texas hereby files this petition to the proposed abandonment by the Missouri Pacific Railroad Company of its Denton Branch line from milepost 721.53 near Denton, Texas to milepost 729.5 near Coors, Texas. In order to establish interim trail use and railbanking under 16 U.S.C. 1247(d) and 49 CFR 1152.29, the City of Denton is willing to assume full responsibility for the management of, for any legal liability arising .out of the transfer or use of (unless the City is immune from liability~ in which case it need only indemnify the railroad against any potential liability), and for the payment of any and all taxes that may be levied or asses~sed against the right- of-way presently owned and operated by 'the Missouri Pacific Railroad Company. This responsibility will be assumed subject to approval, by the City Council, of a final agreement with the Missouri Pacific for use of the property. The property, known as the Denton Branch, extends from railroad milepost 721.53, near Denton, Texas, to railroad milepost 729.5 near Coors, Texas. The right-of-way is a line proposed for abandonment in Docket No. AB- 3 (Sub-No. 99X). A map of the property depicting the right-of-way is attached hereto. The city of Denton acknowledges the use of the right-of-way is subject to the City's continuing to meet its responsibilities as described above and that it is subject to possible future reconstruction and reactivation of the right-of-way for rail service. A copy of this statement is being served on the Missouri Pacific Railroad Company on the same date it is served on the Commission. CITY OF DENTON, TEXAS ALL00172 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON OPPOSING CONGRESSIONAL LEGISLATION THAT WOULD ALLOW BROADCASTERS TO CHARGE LOCAL CABLE OPERATORS A RETRANSMISSION FEE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the National Association of Broadcasters has proposed that Congress consider legislation permitting over the air broad- casters to charge local cable operators a retransmission fee; and WHEREAS, Senate Bill 12, the Cable Television Consumer Protection Act, passed by the Senate on January 27, 1992, contains provisions allowing for a retransmission fee; and WHEREAS, the House of Representatives is considering a re- transmission fee as a provision of its cable television legisla- tion; and WHEREAS, the ability of broadcasters to charge local cable operators a retransmission fee may result in increased basic service charges to subscribers; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That it be known that the City Council of the City of Denton, Texas, hereby opposes any Congressional legislation that would allow broadcasters to charge local cable operators a retrans- mission fee. SECTION II. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION III. That this resolution shall become effective immediately upon its passage and a~l. ~ PASSED AND APPROVED this the ! day of , 1992. JENNIFER WALTERS, CITY SECRETkRY ALL000D6 RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF DENTON FOR THE CONSTRUCTION OF IMPROVEMENTS TO COUNTRY CLUB ROAD FROM U.S. 377 TO FM 1830; AND DECLARING 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 construction of improvements to Country Club Road from U.S. 377 to FM 1830, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval~ PASSED AND APPROVED this the ~/ day of ~ , 1992. BOB CASTLEBERRY, MAY~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVE~D AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY THE STATE OF TEXAS ) ) COUNTY OF DENTON ) CITY/COUNTY INTERLOCAL AGREEMENT WHEREAS, the County of Denton, Texas, hereinafter called "County" and the City of Denton, Texas, hereinafter called "City", want to enter into an agreement for the reconstruction of Country Club Road from U. S. 377 to F.M. 1830 herein called bond project. WHEREAS, funds were identified in the 1991 Denton County Road Bond Program for this project (Country Club Road). WHEREAS, City requests County to allocate bond funds to finance bond project; and WHEREAS, the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the County Road and Bridge Act, Article 6702-1 V.A.C.S. provides: (a) The commissioners court of a county may expend county funds to finance the construction, improvement, maintenance, or repair of a street or alley located in the county within the limits of an incorporated city or town if the work on the street or alley is done with the consent and approval of tlne governing body of the city or town. CITY/COUNTY INTERLOCAL AGREEMENT DENTON/DENTON COUNTY - COUNTRY CLUB ROAD (b) The authority of the county to finance the construction, improvement, maintenance, or repair of the street or alley includes the authority to provide any necessary roadbed preparation or material, paving or other hard covering of the street or alley, curbing or guttering, or bridges or drainage facilities. (c) The construction, improvement, maintenance, or repair may be done or financed: (1) by the county through the ~[se of county equipment; provided, however, that a county acting under this subsection may not expend bond funds for the construction of new roads within the incorporated limits of a city or town unless such construction is specifically authorized in the election approving the issuance of such bonds regardless of the source of the funds used to acquire that equipment; (2) by an independent contractor with whom the county has contracted or by the county as an independent contractor with the city; or (3) by the city or town, with the city or town to be reimbursed by the county° NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by County and City upon and for the mutual consideration stated herein: CITY/COUNTY INTERLOCAI. AGIClhEMIgNT I)ENTON/I)F. NTON COUNTY - COUNTRY CLUB ROAI) 2 WITNESSETH: I. City hereby requests County to provide bond funds for the reconstruction of Country Club Road from U. S. 377 to F.M. 1830. II. City agrees to: Allow County to reconstruct the bond project within the city's limits. I~I. County reserves the right to appropriate funds to this project not to exceed funds allocated for the project in the bond issue. CITY/COUNTY INTF. RI.OCAL AGPdEEMENT DENTON/DENTON COUNTY - COUNTRY CI~UB ROAD 3 Executed this ~ day of £,1 , 19 ~, by the County of Denton pursuant to Commissioners' Court Order # and by the City of ~ pursuant to City Council Resolution passed DENTON COUNTY CITY OF ~ By:( ~/~/~ .~/~ By: Jeff ~o~//~i/,JCounty J.u.,,~,~,,,f Mayer ~ .~[~'',,,?,,,. ATTZST: ~,t ~.~ ATTEST: APPROVED AS TO FORM: APPROVED AS TO FORM: Attorney for Denton County City Attorney J CITY/COUNTY INTI".RLOCAL AGI~']h;MENT DENTON/DENTON COUNTY - COLrNTRY C I,UB ROAD 4 (b) The Points of Delivery and the conditions of service pertinent thereto shall be in accordance with Exhibit "A" attached to this contract, as may be modified by the Seller and the Purchaser from time to time. The location of the Points of Delivery, for service commencing on January 1, 1992, 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 at its expense will provide 'For the construction of all facilities on the supply side of the metering point and for the operation and maintenance of those facilities, except as noted on Exhibit "A". (c) The Seller will be responsible for Firm delivery of Firm Power and Energy under this Contract, to the Purchaser at the Points of Delivery, and any costs related to Firm delivery of Firm Power and Energy. (d) 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 side of the transformer. (e) The Purchaser shall maintain its electric system such that the power factor at each metering point shall be between 0.9£, lagging and 0.90 leading. In the event that the power factor at the time of monthly peak demand is less than 0.90 lagging, the demand for billing purposes will be adjusted by the following formula: Adjusted demand = Actual demand x 0.90 Power Factor SECTION 5: Rates and Charqes. (a) The rates and charges of the Seller to the Purchaser for Firm Power and Energy and for services supplied shall be: (i) non-discriminatory, (ii) fair and reasonable, and be calculated based upon the average costs of providing the Firm Power and Energy or providing the service with respect to which the rate or charge is based as shown in Exhibit E, and (iii) adjusted annually to reflect the average Energy cost as calculated on an annual basis in the manner described in this section. (b) Except with respect to adjustments expressly allowed by Section 5(c), the rates and charges set forth on Exhibit "C" are firm until the earlier of January 1, 1994 or such date as the Purchaser receives (i) any power or energy generated from facilities which the Purchaser jointly owns with TMPA, or (ii) any Power or Energy generated by the Purchaser ~rom 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 (late, the rates and charges in Exhibit "C" shall be amended. The amended rates and charges shall be based on the criteria in subsection 5(a). (c) On January i of each year during the term of this Contract, Seller's average Energy cost for the preceding year ending September 30 shall be compared with Purchaser's average Energy cost for the same time period under the rates charged in Exhibit "C", the Purchaser's average Energy cost adjusted to reflect Purchaser's average Energy cost at the system load factor. Seller's average Energy cost shall be calculated by dividing the sum of the total production costs of Seller by the combined Energy supplied to Firm load by Seller as shown in Exhibit "E". lhe total production costs of Seller shall be calculated by summing the demand charge paid to TMPA, the Energy charge paid to TMPA, the operating and maintenance costs for Power generation incurred !~y Seller, debt service for generation paid by Seller, and other associated costs of generation and any cost of additional Power and Energy purchased by Seller pursuant to Section lO(a) of this Contract incurred by Seller and consented to by Purchaser, which consent shall not be unreasonably withheld, as shown in Exhibit "E". Purchaser's adjusted average Energy cost will be the actual average Energy cost paid under the rate in Exhibit "C", adjusted to reflect System load factor. An example calculation of the Purchaser's adjusted average Energy cost is shown in Exhibit "F". If Purchaser's adjusted average Energy cost under Exhibit "F" is less than Seller's average Energy cost, no rebate is required. If Purchaser's adjusted average Energy cost is greater than Seller's average Energy cost from Exhibit "E", Seller shall rebate to Purchaser on or before January I of each year the difference, without interest, between Seller's average Energy cost and Purchaser's adjusted average Energy cost, multiplied by the Purchaser's Energy billing units of Exhibit "F". Under no circumstances will the Purchaser be required to reimburse monies to the Seller if Seller's average Energy cost is more than Purchaser's average Energy cost. From and after the date the Purchaser receives Power and Energy from one of the sources enumerated in subsection 3(a), if a reduction in the Purchaser's demand for Firm Power and Energy from the Seller occurs, the calculation of aYerage Energy cost shall be changed to reflect the lower demand of Purchaser for Firm Power and Energy from the Seller and the Seller's costs at such time. The term "Seller" in this paragraph shall include Bryan, Denton, Garland and Greenville, whether or not each is a party to this Contract. SECTION 6: Meter Readinqs and Seller's Billing. The Seller shall read meters or cause meters to be read and submit one combined bill and cause the Purchaser to be billed for Firm Power and Energy furnished under this Contract at monthly intervals. If multiple Points of Delivery are provided by Seller, then the demand utilized for billing purposes shall be calculated on a coincident peak demand basis. Payment of the bill is due within fifteen (15) days after receipt by Purchaser. Payment of the bill shall be made to the person, at the address, in the manner, specified in the bill. Seller may cause billing services to be performed by TMPA or by some other legal entity, and Seller's bill 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 Testinq and Billin§ Ad,iustments. The Seller shall test and calibrate 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 parties 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, 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 registering 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 10 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 fail 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. SECTION 8: Payments to Constitute Operatinq Expenses of Purchaser's System. The Purchaser reserves the right to pay operating expenses of its electric system from any funds legally available for the purpose, but the Purchaser's obligation to make payments under this Contract shall constitute an operating expense of its electric system payable solely from the gross revenues of such 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 supplied under this 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 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 the same degree of diligence it would use for its native load to provide Firm Power and Energy hereunder. If by reason of Force Majeure, the supply of Firm Power and Energy shall fail, or be interrupted, or become defective as hereinafter provided, the Seller shall not be liable therefor 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 circumstances) from constructing additional generating facilities. Therefore, no provision of this Contract requires Seller to construct capacity to provide Firm Power and Energy to Purchaser. If Seller does not have sufficient capacity to provide to Purchaser the Firm Power and Energy required under this Contract, Seller shall purchase the additional Power and Energy that is required. 12 (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 prudent utility practice and in accordance with standards normally used by ER¢OT utilities ,~wning and operating 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 thirty (30) days to cure the default; provided, however, in the event the failure or default is a failure to make payment within fifteen (15) days after receipt of the bill, the Purchaser shall, from the date of mailing of such notice, have a period of fifteen (15) days to cure 1he default. (b) If the Purchaser does not cure its default within the period specified in subsection (a), 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 provide written notice to Purchaser prior to the date of termination. In the event the default is a failure to pay a bill for Power and Energy within fifteen (15) days after receipt of the bill, the Seller shall provide notice of termination at least fifteen (15) days prior to the date of termination. In the event of a default by Purchaser which does not include a failure to pay a bill within fifteen (15) days of receipt of the bill, the Seller shall provide notice of termination of l~.ast thirty (30) days prior 13 to the date of termination. The notice of termination may be included in the notice required under subsection (a) and, in such a ,sase, the period of time in which the Purchaser may cure the default may also serve as the notice period prior to termination of service. Termination of service hereunder shall not reduce or change the obligation of the Purchaser or Seller under the other provisions of this Contract. (c) If the Seller fails 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 fifteen (15) days to cure the default. If the default is not cured in the fifteen (15) day period, then the Purchaser shall have all of the rights and remedies provided at law and in equity, including the right to offset any'obligations otherwise due Seller and the right for mandatory injunction. SECTION 12: Payment Due Dates and Delinquency[. In the event that the Purchaser fails 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 (104) per annum from such date until paid in full. Following the fifteen (15) 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, institute a proceeding for a mandatory injunction requiring the payment of the amount due and interest thereon, such action to be instituted in a court of competent jurisdiction. 14 SECTION 13: Term of Contract. (a) The Seller's duty to commence Firm Power and Energy under this Contract shall commence on January 1, 1992. In the event Seller is unable to deliver Firm Power and Energy to Purchaser on said commencement date, and the inability to perform is not an event of "Force ~lajeure", the Seller shall (consistent with its contract with TMPA) make arrangements with another utility to deliver Firm Power and Energy to Purchaser at no additional cost to Purchaser until such time as Seller is able to deliver Firm Power and Energy under this Contract. Prior to January 1, 1992, the Seller shall energize the 138,000 volt portion of the substation at the Point of Delivery 'in order to allow Purchaser to test its facilities. Seller will endeavor to energize the 138,000 volt portion of the substation by not later than December 1, 1991. (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, 2002. (c) During the term of this Contract, Seller may in writing, request Purchaser to enter into a contract (i) with TMPA, for the joint ownership of a generating unit with TMPA, (ii) with TMPA, for the purchase of Firm Power and Energy from TMPA, following the re-creation of TMPA by the addition of one or more cities, including Purchaser, (iii) with a joint powers agency, created by Purchaser and by one or more of Bryan, Denton, Garland or Greenville, for the purchase of Firm Power and Energy from the joint powers agency, (iv) with a 15 joint powers agency created by one or more of I~ryan, Denton, Garland or Greenville, 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 (i) enter into the contract of participation and elect to have this Contract terminate on the date of termination agreed upon by the parties specified in the contract of participation, (ii) deny the request and elect to terminate this Contract, effective two years after receipt of the request, or (iii) 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 "rolling" five year term, the Purchaser or the Seller provides written notice to the other before any January I terminating the Contract, then the Contract will terminate at the end of the five year period commencing on January 1. (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 continLle on a "rolling" five year term as more specifically described in subsection (d). 16 SECTION t4: 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 immediate notice and follow with the full particulars of such reasons in writing to the other party as soon as possible 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 use the same degree of diligence it would use for its native load 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 military authority, regulatory or other litigation, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, 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 strikes 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 Force Majeure. 17 (c) Upon an event of Force Majeure which interrupts the supply of Firm Power and Energy, Seller will use the same degree of diligence it would use for its native load to secure an alternative temporary source of Power and Energy in the event of an interruption of the supply of Power and Energy. 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 well as of the operations of the Seller in accordance with the Uniform System of Accounts, which shall include depreciation. Within one hundred twenty (120) days after the close of each fiscal 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. 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. SECTION 16: Access. 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 18 furnished hereunder. To the extent it is necessary to authorize the delivery of the Firm Power and Energy required under this Con~:ract to Purchaser (and not to others), Purchaser will cooperate with Seller for the extension of Seller's electric lines inside the incorporated boundaries of Purchaser, which cooperation will include the routing of lines and the acquisition of rights of way and easements which Purchaser will acquire at Seller's cost. SECTION 17: Assignment. This Contract shall not be assignable without the written consent of the Purchaser and each Seller. Such consent shall not be unreasonably withheld. It shall not be deemed unreasonable for a Seller to withhold consent to (among other assignments) an assignment of this Contract to an entity other than a political subdivision of this State. The Sellers' obligations to provide Firm Power and Energy to any assignee of this Contract shall not exceed, in the aggregate, 20,000 kW. SECTION 18: Successors and Assiqns. This Contract will inure to and be binding upon the successors and assigns of the respective parties. SECTION 19: Governmental Rates, Requlations 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. 19 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 mail, addressed as provided in Exhibit "D", unless another address has been designated, in writing, by the party entitled to receive same. SECTION 21: Severabilit¥. 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 invalidity shall not invalidate thewhole 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 herein. No party hereto shall have any relief, or be entitled to rely, upon any oral representation or oral information made or given 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 20 provisions or of the right oF such party thereafter to enforce each and every provision of this contract. SECTION 24: Venue. Venue for any cause of action instituted by reason of the existence of this contract shall lie in Travis County, Texas. IN NITNESS 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 BOWIE, lEXAS By: (Seal) ATTEST: Date of By: Execution:__ City Secretary CITY OF BRYAN, TEXAS By: (Seal) Mayor ATTEST: Date of By: Execution: City Secretary 21 CITY OF DENTON, TEXAS (Seal) Mayor ATTEST: Date of By: Execution:__ City Secretary CITY OF GARLAND, TEXAS (Seal) Mayor ATTEST: Date of By: Execution:__ City Secretary CITY OF GREENVILLE, TEXAS By: (Seal) Board Chairman ATTEST: Date of By: Execution:__ Board Secretary 22 EXHIBIT "A" POINT OF DELIVERY The Point of Delivery shall be at the Purchaser's proposed substation located near the intersection of Roach and Galia Streets in Bowie, Texas. The Seller shall own, provide and install, in a space provided by the Purchaser in the Purchaser's relay house, all necessary transmission line relaying and metering equipment for two 138 kV lines. Seller shall provide two 138 kV circuit breakers for physical installation by Purchaser. Seller will provide pre-operational check and will own and maintain, at its expense, these breakers. Purchaser shall reimburse Seller, as a contribution-in-aid-of construction, for the cost of one breaker. Seller will invoice Purchaser for the actual cost of this breaker after delivery to the substation site, and Purchaser will pay this invoice within 30 days. Seller will notify Purchaser of Seller's requirements for control and relaying cable for transmission line relaying and metering between both breakers and Purchaser's Relay House within 30 days of execution of the Contract. Purchaser will own, provide, install and maintain these cables. Seller will connect both ends of these cables. 23 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 Seller's Available Capacity - MW 310 258 616 144 Seller's 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 Purchaser's Load - 14083 KW Obligation 4369 1812 6320 1582 If, for example, only Bryan, Denton and Greenville executed this Contract, then their individual obligations would be calculated as follows: Bryan Derton Greenville Seller's available capacity - MW 310 258 144 Seller's 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 238.3 238.3 238.3 Fraction 0.5627 0.2333 0.2039 Purchaser's Load - 14083 KW Obligation 7924 3286 2873 * 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 Contract. 24 EXHIBIT "C" RATES AND CHARGES Demand Charge ............................... $11.78/KW Energy Charge ............................... $ 2/M W H THE DEMAND CHARGE SHALL APPLY TO THE LARGER OF THE AClUAL 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 METERED ENERGY. 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. 25 EXHIBIT "D" NOTICES All notices, requests, demands, statements or bills shall be mailed to the following: CITY OF BOWIE Attention: City Manager 304 Lindsey St. Bowie, Texas 76230 CITY OF BRYAN Attention: City Manager P.O. Box 1000 Bryan, Texas 77805 CITY OF DENTON Attention: City Manager 215 E. McKinney 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 26 Exhibit, Example Calculation of Sellers' Average Cost TMPA Capacity Charge $132,483,600.00 TMPA Billings to Cities TMPA Coverage Refund ($27,836,7~!3.16) TMPA Billings to Cities Purchased Capacity (Sec 10(a)) ,~;0.00 City Generation Debt Service Bryan $4,175,000.00 City Records Denton $1,990,000.00 City Records Garland $5,285,000.00 City Records Greenville $1,635,000.00 City Records City Generation Operation & Maintainance Bryan $2,000,0¢~0.00 City Records Denton $1,200,0C~0.00 City Records Garland $3,200,000.00 City Records Greenville $800,0C0.00 City Records TOTAL FIXED COST $124, 931,886.84 MVVh Cost TMPA Energy Cost 2,800,000 $34,748,000.00 Purchased Energy (Sec 10(a)) 0 $0.00 Cities Gas Cost Bryan 650,000 $11,625,250.00 City Records Denton 200,000 $4,200,000.00 City Records Garland 850,000 $15,202,250.00 City Records Greenville 80,000 $1,680,000.00 City Records Economy Purchases Lignite 2,500 $35,000.00 City Records Gas 200,000 $4,000,009.00 City Records Economy Sales Lignite (160,000) ($1,985,609.00) City Records Gas (450,000) ($9,000,000.00) City Records TOTAL ENERGY COSTS 4,172,500 $60,504,9013.00 TOTAL COST $185,436, 78~. 84 AVERAGE ENERGY COST $44.44 SYSTEM PEAK 980,000 kW SYSTEM LOAD FACTOR 48.60% * The numbers in this Exhibit are for illustrative purposes only Exhibit F I Example Calculation of Purchaser's Adjusted Average Energy Cost * 2 System Average Load Factor 48.60% 3 Peak Demand 14,083 KW From Peak Month's Bill 4 Demand Billing Units 112,839 KW-MO from Billings 5 Energy Billing Units 47,270,000 KWH from Billings 6 Demand Rate $11.78 per KW 7 Less Dist Charge $0.00 per KW 8 Equivalent Transmission Rate $11.78 per KW (Line 6 minus line 7) 9 Demand Bill at Trans Level $1,329,243.42 Line 8 times Line 4 10 Actual Bill for Fuel & Energy $779,955.00 From Billings 11 Average Cost for Fuel & Energy $0.01650 Line 10 divided by Line 5 12 Energy Required to Produce System Load Factor 59,960,528 Line 3 times Line 2 times 8760 13 Energy Bill at System L.F. $989,348.71 Line 11 times Line 12 14 Total Bill at System L.F. $'2,318,592.13 Line 9 plus Line 13 15 Adjusted Average Energy Cost $0.03867 Line 14 divided by Line 12 * The numbers in this Exhibit are for illustrative purposes only EXHIBIT "C" 1. "Project Costs" are the costs of labor, materials, contractors, professional services, and other costs (including interest on such costs accrued during construction and calculated at the Average Interest Earnings Rate) relating to the construction of the facilities described in Exhibit "B" of this Contract as shown in the Agency's accounting records. 2. The "Average Interest Earnings Rate" is the interest rate determined, on a monthly basis, by averaging the daily rates shown in the Agency's Open Repo Investment Account. 3. The Administration Fee shall be calculated by amortizing the sum of the Project Costs by the amortization period. The Administration Fee shall also include an interest charge determined as follows: (i) On the date of the commencement of the delivery of power and energy through the facilities described in Exhibit "B", interest on the declining balance of Project Costs shall accrue on a monthly basis at the Average Interest Earnings Rate; (ii) In order to levelize the charge for interest, TMPA may impose a fixed rate for a twelve month or longer period, and adjust the interest charge at a later date to reflect the actual interest accrued each month under the Average Interest Earnings Rate. The fixed rate shall be based on the Average Interest Earnings Rate determined on the last day of the month preceding the period during which the fixed rate is to be applied. NOTE: Amended by 94-060 RESOLUTION NO. ~ A RESOLUTION AUTHORIZING pARTICIPATION IN PURCHASING PROGR~S OF T]~E STATE PURCHASING AND GENERAL SERVICES COM]4ISSION; DESIGNATING A CITY REPRESENTATIVE TO SIGN AND DELIVER ALL NECESSARY DOO3MENTS IN CONNE~fION THEREWITH; AND PROVIDING AND EFFECTIVE DATE. WHEREAS, the city council of the city of Denton, Texas, pur- suant to the authority granted by Sections 271.081-271.083, Local Government code, V.T.C.A., as amended, desires to participate in described purchasing programs of the state Purchasing and General Semites commission, and WHEREAS, the city council is in the opinion that participation hess roqrams will be highly beneficial to the taxpayers of the in t P _ L ~_ ..ticinated saving to be realized; NOW, city of Denton through u~ ~- r THEREFORE, %THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~J~Q~I. That the City council Of the Ci.y of Denton, Texas does request that the State Purchasing and General Services commission include its stated need on certain of the Commission's annual contracts. ~QT~j~_~[. That Tom shaw, Purchasing Agent, is authorized and directed to sign and deliver all necessary requests and other docu- ment~ in connection therewith for and on behalf of the city of Denton, TeXas. hat the City council acknowledges the city's ~L]LIQJ~[I' ~tici ation fees established by the commission. obligation to pay p P ~_~j~. That thi~ resolution shall become effective imme- diately upon its passage and appr~ ~ PASSED AND APPROVED this the /' day of , 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAi FORM: DEBRA Ao DRA¥OVITCH, CITY ATTORNEy PAGE 2 DA~k: .april 7, 1992 CITY COUNCIl, REPORT TO: Mayor and Members of tile City Council FROM: Lloyd V. tlarrell, City Manager SUBJECT: A RESOLUTION AUTRORIZING PARTICIPATION IN PURCII^SING PROGRAMS OF TIlE STATE PURCIIASING AND GENERAL SERVICES RECOI~IENDATION: Council approve a resolution authol'izing pattie!potion {ri purchasing programs of the State Purchasing and General Services Commission. SUMMARY_.' The General Services Commission Js the central purchasing agency for state government. Secllons 271.081-271.083 Local Government Code, V.T.C.A, provides the legal authority for local governments to participate ill the State of Texas Purchasing Program. Th~ Local Government Code slates that a local /J*~,~spec t fully submitted: ~/ Lloyd~ Harr~ll/ Al~)roved: MH/jh General Serv ces Comm ssion February 5, 1992 Melanie Rarden City of Denton 901-B Texas St. Denton, TX 76201 Cooperative Purchasing Program State of Texas Contracts Dear Ms. Harden: Sections 271.081-271.083 Local Government Code, V.T.C.A. provides the legal authority for local governments to participate in the State of Texas Purchasing Program. The~o Sections define local government to mean a county, municipality, special digtrict, school district, Junior college district, zurel fire prevention district, volunteer fire department, or other legally constituted political eu~division Of the state. The General Services Commission is the central purchasing agency for state government. Participation in the state program In processed by and through this agency. A local government may participate in the purchasing program of the Commission by filing with the Commission a resolution adopted by its governing body. The resolution (sample format attached) should state that the local government will: designate an authorized individual; 2) participate in the program and pay participation fees establishgd by the commission/ 3) be responsible for direct pa}~ent to vendors and 4) be responsible for delivery and quality cogpliance. It is not mandatory for local governments to participate in the state program. Participation is limited =o the use of the com~lssions automated contracts. Participation costs include an annual non-refundable subscription fee of $125.00. Incremental costs of $1.82 per purchase order issued will be bi)led monthly. Ms. Harden February 5, 1992 Page 2 when we receive a completed resolution and subscription fee from you, we will forward a complete contract catalog on microfiche, a small supply of order forms and specific ordering instructions. I hav~ also enclosed a copy of contract 070-A1 for your review. The Local Government Code states that a local government making purchases of an item through use of a state contract satisfies the state law requiring competitive bids for the purchase of the item. A cooperative purchasing program between local governments and the state can be beneficial to all concerned, but particularly beneficial to the taxpayer and the local government entity. The benefits of volume purchasing are well recognized, and we think your Jurisdiction will be well served through participation in this program. If you have any further questions, please let us know. Sincerely, Sue A. Neil Program Services 512/463-3368 SNIgt Enclosure ·: \~q~o<:s\ord~san j ac i n. o AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 92-109 RELATING TO A PORTION OF PLANNED DEVELOPMENT (PD) NO. 6 BY REPEALING THE EXISTING DETAIL PLAN AND ADOPTING A NEW DETAIL PLAN FOR SAN JACINTO PLAZA BEING DESCRIBED AS 12.2077 ACRES KNOWN AS LOTS 2A, 3A, 5A, AND 6A, BLOCK A, REPLAT PART OF BLOCK A, TOWNSHIP II, PHASE II, CITY OF DENTON; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Santander San Jacinto Limited has applied for an amendment to a portion of Planned Development (PD) No. 6, as set forth in Ordinance No. 92-109, by adopting a new detailed plan; and WHEREAS, the Planning and zoning CoD~ission, after a public hearing, recommended approval of the requested change; and WHEREAS, the City Council finds that the proposed amendment will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 92-109, which approved a planned development zoning district classification and use designation for 12.2077 acres of land forming a portion of PD No. 6. known as San Jacinto Plaza, is hereby amended by repealing the existing detailed plan and adopting a new detailed plan illustrated in Exhibit "A", which is attached hereto and made a part hereof for all purposes. SECTION II. That Ordinance No. 92-109, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECT O~. That a copy of this ordinance shall be attached to Ordinance No. 92-109, showing the amendment herein approved. SECTION IV.. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the /~day of ~ , 1994. /~~ ~ ./ BOB CASTLEBERRY, ~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 RESOLUTION NO. ~) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON SUPPORTING THE EFFORTS OF THE STUDENT GOVEP~NMENTS OF THE UNIVERSITY OF NORTH TE×AS AND TEXAS WOMAN'S UNIVERSITY TO FORM A JOINT COMMI~EE TO FACILITATE COMMUNICATION WITH THE STUDENT POPULATION* WHEREAS, the student governments of the Univcrsity of North Texas and Texas Woman's University have expressed an interest in assisting the City of Denton by facilitating communication between the city and the students of each respective university; and WHEREAS, the city of Denton values and supports the efforts of its citizens to promote good communication On city programs, services and other civic matters; and WHEREAS, the student governments have Jointly developed a list of functions that will promote local government among the university student population and familiarize them with the services the city of Denton provides; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY RESOLVES: SECTION I. That the City of Denton h~sreby supports the efforts of the student governments of the University of North Texas and Texas Woman's University to form a Joint student committee to assist the City of Denton to facilitate communication with the student population regarding city programs and eervices. SECTION II. That this resolution shall become effective immediately upon its passage and apprgV~lo PASSED AND APPROVED t~is the /_____ day of ~, 1992, ATTEST: ~t. JENNIFER WALTERS, CITY SECRETARY BY:~TT APPRO O LEGAL FORM: DEB OP~EY RESOLUTION NO. A RESO~TION OF THE CITY OF DENTON, TEXAS, CONSENTING TO TRE INCLUSION OF TERRITORY IN THE CITY'S EXT~TERRITORIAL JURISDICTION WITHIN DENTON COUNTY EMERGENCY SERVICE DISTRI~ NO. 3; REVOKING THE CONSENT GIVEN IN RESO~TION NO. R90-068; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 775 of the Health and Safety Code provides for the creation of emergency se~ice districts to provide emergency medical, ambulance, and fire prevention and control ~ervice~ for rural areas; and WHEREAS, Section 775.014 of the Realth 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 requust to include property within the City's extraterritorial Juri~dictton in a proposed emergency service district, to be named ~nton County Emergency Services District NO. 1; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the City of Denton, Texag, 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. ~ That the consent given by Resolution No. for the creation of an emergency se~lce 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. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE EY~H I B IT A Boundaries of the Proposed Denton County Emergency Servieem; District #! Point of Reference 12. Thence west along said city limits approximately one-half of one mile to · point where said city approxima:ely three°tentha of one mile to a point where said city Point of Reference 51. ThenCe northwesterly and il ong said city limits approximately two-tenths of one mile to a poin~ w~ere said' city limits turn north* point of Reference 52. ThenCe north and along sa~d city limits apprOXimately one-tenth of one mile to a point where said city limits turn west. ThenCe west &nd along said city limits to point of Reference 55. west side Of Bishop Lane. e: \wpdocs\expos. r 1705.4 RESOLUTION NO. ~-0~[~ A RESOLUTION APPROVING THE FUNDING OF WATER AND SEWER LINES TO SERVE PROPERTY TO BE DEVELOPED BY EXPOSITION MILLS OF TEXAS, INC., IN ACCORDANCE WITH THE GUIDELINES FOR FUNDING AND SELECTING DEVEL- OPMENT PLaN WATER AND SEWER LINES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Exposition Mills of Texas, Inc., is proposing to con- struct a commercial facility in the Hillcrest Business Center De- velopment within the City of Denton and has requested the City grant incentives in accordance with the economic development poli- cies of the Denton Development Plan; and WHEREAS, the Public Utilities Board and the Planning and Zoning Commission have recommended granting the request for City funding the construction of sewer and water lines to serve the Exposition Mills of Texas, Inc., site; and WHEREAS, the City Council has determined that the request by Exposition Mills of Texas, Inc., meets the requirements and qual- ifications of the Guidelines for providing commercial development infrastructure assistance; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the request of Exposition Mills of Texas, Inc., for City funding of the construction of water and sewer lines to serve property to be developed as a commercial facility in the proposed Hillcrest Business Center is approved to the following extent: (A) The City of Denton will pay a maximum of $183,600 for the construction of approximately 4,350 feet of twelve inch (12") water line. (B) The City of Denton will pay a max[mum of $15,900 for the construction of approximately 450 feet of eight inch (8") san- itary sewer line. (C) The City shall only pay the funds if Exposition Mills of Texas, Inc., develops the proposed site for a commercial fa- cility. SECTION II. That the cost of funding the approved water and sewer lines shall be paid from the funds currently budgeted for economic development purposes, provided all applicable bidding requirements are met. Page 1 SECTION III. That the funds shall be paid in accordance with a participation agreement executed by the City Manager and Exposi- tion Mills of Texas, Inc. SECTION IV. That Resolution No. 91-065 is hereby repealed and the City Secretary is hereby directed to inscribe on said resolu- tion the fact that it has been repealed and superseded by this res- olution. SECTION V. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the ~/ day of ~ , 1992. BOB CASTLEBERRY~ ~AYOR/ '~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED A! TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~ ~~ Page 2 ALL00219\240.8 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, including decent hous- ing, a suitable living environment and expanded economic oppor- tunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as an entitlement City, has prepared, through a citizen participation process, a program for utilizing its ninth year entitlement funds in the approximate amount of $695,941; and WHEREAS, the public hearings will have been held in accordance with the law; and WHEREAS, the Act requires an application and appropriate certi- fication; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council of the city of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a grant application and appropriate assurances for entitlement funds under the Housing and Community Development Act of 1974, as amended. SECTION II. That the City Council of the City of Denton, Texas, authorizes the Executive Director of Planning and Develop- ment to handle all fiscal and administrative matters related to the application, the Housing Assistance Plan and the assurances. SECTION III. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION IV. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED this the /~'/day of 7~~ , 1992. BOB CASTLEBERRY, MAY~ ~ Page 1 :ALL00234\1435.3.1 RESOLUTION NO. ~'~'~ A RESOLUTION TEMPORARILY CLOSING CHARLOTTE STREET BETWEEN BONNIE BRAE STREET AND AVENUE H ON FRIDAY, JUNE 5~, 1992; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, James McDade, representing the "Owsley Coalition", is requesting that Charlotte Street between Bonnie Brae Street and Avenue H, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 4:00 p.m. and 9:00 p.m. on Friday, June 5, 1992, for the purpose of having a "Block Party"; and WHEREAS, James McDade representing the "Owsley Coalition ", has assured the city that the tenants and property managers in this area have agreed to the temporary closing of this road; and WHEREAS, in order to provide adequate space for the said event and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Charlotte Street between Bonnie Brae Street and Avenue H from the hours of 4:00 p.m. until 9:00 p.m. on Friday, June 5, 1992; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Charlotte Street, between Bonnie Brae Street and Avenue H, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 4:00 p.m. to 9:00 p.m. on Friday, June 5, 1992; NOW, THEREFORE, SECTION II. That the City Manager shall direct the appro- priate City Department to erect barricades on Charlotte Street from the intersection of Bonnie Brae Street to its intersection with Avenue H, at 4:00 p.m. and to have the same removed at 9:00 p.m. on said date. SECTION III. That this resolution shall become effective im- mediately upon its passage and approval. AND APPROVED this the /~day of ~/~ , 1992. PASSED BOB CASTLEBERRY, ~R~ Page 1 ALL00204\1435.3.1 A RESOLUTION TEMPORARILY CLOSING FOX HOLLOW STREET BETWEEN KENWOOD STREET AND TIMBER RIDGE STREET ON SATURDAY, MAY 30, 1992; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Shelly Brown, representing the Woodlands Neighborhood Network, is requesting that Fox Hollow Street, from its intersec- tion with Kenwood Street to its intersection with Timber Ridge Street, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 6:30 p.m. to 8:30 p.m. on May 30, 1992, for the purpose of having a neighborhood block party; and WHEREAS, Shelly Brown, representing th~ Woodlands Neighborhood Network, has assured the City that the property owners in this area have agreed to the temporary closing of this road; 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 Fox Hollow Street between Kenwood Street and Timber Ridge Street from the hours of 6:30 p.m. until 8:30 p.m. on Saturday, May 30, 1992; NOW,- THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Fox Hollow Street, from its intersection with Kenwood Street to its intersection with Timber Ridge Street, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 6:30 p.m. to 8:30 p.m. on May 30, 1992, for the purpose of having a neighborhood block party. SECTION II. That the City Manager shall direct the appropriate City Department to erect barricades on For' Hollow Street from the intersection of Kenwood Street to its intersection with Timber Ridge Street, at 6:30 p.m. and to have the same removed at 8:30 p.m. on said date. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ay of ~~,~, 1992. RESOLUTION NO. ~'~/~ A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JUNE 16, 1992 TO JUNE 23, 1992; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the regular Council meeting of the city of Denton scheduled for June 16, 1992 is hereby postponed to June 23, 1992; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the regular Council meeting to be held on June 16, 1992 be postponed until June 23, 1992. PASSED AND APPROVED this the l~'~'/day of .~.~ , 1992. BOB' CASTLEBERRY, MAY~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR D AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY in appreriation of RETIRIN~ COUNgI~EMBER JIM ~LE~DER WHEREAS, Jim Alexander has served as a Councilmember of the City of Denton since April 1986 until today; and WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding contributions of Jim Alexander, and his efforts to make Denton a better city; and WHEREAS, Jim Alexander, among his many contributions to the community, has served as Council Liaison for the Cable T. V. Advisory Board, Public Utilities Board, and Municipal Court Advisory Committee; and WHEREAS, Jim Alexander has not only served the City of Denton but the North Texas area as well by being a member of the Executive Board and President of the North Central Council of Governments~ and WHEREAS, Jim Alexander 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 Councilmembers and colleagues and citizens of Denton and loss of his services will be keenly felt; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the sincere and warm appreciation of Jim Alexander, felt by the citizens and staff of the City of Denton, be formally convened to him in a permanent manner by spreading this Resolution upon the official minutes of the City of Denton, and forwarding to him a true copy~thereof; and BE IT FURTH~RESOLVED:' That ~ity of Denton does hereby officially and sincerely extend i~~I wishes, to the Honorable Jim Alexander for a long and succe~W~li~areer as a member of our community. " PASSED AN~ APPROVED this the clay of May, 1992. MARK CHEW, COUNF~LMEMBER ~ - JAC~ MILLER, COUNCILMEMBE~ DEBRA A. DRAYg~ITCH, EULINE BROCK, COUNCILMEMBER CITY ATTORNEYU ...... in appr dation .... · RETIRING COUN~ILMEMBER JOHN TRENT WHEREAS, John Trent was elected by the citizens of Denton on May 5, 1990, to serve as Councilmember, At-Large, Place 6; and WHEREAS, the City of Denton has had the good fortune of enjoy- ing the dedicated and outstanding contributions of John Trent, and his efforts to make Denton a better city; and WHEREAS, John Trent served above and[ beyond the efficient dis- charge of his duties in promoting the welfare and prosperity of the City, and the loss of his services will be keenly felt; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the sincere and warm appreciation of John Trent, felt ~Y the citizens and staff of the City of Denton, be formally conveyed to him in a permanent manner by spreading this Resolution upon the official minutes of the City of Denton, and forwarding to' him 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 John Trent for his public service as a member of our community. PASSED ANDAPPROVED this the /~day of May, 1992. ci%% SEc Tm y APPROVED AS TO LEGAL FORM:. MILLER, COUNCILMEMBER ALL00262 A RESOLUTION TEMPORARILY CLOSING INTERSTATE 35-E FRONTAGE ROAD, FROM ITS INTERSECTION WITH AVENUE E TO ITS INTERSECTION WITH BONNIE BRAE ON JULY 4, 1992; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Bettye Myers, representing the Denton Kiwanis Club, is requesting that Interstate 35-E frontage road, from its inter- section with Avenue E to its intersection with Bonnie Brae, a pub- lic street within the corporate limits of the city of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 7:00 p.m. to 10:00 p.m. on July 4, 1992, for the purpose of hav- ing the Annual Children's Clinic Fireworks Spectacular; and WHEREAS, Bettye Myers, representing the Denton Kiwanis 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 in- tersection with Avenue E to its intersection with Bonnie Brae, a public street in the corporate limits of the city 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, 1992, for the purpose of having a "fireworks spectacular". SECTION II. That the City Manager shall direct the appropri- ate city department staff to work with the University of North Texas Police Department in erecting barricades on Interstate 35-E frontage road, from its intersection with Avenue E to its intersec- tion with Bonnie Brae, at 7:00 p.m. and to have the same removed at lO:OS p.m. on said date. ~d~ ~~_~ PASSED AND APPROVED this the y of , 1992 . BOB' CASTLEB ATTEST: JENNIFER WALTERS, CITY SECRETARY ALL00268\240.8 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE 1990 FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 22, 1990 TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; WHEREAS, the city of Denton has a special concern for persons of low and moderate income; WHEREAS, the City of Denton, as an entitlement city, has pre- pared, through a citizen participation process, a program for uti- lizing its 1990 entitlement funds in the approximate amount of $559,134.00; and WHEREAS, the city of Denton had previously allocated an ap- proximate amount of $100,000 of the entitlement funds for develop- ment of an urban homesteading program; and WHEREAS, the City of Denton, Texas, now desires to reallocate an approximate amount of $25,000.00 of the urban homesteading funds for the purpose of supporting an application for a Section 202 El- derly Housing Program through the National Development Council for the rehabilitation of the Crawford Building located at 306 Locust Street, Denton, Texas, to be used as low income elderly housing; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton authorizes the city Manager to submit to the Department of Housing and Urban Development an amendment for the reallocation of funds in the 1990 Final Statement that was previously submitted for a grant application and appropriate assurance for entitlement funds under the Housing and Community Development Act of 1974, as amended, to support an application for a project to provide elderly housing to be located in the Crawford Building, 306 Locust Street, Denton, Texas. SECTION II. That the City Council authorizes the City Manager or his designee to handle all fiscal and administrative matters re- lated to the amended final statement. SECTION III. That this resolution shall become effective im- mediately upon its passage and approval.. /~ PASSED AND APPROVED this the~!~J'~ay of r~ , 1992. BOB Y, Y ATTEST: ~ JENNIFER WALTERS, CITY SECRETARY APP~VED AS TO LEGAL FORM: DABRA A. DRAYOVITCH, CITY ATTORNEY Page 2 ALL00269\240.8 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO PROVIDE THAT $25,000 IN 1990 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BE DESIGNATED TO BE USED IN CONJUNCTION WITH A SECTION 202 ELDERLY HOUSING PROGRAM G~NT APPLICATION BY THE NATIONAL DEVELOPMENT COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton is a contributing body to the Na- tional Development Council in a project seeking approval of a Sec- tion 202 Elderly Housing Program; WHEREAS, Section 202 Elderly Housing Program requires the National Development Council to demonstrate a commitment of sufficient funds to cover the estimated expenses which are not covered by the capital advance provided by the Department of Housing and Urban Development; WHEREAS, the Department of Housing and Urban Development has determined that assurance by the National Development Council of its commitment and willingness to provide those funds can best be assured by requiring a resolution of the contributing body that up to a specified amount of funds will be made available for such purposes. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton pledges the sum of $25,000 in Community Development Block Grant funding in support of the National Development Council's sponsor- ship of a Section 202 Elderly Housing Program application to rehabilitate the Crawford Building, 306 Locust Street, Denton, Texas. SECTION II. That the funding will be made available for the this project to meet estimated start-up expenses specified in this application, the minimum capital investment and the estimated cost of any amenities or features (and operating costs related thereto) which would not be covered by the approved capital advance and which are specified in this application. SECTION III. That the City Council of the City of Denton authorizes the city Manager or his designee to execute all neces- sary documents and to handle all fiscal and administrative matters related to the provision of these funds for the National Develop- ment Council's Section 202 Elderly Housing Program grant application. e:wpdocs\mwpp A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, COM- PLYING WITH THE ORDER FOR INFORMATION BY REGION 6 OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AS CONTAINED IN DOCKET NO. VI-91-2641; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton discharges effluent under the au- thority of NPDES Permit No. TX0047150, issued by Region 6 of the Environmental Protection Agency (EPA); and WHEREAS, under the authority of the Clean Water Act, the EPA has initiated a Municipal Water Pollution Prevention (MWPP) pro- gram; and WHEREAS, to further the purposes of the MWPP, Region 6 of the EPA has issued an order (Docket No. VI-91-2641), requesting that the City issue this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That, in compliance with the Municipal Water Pollution Prevention Order For Information (Docket No. VI-91-2641), dated September 5, 1991, from the Environmental Protection Agency (EPA), requiring the completion and submission of an Environmental Audit for the Denton Wastewater Treatment Plant prior to July 1 of each year, the City Council informs EPA Region 6 that the following actions will be or have been taken to maintain compliance with NPDES Permit No. TX0047180: 1. That it has reviewed the Municipal Water Pollution Prevention Environmental Audit Report (attached to this resolution as Exhibit A). 2. That i'c has taken the following actions necessary to maintain permit requirements contained in NPDES Permit No. TX0047180, effective November 25, 1991: a. Completed an Uprating and Preliminary Design Report for the Denton Wastewater Treatment Plant; b. Completed the Detailed Design and Specifica- tions for the Construction of Phase I (13 MGD) and Phase II (15 MGD) improvements required for permit compliance; c. Approved an Engineering Construction Services Contract with Alan Plummet and Associates to begin construction of the necessary improve- ments at the Denton Wastewater Treatment Plant. 3. That it will consider approval of an 1992-97 Capital Improvement Plan and Annual Operating Budget that will increase rates appropriately in FY 1993 and in FY 1994 to fund the operation and capital expense of approxi- mately $9.18 million for Phase I improvements necessary for permit compliance. SECTION II. That this resolution shall become effective imme- diately upon its passage and approval. ~ PASSED AND APPROVED this the~5~ day of~~ ~ , 1992. JENNIFER WALTERS, CITY SECRETARY / DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 MUNICIPAL WATER POLLUTION PREVENTION MWPP REPORT pREPARED BY MUNICIPALITY: C£cy of D~nt.on STATE; Texas NPDES PERMIT #; TXO347180 FOR WASTEWATER TEA MEN CONTACT pERSON: Howard Martin l~~ 0peration~/ Financial Admfnis tratl~q TELEPHONE {: (817) 566-8237 CHIEF OPEBATOR: TELEPHONE #: (817) 383-7520 SIGNATUi~E,~~ EPA REGION 6 SUBMITTED JULY 1, 1992 ONTENTS PART I INFLUENT/LOADINGS 1-1 PART 2 EFFLUENT QUALITY/PLANT PERFORMANCE 2-1 THRU 2-5 PART 3 AGE OF WASTEWATER TREATMENT FACILITIES 3-1 PART 4 OVERFLOWS & BYPASSES 4-1 PART 5 ULTIMATE DISPOSITION OF SLUDGE 5-1 THRU 5-$ PART 8 NEW DEVELOPMENT 6-1 PART 7 OPERATOR CERTIFICATION & TRAINING 7-1 THRU 7-15 Certification Requirements 7-12 PART 8 FINANCIAL STATUB 8-1 THRU 8-10 PART 9 SUBJECTIVE EVALUATION 9-1 THRU 9-28 (includes Forecast with aii$oclatod Tables) ** POINT CALCULATION TABLE 9-29 EXHIBITS I Rate Ordlnanca II Drought Contingency plan I II Engin~ring Report on Use of Water Reclamation Plant Effluent as a Source for Irrigation Purposes, Oct. 1988 Ilia Engineering Report on Use of Water Reclamation plant Effluent as a Sourc, e for Irrigation Purposes, Addendum No. 1, Jan. 1989 IV City of Denton Resolution LIST OF FI~UBE~, FIGURE ! Wastewater Treatment Rlant Organization Chart 7-2 FIGURE II Municipal Laboratory Organization Chart 7-3 FIGURE III Water/Wastewater Field Services organization Chart ?~4 FIGORE IV Waatawater Pro Form~ 8-4 & 8-§ FIGURE V Budget - Wastewatar 8-6 thru 8-8 FIGURE VI Capital Improvements Plan Summary- wastewater Dept. FIGUR~ vi! Capital Improvements Plan Waatewater Dept- 1992-96 ii PART i~ INFLUE~/~ADINGS A. List the average monthly volumetric flows and BOD loadings received at your facility durimg your Il month MWpp reporting period. MWPP Reporting Col. I Co],. 2 Col. 3 Period Arq Monthly Avg Monthly Avg Daily B. List the average design flow and d, .ly BODs load ~s for your facility in the blanks below. If you are not aware of t~ese design quantities, refer to your O&M manual. ~ Average Flow Daily BOD~ Loading (MGD) (Pounds/Day) ~, Design Criteria; 12 MGD 26,521 , 90% of the Design Criteria: 10.8 23.869 i~ C. How many times did the monthly flow (Col.1) to the WWTp exceed 90% of /~ the design flow? 2 (Circle the appropriate number) ~- points; 5 or more - 5 points 0 D. How many times did the average monthly flow (Col. 1) to the WWTP exceed the design flow? 0 (Circle the approprlato number) ~' 0 points; 1-2 - 5 points; 3-4 - 10 points; ~or more - 15 points E. HOW many tlmel did the average dally BOD~ loading (Col. 3) to the WWTp exceed 90% of the daily design loading? 0 (Circle the appropriate number} ~- 0 points; 2-4 - 5 points; 5 or more- I0 points ~ F. How many tlme~ did the average dally BOD~ loading (Col. 3) to the WWTP exceed the daily design loading? __~.___ (Circle the approprlat~ number) 0 - 0 points; 1 - 10 points; 2 - 20 points; 3 - 30 points; 4 - 40 points; 5 or more - 50 poln~a G. List each point value you circled for C through F In the blanks below mass loading produced by your facility during your I2 month MWPp reporting period. Disregard any columns which are not applicable to your per,alt. Circle whether you are measuring ammonia nitrogen (NH3-N) or nitrate nitrogen (NO3-N). ( i ) Concentra~lor~ N~PP Reporting (mg/~) (mg/L) NO3-N Phosphorus Coliform (Lowest/ Year ~ (mg/L) (mg/L) (Count/ Highest) (mB/I,) 100 ~91 Nay 3.4 1.7 7.4 / 7.8 '91 Jun 2,0 0.7 7.5 /7,7 '91 Sep 2.1 2.0 7,4 / 7.7 '91 Nov 2.5 2.3 7.2 / '92 Jan 2.6 3.0 ),lO 7.& / 7.7 §.2 '92 Feb 3.7 4.4 1,5 7.3 / 7.6 t92 Jan 2.7 1,2 0.6 7.4 /7.8 7.~ {2) Averaga Daily Mass Loading ~WPP Reporting Period NH -M Total BOD5 TS$ or ~O,-N Phosphorus Year ~ (lbs/day) (lbs/day) (lbs/day) (lbs/day) Other B. List the monthly permit limits for the facility In the blanks below. Circle whether your permit Coliform (~g/~) (mg/L) NO3-N Phosphorus p.O. (Count/ (%g/L) (mg/L) 100 mi) ~ Llmit~ N/A I0 15 ~ ~ 3m_~i LlmltS~ ~9 13~.~__ Repor£ N/A 3.3 (mg/~) (mg/L) NO3-N Phosphorus O,O (m~/L) (ag/L) ~ __ -- -- Limits, 900.9 I 3_~_50.9 ~ ~-- ~L __ ___ )ur permit Other C. How many months did the effluent BOD~ concentration (mg/L} or loading (lbs/day) exceed 90% of permit limits? appropriate number) 0 (Circle the = - 0 points; 2 = 10 points; 3 = 20 points; 30 points; 5 or more - 40 points D, How many months did the effluent BOD~ concentration (mg/L) or loadin number) (Circle the appropriate ~ ~' 0 points; l~Z = $ points; 3 or more- 30 points E. How many months did the effluent TSS concentration (mg/L) or loading (lbs/day} exceed 90% of the permit limits? ~ (Circle the %er appropriate number) / (lbs/day) exceed perm£t limits? number) ~ (Circle the appropriate the permit limits? N/A (Circle the appropriate number) 2-4 K. How many months did the effluent Phosphorous concentration (mg/L) or appropriate number; 0 - 0 points; 1-2 ~ 5 points; 3 or more - 30 points L. Is biomonitoring required by the NPDES Permit? I X__I Yes I__1 No a. If yes, has the biomonitoring been done? .-- Give results. N. Add the point values circled for C through K and place in the box below. ~ C points - 0 G poiata - 0 K points- 0 D points - ~ H points - 0 E points - 0 I points - 0 F points - ~ J points - TOTAL POINT VALUE FOB 2ART 2 /__9__._~ Enter the total point value for Part 2 on the point calculation table on the last page. responsible for reporting noncompliance to State and Federal agencies. Resp~Party ~itle 8~7-383-7520 2-5 PART III AGE OF THE WASTEWATER TREATMENT FACILITIES A. What year was the wastewater treatment plant constructed or last major expansion to Increase the hydraulic capacity of the plant completed? Current Year - (Answer to A.) - Age in Years ~ - ~ ' _~__ Years Enter Age in Part C., below. B. Chec~ the type of treatment facility that is ~ Mechanical Treatment Plant 2.5 (Trickling filter, activated sludge, etc.) ~ Aerated Lagoon 2.0 ~__ Stabilization Pond 1.5 ~ Other (Specify) 1.0 C. Multiply the factor listed next to th~ type of facility your community employs by the age of your facility to detsmine the total point value of Part 3) TOT~ POI~ V~UE FOR PART 3 - ~__ x ~ (factor) Enter thil value or 50, which ever A~i less/ on the pol~ table o~ the lest page. 3-1 PART 4: OVERFLOWS AND BYPASSES A. (l) List the number of times in the last year there was an overflow, bypass, or unpermitted discharge of untreated or incompletely treated wastewater due to heavy rainfall or snowmelt: (Circle One) 0 - 0 points; 1 ~ 5 points; 2 = 10 points; (3) - 15 points; 4 = 30 points; 5 or more = 50 points (2) List the number of bypasses, overflows, or unpermitted discharges shown in A (1) that were within the collection system and the number at the treatment plant. Collection System 3 Treatment Plant O B. (1) List the number of times in the last year there was a bypass or overflow of untreated or incompletely treated wastewater due to equipment failure, either at the treatm(~nt plant or due to pumping problems in the collection system: ___~. (Circle One) 0 = 0 points; (i) = 5 polnt:5; 2 - 10 points; 3 = 15 points; 4 = 30 points; 5 or more = 50 points (2) List the number of bypasses or overflows shown In B (1) that were within the collection system and the number at tho treatment Collection System ~ Treatment Plant C. Specify whether the bypasses came from the City or village sewer system, or from contract or tributary communitie~;/sanitary districts, etc. D.Add the point values circled for A and B and place the total In the box below. TOTAL POINT VALUE FOR PANT 4 /__2~ Enter this value on the point calculation table on the last page. E. List the person responsible for reporting overflows, bypasses, or unpermltted discharges to State and Federal authorities: - w fu~9~ ./~ l~/ -? Responsible Party Title Telephone Number Describe the procedure for gathering, compiling, and reporting: We v ste o e e ~lo]~,~ We e o b d a av ab a w ye ed t e W e 4-1 PART 5: ULTIhL~TE DISPOSITION OF SLUDGE A. What is the final disposition of sludge f~om your treatment plant? a at o B. Describe sludge management practices. ~r~ a slud es are a a - a d s · cte o c ow e a d a o w e - o w - d s ud u e o d e s. e s d e dewar e . W d s v C. If eludge is disposed of by land application (aurface appllca~ion or shallow injection), complete the following: (1) Does your facility have access to sulficient land for; (Circle the appropriate point total)_ . . 24-35 months - l0 points 12-23 months - 20 points 06-11 months "30 points less than 6 months - 50 points (2) Whet type of cover is on the site? Crops consumed by animals ~,hose products are consumed Crops that are directly consumed by humane, ~ Neither directly or indirectly consumed by humane. (3) Identify access to the land application site: By the public: e b f By grazing animals: ~ (4) Check applicable 40 CFR Part 257 requirements: ---2L__ Processes to Significantly Reduce Pathogens (PSRP) Processes to Further Reduce Pathogen~ (PFRP) Does your treatment plant have the capability of meetlng these sludge requirements? ~ Yes .......... 0 Points No .......... 50 Points Describe processes: ~~ (5) If the plant has the capability, are the sludge requirements Identified in (4) above currently being met? Yes .......... 0 Points X* NO .......... 50 Points ~ "~ D. If the sludge is disposed of by landfllling (trenching or burial operation}, complete the following, (1) Identify the means of disposal: Monoflll Combined with other municipal solid waste Other {Specify) (2) Does your facility hay& access to sufficient la~d filling sites for: [Circle the appropriate point total) 3 or more years - 0 points 24-35 months - 10 points 12-23 months = 20 points 06-11 months = 30 points less than 6 months - 50 points *Anaerobic sludges are land applied and meet PSI~ req~irmments approximately sixty (60) percent of the aerobic sludge generated is land applied end does not currently meet PSRP criteria. 5-2 (3) IS the landfill reglstered/pe~itted to re~eive sludge? ~ Yes .......... 0 Points No .......... 50 Points N/A in New Mexico (See E. below) E. Does the sludge disposal site have an approved Ground Water Discharge ~ Plan? {New Mexico only) Yes .......... 0 Polnts No .......... 50 Points F. Does this City have an approved sludge ~nagement plan7 (Oklahoma only) Yes .......... 0 Poimts No .......... 50 Points ~ N/A TOTAL POINT VALUE FOR FaST 5 /__~.--/ Enter this total on the point calculation table on the last page. 5-3 PART 6: NEW DEVELOPMENT A. Please provide the following information for the total of all sewer line extensions which were installed during the last year. Design Population: Elementary__School (400 student~} Design FLOW= .01 mgd Design BOD~: 125 mg/L B. Has an industry (or other development) moved into the community or expanded production in the past year, such that either flow or pollutant loadings to the lewerage syl~tem were significantly increased (5% or greater)? (Circle one) O. Yes - 15 points 0 points; Describe: N/A List any new pollutants: C. Is there any development (industrial, commercial, or residential) anticipated in the next 2-3 year£, such that either flow or pollutant ~ 0 points; Yes points 15 Describe: N/A D. Add together the polar value circled In B and C and place the sum in the blank below. TOTAL POINT VALUE FOR PART 6 / 0 Enter this value on the point calculation table on the last page. PART 7: OPERATOR CERTIFICATION AND TRAINING Provide information for your Wastewater 9'reatment Plant and Collection System (not Public Water Supply). A. Responsible person-In-charge of operation per shift. Shift: ~.~ Name~ ~ Telephone #: ~ Certification #: ~ Level: _.__1~__ Level of Certification Required: ~ Shift: ~ Nam(J~ ~_~_ Telephone #~ /~-k_~./~_~__ Certification #~ ~ d,~:) LevelI __.~._~ Level of Certification Requlred~ ~ Telephone 9~ ~ Ce-'tiflcatlo. ~ ~ Level~ ~ Lev.l of Certification Required: ~ ~ Shift: ~ Name: ~ Telephone ~: ~ Certlffcation ~ ~ Level: ~ Level of Certification Requlred~ ~ B. Please attach an organizational chart for your wast~ater treatment syetem, including the treatment plant operations, ~lnte~a~ce~ laborato~, and collection system personnel. CITY 0I.' I)~:N'FON ~¥A'rER 0,170 CITY OF DENTON ENVIRONMENTAL SERVICES DIVISIONS 04fl0--0481-0483 COPY (wry 01: I)I';NTON 0,161-0,162-0471-0810 I,I,AI"T ('(,I'Y and Laboratory Staff. Include collection system personnel. Attach additiona?~~cessa~/. State Approved Yrs On Certifica~:lon/Renewal Tra [- ~ng ** ~ L [__ AMb33nALL{ ~ L-- ~ L L ~~ * ~lf applicable ** B~.nce last cel:tiflcat£on/rene~al (llst~ uait~s) ~jSta~a tequire~nt~ fr~ ~ece~tification/refle~al~ ~ ' = ' = C. Operations, Maintenance, and~boratory)SLaff. Include collection system personnel. Attac additional sheets If necessary. State Approved Yrs On Certification/Renewal Training Jim Coulter Services Administrator Sill McCullough Program Coordinator 7 ~' 019-40-3370 06-02-96 n/a Chemist/ Jan 19Y2 - Unit Yanetta Verboah Labora u r 6 B ~ ~ Surface ~ater Debbie Whltworth Laboratory Technician 6 C 565-13-8642 05-18-94 Rlchael Atzet Laboratory Technician 2 C 572-59-3546 n/a n/a Pollution Control John Glover Abatement Officer 3 n/a 455-96-4303 n/a n/a John Davis Assistant Chemist 1/2 n/a n/n n/a n/a Kris Nemn Secrftary 7 n/a n/a nla t If applicable · t 81ncc l~st certification/rental (list units) Stats r~qulrements for recertlflcatlon/ren~alz Co Operations, Mai~tenance, and Laboratory Staff. Iaclude~ 2ddttioDal sheets if necessary, ystem personnel. A~tach Scats Approved Yrs On Certification/Renewal Training * If applicable ** Since last certification/renewal (list units) State requirements for recertification/renewal: C. Operations, Maintenance, and Laboratory Staff. Inclucte c~llect~o system personnel. Attach additional sheets if necessary. State Approved Yrs On Certifica~ion/Renewal Training *' * If applicable ** Since last certification/renewal (list units) State require~ents for recertification/renewal: C. Operations, Maintenance, and Laboratory staff. Include {ollection,eystem personnel. Attach additional sheets if necessary. Yrs On Certification/Renewal Training ** * If applicable ** Since last certification/renewal (liar units) State requirements for recertification/rene~al: A_~-~' ' ' ' Operations, Maintenance, and Laboratory staff, include ~.n~ system personnel. Attach additional sheets if necessary. ~ YrS On Certification/Renewal Training * If a licable .* Sinc~Plast certification/renewa] (list unite) State requirements for recertification/renewal: A-~ TEXAS I~ATI~ COqqlSSlO~ 7-12 7-13 ~ o~ (~ app£Oprtat~) ,~.~re~~ L To~al: ~ ~ ~ ~' ~he appropr~a~" D (1) Certification level for =e~pon~lble pe=~on~=) in ch.'=ges = 30 points ?-14 (4) Dedicated budget line item for operator training: Training funds are a'¢ least 2 % of budget 0 Point~ Training funds are lesl than 2% of budget - ~ No dedicated training funds identified in the budget = 30 Points TOTAL POINT VALUE FOR PART 7 /~____/ Enter thle total On the point calculation table on the last page. 7-15 PART 8: FINANCIAL STATUS All Financial Status Information should be based on youc urrent Fiscal List Fiscal Year Begins: ~ Ends: List your annual O&M costs, replacement costs (equipment replacement, such as motors, bearings, pumps, etc., for the useful life of the treatment facility), debt service costs, training costs, and revenue. (SEE ATTACHED FISCA~ YEAR 1992 BUIX~ET AND ESTX~ATE FROM PROFOR~A PAGES 8-4 through 8-I0) O&M S S Total~ $ Replacement +$. -$ Debt Service: -$ Training +$ -$_ Sub Total =$ =$ Balance: =$ Debt Service +$ +$ Debt Service Reserves +$ +S other Reserves +$ +$__ Total =$ (i.e., wateJ~tilitiea, public works, etc.)? (Circle one) No IZ yes, explain: 8-1 Yes (NO) If yes, explaln: ~e__~~ort e al over ment t rou h mln stratlve t ans ers an a et r on net investment. C. Are all users or user classe~ charged based on the proportionate use of the wast~water treatment works? Attach a copy Of the rate schedule(s). (Yes) NO If not why, s a e d to ov d evenu ~ (1} What was the total bLlling amount for sewer user rates (do not include connection fees and other special fees) for the last fiscal year? (2) What amount of this billing total was outstanding (1.e., not collected) at the end of the last fiscal year? $/~L~.--_ This amount included unbIlled consumption durLng September vhlch $7,700. (3) Wha= ts the cumulative total of outstanding fees for the' last five years or other ~lme period al of the end of the last fiscal year? Specify time period: Cumulative retail CAlX fees are collec~ a~ ~X~ i~ice XI fi~l~ p~ovXd~) D. Are ~he equipment replacement fundl in a segregated accoun~ (Yes} No (Equlpmen~ replacement, such as motors, pumps, bearings, etc., for the useful life of the treatment facility) 8-2 Eo What financial resources do you have available to pa~- for your wastewater improvement/reconstruction needs? (Excluding maintenance replacement mentioned in D above) ~]~__ ~ d cumen ed I a ea a a m v e~ 1 ttac ed a ta ex enses e d o o b d t eve bo d unds a d co s o a dot e , a oyes t c a ecess o ye ve ed u s. Is there a capital improvements fund in place? ~) No ne five year capital lmprovememts plan is revised annually. The approv~ o~rating ~dget for each fiscal year allocates exl)eflditures. Other Capital ltels are funded from existln9 and 8-3 04 50 PM ACTUAL BUDGET ESTIMATE 6UOGET FY Pt' FY FY 1_q9~1 t99~2 199~2 199~3 199~4 199~5 199~66 199~7 1 Total Annual 0ills 198.970 197,862 198.604 200.036 203,137 207.301 212,670 218,2 2 Res Ann Cual Billa 172.714 171,044 172.640 174.t01 176,800 180.424 I85.097 189.9~ 3Avg MI~ 811FRei, 13.31 17.18 1597 163~ 2039 21,79 2327 248b _O~njLReVe~ue~ 5 Commercial Fees 2,94t 3,379 3,068 3.627 4.590 5.006 5.486 6,013 8 ~rnolesake 28~8 31~3 27~3 3~ 40~5 44~2 ,N)~4 53~1 9 Tota~ Operabng Revenue $5.708 ~ $6.~43 ~ ~ $9.718 ~ $11673 ~9 o o_ o o_ ~ o_ o_ o_ 29 O~er O_ O_ O_ O_ O_ O_ O_ 30 Total O~r~ng Expen~ ~ ~ ~ ~ ~-~ ~.333 $5~.~ ~5.708 32 Inlereal Income {620) (101) (2) ~99) (93) (94) (96) 19~) (100) 33 Repay LT Debt 0 {] 0 150 350 500 550 500 40 Admln Transferl 41~ 46~1 46~1 ~_~ 48~99 4_~.~ 51~ 525 41 Total No~op (Revenue) F_.: $2,429 $2,506 $2.34~ $2,858 $3,411 $3.g5~ $4,6.58 $4,972 43 Net I~ncome Cash Bas ~ ~ ~ $81 $21 ~ ~ 47 Dep,-eci&llo~l (1,303) (t.352) (I.352) (1,598) (1,881) (2.034) (2,116) 4e Net Income Full Ancrual E ~ ~ ~see0) ~ $25O ~ [tgJ. 8-4 t99~2 t99~22 199~7 4 ResHdent~al Fees 82,935 $2,602 28 ~aLn~ Ex~nsH 6~7 27 8~ D~ 24 24 ~ O~ ~ 47 32 In.eat I~me (6~ (~ (1~) ~ ~ 0 0 1,8~ 41 TO~ No,op (~) ~ $2,~ WASTE~/ATER DATE ~3rMay-92 BF-2.2 WATER RECLAMATION PLANT/0 TiME ]:37 PM PRIOR YR ----CURRENT YEAR-- ---PROPOSED~ CCOUNT 1~:J0-91 T991-92 1991-92 BASELINE TOTAL NUMBEACCOUNTTITLE ACTUAL BUDGET ESTIMATE FUNOrNG REQUEST 83)0( MAINTENANCE 8301 BUILDING/EQUIPMENT Heating. AC se~vl~e, windows, 8309 HYDRO-ELECTRIC 0 0 0 0 8331 ACC ELE EQUIP 3,994 13,000 10,800 13,000 13,000 8334 TRANSFORMER 0 100 10<3 100 100 8335 METER8 18,268 18.00<) lg,500 18,000 20,000 8337 ST UGHT$ 11 300 300 300 300 8339 GENERATING MACH Barrow 440 3,000 1,000 3,000 1,500 Corinth 1,170 2,000 1,000 2,000 2,000 Denton West 3,~4X3 3,000 1,500 3,000 3,000 Granada 273 3,000 1,700 3.000 2,000 G~lasom 2,780 2,~O 1,000 2,~30 2,800 Hlcicoty Cree4c 5,873 8,000 3,000 8,000 8,000 Hc343~to~ 11,056 2,000 0,000 2,000 2,000 Jot~ Kr~ox 585 3,000 500 3,000 1 LO~ 551 3,000 50O 3,000 Twin Lake~ 241 2.000 500 2.000 1,000 Unlo~ 76 1,414 3,000 1,500 3.000 3,000 vacation Village 2;273 3,000 1,500 3,000 2,000 Wlmbe;lo~ 358 2,000 1,000 2,000 1 Z]mm~ (I-35) 331 2.000 300 2,000 1,000 Camping Wo*ld 635 500 300 ~O0 8-6 WASTE~NATER DATE 13-May-92 8F-22 WATER RECLAMATION PLANT/(' '~ TIME 3.37 PM CCOUNT PRIOR YR ----CURRENT YE~R-- ---PROPOSED-- 1990-~1 1991-92 1991-92 BASELINR TOTAL NUMEE^CCOUNTTiTLE ACTUAL BUDGET ESTIMATE FUNDING REQUEST PLANT PROCESS Wesl 2.320 2,000 300 2.000 2.320 Notttt 4.079 2.000 2.260 2.000 4.079 5outh .~ ,538 2.000 1.975 2.000 4.538 Digestion 1.952 100.000 118.413 100.000 25.000 Tt~lckenere 12.435 9.000 7.500 9.000 12.435 DAF 1 ! .983 10.000 7.500 10.000 11.983 No,lb 2.596 5.000 1.000 5.000 2.596 North 3.562 8.000 2.000 6.000 3.562 Soum 4.440 5.000 3.000 5.000 4.440 North 5.400 3.000 Chlorinallon 5.957 5.000 2.800 5.000 6.000 No~lt~ 500 1.000 500 1.000 1.000 Return 81udge N oft/1 5.203 5.O00 1.500 5.000 5.000 South 4,208 2.000 1.200 2.000 4.000 8-7 WASTEWATER DATE 13-May-g2 8F~22. WATER £,ECLAMATION PLANT/O-'-'~ TIME . 3:37 PM PRIOR YR ----CURRENT YEAR-- --PROPOSED-- CCOUNT 1990-91 1991-92 1991-92 BASEL/NE TOTAL N(JMSEACCOUNTTITLE ACTUAL BUDGET ESTIMATE FUNOING REQUEST 8341 OF~ M~CHJNES ~ ~.785 3,000 4,692 3,000 3,000 DESCRIPTION PUR MILEEd'HRS COSTYTD COSTLTD AJNT. FY92 8342 VEH,CLES COST MAINT MAINT 008907 7001{89) 3/4 Ton Pickup 16,350 44799/'5589 576 4,587 2,000 009049 7002(90) I/2 Ton Pickup 16,990 17743/°58 137 465 500 00~]648 7003{85) 1/2 Ton P~up 8,700 44598/'670 75 3.939 1,000 000372 7041 (87) U tlllty Tlaller 500 ~0 0 0 009069 7060(90)81udgelnJectTrk, 193.562 3112/'1877 1.299 19.362 4,000 008689 7063(85) RkJlng Mower 6,622 000375 7067('/9}Sludge Inject Trk 0 '1240 15p?~6 169,596 5,000 8-8 FI~URI~ Vi 1992 OEPARTM tTALCAPITALIMPROVEME 'SUMMARY WASTEWATER EXPENDITURES ($ x lOOO) 0451 ADMINISTRATION $5 $0 $5 $0 $0 0470 TREATMENT 3.727 3 619 ' "9 0 0 0471 COLLECTION 1,708 1,120 .-,54 29 75 0472 ENGINEERING 12 0 12 0 0 0481 LABORATORY 90 64 26 0 0 TOTALS FOR YEAR - 1992 CIP $5,542 $4,803 $635 S29 $75 L 1992 - 1996 CAPITAL IMPROVEMENTS PLAN WASTEWATER UTILITIES ($ x looo) GROUP ASSIGNMENT YEAR 1992 1993 1994 1995 1996 T(~TAL .... NUMBERS CATEGORY I WASTEWA?ER TREATMENT PLANT IMP $3.630 $3,.~0 $70 $50 $100 $7,430 2 WASTEWATER TRE ~,~MENT PLANT EXP 1 0 25 0 275 301 3 LIFTSTATION IMPROVEMENTS 1;J 60 177 96 27 370 4 COCLECTION SYSTEM UPGRADE 670 1,365 ! ,055 875 960 4,925 5 REPLACEMENT SEWER LINES 410 280 448 367 295 1,800 6 COf_LECTION SYSTEM INFILL 50 50 50 670 450 1,270 7 DEVELOPMENT PLAN SEWER LINES 250 250 250 250 250 1,250 8 OVERSIZE WASTEWATER LINES 100 100 100 150 100 550 9 INFILTRATION/INFLOW 50 100 150 200 250 750 10 TAPS AND FIELD EQUIP 40 20 15 1,3 3! .119 '11 LASORATORY IMPROVE MEN TS 8'1 43 86 60 56 326 12 MOBILE EQUIPMENT 148 287 47 57 272 811 13 COMPUTER EQUIPMENr 0 15 0 0 5 20 14 OFFICE FURNITURE/EQUIPMENT 6 6 6 7 7 32 15 MISCELLANEOUS 96 t.~ 10 18 22 160 TOTAL $5.542 $6,'170 $2,489 $2,8'13 $3,100 $20,114 4/22/9 .1 9;27 (SEE A~ACHED UTILX~ FORECAST) (for PART 9 A-E) PART 9: SUBJECTIVE EVALUATION A. Describe briefly the physical and structural conditions of the treatment facilities: Describe the condition of the collection/conveyance system including What sewerage system improvements dues the community have ?onsideration for the next 10 years? (1) Lilt the theoretical design life of the plant (2) List what you believe Is the remaining uleful life of the wa~tewaLer treatmen~ facilities In light of d~velo;mlnt and 5.1 INTRODUCTION The wastewater treatment facility consists of four basic components: - Wastewater Collection Sy~tem - Waetewater Treatment Plant - Wastewater Disposal - Sludge Disposal plant. These lines are not designed to flow full. Pressure could cause these flows to back into residences. Additional flow is sometimes picked up via inflow/infiltration (I/I). pickholes, broken pi;~.e and cracks, lnflltraClon le flow entering cracks and Joints due to th~ groundwater la,el being higher than the pipe. Lift stations and force mains ara constructed whe~' flow cannot continue b~ gravity. Thls usually occurs In low lying areal or where the line becomes extremely deep. After many hours and sometimes days In the collection system, the sewage is eventually transported to the tr~*atment plant. Denton'a 9-:2 plant treats the wastewater by the waste activated sludge process. The liquid is separated from the solids and treated by settling, aeration, filtration and disinfection. The sludge is treated biologically by aerobic and anaerobic digestion. The treated wast~ products are then disposed Of in accordance with strict standards. The liquid is discharged to Pecan Creek. This affluent must meet very stringent water qu~.lity standards. The digested sludge is either applied to open land by injection or dried and then spread on open land al: the plant site and/or used in various municipa! uae prelects. The Texas Water Commission [TWO) and the Environmental Protection Agency (EPA) are the regul&tory agencies which published in the Texas ~lnistrativa C~e (T~). In ~ar~ tam ps,At,ed average daily flow for three conlecu~lvl mo~hl, ~he expansion and/or u~rading of the wast~ater =reatme~ and/or collection fac~lities." The ~C and EPA monitor treatment plante by issuing discharge permits. These permits dictate ~he trea~men~ levels cr1'YO~ DENTON UTILm~$ 9-3 that must De obtained by the plan%. Failure to meet %hess requirements can result in fines, penalties and expensive emergency construction projects. 5.2 METHODOLOGY The treatment plant utilizes an ultrasonic meter to measure the plant lnfluent. Except for a few major customers, wastewater flows are no: measured directly by m~ters. Indirect measures such as a percent Of winter water u~Je are typically used to determine wastewater volumes. System correlated gallons per capita per day/ and the number and type of customers. Table S.1 provides =he number of custom,ers by general rate class. In the 1990 Forecast the waetewater flows are based on a percentage of water use. Fur:her studies have found that ~hie derived gallon per capita per day as discussed in Sec:ion 2 . 5.3 WASTEWATER COLLECTION SYSTEM The collection system consists of approximately 1.67 million linear feet (316 miles) of gravity sewer maine ranging in size from 4 inches through 33 inches in diameter, 80,911 O~OF O~NTOMU~RIE$ 9-4 TABLE 5.1 CITY OF DENTON NUMBER OF WASTEWATER CUSTOMERS FISCAL YEAR RESIDENTIAL COMMERCIAL GOVERNMENTAL TOTAL - HISTORICAL - PROJECTED · 1~ 14~ 1,~ ~ 1~,Ul I~4 14~19 2,020 ciTY OF DENTON UTILITIES 9-5 TABLE 5.2 CITY OF DENTON SANITARY SEWER SIZE AND AMOUNT DIAMETER LINEAR PERCENT OF (INCHES) FEET MILES TOTAL 4' 643 0.12 0.04 6' 556,~?.4 105,17 31,76 20' 325 0.0~ 0.02 24' 48,500 9.18 2.77. 27' 2~,570 33' 3~50 0.82 0.11 FORCE MAINS 80,911 15.10 100.00 NOTE: BASED ON HANSEN OPERATING AND MAINTENANCE SYSTEM CITY OF DENTON ~J'~IJT1EE 9-6 linear feet (15 miles} of force main and 18 active lift stations. 643 feet of sanitary sewer is less than 6 inches in diameter. These lines are considered to be substandard because they tend to be ve~! maintenance intensive. Table 5.2 provides an accounting of gravity lines. Of primaz7 concern to opera~lon and m~intenance personnel are main blockages and infiltration/inflow. Gr~ase enterli%g the system is the major contributor to main blockage. The proliferation of garbage disposals has compounded the problem Tree roots can find there way into the sanitary sewer pi;e through cracks in the pipe and through faulty Joints. Once ro~t$ enter the pipe they can quickly grow and flll the cross sectional area of the pipe causing it to clog. Field Services Inflow/Infiltration (I/I) is generally related ~o old, cracking gravity mains, worn out 3oint seals and ~oor manhole greatly increasing fl~ws at the plant during a rainstorm, CTTYOirDENTONIjTtUllES-- 9-7 I/I study iS a tedious process. To some degree It is a hunt and peck process. The process is dependent upo~ adequate rainfall events to measure wet w~ather flow conditions. Infiltration from ground water is found by comparing ground water table levels to sewer l£ue elevatio~s and Inspecting =hose line~ constructed below the water table. An I/I study genorally involves: - Wastewater Collect~sn System Analysis Identify problem s~ctlon~ - Inspect proble~ line~ with T.V. camera to de=e~m£nm type of failure (le., cracks, Joints) Collection System Master Plan in 1985 which is sufficiently current to serve as the system analysis. ~n the summer of 1991 the Water/Was=ewe=er Engineering staff began m modeling effort on the Cooper Creek drainage basin, w~h the help of the su~er interns. The m~el ~s app~ox~pll~ ~0 ~rcen= complete and will be used to identify needed projects and help determine appropriate line sizes. The model will also be used in the I/I analysis to quantify and pin point possible I/I services. Until the model is complete for the three major drainage basins, The Freese and Nichols Collection System Master Plan will be used for project identification. 5.4 WASTEWATER TR£A~ENT The Pecan Creek Water Reclamation Plant has a rated capacity of 12 MGD (millions gallons per day) and an peak design capacity Of 18 MGD.' The peak capacity Aa to acco~Lmodate stormwater flows. The plant has a permit for 12 MGD. Table 5.3 an~ Figure 5.1 show the historical and projected average annual lnfluent received by the waatewater treatment plant. Figure 5.2 depicts historical waatewater forecast trenda. Again there is a general downward trend in proJectione. GrTY OF DENTON ~"~L,~TJ£$ TABLE 5.3 CITY OF DENTON WASTEWATER INFLUENT FISCAL FLOW (MILLJON GALLONS PER DAY~ YEAR DENTON CORINTH ARGYLE TOTAL . HISTORICAL · 1M~ g.o2 0.34 N/A g~la - PROJECTED · CITY OF DENTON UT]UTtE$ 9-10 FIGURE 5.1 : : : HISTORICAL AND PROJECTED : : : : : AVI~RAGE ANNUAL : 13 WAgr~llFATER INFLURNT FOR DI~NTON ,lc CUSTOMFR CITIES AVERAGE I~IFLUENT ~ : FOR WET yEAR~ : : i pROJECTgO ANNUAL (.~ : · AVERAGE IN t"LUEN? : · : FOR NORklAL $ 1980 198:* 1984 1906 1988 1990 1992 1994 1996 1998 ,?.000 YEAR ~ 1,3 ..... : ............ ~ ..:... ~,~: : : : : : ................. ..... ~ ...... ~ ..... ~ ...... ~ ..... ~ ...... ~ ..... ~ ..... ~ ..... : ...... [ ..... ~ .... ~ FIGURE 5.2 : : ; : ~ ~O~C~ ~ab~a~ ~r~ DENTON AND ITS CU~O~B YEAR the months Of May~ June, and J~lly were reported to the T~4C as follows= AVERAGE DAILY PERC£,~T OF MO~ FLOW (MCD) RATED CAPACITY May, 1991 9.71 81.00% June, 1991 ~0.27 85.56% July, L99! 10.27 85.27% Toward the end of 1989 Denton started pumping all of its ln~luent through the plant as it received it. Now that Denton is pumping everything through =he plant, during high rainfall years Denton should experience higher peak flow~ as it did in the TWC criteria levels of 75 percent and 90 percen~ and CITY OF DENTON UTIIJT1ES. 9-13 z~ FIGURE 5.3 . ~ 2,0 ItlSq'ORICAL ~ID PROJgCTED I .......... ~ .... ~ _ ..[ .... ~ . I : : : ~m~m~ o~"~: ........... . ........ _ .~ ..... ~ ~-' : ~ ~I .......... .*,~ ........... ' : ~ ,~. : ...... 10 : ,. 19~0 1902 1984 1986 1900 1990 1992 1994 1996 1990 2000 YEAR 5.5 LIFT STATIG~$ Denton currently owns and/or operates 18 lift stations throughout its service area. Denton also owns 3 lift stations which have been abandoned. The oper~ltlng characteristics for all lift stations are described in Tables 5.4, 5.5, and 5.6. Pump run :tmes for a lift stauion can be used for crude estimation of flow rates through the lift station. Figure 5.4 shows sample run times for all lift stations during both a dry I/~ on the lift stations. The run times for almost all of the lift stations at least double during wet weather periods and few experience as much as a 20 fold increase during wet weather periods. Three lift stations are known to overflow at least annually. Cooper Creek and Coclnth l£ft stations are near capacity during dry weather operating periods. The Cooper Creek station Is scheduled to be upgraded in capacity by 1993, and the Corinth station should be considered for an upgrade In capacity within the next f~vm years. Five Of the wes:her flows and surge significantly during stor~ ave~ts. Infiltration and Inflo~ (I/I} is the ~aaJor problem for these C~TY OF OE~TON ~rnLrnE$ 9-15 TABLE 5.5 CITY OF DENTON LIFT STATIONS PUMPS FORCE MAIN CAPACI"IY UFT PUMP CAPACIT f' HEAD DtAMETER LF. NGTTI UFT FiRM MAXIMUM STATIOH NO. (GP~ (FI) (~N) (iq) (Fq (GPM) (GPM) BORDER 2~0 ~J e tA3g ?.,~) 270 34O COWBOY 2~) 2~ ;.AKE8 2 ~ ~0 TA~3LE 5.6 CITY OF DENTON LIFT STATIONS PUMPS FORCE MAIN CAPACITY b"'TAllON ldO. (GI~ (~ (11~ (1~ (FT) (GPM) (GPM) DATA NOT lV~2 AT ~18 TIME stations and it la the I/I that should be addressed rather than upgrading the capacity of the lift stations. A lift station must have sufficient capacity to pump the peak day flow with the largest pump ou= of service. The Corinth lift station is the only public i~ft station Each lift station serves a collection area. The size and the percentage of the area served should be taken into consideration when upgrading capacity at any lift; station. Lift stations that serve large drainage basine, such as the Hickory Creek lift station, should be considered for locations for future weetewa=er treatment facilities. It should be analyzed prior to the expansion of the station whether it Is another basin to be treated. Table 5.7 lists the t(~ta! area, effective collection area, and the percent of the total area served for each of the lift stations and the drainage basins. C;TY OF DENTON UT~L~'~E$ 9-20 TABLE 5.7 CITY OF DENTON LIFT STATION COLLECTION AREAS PERCENT TOTAL EFFECTIVE AREA LIFT STATION/ AREA COLLECTION SERVED DRAINAGE BASIN (ACRES) AREA (ACRES) (ACRES) PECAN CREEK DRAJNAGE SAS~N 12.*~0 8.030 48% ~- COOPER CREEK 4,'~60 1,850 40% ~_ HOPiSON 770 430 ~ CORINTH 1 ~- DENTON WEST ~0 22 L'JOHN )~NOX ~10 2~ · - WIMBLETON ;~80 20 LONDONDERRY 130 ~O VACATION V1LLAGE 'ZS0 20 FORT WORi~ DRNE 2 2,750 760 29% .CITY OF DENTON UTiUT1E$ 9-~1 F. Are there commgJ;c~al or industrial dischargers to your wastewater treatment works? mu Nto° G. How are septic tank pumpings (septsge) handled at the treatment plant H. Have you considered development of a plan to address water conservation and/or the reduction of organic and nitrogenoue loadings to the treatment facilities b~ individual users? (t.e,, use of flow (See Drough~ Cont~--~y P -l~n, E~hibit II) 9-22 No facility? If yes, describe: o s u ed to he steam a electric ~se~ as cooln o~--------------- (1) What potential reuse alternatives are available? Describe: · t o~..o, -- Are there ongoing efforts to reduce the quantities of any chemicals y.s ~ H/A Ifyes,~escribs: NO Is your sludge recycled for beneficial use7 If yes, describe, ~ Do you have a program to collect hazardous household was~6~ from individuals at the wast~ater treatment plant or other locations to prevent disposal in the wast~ater collectio~ sy~=em? yes 9-23 N. DO you recover digester gas or have any other type of recycling or special programs associated with your wastewater treatment system? If yes, describe: ~ne Gas ~rom aoaeFobic dig9s--~[ is used 9~ ~uDolv ~a for ~O~ pressure holler ~o hear~Prima~y-~qester' ' comm~lty presently involved in formal planning for treatment o. ,. your radin · point in the COllection system for any reason, e~cept clogging of the service la~era~ connections? ~ Times program lncludin~ m preven:~ve ~lntenance progr~ on ma~or equipman~ Collection S~s~lm~ ~ No ~ - If describe~ are res~onsible R. Does this preventive maintenance program specify frequency of Collection System ~ NO 9-24 ~ S. Are these preventive maintenance tasks, as well as Equipment problems, belng recorded and filed so future maintenance problems can be assessed properly? Treatment Plant ~ No Collection System ~ No T. Is an inventory of spare parts and preventive maintenance supplies maintained (l.e~l, grease, packlng, etc.) as specified In your O&M Manual? No U. What portion of the continuing education expenses Of the operator-in- ~'~ charge were paid for by the municipality? ~ By the operator? What percentage of the wastewater budget is dedicated for training? ~__% V. Ia there a policy encouraging continulng,~l,ucatlon and training for wastswater treatment plant employeen? y~ No Is it in writing? ~ NO Explain che policy~ ~9~19_~~ upgrading program. ~ Replaced boiler controls, replaced gear valve $ 2,685.84 Cleaned out Primary Digester i18,000.90 Replaced Motor 820.00 Rebuilt Pump 659.21 Replaced front head/gasket 530.74 Rebuilt driv~ shafts 260.94 Rebuilt pum~ 312.36 Install time mark level control 345.00 Replaced chain/brackets north grit cha~uber 1,117,86 Replaced bearing housing and bearing 798.97 Replaced battery's in ~ power supply 432.00 Replaced gear drive unit 764.28 ~,~ Rebuilt thickner pump 1,298.05 Rebuilt thickner pump ~,371.05 9-25 Rebuilt Motor Pump/Motor rebuilt 888.25 8,571.00 ~epiaced shaft sleeve/installed new 9acking 1,010.29 Replaced 4 caibea on bar screen Replaced gear drive un[t 609.50 Replaced gear drive unit 953.38 Total Cost $ ~42,280.54 X. Any additional comments? (Attach ,~dditional sheets if necessary) 9-26 m S. Are these preventive maintenance tasks, as well as equipment problems, being recorded and filed so future maintenance problems can be assessed properly? Treatment Plant ~ NO Collection System ~ No maintained (i.e.~l, grease, packing, etc.) as specified in your O&M Manual? NO U. What portion of the continuing education expenses of the operator-in- charge were paid for by the municipality? By the operator? What percentage of th~ wastewater budget is dedicated for training? Is there a policy encouraging continuing education and training for wastewater treatment plant employees? ~ NO Ia it in writing? ~--~ No ~ Explain the policy: W. Describe any major repairs or mechanical equipment replacement that you made in the last year ~nd include the approximate cost for those repairs. Do not include major treatment plant construction or upgrading program. Repaired Hickoz-y Creek (21. Pipe) $ 50,000 X. Any additional cormnents? (Attach additional sheets if necessary) 9-27 If your treated wa~r effluent r~used outside the treatment facility? NO If yes, describe: (Exhibits ~_' &IIIa) (1) What potential reuse alternatives are available? Descrf,be: J. Are there ongoing efforts to reduce the quantities of any chemicals (including gases) used in the wastewater treatment system? Yes (No) N/A Ifyes, describe: K. Has an energy audit been performed to determine the minimum amount of ' energy needed for efficient operation and maintenance? Yes No Ifyes, describe: L. Is your sludge recycled for beneficial use? ~ No If yes, dascribe: If yes, are the requirements of 40 CFR 257 being met? ~ NO M. DO you have a program to collect hazardous household wastes directly from individuals at the wastewater trea~mant plant or other locations to prevent disposal in the wastewater collection sye~e~? (Yes) No Ifyes, describe: 9-28 POINT CALCULATION TABLE Fill in the values from parts 1 through 7 in the columns below. Add the numbers in the left column to determine the point total that the wastewater system has generated for the previous year. Actual Maximum Part 1: Xnfluent Flow/Loadings ______~__ 80 Points Part 2t Effluent Quality/Plant ____~__ 310 Points Performance Part 3: Age of WWTp ~ 50 Points Part 4: Overflows and Bypasses __20__ 100 Points Part 5t Ultimate Disposition of ___~0__ 200 Points Sludge Part 6= New Development __~__ 30 Poin=s Part 7~ Operator Certification __10__ 150 Points TOTAL POINTS ~ 910 Points 9-29 Superced~s Ord. Passed by Ciu/ Co%mcil 9/!7 ~ Effective 10/i/91 Ef(3~T FOr OROINANcE r~O. ~ $CHEDL~ SSC (Eff. i/i/~ PROVIDING r~ ... ~ THE SCHEDULE OF PATEs proviZ' That SCD Commercial/Industrial sewer Service with ~'""~ SSC Wholesale Sewer Treatment serVice for a 14 Utility Cu,tom.r, SRN Residential Sewer SerVice to Users without City 24 EXHIBIT I 3u~ercedesOrd. P~sedbv C[~:Council 9/!7 Effecciv~ 10/~/91 ORDINAncE NO. ~ S~ S~ (Elf. i/!/~ AN ORDIN~CE ~DIN~ THE SCHEDULE OF ~TES FOR SEWER SERVICE: AND PROVIDIN~ FOR ~ E~FECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBy ORDAINS: ~. That the Race Schedule~ for sewer se~ice as provided for in Chapter 26 of the Code of Ordinances, arm amended to read as follows: 8E~R ~TE 8CHZDULZ8 2 SC Regular Commercial Industrial Sewer Sm~icm 4 SSC ~o~ela~ S~wmr Treatment S~lcl for a EXHIBIT ~_~-~1]~ for SUb-billing or Other utility billing by service user (1) FacilltF Ch&rgs $4.45/30 days consumption shell be USed. For consumption for the Preceding months of December through Feb~uaryshal! . PAGE 2 bill~gsSlllinq for annually, the Facility charge sha~l be based on !2 Formula: x custome¢ charge (b} Billing for the sewer effluent shall be based on 30 days per month to detez-mlne the gallo~ effluent to be charged to each rate block. Formula: x GAL in rate block x RATE per 1,o00 gallons in rate block PAGE 3 [E~ect~ve S~) listed heret- or Schedule SCD, (1) Facility Charge $10.7§/30 days (2) Volume Charge $2.15/1,o00 gallon effluent Billing based on eighty (80%) percent of monthly water consumption. Sampling charge (each) $30.00 Analysis charge (per test) $15.00 there will be added to the net monthly race an industrial surcharge Cu-Vu ([Bu-250] B + [Su-250] S]) VU is the billing volume per 1000 gallons for user X. BU is the tested ~OD level for user X or 250 mg/1, is the unit cost factor ($0.00159) for treating one unit of ~oo per 1,000 gallons. SU is the tested SS level for user X or 150 mg/1, whichever is greater. S is the unit cost factor ($0.00197) for treating one unit of SS per 1,0oo gallons. $10.75/30 clays B£11~ are due wh~ rendered, and become pa~t due if not paid within calendar days from date of ~ssuance. All aervlcas which require special facilities in order to special facilit£ea rider. {a) Billings for the Facility charge shall be based on billings annually. ~ x cue~omer charge (b) Billing for the ~ewer affluen~ ehail be bae~ on 30 daya per rate block. ~ X GAL in rate block x 30 days per 1,000 gallons in rate PAGE The industrial surcharge calculation that applies to e~uiDment cu=vu ([Bu-250] B ~ [Su-250] SI) Where: Cu is the surcharge for user %. VU is th~ billing volume per 1000 gallons for user X. Bu is the tested BCD level for user X or 250 mg/1, whichever is greater. is the unit cost factor ($0.00159~ for treating one unit of BOO per 1,000 gallons. Su is the tested SS level for user X or 250 mg/1, whichever is greater. s is the unit cost factor ($0.00197) for treating one unit of SS per 1,000 gallons. Bills ara dui when rendered, end become past du~ if not paid within 15 calendar day1 from date of llauance. All services which require special facilities in u-der to meet special facilities rider. Iai Billings for the Facility charge mgall Bm based On 12 blllinge annually. Fc~ula~ 30 dayl PAGE ? (b) Billing for the sewer effluent shall be based on 30 days per month to determlne the gallon effluen~ to be chargad to each rate block. ~ ' x GAL in rate block × RATE 30 days per 1,000 gallons in rate block PAGE 8 [Cffective 10/~/91] (1) Facility Charge $11.65/]0 days (2} Volume Charge $2.85/1,000 gallon effluent Billing based on eighty (80%) percent of monthly water cons,'mp=ion. applicable industrial surcharge if the customer: (b) Agrlml to pay for the City to sample and analyze, ~arter- ly, the wa~tewater discharge for the ~ollowing~ Siochimical Oxygen De.nd (~0), Total Su~mnded Solids (TSS), and (c) AErial to pay, ba~ed on the i~dul=rial ~urcharge fo~ula, monitoring parroted in section $11.65/30 day~ The industrial ~urcharge calculation that appliem to equipment services claimin~ the SES exemption shall be based on the following Cu-Vu ([Bu-250] B -. [Su--250] SI} Vu is the billing volume per 1000 gallons for user X. Bu is the te~ted BCD level for user X or 250 mg/1, B is the Unit COSt factor ($0.00159) for treating one unit of BCD per 1,000 gallons. S is the unit cost factor ($0.00197) for treating one unit of SS per 1,000 gallons. Bills are due when rendermd, and become peat due if not paid within 15 calendar d&ye from date of iemuancm. SPECIAL FACILITIES speck . facilities rider. (a) Billinge for the Facility charge ghall be ~amed on 12 billings annually. Formula= ~~Lg--R~ x cultomlr charge 30 dayl PAGE I0 ~ (b) Billing for the sewer effluent shall be based on 30 days per · onth to determine the gallon effluent ko be charged to each rate block. ' ' ' x GAL in rate block x ~ATE 30 days per ~,o00 gallons in rate block PAGE 11 { Ef fectlve 10/1/91] Applicable to all major commercial and industrial customers subject EPA pretreatment criteria or such o~her co~ercial and industrial customera that have the probability of discharging extra strengt~ waste~ater or which may have substances in their wastewater which are li~ted on EPA's categorical pollutant list. (1) Facility charge $ 10.75/30 days (2) pretreatment/Program Charg~ a. Categorical $160.00/30 days b. Noncategorical $ 30.00/30 days (3) Volume Charge $2.15/1,000 gallon effluent $0.00159/mg/1 of BOD (4) Surcharge $0.00197/mg/1 of TSS Billing shall be ~aeed on 80% of water consumption or actual metered sawer. Sampling charge (each) $30.00 Analysis chargm (per test) $15.00 In addition to the above charge for commercial and indultriel, there will bm added to thm net monthly rate an industrial surcharge based on the following formula~ CU-VU ([BU-2SO] B + [Su-2SO] Vu is thm billing volume par 1000 gallons for user X. BU is the tested ~O level for u,er X or 250 ~~ $270.75/30 days { ,~ (a) Billings for the Facility charge shall bm baaed on 12 billings annuallY- bm ~as8o on 30 daye . effluent shall ar ed to ~ rate block. ~ x GAL in rate ~locK x RATE per 1,000 gallO~ %m rate bloC~ pAGE 13 $0-00197/mg/1 of Billin.~ based on ninety-eight the follow~ CU-VU ([BU-250] PAGE 14 BU lS the tested BOO level for user X or 250 mg/l, ~hichever is greater. B ls the unit cost factor ($0.00159) for one unit of BCD per 1,000 gallons. Su is the tested SS level for user X or 250 mg/1, whichever is greater. S is the unit cost factor ($0.00197) for treating one unit of SS per 1,000 gallons. $17.[:0/30 days Bills ara due when rendered, and become past due if not paid within 15 calendar daya from date of issuance. All iervlcei which require special facilitiei in order to meet special facilities rider. (a) Billing for the Facility charge shall be based on 12 billings annually, Formula: 30 daya (b) Bllli~lg for the sewer effluent shall bi baaed on 30 A~tualdavs~ X GAL in rate bl~k x ~TE 30 daym per 1,000 gallons in rate bl~k [Effective i-1-91} WHOLESALE SEWER TREATMENT SERVICE FOR A GOVEFLNMENTAL Applicable to any municipal corporation, or other governmental agency or ~ubdivision which operates a ~ewer collection system and COntracts with the City of Denton for s~wer treatment service. (11 Facility Charge $125.00/30 days (2) Volume Charge $2.10/I,000 gallon of effluent (3) Surcharge $0.00159/mg/1 of BeD $0.00197/mg/I of TSS Billing shall be based On one-hundred (100%) percent of actual gallons ~ $125.00/30 days In addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formula: Cu-Vu ((Su-250] S * [SU-250) VU is the billing volume per 1000 gallons for user B is tn~ unit cost factor ($0.00159) for treating one uz~it of BeD per 1,000 gallons. Su is th~ tested SS level for user X or 250 mg/1, PAGE 16 $ i~ t~e unit cost factor ($0.00197) fo:' one unit of SS per 1,000 gallons. PAYMENT Bills are due when rendered, and become past due if not paid withl~ 15 calendar days from date of issuance. ~PECIAL FACILITIES Ail sarvicaa which require special facilities in order to meet special facilities rider. billings annually. Formula: 30 day~ (b) Billing for the ~lwer effluent shall be baled ~;, 30 days per block. Agtua~ days in readin~ period x GAL in rate block x 30 days par 1,000 gallons in rate block The charges ~tated herein ~hall be applied to all ae~e~ provided after January 1, 1991. Um=~l JaB~ 1, 1991 c~arges will bi dett~Ined by Schedule S3 of Ordinance 89-~36, PAGE 17 [Effective 10/1/91] Applicable to all City of Denton Departments and agencies for all sewer (1) Facility Charge $11.65/30 day~ (2) Volume Charge $1.~5/1,000 gallon effluent (3) Surcharge $~.OO159/mg/l of BOD $0.00197/mg/1 of TSS Billing shall be based on eighty (80%) percent of water consumption. In addition to the above charge for commercial and industrial, there will be added to the net monJhly rate an industrial surcBarge baaed on the following formula: Cu-vu ([BU-2~O] B · [$u-250] Vu im the billing volume per 1000 gallone for user X. BU is th~ teated BCD level for user X or 250 mg/1, is the unit cost factor ($0.00159) for treating One unit of BOb per 1,000 gallons. SU is the teated SS level for user X or 250 mg/1, S is the unit most factor ($o.00197) for treating $11.65/30 days PAGE 18 Bills are due when rendered, and become past due if not paid within 15 calendar dayl from date of i~suance. Al~ ser~icss which require special facilities in order to meet CUStomer's service requirements shall be provided subject to the special facilities rider. (a) Billing for the Facility charge ~hall be based on !2 billings annually. Formula: block, rormul&: ~ K GAL in rate bloc~ x ~ATE [Effective 10/1/91] Applicable on sales of tread:ed sewer effluent to any municipal utility. (1) Facility Charge $100.00/30 day~ (2) Volune charge $ .95/1,000 gallon effluent $100.00/30 da~,s calendar daye from date of lesuance. special facilities rider. billings annually. (b) Billing for the sewer effluent ~hall be based on 30 day, per PAGE 20 ~ Formul&: ~ ' ' x GAL in rate block x RATE 30 days per 1,000 gallons in rate block ~=~T~Q--$~ ~'~ C [Effective 10/1/91] (1) Facility Charge $130.00/30 days $195.00/30 days (2) Volume Charge $2.15/1,000 gala $2.85/1000 gals discharge discharge (3) Surcharge $0.00159/mg/1 of BOD $0,00197/mg/1 Of SS Sampling charge (each) $30.00 AnalyBis charge (par ts,t) $15.00 In addition to the above charge, there will be added to the net monthly rate for uo~asroial and industrial, an industrial ,urchargs based on the following formula: Cu=VU ([Bu-250] B + [Su-250] SI) Where: Cu ia the surcharge for user X. VU is the billing volume per 1000 gallons for user x. BU is the tested BOD level for user X or 250 mg/l, whichever is greater. B is the unit cost factor ($0.00159) for treating one unit of BOD per 1,000 SU is the tested SS level for user X or 250 mg/1, S ($0.00197) is the un=t cost factor for treating one unxt Of SS per 1,000 gallons. (wit:lin Corporate (outside $130.00/30 days 9195.00/30 days Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance- All servicel which require special facllitie~ in order to meet billings annually- ~_R~L~L~ x cuetomer charge pAGE 23 Applicable for single family residential sawer customers individually metered apartments or mobile homes or multi-family facilities with le~s th~n 4 units outside Of the corporate limits of the City Of Denton and also receiving water from the city of DentOn. $6.40/30 day~ (1) Facility charge $2.50/l,000 gallon e~fluant (2) volume charge Monthly billings shall ba calculated by using ninety-eight percent (98%) Of water consumption for the month as determined hardin, up to a thousand (30,000) gallons- For the months of maximum of thirty r actual wat'r c°n'~mPtl°n:~ ~; ~nths Of March throu~ ~i_..~, of DeCember throu~- NoVSmbar or 10,000 gallonS, whichever is lass, shall ba used. ~ $6.40/30 Bills arm due when re,dared, and become past dud if no~ paid within calendar da7s from datm of issuance. All ssrvicms which require spm¢ial ~acilltias in order ~o mast customer'S service requirements shall be provided subject to the special facllitie~ ri4er. pAGE 24 billings annually. ~~ x customer charge (b) Billing for the sewer effluent shall be based on 30 days per ~ Formula: ~/A~I~"~-~~ x GAL in rate block x RATE 30 days per 1,000 gallons in rate block pAGE 25 SCHEDULE SRN RESIDENTIAL SEWER SERVICE TO USERS WITHOUT [Effective 10/1/91] Applicable to all residential facilities not also receiving meter, er water ~ervice from the City of Denton, including sub-divisions, f. cn apartments, mobile home pares, or other residential se~-¢ice users. monthly charge will be based on the maximum number of residential uni' in the area $~led during the month times the volume and facili charges. ~e inside Corporate Outside Corporate (1) Facility Charge $ 4.45/30 days $6.40/30 days (2) Volume Charge $ 1.65/i,000 gals $2.50/1,000 gals Minimum volume charge will be for five thousand (5,000) gallons month. $12.70 par 30 days $18.90 per 30 day[ per resident unit per resident unit Bills are due whun rendered, and become past due if not paid within calendar days from date of issuance. customer,s eez~Xcs requirements shall be provided special facilities rider. (a} Billing for the Facility charge shall bi based on billing~ annually. PAGE 26 30 days (b) Billing fo~ the sewer effluent shall be based on 30 days per month To determine =he gallon effluent to be charged to each rate block. Formula: 30 days per 1,000 gallons in rate block PAGE 27 SCHEDULE SCO COP~eERC[AL/INDUSTRIAL SEWER SERVICE [Effective 10/1/91} Applicable to all commercial, industrial or any othe~ facility no~ otherwise covered under this ordinance outside the co.-porate limIts of the City of Denton and receiving sewer service from the City of Denton. (1) Facility Charge $14.40/30 days (2) Volume Charge $2.85/1,000 gallon effluent (3) Surcharge $0.00159/mg/1 of EOD $0.00197/1~g/1 of SS Billing based on eighty (80%) percent Of monthly water consumption. Sampling charge (aach~ $30.00 Analyais charge (per test) $i~.00 In addition to the above charge for commercial and industrial, there the following formula: Cu-Vu ([Bu-250] B + [Su-250] Vu is the billing volume par 1000 gallons for user X. BU is the tasted BOD level for user X or 250 mg/1, B is the unit cos= factor ($o.00159) for treating one unit BOD per 1,000 gallons. Su is the tilted $S level for user X or 250 mg/1, PAGE 28 $ iS the unit cost factor ($0.00197) for treat:ng one unlt of SS per L,000 gallons. $14.40/~0 days Bills are due when rendered, and become past due xf not paid within calendar days from date of issuance. All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. -(a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actua~~&~L~[~ x customer chargm (b) Billing for the sewer effluent shall be based on 3O day~ per month to determine the gallon effluent to be charged to each rate block. Formula: Actua~ dav~ In r~~ X GAL In rate b~ock 30 days per 1,000 gallons In rats PAGE 29 ~o That l~ any section, ~ubsection, paragraph, sentence~ clause, phrase or ~ord in this ordinance, or applicatio;~ tLereof to ar per,on or circu~sta~cee is held invalid by any court of competen~ ~ur~diction, such holding snail not affect the validity remaininq portions of th%s o~dinance, and the City Council of the City of Denton, Tmxas,.hereby declares it would have enacted suc~ rema%nlnq portiona despite any Such invalidity. ~'~L~. Tha~ thm Schedule of Rat~ hermin adopted shall be effective, charged and applied to the first regular billing cycle accruing On or after October 1, 1991, except for Schedule SSC, which ' PASSED AND APPROVED ~n£S ~.~. day o~ CITY OF DENTOn, TEXAS/ ATTEST: / APPROVED AS TO LEGAL FORM: DESRA A. DRA¥OVITCH, CITY ATTORNEy PAGE 30 DROUGHT COHTINGEHCY PLAH Water Watch Stage # 1 Triggering Criteria~ Total raw water supply in Lake Lewisvllle drops below 516 feet or short-ter~ deficiencies in the water production or distribution system limit supply capability, as datelined by Superintendent of Utility Field Servicee. Actions Available (applied locally and/or to all customers, as necessary to recover conservation elevation of 522 feet or until water production or distribution s~stem deficiencies are eliminated)l A, The City Manager (ext. 8307) or the Executive Director of Utilities (ext. 8230) iBstruots the Director of Water/Wastewater Utilities (ext. 8202) to initiate the following ~ reductions in water use as follc~,~'l$ address is limited to once everY other day based on th ~ ~..~ 4t.it water on odd days; even last digit Last'Address Digit AllOWed Water Dates 0,2,4,6,8 2~d,4th,6th,Sth, 10th,12th,[4th~ 16th,18th,lOth,22~d,14th,2~th~ 28th,30th ~Sth,~?th,19th,21st,23rd,25th~ . .'~ . containing multiple addresses will ~ by their l~elt address nu~e~. Where zhere ~e '..~ ./.- :. ' .... 3. hosin9 o~ - on o~ orn~ental foun~ains; swl~ln~ ~ol drainin~ and reflllin~. EXHiBiT I! Water Watch stage 9 L {Continued) B. ~'nergl' information specialist (ext. 8449} implements public information effort~ to advise citizens of Water Watch Stage #1 lncludillg = 1o Issue press rel(~ase to area media describing the current Water WatCh Stage 91 a~d ~he ~ater use restrictions u~der this stage: Denton Record Chronicle - 387-38~1 KD~ radio 565-3688 K~ radio o Ch 2) - 2~4-8T1-139~' L KD~ televisi , ( · ~66 2901 '"' ''':''']' ' B ' hone a~ 'foll~-uP lette~, not~fy' ~o~ ar!a'wate~ ~' ' C. Y ~ .... Wa=er watch a~agl 1~' a~.r~uesu .": /;-, ".'. ; and of the ~a~ ~e~.~_.._ non-essential " ' =hem ~o .,oX~ta~ o~-_~ o~ra~ion Of'Or~n~X~/' ' ' :':'J"J'. ' 'street ~ vehicle wamn~ng a ~ '-, ' ex~' ~8320' "' ~t~ '"'~ , Fire ex~, n4~n" glectrlc U~11.' Me:er Reading - ex:, 84&4 ; ~ ~ ' . Water Watch Stage # i (Continued) D, Advise wholesale customers by telephone and attached letter of the actions being takee by the City of Dentoe in response to Water Watch stage 91 and request their implementation of like procedures among their customers, The Director of Water/Wastewater Utilities may impose.upon wholesale customers chose water services or use solutions ~o wa~er shortage, l,e. ~gAng o~ l~er'raw' F. Notify U,S, Co~ ot Engineers ~ telephone and o~ider relealing wa~er, from ~ke ~y~Rober~l R~ues~,the~ C ....... 'on o~.~ke ~livllle reachel',~~'tee~ Water Watch stac.{e 91 Triggering criteria: ewisville drops below 512 feet ~ in Lake L tr£butiOn system 1 raw water supply ficiencies in the dis Tota .... d lon~-term de --ed bv either limit supply capa. b~ ~ter Treatment plane u~ ~- Superintendent of utility Field ACtions AVailable, (applied locally and/or to all customerS, es U~llitie~ (ex~i.v~tiiitias (ext. 82u~;_~er use 2~, 6ch, lO~h, ~4~h, o,~,4,6,s ~u~,~o~ .... ow~' ~,znott O= other . waive. -. Zxcep~u,-- * nurserill · :''/' . ': washe~erlas a~ landsca~ ,. . '-' Water Watch Stage ~ 2 (Continued Energy Information Specialist (uxr. 844~) accelerates public information efforts to advise citizens of Water Watch Stage #2 including: 1. Issues press release to area media describing the current Water Watch Stage #2 and the water use restrictions under this stage: Denton Record Chronicle - 387-381~ - 214-436-3566 ~wisv~lle Leader - 565-2353 UNT Daily - 898-2191 ~ ~ radio , - 565-3688 ~'- - ~ radio . . 214_87~_~390.~/' KD~ ~elev~s~on (Ch. 2) ~cal public Access T.V. (Ch.~25) '~566'2901*%;~ B hone and ~oll~-up litter, noCif~ ~Or area · Brick ' ' ' ' 387'8612 '"'~ Tecta vaA ' ' *: ~ '" 566 2000 and =0 lmple~n= res~rActto~ On essenc~aA.,U~"'- <.?,,,:;/:-~'~ Accoun~ & Finance ' ex~. 8320, , CA~y A~orn~' .&*Lre ,~ .. -~ ex~: 8115' :Cus=o~r Svc. - Public Works - ex~, 8420'" Electric U~11.- ex~t~'848~%? 8181 ~rage ''~ '~''' Water Watch stage 9 2 (continued) D. Advise wholesale customers by telephone and attached Letter of the actions being taken by the City o~ DentOn in response to Water Watch stage #2 and request their implementation like procedures among their customers- The Director of Water/Wastewater Utilities may impose upon wholesale customers those wat(~r service~lt¥ of Dent°,nwW, ater restrictions which are permit%ed under under Stake ~a * contracts with wholesale customers and Town of corinth publlc Works DirectOr horit¥ a~' ~ke Lew~l ' we w~11 no~ Issue dr~g~ng .-::.'. :', ~ . . . water Watch stage ! 3 Triggering Criteria: Total raw water supp],¥ I, Lake Lewisville drops below 505 or upon failure of water Watc~ sta~e 92 restrictions bo reduce a aci~Y us determined by either.the water usage below supply c p. .~.n plant or the Superintendent o~ the water -~re~ .... % , .' superintendent of Utility Flsld se~ices. and/or to ail customers, 307) or ~he Execu=lVe Director of~: . . ~o~~ng ~ ' ' ... wa~e~lng '~"?' '' .,:-h ~ ,'.' "~h treat~ wa~er at ea~- ~e o~[lce bui~n~- . '. '.', ~: ~t~ng. ~o~~ ~e~':"~..~ B. Energy InfOrmation Specialist (ext. 8~49) contiaues accelerated public lnfo~ation effort~ to advise citizens of Wdter Watch Stage 93 including: res~rlctions Under this stage: UNT Daily - 214-436-3566 ' , ' handouts, and other ~terlals among public access ' ': ?,~' ,,,',.'., ,f:,, , ,';,, plant ~nager~ of the Water Watch Stage ~3 a~r~es~. Water Watch Stage ~ 3 (Continued) Advise wholesale cuatomers by telephone and attached letter The Director of Water/Wastewater Utilities may impose upon wholesale customers those water services or use restrlctiona which are permitted under City of Denton water contracts with wholesale customers and under State law. Town of Corinth - 817-497-435'3 Public Worke Director Lake Cities Municipal Utility Authority - ~17-497-2999 release water from l~ke ~y ~o~rts Rese~oir'to bring Stage # 4 Triggering Criteria: Total raw water supply in Lake Lewlsvllle drops below 503 feet or upon failure Of Water Watch Stage #3 restrictions to reduce · Water usage below supply Capacity as determined by either the Superintendent of the Water Treatment Plant or =he · Superintendent of Utility Yield Services. Actlone Available (aPplied locally and/or to ali custome , .necessa~ to recover conservation ~ .... . _ * rs, as ' ' A, The City Manger (ext. 8307) or the Executive Director of " U~llltles (ext, 8230) lnst~ctl the Dire-tot of .'-,':'::'. ~'.. c:"~.~%'.~.',:' - . , ~c=~on. ~n wa=i= u.e a. ~o11~=' ' .' Water Watch Stage # 4 (Continued) So Energy Information Specialist (ext. 8449) implements public information efforts to advise citizens of Water Watch Stage #4 including: 1o Issues press release to area media describing Water Watch Stage #4 and the water use restrictions under this stage: Denton Record Chronicle - 387-3811 / Lewisvllle Leader - 214-436-3566 UNT Dally - 565-2353 ~ Lasso - 898-2191 KDNT radio - 382-2552 KNTU radio 565-3688 KDNT television {Ch. 2) - 214-871-1390 Local Public Access T.V. (Ch. 25) - 566-2901 handouts, and other materlale ~uaong public access buildings add the community. C, By phon& and follow-up letter, notify major area plant managers of water Watch Stage ~4 and request .... ~ water use restrlctxone~ ~11 Univere~t¥ of Worth Texas - 565-275! Texas Women's University - 858-3131 "''" Acme Brick - 387-8612 " '' Peterbilt - 566-7100 .',. Tetra-Pek 565-8800 victor Equipment - 566-2000 Turbo Refrigeration 387-4301 . Ohio Rubber 387-0585 Joaten'e 387o8511 . Safety Klean 383-261! Sally Beauty Company 898-7~00 :'~'' D. By phone and attached follow-up mes~, notify ~he malor Cl~y depar~ent water ueerl of Water Watch s~age #4.and oZ'the, : inltructlonlr to immediately eliminate non-essential uses ~ lncludin~ street and vehicle vashin~ and.operational 'ir/.~,, ~ Account & Finance - ext. 8320 8ity Attorney - Parks i Recreation - ext. 8270 CO~O Znfo&ce. -.alt, 8420 Fire - ext. 8115 Custom,er aVG,-- ext. 8210 Public Works - ext. 6420 Electric Utll,- ext, 9497 L~ Police - ext. 8181 ~rage - e~t, 8430' Meter Reading - ext. 8464 . . [.'. , ,'; Water Watch Stage # 4 lCon~lnued) Advise wholesale customers by teleghone and attached letter Of the actions being taken by the City of ~nton in response like procedures among their customers. The Director of Water/Waste~ater Utilities may Impose upon wholesale customers those water services or use restrictions which are permitted undec City of Dent~n water Town of Corinth - 817-ag?-43S3 ~ubllc Works D/rector ' Lake Cities Municipal Utility Authority - 817-497-2999 lower intake ~tpe at Imke Lewisv~lle, Strongly encourage commercial washer/rise U,S. Corps of ~ng~neers -.214-434'-1666.,'- CITY OF_ DENTON, TEXAS ENGINEERING REPORT ON USE OF WATER RECLAMATION PLANT EFFLUENT AS A SOURCE FOR IRRIGATION PURPOSES OCTOBER, 1988 PREPARED f~Y UTILITIES DEPARTMENT WATER/WASTEWATER ADMINISTRATION AND ENGINEERING DIVISIONS ....... :-:,,.,., EXHtBIT III ADDEHDUM TO THE T pLANT pROJI:CT wAT£R RIGHTS AND PERI'lIT AMENDM£NT~ E F F L U E N T I R R I (~ A T I O N p ~ O J E C T WATER RIGHTS AND PERMIT AMENDMENTS APPENDIX C WATER RIGHTS ARGY~.,-' WATER SUPPLY C~JRPORATION P.O. BOX 17'4 ARGYLE. TEXAS 76226 / , ,? ,~ -,? / i ,l~ Ma P a nd state:Dent °f )tlatale. a t~. dJrect°e °( ut Jht~e$' 11164,4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, COM- PLYING WITH THE ORDER FOR INFORMATION BY REGION 6 OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AS CONTAINED IN DOCKET NO. VI-91-2641; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton discharges effluent under the au- thority of NPDES Permit No. TX0047180, issued by Region 6 of the Environmental Protection Agency (EPA); and WHEREAS, under the authority of the Clean Water Act, the EPA has initiated a Municipal Water Pollution Prevention (MWPP) pro- gram; and WHEREAS, to further the purposes of the MWPP, Region 6 of the EPA has issued an order (Docket No. VI-91-2641), requesting that the City issue this resolution; NOW, THEREFORE, , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: ~ That, in compliance with the Municipal Water Pollution Prevention Order For Information (Docket No. VI-91-2641), dated September 5, 1991, from the Environmental Protection Agency (EPA), requiring the completion and submission of an Environmental Audit for the Denton Wastewater Treatment Plant prior to July I of each year, the City Council informs EPA Region 6 that the following actions will be or have been taken to maintain compliance with NPDES Permit No. TX0047180: 1. That it has reviewed the Municipal Water Pollution Prevention Environmental Audit Report (attached to this resolution as Exhibit A). 2. That it has taken the following actions necessary to maintain permit requirements contained in NPDES Permit No. TX0047180, effective November 25, 1991: ~.,.. Completed an Uprating and Preliminary Design ~.~..Report for the Denton Wastewater Treatment ~.~i ~lant; b. Completed the Detailed Design and Specifica- tions for the Construction of Phase I (13 MGD) and Phase II (15 MGD) improvements required for permit compliance; c. Approved'an Engineering Construction Servicee Contract with Alan Plummet and Associates to begin construction of the necessary improve- ments at the Denton Wastewater Treatment Plant. EXHIBIT IV 3. That it will consider approval of an 1992-97 Capital Improvement Plan and Annual Operating Budget that will increase rates approximately 10% in FY 1993 and 25% in FY 1994 to fund the operation and capital expense of approximately $9.18 million for Phase I improvements necessary for permit compliance. SECTION II. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the __ day of , 1992. · BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 ALL00253 A RESOLUTION OF THE CITY OF DENTON, TEXAS DESIGNATING CERTAIN OF- FICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY OF DENTON IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPART- MENT, FOR THE PURPOSE OF PARTICIPATING IN CERTAIN GRANT PROGRAMS; CERTIFYING THAT THE CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSIS- TANCE UNDER SUCH PROGRAMS; AND DEDICATING THE PROPOSED SITE FOR OUTDOOR RECREATION USES. WHEREAS, the United States Congress has passed the Land & Water Conservation Fund Act of 1965 (Public Law 88-578) for outdoor recreation purposes; and WHEREAS, the Texas Legislature has approved Parks & Wildlife Code, Section 13.309 authorizing the State of Texas, and its poli- tical subdivisions, to participate in the federal program estab- lished under said Public Law 88-578; and WHEREAS, the Texas Legislature has approved Parks & Wildlife Code, Section 24.005 for the purpose of allowing the political subdivisions of the State of Texas to participate in the Texas Lo- cal Parks, Recreation & Open Space Fund; and WHEREAS, the City of Denton is fully eligible to receive as- sistance under these programs; and WHEREAS, the city of Denton is desirous of authorizing an of- ficial to represent and act for the City of Denton in dealing with the Texas Parks & Wildlife Department concerning these Programs; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton hereby certifies that it is eligible to receive assistance under these Programs. SECTION II. That the City of Denton hereby authorizes and directs the City Manager to act for the City of Denton in dealing with the Texas Parks & Wildlife Department for the purposes of these programs, and the city Manager is hereby officially designat- ed as the representative in this regard. SECTION III. The city of Denton hereby specifically autho- rizes the city Manager to make application to the Texas Wildlife Department concerning the site to be known as the "South Park" site in the City of Denton for use as a park site. That the "South Park" site will be dedicated upon completion of the proposed acquisition for public outdoor recreation purposes. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ay of ~,-~ , 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEB~ A. D~YOVITCH, CITY ATTORNEY Page 2 AAA00A61 A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $810,000 FOR THE CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has submitted to the Federal Aviation Administration an application for federal assistance for a grant of federal funds for a project for development of the Denton Municipal Airport; and WHEREAS, the Federal Aviation Administration has approved a project for development of the Airport consisting of the construc- tion of overlay and taxiway improvements; and WHEREAS, the Federal Aviation Administration has submitted to the city of Denton a Grant Offer in the amount of Eight Hundred Ten Thousand ($810,000) Dollars for the construction of such improve- ments, together with a Grant Agreement; and WHEREAS, the City Manager, in accordance with Sec. 8.07 of the Charter of the City of Denton, has requested that the City Council transfer $90,000 from the unappropriated balance of the General Fund to Accounting Code Airport Department Budget Account Code 100- 022-0019-8907; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the city of Denton hereby accepts the Grant Offer and agrees to comply with all of the assurances and condi- tions contained in the Grant Agreement, and the City Manager of the city of Denton or his designee is hereby authorized to execute such Agreement. SECTION II. That in accordance with Section 8.07 of the city Charter, the Council hereby approves transfer of $90,000 from the unappropriated balance of the General Fund to Accounting Code Number 100-022-0019-8907 and the expenditures of funds to fulfill the terms of the Grant Agreement. SECTION III. That this resolution shall become effective im- mediately upon its passage and approv, al. ~ A PASSED AND APPROVED this the~__ d~Y of ~_~, 1992. / NOTE: AGREEbIENT HAS BEEN AMENDED TO PROJECT NUMBER 3-48-0067-0?2 BY RESOLUTION R92-057 AND A COPY IS ATTACtlED. ! ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2 GRANT AGREEMENT FOR DEVELOPMENT PROJECT PART 1-OFFER Date of Offer: June 25, 1992 Project No. 3-48-0067-07 Airport: Denton Municipal Contract No. DOT FA 92 SW-8111 TO: CITY OF DENTON, TEXAS (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for Federal Assistance) dated June 24, 1992, for a grant of Federal funds for a project for development of the Denton Municipal Airport (herein called the "Airport"), together with plans and specifications for such project, which Application for Federal Assistance, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following-described airport development: Overlay RW 17-35 and Rehabilitate Taxiways and Aprc, n all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal Assistance. F~ Form ~00-~Z ~0-~g) O~ve~opment or No~se ~o~ Page 1 of 6 Pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90) percentum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $810,000. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursufint to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before July 31,1992 or such subsequent date as may be prescribed in writing by the FAA. 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, invoMng the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 10. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the ma~dmum obligation of the United States is adjusted to the amount specified. 11. The property map referred to on Page 1 of this Gnmt Agreement is the Property Map, Exhibit "A", dated September 5, 1981, attached to the Application for Federal Assistance attached to the Grant Agreement for Project No. 3-48-0067-01. 12. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications approved by the FAA on May 29, 1992. FAA Form 5100-37 (1049) Development or Noise Program Page 3 of 6 Pages 13. The Sponsor agrees to perform the following: 1. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: a. The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. b. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. c. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Material's standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). d. Qualifications of engineering supervision and construction inspection personnel. e. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria of tolerances perraitted for each type of test. f. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that the proper corrective actions, where necessary, are undertaken. 2. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those 'tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out-of-tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. 3. Failure to provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. 4. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test determine that sponsor test results are inaccurate. FAA Form 5100-37 (10-89) Development or Noise Program Page 4 of 6 Pages 14. Buy American Requirement. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition~ The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated material~ referred to in the foregoing Offer and does hereby accept this Offer an.d by such acceptance agrees to comply with all of the tern.ts a~ld conditions in this Offer and in the Project Application. Executed this-/~~ dayof [I ~ , 19~:L,~ 0 (/ CITY OF DENTON, TEXAS (Name of Sponsor) (SEAL) Title: __~~ Attest: ~ Title: ~ FAA Form §100-37 (10-~}) Development or Notse Prograra Page 5 of 6 Pages CERTIFICATE OF SPONSOR'S ATrORNEY I, { -~'~i~.)t2~ '%r'~'~ ;l ~,~D [/ ~+~/~ acting ~ Attorney for the Spo~or do hereby ce~: ~at in my opinion the Spo~or is empowered to enter into the forego~g Gr~t A~eement under the laws of the State of Texas. Fu~her, I have ex,ned the foregoing Gr~t ~eement ~d the actio~ t~en by s~d Spo~or rela~g thereto, ~d find that the accept~ce thereof by s~d Spo~or and Sponsor's offid~ representative h~ been duly authored ~d that the exertion thereof is in ~ respe~s due and proper ~d in accord~ce Mth the laws of the s~d State ~d the Act. ~ additio~ for grants invol~g proje~ to be c~ed out on proper~ not omed by the Spo~or, there ~e no leg~ impediments that ~ prevent ~11 peffosm~ce by the Spomor. F~er, it is my opinion that the s~d Grant Agreement co~timtes a leg~ ~d binding obligation of the Spo~or in accord~ce Mth the ter~ thereof. Dated at ~.~~ this q day of ~d.~' , 19~ FAA Form 5100-37 (10-89) Oe~elopment or Noise ~ograrn Page 6 of 6 Pages FEDERAL ASSISTANCE_ ~ ~/~ ~ 5000 ~rt R~d ~ ~l ~t. ~ ~x ~00 ff~ ~son ~nton, Texas 76205 (8~7) 383-7702 F~eral Aviati~ A~inis~ation ~erlay ~ ~k Rmy 17/35~ 08/o~/~2 o/~5/~2 25 : ~00,000 m~~~ ~ ~ger {8~7~ 383-7702 ~z~ for L~I Rept~ucflofl DEPARTMENT OF TRANSPORTATZC~ - FF.~ERAL AVIATION ADMINIST~ATION PART Il PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority I~atlng __Yes X No Item 2, Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board__ __Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-957 __ Yes -- No Item 4. Does this assistance request require State, local, Name of Approving Agency regional or other planning approvaJ? Date_ __ Yes × No Item 5. Is the proposed project covered by an approved Check one: State comprehensive plan? Local Reglonol __ Yes × No Location of plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? __Yes × .No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land __Yes X No Percent of Project Item 8. Will the assistance requested ha~e an impact or effect See instruction for additional information to be on the environment? provided. __ Yes × No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses __.Yes X No Farms Item 10. Is there other related Federal assistance on ~his See instructions for additional information to be project previous, pending, or anticipated? provided. × __ Yes No FAA Form 5100-100 (6-7S) SUPERSEDES FAA FORM 1100-10 PAGES I THRU ? Poge 2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVtATION ADMINISTRATION OMB NO. 04-R0209 PART il - SECTION C (SECTION B OHITTED) The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use.-The Sponsor has taken the following actions tv assure compatible usage of land adjacent to or in the vicinity of the airport: 1. Airport Height/Zoning Ordinances 2. Noise Compatibility and Compatibility Land Use Plans 3. City Annexation Programs 4. Co~r~ercial Zoning Around Airport 2. Defanlts.-The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern- ment relative to the development, operation, or maintenance of an)' airport, except as stated herewitl~: 3. Possible Disabilities.-There are no facts or circumstances (including the existence of effecth, e or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of 0endine litk, ation or other legal nroceedinos~, which in reasonable probability might make it impossible for the Sponsor to carry ou't and ~:ompl° ere the Project ocr provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 4. Land.-(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the f I' I property map oesignated as Exhibit "A' Attached to the Application for Federal Assistance attached to the Grant Agreement for Project No. 3-48-0067-01. Fee Simple Title: Parcels 1,2,3,4,5,6,C and D *State character of property interest in each area and list and identify for each ,:Il exceptions, encBmbmnces, and adverse interests of every kind and ~. ture, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (~-76) Page 3a DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following .... property interest in the following areas of land* on which sucb,construetion~c ...... work is to be performed, all of which areas are ~dentff~edon the aforement oned property map designated as Exhibit A (c) The Sponsor will acquire within a reasonable time, and if feasible pric, r to the completion of all construction work under the Project, the following propert_ y interest in the following_ areas of land* which are to be develo~_oed _ro .......... u.~ed a.~ hart nf esr in connectmn w~th the A~rport as tt wdl be upon completion of the ProJect, all of which areas are identified on the aforementioned property map designated as Exhibit "A": 5. Exclusive Rights.-There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except a.s follows: ~State character of property interest in ench area and list and identify for ench att exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, l~nses, etc. The separate ar~s of land need only be identified here by the area numbers shown on the property map. FAA Form 5100--100 (4-7s~ Pa~e 3b DEP,~,RTMENT OF TRAHSPORTATIO~4 · FEDERAL AVIATION ADMINISTRATION pART "1 - BUDGET INFORMATION - CONS~'~'ICTION SECTION A - GENERAL 1. Federal Domestic Assistance CataJog No ............. 20.106 2. FunctionaJ o~ Other Breakout .................... SECTION B - CALCULATION OF FEDERAL GRANT L!s~ only for revisions Total Cost C[asslfication Amount Latest Apl~O,~ed Ad iustment Requ,red An~unt ]. Admmsstrahon expense ~, 000 $ $4,000 2. Pfel,~unary expense 1,000 1 ,000 3. Lar:d,s~ructuros. right-al-way 4. Architectural engineering basic fees 6.5 r 000 !6.5,000 5. Other architectural engineering fees 6. Project inspection fees 46,000 i4.6,000 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals anG Businesses 10. Demolition and removal H. Construction and project impmvemeot '784,000 1784,000 12. Equipment 13. Miscellaneous 14. Total (Lines ! through ~.3) !5. Estimated Income (if a~plicable) t6. Net Project Amount (Line ]4 minus ]5) ].7. Less: Ineligible Exclusions 18. Add: Contingencies ].9. Total Project Amt. (Excluding Rehabilitation Grants) 900,000 )00,000 20. Federal Sha~e requested of Line 19 B1 O, 000 310,000 2!. Add Rehabilitation Grants Requested {]00 Percunt} Z2. Total Federal grant requested {Lines 29 & 21) B10 ~ 000 51 0,000 ~3. Gruntee s~are 90,000 90,000 2~. Othe~ s~aes 2S. Total project (Lines 22, 23 & 24) $900,000 $ $900~000 FAA From 5100.100 iS ~) SU.[RS~n'~S ~* ~O.: S~O0-,0 PAaeS ~ TH.U · Page 4 DEPARTMENT OF TRJ~4SPORTATI~N SECTION C - EXCLUSIONS CJas~,ificotlon InellgJb~e I~ Exc~ded from 26 (1) o. S $ b. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON*FEDERAl SHARE '27. Gr~tee Sh~,'eS90,000 a. Securities b. I~k)rtgages c. Appropriations (By Applicant) 90,000 cl. Bonds e. Tax Levies f. Non g. Other (Explain) h. TOTAL - Grantee share 90,000 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 90, 000 SECTION E - REMARKS For Prccyram Narrative, S~ Preapplication. PART IV PROGRAM NARRATIVE (Attach -- See Instructions) :AA Fo,'m 5100.100 IS-?)l SUPERSEDES FAA FORM $1OO-IO PAGES 1 THRU 7 Page 5 PART V ASSURANCES AIRFORT ~RS A. GENERAL 1. The$~ aasurnnce~ shall be complied ~'ith in thc performance of grant agre. ementx for airport do~elopment, airport planning. and not~ compatibility p~,ogram ~"ant~ to airport sponsors. 2. These a~suraneea a~e required to be submitted aa part of thc project applieatioe by sponsors requesting funds under thc provm~n~ of thc Airport and Ai~ay Improvement Ac~ of 19~2., as amended by thc Airport and Airway Safety and CapaCity Expans~on Act Off 19~7, or thc Aviatio~ Safety and Noise Abatement Act of 1979. As ut, cd hereto, thc term public agency spon~r means a public asency with control of a publi~-u~ airport; thc term private spon~r o~ncr Off a public-u~ airport; and the term spon~r inciude~ public ~sors and private sponsors. 3. Upon acceptance of thc grant offer by the a'l:xmsor, the~: aasuraneca a~ incorporated in and become part Off the grant agreement, L Ai~D,zvei~NnineCnmps~iityPl~ngtam~Umk:tt~mabyaPublieA~:nt-ySlmnsor. T~eterms, co~ditic~s and ~t~urance~ 04' thc grant agreement shall rem in full force and effect throughout thc ur, eful life of thc facilities dev~lopod or equipment acquired for an airport development or norse compatibility program pro, eot, or th~oughoot the ur, eful life Off the project item installed within n facility under a noise comfmtibility program pt~ but in any e~ent not to e _xceed__ t~,enty (20) yea~x f~am thc date of aa:~aeance of a grant offer of Fec~eral funds for the pro, ct. Hou~-ver, thctz shall be no limit o~ thc duration Off thc a~urance against ezclu~,~ rights or the tem~, condition, and a~urances with re~pcct to re. al px, o~erty acquired with Fe~rnl fund~ Furthermore, the duration of the Ctvil pen,~epa 1 ~ =laafie~ to · I,~te ~aot e.~¢~ that the u~eful life of p~ject itema ~ .ithie · facility or the u~ful life of fncilitiet developed or oquipment acq~ under an airport ~k¥~eat or be no less than 10 yea~ f~m the date of the ~nee of Federal aid for the 13, 18, 30, 32, 33, 34, nnd ~6 in Seetkm C appky to plnnning projects. The temm, condition~ and assurance~ of the grant agreement shall ~main in full fove~ and effect durin$ thc life of the proje~. C. SIaONSOR C'J~JliqCA'IION. Thc spoor, or heteA:,y a~urea and c~ttifies, with t~ct to this sa'ant thac L General ~ l~luieenlmn~ It ~ comply with all applicable Federal Im~ ~gulation~, cxeeufive or, ets, potit'i~, ~uideline~ and requL~ments ns ~ ~late to thc app~ation, nceeptanee and ~e of Federal funds for this ~ inclndin8 but no~ limited to the foBowin$ a. Federal Aviatioe Act of 195~ - 49 I~'.S.C. 1301, ¢._~t r,~eq. b. Davi~-Bacon Att - 40 U~C 2'M(a), ct seq.' c. Federal Fair Labor Standards Act of 19~ - 29 U.S.C. 201, d. Hatch Act - 5 U.S.C. 1501, et se~l.a ¢. Uniform Rekx:ation ^,~.k.~,~:~ and Real l~rty Acquisition Poliek~ A~ of 1970 - 42 U.S.C. 4601, e._~t se.q.' "~ f. Natio~l Historic p~c, etvatiee Act of' 1966 - Section 106 - 16 U.S.C. 4'~(0.' A~chcok~ and Historic Pteset, vatioe Act of 19"/4 - 16 U.S.C. 469 tl~oug;h 469C.I h. Flood I)it,~'tcr Ptoteetioa A~t of 19T3 - Set'tioe 102(a) - 42 U.S.C. 4012a.' i. Rehabilitation Act of 1973 - 29 U.S.C j. ~ Rights Act of 1964 - Title I/I. 42 U.S.C. 2000d tluough d-4. k. Aviatioe Safety and Noise Abatement Act of 19'79, 49 U.S.C. 2101, ¢_.!t seq. L A&e Disctlmination A~t of 197'3 - 42 U.S.C. 6101, et seq. m. A~chitectutal Barriers Act of 1968 - 42 U.S.C. 4151, et r~l. n. Airport and ~ Improvement Act of 19~2, as amendud - 49 U~C 2201,,.~ seq. o. l:'o~et1:4ant and lndust~al Puel Use Act of 197~ - Secti°e 403 ' 2 U'S'C' 8~3' p. C~etract Work Hours and Safety Sm~la~s Act - 40 U.S.C q. Copetand Anfi~,tback Act - 18 U.S.C. 8'74.~ r. Natioeal ~tal Pofiey Act off 1969 - 42 U.S.C. 4321, et r, eq.~ s. Endangered Specie~ Act - 16 U.S.C. 668(a), et___._.~.: t. Single Audit Att o~ 1~ - 31 U~.C 7501, e_.t ~eq. u. Dtu$-Ft~e Work,ce Act of 19~8 - 41 U.S.C. 702 tbt~ush 706. v. Aviation Safety and Capacity Expansioe Act of 1990. Executive Order 123T2 - Intergovernmental Review of Federal Programs Exeeutiv~ Order 11246 - Equal Empk~n~ent Opportunity~ n. 49 L:t't~ Pnrt 18 - Uniform Admini~trati,~ R. equix~ments for Grants and Cooperath~ A&reements to State nnd Local C.~vern mcntr,.: b. 49 C~R Part 20 - Rcstfiction~ or Lobbyin$ A~rport Ar, aurances (7-91) Pag~ 1 of 9 PP-A-I' c. 49 ~ Part 21 - Nondic~rimination m Federally-A~t~ted Program~ of t~ ~ment of T~tion - ~t~on of ~tle ~ of the C~l ~ A~ of d. 49 C~ Pa~ ~ - Pa~t~ by Mmo~ B~in~ ~te~ in ~nznt ~ T~t~ P~. e. 49 ~ Pa~ ~ - Umfo~ ~t~ ~ ~ ~1 P~ ~u~it~ ~t~ for F~I a~ F~e~lly f. 49 ~ Pa~ ~ - ~-D~mi~ti~ on the ~ ~ Handi~p in P~m~ and A~ti~ ~ng or ~fiti~ ~ 49 ~ Pa~ ~ - ~n~ ~ ~ V~un~ ~1~ h. 49 ~ P[H ~ - ~ ~ ~bl~ Wo~ ~t~ to Su~ ~ ~ a~ ~ ~ ~nt~ ~t ~ny P~mcnt Manet ~ to U.S. ~t~o~ ~ ~ Pall I - P~u~ for P~te~i~t~n ~ Wa~ ~t~~ ~ ~V~ Pa~ 3 - ~nt~o~ or ~t~o~ ~ ~bl~ Buildin~ or ~bl~ Wo~ ~n~ M ~ or Pa~ by or O~nm f~m L ~ ~ Pa~ 5 - ~r ~ P~ A~bM to ~t~ ~ring F~eml~ ~ and I. 41 ~ Pa~ ~ - O~ ~ F~e~ ~ ~ia~ P~ ~ ~pl~ent ~uniW, ~ment ~r (F~ml and F~m~t~ ~ntm~ing m. 14 ~ Pa~ ~ - ~H ~ ~tibili~ a. A~- ~ Pfi~ ~b~ to ~ ~ ~ ~th ~te and [~ b. A-I~ - A~i~ ~ ~te ~ ~ ~m~n~~ ~~a~m~te~ '49 ~ P~ 18 ~ O~ ~ A~ ~ ~ui~mn~ f~ ~te arm ~ ~n~ ~ F~ ~. ~y~u~mnt ~u~ ~te~~n~t~~~ a~l~b~ to p~te ~m ~ F~ ~ u~r t~ ~tt ~ ~y ~p~mnt ~ a~. S~f~ ~ ~u~ to ~ ~ m ~t ~mn~ ~ any ~ t~ a~ ~ ~ or ~ ~ ~mt~ by ~fe~ M t~ ~t ~nL t ~~~ lt~au~toa~for~R) f~~t~p~ mt a ~u~ ~ ~ ~ ~ ~ ~n du~ ~ ~ ~ ~ ~ ~ ~ t~ a~t's ~ au~ng ~ filing ~ ~ ~ ~i~ ~ u~ ~ ~ ~tn!~ t~ ~ d~ ~ aut~n~ ~ ~ ~n~ ~ ~ ~n~~t to~ ~ ~~ a~ ~ to ~ ~ ~ ~ ~ ~ ~ ~u~ ~th ~ te~i~~t~t ~nt. It ~~~nmt~ ~ M ~ting d~ ~ aut~ ~t ~ to f~ t~ a~, ~ing all un~M~ ~ ~tai~ t~ to ~ M ~ ~th t~ a~; ~ to p~ s~h ~it~ i~mt~ ~ ~u~. ~ ~~A~. lt~nt~b~f~t~t~~~~ the UMt~ ~t~. It ~ ~nt ~ ~i~b~ to ~ ~m~ ~ mMte~ ~ item ~ u~r t~ ~t a~nt ~h it ~H ~ or ~t~. 4. t It ~ ~ ti~, M~o~ to ~ ~, to t~ ~ ~ ~ ~ ~d~ or ~te the~, ~H ~ ~u~ ~ to t~ ~ ~t ~ fi~ ~ ~ to t~ ~ to mt ~m ~ t~ p~ ~ ~ F~ ~ ~H ~ ~ ~ ~ ~ ~ to a. At~H~eor~t~y~~mte~it~y~t~~m~t° ~dom ~y or ~ ~ t~ te~ ~i~ ~ ~ m ~ ~t ~mnt ~t ~ ~nen a~ ~ t~ b. It ~ ~ ~IL ~, e~r ~ ~ t~er or d~ ~ ~y ~ ~i~ fit~ ~ ~r M~ M ~ p~ ~ ~ibit Atot~a~, f~a ~fib~W~p~ ~t ~~ ~h F~ ~ ~ ~n e~ f~ ~ dumt~ ~ t~ te~ ~t~ ~ ~ M t~ ~t ~nt ~t~ta~t~m~. Rt~t~¢~f~t~to~elisb~u~rt~~Y Imp~mnt ~ ~ 1~ to mm t~ ~ ~ t~ ~t ~nt a~ to ~ ~ ~r, aut~, fi~ ~ to ~ ~t ~ ~ ~l~ ~ ~r ~ll ~ M the ~t~ or ~mnt t~e~ or d~i~ ~ t~ ~ Mte~, ~ ~ b~ u~ t~ ~e~, MI ~ t~ te~, ~i~ ~ ~u~ ~ in ~ ~t ~mnt /Mt'pon Aasurance$ (7-91) Pag~ 2 oi' 9 PP-A-t c. For all noise compatibility prog~m projects which are to be carried out by another unit of local ~,overnment or are on property o~ned by a unit of l(x:al government other than thc sponsor, it will enter into an a~emeflt with that ~c~.cmmcnt. Except as o~herw~,e R0emt-~d by thc Set. tat7, that ag~,~emera r, hall obligate that government to the same terms, co~dition~ and a~uren~c~ that ~vld be applicable to it if it ap~ied dire~ly to tha FAA for a ~mnt to undertake thc norse compatibility pro.-am pro~. That ag~c. emcnt and chan~ thereto mu~t he sati~ucto~ to the Secretary. It will take steps to enforce this ~reement again~ the lo<~l ~vernment if there is substantial noneomphanee with the term~ o~ the ag~,eement. d. For norse compatibility pro~pam projc~-~ to be carried out o~ privately owned pro~rty, it wOl enter into an a~reement with the own, er of that pn~pcrty which inciude~ provisions ~"ified by the Se~tery. It will take steps to enforce this a~.cmcnt against the p~pcn~ owner v/nenever there is sul~tantial noneomplianee with the terms of the aglnement- ¢, If the spo~r is a private spcx~or, it ~'fll take steps satisfa~to~7 to the Sccretat7 to ensure that the airport ~1 continue to function as a public-use aixport in acco~danee with the~ assuran~s for the durat'~o~ of these a~urance~ f, If an arrangement is ma~e for maa~ment and ogcration of the airport t~ any agency or pc~ other than the sponsor or an employee of the stx~sor, the sponsor will rc~=rvc sufficient right~ and authority to ensure that the airport ~ill be operated and maintained in accordance with the Airport and Air.ay lmpn:~,cment Act of 19~2, the re~ulat~on~ and the term~ coalitions and aasuran~s in the ~Tant M;rnemcnt and shall ensure that such arrangement ~ ~quire~ complianee therewith. 6. C. mssisecn~ wi~ [xn:nd ~ The I:~ojcct is ~asoeably cons~tent with plans (exi~ing at the time of submission of this application) of public agencie~ that a~ anthotm~l by the state in v~ich the pro.ct is k~ated to plan for the ~'~lopment of the ama su~ndin~ the ai.-,~.~,.. For no~ compatibility prosrsm projects, other than land n~luiaitioe, to he carded out on property not owned by the ~ and o~r ~i~ property sa~Xl~r Public agency has land u~e coat'm~ or authority, the ~3ol~or ~ll O~tnln from ~ such a~ncy a wrirten declaration that such ageney supports that proje~ and the project is reasoeably con.stent with the a~ney's plans re~a~din~ the preperty. 7. Conside~atinm ~' Loml ~ It hns gi~n fai~ conskleration to the interest of communities in or near ~nich the project may he kx:ated. 8. ~ ~ ~ In maldn~ a decision to under,hire any ~ development p~ject under the Ai~ort and Airway Impn:w~ment Act of 19~2, it has undertaken reasonable ax~ultations with affected partle~ nsin~ the ai.-port at which the 9. Pub~Han~n~s. Inpt.~jecteinw:~vin~thekx:a~nofanaitp~rt~anai~xxtrunway~ramejormmmyextenskm~ithas afforded the o,,~.,.,~u~ity for pt~blic hea~i.? for the porlx~e of con,tiering the economic, ~ and cnvbonmental effc~la of thc airport or runway kx:atioa and ia con~tcney with the goals ned objccti~ of such plannin~ as has been carried out by thc community. It shall, when reqt~tud by the Sec~tary, submit · ~ of thc transcript of such hearin~ to the Several. 10. Ah' and Wa~, ~ Slamdnn~ In pm~s ~ airport Io~tio~ a major runway extension, or runway location it pn:wi6e for the Governor of the s~ate in ~aich the pm~ct is located to certif~ in ~tin~ to the Scc~te~ that the pm~'t will be located, de~ignud, cons~.u~ed, and operated so as to compty with applicabl~ air and water quality standards. In any case whe~ such standa~s have not been apt~rovcd and where apgikable air and water quality standa.~ds have been promulgated by the ^dmini~trator of the ~ntal P~otection Asen~, certification ~ he c~tained ft, om such Admlni~trator. Notice of certif'~:ation or refusal to certif7 shall he provided within sixty days ,~ter the project application has been t~eived 1L ~ Aplnmut In p~cts [nvoh'in~ the construction or extcn~xt of any ru~wny at any general aviation airport kx:ated astride · line sep~'ating two covnfies within a ~ ~tate, it has ~ apgt~l for the project from the ~ovcming body of all ~ ineot'porated under the ~ of that stnte ~ arc k~ated e. nfix~ly within f'tv~ miJca of the nearest bovnda~7 of the airpor~ 12. Te~mim~ ~ ~ For ptx~x~ wifich incl~le termitml d~elopm~nt at n l~blic ~ it h~, on the a*te Section 612 of tl~ F~lerll Av~fio~ ~ of 19~ and all th~ aecurity ~q~,~nt mqui~d by rule or regulafiot~ and hea ptov~exl for ~ to th~ pm~n~r enp~g ~ dep~h~ ate~ of such aiv?ort to ~ng~r~ enp~ning or ~ from aivc~mft other than air carr~r ~ ~ It ~ ke~p ~il pt~t~c't acco~a and re~:ort~ vafich fully diac~ the amount and dh~x~itio~ by the r~ient of t~ pn:~..eds of the grunt, the tmal ,.~,,t ~' tl~ pm~ect in coanecti~m with whick thc ~'ant is given or uasd, and the am°unt to the proje~. The aa:ounts and ~ shnil be kept in aceordanee with an ~v,~,untin~ system that will facilitate an effective audit in aco~lane~ with the Single Audit Act o~ b. It shall n~ke nvailable to the Se~ta~- and the Compt.mlkr Genend of thc United S~ates, or any of thei~ duly authoriz~ rep~,-..~entat~v~, for the put'lx~ of audit and ..,~mlaati~t, any books, docvments, papers, and records of the ~ient that are Puttinent to the grant. The Secreta~ may require that an &pt~,op~nte audit be coeductod by a recil~nt. In any cede in which an independent nndit is made of the _-,',~n~ of · slxmsor relat~ to the dislx~tioa of the ~ of a ~ant or retatin$ to thc project in coane~k~ with which the g~nt was given or ~ it shall file n certified copy of such audit with the Comptroller General of the United Stete~ not later than 6 months following the dose of the ~ yom' for which the audit was made. .~drport Asxurancex (7-91) Page 3 of 9 PP-A-I 14. l~l~ Wa~ Ra~e~ It shall include, in all contrnc~ in exce~x of ~,~ for ~ on any p~ fund~ under ~e ~nt a~mcnt ~h m~ ~r, p~ ~tabl~hi~ minimum mt~ ~ ~, to ~ p~tc~ by ~r, ~n ~ ~th t~ D~ A~, ~ ame~ (~ U.S.~ ~-~-5), ~ ~t~o~ ~11 ~y to ~1~ and u~ll~ la~r, a~ s~h minimum ~t~ shall ~ s~t~ in the in~ti~ for b~ and s~ll ~ i~l~ in p~ or b~ for the ~ ~. V~ ~ It s~ll i~l~, in all ~nt~ for ~ ~ any p~j~ fu~ under the ~nt a~nt m~ ~r, s~h p~ ~ a~ n~ to e~ t~t, in t~ em~ent ~ ~r (e~ ~ e~, ~m~t~, ~ 5~(c~1) a~ (2) of the ~ ~ ~y lmp~nt ~ ~ 1~ H~r, t~ p~fe~ ~H a~y only ~e~ t~ i~ s~ ~i~ble ~d q~lifi~ to ~o~ t~ ~ to ~h t~ em~nt t~ ~. ~h p~ ~Y~t~ ~ ~u~ ~11 ~ s~mi~ to the ~ p~r to ~nt ~ site p~t~, ~t~ or ~r ~H~ u~r th~ ~t ~n~ ~M, u~ a~f~ ~ subj~ to a~ ~ t~ ~ ~ i~mt~ ~to t~ ~t 17. ~ ~ ~ ~ It ~ p~ ~d ~ ~tent t~hni~ su~ at th~t t~ p~ to mu~ ~t t~ ~ ~o~ ruth t~ ~ ~t~, ~ ~u~ a~ ~for t~p~ lt~~~~YP~~ ~ ~a~~a~ to i~ ~ a~ ~ t~ ~ ~ ~ ~ ~ ~ ~ ~ ruth ~t~ ~ p~u~ p~ byt~. ~h~~p~u~u~~P~~ng~ d. It ~ ~ ~ mte~ ~ for ~ ~ ~ ~ ~ ~ t~t ~ m~ pi~ ~th th~ ~ ~ ~ sub~ to ~t ~ ~ Unit~ ~t~ ~ ~y ~r ~t~. e. It ~1 ~ ~ ~ u~ nut~ to ~ d~, ~me, ~ ~ ~ ~y ~ ~ mte~ p~ ~ ~ ~th t~ ~ su~t~to~~th~~H~t tod~t~p~ p~ ~ h. I~ u~ ~ ~ ~ ~ ~ a~ ~ ~ P~ ~ or ~ ~i a~ (3) P~ ~ ~ ~ ~Y ~i~ ~ ~u~ ~ ~ ~ ai~m. Atrport Assurances (7-91) Pag'~ 4 of 9 PP-A-f b. It ~,~tl suitably operate and maintain noir~ compatibility pro,ram items that i~ ~ or ~nt~ u~n ~ich Fede~l fun~ h~ ~en ~ndcd. ~. i~ ~~ It ~ll~e a~te ~ to~u~ t~t s~ te~i~ai~ ~ ~ ~ui~ top~ ~t~ment a~ ~ ~t~ to t~ ai~n (i~l~mg ~bl~ minimum fli~t alti~) ~11 ~ ~te~ cl~ and p~ ~ ~m~n~ ~ ~tin~ ma~n~ o~ ~i~ting or ~ o~iti~t~n& e~ti~ ai~n ~ and p~nting the ~bl~h~nt or ~t~ ~ fu~u~ a~ h~. ~ ~ ~ ~ [~ ~U ~ke a~t~ ~n, includin8 t~ a~ ~ ~iag ~ to the ~cnt ~ble, ~t~ the ~ ~ ~ ~j~nt to o~ ~ the im~c ~ni~ ~ t~ ~n to a~t~ ~ ~ ~tib~ ~th ~1 ai~ ~t~ ~l~in~ ~& ~ ~k~ ~ ~. In ~i~1, · t~ p~j~ ~ for ~ ~bili~ p~m ~m~n~t~, it ~H ~ ~ o~ ~it any ch~ in ~ ~, ~thin i~ ju~, t~t ~ ~ t~ ~tibih~, ~th ~ to the ai~n, ~ t~ ~ ~tibili~ p~m m~u~ u~n ~b F~ ~n~ ~ ~ ~ .... a. ~t ~11 ~ke i~ ~ ~abk u ~ ~ for ~b~-~ ~ f~ ~ ~bie te~ and ~th~t unj~ d~mi~t~, to all ~ ~, ~ c~ ~ ~ut~ ~ b. ~n any a~et, ~t~, ~ ~ ~t ~nt u~t ~h a ~t or p~ at t~ ai~ ~ ~nt~ ~o any (2) c~ f~, ~, ~ ~ ~j~ d~m~ p~ for ~h u~t or ~, p~, t~t t~ ufil~ t~ ~ ~ ~ f~ ~ ~ t~ ~n f~ ~o~i~ ~ ~ ~ ia ~ ~ ~t~ ia ~ em~ (~u~ but ~ ~ for ~ ~e ~m~ ~ ~ or ~ ~ ~ ~ ~ ~ ~ ~t~ ~ ~ ~~ lt~t~ ~t f~t~~y~~~te~t° p~,~u~~t~. For~~a~ep~!~at~a ~n~ but ~ li~t~ to c~er ~ ~ t~ini~ ~ ~n~ ~ ~i~ ~ ~, ~ d~ ~ any ~r ~t~ ~h ~ ~ ~ di~ ~t~ to ~ ~m~ ~ ai~c~'~ ~n ~ ~ m ~ ~ut~l A~ ~um~ (7-91) Pa~ 5 ~ 9 PP-A-i Fcc m~d Realal SOuctu~.. It w~ll maintain a f~ and ~ntal st~u~ ~ten[ ~th ~u~n~ ~ and ~, for thc fadliti~ and ~ ~lng p~d~ the ai~d ~ ~h ~11 make t~ ai~ ~ ~f~taining ~ ~b~ u~et the o~u~ c~tmg at t~t ~l~iar alan, m~ng into a~unt s~h f~o~ u thc ~u~ of ~ll~on, No ~n ~ t~ F~ml ~ ~ an ai~n d~cnt, ai~n ~nnin& or ~ ~biU~ p~ for ~h a ~nt ~ made u~r the ~ a~ ~y tmp~mcnt ~ ~ 1~, t~ F~ ~ ~ or t~ ~ ~ ~y ~ment ~ ~ 1~ shall ~ i~lu~ in t~ ~te b~ in ~b~hing f~, ~t~, a~ c~ for ~ ~ t~t ai~n. ~ ~ If t~ ai~n · u~r t~ ~nt~ of a public a~, ~1 ~cn~ ~nc~t~ ~ ~ ~at~ f~l ~b~ ~tcr ~m~r ~, 1~, ~11 ~ c~ ~ it for the ~ or ~t~8 ~ ~ the ai~; thc ~1 ai~ ~tem; or ~t ~ f~it~ ~h a~ ~ or ~e~t~ by t~ ~t or ~tor ~ the ai~ and di~ ~ ~nt~l~ ~t~ to t~ ~ ~ t~ti~ ~ ~n~. or p~ or for ~ ~t~t~ pu~ ~ or ~ the ~. P~, ~r+ that if ~ or ~u~ in ~bt ~li~t~ ~ ~fo~ ~cm~r 3, 1~ by thc ~r or ~tor ~ t~ ai~n, ot p~ c~ ~fo~ ~p~cm~r 3, 1~, in ~ming s~tut~ ~nt~Ung t~ ~t or ~toCs fi~ p~ for t~ ~ ~ the ~n~ f~ any ~ t~ ~ ~r or ~toCs f~it~ i~l~8 t~ ~, to ~ n~ ~ thc ~ but a~ thc ~ ~r o~ ~toCs ~nc~ dcbt ~li~t~ or ~r f~t~ t~n th~ ~mi~t~ on the ~ of ~1 ~nu~ ~ne~t~ ~ the ai~ (and, in thc ~ of a publ~ ai~, ~1 ~ ~ ~at~ f~l) s~U ~ a~iy. ~m~ my ~b~ ~. For a~n ~nt p~ it ~ ~ ~ke t~ a~ a~ ~1 ai~ ~ and d~men~ ~i~ t~ ai~, ~Lng ~ ~, ~t~ ~ ~ ~n~ ~t~ ~ ~r ~t~mcn~ ~i~bk for i~ ~ ~y du~ aut~ a~nt ~ t~ ~ u~ ~b~ ~. For ~ ~tibili~ p~ p~ it ~ ~ ~ ~ ~ ~n~ ~ti~ to ~ p~ ~ ~t~ ~ ~ t~ te~ ~b~ for ~ ~ ~y du~ au~ ~nt ~ t~ ~ u~ ~b~ ~. ~ ~ ~ t~ ~bk f~ ~ing ~ ~ ~ ~ ~ t~ U~t~ ~t. for ~ ~ for a ~bk ~ p~ to ~ ~, for ~ ~ ~ ~m~ ~ ~tnining an ~ ~ ~nt ~.~ ~ ~ ~ to e~ ~n ~m~ ~ s~h ~ t~ ~ ~ t~ ~, ~M u~u~ ~te~e~ ~tb ~ ~ t~ ~ ~ ~ ~r au~ ~, or dung ~y t ~ (5) ~ ~ ~nt ~ ~ ~ ~ at ~ ai~ ~ on ~ ~nt t~to; b. ~ t~ numar ~ ~n. (~6-g ~b ~. a ~nt) ~ ~nt a~ ~ ~mu~ ~t ~ ~nt ~c,~ ~ t~ ~ (~ t~ ~n. ~ ~nt ~ multi~i~ ~~~ lt~~t~tot~F~~ent for~ ~t~ or ~t ~ ~t~ or ~t~r-~ ~ ~u~ ~ ~t~ to ~ t~ ~t~, ~y a~ ~ ~ ~ ~tet, ~ ~te t~ ~ ~ ~ bu~ ~ t~ ~t ~ t~ ~m~ ~ ~ or ~bk for ~, ~t~, ~ ~te~ at F~ c~ ~ ~ or f~U~ for ~h ~ ~ ~ or ~y ~ t~ ~1 ~ ~ ~bk ~ p~ ~in ~th~ f~t ~ ~er ~i~ a. It ~llk~to~teat~~t ~~~(1)~ p~ ~i~ ~t~ t~t ~th t~ ~ ~ ~ ~te ~ ~ ~ ~t~ ~ t~ ~ for ai~ ~ ~ p~ ~i~ t~m; (2) t~ ~ ~ ~m~ ~ ~ e~ ~ ~ ~ f~t~ ~ ~ (~ m ~ ~ a~ tc~ bu~ ~ ~ ~), c~e~ ~ ~ ~ e~ ~ f~t~ ~ (3) ~ ~ ~ e~ aut~ ~n~ ~ t~ ~ ~ t~ f~ ~ t~ ~ ~t ~. ~ ~y c~ ~ Mtem~ ~ t~ ~n ~ ~ ~ ~ i. f~i~ ~ ~ ~ ~ ~fo~ ~ t~ ~ ~t ~n ~ a~ ~ ~ ~ ~ ~ ~L ~ t~ ~ ~ t~ ~a~, ~ ~ ~ ~c~, ut~, or b, If a c~ ~ ~tem~ ~ ~ ~ or i~ f~ ~ ~ ~ ~ ~ ~te~i~ ~ ~ t~ .fe~, ~o~ ~th ~ a~ ~t ~. ~ ~ t~ ~, ~ ~r ~ ~t~ ~ E ~ ~ t~ ~m~ (1) e~te ~ ~ c~ ~ a ~r a~-~ ~ ~ ~m~ ~ (2) p~ (or ~nt ~ to a site ~bk to t~ ~ ~ aU ~ ~ ~nl t~ to t~ ~1 ~ ~c~, ut~, cff~, ~ ~ ~ ~mt~ c~ ~fo~ t~ u~ c~n~ in t~ ai~ or i~ f~ A~rporl A~urancea (7-91) Page: 6 of 9 PP-A-I 30. Civil ~ It wall comply with such rules as are promulgeted to assure that no p~rson shall, on the ~j~un~ of rao~, color, national origin, sex, age, or handicap he excluded from participatin~ in at~y activity conducted with or bencfitittg from funde rex~ivcd from this grant. This a~uranc~ obligate* thc spo~or for the p~riod durin~ which Federal {'maacinl t~ extended to the pro,ram, except w~ere Federal financial as~tan~e is to pro. ire, or is in the form of pemonal property or real p~,perty or intcmat therein or structurm or tmptx~,~ments thereo~, in Mtich case the mumnCe obli~at,''~ the ~or or any transfe~ for the Io~g~r of the following periods: (a) the peri(id during which the property is used for a purp~ for ~nich Federal financial as~stance is extended, or for another purpose invo~ng the provision of similar serv~ce~ or benefits or (b) the period during ~hich the sponsor retains O~T~tship or Ix~a~io~ of the property. a. For land purchased under a grant for airport noise compatibility purp~,~, it will, when the land is no kntger ne~led for such purposes, dm[x:w~ of such land at fair market value at the ~a['fl~a't pra~icable time. That portion of the pmcned~ of such d~X~itioa which is pro~ort~nmte to the United States share of the c~;t acquisition of such land w~l, st the dt.sc~t~o~ of the Secretary, (l) he paid to the Sec~tary for deI:x:~lt in the Trust Fund or (2) he reinv~.sted in aa no~e compatibility project as pr~m'~bed by the S~tat7. b. (1) For land purehased under a grant for airl~rt de~n:lol~ment (other than ~toise compatibility) purpoo~, it will, when the [and is no Io~ger ~ for airport pur]:x~es, dU~0ose of such [and at fair market value or make available to the S~:retary an amount equal to the United States proportionate share of the fab' market vaine of the land. That portion of the ptn:n:eeda of such diRx~itioa ~d~ch is pmpoftioaate to the United Statm sham of the ~ of a~luisitioa of such land, WIll, (a) upoe ap~icatioa to the Sec~taxy, be ~im,n~ed in an<xher eli~ble improvement pm~=ct of pm~c~ ap~,~n~d I~' the Secreta~ st that nit~rt of within the natio~l airport ~3~tem, or Co) be pakl to the Secretary for delx~t in the Truat Fund if no such eligible pm~t e~isla. (2) Land ~ be coe~letnM m be needed for aiqx~t putl~o~e~ under thi~ a~umm~ if (a) it may be ~ fof aeronautical l~rlx~ea (inclndin~ runway ln~Xecfioa z~ne) or se~ as noise buffer land, and Co) the ~'v~nue from interim ~ of ~ land coetribute~ to the fiaaac~ seff-~ufl",~eacy of the airgort. Further, land putcfu~ed with a ~raat ~iv~d by aa airport ogeratof of cheer before December 31, 1987, will he coa~demd to he needed for operato~ of o~ner of the uae of such ~ did not object to ~u~ uae, t~l the rand coatinuas to be used fof that c. Dislx~tioa of mb land under (a) or Co) ~ll be sublet to the retention of reservall~a of any inte~ or right the~ie ne~easary to emmre that ~ land ~ only be ueed fof pu~ ~ at~ compatible with noise lev~b a~.-iated with the o~ratioa of the 32. ~a~l Desi~ Sm~:m. ItMll m,ra~xl ¢.ach coatra~t, of mbcoatract for pm~am numa~ment, com~,-w.nk~ mapping, of related serv~c~ with rust. ct to the pt~cct in the same manner as a contract for architectm'al and e-~,~ering servicea is nego0ated under 'I~tle IX of the Federal Pm~rty and Adminiat~adv~ Setvi~a Act of 1~9 of aa equivalent qnalif'~ation~ba~d reqnixement preset/bed for or by the sponsor of the aixl~oft. 3G. ~ Ma:d~ Resttic~m. it will no~ allow funda p '_ron64~___ under this grant to be ~ to fund any project which urea any product or service of a foreign co~ntry during the peh~xl in which each foreign coontry is li~ed by the United States Trade Representative as denying fair and equitable nau'het opportunitiea fof products and supptlem of the United States in procurement and comaruction. 34. iaolici~ ~'""a S~a:iramtieaa. It will carry out tbeproject in accotdancewith polk'i~ ~ aad specif'a:ations approval by the Se.c~tsry inclndin~ but not limited to the advisory cixculats lialed in the 'Current FAA Adviaory C. irculam for AIP Pmject~ dated l~dna~y 16, 1991, and in~, _~'~ in this ~raat, .~4 in ac~=tnlanee with applkable state puticiea, :15. lltlm:adima amd Real ~ Aeqnsisilinm. (1) It will be 8~ded in aequitin~ ~ pmpe .r~.., to the ,~eatest extent practicable under S~ate law, by the land aequisiti~ ~ in Subpart B of 49 ~.2FK Part 24 and will ~ of remtbume paoperty for ne~aan~ e~t~nsea as ~ in S~bpa~ B. (2) It will provi~ a tekx:atioa -~*,~m:e program offerin~ the deacn~oed in Subpart C and fait and ~easomble ~kx:atioa payments and ,,--a"anco to disl~ced pert,~as as ~tuired in Subpatts D and E of 49 ~ Pa.q 24. (3) It will make available within a reasonable period of time p~of to comparable 1...-placement dwellinss to displaced persons in acco~daaco with S~bpart E of 49 ~JFR Part 24. 36. Dru~Pme Wodq~a~ It will p~,,ide a dmg-frne *nn~:ptace at the site of ~rk specit'~d in the grant application in accordance with 49 ~JFR Part 29 by (1} l~bli~in~ a statement notifying its cml:4Oynes that the unlawful manufacture, disttibutio~, dispen~n~ i)n~,esaion of u~e of a cootmfled sub~tam~ is p~bibited in the spomor's v,.oflq)~ce and specifying the ~ t~at will be taken n~i~t its eml~ for violation of such prohibition: (2) establishing a d.~g-ft~e nwa~eneas pn:)~ram to inform its eml~ about the dan~ of drag abuse in the wo~3~la~e and any avniinble drug counselin~ rehabilitation, and cml~ ~ p~m~ (:3) notif~ the FAA within ten days after rc~iving notice of an cmF4o~ cr~min~ d~ ~ltute colD~ction roi' a v~o~ation occur~ng in the ~tt~: and (4) making · geod faith effort to maintain a drug-fmc Airport Asaurancea (7-91) Page 7 of 9 PP-A-1 CURRI~qT FAA ADVISORY CIR~ FOR Alls PR~ I~t~: ~ February 26, 1992 70/7460-10 Obstrucl~o~ MarkJng and Lighting 1.93/5100-14B A~:hitec~ural, EnlP. neering, and Planning Consultant Services for Airport Grant pro~_cts ClIO 1 150/52~0-30 Airport Winter Safety and Operations ClIO 1 & 2 150/5210-5B Painling, Marking and Lighting of Vchicl~ 1~3/$210-7B Aircraft Rre and ~ Communicat~o~t~ 150/5216-14 Airport Fire and R~scue Per~'m~l Pmtecl~ Clothing 15~/$210-15 Airport P-~.scue and Fi~:fightmg Statio~ Building De~i~n 150/$Z2~4A Water Supply System~ for Aircraft Fire and R~cue Protectioe 1..~)/$220-10 Guide Spectf'~atio~ for Water/Foam Type Ai~,at't Fire and 'Rescue Truck~ CHG I & 2 1~0/$220-11 ALrI~rt Snowblow~r Specificatio~ Guide 150/$220-12 Aixport ~r Speci£~cat~°~ Guide 150/$220-1~, Runway Surface Condit:~n Sensor SP~Ofieation Guide 150/5220-14A Airport Fire and Rescu~ Vehicle Spe~ific~tio~ Guide 150/5220.15 Braidings for Stora~ and Maintenance of Airpor~ Snow R~mov~ and Ice Control F~luipment: A Guide 15~/5220-16 Automated Weather O~ervmg Systems for Non-Federal App~:ations 150/5220-17 ~ Standa~xls for Aircraft Rgb'un Ftre-fighting Training Facilities 150/5300-13 Airport Destgn 150/5320-SB Airt~n Draina~ 150/5320-6C Aiq~ort Pa,~ment Design and Evaluation CHG 1&2 150/5320-12A Me. asu~ement, ~ ~ lV~niflte~ of ~ g~i~[~t Ai~xlrt Pnvement Surfaces L.~0/5320q4 ~ Landscaping gor Noise Co~,~ Purposes LS0/S3ZS-4A Runway length ~cluirements for Atqx~ Design CHG 1 150/5340-1F M~l!~ing of ~ ~ ~ ~ 15~/5340--4C Installation Details for Runway C. enterfine To~'h~m,n Zooe L~tin~ Sy~tem~ CHG 1&2 150/5340-5B Segmented ~ Airpo~ Marker System CHG 1 150/5340-14B Ec~momy ~h Lighting Akle CHGI&2 150/5340-17B Standby Po~r for No~-FAA Ab'port Lighting Systems 150/5340-18C Standards for Airport Sign 150/5340-19 Taxiw~y C~nterlin~ Lighting Sy~em 150/5340-21 Airport Mi~ellaneo~s Lightin~ Visual Aids 150/5340-23B Sup~emental Wind Cones 150/5340=24 Runway and Taxiway Edg~ Lighting System CHG 1 150/5340-27A Air-To-Ground Radio Cont~ of AJxport Li~fing Systems 150/5345-3D Specification for L4~l Panela for Remote Control of Airport IAghting 150/5345-5A ~it Selector S~itch 150/5345-713 Specification for L-824 Unde~nd I~e~fical Cable for Aiq~ort Lighting C~t~uits CHG 1 150/5345-10E Specification for C_.o~tant C. ur~nt R~utntors Re$,ulator Monitors 150/5345-12C Specification for Ai~ort and Heliport Beacon 150/5345-13A Specification for L-841 Auxilia~ Relay Cabinet .A,~mb~ for ~ Contt~d of ALrport Li~ting Circuits 150/5345--26B Specifications for L-823 l~ng and Rgg:epts~ Cable Connectors CHGI&2 1J0/$345-27C Specificatkm for Wand Co.es Assemblies L~/5345-2~D Precision Apprt~-'h Path Indicator (PAPI) Systems 150/5345-39B FAA Specification L-853, Runway and Taxiway Center, inn Ret~'~.~tiv~ Markers CHG 1 150/5345-42C Specificaticm for ~ Light Bas~ Transformer Housin~ Junction Box~ and Accessories 150/5345--43D S~cifieatio~ for ~ Lighting Equipment 150/$345-44D Spe~i~eaticm for T~y and 1~ S/gns 150/5345-45A Lightweight Appton~ li~t 150/5345-46A Speeification for Runway and Taxiway Light F'uctua~ 150/5345-47A tmtatioa Trans/orngts for Airport Lighting Systcn~ 150/5345-49A Speeifiealion L.854, Radio Cont~ Equipment 150/5345-50 Speeifieation for Portable Ruaway Lights CHG 1 150/5345-51 Specificatio~ for Di~cha~,~-Type Flasher Equipment CHG 1 150/5345-52 Cmnetic Visual GI/<le~pe Im41~ors 150/5360-9 Pllnnin~ and De*ign of Ai~ort Terminal Faciliti~ at No.-Hub L~:~tio~ 150/5360-12 Aix~ort Signing and Graphics 150/5360-13 Planning and Design Guidance for Airport Terminal Facilitie~ at Non-Hub Locations 150/53'R)-2C Operatioaal Safety oe Airports During Construction Asrport As~urano~ (7-91) Page 8 of 9 PP-A-I L-~JRRI~T F..~A ~VISORY ~ FOR Ali? PROJF_~-~ 150/5370=6B ~t~ P~ ~d I~ ~-~ G~nt P~m 1~/53~10A Sm~ for S~ng ~tmmn of ~m 1~/53~11 U~ ~ ~m~ T~ting ~ in t~ E~l~tm ~ ~n P~nm ~G 1 ~/53~12 Q~i~ ~t~ ~ ~t~ for ~n Grant P~ 1~/5~2 Heli~ ~ 1~/5~3 Ve~i~ ~i~ gat'port Ar~urance~ (7-91) Page 9 of 9 PP-A-1 air.r A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE GRANT AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION, CHANGING THE PROJECT NUMBER; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized to execute Amendment No. 1 to the Grant Agreement between the City of Denton and the United States of America Federal Aviation Adminis- tration executed on the 7th day of July, 1992, which changes the project number from 3-48-0067-0792 to 3-48-0067-0592, a copy of which is attached hereto and made a part hereof. SECTION II. That the City Secretary is hereby directed to attach a copy of said Amendment to Resolution 92-032 and to note on said ordinance a statement that the Agreement has been amended.. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the &~-'day of ~ - , 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ° ' Page 1 of 2 Pages °,,,i, o, Contract No. DOT FA 92 SW-8111 Federal Aviation Administration Denton Municipal Airport Southwest Region Fort Worth, TX 76193-0601 Denton, Texas (Location) AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. 3-48-0067-0792 WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA") has determined it to be in the interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the City of Denton, (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 7th day of July, 1992, be amended as hereinafter provided. NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States, on the one part, and the Sponsor, on the other part, do hereby mutually agree as follows: The project number shall be changed from 3-48-0067-0792 to 3-48-0067-0592. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the (~day of t~)~ , 19_~ UNITED STATES OF AMERICA FEDEraL AVI~ON ADJ~I~NISTRATION By: ~~/./ff,'3. /'{'J~~d/~ in Title: Assistant Division Manager, Airports Divis'o (S~At,) City of Denton (Name of Sponsor) Attest.'~h/)0,~ ~L)~ By: ~~ FAA Form 5100-38 (40*89) Page 2 of 2 Pages Contract No. DOT FA 92 SW-8111 Denton Municipal Airport Denton, Texas (Location) CERTIFICATE OF SPONSOR'S ATTORNEY I, f~(r2 ~f0~t-t001-PCd,~ , acting as Attorney for [~t' -POF~ 70-~L0~ , (herein~ter refer~d to ~ "Sponsor") do hereby certi~: ~ That I have ex.ned the foregoing ~endment to Gr~tt Agreement and the proceedings taken by said Spo~or relat~g thereto, and find that the exertion thereof by said Spo~or has been duly authohzed ~d is in all respects due ~d proper and in accord~ce Mth the laws of the State of Texas, and ~rther that, ~ my opi~o~ said Amendment to Grant A~eement co~timtes a leg~ ~d binding obligation of the Spomor in accord~ce Mth the tern thereof. Dated at ~~ , this ~ day of ~~ , 19~ FAA Form 5100-38 (t0~9) RESOLUTION NO. 233 ~TION OF THE CITY OF DENTON, TEXAS ADOPTING A POLICY IN A ~5~ OF THE AMERICANS WITH DISABILITIES ACT; AND PROVIDING AN SQ~IVE DATE. EVWHEREAS, in 1991, the city of the city of Denton, Texas vide technical assistance and ADA Task Force t~ pro .' 'sabilities Act of 1990 ~ated'-an~--~ent the Americans with D~ apport ~o ~mp~ .... (~DA); and NHEREAS, the city of Denton supports and endorses the letter and spirit of the ADA as passed by the United states congress and signed into law by the President; and WHEREAS, the ADA recognizes the isolation, discrimination and segregation of persons with disabilities; and ton has historically supported the WHEREAS, the city of D~n ...... ~ded by section 504 of the rights of persons with disabilities prov~ ~ Rehabilitation Act of 1973; and WHEREAS, the compliance date for implementation is now in effect; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: _ ollowing policy, attached hereto and made a S_ECT_IO~ I ~yfadopted as an official policy of the city of part hereof is'he Denton, Texas: ,,Americans with Disabilities Act (ADA) Policy" SECTION II__~. The foregoing policy is attached hereto and made a par~ h~f''and shall be filed in the official records with the city Secretary. SECT_ION III~ The city of Denton will take necessary admin- istrative and budgetary actions to support the development of a system of services, programs and facilities that ensures the equality, dignity, and civil rights of individuals with disabili- ties. ~- ~rivate sector and . ton urges ~n~ ~ . ~N IV The City of D~ .... ~+~ disabilities enjoy o~-- '~ ' Vl~Ua£~ w~ . . . a zens to ensure. %n3 l ces' programs, fac l tles _il ~-~ ~nd e~ual access to a~ ~-~.__i~ ~,~red bv the Amerzo~- ~ortunities in all places o~ Dusln~m= ..... with Disabilities Act. SECTI__O~ VI. That this resolution shall become effective immedi--ately upon its passage and approved. PASSED AND APPROVED this the __/' lay of ~ , 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR~D AS T~O LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2 CITY OF DENTON Page 1 of 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIV~ DIRECTIVE REFERENCE NO.: SECTION: PERSONNEL/EMPLOYEE RELATIONS SUBJECT: IMPLEMENTATION OF THE AMERICANS WITH EFFECTIVE DATE: DISABILITIES ACT (ADA) REPLACES: TITLE: AMERICANS WITH DISABILITIES ACT (ADA) Policy Statement: It is the policy of the City of Denton to provide equal access to all City sponsored services, programs, and activities for citizens and employees with disabilities, as provided by the "Americans with Disabilities Act" of 1990, 42 U.S.C. § 12101, et seq., as the same may be amended from time to time (the ADA). The City will not. discriminate against a "qualified individual with a disability", as this term is defined by the ADA, with regards to job applications, hiring, advancement, discharge, compensation, training and other terms, conditions and privileges of employment. The City will make reasonable modifications and accommodations in policies, practices, and procedures to ensure equal access; will provide auxiliary aids and services when necessary to provide effective communication and, will operate its programs so that, when viewed as a whole, those programs are readily accessible to, and useable by, individuals with disabilities. Administrative Procedures: I. The City Manager shall appoint members to the "City ADA Com- mittee'' to: ensure policy training and implementation, assist in making reasonable accommodation decisions where the accommodation will not result in a hardship to the City, provide a forum for reviewing grievances, and act as a source of information on ADA for the employees of the City of Denton. Membership of the City ADA Committee shall be as follows: the Risk Manager, one representative from the Personnel Depart- ment, from the Fire Department, from the Engineering Depart- ment, from the Parks and Recreation Department, from the Plan- ning Department, from the Police Department, and two represen- tatives from the Utilities Department~ In making recommenda- tions, the Committee shall use due diligence to obtain input or advice from not less than one co~nunity member who has a disability. II. The City Manager shall appoint an ADA Coordinator who will serve as the ADA Committee Chairperson. Questions concerning general ADA policy, reasonable accommodations, and grievances by citizens or employees not resolved by Department shall be directed to the ADA Coordinator for resolution. The ADA Co- ordinator shall convene the ADA Committee, as required, to resolve issues or make recommendations to Departments, the City Manager or the City Council, as appropriate. III. In order to be qualified for a City position, an applicant must have the skills, experience and knowledge as reflected by the essential functions of the position with or without reason- able accommodation. Inquiries regarding preemployment or em- ployment procedures, interviews, and hiring shall be directed to the Personnel Department for resolution. Supervisor train- ing will be conducted by the Personnel Department as required to educate the supervisors of the requirements of Title I of the ADA. IV. The Building Inspections Division will, prior to issuing a building permit, advise applicants of the need to comply with the requirements of Title III of the Americans With Disabil- ities Act. V. All supervisors are responsible for continually monitoring and evaluating current policies, procedures, facilities and pro- grams to achieve and maintain compliance with this policy. AFF00182 ALL00283\1410.17h A RESOLUTION ADOPTING REVISIONS TO THE PERSONNEL POLICY RELATING TO TUITION REIMBURSEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the director of the Personnel/Employee Relations Department for the city of Denton has presented a proposed policy regarding certain employee rules and regulations for the Council's consideration; and WHEREAS, it is the policy of the City of Denton to improve City services by encouraging upward mobility and employee devel- opment and excellence of performance by sharing costs of approved college courses and educational programs; and WHEREAS, based upon the recommendation of the City Manager, the City Council desires to revise the existing policy on employee tuition reimbursement, adopted by the Council on November 5, 1985; 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: Tuition Reimbursement (Reference No. 107.09) SECTION II. The foregoing policy is attached hereto and made a part hereof and shall be filed in the official records of the City of Denton with the city Secretary. SECTION III. The policy entitled "Tuition Reimbursement" adopted by Resolution on November 5, 1985, is hereby rescinded, provided however, that said policy shall apply to all requests for tuition reimbursement submitted for courses completed prior to September 1, 1992. SECTION IV. This Resolution shall be effective immediately upon its passage and approval.~ ~ PASSED AND APPROVED this the __day of , 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON PAGE I oF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: REFERENCE NUMBER: HUMAN RESOURCE DEPARTMENT SUBJECT: EFFECTIVE DATE: EMPLOYEE BENEFITS AND SERVICES TITLE: REPLACES: TUITION REIMBURSEMENT POLICY STATEMENT: It is the purpose of the City of Denton to provide quality services for its citizens by encouraging upward mobility, employee development, and excellence of performance by sharing the expense of approved courses and educational programs. A course or educational program will be defined as a class of instruction taught at or by an accredited college, university, or trade school and that meets on a regular basis over an extended period of time. The availability of tuition reimbursement is subject to City Council approved funding levels. Tuition reimbursement levels will be established annually as part of the Budget process based upon anticipated participation and available funding. To be eligible for consideration of tuition reimbursement, an individual must be a regular full-time employee and have completed at least six months service with the City prior to application approval. Courses offered by accredited colleges, universities, or trade schools are eligible for tuition reimbursement subject to the following: o the completed Tuition Reimbursement Agreement along with documentation similar to a degree plan shall be submitted to the Human Resources Department at least 30 calendar days before enrollment; o the course of study shall be related to a City career field as determined by the Director of the Human Resources Department; o the maximum reimbursement shall not exceed the equivalent amount reimbursed to employees attending either the University of North Texas or Texas Woman's University (whichever is greater), and is limited to reimbursement for two courses (eight credit hours each semester) and not to exceed 32 semester hours each year. Seminars and conferences will not be eligible for tuition reimbursement. Approval for reimbursement for seminars and conferences is subject to Departmental training budgets. Courses not directly job related nor on an approved degree plan are ineligible for tuition reimbursement. Approval for reimbursement for these courses is subject to Departmental training budgets. If an employee resigns or is terminated for any reason prior to course completion, the City shall not be obligated to reimburse any part of the expense. APP001D4 PAGE~ 2 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) T~LE: REFERENCENUMBER: TUITION REIMBURSEMENT Only those employees with an approved degree plan will be considered for tuition reimbursement. Employees must provide the Human Resources Department with evidence of an approved degree plan in a course area intended to broaden their knowledge of their current position or to prepare them for possible assumption of new job responsibilities within the city, in order to be eligible. An employee shall receive reimbursement for only one degree at each level (undergraduate, graduate and advanced graduate). An employee who leaves the City service less than two years after completion of the reimbursed course must return the monies to the City upon termination. Employees terminated due to a reduction in force shall not be required to reimburse the monies. ADMINISTRATIVE PROCEDURES: The City will participate in the cost of those courses which are: -required by a degree plan which is related to a City career field; or -required by a trade school course of study which is related to a City career field. The costs of only the courses and educational programs which prior to registration have been reviewed by the employee's supervisor and department head and approved by the Human Resources Department shall be eligible for reimbursement. Employees enrolled in a degree program must submit the following items: o a degree plan, o a statement of career goals, o a receipt outlining tuition costs. Employees seeking reimbursement for technical training must submit the following items to the Human Resources Department prior to registration: o a description of the program, o documentation equivalent to a degree plan, o cost of the program, o a letter stating long term career goals, o a receipt outlining tuition costs. The institution must be accredited by an appropriate accrediting agency. Non-credit continuing education courses containing the same or similar information as received in previous courses (repeat courses) as well as credit obtained under the college Level Examination Program (CLEP) are not eligible for tuition reimbursement. Tuition reimbursement will be paid only once for each approved course. The City will not pay tuition reimbursement for courses for which tuition reimbursement has already been received by the employee. APP001D4 PAGE 3 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) T~LE: I REFERENCENUMBER: TUITION REIMBURSEMENT Reimbursement will be provided when a grade of "C" or above is achieved in college undergraduate courses, and a "B" or above in college graduate courses. For those courses or training programs for which grades are not assigned (Pass/Fail), a certificate of completion will serve as proof of course completion. Original official grade slips and transcripts are the only acceptable documentation of course completion for college earned credit courses. Copies will be made and original grade slips and transcripts will be returned to the employee. Upon completion of the course, it shall be the responsibility of the employee to furnish official grade slips, transcripts and certificates as proof of course completion. No payment will be made until the employee has furnished satisfactory evidence of having completed the course. The City will pay the costs of tuition according to the following schedules: Courses required by an approved degree plan and courses directly related to an employee's job duties will be reimbursed according to the provisions below. o Employees who attend State and/or County or accredited private colleges or universities shall be reimbursed at the rate established as part of the Budget process based upon the availability of funds and not to exceed the current tuition and mandatory fees charged by the University of North Texas or Texas Woman's University (whichever is greater). Mandatory fees shall be considered as part of the tuition rate charges. Books, supplies, lab fees, parking fees or other expenses in connection with courses to be taken are not eligible for reimbursement. The City will not pay the cost of tuition which has been or shall be paid from other sources such as scholarships, grants, Veterans benefits or other subsidies. In the event of partial scholarship or grant, reimbursement will be based on the actual expense to the employee but shall not exceed the amount established in maximum reimbursement schedule. Tuition Reimbursement will not be granted for auditing courses. Tuition Reimbursement will be paid from a non-departmental fund three times a year in the months of January, June, and September. The Human Resources Director may on behalf of the Executive Committee approve and authorize reimbursement. I. Application Process A. Employees are required to notify their supervisor of an intent to apply for Tuition Reimbursement and an anticipated number of credit hours to be reimbursed during the budget year, at a date designated as part of the budget calendar. The Supervisor will forward to the Director of Human Resources, a memorandum, signed by the Supervisor and endorsed by the Department Director, stating all employees requesting Tuition Reimbursement, and the APP001D4 PAGE 4 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) T~LE: REFERENCENUMBER: TUITION REIMBURSEMENT total number of anticipated credit hours for each employee. The submission deadline for forwarding this request will be included at a date designated in the budget calendar. Any exceptions to these time requirements must be approved by the Director of Human Resources. B. Employees must obtain a Tuition Reimbursement Agreement and Tuition Reimbursement Policy (Exhibit A) from the Human Resources Department. The completed Tuition Reimbursement Agreement must be submitted to the Human Resources Department 30 calendar days prior to scheduled course registration. A current degree plan (or comparable documentation) showing evidence of courses related to a City career field, must be submitted to the Human Resources Department with the first registration and kept on file for validation of courses. C. Any change to a degree plan must be submitted to and approved by the Human Resources Department prior to registration for a non-approved course. D. Employees must obtain a Tuition Reimbursement Registration Form from the Human Resources Department. The completed Registration Form will document the course titles and number of credit hours for which the employee intends to register. The completed Tuition Reimbursement Registration Form must be submitted to the Human Resources Department Relations Department prior to the start of the semester. E. Upon course registration, an employee will submit a copy of his/her school registration form to the Human Resources Department. F. As long as an employee maintains the status of "continuing student", he/she will not be required to reapply each semester. However, he/she must comply with Application Process steps D and E each semester. II. FEE REIMBURSEMENT: The employee will pay all costs. At the end of the semester, the employee will submit payment receipts, and original grade reports to the Human Resources Department for approval. All receipts are due within 15 days of the end of the school term. Payment for tuition reimbursement will be made three times yearly. The employee will be reimbursed based upon the actual fee schedule of the school they are attending. APP001D4 ALL0027F\1636.8a RESOLUTION NO. ~~__~~ A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE RIGHT-OF-WAY AGENT TO ACCEPT THE CONVEYANCE OF A 0.4053 ACRE TRACT OF LAND IN THE MORREAU FORREST SURVEY A-417, DENTON COUNTY, TEXAS, FROM THE TEXAS MUNICIPAL POWER AGENCY; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Right-of-way Agent is authorized to accept the conveyance of a 0.4053 acre tract of land in the Morreau Forrest Survey A-417, Denton County, Texas, by special warranty deed, a copy of which is attached hereto and incorporated, from the Texas Municipal Power Agency. SECTION II. That the Right-of-way Agent is directed to cause the special warranty deed to be recorded in the Real Property Records of Denton County, Texas, upon its acceptance. SECTION III. That this resolution shall become effective immediately upon its passage and approval. ~ PASSED AND APPROVED this the ~day of , 1992. BOB CASTLEBERRY, MAYO~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APP E S O LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY AAA00A79 A RESOLUTION TEMPORARILY CLOSING PEARL STREET BETWEEN CARROLL BOULEVARD AND DENTON STREET ON SATURDAY, JULY 18, 1992; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Laura Davis, on behalf of her neighborhood, as evidenced by the signed petition of the residents living on either side of the affected street, is requesting that Pearl Street, from its intersection with Carroll Boulevard to its intersection with Denton 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 8:00 a~m. to 8:00 p.m. on July 18, 1992, for the purpose of having a neighborhood block party; and WHEREAS, Laura Davis, has assured the City that the property owners and tenants in this area will not be denied access to their properties as a result of the temporary closing of this road, and that they have agreed to the temporary closing of this road; 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 necessary to temporarily close a portion of Pearl Street between Carroll Boulevard and Denton Street from the hours of 8:00 a.m. until 8:00 p.m. on Saturday, July 18, 1992; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Pearl Street, from its intersection with Carroll Boulevard to its intersection with Denton Street, a public street within the corporate limits of the city of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 8:00 a.m. to 8:00 p.m. on July 18, 1992, for the purpose of having a neighborhood block party. SECTION II. That the City Manager shall direct the appro- priate city Department to erect barricades on Pearl Street from the intersection of Carroll Boulevard to its intersection with Denton Street, at 8:00 a.m. and to have the same removed at 8:00 p.m. on said date. SECTION III. That this resolution shall become effective immediately upon its passage and approval. /~ PASSED AND APPROVED this the ~ day of~ , 1992. ALL002D2 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE TEXAS WATER COMMISSION AN APPLICATION FOR FUNDING FOR A HOUSEHOLD HAZARDOUS WASTE GRANT TO FUND THE COLLEC- TION, HANDLING OR RECYCLING OF CERTAIN HOUSEHOLD HAZARDOUS WASTES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND ASSURANCES NECESSARY TO EFFECTUATE THE GRANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to TEX. HEALTH AND SAFETY CODE ANN. Chapter 363 (Vernon Pamph. 1992), the Texas Water Commission is authorized to provide financial assistance to cities for certain costs of devel- oping and implementing programs for the collection, handling or recycling of approved household hazardous wastes; and WHEREAS, the City of Denton, Texas is desirous of submitting an application to the Water Commission for funding to develop of pro- gram to recycle usable latex paint, which will reduce the waste stream diverted into the city's landfill and enhance citizen awareness of household hazardous waste products; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manger is authorized to execute and file an application on behalf of the City of Denton, Texas, with the Texas Water Commission to aid in the financing of the devel- opment of a program to recycle usable latex paint and enhance cit- izen awareness of household hazardous waste products, pursuant to TEX. HEALTH AND SAFETY CODE ANN., Chapter 363. The City Manager is authorized to execute any grant agreements on behalf of the City of Denton in connection with the application for funding. SECTION II. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this th~/~day of ~, 1992. JENNIFER WALTERS, CITY SECRETARY APPROV~ AS T~ LEGAL FORM: DEBRA A. DRAYOVITC ,,, CITY ATTO EY ?, EXHIBIT A CITY OF DENTON UTILITY DEPA~'I]MENT 1992 APPLIANCE REBATE PROGRAM METHODS USED IN DETERMINING EQUIPMENT EFFICIENCY AND ELIGIBILITY Program Summary The City of Denton Utility Department is offering cash payments to customers who purchase and install high efficiency air conditioners or heat pumps in new or existing residential or commercial facilities. The program's objective is to reduce energy demand and consumption, thereby saving customers dollars on their utility bills and reducing the peak load of the City of Denton's electric system. Program Guidelines 1. Ail installations must be for accounts served by the City of Denton Utility Department and must meet all applicable national, local, and manufacturers' codes and specifications. 2. To qualify for a rebate, equipment must be new when installed. 3. Ail equipment must be purchased. No leased or lease/purchase equipment will qualify for a cash rebate. 4. Installations must be made by licensed contractors and/or dealers. 5. No rebate will be paid on a partial replacement of an air conditioner. The compressor, condenser and the evaporator coil must be replaced to qualify for a rebate. 6. Payments for residential central cooling systems, which includes apartments and mobile homes, will be limited to a capacity based on a minimum of $00 conditioned square feet per ton. 7. The conditioned area in square feet is required on each residential central system request for payment. 8. The rebate will be paid to the purchaser of the qualifying equipment upon verification of compliance with program guidelines. 9. Requests for payment must be received by the Director of Electric Utilities within 60 days of installation. 10. Equipment and installation are subject to inspection by the City's Building Inspection Department before final approval for payment is issued. 11. The Appliance Rebate Program guidelines and payments are subject to change without notice. PAGE 1 1D6/060292050/1 12. The Appliance Rebate Program may be discon~zinued without prior notice at any time by the City of Denton. I. GF2NERAL PROCEDURES A. Application To determine who qualifies for a rebate, an application for rebate must be completed and set to the Director off Electric Utilities within 60 days of installation of the equipment. Participating dealers have rebate application forms and will complete these forms for the purchas- er. It ~s the purchaser's responsibility to see that the dealer completes the form and submits it to the Director of Electric Util- ities. B. Inspections Installations of central systems will be inspected by the City's Building Inspection Department and must be approved before rebates will be processed. C. Payments to Participants Cash payments will be made to the purchaser of the qualifying equip- ment. Participating retail equipment dealers will receive a cash payment of $20 per unit for the sale of window units, central air conditioning systems, or heat pumps to offset their cost for properly filling out the applications for purchasers. Program participants are responsible for submitting the correct information. The Utility Department will not issue any additional payment tmless the payment was incorrect due to a mistake in processing by a City employee. 1. The twenty dollar ($20.00) payments to dealers will be made only if they supply the qualifying equipment to the customer or builder who is paying for the installation of the equipment. Dealers and purchasers may be denied payment for failure to follow program guidelines such as: failing to supply correct square footage or SEER/EER figures; installing equipment which is not new; replacing part of a split system; or failure to fill out rebate forms properly. 2. Payments will be made to customers who purchase and install new qualifying equipment. If a tenant ~rchases and installs qualify- ing equipment, the payment is made to the tenant. If the owner of rental property purchases and installs qualifying equipment, the payment is made to the owner. If the purchaser of a mobile or custom home selects and pays for a qualifying unit, the purchaser will receive the rebate. PAGE 2 1D6/060292050/2 II. CFzNTRAL ELECTRIC AIR CONDITIONERS AND HEAT PUMPS A. A new condensing unit with an inside ew~porator coil will qualify if matched, as specified, in the current issue of the ARI Directory of Certified Air Conditioners and Air Source Heat Pumps and the unit meets the minimum ratings as specified in the i[992 Appliance Rebate Program. If the unit is not in the current ARI Directory, the manufacturers' latest data approved for publication will be accepted. If the unit is not in the current ARI Directory or data approved for publication, the average of the high and low SEER/EER coil only, not including blower coil, will be accepted as listed in the current ARI Directory. B. Computer simulations may be used if ratings are not listed in the current ARI Directory, provided the following criteria are met: 1. Systems using mix-matched coils must meet all established program guidelines to qualify for a rebate. 2. The computer simulations must be sigrLed, certified, and dated by a registered professional engineer and an officer of the company making the submittal. 3. The engineer who certifies a simulation must attest to the accuracy of the input data, the validity of tim calculation procedure used, and that the results are in accordance with D.O.E. approved method- ology. 4. A complete set of the input data and an indication of the source of the data must accompany the simulated ratings. 5. The simulated ratings must be based on the condensing unit's tested combination as listed in the current ARI Directory or latest ~ approved for publication and identified by the correct model numbers of both the condensing unit and coil as listed in the current ARI Directory. 6. Simulated ratings must not exceed 105% of the SEER rating of the tested system used as a base. 7. An open file of computer simulations will be maintained at the Energy Management Office. Supplying erroneous ratings or data can lead to disqualification of those involved from further program participation. C. Program Capacity and Payment Formula 1. The maximum allowable BTU per hour capacity eligible for a residen- tial rebate is determined by dividing the square footage of the conditioned area by 500 and multiplying by 12,000. PAGE 3 1D6/060292050/3 Example: The Program Capacity for a 1,500 square foot house is: 1,500 --5-0-0- = 3.0 x 12,000 = 36~000 BTUH The City will pay a rebate on a unit that meets program efficiency standards and is sized at 36,000 BTUH or less. 2. Actual payment will be determined by dividing the BTUH of the installed unit (up to, and including the Program Capacity) by 12,000 and multiplying by the incentive. The incentive amounts and SEER ratings are referenced on page 5 and are incorporated herein as if fully set forth at length: Example A: A person in a 1,500 square foot house installs a 30,000 BTUH central air conditioner with a SEER rating of 12.0. 1,500 5--0-0-- = 3 x 12,000 = 36,000 Program Capacity 30,000 ~ = 2.5 x $75/ton :: $187.50 Rebate Amount Example B: A person in a 2,000 square foot house installs a 60,000 BTUH central air conditioner with a SEER rating of 12.0. 2,000 = 4 x 12,000 = 48,000 Program Capacity 48,000 ~ = 4 x $75/ton = $300 Rebate Amount Example C: A person in a 2,000 square foot house installs a 60,000 BTUH central heat pump with a SEER rating of 12.0. 2,000 S-0-0- = 4 x 12,000 = 48,000 Program Capacity 48,000 ~ = 4 x $100/ton = $400 Rebate Amount PAGE 4 1D6/060292050/4 CITY OF DENTON UTILITY DEPARTMENT 1992 APPLIANCE REBATE PROGRAM EQUIPMENT INCENTIVES* Minimum SEER/EER Central Air Conditioning Rating Incentive Single Phase (SEER) 12.0 $100/ton** Three Phase (EER) 12.0 $100/ton Central Heat Pumps Single Phase (SEER) 12.0 $100/ton Three Phase (EER) 12.0 $100/ton Room Air Conditioners 10.0 $S0/unit Room Heat Pumps 10.0 $S0/unit Geothermal Heat Pumps 12.0 $500/unit * Refer to "1992 Appliance Rebate Program: Methods Used in Determining Equipment Efficiency and Eligibility" ** For calculation purposes, one ton equals 12,000 BTUH PAGE S 1D6/060292050/5 ALL002D8 NOTE: Addendum No. 1 - 0rdinanae No. 97-035. Addendum No. 2 - Ordinance No. 98-102. A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE SALE OF RAW WATER; AND PROVIDING AN EFFECTIVE DATE. SECTION I. That the Mayor is authorized to execute an Agree- ment between the city of Denton and Upper Trinity Regional Water District for the sale of raw water, under the terms and conditions set forth in the Agreement, a copy of which is attached hereto as Exhibit A. SECTION II. That this resolution shall become effective immedi- ately upon its passage and approval. ~ PASSED AND APPROVED this th day of BOB CASTL~B~~'~ ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~rED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY THE STATE OF TEXAS § CONTRACT BETWEEN CITY OF DENTON § AND UPPER TRINITY REGIONAL WATER COUNTY OF DENTON § DISTRICT FOR INTERIM SALE OF WHOLESALE RAW WATER This Agreement made this ~/~ day of _ ~ , 1992 by and between the City of Denton, a Municipal Corporation organized under the laws of the State of Texas ("DENTON"), and the Upper Trinity Regional Water District~, a conservation and reclamation District created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas ("DISTRICT"); WHEREAS, DISTRICT was created by the Texas Legislature to serve various regional water utility purposes including providing wholesale treated water service to participating cities and utilities of Denton County and adjacent areas; and WHEREAS, DISTRICT desires to purchase raw water from DENTON on an interim basis to enable DISTRICT to meet the needs of its Participating Members and Utilities; and WHEREAS, DISTRICT has entered into contracts with its Participating Members and Utilities to supply them with treated water; and WHEREAS, DENTON has certain water rights in Lake Lewisville and Lake Ray Roberts, which rights have been granted by the State of Texas to DENTON; and WHEREAS, because of such water rights and other contractual rights held by DENTON, DENTON presently has; raw water available to it temporarily surplus to its current needs; and 1060~,001-001.ACT 1 WHEREAS, the City of Corinth ("Corinth") and the Lake Cities Municipal Utility Authority ("LCMUA") are existing wholesale customers of treated water from DENTON'S Water System, but have contracted to be Participating Members of the DISTRICT'S Regional Water Supply System; and WHEREAS, in order for the DISTRICT to be able to serve Corinth, LCMUA and other customers, it is necessary for DISTRICT to purchase raw water on an interim wholesale basis from DENTON; and WHEREAS, DENTON'S needs for raw water to serve its own customers will increase during the term of this Agreement, making it necessary for DISTRICT'S purchases hereunder to correspondingly decrease; and WHEREAS, DISTRICT desires to purchase said raw water in accordance with the terms and provisions set out herein; and WHEREAS, DISTRICT has a contract with the City of Dallas for a long term raw water supply ; and WHEREAS, because DENTON desires to have reasonable expectations of revenue from the sale ef such raw water and DISTRICT desires to have reasonable expectations of the availability of such raw water for a limited period of time, DENTON will make available to DISTRICT a quantity of raw water to be determined annually by mutual agreement under the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: I060\O01-O01.AGT 2 ARTICLE I SPECIAL PROVISIONS 1.1 Treatment and Transportation By separate agreement, DENTON has agreed to treat raw water for DISTRICT in DENTON'S water treatment system, and to transport such treated water to point(s) of delivery designated in this Agreement or by separate agreement where water will be delivered to DISTRICT by DENTON. This Agreement concerns certain quantities of raw water which may be treated by DENTON under the referenced agreement or may be treated by DISTRICT in its own water treatment plant. 1.2 Temporary Supply of Raw Water DENTON reserves the right to offer raw water for temporary sale to DISTRICT according to the terms of Article II. 1.3 No Conveyance of Water Rights DENTON and DISTRICT acknowledge that nothing in this Agreement is intended to sell, transfer, encumber, or convey any water rights from DENTON to DISTRICT or any other entity and no such rights are sold, transferred, encumbered, or conveyed. If this Agreement is ever construed to effect a sale, transfer, encumbrance, or conveyance of water rights from DENTON to DISTRICT, then it shall be null and void. 1060~001-001. AGT 3 ARTICLE II SALE OF RAW WATER 2.1 Temporary Sale of Raw Water The DISTRICT acknowledges that DENTON has certain water rights in Lake Lewisville and Lake Ray Roberts, which rights have been granted by the State of Texas to DENTON. If DENTON determines that it has raw water temporarily surplus to its current needs, it may offer by letter such raw water for sale to DISTRICT for temporary use from time to time, in such quantity or for such period of time as DENTON may determines serves its best interest. If, pursuant to Section 2.3 hereof, DENTON offers DISTRICT raw water at a price no greater than eighty five percent (85%) of the posted price for wholesale raw water then offered by the City of Dallas, DISTRICT shall accept said offer by letter under the terms of this Agreement. Such sale shall not require an amendment or separate agreement, and DENTON, as seller, will have the right to terminate such sale upon six.-months' written notice to DISTRICT. 2.2. Interim Sale DISTRICT and DENTON agree that the raw water sold to DISTRICT under this Agreement is sold on an interim basis only. The purchase of a certain amount of water by DISTRICT in any one year does not guarantee that that same amount of water will continue to be available to DISTRICT for any subsequent year. DISTRICT may purchase from DENTON only that amount of water that DENTON has identified as temporarily surpl~s to its needs for any 1060/001_001.AGT 4 particular year. DENTON is under no obligation to make such water available to DISTRICT upon DISTRICT'S request. DISTRICT has entered into a contract with the City of Dallas for long-term purchase of untreated water. It is the intention of the parties hereto that this Agreement is for the purpose of providing a raw water source only on an interim basis. 2.3 First Opportunity DISTRICT hereby agrees that DENTON shall have first opportunity to provide the raw water needs of DISTRICT, taking into account and respecting the provisions of separate agreements the DISTRICT may have with the Cities of Commerce, Dallas and Irving concerning purchase or transportation of raw water from Cooper Reservoir, which amount of water shall be limited to the amounts specified in contracts with Commerce at the effective date of this Agreement. 2.4 Delivery Location Raw water sold by DENTON to DISTR~CT under this Agreement will be made available to DISTRICT at either Lake Lewisville or Lake Ray Roberts according to the needs of DISTRICT. DENTON agrees to flow water from Lake Ray Roberts to Lake Lewisville if necessary to meet DISTRICT'S approved requests for water. 2.5 Availability Limitation Availability of water under this Agreement is expressly subject to and limited by the available supply of raw water to DENTON. The determination of availability rests with DENTON. DENTON shall exercise due diligence to assure that the supply of I060~O01-O01.AOT 5 water is maintained. Should DENTON need to curtail the supply of water to its other customers, because of drought, contamination, acts of God, civil disturbances, war or other cause beyond its control, DENTON may curtail the supply of water to DISTRICT without being in default of this Agreement. 2.6 Resale DISTRICT agrees that neither it, nor any of its customers served by DISTRICT with water acquired hereunder, will sell or offer for sale, any such water to any c~Lstomer within the area included within DENTON'S single, dual, or multiple certificated areas of Certificate of Convenience and Necessity from the Texas Water Commission, unless approved in writing by DENTON. This provision, however, shall not prevent any such DISTRICT customer from serving customers within their own certificated service areas, as those areas exist on the date of this Agreement. This provision shall not apply to the Cities of Bartonville and Argyle. 2.7 Water System Standards and Supply DENTON expressly reserves the right to discontinue temporarily, after notice to DISTRICT, the supply of water to DISTRICT whenever it is necessary to do so to insure proper operation of the DENTON water system. No claims for damages for such discontinuance shall be made by DISTRICT against DENTON. 2.8 Quality of Water DENTON does not warrant or make any representations to DISTRICT that the raw water sold to DISTRICT hereunder has any particular qualities, or meets any particular standards. 1060~001-001.AGT 6 2.9 Billing DENTON shall render bills monthly for raw water charges incurred by DISTRICT under this Agreement by the tenth (10th) day of each month. Bills shall be due and payable upon receipt by DISTRICT. DISTRICT shall make payments to DENTON within 20 calendar days of the date a bill for se~cvice is rendered. If DISTRICT at any time disputes the amount to be paid by it to DENTON, DISTRICT shall nevertheless promptly make such payment or payments; but, if it is subsequently determined by agreement or court decision that such disputed payments should have been less, or more, the amount shall be promptly adjusted. The charges shall be adjusted in such manner that DISTRICT will recover its overpayment or DENTON will recover the amount due it. All amounts due and owing to any Party shall, if net paid when due, bear interest at the rate of ten percent (10%) per annum from the date when due until paid. ARTICLE III GENERAL PROVISIONS 3.1 Severability Should this Agreement, or any provision thereof be, or be found to be, in violation of any applicable law or regulation, either party, upon reasonable notice to the other, may terminate this Agreement, or, upon the mutual consent of each party, this Agreement may be amended so as to be in compliance with such law or regulation. 1060~001-001 .AGT 7 3.2 Assignment Neither DENTON nor DISTRICT shall assign or transfer in whole or in part the rights and privileges granted in this Agreement without first obtaining the written consent of the other Party. 3.3 Entire Agreement; Modification This Agreement embodies the wlhole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties, and all modifications of this Agreement shall be in writing and approved by both Parties. 3.4 Venue All amounts due under this Agreement shall be paid and be due in Denton County, Texas. It is specifically agreed among the Parties that Denton County, Texas is the place of performance of this Agreement. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Denton County, Texas. 3.5 No Third Party Beneficiaries This Agreement is solely intended for the benefit of the parties hereto and is not intended to and shall not be construed to be for the benefit of any individual or create any duty on behalf of DENTON or DISTRICT to any third party. 1060~001-001.AGT 8 3.6 Term This Agreement shall become effective upon the date first above written upon execution of both Parties and shall terminate twenty (20) years thereafter. The Agreement may be renewed for a subsequent ten-year (10) period if agreed to in writing by both Parties at least five (5) years prior to termination date. 3.7 Termination and Default Should DISTRICT fail, refuse or neglect to pay any bill for water within sixty (60) days of the date due or should it refuse, neglect, or fail to comply with or perform any of the conditions on its part required to be complied with or performed hereunder, DISTRICT shall be in default. If after such default, DENTON shall deliver to DISTRICT, addressed to the Executive Director of DISTRICT, a notice in writing of its intent to terminate the supply of water on account of such failure, refusal or neglect, then DENTON shall have the right to terminate the water supply at the expiration of thirty (30) days after the giving of such notice and to terminate this Agreement, unless within thirty (30) days DISTRICT shall make good suclh failure, refusal or neglect. If DISTRICT pays or performs within the thirty (30) day period the default shall cease to exist. The termination of this Agreement, as provided herein, shall not release DISTRICT from its obligation to make payments of any amounts due or to become due in accordance with the terms hereof. 1060t001_001.AGT 9 3.8 Force Majeure If, because of flood, drought, fire, explosions, civil disturbance, war, water system failure or malfunction, acts of God, or other causes beyond the control of either Party, either Party is not able to perform any or all of its obligations under this Agreement, then the respective Parties' obligations hereunder shall be suspended during such period. 3.9 Liability and Claims (a) Except for those things described and disclaimed in paragraph 3.10, which are expressly excluded from this paragraph, DENTON agrees to hold harmless and defend DISTRICT, its officers and employees, from any claim for injuries, damages or losses that arise from any act, omission or negligence of DENTON, its officers or employees, arising from the sale of raw water hereunder or the operations of any facilities owned by DENTON and used under this Agreement, unless said damages result from the negligence of DISTRICT. (b) DISTRICT agrees to hold harmless and defend DENTON, its officers and employees, from any claims for injuries, damages or losses that arise from any act, omission or negligence of DISTRICT, its officers or employees, arising from the performance of this Agreement, unless said damages result from the-~.~-~w~// negligence of DENTON. 3.10 No Representations DENTON makes no representation cr warranty, express or implied, as to the character, quality or availability of the water 1060~001-001.AGT 10 to be taken and DISTRICT agrees to assume aiL1 such risks, accepting said water, if available, in the same state as it is pumped from the designated diversion points; nor does DENTON make any representation that such water will be suitable for the purpose for which DISTRICT desires to use it. DENTON shall not be liable in any event for the nonavailability of water hereunder, the unsuitability of such water or its quality, or the inability of DENTON to perform any obligation under this Agreement for reasons beyond its control, including rules or regulations of other governmental agencies. 3.11 Water Conservation Plan In the event DENTON is required to adopt a Water Conservation Plan, or has such a plan imposed upon it, it will so notify DISTRICT, and DISTRICT shall cooperate in carrying out the intent of the Plan. 3.12 Notices Any notice, request for information or other document to be given hereunder to any of the Parties hereto by the other Party shall be in writing and shall be hand-delivered or sent by certified or registered mail, postage prepaid, requesting evidence of receipt as follows: (a) If to DENTON, Addressed to: City of Denton Attention City Manager 215 East McKinney City of Denton, Texas 76201 1060/001-001 .AGT 1 1 (b) If to DISTRICT, Addressed to: Upper Trinity Regional Water District Attention: Executive Director Post Office Drawer 305 Lewisville, Texas 75067 Either Party may change the addr~ss for notice above by certified mail to the other Party at any time. 3.13 Governmental Immunity Not Waived Neither DENTON nor DISTRICT waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 3.14 Essential Services DISTRICT represents and warrants to DENTON that the services to be rendered by DISTRICT to its customers as a result of this Agreement are essential and necessary to the operation of its customers. DISTRICT agrees to require in all of its contracts with its customers the language contained in Exhibit "A". 3.15 Captions The captions of the various sections and paragraphs herein are intended for convenience or refe~ence only and shall not define or limit any of the terms or provisions hereof. 3.16 Governing Laws This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of Texas, including all matters of construction, validity and performance. 1060~,001-001.AGT 12 3.17 Nonwaiver The waiver by DENTON of any breach of any provision contained in this Agreement shall not be deemed to be a waiver of such provision for any subsequent breach of the same or any other provision. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly-authorized officers in multiple originals as of the date and year first above written. CITY OF DENTON, TEXAS ATTEST: Bob Castleberry, Mir ~ h[falters, y Sec~]~tary APPROVED AS TO LEGAL FORM: / Debra A. Drayovitch,~ 1060/001_001.AGT 13 UPPER TRINITY REGIONAL WATER DISTRICT J/~m Karl~dent ~oard of Directors ATTEST: UPPER TRINITY REGIONAL WATER DISTRICT Tom H~pool, ~ecret~y ~'~ Board of Directors APPROVED AS TO LEGAL FORM: . Boyle, Jr., Attorney Hutchison Boyle Brooks & Fisher 1060~001-001.AGT 14 EXHIBIT A Each of the Participating Members, respectively, represents and covenants that all payments to be made by it under this Contract shall constitute reasonable and necessary "operating expenses" of its combined waterworks and sewer system, as defined in Vernon's Ann. Tex. Civ. St. Article 1113, and that all such payments will be made from the revenues of its combined waterworks and sewer system or any other lawful source° Participating Members, respectively, represent and have determined that the treated water supply to be obtained from the System, including the Project and other System facilities, is absolutely necessary and essential to the present and future operation of its water system and that the System is the best long-term source of supply of treated water therefore, and accordingly, all payments required by this Contract to be made by each Participating Member shall constitute reasonable and necessary operating expenses of its respective system as described above, with the effect that the obligation to make such payments from revenues of such systems shall have priority over any obligation to make any payments from such revenues (whether of principal, interest, or otherwise) with respect to all bonds or other obligations heretofore or hereafter issued by such Participating Member. Each of the Participating Members agrees throughout the term of this Contract to continuously operate and maintain its waterworks system, its wastewater (sewer) system or both, and to fix and collect such rates and charges for water services, wastewater (sewer) services or both to be supplied by its system or systems as aforesaid as will produce revenues in an amount equal to at least (i) all of the expenses of operation and maintenance expenses of such system or systems, including specifically, its payments under this Contract, and (ii) all other amounts as required by law and the provisions of the ordinance or resolutions authorizing its revenue bonds or other obligations now or hereafter 1060~001-001 .AGT 1 5 outstanding, including the amounts required to pay all principal of and interest on such bonds and other obligations. The District covenants and agrees that neither the proceeds from the sale of the Bonds, nor the moneys paid it pursuant to this Contract, nor any earnings from the investment of any of the foregoing, will be used for any purposes, except those directly relating to the System, and the Bonds as provided in this Contract; provided that the District may rebate any excess arbitrage earnings from such investment earnings to the United States of America in order to prevent any Bonds from becoming "arbitrage bonds" within the meaning of the Internal Revenue Code of 1986 (the "Code") or any amendments thereto in effect on the date of issue or such Bonds. Each of the Participating Members covenants and agrees that it will not use or permit the use of the System in any manner that would cause the interest on any of the Bonds to be or become subject to federal income taxation under the Code or any amendments thereto in effect on the date of such Bonds. 1060\001-001.AGT 16 J:kWPDOCSkORDkUTRWD.ORD ORDINANCE NO. ~-~![~-- AN ORDINANCE OF THE CITY OF DENTON, TE~%S, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL ADDENDUM TO CONTP~ACT BETWEEN THE CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TP-ANSMISSION SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("the City") and the Upper Trinity Regional Water District ("the UTRWD") entered into a July 21, 1992 Contract for Water Treatment and Transmission Services ("the Contract") to provide for sale of treated water by City to UTRWD and for transmission and delivery by City of limited amount of UTRWD treated water from specified points to certain customers of UTRWD, including the City of Sanger ("Sanger"); and WHEREAS, said Contract provides in Section 6.4 thereof that: "To provide such service to Sanger, UTRWD shall have the option to purchase treated water from City at its posted price for wholesale treated water~ if such rate exists, or at City's rate for large industrial customers, or to request City to transport UTRWD's water according to the provisions of this Agreement", and WHEREAS, in lieu of City transporting UTRWD water for delivery to Sanger, UTRWD desires to purchase water on a wholesale basis from City for resale and delivery to Sanger, and City agrees to develop a wholesale rate for treated water; and WHEREAS, said Contract provides for transmission of UTRWD water by City not only to Sanger, but also to the City of Corinth ("Corinth") and to the Lake Cities Municipal Utility Authority ("LCMUA") for UTRWD; and WHEREAS, in general, City and UTRWD agree that direct delivery by UTRWD of its own water is to be preferred over any such transmission of UTRWD water by City; and WHEREAS, City and UTRWD agree to cooperate on an alternative strategy that will enable UTRWD to deliver its treated water directly to Corinth and LCMUA without transmission by City through its water system; and WHEREAS, City and UTRWD wish to supplement the July 21, 1992 Contract For Water Treatment And Transmission Services; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute an "Addendum to Contract between the City of Denton and the Upper Trinity Regional Water District For Water Treatment and Transmission Services", a copy of which addendum to contract is attached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds as required in the attached addendum is hereby authorized. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the--~A~ day of ~c~/~ 1997. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: [/~ '' ADDENDUM TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES THE STATE OF TEXAS COUN'I:Y OF DENTON This Addendum (the 'Addendum') to an existing c~-~ct styled as CONTRACT FOR WATER TREATMENT AND TRANSMISSION SERVICES, dated July 21, 1992, (the "Contract) by and between UPPER TRINITY REGIONAL WATER DISTRICT, (the 'District'), a conservation and reclamation disblct created pursuant to Article )(VI, Section 59 of the Constitution of the State of Texas, and the CITY OF DENTON ("De,-~on'), a municipal corporation, is made and approved as of Addendum'). WHEREAS, Denton and District entered into the July 21t, 1992 Contract for Water Treatment and Transmission Services to provide for sale of treated water by Denton to District and for transmission and delivery by Denton of limited amount of Distdct treated water from specified points to certain customers of District, including City of Sanger ('Sanger'); and WHEREAS, said Contract provides in Section 6.4 thereof that: "To provide such service to Sanger, District shal~ have the option to purchase treated water from Denton at its posted price for wholesale treated water, if SL ~ rate exists, or at Denton's rate for large industrial customers, or to request Denton to transport District's water according to the provisions of this Agreement.'; and ADDENDUM TO CONTRACT BETWEEN CITY OF DENTON AND UTRWD FOR WATER TREATNENT AND TRANSIVISSION SERVICES PAGE 2 WHEREAS, in lieu of Denton transporting Distdct Water for delivery to Sanger, Distdct desires to purchase water on a wholesale basis from Denton for resale and delivery to Sanger, and Denton agrees to develop a wholesale rate for treated water, and WHEREAS, said Contract provides for transmission of Oistdct water by Denton not only to Sanger but also to City of Corinth ("Corinth') and to Lake Citie,'~ Municipal Utility Authority (=LCMUA') for District; and WHEREAS, in general, Denton and Distdct agree treat direct delivery by District of its own water is to be preferred over any such transmission of District water by Denton; and WHEREAS, Denton and District agree to cooperate on an alternative s~ui. egy that will enable Distdct to deliver its treated water directly to Codnth and LCMUA without transmission by Denton through its water system. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the pa~ies agree to supplement the Cc~[~uct with this Addendum as hereinafter set forth, to-wit: Section 1.0. Preamble Incorporated That the matters stated in the preamble hereof are true and correct and are incorporated into the body of this Addendum as if copied in their entirety. Section 1.1. Scope of Addendum That the provisions of the Contract shall remain in full 'force and effect as supplemented by this Addendum. Further, Denton and District agree to add the provisions herein to provide for continued purchase of treated water by District from Denton on a wholesale basis and to facilitate the provision of direct treated water service by District to Codnth and LCMUA. ADDENDUM TO CONTRACT BETWEEN CITY OF DENTON AND UTRWO FOR WATER TREATIVENT AND TRANSIV~SSION SERVICES PAGE 3 Section 1.2. Exercise of Option to Purchase Tr®ated Water As provided in Section 6.4 of the Contract, Distdct does hereby elect to exercise its ".**option to purchase treated water from Denton at its posted pdce for wholesale treated water***' for resale to Sanger. Further, Denton agrees to make available such treated water for delivery and sale to District at the agreed delivery point (specified in separate contract) for the Sangpr Transmission Line. Denton will make reasonable capacity available and will deliver water to said delivery point at Denton's operating pressure normally maintained for that sector of its transmission and distribution system. Section 1.3. Quantity to be Delivered For the first Water Year of operation during which water is delivered under the contract to the designated delivery point for the Sanger Transmission Line, the initial amount of treated water to be delivered by Denton shall not exceed one-half million gallons per day (0.50 mgd). After the first Water Year of operations, Disbict may request increased quantity up to a maximum of one and one-quarter (1.25) mgd to be delivered by Denton. District shall give wd{ten notice to Denton at least one hundred twenty (120) days pdor to the beginning of a Water Year conceming the Peak Daily Volume of treated water being requested. Denton may, at its sole discretion, waive the written notice requirement upon w, itten request of District. If the requested Peak Daily Volume exceeds one-half million gallons per day (0.50 mgd), Denton shall determine if such additional water and such capacity to deliver the water are available. If, for the upcoming Water Year, Denton determines them is suff'~ent additional capacity and sufficient adoltional water to provide the District with the reque~-ted Peak Daily volume, Denton may, under terms of this Addendum and the Contract, provide such additional volume (or any portion thereof) for that Water Year. Section 1.4. Rates for Wholesale Treated Water Service The posted rates for wholesale treated water service provided under this Addendum may be expressed as a volume charge per thousand gallons plus a facility charge and an annual demand charge per unit of peak day usage, or may be expressed as a total unit pdce per thousand gallons of water delivered and metered for each Fiscal Year. The posted rates for wholesale treated water service shall include the cost of raw water, the cost of treatment, operation and maintenance ADDENDUM TO CONTRACT BETWEEN CITY OF DENTON AND UTRWD FOR WATER TREATmeNT AND TRANSt~SSION SERVICES PAGE 4 expenses of the Transmission System, pumping and energy costs, depreciation expense, and a return on Denton's applicable rate base. The rate base shall be Denton's actual net investment in that portion of its water system reasonably allocated to wholesale service, which net investment shall be equal to original cost less depreciation reserve. The ,authorized return shall be equal to the weighted average interest rate on all outstandin~ debt for Denton's Water Utility System plus one and one-half pement (1.5%). A street rental fee equal to four percent (4%) of total operation and maintenance cost may be included in operation and maintenance expenses. Depreciation expense will be based upon the original cost of all capital facilities, both invested and contributed capital, which facilities am expected to be replaced by Denton at a future date in order to maintain service. Pipelines and ct. her facilities paid for by the District, Corinth, LCMUA or others shall not be included in Denton's investment cost for calculating a return but may be included when calculating operating and maintenance expense. Costs to transport water shall be calculated on a system-wide basis, excluding distribution facilities, and shall be limited to the 'rransmission System which shall not include the cost of transporting water through lines smaller than twelve (12) inches in diameter. The test year for establishing the rate for wholesale treated water service shall be the projected year for which the rate is proposed to be applicable. Test year data shall be obtained from actual data of the second year prior to the test year with adjustments made for known or verifiable changes. Section 1.6. Nofioe/O~Dort~nity to Comment Denton shall give timely notice to District with opportunity to comment on Denton's cost analysis in each year that it proposes to revise rates for service provided herein. Such notice and such opportunity to comment on the cost analysis provided shall conform to the provisions of Section 7.4 and 7.5 of the Contract. Section 1.6. Transmission Line to LCMUA/Corinl~ District desires to construct a transmission pipeline to allow Distdct to deliver treated water directly to LCMUA and Codnth without relying on D;nton to transport District water through Denton's Transmission System. A certain transmission line being used by Denton to deliver treated water to LCMUA and Codnth was paid for by the users, was dedicated to Denton, and is now the property of Denton. Denton agrees to convey to Distdct said pipeline facilities and related appurtenances. ADDENDUM TO CONTRACT ~EN CITY OF DENTON AND UTRWO FOR WATER TREATMENT AND TRANSNIS~ION SERVICES PAGE $ The property to be conveyed shall be that portion of the transmission line and related facilities shown on Exhibit C, which Exhibit is attached hereto and incoq~orated herein for ail purposes. As consideration, District agrees to grant to Denton an increased interest in the Joint Transmission Line pursuant to the May 6, 1993 Joint Ownership and Operations Contract (as supplemented). As additional consideration for the facilities being conveyed, Distdct agrees to relieve Denton of its obligation to provide long-term Transmission Service for District water to LCMUA and Codnth. Denton and District agree to coordinate and cooperate on necessary pipeline improvements by District to enable the District to use said pipeline being conveyed for direct delivery of District treated water to. LCMUA and Corinth. The effective date for transfer of ownership of said pipeline from Denton to Distdct shall be the day that Distdct first uses the pipeline to deliver its water to LCMUA or Corinth. Said date shall be confirmed by Distdct to Denton by written notice. Seotion 1.7. Emeraenc_v Connection In conjunction with the conveyance of the LCMUA/Codnth pipeline as provided in Section 1.6 hereof, Distdct shall pay for and arrange for improvements approved by Denton to enable an Emergency Connection at the approximate location shown on Exhibit C. The Emergency Connection shall be established by and maintained for the mutual benefit of Denton and Distdct for the Primary Term of the Contract. The Emergency Connection normally shall be closed. In the event of a water system condition which generally would be regarded as an emergency in the water utility industry, and upon the request of either part~, the perties may mutually agree to open the emergency connection. Examples of a system condition to be considered an emergency shall include (without limiting the scope of such conditions): · A disruption in whole, or in pad, of either party's water supply, · An electrical outage, which adversely affects water service, Contamination of either party's water supply, or · Failure of a major system component such as a pipeline or pump. Failure to plan 'or an adequate water supply does not constitute an emergency. Dudng the time of such emergency, the requesting party will expedite efforts to overcome the emergency; and, the other party will supply water to the extent reasonably available and prudent under the circumstance. ADDENDUM TO CONTRACT BETWEEN CITY OF DENTON AND UTRWO FOR WATER TREATWE[NT AND TRANSMISSION SERVICES PAGE 6 With approval of the supplying party, the benefitling party will be responsible for any necessary improvements, arrangements or facilities to deliver and receive the water. The party supplying the water under emergency conditions provided for in this Section shall be compensated for the water delivered. If the volume of water delivered during the emergency conditions is not determined by m~ter, the parties shall use the best information readily available to develop an estimate of such volume. The benef'~ing party shall compensate the supplying party as mutually agreeable. Section 1.8. Sale of Treated Water The Contract provides for Denton to sell treated water ~:o District for resale to certain parties during the Initial Period of the C(x~-act (through Water Year 1998). Other provisions of the Contract notwithstanding, Denton agrees that District may reduce or discontinue purchase of treated water from Denton during the Initi~ Period. If such reduction or discontinuance is related to the District's own water treub~.~nt plant and delivery facilities becoming operational, there shall be no imposition of the Minimum Water Volume provisions of Section 3.3; provided that the tofal revenue received by Denton from District for purchase of both treated water and untreated raw water shall be equal to or greater than the revenue (not including Variable Costs) that Denton would otherwise have received ir District had continued purchasing only treated water through the 1997 Water Year pursuant to the Contract. Seotion 1.9. Term of Addendum This Addendum shall be effective on and from the Date of Addendum. The Addendum shall continue for the Primary Term of the Contract and for any renewals thereof. ADDENDUM TO CONTRACT BETWEEN CITY OF DENTON AND UTRWD FOR WATER TREATMENT AND TI~a~NSMISSION SERVICES PAGE 7 IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Addendum to be duly executed in several counterparts, each of which shall constitute an original, all as of the day and year first above written, which is the Date of Addendum. UPPER ']~'RINITY REGIONAL WATER DISTRICT Richard Huckaby President, Board of Directors-- ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY OF DENTON, TEXAS Ted Benavides, City Manager ~ ATTEST: (~r~n'if~' W~'~ters, City Secretary APPROVED AS TO LEGAL FORM: Herb Prou~y, Cify ~tto~ney c:~ DENTON\CONTRACT~ADD-WT&T 103 REGIONAL WATER DISTRICT TO: Howard Martin DJ~of Environ~Y~perations, City of Denton FROM: Thom.~~, Executive Director DATE: November 12, 1996 RE: Contract Addendums On November 7, the Board of Directors approved both Contract Addendums. Enclosed are 3 executed originals of each Addendum. Your scheduling the Addendums for consideration by the City Council will be appreciated. Upon approval, please execute the documents and return 2 originals of each document to me. Based on my discussion with both you and Tim Fisher, I understand that one issue is still being discussed - the matter of how Denton's share of the Sanger Transmission Une will be reimbursed. The provisions of the Addendum provide for flexibility; however, if you desire a different method of repayment to be specified, please let me know as soon as possible. I can provide a substitute page for insertion in the Addendum. Howard, I appreciate your help and cooperation in preparing these documents. This is another example of how cooperation and creativity produce good benefits for both Denton and the District. Call me if you have any questions. c: Mr. Robed E. Nelson, Executive Director of Utilities, City of Denton Ench (1) Addendum to Joint Ownership and Operations Contract Between City of Denton and UTRWD - Regarding Participation in Sanger Transmission Line (2) Addendum to Contract Between City of Denton and UTRWD - For Water Treatment and Transmission Services AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MAN- AGER TO EXECUTE ADDENDUM NO. 2 TO CONTRACT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES; AUTttORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") and the Upper Trinity Regional Water District ("District") entered into a July 21, 1992 Contract for Water Treatment and Transmission Serv- ices (the "Contract") to provide for the sale of treated water by the City to the District and for transmission and delivery by the City of a limited amount of the District's treated water from a specified point to certain customers of the District; and WHEREAS, the City and the District entered into an addendum to the Contract on Feb- ruary 4, 1997 to provide for the continued purchase of treated water by the District from the City on a wholesale basis and to facilitate the provision of direct and treated water service by the Dis- trict to the Cities of Sanger and Corinth, and the Lake Cities Municipal Authority; and WHEREAS, the Contract provides in Section 7.6 "Denton's Option to Purchase Interim Water" thereof that: The District hereby agrees upon reasonable notice to allow Denton to purchase interim water out of surplus treatment capacity to be considered in the future by the District and for transmission service related thereto. This option may be exercised by Denton to al- low it to defer construction of its own treatment capacity or to minimize the amount of reserve capacity constructed in connection therewith. The terms and conditions of such sale by the District to Denton shall, to the extent applicable, be the same as herein, but may be modified by the mutual agreement according to the conditions and circumstances then existing; and WHEREAS, the City wishes to exercise its option to purchase interim water from the District and understands that the District's ability to deliver such water to the City is contingent upon the District entering into an agreement with the Argyle Water Supply Corporation ("AWSC") to transport such water from the District's system to the City's system; and WHEREAS, the City realizes that the District's obligation under the addendum to the Contract to initiate the requested water service is also contingent upon the City completing the delivery, metering, and distribution facilities and making them operational so that the City is ready to receive the water; and WHEREAS, the City Council deems it in the public interest to approve this Second Ad- dendum to the Contract; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute Addendum No. 2 to Contract Between the City of Denton and the Upper Trinity Regional Water District for Water Treatment and Transmission Services, substantially in the form of the Addendum which is at- tached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds as required in the attached Addendum No. 2 is hereby authorized. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/7__ day of ,1998. JAC~IL~LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY // Page 2 ADDENDUM NUMBER TWO TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES THE STATE OF TEXAS § COUNTY OF DENTON § This Addendum (The "Addendum") to an existing contract styled as CONTRACT FOR WATER TREATMENT AND TRANSMISSION SERVICES, dated July 21, 1992, (the "Contract") by and between UPPER TRINITY REGIONAL WATER DISTRICT, (the "District"), a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas, and CITY OF DENTON ("Denton"), a municipal corporation, is made and approved as of the -- ~ ~- day of ~ff/'-~/gff'/'L' . 1998 (the "Date of Addendum"). WITNESSETH: WHEREAS, Denton and District entered into the July 21, 1992 Contract for Water Treatment and Transmission Services to provide for sale of treated water by Denton to District on an interim basis and for transmission service related thereto; and WHEREAS, said Contract provides in Section 7.6 thereof that: "District hereby agrees upon reasonable notice to allow Denton to purchase interim water out of surplus treatment capacity to be constructed in future by District and for transmission service related thereto. This option may be exercised by Denton to allow it to defer construction of its own treatment capacity or to minimize the amount of reserve capacity constructed in connection therewith. The terms and conditions of such sale by District to Denton shall to the extent applicable be the same as herein, but may be modified by mutual agreement according to the conditions and circumstances then existing." which provisions are applicable for the Primary Term of the Contract; and ADDENDUM NUMBER TWO TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES PAGE 2 WHEREAS, Denton has requested that District provide ~nterim treated water service on a wholesale basis for resale to retail customers in new subdiwsion(s) being developed within the southwest portion of Denton until Denton's own transmission facilities are available in that area; and WHEREAS, District currently has adequate surplus water treatment and transmission capacity to meet Denton's interim requirements as requested; and WHEREAS, the area to be served in Denton is adjacent to the existing distribution system of Argyle Water Supply Corporation (AWSC) which currently receives treated water from District; and WHEREAS, District's ability to deliver such water to Denton is contingent upon District entering into an agreement with AWSC to transport such water through its system from District's system to Denton's system; and WHEREAS, provisions for the Initial Period of the Contract specify how the cost of such interim water service will be determined, initially for interim service from Denton to District, but pursuant to Section 7.6 thereof, for service by District to Denton during the Primary Period; and WHEREAS, the delivery and metering facilities contemplated herein, after serving their purpose for this Addendum, are expected to become part of a long-term emergency interconnection to be developed between Denton and AWSC by separate agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree to supplement the Contract with this Addendum as hereinafter set forth, to-wit: AGREEMENT Section 1.0 Preamble Incorporated The matters stated in the preamble hereof are true and correct and are incorporated into the body of this Addendum as if copied in their entirety. ADDENDUM NUMBER TWO TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES PAGE 3 Section 1.1 Scope of Addendum The provisions of the Contract shall remain in full force and effect as supplemented by this Addendum. Denton and District agree that the general provisions of the Contract for services, which were supplied initially by Denton to District, shall be applied, pursuant to Section 7.6 of the Contract, to services to be provided by District to Denton under this Addendum. Further, Denton and District agree to add the provts~ons herein to supplement the Contract with respect to purchase of interim treated water by Denton from District and the transportation thereof. Dismct agrees to provide interim water service to Denton in the quantity, at the location and according to the terms specified in the Contract and this Addendum. Section 1.2 Definitions For the purposes of this Addendum, the following definition is hereby added: "Fire Flow" means the maximum volume of water estimated by Denton that may be needed to fight a fire in that portion of Denton to receive ~nterim water service. Section 1.3 Treatment and Transmission Service For the purposes of this Addendum, wherever applicable under the circumstances, the provisions of Article II, INITIAL PERiOD FOR WATER TREATMENT AND TRANSMISSION SERVICES, of the Contract are hereby agreed to apply to the requested services to be supplied to Denton by District during the Primary Term of the Contract; in effect, wherever applicable under the circumstances the terms, "District" and "Denton" will be interchanged to provide a like basis for the services to be provided by District to Denton, hereunder. Section 1.4 Volume and Notice For the purposes of this Addendum, wherever applicable under the circumstances, the provisions of Article III, WATER SERVICE, of the Contract are hereby agreed to apply to the services to be supplied to Denton during the Primary Term of the Contract, with the following modifications: a.) The Peak Day Volume requested by Denton and to be supplied by District shall be 0.30 mgd; b.) Prior to each Water Year, Denton may request an adjustment in the Peak Day Volume for ADDENDUM NUMBER TWO TO CONTRACT BETINEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES PAGE 4 consideration by District. c.) Denton agrees, during each Water Year to pay District, on a take or pay basis, for a minimum water volume based upon the Peak Day Volume requested or taken, whichever is greater, by Denton for each Water Year. The minimum water volume for any water year shall not be less than the Peak Day Volume requested by Denton multiplied by 365 times 50%. d.) The period for the interim service to be provided by District shall begin ~vhen specified herein and may extend through the Water Year 2002. Section 1.5 Delivery and Metering Conditions For the purposes of this Addendum, the provisions of Article IV DELIVERY, LOCATION, METER1NG CONDITIONS, of the Contract are hereby supplemented as follows: a.) Delivery and Metering District agrees to deliver treated water hereunder to Denton at the Delivery Point defined in Exhibit "1", attached hereto and incorporated herein by reference for all purposes, and at any other such Delivery Point(s) as may be mutually agreed upon in writing by the Part~es. The cost of acquir/ng, designing, installing and constructing all water delivery and metering equipment or facilities necessary to fulfill the provisions of this Addendum, including, but not limited to, water lines to metering points, meters, meter vaults and associated valves, shall be borne by Denton. All plans for metering facilities and pipelines related thereto shall conform to District requirements and shall be submitted to District for its written approval prior to installation, which approval will not be unreasonably withheld. These facilities shall remain the property of Denton. District shall have access to and the right to inspect all facilities constructed and owned by Denton which pertain to, and are covered by this Addendum. Denton represents and covenants that it has acquired or will acquire, prior to the installation of metering equipment, the necessary easements or rights-of-way upon which the metering facilities and associated appurtenances for all Delivery Point(s) will be placed. Denton shall provide, at its expense, a connection to the AWSC SCADA system to monitor the flow ADDENDUM NUMBER TWO TO CONTRACT BE3~NEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES PAGE 5 rate of the Denton meters covered by this Addendum. Such connection to AWSC's SCADA system shall be compatible with said SCADA system and of design and construction acceptable to AWSC and D~strict. AWSC and District shall not unreasonably withhold their approval of the design and construction of this connection. b.) Maintenance and Calibration of Meters All water furnished shall be measured by meters installed by Denton at the Delivery Point(s). Denton agrees to maintain said meter(s) and to cause repairs and adjustments to be made promptly. Denton shall test the meter(s) annually. The cost of meter repair and testing shall be borne by Denton. Upon the request of District, Denton shall test the meter(s) more frequently than annually; but, such additional test(s) shall be at District's expense, except when an error in metering is found to exceed 2%. Ifa meter is found to be in error by more than plus or minus two percent (2%), adjustments to the water bills shall be made accordingly. If either Party at any time observes an apparent error in meter registration or reading, such Party will promptly notify the other Party. Denton shall promptly arrange for a calibration test to be performed by an uninterested third party and joint observation of any adjustment. Denton shall give District at least forty-eight (48) hours notice of the time of all tests of meters so that District may conveniently have a representative present. If, for any reason, any meters are out of service so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered during the period such meter(s) are out of service or out of repair shall be estimated and agreed upon by the Parties hereto upon the basis of the best data available. For such purposes, the best data available shall be deemed to be readings from individual meters within the portion of Denton's system supplied with water by District with a reasonable allowance for leakage, Fire Flow, and fire flushing. If such data is not available, meter readings at the Delivery Point(s) for a similar period of time estimating the quantity of water by deliveries during the preceding periods under similar conditions when the meter(s) was registering accurately shall be the best data available. ADDENDUM NUMBER TWO TO CONTP-ACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSM)SSION SERVICES PAGE 6 Cl) Rate of Flow Controller Under normal conditions of service, a rate-of-flow controller will not be required to be installed at the Delivery Point(s). However, if Denton's requested Peak Day Volume is reached or exceeded under normal non-emergency conditions on two or more consecutive days within a seven-day period, or five or more days w~thin a consecutive thirty-day period, then, if requested by District, Denton shall promptly install a rate-of-flow controller(s). Denton shall bear all costs of acquiring, designing, installing, constructing and maintaining all equipment and i~cilities necessary for the required rate-of-flow controller(s). Such rate-of-flow controller(s) shall be set at Denton's Peak Day Volume as requested for the Delivery Point(s), as provided herein, and shall be set on June 1 or later of each Water Year. The total of all Peak Day Volume settings requested by Denton shall not exceed the authorized Peak Day Volumes prowded herein. District does not warrant that sufficient volume of water will be available for Fire Flow requirements. d.) Delivery/Check Valve Denton shall receive water from District, either through an open discharge into a ground storage or elevated storage tank, or into a supply line. If delivered into a supply line, an appropriate backflow preventor check valve may, at District's sole discretion, be required to be placed by Denton in the delivery line. However, if the Delivery Point(s) indicated in Exhibit "1" are the sole source of water for the area being served, then the backflow prevention device requirement may be waived by District. Ifa backflow device is required under the provisions of this Section, all costs for acquiring, designing, installing, constructing and maintaining all equipment and facilities necessary for the required backflow device shall be borne by Denton. e.) Ownership Upon termination of services hereunder, the facilities installed or constructed by Denton shall remain the property of Denton, subject to a separate agreement that may be developed by Denton and AWSC for an emergency interconnection. f.) Access Denton shall provide continuous access to all water delivery and metering facilities to allow District and AWSC to read, monitor and control the meters and flow of water through such facilities. ADDENDUM NUMBER TWO TO CONTRACT BETWEEN CiTY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES PAGE 7 g.) Reports and Notice After filling, flushing and testing is completed on Denton's internal distribution system to be served under this Addendum, Denton will furnish a copy of the inspection report and the bacteriological test report to District and to AWSC for their information and files. Denton agrees to provide a minimum 48-hour notice to District and AWSC to request initial opening of valve to initiate flow of water at Delivery Point. h.) Operational Conditions After service is initiated hereunder, Denton shall continue to keep District and AWSC informed about operating needs and conditions, including notice of any failed bacteriological test. i.) Meter Readings A larger meter than needed for regular service is being installed to allow for maximum flow. However, it is agreed that such meter will not reliably measure low-flow quantities of water that are typically expected during the early stages of the development to be served. The meter should accurately measure high-flow events such as water main flushing and emergency events. To avoid the expense of a metering system that would reliably measure both high and low-flow conditions, the parties agree to use an alternative procedure. For bilhng purposes, the District will add the quantity measured by the Delivery Point meter to the total measured by all retail meters served. Denton agrees to provide the retail meter readings to Districl. When District is satisfied that a more accurate method of meter reading is available, the District ~vill make the appropriate change after consultation with Denton. Section 1.6 Rates and Charges For the purposes of this Addendum the provisions of Article VII RARES AND CHARGES FOR SERVICE are hereby supplemented as follows: a.) District will determine the rate applicable to service under this Addendum in a manner substantially as provided in Article VII of the Contract. The initial rate for water service shall be $1.30 per 1,000 gallons. Said rate may be changed fi.om tim,: to time by District in accordance with the Contract. ADDENDUM NUMBER TWO TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES PAGE 8 b.) D~stnct shall notify Denton by May 1 of each year of its intent to change rates or charges hereunder. Denton shall have at least 60 days to review and comment on the proposed changes, prior to submission to the District Board of Directors for approval. Denton may have access to the D' ~strlct s books and records at reasonable times upon reasonable notice to review the basis for the proposed changes in rates or charges. c.) Denton will reimburse District for a Transportatior~ Service Fee equal to the corresponding fee to be prod by District to AWSC for such service as provided in a separate agreement between District and AWSC. The purpose of such separate Transmission Agreement is to provide for transportation of District treated water through AWSC's system for delivery to Denton at the Delivery Point(s) shown in Exhibit 1. d.) Denton shall have an opportunity to review proposal changes in the Transportation Service Fee, subject to the limitations expressed in the Transmission Agreement with AWSC. e.) Water service provided under this Addendum shall utilize temporarily surplus capacity of the Dmtrict's Regional Treated Water System. If Denton desires that service hereunder continue after the District's surplus capacity has been exhausted, Denton agrees that District may discontinue service on 60-day notice or may revise rates to reflect full cost of service on a parity with other customers of Disthct. Section 1.7 Addendum Subject to Agreement with AWSC This Addendum ~s contingent upon and subject to the terms of a separate agreement between District and AWSC for transportation of District water through AWSC's system from District's system to Denton's system. No portion of this Addendum or action by Denton related to service provided to Denton by District in accordance with this Addendum shall cause District to be in breach of said agreement between District and AWSC. A copy of the Transmission Agreement with AWSC is attached hereto as Exhibit 2. Section 1.8 Initiation of Service District agrees to initiate the requested service upon the following conditions being completed: a.) Approval of an agreement between District and AWSC to transport water for District to the ADDENDUM NUMBER TWO TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES PAGE 9 Delivery Point; and b.) Written notice from Denton that delivery, metering and distribution facilities are completed and operational and that Denton is ready to receive the water. Section 1.9 Termination of Service Within the effective term of this Addendum, Denton may discontinue the services provided hereunder at any time upon sixty (60) days written notice to District. District may discontinue service according to the terms of the Contract. Section 1.10 Term of Addendum This Addendum shall be effective on and from the Date of Addendum specified in the opening paragraph herein. The Addendum shall continue through midnight, May 31, 2002, unless extended by mutual agreement of the Parties. Initiation of service under this Addendum shall be in accordance with Section 1.8 hereof. UPPER TRINITY REGIONAL WATER DISTRICT Richard H. Huckaby President, Board of Directors ATTEST: Merle Lindby-Young Secretary, Board of Directors ADDENDUM NUMBER TWO TO CONTRACT BETWEEN CiTY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SERVICES PAGE 10 APPROVED AS TO FORM AND LEGALITY: John F. Boyle, Jr., Counsel for the District CITY OF DENTON, TEXAS Ted Benavides, City Manager ATTEST: J~qif;r'Q~Y~s, City Secreta¢ APPRO ~.VED ~A~ TO F/QRM ~qO LEGALITY: Herb Proud, Ci~ A~omey A EXHIBIT 2 Page 1 of 3 396 W Mare. Susie P O Drawer 305 · Lew~swlle TX 75067 REGIONAL WATER DIS"I"'RICT (972) 219-1228 . Fax (972) 221 ;896 February 27, 1998 Mr. Randall Davis General Manager Argyle Water Supply CorporatJon P.O. Box 174 Argyle, Texas 76226 Re: Temporary Water Service to Denton Dear Mr. Davis: Denton has requested that the DL~L~ict sell and deliver .';urplus treated water on an interim basis to Denton to support subdivision development in southwest Denton near AWSC's distribution system. A key element necessary to District providing such water to Denton is an agreement between District and AWSC to transport District water across AWSC's system for delivery to Denton at the location shown in the attached sketch. This memorandum is to formalize the water transportation agreement between AWSC and District. Concerning the proposed agreement with Denton to provide the requested service, District will include in the agreement appropriate provisions for design, cons[~-uction and maintenance improvements necessary to deliver and meter water for Denton pertaining to this transportation agreement. Such provisions will include connecting the metering facility to AWSC's SCADA system. The amount of water to be transported by AWSC will not exceed 300,000 gallons per day wi~J=out your approval. Di~[~ict will provide water to AWSC for transportation to Denton by AWSC at the existing point for metering and delivery of District water to AWSC on Fincher Road. For billing purposes, District will reduce the volume basis for calculating the monthly bill owed by AWSC to Disbict by the volume delivered to Denton through AWSC's system during the corresponding period and metered at the location shown on the attached sketch. This agreement shall not cause any change in the demand portion of the bill owed by AWSC to District. For operational purposes only, District will in.ease the rate of flow control set, rig at its delivery point to AWSC to compensate for the delivery rate of District water to Denton through AWSC's system. AWSC will bill District on a monthly basis for transportation of the volume of water delivered to Denton by District at the metering location shown on the attached sketch. EXHIBIT 2 Page 2 of 3 Mr. Randal Daws February 27, 1998 Re: Te~c~omry Water Serv~e to De~ton Page 2 During the period from the effec'dve date of this agreement through May 31, 1999, the rate charged District by AWSC for transportation of District water under this agreement shall be $0.133 per thousand gallons, based on a high service pumping energy cost factor of $0.083 and a factor for other costs of $0.05 per thousand gallons. The energy portion of this transportation rate may be adjusted each water year beginning June 1, 1999, upon sixty (60) days written notice by AWSC to District. If AWSC agrees to provide the proposed services under the terms described, please indicate by signing below. For Argyle Water Supply Corporation Executive Director ' Title Approved: Richard Huckaby, President d.._.) ~ Upper Trinity Regional Water District Date Attch: Sketch of Delivery Point to Denton \~ - EXHIBIT 2 ~ \'\ Page 3 of 3 Meter Location & Delivery Point ~: ,,~~-~'~ " 911.r A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECI~ARING AN EFFECTIVE DATE. WHEREAS, the term of office of John F. McGrane, a member of the Board of Managers of the Denco 9-1-1 District expires on August 31, 1992; 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 District 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~CTI~ Il That the City of Denton, Texas hereby nominates Q.~.~/~ /~~. to serve as a member of the Board of Ma~rs ~f the Emergency Communication District of Denton County. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval.~/ ~/~ ~ PASSED AND APPROVED this th~.-,~ day of , 1992 . ATTEST: JENNIFER WALTERS, CITY SECRETARY BY : buildnam.r NOTE: Amended by Ordinance No. 98-203. RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, FORMALLY ADOPTING NAMES FOR CERTAIN CITY FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton will soon be in the process of expanding and renovating its facilities; and WHEREAS, in order to maintain an orderly flow of business and to better accommodate citizens using City facilities, a committee of the City Council has studied the issue and submitted recommenda- tions to the City Council for the designation of names for certain City facilities, and the Council wish to accept same; NOW, THERE- FORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That area encompassing the Civic Center Park which is bounded by Withers Street on the north, Bell Avenue on the east, McKinney Street on the south and Austin and Oakland Streets on the west shall be known as the "O'Neil Ford Civic Complex." The fol- lowing buildings shall be located within the O'Neil Ford Civic Complex: Emily Fowler Library, Denton Senior Center, Civic Center Pool, civic/Convention Center and City Hall. SECTION II. That those facilities located at 601 East Hickory and 604 East Hickory, formerly owned by Moore Business Forms, shall be known as the "Denton Municipal Complex." SECTION III. That facility located at 221 North Elm Street shall be known as "City Hall West." SECTION IV. That this resolution shall become effective immediately upon its passage and ap,~val./~ . [~ ~ BOB CASTLE ERRY, MAYO/ ATTEST: ~ ~ JENNIFER WALTEi..S, CITY SECRETARY ~ ORDINANCE NO. (~?- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, FORMALLY AMENDING RESOLUTION NUMBER R92-040 TO RENAME THE DENTON MUNICIPAL COMPLEX; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton will soon be in the process of expanding and renovating its facilities known currently as the "Denton Municipal Complex" and so named by Resolution Number R92-040 passed by the City Council on July 21, 1992; and WHEREAS, in order to maintain an orderly flow of business and to better accommodate citizens using City facilities, a committee of the City Council has studied the issue and submitted recommendation to the City Council for renaming certain facilities including the Denton Municipal Complex, and the Council wishes to accept and implement the same; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That Resolution Number R92-040 is hereby amended by renaming those facilities located at 601 East Hickory and 604 East Hickory, £ormerly owned by Moore Business Forms, and currently known as the Denton Municipal Complex as "City Hall East". SECTION II: That save and except as amended hereby the remaining sections of Resolution number 92-040 shall remain in full force and effect. SECTION III: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~;~)/}~' d~~.~ ,1998 /IILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AP V AS TO LEGAL FORM: S'\Our Documents\Ordmanees\98\City Hall East Ordinance.doc e:wpdocs\tmpa.r 1635.2 RESOLUTION NO. t~-~/ A RESOLUTION APPOINTING TOM HARPOOL TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECI~ARING AN EFFECTIVE DATE. WHEREAS, term of office of Tom Harpool on the Board of Direc- tors of the Texas Municipal Power Agency has expired; NOW, THERE- FORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That pursuant to the terms and provisions of Ordinance No. 75-22 of the City of Denton,, Texas, Tom Harpool is hereby appointed to a two year term of office on the Board of Directors of the Texas Municipal Power Agency, the term of office beginning July 31, 1992 and ending July 30, 1994. SECTION II. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the ~day of ~~C3_ ,~ , 1992. BOB CASTLEBERRY, MA; ~ ATTEST: I JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ALL0029D A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, 100 BLOCK OF WEST OAK STREET, 100 BLOCK OF NORTH LOCUST STREET AND 100 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 19, 1992; AND PRO- VIDING 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, the Denton County Courthouse remains the historical and sentimental center of our county and a familiar landmark on the Denton horizon; 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, in order to provide adequate space for County Seat Saturday, a celebration, and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close the 100 Block of North Elm Street, 100 Block of West Oak Street, 100 Block of North Locust Street and 100 Block of West Hickory Street, comprising the "Court- house Square", from the hours of 6:00 a.m. until 6:00 p.m. on September 19, 1992; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the 100 Block of North Elm Street, 100 Block of West Oak Street, 100 Block of North Locust Street and 100 Block of West Hickory Street, comprising the "Courthouse Square", shall be temporarily closed as public streets or thoroughfares of any kind or character whatever on September 19, 1992 from 6:00 a.m. until 6:00 p.m. for the purpose of holding "County Seat Saturday". SECTION II. That the City Manager shall direct the appro- priate City 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 19, 1992. SECTION III. 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 19, 1992. SECTION IV. That this resolution shall take effect and be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this the ~day of ~/~L~ , 1992. BOB CASTLEBERRY, ;R ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2 ALL002E7 A RESOLUTION OF THE CITY OF DENTON, TEXAS ~~ THE 1992-93 BUDGET OF THE DENTON CENTRAL APPRAISA-/L/ DI~TR~; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 1992-93 proposed budget cf the Denton Central Ap- praisal District was submitted to the Cit~ of Denton before June 15, 1992; and WHEREAS, the Denton Central Appraisal District adopted this proposed budget on July 16, 1992; and WHEREAS, the City of Denton has 30 days from the adoption of the proposed budget by the Denton County' Appraisal District to adopt a resolution approving or disapproving it; and WHEREAS, the proposed budget contains a list showing each proposed position, the proposed salary for the position, all benefits proposed for the position, each proposed capital expenditure, and an estimate of the amount of the budget that will be allocated to the city of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION _I_. That ,the City Council, pursuant to Article 6.06 of the Te-~as Tax Code, ~3Z~~ the 1992-93 budget adopted by the Denton Central AppraJ(~al District on July 16, 1992. SECTION II. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the --'~/~7~;'~day of ~~,~ 1992. JENNIFER WALTERS, CITY SECRETA APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ALL002EF A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING AN ADA PARATRAN- SIT PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Americans with Disabilities Act (ADA) was signed into law on July 26, 1990; and WHEREAS, one of the requirements of the ADA is a paratransit plan which describes how the City of Denton will comply with the ADA paratransit requirements; and WHEREAS, the Advisory Committee and representatives of social service agencies serving the disabled community participated in the development of a proposed paratransit plan for the City; and WHEREAS, the proposed paratransit plan was presented at a public hearing that was properly publicized and public comment was accepted and considered in the preparation of the final paratransit plan; and WHEREAS, the ADA Advisory Committee members and social service agency participants have reviewed and recommended the adoption of the paratransit plan; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the ADA paratransit plan, a copy of which is attached hereto and incorporated by reference herein, be approved and authorized as submitted and that the City Manager is authorized to execute any requisite certifications related thereto. SECTION II. That this resolution shall be effective immedi- ately upon its passage and approvals. That the implementation of the ADA paratransit pl.an shall begin .o.n ~eptember/~l,1992., PASSED AND APPROVED this the /~/ day of ~~,, 1992. ATTEST: ~ JENNIFER WALTERS, CITY SECRETARY ~ APPRO AS TO LEGAL FORM: DEBRA~. DRAYOVITC~, CITY ATTORNEY TABLE OF CONTENTS SECTION 1 GENERAL INFORMATION ................................. 2 SECTION 2 DESCRIPTION OF FIXED ROUTE SERVICE ................... 2 SECTION 3 DESCRIPTION OF EXISTING PARATRANSIT SERVICES ................................. 3 SECTION 4 DESCRIPTION OF PROPOSED COMPLEMENTARY PARATRANSIT SERVICES ................................. 5 SECTION 5 DESCRIPTION OF PROPOSED ELIGIBILITY DETERMINATION PROCESS ............................... 10 SECTION 6 DESCRIPTION OF THE PUBLIC PARTICIPATION PROCESS ............................... 13 SECTION 7 COORDINATION OF SERVICES WITH OTHER PUBLIC AGENCIES ........................ 13 SECTION 8 CERTIFICATIONS AND RESOLUTIONS ...................... 14 SECTION 1 GENERAL INFORMATION Denton, Texas, has been served by Services Program for Aging Needs, Inc. (SPAN) since 1974 as the transportation provider. SPAN began contracting with the State of Texas in 1974 to provide demand response transportation to the elderly and mobility impaired. A fixed route system began in November 1989. SPAN received Section 18 UMTA funds from 1988 through 1991. In the 1990 U.S. Census, the City of Denton became a small urbanized area (population between 50,000 and 200,000). The City of Denton became the grantee and designated recipient of this new Section 9 federal funding for urbanized areas. The City of Denton will be contracting with SPAN to provide continued demand response and fixed route transportation in the city limits. CITY OF DENTON SPAN, INC. 215 E. McKinney 1800 Malone Denton, TX 76201 Denton, TX 76201 CONTACT PERSON: CONTACT PERSON: Catherine Tuck Sharon Olufsen City Manager's Office Transportation Coordinator (817)566-8307 (817)382-2224 fax (817)566-8236 fax (817) 383-8433 SECTION 2 DESCRIPTION OF CURRENT FIXED ROUTE SERVICE Population: 66,270 per 1990 Census Service Area: 54.03 square miles Route Structure: 4 city routes (See system map-Attachment A) Days & Hours: Monday-Friday 7:00 a.m. - 7:00 p.m. Saturday and Sunday No service No service on New Year's Day, Thanksgiving, and Christmas Fare Structure: Adult .75 Elderly & Disabled .35 Children under 6* free *when accompanied by a paying passenger Transfers free Fleet Information-September 1992 Model Seating Equipment Number Year Options in Fleet 1985 36 none 2 1984 32 none 1 1991 28 A/C, W/L, PA 1 1992 27 A/C, W/L, PA 1 NOTE: A/C = air conditioned W/L = wheel chair lift PA = public address system SECTION 3 DESCRIPTION OF EXISTING PARATRAN$IT SERVICES Eligibility Requirements: All persons 60 and over qualify Persons with a disability who have completed a HandiHop Application (see Attachment B) Service Area: 54.03 square miles (city limits) Response Time: Consumers are required to call in the day before the appointment. Appointments for an entire week or month may be made at one time. Given the number of vehicles in the fleet, if the schedule is full, no one else is scheduled unless there are cancellations. Will-calls or same day requests are handled as the schedule will allow. The office is not open on Saturday or Sunday at the present time. Therefore, currently a trip for Monday must be scheduled on 3 the previous Friday. Fare Structure: Persons 60 and over Suggested Donation $1.50 per trip Persons under 60 Fare $1.50 per trip Restrictions of Trip Purpose: There are no restrictions. Hours of Service: Monday-Friday 7:00 a.m. - 6:00 p.m. No service on New Year's Day, Labor Day, Fourth of July, Memorial Day, Thanksgiving and Christmas SPAN contracts with a local taxi company to provide transportation to all non-wheelchair clients who have qualified for the under 60 HandiHop Program. Taxi service is provided after SPAN hours in the evening and on weekends. Capacity Constraints: There are no limits placed on the number of trips provided to a consumer. There is no waiting list kept. The service operates very efficiently with very few late pickups and missed trips. Trip denials are based on inability to schedule additional passengers due to current availability of vehicles. Fleet Information-September 1992 Model Seating/ Equipment Number Year Securements Options in Fleet 1989 7/2 A/C, W/L 4 1989 4/0 A/C 2 1989 18/0 A/C 1 Ridership Information: FY 1980 20,384 FY 1981 20,384 FY 1982 22,366 FY 1983 24,293 FY 1984 26,013 FY 1985 27,800 FY 1986 25,215 FY 1987 27,333 FY 1988 29,570 FY 1989 30,084 4 FY 1990 33,893 FY 1991 43,358 Service Provided by Others in the Area: Based on the surveys sent out by the ADA subcommittee as a part of this plan, and information provided by the Texas Department of Transportation, there are no vehicles serving the general public. The agencies that have vehicles use them only to transport their own consumers. None of these agencies will be providing priority paratransit service to persons ADA- eligible and therefore are not considered as a part of this plan. SECTION 4 DESCRIPTION OF PROPOSED COMPLEMENTARY PARATRANSIT SERVICE Estimate of Demand: Population # of ADA Estimate Eligible FY 1992 66,270 1,656 FY 1993 67,404 1,685 FY 1994 68,448 1,711 FY 1995 69,852 1,746 FY 1996 71,612 1,790 FY 1997 73,459 1,836 An ADA Advisory Committee was formed of persons with disabilities, persons associated with service agencies, and representatives from the City of Denton and SPAN. The committee sent out surveys to area service agencies and interested persons and received 11 back. Most of these agencies serve many people outside the city limits of Denton and are therefore out of the service a~ea. The survey results indicated that there is a need for continued service for those who are mobility impaired. It also indicated that the agencies are not serving any persons with disabilities that are not their own clients. It is likely that there is a large number of persons with disabilities who are not associated with service agencies and it would be difficult to identify all persons with disabilities using the survey form. Information from FTA estimates that approximately 5% of the total United States population have disabilities that cause difficulty in using the fixed route system. Based on the FTA's percentage, the number of persons in the City of Denton having difficulty 5 using the fixed route service would be about 3,312. Assuming that, approximately 50% of them would be ADA paratransit- eligible, or 1,656 persons would be eligible in the City of Denton. The Advisory Committee reviewed the FTA numbers. The committee felt that the above numbers are too low as an estimate of ADA-eligible citizens. There are two large universities within the city limits which have large enrollments of persons with disabilities. Additionally, the Denton State School and several group homes in the community have a large number of persons with disabilities. There are also several retirement communities in the city. Based on this information, the Advisory Committee believes that Denton's ADA-eligible population is higher than the FTA average. However, no accurate means exists to count these persons. The committee plans to continue to study this information to try and obtain more accurate numbers. Using the population of the City of Denton, the estimates of persons with ADA paratransit eligibility are as follows: City Population 66,270 Difficulty using fixed route (5%) 3,313 ADA-eligible 1,656 Approximately 3,039 persons are now certified on the paratransit system. This is considerably higher than the FTA- estimated ADA-eligible persons for the City of Denton. This figure is so high because currently all persons over 60 qualify without ADA certification. As the fixed route system expands, the ADA certification form will be used to reevaluate all consumers. As a result, the Advisory Committee feels that the number of non-eligible consumers will decrease. As persons with disabilities are made more aware of ADA and the services provided by SPAN, there will probably be an increase in ADA-eligible persons requiring service. DIFFERENCES BETWEEN CURRENT SERVICE AND REQUIRED SERVICE The ADA requires paratransit service in corridors three- fourths of a mile on either side of existing fixed routes. SPAN currently provides service to all origins and destinations within the Denton city limits and does not limit service to corridors on either side of fixed route service. The ADA allows the paratransit fare to be up to twice the full-fare of fixed route service. The full-fare of fixed route is $.75 per one-way trip and the paratransit is $1.50 per one-way trip. For persons 60 and over the fare is a voluntary donation. The City will also offer half price fares for the elderly and persons with disabilities on the fixed 6 route beginning September 1, 1992. The City of Denton/SPAN meets the ADA requirement and does not prioritize trips. The current response time provides next day service if capacity allows, except for Mondays. Trips must currently be scheduled by Friday for service on the following Monday. Consumers may schedule trips for the next day and as long as one month which exceeds the requirement of fourteen days by ADA. The fixed route operates Monday through Friday from 7:00 a.m. to 7:00 p.m. The current paratransit service operates Monday through Friday from 7:00 a.m. to 6:00 p.m. The only capacity constraint that currently exists is the requirement for making trip requests for Monday on the previous Friday. Approximately 15% of SPAN's entire paratransit service is subscription. However, during peak hours subscription service can be as high as 80%. Passengers on three-wheeled scooters are required to transfer to a regular seat while traveling on the van because the wheelchair securement positions are side-facing. None of the wheelchair lifts have handrails and passengers are not allowed to stand on the lift. A boarding wheelchair is provided for passengers who cannot step up onto the van. Two transportation phone lines are available for making trip requests and there are times when passengers get a busy signal or are on hold for long periods of time. There is currently no Telecommunication Display Device (TDD) machine in the dispatching office. Hearing impaired consumers may use Relay Texas, a telecommunication relay service, when communicating with the agency or the City. There is no formal appeal process for SPAN paratransit passengers whose service has been suspended due to excessive no-shows. PLANNED MODIFICATIONS TO EXISTING PARATRANSIT AND FIXED ROUTE SERVICE Fixed Route Service: A new route will begin to operate in the fall of 1992 that will extend service to the outlying area of the City of Denton. The existing four routes will be rearranged to allow for more transfer points which will cut down on the trip time. All bus stop signs will be replaced %~ith larger signs which 7 are easier to identify and read. Poles with braille attachments are planned to be installed beginning in 1994 for identification by the sight-impaired consumers. Saturday service will begin in 1993. Long range plans are to equip all fixed route buses with public address systems. Each year one new bus (trolley) will be purchased which will be lift- equipped, and have handrails. A TDD machine will be available in the dispatch office for communicating with the hearing impaired in 1993. Paratransit Service: Hours of operation will be extended one hour to 7:00 a.m. to 7:00 p.m., Monday through Friday, and service will be added on Saturday in the fall of 1!;92. Dispatch/trip request/scheduling service will be provided from 7:00 a.m. until 7:00 p.m., Monday through Friday, and 9:00 a.m. until 4:00 p.m. on Saturday and Sunday. The City of Denton/SPAN will purchase three accessible vans in FY 1993 with handrails on the wheelchair lifts for standees. All new vans purchased will have wheelchair lifts that meet the ADA requirements. Consumer pick-up times will be negotiated when necessary in order to accommodate consumers efficiently. Consumers will not be expected to arrive at their destination late or leave early for their return trip. An appeal process for consumers denied ADA paratransit eligibility will become effective September 1, 1992. This formal appeal process will also be used for consumers whose service has been suspended due to excessive no-shows. That process is outlined in Section 5. HOW THE PROPOSED PARATRANSIT SERVICE WILL MEET EACH OF THE SIX SERVICE CRITERIA The City of Denton/SPAN service area exceeds ADA requirements because all origins and destinations in the city limits are served, whether or not there is a fixed-route service within three-fourths of a mile. The system will expand to Monday through Sunday service requests in September 1, 1992, and be in compliance with next day response time. The full-fare on a fixed-route bus is $.75 and the fare on SPAN paratransit is $1.50. One personal care attendant will continue to be permitted to ride free and guests will continue to be permitted to ride for $1.50 if space is available. Attendants and guests must be picked up at the same time and 8 have the same origin and destination as the paratransit consumer. As is current practice, trip requests will not be prioritized by trip purpose. SPAN will provide paratransit service from 7:00 a.m. until 7:00 p.m., Monday through Friday, beginning September 1, 1992. Saturday service will also begin on both fixed route and paratransit in late fall. Hours and days of service are the same for both systems. There will be no limit on the amount of paratransit service provided to ADA paratransit-eligible consumers. There will be no cap on the number of trips provided to a consumer, no waiting lists or standby for non-subscription trip requests, and no operational patterns or practices that limit availability of service. Trip requests will not be denied unless there is a rise in demand that demand estimates could not anticipate. Additional funding is not available for the increased demand. DESCRIPTION OF HOW SPAN WILL COME INTO COMPLIANCE WITH SUBSCRIPTION SERVICE REQUIREMENTS: Approximately 15% of all paratransit trips currently provided by SPAN in the City of Denton are subscription trips. However, during peak hours subscription trips are as high as 80%. SPAN proposes to come into compliance with the requirement that no more than 50% of all trips provided in a given time period by subscription trips. By not replacing current passengers who no longer need subscription service, the percentage of persons on subscription service will be reduced until 'the 50% compliance level is achieved. Through attrition and expanded service levels, SPAN should come into compliance within the five year time period. TIMETABLE FOR IMPLEMENTATION OF PARATRANSIT PLAN A summary of compliance dates follows: Requirement Compliance Date Certification Process Begin September 1, 1992, and complete by September 1, 1993 Appeal Procedure September 1, 1992 Service Area September 1, 1992 Response Time September 1, 1992 Fares September 1, 1992 Trip Purpose September 1, 1992 Hours and Days of Service September 1, 1992, M-F 9 Capacity Constraints Upon delivery of vehicles in FY 1993 Accessible Fixed Route Replacement from 1994 until 1997 FIVE YEAR CAPITAL AND OPERATING BUDGET: Attachment C SECTION 5 DESCRIPTION OF THE PROPOSED ELIGIBILITY DETERMINATION PROCESS Current paratransit passengers will be sent a new certification form (see Attachment D) with instructions for completion and a number to call fo~ assistance. Service agencies will be notified of the new certification form and forms will be delivered to them for their use. As the forms are returned, the SPAN Transportation Coordinator will review them for completeness and make any follow up contacts to complete the form. The Transportation Coordinator will make the determination of whether the person described on the certification form is ADA paratransit-eligible, conditionally ADA paratransit-eligible, or ineligible. If additional information is needed, the person listed on the form will be contacted. The steps and reasoning in making the decision will be documented. Immediately following the determination, a notice will be delivered to the person completing the form, documenting the determination, the conditions of the determination, if any, and the specific reasons for the determination. Also included in the documentation will be the appeal procedure to follow if the person disagrees with the determination. Timetable for Processing Applications and Allowing Presumptive Eligibility. Transportation Coordinator will have 7 days to make a final decision and initiate formal notice of determination. Persons submitting certification should receive documentation within 10 days. Documentation that will be provided to Persons Determined to be ADA Paratransit-Eligible. All paratransit consumers will be issued an identification card with logo of the transit provider noting them as being ADA paratransit-eligible, if applicable. The card will also contain: the person's name and address; telephone number of 10 paratransit coordinator; expiration date; information on the conditions of his/her eligibility, if applicable; need for personal care attendant; and identification number. Description of the Administrative Appeals Process A primary concern of Denton/SPAN is the assurance that the transportation rights of those served are preserved. In the event that an individual does not agree with the determination on non-eligibility based on SPAN's interpretation of the criteria established in the Americans with Disabilities Act, the following appeal procedure should be followed. The transit provider will notify the consumer of non- eligibility or excessive no-shows and the action proposed. SPAN will also notify the person/agency noted on the certification form as "Responsible Party," if noted. The consumer may choose either of the following methods to appeal the notice. SUBMITS APPEAL IN EITHER OF THE FOLLOWING METHODS: STEP 1: Option 1 Within 60 days of receipt of notice of non-eligibility from SPAN, the consumer shall submit in writing, audio tape, computer diskette, or video tape, specific reasons for appealing SPAN's determination. This communication should respond to each reason listed in the notice that the person contests. The consumer should also list any information that he/she feels was not considered or evaluated properly. Other information that is pertinent to the determination may also be included. Appeals should be sent to SPAN at the following address: Director SPAN 1800 Malone Denton, Texas 76201 Within 15 days, the consumer and "Responsible Party," if indicated, will be notified in writing, audio tape, computer diskette, or braille (in the same form the appeal was submitted by the consumer) of the Director's decision. Option 2 Within 60 days of receipt of notice of non-eligibility from 11 SPAN, the consumer shall contact SPAN by telephone at (817) 382-2224 to set up a meeting with the Director of SPAN. At this meeting, the consumer should ~cespond to each reason listed in the notice that the person contests. The consumer should also list any information that he/she feels was not considered or evaluated properly. Other information that is pertinent to the determination may also be included. You may appear in person and be accompanied by anyone you desire or be represented by an individual that you have authorized. If someone other than the consumer will appear on the consumer's behalf, the consumer must notify SPAN, at the telephone number listed above. Within 15 days, the consumer and "Responsible Party," if indicated, will be notified in writing, audio tape, computer diskette, or braille of the Director's decision. STEP 2: If the consumer disagrees with the Director's determination, the person may appeal to the ADA Advisory Committee. This communication should respond to each reason listed in the notice that the person contests. The consumer should also list any information that he/she feels was not considered or evaluated properly. Other information that is pertinent to the determination may also be included. Appeals should be sent to SPAN at the following address: ADA Advisory Committee SPAN 1800 Malone Denton, Texas 76201 Within 15 days, the consumer and "Responsible Party," if indicated, will be notified in writing, audio tape, computer diskette, or braille (in the same form the appeal was submitted by the consumer) of the Advisory Committee's decision. STEP 3: If a consumer believes that an unfai~c decision was rendered during the appeal process, he/she may contact the ADA Coordinator for the City of Denton for assistance as outlined in City Policy 100.02 (Attachment E). The City's ADA Coordinator may be reached by telephone at (817)566-8320 or by mail at the following address: ADA Coordinator City of Denton 215 E. McKinney Denton, Texas, 76201 12 The ADA Coordinator response will be in accordance with the City's ADA policy. The consumer will continue to be served during the appeal process. When the appeal process is exhausted, the Director of SPAN shall submit the final decision to the consumer in the same format in which the appeal was submitted. Policy for Visitors An out-of-town consumer may use the service if the individual has been certified ADA paratransit-eligible by another transit system or the individual will be presumed eligible if no certification has been received and the individual makes a claim of eligibility. The out-of-town passenger will be required to apply for certification if the individual plans to use the system for more than twenty-one days in a year. SECTION 6 DESCRIPTION OF PUBLIC PARTICIPATION PROCESS USED TO DEVELOP PLAN Two public hearings were held prior to the development of a draft ADA paratransit plan in order to solicit citizen input into the process. To publicize these hearings, a notice was placed in the local newspaper and letters were sent out to area agencies. A task force was also formed to draft the ADA paratransit plan and provide a means for additional input to be received. The committee is comprised of persons with disabilities, persons associated with service agencies, and representatives from the City of Denton and SPAN, Inc. Letters and surveys were also sent to area agencies to receive input, and gather information about their consumers' needs. An additional public hearing was held to present the draft ADA paratransit plan to the public. The final plan was adopted at a public meeting in front of the Denton City Council. SECTION 7 EFFORTS TO COORDINATE THE PROVISIONS OF COMPLEMENTARY PARATRANSIT SERVICE WITH OTHER PUBLIC ENTITIES IN THE AREA There are no other public entities in the city limits that provide fixed route service and would be required to provide complementary paratransit service to ADA-eligible individuals in the City of Denton. 13 m.wco~) 'z~o~z~oo V ATTACHMENT B HANDIHOP Application for City of Denton Transportation Program for Handicapped Persons Under 60 To be consid~ered for HandiHop ~ransportation (1) you must be a residcn: of the city of Denton and [2) your applica~:ion must be accompanied by a statement from your physician which verifies the extent of your handicap and the reasons why you cannot use conventional modes of transportation. home) Name: Phone:lwork) Address: Apt. ~ City: Zip. Date of Birth What are your needs for transportation? Please check. Employment [~Shopping~---]Medical[~Recreation~--]Other~-] If you checked Employment above, please list the days and times you would request HandiHop transportation: If you checked Other above, please explain: Are you on Medicaid? Medicaid Number Are you in a wheelchair? Are you licensed to drive? ~e$ the license set restrictions? Please state briefly the nature of the handicap which prevents you from using conventional modes of transportation: Date: Signature: In the event applicant is unable to sign fei' self signature of person assuming responsibility is requested. Signature Relation:ihip of Official Capacity Please mail :o: HandiHop c/o SPAN 1800 Malone Denton, TX 76201 H~ndi flop Dent~n Transportation of llandicapped Adults Under 60 PItYSICIAN,S STATEMENT Applicant: Phone: Address: .Apt:. _City: State: TO BE FILLED OUT BY PHYSICIAN The patient above has requested transportation under the City of Denton's Handi Hop program. To qualify, the extent of handicap and how it prevents the person from using conventional modes of transpor- tation must be verified. Your help in supplying the information below will be greatly appreciated. Diagnosis/es: (Please print) Yes Does this condition prevent applicant from driving? Is applicant's condition permanent? If temporary, how long would you estimate the condition will interfere with applicant's ~ility to drive? Is applicant subject to seizures? If so, what? Is applicant able to make independent decisions? Is applicant likely ~o need supervision in some part of transportation arrangements such as scheduling, purchasing tickets, or meeting rides? Physician's Name:(Please print) Phone: Address: Ph),sician's signature Please mail ~o: Handi Hop c/o SPAN 1800 ~lalone Denton, TX 76201 g ggSggggggg g ggggggggg 8 gggg g gggggggggg g ggggggggg 8 gggg g gggggggggg g ggggggggg g gggg = - ; - . ~ g gggggggggg g ggggggggg g gggg i':" ...... o§oooooooooo ~ .8... ooooo ................. Certification of ADA Eligibi'- The information obtained in this ce~fi;ication procese will only be used by SBAi~ for the proviNon of transportation se~ices. Your responses to these questions will help SP.~T~ tO determine ADA eligibility. Information will only be shared with other t]'ansit provider:s to facilitate travel in those areas, it will not be provided to any other person or agency. 1. Name Social Security # 2. Street Address. City. State Zip Mailing Address. City. State Zip. 3. TeLephone Number (Home) (Work) 4. In Case of Emergency, contact __Phone # 5. Date of Birth / /~ Male Female When answering questions 6, 7, and 8, please explain IN FULL DETAIL the conditions that prevent you from utilizing the fixed route system. 6. What is the disability which prevents you from using our fixed route service? Please explain. Is this condition temporary? If yes, expected duration until ~J /~ 7. How does this disability prevent you from using fixed route .'services? Please Explain. Use an additional sheet if needed. 8. Are there any other effects of your disability of which we need to be aware? Explain. THE FOLLOWING INFORMATION WILL BE USED TO ENSURE THAT AN APPROPRIATE VEHICLE IS UTIL~.~D TQ PROVIDE YOUR TRANSPORTATION AND THAT AN ACCURATE ANALYSIS OF YOUR TRIP REQUESTS CAN BE MADE aY CITIBUS. 9. DO you use any of the following aids to mobility? (Check all that apply) Manual Wheelchair.__ Electric Wheelchair~ Powered Scooter.__ Cane.~ Crutches.__ Personal Care Attendant Guide dog__ Other (PIease Explain). 10. Do you require a Personal Care Attendant when you tr~{vel using transit? Yes~ No 11. How far can you travel without the assistance of another person: 200 feet: Yes, No Sometimes 1/4 mile: Yes__ 'No Sometimes 1/2 mile: Yes No Sometimes 314 mile: Yes No Sometimes Can you climb three 12-inch steps without assistance? Yes No Sometimes. Can you wait outside without support for: 15 minutes: Yes No Sometimes 30 minutes: Yes No Sometimes~__ COMMENTS: 12. I hereby certify ~hat ~he information given above is correct. Signed Date___/ /____/ 3. If this application has been completed by someone other then the person requesting certification, that person must complete the tollowing: Name Address City State Zip Daytime Phone Signed Date __/ /.__ In order to allow S~AN to evaluate your request, it may be necessary to contact a physician or other professional to confirm the information you have provided. Please complete the following information and authorization form. The following (Please check one): Physician __ Health Care Professional __ Rehabilitation Professional Case Worker __ Agency is familiar with my disability and is authorized to provide information to S?AN required to complete this certification. Name if agency, please list a contact person Address City State Z~p __ Phone Number I hereby authorize S?A~- tO contact the above individual ... Signed [)ate I I.__ Print Name Date of Birth __/ I.__ If you have any questions or need assistance with this form, please call SPAN at 382-1900. RESPONSIBLE PARTY ATTACHMENT E CITY OF DENTON Page ~ of ~ POLICY/ADMINIST~ATI~ PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NO. = SECTION ~ PERSONNEL/EMPLOYEE RELATIONS 100.02 SUBJECT: IMPLEMENTATION OF THE AMERICANS WITH EFFECTIVE DATE: DISABILITIES ACT (ADA) 07/07/92 REPLACES: TITLE: A/~ERICi~S WITH DISABILITIES ACT (ADA) POliCy Statements It is the policy of the City of Denton to provide equal access to all City sponsored services, programs, and activities for citizens and employees with disabilities, as provided by the "Americans with Disabilities Act" of 1990, 42 U.S.C. S 12101, et seq., as the same may be amended from time to time (the ADA). The City will not discriminate against a "qualified individual with a disability-, as this term is defined by the ADA, with regards to job applications, hiring, advancement, discharge, compensation, training and other terms, conditions and privileges of employment. The City will make reasonable modification~ and accommodations in policies, practices, and procedures to ensure equal access; will provide auxiliary aids and services when necessary to provide effective communication and, will operate its programs so that, when viewed as a whole, those programs are readily accessible to, and useable by, individuals with disabilities. A4ministretive Proaedures~ I. The City Manager shall appoint memher~ to the "City ADA Com- mittee'' to: ensure policy training and implementation, assist in making reasonable accommodation decisions where the accommodation will not result in a hardship to the City, provide a fo~,m for reviewing grievances, and act as a source of information on ADA for the employees of the City of Denton. Membership of the City ADA Committee shall be as follows: the Risk Manager, one representative from the Personnel Depart- ment, from'the Fire Department, from the Engineering Depart- ment, from the Parks and Recreation Department, from the Plan- ning Department, from the Police Department, and two represen- tatives from the Utilities Department. In making recommenda- tions, the Committee shall use due diligence to obtain input or advice from not less than one community member who has a disability. II. The City Manager shall appoint an ADA Coordinator who will serve as the ADA Committee Chairperson. Questions concerning general ADA policy~ reasonable accommodations, and grievances by citizens or employees not resolved by Department shall be directe4 to the ADA Coordinator for resolution. The ADA Co- ordinator shall convene the ADA Committee, as required, to resolv~ issues or make recommendations to Departments, the City Manager or the City Council, as appropriate. III. In order to be qualified for a City position, an applicant must have the skills, experience and knowledge as reflected by the essential functions of the position with or without reason- able accommodation. Inquiries regarding preemplo~rment or em- ployment procedures, interviews, and hiring shall be directed to the Personnel Department for resolution. Supervisor train- ing will be conducted by the Personnel Department as required to educate the supervisors of the re~airements of Title I of the ADA. IV. The Building Inspections Division will, prior to issuing a building permit, advise applicants of the need to comply with the requirements of Title III of the Americans With Disabil- ities Act. V. All supervisors are responsible for continually monitoring and evaluating current policies, procedures, facilities and pro- grams to achieve and maintain compliance with this policy. AFF00182 ALL00306\1435.3.1 A RESOLUTION TEMPORARILY CLOSING CHARLOTTE STREET BETWEEN BONNIE BRAE STREET AND AVENUE H ON FRIDAY, AUGUST 28, 1992; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, James Welborn, representing the "Owsley Coalition" is requesting that Charlotte Street between Bonnie Brae Street and Avenue H, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 4:00 p.m. and 8:00 p.m. on Friday, August 28, 1992, for the purpose of having a "Block Party"; and WHEREAS, James Welborn, representing the "Owsley Coalition", has assured the City that the tenants and property managers in this area have agreed to the temporary closing of this road; and WHEREAS, in order to provide adequate space for the said event and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Charlotte Street between Bonnie Brae Street and Avenue H from the hours of 4:00 p.m. until 8:00 p.m. on Friday, August 28, 1992; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Charlotte Street, between Bonnie Brae Street and Avenue H, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 4:00 p.m. to 8:00 p.m. on Friday, August 28, 1992. SECTION II. That the City Manager shall direct the appropri- ate City Department to erect barricades on Charlotte Street at its intersection with Bonnie Brae Street and at its intersection with Avenue H, at 4:00 p.m. and to have the same removed at 8:00 p.m. on said date. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~day of~ -~, 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS ITO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2 ALL00307\1435.3.1 A RESOLUTION TEMPORARILY CLOSING A PORTION OF AVENUE A BETWEEN MULBERRY STREET AND HICKORY STREET ON SATURDAY, OCTOBER 24, 1992; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Saturday, October 24, 1992, the Muscular Dystrophy Association (MDA) wishes to sponsor a basketball tournament to be held on Avenue A between the intersections of Mulberry Street and Hickory Street; and WHEREAS, the MDA fundraiser is open to the general public of the City and County of Denton; and WHEREAS, all abutting merchants and businesses surrounding this area have given permission to temporary closing of said street; and WHEREAS, in order to provide adequate space for the fundrais- er, and in order to protect the safety of citizens who attend, the city Council of the City of Denton deems it is necessary to tempo- rarily close a portion of Avenue A between Mulberry Street and Hickory Street from the hours of 7:00 a.m. until 7:00 p.m. on Saturday, October 24, 1992; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That a portion of Avenue A between Mulberry Street and Hickory Street shall be temporarily closed as a street or pub- lic thoroughfare of any kind or character whatever on Saturday, October 24, 1992 from 7:00 a.m. until 7:00 p.m. for the purpose of holding a basketball tournament to benefit the Muscular Dystrophy Association (MDA). SECTION II. That the City Manager shall direct the appropri- ate City Department to erect barricades at the intersection of Avenue A, and Mulberry Street and at the intersection of Avenue A and Hickory Street, at 7:00 a.m. on October 24, 1992, and to have the same removed at 7:00 p.m. on said date. SECTION III. That this resolution shall take effect and be in full force and effect from and after the ~ate of its passage. PASSED AND APPROVED this the/~day of~ 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR~D AS ~O LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 //4 "ROBERT E. (BOB) NELSON" WHEREAS, Bob Nelson serves as Executive Director of City of Denton Municipal Utility Department, and is a contributing and valuable member of the Executive Staff of the City of Denton, Texas; and WHEREAS, Bob Nelson has been with the City since 1977 and during his service with the City of Denton, has always championed the cause of public power and the public interest emphasizing quality, reliability and sound fiscal policy; and WHEREAS, the American Public Power Association is an organi- zation with a network of over 2,000 public power companies and provides opportunities for collective action in research, shared initiatives, environmental commitment and legislative representa- tion for the electric utility industry; and WHEREAS, the City of Denton is an active member in the American Public Power Association and Bob Nelson has served as Denton's representative to this organization since 1977, and has served on its Board of Directors since 1985; and WHEREAS, Bob Nelson was elected to the office of President of the American Public Power Association for 1991-92; and WHEREAS, Bob Nelson, through his distinguished service as President of American Public Power Association, has brought substantial recognition to the City of Denton and Denton Municipal Utilities and has fostered a greater recognition of the City of Denton throughout the United States; and WHEREAS, the City Council wishes to recognize the contribution made by Bob Nelson as President of the American Public Power Association to the cause of public power in general, and to the City of Denton specifically; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the Mayor and City Council of the City of Denton join in celebrating Bob Nelson's accomplishments and in expressing appre- ciation for his efforts on behalf of the city and its residents, and direct that this resolution be spread 'upon the Minutes of the Denton City Council in honor of this reoognition. BOB CASTLEBERRY, MAYOR/ / ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ALL0031F RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the State of Texas is authorized under TEX. REV. CIV. STAT. art. 6663b, to assist the City in procuring federal aid for purpose of establishing and maintaining public and mass transporta- tion projects; and WHEREAS, the city of Denton desires to obtain public transpor- tation funds from the State for the purpose of establishing and maintaining public and mass transportation systems; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the city Manager is authorized to execute a Public Transportation Agreement on behalf of the city of Denton, Texas, with the Texas Department of Transportation to aid in the financing of public transportation, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall take effect immedi- ately from and after its passage. ~ PASSED AND APPROVED this the /~ day of 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APP~VED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: CONTRACTOR: CITY OF DENTON CONTRACT NUMBER: 513XXF6014 STATE PROJECT NO.: TX93-90-0418 PUBLIC TRANSPORTATION CONTRACT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS CONTRACT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Denton hereinafter called the Contractor. W I TNE S SETH WHEREAS, the State is the administering agency for the State Public Transportation Fund as prescribed by Article 6663c, V.T.C.S.; and WHEREAS, the Contractor desires to obtain public transportation funds from the State for the purpose of establishing and maintaining public and mass transportation systems; and WHEREAS, the State is authorized under Article 6663b, V.T.C.S., to assist the Contractor in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects, hereinafter called the Project; and WHEREAS, the Texas Transportation Commission passed Commission Minute Order No. 101219 authorizing the State to enter into the necessary agreements with the Contractor for funding public transportation projects; and NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the parties hereby agree as follows. AGREEMENT ARTICLE 1. CONTRACT PERIOD This contract becomes effective on the final date of execution by the State's Public Transportation Director and shall terminate on August 31, 1993 unless otherwise terminated or modified as hereinafter provided. Termination of the Contract shall not release the Contractor from the property management standards outlined in Article 9 below. ARTICLE 2. PROJECT DESCRIPTION The Contractor shall undertake the public transportation project as described in Attachment A and in accordance with the terms and conditions of this Contract. Further, the Contractor shall comply with the provisions of the Uniform Grant and Contract Management Standards prepared in response to the Uniform Grant and Contract Management Act of 1981. The Contractor shall commence, carry on and complete the Project with all practicable dispatch, in a sound, economical and efficient manner in accordance with the provisions of Attachment A. ARTICLE 3. COMPENSATION A. The maximum amount payable under this Contract without modification is $138,505.00. The State will reimburse the Contractor for the authorized costs incurred in carrying out this project which are further described in the budget contained in Attachment A. The State's payment to the Contractor is contingent upon the availability of Federal and/or State appropriated funds. The State shall have no liability for any claim submitted by the Contractor or its subcontractors, vendors, manufacturers or suppliers if sufficient Federal or State funds are not available to pay the Contractor's claims. B. To be eligible for reimbursement under this Contract, a cost must be incurred within the contract period specified in Article 1 above and be included in the project budget contained in Attachment A. C. Payment of costs incurred under this Contract is further governed by cost principles outlined in applicable Federal office of Management and Budget (OMB) publications as follows: State or Local Governments OMB Circular A-87 Nonprofit Organizations OMB Circular A-122 Colleges, Universities, Educational Institutions OMB Circular A-21 D. Costs claimed by the Contractor shall be actual net costs, that is, the price paid minus any refunds, rebates or other items or value received by the Contractor that have the effect of reducing the cost actually incurred. In particular, fares and other passenger revenues shall be so identified on the Contractor's billing to the State. E. Ail major items or equipment, as described in the capital budget in Attachment A, shall be included in this contract as direct costs. The Contractor hereby certifies that items of equipment included in direct costs have been excluded from the indirect costs. F. Requests for payment are to be submitted to the State no more frequently than on a monthly basis, except as noted below, on invoice statements acceptable to the State. Additional documentation to support all costs incurred during the billing period may be required at the discretion of the State. As a minimum, each billing must be accompanied by ~ summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item. The original invoice with required documentation is to be submitted to the following address: Mr. James M. Huffman, P. E. District Engineer Texas Department of Transportation P. O. Box 3067 Dallas, TX 75221-3067 G. The State will make payment within thirty days of the receipt of properly prepared and documented requests for payment. H. The Contractor will submit a final billing within forty-five days of the contract termination date specified in Article 1 above. I. The Contractor shall make payments promptly to all subcontractors and suppliers. Failure to do so will be grounds for termination of this Contract by the State. The State shall not be responsible for the debts of the Contractor. ARTICLE 4. CONTRACT AMENDMENTS Changes in the scope, objectives, cost or duration of the Project authorized herein shall be enacted by written amendment approved before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the Contract period as specified in Article 1. ARTICLE 5. SUBCONTRACTS Any subcontract for professional services rendered by individuals or organizations not a part of the Contractor's organization shall not be executed without prior authorization and approval of the subcontract by the State. Subcontracts in excess of $25,000 shall contain all required provisions of this Contract. No subcontract will relieve the Contractor of its responsibility under this Contract. ARTICLE 6. RECORDS AND AUDITS A. The Contractor agrees to maintain financial records, supporting documents, statistical records and all other records pertinent to this Contract. B. The Executive Director of the Texas Department of Transportation, the Texas State Auditor or any of their duly authorized representatives shall have access to the records described in Paragraph A above at all reasonable times during the contract period and for the period set forth in Paragraph ~ below for the purpose of making audits, examinations, excerpts and transcripts. C. Financial records, supporting documents, statistical records and all other records pertinent to the Contract shall be retained for a period of three years from final payment, with the following qualifications: (1) If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigations, claims or audit findings involving the records have been resolved. (2) Records for nonexpendable property acquired in whole or in part with State funds shall be retained for three years after its final disposition. (3) When records are transferred to or maintained by the State sponsoring agency, the three-year retention requirement is not applicable to the Contractor. D. The Contractor further agrees to include these provisions in each negotiated subcontract. E. Contractor audit procedures shall meet or exceed the single audit report requirements outlined in office of Management and Budget (OMB) publications as follows: State or Local Governments OMB Circular A-128 Institutions of Higher OMB Circular A-133 Education and Other Nonprofit Organizations ARTICLE 7. FINANCIAL MANAGEMENT SYSTEMS The Contractor's financial management system shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR 18). Those requirements include, but are not limited to: A. Accurate, current and complete disclosure of the financial results of each grant program in accordance with State reporting requirements. B. Records which identify adequately the source and application of funds for grant-supported activities. These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays and income. C. Effective control over and accountability for all funds property and other assets. The Contractor shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. D. Comparison of actual with budgeted amounts for each contract and relation of financial information to performance of productivity data, including the production of unit cost information, whenever appropriate and required by the State. E. Procedures for determining the eligibility for reimbursement and proper allocation of costs. F. Accounting records which are supported by source documentation. G. A systematic method to assure timely and appropriate resolution of audit finding and recommendations. ARTICLE 8. PROCUREMENT STANDARDS Contractor procurement standards shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18), including insurance and bonding requirements. The Contractor shall have written selection procedures which meet the minimum requirements of that document. The Contractor agrees to comply with applicable Buy America requirements set forth in Section 401 of the Surface Transportation Assistance Act of 1978 (P.L. 95-599) and the Urban Mass Transportation Administration's Buy America regulations at 49 CFR 660. The Contractor agrees to comply with the cargo preference requirements set forth in 46 USC 1241 and Maritime Administration regulations set forth in 46 CFR 381. The State must concur in the award of all purchase orders for nonexpendable personal property as defined in 49 CFR Part 18. The Contractor will meet all obligations incurred in its subcontracts with its equipment suppliers, to specifically include the prompt payment of monies due the supplier upon delivery of acceptable equipment. Should payment be delayed for any reason, the Contractor agrees not to operate any equipment that has been delivered without the express permission of the equipment vendor and to lend it the same protection it would its own equipment° ARTICLE 9. PROPERTY MANAGEMENT The Contractor agrees to comply with the property management standards specified in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18), in its control, use and disposition of property or equipment governed by those standards. Further, the Contractor shall comply with the property management standards adopted by the State in the Texas Administrative Code, Title 43, Chapter 31. In the event that any project facility and equipment are not used in the proper manner or are withdrawn from public transportation services, the Contractor shall immediately notify the State. The State reserves the right to direct the sale or transfer of property acquired under this Contract upon determination by the State that said property has not been fully and/or properly utilized. The Contractor shall maintain at least the minimum insurance on all vehicles and other nonexpendable personal property as required by ~he i~su~an~e regulations ~of ~he StDte of Texas.~k~ ~ ±rrespec~zve oz coverage Dy znsurance, un±ess o:nerwzse approved ~ // -. in writing by the State, in the event of loss or damage to project property, whether by casualty or fire, the fair market ~'~' value will be the value of the property immediately before the casualty or fire. Unless otherwise approved by the State, in the event of loss due to casualty or fire, straight line depreciation of the asset, based on the industry standard for a useful life, shall be considered fair market value. The Contractor shall not execute any lease, pledge, mortgage, lien or other contract touching or affecting the State interest in any project facilities or equipment; nor shall the Contractor, by any act or omission of any kind, adversely affect the State interest or impair its continuing control over the use of project facilities or equipment. The Contractor shall notify the State immediately of theft, wreck, vandalism or other destruction of project-related facilities or equipment. ARTICLE 10. LABOR PROTECTION PROVISIONS The Contractor agrees to undertake, carry out and complete the Project under the terms and conditions determined by the Secretary of the United States Department of Labor to be fair and equitable, to protect the interests of employees affected by the Project and meeting the requirements of Section 13(c) of the Urban Mass Transportation Act of 1964, as amended. ARTICLE 11. CHARTER AND SCHOOL BUS OPERATIONS A. The Contractor, or any subcontractor acting on its behalf, shall not engage in charter bus operations outside the Project area within which it provides regularly scheduled public transportation service, except as provided under Section 3(f) of the Urban Mass Transportation Act of 1964, as amended, 49 USC 1602(f), and regulations pertaining to Charter Bus Operations, set forth in 49 CFR Part 604 and any amendments that may be issued. Any subcontract entered into under these regulations is incorporated into this Contract by reference. B. The Contractor, or any subcontractor acting on its behalf, shall not engage in school bus operations, exclusively for the transportation of students or school personnel, in competition with private school bus operators, except as provided under Section 3(g) of the Urban Mass Transportation Act of 1964, as amended, 49 USC 1602(g) and regulations pertaining to School Bus Operations, set forth at 49 CFR Part 605 and any amendments thereto that may be issued. Any subcontract entered into under these regulations is incorporated into this Contract by reference. ARTICLE 12. MONITORING AND REPORTING A. The Contractor shall submit quarterly performance reports that provide as a minimum the following: (1) A comparison of actual accomplishments to the goals established for the period. (2) Reasons why established goals were not met. (3) Other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. B. The Contractor shall promptly advise the State in writing of events which have a significant impact upon the Contract, including: (1) Problems, delays or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. (2) Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. ARTICLE 13. DISPUTES A. The Contractor shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. B. The State shall act as referee in ali. disputes regarding non-procurement issues, and the State's decision shall be final and binding. ARTICLE 14. REMEDIES Violation or breach of contract terms by the Contractor shall be grounds for termination of the Contract and any increased cost arising from Contractor's default, breach of contract or violation of terms shall be paid by the Contractor. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 15. TERMINATION A. The State may terminate this Contract at any time before the date of completion whenever it is determined that the Contractor has failed to comply with the conditions of the Contract. The State shall give written notice to the Contractor at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for the termination. B. If both parties to this Contract agree that the continuation of the Contract would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date. In the event that both parties agree that resumption of the Contract is warranted, a new contract must be developed and executed by both parties. C. Upon termination of this Contract, whether for cause or at the convenience of the parties hereto, the State shall retain unlimited and royalty free usage rights of all finished or unfinished documents, data surveys, reports, maps, drawings, models, photographs, etc., prepared by the Contractor. D. The State shall compensate the Contractor for those eligible expenses incurred during the contract period which are directly attributable to the completed portion of the work covered by this Contract, provided that the work has been completed in a manner satisfactory and acceptable to the State. The Contractor shall not incur new obligations for the terminated portion after the effective date of termination. E. Except with respect to defaults of subcontractors, the Contractor shall be in default by reason of any failure in performance of this Contract in accordance with its terms, including any failure by the Contractor to progress in the performance of the work. Failure on the part of the Contractor to fulfill its obligations as set forth in this Contract will be waived by the State for causes due to Acts of God or force majeure. ARTICLE 16. GENERAL PROVISIONS A. CIVIL RIGHTS During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Requlations: The Contractor shall comply with the regulations relative to non-discrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21 and 23 CFR 710.405(b)~ as they may be amended from time to 10 time (hereinafter, referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitation for Subcontracts, Includinq Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. (4) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the Urban Mass Transportation Administration (UMTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State or the Urban Mass Transportation Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for NoncomDliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the State shall impose 11 such contract sanctions as it or the Urban Mass Transportation Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or (b) Cancellation, termination or suspension of the Contract, in whole or in part. (6) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the State or the Urban Mass Transportation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. B. NONDISCRIMINATION ON THE BASIS OF HANDICAP The Contractor agrees that no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in~ be denied the benefits of or otherwise be subject to discrimination under the project. The Contractor shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations regarding Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance, set forth in 49 CFR Part 27, and any amendments thereto, and the Americans with Disabilities Act. c. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS It is the policy of the Department of Transportation and the State that Disadvantaged Business Enterprises as defined in the Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. No. 102-240, Sec. 1003, 105 Stat. 1914, 1918-1922 (1922), shall have the maximum opportunity to 12 participate in the performance of contracts ad subcontracts financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of Pub° L. No. 102-240, Sec. 1003 apply to this Contract as follows: The Contractor agrees to insure that Disadvantaged Business Enterprises (DBE) as defined in Pub. L. No. 102-240, Sec. 1003 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal or State funds. In this regard, the Contractor shall take all necessary and reasonable steps to meet the Disadvantaged Business Enterprise goal for this contract. The Contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal or State funds. These requirements shall be physically included in any subcontract. The percentage goal for Disadvantaged Business Enterprise participation in the activities to be performed under this contract is a minimum 10% of the contract dollars available for contracting opportunities as defined in Pub. L. o. 102-240, Sec. 1003. The contractor shall submit to the State reports on DBE compliance efforts and documentation of good faith efforts to meet the DBE goal. This information shall be provided to the State on the format(s) and at time intervals prescribed by the State. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the State, may result in termination of the contract by the State or other such remedy, which may include reductions in future grant awards, as the State deems appropriate. D. EQUAL EMPLOYMENT OPPORTUNITY The Contractor agrees to comply with Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR, Part 60). E. AFFIRMATIVE ACTION The Contractor warrants that affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) have been development and are on file. 13 F. SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS (1) Contract Work Hours and Safety Standards Act The Contractor agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC, Part 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). (2) Copeland "Anti-Kickback" Act The Contractor agrees to comply with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). (3) Davis-Bacon Act The Contractor agrees to comply with the provisions of the Davis-Bacon Act (40 USC 176a to 9-7) as supplemented by Department of Labor regulations (29 CFR, Part 5). (4) Relocation and Land Acquisition The terms of the Department of Transportation regulations "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs" (49 CFR Part 25) are applicable to this Contract. (5) Insurance and Bonding The Contractor shall comply with insurance and bonding requirements as established in 49 CFR Part 18. (6) Signs The Contractor shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the United States Department of Transportation identifying the project and indicating that the Government is participating in the development of the project. G. ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY The Contractor agrees to comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 USC 1857[h]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency Regulations (40 CFR, Part 15). The Contractor further agrees to report violations to the State. 14 The Contractor agrees to recognize standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). H. CONTROL OF DRUG USE The Contractor agrees to comply with the terms of the Omnibus Anti-Drug Abuse Act of 1988 (P.L. 100-890, Title V, Subtitle D). I. SUSPENSION AND DEBARMENT The terms of the Department of Transportation regulation, "Suspension and Debarment of Participants in DOT Financial Assistance Programs" set forth at 49 CFR Part 29, are applicable to this Contract and the Contractor must complete the Contractor Certification which is included as Attachment B. Further, any subcontractor employed by the Contractor is also bound by the terms of 49 CFR Part 29 and must complete a Contractor Certification (Lower Tier) form. J. RESTRICTIONS ON LOBBYING Pursuant to Section 319 of Public Law 101-121, which generally prohibits recipients of Federal funds from using those monies for lobbying purposes, the Contractor shall comply with the attached Special Provision "New Restrictions on Lobbying", which is included as Attachment C. K. PROHIBITED ACTIVITIES The Contractor or any subcontractor shall not use Federal or State assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. No member of or delegate to the Congress of the united States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. No member, officer or employee of the Contract during this tenure or one year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 15 Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this Contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State Executive Director for the Texas Department of Transportation. Any persons doing business with or who may reasonably speaking do business with the State under this Contract may not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the Contractor to adhere to this policy may result in the termination of this Contract. L. ASSURANCES The Contractor will comply with Texas civil Statutes, Article 5996a, by insuring that no officer, employee or member of the Contractor's governing board or of the Contractor's subcontractor shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, governing body men~er related to such person in the prohibited degree. The Contractor will insure that all information collected, assembled or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Article 6252-17a, unless otherwise expressly provided by law. The Contractor will comply with Texas civil. Statutes, Article 6252-17, which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. M. PATENT RIGHTS If any invention, improvement or discovery of the Contractor or any of its subcontractors is conceived or first actually 16 reduced to practice in the course of or under this Project, which invention, improvement or discovery may be patentable under the Patent Laws of the United States of America or any foreign country; and if said invention, improvement or discovery has not already become the property of the State under Article 15.C above; the Contractor shall immediately notify the State and provide a detailed report. The rights and responsibilities of the Contractor, subcontractors and the United States Government with respect to such invention will be determined in accordance with applicable Federal laws, regulations, policies and any waivers thereof. Further, the Contractor shall comply with the provisions of 41 CFR, Part 1-9. N. COPYRIGHTS The State and the united States Department of Transportation shall have the royalty-free, non-exclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, the work for government purposes. O. INDEMNIFICATION To the extent permitted by law, the Contractor shall indemnify and save harmless the State from all claims and liability due to activities of itself, its agents or employees, performed under this agreement and which result from an error, omission or negligent act of the Contractor or of any person employed by the Contractor. The Contractor shall also save harmless the State from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Contractor, its agents, or employees. ~'~ indcmnity ~i~ also 1 or p. SUCCESSORS AND ASSIGNS The Contractor binds itself, its successors, assigns, executors and administrators in respect to all covenants of this agreement. The Contractor shall not sign, sublet or transfer its interest in this agreement without the written consent of the State. 17 Q. CONTRACTOR ACKNOWLEDGEMENT The Contractor acknowledges that it is not an agent, servant or employee of the State and is responsible for its own act and deeds and for those of its agents or employees during the performance of the contract work. R. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. S. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 18 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed. STATE OF TEXAS CONTRACTOR certified as being executed for Bye. the purpose and effect of t~: / ~__ ~.~/~ activating and/or carrying out the orders, established policies, Ti ~"~ or work programs heretofore approved and authorized by the Texas Transportation Date: Commission under the authority of Minute Order 101219. APPR VED: By: Director of I~ublic Transportation Date: RECOMMENDED FOR EXECUTION: :D~L-r~ct gngi~, District 18 19 08/12/92 ATTACHMENT A CONTRACT BUDGET CONTRACTOR: CITY OF DENTON STATE PROJECT NO.:TX93-90-0418 CONTRACT NUMBER: 513XXF6014 FTA NUMBER: UKNOWN LINE ITEM # DESCRIPTION TOTAL FEDERAL STATE STATE LOCAL CSP TX-90 II. OPERATING 50/25/25 1 OPERATING 441,440 220,720 0 110,360 110,360 441,440 220,720 50% 0 0% 110,360 25% 110,360 25% 2 CAPITAL 80/13/7 CAPITAL 120,430 96,344 0 15,656 8,430 120,430 96,344 80% 0 0% 15,656 13% 8,430 7% 3 PLANNING 80/13/7 PLANNING 96,068 76,854 0 12,489 6,725 96,068 76~854 80% 0 0% 12,489 13% 6,725 7% TOTAL 657,938 393,918 0 138,505 125,515 Debarment Certification (Negotiated Contracts) (1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform- ing a public* transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity* with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions* terminated for cause or default. (2) Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification. *federal, state or local l~'~rm 1734 A 4 ~9 Lower Tier Participant Debarment Certification (Negotiated Contracts) , being duly sworn linsert name of certifying uflicml) or under penalty of perjury under the laws of(he United States, certifies that neither nor its (insert name of lower tier participant~ principals are presently: · debarred, suspended, proposed for debarment, * declared ineligible, e or voluntarily excluded from participation in this transaction by any Federal department or agency .Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. EXCEPTIONS: ~ture/~ Cert~ymgO Icia ~ / Date o f Ce'r tg~catmn Set, Reverse for ln£ormation ]',,~ m I '~':14 R~.~. 4 H9 Certification ]information This certification is to be used by contractors pursuant to 49 CFR 29 when any of the following occur: · any transaction between the contractor and a person (other than a procurement contract for goods and services), regardless &type, under a primary covered transaction · any procurement contract for goods or services when the estimated cost is $25,000 or more · any procurement contract for goods or services between the contractor and a person, regardless of the amount, under which the person will have a critical influence on or substantive control over that covered trans- action. Such persons include principal investigators and providers of federally-required audit services. A procurement transaction is the process of acquiring goods and services. A nonprocurement transaction is the granting of financial assistance to entities to assist the grantor in meeting objectives that are mutually beneficial to the grantee and grantor. A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO AUTHORIZED REPRESENTATIVES OF THE STATE OR THE U.S. DEPARTMENT OF TRANSPORTATION UPON REQUEST. CERTIFICATION of Restrictions on I~bbying I, , hereby certify (name and title of grantee official) on behalf of that: (name of grantee) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this (sig~pare of authorized~lcial) (ti{le' of authorized official) Federal R~ster ! Vol. 54, Nc. 243 ] Wednesdsy, Decemoer 20. 1989 / Notices 52323 DISCLOSURE OF LOBBYING ACTIVITIES '~'°~ ~ o~ Complete ~h~s fo~ to di~ose I~bying ~iviti~ pu~u~t lo 31 U.S C. 1352 ~e ~eve~ f~ pubhc burden d~u~. b. ~ted~ ~nge b. ~ant c. c~perative agr~ment e. ~ ~ar~t~ ye~ ,,, quarter L loan insur~ce date of last ~ ~ ~ ~me ~ Subawa~ 6. Feaeral De~enL'~ 7. F~r~ ~o~zam ~DA Numar, d ~phcable: Of ~nd~dual, last n~e, hrst name, MI~ d~fferent ~om No. 10~ 11. Amount of Paten (check all ~at ~ly): 1~ T~ ~ Pi~M (check all ~at ~): $ ~ actual ~ pla~ed ~ ~ retainer 12. Form ol Paint (check all ~at app/yh ~ c. c~mission ~ d. ~tinsent 1~ ~ a. ~sh ~ e. ~fened ~ b. in-kin~ specie: nature ~ f. othe~ Federal ~.egi~lor / Vol. $4. No. 24.3 / Wednesday, Dec~.,nber 20, 19~ / Nohces INS~IJ~ONS FOR COMPL~ON OF SF-LLL, DISCLOSURE OF LOBBYING A~IVITIES ~is ~osu~e ~o~/~11 ~ completed by ll~e ~epo~;ng enti~, whether subaw~rdee or prime Federal reclp~ent, at the initiation or ~ceipt of a c~ered Feder~ ~on, or a mate~ change to a p~ious filin~ pu~uant to title 3~ U.S.C. scion 1352. ~e filing of a fo~ is ~r~ for e~h p~ent ~ ag~ment lo make paym~t to any Iobb~n~ enti~ for Infl~ndn8 or a,emp~8 lo ~flu~ce ~ o~cer or employee of any agent, a Mem~r of ~ngress, an officer or employee of ~ess, or an em~oy~ of a Mem~r of C~ss in c~i~ ~ a covered Feder~ a~ion. Use the SF-~L-A Coqtin~on Sh~t for additi~ tnfo~ation if t~ space ~ ~ f~ is inadequate. ~mplete all items that ap~ for bo~ ~ ini~d filing and maled~ ~8e ~po~. Refer to ~e impearling 8~ce publi~ed ~ the Office of M~agement ~d Buret for addi~ info~ation. 1. Identi~ ~ ~ of c~d Fed~ ~i~ lot whi~ ~b~ ~ is ~or has ~en ~cm~ to influence the o~c~ of a c~er~ F~e~ a~. 2. Iden~ ~ s~ of ~e cove~d Fe~r~ a~ion. 3. Iden~ ~e ap~ate d~sifi~ti~ of this repo~. If ~is i~a ~lo~p r~ ca~ ~ a mate~ ~ange to the info~ ~us~ re~,~, enter the year a~ q~er in which t~ ch~ge ~c~d. Enter the ~te of the last pr~ sub~,ed re~ by this re~nin8 enti~ f~ t~s c~er~ F~r~ ac~. 4. Enter ~e ~11 n~e, address, d~, state and zip c~e of ~ re~ng enti~. Incl~e Congr~sio~l Dist~ct, if ~o~. ~eck ~ ~pmp~ate classification of the re~n8 enfi~ that ~signates if it ~, or exes to be, a prime or subaw~d r~pient. Identi~ the tier of the subawardee, e.g., the fi~t subawardee of the p~me is Ihe 1st tier. Subawards include but are not limited to su~ontracts, subgr~ts and contract awards under grants. 5. If the o~anization filing t~ re~ in item 4 checks "Subawa~ee", then enter the full na~:e, address, ~t~, ~tate a~d zip c~e of the p~me Federal r~ipirnt. Include Congressional Dist~, if known. 6. Enter ~e ~me of ~e Federal agen~ making the award or Io~ c~mitment, include at least one level below agenW name, if ~o~. For example, Depa~ment of Trans~ation, U~;ted States Coast Guard. 7. Enter ~e Federg p;ogram name or desc~ption for the covered F~era; action (item 1). If ~o~, enter the ~11 ~talo8 of F~eral Dom~:ic ~sist~ce (CFDA) number for 8r~ts, coo~rative ag~ements, I~ns, and ~oan commitments. 8. Enter ~e most approp~ate F~er~ iden~in~ number ava;]able for the Fede;a~ action iden;;fied ;n item ~ (e.g., Request for ~o~sal (RFP) numbe~ invitation for Bid (IFB) num~ 8rani announcement numbe~ Ihe contract, 8rant, or loan award numar; the applical;o~'proposa~ control number ass~gn~ by the Federal agent). Inc;ude 9. For a covered Federal action where there has ~en an aw~ or loan commitment by the Federal agent', enter the Federal amount of the awar~,loan commi:ment for the prime enti~ identified in ite~ 4 or 5. 10. (a)Enter the ~ll name, ad~ress, ~, state and zip c~e of ~e lobbying entf~' engaged by the repo~in8 ent~ identified in ilea 4 to influence the cove~ Feder~ ~tion. (b)Enter t~ ~11 names of ~he ;ndi~dual(s) pedo~in8 sedco, ~d i~lude fu~t a~ess if different ~om ~0 (~). Enter ~ Name, Fi~t Name, ~d ~d~e Initi~ (MIX ~1. Enter ~e am~nt of compen~tion p~d or ~asonab~ ex~ed to ~ paid by t~e re~;ng enti~ (item 4) to the I~b~n8 enti~ (item 10). Indicate whether ~e ~ent has ~n ~e ;aetna;) or will ~ made (pl~ned). Check all ~xes that apply. If thi~ is a ~te~ ~ge re~ enter ~e ~mulat~¥e amount of p~nt ~ or planned to be made. 12. Check the appm~ate ~x(es). ~ all ~s ~at app,. If ~ent ~ made thigh ~ ~nd 14. P~de a ~ ~ det~l~ ~p~ of ~e ~ ~at ~ ~st ~s ~, ~ ~1 ~ exp~ to Foderal Register / Vo!, 54. No. 243 / Wednesday, December 20, 1989 / Notices 52325 DISCLOSURE OF LOBBYING ACTIVITIES o~,~o~'~"~ ~ ~'"" CONTINUATION SHEET Itepe~ia8 Emte/:. pase __ ol __ FederalRe~ste~/Vol.~,No. 243/~ednesday, l~ecember20,1989/Notc(s Appendix C to Part ..... - Contract Clause NEW RESTRICTIONS ON LOBBYING (a) Definitions. As used in this clause, "Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 u.s.c. 9101(1). "Covered Federal action" means any of the following Federal actions: (1) The awarding of any Federal contract; (2) The making of any Federal grant; (3) The making of any Federal loan; (4) The entering into of any cooperative agreement: and, (5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan. "Indian tribe, and "tribal organization, have the mea~u[ng provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act° "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer oz' employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action. "Local government, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "'Officer or employee of an agency, includes the following individuals who are employed by an agency: (1) An individual who is appointed to a position iD the Government under title 5, U.S. Code, including a position under a temporary appointment; (2) A member of the uniformed services as defined in section 101(3), title 37, U.S. Code; (3) A special Government employee as defined in section 202, title 18, U.S.. Code; and, 21 I. ederal ke~,qster / %,ol. 54, I~o. z4,~ ! ~etlnesday, Oecemuer 20. lOd9 / Nonces 52327 (4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, U.S. Code appendix 2. "Person" means an individual, corporation, company, association, authority, fixm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This ter~.excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to~ not funded by, or not furnished in cooperation with the Federal Government. "Reasonable payment" means, with respect to professi6nal and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. "Recipient" includes all contractors and subcontractors at any tier in connection with a Federal contract. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within one year ~n~ediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or inst~,mentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers. (b) Prohibition. (1) Section 1352 of title 31, U.S. Code provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay Federal Reg~te~. / Vol. ~t, No. ~43 / Wed~esd.~y, December 20~ 1969 / Notices any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the ~aking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, a~d the e~ension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agrccment. (2) The prohibition does not apply as follows: (l) Agency and legislative liaison by Own Employees. (A) The prohibition on the use of appropriated funds, in paragrap~l) of this section, does not apply in th~ case of a payment of reasonable compensation made to mn officer or employee of a person requesting or receiving a Federal contract if the payment is for agency and legislative' liaison activities not directly related to a covered Federal action. (B) For purposes of paragraphA (A) of this section, providing any information specifically requested by an agency or Congress is allowable st any time. (C) For purposes of paragraph~ (A) of this section, the following agency and legislative liaison activit~es are allowable et any time only where they are not relate~ to a specific solicitat~_o~for any covered Federal action: /_ (~) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilit~es; and, ~ (~i) Technical discussions and other activities r~garding the application or adaptation of the person's products or services for an agency's use. ...x (D) For purposes of paragraphA (A) of this section, the following agency and legislative liaison activities are allowable only where they mxe prior to formal solicitation of any covered Faders.1 ~tion~ (]%) Providing any information not specifically requested but necessary for an agency to make an informed decision aho~t lruLtiation of a covered Federal action; ~ (~l) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and, ~ (~i) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments. 23 Federal Register / Vol, 54, No. 243 ! Wednesday, December 20. 1989 / Nolices 52329 Only those activities expressly authorized by ..,.\ '"~ are allowable under paragraph~~; paragraphn(i) of this section ~ (ii) Professional and technical services by Own Employees. (A) The prohibition on the use of appropriated funds, in paragraph,[I) of this section, does not apply in the case of a payment of reasonable compensa~ion made to an officer or employee of a person requesting or receiving a Federal contract or an extension, continuation, renewal, amendment, or modification of a Federal contract if payment is for professional or technical .services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. {~(~) O~ (B) For purposes of paragraph, (A) of this section, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. For example, ~rafting of a legal document accompanying a bid or proposal by a lawyer is allowable. similarly,, technical advice providedobfy an engineer on the performance or operational capability a piece of equipment rendered directly in the negotiation of a contract is allowable. However, co~unications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless t.he advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, co~unications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, co~unications with the intent to influence'made by an enqineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. (C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. 24 Fodeml Register ] Vol. 54, No. 243 ! Wednesday, December 20, 1~9 ! Notices Cb~~) (D) Only those services expressly authorized by paragraph ~(ii) of this section are allowable under paragraph~b~C=) (ii). (iii) Reporting for Own Employees. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. (iv) Professional and technical services by Other than Own £mployees. (A) The prohibition on the use of appropriated funds, in paragraph ~k l ) of this section, does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action', if the payment is for professional' or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. (tl) ~oz' purposes of paragraph,~ (~) of section, #profe.gsional and technical services" shall be limited to advice and 'analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by & lawyer is allowable. Similarly, technical advice provided by an engineer on %he performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as s licensed accountant) are not allowable under this section unless they provide advice and analys~s directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely ~n the preparation, submission or negotiation of a covered Federal action. Thus, ~or example, co~unications with the intent to influence made by a lawyer that do not provide le~al advice or analysis directly and solely .rel. a.t~d to the l_eqal aspects of his or her client's proposal, ~u~ generally advocate one proposal over another are not .a.l. lowable_ un. der _thia.ssoti.on because the lawyer is not prov~u~ng ~rozessxonal ~eqa~ services. Similarly, commun~cations with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submissicu% of a bid. or proposal .are not allowable urger th~e section since the engLneer xs .providing technical services but not d~rectly in the preparation, submission or negotiation of a covered Federal action. 25 F~eralRe~ster/¥ol.-54, No. 243/Wednesday, December ~,lg~A/Notices 52331 (C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or reg~lation, and any other requirements in the actual award documents. (D) Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. O~V~) (E) Only those services expressly authorized by. paragraph~ (iv) of this section are allowable under paragraph~L> (c) Disclosure. : (1) Each person who requests or receives from an agency a Federal contract shall file with that agency a certification, set forth in , that the person has not made, and will hot make, any payment prohibited by paragraph (b) of this clause. (2) Each person who 'requests or receives from an agency a Federal contract shall file with that agency a disclosure form, Standard Form-?3~., #Disclosure of Lobbying Activities.," if such person has made or has agreed to make any ~ayment using nonappropriated funds (to /~clude profits from any covered Federal action), which would be prohibited under paragraph (b) of this clause if paid for wl~h appropriated funds. (3) Each person shal~ file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in an~ disclosure form previously filed by such person under paragraph~2) of this section. An event that materially affects the accuracy of the information reported includes: (i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; oF (ii) A change i~ the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, (iii) A change in the officer(s), employee(s], or Member(s) contacted to influence or attempt to Influence a covered Federal action. (4) Any person who requests or receives from a '~erson referred to in paragraph,(i) of this section a subcontract exceeding $100,000 at any tier under a Federal contract shall file a certification, and a disclosure form, if required, to the next tier above. 26 Federal Register / Vol. M, No. 243 ! Wednesday. December 20. 1989 / Nouces (5) Ail disclosure forms~ but not certifications, ~haI1 be forwarded from tier to tier until received by the person referred to in paragraph~l) of this section. That person shall forward all disclosure form~ to the agency. (d) Agreement. In .accepting any contract resulting from this solicitation, the person ~ubmitting the offer agrees not to make any payment prohibited by this clause. (e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of ~his clause shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. (2) Any person who fails to file or amend the disclosure form to be filed or amended if required by this clause, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) Contractors may rely without liability on the representations made by their subcontractors in the certification and disclosure form. (f) Cost allowability. Nothing in this clause is to be interpreted to make allowable or reasonable any costs which would be unal!owable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of Part 31 of the Federal Acquisition Regulation. (End of Clause) [FR ~¢. ~3-297~ Filed 1~19.49;, 1~ pm] 27 A RESOLUTION APPROVING THE 1992-93 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 Council of the City of Denton has been pre- sented the 1992-93 Fiscal Year Budget of Denton County Emergency Communication 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 City of Denton approves the budget. SECTION II. That this resolution shall take effect immediate- lY fr°m and after its passage' ~~dada~ PASSED AND APPROVED this the y o 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROV~ AS T~ LEGAL F : DEBRA A. DRAYOVITCH, CITY ATTORNEY ALL002F1 RESOL,TION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AN APPLICATION FOR "HOME" PROGRAM FUNDING WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE CRANSTON-GONZALEZ NATIONAL AFFORD- ABLE HOUSING ACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is concerned with the de- velopment of viable urban ce~mmunities, including the maintenance of existing housing and the development of new housing opportunities; and WHEREAS, the City of Denton, Texas also has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas is applying to become a designated "State Recipient" and, has prepared a program for use of approximately $1,000,000 in "HOME" funding; and WHEREAS, the State of Texas requires submission of an applica- tion and appropriate certifications and the City Manager has recom- mended that the Council authorize the submission of the applica- tion; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Texas Department of Housing and Community Affairs a grant application and appropriate assurances for "HOME" Program funding under the Crans- ton-Gonzalez National Affordable Housing Act of 1990. SECTION II. That the City Council of the City of Denton, Texas authorizes the Executive Director of Planning and Development to handle all fiscal and administrative matters related to the ap- plication and the assurances. SECTION III. That the city Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION IV. That this resolution shall take effect immediate- ly from and after its passage. PASSED AND APPROVED this the /~day o~1992. e;wpdocs\dha.res A RESOLUTION BY THE CITY OF DENTON, TEXAS, SUPPORTING THE APPLICA- TION OF THE DENTON HOUSING AUTHORITY TO THE TEXAS DEPARTMENT OF HOUSING AND COMMTJNITY AFFAIRS FOR HOME PROGRAM FUNDING IN ORDER TO REHABILITATE THE CRAWFORD BUILDING LOCATED AT 306 S. LOCUST AND PROVIDE RENTAL SUBSIDIES FOR LOW INCOME ELDERLY TENANTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is concerned with the pro- vision of affordable housing for all citizens especially persons of low and moderate income; and WHEREAS, the City of Denton supports fully the provision of housing assistance to low income families and elderly citizens by the Denton Housing Authority; and WHEREAS, the State of Texas requests that applications for HOME Program funding by the Denton Housing Authority include a res- olution of support by the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton, Texas supports the applications for HOME Program funding to be submitted by the Denton Housing Authority. SECTION I%. That the City Council of the City of Denton, Texas supports the proposed rehabilitation of the Crawford Building and the provision of rental subsidies to low income elderly tenants included in the applications for HOME funding. SECTION III. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION III. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the/~day o~ 1992. BOB CASTLEBERRY, MA7 ~ ALL001Fi\1410.11b A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF DENTON, AN ADMINISTRATIVE SERVICES AGREEMENT WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton and the International city Man- agement Association Retirement Corporation have previously entered into an Agreement in which International City Management Associa- tion Retirement Corporation administers a deferred compensation plan for the benefit of City employees; and WHEREAS, the city of Denton and the International city Man- agement Association Retirement Corporation now desire to amend this Agreement; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized to exe- cute on behalf of the City of Denton, Texas, an "Administrative Services Agreement" between the City of Denton and the Internation- al City Management Association Retirement Corporation, a copy of which is attached. SECTION II. That this resolution shall take effect immediately upon its passage. /~d PASSED AND APPROVED this the ay o _, 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ICMA Plan ~2269 RETIREMENT CORPORATION ADMINISTRATIVE SERVICES AGREEMENT This Agreement, made as of ~e/~-~___~day o 1992, (herein referred to as the In6eption Date ), between The International City Management Association Retirement Corporation ("RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and City of Denton ("Employer") a City organized and existing under the laws of the State of Texas with an office at 324 East McKinney, Denton, Texas 76201. Recitals Employer acts as a public plan sponsor for a retirement plan ("Plan") with responsibility to obtain the best possible investment alternatives and services for employees participating in that Plan; The ICMA Retirement Trust (the "Trust") is a common law trust governed by an elected Board of Trustees for the commingled investment of retirement funds held by state and local governmental units for their employees; RC acts as investment adviser to the Trust; RC has designed, and the Trust offers, a series of separate funds for the investment of plan assets including a growth stock fund, an S&P index fund, an asset allocation fund, a medium-term bond fund, an enhanced short- term bond fund, and a fund which invests in investment contracts issued by financial institutions; these funds, (collectively, the "Funds") are available only to public employers and only through the Trust and RC. In addition to serving as investment adviser to the Trust, RC provides a complete offering of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record-keeping, investment and tax reporting, form processing, benefit disbursement and asset management. - 2 - ICMA Plan ~2269 RETIREMENT CORPORATION Agreements 1. Appointment of RC Employer hereby designates RC as Administrator of the Plan to perform all non-discretionary functions necessary for the administration of the Plan with respect to assets in the Plan deposited with the Trust. The functions to be performed by RC include: (a) allocation in accordance with participant direction of individual accounts to investment Funds offered by the Trust; (b) maintenance of individual accounts for participants reflecting amounts deferred, income, gain~ or loss credited, and amounts disbursed as benefits; (c) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts; (d) communication to participants of information regarding their rights and elections under the Plan; and (e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan. 2. Replacement of Employer Trust RC and Employer are parties to a Trust Agreement entitled "Trust Agreement with the ICMA Retirement Corporation" (the "Employer Trust") for the administration of the Plan. The Employer hereby terminates the Employer Trust (not the Declaration of Trust of ICMA Retirement Trust) intending that this Administrative Services Agreement evidence the understandings between RC and the Employer with respect to the matters covered by it. Employer continues to be a party to the Declaration of Trust of the ICMA Retirement Trust and agrees that operation of the Plan and investment, management and disbursement of amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. - 3 - ICMA Plan ~2269 RETIREMENT CORPORATION 3. Employer Duty to Furnish Information Employer agrees to furnish to RC on a timely basis such information as is necessary for RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in the Trust, and information as to the employment status of participants, and participant ages, addresses and other identifying information (including tax identification numbers). RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and RC shall not be responsible for any error arising from its reliance on such information. If within ninety (90) days after the mailing of any report, statement or accounting to the Employer or a participant, the Employer or participant has not notified RC in writing of any error or objection, such report, statement, or accounting shall be deemed to have been accepted by the Employer and the participants. 4. Certain Representations, Warranties, and Covenants RC represents and warrants to Employer that: (a) RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of RC to serve as investment adviser to the Trust is dependent upon the continued willingness of the Trust for RC to serve in that capacity. (b) RC is an investment adviser registered as such with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC Services, Inc. (a wholly owned subsidiary of RC) is registered as a broker-dealer with the Securities and Exchange Commission (SEC) and is a member in good standing of the National Association of Securities Dealers, Inc. RC covenants with employer that: (c) RC shall maintain and administer the Plan in compliance with the requirements for eligible deferred compensation plans under Section 457 of the Internal Revenue Code; provided, however, RC shall not be responsible for the eligible status of the Plan in the event that the Employer directs RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that - 4 - ICMA Plan #2269 RETIREMENT CORPORATION differ from the terms of RC's standardized plan document, RC shall not be responsible for the eligible status of the Plan to the extent affected by the differing terms in the Employer's plan document. Employer represents and warrants to RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. 5. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.9% per annum of the amount of Plan assets invested in the Trust. Such fee shall be computed and paid at the end of each month on plan assets in the Trust at that time. (b) Account Maintenance Fee. There shall be an annual account maintenance fee of $0.00. The account maintenance fee is payable in full on January 1 of each year on each account in existence on that date. For accounts established after January 1, the fee is payable on the first day of the calendar quarter following establishment and is prorated by reference to the number of calendar quarters remaining on the day of payment. (c) Compensation for Advisory Services to the Trust. Employer acknowledges that in addition to amounts payable under this Agreement, RC receives fees from the Trust for investment advisory services furnished to the Trust. (d) Payment Procedures. All payments to RC pursuant to this Section 6 shall be paid out of the Plan Assets held by the Trust and shall be paid by the Trust. The amount of Plan Assets held in the Trust shall be adjusted by the Trust as required to reflect such payments. 6. Custody Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions provided to Employer by RC and are not to be remitted - 5 - ICMA Plan #2269 RETIREMENT CORPOP~AT I ON to RC. In the event that any check or wire transfer is incorrectly labelled or transferred to RC, RC is authorized, acting on behalf of the transferor, to transfer such check or wire transfer to the Trust. 7. Responsibility RC shall not be responsible for any acts or omissions of any person other than RC in connection with the administration or operation of the Plan. 8. Term This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 9. Amendments and Adjustments (a) This Agreement may not be amended except by written instrument signed by the parties. (b) The parties agree that compensation for services under this Agreement and administrative and operational arrangements may be adjusted as follows: RC may propose an adjustment by written letter to the Employer, said notice to be given at least 60 days before the effective date of the proposed adjustment. Such adjustment shall become effective unless, within the 60 day period before the effective date the Employer notifies RC in writing that it does not accept such adjustment, in which event RC shall be under no obligation to provide services under this Agreement. (c) No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. 10. Notices All notices required to be delivered under this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) RC at 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002-4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. - 6 - ICMA Plan ~2269 RETIREMENT CORPORATION 11. Complete Agreement This Agreement shall constitute the sole agreement between RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 12. Governing Law This agreement shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto have executed this Agreement as of the Inception Date first above written. ~Si~nature/Dat~ ~ Nahe ahd T~io (Plebe Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT Stephen Wm. Nordholt/Date Corporate Secretary APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY A~00~0 - 7 - AAA00D80 RESOLUTION NO. A RESOLUTION ACCEPTING A GRANT OFFER FROM THE OFFICE OF THE GOVER- NOR IN THE AMOUNT OF $38,185 FOR THE DRUG ABUSE RESISTANCE EDUCATION PROGRAM SPONSORED BY THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has submitted to the Office of the Governor an application for assistance for a grant of funds for the city's Drug Abuse Resistance Education (D.A.R.E.) Program (the "Project"); and WHEREAS, the office of the Governor has approved partial funding of the Project; and WHEREAS, the office of the Governor has submitted to the City of Denton a Grant Offer in the amount of Thirty-Eight Thousand One Hundred Eighty-Five ($38,185) Dollars for the continuation of the Project, together with a Grant Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City of Denton hereby accepts the Grant Offer and agrees to comply with all of the assurances and condi- tions contained in the Grant Agreement, a copy of which is attached hereto, and the city Manager of the City of Denton or his designee is hereby authorized to execute such Agreement. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval., PASSED AND APPROVED this the /~ day of.~ 1992. BOB CASTLEBERRY, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY STATE OF TEXAS OFFICE OF THE GOVERNOR AUSTIN, TEXAS 787X~ .aNN W. RICHARDS SEP 0 1 1992 GOVERNOR Mr. Lloyd Harrell City Manager, City of Denton 215 E. McKinney Street Denton, Texas 76201 Dear Mr. Harrell: It is my pleasure to inform you that your grant has been approved to improve public safety in your co,unity. The grant, entitled "Project D.A.R.E.," is for $38,185. This grant award must be accepted within 30 days of the award date by the execution and return of the enclosed Grantee Acceptance Notice in the pre-addressed envelope provided. Copies of the packet, along with technical information and a~inistrative requirements, are being sent separately to the project director and financial officer designated in your grant application. Please call the Criminal Justice Division at (512) 463-1919 if you have any questions concerning the a~inistration of this grant. We stand ready at all times to do everything we can to help you make your program a successful one. Sincerely, Enclosures cc: Lieutenant Joanie Housewright Mr. John McGrane POST OFFICE BOX tZ4Z8 AUSTIN, TEXAS 787~1 (5~Z) 463-2000 Printed on Recycled Paper ANN W. RICHARDS ~ DOYNE BAILEY Governor ~ Director State of Texas Criminal Justice Division STATEMENT OF GRANT AWARD GRANTEE GRANT NUMBER City of Denton SF-93-Sll-5446 PROJECT TITLE GRANT PERIOD Project D.A.R.E./4 09/01/92 - 08/31/93 Amount of Award Grantee Matching Contribution: State: $38,185 Federal: $0 Total: $38,185 $55,929 The approved budget is as reflected in the attached Digest of Grant Application. The grant is subject to and conditioned upon acceptance of the standard grant conditions, special conditions noted below, rules for administration of grants, and the CJD Finan- cial and Administrative Requirements. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards issued by the Governor's Office. The grant is administered through the Criminal Justice Division, and you may address specific questions to: Office of the Governor Criminal Justice Division P.O. Box 12428, Austin, Texas 78711 Phone: (512) 463-1919 GRANTEE REQUEST FOR FUNDS Grantee shall request funds on a monthly basis for awards greater than $10,000, and on a quarterly basis for awards of $10,000 or less. Copies of invoices will be submitted with requests for funds for equipment purchase and construction costs. FUTURE SUPPORT Approval of the above entitled and numbered grant does not commit the Governor's Office to future funding. Any future funding shall be determined by the state plan under which application may be made, all applicable policies and procedures promulgated by the Governor's Office, criminal Justice Division, and the appropriation of funds. GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by Criminal Justice Rule No. 3.65, provided with the grant application kit. 1. Special Conditions: a. Procurement & Property Management Standards. 2. Prior to release of funds the grantee must provide letters of support and cooperation from Denton Independent School District. 3. Reference Notes attached. SEP 0 ! 1992 ~~s Award Date OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION DIGEST OF GRANT APPLICATION REGION NUMBER PROGRAM CATEGORY 0400 Sll APPLICANT SEQUENCE NUMBER City of Denton 3511 PROJECT TITLE PROJECT PERIOD Project D.A.R.E./4 09/01/92 - 08/31/93 AMOUNT RECOMMENDED State: $38,185 Federal: $0 Amount Requested: $38,672 DESCRIPTION: This project will provide continued funding to the City of Denton for a project D.A.R.E. drug abuse prevention program. D.A.R.E. is an acronym for Drug Abuse Resistance Education, developed and copyrighted by the Los Angeles Unified School District and the Los Angeles Police Department. The program includes strategies for saying "no" to drugs and resisting peer pressure to use'drugs, for improving self-esteem and self-assertiveness, and for managing stress without taking drugs. Also, the curriculum teaches a decision-making process, after which students are presented factual information about drug and alcohol use, followed by exercises in using the skills they have learned. The seventeen lesson elementary curriculum will be taught to all 6th grade students and the ten lesson middle school curriculum will be taught to all 8th grade students in the Denton School District. The shorter D.A.R.E. visitation lessons will be provided to kindergaten through 5th grade students. CJ Support Grantee Total Federal Cash Cash and State Contribution Project A. Personnel $35,445 $53,169 $88,614 B. Professional & Contract Services C. Travel 620 930 1,550 D. Equipment 640 960 1,600 E. Construction F. Supplies & Direct Operating Exp. 580 870 1,450 G. Indirect Cost 900 900 H. TOTAL $38,185 $55,929 $94,114 A. Personnel Two D.A.R.E. officers at $33,493 each or $66,986, plus fringe benefits $21,628. C. Travel Out-of-state travel by D.A.R.E. officers to National D.A.R.E. Officer's Annual Conference $1,550. D. Equipment Slide projection system (projector, dissolve unit, tape recorder, and cart) $1,300 and office desk $300. F. Supplies & Direct Operating Expense Office supplies $250, and D.A.R.E. student workbooks $1,200. Spe-~-! Condition PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS This Special Condition excerpts only those portions of the Procurement and Property Management Standards that apply to Criminal Justice Division Grants. For full details of federal regulations refer to OJP Guideline Manual M7100.1D, Chapter 6 and to the grants Common Rule Sections .31 through . 36. PROPERTY POLICIES Policies and procedures with respect to the acquisition and disposition of property acquired with grant funds must be based on three primary considerations: a) the function of a property in facilitating successful execution of a project; b) the necessity for ensuring that grant funds are properly used and accounted for; and c) the desirability of minimizing administrative accounting and reporting requirements. All grantees/subgrantees utilizing grant funds for the acquisition of property are responsible for establishing and maintaining systems for the effective management of such property. Def~nltions. The following definitions apply: 1. Personal Property. Personal property means property of any kind except real property. It may be tangible (having physical existence) or intangible (having no physical existence, such as patents, inventions, and copyrights). 2. Nonexpendable Perso,~.! Property and Equipment. Tangible personal property having a useful life of more than one year and an acquisition cost of $500 or more per unit. A grantee may use its own definition of nonexpendable personal property provided that the definition would at least include all tangible personal property as defined above. 3. Criminal Justice Division Grantees: will use, manage, and dispose of equipment acquired under a grant in accordance with state laws and procedures provided that the procurements conform to applicable federal law and the standards identified in the Procurement Standards Sections of the Grant Common Rule. PROPERTY MANAGEMF. NT SYSTEMS Property management systems should cover the acquisition, use, disposition, and replacement of all equipment. A. Acq,,i~ition. Grantees are required to be prudent in the acquisition of equipment. Careful screening should take place to SC #9, FY '92 Reissued March 1992 1 insure that proposed equipment is necessary and that the need cannot be met with equipment already in the possession of the grantee. CJD approval is required for all equipment purchases. 1. Grantees should be aware that the cost associated with the acquisition of equipment may be disallowed if a determination is made that the equipment purchased was unnecessary for the successful execution of the grant project. 2. Grantees should maintain property records on equipment purchased in whole or in part with CJD funds. These property records are to be made a part of the official grant records and must be available for review by authorized personnel. 3. Grant records should contain copies of the purchase order and invoice. 4. Loss, D~m~ge o~' Theft of Equipment: Grantees / subgrantees are responsible for replacing or repairing the property which is w~llfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official grant records. In the event of loss, damage, or theft, the Criminal Justice Division shall be promptly notified. B. Use. I. A grantee shall use equipment acquired under a grant in accordance with state laws and procedures and the use should meet the following requirements. a. Equipment must be used by the grantee or subgrantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a federal agency. b. The grantee or subgrantee shall also make equipment available for use on other projects or programs currently or previously supported by the federal government, providing such use does not interfere with the work on the projects or programs for which it was originally acquired. SC #9, FY '92 Reissued March 1992 2 c. Notwithstanding program income, the grantee shall not use equipment acquired with g~'ant funds to provide services for a fee to compete unfairly with private companies that provide equivalent services. d. When acquiring replacement equipment, grantee may use the equipment to be replaced as a trade-in or sell the equipment and use the proceeds to offset the cost of the replacement equipment subject to the approval of CJD. 2. During the time that equipment purchased with CJD funds is used for the project purpose, the following minimum property management standards must be met. a. Property records shall be maintained accurately and an inventory listing should include: (1) a description of the property (2) manufacturer's serial number, model number, or identification number (3) acquisition date (4) location and condition of the property (5) total acquisition cost to reflect: (a) CJD funds (b) Grantee's cash match funds (6) Any ultimate disposition data including the date of disposal and sale price 3. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the property. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. Where the grantee is authorized or required to sell the property, proper sales procedures shall be established which would provide for competition to the extent practicable and result in the highest possible return. C. Disposition Grantees shall dispose of equipment acquired under a grant in accordance with state laws and procedures and shah adhere to the SC #9, FY '92 Reissued March 1992 3 following disposition requi~ ~nts for nonexpendable personal property: 1. At the termination of ;ne grant period, the grantee shall submit an inventory report as an attachment to the final expenditure report for all equipment items purchased for the grant if CJD funds were used to purchase any part of those items. (See sample form attached.) The total cost of the inventory should reconcile to the total amount reported in the equipment category of the final expenditure report. Equipment budgeted and paid in total with grantee funds do not require an inventory report. Grantees should also include recommendations as to the future use and disposition of the equipment. 2. Upon receipt of the above inventory report, the Criminal Justice Division will advise the grantee within 90 days as to the determination regarding the future use of the equipment. a. A grantee may use nonexpendable personal property with a unit acquisition cost of less than $1,000 for other activities without reimbursement to CJD or sell the property and retain the proceeds. b. A grantee may retain nonexpendable personal property with a unit acquisition cost of $1,000 or more for other uses provided that compensation is made to CJD. The amount of compensation shall be computed by applying the percentage of CJD participation in the cost of the original project or program to the current fair market value of the property. c. If the grantee has no need for the property and the- property has further use value, the grantee shall request disposition instructions from CJD. CJD shall issue instructions to the grantee no later than 120 days after the grantee's request, and the following procedures shah govern: (1) If so instructed, the grantee shall sell the property and reimburse CJD an amount computed by applying to the sales proceeds the percentage of CJD participation in the cost of the grant. However, the grantee shall be permitted to deduct and retain from the CJD share $100 or 10 percent of the proceeds, whichever is greater, for the grantee's selling and handling expenses. SC #9, FY '92 Reissued March 1992 4 (2) If the grantee is instructed to ship the property to other agencies needing the property, the grantee shall be reimbursed by the benefiting agency with an amount which is computed by applying the percentage of the grantee's participation in the cost of the project or program to the current fair market value of the property, plus any reasonable shipping or interim storage costs incurred. (3) If the grantee is instructed to otherwise dispose of the property, the grantee shall be reimbursed by CJD for such costs incurred in its disposition. 3. A biennial equipment inventory is required on equipment with a unit cost in excess of $1,000. This requirement is applicable beginning two years after the completion of the grant period and should be retained by the grantee for audit purposes. D. Rel~lacement of Equipment When an item of equipment with an acquisition cost of $1,000 or more is no longer efficient or serviceable but the grantee continues to need the equipment in its criminal justice activities, the recipient may replace the property through trade- in or sale and purchase of new property, provided the following requirements are met. 1. Grantees must obtain the written permission of CJD to use the provisions of this section prior to entering into the negotiation for the replacement or trade-in of equipment. 2. Value credited for the property, if the property is a trade- in, must be related to its fair market value. 3. The equipment must be purchased soon after the sale to show that the sale and purchase are related. 4. Replacement of equipment is not a disposition of such equipment and CJD's interest in the equipment will be transferred to the replacement equipment. The CJD share of the replacement equipment shall be computed as follows: a. The proceeds from the sale of the original property or the amount credited for trade-in shall be multiplied by the CJD share (percentage) to produce a dollar amount. SC ~9, FY '92 Reissued March 1992 5 b. The percentage ratio of the dollar amount to the total purchase price of the replacement property shall be the CJD share of the replacement property. 5. The replacement equipment will be subject to the same instruction on use and disposition as the equipment which is replaced. 6. Replacement property must serve the same function as the original property. RETENTION OF PROPERTY RECORDS Records for equipment, nonexpendable personal property, and real property shall be retained for a period of three years from the date of the disposition or replacement or transfer. SC #9, FY '92 Reissued March 1992 6 Instructions for Completing P~operty Inventory Form 1. The property inventory form is to be filled out and attached to the final CJD Expenditure and Status of Funds Report. It should be typed or printed. 2. SERIAL NUMBER Manufacturer's serial number 3. GRANTEE'S INVENTORY NUMBER Inventory number assigned to this item on the grantee's own books. 4. TOTAL COST Total actual cost of the item as invoiced. Do not use a budget figure unless it agrees with the invoice. 5. CJD FUNDS This amount is that part of the total cost provided by the grantee. 6. GRANTEE'S MATCHING FUNDS This amount is that part of the total cost provided by the grantee. 7. DESCRIPTION Describe as completely as possible the item within the space permitted. 8. The total of all entries in the TOTAL COST column and in the CJD FUNDS column must agree with the equipment expenditures reported in the final Expenditur, e and Status of Funds Report. SC #9, FY '92 Reissued March 1992 8 REFERENCE NOTES Grant fimds associated with this grant, including both Criminal Justice Division support and required grantee contribution, must be accounted for under the Uniform Grant and Contract Management Standards as published by the Governor's Office and with CJD Financial and Administrative Requirements provided with the grant application kit. Included in those standards are Office of Management and Budget (OMB) Circular No. A-87, Cost Principles for State and Local Governments, and Common Rule.., Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments, as referenced herein. THE GRANTEE SHOULD GIVE SPECIAL ATTENTION TO THOSE REFERENCES WHICH ARE CIRCLED BELOW as they have particular significance to this grant and may require supplemental information or documentation. i. Automatic Data Processing Equipment OMB A~87, Attachment B, Item C. 1. 2. Building Space and Related Facilities OMB A-87, Attachment B, Item C.2. 3. Insurance and Indemnification OMB A-87, Attachment B, Item C.4. 4. Preagree~ncnt Costs OMB A-87, Attachment B, Item C.6. 5. Proposal Costs OMB A-87, Attachment B, Item C.8. 6. Professional and Contract Services OMB A-87, Attachment B, Item C.7 and CJD Financial and Administrative Requirements. ~ Compensation for Personal Services OMB A-87, Attachment B, Item B-10 and CJD Financial and Administrative Requirements. . Travel Expenses OMB A-87, Attachment B, Item B-28 and CJD Employee's Financial and Administrative Requirements. 9. Audit OMB A-87, Attachment B, Item B-4 and CJD Financial and Administrative Requirements. Income Common Rule, Section 25, and CJD Financial Prograln and Administrative Requirements. Standards Common Rule, Section 36, and CJD Financial Procurenlent and Administrative Requirements. 12. Bonding and Insurance Com~non Rule, Section 36, Item (h), and CJD Financial and Administrative Requirements. Revised July 1992 Office of the Governor ~ Criminal Justice Division , GRANTEE ACCEPTANCE NOTICE AGREEMl~NT: That whereas City of Denton hereinafter referred to as Grantee, has heretofore submitted a grant application to the Governor's Office, State of Texas, entitled Project D.A.R.E./4 and further identified by grant number SF-93-Sll-5446 Whereas, the Governor of the State of Texas has approved t~h_e grant application as evidenced by the Statement of Grant Award from the Governor's Office dated ~EP 0 ! ~0~ which contained certain special requirements. Whereas, the Grantee desires to accept the grant award, the Uniform Grant and Contract Management Standards, and special requirements as evidenced by the Statement of Grant Award, Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniform Grant and Contract Management Stan 'dards and special requirements in the grant application and the Statement of Grant Award as evidenced by this agreement executed by the project director, financial officer,, and the official authorized to sign the original grant application, Or the official's successor, as presiding officer of and on behalf of the governing body of this grantee. Now, therefore, the Grantee shall designate either the project director or financial officer to coordinate and be solely responsible for submission of adjustments pertaining to ]~oth programs arid financial elements of the application, the position authorized to submit adjustments is NON-LOBBYING CERTIFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to' influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated this certification shall result in the immediate termination of funding of the project and the grantee shall not be eligible for future funding from the Governor's Office, Criminal Justice Division. Certified By: Date: September 18, 1992 Name & Title (please print or t~ype) Name & Title (please print or type) Of Fi nance ,,~1 ~, ~__.1..~ 215 E. McKinney Address (st~ or post office box) Address (street or post office box) .J_-~_A~OA~ t I/' 7~0 I ~_(~}56L'~'D''~ Denton, Ix 817-566-8320 City Zip T ~-p-l~ o ~ ~i~y ------~ i-~ ~Sl~r~of~Author]zed'Official , Name & Title (ple;s~e l~rint or t~pe) ' I ' Address (~treet or Post office box) mcrr RESOLUTION NO. ~~ -~"~ A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO ADOPT A RESO- LUTION TO AMEND TEX. GOV'T CODE ANN. SEC. 30.481 ET SEQ. PROVIDING FOR THE APPOINTMENT OF MUNICIPAL COURT OF RECORD JUDGES; SUPPORTING CREATION OF A FHJNICIPAL COURT OF RECORD FOR THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton supports the creation of a Municipal Court of Record for the City of Denton; and WHEREAS, the City Council of the City of Denton is of the opin- ion that the best interest of the citizens of the city of Denton would be served by a provision in State law which would provide authority to the governing body for appointment of judges for a Municipal Court of Record; and WHEREAS, the City Council of the city of Denton desires to sub- mit a proposed resolution to the Texas Municipal League seeking its support for amendment to the TEX. GOV'T. CODE ANN. Sec. 30.481 et seq. to allow a governing body of a municipality to appoint judges of municipal courts of record without requiring the qualified voters of the municipality to vote on the question of election or appointment of said judges; NOW, THEREFORE, THE COUNCIL OF ~HE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton, Texas, supports the creation of a Nunicipal Court of Record for the City of Denton. SECTION II. That the City of Denton, Texas, requests the Texas Municipal League to adopt the resolution, attached hereto, provid- ing for the appointment of municipal court of record judges by the governing body of a municipality by amendment to the general law providing for the creation of municipal courts of record contained in TEX. GOV'T CODE ANN. sec. 30.481 et seq. SECTION III. That the City Attorney is; hereby directed to for- ward a copy of this resolution to the Texas Municipal League. SECTION IV. This resolution shall take effect immediately from and after its i~,assage. PASSED AND APPROVED this the~~day o~f . z~-~~_~ ~ 1992. tmlctrd.res A RESOLUTION SUPPORTING REVISION OF THE TEXAS GOVERNMENT CODE TO PROVIDE FOR THE APPOINTMENT OF MUNICIPAL COURT OF RECORD JUDGES BY A CITY'S GOVERNING BODY WHEREAS, the creation of municipal courts of record provide a more efficient means of disposing cases arising in municipalities and eases the volume of cases requiring hearing on appeal in courts of higher jurisdiction; and WHEREAS, municipalities may presently create municipal courts of record pursuant to TEX. GOV'T CODE ANN. sec. 30.481 et seq. only upon holding of an election to determine the method of selection of the judges of the municipal courts of record; and WHEREAS, the Texas Municipal League is of the opinion the court creation process would be expedited and more municipalities would establish municipal courts of record if the elected governing body of a municipality was allowed the authority to determine the method of selection of the judges of the municipal courts of record; and WHEREAS, appointment of judges to municipal courts of records by the governing body of a municipality would ensure selection of quality judges to serve in these capacities; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 1992 Annual Conference of the Texas Municipal League that the Texas Municipal League support legislation amending TEX. GOV'T CODE ANN. sec. 30.481 et seq. to provide governing bodies of municipalities with authority to create municipal courts of record by ordinance and determine the method of selection of municipal court of record judges without requiring qualified voters in the municipality to vote on the question of electing or appointing the judges of the municipal court of record. PASSED AND APPROVED by the membership of the Texas Municipal League this day of , 1992 at , Texas. APPROVED: ATTEST: e:wpdocs\btakey RESOLUTION NO. /~-~3~--~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE SUBLEASE OF AIRPORT PROPERTY BY FOX-51 LIMITED, TO BLAKEY ENGINE SERVICE, INC. AND WILKE ASSOCIATES, INC.; AND PRO- VIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Denton has leased airport property to Fox- 51 Limited (Fox-51); and WHEREAS, Fox-51 wishes to sublease hanger space to Blakey Engine Service, Inc. and Wilke Associates, Inc.; and WHEREAS, Fox-51 is required to obtain the City's written con- sent to the subleases; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That under paragraph XI (Assignment of Lease) of the lease between the City of Denton and Fox-51, dated April 1, 1986, the city of Denton gives its written consent to Fox-51 sub- leasing to Blakey Engine Service, Inc., 4855 Sabre Lane and Wilke and Associates~ Inc., 4933 Sabre Lane, Denton, Texas. SECTION II. That consent to the Blakey sublease is subject to and shall be considered valid only for so long as Blakey Engine Service, Inc. does not store wrecked or permanently disabled air- craft, aircraft parts, automobiles or vehicles of any type, or any other equipment or items which would detract from the appearance of the leased premises, outside of its hanger or fenced areas. SECTION III. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the----~Jday of~--~~ , 1992. ATTEST: BOB CASTLEBERRY, MAYOR/ ~ JENNIFER WALTERS, CITY SECRETARY APPRO~/D AS TO/JLEGAL FORM: DEBRA ~. DRAYO~ITCH, CITY ATTORNEY THE W. NEIL SURVEY, A-970, THE I. REMBRIE SURVEY A'594, TRE J. MCDONALD SURVEY A-873 AND T!{E J. W. KJELLBERG SURVEY, A-1610: WHERE%S, it is hereby determined that a public necessity exists and that public welfare and convenience hereby requires the acqui- sition of a fee ~imple interest in the hereinafter described land for the public purpose of extending a runwav at the Municipal Air- port and that the city of Denton should acquire said fee simple ~EREAU, the hereinafter described property is owned by M. T. ~. That public necessity exists and public welfare and hereinafter described land for the public purpose mentioned below. ~=~_Q_~. That the city Manager or his desig~ee is hereby authorized and directed to make an offer for the property to the owners of said hereinafter described property, bamed On Just the city Manag,Jr's direction. ~[9~[--~- That in the event the offer as described in Section II is refused by the owners of said property, the City Attorney is hereby authorized and directed to file the necessary simple interest fo.- the public purpose of extending a runway at the Municipal Airport upon the lan~ more particularly described as All that certain portion of land lying and being situated in the City of ~nton, Denton County, Texas, described in Exhibit #A# at~ached hereto and made a part hereof for all particular description. ~LLQ~. That if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event the City Attorney is autho- rized and directed to join said parties as Defendants in said con- demnation. ~. That this resolution shall become effective immedi- ately upon its passage and approval. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. D~AYOVITCH, CITY A~£ORNEY PAGE 2 EXHIBIT "A" FIELD NOTES AIZL that certain lot, tract, or parcel of land situated in Denton County, Texas and being a part of the W. Nell Survey, A-970, part of the I. Bembrie Survey A-594, part of the J. McDonald Survey A- 873, part of the J.W. KJellberg Survey, A-1610, and part Of a tract shown by deed to M.T. Cole recorded in Volume 238, page 410 of the deed to M.T. Cole recorded in Volume 243, page !~72 Deed Records and also part of a tract shown by deed to M.T. Cole recorded in VolUme 375, page 483 Deed Records and being more particularly described es follows; BEGINNING at the southwest corner of "Tract ~o" to the City Of Denton recoraed in Volume 871, page 137 Deed Records; THENCE south 88" 31' 00# east with the south line of said "Tract Two" a distance of 1210.0 feet to the southeast corner of said "Tract Two"; THENCE south 6" 48' 38" east a distance of 1010.04 feet to a point for a corner; for a corner; THENCE north 9" 41' 25" east a distance of 1010.88 feet to the Point of Beginning and containing 31.107 acres Of land. AEEO0015 RESOLUTION NO. ~-~1~i',~- A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN THE HEREINAFTER DESCRIBED LAND SITUATED IN THE WILLIAM WILBURN SURVEY, ABSTRACT NO. 1419; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PRCPERTY NECESSARY FOR THE PUBLIC PURPOSE OF EXTENDING A RUNWAY AT THE MUNICIPAL AIRPORT BY THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby requires the acqui- sition of a fee simple interest in the hereinafter described land for the public purpose of extending a runway at the Municipal Air- port and that the City of Denton should acquire said fee simple interest necessary for said purpose; and WHEREAS, the hereinafter described property is owned by John W. Porter and wife, Margaret G. Porter; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That public necessity exists and public welfare and convenience require the acquisition of a fee simple interest in the hereinafter described land for the public purpose mentioned below. SECTION II. That the City Manager or his designee is hereby authorized and directed to make an offer for the property to the owners of said hereinafter described property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction. SECTION IIi. That in the event the offer as described in Section II is refused by the owners of said property, the City Attorney is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against John W. Porter and Margaret G. Porter to acquire a fee simple interest for the public purpose of extending a runway at the Municipal Airport upon the land more particularly described as follows: Ail that certain portion of land lying and being situated in the City of Denton, Denton County, Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular description. SECTION IV. That if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event the City Attorney is autho- rized and directed to join said parties as Defendants in said con- demnation. SECTION V. That this resolution shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the ~7~-day of ~~_, 1992. BOB CASTLEBERRY, MAYy ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~~I ~-~ ~~ APPR~D'~;--~O LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~ ~~M~~ PAGE 2 EXHIBIT "A" FIELD NOTES ALL that certain lot, tract, or parcel of land situated in Denton County, Texas and being part of the William Wilburn Survey A-1419 and also part of a tract dated September 27, 1991 from L.R. Downe and wife Sue Mingo Downe to John W. Porter and wife Margaret G. Porter recorded in Volume 3071, page 158 of the Real Property Records of Denton County Texas and being more particularly described as follows: BEGINNING at the northwest corner of "Tract II" shown by deed to the City of Denton, Texas, recorded in Voluble 871, Page 142 Deed Records; THENCE north 6° 10' 41" west a distance of 504.41 feet to a point for a corner; THENCE south 88° 35' 51" east a distance of 916.54 feet to the center line of Masch Branch Road; THENCE south 1° 24' 09" west with the center of Masch Branch Road 100.0 feet to the northeast corner of "Tract III" of said City of Denton tract; THENCE north 88° 35' 51" west with the north line of said "Tract III" 50.0 feet to the northwest corner of "Tract III"; THENCE south 1° 24' 09" west with the most easterly west line of "Tract III" 400.0 feet to the northeast corner of said "Tract II"; THENCE north 88° 35' 51" west with the north line of "Tract II" 800.0 feet to the Point of Beginning and containing 9.679 acres of land. AEE00015 wolski.r A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN THE HEREINAFTER DESCRIBED LAND SITUATED IN THE J. SCOTT SURVEY, ABSTRACT NO. 1222; AUTHORIZING THE CITY MAN- AGER OR HIS DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF EXTENDING A RUNWAY AT THE MUNICIPAL AIRPORT BY THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby requires the acqui- sition of a fee simple interest in the hereinafter described land for the public purpose of extending a runway at the Municipal Air- port and that the City of Denton should acquire said fee simple interest necessary for said purpose; and WHEREAS, the hereinafter described property is owned by Ed Wolski, Trustee and Virginia Fryman; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That public necessity exists and public welfare and convenience require the acquisition of a fee simple interest in the hereinafter described land for the public purpose mentioned below. SECTION II. That the City Manager or his designee is hereby authorized and directed to make an offer for the property to the owners of said hereinafter described property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction. SECTION Iii. That in the event the offer as described in Section II is refused by the owners of said property, the City Attorney is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary acainst Ed Wolski and Virginia Fryman to acquire a fee simple interest for the public purpose of extending a runway at the Municipal Airport upon the land more particularly described as follows: Ail that certain portion of land lying and being situated in the City of Denton, Denton County, Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular description. SECTION IV. That if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event the City Attorney is autho- rized and directed to join said parties as Defendants in said con- demnation. SECTION V. That this resolution shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the ~7~'-~day of <~d~&q~, 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 EXHIBIT "A" FIELD NOTES ALL that certain lot, tract, or parcel of land situated in the J. Scott Survey A-1222 and being part of a tract shown by deed to Ed Wolski, Trustee and Virginia Fryman, recorded in Volume 2895, Page 470 Real Property Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the northwest corner of the "Second Tract" shown by deed to The City of Denton recorded in Volume 857, Page 523 Deed Records said corner being in the center of Masch Branch Road; THENCE north 1° 24' 09" east with the center of Masch Branch Road 865.82 feet to a point for corner; THENCE south 88° 35' 51" east a distance of 887.23 feet to a point for corner; THENCE south 10° 51' 29" west a distance of 874.43 feet to the northeast corner of said "Second Tract"; THENCE north 88° 50' 58" west with the north line of said "Second Tract" 743.58 feet to the Place of Beginning and containing 16.174 acres of land. AEE00015 air.r RESOLUTIO NO./ q -05'9 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE GRANT AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION, CHANGING THE PROJECT NUMBER; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized to execute Amendment No. 1 to the Grant Agreement between the City of Denton and the United States of America Federal Aviation Adminis- tration executed on the 7th day of July, 1992, which changes the project number from 3-48-0067-0792 to 3-48-0067-0592, a copy of which is attached hereto and made a part hereof. SECTION II. That the City Secretary is hereby directed to attach a copy of said Amendment to Resolution 92-032 and to note on said ordinance a statement that the Agreement has been amended. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the &~C~day of ~ , 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 1 of 2 Pages ~",- °' Contract No. DOT FA 92 SW-8111 Federal Aviation Administration Denton Municipal Airport Southwest Region Fort Worth, TX 76193-0601 Denton, Texas (Location) AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. 3-48-0067-0792 WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA") has determined it to be in the interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the City of Denton, (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 7th day of July, 1992, be amended as hereinafter provided. NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States, on the one part, and the Sponsor, on the other part, do hereby mutually agree as follows: The project number shall be changed from 3-48-0067-0792 to 3-48-0067-0592. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the tf~,'FL~day of t~)~ , 19~qc~ FEDE~L AVI/~ION AD~I~NISTRATION Titl~: A~s~fs~ta~ioS~~orts Division (SEAL) City of Denton (Name of Sponsor) Attest.. x~kL~l~ b)~ By: t~,~./ ~ Title: ~}~ ~.,J Title: ~t)~ 0 - (J FAA Form 5100-38 (10-89) Page 2 of 2 Pages Contract No. DOT FA 92 ST-8111 Denton Municipal Airport Denton, Texas (Location) CERTIFICATE OF SPONSOR'S ATFORNEY I, I')~.iO((i i-)t (zqO¢ i¢(~'\ ,, acting as Attorney for rL~f/t¢Or'l 1(3([~f.3 , (h~reinafter referrSd to as "Sponsor') do hereby certify: ' That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects due and proper and in accordance with the laws of the State of Texas, and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at ~o~qtO&.,; , this (?( day of (~ ~ ~)~g4~_~P" , 19 (~. FAA Form 5100-38 (10-89) AAA00E8E A RESOLUTION TEMPORARILY CLOSING GATEWOOD DRIVE BETWEEN LAFAYETTE DRIVE AND TICONDEROGA STREET ON SATURDAY, OCTOBER 31, 1992; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Pam Arthur is requesting that Gatewood Drive, from its intersection with Lafayette Drive to its intersection with Ticonderoga 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 12:45 p.m. to 3:00 p.m. on October 31, 1992, for the purpose of having a block party; and WHEREAS, Pam Arthur, representing the neighborhood, has assured the City that the property owners abutting the street have agreed to the temporary closing of this road; and WHEREAS, in order to provide adequate space for the said block party and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Gatewood Drive between Lafayette Drive and Ticonderoga Street from the hours of 12:45 p.m. until 3:00 p.m. on Saturday, October 31, 1992; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Gatewood Drive, from its intersection with Lafayette Drive to its intersection with Ticonderoga Street, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 12:45 p.m. to 3:00 p.m. on October 31, 1992, for the purpose of having a neighborhood block party. SECTION II. That the City Manager shall direct the appropriate City Department to erect barricades on Gatewood Drive from the intersection of Lafayette Drive to its intersection with Ticonder- oga Street, at 12:45 pom. and to have the same removed at 3:00 p.m. on said date. SECTION III. That this resolution shall become effective im- mediately upon its passage and approval. ATTEST: JENNIFER WALTERS, CITY SECRETARY ! APPR~ED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 P_AA00E72 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT'S POLICY PO- SITION ON PURSUING A DECENTRALIZED VEHICLE INSPECTION AND MAIN- TENANCE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dallas-Fort Worth ozone non-attainment area con- sists of Collin, Denton, Dallas, and Tarrant Counties; and WHEREAS, Collin and Denton Counties must implement at least a "basic" auto inspection and maintenance program by 1994 to meet Clean Air Act requirements; and WHEREAS, lack of enforcement of the existing "basic" inspec- tion and maintenance program by the State of Texas results in a compliance rate of 65%; and WHEREAS, other options proposed by the Texas Air Control Board have merit but do not include a commitment to enhance the current program for greater effectiveness; and WHEREAS, the Dallas-Fort Worth ozone non-attainment area is not required at this time to implement the other more stringent op- tions recommend by the Texas Air Control Board; and WHEREAS, the City of Denton continues to believe that the majority of its air quality problems are more a result of the wind direction than the number of cars on our streets; and WHEREAS, it has not been proven that any attainable percentage of reduction in Denton County would have any affect on the overall rating of the four county areas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the city of Denton adopts the Consensus Posi- tion set forth in Attachment 1 developed by the Air Quality Advisory Committee. SECTION II. That the City recommends that the Executive Director and staff of the North Central Texas Council of Govern- ments should actively pursue an Action Plan, as set forth in Attachment 2, to enhance the inspection and maintenance program in the Dallas-Fort Worth metroplex. SECTION III. That the City of Denton urges the Texas Air Con- trol Board to discontinue its plans to implement a centralized In- spection and Maintenance program in Denton County. SECTION IV. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the ~-~day of ~~, 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ,I Page 2 Attachment I No~ Cantr~,l Texas Council ol Governments A~¢ Quat~ty A0wson/Cornm~lee CONSENSUS POSlTION AUTO INSPECTION & MAINTENANCE PROGRAM DALLAS/FORT WORTH METROPLEX ~ June 10, 1992 Th~s ~egion supports a cooperative, cost-effective approaci3 to reac.~ air quality goats. The selecfion of an I/M program s~ould be undertaken in coniunc"Jon witl~ ot~e~ control sU'ategies, as part of a compre~enswe-State tmpiementaion Plan development process. Cost effectiveness of Vid program shoutd be developed. Under ~e C~ean Air Act, moderate non*attainment areas, sucfl as the 4-county Dallas.Fo~l Wor~ area, are not required to implement centralized 'hsgf3-tocl't' programs at ~is time. Test ol3erators now using t~e 2-speed test 'Bar 90' technology in Defies and Tarrant Counties need opportunity to recoup t~air investment over the next 3-4 years. Decentralized programs can significantly improve emissions reductions if enforcement compliance reacrles 90 percent. Current timetable is proposed 13y TAC8. based upon TAC8 & Department 0f Public Safety preference for centralized system in tile Dall~s/Fort Wortll area. TACB st~oulcl consider funding and developing a more effective enforcement program to suppo~ c~rent decentralized netwo~, instead of switching now it~ favor of new tecllnology. Nea.-ly $20 m~ilion a year' is returned., to the genera~ fund from test fees in o~r area, only a smaJl portion of whic~ is now allocated in -~turr~ to enforcement of ti'ts test program. I AC8 should awat published guidance from EPA and evaluate ~e effectiveness of othe~ cantralized · 11igrt-tectl' systems before recommending suc~ programs in Oallas/Fo~l Wort1. In aclclition. MOBILE 5.0 software is fonl~coming, with ef/ectivaness to be quantified with its use, Existing options reduce the incentives for a nine.county integrated program. The effectiveness of ~e '11i<jt~-teci't' test has not been demonsa'ated ('i.e. would more vehicles fail t~is particulm' test .~ Some options would require up to foul' trips: safety cflecX, ir{itia] emissions inspection, repar if needed, and completed inspection. This would result in great inconvanience to car owners. The TAC8 opUons propose confusing systems based on modm ye~s ~ various locations. A confusing system would hu~l 'Jle c~'edibility of t~e p~ogram. There is no clea~ guidance from State at tttis time wt~ett~er t~e Dallas-Fen Wortt~ area needs to foc~s on NOx testing and control strategy. Th~s ~ssue may {3e clanfieci ,n t~e next 12-18 months. o There ~s no demonstrated etfec'.Jveness lot the pressure test. ~f l~e test ~s inOeed necessary, options ott',er than Iest[ng as par1 of a centrafizecl emissions lest coulcl ~ considered, lot exampte, 0y asking ca~ manufacturers anti dealers to conc~uct tt~e pressure lest. o National data trom EPA inOicate that 10 percent of vehicles produce ne~'ly 50 percenl of mo~3ile sourc~ emissions. A cost effective program snouiO target these gross polluters. RECOMMENDATIONS 1. Texas Legislature should provide sufficient resources & powers to the Texas Ak Control 8oa~cl to ~ aggressn/e enforcement of We decentralized program t~rough We Department of Pul31ic Safe~' and Icx:~ ~r pollution control programs. The Defies/Fort Worlh region should pursue the option of Coffin ancl Denton Counties implement/rig a decentralizecl inspection and maintenance program. 3. The perimeter counties of the OaJlas-Fortll metropolitan region (i.e., Parke~', Rockwell. Johnsor~, EI~. Kaufman) should be asked to consider opting for some form of a 13asic t/M program. 4. TACB should consider implementation of a decentralizecl computes' system, with rea-time enforcement capability, to recluce/remove the discrepancy Wil/'t centralized networks. If the TAC8 needs aclditionaJ funding to implement the computer system, then the TACB should seel( funding from the Legislature. Atlacnment 2 North Centre Texas Counctl of Governments 5-POINT ACTION PLAN TO CARRY OUT REGIONAL NEEDS FOR AUTO iNSPECTION & MAINTENANCE PROGRAM June I0, 1 ~ 1. Request Priority Attention to Enforcement of Auto IIM program. The current decentralized t~asic program could meet EPA effectiveness requirements if the p~u'ticipation rate from target ca/s could raised from 65%. Current enforcement resources are not adequate to provide the necessary compliance level. Emssions test fees collected By the Slate are not fully allocated to the Inspection & Maintenance program needs. NCTCOG sM'ould contact the Governor's Office, State Legislators an<l the Texas A~' Control Board and request adequate resources and powers t~e made avmlaDle to tl~e Department PuDlic Safety and local air pollution control programs to provide necessary enforcement. 2. Solicit state Commitment to a Decentralized Inspection & Maintenance Program in the D/FW area. Ou~ region believes that centralize~ programs are premature at this time. On the other Man<l, we a commitment to improve/enhance the exJsting decentralized program. NCTCOG should solicit supl:~l from the State regarding this position. Enhancements to a Decentralized Inspection & Maintenanc~ Program. Request the Texas AA, Control 8oarcl to examine improvements in the existing Inspection program I=y, for example, moving up implementation dates of Denton an<l Collin County inspections, adding other vel~cle systems to the t, sting procedure and rewewing the existing method of the current gas analyzer test. 4. Explore Fult Range of IIM Options througtt StP Process. T~e OallaslFo~t Worth is on a fast-trac~ schedule to develop, under TAC8 guidance, ou~ share of the State Implementation Plan over the hex1 12-18 months. In this effort, NCTCOG s~ould fully explore ti're vadous options ava~laimle to our'region. and evaluate cost-effectNeness. 5. Inspection Testing for New Cars. Federal law currently prohibits emission testing on new ce~ although some evidence ex/sis that not ail of the emission control systems on vel~ictes axe fully operational when purchased. Pursue with federal authorities the cost and effectiveness of changes in this position. e.\,ibserv.res\11CO.3.1 RESOLUTION NO. ~--~-)~'~) 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 agree- ment between the City of Denton and the County of Denton for the provision of library services under the terms and conditions con- tained in the agreement attached hereto. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~7-~day of ~>~2~-- , 1992. BOB CASTL~~EBE~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY STATE OF TEXAS, ) )SS. COUNTY OF DENTON. ) INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between DENTON COUNTY, a political 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 Municipality; and WHEREAS, County and Municipality mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act; and Chapter 323 of the Local Government Code. NOW, THEREFORE, County and Municipality, for the mutual consideration hereinafter stated, agree and understand as follows: INTERLOCAL COOPERATION AGREEMENT - LIBRARY I)/LNTON COUNTY - CITY OF DENTON The term of this agreement shall be for the period from October 1, 1992 through September 30, 1993. II. For the purposes and consideration herein stated and contem- plated, Municipality shall provide Library services for the residents of County without regard to race, religion, color, age and/or national origin. Upon proper 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 connection with said library services. III. County shall designate the County Judge to act on behalf of County and serve as liaison officer for County with and between County and Municipality. The County Judge or his designated substitute shall insure the performance of all duties and obliga- tions of County herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement, and shall provide immediate and direct supervision of County's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and Municipality. INTERLOCAL COOPERATION AGREE,MEaNT - LIBRARY 2 DI~NTON COUNTY - CITY OF DENTON IV. Municipality shall designate to act on behalf of Municipality and to serve as liaison officer of 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 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. V. 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, 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. INTERLOCAL COOPERATION AGREEMEaNT- LIBRARY DENTON COL'NTY - CITY OF DENTON 3 VI. 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. VII. 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. VIII. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Municipality nor County waives any immunity or defense that would otherwise be available to it against claims by third parties. IX. Municipality understands and agrees that the Municipality, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of County. INTERLOCAL COOPERATION AGREEMF2,/T - LIBRARY DENTON COUNTY - CITY OF DF~NTON 4 Xo county understands and agrees that County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representa- tives of Municipality. XI. The address of County is: County Judge Denton County Courthouse-on-the-Square 110 West Hickory Denton, Texas 76201 Telephone: 817-565-8687 The address of Municipality is: city of Denton 215 East McKinney Denton, Texas 76201 Attention: Lloyd V. Harrell Telephone: 817-566-8200 INTERLOCAL COOPERATION AGREEMENT - LIBRARY 5 DENTON cOUNTY - CITY OF DI{aNTON XII. For the services hereinabove stated, County agrees to pay Municipality for the full performance of this agreement, ONE HUNDRED EIGHT THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($108,125.00) to be paid in equal quarterly installments commencing October 1, 1992. Included in the above figure, County agrees to pay Municipality SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) in matching funds upon the Denton County Auditor's receipt of proof from the Municipality that revenue from sources other than Denton County has been received and that this information shall be provided each quarter to County and will be matched in full each quarter until such time t~at the $7,500 has been paid. County understands and agrees that payment by County to Municipality shall be made in accordance with the normal and customary processes and business procedures of County. XIII. This agreement may be terminated at any time, by either party giving sixty (60) days' advance written notice to the other party. In the event of such termination by either party, Municipality shall be compensated pro rata for all 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 all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then County INTERLOCAL COOPERATION AGREEMENT - LIBRARY DF. NTON COUNTY - CITY OF DEaNTON 6 shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XIV. 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. XV. 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. XVI. ' 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. XII. The undersigned officers 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 certifies to the other that any necessary resolutions extending said authority have been duly passed and are INTERLOCAL COOPERATION AGREEN~J~T - LIBRARY 7 DFaNTON COLVNTY - CITY OF DENTON now in full force and effect. Executed in duplicate originals in Denton County, Texas by the authorized representatives. COUNTY MUNICIPALITY By By~..~~~~~ COUNTY JUDGE N~ Date: Date: Acting on behalf of and by the Acting on behalf of and authority of the Commissioners by the authority of the Court of Denton County, Texas Municipality ATTEST: By Denton County Clerk APPROVED AS TO FORM: Assistant District Attorney INTERLOCAL COOPERATION AGREEMENT - LIBRARY DILNTON COL,N'TY - CITY OF DENTON 8 nteducat.res A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF 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., hav- ing 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 Educa- tion Authority, Inc. for a term commencing October 1, 1992 and continuing through September 30, 1994. SECTION II. That Ms. Neta Stallings is hereby reappointed to Place 4 on the Board of Directors of the North Texas Higher Educa- tion Authority, IKc. for a term commencing October 1, 1992 and continuing through September 30, 1994. SECTION III. That this resolution shall become effective immediately upon its passage and appr0ya~. PASSED AND APPROVED this the~ day of~, 1992. BOB CASTLEBERRY, MA/R ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY ALL0035C A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the city Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Argyle for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the city. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this th~day of ~, 1992. BOB CASTLEBERRY, MAYOy ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO~D AS ~O LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY . g:wpdocs\ARGYLE.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Argyle would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Supp. 1991) and the Interlocal Cooperation Act [TEX. REV. CIV. STAT. ANN. Art. 4413 (32c)], a city may contract to provide emergency medical services to the county or another city. Agreement~j) This Agreement is made ~n~, e~__xa~s ~ye~ ~~=~, 199~, between the City of n=un), and The City of Argyle (Argyle). The parties agree as follows: 1. Definitions. Emerqency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Argyle. Denton shall provide emer- gency medical services to Argyle in response to requests for emer- gency medical services in accordance with this Agreement. Ail re- quests for emergency medical services for persons residing in the corporate limits of Argyle shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Argyle understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Argyle, to determine: (a) Whether or not to respond to a request for medical emergency service; (b)Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c)The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Argyle, Argyle agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Argyle by Two Dollars and Seventy-Five Cents (population x $2.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Reqional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Argyle during any period of time Argyle is delinquent in the payment of any undisput- ed service fee. 5. Patient Charges. In addition to the service fee paid by Argyle, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not waived. Neither Denton or Argyle waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1992 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Argyle shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Argyle: City Manager Mayor City of Denton City of Argyle 215 E. McKinney P.O. Box 1035 Denton, Texas 76201 Argyle, Texas 76226 Page 2 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. ll. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the~~day of ~, 199~ . CITY OF DENTON, TEXAS BOB CASTLE ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO~D AS ~LEGAL FORM: DEBRAVA. DI~I~OVITCH, CITY ATTORNEY Page 3 ALL0035C RESOLUTION NO. 3 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION Io That the City Council of the city of Denton hereby approves an agreement between the City of Denton and the City of ,Corinth for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval/ PASSED AND APPROVED this the~day of ~, 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY g:wpdocs\CORINTH.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND T~E CITY OF CORINTH Recitals The city of Denton currently provides emergency medical ser- vices to the citizens of Denton. The city of corinth would like to contract with the city of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Supp. 1991) and the Interlocal Cooperation Act [TEX. REV. CIV. STAT. ANN° Art. 4413 (32c)], a city may contract to provide emergency medical services to the county or another city. Agreement This Agreement is made on the~day of ~ , 199~ , between the City of Denton, Texas (Denton), and The City of Corinth (Corinth). The parties agree as follows: 1. Definitions. Emerqency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to corinth. Denton shall provide emergency medical services to Corinth in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Corinth shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. corinth understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Corinth, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Corinth, Corinth agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Corinth by Two Dollars and Seventy-Five Cents (population x $2.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Reqional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Corinth during any period of time Corinth is delinquent in the payment of any undisputed service fee. 5. Patient Charges. in addition to ~he service fee paid by Corinth, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Corinth waives, nor shall be deemed hereby to waive, any immunity or de-. fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1992 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Corinth shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Corinth: City Manager Mayor City of Denton City of Corinth 215 E. McKinney 2003 South Corinth Street Denton, Texas 76201 Corinth, Texas 76205 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. Page 2 il. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the ~day of ~ , 199~. CITY O]? DENTON, TEXAS BOt ATTEST: JENNIFER WALTERS, CITY SECRETARY APP~OTED AS ~0 LEGAL FORM: DEBBA~ A. DRMYOVITCH, CITY ATTORNEY // ? i CITY OF CORINTH / MAYOR ATTEST: SECRETARY/ Page 3 ALL0035C A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION____~I. That the city Council of the city of Denton hereby approves an agreement between the city of Denton and the city of Sanger for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the city. SECTION I_ I. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the~~day of ~, 1992. BOB CASTL ~Y, ~~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY "I APPR( 'ED AS O LEGAL FOX: DEB~ A. D~YOVITCH, CITY ATTORNEY g:wpdocs\SANGER.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER Recitals The city of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Sanger would like to contract with the city of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Suppu 1991) and the Interlocal Cooperation Act [TEX. REV. CIV. STAT. ANN. Art. 4413 (32c)], a city may contract to provide emergency medical services to the county or another city. Aqreement This Agreement is made on the~day of ~ , 199~ , between the city of Denton, Texas (Denton), and The City of Sanger (Sanger). The parties agree as follows: 1. Definitions. Emerqency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Sanger. Denton shall provide emer- gency medical services to Sanger in response to requests for emer- gency medical services in accordance with this Agreement. All re- quests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Sanger understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liabJ, lity to Sanger, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Sanger, Sanger agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Sanger by Two Dollars and Seventy-Five Cents (population x $2.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Reqional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent in the payment of any undisput- ed service fee. 5. Patient Charges. In addition to the service fee paid by Sanger, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Sanger waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1992 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Sanger shall be liable to Denton pro rata for the Dayment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Sanger: City Manager Mayor City of Denton City of Sanger 215 E. McKinney P. 0. Drawer 578 Denton, Texas 76201 Sanger, Texas 76266 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. Page 2 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the ~ay of OJ~A~ , ~99~. CITY OF DENTON, TEXAS BOB CASTLEBERRY, 7R~.....~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~ _ ~-- APP~ED AJLEGAL FORM: DEB~ A. DRAYOVITCH, CITY ATTORNEY ATTEST: SECRETARY Page 3 ALL0035C A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the city of Denton hereby approves an agreement between the City of Denton and the city of Krum for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the ~~[ay of ~, 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY g:wpdmcs\KRUM.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM Recitals The city of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Krum would like to contract with the city of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Supp. 1991) and the Interlocal Cooperation Act [TEX. REV. CIV. STAT. ANN. Art. 4413 (32c)], a city may contract to provide emergency medical services to the county or another city. Agreement This Agreement is made on the~~day of ~~, 199~_, between the City of Denton, Texas (Denton), and The City of Krum (Krum). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Krum. Denton shall provide emer- gency medical services to Krum in response to requests for emer- gency medical services in accordance with this Agreement. All re- quests for emergency medical services for persons residing in the corporate limits of Krum shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Krum understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Krum, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Krum, Krum agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Krum by Two Dollars and Seventy-Five Cents (popula- tion x $2.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Reqional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Krum during any period of time Krum is delinquent Jn the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Krum, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Krum waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1992 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Krum shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. Ail notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Krum: City Manager Mayor City of Denton City of Krum 215 E. McKinney P.O. Box 217 Denton, Texas 76201 Krum, Texas 76249 Page 2 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the~/~day of ~ , 199 ~ . CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR LEGAL FORM: DEB~ A. DRKYOVITCH, CITY ATTORNEY CITY OF KRUM ATTEST: Page 3 ALL0035C A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE cOUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTI_~ON I. That the city Council of the city of Denton hereby approves an agreement between the city of Denton and the city of Ponder for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the city. SECTION I_ I. That this resolution shall become effective im- mediately upon its passage and app~ PASSED AND APPROVED this the~day of ~, 1992. ~ T' A~TES . JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL F : DEBRA A. DRAYOVITCH, CITY ATTORNEY g:wpdocs\PONDER.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Ponder would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Supp. 1991) and the Interlocal Cooperation Act [TEX. REV. CIV. STAT. ANN. Art. 4413 (32c) ], a city may contract to provide emergency medical services to the county or another city. Aqreement ~his Agreement is made on the _/?~day of ~~ , 19962~_, between the city of Denton,-Texas (Denton), and The City of Ponder (Ponder). The partier agree as follows: 1. Definitions. Emerqency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Ponder. Denton shall provide emer- gency medical services to Ponder in response to requests for emer- gency medical services in accordance with this Agreement. All re- quests for emergency medical services for persons residing in the corporate limits of Ponder shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Ponder understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Ponder, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Ponder, Ponder agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Ponder by Two Dollars and Seventy-Five Cents (population x $2.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Reqional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Ponder during any period of time Ponder is delinquent in the payment of any undisput- ed service fee. 5. Patient Charges. In addition to the service fee paid by Ponder, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Ponder waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1992 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated° Ponder shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Ponder: City Manager Mayor City of Denton City of Ponder 215 E. McKinney P.O. Box 297 Denton, Texas 76201 Ponder, Texas 76259 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. Page 2 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the 1~- day of CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:t APPF ED LEGAl, FORM: DEBI~ A. DR~YOVITCH, CITY ATTORNEY CITY OF PONDER BY: (/~t MAYOR ATTEST: SECRETARY Page 3 ALL0035C R ,SO ,UT O NO. 7 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the city Council of the city of Denton hereby approves an agreement between the City of Denton and the City of Shady Shores for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the city. SECTION II. That this resolution shall become effective im- mediately upon its passage and appro~ PASSED AND APPROVED this the .~ day of ~, 1992~ BOB CASTLEBERRY, MA: ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY g:wpdocs\shadysh.k AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Shady Shores would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Supp. 1991) and the Interlocal Cooperation Act [TEX. REV. CIV. STAT. ANN. Art. 4413 (32c)], a city may contract to provide emergency medical services to the county or another city. Aqreement This Agreement is made on the ~/--' day of ~~~__, 199~, between the City of Denton, Texas (]Denton), and The City of Shady Shores (Shady Shores). The parties agree as follows: 1. Definitions. Emerqency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Shady Shores. Denton shall provide emergency medical services to Shady Shores in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Shady Shores shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Shady Shores understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Shady Shores, to deter- mine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy med!cal service; and (d) The time in which to respond to a request for emergency medical service. 4. service Fee. In consideration for providing emergency medi- cal services to Shady Shores, Shady Shores agrees to pay to Denton an annual s-m during each year of this Agreement determined by multiplying the population in Shady Shores by Two Dollars and Seventy-Five Cents (population x $2.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Shady Shores during any period of time Shady Shores is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Shady Shores, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Gover-mental Immunity Not Waived. Neither Denton or Shady Shores waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1992 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Shady Shores shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. Ail notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Shady Shores: City Manager Mayor City of Denton City of Shady Shores 215 E. McKinney P.O. Box 362 Denton, Texas 76201 Shady Shores, Texas 75065 Page 2 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the p day of ~i~ , 19 9~._/. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBP3 A. DRA~YOVITCH, CITY ATTORNEY CITY OF SHADY SHORES MAYOR ATTEST: BY: SECRETARY Page 3 ALL0035C A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the city of Denton hereby approves an agreement between the city of Denton and the city of Hickory Creek for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the~day of ~, 1992. JENNIFER WALTERS, CITY SECRETARY AP A~ ~O LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY g:wpdocs\HICKCK.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The city of Hickory Creek would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Supp. 1991) and the Interlocal Cooperation Act [TEX. REV. CIV. STAT. ANN. Art. 4413 (32c)], a city may contract to provide emergency medical services to the county or another city. Agreement ~his Agreement is made ~n~ ~xas ~n~n) and The City o~ 199~_, between the City of , , Hickory Creek (Hickory Creek). The parties agree as follows: 1. Definitions. Emerqency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Hickory Creek. Denton shall provide emergency medical services to Hickory Creek in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Hickory Creek shall be com- municated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Hickory Creek understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Hickory Creek, to deter- mine: (a) Whether or not to respond to a request for medical emergency service; (b) Whethet' and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Hickory Creek, Hickory Creek agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Hickory Creek by Two Dollars and Seventy-Five Cents (population x $2.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Reqional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, ~fter g~.ving prior notice, suspend service to Hickory Creek during any period of time Hickory Creek is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Hickory Creek, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Hickory Creek waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1992 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giw[ng ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Hickory Creek shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Hickory Creek: city Manager Mayor city of Denton City of Hickory Creek 215 E. McKinney P.O. Box 453 Denton, Texas 76201 Hickory Creek, Texas 75065 Page 2 10. Agreement ]~ot for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED oi~ the .~ / day of CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBR~A. DRA~fOVITCH, CITY ATTORNEY CITY OF HICKORY CREEK BY: ,' '/.'% /' ~20R / ATTEST: Page 3 ALLO035C RESOLUTION NO. ~-~)~ ~ A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of tile City of Denton hereby approves an agreement between the city of Denton and the City of Lake Dallas for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the~day of ~, 1992. BOB CASTLEBERRY, MAY~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY g:wFdocs\LKDALLAS.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Lake Dallas would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Supp. 1991) and the Interlocal Cooperation Act [TEX. REV. CIV. STAT. ANN. Art. 4413 (32c)], a city may contract to provide emergency medical services ~o the county or another city. Agreement This Agreement is made on the ~~ay_ of ~, 199~ , between the City of Denton, Texas (0enton), and The City of Lake Dallas (Lake Dallas). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological ,Dr psychological illness or injury. 2. Denton to Provide EMS to Lake Dallas. Denton shall provide emergency medical services to Lake Dallas in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Lake Dallas shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Lake Dallas understands that Denton must also respond 'to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Lake Dallas, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum during each year of this Agreement determined by multi- plying the population in Lake Dallas by Two Dollars and Seventy- Five Cents (population x $2.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Director~. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Lake Dallas during any period of time Lake Dallas is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Lake Dallas, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1992 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giw[ng ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Lake Dallas shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. Ail notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Lake Dallas: City Manager Mayor city of Denton City of Lake, Dallas 215 E. McKinney P.O. Box 3~ Denton, Texas 76201 Lake Dallas, Texas 75065 Page 2 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the~~day of ~ , 199 ~. CITY OF DENTON, TEXAS ATTEST: BOB CASTLEBERR/O~Y, MA~ JENNIFER WALTERS, CITY SECRETARY / APPR~D''~S~TO LEGAL FORM: DEBRA~A. Dt~kYOVITCH, CITY ATTORNEY ../~j./~.~ a;~. --%/'k/%. a/'~-%~ CITY OF LAKE DALLAS BY: ./ BY: -x~-~_ ~._ ---- ATTEST: SECRETARY Page 3 ALL00285\1400.2 R .SOLUT O NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN APPLICATION FOR A GRANT TO PARTICIPATE IN THE NA- TIONAL TREE PLANTING PROGRAM; COMMITTING LOCAL MATCHING FUNDS AND IN-KIND SERVICES TO MATCH THE AMOUNT OF THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, grants are available through the Texas Forest Service from the Small Business Administration's Tree Planting Program; and WHEREAS, receiving a grant under the Program would further the aims of the city's beautification program; and WHEREAS, the City of Denton is willing to match the amount of the grant with local matching funds and in-kind services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton authorizes the City Manager to act for the City in applying for a grant to the Texas Forest Service for the National Tree Planting Program. SECTION II. That the City is willing and able to match the amount of the grant with local funds and in-kind services to ful- fill the grant requirements and to abide by the conditions of the grant. SECTION III. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this th~day of ~, 1992. DEBRA' A. DRAYOVITCH, CITY ATTORNEY ccmeet.res A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF DECEMBER 1, 1992 TO DECEMBER 8, 1992; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the regular Council meeting of the City of Denton scheduled for December 1, 1992 is hereby postponed to December 8, 1992; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the regular Council meeting to be held on December 1, 1992 be postponed until December 8, 1992. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~/~ day of/~ 1992. BOB' CASTLEBERR~ ,- ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO~D AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~~ nepotism.r A RESOLUTION ADOPTING A PERSONNEL POLICY RELATING TO NEPOTISM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Director of Human Resources for the city of Denton has presented a proposed policy regarding certain employee rules and regulations for the Council's consideration; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas: Nepotism (Reference No. 102.08) SECTION II. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records of the City of Denton with the City Secretary. SECTION III. The previous policy relating to Nepotism (Reference No. 102.08), adopted by Resolution of this Council on October 31, 1984 is hereby rescinded. SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this resolution or policy, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution, 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 and the Policy shall become effective on the 4th day of November, 1992. PASSED AND APPROVED this the~_~ day of ~, 1992. CITY OF DENTON PAGE 1 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRaTIVE DIRECTIVE SECTION: REFERENCE NUMBER: PERSONNEL/EMPLOYEE RELATIONS 102.08 SUBJECT: EFFECTIVE DATE: EMPLOYEE APPOINTMENT 11-04-92 TITLE: REPLACES: NEPOTISM 10-31-84 POLICY STATEMENT: The City of Denton shall not contribute, through employment, in-house advancement or transfer process, to the creation of any inequity or impropriety among its employees. City Charter, Section 14.05 states: "No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the City Council within the second degree of affinity or the third degree of consanguinity, and this shall apply to heads of departments in their respective departments." In a department comprised of more than one division~, an applicant related within the second degree of affinity or within the third degree of consanguinity to a City employee employed in that division will not be eligible for employment within the same division. An applicant for a job in a division consisting of one division who is related within the second degree of affinity and the third degree of consanguinity to an employee of the department will not be eligible for employment in that department. An applicant for a job in a division which reports to or serves as staff liaison to a City Board or Commission is ineligible for employment in that division if the applicant is related within the second degree of affinity or the third degree of consanguinity to any member of the Board. ADMINISTRATIVE PROCEDURE: I. KINSHIP. For the purposes of this policy, the following shall constitute familial relationships: A. Consanguinity (Blood Relationships) 1st Deqree Mother Father Brother Sister Son Daughter 2nd Deqree Grandfather Grandmother Grandson Granddaughter Uncle (your mother's or father's brother) Aunt (your mother's or father's sister) Nephew (your brother's or sister's son) PAGE 2 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: I REFERENCE NUMBER: NEPOTISM I 102.08 Niece (your brother's or sister's daughter) 1st Cousin (your uncle's or aunt's son or daughter) 3rd Deqree Great grandson Great granddaughter Great grandfather Great grandmother Grand nephew Grand niece Grand uncle Grand aunt Second cousin B. Affinity (Marriage Relationships) 1st Deqree Mother-in-Law Father-in-law Brother-in-law Sister-in-law Son-in-law Daughter-in-law 2nd Deqree Grandfather-in-law Grandmother-in-law Grandson-in-law Granddaughter-in-law Uncle-in-law (your spouse's uncle or your aunt's husband) Aunt-in-law (your spouse's aunt or your uncle's wife) Nephew-in-law (your spouse's nephew or your niece's husband) Niece-in-law (your spouse's niece or your nephew's wife) 1st Cousin-in-law (your spouse's first cousin or your first cousin's husband or wife) II. An applicant shall be requested to list and shall list all relatives employed by the City or serving on a board or commission on his or her application for employment. III. No current employee may be appointed or promoted to any supervisor's span of responsibility who is related within the second degree of affinity or the third degree of consanguinity to that manager. IV. In the event of promotion or marriage between two City employees, the following shall apply: A. If the affected employees are employed in different departments or different divisions of a department, those employees will be permitted to remain with the City. PAGE 3 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: IREFERENCE NUMBER: NEPOTISM I 102.08 B. If the affected employees are employed in the same division of a department, and they wish to remain City employees, one must seek a transfer to another division of that department or to another department. This decision shall be made and agreed upon by those employees involved. An employee seeking a transfer will be considered for any City position for which he is qualified but cannot remain in the existing division for more than ninety (90) days. Qualifications being equal, the transferring employee shall be given preferential treatment. If a suitable position cannot be found by the end of this period, one of the two must terminate or be subject to reassignment if another position is available. Reassignment is subject to the discretion of the City Manager and the individual's skills and qualifications. V. Boards and Commissions If employee is already employed with the City of Denton, then the employee is not required to transfer or resign upon the appointment of a relative to a board or commission. However, an applicant of a relative of an existing board member or member of a commission is not eligible for employment in the division which serves as the liaison to the Board or Commission. VI. If the City institutes a reorganization which changes division or department boundaries, and an employee would then be working within the same division as, or supervising a member of his immediate family, one of the employees must transfer to another division. The ninety (90) day period to arrange a transfer may be extended in 30 day increments with the approval of the City Manager, the department director and the super- visor. The extension shall not exceed 90 calendar days. If a transfer is not possible, the employee will be subject to mandatory reassignment. If this is not possible, the employee will be subject to dismissal. For purposes of definition, immediate family applies to the second degree of consanguinity and to the second degree of affinity. AAA00CF6 10/26/92 ALL0034A A RESOLUTION ACCEPTING A GRANT OFFER FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR CONSTRUCTING A PUBLIC LIBRARY FACILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has submitted to the Texas State Library an application for assistance for a grant of funds for the construction of a new library facility; and WHEREAS, the Texas State Library has awarded to the City of Denton/Emily Fowler Public Library a Grant in the amount of Ninety- Seven Thousand One-Hundred Thirty-Three Dollars ($97,133) for the construction of the Library Facility; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton hereby accepts the Grant Offer and agrees to comply with all of the assurances and condi- tions contained in the Contract For Construction of a Public Li- brary Facility, a copy of which is attached hereto, and the City Manager of the City of Denton or his designee is hereby authorized to execute such agreement. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the5%~' day of ~, ~1992. BOB TLEBERRY, MAYOR/ ATTEST: / JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: t.",. ..i.3':, f ALL0034A ," ' / Contract #481.4 CONTRACT FOR COIiS1RUCTION OF A PUBLIC LIBRARY FACILITY This Contract .lnd Agreemer~t 'is entered into by and between the Texas State Library and Archives Commission and the Local Governmental Unit pursuant to the authority granLed and in compliance with the provisions of V.T.C.A., Government Code ~ 441.006, OeneFa7 P©~vers and Duties, and Public Law 101-254, the Librar~ Services and Cotlstructiol? Act. I. CONTRACTI!~G PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Denton, Emily Fowler Public Library II. STATEMENT OF SERVICES TO BE PERFORMED:- A. The Receiving Agency agrees to make a grant of monies to be used for the purpose of constructing a public library facility as approved in the Performing Agency's grant application. The Performing Agency agrees to adhere to all of the program requirements set Forth in the grant guidelines. B. The Performing Agency may charge expenditures against this grant only if they are allowable under litle II of the Library Services and Construction Act and/or conform to the grant application budget. Grant funds may not be encumbered after May 31, 1995. By August 31, 1995, all obligations of the grant period must have been paid. A final Outlay Report and Request for Reimbursement for Construction Programs will be submitted to the Receiving Agency and all unexpended grant funds will be returned, or if additional payments are due the Performing Agency, such payments will be forwarded by the Receiving Agency. C. The Performing Agency agrees to audit all Funds received under this contract. Such audit shall be conducted in accordance with OFFice of Management and Budget Circular A-128, Judits oF State and Loca? Governments. The audit will be provided to the Receiving Agency no later than 180 days following the close of the city/county fiscal year. An audit report will be provided For each fiscal year in which grant funds are expended. D. The Performing Agency agrees to notify the Rec~.~iving Agency if all of the federal funds awarded under this grant will not be needed. Notification is required when excess funds total $5,000 or 5% of the grant, whichever is greater. Page 2 of 7 E. The Performing Agency agrees to retain all records, books, or other documents pertaining to the project for a period of five years. Such records shall be accessible to the Receiving Agency, the State Auditor, and the Department of Education or their authorized representatives. All records pertaining to equipment purchased with grant Funds must be retained for five years following the date of disposition. F. The Performing Agency certifies that it will comply with the assurances set forth in the Public Library Construction grant application submitted to the Receiving Agency which requested federal and/or state assistance. G. The Performing Agency shall provide the following documents to the Receiving Agency prior to placing the project on bid: 1. A written building program developed with the assistance of a Library Building Eonsultant (i.e., 'librarian with a Master's Degree in Library Science from an-ALA accredited library school who is experienced in public library building planning). 2. An evaluation of flood hazards in connection with the proposed construction including assurance by the Performing Agency that in so far as practicable uneconomic, hazardous, or unnecessary use of flood plains will be avoided. 3. An assessment of tile impact of the proposed construction on the quality of the environment in accordance with Section 102 (2)(c) of the National Environmental Policy Act of 1969 and Executive Order 11514. 4. A description of the relationship of the proposed construction to and probable effect on any district, site, building, structure, or object that is: (a) included in the National Register of Historic Places or (b) eligible under criteria established by the Secretary of Interior For inclusion in the National Register of Historic Places. 5. Statement of compliance with federal statutes and regulations on non-discrimination as defined on HEW Form 441. 6. A statement of certification by a registered architect that the proposed facility will be designed to make it accessible to and usable by tt~e physically handicapped. H. The Receiving Agency will be provided a copy of the tabulation of all bids received with the bid accepted so designated. The Receiving Agency will also be provided a copy of the construction contract or contracts and all contract documents. The construction contract must be signed on or before September 1, 1993. Page 3 of 7 I. The PerFoFming Agency agrees to display, at the construction site, a sign stating that Federal funds provided under the Library Services and Construction Act are being used For this project. If a plaque is placed in the completed building indicating the date of completion and source of Funds, the Performing Agency will note on the plaque that Funds were provided under the Act. J. The Performing Agency certifies that all local matching Funds listed in the grant application will be expended For the proposed project. K. When procuring equipment, construction, or other services with grant funds, the Performing Agency shall comply with all of the procurement procedures detailed in the Uniform Crant and Contract Management Standards for State Agencies. L. The Performing Agency agrees to obtain the specific written approval of the Receiving Agency prior to expending grant funds for the purchase of equipment or when sub-contracting any part of this grant. M. The Performing Agency agrees to maintain inventory records of all non- expendable personal property purchased with grant funds having a unit acquisition cost of $300 or more and to conduct inventories of such property in accordance with the Uniform Orant and Contract Management Standards for State Agencies. The Performing Agency further agrees to report all property purchased with grant funds which cost $300 or more to the Receiving Agency on the Form TSL 51-12, "Property Inventory Record," by August 31, 1995. N. The Performing Agency shall have or obtain a full title or other interest in the site, including right off access, that is sufficient to insure the undisturbed use and possession of the facility for 20 years or the useful life of the facility, whichever is longer. O. The Performing Agency shall insure that the construction is functional, economical, and not elaborate in the use of materials, compared with facilities of a similar type constructed in the State or other geographical area. It will comply with the standards under the Occupational Safety and Health Act of 1970 in planning for and designing the facility. P. The Performing Agency shall observe the Life Safety Code, National Fire Protection Association publication No. 101 and state and local codes which have been certified as exceeding the Life Safety Code. Q. The Performing Agency assures that the building will, to the extent feasible, make efficient use of energy and that it will comply with Standard 90-75 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers in designing and constructing the facility. R. The Performing Agency must secure the approval of the Receiving Agency if there is a material change in approved space utilization or functional layout. Page 4 of 7 S. The Performing Agency will assume responsibility for insuring compliance by sub-contractors with construction contract conditions including the assurance that contractors comply with Federal contract conditions related to labor standards and equal employment. T. 'The Performing Agency agrees to submit quarterly expenditure reports on the SF 271, Outlay Report and Request For Reimbursement for Construction Programs, until the proposed Facility is completed. U. The Performing Agency affirms that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. 'The Performing Agency Further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements. V. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that fai.lure to comply can result in grant suspension. Suspension shall be effective fifteen (15) days after receiving written notification from the Receiving Agency. During the suspension, the Performing Agency shall be reimbursed For those costs which cannot be reasonably avoided provided they are allowable under the grant agreement. W. The Contracting Parties may terminate this contract by giving written notice at least (30) days prior to the effective dates of such termination. Termination procedures shall adhere to the Uniform Grant and Contract Management Standards #or State Agencies. X. The Performing Agency shall administer this grant in accordance with the Uniform Grant and Contract Management Standards for State Agencies which shall be considered a part of this contract. This grant is also subject to federal regulations contained in litle 34 CFR 76; 34 CFR 80; and 34 CFR 770. III. PAYMENT FOR SERVICES: The Receiving Agency shall pay For services received From federal appropriation items or accounts of the Receiving Agency from which like expenditures would normally be paid, based upon an Outlay Report and Request For Reimbursement for Construction Programs submitted by the Performing Agency on Form SF 271. The request will be only for the amount of funds required to meet disbursement needs for a one-month period, but should not be less than $250 per request. IV. TERM OF CONTRACT: This Contract is to begin September 1, 1992 and shall terminate August 31, 1995. Page 5 of 7 V. BASES FOR CALCULATING REIMBURSABLE COSTS: Land, Structures, Right-of-Way $ 48,600 Architectural/Engineering Basic Fees 76,000 Construction and Project Improvement 724,000 Equipment 120,000 TO'IAI_ PROJECT AMC}UNF $968,600 Funds may be transferred to cost categories not established in this contract only if prior authorization is obtained from the Receiving Agency. This provision does not allow the total amount of Federal funds to be exceeded. The use of Federal funds For payment of contingencies is unallowable. Therefore, contingencies may be paid only From local matching funds. ALLOWABLE COSTS UNDER TITLE II GRANTS The following costs may be paid from LSCA Title II funds in accordance with the Library Services and Construction Act: a. Erection of new buildings to be used For public library Facilities. b. Expansion, remodeling, and alteration--as distinguished From maintenance and repair--of existing library buildings or buildings to be used for public library purposes. c. Expenses--other than interest and the carrying charges on bonds--related to the acquisition of an existing building or of land on which there is to be construction of new buildings or expansion of existing buildings to be used for public library buildings. These expenses are allowable if they were incurred three years prior to date on which the Texas State Library approved the project. To be allowable, the expense must constitute an actual cost or transfer of public funds in accordance with the usual procedures of the local government. d. Site grading and improvement of land on which these Facilities are located. e. Architectural, engineering, and inspection expenses incurred after site selection. f. Expenses related to the acquisition and installation of initial equipment to be located in a public library facility. This equipment includes all necessary building fixtures and utilities, office furniture, and public library equipment. An applicant may not include the cost of books or other library materials. Page 6 of 7 VI. CONIRACT AMOUNT: The total amount of Federal LSCA Funds committed for this contract shall not exceed: $97,133 Ninety-Seven Thousand One Hundred Thirty-Three Dollars. Source of Funds in this Contract: $508 LSCA Title II, FFY 1988 Carryover $96,625 LSCA Title II, FFY 1992 Carryover CFDA # 84-154 $871,467 Local Matching The undersigned Receiving Agency does hereby certify that (1) the services specified above are necessary and essential For activities that are properly within the statutory functions and programs of the affected agencies of state and local governments; (2) the services, supplies or materials contracted for are required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the arrangements and payments contracted for are in compliance with the provisions For Programs of the Department of Education, the Rules and Regulations and the General Provisions of the Library Services and Construction Act, P.L. 101-254, and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY PERFORMING AGENCY City of Denton Texas State Library Emily Fowler Public Library an, offic!~l empowered to enter into contracts)' ' William D. Goo~]h I. loxd V. Harre11 Typewritten Name Above Typewritten or Printed Name Above Director and Librarian (:itS Manager Title Title August 20, 1992 November 3, i992 Date Date Page 7 of 7 Type or print name of local fiscal Type or print name of individual officer responsible For account into designated as the person entrusted which these funds are to be paid. with the safekeeping of the property acquired with grant funds. (If applicable) ~Jo~lll ~IcGrane ~lohn N~Grmne Name of Fiscal Officer ~ame of Property Manager Executive Director for Finance /<x~'~t Jvo I)Lr~,Pr(~r Fr~r l?innnrw~ Title (Must be an official of Position of Property Manager the Performing Agency) 215 E. ~cKinne¥ 215 E. ~cK£nne¥ ADDRESS ADDRESS (817)566-8320 (817)566-8320 TELEPHONE NUMBER TELEPHONE NUMBER ALL003A5 A RESOLUTION ACCEPTING A GRANT FROM THE TEXAS FOREST SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, trees clean the air, produce oxygen, provide a habitat for wildlife, cut heating and cooling costs and can reduce the erosion of topsoil; and WHEREAS, trees increase property value, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, the Keep Denton Beautiful Program has encouraged the planting and maintenance of trees, promoted the community forestry program, and organized annual Arbor Day celebrations; and WHEREAS, the City of Denton, upon recommendation by Texas foresters, has been recognized as a 1992 Tree City USA by the National Arbor Day Foundation; and WHEREAS, the Texas Forest Service, in cooperation with the United States Forest Service and the Texas Urban Forestry Council, Incu has established an urban and community forestry challenge cost-share program; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council hereby accepts a grant from the Texas Forest Service through its America the Beautiful-Chal- lenge Grants Program to fund the Denton Tree Inventory project. The City Manager is hereby authorized to execute an agreement with the Texas Forest Service to provide the matching in-kind share of the cost. SECTION II. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED this the/~ay of ~1992. BOB CASTLEBERRY, MAYO~ ~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY ALL003AA A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DENTON TO EXE- CUTE, ON BEHALF OF THE CITY OF DENTON, AN INTERLOCAL AGREEMENT WITH THE CITY OF CORINTH FOR THE PROVISION OF SERVICES ASSOCIATED WITH THE HOLDING AND DISPOSING OF DOGS AND CATS FOR THE CITY OF CORINTH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corinth desires to obtain impoundment and disposition services for dogs and cats for the citizens of the City of Corinth; and WHEREAS, the City of Denton has facilities and personnel train- ed to provided these services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Mayor of the City of Denton is hereby authorized to execute on behalf of the City of Denton, Texas, an interlocal agreement with the City of Corinth, Texas for the pro- vision of services associated with the holding and disposing of dogs and cats for the City of Corinth, a copy of which is attached hereto. SECTION II. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED this the~day of~~ 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY AAA00E8A THE STATE OF TEXAS INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON WHEREAS, the city of Denton, Texas and the city of corinth, Texas, are both municipal corporations with the authority and power to contract; and WHEREAS, the city of Denton is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, the City of Denton is the owner of certain vehicles, facilities and equipment designed for the transporting, holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the city of Corinth desires to obtain impoundment and disposition services for dogs and cats rendered by the city of Denton, as more fully hereafter described, for the benefit of the residents of the City of Corinth, Texas; and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, the City of Corinth and the City of Denton mutually desire to be subject to the provisions of Tex. Rev. Civ. Stat. Art. 4413 (32c), The Interlocal Cooperation Act and contract pursuant thereto; NOW, THEREFORE, the City of Corinth and[ the city of Denton, for the mutual consideration hereinafter stated, agree as follows: A. COVENANTS OF THE CITY OF DENTON 1. Holding of Dogs and Cats. The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the city of Corinth and to accept and hold dogs and cats brought to and released to the Center from residents of the incorporated areas of the City of Corinth under the following terms and conditions: PAGE 1 (a) Holdinq Period for Doqs and Cats. The City of Denton 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 owners 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 of Denton and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor. (b) Holdinq Fees for Impounded Dogs. For the purpose of this Agreement, the City of Denton 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 reclaimed. No animal will be released until all applicable fees are paid in full. (c) Holdinq of Quarantined Animals. The City of Denton agrees to accept and hold rabid suspects in quarantine for the City of Corinth when conditions permit, and such action is authorized by a representative of the City of Corinth. (d) Holdinq Fees for Quarantined Animals. The holding fee for quarantined animals shall be Seven Dollars ($7.00) per day for each day that the animal is held. (e) Head Shipments and Rabies Testinq. Upon request of the City of corinth, the City of Denton 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 ($35.00) for each head shipped. B. COVENANTS OF THE CITY OF CORINTH 1. Financial Responsibility. In order to reimburse the city of Denton for its costs incurred under this Agreement, the City of Corinth agrees to pay for the holding fees and euthanasia fees on all dogs and PAGE 2 cats received from the incorporated areas of the City of Corinth or its authorized agent if the animal(s) is not reclaimed by its owner. These fees will be assessed on the following basis: (a) Euthanized Animal $6.00 per day holding fee for four (4) days for each animal $24.00 $15.00 Euthanasia Fee 15.00 Total Fee $39.00 (b) Adopted Animal $6.00 per day holding fee for four (4) days for each animal $24.00 (c) Head Shipments $35.00 2. The City of Denton will collect impound fees from the owners of dogs and cats received from the incorporated areas of the City of Corinth. Impound fee monies will be applied to fees owed the City of Denton by the City of corinth for animals not reclaimed by the owner. IMPOUND FEE 1st Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $67.00 3. The City of Corinth agrees payment shall be made within forty-five (45) days of receipt of invoice by the City of Corinth. II. The City of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the city of Denton's employees, and agents, the city of Denton's subcontractors, and/or contract laborers doing work under a contract or agreement with the City of Denton in performance of this agreement with said city of Denton° The City of corinth agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Corinth's employees, and agents, the City of Corinth's subcontractors, and/or contract laborers doing work under an agreement or contract with the City of Corinth in performance of this agreement with the City of Denton. PAGE 3 It is further agreed that if claim or lability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to 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 City of Corinth and the City of Denton accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a ~overnmental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the full extent possible under the law. Neither the City of Denton nor the City of Corinth waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental functions. IV. The term of the Agreement shall be for a period of one (1) year commencing as of October 1, 1992 and ending September 30, 1993. Thereafter, this agreement shall be renewed for successive additional one (1) year terms commencing on October 1 of each year if the City of Corinth and the City of Denton 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, either party may terminate this Agreement, upon thirty (30) days written notice to the other. Vo This Agreement represents the entire and integrated agreement between the City of Denton and the City of Corinth 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 the City of Denton and the City of Corinth. PAGE 4 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. VII. 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. 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 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 duplicat~nals this the ~ day of B6B CASTLEBERRY, ~ ~ ATTEST: JENNIFER WALTERS CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH CITY ATTORNEY PAGE 5 CITY OF CORINTH, TEXAS BY: ~L~ . Shirley Sp~lll~I rberg, Mayor City of Cokinth, Texas ATTEST: N0r]n-~Shyelds, City Secretary City ~ Corinth, Texas PAGE 6 ALL003Bb A RESOLUTION BY THE CITY OF DENTON, TEXAS~, ENCOURAGING THE TEXAS DEPARTMENT OF TRANSPORTATION TO CONTINUE IN ITS EFFORTS TO INSURE THE CONTINUED EXISTENCE OF AN EXIT RAMP FROM INTERSTATE HIGHWAY 35 TO U.S. HIGHWAY 77; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Denton is concerned with the needs of the traveling public through portions of the city of Denton; and WHEREAS, it is in the best interest of the city of Denton, its citizens and members of the traveling public to have direct access from Interstate Highway 35 to U.S. Highway 77; and WHEREAS, the Texas Department of Transportation has previously supported the city of Denton in keeping the existing exit ramp be- tween Interstate Highway 35 and U.S. Highway 77 open; NOW, THERE- FORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: ~ECTI__ON I. That the city Council of the city of Denton sup- ports the continued operation of the existing exit ramp between Interstate Highway 35 and U.S. Highway 77. SECTIO_~N II. That the city Council of' the city of Denton re- quests the Texas Department of Transportation to submit to the Federal Highway Administration a request for a newly constructed exit ramp between Interstate Highway 35 and U.S. Highway 77. SECTION III. That the city Council of the city of Denton will continue to support and assist the Texas Department of Trans- portation to insure the continued existence of the exit ramp be- tween Interstate Highway 35 and U.S. Highway 77. SECTION IV. That this resolution shall take effect immediately from and after its passage. ~ ~/~ PASSED AND APPROVED this the ay of 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~ AAA010D6 A RESOLUTION SUPPORTING THE EFFORTS OF THE DALLAS FORT WORTH AIRPORT BOARD TO OBTAIN LEGISLATION AFFIRMING THE AUTHORITY OF THE BOARD OVER THE ACTIVITIES OF THE DALLAS FORT WORTH AIRPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State Legislature enacted the Texas Municipal Airports Act in 1947, which has been amended from time to time thereafter; WHEREAS, on September 27, 1965, the Cities of Dallas and Fort Worth established the Dallas/Fort Worth Airport Board under the Texas Municipal Airports Act to plan, establish, operate, and im- prove Dallas/Fort Worth International Airport; and WHEREAS, the Cities of Dallas and Fort Worth in a 1968 Agree- ment authorized the Airport Board to proceed with the development of the Airport to be jointly owned by the Cities of Dallas and Fort Worth and operated by the Airport Board; and WHEREAS, Dallas/Fort Worth International Airport was opened for airline service in January, 1974, located between the Cities of Dallas and Fort Worth, primarily within four cities and two counties; and WHEREAS, Dallas/Fort Worth International Airport has grown to be the second busiest airport in the world today and is projected to be the world's busiest by the year 2000; and WHEREAS, Dallas/Fort Worth International Airport must expand to meet the growing air traffic needs of the North Texas region, the State of Texas, and the entire national air transportation system; and WHEREAS, after twenty years of growth and development at DFW International Airport, the Airport Board's authority to control its own land use and development as permitted under the Texas Municipal Airports Act is being challenged; and WHEREAS, the Dallas/Fort Worth International Airport Board maintains that it must have the authority to operate, develop, and expand the Airport to ensure the safety of the traveling public, to maintain its competitiveness in the market, to meet the projected needs of the traveling air public, to protect 31,000 jobs and a $30 billion stimulus to the Texas economy over a twenty year period, to increase the capacity of the national air transportation system by 15%, to reduce delay costs which impact the airlines and the traveling public, and to prevent developmental gridlock by being subject to the control of numerous independent non-proprietor cities; and WHEREAS, Dallas/Fort Worth International Airport Board desires through a legislative initiative to reaffirm its authority provided to the Airport Board under the Texas Municipal Airport Act to con- trol operations, development, and land use at Dallas/ Fort Worth International Airport; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton sup- ports the Dallas/Fort Worth International Airport Board's legisla- tive initiative to reaffirm its authority under the Texas Municipal Airports Act to operate, develop, zone, and regulate land use at Dallas/Fort Worth International Airport. SECTION II. That such legislation reaffirm Dallas/Fort Worth International Airport Board's power, in addition to all other pow- ers contained in the Act, to plan, acquire, establish, and develop, construct, enlarge, improve, maintain, equip, operate, regulate, zone, protect and police Dallas/Fort Worth International Airport and its associated air navigation facilities and airport hazard areas. SECTION III. That such legislation reaffirm the right already expressly given to the Airport Board to acquire property, if so authorized by the City Councils of Dallas and Fort Worth, through eminent domain proceedings including those public roads and streets reasonably necessary for the operation and development of the Airport. SECTION V. This resolution shall.t~ke effect immediately. PASSED AND APPROVED this the /~' day of ~~~, 1992. BOB CASTLE ATTEST: JENNIFER WALTERS, CITY SECRETARY PAGE 2 e:\wpdocs\hb791ems.r A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING THE FUNDING OF HOUSE BILL 791 PROVIDING FOR A STATEWIDE SYSTEM OF POISON CONTROL CENTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in an act relating to Emergency Medical Services, House Bill 791, the 71st Legislature of the State of Texas passed enabling legislation for the coordination and support of a state- wide system of poison and drug information services and the allo- cation of funding to support the creation and stabilization of such a system; and WHEREAS, a Texas State Poison control Coordinating Committee was established by the above-mentioned legislation and has a stated mission to establish and maintain a state-wide poison control net- work for the purpose of reducing incidence, severity and cost of poisoning; provide informational services to health care profes- sionals; and maximize available resources; and WHEREAS, the North Texas Poison Center was established through a public/private partnership following a Council of Governments study defining poison control as the missing part of a regional Emergency Medical Service system; and WHEREAS, the North Texas Poison Center has been receiving an increased volume cf calls following the implementation of 9-1-1 state-wide and the increased awareness of all Emergency Medical Service providers of the importance of poison control centers offering 800 service; and WHEREAS, the increased call volume has placed a staffing burden on the two regional centers in the state offering 800 service, creating a budgetary crisis endangering the continuation of that service; and WHEREAS, the North Texas Poison Center, which has since 1984 provided immediate life saving information to the citizens of the City of Denton, reducing the need for emergency transports and unnecessary hospital admissions; and WHEREAS, sixty-three percent of the calls involve children under the age of six and it is our duty to protect our youngest population; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton join the North Texas Poison Center and the Texas State Poison Control Coordinating Committee in encouraging the State Legislature to fund the provisions of House Bill 791, the enabling legislation for state support of a six center system of poison control, providing further economies for the citizens of Texas by reducing the neces- sity for higher cost emergency response and by providing equalized funding across counties served, by population. SECTION II. That this resolution shall become effective immediately after its passage and approval. PAs~ED AND APPROVED ~s ~ /~a~ o~ ~ .~. m~, ~. ATTEST: JENNIFER WALTERS, CITY SECRETARY ) ~ ROV AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 ALL003C0 RESOLUTION NO..~j~[')SO A RESOLUTION ADOPTING A POLICY REGARDING HARASSMENT PREVENTION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Director of the Human Resources for the City of Denton has presented a proposed policy regarding employee harass- ment prevention for the Council's consideration; and WHEREAS, the City Council desires to adopt such policy as an official policy regarding employment with the City; NOW, THEREFORE, 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: 108.10 Harassment Prevention SECTION II. The previous policy relating to harassment (Ref- erence No. 108.10), adopted by Resolution of this Council on December 1, 1987 is hereby rescinded. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this resolution or policy, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. 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. PASSED AND APPROVED this the/Y4~day of BOB CASTLEBE ATTEST: JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON PAGE i Or 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: REFERENCE NUMBER: PERSONNEL/EMPLOYEE RELATIONS 108.10 SUBJECT: EFFECTIVE DATE: STANDARDS OF CONDUCT 12/15/92 TITLE: REPLACES: HARASSMENT PREVENTION 12/01/87 POLICY STATEMENT: It is the policy of the City of Denton to prohibit any form of sexual, racial, uthnic, disability, age, and religious harassment of municipal employees or applicants. The City of Denton recognizes that sexual, racial, ethnic and religious harassment is a violation of federal and state laws. The City maintains a strict policy that harassment, whether sexual, racial, ethnic, or religious in nature, or directed toward one's age or disability status, in the work place, is not acceptable and will not be tolerated. All employees, including managers, supervisors, and representatives of the City are expected to refrain from exhibiting any unwelcome behavior or displaying conduct toward any other employee which could be interpreted as harassment. DEFINITIONS: The definitions listed below are in accordance with the guidelines adopted by the Equal Employment Opportunity Commission. I. Sexual Harassment - Unwelcome sexual advances, requests for sexual favors, and other verbal (slurs, jokes) or physical conduct of a sexual nature constitute sexual harassment when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or c. Such conduct has the purpose or effect of interfering with an individual's performance or creating an intimidating, hostile, or offensive working environment. Examples include: 1. Unwelcome sex-oriented verbal "kidding;" 2. Unwelcome teasing or jokes; 3. Subtle pressure for sexual activity; 4. Physical contact such as patting, pinching or constant brushing against another's body; or 5. Demands for sexual favors. II. Ethnic/Racial Harassment - Ethnic or racial slurs or jokes, and other verbal or physical conduct relating to an individual's national origin or race constitute harassment when this conduct: a. Has the purpose or effect of creating an intimidating, hostile, or offensive working environment; or b. Has the purpose or effect of interfering with an individual's work performance. ~;~ PAGE_ 2 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) T~LE: REFERENCENUMBER: HARASSMENT PREVENTION 108.10 III. Religious Harassment - Religious slurs or jokes, and other verbal or physical conduct relating to an individual's religious beliefs constitute harassment when the conduct: a. Has the purpose or effect of creating an intimidating, hostile, or offensive working environment; or b. Has the purpose or effect of interfering with an individual's work performance. IV. Disability Harassment - Slurs or jokes, or physical conduct directed towards an individual's disability status may constitute harassment when the conduct: a. has the purpose or effect of creating an intimidating, hostile, or offensive working environment; or b. has the purpose or effect of interfering with an individual's work performance. NOTE: Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual, as such term is defined in the Americans with Disabilities Act, 42 USC 12102; a record of such an impairment; or being regarded as having such an impairment. This would include, but not be limited to, an individual with a loss of limb, visual impairment, mobile impairment (wheelchair bound, artificial limb, etc.), sight impairment (blindness), hearing impairment (deafness), medical conditions such as heart disease, epilepsy, muscular dystrophy, cancer, mental illness, alcoholism, HIV disease, and other physical and mental medical conditions which are protected by Federal law. V. Age Harassment - Slurs or jokes, and other verbal, non-verbal, conduct directly toward an individual's age status, may constitute harassment when the conduct: a. has the purpose of effect of creating an intimidating, hostile, or offensive working environment; or b. has the purpose or effect of interfering with an individual's work performance. An individual's intentions and motives are not the decisive factors in considering alleged harassment behavior. The effect of one employee's behavior upon another employee is the decisive factor. If an individual's behavior is considered to be offensive by another individual or if it has an intimidating effect upon another individual, sexual, racial, ethnic, or religious harassment or harassment towards one's age or disability may be present. ADMINISTRATIVE PROCEDURES: I. Each supervisor is responsible for maintaining his or her work place free of sexual, racial, ethnic, and religious harassment or harassment directed toward one's disability or age status. This duty includes discussing and enforcing this policy and procedure with all employees and assuring them that they are not required to endure insulting, degrading, or exploitative treatment. PAGE 3 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) T~LE: REFERENCENUMBER: II HARASSMENT PREVENTION 108.10 II. Individuals who experience harassment shall make it clear that such behavior is offensive to them. Any employee who feels that he or she has been the victim of sexual, racial, ethnic, or religious harassment or harassment relating to his or her disability or age should immediately report the facts of the incident or incidents and the names of the individuals involved to his or her supervisor and the Director of Human Resources or designee. Should the immediate supervisor be the offending party, the employee must report the alleged act to the next level of management and the Director of the Human Resources Department or designee. In situations where the employee is not comfortable reporting the allegation to his/her immediate supervisor or the next level of management, he/she has the option to report only to the Director of Human Resources or designee. The Director of Human Resources and the manager/supervisor are mutually responsible for notifying each other when an allegation is reported. III. All allegations of harassment observed by or reported to a supervisor must be investigated immediately by the Human Resources Director or designee. All findings, decisions, and recommendations will be made on an individual basis considering the record as a whole on the totality of the circumstances, such as the nature of the behavior and the context in which the alleged incidents occurred. If harassment is found to exist, appropriate management and supervisory personnel shall take prompt corrective action. Anytime that sexual harassment becomes an issue of an alleged act of sexual assault, the investigation must be coordinated with the City of Denton Police Department. IV. Appropriate disciplinary action will be taken when the findings warrant such action. Such disciplinary action should be determined by the nature of the wrongful act or acts and may result in immediate dismissal. V. Disclosure of any investigation conducted under this policy shall be made only to those city employees and others with a right to know. VI. The City's Problem Solving Policy #115.02 encourages employees to report any alleged infraction without fear of retaliation. The City of Denton supports the State of Texas Retaliation Act, Policy #108.06, which protects a public employee who reports an alleged violation of the law. AAA0~AD9 12/0='92