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HomeMy WebLinkAboutResolutions R94-001 to R94-074e \,pdoc~\r~\cabLrate r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING SUBMISSION FOR CERTIFICATION TO REGULATE CERTAIN CABLE RATES ND SERVICES; AUTHORIZING THE CITY MANAGER TO SIGN DOCUMENTS NECESSARY TO OBTAIN CERTIFICATION, AND TO DETERMINE AND IMPLEMENT SUCH R~TES AND REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the enactment of the Cable Television Consumer Protection and Competition Act of 1992, the F.C.C. has drafte~ regulations which provide that local franchise authorities must al~ply for certification to regulate certain rates governing basic ~able and may file complaints regarding cable programming services; and WHEREAS, the City of Denton desires to safeguard its citizens throug~ involvement in the rate regulation process; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City staff is authorized to prepare and submltlthe appropriate F.C.C. Forms, to request certification by the Ci=y of Denton to regulate basic cable service rates and requesl~ review by the F.C.C. of cable programming services, if necess~.ry, excluding pay-per-channel or pay-per-program video prograx~ing. SE(.'TIONII. That the city Manager is authorized to sign such forms .nd documents as are necessary to implement th~s resolution. ~E(~TION III. That the City staff is hereby authorized to draft guidel~ xes to determine a fair hearing process, and rules for determ~.ning and implementing cablevislon rates within the benchmark rates ~et by the F.C.C. ~. That this resolution shall be effective immediate- ly upo~ its passage and approval. PA~SED AND APPROVED this the ay of~~ ~ , JENNIFER WALTERS, CITY SECRETARY / APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 E \~C'D~C$\RE$~'~I4BULANC SER 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: ~ 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 immed- iately upon its passage and approval. ~ PASSED AND APPROVED this the ~' day of , 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. ~f,~Y_~ ~ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY g updoc$\htckck k AGRBBMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON P, ND TNB CITY OF HICKORY CREEE The City of Denton currently provides emergency medical ser- vices 20 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. his Agrsement is made on the - ? day of , 199_~_, between the City of Denton, Texas (Denton) ~and The City of H~ckory Creek (Hickory Creek). The parties agree as follows: 1. Definitions. Emeraencv 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 Hiokory 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. Disorstion in Providing E.M.E. 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 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. Bsrvioe 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 multliplying the population in Hickory Creek by Three Dollars and Fifty Cents (population x $3.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Reaional 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 Hickory Creek during any period of time Hickory Creek is delinquent in the payment of any undisputed service fee. $. iP&tiemt 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. Gever~mentel Immuni~ 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. ?. Term. The term of this Agreement shall be in one year increments' beginning on October 1, 1993 and continuing to September 30 of the following year and thereafter from year to year untxl terminated in accordance with thls Agreement. S. Term~natien~ 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- nation4 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 fall to correct the de- fault within thirty days of the date notice of default ls 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. Ail notices sent under this Agreement shall be mailed~ postage prepaid, to the respective addresses, as follows= To Denton= To Hxckory 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 X0. Agreement Not for Benefit ef 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.' Aseig-ment. Neither party shall assign this Agreement except lupon the prior written consent of the other. ~x~c~D on th. ~/ day of ~, ~9, 3 . CITY OF DENTON, TEXAS ATTEST: ~ JENNIFER WALTERS, CITY SECRETARY DEBRA A. DEAYOVITCH, CITY A. TTORNRY CITY OF I-IICEORY CREI~.K ATTEST: Page 3 · \~pdocs\res\andersn r RESOLUTIO HO. £qh oa A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RELEASE RELATIVE TO THE ESTATE OF RUTH I. ANDERSON; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the Mayor is authorized to execute a release relative to the Estate of Ruth I. Anderson, which is attached hereto and made a part hereof. ~. That this resolution shall become effective immediately upon its passage and a~p~al. PASSED AND APPROVED this the // day of~, 1994. BO~ CASTLEBERRY, MAYOR/ ! ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY NO PR-93-451 In re Estate of § IN THE COUNTY COURT § AT LAW NO 3 Ruth I Anderson § § DENTON COUNTY, TEXAS Deceased § PROBATE DIVISION WAIVER, RELEASE AND AUTHORIZATION The City of Denton is a residuary dewsee of the estate of Ruth I Anderson, deceased, under a vall filed for probate m the County Court at Law No 3 of Denton County, Texas, m Cause No PR-93-451 Included m th~s estate was a Baldwin organ that Ms Anderson attempted to give to Gethsemane Presbyterian Church prior to her death Legal questions have arisen regarding the effectiveness of this g~ft The City of Denton, m order to avmd any legal dispute over the effectiveness of the g~ft had to honor Ms Anderson's stated desire, hereby wmves any ~nterest ~t might have m the organ The C~ty of Denton further releases Fmrchfid H Carter, named as executor m the vail, and the estate of Ruth I Anderson, from any habfl~ty arising from or resulting from the d~sposlt~on of the organ Notvathstandmg the foregoing, th~s wmver, release and authorization shall be effective only if all residuary devisees execute a similar document Dated ~ ~q . 1994 CITY OF DENTON Authorized Officer Next DoC ument j \wp~ocs\reso~nounts~ r RESO'.,,ION NO. A RESOLUTION TEMPORARILY CLOSING MOUNTS STREET BETWEEN ANDERSON STREET AND CONGRESS STREET ON SATURDAY, MARCH 19, 1994; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Don Gresham representing the Boy Scouts of Amerlca-- Krum Pack 136, is requesting that Mounts Street, between Anderson Street and Congress Street, public streets within the corporate limits of the City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 9:00 a.m. and 1:00 p.m. on Saturday, March 19, 1994, for the purpose of having a Cub Scout Soap Box Derby Race; and WHEREAS, Don Gresham representing the Boy Scouts of America-- Krum Pack 136, 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 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 Mounts Street between Anderson Street and Congress Street from the hours of 9:00 a.m. until 1:00 p.m. on Saturday, March 19, 1994; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That Mounts Street, between Anderson Street and Congress Street, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 9:00 a.m. to 1:00 p.m. on Saturday, March 19, 1994. ~ That the City Manager shall direct the appropriate City Department to erect barricades on Mounts Street at Anderson Street and its intersection with Congress Street, at 9:00 a.m. and to have the same removed at 1:00 p.m. on said date. ~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ day of ~ 1994. / ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR'6VED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 J \~PDOCS\RE$O\JU~GCOOP R A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING TANYA A. COOPER AS AN ASSISTANT CITY JUDGE; ESTABLISHING A FEE FOR PAYMENT FOR HER SERVICES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the city Council to appoint Assistant City Judges to handle the Judicial functions of the Municipal Court in the absence of the City Judge; and WHEREAS, the City Council deems it necessary to fill a vacancy by appointing a second Assistant City Judge to handle the judicial functions of the Municipal Court; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: $~CTION I. That Tanya A. Cooper is hereby appointed as an Assistant City Judge of the Municipal Court of the City of Denton, Texas pursuant to Section 6.03 of the Charter of the City of Denton, Texas. ~ That she shall receive the sum of Twenty-Five and No/100 Dollars ($25.00) per hour for her services. ~z~ This Resolution shall become effective on the 4th day of March, 1994. , 1994. PASSED AND APPROVED this the ay of ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO ~GAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Docament J~\wpdoce\reeo\coug&r.res A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, APRIL 29, 1994; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Albert Thomas, representing the Denton Independent School District (DISD), is requesting that Congress Street between Alice Street and 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 11:30 a.m. to 3:30 p.m. on Friday, April 29, 1994, for the purpose of having the annual Cougar Day event; and WHEREAS, the DISD is the only property owner affected by this temporary closing of this road; and WHEREAS, the annual Cougar Day 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 event and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Congress Street between Alice Street and Denton Street from the hours of 11:30 a.m. until 3:30 p.m. on Friday, April 29, 1994; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Congress Street, between Alice Street and Denton Street, a public street within the corporate limits of the city of Denton, Texas, be temporarily closed to vehicular trafflc from the hours of 11:30 a.m. to 3:30 p.m. on Friday, April 29, 1994, for the purpose of having the annual Cougar Day event. SECTION II. That the city Manager shall direct the appropriate City Department to erect barricades on Congress Street from its intersection with Alice Street and 1ts intersection with Denton Street on Friday, April 29, 1994 at 11:30 a.m. and to have the same removed at 3:30 p.m. on said date. SECTION III. That this resolution shall become effective immediately upon its passage and approval. BiB CASTLEBERRY, MAY~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. · DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 A RESOLUTION TEMPORARILY CLOSING FRY STREET BETWEEN OAK STREET AND HICKORY STREET ON SATURDAY, APRIL 16, 1994; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, Paul Card, representing the Delta Lodge, is request- ing that Fry Street between Oak Street and Hickory 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 10:00 a.m. to 10:00 p.m. on Saturday, April 16, 1994, for the purpose of having the Fry Street Fair; and WHEREAS, Paul Card, representing the Delta Lodge, has assured the city that the tenants and property owners in this area have agreed to the temporary closing of this road; and WHEREAS, the Fry Street Fair is open to the general public of the city and County of Denton; and WHEREAS, in order to provide adequate space for the said event and in order to protect the safety of citizens who attend, the C~ty Council of the City of Denton deems ~t is necessary to temporarily close a portion of Fry Street between Oak Street and Hickory Street from the hours of 10:00 a.m. until 10:00 p.m. on Saturday, April 16, 1994; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~LT~. That Fry Street, between Oak Street and Hickory Street, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 10:00 a.m. to 10:00 p.m. on Saturday, April 16, 1994, for the purpose of having the Fry Street Fair provided, however, that the following conditions are met by the Delta Lodge: 1. The Lodge will provide someone to help keep the Grace Temple Baptist Church parking lot clear of non-church members, and the parking lot of Federal Emergency Management Agency clear of traffic and persons. 2. That the Lodge will clean up the street and the parking lot area after the Fry Street Fair. ~. That the city Manager shall direct the appropri- ate city Department to erect barricades on Fry Street from its ~ntersection with Oak Street and its intersection w~th H~ckory Street on Saturday, April 16, 1994 at 10:00 a.m. and to have the same removed at 10:00 p.m. on said date. SECTION III. That in the event of rain, said street may be closed on Saturday, April 30, 1994, for the same times listed in Section I hereof. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ day of ~~i~, 1994. ATTEST: BOB CASTLEB~~ JENNIFER WALTERS, CITY SECRETARY AP ED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 ~ \POSTPON RE~ RE OLUT O ,2f'¢ 0 oF A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF MARCH 15, 1994 TO MARCH 22, 1994; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the regular Council meeting of the City of Denton scheduled for March 15, 1994 is hereby postponed to March 22, 1994; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the regular Council meeting to be held on March 15, 1994 be postponed until March 22, 1994. S_~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the // day of ~, 1994. ATTEST~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FOP~4~ DEB~A A. DRAYOVITCH, CITY ATTORNEY E \~POO~S\RE$\RET]RE R A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, John McGrane has resigned his position as a member of the Board of Directors of the Denton Retirement and Nursing Center Finance Authority, effective January 31, 1994; and WHEREAS, the City Council wishes to appoint his successor; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That Kathy DuBose is hereby appointed to the Board of Directors of the Denton Retirement and Nursing Center Finance Authority. ~CTION II. That the term of office for said member shall be the remainder of John McGrane's term of office, which shall expire on November 2, 1999. ~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~/~'-day of~'~~_, 1994. ATTEST: BOB CASTLE~BE~~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY E \~)DOC$\RE$\~DA R A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR AN EFFECTIUE DATE. WHEREAS, the City of Denton, Texas has approved the creation of the City of Denton Industrial Development Authority (IDA) pursuant to the provisions of the Development Corporation Act of 1979; and WHEREAS, John McGrane, one of the three members of the Board of Directors of the Industrial Development Authority (IDA) has resigned his position as a Director as of January 31, 1994; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That Kathy DuBose, Acting Executive Director of Finance, 215 E. McKinney, Denton, Texas 76201 is hereby appointed to the Board of Directors of the City of Denton Industrial Development Authority. This Director shall serve the remainder of the term of office of John McGrane, which shall expire on March 1, 1995. ~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~day of~~--~__, 1994. JENNIFER WALTERS, CITY SECRETARY DESRA A. DRAYOVITCH, CITY ATTORNEY E~\WPDOCS\RES\LIBRARY A RESOLUTION REGARDING THE SUPPORT OF THE DENTON PUBLIC LIBRARY'S POSITION ON COUNTY FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton taxpayers have consistently sub- sidized Denton County taxpayers in providing outstanding library services to Denton County residents; and WHEREAS, the Denton Public Library provides comprehensive ser- vices and programs well beyond most other libraries in Denton County; and WHEREAS, the Denton Public Library has over 134,000 items, is open sixty hours a week, and is used by over 62,000 cardholders in twelve (12) cities, allowing for tremendous educational oppor- tunities, including literacy; and WHEREAS, 23% of registered cardholders of the Denton Public Library reside outside the city, yet Denton County funds only 9.9% of the operation budget; and WHEREAS, there is a significant disparity in per capita county funding among municipal libraries in the County of Denton; and WHEREAS, several smaller libraries provide very limited ser- vices, but their budgets are subsidized up to 90% by Denton County; and WHEREAS, the County Budget Advisory Committee charged the Denton County Library Board to develop a creative solution and formula focused on taxpayer equity; and WHEREAS, the Denton County Library Board fell short of the County Budget Advisory Committee's charge to develop a new funding formula that integrates criteria such as library hours, number of professional librarians, total number of materials circulated, staff size, amount of local city operation budget, support for each library, and percentage of out-of-city usage at each city library and number of city cardholders; and WHEREAS, the City of Denton taxpayers, who already pay a tax of $0.7479 per hundred dollar valuation, not only subsidize the disproportionate share of the library budget but also must sub- sidlze other county libraries; and WHEREAS, the City of Denton is constructing a 10,000 square feet branch library, and installing a $450,000 integrated automated l~brary system; and ~EREAS, the City and Denton County have had a long term relationship for over 25 years; NOW, THEREFORE, THE CO~CIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton supports the Denton Public Library's position on Denton County funding and urges the Denton County Citizens Budget Advisory Conittee to implement an equitable funding fo~ula for Denton County libraries based on the level of services provided and the number of Denton County cardholders. SECTION II. That this resolution shall become effective lnediately upon its passage and approval. PASSED ~D APPROVED thi. th. /Z~ day of ~ , 1994 · AP D AS TO LEGAL FO~: DEB~ A. D~YOVITCH, CITY ATTO~EY PAGE 2 Jz\wpdoce\reso\drivepol.res RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEX~S ADOPTING A COMPREHENSIVE DRIVING AND CITY VEHICLE USE POLICY; AND PROVIDING FOR ANEFFECTIVE DATE. WHEREAS, for a number of years, the City of Denton, Texas has maintained separate policies regarding driving safety and licen- sure, use of City vehicles, and use of personal vehicles; and WHEREAS, each of these policies was in need of review and substantive modification; and WHEREAS, upon review and revision, it was determined that aggregating these individual policies into one comprehensive policy would be more efficient and would facilitate compliance; and WHEREAS, the city of Denton desires to take more active measures in reviewing vehicle accidents and preventing future vehicle accidents, to protect its citizens and employees from loss and injury; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the attached Comprehensive Driving and city Vehicle Use Policy shall be adopted as an official policy of the city of Denton, Texas. SECTION II. That superseded City policies currently designa- ted by the numbers 102.06, 108.04, and 408.02 are withdrawn. ~ That this resolution shall become effective immediately upon its passage and approval. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY / PAGE 2 CITY OF DENTON PAGE_I...OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION REFERENCE NUMBER Finance/Risk Management 409 05 SUBJECT EFFECTIVE DATE Vehicle Safety Operet~on and Use TITLE REPLACES COMPREHENSIVE DRIVING AND CITY VEHICLE USE POLICY 102 06 108 O4 408 02 Pohcy Statement C~ty Vehicles shall be used only for City bus,ness except as otherwise prowded ~n the admimstrat~ve procedures promulgated by the City of Denton, and the Individual Assigned Vehicle Plan, General Order No 89 12 of the Police Department, or as spec~flsd by the City Council. R~sk of loss from vehicle accidents involwng all City employees w~ll be m~mm~zed through driver record scresmng, hands-on tra~mng and education, defensive dr~wng tra~mng and stsndard~zed vsh~¢le accident rswew procedures. Th~s policy applies to all employees, regular full-t~ms, regular part-time, temporary, and seasonal Pohce Off,cars and Rte Rghtsrs ere subject to the applicable provisions of Texas Local Government Code Chapter 143, the Rules of the City of Denton Fire Fighters and Pohce Officers Civil Service Commission, and the general and special orders of the Police and Fire Departments, which may incorporate some or all of the provisions of this pohcy Admimstrat~ve Procedures: Contents 1 0 Deflmt~ons 2 0 Driver License Requirements 3 0 Dr~ver Safety and Tra,nmg 4 0 Use of C~ty Vehicles 5 0 Use of F~ersonal Vshlcles 6 0 Vehicle and Motor Driven Equipment Accident Procedures 7 0 Vehicle Accident Rewew Procedures 1 0 DEFINITIONS 1 1 ~.uthor~zed Personnel shall mean those persons authorized to use a C~ty vehicle ~n accordance with these procedures 1 2 I~ttv Business shall mean any authorized work or activity performed by a C~ty employee or other person on behalf of ths City 1 3 C~tv Vehicle shall mean any motor vehicle or motor driven equipment owned or leased by the C~ty 1 4 .~ shall mean those employees subject to being summoned to perform C~ty work or duties beyondlthe~r normal work hours PAGE_Z.OF 10 POMCY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFERENCE NO COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409 05 2 0 DRIVER'S LICENSES AND DRIVING RECORDS 2 I The City of Denton requires that all employees dnwng or operating a City vehicle have the appropriate operator's or commercial driver's license as required by the State of Texas Employees who use their personal vehicles while conducting City business shell maintain current hablhty insurance and driver's license in accordance with Texas law. 2 2 The Risk Management Office will conduct a driver's license check through the Texas Department of Public Safety every six months for all City of Denton employees After a thorough review, the dnvers' records of employees, whose three-year driving history ind~cate loss of hcense, DWI, DUI, multiple moving wolat~on$ or vehicle accidents will be forwarded to the applicable superintendent and the Director of Human Resources for thelr review and appropriate action Employees so identified w~ll be suspended from dr~wng City vehicles during the rewew process 2 3 Ind~wduals who apply for poslt~ons or transfer to pos~t~ons requiring a vahd operator's or commercial hcense, and who do not already possess the requisite hcensure, must pass the whiten portion of the examination for the specific hcense reqmred prior to the imt~al interview The apphcant selected for employment must then pass the driving portion of the examination within five (5) working days and may not beg~n work until the applicable license ~s obtained A driver's record check will be made pnor to assignment to the new position. 2 4 Failure to maintain the required driver's hcense to operate C~ty vehicles will be suff~ment grounds for reclassification to a non-dnving position, dlSclpllllary action or termination 2 5 Employees shall 8elf-d~eclose, w~thout the necessity of an inquiry, any loss or hmltat~on in driver hcense status, and any and all arrests, charges, or convictions for Dnwng Wh~le Intoxicated, Driving Under the Influence of Drugs, Involuntary (vehicular} Manslaughter, or Reckless Dnwng, whether such ~ncldents arose out of work-related driving or not. Employees shall make such self-d~sclosure to the Risk Manager, or h~s or her designate, at the earliest opportunity, and shall not operate any vehicle on C~ty bus,ness until cleared to do so by the Risk Manager, or h~s or her designate Employees who fa~l to make such required self-d~sclosure at the earhest opportunity, or who operate a vehicle on City bus,ness pnor to making such required self-disclosure, shall be subject to dlsc~phnary action, ~ncludlng termination For the purposes of th~s section, "earhest opportunity" means pnor to 10 00 a m, local time, on the first bus,ness day following the precipitating ~nc~dent 3 0 DRIVER - SAFETY AND TRAINING 3 1 Department d~rectors shall confirm that an employee or applicant has demonstrated the ab~l,ty to operate vehicles and special equipment in a safe and competent manner by requiring the employee to operate the eqmpment to the satisfaction of his or her superwsor Tra~mng will be conducted for those ind~wduals who can not satisfactorily operate such equipment Under no circumstances shall an unsupervised employee be allowed to operate a vehicle or piece of equipment for which he or she ~e untrained or unquahfled 3 2 Employees who are required to operate vehicles as part of their job descnptlons or normal duties shall attend a Defensive Dnwng Course (DDC) ss soon as possible after employment and each three (3) years thereafter. Employees may arrange to attend a DDC class conducted for employees by the C~ty by contacting the Risk Management Off,ce Each department w~ll maintain driver records and budget for PAGE _~_OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE {Continued) ITM IREFERENCE NO COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409 05 completion of DDC courses 3 3 All C~ty drivers shall wear safety belts when any vehicle is in motion and require all occupants (includ~ng back seat passengers) of the vehicle to do likewise, This apphee to motor vehicles, other than motorcycles, as those terms are defined by Tax Rev Civ Stat Ann, art 6701d §2, or its successor 4 0 USE OF CITY VEHICLES, All employees who operate City vehicles and motor-driven equipment must adhere to the minimum requirements and standards outlined in this section 4 I Rules and Regulations for use of City Vehicles 4 1 I No employee shall use a City vehicle for commuting to or from his or her residence during off- duty work hours unless authorized to do so in accordance w~th these procedures and regulations 4 1 2 Every employee who ~e responsible for a City vehicle shall properly secure, lock, and remove the ignition keys from the vehicle at any t~me during which the vehicle ~s parked and unattended 4 1 3 No employee shall use a City vehicle to transport any person, except for the purpose of performing City business 4 1 4 Every employee dnving a C~ty vehicle shall use best efforts to park the vehicle off-street, except when otherwise necessary to perform C~ty business 4 I 5 Every employee who drives or is otherwise responsible for a City vehicle shall use all reasonable care in the operation and use of the vehicle and shall promptly report to the appropriate person or department any needed servicing, repairs or maintenance 4 1 6 Each employee operating a City vehicle shall comply w~th all apphcable traffic laws 4 1 7 An employee shall not transport alcohohc beverages or any other intoxicant w~th~n or upon a City vehicle at any time 4 1 8 Employees are not authorized to conduct personal business in C~ty vehicles dunng work hours except as spemflcally authorized by th~s pohcy "Personal bus,ness" ~ncludes running personal errands and shopping 4 1 9 During scheduled work shifts, an employee operating a C~ty vehicle is authorized to stop for reasonable, limited time periods for meals, to obtain refreshments or to make bank transactions on payday D~acretlon will be used by employees when more than three other C~ty vehicles are already present at the establishment 4 1 10 Emplovesa operating City vehicles are not authorized to transport family members or friends for non-City business Supervisors may grant specific and I~m~ted exceptions to this rule when the employee demonstrates good cause and an urgent need Supervisors may only grant such exceptions on a case by case basis, and may not grant blanket exceptions on a continuing bas~s 4 1 11 Superwsors may authorize employees to operate C~ty vehicles to transport s~ck or injured PAGE _4_OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I TITLE I REFERENCE NOI COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409 05 Individuals to medical cara facilities in specific emergency a~tuations Each supervisor Is strongly encouraged, if time perm~ta, to d~scuss any such authorizations with his immediate supervisor end an authorized representative of the Department of Human Resources Authonzat~on for "Take Home Vehicles" 4 2 1 An employee may be authorized to take a City vehicle to his or her residence during off-duty hours when an 'Authorization for Take-Home Vehicle" Form {Attachment 1-409 05} has been completed, signed by the employee and approved by the designated superwsor The Diwslon Manager or Director shall maintain a file of all approved requests and forward a copy to the Vehicle Mmntenance Diwaion, which shall also mmntaln a file of approved requests 4 2 2 The authorization for a take-home vehicle may be approved when the employee is an "on-call' employee who has a job-ralatad need for the vehicle after normal working hours and the employee resides in the corporate hmlta of the City of Denton, or, if the employee does not reside in the City, the authorization has been approved by the C~ty Manager 4 2 3 Employees authorized to take vehicles home are authorized to make reasonable, brmf and hm~tad stops before or after assigned work sh~fts whde travelling to and from work to conduct personal errands, such as obtaining a limited number of grocery items {a loaf of bread, gallon of milk, etc.), plcldng-up cleaning, making bank transactions, and the hke Under no circumstances may an employee conduct such personal errands other than whde travelhng to and from work, nor may the employee deviate unreasonably from the most d~ract route between his or her home and job assignment 4 2 4 The approval for a "take-home" vehicle shall be made for the purpose of assunng the performance of City business, and such authorization or use shall not constltuta or be conslderad a vested employment benefit or right of the employee Such authorization or use may be denied, revoked or suspended at any time for any reason or for no reason Use of C~ty Vehicles by Volunteer Personnel 4 3 1 Volunteers are authorized to dnve City vehicles provided the · Use is authorized by the involved D~ractor or above · Use enhances the ability of the C~ty to provide serwces · Selected driver has successfully demonstrated the abd~ty to d.ve the provided vehicle, and · Selected dnver has a current Texas drivers hcense appropriate for the vehicle to be used 4 3 2 Volunteer drivers are not cons~derad to be City employees, and thus are not covered by the Texas Worker's Compensation Law Volunteers who wish to file a claim for ~njurma or damages associated with their volunteer work must contact the Off.ce of the C~ty Attorney 4 3 3 Department Directors who use volunteer drivers shall ensure that appropnata waiver forms are signed by all passengers prior to trip departure 4 3 4 Department Directors shall ensure that Volunteer drivers are scheduled to attend a Defensive Driving Course aa soon as possible if they are to drive City vehicles on a regular basis PAGE _~_OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I T,TLE I REFERENCE NOI COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409 05 4 4 Federal Taxation on the Personal Use of City Vehicles 4 4 1 In accordance with Internal Revenue Service (IRS) Rules, employees are to be taxed on the value of their personal use of employer-prowded vehicles, unless they fall into an exempted category The exempted categories are es follows · Clearly marked police and fire vehicles, · Dehvary trucks with seating only for the dnver, or only for the dnver plus a folding jump SOBT~, · Flat bed trucks, · Cargo carrier with over a 14,000 pound capamty, · School and passenger buses with over a twenty (20) person capacity, · Ambulances, · Hearses; · Bucket trucks, · Cranes and derncks, · Forklifts. · Cement mixers, · Dump trucks; · Garbage trucks, · Spsciahzed utlhty repmr trucks (except vans and p~ckup trucks) · Tractors, and · Employees who are required by their superwsors to take c~ty vehicles home to be available for possible emergencies 4 4 2 Supervisors who have employees that take home vehicles that are not in one of the exempt categories shall contact the Finance Department at extension 8107 by December 31at of each year to provide the name(s) of such employees(s) 5 0 USE OF PERSONAL VEHICLES 5 1 C~ty employees are expected to carry habdity ~nsurance on any personal vehicle used to transact City business Employees will contact his or her ~nsurance carrier to determine the nscesmty for a "Bus,ness Use" rider to their policy The City w~ll not assume respons~bdlty for any deductible amounts necessitated by claims, and the employee shall bear the respons~bd~ty of pursuing claims against e~thcr his or her carrier or the other driver in the event of a coll~slon or other loss If the City employee does not receive full compensation (e g an umnsured dnver), a claim for the unpmd expense may be flied in the office of the City Attorney All such clmms must be accompamed by full documentation of payments and expenses 5 2 Reimbursement for occasmnal Use. The C~ty of Denton will pay employees for using thmr personal vehicles on C~ty business at the IRS mileage rate, as such may be amended from t~me to t~me 5 3 Meter Readers. The City w~ll pay meter readers using personal vehicles the IRS mdeage rate plus a set fee per month for maintenance and insurance Meter readers shall maintain current habSlty insurance throughout their term of employment Failure to mmntmn current reg~stretlon, vehicle ~napectlons, liability insurance, and an appropriate driver's hcense may result ~n d~sclphnary action up to and including d~amiasal PAGE _~_OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409 05 5 4 Maintenance and Insurance. The City Pave for maintenance and insurance costs through the mileage payments. Consequently, the City will not pay employees for vehicle repair costs If an employee's vehicle fa~ls to operate while he or she ia out of town on C~ty bue~neee, the City w~ll pay reasonable towing costs to the nearest garage The C~ty will not pay tow;ng costs within the C~ty 5 5 ~ Persons who donate their time and eerwce~ to the City are not covered by the Worker's Compensation Law or by the City's Risk Retention Fund and the C~ty assumes no Ilabdlty for the use of their personal vehicle during any volunteer activity 6 0 VEHICLE OR EQUIPMENT ACCIDENT PROCEDURES 6 1 When involved in a vehicle colhsion, each City employee operating a City vehicle or equipment and each City employee operating a personal vehicle ~n the course of transacting C~ty bus.ness is required to do the following 6 1.1 Not~fy his or her auperwaor ~mmed;atsly 6 I 2 Notify local law enforcement authorities if non-employees were involved, of if property not owned by the Ctty is damaged 6 I 3 Remain at the scene of the accident until released by competent authority 6 1.4 Obtain names and addresses of the other party and any witnesses 6 1.5 Talk with no one at the scene concermng the accident except law enforcement officers 6 1 6 Under no c~rcumstsncea, g~ve statements or talk w~th anyone about the accident after leaving the scene w~thout first obtaimng approval from the Off~ce of the City Attorney 6 1 7 Refuse to s~gn or place his or her a~gnature upon any papers or documents related to the accident, except for official pohce reports and ticket citations, without prtor approval from the Office of the City Attorney 6 1 8 Assist the supervisor in the completion of the C~ty of Denton "Notification of Accident" report 6 2 The Supervisor shall 6 2 1 Notify the Pohce Department if the vehicle operator has not already done so 6 2 2 Notify the Office of the City Attorney and the Risk Management off~ce immediately during regular duty hours After duty hours, accidents resulting in death or severe personal injuries shall be reported to the R~ak Manager 6 2 3 If necessary, go to the ecene of the ecc~dent to assist in the ~nvest~gat~on Take pictures of the accident scene aa required PAGE _7._OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I TITLE REFERENCE NO. COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409 05 6 2.4 Not,fy the Human Resources Spec,al,st or the D~rector of Human Resources ~mmed,ately for possible substance abuse test,rig ,n accordance w~th C~ty Pohcy 108 12 6 2 5 Complete and submit the "Not,ficatlon of Accident" report to the R~sk Management off,ce not later than two work,rig days after the acmdent 6 2 B If the employee was ,njured, fill out the appropriate worker's compeneat,on forms 6 3 Police Officers shall 6 3 I Invest,gata all accidents occurring w,th,n its junsd~ctlon ,nvolv,ng a mty vehicle and property not owned by the C,ty 6 3 2 Notify the C~ty dr,ver's euperv,sor ~f the C,ty employee ~s physically unable to do ac If unable to contact a auperv,sor, notify the R~sk Management off,ce as soon as practical 6 3.3 Forward a copy of any reports, ,ncludmg amended reports, ,nvolwng C,ty veh,cies to the Vehicle Maintenance Division, the Off,ce of the C~ty Attorney, and the R~sk Manager 7 0 Veh,cle Accident Review Procedures. The C,ty of Denton w~ll standardize the rev,ow and d,spos~t,on of all veh,cle acc,dents and ,nc,dents involving C,ty vehicles and drivers Departmental vehicle accident rev,ow boards shall be held regularly to determine actions required to comply w~th mty pohcy A C,ty vehicle Accident Rewew Board w~ll be formed to ensure compliance and standardizat~on 7 1 Department Vehicle Accident Rewew Board (DVARB} The following DVARB are requ,red for comphance with this pohcy 7 1.1 Pohce Department 7 1 2 Fire Department 7 1 3 Ut~hty 7 I 4 Community Serv,ces 7 1 5 Mumc,pal Serv,ces/Economic Development and Eng~neenng-Transportat,on a Board w~ll also include Building Inspect,one, A~rport Serv,ces and Warehouse 7 2 C~ty Vehicle Acc,dent Review Board {CVARB) The CVARB shall consist of the following pos,t~ons · Deputy C,ty Manager (Cha,rperson) · Execut,ve D,rector of Ufllit,ea · Executive Director of F,nance · Risk Manager · Fleet Supenntandent · Department Representative (as required) PAGE _~.OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) [ITM IREFERENCE NO COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409 0E 7 2 I The CVARB shall meet periodically (as determ,ned by the R~sk Manager) to rewew Departmental Board reports for' · Standardization of board actions · Trends · Disciplinary actions {as required) · Procedural modifications {as required) 7.2 2 The CVARB shall review and recommend action for any accident not w~th~n the purview of one of the Department Vehicle Accident Rewew Boards 7 3 General Gu~dehnes 7 3 1 Each department shall appoint a chairperson and board members in accordance with this procedure. Every effort will be made to have stab~hty of board members to ensure stsndardizat~on of board action throughout the year The chairperson may be changed on a rotational basis as desired 7 3 2 Each board shall use the accident review format at paragraph 7 4 as a guideline to determine requ,red action for each vehicle accident 7 3,3 Accidents occurring prior to January 1, 1990 w~ll not be used by the DVARB for the purpose of determlmng which level of progressive dlsc,phne ~s appropnats 7 3,4 Department Vehicle Accident Rewew Board results will be forwarded to the R~sk Management Office for analysis and review The Risk Manager w~ll compile and format Information for the C~ty Vehicle Accident Rewew Board 7 3 5 Results and/or action items from the City Vehicle Acmdent Rewew Board will be provided by the Risk Manager to the chairperson of each DVARB 7 3 6 A memorandum, detailing accident background, board results and action required shall be prowdad to the affected dnver following each DVARB meeting 7 3 7 If more than one employee ~s held responsible for an accident, the DVARB shall determine the proper d~smpllnary action for each employee 7 3 8 A copy of recommended disc~phnary actions w~ll be forwarded to the Department of Human Resources 7 3 9 D~acipllnary actions shall be administered in accordance with City policy 109 01 7 3 10 Appeals shall be processed ~n accordance w~th C~ty policy 109 03 PAGE .=q_OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I TITLE [ REFERENCE NO COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409 05 7 4 Accident Review - Driver Evaluation If Accident Occure Then' I While city vehicle is legally perked Acmdent is non-preventable end no further action is required II While the city vehicle is ;n motion Accident is non-preventable and no further but prevention of the accident action ~s required was beyond the control of the driver III While the driver wes operating The supervisor will determine if the industrial eClulpment (Backhoes, employee should appear before the graders, loaders, etc) at a job site DVARB If the employee does not meet or was involved in an internal the Board, a written report, which accident where the total physical describes the accident and any dlsmphnary damage was less then $250 00 action, w~ll be presented to the DVARB for review The DVARB will have final detarm,nat~on for dlspomtlon of the incident IV. And the driver of the city vehicle is Accident is preventable and the following partially to blame or failed to actmn is required exercise preventive measures a 1st Offense Oral Reprimand within hie or her control b 2nd Offense within a two (2) year period 1 Written Reprimand 2 Attend defensive driving (own t~me and expense) c 3rd offense within a three (3) year period Employee will be suspended without pay for a period of one (1) to three (3) days V And the driver of the city vehicle is Accident is preventable and the following chiefly or totally to blame action is required a 1 st Offense written Repnmand b 2nd Offense within a three (3) year penod Employee will be suspended without pay for a period of three (3) to five (5) days PAGE 1QOF lQ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I REFERENCE NO, TITLE' COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409 05 If Accident Occurs. Then VI And the accident Is caused by the Disclpl.nary action will, at the discretion of misconduct or negligence of the the DVARB, range from driver, including but not limited to. · Suspension w~thout pay for · period intoxication, horseplay or misuse of of not less then five (5) days nor equipment more than thirty (30) days b Dism~ssal from City employment VII And the driver has more then two Disciplinary action will, at the discretion of Category V or one Category VI the DVARB, range from. accident, or more than three class a Suspension without pay for (30) IV accidents or · combination of days more than three category IV, V or b Reclassification to e non-driwng VI acc,dante within a (3) year position if such is available period c D~smlssal from City employment The employee will be suspended from dnwng pending final d~eposltlon or retraining ATTACHMENT 1-409 05 AUTHORIZATION FOR TAKE-HOME VEHICLE DEPARTMENT: DIVISION. VEHICLE NUMBER: VEHICLE TYPE AUTHORIZATION: New Change Temporary EMPLOYEE INFORMATION: Name. T~tle' Home Address: Phone: REASON FOR AUTHORIZATION' 1. Stand-By 2 Frequently Called Out/Services 3 Job Related Need 4 Frequently Called Out/Emergency Serwces 5. Temporary 6. Public Health/Safety Inside City Limits Outside City L~m~ts Number of Miles To Drive Round Trip From Home to Work I have read policy number 409.05 Comprehensive Dnwng and C~ty Vehicle Use Policy and fully understand my responsibilities Employee Signature: Date APPROVED: Division Manager Date APPROVED. Director Date CiTY M~'~I~t~R.~P,.]R~V.4L,*RE~u[RE,D ~OR OPE~ TION OUT$1~E C/~ LIMITS NeXt Doc:ument E \~PDOCS\RES\HEALTH FAC A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON HEALTH FACILITIES DEVELOPMENT CORPORATIONS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the terms of the office of Lloyd V. Harrell, Rick Svehla, and John McGrane as members of the Board of Directors of the Denton Health Facilities Development Corporation having expired; and WHEREAS, the city Council wishes to appoint their successors; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~y~ That the following individuals are hereby appointed as the Board of Directors of the Denton Health Facilities Develop- ment Corporation: Lloyd V. Harrell Rick Svehla Kathy DuBose ~ That the term of office for said members shall be for six (6) years. ~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~day of ~~ ,1994- JENNIFER WALTERS, CITY SECRETARY J / APPROVED AS TO LEGAL FORM~ DEBRA A. DRAYOVITCH, CITY ATTORNEY NeX Document J~\wpdocs\reso\oharolot res A RESOLUTION TEMPORARILY CLOSING CHARLOTTE STREET BETWEEN AVENUE H AND BONNIE BRAE STREET ON FRIDAY, MAY 20, 1994; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, James McDade, representing the "Owsley Coalition", is requesting that Charlotte Street, between Avenue H and Bonnie Brae Street, public streets 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, May 20, 1994, for the purpose of having a "Block Party"; and WHEREAS, James McDade, representing the "Owsley Coalition", has assured the City that the tenants, property owners and property managers in this area have agreed to the temporary closing of this road and that no one will be denied access to their property; 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 Avenue H and Bonnie Brae Street from the hours of 4:00 p.m. until 8:00 p.m. on Friday, May 20, 1994; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Charlotte Street, between Avenue H and Bonnie Brae Street, 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, May 20, 1994; NOW THEREFORE, SECTION II. That the City Manager shall direct the appropriate City Department to erect barricades on Charlotte Street between Avenue H and Bonnie Brae, 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 ~, 1994. B~)B CASTLEBERRy, MA~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 CERTIFICATE FOR RESOLUTION APPROVING A BOND RESOLUTION BY DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF HEALTH FACILITIES REFUNDING REVENUE BONDS FOR THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY THE STATE OF TEXAS CITY OF DENTON We, the undersigned officers of the City of Denton, Texas, hereby certify as follows 1 The City Council of Denton, Texas convened in REGULAR MEETING ON THE 3RD DAY OF MAY, 1994, at the designated meeting place, and the roll was called of the duly constituted officers and members of smd Ctty Council of Denton, Texas, to wit Bob Castleberry, Mayor Jennifer IC Walters, City Secretary Margaret Smith, Mayor Pro Tern Harold Perry Euhne Brock Jerry Cott Mark Chew Jack Miller and all of said persons were present, except the following absentees ~ , thus constituting a quorum Whereupon, among other busmess, the foll0wmg was transacted at said Meeting a written RESOLUTION APPROVING A BOND RESOLUTION BY DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION PROVIDINO FOR THE ISSUANCE OF HEALTH FACILITIES REFUNDING REVENUE BONDS FOR THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY was introduced for the consideration of said City Council and read in full It was then duly moved and secorlded that smd Resolution be adopted, and, after due discussion, said motion, carrying vath it the adoption of smd Resolution, prevailed and carried by the follovang vote NOES I~ ABSTENTIONS O 2 That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph Is attached to and follows this Certificate, that said Resolution has been dub/recorded in said City Council's minutes of said Meeting, that the above and foregoing, paragraph is true, full, alld correct excerpt from said City Council's mmute~ of said meeting pertaining to the adoption of sa~d Resolution, that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said Chty Council as indicated therein, and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, In advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, m advance, to the holding of smd Meeting for such p~rpose, and that smd Meeting was open to the pubhc, and pubhc not~ce of the time, place, and purpose of said Meeting was given, all as required by Chapter 551, Texas Government Code SIGNED AND SEALED the 3rd day of May, 1994 RESOLUTION APPROVING A BOND RESOLUTION BY DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF HEALTH FACILITIES REFUNDING REVENUE BONDS FOR THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY THE STATE OF TEXAS CITY OF DENTON WHEREAS, Denton Health Facilities Development Corporation (the ~issuern) was created under the auspices of the City of Denton, Texas, and WHEREAS, a public hearing was held w~th respect to the issuance of bonds by the Issuer for the benefit of The Evangelical Lutheran Oood Samaritan Society, and WHEREAS, it Is deemed necessary and advisable that this Resolution be adopted THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DENTON, TEXAS THAT Section 1 The HResolutlon of Denton Health Faclhtles Development Corp°ratl°n cencermng msuance of Health Famhtles Refunding Revenue Bonds vath respect to certain health famhtles of The Evangelical Lutheran Good Samamtan Seclety and Authomzmg the Execution and Delivery of all Financing Documents relating to the Issuance, Sale, and Dehvery of such Bonds, including an Indenture of Trust, a Loan Agreement, a Bond Purchase Agreement, a Tax Regulatory Agreement and and Other Documents in Connection Therex~ath~ m substantially the form and substance premented to this meeting Is hereby specifically approved, and the Indenture of Trust and Loan Agreement attached thereto are hereby specifically approved, and the Semes 1994 Bonds m the mammum principal amount of $8,f~00,000 may be msued pursuant thereto for the purpose of refinancing the costs of certmn health facdlues built by the Society by refunding certmn outstanding bonds of the Issuer Section 2 The City of Denton hereby approves the msuance of the aforesaid Seines 1994 Bonds ~n the mammum aggregate pmn¢lpal amount of $8,$00,000 for The Evangelical Lutheran Oood Samaritan Society, and further approves the Prolect as descmbed in the Bond Resolution relating to the Seme~ 199~ Bonds, and such approval shall be solely for the purposes of Section 147(f} of the Internal Revenue Code of 1986 and the C~ty shall have no liabilities for the payment of the Seines 1994 Bonds nor shall any of its assets be pledged to payment of the Series 1994 Bonds PASSED AND APPROVED th~s 3rd day of May, 1994 The Bond Resolution ~s omitted at th~s t~me as ~t appears elsewhere ~n th~s transcript CERTIFICATE OF CITY SECRETARY I, the undersigned, City Secretary of the Clty of Denton, Texas, (the "Unif'), make this certification for the benefit of all persons interested in the issuance by the Denton Health Facilities Development Corporation (the "Issuer") of its Health Facilities Refunding Revenue Bonds (The Evangelical Lutheran Good Samaritan Society Project) Series 1994 (the "Series 1994 Bonds") I hereby certif~ that 1. The Issuer was created and anthonzed to act on behalf of the Unit, and the Articles of Incorporation and Bylaws of the Issuer and all amendments thereto have been approved by the City Council (the 'Governing Body") of the Unit 2 On March 15, 1994, and at all times since that date, (1) the follovnng named persons have been duly appointed by the Governing Body of the Unit as members of the Board of Directors of the Issuer and (il) as indicated below, certain of the directors have been the duly appointed, qualdied and acting officers of the Issuer for the offices set forth opposite their names Directors Office Lloyd V Harrell President Kathy DuBose Vice President Rack Svehla Secretary 3 A Notice of Intention to issue the Series 1994 Bonds was filed w~th the Governing Body on March 28, 1994. 4 No action has been taken by the Unit pursuant to Section 221 035 of the Texas Health and Safety Code, as amended, or other~anse to hr/ut the effectiveness of the resolution of the Issuer authorizing the issuance of the Series 1994 Bonds or othervnse to affect the bond transaction No lltigntlon is pending against the Unit or, to the best of my knowledge, threatened agmnst the Unit (1) to restrain or enjoin the issuance or delivery of the Series 1994 Bonds, or (11) in any way contesting (a) the right and power of the Unit m connection vnth any action taken by it towards the creation of the Issuer or the issuance of the Senes 1994 Bonds or (b) the titles of the current councflmembers of the Unit to their respective offices 5 The Attorney General of the State of Texas is hereby authorized to date th~s Certificate as of the date of approval of the Series 1994 Bonds and ~s entitled to rely upon the accuracy of the mformat~on contained hereto unless not~fied by telephone or telecopy to the contrary WITNESS MY HAND AND THE OFFICIAL SEAL OF THE UNIT this yty sectary, Dentoi, Texas (SEAL) 3 E \~PDOCS\RE$\NLC RES *SOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO ACT ON THE CITY'S BEHALF IN CASTING A BALLOT IN THE ELECTION TO AMEND THE BYLAWS OF THE NATIONAL LEAGUE OF CITIES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Council of the city of Denton, Texas recognizes the important contributions made by the National League of cities in bringing contemporary urban issues into the forefront of public debate; and WHEREAS, participation in this election is necessary to ensure the continued success of the National League of cities in contin- uing to provide effective leadership, representation, and assis- tance to its member cities; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~_~. That the Mayor is hereby authorized to act on the City's behalf in casting an affirmative ballot on all propositions in the election to amend the bylaws of the National League of cities. ~. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~' '~ day of ~ , 1994. ~ BOB CASTLEBERRY, MA/R ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY  League Washington, O C of 20004 Mayo~ Newark New Jersey Cities (202) 626 3000 Fax (202) 626 3043 Carolyn Long Sanks Aprll 12, 1994 TO: Mayors of Direct Member cities Executive Directors of State Municipal Leagues From. Sharps James ~ ~_ . President /..~ Subject: Ballot to Amend the NLC/Bylaws At its July 16-17, 1993 meeting in MinneapolIs, the NLC Board of Directors accepted the report of a special Bylaws Committee which made a series of recommendations to amend the NLC Bylaws. At the March 12, 1994 Board meeting, the Board approved for submission to the members language to implement the report of the Bylaws Committee and amend the NLC Bylaws. The Bylaws Committee was appolDted in March 1993 by then-NLC Pres~dent Donald M. Fraser and was chaired by Past Presldent Bob Bolen, former mayor of Fort Worth, Texas. This package includes specific language to amend the Bylaws, a ba110~, Wh40h u_~_at be retu.E'--~d to ~.MT..~ hm*-~d'ru.artere by M~V 23. 1994, and a postage-paid reply envelope to return your ballot by the deadline. The proposed Bylaws Amendments are as follows A. Amend Section 1 of Article I to clarzfy NLC's corporate definition as an ,,instrumentality of government" for tax purposes. This amendment was recommended by NLC's tax attorney. B. A~end Sections i and 2 of Article III to clarify the distinction between the NLC Officers and the NLC Board of Directors. This amendment adds language to clarify the mak~-up of the NLC officers, based on existing practice, and moves language from Section 1 to Sectlon 2 regarding the annual election of Board members, as distingulshed from Officers. Mayors of Direct Member cities Executive Directors of State Municipal Leagues April 12, 1994 Page TWO C. Amend Section 5 of Article III to increase the size of the Nominating Committee from 11 members (including the chair) to 15 members (including the chair) and to specify that the most immediate past president will serve as chair. The committee recommended increasing the size of the Nominating Committee to Involve more NLC members in the nominating process while maintaining a manageable size for meaningful discussion and deliberation. D. Amend Section 7 of Article III to permit individuals who leave public office after having served on the Board of Directors and the Advisory Council to resume services on the Advisory Council upon return to elective office. The amendment deletes the phrase "~" from the current language. E. Amend Article IV, Sections 1, 12, and 3 to clarify procedures for membership meetings and add a new Section 6 to Article IV to establish procedures for meetings of the Board of Directors including definition of a quorum. These clarifications were recommended by NLC's general counsel to ensure that the Bylaws conform to the statute under which NLC is incorporated on issues such as meeting notices and to clarify the distinction between member meetings and Board meetings. It is extremely important that you exercise your voting right by casting your ballot. The number of votes you are entitled to cast is indicated on the enclosed ballot. Ballots received at NLC h~adquarters by May 23 will be tabulated and certified by two members of the Board of Directors and the results announced by mail early in June. If you have any questions about the proposed amendments, please contact Christine Becket, Deputy Executive Director, at (202) 626-3017. Enclosures (Note: new language rs underlined and deleted language I~ in I)raclre~,t~ Amend Sect]on I of Article I to rem aa follow~: Section 1 NAMES, OBJECTS, AND MEANS. The National League of Cities ,a an ~ [membership organ,zation] of general purpose local governments and state municipal leagues dedicated to advancing the public interest, building democracy and community, and improving the quality of life by strengthenin~the capacity of local governance and advocating the Interests of local commu~ Amend 8ectlons I and 2 of Artflde BI mt Of Reem and Bo~M e~Dimetm~ to read aa follows: Section I ~ OFFICERS. The officers of this National League shall be a president, a first vice president, a second vice prealdent~ the Imrnediet~ p~t president, all past oresldents while in elective office ~n a city. endthe Executive Director. [and members of the Board of Directors]. The Executive Director ahatt be appointed by the Board of Directors and shall hold office at the pieamure of that Boar(~. The Executive D~rector shall be the secretary and treasurer of the National League. The president, first vice president, and the second vice president elected st the annual meeting shall hold office for one year or until their successors ara qualifle~k [Twenty members of the Board of Directors shall be elected each year to serve for · term of two years or until their successors are elected and qualified.} The term of office of all newly-eiectsd and designated officers shall commence immediately on adjournment of the annual meeting. Section 2. BOARD OF DIRECTORS. There shall be e Board of Directors consisting of 40 members and the ~ president, first vice president, and second vice president, plus all ~E~[J.~DJ~U~ past presidents in elective office in a city. which shall conduct the affairs of the National League when representatives of the membership are not assembled, including, by a majority vote of the Board of D~rectors members, determination or modification of national municipal policies on national legislal;ion affecting cities The Board of Directors may refer to the membership by letter ballot any matter which ia not otherwise provided for in these bylaws, the voting thereon to be aa provided in Section 5 of Article IV Twenty members of the Board 0f Directors shall be elected each veer to serve for a term of two veers or until thmr ~uccsasors are elected and oualified. The term of office of all newly-elected members shall commence Immediately on adlournment of the annual bualne&a rpeetino. The president and first vice president shall be chairmel~ and vice chalrma- respectively of the Board of Directors. ~ ~ ~ fffanner provide** for in Articl~ IVr~, ~ that nominliti~ acted offf~B~ i~L~zB~L~BzI 8h811 be mede by · non~n~ting comrnitt~ of not ess tl~an. [.seven] slx nor more then [eleven] fourteen officers of member reeguee, state eague c t es, and member cities and the most immediate Boast ores;dent'. [who] slier se~J~e aShall be appointed by the president. The most Immediate Boast oresident s chair of the nomtnatlno committe- The nominating committee shell make its report In writing at least four hours before the scheduled election. Section 7. ADVISORY COUNCIL. The Board of Directors shall establish an Advisory Council (consisting of prevlou~ members of the Board of Directors [who remain] ;n municipal elected officeY, the duties, responsibilities and leadership of which shall be determined by the Board of Directors. Amend Article IV on Meetrng~, Voting, end National ~ te mad a~ folow~: ! Section 1. ~ MEETINGS. The time, place, and program of the annual or special meetings shell be determined by Y-~.g~E~;llZ.~ the Board of Directors. Tl~e ;)resident may also call e sBoeclel meetine. Notices of rneeflnge of members shall be delivered or mailed by flrst-cla~ mall t~-the last known address of all members not less than thirty (30) nor more than [ninety (90)] si~ ~6Ot days before such meetings provided that any notices requirs~t by this section may be waived before such meetings. Section 2. ~ VOTING. Section 3. MEMBER QUORUM, Section 4. MEMBER RESOLUTIONS ON POLICIES. Section S. BOARD MEETINGS. Notices of meetinos of the Board of D~rectors shall bn deltver&d or mailed bv first-class mall to the last known address of all members of th~ Board Of DIreot~rs not less than five 1Si nor more than forty (40l days before such meetinae, unless otherwise re~]ulred bv law. Borovided that any notices reauired bv thl~ sectionI may be wmved before such meetinBos. A meier;tv of directors aresent al; ~ meetln@ shall constitute a ouorum. Borovlded that a ouorum consists of no less thart one-third of the directors then In office. The act of the maioritv of the d;rector- Boresen( et e meetlnBo at which e auorum Is Borasent shell be the act of the Board ;)f Directors. unless otherwise recuired bv the articles of Incornoraflon or these bylaws, OFFICIAL ]~I.IOT FOR MEMBER CITIES On Changes to the Bylaws of the National League of Cities April 12, 1994 Do you favor amending the Bylaws of the National League of Cities as proposed below Ame.dme. * YES NO A D~fl~i~lans Amend Section I of A~icle I to clarify NLC~ corporate definition as an ~ ~ "instrumentality of government" for tax purpose~ B Officers and Bo~ud of Directors I and 2 of Article HI to clarify the distinction between the NLC ~ ~ Amend Sections Officers and the NLC Board of Directors C Size of the Nominating Committee Amend Section 5 of Article IH to increase the size of the Nominating Committee from [-~ [--'-] 11 members (including the chair) to 15 members (including the chair) and to specify that the most immediate past president will serve as chair D Advisory Coanefl Amend Section'7 of Article IH to permit li~divid, t~!' who leave public office after ~ [-~ having served on the Board of Directors and the Advisory Council to resume service on the Advisory Council upon return to elective office E Board and General Membership Mee$ings and Voitng Procedures Amend Article IV, Sections 1, 2, and 3 to clarify procedures for membership meetings and add a new Section 6 to Article IV to establish procedures for meetings of the ~ [_.__J Board of Directors including definition of a quornn~ Signature for member city' Mayor's Signature Mayor's Name city Number of votes cast - Date ,1994 Return in the enclosed envelope to National League of Cities Attention~ DoluddJ Bomt 1301 Pennsylvania Ave, NW Washington, DC 20004 Your signed ballot must be received by May Z8, 1994, if it is to be counte& E \~PDOC$\RES'~ANBULANC CTY A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON cOUNTY FOR AMBULANCE SERVICES; AND DECLARI'NGAN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the city Council of the City of Denton hereby approved an interlocal 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 hereby lauthorized to execute said agreement on behalf of the City. ~ That this resolution shall become effective immed- iate passage and approval. PASSED AND APPROVED this the~day of ~, 1994. BOB CASTLEBERRY, MAYOR/ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY THE STATE OF TEXAS, ) ) SS. COUNTY OF DENTON ) ~NTERLOC~L COOPEI~T~ON ~T FOR ~BUL~NCE ~ERVICE THIS AGREEMENT is made and entered by and between Denton county, a political subdivision of the State 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 WHEREAS, the provision of emergency medical services is a governmental function that serves the public health and welfare and ~TERLOC~ AMBULANCE AGREF/V~T D~N COUNTY Cl~ OF D~N 1 is of mutual concern to the contracting parties; and W~EREAS, County and City mutually desire to be sub3ect to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, V.T.C.A. Health and Safety Code, Section 774.003 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, 199~. II. The term of this agreement shall be for the period of October _~_1, 199~ to and through September 30, 1994. Each party may terminate this agreement by giving the other party written notice of intent to terminate thirty (30) days after receipt of such notice. III. AS used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time 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: ~,~oc~c~mm~m~T 2 DENTON COUNTY ~ CIT~ OF DI/~TON 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 admlnis- tered~ and 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 ~ncorporated cities, towns and villages within said County. C. "Urban area" means any area within said County, w~thln the corporate limits of an incorporated c~ty, town or village. D. .Emergency ambulance call" means a response to a request for ambulance service by the personnel of C1ty in a s~tuation involving an emergency (as such word ~s herelnabove defined) through the instrumentality of an ambulance vehicle. Within the meaning hereof, a single call might involve the transportation of more than one person at a time. IV. A. Services to be rendered hereunder by city are ambulance services normally rendered byCity 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 area #2 of County, as ~w,~,oc~av~c~G~ 3 set out in exhibit "A", attached hereto and incorporated by reference. C. It is recognized that the officers and employees of city have d~ties 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= insure the performance of all duties and obligations of County herein stated, 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 provide supervision of Countyls 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 shell ensure the performance of all duties and obliga- tions of city as herein stated, 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 mT~.LOC~a,~'L~'~C~T 4 D~TON COUI~TY CITY OF D~TON 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 Clty for the full performance of this agreement the sum of TWO HUNDRED FORTY-FIVE THOUSAND FIVE HUNDRED THIRTY-FOUR DOLLARS ($245,534.00) to be paid in equal quarterly payments commencing on October 1, 1993. The remaining payments shall be made respectively on or before January 1, 1994, April 1, 1994, and July 1, 199~ The ~ sums to be paid under this agreement are based on a per capita payment for the populatlon of the designated service area set out in exhibit "A". Population figures are as provlded 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 outslde the service district whether by mutual aid agreement or otherwise. Acceptance of this contract constitutes final acceptance of the COG population f~gures 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. City agrees to and accepts full responsibility for the acts, mT~u~oc~m~m~JU~Nc~m~m,~ 5 D~NCOUNTYCITYOFD~N negligence and/or omissions of all Cltyts officers, employees and agents. X. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either partyts 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. XI. This agreement may be terminated at any t~me by either party giving thirty (30) 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, ~ogether with reimbursable expenses then due and as author- lzed by this agreement. In the event of such termination, should City be overcompensated on a pro rata bas~s 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. XII. The fact that County and city accept certain responsibilities ~TE~LOCA~ A~ULANCE AG~T 6 DENTON CO~q'l~ CITY OF DENTON 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 nor 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 powers and functions. XIII. This agreement represents the entire and integrated agreement between city and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both parties. XIV. 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. XV. 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. XVI. The undersigned officer and/or agents of the parties hereto ~TE~LOC~ AMBULANCE AG~ 7 D~N COUNTY CI~ OF D~N are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the 9artles hereto and each 9arty hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals. DENTON COUNTYv TEXAS CITY OF DENTON, TEXAS 110 WeSt Hickory 215 EAST MCKINNEY Denton, Texas 76201 DENTON, TEXAS 76201 T tle: Date ATTEST: Denton County Clerk APPROVED AS TO FORM: APPROVED AS~NTENT: ASsistan{ District Attorney ~/Flre bh-i~f / [~'~,~f. Ki~O~ AIL A~UL~NCE AGI~NT 8 DENTON COUNTY CITY OF D~NTON b nor~h~ek r A RESOLUTION TEMPORARILY CLOSING NORTH LAKE TRAIL BETWEEN BOWLING GREEN STREET AND AUB~JRN STREET ON SUNDAY, JUNE 5, 1994; AND PROVIDING FOR AN EFFECTIVE, DATE. WHEREAS, Carolyn Bacon, representing the North Lake Homeowners' Associati,on, is requesting that North Lake Trail from its intersection with Bowling Green Street to its intersection with Auburn Street, a public street within the corporate limits of the city of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 1:30 p.m. and 6:30 p.m. on June 5, 1994, for the purpose of having a block party; and WHEREAS, the residents of North Lake Trail, from its intersection with Bowling Green Street to its intersection with Auburn Street, having signed and presented the city Council with a petition agreeing to the temporary closing of North Lake Trail; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~ That North Lake Trail, from its intersection with Bowling Green Street to its intersection with Auburn Street, a public street in the corporate limits of the City of Denton, be temporarily closed tO vehicular traffic from the hours of 1:30 p.m. and 6:30 p.m. on June 5, 1994, for the purpose of having a block party. ~ That the City Manager shall direct the appropriate City Department to erect barricades on North Lake Trail, from its intersection with Bowling Green Street to its intersection with Auburn Street, at 1:30 p.m. and to have the same removed at 6:30 p.m. on said date. PASSED BOB CASTLEBERRY, MAYOR/ ~ ATTEST: AP~ ;ED A O LEGAL FORM: DE~~ A. DRAYOVITCH, CITY ATTORNEY J~\~pdoc;\reso\cablereg res A RESOLUTION OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE REGULA- TION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLA- TION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER TO EXE- CUTE AND FILE DOCUMENTS ON BEHALF OF THE CITY OF DENTON TO ENABLE IT TO REGULATE BASIC SERVICE RATES AND CHARGES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 5, 1992, Congress enacted the Cable Tele- vision Consumer Protection and Competition Act of 1992 which, among other things, provided that the basic service tier rates, and the charges for related equipment, installation and services, of a cable television system (hereinafter, "Basic Service Rates and Charges") shall be subject to regulation by a franchising authority · n accordance with regulations prescribed by the Federal Communica- tions Commission (hereinafter, the "FCC"); and WHEREAS, on April 1, 1993, the FCC prescribed such regulations in the Report and Order. In the Matter of Implementation of Sec- t~ons of Cable Television Consumer Protection and ComDetlt~on Aot of 1992: Rate Reaulation, MM Docket 92-266, FCC 93-177 (released May 3, 1993) (hereinafter, the "FCC Rate Regulations"); and WHEREAS, the city of Denton, Texas (hereinafter, "Denton") is a franchising authority with the legal authority to adopt, and the personnel to administer, Charges of any cable television system operating ~n Denton, ~ncluding, without l~mltat~on, Sammons Com- munications, Inc. (hereinafter, "Sammons") pursuant to City of Denton Ordinance No. 88-189 (hereinafter, the "Franchise"); and WHEREAS, Denton desires to regulate the Basic Service Rates and Charges of Sammons and any other cable television system oper- ating in Denton and shall do so in accordance with the FCC Rate Regulations, notwithstanding any different or inconsistent provi- sions in the Franchise; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That Denton will follow the FCC Rate Regulations, as they may be amended from time to time, in its regulation of the Basic Service Rates and Charges of Sammons and any other cable television system operating in Denton, notwithstanding any d~ffer- ent or inconsistent provisions in the FranchIse. S~¢TION II. That, in connection with such regulation, Denton will ensure a reasonable opportunity for consideration of the views of interested parties. SECTION III. That the City Manager, or his designee, is au- thorized to execute on behalf of Denton and file with the FCC such certification forms or other instruments as are now or may hereaf- ter be required by the FCC Rate Regulations in order to enable Denton to regulate Basic Service Rates and Charges. SECTION IV. That this resolution shall become effective imme- diately upon its passage and approval. BOB CASTLEBERRY, MAYO ATTEST :' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 Next DoCument · \~focs\res\aYe e RESOLUTION NO. ~ A RESOLUTION TEMPORARILY CLOSING AVENUE E BETWEEN EAGLE DRIVE AND HIGHLAND STREET ON SATURDAY, JUNE 11, 1994; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Gary Turner, representing Promise Keepers, is re- questing that Avenue E from its intersection with Eagle Drive to its intersection with Highland 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 7:00 a.m. until 12 noon, from 5:00 p.m. until 8:00 p.m., and from 10:00 p.m. until 11:30 p.m. on Saturday, June 11, 1994, for the purpose of controlling traffic; and WHEREAS, Chief Eric Jackson, of the University of North Texas Police Department, has signed a petition to the City Council agreeing with the temporary closing of Avenue E between Eagle Drive and Highland Street; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~. That Avenue E, from 1ts intersection with Eagle Drive to its intersection with Highland Street, a public street within the corporate limits of the city of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 7:00 a.m. until 12 noon, from 5:00 p.m. until 8:00 p.m., and from 10:00 p.m. until 11:30 p.m. on Saturday, June 11, 1994, for the purpose of controlling traffic. ~/~Q~. That the city Manager shall direct the appropriate city Department to erect barricades on Avenue E from its Intersec- tion with Eagle Drive to its intersection with Highland Street, at 7:00 a,m. and have them removed at 12 noon, at 5:00 p.m. and have them removed at 8:00 p.m., and at 10'00 p.m. and have them removed at 11:30 p.m. on said date. ~.. _~T~_Q~. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~day of ~~__, 1994. BOS CASTLEBE Y, YOR/ / ATTEST= JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 E~\WPDOCS\RES\HUD.R RE.O .UT ON 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 COMBINED FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS AND A HOME PROGRAM DESCRIP- TION WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZEDAND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of iow and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City, has prepared, through a citizen participation process, a program for utilizing its eleventh year entitlement funds and program in- come in the approximate amount of $1,204,025; and WHEREAS, the city of Denton, Texas, has been designated as a participating jurisdiction under the HOME Investment Partnerships Program and has developed a program for utilizing 1ts first year HOME funds in the approximate amount of $500,000; and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met; and WHEREAS, the Community Development Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropri- ate certifications; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~_~ 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 and the National Affordable Housing Act of 1990. ~ 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 Comprehensive Housing Affordabillty Strategy and the assurances. nSECTION III,~ That the city Secretary is hereby authorized to fur f this resolution to all interested parties. ~u~ That this resolution shall become effective immed- iately upon its passage and approval. /% PASSED AND APPROVED this the ~~ day of , 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRAA. DRAYOVITCH, CITY ATTORNEY PAGE 2 mm mmm m ~m~ m mm mm mm J \wpdocs\reeo\roadmtnc.res A RESOLUTION AUTHORIZING ANAMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR SHARED ROADWAY MAINTENANCE FOR THE CITY OF DENTON AND DENTON COUNTY ROADS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~. That the Interlocal Cooperation Agreement with Denton County for Shared Roadway Maintenance, effective November 16, 1993, shall be amended by the attachment of a new "Exhibit A" to the Agreement which includes additional roads for maintenance by the City of Denton and the County of Denton. ~=C_T~. That the city Manager is authorized to sign the Amendment to the Agreement, a copy of which is attached hereto and incorporated by reference herein. SI_~. That this resolution shall become effective immediately upon its passage and approval, f% PASSED AND APPROVED this the~4~/day of , 1994. BOB~B~~~ ATTEST~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS~TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY THE STATE OF TEXAS § AMENDMENT TO INTERLOCAL S COOPERATION AGREEMENT WITH COUNTYIOF DENTON S DENTON COUNTY, TEXAS WHEREAS, the City of Denton (hereinafter called the "City") and the Comnty of Denton (hereinafter called the "County") entered into a certain Interlocal Cooperation Agreement dated as of November 16, 1993; and WHEREAS, the City and the County now wish to amend said Interlocal Cooperation Agreement. NOW, THEREFORE, the City and the County hereby agree as follows: 1. Exhibit A of said Interlocal Cooperation Agreement is amended by including additional roads for both the City and County to maintain. The amended Exhibit A is attached hereto. 2. In all other respects, sa~d Interlocal Cooperation Agree- me~t between the City and the County dated as of November 16, 19.93, shall remain in full force and effect according to its terms. IN WITNESS WHEREOF, the undersigned officer or agent of the parties hereto are the properly authorized officials and have the necessary authority to execute this amendment 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. EMecuted in duplicate orlglnals th~s the /'oay o~~, 1994. CITY OF DENTON ~LOY~HARRELL, CITY~[ANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY DENTON COUNTY BY: COUNTY JUDGE ATTEST: BY: APPROVED AS TO LEGAL FORM: BY: ASSISTANT DISTRICT ATTORNEY DENTON COUNTY APPROVED AS TO CONTENT: BY: DIRECTOR OF PUBLIC WORKS, DENTON COUNTY J.\wpdocs\k\roadmain k PAGE 2 EXHIBIT "A" ROAD MAINTENANCE CITY OF DENTON & DENTON COUNTY JUNE, 1994 DENTON COUNTY WILL MAINTAIN ROAD NAME F~O~ TO ~ Allred Bonnie Brae, west I H 35W 7,432 Barthold I H. 35, west City L~mits 2,625 Blagg Trinity Rd , west Mayhill 3,6~5 Bonnie Brae U.S 377, north Bend in Rd (to east) 8,850 Brush Creek U.S 377, east city Limits 2,000 Cottonwood Lane U S. 380, north City Limits 480 Edwards Mayh~ll Rd., east city Limits 5,160 Egan Rd U.S. 380, north C~ty Limits 480 Golden Hoof Rd. U.S 380, north c~ty Limits 480 John Paine I H 35W, south city Limits 5,048 Johnson Lane John Paine Rd , east City Limits 2,353 Trinity U S 380, south City Limits 10,300 Willow Lane U S 380, north City Limits 480 49,373 CITY OF DENTON WILL MAINTAIN. ROAD NAME FROM TO L~N~U6 Cooper Creek Mingo Rd., north F~sh Trap ~4 Egan Jim christal Rd , north c~ty Limits 3,700 Fart,s Silver Dome Rd., north C~ty Limits 784 Fish Trap City Limits, east city Limits 254 Fish Trap Cooper Creek Rd , east city Limits 575 Fish Trap City Limits, east Mingo Rd 950 Foster Mayhill Rd., east End 2,962 H~ckory Creek F M. 2181, west City Limits 433 Jim Christal Masch Branch, west F M. 156 ~,980 Masch Branch U S 380, north C~ty Limits 200 Mayhill U.S 380, south Edwards Road 8,924 Nail U.S 380, south Jim Christal Rd. 4,672 Pockrus/Paige Swisher Rd., east City Limits 750 Robinson F.M. 2181, east corinth City Limits 4,175 Silver Dome Farris Rd., east City Limits 964 Silver Dome City Limits, east Cooper creek Rd 1,160 Swisher Pockrus Paige Rd , south city Limits 1,6~5 Tom Cole North/South portion adjacent to Airport 2,700 Underwood Springside Rd. north City Limits ~0 ' 49,462 JAN 1~'~99b :~ ~ ~F~, ~ MUNICIPAL BUILDING · 215 ~ McKINN~ · DENTOa T~AS 76201 (817) ~6'8200 · D~ M~RO 434'2529 January ~0, ~994 Jack Wagoner Director of Centralized Road & Brzdge 306 N Loop 288, Suite 115 Denton, TX 76201-4818 Dear Mr Wagoner Re Finalization of Amendment Agreement to City/County Mazntenance Agreement - Resolution No R93-071 On December 1, 1994, we delivered a copy of the attached information for your review regarding road maintenance of Fzsh Trap Road from Denton C~ty limits to Mlngo Road and Silver Dome Road from Denton City limits to Cooper Creek Road The City a~rees to maintain these two roads if the County will maintain Cottonwood Lane, Egan Road, Golden Hoof Road, and w~llow Lane from US 380 north to the City limits I also talked to you in October 1995 regardln~ this issue A finalized agreement from Commission's Court ~s needed for those maintenance changes to be finalized Please let me know when this zs scheduledfor review and ~f further · nformat~on is needed Sincerely, J~rk, P E Director of Englneerin~ & Transportatmon AEEO0657 "Dedtcated lo Quahty Servtce" E \~PDOCS\RE$\TXDOT AHD RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE 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 the purpose of establishing and maintaining public and mass transportation projects; and WHEREAS, on August 31, 1993, the City Council adopted Resolu- tion NO. 93-052 which authorized the City Manager to execute a Public Transportation Contract with the Texas Department of Transportation and the State has forwarded an amendment to said Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. ~ That the City Manager is authorized to execute Amendment No. i to the Public Transportation Agreement on behalf of the city of Denton, Texas, with the Texas Department of Transpor- tation to aid in the financing of public transportation, a copy of which is attached hereto and incorporated by reference herein ~ That the City Secretary is hereby directed to affix upon the face of Resolution 93-052 a note that it is amended by this resolution, and attach a copy of this resolution thereto. ~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~W~day of ~, 1994 BOB' CASTLEBERRY, MAYOR/ ~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY APBROvED AS TO LEGAL FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 RECIPIENT City of Denton STATE PROJECT NO TX94-0001(18) STATE CONTRACT NO 514XXF4014 AMENDMENT TO CONTRACT NO. 1 STATE OF TEXAS § COUNTY OF TRAVIS § THIS AMENDMENT TO CONTRACT made by and between the State of Texas acting by and through the Texas Department of Transportataon hereinafter called the "State", and the C~ty of Denton hereinafter called the "Contractor" W1TNESSETH WHEREAS, on September 9, 1993, a contract was entered mto by and between the above-menUoned pames, wlueh contract provided for the expenchture of funds pursuant to the prov~slonz of Section 9 of the Federal Transit Act for a pubhc transportauon project, and WHEREAS, the contractor has been approved to receive adchtmnal funds to carry out flus project; NOW, THEREFORE, m cons~deraUon of the mutual covenants hereto set forth, the parues hereto agree to amend the abeve-mentaoned contract as follows I. Article 3, page 2, sentence 1 ~s revised to read "The maxmaum amount payable under this Contract w~thout modification is $137,462 Ii All of the other terms, conchtlons and provisions of the original contract shall remain m full force and effect IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed STATE OF TEXAS CITY OF DENTON purpose and effect of acuvating and/or carrying out the order, established B pohc~es or work programs heretofore approved and authorized by the Texas Transportation Commission under the Title authority of Minute Orders 102550 and ~.~ 103561 Date / 7 / ' / APPROVED RECOMMenDED FOR EXECUTION DlsmL-'t~'L~ngine;r, ~a~i~stnct 3/1/94 ATTACHHENT A CONTRACT BUDGET CONTRACTOR City of Denton CONTRACT NUMBER 514XXF&014 STATE PROJECT NO Txg&-o001(18) FTA NUHSER TX-90-X246 LINE ]TEN # DESCRIPTION TOTAL FEDERAL STATE LOCAL CAPITAL 11 12 04 TUO buss8 u/Lifts 181,250 1/,5,000 23,562 12,688 181,250 145,000 80% 23,562 13% 12,688 7~ PLANNING 41 11 O0 Grant Devet/Admtn 30,000 24,000 3,900 2,100 30,000 24,000 80% 3,900 13% 2,100 7~ OPERATING 30 09 O0 Operating (10/93 - 9/94) 440,000 220,000 110,000 110,000 440,000 220,000 50% 110,000 25% 110,000 25% TOTAL 651,250 389,000 60% 137,462 21% 124,788 19~ FEDERAL FUNDING SPLIT TX-90-X246 TX-90-XO0? TX 90'NO0? TOTAL CAPITAL 145,000 0 0 145,000 PLANNING 24,000 0 0 24,000 OPERATZNG 220,000 0 0 220,000 389,000 0 0 389,000 STATE FUNDING SPLIT FORMULA CSP DISCRETIONARY TOTAL CAPITAL 7,772 15,790 0 23,562 PLANN ! NG 3,900 0 0 3,900 OPERATING 71,557 0 38,443 110,000 83,229 15,790 38,443 137,462 ANENDHEHT #1 AUTHOR]ZED BUDGET CHAHGES CONTRACTOR City of Denton STATE PROJECT NO 514XXF401& CONTRACT NUHBER TN94-0001(18) FTA NUHBER TX-90-X246 TOTAL FEDERAL STATE STATE LOCAL FORHULA OTNER PREVIOUS TOTAL CAPITAL 181,250 145,000 23,562 0 12~88 OPERATING 440w000 220~000 110,000 0 110,000 PLANNING 30,000 24~000 3,900 0 2,100 TOTAL 651,250 389,000 137,&62 0 124,788 AHENDHEHT #1 CAPITAL 0 0 (15,790) 15,790 0 OPERATING 0 0 (38,443) 38,443 0 PLANNING 0 0 0 0 0 TOTAL 0 0 (54,233) 54,233 0 NEW TOTAL CAPITAL 181,250 1~5,000 7,772 15,790 12,688 OPERATING 440w000 220,000 71,557 38,443 110,000 PLANNING 30,000 24,000 3,900 0 2,100 TOTAL 651~250 389,000 83,229 54,233 124,788 Texas Department of Transportation July 18, 1994 Public Transportation Fund (PTF) City of Denton Project No TX94-O001 (18) Contract No 514XXF4014 Amendment #1 Mr Joseph Portugal, Assistant to the City Manager City of Denton 215 E McICanney Denton, Texas 76201 Arm Mr Dawd Ayers Dear Mr Ayers Please find enclosed the fully executed amendment for your files Thts amendment extends the contract period from August 31, 1994 to January 31, 1995 to allow t~me for the dehvery of the two vehicles Please call Mr Willie L Parker at (214) 320-4473 if you have questions or require further information Sincerely, John V Blain, Jr, P E Director of Transportation Planning and Development Enclosure An Equal Opportunity Employer b~\areontsk res RESOLUTION NO. ~ A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ARSON TASK FORCE INTERLOCAL AGREEMENT WITH THE CITY OF LEWISVILLE, TEXAS, THE TOWN OF FLOWER MOUND, TEXAS, THE CITY OF THE COLONY, TEXAS, AND DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, arson is the fastest growing crime in America, costing taxpayers millions of dollars each year in additional insurance premiums, and causing unnecessary exposure of innocent citizens, fire fighters and investigative personnel to death and serious bodily injury; and WHEREAS, arson related fires tax the personnel, equipment, and investigative resources of these governmental entities, causing excessive damage to equipment and preventing the use of these resources for other emergencies; and WHEREAS, no government agency can afford to retain and train sufficient numbers of fire and arson investigators to properly investigate major or multi-alarm incidents, and WHEREAS, a group of governmental entitles within Denton County have recognized and seized the opportunity to minimize the adverse impact of arson related fires by sharing training, resources and experience, and cooperating in an Arson Task Force lnterlocal agreement, pursuant to the authority of the Texas Interlocal Agree- ment Act, TEX. GO~ T CODE §791.011 et seq., recognizing that arson investigation is a law enforcement governmental function rather than a fire protection governmental function; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: S_~ That the City Manager is hereby authorized to execute an Arson Task Force lnterlocal cooperation agreement with the city of Lewisville, Texas, the Town of Flower Mound, Texas, the city of the Colony, Texas, and Denton County, Texas, to benefit the citizens of this community, and other contracting local governments within Denton County containing the terms set forth in the agreement attached hereto. SECTION II. That this resolution shall become effective ~mmediately upon Its passage and apprqval. / ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2 ~RSON TASK FORCE INTERLOCAL AGREEMENT STATE OF TEXAS }( COUNTY OF DENTON )( This Agreement is entered into by and among the City of Lewisville, Town of Flower Mound, City of Denton, City of The Colony, Denton County, by and through the Denton County Fire Marshal's Office and the Denton County Sheriff's Department (hereinafter referred to collectively as the "Parties"). The Parties execute this Agreement as hereinafter provided pursuant to the Interlocal Agreement Act, Texas Government Code, section 791.011, et seq., and the Texae LocaL Government Code, section 362.002, et seq., and all other applicable statutes. WHEREAS, there is a need for investigative and proseoutorial cooperation in suspected arson cases in Denton County~ and WHEREAS, the Parties hereto have determined that the best possible method for attacking the arson problem within Denton County is an agreement establishing such cooperation by way of a Task Force~ and WHEREAS, the Parties desire to enter into this Agreement to provide investigative and prosecutorlal cooperation in connectlon with arson oases~ and WHEREAS, each party is authorIzed to perform the services contemplated herein~ NOW THEREFORE, In consideration of the mutual covenants and the terms and conditions set forth below, the parties do hereby agree as follows~ I. The Parties execute this Agreement for the purpose of providing arson detection, investigative, and prosecutorial capabilities to each other as the need arises. II. The Denton County Fire Marshal will he the coordinator of the Arson Task Force created by this Agreement, and the Denton County Fire Marshal's Office will be the central repository of the Parties' executed counterparts of this Agreement. III. When requested by one party to this Agreement, another party ~o th~s Agreement may provide available members of its arson investigative ~nlt to investigate and .p~rform .f~llow-through prosecution duties regarding fires of suspicious or~g~n or unknown causes ~ithin the requesting jurisdiction. While engaged in such activities, employees of the responding party shall be under the rules of the requesting party and the direction and supervision of the requesting party's officer in charge of the investigation. The availability of a party's officers shall be determined by the responding party. IV. While any responding party investigative officer is in the service of the requesting party, he or she shall be considered an investigative officer of the requesting member be under the command of the requesting party's fire chief or a~e fire chief's designee, with all the powers of a regular investigative officer of the requesting party, as fully as though he or she were within the territorial limits of the governmental entity where he or she is regularl~ employed~e~all constitute his ~r her qualifications ~or the position within~ the territorial l~m~ts of the requesting member, and no other ~th, bond,.or compensatlo~ nee~.b~ ~e_.~ ,4~.~ In performing duties under this Agreement, each party will comply with all necessary federal, state and local laws, regulations and ordinances, including those relating to disposal of property acquired from grant funds. VI. The party regularly employing the investigative officer shall pay all wages and disability payments, pension payments and payments for damages to equipment and clothing of that officer while he or she is involved in activities pursuant to this Agreement the same as though the services had been rendered within the jurisdiction wherein the Investigative officer is regularly employed. The requesting party shall have no obligation to reimburse the responding party for such costs unless reimbursement is required under the Local Government Code S 362.003(c). VII. A~y request for assistance under thlsAgreement shall include a statement of the amount and type of equipment and number of personnel requested and shell specify the location to which the equipment and personnel requested are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be determined by the responding party's fire chief or fire chief's designee. VII · The fire chief of the responding party, or fire chief's designee, in his or her sole discretion, may at any time withdraw his or her personnel or equipment or discontinue participation in any activity initiated pursuant to this Agreement. IX. A party to this Agreement may unilaterally terminate its participation in this Agreement only after providing not less than ninety (90) days' written notice of termination to the other parties. This Agreement may be terminated at any time by the written mutual agreement of the Parties. X. In the event that any person performing services pursuant to this Agreement shall be cited as a party to a state or federal civil lawsuit arising out of the performance of those services, that person shall he entitled to the same benefits that he or she would be entitled to receive if such civil action had arisen out of the performance of his or her duties as a member of the department where he or she is regularly employed and in the jurisdiction of the party by which that person is regularly employed. XI. . ~&ch party to this Agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the perform&nue of this Agreement. XII. It is expressly understood and agreed that, in the execution of this. Agreement, no party waives, nor shall be deemed hereby to waive, &ny immunity or defense that would otherwise he available to it against claims arising in the exercise of governmental powers and functions. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate state statutem, municipal ordinances or laws of the State of Texas or any political subdivision thereof. XIII. This agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the lawe of the State of Texas. XIV. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. This Agreement may be amended or modified only by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. XVI. This Agreement may be signed in multiple counterparts and shall be binding on the Parties when duly authorized by the governing bodies of such Parties and such Parties' duly authorized representatives and delivered to the Arson Task Force Coordinator. XVII. This Agreement contains all commitments and agreements of the Parties~ and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. XVIII. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have all necessary authority to execute this Agreement on behalf of the parties, 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. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective upon execution and dating by all of the Parties. This Agreement shall be subject to renewal in one year terms at the discretion of the Denton County Commlssloners Court. 02/28/lgg6 16 26 ~14~19788~ LEWISVILLE FI~E DEPT PAGE 86 82/28/1996 16'26 2142197882 LEWISVILLE FIRE DEPT PAGE 87 02/20/1996 16'2B 21421970e2 LEWISVILLE FIRE DERT PAGE 08 E \WPDOCS\RES\AI~D~N.LEA A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND AIR DENTON, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain real property upon the Denton Municipal Airport was leased to Air Denton, Inc., a Texas corporation, Lessee, by lease agreement dated August 30, 1988; and WHEREAS, the Clty of Denton and the Lessee desire to amend the lease agreement; and WHEREAS, the Airport Advisory Board for the City of Denton has recommended approval of the proposed airport lease amendment; and WHEREAS, the City Council of the City of Denton, Texas, believes it to be an the lnterest of efficient alrport operations to approve such lease amendment; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Amendment No. 1 to the airport lease agreement between the City of Denton and Air Denton, Inc. dated August 30, 1988, which ~s attached hereto, is hereby approved. ~ That the Mayor ~s hereby authorized to execute the attached lease amendment on behalf of the City and the City Secretary is hereby directed to affix this resolution, w~th the executed lease amendment attached, to the orlglnal airport lease agreement dated August 30, 1988, lnscrlbing on the original agreement the fact it has been amended and the effectlve date of such amendment. s~ That thls resolution shall become effective immediately upon its passage and approval. ~ PASSED AND APPROVED this the ~day of , 1994. ATTEST: BO~ CASTLEBERRY, MAYOy ~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 AGREEKBNT BETWEEN THE CXTY OF DENTON ~ AZR DENTONv INC. WHEREAS, certain real property upon the Denton Municipal Air- port was leased to Air Denton, Inc., a Texas corporation, by lease agreement dated August 30, 1988; and WHEREAS, the city of Denton and the Lessee desire to amend the lease agreement to provide for a new term of the lease, and to amend the fees to be paid by Lessee; NOW, THEREFORE, WITNESSETH: The City of Denton, Texas, hereinafter referred to as "Lessor" and Air Denton, Inc., hereinafter referred to as "Lessee" for and in consideration of the rents, covenants and conditions contained herein, do hereby mutually agree that the lease dated August 30, 1988, between the city of Denton and Air Denton, Inc. is amended as follows: 1. Article II, Section C. (Term) is hereby amended to read as follows: C. TERM: To have and hold the said premises together with all improvements, appurtenances, rights, and privileges thereunto belonging or in any wise appertaining, unto the sa~d Lessee for a term of years, beginning the date f~rst set out in this Agreement and ending August 30, 2009 (the prlmary term) unless so terminated on an earlier date under any other provisions of this Agreement. Lessor shall grant to Lessee the r~ght to extend the term of this Lease for an additional ten (10) year period from the date of expiration of said primary term, if Lessee shall complete construction of capital improvements, which are affixed to the leasehold premises, equal in value to at least $174,999.00 on or before August 31, 2003. 2. Article III, Section A. (Land Rental) is hereby amended to read as follows: A. LAND RENTAL: 1. Commencing October 1, 1993 and continuing through August 30, 1998, Lessee agrees it shall pay to the Lessor the sum of One Thousand Two Hundred ($1,200) Dollars per month for the use and occupancy of the premises. 2. Co~nencing September 1, 1998 and continuing through August 30, 2003, Lessee shall pay One Thousand Slx Hundred ($1,600) Dollars per month for the use and occupancy of the premises. However, if Lessee's fuel flowage for the year commencing September 1, 1997 through August 30, 1998, is more than 3610,000 gallons, then the monthly rental for said period shall be Two Thousand Six Hundred ($2,600) Dollars per month. 3. Commencing September 1, 2003 and continuing through August 30, 2009, Lessee shall pay Two Thousand six Hundred ($2,600) Dollars per month. However, if Lessee's fuel flowage for the year September 1, 2002 through August 30, 2003 is more than 450,000 gallons, Lessee shall pay Three Thousand ($3,000) Dollars per month. 4. (a) If: (1) Lessee has constructed improvements required by Article II. C. on or before September 1, 2003; and (2) Lessee exercises its option to extend the lease term for ten (10) years, then Lessee shall pay the following rental: Commencing September 1, 2009, and continuing through August 30, 2019, Lessee shall pay an "Adjusted Base Rental," calculated upon a "Base Rental." During this time, the "Base Rental" shall be Two Thousand Slx Hundred ($2,600) Dollars per month; provided that should Lessee have fuel flowage of more than 450,000 gallons for the year September 1, 2002 through August 30, 2003, the "Base Rental" shall be Three Thousand ($3,000) Dollars. As promptly as practicable after August 30, 2009, Lessor shall compute the percentage of increase, if any, in the cost of living during the period between August 30, 2008, AUgust 30, 2009, and thereafter, on August 30 of each year, based upon the changes in the Consumer Price Index for all consumers ("Consumer Price Index"). It is agreed that the last bimonthly Consumer Price Index Number published Just prior to August 30, 2009 (if available, else the last quarterly index) shall be called "Base Index Number". If the Consumer Price Index Number for August of any subsequent year (each such number being herein called an "Anniversary Index Number") is higher than the Base Index Number, then such Anniversary Index NUmber shall be divided bythe Base Index Number and from the quotient thereof shall be subtracted the higher one (1). The resulting number, multiplied by one hundred (100), shall be deemed to be the percentage of increase in the Base Rental. Such percentage of change shall be multiplied by the Base Rental and the product thereof shall be added to the Base Rental to determine the Adjusted Base Rental payable for the next one (1) year period commencing on the immediately preceding August 30. Smch Adjusted Base Rental shall be calculated in the above manner during each subsequent year. As an example, only, of the foregoing ad]ustment: PAGE 2 a. Assume Base Rental is $2600 per month, b. Assume Base Index Number is 200, c. Assume Anniversary Index Number on the anniversary date is 300, then based upon the foregoing, the Annual Base Rental shall be: Anniversary Index Number 300 = Base Index Number 200 = 1.5 - i = .5 X 100 = .50 = 50% 50% X 2,600 = 1,300 $1,300 + 2,600 = $3,900 Adjusted Base Rental In no event shall Lessee's "Adjusted Rental" ever be less than the "Base Rental" provided for herein (b) Lessor shall notify Lessee of the amount of the "Adjusted Rental" to be paid for each subsequent year of the lease at least ten (10) days prior to the beginning of each subsequent year. Lessee shall notify Lessor of any claimed error therein within ten (10) days after receipt of such notice. (c) For purposes of this section, "Consumer Price Index" means the Consumer Price Index For Ail Urban Consumers, CPI-U, (all items, published by the United States Department of Labor, Bureau of Labor Statistics 1984 = 100) published by the United States Department of Labor, Bureau of Labor Statistics or any successor to such agency. If publication by the agency is discontinued, CPI-U shall refer to comparable statistics with respect to the cost of living for all urban consumers published by any agency of the United States Government and mutually agreed to by Lessor and Lessee 3. Article III. (Fees), Sections B. (Hanger and Tie Down Fees), and C. (Fuel Fees) are hereby amended to read as follows: B. HANGAR AND TIE-DOWN FEES' From the commencement of this Lease and continuing through August 30, 2009, Lessee shall pay Lessor ten (10%) percent of all hangar and tie-down rental fees collected by the Lessee from customers renting Lessee's hangars or renting tie-down facilities on Lessee's premises each calendar month during the term of this lease. Commencing September 1, 2009 and continuing through August 30, 2019 Lessee shall pay Lessor eleven (11%) percent of such hangar and tie-down rental fees collected by the Lessee from customers renting Lessee's hangars or renting tie-down facilities on Lessee's premises each calendar month during the term of this lease. Ail rentals and fees shall be paid monthly to Lessor on or before the 15th day of each month during the term of this Lease. Ail such hanger rentals and PAGE 3 fees shall be accompanied by records showing the date and location on the Airport where the a~rcraft was hangared or parked and the tail number, or side number, of the aircraft. C. FUEL FEES: From the commencement of this Lease continuing through August 30, 2009, Lessee shall pay Lessor three percent (3%) of the wholesale price per gallon of all fuel delivered to the Lessee. Commencing September 1, 2009 and continuing through August 30, 2019, Lessee shall pay Les- sor five percent (5%) of the wholesale price per gallon of all fuel delivered to the Lessee. Ail fees shall be paid monthly to Lessor on or before the 1§th day of each month during the term of this agreement. Ail such fees shall be accompanied by records showing the time, date, number of gallons delivered and the name of the fuel supplier. 4. Article V (Insurance and Indemnity), Section A. (Insurance Requirements) is hereby amended to read as follows: A. INSURANCE REOUIREMENTS. Beginning on the effective date of this Lease, Lessee shall maintain continuously in effect at all times during the primary term of this Agreement and any extension thereof, at Lessee's expense, the following insurance coverages: 1. Comprehensive General Liability Insurance for Airports covering the leased premises, the Lessee, 1ts personnel and its operations on the Airport. The policy shall include, at a minimum, the following coverages and l~mlts: Products/Completed Operations $2,000,000 Personal and Advertising Injury 2,000,000 Each Occurrence Limit 2,000,000 Fire Damage 50,000 Medical Expense 1,000 Hangarkeeper's Liability Coverage Each Aircraft Limit 200,000 Each Occurrence Limit 500,000 2. Aircraft Liability Insurance, with minimum limits of $1,000,000 bodily injury, including death, and $250,000 property damage liability per occurrence, and to include Passenger Liability Insurance of $50,000 per seat. 3. F~re and extended coverage for replacement value for all facilities used by the Lessee either as a part of this Agree- ment or erected by the Lessee subsequent to this Agreement. 4. Lessee shall require each and every independent contrac- tor, sub-contractor, or sub-lessee who performs or provides any service or constructs any improvements on the leased pre PAGE 4 mises to have General Liability and Worker's Compensation Insurance prior to the start of any contracted work. If Les- see provides Lessor proof that worker's compensation insurance for flight instructor pilots is not reasonably available throughout Texas, the requirement for coverage shall be waived. Such coverage will be immediately obtained when reasonably available through the State plan or, if desired, through a commercial insurance carrier. Lessee may purchase and maintain in force standard contractor's insurance which will provide protection during such contract work. 5. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired, and non-owned vehicles with minimum limits of $500,000 per occurrence for bodily injury including death, and $100,000 per occurrence for property damage, such Insurance to include coverage for loading and unloading hazards. 6. Worker's Compensation Insurance as required by law with the policy endorsed to provide a waiver of subrogation as to the Lessor; Employer's Liability Insurance, Coverage B in the following amounts: (a) Bodily Injury by Accident - - $100,000 each accident (b) Bodily Injury by Disease - - - $100,000 each employee (c) Bodily Injury by Disease - - - $500,000 policy limit 7. For purposes of Subsections 4 and 6 hereof, it shall be unreasonable for Lessee to obtain, or require 1ts sub-lessees, licensees or contractors to obtain, worker's compensation insurance coverage for flight instructors if the cost of such Insurance per flight instructor exceeds the cost (on a percentage of payroll basis) of such insurance coverage for any other worker on the leased premises. 8. All policies shall name the City of Denton as an addition- al insured and provide for a minimum of thirty (30) days written notice to the city prior to the effective date of any cancellation or lapse of such policies. 9. Ail policies must be approved by the Lessor. 10. Lessee shall furnish Lessor a copy of all such policies. In all other respects, the terms and conditions of the lease agreement entered into between Lessee and Lessor on August 30, 1988 shall continue to be in full force and effect. PAGE 5 IN WIT~S,WHEREOF, ne parties have executed this Agreement as of the_~__~_~_ day of _.~2~M~_~ , 1994 to be effective upon its execution. CITY OF DENTON, TEXAS, LESSOR ATTEST: iOB' CASTLEBERRY, MAY~ ~ JENNIFER WALTERS, CITY SECRETAR DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 6 STATE OF TEXAS COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Bob Castleberry, Mayor of the city of Denton, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknow- ledged to me that the same was the act of the said city of Denton, Texas, a municipal corporation of the State of Texas, and that he executed the same as the act of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. ~VEN UNDER MY HAND AND SEAL OF OFFICE, thls the ~ day '1~, ELIZAI~gTH J WILLIAJ~ PUBLIC My co~isslon expires: STATE OF TEXAS § COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Jim Huff, President of Air Denton, Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Air Denton, Inc., a corpor- ation of the State of Texas, and that he executed the same as the act of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the-- ~ day of~ . ~ , 1994. ~IV-~3 OTARYPUBLIC NOTARY PUBZIC, OF TEXAS PAGE 7 E \MPDOC$\RES\~SC RESOLOTIO. NO. MENTS BY THE CITY MANAGER OF CHARLDEAN NEWELL, JANA BATES AND DENNIS STEPHENS TO THE DENTON CIVIL SERVICE COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager having appointed Dr. Charldean Newell to the civil Service Commission for a term to expire May 31, 1997, Mr. Dennis Stephens to the civil Service Commission to serve for the remainder of the term of office of Frank Davila, through May 31, 1996, and Ms. Jana Bates to the Civil Service Commission for a term to expire May 31, 1995; and WHEREAS, TEX. LOCAL GOV'T CODE ANN. §143.006(b) (Vernon, 1988) provides that the Commission shall consist of three members appointed by the municipality's Chief Executive and confirmed by the governing body of the municipality; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the City Council confirms the City Manager's appointments of the following persons to the Denton clvil Service Commission to serve for the following terms of office, or until their successors are appointed, confirmed, and qualified: Dr. Charldean Newell June, 1994 through May 31, 1997 Dennis Stephens June, 1993 through May 31, 1996 Jana Bates June, 1992 through May 31, 1995 ~ That this resolution shall become effective ~mmediately upon ~ts passage and approval. PASSED AND APPROVED this thej/~ day of , 1994. JENNIFER WALTERS, CITY SECRETARY BY: APP O~D AS~ LEGAL FORM: DEBR~ A. DRAYOVITCH, CITY ATTORNEY E \~PDOCS\RE$~ABATE TAX RESO TION NO. ADOPTING A POLICY FOR TAX ABATEMENT FOR THE CITY: AND DECLARINGAN EFFECTIVE DATE. WHEREAS, the city Council desires to promote economic develop- ment within Denton; and WHEREAS, providing tax abatement and other economic development incentives within the City and its extraterritorial jurisdiction will likely contribute to the economic development of Denton by en- couraging major investment and the creation of jobs; and WHEREAS, the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, allows a City to establish its own criteria for tax abatement and the City has done so by adopting guidelines in Resolution No. 90-018; and WHEREAS, TEX. TAX CODE ANN. §312.002 (c) provides that such guidelines are effective for a period of two (2) years and the city Council now wishes to re-establish the guidelines; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the policies, guidelines and criteria found in the "Denton Policy for Tax Abatement" a copy of which is attached hereto and incorporated herein for all purposes as though recited verbatim, are in all things approved and adopted. ~ That pursuant to §312.002 (c) of the Texas Tax Code, the guidelines and criteria adopted herein shall be effective for two years, during which period the guidelines may be amended or repealed by a vote of three fourths of the members of the Council. ~ That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this theJ/~day of ~~__, 1994. ATTEST~ JENNIFER WALTERS, CITY SECRETARY APPROVED AUTO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 Exhibit "A" DENTON POLICY POR TAX ABAT]~ENT I. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City), the Denton Independent School District (DISD) and Denton County are committed to the promotion of high quahty development m all parts of the city and to an ongoing improvement in the quality of hfe for its citizens Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Denton, DISD, and Denton County, will on a case-by-case basis, give consideration to providing tax abatement as a stimulation for econonnc development in Denton It IS the pohcy of the City and DISD tlmt said consideration will be provided in accordance with the procedures and criteria outlined in this document Nottnng herein shall imply or suggest that the City, DISD or Denton County are under any obligation to provide tax abatement to any applicant. All applicants shall be considered on a case-by-case basis Tax inducements, as described in this pohcy, will be conmdered for new, expanding and modermzmg basic industries, corporate office headquarters and distribution centers. II CRITERIA Any request for a tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee being comprised of two elected offlcmls from each of the taxing entities involved. One additional staff person from each jurisdiction shall be appointed to serve as a nonvoting, ex officio member of the committee The Joint Committee on Tax Abatement serves as a recommending body to the taxing entrees regarding whether economic development incentives should be offered in each individual case. Their recommendation shall be based upon an evaluation of the following criteria which each applicant will be requested to address in narrative format 1. History and Plnlosophy of the hrm a) Nature of products and geograplnc penetration b) Financial statements for past five years or hfe of firm wtnchever is shorter c) Chronolo~ of plant opemngs, closings, & relocations over past 15 years d) Record of mergers and financial restructumng during last five years e) Record of employment and trmmng provided for handicapped and chronically unemployed 2 Project Specifications: a) Provide plat of project including ail roadways, land use and zorang wttlnn 500 feet of site Legal description of site is required b) Is the project a relocation or new famhty to expand operations If relocation, g~ve current location. c) Project investment in real and personal property at the above site for each of the next ten years. d) Project permanent employment for next ten years resulting from the new investment Indicate number of jobs that will be filled by people from outside the metroplex Include estimated average annual salary on new lobs e) What is the total current payroll and the projected payroll when prolect is completed f) Describe employment training requirements including provisions for training handicapped and chronically unemployed if applicable. g) Project utihty (gas, electricity, water, etc ) usage for each of next ten years. h) Estimate the infrastructure (streets, sewer, water, etc ) requirements necessary to operate the new faclhty i) Estimate the annual operating budget for next ten years. j) Will the occupants of the prolect be owner or lessees~ If lessees, are occupancy com~tments already existing~ k) Give the name, address, and telephone number of contact person. 3, The community impact of the project' a) Project the value of real and personal property that will be added to the tax rolls. 2 b) Using current rates estimate the additional taxes that w~ll be directly generated by the project without considering any proposed abatement for each of the affected taxing entities for each of the next ten years c) For each taxing entity indicate the amount of tax abatement requested for each of next ten years d) Estimate the increase in investment in other local businesses resulting from the project for the next ten years e) Estimate the increased housing needs in the area resulting from the project for ten years. f) Estimate the increase in the tax rolls for each taxing entity for the next ten years g) Estimate the infrastructure construction that would be required because of the g~owth resulting indirectly from the project h) Provide the specific detail of any businesses/residents that w~ll be displaced and assistance that w~ll be available from the requesting entity 1) Estimate the inorease in students by grade level resulting from the project including the multipher effect (indirect growth) for the next ten years Show the increase for each impacted school district j) Provide description of any historically significant area included w~th~n the project's area If any, g~ve detail of how the historically significant area will be preserved k) Provide information of any detrimental effect on existing businesses, recreational areas, and residential area 1) Provide details of any benefit to an area of the commumty targeted for revitalization/redevelopment. III VALUE OF INCENTIVES The criteria outhned in Seetion II will be used by the Joint Comnuttee on Tax Abatement in determining whether or not it is in the best interests of the affected taxing entitles to reoommend that tax abatement be offered to a particular facihty. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community, as well as the relative impact of the project. New, expanding and modernizing businesses will be ehglble for abatement if the minimum threshold, as described below, is met Once a determination has been made that a tax abatement should be offered, the value and term of the abatement will be determined by referencing the following table TABLE 1 Establishes maximum length of abatement according to assessed real property value of improvements and personal property MAXIMUM MAXIMUM VALUE OF STRUCTURE YEARS OF PERCENTAGE OF AND PERSONAL PROPERTY ABATEMENT ABATEMENT 100 10 25% 80 9 25% 65 8 25% 50 7 25% 35 6 25% 20 5 25% 15 4 25% 10 3 25% 5 2 25% If an existing business is located wltinn the boundaries of the participating lurmdletions and decides to expand or relocate w~tinn such boundaries, the actual value of the structure shall be multiplied by 125% prior to utilizing Table 1 If the expanding or relocating business is abandoning any property or improvements wltinn the ]urmdlctlons, the value of tins abandoned property shall be subtracted from the new value figure prior to multiplying the value by 125% The tax abatement shall not apply to any portxon of the land value of the project Apphcants agreeing to extend infrastructure improvements (streets and ut~htles) to improve other industrial sites winch can be marketed by the Chamber of Commerce Eeonormc Development Director may be ehguble for a greater tax benefit than those described above by utilizing tax increment financing procedures The offering of such an inducement will be evaluated on a case-by-case basis dependent upon the apphcant's ablhty to make available improved industrial sites 4 Pl'elimtnnl'~ Alophoatlon IV. PROCEDURAL GUIDELINES Any person, orgarazatlon or corporation desiring that the C~ty or DISD consider providing tax abatement to encourage location or expansion of fac~ht~es within the hunts of the jurisdictions shall be required to comply with the following procedural guidelines Nothing within these guidehnes shall ~mply or suggest that either the C~ty, or DISD, is under any obligation to provide tax abatement to any apphcant A Applicant shall complete the attached "Applicat~on for Tax Abatement" B. Applicant shall address all criteria outlined in Section II above in narrative form C. Applicant shall prepare a map showing the precise location of the property and all roadways within 500 feet of the s~te. D. If the property is described by metes and bounds, a complete legal description shall be provided. E Apphcant shall complete all forms and mformat~on detailed in ~tems A through D above and submit them to the City Manager, City of Denton, 215 E McKinney, Denton, TX 76201 Application Review Steps F All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. G. The application will be distributed to the appropriate City and DISD departments for internal review and comments Addmonal information may be requested as needed. H. Copies of the complete apphcatlon package and staff comments will be provided to the Joint Committee on Tax Abatement 5 Consideration of the Application I The Joint Committee on Tax Abatement w~ll consider the application at a regular or called meeting(s) Additional reformation may be requested as needed J The recommendation of the Joint Comnnttee on Tax Abatement w~ll be forwarded, with all relevant materials, to the ethel adunrnstratlve office of each taxing entity. K. The City Council of Denton may consider a resolution calling a public hearing to consider establishment of a tax relnvestment zone L The City Council of Denton may hold the pubhe hearing and deter~rane whether the pro3ect is "feasible and practical and would be of benefit to the land to be included in the zone and municipality." Special consideration shall be given to pohcies noted in the Denton Development Plan when designating a tax reinvestment zone M. The City Council of Denton may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone N. The City Council may conmder adoption of a resolution approwng the terms and conditions of a contract between the City and the appheant goverrnng the p~ovision of the tax abatement and the commitments of the applicant Should the commitments subsequently not be satisfied, the tax abatement shall be null and void, and all abated taxes shall be pard immediately to the City of Denton and all other taxing Jurisdictions participating in the tax abatement agreement Provisions to this effect shall be incorporated into the agreement. O. The governing bodies of the various taxing entities may consider ratification of and participation in the tax abatement agreement between the City of Denton and the applicant 8 Any tax abatement agreement w~ll address various issues, including, but not limited to, the following 1. General description of the project, 2. Amount of the tax abatement and percent of value to be abated each year, 3. Method of calculating the value of the abatement, 4. Duration of the abatement, Including commencement date and termination date, 5. Legal description of the property, Kind, number, location and timetable of planned improvements; 7. Specific terms and conditions to be met by applicant, 8. The proposed use of the facility and nature of construction, 9. Contractual obligations in the event of default, violation of terms or conditions, dehnquent taxes, recapture, admintstratton and assignment ~Ann~l Evahl~tioll Upon completion of constl, uotion, the Joint Committee on Tax Abatement shall annua11~r evaluate each facility receiving abatement to insure comphance w~th the agreement and report possible violations of the agreement to the taxing entities T~.~n~fer o~' Assil~nment A contract for tax abatement may be transferred or assigned by the original apphcant to a new owner upon the approval of the various taxing jurisdictions after such a recommendation is made by the Joint Committee on Tax Abatement APPENDIX A Defimtaons A ~Abatement~ means the full or partial exemption for ad valorem taxes of eligible properties in a relnvestment zone designated as such for eeononuc development purposes B "Alp, cement" means a contractual agreement between a property owner and a taxing ]urisdiction for the purpose of tax abatement C "Basic lndustldee" are defined in the Denton Development Plan as those which p~'oduce goods or services at least 51% of which are directed to serve people outside of the City of Denton and are listed in the Standard Industrdal Classification (SIC) of the Department of Commerce, except for iToups 52-59 under retail trade. D. "Exp--ston" means the addition of buildings, stmictures, fixed machinery, or equipment for the purpose of inoreasing production capacity E "Facility" means property improvements completed or in the process of construction which together oomprise an inteiTai whole. F. "Joint Committee on Tax Abatement" is a ~l'oup of representatives from Denton County, the City of Denton, and the Denton Independent School District formed to study and evaluate any proposal regarding the offering of tax abatements w~thin the commumty. The Comnuttee w~ll consist of two elected ~epresentativee fl, om each governmental entity and one staff member from each entity. The staff members shall serve as nonvoting, ex officio members. G "Modelmiaation" means the replaeement and up~l-adtng of existing facilities which inoreases the productive input or output, updates the technolog%'~ or substantially lowers the unit cost of operation, and extends the economic life of the facility Modernization may result from the construction, alteration, or 1 installation of buildlnt~s, structures, hxed macinnery, or equipment It shall not be for the purpose of recondlt~omng, refurb~sinng, repmrmg, or completion of deferred maintenance. H "New fac~hty" means a property previously undeveloped winch ~s placed ~nto service by means other than expansion or modernization I "Reinvestment Zone" is an area designated as such for the purpose of tax abatement as authorized by Subchapter B, Mumclpal Tax Abatement, T~tle 3, Local Taxation, Vernon's Texas Codes Annotated J "Tax lno~ement ft-R-'"-E" ~s the use of some or all of increased property tax revenue resulting from the redevelopment of an area to finance development-related costs in that district Tax increment financing d~wdes tax revenue from the area into two categories. Taxes on the predevelopment value of the tax base (the tax increment base) are kept by each taxing body, while some or all of the taxes from the increased value of property resulting from redevelopment (the tax increment) ave deposited by each jurisdiction m a tax movement fund. Money in the tax increment fund is used to repay TIF-backed bonds that are issued to finance public ~mprovements in the redevelopment area. 2 APPLICATION FOR TAX ABATEMENT 1 Property Owner Maihng Address Telephone Number 2. Property Owner's Representative Mailing Address Telephone Number 3 Property Address Property Legal Description (Provide attachments if by metes and bounds) 4 Located within City of Denton D.I S.D Denton County 5 Description of Project. 6. Date projected for occupancy of project/imtmtlon of operaUons' 7. Narrative response to c~iteria questions in Section II attached Yes No Comments. TAAPLI ~ \~PDOC$\RES\GEORG~A PAC A RESOLUTION OF THE CITY OF DENTON, TEXAS NOMINATING GEORGIA- PACIFI~ CORPORATION AS AN ENTERPRISE PROJECT; AND PROVIDING AN EFFECT~iVE DATE. WH]~REAS, the Texas Department of Commerce ("Commerce") desig- nated )enton Enterprise Zone II (the "Zone") on June 21, 1990; and WHi~REAS, Commerce will consider Georgia-Pacific Corporation as an ent.~rprise project pursuant to a nomination and an application made b the City of Denton, Texas (the "city"); and WHEREAS, the city desires to ~ursu~ t~e c~e~tion.~f the proper economic and social environment in or,er =o ~n~uce =ne investment of pri~ate resources in productive business enterprises located in the Zone and to provide employment to residents of the Zone and to other ~conomically disadvantaged individuals; and WHEREAS, pursuant to Section %0 of the Texas Enterprise Zone Act, ~ex. Rev. Civ. Stat. Ann. ar= 5190 7 (the "Act"), Georgia- Pacific Corporation has applied to the C~ty for designation as an enterprise project; and W~EREAS, the city finds that Georgia-Pacific Corporation meets the crliteria for designation as an enterprise project under Section 10(c) Iof the Act on the following grounds~ 1. G~orgia-Paciflc Corporation is a "qualified bus~ness" under section 3(a)(10) of the Act since it will be engaged in the aOtive conduct of a trade or business in the Zone and at l~ast twenty-five percent (25%) of the business' new employees will be residents of a Zone within the City's j~risdiotlon or economically disadvantaged individuals; G~orgia-Paciflc Corporation is located in the Zone, which 2. ~S an unemployment rate of not less than one and one-half 1/2) times the state unemployment rate; 3. T~ere has been and will continue to be a h~gh level of co- operation between public, private, and neighborhood eptities within the Zone; and 4. The designation of Georgia-Pac~fic Corporation as an enter- prise project will contribute significantly to the achieve- ment of the plans of the city for development and revital- ization of the Zone. WHEREAS' the City finds nominates Georgia-Pac~fic Corporation on th~ grounds that it will be located wholly within the Zone, and w~ll icreate a higher level of employment, economic activity and stability; and E \~PDOCS\RE~\RATE TU RESOLUTION NO. ~~_~ A RESOIUTION OF THE CITY OF DENTON, TEXAS SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED NEW RATE SCHEDULES AND SERVICE REGULAqIONS OF TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING THAT THE RA~E SCHEDULES AND SERVICE REGULATIONS OF SAID COMPANY SHALL REMAIN 'UNCHANGED DURING THE PERIOD OF SUSPENSION; PROVIDING FOR NOTICE iHEREOF TO SAID COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH T~IS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, AND PROVIDING FOR AN EFFECTIVE DATE. ~EREAS, Texas Utilities Company heretofore, on June 6, 1994 filedWith the City Council of the City of Denton, its Petition and statement of Intent, together with 1ts rate filing package, proposing to change 1ts rate schedules and service regulations within the city of Denton, Texas, effective on July 11, 1994; and ~[EREAS, in order to allow sufficient time for the consider- atlon ~f the data filed by said Company, it 1s the desire of the city C~uncil of the city of Denton to suspend, pursuant to Sec- tlon 41 (d) of the Public Utility Regulatory Act, the proposed effect..ve date of said proposed changed rate schedules and ser- vice r~gulations for a period of 90 days from July 11, 1994; NOW THEREF~,)RE, THE CO~JNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~~ That in order to allow the city sufficient time to analyze and prepare for hearing and dec~slon on the requested new se.~ices, the effective date of the proposed changed rate schedules and service regulations of Texas Utilities Electric Company are hereby suspended for a period of 90 days from July 11, 19~4, or until midnight, October 8, 1994. ~ That the rate schedules and service regulations of Tex~s Utilities Electric Company w~thln the C~ty of Denton, Texas ~n effect on June 6, 1994, shall continue in force during the peNiod of suspension as provided in Section I here~n. ~ That the City Secretary is hereby directed to del~ver a copy of this resolution to Texas Utilities Electric Company promptly after the passage hereof. b9-1-1r A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT~ AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of John McGrane, a member of the Board of Managers of th~.~Denco 9-1-1 District, will expire on August 30, 1994; 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 ~f DeNton, Texas wishes to nominate a member to said Board; NOW', THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: __~_~at the City of Denton, Texas hereby nominates as a member to the Board of Managers of the"Emergency Communication'District of Denton County for a two year term to commence September 1, 1994. ~. That this resolution shall become effective im- mediately upon its passage and app.. PASSED AND APPROVED this the~' day of ~~----, 1994. / BdB CASTLEBERRY, ~R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~ APPROVED AS TO LEGAL FORM: DEBRAIA. DRAYOVITCH, CITY ATTORNEY E \gPDOCS\RE$\SPRINKLE CT A RESOLUTION OF THE CITY OF DENTON, TEXAS IN SUPPORT OF THE DENTON COUNTY COURTHOUSE-ON-THE-SQUARE SPRINKLER SYSTEM GRANT APPLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Denton has always been responsive to the needs of its citizens and the many tourists who pass through the Courthouse-on-the-Square; and WHEREAS, the Courthouse-on-the-Square is also used for many civic organizations as a place for the community to meet and hold public forums and town hall meetings; and WHEREAS, the Courthouse-on-the-Square is the cornerstone of the city of Denton Historical District and the Main Street Program, making it advantageous for businesses to locate in the central area of the city; and WHEREAS, the installation of a sprinkler alarm system in the Courthouse-on-the-Square is the most effective tool in detecting, and controlling a fire, making it possible to protect both the citizens of the city of Denton and those tourists from virtually all parts of the world travelling our Texas Highways who vlslt the Courthouse-on-the-Square; and WHEREAS, the Denton County Commissioners' Court is responsible for the maintenance and operations of the Courthouse-on-the-Square, and should be commended for their restoration and Initiative ~n maintaining the beauty and history of the Courthouse-on-the-Square; and WHEREAS, the preservation and safety of the Courthouse-on-the- Square ~s of the utmost importance to the City of Denton, the Com- missioners' court, the Denton County Historical Commission, and the Denton County Historical Museum; and WHEREAS, the devastation suffered by the loss of the Hill County Courthouse due to the ravages of fire in 1993 is a tragedy everyone would prefer to prevent; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the City of Denton does hereby support, endorse and commend the efforts of the Denton County Commissioners' Court, the Denton County Judge, Members of the Historical Museum and the Denton County Historical Commission to seek beneficial methods to enhance the preservation of the Courthouse-on-the-Square and the safety of both the c~tlzens of the City of Denton and the numerous tourists who visit the Courthouse-on-the-Square. ~ That the possible loss of the Courthouse-on-the- S~are would not only be disruptive to the daily tasks of County government, but would also be a great loss to the co,unity. ~ That the Council strongly urges and endorses the Installation of an automatic sprinkler system in the Courthouse-on- the-S~are to enhance the County's ability to detect and control a possible disaster by fire. ~ That this resolution shall become effective i~ed- lately upon its passage and approval. ~ PASSED ~D APPROVED this the ~day of , 1994. BOBOAST Y, ATTEST: JENNIFER WALTERS, CITY SECRETLY ~ APPROVED A~TO LEGAL FO~: DEB~ A. D~YOVITCH, CITY ATTO~EY PAGE 2 E \~DOCS\RES\NUN JUD ESO'.OTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING SANDRA WHITE AS CITY JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERMS OF EMPLOYMENT; ESTABLISHING TERMS OF OFFICE FORMUNICIPAL JUDGES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint a city Judge to handle the ]udicial functions of the Municipal Court; and WHEREAS, Ordinance No. 94-014, adopted pursuant to TEX. GOV'T CODE §30.982 (Vernon Supp. 1994) provides that the governing body of the City shall appoint the Municipal Judge of the city of Denton Municipal Court of Record; and WHEREAS, TEX. GOV'T CODE Chapter 30, Subchapter Y (Vernon Supp. 1994) provides that municipal judges shall serve for a term of office, and the Council wishes to establish a term of office for each municipal judge; and WHEREAS, the city Council wishes to establish staggered terms of office for the municipal judge and the assistant ]udges to provide for continuity and efficiency in the operation of the Municipal Court; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the term of office for the municipal judge shall be two years. That the term of office for the assistant judges shall initially be one year and thereafter, the term of office for the assistant municipal Judges shall be two years. ~ That Sandra White is hereby appointed as City Judge of the Municipal Court of Record of the city of Denton, Texas for a two-year term of office to commence August 1, 1994 and terminate at midnight July 31, 1996. ~y~ That the Mayor is authorized to execute a con- tract with Sandra White, providing for her terms of employment, a copy of which is attached hereto and incorporated by reference herein. ~ This resolution shall become effective immediately upon its passage and approval. PASSED MD APPROVED this the c~day of ~, 1994. BOB CASTLEBE~Y, ~YO~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETLY APPROVED AS TO LEGAL FO~: DEB~ A. D~YOVITCH, CITY ATTO~EY PAGE 2 ~MPLO~E~T ~REEMENT THIS ~REEMENT, made and entered into this 21st day of July, 1994, by and between the City of Denton, Texas, a Municipal Cor- poration of the State of Texas, hereinafter referred to as "City", and Sandra H. White, hereinafter referred to as "Municipal Judge". WITNESSETHI 1. city does hereby agree to employ Sandra H. White for a period of two (2) years, beginning on the 1st of August, 1994, and continuing through midnight, July 31, 1996, at an annual salary of $53,851.20, annual deferred compensation contribution of at least four percent (4%) of the annual salary and the same benefits provided regular full time City employees. 2. City does hereby agree to review the Municipal Judge's compen- sation on an annual basis at the time her performance is reviewed by the City Council. 3. The Municipal Judge agrees that she will perform the duties of the Municipal Judge set forth in the Municipal Judge job description, a copy of which is attached hereto, and incorpo- rated herein as Exhibit "B". 4. The Municipal Judge shall devote full time to the duties of the office as necessary in accordance with Texas Government Code §30.986, or its successor provision, as same may be modified from time to time. 5. The City hereby agrees to budget for and pay for travel and subsistence expenses for professional and official development to adequately pursue necessary official and other functions for the City, including, but not limited to, the Texas Bar Conven- tion, Texas Municipal Judge's Association and training semi- nars, regional, state, local, legal or governmental groups and committees thereof which she serves as a member 6. The city also agrees to budget for the Municipal Judge's travel and subsistence expenses for short courses, Institutes and seminars that are necessary for her professional development, and for the good of the city of Denton. 7. The City agrees to budget and pay the professional dues and subscriptions necessary for the Municipal Judge's continuation and full participation, including the holding of responsible offices in national, regional, state and local associations and organizations necessary and desirable for her continued professional participation, growth and advancement, and for the good of the city of Denton. 8. The city agrees to pay the Municipal Judge's relocation expen- ses to Denton, Texas, should the Municipal Judge locate to the city of Denton. 9. During the duration of this Agreement, the Municipal Judge shall comply with all provisions of the Code of Judicial Con- duct, the Denton city Charter, Chapter 30 of the Texas Govern- ment Code, Subchapter Y, and all other applicable laws pertaIn- ing to the operation of the Denton Municipal Court of Record, and her duties as a Magistrate. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 10. The city may remove the Municipal Judge from office during her term pursuant to and in accordance with the requirements of §30.987(c) of the Texas Government Code, or its successor, as same may hereafter be amended. This Agreement represents the entire and integrated Agreement between City and the Municipal Judge, and supersedes all prior negotiations and representations and/or contracts either written or oral. This Agreement may be amended only by written instrument signed by both the city and the Municipal Judge. The Municipal Judge further states that she has carefully read the foregoing Agreement, and knows the contents thereof, and signs the same as her own free act. IN WITNESS WHEREOF, city has caused this Agreement to be signed in its name by Bob Castleberry, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Muni- cipal Judge has hereunto set her hand and seal the day and year first above written. MUNICIPAL JUDGE CITY OF DENTON, TEXAS SANDRA H. WHITE B CASTLEBERRY, MA~ / ATTESTs JENNIFER WALTERS, CITY SECRETARY EMPLOYMENT AGREEMENT - Page 2 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: E \NPDOCS\K\&UDGE5 K EMPLOYMENT AGREEMENT - Page 3 APPROVAL DATEs~ REVISION DATEs PAY GRADEs ~? DEPARTMENTs Leoal DIVISIONs JOB TITLEs~~ud°e JOB NUMBERs JLiO TITLE OF IMMEDIATE SUPERVISORs ~itv Council Presides over trials and renders Judgments for misdemeanor violations, violations of city ordinances, traffic violations and any other cases within the Jurisdiction of the Municipal Court. Authorizes issuance of search, arrest, inspection and mental warrants. Arraigns prisoners, sets bonds, reviews fines, and issues magistrates warnings. Oversees scheduling of all oases and activities of the Court Evaluates cases with defendants and their attorneys Maintains court records as required by Texas State Law. Provides information to attorneys and citizens regarding warrants, appeals, and hearing dates and locations Develops new programs for court processing Communicates and develops goals for the upcoming year Counsels with youth and parents. Administers programs in conjunction with the City Attorney, Police and Court clerks. Establishes and administers the organization, policies and priorities for the department. Develops and recommends to tbs City Manager and council the annual and long-range plans for the Municipal Court. Prepares and submits the annual budget request for the department to the City Manager and city Council. Monitors all expenditures for the department. Performs a full scope of supervisory responsibilities including recruitment, selection, hiring, counseling and evaluation of employees. Performs other related duties as directed by City Council or in accordance with State law. EXHIBIT B Mercer/AAAOlSFE ~JNICIPAL COURT JUDGE Revised~ paae 2 of 2 MINIMUM OUALIFICATIONS~ o Juris Doctor (JD degree). o Two years experience in the practice of law in the state of Texas. o Certification, membership in the State Bar of Texas. o License to practice law in the state of Texas. o Availability to be called on to issue warrants at unusual hours. o Valid Texes Class C driver's license. Mercer/AAAO18FB E \~PDOCS\RES\ASST JUD RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEX~S APPOINTING ROBIN Pd~_t, ISAY ~RD T,~qYA COOPER AS ASSISTANT CITY JUDGES FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR THEIR TERMS OF OFFICE; ESTABLISHING FEES FOR PAYMENT FOR THEIR SERVICES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Sectlon 6.03 of the Charter of the city of Denton authorizes the City Council to appoint Assistant city Judges to handle the judicial functions of the Municipal Court of Record in the absence of the City Judge; and WHEREAS, Ordinance Number 94-014, adopted pursuant to TEX GOV'T CODE §30.982 (Vernon Supp. 1994) provides that the governing body of the City shall appoint assistant judges as it deems necessary; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: S~CTION I. That Robin Ramsay is hereby appointed as an Assistant City Judge of the Municipal Court of Record of the City of Denton, Texas for a one-year term of office to commence August 1, 1994 and terminate at midnight July 31, 1995. SECTION II. That Tanya Cooper is hereby appointed as an Assistant city Judge of the Municipal Court of Record of the City of Denton, Texas for a one-year term of office to commence August 1, 1994 and terminate at midnight July 31, 1995. SECTION III. That the Mayor is authorized to execute contracts, copies of which are attached hereto and incorporated by reference herein, providing for the terms of their employment. S~¢~ION IV. This resolution shall become effective on the 1st day of August, 1994. APPROVED this the c~day of ~ , 1994. PASSED AND JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY CONTRACT FOR SERVICES THIS CONTRACT, made and entered into this 21st day of July, 1994, by and between the City of Denton, Texas, a Municipal Cor- poration of the State of Texas, hereinafter referred to as "City", and Tanya Cooper, hereinafter referred to as "Assistant Judge". WZTNESSETHI 1. City does hereby contract for the services of Tanya Cooper for a period of one (1) year, beginning on the 1st of August, 1994, and continuing through midnight, July 31, 1995, at the follow- ing compensation: (a) COURT SESSIONS AND JAIL ARRAIGNMENTS - Time to be billed at $25.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. (b) QFFICE HOURS/PRE /%ND POST COURT SESSION PREPARATION - Time to be billed at $25.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. (c) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - Time to be billed at $25 00 per hour with time over thirty (30) minutes billed as one (1) hour Travel time to and from the meeting place shall not be included as billable time. (d) ~%NDATORY JUDICIAL EDUCATION TRAINING - City shall reim- burse or pre-pay the travel, meals and registration costs incurred by the Assistant Judge in attending this statutory required training in accordance with the city's Travel Reimbursement Policy. (e) ~RIMINBL LAW/%ND EVIDENCE SEMINAR - City shall reimburse or pre-pay the travel, meals and registration costs, up to Three Hundred Dollars ($300.00), in accordance with the city's Travel Reimbursement Policy, incurred by the Assis- tant Judge in attending this type of continuing legal education seminar. The Assistant Judge agrees to render services at the aforemen- tioned compensation terms. The Assistant Judge is responsible for maintaining accurate and complete time records, setting forth the date, description of services rendered, the time incurred in rendering such services, and the amount billed to City. Such time records shall be submitted to the Municipal Judge for review on a bi-weekly basis, and on the same date as required for City personnel payroll. Payment will be processed and paid in accordance with the City's payroll schedule, city will allow the Assistant Judge to direct payment to the finan- cial institution of her own choosing. No additional benefits beyond the stated compensation will be provided. 2. The Assistant Judge will receive assignments and work schedules within the discretion of the Municipal Judge or her designee. The Assistant Judge shall be available to perform and shall perform if directed, the duties as stated in the Assistant Judge Job Description attached hereto and incorporated herein as Exhibit "B". 3. The Assistant Judge shall not take on representation of a client adverse to the city of Denton. The Assistant Judge shall not represent a client in a case where an employee of the city of Denton, in his capacity as an employee of the City of Denton is a witness or may be summoned to appear as a witness. 4. During the duration of this Contract, the Assistant Judge shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30 of the Texas Government Code, Subchapter Y, and all other applicable laws pertaining to the operation of the Denton Municipal Court of Record, and her duties as a Magistrate. In the event of a conflict between the terms of this Contract and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 5. The City may remove the Assistant Judge from office during her term pursuant to and in accordance with the requirements of §30.987(c) of the Texas Government Code, or its successor, as same may hereafter be amended. This Contract represents the entire and integrated Contract between City and the Assistant Judge, and supersedes all prior negotiations and representations and/or contracts either written or oral. This Contract may be amended only by written instrument signed by both the City and the Assistant Judge. The Assistant Judge further states that she has carefully read the foregoing Contract, and knows the contents thereof, and signs the same as her own free act. IN WITNEB8 WHEREOF, City has caused this Contract to be signed in 1ts name by Bob Castleberry, Mayor, and its corporate seal to be hereunto affixed and attested by its city Secretary, and the Assis- tant Judge has hereunto set her hand and seal the day and year first above written ASSISTANT JUDGE CITY OF DENTON, TEXAS ASSISTANT JUDGE CONTRACT - Page 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY E \U~DOCS\[\COO~EE~, [ ASSISTANT JUDGE CONTRACT - Page 3 APPROVAL DATE~ REVISION DATEs PAY GRADE. DEPARTMENTs Lecal DIVISION~ JOB TITLE. ~sistant Municioal court Judoe JOB NUMBER TITLE OF IMMEDIATE SUPERVISOR~ Job SUMMARY~ Under the administrative direction of the city Council, presides over Municipal Court sessions and functions as a magistrate to administer Justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the Jurisdiction of the Municipal Court o performs Municipal Judge and Magistrate duties as outlined in Texas State Law, and az scheduled by the Municipal Court Judge o Presides over trials and renders Judgments for misdemeanor violations, violations of city ordinances, traffic violations and any other cases within the Jurisdiction of the Municipal Court o Authorizes issuance of warrants, summons, magistrate warnings, etc. o Arraigns prisoners, sets bonds, reviews fines, and accepts pleas. o Facilitates efficient disposition of cases and other matters connected with proper processing of paperwork through the Court Clerks Office. o May be assigned to sit and perform all functions that would normally be performed by the Municipal Judge as needed o Performs other related duties as directed by City Council and the Municipal Judge, in accordance with State law. M~iMUM OUALIFICATIONS~ o Juris Doctorate from an accredited institution o License to practice law in the state of Texas (and be in good standing). o United States citizen. o Resident of the state of Texas. o Valid Texas Class C driver's license COnDITiON OF EMPLOYMENT~ o Will be required to preside over most evening court dockets and any other dockets as assigned by the Municipal Judge. o Must be available to he called on to perform duties at unusual hours, including evenings, weekends and holidays PREFERENCE FOR EMPLOYMENTs O May be given to person with experience in the practice of criminal law. Mercer/AAA024C7 EXHIBIT B CO~TI~CT FOR SERVICES THIE CONTRACT, made and entered into this 21st day of July, 1994, by and between the City of Denton, Texas, a Municipal Cor- poration of the State of Texas, hereinafter referred to as "city", and Robin A. Ramsay, hereinafter referred to as "Assistant Judge". MITNESSETH~ 1. City does hereby contract for the services of Robin A. Ramsay for a period of one (1) year, beginning on the 1st of August, 1994, and continuing through midnight, July 31, 1995, at the following compensation: (a) ~QVRT SESSIONS AND JAIL ARRAIGNMENTS - Time to be billed at $25.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. (b) OFFICE HOURS/PRE/~ND POST COURT SESSION PREPARATION - Time to be billed at $25.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. (c) ~-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - Time to be billed at $25.00 per hour with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the meeting place shall not be included as billable time. (d) M~NDATORY JUDICIAL EDUCATION TRAINING - City shall reim- burse or pre-pay the travel, meals and registration costs incurred by the Assistant Judge in attending this statutory required training in accordance with the City's Travel Reimbursement Policy. (e) CRIMIN&LL~WAND EVIDENCE SEMINAR - City shall reimburse or pre-pay the travel, meals and registration costs, up to Three Hundred Dollars ($300.00), in accordance with the City's Travel Reimbursement Policy, incurred by the Assis- tant Judge in attending this type of continuing legal education seminar. The Assistant Judge agrees to render services at the aforemen- tioned compensation terms. The Assistant Judge is responsible for maintaining accurate and complete time records, setting forth the date, description of services rendered, the time incurred in rendering such services, and the amount billed to city. Such time records shall be submitted to the Municipal Judge for review on a bi-weekly basis, and on the same date as required for city personnel payroll. Payment will be processed and paid ~n accordance with the city's payroll schedule. City will allow the Assistant Judge to direct payment to the finan- cial institution of his own choosing. No addltlonal benefits beyond the stated compensation will be provided. 2. The Assistant Judge will receive assignments and work schedules within the discretion of the Municipal Judge or her designee. The Assistant Judge shall be available to perform and shall perform if directed, the duties as stated in the Assistant Judge Job Description attached hereto and incorporated herein as Exhibit "B". The Assistant Judge shall not take on representation of a client adverse to the city of Denton. The Assistant Judge shall not represent a client in a case where an employee of the City of Denton, in his capacity as an employee of the City of Denton is a witness or may be summoned to appear as a witness. 4. During the duration of this Contract, the Assistant Judge shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30 of the Texas Government Code, Subchapter Y, and all other applicable laws pertaining to the operation of the Denton Municipal Court of Record, and his duties as a Magistrate. In the event of a conflict between the terms of this Contract and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statutes and laws shall govern. 5. The City may remove the Assistant Judge from office during his term pursuant to and in accordance with the requirements of §30.987(c) of the Texas Government Code, or its successor, as same may hereafter be amended. This Contract represents the entire and integrated Contract between City and the Assistant Judge, and supersedes all prior negotiations and representations and/or contracts either written or oral. This Contract may be amended only by written instrument signed by both the City and the Assistant Judge. The Assistant Judge further states that he has carefully read the foregoing Contract, and knows the contents thereof, and signs the same as his own free act. IN WITNESB WHEREOF, city has caused this Contract to be signed in its name by Bob Castleberry, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Assis- tant Judge has hereunto set his hand and seal the day and year first above written. ASSISTANT JUDGE CITY OF DENTON, TEXAS / ASSISTANT JUDGE CONTRACT - Page 2 ATTEST: JENNIF~.R WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY E \gPDOC$\K\RANSAY4 ENP ASSISTANT JUDGE CONTRACT - Page 3 APPROVAL DATEs REVISION DATEs PAY DEPARTMENTs Leaal DIVISION JOB TITL~ Assistant Municinal Court Judas Joe NUMBERs TITLE OF IMMEDIATE SUPERVISORs JOB SUMMARYs Under the administrative direction of the City Council, presides over Municipal Court sessions and functions as a magistrate to administer Justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the Jurisdiction of the Municipal Court o Performs Municipal Judge and Magistrate duties as outlined in Texas State Law, and as scheduled by the Municipal Court Judge o Presides over trials and renders Judgments for misdemeanor violations, violations of city ordinances, traffic violations and any other cases within the Jurisdiction of the Municipal Court o Authorizes issuance of warrants, summons, magistrate warnings, etc. o Arraigns prisoners, sets bonds, reviews fines, and accepts pleas. o Facilitates efficient disposition of cases and other matters connected with proper processing of paperwork through the Court Clerks Office. o May be assigned to sit and perform all functions that would normally be performed by the Municipal Judge as needed. o Performs other related duties as directed by City Council and the Municipal Judge, in accordance with State law MINIMUM OUALIFICATIONS~ O Juris Doctorate from an accredited institution o License to practice law in the state of Texas (and be in good standing). o United States citizen. o Resident of the state of Texas. o Valid Texas Class C driver's license ~ONDIT!ON OF EMPLOYMENTs O Will be required to preside over most evening court dockets and any other dockets as assigned by the Municipal Judge o Must be available to be called on to perform duties at unusual hours, including evenings, weekends and holidays ~FER~NCE FOR EMPLOYMENT~ o May be given to person with experience in the practice of criminal law. Mercer/AAA024C7 EXHIBIT B Next Document B \TRANSPOR R ESOLUTION HO. A RESOLUTION APPROVING THE SUBMISSION OF A PROPOSED PROJECT TO THE NORTH CENTRAL TEXAS COUNCIL OF GoVERNMENTS AND THE TEXAS DEPARTMENT OF TRANSPORTATION AS A CANDIDATE FOR STATEWIDE TBANSPORTATION ENHANCEMENT PROGRAM FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is vitally interested in enhancing the transportation system within the Clty and within the north Texas region; and WHEREAS, the Statewide Transportation Enhancement Program announced by the Texas Department of Transportation provides the vehicle for funding transportation enhancements on a 80% local basis in accordance with the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA); and WHEREAS, after review by the city staff and receipt of public ~nput, the City Council wishes to designate capitol improvements projects which are eligible for transportation enhancement program funding; and WHEREAS, the Denton West sprinkler System project has been endorsed by Council and staff as the most significant regional transportation enhancement project; and WHEREAS, the Denton West Sprinkler System pro]ect includes restoration of a historic City Hall, which is located at the intersection of U.S. Hlghway 77 and Farm to Market Road 426; and THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the Denton West Sprinkler System project, valued at Eighty Thousand Dollars ($80,000.00), be submitted to North Central Texas Council of Governments as Denton's number one priority transportation enhancement program. shall become effective ~ That this resolution immediately upon its passage and approval. PASSED AND APPROVED this the day of ~, 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~OVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY PAGE 2 j~\wpdocs\reso\harpool res RESOLUTION NO. ~ A RESOLUTION APPOINTING TOM HARPOOL TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, term of office of Tom Harpool on the Board of Directors of the Texas Municipal Power Agency has expired; NOW, THEREFORE, 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, 1994 and ending July 30, 1996. SECTION II. That this resolution shall become effective 1mmediately upon its passage and approval. this the ~ day of ~, 1994. PASSED AND APPROVED BOB CASTLEBERRY, MAYO~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY 4~\wpdocs\ord\resgc&a ord RESOLUTION NO. ~ A RESOLUTION RECOMMENDING A LOCATION FOR THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION LANDSCAPE GRANT AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1993, Denton received first place in the Keep Texas Beautiful, Inc. Governor Community Achievement Awards; and WHEREAS, the Texas Department of Transportation provides a $100,000 landscaping grant to the winner in the population category 60,000 to 100,000; and WHEREAS, the City Council and Keep Denton Beautiful Board held a ]oint meeting on September 13, 1993 to discuss a site for the landscaping grant; and WHEREAS, the consensus of the Keep Denton Beautiful Board was to recommend that the Department of Transportation landscape University Drive (Hwy. 380) from Alice to Malone and University Drive on the west side of 1-35E; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~CTION I. That Denton requests that the Texas Department of Transportation prepare plans for the utilization of the Governor Community Achievement Award Landscaping Grant by landscaping University Drive (Hwy. 380) from Alice to Malone and on the west side of the intersection of University Drive and 1-35E. S~CTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~ day of ~ 1994. ATTEST,: BOB CASTLEBERRY, MA~ ~ JENNIF'ER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 ~ \~wooCs\~s\coU~Ty. s~T RESOLUTION NO. ~ B ELM STREET, O? NoRT LOCUST .... ~-E 100 B_L_OC~K~ CK OY N.O_ST~. ER 24, -~pO~~ ~Y ~TR~ET, '~RY 5TREm~ - - the Centrally_ COUntY; and ~EREA~, - ~ of Den~u- ~. merchant~ ~thin th~s~ts past; anu · .~REAS, =~-~"n from" _~it~on o~ ~ transformed CO~emOra~ intO __a orofesslo~lrw cloSln~ of each S~ ~lace fo~ ~ gather~'~ ~ ~t~ng merchan~o~~O'the te~P°~ ~ the area h~ ~nd eat Saturday is oPen to the general public ~ER~s ~ County ~f DentOn, and the City anU County e for county _ order ~ in or ~ ~ the C~ Y_,. nf ~o~h ~EREAs, ~_~atiOn, t~. ~oUnc~l ~' ~n0 blo~ i~,~ of ~ neceSSa~=.~n bloo~ u~_'~lock o~ w~=L_ of 5:ur - LocUSt ou~ use squa~2~4: NO~, ~- . ~m "courth~--~er ~4, ~ ' __~ RESOLVES' ~. on SePu~mw -TY OF DENTON ~ER~D~ eet, the 100 ---~h Elm str~ ~treet, and T~E CO~C~L oF T~E C1 ~=_ 100 b~- -~ of Nor%~ _ the ,,cou~ ~at ~tt~ ~00 blou~ --rlSl~g _. thoru~ . '~' the ~ t comF eetS u~ from ~,,are", sn~4-d or cn~- ~r the fare~ ~ u~tX1 u.- - 5:00 a.m. e aPPr°pr lat~ .__~ direct t~ .~ North ---~ I~ '~t~---t barr~Ca~ street, ~.~v street,-~r ~EC~ tO er~ .... st Oa~ -' -t ~C~-~ stre = ~ereet, a _=. ~ame r a.~' 1994 · ~ That the portion of the above described streets shall revert back to the city for normal traffic activity l~edl- ately from and after 6:00 p.m. on September 24, 1994. ~ That this resolution shall take effect and be in full force and effect from and after the date of its passage and approval. PASSED ~D APPROVED this the/~Jday of ~, 1994 ATTEST: JENNIFER WALTERS, CITY SECRETLY APP D AS TO LEGAL FO~: DEB~ A. D~YOVITCH, CITY ATTO~EY PAGE 2 ].\wpdocs\reso\amend2a3 res A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE 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 the purpose of establishing and maintaining public and mass transportatlon pro]ects; and WHEREAS, on August 31, 1993, the city Council adopted Resolu- tion No. 93-052 which authorized the C~ty Manager to execute a Public Transportation Contract with the Texas Department of Transportation and the State has forwarded two amendments to said Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SI_S_S_S_S_S_S_S_S_~~ That the city Manager is authorized to execute Amendment 3 to the Public Transportation Agreement on behalf of the City of Denton, Texas, wlth the Texas Department of Transportation to a~d in the f~nancing of public transportation, a copy of which is attached hereto and incorporated by reference here~n. ~ That the city Secretary is hereby directed to affix upon the face of Resolution 93-052 a note that it is amended by this resolution, and attach a copy of th~s resolution thereto ~ That thls resolution shall become effective immediately upon ~ts passage and approval. PASSED AND APPROVED this the/~day of ~, 1994. BOB CASTLEBERRY, MAY~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 RECIPIENT C~ty of Denton STATE PROJECT NO TX94-0001(18) STATE CONTRACT NO 514XXF4014 AMENDMENT TO CONTRACT NO 3 STATE OF TEXAS § COUNTY OF TRAVIS § THIS AMENDMENT TO CONTRACT made by and between the State of Texas acting by and through the Texas Department of Transportation beremafter called the "State", and the C~ty of Denton hereinafter called the "Contractor" WITNESSETH WHEREAS, on September 9, 1993, a contract was entered into by and between the above-mentaoned pames, whach contract provxded for the expenditure of funds pursuant to the prowsaons of Sectaon 9 of the Federal Transxt Act for a pubhc transportauon project, and WHEREAS, the contractor has requested a reducUon m the amount of funds that they will receave to carry out thas project, NOW, THEREFORE, an consaderaUon of the mutual covenants hereto set forth, the parUes hereto agree to amend the above-menuoned contract as follows I. Arucle 3, page 2. sentence 1 as revased to read "The maxxmum amount payable under this Contract wnhout mochficaUon as $125.259 II All of the other terms, condmons and prows~ons of the onganal contract shall remaxn m full force and effect IN TESTIMONY WHEREOF, the pames hereto have caused these presents to be executed Cemfied las being executed for tho purpose and effect of acuvaung and/or B out the order, established calTylng policies or work programs heretofore ~. ~ approved and authorized by the Texas Title Transportauon Commission under the authority of Minute Orders 102550 and Date 103561 APPR~ED. D~mctor of P~~ RECO~/ENDED FOR EXECUTION DlStn~Engmeer, D~lf~ff'Dlsmct ?/20/94 ATTACHHENT A CONTRACT BUDGET CONTRACTOR Cfty of Denton CONTRACT NUHGER 514XXF4014 STATE PROJECT NO TX94-0001(18) ~ FTA NUHSER TX-90-X246 LINE ITEH # DESCRIPTION TOTAL FEDERAL STATE LOCAL CAPITAL 11 12 04 Two buses w/tilts 181,250 145,000 11,359 24,891 181,250 145~000 80X 11,359 6~ 24,891 14~ PLANNING 41 11 O0 Grant Oevet/Admln 30,000 24,000 3,900 2,100 30,000 24,000 80~ 3~900 13X 2,100 7~ OPERATING 30 09 O0 Operating (10/93 - 9/94) 440,000 220,000 110,000 110,000 440,000 220,000 50~ 110,000 25~ 110,000 25~ TOTAL 651,250 389,000 60~ 12S,259 19~ 136,991 21~ FEDERAL FUNDING SPLIT TX-90-X246 TX-90-XO0? TX-90-XO0? TOTAL CAPITAL 145,000 0 0 145,000 PLANNING 24,000 0 0 24,000 OPERATING 220,000 0 0 220,000 389,000 0 0 389,000 STATE FUNDING SPLIT FORNULA CSP DISCRETIONARY TOTAL CAPITAL 7,7'/2 3,587 0 11,359 PLANNING 3~900 0 0 3,900 OPERATING 71,557 0 38,443 110,000 83,229 3,587 38,443 125,259 AHENDHENT #2 AUTHORIZED BUDGET CHANGES CONTRACTOR City of Denton STATE PROJECT NO 514XXF&O1& CONTRACT NUNBER TX94-0001(18) FTA NUMDER TX-90-X246 TOTAL FEDERAL STATE STATE LOCAL FORHULA OTHER PREVIOUS TOTAL CAPITAL 181,250 145,000 7,772 15,7~0 12,~88 OPERATING 440,000 220,000 71,557 38,443 110,000 PLANNING 30,000 24,000 3,900 0 2,100 TOTAL 651,250 389,000 83,229 54,233 124,788 AMENDHENT #2 CAPITAL 0 0 0 (12,203) 12,203 OPERATING 0 0 0 0 0 PLANNING 0 0 0 0 TOTAL 0 0 0 (12,203) 12,203 NEN TOTAL CAPITAL 181,250 145,000 7,7'72 3,587 24,891 OPERATING 440,000 220,000 71,557 38,443 110,000 PLANNING 30,000 24,000 3,900 0 2,100 TOTAL 651,250 389,000 83,229 42,030 136,991 B 'MASS R NOTE. Amended by Resolution No R95-064 RESOLUTION NO. ~d~ 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 the purpose of establishing and maintaining public and mass transportation 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 whlch is attached hereto and incorporated by reference herein SECTION II. That this resolution shall become effective immed- iately upon its passage and approval PASSED AND APPROVED this the/~'~'day of ~~_~, 1994. c S LE Em Y, MAYOa/ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY RECIPIENT C~ty of Denton CONTRACT NUMBER 515XXF6009 STATE PROJECT NO URB-9501(18) 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 C~ty of Denton hereinafter called the Contractor WlTNESSETH WHEREAS, the State is the admlnistenng agency for the State Pubhc Transportation Fund as prescribed by Article 6663c, V T C S, and WHEREAS, the Contractor desires to obtain pubhc transportation funds from the State for the purpose of establ~shing and ma~nta~mng pubhc and mass transportation systems, and WHEREAS, the State is authorized under Article 6663b, V T C S, to assist the Contractor in procunng federal aid for the purpose of estabhshmg and maintaining pubhc and mass transportation projects, hereinafter called the Project, and WHEREAS, the Texas Transportation Commiss~on passed Commission M~nute Orders No 1025~50 and No 103561 authonz~ng the State to enter ~nto the necessary agreements with the Contractor for fundIng pubhc transportation projects, and NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the part~es hereby agree as follows AGREEMENT ARTICLE 1 CONTRACT PERIOD Th~s contract becomes effective on the f~nal date of execution by the State's D~rector of Pubhc Trensportat~on and shall terminate on August 31, 1995 unless otherwise terminated or modified as hereinafter prowded Termination of the Contract shall not release the Contractor from the property management standards outhned ~n Arbcle 9 below ARTICLE'2 PROJECT DESCRIPTION The Contractor shall undertake the public transportation prolect as descnbed ~n Attachment A and In accordance with the terms and conditions of th~s Contract Further, the Contractor shall comply w~th the prows~ons of the Un~form Grant and Contract Management Standards prepared in response to the Un~form Grant and Contract Management Act of 1981 The Contractor shall commence, carry on and complete the Project w~th all practicable d~spatch, In a sound, economical and efhc~ent manner ~n accordance w~th the prows~on$ of Attachment A ARTICLE 3 COMPENSATION A The maximum amount payable under th~s Contract w~thout modification ~s ($140,415 00) The State will reimburse the Contractor for the authonzed costs ~ncurred in carrying out th~s project which are further descnbed ~n the budget contained ~n Attachment A The State's payment to the Contractor ~s contingent upon the availability of Federal and/or State appropriated funds The State shall have no Iiab~lity for any claim submitted by the Contractor or ~ts subcontractors, vendors, manufacturers or supphers ~f sufhc~ent Federal or State funds are not available to pay the Contractor's claims B To be ehglble for re~mbureement under th~s Contract, a cost must be ~ncurred within the contract period spec~hed in Article 1 above and be included ~n the project budget contained In Attachment A 2 C Payment of costs ~ncurred under th~s Contract ~s further governed by cost pnnc~ples outhned ~n apphcable Federal Offme of Management and Budget (OMB) pubhcat~ons as follows State or Local Governments OMB C~rcular A-128 Institutions of HIgher OMB C~mular A-133 Education and Other Nonprofit OrganIzations D Costs cla~med by the Contractor shall be actual net costs, that ~s, the price pa~d m~nus any refunds, rebates or other ~tems of value received by the Contractor that have the effect of reducing the cost actually ~ncurred In particular, fares and other passenger revenues shall be so ~dent~fled on the Contractor's b~lhng to the State E All major items or equipment, as described ~n the capital budget ~n Attachment A, shall be ~ncluded ~n th~s contract as d~rect costs The Contractor hereby certifies that ~tems of equipment ~ncluded ~n d~rect costs have been excluded from the ~nd~rect costs F Requests for payment are to be submitted to the State no more frequently than on a monthly bas~s, except as noted below, on ~nvo~ce statements acceptable to the State Additional documentation to support all costs ~ncurred during the bilhng penod may be required at the d~scret~on of the State As a m~nlmum, each b~lhng must be accompamed by a summary by budget hne ~tem which ~nd~cates the total amount authorized for each hne ~tem, prewous expenditures, current penod expenditures and the balance rema~mng ~n the hne ~tem The ong~nal invoice w~th required documentation ~s to be submitted to the following address 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 w~thm thirty days of the receipt of properly prepared and documented requests for payment H The Contractor w~ll submit a final b~lhng w~th~n forty-five days of the contract termination date spec~hed in Artmle 1 above The Contractor shall make payments promptly to all subcontractors and supphers Failure to do so w~ll be grounds for termination of th~s Contract by the State The State shall not be responsible for the debts of the Contractor ARTICLE 4 CONTRACT AMENDMENTS Changes in the scope, object~ves, cost or duration of the Project authonzed here~n shall be enacted by written amendment approved before additional work may be performed or additional costs ~ncurred Any amendment so approved must be executed by both parties w~thm the Contract penod as spec~hed in Article 1 ARTICLE 5 SUBCONTRACTS Any subcontract for professional services rendered by ~nd~wduals or organizations not a part of the Contractor's organization shall not be executed w~thout pnor authonzat~on and approval of the subcontract by the State Subcontracts ~n excess of $25,000 shall contain all required prowslons of th~s Contract No subcontract w~ll reheve the Contractor of ~ts respons~b~hty under th~s Contract ARTICLE 6 RECORDS AND AUDITS A The Contractor agrees to maintain financial records, supporting documents, statistical records and all other records pertinent to th~s Contract B The Executive D~rector 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 t~mes dunng the contract penod and for the penod set forth ~n Paragraph C below for the purpose of making audits, examinations, excerpts and transcnpts C Rnanc~al records, supporting documents, statistical records and all other records pertinent to the Contract shall be retained for a period of three years from f~nal payment, w~th the following quahf~cat~ons 4 (l) If any htigat~on, claim or audit ~s started before the expiration of the three-year period, the records shall be retained until all ht~gat~ons, claims or audit f~ndlngs involwng the records have been resolved (2) Records for nonexpendable property acquired in whole or ~n part w~th State funds shall be retained for three years after ~ts hnal disposition (3) When records are transferred to or maintained by the State sponsonng agency, the three-year retention requirement ~s not apphcable to the Contractor D The Contractor further agrees to include these provisions ~n each negotiated subcontract E Contractor audit procedures shall meet or exceed the s~ngle audit report requirements outhned m Ofhce of Management and Budget (OMB) pubhcat~ons as follows State or Local Governments OMB C~rcular A-128 Inst~tutions of H~gher OMB C~rcular A-133 Education and Other Nonprofit Organizations ARTICLE 7 FINANCIAL MANAGEMENT SYSTEMS The Contractor's hnanc~al 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 hm~ted to A Accurate, current and complete d~sclosure of the hnanc~al results of each grant program ~n accordance w~th State reporting requirements B Records which ~dent~fy adequately the source and apphcat~on of funds for grant- supported activities These records shall contain ~nformat~on pertaining to grant awards and authorization, obligations, commitments, assets, hab~ht~es, outlays and income 5 C Effective control over and accountab~hty for all funds property and other assets The Contractor shall adequately safeguard all such assets and shall assure that they are used solely for authonzed purposes D Comparison of actual~w~th budgeted amounts for each contract and relation of financial Information to performance of pmduct~wty data, ~ncludmg the production of unit cost reformation, whenever appropnate and required by the State E Procedures for determining the ehg~b~hty for reimbursement and proper allocation of costs F Accounting records which are supported by source documentation G A systematic method to assure t~mely and appropnate resolution of audit finding and recommendations ARTICLE 8 PROCUREMENT STANDARDS Contractor procurement standards shall meet or exceed the requirements of the "Un~form Admmrstrat~ve Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18), ~nclud~ng ~nsurance and bonding requirements The Contractor shall have wntten select~on procedures which meet the m~n~mum requirements of that document The Contractor agrees to comply w~th apphcable Buy Amenca requirements set forth ~n Section 401 of the Surface Transportation Assistance Act of 1978 (P L 95-599) and the Federal Transit Administration's Buy Amenca regulations at 49 CFR 660 The Contractor agrees to comply with the cargo preference requirements set forth ~n 46 USC 1241 and Maritime Adm~mstration regulations set forth ~n 46 CFR 381 The State must concur ~n the award of all purchase orders for nonexpendable personal property as defined ~n 49 CFR Part 18 The Contractor w~ll meet all obhgat~ons recurred ~n ~ts subcontracts w~th ~ts equipment supphers, to spec~hcally ~nclude the prompt payment of mon~es due the suppher upon dehvery,of acceptable equipment Should payment be delayed for any reason, the Contractor agrees not to operate any equipment that has been dehvered w~thout the express permission of the equipment vendor and to Iend ~t the same protection ~t would ~tS own equipment 6 ARTICLE 9 PROPERTY MANAGEMENT The Contractor agrees to comply w~th the property management standards specified m the "Umform Adm~mstrat~ve Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18), m ~ts control, use and d~spomt~on of property or equipment governed by those standards Further, the Contractor shall comply w~th the property management standards adopted by the State m the Texas Administrative Code, T~tle 43, Chapter 31 In the event that any project facd~ty and equipment are not used m the proper manner or are w~thdrawn from pubhc transportation servmes, the Contractor shall ~mmed~ately not~fy the State The State reserves the right to d~rect the sale or transfer of property acquired under thru Contract upon determination by the State that smd property has not been fully and/or properly utd~zed The Contractor shall mmntam at least the m~mmum ~nsurance on all vehicles and other nonexpendable personal property as required by the insurance regulations of the State of Texas * (see insert) Irrespective of coverage by insurance, unless otherwme approved ~n wnt~ng by the State, ~n the event of loss or damage to project property, whether by casualty or fire, the fmr market value wdl be the value of the property ~mmed~ately before the casualty or fire Unless otherwise approved by the State, m the event of loss due to casualty or fire, strmght hne depreciation of the asset, based on the industry standard for a useful life, shall be conmdered fmr market value The Contractor shall not execute any lease, pledge, mortgage, hen or other contract touching or affecting the State ~nterest ~n any project facd~t~es or equipment, nor shall the Contractor, by any act or om~smon of any k~nd, adversely affect the State ~nterest or ~mpmr ~ts continuing control over the use of project facd~t~es or equipment The Contractor shall not~fy the State ~mmed~ately of theft, wreck, vandahsm or other destruction of project-related facd~t~es 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 Umted States Department of Labor to be fmr and equitable, to protect the interests of employees affected by the Prolect and meeting the requirements of Section 13(c) of the Federal Tranmt Act * In the alternative, Contractor's subcontractor may maintain such minimum insurance so long as the Contractor and the State of Texas are named as additional insureds on such policies - 7 ARTICLE 11 CHARTER AND SCHOOL BUS OPERATIONS A The Contractor, or any subcontractor acting on ~ts behalf, shall not engage ~n charter bus operation.s outside the Project area w~thm which ~t prowdes regularly scheduled public transportation service, except as prowded under Section 3(f) of the Federal Transit Act, 49 USC 1602(f), and regulations pertaining to Charter Bus Operations, set forth ~n 49 CFR Part 604 and any amendments that may be ~ssued Any subcontract entered ~nto under these regulations ~s incorporated ~nto th~s Contract by reference B The Contractor, or any subcontractor acting on ~ts behalf, shall not engage ~n school bus operations, exclusively for the transportation of students or school personnel, ~n competition w~th private school bus operators, except as provided under Section 3(g) of the Federal Transit Act, 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 ,ssued Any subcontract entered into under these regulations ~s ~ncorporated ~nto th~s Contract by reference ARTICLE 12 MONITORING AND REPORTING A The Contractor shall submit quarterly performance reports that prowde as a m~mmum the following (1) A comparison of actual accomplishments to the goals establmhed 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 h~gh unit costs B The Contractor shall promptly adwse the State ~n writing of events which have a s~gmficant ~mpact upon the Contract, ~nclud~ng (1) Problems, delays or adverse conditions which w~tl matenally affect the ability to attain program objectives, prevent the meeting of t~me schedules and goals, or preclude the attainment of project work un~ts by established time penods Th~s d~sclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the s~tuat~on (2) Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work un~ts than originally projected - 8 ARTICLE 13 DISPUTES A The Contractor shall be responsible for the settlement of all contractual and administrative issues.ansmg out of procurements entered ~n support of contract work B The State shall act as raferee'~n all d~sputes regarding non-procurement ~ssues, and the State's dec,stun shall be final and b~nd~ng ARTICLE 14 REMEDIES V~olat~on 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 wolat~on of terms shall be paid by the Contractor Th~s agreement shall not be considered as specifying the exclusive remedy for any default, but all remedtes existing at law and m equity may be availed of by either party and shall be cumulative ARTICLE 15 TERMINATION A The State may terminate this Contract at any t~me before the date of completion whenever it ~s determined that the Contractor has fa~led to comply w~th the conditions of the Contract The State shall g~ve wntten not~ce 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 part~es to this Contract agree that the continuation of the Contract would not produce beneficial results commensurate w~th the further expenditure of funds, the part~es shall agree upon the termination conditions, tncludmg the effective date In the event that both part~es agree that resumption of the Contract ls warranted, a new contract must be developed and executed by both parties C Upon termination of th~s Contract, whether for cause or at the convenience of the parbes hereto, the State shall retain unhm~ted and royalty free usage nghts 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 ehg~ble expenses ~ncurred dunng the contract penod which are d~rectly attnbutable to the completed port~on of the work covered by th~s Contract, prowded that the work has been completed m a manner satisfactory and acceptable to the State The Contractor shall not ~ncur new obhgat~ons for the terminated port~on after the effective date of termination - 9 E Except w~th respect to defaults of subcontractors, the Contractor shall be in default by reason of any failure ~n performance of th~s Contract ~n accordance w~th its terms, ~nclud~ng any failure by the Contractor to progress ~n the performance of the work Failure on the part of the Contractor to fulfill ~ts obligations as set forth in th~s 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 th~s Contract, the Contractor, for ~tself, ~ts assignees and successors in interest agrees as follows (1) Comphance with Re,qulat~on,~ The Contractor shall comply w~th the regulations relative to non-d~scnmmat~on m federally assisted programs of the Department of Transportation (hereinafter "DOT") T~tle 49, Code of Federal Regulations, Part 21 and 23 CFR 710 405(b), as they may be amended from time to time (hereinafter, referred to as the Regulations), which are hereto ~ncorporated by reference and made a part of th~s Contract (2) Nond~scnmlnatlon The Contractor, w~th regard to the work performed by ~t during the Contract, shall not d~scnm~nate on the grounds of race, color, sex or national ongm ~n the select~on and retention of subcontractors, ~nclud~ng procurements of matenals and leases of equipment The Contractor shall not parbc~pate e~ther d~rectly or ~ndirectly ~n the d~scr~m~nabon prohibited by Section 21 5 of the Regulations, including employment practices when the contract covers a program set forth ~n Appendix B of the Regulations (3) Sohcltat~on for Subcontracts, Includln,q Procurement,~ of Matenals and Equipment In all sohcltat~ons e~ther by competitive b~dd~ng or negotiation made by the Contractor for work to be performed under a subcontract, ~nclud~ng procurements of materials or leases of equipment, each potential subcontractor or suppher shall be nobhed by the Contractor of the Contractor's obhgat~ons under th~s Contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin (4) Information and Reports The Contractor shall prowde all ~nformat~on and reports requ~rad by the Regulations or d~rect~ves ~ssued pursuant thereto, and shall permit access to ~ts books, records, accounts, other sources of ~nformat~on and ~ts fac~ht~es as may be determined by the State or the Federal Transit Administration (FTA) to be pertinent to - 10 ascertain compliance with such Regulations, orders and ~nstruct~ons Where any Information required of a Contractor ~s ~n the exclusive possession of another who fa~ls or refuses to furnish th~s ~nformat~on, the Contractor shall so certify to the State or the Federal Transit Administration, as appropnate, and shall set forth what efforts ~t has made to obtain the Information (5) Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscnm~natmn prows~ons of this Contract, the State shall impose such contract sanctions as ~t or the Federal Transit Administration may determine to be appropriate, including, but not hm~ted to (a) W~thholdlng cf payments to the Contractor under the Contract unbl the Contractor comphes, and/or (b) Cancellation, termination or suspension of the Contract, in whole or ~n part (6) Incorporation of Provm~ons The Contractor shall ~nclude the prows~ons of paragraphs (1) through (6) ~n every subcontract, ~ncludmg procurements of materials and leases of equipment, unless exempt by the regulations or d~rect~ves ~ssued pursuant thereto The Contractor shall take such action w~th respect to any subcontract or procurement as the State or the Federal Transit Administration may d~rect as a means of enforcing such provisions including sanctions for noncomphance Provided, however, that, ~n the event a contractor becomes ~nvolved ~n, or is threatened w~th, I~t~gat~on w~th a subcontractor or suppher as a result of such d~rect[on, the Contractor may request the State to enter ~nto such htigation to protect the ~nterests of the State, and, ~n addition, the Contractor may request the Umted States to enter ~nto such ht~gabon to protect the ~nterests of the Un,ted States B NONDISCRIMINATION ON THE BASIS OF HANDICAP The Contractor agrees that no otherwise quahf~ed hand~capped person shall, solely by reason of h~s hand~cap, be excluded from participation ~n, be den~ed the benefits of or otherwise be subject to d~scnmmahon under the project The Contractor shall ~nsure that all fixed fac~hty construction or alteration and all new equipment ~ncluded ~n the proJect comply w~th apphcable regulations regarding Nondlscnminat~on on the Bas~s of Hand~cap ~n Programs and Act~wties Rece~ving or Benehtt~ng from Federal Rnanc~al Assistance, set forth ~n 49 CFR Part 27, and any amendments thereto, and the Amencans w~th D~sab~ht~es Act - 11 C DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS It is the policy of the Department of Transportation and the State that Disadvantaged Business Enterprises as defined ~n 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 participate ~n the performance of contracts ad subcontracts financed ~n whole or in part w~th Federal funds. Consequently, the D~sadvantaged Bus~ness Enterpnse requirements of Pub L No 102-240, Sec 1003 apply to th~s Contract as follows The Contractor agrees to ~nsure that D~sadvantaged Bus~ness Enterpnses (DBE) as defined ~n Pub L No 102-240, Sec 1003 have the maximum opportunity to participate ~n the performance of contracts and subcontracts financed ~n whole or ~n part w~th Federal or State funds In th~s regard, the Contractor shall take all necessary and reasonable steps to meet the D~sadvantaged Bus~ness Enterprise goal for this contract The Contractor shall not dlscnmmate on the bas~s of race, color, national or;g~n or sex ~n the award and performance of contracts funded ~n whole or ~n part w~th Federal or State funds These requirements shall be physically included ~n any subcontract The percentage goal for Dmadvantaged Bus~ness Enterpnse participation ~n the activities to be performed under th~s contract ~s a minimum 10% of the contract dollars available for contracting opportunities as defined ~n P L 102-240, Sec 1003 The contractor shall submit to the State reports on DBE comphance efforts and documentation of good faith efforts to meet the DBE goal Th~s ~nformat~on shall be provided to the State on the format(s) and at t~me intervals prescribed by the State Fa~lura to carry out the requirements set forth above shall consbtute a breach of contract and, after the not~ficat~on of the State, may result m termination of the contract by the State or other such remedy, which may ~nclude reductions m future grant awards, as the State deems appropnate D EQUAL EMPLOYMENT OPPORTUNITY The Contractor agrees to comply w~th Executive Order 11246 t~tled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented ~n Department of Labor Regulabons (41 CFR, Part 60) - 12 E AFFIRMATIVE ACTION The Contractor warrants that affirmative action programs as required by the rules and regulatmns of the Secretary of Labor (41 CFR 60-1 and 60-2) have been developed and are on F SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS (1) Contract Work Hours and Safety Standards Act The Contractor agrees to comply w~th 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 "Ant~-K~ckback" Act The Contractor agrees to comply w~th the Copeland "Ant~-K~ckback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3) (3) Davis-Bacon ACt The Contractor agrees to comply w~th the provisions of the Daws-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 "Un~form Relocation and Real Property Acquisition for Federal and Federally Assisted Programs" (49 CFR Part 25) are apphcable to th~s Contract (5) Insurance and Bonding The Contractor shall comply w~th insurance and bonding requirements as estabhshed ~n 49 CFR Part 18 (6) S~gns The Contractor shall cause to be erected at the s~te of construction, and maintained during construction, s~gns satisfactory to the State and the Umted States Department of Transportation ~denbfy~ng the project and indicating that the Government ~s participating ~n the development of the project _ 13 G ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY The Contractor agrees to comply w~th all applicable standards, orders or requirements ~ssued ur~der Section 306 of the Clean A~r 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 wolat~ons to the State The Contractor agrees to recognize standards and pohc~es relating to energy efficiency whmh are contained ~n the State energy conservation plan ~ssued ~n compliance w~th the Energy Pohcy and Conservation Act (P L 94-163) H CONTROL OF DRUG USE The Contractor agrees to comply w~th the terms of the Omnibus Ant~-Drug Abuse Act of 1988 (P L 100-890, T~tle V, Subtitle D) I SUSPENSION AND DEBARMENT The terms of the Department of Transportation regulation, "Suspension and Debarment of Participants m DOT F~nanc~al Assistance Programs" set forth at 49 CFR Part 29, are applicable to th~s Contract and the Contractor must complete the Contractor Certification which ~s ~ncluded as Attachment B Further, any subcontractor employed by the Contractor ~s also bound by the terms of 49 CFR Part 29 and must complete a Contractor Certification (Lower T~er) form J RESTRICTIONS ON LOBBYING Pursuant to Section 319 of P L 101-121, which generally prohibits recipients of Federal funds from using those momes for lobbying purposes, the Contractor shall comply w~th the attached Special Prows~on "New Restnct~ons on Lobbying", which ~s ~ncluded as Attachment C K PROHIBITED ACTIVITIES The Contractor or any subcontractor shall not use Federal or State assistance funds for pubhc~ty 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 Umted States shall be admitted to any share or part of th~s Contract or to any benefit ans~ng therefrom - 14 No member, ofhcer or employee of the Contract during th~s tenure or one year thereafter shall have any mterast, d~rect or ~nd~rect, ~n th~s Contract or the proceeds thereof Texas Transportation Commission pohcy mandates that employees of the Department shall not accept any benefits, g~fts or favors from any person doing business or who reasonably speaking may do bus~ness w~th the State under this Contract The only exceptions allowed ara ordinary bus~ness lunches and ~tems that have received the advanced wntten approval of the State Executive Director for the Texas Department of Transportation Any persons doing bus~ness w~th or who may reasonably speaking do bus~ness w~th the State under this Contract may not make any offer of benehts, g~fts or favors to Departmental employees, except as mentioned hereabove Failure on the part of the Contractor to adhere to th~s pohcy may result ~n the termination of th~s Contract L ASSURANCES The Contractor will comply w~th 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 conhrm the employment of any person related w~th~n 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 Th~s prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the elect~on or appointment of the officer, employee, governing body member related to such person in the prohibited degree The Contractor will insure that all information collected, assembled or maintained by the apphcant relative to th~s project shall be available to the public during normal bus~ness hours ~n comphance w~th Texas C~wl Statutes, Artmle 6252-17a, unless otherwise expressly prowded by law The Contractor w~ll comply w~th Texas C~wl Statutes, Article 6252-17, which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise prowded by law or specifically permitted in the Texas Constitution M PATENT RIGHTS If any ~nventlon, improvement or discovery of the Contractor or any of its subcontractors ~s conceived or f~rst actually reduced to practice ~n the course of or under th~s ProJect, which invention, ~mprovement or d~scovery may be patentable under the Patent Laws of the Un~ted States of America or any - 15 foreign country, and ~f sa~d invention, ~mprovement or d~scovery has not already become the property of the State under Article 15 C above, the Contractor shall immediately not~fy the State and prowde a detailed report The nghts and responslb~ht~es of the Contractor, subcontractors and the Umted States Government w~th respect to such ~nvent~on w~ll be determined ~n accordance with applicable Federal laws, regulations, pohc~es and any waivers thereof Further, the Contractor shall comply w~th the prows~ons of 41 CFR, Part 1-9 N COPYRIGHTS The State and the Un~ted States Department of Transportation shall have the royalty-free, non-exclusive and ~rrevocable nght to reproduce, pubhsh 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 ~ndemn~fy and save harmless the State from all claims and hab~hty due to act~wt~es of ~tself, ~ts agents or employees, performed under th~s agreement and which result from an error, omission or neghgent 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 m~ght be ~ncurred by the State ~n ht~gat~on or otherwise resisting sa~d claim or hab~ht~es which m~ght be ~mposed on the State as a result of act~wt~es by the Contractor, ~ts agents, or employees P SUCCESSORS AND ASSIGNS The Contractor b~nds ~tself, ~ts successors, assigns, executors and administrators ~n respect to all covenants of th~s agreement The Contractor shall not s~gn, sublet or transfer ~ts interest m th~s agreement w~thout the written consent of the State Q CONTRACTOR ACKNOWLEDGEMENT The Contractor acknowledges that ~t ~s not an agent, servant or employee of the State and ~s responsible for ~ts own act and deeds and for those of ~ts agents or employees dunng the performance of the contract work - 16 R LEGAL CONSTRUCTION In case any one or more of the prows~ons contained ~n th~s agreement shall for any reason be held to~ be Invalid, illegal or unenforceable ~n any respect, such ~nvalidity, ~llegahty or unenforceab~lity shall not affect any other prowsion thereof and this agreement shall be construed as ~f such ~nvahd, ~llegal or unenforceable provision had never been contained here~n S PRIOR AGREEMENTS Th~s agreement constitutes the sole and only agreement of the par~es hereto and supersedes any prior understandings or wntten or oral agreements between the partms respectlng the w~th~n subject matter 17 IN TESTIMONY WHEREOF, the part~es hereto have caused these presents to be executed Certified as being executed for the By~_,..~'~t"~A U ~7~'~~ purpose and effect of activating and/or ~ ,...~. ~ / carrying out the orders, estabhshed T~tle ~._.u~.~ ~-L---- policies, or work programs heretofore .~/~//~/~ approved,and authonzed by the Date ._ I'H Texas Transportation Commission under the authonty of Minute Orders 102550 and 103561 Date RECO.M/~.ENDED FOR EXECUTION '"D~stn~ Engineer, D~,~)~stnct 18 7/20/94 ATTACHHENT A CONTRACT BUDGET CONTRACTOR City of Denton CONTRACT NUHSER $15XNF6009 STATE PROJECT NO URB-9501(18) FTA NUMBER TX'gO'X LINE ITEM # DESCRIPTION TOTAL FEDERAL STATE LOCAL CAPITAL XX XX XX Three (3) vehtc[aa w/Lifts 200,000 160,000 26,000 14,000 XX XX XX Replacement route signs 2,000 1,600 260 140 202,000 161,600 80~ 26,260 13~ 14,140 7~( PLANNING 41 11 O0 Grant OeveL/Admin 50,234 40,187 6,530 3,516 50,234 40,187 80~ 6,530 13~ 3,516 7~ OPERATING 30 09 O0 Operating (10/94 - 9/95) 430,500 215,250 107,625 107,625 430,500 215,250 50X 107,625 25~ 107,625 25~ TOTAL 682,734 417,037 61~ 140,415 21% 125,281 18~ FEDERAL FUNDING SPLIT Tx-go X TX-90 XO0? TX-90-XO0? TOTAL CAPITAL 161,600 0 0 161,600 PLANNING 40,187 0 0 40,187 OPERATING 215,250 0 0 215,250 417,037 0 0 417,037 STATE FUNDING SPLIT FONMULA CSP DISCRETIONARY TOTAL CAPITAL 14,057 12,203 0 26,260 PLANNING 6,530 0 0 6,530 OPERATING 107,625 0 0 107,625 128,212 12,203 0 140,415 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- ~ng a public* transaction or contract under a pubhc transaction, wolat~on 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 SignatUre of Certifying Official Date / ' / Form 1734 A 4 89 Lower Tier Participant Debarment Certification (Negotiated Contracts) , be:ng duly sworn (insert name of certifying officml) or under penalty of perjury under the laws of the United States, certifies that neither nor 1ts (insert name of lower t~er partLclpant) principals are presently. · debarred, suspended, proposed for debarment, · declared ineligible, · or voluntardy excluded from participation in this transactaon by any Federal department or agency Where the above identified lower tier partae~pant is unable to certify to any of the above statements m this certification, such prospective participant shall indicate below to whom the exceptmn applies, the mitmtmg agency, and dates of action Exceptions will not necessarily result in denial of award, but will be considered In determining contractor responsibility Prowdmg false mformat~on may result in criminal prosecution or administrative sanctions EXCEPTIONS: S~gnature of Certifying Official Title Date of Certification See Reverse for Information Form 1734 Rev 4 89 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 of 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-reqmred audit services A procurement transaction is the process of acquir, ng goods and services A nonprocurement transaction ~s the granting of financial assistance to ent~ties to assist the grantor m 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 TP~NSPORTATION UPON REQUEST CERTIFICATION OF RESTRICTIONS ON LOBBYING I, , hereby (Name and Title of Grantee Official) certify 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 maklng 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 ~nfluence 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 compliance 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 (~ncludlng subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreceiplents 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 ~nto. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, t~tle 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. Fi~leral Re~t-ter / Vol M No ;'43 / ~edne~de~' December ~ 19~t9 ! Not~ces 8232.5 DISCLOSURE OF LOBBYING ACTIVITIES o~o~,* CONTINUATION SHEET itq~rmSb~T _ Pqe d , Federal Register ! Vol S4 No 243 / Wedneoday December 20 1eeo / Nc,t~ces Appendix C to Part _ - Cent:act Clause NEW RESTRZCTIONS ON LOBBYING (a) Definitions. As used in this clause, eAgency#, aa defined in S U.S.C. eSl(f), includes Federal executive departments and agencies as veil aa independent :egulator~ co~nieelone and Government corporations, as defined in 31 U.S.C. 9101(l). ~c~ve:ed Fade:al action~ Beans any of the following Federal ac:Lens. (1) The awarding of any Federal contract; (2) ?he Baking of any Federal grant; (3) The Baking of any Federal loan~ (4) The entering into of any cooperative agreement; and, (5) The extension, continuation, renewal, amendment, cr modification of any Federal contract, grant, loan, or cooperative agreement. Covered Federal action does not include receiving from an agency a co~:itment providing for the United States to insure or guarantee a loan. .~v&aea ~n section 4 of the zndLan Self-Deter~ination and Education Assistance Act (25 U.S.C. 450B). JLlaskan ~atives are included under the definitions of Xndian tribes in that Act. rice, any co,un,cation to or a~pearance be:ore an officer or employee of any agency, a Nether of Congress, an officer o: employee of Congress, or an employee of a He~ber o~ Congress Ln connection vith any covered Feds:al action. nLocal governnente means a unit of governuent Lna State and, if chartered, established, o: other~iee recognSzed by a State fo: the performance of a governmental duty, Lnclud£ng local public authority, a pecLal district, an intrastate district, a council of govarr~ents, a sponsor group representative organization, and any other 1nstru~entalit¥ of a local government. . · employed by an agency: - (1) An zndivLdual who i8 appointed to a os/:ion the Governnent under title 5, U.S. Code, including a poeJsition under a temporary appointment; (2) A ne~ber o£ the uniforned services aB 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, Fede~nl Ke~sle~ I ~ol ~, No :4d / ~eonesdd~, Uec~mue~ (4) An individual who iea neuter of a Federal advisory committee, as dc~lned by the Federal Advisor~ Committee Act, title 5, U.S. Code appendix 2. .~ersonn neans an individual, corpoF~tion, conpany~ association, authority, firm, partnership, society, State, ann local governnent, regardless of whether such entity is operated for profit or not for profit. This term excludes an Zndian tribe, tribal organization, or any other Indian organization respect to expenditures specifically pernitted by o~hor .ieasonable compensablen" uenns, vL~h res~c~ to a re~larly e~ployed officer or e~ployee or 8~y person, compensation cons~o~en~ v~th ~o no~8l compensation fo~ such officer enploFee ~or York tha~ is no~ tu~shed to, no~ funded furnished In ooopera~o~ with ~e Federal Gove~e~. ~Reasonable ~a~en~~ means, with respec~ to profess~6~al and o~her ~echn~cal -se~ces, a pa~en~ In an anoun~ cons~s~en~ w~th t~e anoun~ no~all~ paid for such se~ces In the private sector. .Roctp~e~t" includes all con~a~or~ ana_s~on~r~o=~ excludes an Indian tribe, tribal organization, or any o~er Indian organization e~th respec~ to e~endi~ures pe~i~ed by other Federal ~Re~larly employed' ueans, vl~ respect to aa officer or employee of a person ro~es~ln~ or receiv~ng a Federal con~rac~, an off,cot or employee who ~s employed b~ such person for leas~ 130 vork~ng days vl~h~n one year ~edia~el~ preceding ~e da~e O~ ~o s~niss~on that ~nl~la~es aqen~ consideration of such person ~or receip~ of such con~rac~. ~ orr~cer or employee who ~s employed by such per,on for leas than 130 vork~ng da~s v~h~n one year ~ed~ately preceding the date of tha~ ~nitia~os agon~ cons~deration of such person shall be considered to be re~larly employed as soon employed by such person for 130 working days. .Staten moans a State of the United States, the D~strL~ of Colu~ia, ~he Co~onveal~ of ~e~o R~co, a territo~ or possession of ~e United States, an agen~ or inst~entaliCy a S~ate, and a nult~-S~ate~ regional, or ~nterstate entity hav~ng gover~en~al du2~es and powers. (b) Prohibition. (1) Section 1352 of t~tle 31~ U.S. C~e provides that no appropriated funds nay be e~ended by ~e recip~ent of a Federal contract, grant, loan, or cooperative agreenen~ to pay Feder,,l ~ter / Vol '4 No ~3 / We~dov ~cem~r 2~ 1~9 / Notice~ any person for tnfluencin~ o~ a~t~pt~nq to ~nfluence an off,car or e~plo~ee o~ any agency, a ~e~er of Co~qres~, a~ officer or e~plo~ee o~ Congress, or an ~plo~ee o~ a M~r o~ Congress connection w~h an~ of ~e ~ollow~nq cover~ Federal the a~ard~ng of any Federal contract, ~e ~k~nq of an~ Federal grant, the ~ak~ of any F~eral loan, ~e entering ~nto of any cooperative agre~ent, a~ ~e e~ens~on, oonttnua~on, rental, aue~en~, or n~fication of any F~eral contract, grant, loan, or cooperative agr~nent. (2) ~e prohibition does not apply as follovs~ (~) Ag~ and l~slative ll8lson ~ ~ bployoes. _ _ . (A) ~o prohibition on ~o uso of appropriated zunas, An paraqrap~l) of ~lo so.ion, d~s ~ apply In the case of a pa~ent orreason~lo con~nsat~on Mdc to an orr~cer or enployee of a person re~est~ng or receiv~ng a Federal contrac~ ~f ~e pa~en~ io for agen~ and leg~sla~ive' ac~v~es not d~rec~ly related to a c~ered Federal a~on. (B) For pu~oses or paragraphA (A) of section, providing an~ info.at,on opeoifLoally repasted agenc~ or Co~gress ~s allowable at an~ (C) For p~ses of paragraph~ (A) of section, the follov~ng agen~ ~ leg~slative l~aAson 8ctivities are allowable at any tine only where ~ey ~e ~ relat~ to a specific solicltet~o~ror any covered Federal ~ (~) Dl~s~ wA~ ~ agen~ (includi~ individual deno~ations) ~e ~all~les ~ c~ra~er~s~ics of ~he person'e produc~ or se~lces, conditions or te~ of eale, and se~ce capab~li~es; ~ (21) Technical discussions and other activities r~ard~ ~e a~ll~t~on or adaptation or person*s pr~u~s or se~ces for an ag~0s ua. section, ~e zollowLng agen~ ~d l~lllative liaison activities are allowable only where ~eY ~e prior to fo~ Solicitation any covered Federa~ ~ (&) Providing any ~nrornat~on not specir ca ly re ested but for n agen nro ed decision tietion or a Federal a ionr preparation or an ~solicAted pro~sal prior to ~U subn~ss~on; and, ~ ~_ .... (fl~) Capability presentatlons by ~r~ns seexln~ a~aras ~ro~ an agen~ pursuant to ~e prov~sions of S~all Bus,ness Act, as anended by ~lic ~w 95-507 and o~er s~se~en~ 23 Federal Re~lster / Vol S4 No 243 / Wednesday December 20 1089 / Notices S2329 I ~ (E) Only those ac~iv~Les e~resoly authorized parag~ap~(~) o~ ~hls section are ~llovable under paragraph~~ (Al) professional and technical seal=es Employees. (A) ~o prohibition on ~e uso runas~ in paragraph~l)~ or this season, does no~ apply case o~ a pa~en~ or reasonable ~nsatSon made to an ofrl~r oF employee or a ~roon re~esting or receiving n Federal con~rec~ oF an extension, continuation, reneval, anen~en~, noa~r~oat~on o~ a redera~ oontra~ if pa~en~ ~. for profess~oM~ oF tec~ca~ sea,cos rendered dire~ly In ~e proparetS~, for ~a~ Federal contract or for ueetl~ red,remands lzpoa~ oF pUFs~n~ to lav as a condition for receiving ~a~ rodere~ (B) FOr pussies or ~a~ag~aph~ (A} et ~echnlcal d~sc~pline. For ex.pla, ~at~g et a legal do~n~ accompanying a bad or proposal bM a lawer As allow~le, Similarly, tactical advice p~Aded ~ an .engineer perfo~ance or operational oap~ility cE a p~ece rendered directly An ~o negotiation of a contract la all~le. However, co~lca~lons wl~ ~e intent to influence nsde W a profe~slo~l (such as a licensed la.er) or a tactical (such' ,as a licensed ao~t~t) are not all~le ~der section unless ~eM provide advice and analysis dire~ly ~hel~ pro~essional or tactical o~e~Ase and unless ~e a~ice or a~alysis As rendered directly and solely ~n the preparation, s~m~ssion or negotiation or a covered Federal action. ~us, for example, co~unications vA~ ~e intent to ~fluence nude W a lawer that do not provide legal advice or analysis.directlY ~d solely related to ~e legal as~s o~ his or nar cx~ proposal, bu~ generally adv~ato one pro~sal over answer are n?~ 'allow~le ~der ~lo ooot~on ~cause ~e lawer p. legal oe~l~s. S~ilarly, oo~cat~ons prov~ding professional . wi~h. ~he. ~n~en~ to ~fluenoe ~de ~ ~ engineer pr~idl~ an engiaeer~ng analysis pr~or to ~o preparation or s~lss$on of a bid or proposal are not all.able ~der ~ls oectXon s~nce engineer. As pr~ld~ng te~nical se~Aces ~t no~ diro~ly In ~e preparation, ,~niss~on or negotiation or a covered F~eral action, I (C) Remitments b~se~ b~ ~r ~r~u~nt_t? a co,dit~on for receiving, a ~ered Feaera~ avam ~nc~u~o red,red bZ~ 3ay or radiation, or tonically re~red bF lay or re~lation, a~ any o~er re~r~enc8 actua~ ava~ do--onto. ~4 Federal Re~te~ / Vol 54 No 243 ! Wednesday December 20 1~ / Notlc~ this (~) Reporting roy ~ ~p~oyees. No reporting is re~iFod vi~ res~c~ to parents o~ reasonab3e conpensa~on ~de to r~laFly enployed officers oF enplo~ees a person. (iv) ~ofessto~ a~ teo~lca2 se~ices by Other than ~ Employees. (A) ~e proh~t~Aon on ~he uae or r~nds, An para~aph~X) or ~lo ~lon, does no~ apply An case o~ any reaso~le ~en~ ~o a ~roon~ o~eF ~han an oF employee o~ a person re~es~Ang or receiving a covered Federal ac~Aon, A~ ~e pa~ent Is roy professional or ~ec~nicaX ~e~Aces rendered directly in the pFepaFa~Aon~ s~nissAon, or nego~Aa~lon condition zor receiv~ng ~a~ Federal contra~. section, "p~e~sio~l and radical ~ioes" shall be linited ~o .a~vl~e .~d.'~lysl~ dl~ly applying any p~fessional or ecnnlca~ alaclpl~no. For ex~ple~ draf~ or a legal acconpany~g a bid or pro. al ~ a la.er ~o alloe~le. S~n~larly, tec~l e~l~ p~vlded bF an engineer on ~e perfo~an~ or operational ca~lAty o~ a piece o~ e~pnent rendered dlre~ly ~n ~e negotiation or a contra~ As allov~le. ]{craver, co~ica~on8 el~ ~e ~ntent to ~nfl~ence na~e b~ a professional (such as · l~censed la.er) or a tec~l (such as a l~c~ed acceptant) are n~ a~1~able under ~c~lon u~les~ ~y prairie a~ice a~ ~alysls directly applying ~neLr prozessAonal or tec~i~l e~18e and ~less ~o advice or analysis is rendered dire~ly ~d solely ~n ~e preparation, s~n~ssion or neq~a~on or a ~er~ Federal ec2~on, TA~, for ~xnnple,. c~t~tl~, vl~ ~e ~tent to Influence uade by a Aesir ~t ~o n~ p~i~e 2~al advice or analysis direc~y .... g ~Y eav~a~o one pro~s8l over answer providing professional l~al oe~l~o, S~u~larly, c~lcat~ons wA~ the Intent to Influence made ~ an engineer pr~d~g engineering analys~o pr~or to ~e preparation or s~n~es~ or bad or proposal ~o ~t all,able ~er ~ section o~nce preparation, o~n~ss~on or negotiation of a a~ered Federal action. 25 F~ereIKe~eter~Vo! ~ ~o ~4~! We~ncsdayDecem~pr ~ ~3/~ot~e~ ~331 ~C) Requirements imposed by or pureuan~ to 3ay as · condition fo. receiving a covured Federal avard include those required by law or regulation, or reasonably expected to be actual svard docunonte. ' (D) Persons other than officers or euplcyeee of a person requesting or receiving a covered Federal action include consultants and trade associations, parser0 0~(2~iv)ph~( (E)of Only those services expressly authorized this section are alloveble under p&ragraphc~X~ (iv). (c) Disclosure. (1) Each person vbo requests or receives free an agency · Federal contract shall fils vlththat agency a cer~lricatlon, set forth in , that the person has not made, and vll2 not Bake, any pe~nent prohibited by paragraph (b) of thio clause. (2) Each person vho xequests or receives free an agency a Federal contract el~ll file vita that agency a disclosure fern, Standard Foru-LL~, egieclosure of Lobbying Activities,' if ouch person has mads or noneppropriatsd funds hi~o a~t°prUo~:s anYfronPe~mantany coveredV~lng Federal action), vhich v~uld be prohibited under paragraph (b) this clause if paid for v~th appropriated funds. (3) Each person shall file a disclosure fo~n at t~e end of each ~alendar qua~cer in b~lich there occurs en~ event that requires disclosure or that materially affects the accuracy of the lnforoation contained in sn~ disclosure fern previously filed by such person under paragraph(~X2) of thio section. An event that Baterially affects ~he accuracy of the infornation reported lncludaaz (l) A cunulative increase of $25,000 or Bore in the anount paid or expected to be paid for influencing or to influence · covered Federal action; oF (ii) A change i~ the person(e) or individual(e) influa~oing or attempting to influence a covered Federal (iii) A chMlgo in tho officer(s), snployee(s), or Ne~ber(e) contacted to ~nfluence or sttenpt to ~nfluenoe s covered Federal action. (4) Any person vho requests or receives free · jSeraon referred to in paregraph(~(1) of this section s subcontract exceeding $100,000 at any tier under a Federal contract shall file a certification, and a disclosure fern, if required, to the next tier above. Federal Re~Latur / Vol ~ No 243 / Wednesday December 30 lgSQ / ~o~ s (5) All disclosure fo~s~ but not certificaL~ons, ~i~all L,e forwarded from tier to tier until received by the person referred to In paragraph~l) of this section. ?hat person shall ~orverd all disclosure tor~ to the agency. (d) Rgreement. In accepti~g any contract resulting from this solicitation, the person submitting the offer agrees not to ~ake any pa~ment prohibited by this clause. (e) Penalties. (1) Any person vho ~akes an expenditure prohib~ted under paragraph (b) of this clause shall be sub~ect to a c~vll penalty of not less than $10,000 and not ~ore than $100,000 for each such expenditure. (2) ~ny person vho tails to file or asend the disclosure fo~ :o be f~led or a~ended ~t re.ired by th~s clause, shall be s~ect to a c~v~l penalty of not less than $10,000 and not ~cre than $~00,000 for each such failure. (3) Contractors may rely vithout liab~l~ty on the representations ~ade by ~e~r a~contractors ~n the certification and d~sclosure ~o~. (f) Cos: allovabllity. No~l~g ~n this clause ~s to be integrated to make allovable or reasonable any costs vh~ch vould be unallov~le or unreason~le In accordance v~ Pa~ 31 of the Federal Acqu~s~tion Regulation. Conversely, costs ~ade specifically unallo~able by ~e retirements ~n th~s clause v~ll ~o~ be ~ade allovable under any et the prov~s~ons of Part 3~ of the Federal Xc~sit~on Re.lateen. (End of Clause) 27 Federal ReSJsler / V~I M No 24~ / Wednesday L)ecember ~ lSI~ ! ~ottces 'INS~U~ON$ FOR COMPL~ON O~ SF.LLL DISCLOSURE OF EOBSYING A~IVITIES ~os~e f~ ~ll ~ completed by d~e fepa,m6 ent,~, w~ther sub~w~dee o~ pdme federal reclp*ent at the Inlttid~ or ~cetpt M a c~ered f~r~ ~, M i materialize to I ~s film& pu~uint to ~lle 3~ U S ~ 1352 ~ fl"ns of I f~ ii ~r~ f~ e~ p~ent M aS~flt to make pa~t to any Iob~n~ ent*~ ~fl~8 ~ I~e~l to hflu~e ~ o~cer ~ emplo~e of ~y q~, I Mem~r of ~nsress, on olh~r or Iden~ ~ s~ of ~e ~emd F~ ~ion Iden~ ~ ~ate d.dfl.t~ of this ~ If ~ h I ~1~ ~ ca~ ~ i ~te~ ~se to the Inf~ ~us~ re~, enter ~ ye~ ~e~ In ~.t~ c~se ~c~o Ente~ t~ ~te of Ihe asr ~ter ~ ~1 ~e, idd~ls, ~, state ~d zip c~ of ~ ~n8 enti~ I~l~e Consr~l ~sm~t, Sublwirdi i~lude b~ are not fimited to su~ontricts, subir~ts ~d COnlrlc~ iwards under f the ~lnizili~ illinS t~ re~ In Item 4 checks 'Subiwi~ee', t~n enter the full nar e idd~ess, ~) vtile and zip c~e of the ~me Federg r~lpmnt Include Coniress:on~ ~stn~, f known Enter ~e N~ of ~ F~er~ ile~ makmS the Iwird or ~ c~ml~ment Include i~ least o~e level ~l~ ile~ ~e, If ~0~ For example, ~pmment of Ttans~na~&on, Umled States C~st Guard Enter ~e Federal p~irim name or desc~pt~on I0~ the covered F~eril ict*on (~tem 1) U ~0~, enter the ~tdos of F~eral Do--tic ~siltece (CFDA) numar for lr~ts coo~ritsve aimeme~ts ~ns and ~mml~ents Enter ~e most approp~ate F~td iden~mi numbe~ ~lilable f~ ~e Fe~ral action ~den~,fied in item 1 (e Request for ~1 (RFP) num~K In,tat on for B:d (IFB} numar Stint announcemenl num~ the contract, ,Stint, or loan ~l~ numar, the appltcit~o~proposal control numar ass~ed by the Federal aien~) Include prefixes, e S, '~P.DE ~01 ~ ,For i covered Federal act*on ~ere there his ~en an Iw~ or loan commitment by the Federal asen~, enter the Federal amount of the ~ir~loan commstme~t for the prime ent~ identified m teem 4 or S (i)Efller the ~11 name, Iddrfls, ~, state and zip c~e of ~e ~by~nS entz~ enialed by ~e red, inS IdenUhed m item 4 to influence the cove~ Feder~ Kbon (b)Enter ~ ~11 names of ~e indtdduil(s) pedo~in8 ~c~, ~d ~1ude ~t~ a~ess d d:fferent bom 10 Enter ~ Name, Ft~t Name, ~d ~e I~tid CMl) Enter ~e i~nt of com~n~h~ p~d ot ma~b~ ex~ed to ~ pa~d b? the ~e~KsnS ent;~ (item 4) to the ,~nl entl~ (item 10) Indicate ~t~e~ ~e ~ent ~s ~n ~ 4actual~ or ~ll.~ ma~.(pi~d~ Chec~ I~1 ~xel that ipp~ If thll ii I ~te~e ~e ~ enter ~ ~mu~at~e imo~t oT p~nt ~ or to h made Federal Re,liter / Vol S4, No 243 / ~Vedne~d,.y December ZO, 1989 / Nohce. DISCLOSURE OF LOBBYING A~iVmES ~'~ Complete Ih~ ~ to ~os~ ~b~m~ ~t~ pu~t lo 31 U S C 13S2 C ~p~at,ve aS~nt ~ ~t ~ F~ M~ C~e O ~ 0 Sub~ T,er ~, ~ ~ ~DA Numar ~ ~tcable . S 10 & N~e ~ Addles M Lobby~ [n~ & ~ feffM~ ~fl (~1~ addr~ d 11 Amour of Pl~eM ~chrck a# ~at ~1~; 1~ T~ M P~M (chec* ~f ~it ~; O d ~tinlenl tfl O a ~sh O f ~fened 14 Briel O~ M ~fl P~ M I0 h P~M ~ OMni) d S~K& ~1~ ~KeKSb tL Contln~ S~(s) ~ ~ ~K~ O Yfl O ~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO 1 TO THE 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 authorized to award grants for a mass transportation program of projects and budget, and WHEREAS, the State of Texas Ks authorized under TEX REV CIV STAT art 6663b, to assist the City in procuring federal a~d for the purpose of establishing and maintaining public and mass transportation projects, and WHEREAS, on August 16, 1994, the C~ty Council adopted Resolu- tion No R94-040 which authorized the City Manager to execute a Public Transportation Contract wlth the Texas Department of Transportation and the State has forwarded an amendment to said Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the C~ty Manager ~s authorized to execute Amendment 1 to the Public Transportation Agreement on behalf of the C~ty of Denton, Texas, with the Texas Department of Transportatlon to a~d in the flnanc~ng of publlc transportation, a copy of which ls attached hereto and lncorporated by reference here~n SECTION II That the Clty Secretary is hereby d~rected to affix upon the face of Resolution No R94-040 a note that ~t amended by th~s resolution, and attach a copy of th~s resolution thereto ~ That th~s resolution shall become effective · mmed~ately upon ~ts passage and approval PASSED AND APPROVED thls the ~ day of ~, 1995 BOB ~ASTLEBERRY, MAYOR/ / ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 3.\w~doce\re~o\&rt~tax tee A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE GREATER DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE, AND PROVIDING ANEFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the city of Denton hereby approves the budget of the Greater Denton Arts Council for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the city and the Arts Council. ~_F~. That this resolution shall become effectIve immediately upon its passage and approval. PASSED AND APPROVED this the/~day of ~, 1994. BCE CAS LEBE Y, YOR/ ATTEST~ JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 1,300 1,163 1,300 A,500 3,3S0 3 SOO J \wpdocs\reeo\f&irtax tee RESOLUTION NO. ~q~-~O~ A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE NORTH TEXAS FAIR ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING ANEFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. Tax Code Ann. §351. 101(c) , the city Council of the City of Denton hereby approves the budget of the North Texas Fair Association for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Association. S~CTION II. That this resolution shall become effective immediately upon 1ts passage and approval. 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: DEBRA A. DHAYOVITCH, CITY ATTORNEY NQRT~I T~XAS ~TATE FAIR ASSOCIATION PROPOSED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1994 THRU SEPTEMBER 30, 1995 I~ORTH TEXAS STATE FAIR ASSOCIATION - LALOR FUNDS PROPOSED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1994 THRU SEPTEMBER 30, 1995 Projected Cash, October 1, 1994 $ 29,404 Receipts Occupancy Tax 64,000 Disbursements Salaries 36,000 Printing 7,000 Advertising 6,000 Travel 2,400 Postage 1,500 Office Supplies and Expenses 1,500 Telephone 3,500 Office Equipment Maintenance 400 Office Equipment 4,700 1,000 Audit 64,000 Projected Cash after Operating Receipts and Disbursements 29,404 Improvements to Commercial Exhibit Buildings (18,000) Projected Cash after Improvements ~ 11~404 NORTH TEXAS $,~ FAIR ASSOCIATION SUPPLEMENT TO PROPOSED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1994 THRU SEPTEMBER 30, 1995 SALARIES An Executive Director and assistant are employed Based on time spent promoting tourism, 65% of these salaries are in the budget PRINTING Catalogs, posters, brochures, etc promoting Denton and the North Texas State Fairground facilities Items are distributed in Texas, Oklahoma, Arkansas, Louisiana, and New Mexico ADVERTISING Road signs, newspapers, radio, monthly publications, etc TRAVE~ Attend meetings, shows, seminars and other activities to promote tourism ~n Denton POSTAGE Mailing catalogs, posters, brochures, etc as well as correspondence to follow up inquiries received at meetings, by phone and through the mall OFFICE SUPPLIES General supplies to maintain an efficient off~ce Necessary to maintain communication OFFICE EQUIPMENT MAINTENANCE The office equipment includes a computer, typewriter, copy machine and add~ng machines that must be maintained in good condition for efficient use Purchase copier and fax machine IMPROVEMENTS Upgrade the Commercial Exhibit Building and make ~t more desirable for current users, and to make it attractive for other uses NORTH TEXAS STATE FAIR ASSOCIATION - LALOR FUNDS ACTUAL AND PROJECTED RECEIPTS AND DISBURSEMENTS FOR THE FISCAL YEAR OCTOBER 1, 1993 THRU SEPTEMBER 30, 1994 Actual Projected Total For Budget 6-30-94 To Year End Year 93-94 Receipts Occupancy Tax ~ 48.844 42 $ 15.200 O0 $ 64,044 42 $ 60,000 O0 Disbursements Salaries 32,536.43 3,248 16 35,784 59 36,000 O0 Printing 333 55 6,100 O0 6,433 55 7,000 O0 Advertising 3,110 O0 3,000 O0 6,110 O0 7,100 O0 Travel 1,800 O0 600 O0 2,400 O0 2,400 O0 Postage 508.00 850 O0 1,358 O0 1,400 O0 Office Supplies and Expenses 1,191 74 200 O0 1,391 74 900 O0 Telephone 2,450 40 600 O0 3,050 40 1,500 O0 Off~ce Equipment Maintenance 205 O0 100 O0 305 O0 200 O0 Off~ce Equipment 5.783 89 5,783 89 3,500 O0 Total 47.919.0! )4,698 16 62.617 17 60,000 O0 Excess (Deficit) Receipts Over Disbursements 925 41 501 84 1,427 25 ) -0- Cash, October 1, 1993 29,619 80 29,619 80 Transfer (1.643 00) (1,643 00) Cash, June 30, 1994 $ 28.902.21 ~8,902 21 Projected Cash, September 30, 1994 $ 29.404 05 S 29.404 05 muRTH TEXAS S~FE FAIn ASSOCIATION - LALOR FUNDS STATEMENT OF CASH RECEIPTS AND DISBURSEMENTS FOR THE QUARTER ENDING JUNE 30, lg94 15t 2nd 3rd Year To Quarter Quarter Quarter Date Cash - Beg3nn~ng } 29,619 80 $ 28,685 49 $ 35,493 66 $ 29,619 80 Receipts' Occupancy Tax 18~525 65 15,062 60 15,256 17 48~844 42 D~sbursements' Salaries 12,706 79 6,581 49 13,248 15 32,536 43 Printing 30 10 303 45 333 55 Advertising 2,600 O0 510 O0 3,110 O0 Travel 600 O0 600 O0 600 O0 1,800 O0 Postage 166 O0 226 O0 116 O0 508 O0 Off~ce Supplies and Expenses 459 64 22 45 709 65 1,191 74 Telephone 1,284 53 589 39 576 48 2,450 40 Office Equipment Maintenance 205 O0 205 O0 Off~ce Equipment 5,783 89 5,783 89 Transfer (1) 1,643 O0 1,643 O0 Total Disbursements 1~.459.96 8,254 43 ~1,847 62 49,562 01 Excess (Deficit) Receipts over Disbursements (934)1) 6,808 17 (6,591 45) (717 ~) Cash - Ending ) ~8.685.49 ) 35~493.66 ) ~8.902 21 ~ 28~902 21 (1) August 1993 deposit in this account that should have been deposited in the Associations Regular Account 03 OS PK b! Jm Bullock h~: lgI~ IlOS lO SO JO In In In In hLr Iii3 SO 10 $S4S 13,300 Sl,3g0 S9,439 II,inS 1167,$05 S=,025 S4,03S Ii,lTl S3S I124, ~eu Heibe~ ~eee S0 IlO0 SO I0 lO t100 lO In In ~lc Il0 I0 140 10 l0 I0 10 l0 %unnl I0 IIi,leS I3,1~0 $0 $0 $14,=~4 10 $0 118,583 t0 II8,S=i l0 S65, TotAL r~cote ISiS 113,5~1 IS,SSS $S,3S0 I3,370 I=S,488 IZ,4S! Ill0,1S! 1=0,8S3 Gtr -> I19,773 ~tr -> 134,308 Gtr -> 1313,4TS G~r -> 135,3T8 t[zpe~let ~zpo Center 10 SO $0 l0 l0 S0 tO lO SO t0 lO $0 ~:ecutxve Dtrector IS,833 In I3,333 lO lO S3,333 13,333 $0 S3,333 IQ S0 S0 112, ?n~r 12~ I0 $0 I0 lO IlO0 $0 lO I0 $0 S0 IO $0 $ 7axr ID3 $8S I0 Il,000 SSI3 l0 l0 15,404 tIe,01~ I33,YOS 17,480 I4,ZD ID] 1149, nnurtace 10 l0 l0 S0 l0 l0 S0 18,8?3 rsh~p lO S0 lO lO lO ISO lO S0 lO lO $0 SO 1448 l~S 10 I0 IlO lO lion lO qote/hterelt Sip l0 t0 l0 l0 l0 l0 l0 l0 ~i~* ,~,S32 lS~= lSlJ t448 t3Vl I?f4 I1,11~ Ills H~tlelen~ I~O0 S3,533 lEO S3,533 S3,S33 S~O0 S=00 S3,533 O~Lce 14083 12~083 I~,083 $L083 l~,083 l~,083 14083 l],083 14083 IL083 S4083 8quxpmeat l0 l0 l0 l0 l0 SO lO l0 l0 S0 So s0 Her :ncote [llt,486) IS,~?! (12,1~3} ($3,~03) (S$,25S) S15,345 t47,416) 1?l,02S (flS,SSt)(tI2,~O$} It4,O08 ($S,478) ($2 itt -) 158,33Z) itt -) IS,liS tlr -> (IZ,OSO) itt -) i$4,6801i01= j \updocs\reso\conven tax RESOLUTION NO. ~ A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENTON COUNTY CONVENTION AND VISITORS' BUREAU OF THE CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. Tax Code Ann. §351.101(c), the city Council of the city of Denton hereby approves the budget of the Denton Convention and Visitors' Bureau of the Chamber of Commerce for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton Chamber of Commerce. SECTION II. That this resolution shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the /~ day of ~, 1994. BOB CASTLEBERRY, MAY7 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Denton Convention & Visitor Bureau Budget for 1994-95 NCOME: I I I =,Current i IPr°p°sed I 1992-93 I 11993-94 ] 11994-95 Sub-Tota Occupancy Tax i 175,725! ~ 187,5601 I 185,126 Occupancy Tax Audit i 16,2751 I I Occupancy Tax Reserve Fund i ~ 46,014~ , 90,912! Interest Income I II[ I 3,700! r Marquee Billboard I I i , i 4,800! TOTAL INCOME. ! 192,000'1 i 233,5741 , 284,538i ' DISBURSEMENTS:! [ I ADMINISTRATION[ I i I I Salaries i I 88,824 i 87,0401 78,750 Payroll Taxes i ~ 6,864 6,7001 [ 5,000i Insurance I I i 4,9251 8,970 , 7,736 Retirement/Car Allowance I 2,0001 6,200 i 6,204 Training i i 3,000 2,000 I 2,0001 Equipment 3,200 2,700i 2,9501 Supphes I I I 600 6001 1,000i Telephone ~ 6,0001 4,500! [ 4,5001 Audit I 1,000 ! 1,0001 [ 1,000[ Pnntmg I 4,000 ! 3,0001 [ 2,500! Postage ~ I 600 121,0131 2,0001 124,710! 1,7501 113,390 CONVEN~I'ION PROMOTION ' Salanes-Contract Servtces 01 i 8,000i Sohc~tatlon/Travel I 12,0001 i 10,0001 13,0001 ConvenMon Serv~cesl I 3,6001 , 2,0001 , 4,0001 Adverbs,~3gl I 1,200! , 5,0001 I 6,0001 ' ' 1,0001 I 1,0001 Promot~o?al Event I 2,0001 Trade Show I I 1,0001 i 1,5001 i 2,0001 Membersh~p/Subscnpbons ! 1,400! 21,200i 1,6001 21,100i 1,000[ 35,000 TOURISM PROMOTION I I ~ Salanes-Contract Services I I 10,0001 Travel/Special Projects I 1,200' ~ 1,5001 4,C00I Tourism services ] I 1,500~ I 3,5001 i 20,0001 Advertisingi , 22,000 I 16,8001 I 25,000, Marquee Billboard i 0' 0i, ~ 16,000l Promo EventsFFradeShows 6,000 5,5001 ~ 10,000, Promotional Material (VIC) 7,000 38,7001 15,000, Membership/Subscriptions 1,000 ! 1,2001 , 2,500, F~lm Corn of North Texas 3,550 42,250/ 3,250 70,450[ 4,500 107,000 I i ! V~s~tor Informabon Center I , Part-time Staff 7,264 10,0001 External Expense Reimbursement 3,000I ~,lnsurance ~ 750 5721 1Utilities I , 3,300 1,792I lSupphesl I 0 5001 iPayroll Tax 0 714' i, Maintenance I 0 870, I Recrultment and Retention 01 3,000~ ',Start-Up Cost ( one time) 6,0001 0' I Miscellaneous 0 17,314 200, ' Total VIC , 20,648 TOTAL' DISBURSEMENTS' 184,463, 1233,5741 276,038 j.\wpdocs\reso\hist.tax A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENTON COUNTY HISTORICAL FOUNDATION, INC. FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SEI___Eq~. That, in accordance with Tex. Tax Code Ann. §351.101(c), the City Council of the city of Denton hereby approves the budget of the Denton County Historical Foundation, Inc. for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton County Historical Foundation, Inc. ~ II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED th~s the/~day of ~, 1994 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BUDGET DENTON COUNTY HISTORICAL FOUNDATION, INC INCLUDING OPERATIONS BUDGET OF DENTON COUNTY HISTORICAL COMMISSION INCOME 100 Lalor Funds, city of Denton $10,210 00 2 O0 Donations (Designated) 3 00 Interest (Designated) TOTAL INCOME $10,210 O0 EXPENSES '92-'93 '93-'94 '94-'95 i'OOE Slides & photographs 500.00 500.00 2'OOE Archives & Reference Library 300.00 300 O0 3'00E Publicatxons 2650.00 3,200.00 3,200 00 3 01E Publication Reprints 3 02E Brochures/Maps 4.00E Projection Equipment/Supplies 260.00 260 00 260~ 5:00E Memberships, Training & Subscriptions 505.00 505 00 1,000 00 6'00E Heritage Projects 850 OO 1,850 O0 1,850 00 6:01E Historical Markers 6.O2E Cemetery Projects 6:03E Museum Assistance 7:00E Business office Operations 2,000 O0 2,000.0 2,000 00 7:OIE Audit & IRS 501c(3) Reports 8'OOE Historical Education 200.00 200.00 20000 9:00E Capital Improvements 400.00 400.00 400 00 10'00E Contingency Fund 500.00 500.00 500 00 TOTAL EXPENSES $10,210 00 ] \updoc$\reao\conven tax A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENTON COUNTY HISTORICAL MUSEUM, INC. FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. Tax Code Ann. §351.101(¢), the City Council of the City of Denton hereby approves the budget of the Denton County Historical Museum, Inc. for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and the Denton County Historical Museum, Inc. ~¢TION II. That this resolution shall become effective immediately upon its passage and approvlal PASSED AND APPROVED this the/~ day of~, 1994. BOB CASTLEBERRY, MAYy ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM= DEBRA A. DRAYOVITCH, CITY ATTORNEY INCOME 4 00 Lalor Funds 59 000 5 00 Grant Funds 5 01 Texas H~stoncal Commission 5 02 Denton l~eneflt League 5 03 Cor0orate 5 04 Government Grants $ 00 Oon~tlons 3,000 8 01 G~ff Shop 6 02 Memonal Fund 7 00 Interest Income 2,000 7 01 MoneymarRe~. 7 02 Cemflcates of Delx~ts 7 03 No~,v Account. 7 04 Enaowment. 8 00 ~31ft Shop Revenue . .. 8,735 8 01 Sales 9 00 Ot~or Income 3,000 9 01 Aault wort<shops g 02 Children's worl<shopa 9 03 Special Events 9 04 User Fees INCOME TOTAL 95,739 EXPENSES I 00E Salertes .. 3~,138 1 01E D~re~or 25,456 1 02E Coll~on Management Assistant. 12,~1 2 00E Co~ Lal~or ~,000 3 0CE Student Lalx~r .. 4,800 ~ 01E Salene~ 3500 $ 02E Workers Compen~ation 500 3 03E FiCA 400 3 04E W~hoiding 400 4 00E MemPemhll~/$u~rtlYd~llS. 900 4 01E Museum ~ations ~00 4 02E Local Aris Orgen,~at~ons 200 4 03E P~ofe~monal Journals I00 $00E Prefl~llonal Tralnlng/1'curiae1 Promotions 12,800 5 01E Staff Tmmtng 800 5 02E Me~la AoYe~limng 8000 5 03E Exhlb~ona 500 5 04E Special promotions 500 5 0SE Brochures 3000 6 00E Ar~ountlng Cae~ .... 4000 8 01E Boai~ keeping 2500 8 02E Audit. 900 8 03E Supplies 500 ~ 04E Government Rel~ls 100 7 00~ Business Operations 7 01E Suppile~ 300 ? 02~ Computer ~qulpme~suppll~ 7 03~ ~n~ur~- ~ 3800 7 ~E F~u,~ 250 7 0SE Securi~lMalntenan~ ~00 7 ~E ~nk ~ce 1 O0 8 ~E ~ll~on Manageme~ ~,~ 8 01E Amh~al Suppl~ 8~ 8 02E Pre~ao~m~on Pmj~ 1700 8 03E ~lb~ ~re~maon 3~ 8 ~E ~nsu~ Pmj~ 1500 8 ~E Pho~m~fly/~b~m~b ~tl~on 1 g ~E Edu~onal P~mm .. 2,~ 9 01E wo~sho~ 500 9 ~E S~tel E~ 700 9 ~E T~I mileage 9 04E O~spia~ g ~E ~h~l n~le~m ~0 10 ~E Volunmr P~mm . .1,~ 10 ~E ~n~on ~0 ~0 ~E Training 11 ~g O~hop .. . ,. ~,~ ~ ~ 02E ~n8~gnmen~ ~ ~ ~E ~1~ T~ ~00 t 2 ~E Co~ngen~ Funds TOTALEXPENSE$ ~,73~. B \BUDGET 911 A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEX. HEALTH & SAFETY CODE § 772.309; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has been pre- sented the 1995 Financial Plan of the Denco Area 9-1-1 District for approval, in accordance with TEX. HEALTH & SAFETY CODE § 772.309 (Vernon 1992); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the City council of the City of Denton hereby approves the 1995 fiscal year budget of the Denco Area 9-1-1 District. ~CTION II. That this resolution shall take effect immediate- ly from and after its passage.~'"'~ ~a~"~ / PASSED AND APPROVED this the y of , 1994. ATTEST:. JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY E \~PDOCS\RES\CENTAPPR RES A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1994-1995 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE WHEREAS, the 1994-95 proposed budget of the Denton Central Appraisal District was submitted to the City of Denton before June 15, 1994; and WHEREAS, the Denton Central Appraisal District adopted this proposed budget on July ~8 , 1994; 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 expendi- ture, 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 Texas Tax Code, approves the 1994-95 budget adopted by the Denton Central Appraisal District. ~. That this resolution shall become effective Immediately upon this passage and approval. PASSED AND APPROVED this the/~:~ay of ~, 1904. JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY J \~pdocs\reso\enterprl res A RESOLUTION AUTHORIZING ANAMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF COMMERCE FOR AN ENTERPRISE ZONE (ENTERPRIZE ZONE II) WITHIN THE LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY; RATIFYING THE ACTION OF THE MAYOR IN EXECUTING THE AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 25, 1994, the City received an amendment from the Texas Department of Commerce to the Agreement between the city and the Department, and the amendment will revise the boundaries of the city's enterprise zone to allow Georgia-Pacific Corporation to apply for State enterprise zone benefits; and WHEREAS, the deadline for submission of the application of Georgia-Pacific for enterprise zone benefits was August 26, 1994; and WHEREAS, the City Council wishes to ratify the action of the Mayor in executing the Agreement so that Georgia-Pacific could quallfy in time to submit its application; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council hereby confirms and ratifies the action of the Mayor in executing the amendment to an agreement between the City of Denton and the Texas Department of commerce for designation of an enterprise zone, under the terms and conditions contained within the agreement, a copy of which is attached and made a part hereof. SECTION II. That the city Secretary is hereby directed to attach a copy of this resolution to Resolution R90-037. ~Q~. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the~day of~, 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 AMENDMENT TO AGREEMENT FOR DESIGNATION OF AN ENTERPRISE ZONE TEXAS DEPARTMENT OF COMMERCE AND THE CITY OF DENTON STATE OF TEXAS COUNTY OF TRAVIS Section 1 The Texas Department of Commerce, an agency of the State of Texas, hereinafter referred to as Department, and the C~ty of Denton, Texas, hereinafter referred to as Umt, do hereby contract and agree to amend their original agreement, as mitmlly executed by the Executive D~rector of Department effectave June 21, 1990 through September 1, 1997 that des~gnatos an area of Umt as the C~ty of Denton Enterprise Zone No 2, hereinafter referred to as Zone Section2 The part~es hereto agree to amend the agreement ~dent~fied m Section 1 above so that Exhibit A, Boundary Descnpt2on and Map of the Zone, ~s rewsed to read hereafter as g~ven m the legal description and m the map attached to th~s amendment, hereinafter referred to as Exlnb~t A and Exhibit B, respectively, and hereby made a part of tl~s amendment Section8 The part~es hereto agree that thru amendment shall become effective th~s 21~t ~lay of August, 1994 Sec~on4 The parties hereto agree that all of the terms of the agreement ~dent~fied m Section I above shall remain m effect and shall continue to govern except to the extent that they conflict with the teri~s of th~s amendment Sec~n5 By the sigmng of th~s amendment, Unit certifies that it has fully satisfied the reqmrements of Section 2303 110 of the Texas Enterprise Zone Act, Texas Government Code, relating to the amendment of enterprise zone boundaries Page I of 2 Section6 By the sigmng of th~s amendment, the part~es expressly understand and agree that th~s amendment shall become a part of the agreement ~dent~fied ~n Section 1 above as though ~t were set forth word for word there~n WITNESS OUR HANDS EFFECTIVE THIS 21st DAY OF AUGUST, 1994 Bob Cast,belayer / C~ty of D~on Approved and accepted on behalf of the Texas Department of Commerce Deborah C Kastr~n, ]~xecut~ve D~rector Texas Department of Commerce This Amendment ~s not effective unless s~gned by the Executive D~rector of the Texas Department of Commerce, or by her authorized designee Page 2 of 2 EXI'{?BIT "A" The general description of the area of the Enterprase Zone II ks as follows: All that certain lot, tract or parcel of land lyang and being satuated in the County of Denton, State of Texas and being more particularly described as follows BEGINNING at a point 450 feet south of the intersection of the south line of the I Coy Survey A-212 with the baseline of IH-35 an the City of Denton, Denton County, Texas, THENCE in a westerly direction passing the northeast corner and with the north line of a tract recorded in Volume 1789, Page 671 R P.R.D.C T to the northwest corner of saad tract, THENCE in a southerly direction with the west line of said tract to the center of Barthold Road; THENCE in an easterly d~rect~on with the center of Barthold Road to the baseline of IH-35, THENCE in a southerly direction with the baseline of Highway IH-35 to its intersection with the extension of the center line of Highway 77; THENCE in a southeasterly direction with the center line of Highway 77 to its intersection with the extension of the easterly lane of a tract described in a deed recorded ~n Volume 604, Page 656 Denton Records of Denton County Texas; THENCE in a southerly direction with the easterly line of said tract to its southeast corner; THENCE in a westerly direction with the south line of said tract to the baseline of IH-35; THENCE in a southerly direction with the baseline of IH-35 to its intersection with the westward extension of the center line of Westgate Drive; THENCE in a westerly direction approximately 750 feet to the ex~st~ng c~ty limits; THENCE with the existing city limit line in a southerly, westerly and southerly directions to the easterly right-of-way line of the A.T & S.F. Railroad; Exhibit A Page 2 THENCE in a southeasterly direction with the easterly right-of-way of the A.T. & S F. Railroad to the ~ntersectaon wath the easterly extensaon of the center line of Hampton Road, THENCE in an easterly d~rect~on to the intersection of the baseline of 1-35; THENCE in a northerly direction with the baseline of IH-35 to its intersection with the westerly extension of the south line of a tract recorded ~n Volume 2695, Page 465 Real Property Records, THENCE in an easterly direction with said south line to the southeast corner of the last mentioned tract; THENC~ in a northerly direction w~th the east line of the last mentaoned tract to the center of Westgate Road; THENCE in an easterly direction with the center line extension of Westgate Drive to the center line of Bonnie Brae Street, THENCE in a northerly direction with the center line of Bonnie Brae to a point 25 feet southeasterly and perpendicular to the center line of Highway 77; THENCE in a southeasterly and southerly directions 25 feet southwesterly and westerly and parallel with the center line of Highway 77 and also the center line of North Elm Street to the intersection of the centerline of W. Hickory Street; THENCE in a westerly direction with the center lane of West Hickory Street to the center line of Bernard Street; THENCE in a southerly direction with the center line of Bernard Street to the center line of Eagle Drive; THENCE in a westerly direction with the center line of Eagle Drive to the centerline of Avenue D; THENCE in a southerly direction with the center line of Avenue D to the base line of I.H 35E; THENCE in a southeasterly direction with the base line of I.H 35E to the center line of Bernard Street; THENCE in a northerly direction with the center line of Bernard Street to the center line of Collins Street, THENCE in an easterly direction wath the center lane of Collins Street to the center line of Carroll Boulevard; THENCE in a southwesterly direction with the center line of Carroll Exhabit A Page 3 Boulevard and also with the center line of Ft Worth Drive to the baselane of Interstate Haghway 1-35E, THENCE in a southeasterly direction wath the basellne of IH-35E to the center line of Dallas Drive; THENCE an a northwesterly direction wath the center lane of Dallas Drave to the center line of Shady Oaks Drave; THENCE in a northeasterly direction w~th the center line ox Shady Oaks Drive to the center line of the old M K. & T Raalroad; THENCE in a southeasterly direction with the center line of the old M.K & T. Railroad to a point 25 feet west of and perpendicular to the center line of Mayhill Road; THENCE in a southwesterly and southerly darections 25 feet west of and perpendicular to the center line of Mayhill Road to a point 25 feet northeasterly and perpendicular to the basellne of IH-35E; THENCE an a northwesterly direction 25 feet northeasterly and parallel with the baseline of IH-35E to the intersection with the northerly northeasterly extension of a tract shown by deed to Josten's, Inc. recorded in Volume 571, Page 39 Deed Records; THENCE in a southwesterly, southeasterly, easterly and northeasterly directions, around the entire tract owned by Josten's, Inc., to a point 25 feet southwesterly and perpendicular to the baseline of IH-35E; THENCE in a southeasterly direction 25 feet southwesterly and parallel to the baseline of IH-35E to its intersection with 25 feet east of and perpendicular to the center line of Mayhill Road; THENCE in a northerly and northeasterly directions w~th the center line of Mayhill Road to the center line of the old M K. & T Railroad; THENCE in a southeasterly direction wath the center line of the old M.K. & T. Railroad to its intersection with the center line of Pockrus Page Road; THENCE in an easterly direction w~th the center lane of Pockrus Page Road to its intersection with the extension of the most southerly southeast line of the Andrew Addition; THENCE in a northwesterly, northerly, easterly, northerly, westerly, northwesterly, northerly and westerly directions along the bomndary lines of the Andrew Corp. properties to the center line of Mayhill Road; Exhibit A Page 4 THENCE in a northerly direction with the center line of Mayhill Road to the center line of F M 426, THENCE in a westerly direction with the center line of F M 426 to a point 25 feet easterly from the center line of Loop 288; THENCE in a northerly direction 25 feet east of and parallel with the center line of Loop 288 to the westward extension line of the southwest corner of the G.D.I Subdivision; THENCE in an easterly and northerly directions with the south line and the east line of said G.D.I Subdivision to a point in the south line of a tract recorded in Volume 636, Page 261 Deed Records; THENCE in an easterly direction along the south line of said tract to the center line of Mayhill Road; THENCE in a northerly direction with the center line of Mayhill Road to the northeast corner of said tract; THENCE in a westerly direction to the most northerly northwest corner of said tract, THENCE in a southerly direction to the re-entrant corner of said tract; THENCE in a westerly direction to a point 25 feet east of and perpendicular to the center line of Loop 288; THENCE in a northerly direction 25 feet east of and parallel to the center line of Loop 288 to a point 25 feet southerly and perpendicular to the center line of Highway U.S. 380; THENCE in a easterly direction 25 feet south of and parallel to the center line of Highway U.S 380 to a point lying north of the northwest corner of a tract described ~n deed recorded in Volume 1783, Page 780 of the Real Property Record of Denton County, Texas; THENCE in a southerly direction, a distance of 923.60 feet to the southwest corner of said tract; THENCE in an easterly direction to the center line of Trinity Road; THENCE in a northerly direction w~th the center line of Trinity Road a distance of 900 feet to a point for a corner, THENCE in a westerly direction to a point at the re-entrant corner of said tract, THENCE in a northerly direction along the westerly east boundary Exhibit A Page 5 line of said tract, passing the northeast corner of said tract and crossing to a point 25 feet northerly from and perpendlcular to the center line of Highway U.S. 380, THENCE in a southwesterly direction 25 feet north of and parallel to the center line of Highway U.S 380 to the center line of Geesling Road, THENCE in a northerly direction with the center line of Geesling Road to the center line of Fishtrap Road, THENCE in a westerly and northwesterly directions with the center line of Fishtrap Road to the center l~ne of the Union Pacific Railroad; THENCE in a southwesterly direction w~th the center line of the Union Pacific Railroad to the northward extension of the west line of the tract described in Ordinance 69-41 of the City of Denton; THENCE in a southerly direction with said west line of said ordinance to the southwest corner of Ordinance 69-41, THENCE in an easterly direction to the northwest corner of a tract recorded in Volume 1256, Page 299 Deed Records; THENCE in a southerly, easterly and southerly directions with the west line and the south line of the tract recorded in Volume 1256, Page 299 Deed Records to the northwest corner of a tract recorded in Volume 521, Page 286 Deed Records; THENCE in a southerly direction along the east boundary line of the past mentioned tract to a point 25 feet northerly from and perpendicular to the center line of Highway U S 380; THENCE in a westerly direction 25 feet northerly and parallel to the center line of Highway U.S. 380 to a point 25 feet westerly from and perpendicular to the center line of Loop 288, THENCE in a southerly direction 25 feet west of and parallel to the center line of Loop 288 to the center lane of F M 426; THENCE in a westerly direction with the center line of Loop 288 to the center line of Ruddell Street, THENCE in a northerly direction with the center line of Ruddell Street to the center line of Mingo Road; THENCE in a northeasterly direction with the center line of Mingo Road to the center line of Highway U.S 380, THENCE in a westerly direction with the center line of Highway U.S. Exhibit A Page 6 380 to the center line of Bell Avenue, THENCE in a southerly direction along the center line of Bell Avenue to the center line of F M 426; THENCE in an easterly direction along the center line of F M. 426 to the center line of the Union Pacific Railroad; THENCE an a southerly direction with the center llne of the Union Pacific Railroad to the center liPe of Sycamore Street, THENCE. in a westerly direction with the center line of Sycamore Street to a point 25 feet east of the center line of Elm Street, THENCE in a northerly and westerly direction 25 feet east of and parallel to the center line of Elm Street and 25 feet northeasterly from and parallel to the center line of Highway 77 to the center line of the east and west section of Riney Road; THENCE in an easterly direction with the center line of the east and west section of Riney Road to the east boundary line of the J.S. Collard Survey A-297 Denton County, Texas; THENCE in a northerly direction with the east boundary line of said Collard Survey to the north line of a tract described in a deed recorded in Volume 963, Page 54 Deed Records; THENCE in a westerly direction with the north lane of the last mentioned tract to the center line of Bonnie Brae Street; THENCE in a northerly direction with the center line of Bonnie Brae Street. approximately 1,800 feet to the north lane of the A. White Survey A-1406; THENCE in a westerly direction with the north line of the A. White Survey to the baseline of IH-35, THENCE. in a northerly direction with the baseline of IH-35 to the point of beginning. AA02503 EXHIBIT B C~ty o£ Denton No 2 N[e t Do 'Ument \~PDOCS\RE$\OPEN NET RE. OL, ION .o. Rq q- o A RESOLUTION SUPPORTING LEGISLATIVE ACTION TO MAKE A TECHNICAL COR- RECTION TO THE TEXAS OPEN MEETINGS LAW TO AUTHORIZE GOVERNMENTAL BODIES TO CONSIDER THE APPOINTMENT OF BOARD AND COMMISSION MEMBERS IN CLOSED SESSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council supports the principles which led to the passage of the Open Meetings Act (the Act) and remains com- mitted to abiding by the Act's requirements to ensure that public business remains open to the public; and WHEREAS, the Act authorizes a governmental body to meet in closed session to deliberate upon the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; and WHEREAS, in 1992, the Attorney General Issued an opinion, Opinion No. DM-149, which determined that the exemption under §2(g) of the Act is not applicable to the appointment of members to the Fire Protection Personnel Advisory Committee and the Volunteer Fire Fighter Advisory Committee; and WHEREAS, prior opinions of the Attorney General, specifically Attorney General Opinion H-1045 (1977), have stated that "the pri- mary interest protected by section 2(g) is that in avoiding possible unjustified harm to the reputation of the individual officer or employee under consideration..; and WHEREAS, the City Council finds that the current statutory interpretation of the Act provides for treatment of City employees in the appointment process differently than volunteers who are appointed to serve on City boards, that this treatment is inequita- ble and it is more equitable to treat members of advisory com- mittees, who are volunteering their time and service to the City, in the same manner as other City employees and members of decision- making committees; and WHEREAS, the Council also finds that extending the section 2(g) exemption to the appointment process of members to advisory boards and commissions would avoid possible unjustified harm to the reputations of individuals under consideration for appointment to City boards and commlssions; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the City Council hereby supports the ~ntro- duction and passage of legislation which would authorize a govern- mental body to deliberate, if it so chooses, upon the appointment of members to advisory boards and commissions in closed sessions; ~ That the City Secreta~ is hereby directed to fo~ard a copy of this resolution to Senator Steve Carriker, Senator Jane Nelson, Representative Jim Horn, Representative MaT Denney, Representative Ben Campbell, Don Walker, Texas Municipal League Region 8 District, and Frank Sturzl, Executive Director of the Texas Municipal ~a~e; and ~ That this resolution shall become effective i~ediptely upon its passage and approval. BOB CAST.BEVY, 7R ~ ATTEST: JENNIFER WALTERS, CITY SECRETLY APPROVED AS TO ~GAL FO~: DEB~ A. D~YOVITCH, CITY ATTO~EY PAGE 2 E \~PDOC$\RE$~A ~RLAY A RESOLUTION ADOPTING THE AIRPORT LAYOUT PLAN FOR THE DENTON MUNICIPAL AIRPORT, CITY OF DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Airport Advisory Board at its regular meeting on March 16, 1994 voted unanimously to recommend adoption to the Airport Layout Plan for the Denton Municipal Airport showing the extension of the existing runway to 7,500 feet and a proposed 5,000 feet runway lying 700 feet west of and parallel to the existing runway; and WHEREAS, the Denton Planning and Zoning Commission considered the Airport Layout Plan for the Denton Municipal Airport at its regular meeting on July 13, 1994 and voted unanimously to recommend adoption of the said Airport Layout Plan by the City Council; and WHEREAS, the Federal Aviation Administration (FAA) , after conduct- lng an Aeronautical Study (NO. 94-ASW-0103), has conditionally approved the said Airport Layout Plan; and WHEREAS, the Board of Directors of the Denton Chamber of Commerce at its regular meeting on July 21, 1994 adopted a resolution recommending the said Airport Layout Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: ~ That the Airport Layout Plan for the Denton Municipal Airport showing the extension of the existing runway to 7,500 feet and a proposed 5,000 feet runway lying 700 feet west of and parallel to the existing runway, is hereby adopted. ~ That the Airport Layout Plan attached hereto and identified as Sheet 2 of 10, prepared by Coffman and Associates, dated July 26, 1994, is made a part hereof for all purposes. ~ That this resolution shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this /~day of ~ 1994. APPROVED TO LEGAL FORM: DEBRA DRAYOVITCH, CITY ATTORNEY % E \~PDOCS\RE~\CAP~TAL IH A RESOLUTION A~PTING THE CAPITAL IMPROVEMENT PLAN PRO~SED BY THE PLANNING MD ZONING CO~ISSION; MD PROVIDING FOR ~ EFFECTIVE DATE. ~EREAS, on the 25th day of May, 1994 the Planning and Zoning Co~ission reco~ended the capital improvements to be constructed during the forthcoming year; and ~E~AS, the City Manager furnished a copy of the reco~enda- tions to the City Council on the 7th day of June, 1994; and ~EREAS, all of the above actions were taken in compliance with the retirements of Section 10.03(a)(6) of the City Charter; and ~EREAS, the City Council wishes to focally adopt the recom- mendations of the conission; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I, That the Council approves the attached list of capital improvements proposed to be const~cted during the forthcoming year. SECTION II, That this resolution shall become effective lnediately upon its passage and ~al. ~/~F PASSED ~D APPROVED this the A.~__~day o 1994. BOB CASTLEB ~ ATTEST: JENNIFER WALTERS, CITY SEC~T~Y DEB~ A. D~YOVITCH, CITY ATTO~EY -g ooooooooooo~ g ooooooogg g ~ ooooo~ ~ ooooooog ~oooo~ g ~ ~ ~. E \gPDOCS\RE$\ROLLI#G HIL RESOLUTION NO. ~ A RESOLUTION TEMPORARILY CLOSING ROLLING HILLS CIRCLE FROM 18 ROLLING HILLS CIRCLE TO 29 ROLLING HILLS CIRCLE ON SATURDAY, OCTOBER 29, 1994; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Dora Kenney, representing the Forestridge Home Owners' Association, is requesting that Rolling Hills Circle, from 18 Rolling Hills Circle to 29 Rolling Hills Circle, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 5:00 p.m. until 10:00 p.m. on Saturday, October 29, 1994 for the purpose of having a neighborhood street dance, weenie roast, haunted house and hay ride; and WHEREAS, Dora Kenney, representing the Forestridge Home Owners' Association, has assured the City that the property owners in this area have agreed to the temporary closing of this road, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: ~ That Rolling Hills Circle, from 18 Rolling Hills Circle to 29 Rolling Hills Circle, a public street within the cor- porate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 5:00 p.m. until 10:00 p.m. on Saturday, October 29, 1994, for the purpose of having a neigh- borhood street dance, weenie roast, haunted house and hay ride. ~_~ That the City Manager shall direct the appro- priate ,city department to erect barricades on Rolling Hills Circle, from 18 Rolling Hills Circle to 29 Rolling Hills Circle, at 5:00 p.m~e p.m. and to have the same removed at 1~0:~0 PASSED AND APPROVED this the~O/' day of 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY J \wpdocs\reso\coug&r.res RESOLUTION NO. ~ A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN MOUNTS STREET AND DENTON STREET ON FRIDAY, OCTOBER 7, 1994; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Albert Thomas, representing the Denton Independent School IDistrict (DISD), is requesting that Congress Street between Mounts l Street and 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 11:30 a.m. to 3:30 p.m. on Friday, October 7, 1994, for the purpose of having the annual Cougar Day event; and WHEREAS, the DISD is the only property owner affected by this temporary closing of this road; and WHEREAS, the annual Cougar Day 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 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 Mounts Street and Denton Street from the hours of 11:30 a.m. until 3:30 p.m. on Friday, October 7, 1994; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~Q~_~. That Congress Street, between Mounts Street and 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 11:30 a.m. to 3:30 p.m. on Friday, October 7, 1994, for the purpose of having the annual Cougar Day event. ~. That the City Manager shall direct the appropriate city Department to erect barricades on Congress Street from its intersection with Mounts Street and 1ts intersection with Denton Street on Friday, October 7, 1994 at 11:30 a.m. and to have the same removed at 3:30 p.m. on sa~d date. ~. That this resolution shall become effective lmmediately upon 1ts passage and approval. PASSED AND APPROVED this the~/~day of~994' BOB CASTLEBERRY, MAY1 ~ j.\wpdocs\reeo\brookl&k.res A RESOLUTION TEMPORARILY CLOSING BROOKLAKE STREET WEST FROM THUN- DERBIRD DRIVE TO BROOKHOLLOW DRIVE ON SATURDAY, OCTOBER 15, 1994; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, Renee Horton, representing the neighbors of Brooklake Street~West, is requesting that Brooklake Street West from its intersection with Thunderbird Drive to its intersectIon with Brookhollow Drive, 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. to 8:00 p.m. on Saturday' October 15, 1994, for the purpose of having a block party;l and WHEREAS, the residents of Brooklake Street West, from its intersection with Thunderbird Dr~ve to its intersection w~th Brookbollow Drive, having signed and presented the city Council with a petition agreeing to the temporary closing of Brooklake Stree~ West; NOW, THEREFORE, THE cOUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: That Brooklake Street West, from its intersection with ~~d Drive to 1ts intersection with Brookhollow Drive, a public street within the corporate limits of the City of Denton, Texasi be temporarily closed to vehicular traffic from the hours of 4:00 p.m. and 8:00 p.m. on Saturday, October 15, 1994, for the purpose of having a block party. ~. That the city Manager shall direct the appropri- ate City Department to erect barricades on Brooklake Street West, from ~t~ intersection with Thunderbird Drive to 1ts intersection with Brookhollow Drive on Saturday, October 15, 1994 at 4:00 p.m. and tO have the same removed at 8:00 p.m. on said date. ~__~. That this resolution shall become effective immediately upon its pa,sage and apP~' ~ PASSED AND APPROVED this the~~ day of 1994. D \WPDOCS\RES\BUD~ET.ADJ A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1993-94; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the budget adjustments, as Indicated on Exhibit "A", attached hereto and incorporated by reference herein, for the fiscal year 1993-94 are hereby, in all thlngs, approved and ratified. SECTION II. That this resolution shall become effective immediately upon 1ts passage and approval. PASSED AND APPROVED this the~day o~ 1994. BOB CASTLEBERRY, MAYO~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY RESOLUTION EXHIBIT A FISCAL YEAR 1993-94 YEAR END BUDGET ADJUSTMENT CURRENT INC(DEC) MODIFIED GENERAL FUND EXPENDITURES BUDGET AMOUNT BUDGET LJbrary Administration 233,390 2,612 236,002 F~re Operations 3,708,038 21,000 3,729,038 Accounting Miscellaneous 646,014 20,000 666,014 Facilities Management 1,104,131 21,000 1,125,131 Police Department 6,464,202 (21,000) 6,443,202 Leisure Sennces 1,103,804 (10,000) 1,093,804 Park MeJntenance 1,225,058 (33,612) 1,191,4~,8 Net General Fund Adjustment 14,484,637 0 14,484,637 ELECTRIC FUND EXPENDITURES Electric Communications 426,985 44,100 471,085 Electric Production 52,566,251 (44,100) 52,522,151 Net Electdc Fund Ajustment 0 q~\WPDOC$%RES\~P~%NT1 AIR RESOLUTION NO. ~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A G~T FOR DEVELOPMENT OF THE DENTON ~g3NICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has submitted to the Federal Avia- tion A~ministratlon (FAA) an application for Federal Assistance, requesting a grant of Federal Funds for a project for the development of the Denton Municipal Airport; and WHEREAS, the FAA has approved a project for development of the Airport consisting of a Master Plan Update and Environmental Impact Assessment Report; and WHEREAS, the city Manager has been advised by FAA officials that the Federal Aviation Administration may soon submit to the City of Denton a Grant Offer in the amount of One Million Four Hundred and Seventy-Five Thousand Dollars ($1,475,000), as author- lzed by the Airport and Airway Improvement Act of 1982 for such airport planning and development; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton hereby authorizes the City Manager to accept the Grant Offer from the Federal Aviation Admin- istration in the amount of One Million Four Hundred and Seventy- Five Thousand Dollars ($1,475,000). SECTION II. That the City Manager or h~s designate 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 become effective ~mmediately upon ~ts passage and~l. ~~.~ PASSED AND APPROVED this the&~/' day o 1994 ATTEST: BOB CASTLEBERRY, MAYOR/~ JENNIFER WALTERS, CITY SECRETARY / DEBEA A. D 3__O CITY ATTO EY OOT 1994 Agreement No SW-373 REIMBURSABLE AGREEMENT between DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTP~ATION SOUTHWEST REGION and CITY OF DENTON. TEXAS WHEREAS, the Federal Aviation Administration, hereinafter referred to as the FAA, and the City of Denton, Texas herein referred to as Sponsor, have entered ~nto Reimbursable agreement No DTFA07-94-Z-0006 Reimbursable was numbered in error and number is to change to SW-373 Ail correspondence hereafter, will be numbered SW-373 pertaining to th~s agreement Th~s amendment in no way changes any other provision of th~s agreement FEDERAL AVIATION/AD. MINISTR3%TION Date Agreement No DTFA07-94-Z-00006 REIMBURSABLE AGREEMENT between DEPARTMENT OF TRANSPORTATIQN FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION and CITY OF DENTON, TEXAS WHEREAS, the Federal Aviation Administration, hereinafter referred to as the FAA, is ~n the pos~t~on to furnish directly or ~ndlrectly supplies, equipment, and servlces which the City of Denton, Texas, hereinafter referred to as Sponsor, requires, has funds available for, and has determined should be obtained from the FAA, and WHEREAS, Section 301(b) of the Federal Aviation Act of 1958, as amended, (P L 85-726), the current appropriations act for the f~scal year in which the Agreement is to be performed and other applicable laws authorize the FAA to acquire, establish, ~mprove, operate, and maintain a~r-navlgat~onal facilities wherever necessary, to provide necessary facilities for the regulation and protection of air traffic, and to credit to available appropriations, or as deposits to m~scellaneous receipts, funds received fron non-federal public authorities and private sources for expenses incurred in the maintenance, operation, or establishment of air-navigational facilities, and WHEREAS, the Sponsor ~s planning to relocate the Instrument Landing System (ILS) Locallzer on runway 17, Denton Municipal Airport, Texas Th~s relocation ~s required due to extension of runway 35 by 1000 feet under an Airport Improvement pro~ect The City of Denton w~ll remove and store the LOC antenna array, remove the old LOC platform, construct a new foundation, · nstall new cable, complete all items of work necessary for the electronics installation NOW THEREFORE, the FAA and Sponsor mutually agree as follows ARTICLE I ~ T~tle and Description Qf Pro~ect The project t~tle shall be "Remove and Re ~nstall ILS LOC, Runway 17, at Denton Municipal Airport" (a) The FAA w~ll provide electronic engineering, electronics · nstatlat~on, and w~ll coordinate and conduct the FAA flight ~nspect~on (b) The Sponsor will provide any additional land for the extension, if required by the project, at no additional charge to the FAA Reambursable Agreement # DTFA07-94-Z-00006 Page 2 of 5 (c) The FAA shall provade , the followang categoraes of servaces at the estimated cost below Electronic EnGlneerang $ 2,000 Drafting 1,000 Electronics Installation 31,000 Flaght inspection 26,000 Sub-total $60,000 Admanastratlve overhead 26% 15,600 Total $75,600 ARTICLE II -Reimbursement,Performance,and AccountanG Arrangements A The Sponsor will reamburse the FAA upon completion of the Agreement or quarterly in arrears, whichever OCCURS farst, for the actual costs ~ncurred for all or any part of supplies, equapment, or services furnashed by FAA for the accomplishment of Article I and upon revocation or termination of the AGreement for any cause, the Sponsor will reamburse the FAA for all necessary laqu~datang expenses, which wall include the 26 percent Admanlstrat~ve Overhead B Admanastrative overhead wall be assessed on each b~ll at the rate of 26 percent The overhead represents the cost to the FAA of those indirect expenses which are a part of the cost of overhead agency operations The overhead rate shall be ad3usted automatically and wathout the necessity for formal amendment of the Agreement upon assuance of revised rates in Order 2500 35 C The FAA hereby ldentafaes the Southwest Region, Fort Worth, Texas, as beanG assagned responsablllty for the accomplashment of the agreement The Accounting Branch identified by FAA as the billinG offace ~s Federal Avaataon Admlnastrataon Accounting Branch, ASW-42E Fort Worth, TX 76193-0042 (817) 222-5480 The level of detail to be included an the billing will be that normally provided by FAA and avaalable from FAA accounting records D The Sponsor hereby ~dentlfaes the offace to which FAA w~ll ~ender bills for the actual pro3ect costs ~ncurred as City of Denton Mr Rick Svehla Deputy City Manager 215 East McKlnney Denton, TX 76201 (817) 566-8307 Reimbursable Agreement No DTFA07-94-Z-00006 Page 3 of 5 E The amounts set forth in this Agreement are estimates and may be adjusted to recover the FAA's actual costs If during the course of th~s Agreement, actual costs are expected to exceed the estimate by more than 10 percent, the FAA will not~fy the Sponsor, ~n writing, as soon as this ~s known, but not less than 30 days prior to submission of the final billing F Payment for bllllngs ~S due 30 days from the date of the bill Late charges may be assessed on delinquent payments and w~ll apply to the overdue payment for each 30 day per~od or portlon thereof that payment ~s delayed as follows (1) Interest shall be assessed on the basic amount due at the prevailing rate f~xed by the U S Treasury (2) Penalties shall be assessed on the unpaid port~on of basic charges and overhead remaining more than 90 days past due at the rate of slx percent per annum (3) Adm~nlstratlve charges shall be assessed when the debt becomes delinquent 30 days from the billing day at a fixed standard rate of $12 per month ARTICLE III - Amendment Any change in the supplies, equipment, or services to be furnished under this agreement shall be formalized by an appropriate written amendment to the Agreement which shall outline ~n detail the exact nature of the change ARTICLE IV - Effective Dare This Agreement supersedes any previous Agreement between the parties on the subject matter set forth ~n Article I hereof, and is effective on date of s~gnature by the FAA ARTICLE V - Liability A Hold Harmless Sponsor agrees to defend any su~t brought against the United States, the FAA, or any ~nstrumentallty or off~ce of the United ~tates arising out of work under this Agreement Sponsor further agrees to hold the United States the FAA, or any instrumentality or officer of the Un~ted States harmless against any claim by the Sponsor or any agency thereof, or third persons for personal · njury, death, or property damage arising out of work under th~s agreement Reimbursable AGreement No DTFA07-94-Z-00006 Page 4 of 5 B Damages Except for damage to or destruction of FAA property caused by the FAA or any FAA personnel, Sponsor agrees to reimburse the FAA for any damage to or destruction of FAA property arlelnG out of work under this agreement C Duration of Hold Harmless Provision Whereas both parties hereto do mutually agree, it is hereby understood and agreed that the aforesaid Hold Harmless provision is applicable only during the period from inception of work under this AGreement through the completion of work, final acceptance, and recertlflcatlon of the system by the FAA ARTICLE VI - Ownership of Assets The FAA shall retain ownership of all materials and equipment which it furnishes an the accomplishment of this Agreement ARTICLE VII - Revocation Thls agreement may be revoked at any time by either party by 30 days notice an writing to Federal Aviation Administration Fort Worth, TX 76193-0055 Attn Contracting Officer (817) 222 -4334 ARTICLE VIII - Acceptance The FAA and Sponsor agree to the provisions of this agreement as indicated by the s~gnature of their duly authorized officers ATTEST Reimbursable Agreement No DTFA07-94-Z-00006 Page 5 of 5 CERTIFICATE ~ I~certlfy that I am the named as S o~or 1 --- ~ ~Agreement, p n the foregoing that ~ ~ ~ who s~gned sa~d Agreement on behalf of sa~d Sponsor, was then ~ of said Sponsor, that said ~reement was duly signed for and in behalf of said Sponsor by authority of its governing body (certified copy of authorizing resolution or ordinance is attached) and is within the scope of its powers (SE~) Agreement No DTFA07-94-Z-00006 REIMBURSABLE AGREEMENT between DEPARTMENT OF TRANSPQRTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION and CITY OF DENTON, TEXAS WHEREAS, the Federal Aviation Administration, hereinafter referred to as the FAA, ~s in the position to furnish directly or ~nd~rectly supplies, equipment, and services whmch the City of Denton, Texas, hereinafter referred to as Sponsor, requires, has funds available for, and has determined should be obtained from the FAA, and WHEREA~, Section 301(b) of the Federal Aviation Act of 1958, as amended, (P L 85-726), the current appropriations act for the fiscal year in which the Agreement is to be performed and other applicable laws authorize the FAA to acquire, establish, improve, operate, and maintain air-navigational facilities wherever necessary, to provide necessary facilities for the regulation and protection of air traffic, and to credit to available appropriations, or as deposits to miscellaneous receipts, funds received fron non-federal public authorities and private sources for expenses incurred in the maintenance, operation, or establishment of air-navigational facilities, and WHEREAS, the Sponsor is planning to relocate the Instrument Landing System (ILS) Local~zer on runway 17, Denton Municipal Airport, Texas This relocation ~s required due to extension of runway 35 by 1000 feet under an Airport Improvement pro]ect The City of Denton will remove and store the LOC antenna array, remove the old LOC platform, construct a new foundation, install new cable, complete all items of work necessary for the electronics installation NOW THEREFORE, the FAA and Sponsor mutually agree as follows ARTICLE I - Title and Description of Proqect The project title shall be "Remove and Re-install ILS LOC, Runway 17, at Denton Municipal Airport" (a) The FAA will provide electronic engineering, electronics ~nstallatlon, and will coordinate and conduct the FAA flight inspectIon (b) The Sponsor w~ll provide any additional land for the extension required by the project, at no additional charge to the FAA Reimbursable Agreement # DTFA07-94-Z-00006 Page 2 of 5 (c) The FAA shall provide , the following categories of services at the estimated cost below Electronic Engineering $ 2,000 Drafting 1,000 Electronlcs Installation 31,000 Flight inspection 26,000 Sub-total $60,000 Admmnlstratlve overhead 26% 15,600 Total $75,600 ARTICLE II -Reimbursement,Performance,and AccountlnQ ArranGements A The Sponsor will reimburse the FAA upon completion of the Agreement or quarterly in arrears, whichever occurs first, for the actual costs incurred for all or any part of supplies, equipment, or services furnished by FAA for the accomplishment of Article I and upon revocation or termination of the Agreement for any cause, the Sponsor will reimburse the FAA for all necessary liquidating expenses, which will include the 26 percent Administrative Overhead B Administrative overhead will be assessed on each bill at the rate of 26 percent The overhead represents the cost to the FAA of those indirect expenses which are a part of the cost of overhead agency operations The overhead rate shall be ad]usted automatically and without the necessity for formal amendment of the Agreement upon ~ssuance of revised rates in Order 2500 35 C The FAA hereby sdentlfles the Southwest Region Fort Worth, Texas, as being assigned responsibility for the accomplishment of the agreement The Accounting Branch identified by FAA as the billing office is Federal Aviation Administration Accounting Branch, ASW-42E Fort Worth, TX 76193-0042 (817) 222-5480 The level of detail to be included in the billing will be that normally provided by FAA and available from FAA accounting records D The Sponsor hereby identifies the office to which FAA will render b,lls for the actual project costs incurred as City of Denton Mr Rick Svehla Deputy City Manager 215 East McKlnney Denton, TX 76201 (817) 566-8307 Reimbursable Agreement No DTFA07-94~Z-00006 Page 3 of 5 E The amounts set forth in this Agreement are estimates and may be adjusted to recover the FAA's actual costs If during the course of this Agreement, actual costs are expected to exceed the estimate by more than 10 percent, the FAA will notify the Sponsor, in writing, as soon as this is known, but not less than 30 days prior to submission of the final billing F Payment for balllngs is due 30 days from the date of the bill Late charges may be assessed on delanquent payments and wall apply to the overdue payment for each 30 day period or portion thereof that payment is delayed as follows (1) Interest shall be assessed on the basic amount due at the prevaallng rate faxed by the U S Treasury (2) Penaltaes shall be assessed on the unpaad portaon of basic charges and overhead remalnang more than 90 days past due at the rate of slx percent per annum (3) Adminlstratave charges shall be assessed when the debt becomes delinquent 30 days from the billing day at a fixed standard rate of $12 per month ARTICLE III - Amendment Any change an the supplaes, equapment, or servaces to be furnished under this agreement shall be formalized by an appropriate written amendment to the Agreement whach shall outline in detaal the exact nature of the change ARTICLE IV - Effectave Date This Agreement supersedes any previous Agreement between the parties on the subject matter set forth in Article I hereof, and is effective on date of signature by the FAA ARTICLE V - Laabllatv A Hold Harmless Sponsor agrees to defend any suat brought agaanst the United States, the FAA, or any anstrumentallty or office of the United States arising out of work under this Agreement Sponsor further agrees to hold the United States, the FAA, or any anstrumentallty or officer of the United States harmless against any claim by the Sponsor or any agency thereof, or third persons for personal injury, death, or property damage araslng out of work under this agreement Reimbursable AGreement No DTFA07-94-Z-00006 Page 4 of 5 B Damages Except for damage to or destruction of FAA property caused by the FAA or any FAA personnel, Sponsor agrees to reimburse the FAA for any damage to or destruction of FAA property arising out of work under this agreement C Duration of Hold Harmless Provision Whereas both parties hereto do mutually agree, it is hereby understood and agreed that the aforesaid Hold Harmless provision is applicable only during the perlod from inception of work under th~s Agreement through the completion of work, final acceptance, and recert~flcatlon of the system by the FAA ARTICLE VI - OwnershlD of Assets The FAA shall retain ownership of all materials and equipment which it furnishes in the accomplishment of this Agreement ARTICLE VII - Revocation This agreement may be revoked at any time by e~ther party by 30 days notice in writing to Federal Aviation Administration Fort Worth, TX 76193-0055 Attn Contracting Officer (817) 222-4334 ARTICLE VIII - Acceptance The FAA and Sponsor agree to the provisions of this agreement as indicated by the signature of their duly authorized officers Reimbursable Agreement No DTFA07-94-Z-00006 Page 5 of 5 CERTIFICATE named as Sponsor ~n the foregolnG Agreement, that ~ who signed sa~d Agreement on behalf of sa~d Sponsor, was then ~ of sa~d Sponsor, that sa~d Agreement was duly signed for and in behalf of sa~d Sponsor by authority of ~ts Governing body (certified copy of author~zlng resolutIon or ordinance is attached) and ~s w~th~n the scope of ~ts powers (SEAL) ~ Agreement NO DTFA07-94-Z-00006 REIMBURSABLE AGREEMENT between DEPARTMENT OF TRANSPORTATION FEDEP~AL AVIATION ADMINISTRATION SOUTHWEST REGION and CITY QF DENTON. TEXAS WHEREAS, the Federal Aviation Administration, hereinafter referred to as the FAA, ie in the position to furnish directly or indirectly supplaes, equipment, and services which the C~ty of Denton, Texas, hereinafter referred tO as SpOnsor, requires, has funds available for, and has determined should be obtained from the FAA, and WHEREAS, Section 301(b) of the Federal Aviation Act of 1958, as amended, (P L 85-726), the current approprlataons act for the fiscal year in whach the AGreement ~s to be performed and other applicable laws authorize the FAA to acquire, establish, improve, operate, and maantaln a~r-navlGataonal facilities wherever necessary, to provide necessary facilities for the regulation and protection of air traffic, and to credit to available appropriations, or as deposits to miscellaneous receipts, funds received fron non-federal public authoritaes and private sources for expenses ancurred the maintenance, operation, or establishment of alr-navlgataonal facilities, and WHEREAS, the Sponsor ~s plannanG to relocate the Instrument Landing System (ILS) Localizer on runway 17, Denton Municipal A~rport, Texas Thas relocation ~s required due to extension of runway 35 by 1000 feet under an A~rport Improvement project The C~ty of Denton will remove and store the LOC antenna array, remove the old LOC platform, construct a new foundation, · netall new cable, complete all items of work necessary for the electronics ~nstallatlon NOW THEREFORE, the FAA and Sponsor mutually agree as follows ARTICLE I - Title and Descraotaon of Pronect The project title shall be "Remove and Re-anstall ILS LOC, Runway 17, at Denton Municipal Airport" (a) The FAA will provlde electronac engineering, electronacs · nstallataon, and wall coordanate and conduct the FAA flight ~nspectlon (b) The Sponsor will provade any addatlonal land for the extension, required by the project, at no addltaonal charge to the FAA Reimbursable Agreement # DTFA07-94-Z-00006 Page 2 of 5 (c) The FAA shall provide , the following categories of services at the estimated cost below Electronic Engineering $ 2,000 Drafting 1,000 Electronics Installation 31,000 Flight inspection 26.000 Sub-total $60,000 Administrative overhead 26% 15.600 Total $75,600 ARTICLE II -Reimbursement,Performance.and Accounting ArranGements A The Sponsor will reimburse the FAA upon completion of the Agreement or quarterly in arrears, whichever occurs first, for the actual costs incurred for all or any part of supplies, equipment, or services furnished by FAA for the accomplishment of Article I and upon revocation or termination of the Agreement for any cause, the Sponsor will reimburse the FAA for all necessary liquidating expenses, which will include the 26 percent Administrative Overhead B Administrative overhead w~ll be assessed on each bill at the rate of 26 percent The overhead represents the cost to the FAA of those indirect expenses which are a part of the cost of overhead agency operations The overhead rate shall be adjusted automatically and without the necessity for formal amendment of the Agreement upon issuance of revised rates in Order 2500 35 C The FAA hereby identifies the Southwest Region, Fort Worth, Texas, as being assigned responsibility for the accomplishment of the agreement The Accounting Branch identified by FAA as the billing office ~s Federal Aviation Administration Accounting Branch, ASW-42E Fort Worth, TX 76193-0042 (817) 222-5480 The level of detail to be included ~n the billing will be that normally provided by FAA and available from FAA accounting records D The Sponsor hereby ~dent~flee the off~ce to which FAA w~ll render b~lls for the actual project costs incurred as City of Denton Mr Rick Svehla Deputy City Manager 215 East McKlnney Denton, TX 76201 (817) 566-8307 Reimbursable AGreement No DTFA07-94-Z-00006 Page 3 of 5 E The amounts set forth in this AGreement are estimates and may be adjusted to recover the FAA's actual costs If during the course of th~s Agreement, actual costs are expected to exceed the estimate by more than 10 percent, the FAA will notify the Sponsor, in writing, as soon as this is known, but not less than 30 days prior to submission of the final blltlng F Payment for billings is due 30 days from the date of the bill Late charges may be assessed on delinquent payments and will apply to the overdue payment for each 30 day period or portion thereof that payment is delayed as follows (1) Interest shall be assessed on the basic amount due at the prevaillnG rate fixed by the U S Treasury (2) Penalties shall be assessed on the unpaid portion of basic charges and overhead remaininG more than 90 days past due at the rate of six percent per annum (3) Administrative charges shall be assessed when the debt becomes delinquent 30 days from the billing day at a fixed standard rate of $12 per month ARTICLE III - Amendment Any change in the supplies, equipment, or services to be furnished under this agreement shall be formalized by an appropriate written amendment to the Agreement which shall outline in detail the exact nature of the change ARTICLE IV - Effective Da~ Thls Agreement supersedes any previous Agreement between the part~es on the sub3ect matter set forth in Article I hereof, and is effective on date of signature by the FAA ARTICLE V - Liability A Hold Harmlesg Sponsor agrees to defend any suit brought against the United States, the FAA, or any instrumentality or off~ce of the United States arzslng out of work under th~s Agreement Sponsor further agrees to hold the United States, the FAA, or any instrumentality or officer of the Un~ted States harmless against any claim by the Sponsor or any agency thereof, or third persons for personal ~n]ury, death, or property damage arising out of work under this agreement Reimbursable Agreement No DTFA07-94-Z-00006 Page 4 of 5 Except for damage to or destruction of FAA property caused by the FAA or any FAA personnel, Sponsor agrees to reimburse the FAA for any damage to or destruction of FAA property arising out of work under this agreement C Duration of Hold Harmless Provision Whereas both parties hereto do mutually agree, at ~s hereby understood and agreed that the aforesaid Hold Harmless provls~on ~s applicable only during the per~od from ~nception of work under th~s Agreement through the completion of work, final acceptance, and recert~f~cat~on of the system by the FAA ARTICLE VI - Ownership Qf Assets The FAA shall retain ownership of all materials and equipment which ~t furnishes in the accompllshment of this Agreement ARTICLE VII - Revocation This agreement may be revoked at any t~me by e~ther party by 30 days notice in writing to Federal Aviation Adm~n~stratlon Fort Worth, TX 76193-0055 Attn Contract lng Officer (817) 222-4334 ARTICLE VIII - AccePtance The FAA and Sponsor agree to the prov~s~ons of th~s agreement as · ndlcated by the s~gnature of their duly authorized officers CITY OFDENT~N~ T~XAS j ~ FEDERAL AVIATION ADMINISTR3%TION  Date By Title Title Reimbursable Agreement No DTFA07-94-Z-00006 Page 5 of 5 CERTIFICATE , I~ certify that I am the ~ named as Spon~r in the foregoing Agreement, that~ ~ who signed sa~d Agreement on behalf of said Sponsor, was then ~ of said Sponsor, that said Agreement was duly signed for and in behalf of said Sponsor by authority of ~ts governing body (certified copy of authorizing resolutIon or ordinance Ks attached) and is w~thln the scope of ~ts powers (SEAL) ~ U S Department of Transportabon FOR DEVELOPMENT PROJECT Federal Aviation Administration PART I-OFFER Date of Offer Sip ;b Ii ~ Project No 3-48-0067-08-94 Airport DENTON MUNICIPAL AIRPORT Contract No DOT FA 94 SW-8238 TO CITY OF DENTON, TEXAb (herein referred to as the "Spon,,or") FROM The United States of ganerlca (acting through the Federal Aviation Adm~mstratlon, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the I~AA a Project Apphcation (also called an Apphcatlon for Federal Assistance) dated September 22, ! 994, for a grant of Fed¢ral funds ~or a project for development of the DENTON MUNICIPAL AIRPORT (herein called the "Airport"), together with plans and specifications for such project, which Apphcat~on for Fecleral Assistance, as approved by the FAA ~s hereby incorporated herein and made a part hereof, and WHEREAS, the FAA has approved a project for development of the A~rport (here~n called the "ProJect") consisting of the following-described airport development EXTEND RUNWAY 17/35 (1,000' x 150', PARALLEL FAXIWAY AND MIRL'S, IMPROVE RUNWAY SAFETY AREA, REMOVE AND REPLACE LOCALIZER; LAND ACQUISITION FOR APPROACII PROTECTION - 1RACT 3 AS SHOWN ON EXHIBIT A, PROPERTY MAP, - REIMBUIL~JEMENT, AND OBS IRUCTION REMOVAL all as more particularly described in the property map and plans and spe¢lhcat~ons incorporated m the said Application for Federal Assistance NOW THEREleORE, pursuant to and f01~e~,~ ~url~ 0'f carry;ng out the provls,ons of the A;rport and A;rway Improvement Act of 1982, as amended, hereto called the "Act," and/or the Aviation Safety and No;se Abatement Act of 1979, and m ¢onslderat;on of (a) the Sponsor's adopt;on and ratlficat;on of the representations and assurances contamed m said ProJect Apphcat~on and ;ts acceptance of th, s Offer as here;nafter prov,ded, and (b) the benefits to accrue to the Umted States and the pubhc from the accomphshment of the ProJect and comphance w;th the assurances and condmons as hereto prov;ded, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFf'ERS AND AGREES to pay, as the Un;ted States share of the allowable costs meurred m accomphsh, ng the Project, NINETY (90) percentum of all allowable project costs Th~s Offer ;s made on and subject to the following terms and condmons Conditions 1 The maximum obligation of the United States payable under this offer shall be $1,475,000 2 The allowable costs of the project shall not include any costs determined by the FAA to be mehg~ble for consideration as to allowab~hty under the Act 3 Payment o! the United States share of the allowable project costs will be made pursuant to'and In accordance with the provisions of such regulations and procedurns as the Secretary shall prescribe Final determination of the United States share will be based upon the final andlt of the t~tal amount of allowable project costs and settlement w~ll 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 resarves the right to amend or withdraw this offer at any t~me prior to its acceptance by the sponsor 6 This offer shall expire and the United States shall not be obhgated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1{}~)4 7 lhe sponsor shall take all steps, including ht~gatlon If necessary, to recover Fedelal funds spent fraudulently, wastefully, or m wolatton of Federal antitrust statutes, or misused m any other manner m 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 othar Federal grant agreement It shall obtam 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 judgrnant, to the Secretary It shall furnish to the Secretary, upon request, all documents and ~ecords pertaining to the detarmlnatlon of the amount of the Federal share or to any settlement, htlgatmn, negotmtlon, or other efforts taken to recover such funds All settlements or other final postt~ons of the sponsor, m court or otherwise, revolving the recovery of such Federal share shall be approved m advance by the Secretary 8 The Umted States shall not be responsible el liable for damage to property or injury to persons wMch may ar~se from, or be mordent to, compliance w~th this grant agreement 9 Unless otherwise approved by the FAA, the sponsol will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be t[sed for any project for airport development or noise compatlfuhty for which funds are provided under this grant The sponsor w~l[ include m every contract a provision ~mplementmg this special condition 10 The property map referred to on Page I of this (:rant Agrei~ment ~s the Property Map, Exhibit "A", attached to the Apphcatton for Federal Assistance attached hereto FAA Feral 5100 ]7 (I0 86) D~velopmgnt or Nolsu Program Page 2 of 5 Pages 11 It is mutually understood and agreed that if, dtlr~g th~'llte 6~ tho p~oject, the FAA determines that the grant amount exceeds the expected needs of the sponsm by $5,000 or five (5%) percent, whichever is greater, the grant amount can be umlaterally reduced by letter from the FAA advising of the budget change Conversely, if there is an overrun m the ehglble project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fi~een (15%) percent hmltatlon or 25 percent of the total increase la allowable project costs attributable to the acqmsltlon of land or interests m land, whichever is greater, and wdl advise the sponsor by letter of the increase Upon issuance of either of the aforementioned letters the maximum obhgatlon of the Umted States Is adjusted to the amount specffied 12 If a letter of ciadit is to be used, the sponsor agree~ to request cash drawdowns on the authorized letter of credit only when actually needed for ~ts disbursements and to timely repmtmg of such disbursements as reqmred It ~s understood that failure to adhere to this provision may cause the letter of credit to be revoked 13 The Sponsor agrees to perform the following, lfth~s project cuntalns more than $250,000 of paving a Furmsh a constructlun management program to FAA prior to the start of construction whmh shall detail the measures and procedures to be used to comply with the quahty control provisions of the construction contract, including, but not hm~ted to, all quahty control provisions and tasts required by the Federal specfficatmns The program shall mclude as a minimum The name of the person representing the sponsor who has overall responsibility for contract adminlstraUon for the project and the authority to take necessary actions to comply w~th the contract 2 Names oftastmg laboratories and consulting engineer firms with quahty control rasponslbthuas on the project, together with a dascnptlon of the services to be provided 3 Procedures for determmmg that testing laboratories meet the reqmrements of the Amcrman Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specfficatlons (D 3666, C 1077) 4 Quahficatlons of engmemlng supervlSlun and construcnon mspecUon personnel 5 A hstmg of all tests required by the contract specmcaUons, Including the type and frequency of tests to be token, the method of sampling, the apphcable test standerd, and th~ acceptance criteria of tolerances permitted for each type of test 6 Procedures for ensunng that the tests are taken in accordance w~th the progrmn, that they are documented daffy and that the proper corrective actions, where necessary, are undertaken b Subrmt at completion of the project, a f'mal tast and quahty control report documenting the results of all tests performed, highhghtmg those tests that failed or did not meet the applicable test standard The report shall include the pay reductions applied and reasons for acceptmg any out-of-tolerance material An interim test and quahty control report shall be submitted, if requasted by the FAA c Failure to provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent any compelhng justfficatlon, result m a leduction m Federal participation for costs incurred m connection with construction of the apphcable pavement Such reduction shall be at the discretion of the FAA and wdl be based on the type or types of required tests not performed or not documented and will be commensurate with the propomon of apphcable pavement with respect to the total pavement constructad under rile grant agreement d The FAA, at its discretion, reserves the right t~ conduct independent tests and to reduce grant payments accordingly if such indepandant tests detemune that sponsor test results are inaccurate 14 The Sponsor hereby agrees that It will not adve~tt~e for bids, award a contract or commence construction of any development in th~s project untd ~t has submitted final plans and specifications satisfactory to the Adm~mstrator for such development, and such plans and spec~ficatmns have bean approved It ~s understood that the Umted States will not make nor be obhgated to make any payment for such development until the Sponsor has submitted such plans and specifications and they have been approved as hereto provided The Sponsor further agrees that ;t will submit sa~d final plans and specifications to the Adm~mstrator no later than 30 days from the date of this Grant Agreement 15 Approval of the project ~s cond~tmned on the sponsor's comphance w~th the apphcable att and water quahty standards in accomphsh~ng project construction and ~n operating the a~rport Failure to comply w~th this reqmrement may result m suspension, cancellation or termination of Federal assistance under th~s agreement The Sponsor's acceptance of th~s Offer and ratification and adoption of the Project Applteatton incorporated herein shall be ewdeneed by executton of th~s instrument by the Sponsor, as hereinafter prowded, and th~s Offer and Acceptance shall comprise a Grant Agreement, as prowded by the Act, constituting the contractual obhgatlons and rtghts of the Untted States and the Sponsor w~th respect to the accomphshment of the Project and comphance vath the assurances and conditions as prowded here~n Such Grant Agreement shall become effective upon the Sponsor's acceptance ofth~s Offer UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Otis T Welch, Manager Texas Airport Development Office FAA Form 5100 37 (10 89)Development or Noise Program Page 4 of 5 Pages PART H - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements~contamed m the Project Apphcatlon and incorporated materials referred to m the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions m th~s Offer and in the Project Apphcatlon Executed th,s & ,:~ day of '~e.~ ~ .,19 /~t/~ (Sponsors iJ~slgnated ~Cm i<.Oresentatlve) / (SEAL) Title Attest Title CERTIFICATE OF SPONSOR'S ATTORNEY I, D~Z) f(~L.,'-~ ~) [//~f~J/~, acting as Attorney for the Sponsor do hereby ce~,~ That ~n my opm~on the Sponsor ~s empowered to enter ~nto the foregoing Gr~t Agreement ~der the laws of ~e Sta~ of Texas F~her, I have exmmed ~e foregoing ~t Agreement ~d the actions t~en by smd Sponsor relating ~ereto, ~d find ~at ~e accept~ce thereof by smd Sponsor ~d Sponsor's offimal representative ~ been duly au~onzed ~d ~at ~e execution thereof ~s ~n all respects due ~d proper ~d ~n accord~ce w~th ~e laws of~e smd State ~d the Act In addition, for grits tnvolvmg projects to be c~ed out on prope~y,not omed by ~e Sponsor, ~ere ~e no legal ~mped~ments that wall prevent full peffom~ce by the Sponsor, Fu~er, xt ~s my op~mon ~t the satd ~t Agreemem constitutes a legal ~d b~nd~ng (~gnatu~ of Sponsor's Att~y) - -' - FAA Form 5100 ~7 (10 89) Development or Noise Program Page 5 of 5 Pages APPLICATION FOR ' ~9'f~ FEDERAL ASSISTANCE ~t~of Denton Denton Municipal Airport Airport Department 5000 Airport Road Joe Thompson, Airport Manager Denton, Texas 76207 (817) 383-7702 L ~M~ D TW Federal Aviation Administration Fort Worth, Texas 76193-0650 Acquire land, ~xtend runway [~-35 and parallel tax,way, exte3d lSghg~ng; relocate VASI~ relocate ~ ~local~zer, ~nstall ~$gn~ 5mprove drainage ~ ~rpore Improvemene Program ' approach clearSng~ mating tncSdental to ~ ~ ~ ~ ~ *~ ~ ~ conetructSon Denton, Decatur~ Ca~ns~vtll*, ~ ~oreh~ Dallas, ~cKtnney. Count~e~ Tarrant ~e Coll~n and Cooke ~ ~ Cong. Bill 8arp~ulis ~ ~m ~ong. ~i~k~ ~r~y 10/15/94 8/15/95 ~ong. ~azpn naAz Congressman Dick Armey . ~ I 1.475,000 ~ ~ ~ ~A~~3~~~~~w~av~ ~ ~ I 163,889 ~ ,~ I 1,638,889 T~ 817) 566-8307 · ./ , A~odzed for LKal Repr~uc~on DEPARTMENT OF TRAHSPORTATIO~ · FEDERAt- AVIATION ADMINISTRATIOH o,.~l: NO ID .o~s. PART I1 PROJECT APPROVAl INFORMATION SECTION A Item 1 Does '~hls assistance request require State, local, Nome of Governing Body regional, or othe~ prmnty rahng'~ Priority Rating __ Yes X . No Item 2 Does ~h~s assistance request require State, or local Nome of Agency or adwsory, educational or health clearances'; Board Yes X No (Attach Documentahon) Item 3 Does 'ibis oss~ stance request require clearinghouse revmw (Attach Comments) ~n accordance w~th OMB C~rculor A 95'~ Yes No Item 4 Does ~'h~s assistance request require State, local, Nome of Approving Agency. regional or other planning approval'~ .~Oote ~ __Yes X No Item 5 Is the proposed prolect covered by an approved Check one State ~' Local - comprehensive plan'~ Regional X Yes No Locahonof plan City of Denton Item 6 ~NHI the assistance requested serve a Federal Name of Federal Instaltohon . mstollahon'~ Yes X No Federal Populatmn benefiting from Prolect Item 7 Will the assistance requested be on Federai land Nome al Federal Installahon. or mstal~at,on''~ Locahon of Fedora~ Land __Yes X No Percent of Prolect Item 8 Wall the assistance requested hove on ~mpoct or effect See instruction for oddlhonal ,nformotson to be on the environment'; provided , Yes X No Item 9 Number of Wall tt~e assistance requested cause the d~splacement of Ind~wdual s Fomd~es md~wduaJs fomdles~ businesses, or farms9 Businesses Yes. X No Farms Item 10 Is there other related Federal assistance on fh~s See instructions for add~honol mformahon to be prolect prewous, pendmg, or anhc~pated~ provided Yes X No DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO 04 R0209 PART II SECTION C (SECTION B ONITTF2)) The Sponsor hereby represents and cert:fies as follows ! Compauble Land U~e -The Sponsor has taken the foUowm~ acUons to assure compatible usage of land adjacent to or m the wcmttv of the airport An Airport Zoning Commission has been established under provisions of the local Government Code Section 241.106 to regulate Airport Height Hazard and Land Use Compatibility Zoning in the vicinity of the Denton Municipal Airpot. Adjacent land zoned for industrial 2 Defaults _The Sponsor m not m default on any obhgatmn to the Un"ed $~tes or an) ag+nc) of the Umted States G°vern men! re]at~ve to the al+ye[opm+at, operation, or mumtenance of an) airport, except as stated here~ None es -There are no facts or c rcumstance~"Onc ud ~ the existence of effecme or propos,ed leases,, use $ Poss:ble.,D~hdt~t .......... ct.,.,mouseoftheAtr~ortortheextstenceofpendmghttgetlonorotherlega~proceeam~') ~eemen~s or ot~r ,eg~s ?[~ ...... [~"L~Tf .~e ...... ~.le fo~he S-onsor to cam out and complete the ProJect or ~ out the ' 'er b hmmn ~ts lc"al or fmanc a ab,h~ or otherwise except as folio s pro~s,ons of Pa~ ~ of th:s App.~tmn, ett~ y 8 ~ , nsor hold, the follo~tng prop+ri) tnt+rest m the following areas of land+ whzch are to be developed 4 Land -(a) The Spo .... ~. ..... ~-- followm~ excent ons, encumbra~ces~ and adverse mt+re,ts, or used as part of or m connec , --: ,...,,~,.t. an dest~ated as Exhtbtt "A" attacnec~ Ill of whzch areas are identified on the ~ , , ~..,~..~ m r ~ Parcels 1, 2, 3, and 4 - Fee Simple Title ~ numbers shown on tat proper~ FAA Form 51~-1~ t~ DEPARTMENT OF TRANSPORTATION - FEDERXt. AVIATION ADMINISTRATION OMB NO O,~ no2og P^RT I! $£CTIO~ C (Continued) The Span,or further certlfle~ that the abow is ha,ed on a title exammatmn bx a quahhed attorne~ or title conlpan'* and Ii,at such attornex or title eompan`' has determined thai the Span-or hold. the abo~ e propert`' mterest~ (bi The Soon,or ~dl scqmre ,slthm a rea,onable time but In anx exent pmor to the ~tart of anx eon,truchon work under the Pr~lect the'follmsmg pro~;ert`' mtere-t in the following area, of land~ on **hsch such con,truchon ~*ork i- to be performed all of ~h*ch areas are Jdetitifiedon the aforementmned propertx map deq~ated a, Exh*bst "-~ ' None (c) The .~pon.or ~*lll acquire **lthm a rea-o.able trow and If feaqble p~nor to the completson of all con.truchon ~ork under the Project the following propert~ intet¢-t In the follo~snl! area of [End ~hsch are to be de~eloped or u.ed a- part of or In connectmn ~*Rh the -'~lrport as It ~*dl I,* upa. ~ompletmn at the ProJect all of ~hsch area- are Idenbf~ed on the aforemenhoned propert~ map deqgnated a~ Exhibit -~ Parcel 3 5 Exclusive R~ghts -There i. no ~ant of an excluq~ e right for the cond~wt of anx aeronautseal achx~t`' at an,, asrport ay, ned or controlled b) the Sponsor except a~ tollo~ ~ None '*State character of orooert~ mtere~t In each area and list and identlf~ for each all exceptwns encumbrances and adt erse mtere,t, of eter) ktnd and~at~,re including/tens, easement~ leases, etc The teparate areas of land need onh be tdenttfted here b~ the area numbers shown on the propert) map FAA Form 5100--100 (a ?~I Pile 3b PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 20 106 reaerol Domest.c Assistance Catalog No . , Funchonal or Other BreaJ~out SECTION B - CALCULATION OF FEDERAL GRANT ! A~, rattan expense S S $ 1,500 2 Pre[ ,i a,y expense 1,000 3 Lanu..'tuctutes, right of way ___ 29,102 4 A[chdectbtdl eng,neenng bas;c lees 71,407 5 Other atchdectural engineering fees 37,579 6 Project inspection fees 50,000 7 Land development 8 Relocation Expenses 9 Reiocahon paymcnts to Inolwduals aflo Businesses ]0 Demol~bon and removal II Constluctmn and proJect mprovement 1,448,301 ]2 Eqmpment 13 M~scellaneous 14 Total fLmes I through 131 15 Estnnated Income hf apphcable) 16 Net ProJect Amount'(Line 14 minus ]5) 17 Less Inehg~hle Exclusmns 18 Add Contm~encses 19 Total ProJect Ami (Excludln8 Rehablhtatlon G(ants) 1,638,889 20 Federal Share requested of Line ]9 1,475,000 2). Add Rehabd~tatlon G~ants Requested (100 Pefcent) 22 Total Federal IFant?e~ested (Lines 20 & 2]) 1,475,000 23 G[antee share 163,889 24 Other shares 25 Total project (I ,r~ 22, 23 & 24) S $ 1,638,889 ~;:PARTMENT OF TRANSPORTATION FEDERAl. AVIATION ADMiNiSTRATION SECTION C - EXCLUSIONS None b SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27 Grantee Share S 163,889 a SecurRles b Mo~tgaees c Appropnabons(By Apphcanll 163,889 d Bonds e Tax Lewes f Non Cash g Othel (Explmn~ h TOTAL - Grantee share 163,889 28 Other Shares a State b Other c Total Other Shares ~3 TOTAL S [63,889 SECTION E - REMARKS For prosram narrative, see preapplJ, cac:Lon. PART IV PROGRAM NARRATIVE (Attack - See Instruchons) Co~, 'Te~l ~d ~ng pa~ of ~e WLILL~ WLI~ S~e~ A-1419 and also p~ o~ a ~rac~ da~ SipPer 27, 1991 fr~ L.R. and wife sue Hinge D~e =o Jo~ W. Po~e= and wife ~ga=e= Records of Denton Cowry Texas and ~ing moro described as followa~ BE~X~ING a~ ~e nor~wes~ corner of "~a~ ~I" sh~ by de~ ~o CAe C~Cy of DeaCon, ~exa,, rtco=d~ In Vo~ 871, Page 142 Records; ~CE no=~ 6' ~0' 41" wes~ a dis=anco or S04.4~ feeC Co a poinC for a ~CE sou~ 88' 3S' SX" eas~ a dAs~noe or 916.54 ree~ ~o ~e cancer line of Has~ BF~ Road; ~CE sou~ 1® 24' 09" wes= wi~ ~o cen~ of Has~ Bran~ Road ~oo.o ~eeC Co ~e no~easC co.er o~ "~a~ ~XX" o~ said City DeaCon ~CE no~ 88* 3s' S~~ vos~ v~ ~e no~ l~ne of said ~CZ $ou~ 1® 24' o9a vee~ v~ ~e ~a~ ~s~ly veaC line o~ "~acC IIIw 400.0 feeC =o ~ no~aC co~ of said w~acC ~CE no~ 88® 35' 51u m~ wi~ ~e no~ line of e~a~ II" 800,0 fesc ~o ~e Point of ~g ~ conu~V 9.679 a~es l~d. ~E00015 PART V ASSURANCES AIRPORT SPONSORS A GENERAL Tbcse assurances shall be comphed with in the performance of grant agreements for alrpo~t development, airport planmng and nmse compatibility program grants to mrport sponsors 2 These assurances are rcqmred to be submitted as part of the project apphcatlon by sponsors requesting funds under thc prov~smns of the Airport and Airway Improvement Act of 1982, as amended, or the Awatmn Safety and No,sc Abatement Act of 1979 As used hereto the term pubhc agcncy sponsor means a public agency with control of a public use mrport thc term private sponsor owner of a public- use airport and the term sponsor ~ncludcs public sponsors and private sponsors 3 Upon acceptance of the grant offer by the sponsor, these assurances are ~ncorporated m and become part of the grant agreement B DURATION AND APPLICABILITY A~rport Development or Noise Compatlbihty Program Projects Undertaken by a Pubhc Agency Sponsor The terms conditions and assurances of the grant agreement shall remain m ~11 force and effect throughout thc useful hfc of the facdmas developed or cqmpment acquired for an mrport development or nmse compatlbthty program project or throughout the useful life of the project ~tems installed within a facility under a noise compatibility program project but m any event not to exceed twenty (20) years from the date of acceptance ora grant offer of Federal funds for the proJect However there shall be no hm~t on the duration of the assurance against exclusive rights or the terms cond~tloas and assurances with respect to real property aeqmred w~th Federal funds Furthermore the duration of the Civil Rights assurance shall bc as specified ut the assurance 2 A~rport Development or Noise Compatibility Program Projects Undertaken by a Private Sponsor Tile preceding paragraph also agphes to a private sponsor except that tho useful life of project stems installed w~thm a facthty or the useful hfe of facdtt~as from the date of the acceptance of Federal aid for the project A~rportPlanmngUndertakenbyaSponsor Unlassotharw~sespec~fiedmthegrantagreement, onlyAsanrancesl,2 3 5,6,13,18, 30 32~ 33, and 34 In Sectmn C apply to planning projects The terms conditions and assurances of the grant agreement shall remain m full force and effect during thc hfc of the project C SPONSOR CERTIFICATION The sponsor bereby assures and certifies w~th respect to this grant that General Federal Requirements It wdl comply with all apphcable Federal laws regulations, execaslv¢ orders, pohcles gu~dehnes and reqmremants as they relate to the appheatton, acceptance and use of Federal funds for th~s project including but not kmsted to the following Federal Legislation a Fqderal Awat~on Act of1958 49U$C 1301,etsen b ~D~wsBacoaAct 40USC 276(a),etsea~ c Federal Falr Labor Standards Act of 1938 29 U S C 201, et d HatchAct SUSC 1501,et,%g.qz UofformReloeaflonAss~stanceandReaIPropertyAeqmsitmnPohc~esAct of 1970 42USC 4601 etsea f N~tlonalHIstorlePmservat~onAetof1966 Se¢tlonl06 16USC 470(0~ g Amheologleal and H~stone Preservatmn Act of 1974 16 U S C 469 through 469C ~ b FIoodDtsasterProteotmnAetof1973 Sectmnl02(a) 42USC 4012a~ t~,q~bflltasmn Act of 1973 - 29 U S C 794 C~¥il Rights Act of 1964 T~tle Vi 42 U g C 2000d through d 4 k AwatmngafetyandNo~seAbatementAatof1979,49USC 2101 et~ Age Dlscnmlnatmn Act of 1975 - 42 U S C 6101, et m ArehitecturaIBarrlersActof1968-42USC 4151,eta.q31t n A~rport and A~rway hnprovemant Act of !982, as amended- 49 U S C 2201, et ar& o Powerplant and lndustrlal Fuel Use Act of1978- Sectmn 403 2USC 8373~ p C0ntractWorkHoursandSafetyStandardsAct-40USC 327 et sr,.g~ q C0palandAntlklekbankAct 18USC 8741 N0tionalEnvironmentalPohcyAetof1969 42USC 4321,etseo~ Endangered Species Act - 16 U S C 668(a), et see ~ ~hbgleAud~t Act of 1984-31 USC 7501, et seaa u D~ug-Frae Workplace Act of 1988 - 41 U g C 702 through 706 Executive Orders Executive Order 12372 Intetgovemmeotal Rewew of Federal Programs Executive Order 11246- Equal Employment Opportungy~ Executive Order 12699 · Seismic Safety of Federal and Federally Assisted New Budding Constructm/~ A~rport Assurances (7 94) Page 1 of 10 ASW PP-A-I Federal Regulations a 49 CFR part 18 Umform Administrative Rcqulrcmcnts for Grants and Cooperative Agreements to State and Local Govcrnmcn~ b 49CFR.Part21 Nond~scr~rnmat~onmFcderally-Ass~stedProgramsoftheDepartrnentofTransportat~on EffectuationofT~tleVl of the C~wl R~ghts Act of 1964 c 49 CFR Part 23 Partanpat~on by M~nonty Bas}ness Enterprise rn Department of Transportation programs d 49 CFR Part 24 Unlfurm Relocation Asslstaanc and Real Property Acqulsrtlon Regulation for Federal and Federally assisted 49 CFR. Part 27 - Non Dtscr~rnmat}on on thc Bas~s of Hand~cap In Programs and Actlwt~es Rcce~wng or Benefiting frorn Federal f 49 CFR Part 29 Debarments Suspensions and Voluntary Excluslons g 49 CFR Part 30 - Darnel of Pubbc Works Contracts to Supphcrs of Goods and Serwces of Countries That Deny Procurement Market Access to U S Contractors h 29 CFR Part I - Procedures for Predetermination of Wage Ratas~ 29 CFR. Part 3 - Contractors or Subcontrac~ars on Pubhc Bu~ldrngs or Pubhc Works Financed rn Whole or Part by Loans or Grants from U S~ 29 CFR Part 5 Lab~rStandardsPr~ws~nsApphcab~t~C~ntractsC~verrngFed~ra~lyFmancedandAss~st~dC~nstruct~d k 41 CFR Part 60 Office of Federal Contract Compbance Programs Equal Employment Opportunity Department of Labor (Federal and Federally-asses}ad Contracting Requirements) ~ 14 CFR Part 150 Airport Noise Compatlblhty Planning m 49 CFR. Part 41 Sclsmrc safety of Federal and FedcraIly assisted or regulated new brnldmg constructlor/ n 49 CFR. Part 20 - New rcstnct~ons on lobbying Office of Management and Budget C~rculars (OMB) a A87 Cost Pnnclplcs Appbcable to Grants and Contracts with State and Local Govcrnment-e~ b A 128 Audits of State and Local Governments: ~ These laws do not apply to airport planmng sponsors : These laws do not apply to private sponsors ~ 49 CFR Part 18 and OMB Ctrcular A 87 contain requirements for State and local governments rece~vMg Federal assistance Any reqmrement lowed upon State and local governments by this regulation and circular shall also be applicable to prlvata sponsors receiving Federal ass}stance under thc Airport and A~rway Improvement Act of 1982, as arnendcd Sp~c~fic assurances required to bc included m grant agreements by any of thc above laws reguMttons or circulars arc incorporated by 2 Responslbllrty and Authorrty of she Sponsor a Pnbhc Agency Sponsor It has legal authority to apply for the grant and to finance and carry out thc proposed proJeCt that a resolution motion or s~m~lar action has been duly adopted or passed as an official act of thc applicant's governing body authoranng the hhng of the apphcat~on including all understandings and assurances contained thereto, and directing and authorizing the person Ment~fied as the officml representative of the apphcant to act In connection w~th the appbcatlon and to prowde such additional reformation as may be reqmred b Private Sponsor It has legal anthor[ty to apply for the grant and to finance and carry out the proposed project and comply wrth all connection w~th the appbcat~on and to prowde such addmonal reformation as may be required 3 Sponsor Fund Availabthty Itl}assu~c~entfundsavadablef~rthatp~rt~n~fthepr~Jectc~stswh~char~n~tt~b~patdbytheUmted States It has sufficient funds evadable to assure operation and rnarntanance of ~tems funded under the grant agreement which ~t will 4 Good ~l file a it holds good mia sat}sfac}pry to the Secretary to the landing area of the torpor} or sits thereof or will give assurance satisfactory to the Secretary that good title wdl be acquired b For up,se cornpatthdrty program projects to be carried out on the properPy of the sponsor it holds good t~tle satisfactory to the Secretary to that pomon of the property upon which Federal funds wdl be expended or wdl g~ve aasuranc~ to the Secretary that good title wdl be obtained Preserwng Rights and Powers a At wall not take or permit any action wMch would operate to deprive R of any of the r~ghts and powers necessary to perform any or Airport Assurances (7 94) Page 2 of 10 ASW PP-A-1 b It will not sell lease encumber or othasw~se transfer or d~spose of any part of ~ts t~tle or other interests m the property shown on Exhibit A to this apphcatmn or, for a nmse compattbfl~ty program project, that port,on of the property upon which Federal funds have been expended, for the duration ofth~ tortes, conditions, and assurances m the grant agreement w~thout approval by the Secretary If the transferee ~s found by the Secretary to bo ehg~ble under the A~rport and A~rway Improvement Act of 1982 to a~sume the ohhgat~ons of the grant agreement and to have tho power anthonty and financml resources to carry out all such o~ligaflons, the sponsor shall insert m the contract or document transfemng or disposing of the sponsor's interest and make binding upon tho transferee all of the terms, contht[ons, and assurances conlamed m this grant agreement c For all noise compatibility program projects which are to be earned out by another umt of local government or are on property o~vned by a unit o! local government other than the sponsor, ~t will enter rote an agreement with that government Except as o~hefwlse spealfiOd by tho Secretary that agreement shall obligate that government to the same terms conditions and assurances tl~at would be apphcablo to ~t ~f~t apphed thrantly to the FAA for a grant to undertake the no,se compat~bd~ty program project That agreement and changes thereto must be Satisfactory to the Secretary It wdl take steps to enforce th~s agreement agmnst the IScal government if there is substantial noncomphance with the terms of the agreement d F~r noise compatthdlty program projects to bo earned out on privately owned propet~y ~t will enter rote an agreement w~th the owanr of that propasty whlch mcludas provisions specflled by the Secretary It wdl take steps to enforce th~s agreement against the property owner whenever there is substantial noncomphance w~th tile terms of the agreement ¢ It the sponsor ~s a private sponsor ~t wdl take steps satisfactory to tile Secretary to ensure that the airport will continue to function a~ a pubhc-use atrport m accordance with those assurances for the duration ofthase assurances lq an arrangol'nent ~s made for management and operation of the a~rport by any agency or person other than the sponsor or an employee of the sponsor the sponsor wdl reserve suffic)ent rights and authority to ensure that the atrport will be operated and maintained tn acaordance wflh the Atrport and Airway Improvement Act of 1982, the regulations and the terms condu~ons and assurances lB the grant agreement and shall ensure that such arrangement also reqmres comphance therewith 6 Cons~tencywithLoeaIPlaan ~lheproject~sreas~nably~m~s~stantwuhplans(existo~gatthet~ne~fsubmIss~n~fth~sapphcat~on) ol pub I¢ agean~os that are authorized by the state in which tile project ~s Iocaled to plan for the development of the area san'canaling the a~rpor~ For no~so aompat~blhty program projacts other than land acqms t on lo be cart ed out on property not owned by the a rport and over Which property another pubhc agency has land use control or authorUy the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project ~s reasonably conststent with the agency's plans regarding tho property 7 Cons~geration of Local Interest It has g~vcn fair cons~dcratJon to fl~c interest of conmmmt~es m or near which the project may be Iocate~ 8 ConsultaflouwlthUsers ~nma~ngad~c~s~nt~underta~anya~rp~rtd~v~pm~ntpr~j~ctundertheA~rp~rtandA~rway Improvement Act of 1982 it has undertaken reasonable con~uhahons w~th affected part~cs using thc a~rport at which the project Is proposed 9 Publlq Hearings In projects revolving the location of an mrport an atrport runway or a major runway extension ~t has afforded the opportUmty for pubhc hearings for thc purpose of considering file economic social and cnwronmcnta[ effects &tho airport or runway Iocatlun and ~ts conststcncy wuh tile goals and objoctlvas of such planmng as has been earned out by the commumty and u shall when requested by the Secretary, submu a copy of the transcript &such heanngs to the Secretary Further for such proJects it has on ~ts 10 A~r and Water Quality Standards In projects mvolwng airport location a major runway extension or runway location u will prowde tar the Governor of thc state in which the project is located to certl~ in writing to the Secretary that the project wdl be located designed, constructed, and operated so as to comply with apphcable mr and water quahty standards In any case where such standards have ~,,ot been approved and where apphcable air and water quahty standards have been promulgated by the Adm mstretor of the Enwrdnmental Protectmn Agency certification shall be obtained from such Administrator Notice of certdleat~on or refusal to eertlF/ shall ~e provided w~thm slxW days after the projeat apphcatlon has been received by the Secretary sepasa~lng two counties w~thm a single state, ~t has reserved approval for the project from the governing body of all wllages incorporated under the laws of that state which are located entirely w~thln t~ve redes of the nearest boundary of the mrport 12 Terminal Development Prerequis~te,~ For projects which include terminal development at a pubhc mrport ~t has on the date of subm~ftal of tho project grant apphcatlon all tho safety eqmpment reqmred for certification of such mrport under SecttonS12 of the Federal Awatmn Act of 1958 and all tho sanunty eqmpment reqmred by rule or regulation, and has prowdod for ancess to the passenger enplaqlng and deplamng area of such a~rport to passengers enplaning or deplaning from alrcraR other than mr carrier mrcraft A~rport Assur~naas (7-94) Page 3 of l0 ASW PP A I 13 Accounting System, Audrt, and Recordkeepmg Reqmreatent~ a It shall keep all project accounts and records which fully d~sclose the amount and disposition by the rec~patnt offua proceeds of the grant, the total cost offue project in conneeuon with which the grant is given or used, and the amount and nature of that port,on of the cost of the project suppbed by other sources, and such other financial records pertinent to the proJect The accounts and records shall be kept at accordaane w~th an accoantatg systeat that will fucfutatg an effective audit In accordance w~th the Satgle Aufut Act of 1984 b It shall atake evadable to the Secretary and the Comptroller General offua Uaned States or any offuetr duly authorized representatives for the purpose ofaudtt and exammatton any books, documents, papers, and records offue recipient that are penatent to the grant ThcSecretarymayrequ~rethatanappropflateauditbeeonductedbyarec~p~ant Inanyc~scmwfuchan independent audit ts made offue accounts cfa sponsor relatatg to the disposmon of the proceeds of a grant or relatatg to the project at connection w~th wfuch the grant was g~ven or used, ~t shall file a eerbfied copy of such audit w~th the Coatptroller General offue Umted States not later than 6 months followatg the close offue fiscal year for which the audit was made 14 Mm~atuat Wage Rates. It shall Include at all contracts in excess of $2 000 for work on any projects funded under the grant agreement wbtcb atvolve labor prov~smns estabbsfung m~nmatm rates of wages, to be predeteranned by the Secretary of Labor, at accordance w~fu the Daws Bacon Act as amended (40 U S C 276a 276a 5) wfuch contractors shall pay to skdled and unskilled labor and such rust,mum rates shall be stated m the mwtanon for btds and shall be atcluded at proposals or bads for the work I~ VcteransPreference Itsballmclude m all contracts for work on any projeets funded under fue grant agreement wh~ch mvolve labor posmons) preference shall be g~ven to veterans offue Vtetnam era and d~sablad veterans as defined at Section 515(c)(1) and (2) of the A*rportandA~rwaylmprovementActof1982 However th~sprefercnceshallappIyonlywherefueatdlvidanlsareavadableand 16 Confurat~ty to Plans and Specaficanons It v, dl execute tb~ project subJect to plans spec~ficauons and schedules approved by the Secretary Such plans spec~ficanons and schedules shall h~ submitted to the Secretary prior to eoatmanceatent ofs~te preparation constructton or other perforatance under fuss grant agreeing, ut and upon approval by the Secretary, shall be atcorporated atto th~s grant agreeatent Any modtficaUons to the approved plans specfllcat~ons and schedules shall also be subject to approval by the Secretary throughout the project to assure that Ihe work conforms w~th the plans, spccll~canons and schedules approved by the Secretary for the 18 PlanmngProjects fucar.3, mgoutplanmngprojects b It will furmsb the Secxetary wath such permdac repons as reqmred pertamatg to the planmng project and planmng work set,vines under a grant prowded by the Uatted States d It will make such matenaI evadable for examination by the pubhc and agrees that no material prepared with funds under furs project shall be subject to cop) right m the Umtedgtates or any other country f It will grant the Secretary the right to d~sapprove file sponsor's employment et spectfic consultants and their subcontractors to do all or any part of tfus project as well as the right to dtsapprove the proposed scope and cost of profess~onaI services g It will grant the Secretary the right to d~sapprove the use of the sponsor's employees to do all or any part of the project h It understands and agrees that the Secretary s approval oftfus project grant or the Secretary's approval of any planmng material developed as part ofth~s grant does not consutute or m~ply any ~ssurance ar comat~tment on fua pan of tho Secretary to approve Airport Assurances (7 94) Page 4 of 10 ASW-PP A I 19 Opergfion and Muintenance a It w H su tably operate and mamtam the airport and nil faclht~es thereon or connected therewith, w~th due regard to c ~matm and flood conthtmns Any proposal to temporarily close the airport for nonaeronautlcaI purposes must first be approved by the ~ear~tary The atrport and all facddies which are necessary to seato the aeronautical users of the a~rport, other than factht~es owned or controlled by the Ulllted States, shall be operated at all t~mes m a safe and serviceable conthtlon and in accordance w~th the minimum standards as may be reqtured or prescribed by apphcable Federal, state, and local agencies for maintenance and opereuon It wdl not cause or permrt any actiwty or action thereon which would interfere w~th ~ts use for a~rport purposes (l) Operating the artport's aeronautical faeillttes whenever reqmred, (2) Promptly marking and ltghtmg hazards resulting from atrport condrtlons including temporary condmons and (3) Promptly not~fymg a~rmen et any cond~tmn affecting aeronautical use of the a~rport Nothing contained harem shall be construed to rcqmre that the a~rpon be operated for aeronautical usa during temporary per~ods when snow, flood, or other chmattc conditions interfere w~th such operatton and maintenance Further nothing harem shall be construed as reqmrmg the maintenance repair restoration or replacement of any structure or facdxty which ~s substantially d~maged or destroyed due to an act of God or other condition or c~rcumstancc beyond the control of the sponsor b It wdl suitably operate and maintain noise compattbdlty program ttems that it owns or controls upon which Federal funds have b~an expended 20 llazardRemovalandMitigatmn ltwdltakeappropr~ataactmntoaasurcthatsuchtcrmmala~rspaceas~srequ~mdtoprotcct instrument and visual operations to the airport (including estabhahed mtmmum fl~ght altitudes) will be adequately cleared and protected by rer0ovmg, Iowermg relocating, marking, or lighting or otherwise m~t~gatmg ex,sting a~rport hazards and by preventing the establishment or creation of future a~rport hazards 21 Compatible Land Use It will take appropriate action mcludmg thc adoption of zomng laws to thc cxteut reasonable to restrict thc use of lend adjacent to or m thc ~mmcdmtc YtCinlly of the atrport to actlwt~cs and purposes compatible with normal airport operations including landing and takeolTof mrcraft In adddlon, ~f the proJect ~s fur no~sc compat~bthty program ~mplcmentat~on, ~t w~ll not cause or p~rmlt any change in land use w~thm its jar~sdlct~on, that w~ll reduce the compat~bd~ty w~th respect to tile mrport offu¢ no,se compatthfuty program measures upon which Federal funds have been expended 22 Ecouqmic Nondlscriminatmn a It will make its airport available as an mrport fur pubhousc o11 lair and reasonable terms and without unjust dlserlmlnatloo to all (I) furnish sa~d scnttces on a fair equal, and not unjustly discriminatory basis to all users t~creof and (2) charge fmr, reasonable, and not mUusfly d~scr~mmatory prices for each umt or serwcc prowdcd that thc contractor may bc allowed to make reasonable and nonthsarlmlnatmy discounts rebates or other s~mdar types of prxce reductions to volume c ~ach fixed based operator at any airport owned by the sponsor shall be subject to the same rates fees rentals and other charges as are umformly apphcable to all other fixed.based operators making thc same or s~m~lar uses of such airport and utfuzmg thc same or d [~ach mr carnet using such a~rport shall have the r~ght to sent]ce ~tselfor to usc any fixedbased operator that ~s authorized or permitted by the a~rport to serve any a~r carrier at such a~rport such nondiscriminatory and substantially comparable rules, regulations, condmons rates, fees, rentals and other charges wnh respect to faodttles d~recfly and substantially related to provtdmg a~r transportation as am applmable to all such mr carriers which make s~mdar use of such mrport and which utfuzc s~milar faclhtlcs, subject to reasonable classdicat~ons such as tenants or unreasonably w~thheld by any mrport provided an mr carrier assumes obhgat~ons substant~afiy s~m~lar to those already ~mposed on A~rport Assurances (7 94) Page 5 of I0 ASW-PP A I f It will not exercise or grant any right or prlvdcg¢ whtch operates to prevent any person firm or corporation oporatmg a~rcrait on the a~rport from performing auy services on ~ts own atrcta~ w~th its own employees (mcluthng but not hm~ted to maintenance repo=r and fuchng) that ~t may choose to perform g In the event the sponsor Itself exercises any of the rights and prtwlegas referred to m this assurance the services involved wdl be provided on the same conthtlons as would apply to the furntshtng of such services by contractors or concessionaires of the sponsor under these prow~ons It The sponsor may astabhsh such fair equal and not unjustly discriminatory conditions to be met by all users of the mrport as may be necessary for the safe and efficient oporat~on of the atrport The sponsor may prohibit or hm~t any g=ven ~ypo, kind or class of aeronautical use of the affport if such action ~s necessary for the safe operat:on of the a~rport or necessary to serve the c~wl awatmn needs of the pubhc 23 Exclus~veRights ~twd~p¢rm~tn~x¢~us~ver~ghtf~rtheuse~fthea~rp~rtbyanyp~rs~nspr~wdmg~rmt¢nthngt~pr~wde aeronautical services to the pubhc For purposes ofth~s paragraph rite providing ofserwces at an atrport by a single fixed based operator shall not be construed as an exclusive r~ght ffboth of thc following apply a It would be unreasonably costly burdensome or ~mpract~cal for more than one fixed based operator to prowde such services and b If allowing more titan one fixed based operator to prowde such services would require the reduction of space leased pursuant to an cx~stmg agreement between such single fixed based operator and such airport It further agrees that it wdl uot either d~rectly or indirectly, grant or penmt any person finn or corporation the exclusive right at the airport or at any other a~rport nox~ owned or controlled by ~t ~o conduct any aeronauttcal actlvltles~ Including, but not hm~tcd to charter fl~ghts p~lot training a~reral~ rental and s~ghtsecmg aerial photography crop dusting aerml advertising and surveying air carrier operations aircraft sales and services sale of aviation petroleum products whether or not conducted tn conjunction with other aeronautical activity repair and maintenance ofalrcra~ sale of alrcralt parts and any other activities which because of their direct relat~onshrp to the operation ot alrcralt can be regarded as an aeronautical activity and that tt wdl terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway improvement Act of 1982 24 Fee and Rental Structure lt~d~mamtamafeeandrentaIstructum~ns~stentw~thAsst~rances2:~and23f~rthefacd~t~esand services being prowded the airport users which wdl make thc mrport as selfsustammg as possthle under the circumstances ex,sting at that parttcular a~rport taking into account such factors as the volume of traffic and economy of eollecfion No part of the Federal share of an a~rport development airport planmng or no,se compalththty project for which a grant is made under the Airport and Air, ray improvement Act of 1982 the Federal A~rport Act or the A~rport and A~rway Development Act of 1970 shall be included tn the rate base m estabhshmg fees rates and charges for users of that turporl 2q A~rportRevenue Ifthea~rport~sunderthecontrolofapobtlcagency all revenuas generated by the mrport and any local taxas on awat~on fuel estabhshed afl, er December 30 1987 wdl be expended by it for the cap~tal or oporatmg costs of the airport, the local airport system or other local factht~es wh~cb are owned or operated by the owner or operator of the mrport and threctly and substantially related to the actual mr transportation ofpassengers or properly or for no,se mitigation purposes on or offthe airport Provided however that ~f covenants or assurances m debt obligations Issued before September 3, 1982 by the owner or operator of the mrport or prows~ons enacted before September 3 1982 m govermng statutes controlhng the owner or operator s financing, provide for the use of the revenues from any &the atrport owner or operator's factht~es including the atrport to support not only the mrport but also the airport owner or operators general debt obhgat~ons or other lacddlas, then th~s hmdat~on on the use of all revenues generated by the airport (and m the case ora pubhc a~rport local taxes on awat~on fuel) shall not apply 26 Reports and lnspect~ons Itwd~subm~tt~theSe~reta~ysuchannual~rspec~a~nan¢Ialand~perat~nsreportsastheSecretarymay reasonably request Areportofthea~rportbudgetwdlbeavadabletothepubhcatreasonablet~mesandplaces Forairport development projects d wdl also make the a~rport and all a~rport records and documents affecting the mrport, mcluthng deeds leases operation and use agreements regulations and other instruments available for mspectmn by any duly authorized agent of the Secretary upon reasonable request For no,se compatlbddy program projects ~t wdl also make records and documents r~lating to the project and continued comphance with the terms conditions, and assurances of the grant agreement mcluthng deeds, leases, agreements regulations and other instruments available for inspection by any duly authorized agent of the Secretary upon reasonable request 27 UseofGovernmentA~rcraft ltwdImakeavadableal~thefactht~es~fthea~rp~rtdeve~pedw~thFederal~nanc~alass~stancean~ all those usable for landing and takeoffof a~reraft to the Umtefl States for use by Government aarcrafi m common wtth other a~rcraR at all tlme~ without charge except, ffthe use by Government a~rcraff ~s substantial, charge may be made for a re~sonable share propo~l~onal to such use for the cost of operating and maintaining the facilities used Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency substantial use of an airport by government mrcrat~ wdl he considered to exist when operations &such a~verat~ are m excess of those which m the opinion of the Secretary would unduly mterfer~ w~th use of the landing areas by other authorized a~rcratt, or during any calendar month that a F~ve (5) or more government alrcral! are regularly based at the airport or on land adjacent thereto, or Airport Assurances (7 94) Page 6 of 10 ASW PP A I b The total number of movements (counting each land~ng as a movement) of government mrcratt is 300 or more or the gross aecomulatwe weight of government mrornft using the mrport (the total movements of government mreraft mulflphed by gross Weights of such aircraft) is ~n excess of flveJmilhon potlnds 28 Land for Federal Faellltles ~twd~t~rn~shw~th~utcostt~theFeder~G~v~rnm~ntf~rusemannnectmnw~th~nya~rtra~ccon~r~r air navigation activities, or weather-reporting and commutator]on ag.vlttes related to air traffic control any areas of land or water or inamtqnance at Federal expanse of space or fatalities for such purposes Such arcas or any porfion thereof wdl be made evadable as provided heroin within four months after receipt cfa written request from the Secretary 29 Airport Layout Plan a ltlw~ll keep up to date at all times an airport layout plan of the mrport show~ng (I) boundaries of the mrport and all proposed add~fions thereto, together with the boundaries of all offs~te areas owned or controlled by thc sponsor for airpor: purposes and proposed additions thereto (2) the Iocauon and nature ct all exlstmg and proposed a~rport facdrtles and structures (such as runways taxiways, aprons, tenmnal braidings, hangars and roads) including all proposed extensions and reductions ofex~stmg airport facll~tias, and (3) the location of all existing and proposed nonavlatlon areas and of all ex~stmg ~mprovements tharcon Such mrport layout plan and each amendment mvlsmn, or mod~flcatmn thereof shall be subject to the approval of thc Secretary which approval shall be evidenced by the s~gnature cfa duly authorized representatwe of the Secretary on the face of the a~rport layout cqnformity with the a~rport layout plan as approved by the Secretary and whmh might m the opinion of the Secretary adversely affect rite safety utd~ty, or effictency of the mrport b ff a change or alteratmn m the mrport or its facd~t~as ~s made wh~cb the Secretary detarmmes adversely affects the safety utmty or efficiency of any Federally owned leased or funded property on or offthe mrport and whmh ts not m conformity with the airport layout plan as approved by the Searetary, the owner or operator wdl ff requested by the Secretary (1) ehmmate such adverse effect m a manner approved by the %oratory, or (2) bear all costs of relocating such property (or replacement thereo0 to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereo0 to the level of safety utthty efficiency and cost of operation existing before the unapproved change in the mrport or ~ta fac[ht~es 30 CwdRights ~twdlanmplywithsuchrulesasarepr~mulgat~dt~assar~thata~pers~nslial~nthegr~unds~frace~creed color, nattongl ongm sex age or hand,cap be excluded from partlmpatmg m auy act~vtty conducted w~th or bcncflhng from funds received from tll~s grant flus assurance obhgates the sponsor for the period dunng which Federal financml assistance ~s extended to the program, except where Federal financtal assistance ~s to prm tde or ~s m the term of personal property or real property or Interest thereto or structures or Improvements thereon, m which case the assurance, obligates the sponsor or any transferee for the longer of the following per,ods (a) the p~.riod during which the property is used for a purpose for wluch Fedora financa ass stance is extended, or for another purpose mvolwng the provision ofslmdar services or benefits or (b) the period during w ~c ~ tle sponsor retains ownership or possession of the prop~.rty 31 Disposal of Land a Fc~r land purchased under a grant for mrport no,se compatlbthty purposes ~t wdl when the land ~s no longer needed for such pgrposes dtspose of such land at fair market value at the earhest practicable t~me Thru pomes of the proceeds of such d~spos~tmn v~bich ~s proportionate to the Umted States share of the cost acqmsumn ofsucb land wdl at the thscretmn of the Secretary, (I) be pald to the %oratory for deposit m the Trust Fund or (2) be reinvested m an approved no,se compat~bd~ty project as prescribed by b (l} For land purchased under a grant for mrport development (other than noise compatlbthty) purposes tt will when the land is no longer needed for airport purposes, dispose of sucb land at fmr market value or make evadable to the Secretary an amount equal to the Umted States pmportmnate share of the fair market value of the land That portton of the proceeds of such d~sposltlon which ~s proportionate to the Umted States share of the cost of acqms~t~on of such land wdl (a) upon application to the Secretary, be reinvested in another ehgible airport improvement project or projects approved by the Secretary at that atrport or within the natmnal airport system, or (b) be paid to the Secretary for deposit m the Trust Fund frigo such ehgtbIe project ex~sts (2) Land shall be considered to be needed for airport purposes under th~s assurance fi(a) it may be needed for aeronautical purposes (Including runway protection zone) or serves as no,se buffer land and (b) the revenue from interim uses of such land contributes to the financml self anffieiancy of the a~rport Further, land purchased w~th a grant recewed by an mrport operator or owner before December 31, 1987 will be considered to be needed for mrport purposes ffthe Secretary or the Federal ~ agancy makmg such grant before December l 1987 wasnotlfiedbytheoperatororowneroftheuseofsuchland, thdnot object to such usa, and the land continues to be used for that purpose such use hawse commenced not later than December 15, 1989 c D~sposltlon of such land under (a) or (b) will be subject to the retantmn or reservatmn of any interest or right thermn necessary to ensure that such land wdl only be used for purposes which are compatthle w~th nmse levels associated w~th the operettas of the mrport A~rport Assurances (7 94) Page 7 of 10 ASW-PP-A t 32 Engmeer~ngandDasignServleas Itwdlawardeachcontract, orsubcontraetforprogrammanagement, eonstructlonmanagement planmng studies, feastbdrty stuthes archRectural services, prehmtnary engineering, design, engineering, surveying mapping, or related T~tle IX of the Federal Property and Administrative Services Act of 1949 or an eqmva~ent quahficatlons based reqmrement prescribed for or by the sponsor of the a~rport 33 Foreign Market Restrtctlon ~twd~n~ta~owfundspr~vid~dundarthisgrantt~beusedt~fundanypr~Je¢twhichusesanypr~duct~r service ora fore,ga country during the period m which each foreign country IS listed by the Umted States Trade Rep~sentatlve as 34 Pollcies, Standards, andSpeclficatmns ltwdlearryouttheprojeetma¢¢ordaneewlthpoh¢~es, standards andspecificatlons approved by the Secretary including but not hm~ted to the adwsory circulars listed m the "Current FAA Adwsory C~reulars for AlP Projects ' dated August 1, 1994, and ~ncluded m th~s grant, and ~n accordance w~th applicable state pohc~es, standards, and spe¢~fieations approved by the Secletary 35 Relocatmn and Real Property Acqmsrtion (l)ltwdlbegu~dedmacqumngrealproperty to the greatest extent pract~eable undcr State law by the land acqms~t~on pohe~es m Subpart B of 49 CFR part 24 and wdl pay or reimburse property owners for necessary expenses as specified m Subpart B (2) It wdl prowde a relocation assistance program offering thc services described in Subpart C and fair and reasonable relocation payments and ass~stence to d~splaced persons as required m Subpar~s D and E of 49 CFR part 24 (3)It wdl make evadable w~thm a reasonable period oft~me prior to d~splacement ~omparab]¢ replacement dwelhngs to thsplaced persons In accordance w~th Subpart E of 49 CFR Part 24 A~rport Assurances (7 94) Page 8 of 10 ASW-PP A 1 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS Updated On August 1, 1994 NUMBER SUBJECT 70/7460 ! H CHG 1 & 2 Obstructmn Marking and L~ghtmg 150/5 I00 14C Architectural Engineering, and Planning Consultant Services for A~rport Grant ProJects 150/5210 5B Painting, Marking and L~ghtmg of Vehicles Used on an A~rport 150/5210 7B A~rcrafl F~m and Rescue Commumcat~oas 150/5210 I4 Atrport F~re and Rescue Personnel Protective Clothing 150/5210 15 Atrpo~t Rescue and F~refighong Statmn Budding Design 150/5210 18 Systems for Interactive Training of A~rport Personnel 150/5220-4B Water Supply Systems for A~rcraR Fire and Rescue Protectmn 150/5220 10A Grade Spec~fieatmn for Water/Foam Type A~rcraR Rescue and F~reflghmg Vehicles 150/3220 13B Runway Surface Condition Censor Spec[ficatmn Guide 150/5220 14A Airport Fire and Rescue Vehicle Specification Guide 150/5220 16A Automated Weather Obserwng Systems for NonFederal Apphcatmns 150/5220 17A Das~gn Staudards for Atrcralt Rescue F~refightmg Training Facd=tms 150/5220 18 Buildings for Storage and Maintenance of A~rport Snow and Ice Control Equipment and Matermls 150/5220 ~9 (}mdc Specification for Small Dual Agent AlrcraR Rescue and Flrefightmg Vehicles 150/5220 20 CHG I Airport Snow and Ice Control Equipment 150/3220 21 CH(} I Guide Specifications for Lifts Used to Board Alrhne Passengers w~/h Mobthly Impairments [50/5300 13 CHG I 2 & 3 A~rport Design 150/5300 14 Design ofAtrcraR Dc~cmg Facdmes 150/5300 15 Usu of Value Engmeemg for Engineering Design of Airport Grant ProJects 150/5320 5B A~rport Drainage ] 50/3320 6C CH(} I & 2 Airport Pavement Design and Lvaluatlon 150/5320 12B Measurement Constructmn and Maintenance &Skid Resistant A~rport Pavement Surfaces 150/5320 14 A~rport Landscaping for No,se Control Purposes 150/5325-4A CHG I Runway Length Requirements for Airport Design 150/n340 l G Standards for Airport Marking 150/5340-4C CH(} I & 2 lnstallatmn Details for Rtmwa} Ccnterhne Touchdown Zone L~ghtmg Systems 150/5340-5B CH(} I Segmented Circle Atrport Marker Syst~.m 150/5340-14B CHG I & 2 Economy Approach Lighting Aids 150/5340 17B Standby Power for NonFAA Airport Lighting Syslelns 150/5340 18C CH(} I Standards for Airport S~gn Systems 150/5340 19 Tax,way Centerline L~ghtmg S:,stem 150/5340 21 A~rport M~scellaneous L~ghtmg Vlsual A~ds 150/5340 23B Supplemental Wind Cones 150/5340 24 CHG 1 Runway and Taxlway Edge L~ghtmg System 150/5340 27A Air To (}round Radm Control ofA~rport L~ghtmg Systems 150/~345 3D Specification for L 821 Panels for Remote Control of Airport L~gbtmg 150/3345 5A C~rcmt Selector Sw~tch 150/5345 7D CH(] I Speclficatmn for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345 10E Specification for Constant Current Regulators Regulator Mommrs 150/5345 12C SpcclfiCatlon for Airport and Heliport Beacon 150/534~ 13A Specdicatmn for L-S41 Auxlhary Relay Cabinet Assembly for Plier Control of A~rport L~ghtmg Circmts 150/5345 26B CHG 1 & 2 Specificatmns tot L 823 Plug and Receptacle Cable Connectors 150/5345 27C Span~fieatmn for Wind Cones Assemblies 150/5345 28D CHG I Precision Approach Path Indicator (PAPI} Systems 150/5345 39B CHG 1 FAA Spaa~ficatmfl L 853 Runway and Tax,way Centerhne RetroHect~vc Markers 150/5345 42C CHG I SpeelficatLon for Airport L~ght Bases Trans£ormer Housings Junction Boxes and Access~lt=s 150/5345 43D Specification for Obstruction Lighting Eqmpment 150/5345 44E Specification for Tax,way and Runway Signs 150/5345-45A L~ghtweight Approach Light Structure 150/5345-46A Spee~ficatmn for Runway and Tax,way L~ght F~xtures 150/5345-47A Isolatmu Transformers for Atrport L~ghtmg Systems 150/5345-49A Specification L 854, Radio Control Equipment Airport Assurances (7 94) Page 9 of 10 ASW-PP A-I CURRENT FAA ADVISORY CIRCULARS FOR AlP PROJECTS (Continued) NUMBER SUBJECT 150/5345 50 CHG 1 Specification for Portable P, unway L~ghts 150/5345 51 CHG I Specification for D~s~hargc Type Flasher Eqmpment 150/5345 52 Gencrlc Visual Ghdeslope Indicators (GVGI) 150/5360 9 Planning and Design of A~rport Terminal Facd~tlcs at NonHub Locations 150/5360 12 A~rport Stgmng a~d Oraphtcs 150/5360 13 Planmng and Design Gmdance for Atrport Terminal Faedlt~es 150/5370 2C Operat:onal Safety o~1 A~rpor~s During Construcnon 150/5370 6B Construction Progress and Inspection Report Airport Grant Program 150/5370 10A CHG I 7 Standards for Specifying Construction of A~rpor~s 150/5370 I I CHO I Use of Nondestructive Testing Devices in tile Evaluation of A~rport Pavements 150/5370 12 Quahty Control of Construction for Airport Grant ProJects 150/5390 2A Hehport Design I50/5390 3 Vert~port Design Airport Assurances (7 94) Page 10 of 10 ASW PP-A-I Next Document E \~PDOCS\RE$\HOHOR ~,AL RESOLUTION NO. fq~--~5~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, DESIGNATING A "WALL OF HONOR" ACKNOWLEDGING THE MANY CONTRIBUTIONS OF CITY EMPLOYEES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has developed and implemented an organlz&tional mission statement which states: "To be a leader among cities in delivering outstanding quality services and products through citizen involvement, innovation, and efficient use of resources"; and WHEREAS, the City of Denton is dedicated to quality service for the citizens of Denton; and WHEREAS, the City wishes to provide an opportunity to display the many complimentary letters received each year concerning outstanding customer service given by city employees; and WHEREAS, on Tuesday, October 4, 1994, a reception will be held to dedicate the city's "Wall of Honor" which will display letters received from citizens recognizing a "job well done" by City employees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That on Tuesday, october 4, 1994, the "Wall of Honor" will be officially dedicated. SECTION II. That the City Manager shall be directed to ensure that letters recognizing the outstanding customer service given by city employees be acknowledged by placing them on the "Wall of Honor." SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~day of~~_, 1994. ATTEST: BOB CASTLEBERRY,-MAT~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A~ DRAYOVITCH, CITY ATTORNEY Page 2 b \su~¥all r A RESOLUTION TEMPOP~%RILY CLOSING SUN VALLEY DRIVE BETWEEN STUART ROAD AND YELLOWSTONE STREET ON FRIDAY, OCTOBER 14, 1994; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Debra Beyea, representing the Ginnings Elementary PTA, is requesting that a portion of Sun Valley Drive from Stuart Road to Yellowstone 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 4:00 p.m. and 10:00 p.m. on October 14, 1994, for the purpose of having a fund raising event; and WHEREAS, the residents of Sun Valley Drive, from Stuart Road to Yellowstone Street, having signed and presented the City Councll with a petition agreeing to the temporary closing of Sun Valley Drive; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~ That Sun Valley Drive from Stuart Road to Yellow- stone Street, a public street in the corporate limits of the city of Denton be temporarily closed to vehicular traffic from the hours of 4:00 p.m. and 10:00 p.m. on October 14, 1994, for the purpose of having a fund raising event. ~_~ That the City Manager shall direct the appropriate City Department to erect barricades at Stuart Road and at Yellow- stone Street, at 4:00 p.m. and to have the same removed at 10:00 p.m. on said date. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 6 ~ ~ J.\wpdocs\reso\ddp.res A RESOLUTION RE-ADOPTING THE DENTON DEVELOPMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan was adopted by the City Council on September 20, 1988; and WHEREAS, the Denton Development Plan provides for an update procedure and policy which require its re-adoption by the City Council; and WHEREAS, the Planning and Zoning Commission at its regular meeting on August 10, 1994, considered the procedure and policy for the update of the Denton Development Plan and forward a recommenda- tion to the City Council for the re-adoption of the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That The Denton Development Plan, a copy of which is attached hereto, is hereby re-adopted as the comprehensive land use and development plan for the City, to be used ~n future planning, development and land use decisions in the manner and for the purposes therein stated until such t~me it is repealed or hereafter amended. SECTION II. That a major update of the Denton Development Plan should commence when the Vlslon Project Cabinet finalizes its recommendation regarding City-wide strategic planning initiatives, including but not limited to Municipal Airport Development. SECTION III. That this resolutlon shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~-~ay of ~b~, 1994 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 DENTON DEVELOPMENT PLAN POLICIES FOR GROWTH CITY OF DENTON PLANNING AND DEVELOPMENT DEPARTMENT DENTON DEVELOPMENT PLAN TABLE OF CONTENTS PREFACE I. CHAPTER ONE: INTRODUCTION A. Background . . 1 B. Purpose. . · . . 1 C. Scope . ~~ 3 D. Planning.r~c ss 4 E. Major Issues 6 II. CHAPTER TWO= THE PLAN A. Goals and Objectives 9 B. Long Range Plan 11 III. CHAPTER THREE: DEVELOPMENT POLICIES A. Introduction . 17 C. Housing . . . 39 D. Transportation . 49 E. Economic Development 61 F. Parks and Recreation 64 G. Urban Design . 69 H. Balanced Growth 71 I. Compact Growth 77 IV. CHAPTER FOUR: SPECIFIC AREA POLICIES A. Designation of a Specific Area . 81 B. The Municipal Airport Area 82 C. The Downtown Area 87 D. Major Entrance Ways .... 88 E. Teasley Lane/F~ 21S1/Lillian ~iil~r} 1-35E 89 ii Carroll B~u~e~ard . 90 Land Uses Bordering UNT 91 East Denton . 92 Development Near ~he Pecan Creek Wastewater Treatment Plant 92 J. North Locust/Elm Street . . . 93 K. Oak-Hickory Historic District 93 L. Greenbelt Area 94 V. CHAPTER FIVE: IMPLEMENTATION POLICIES AND GUIDELINES A. Plan Implementation . 100 B. Update Procedure 106 AAA00C91 ADOPTION AND AMENDMENTS 1. Resolution #R88-057 dated September 20, 1988: Adopted the Denton Development Plan: 2. Resolution #R88-072 dated December 13, 1988: Expanded the boundaries of the Special Purpose Activity Center in the vicinity of the Denton Municipal Airport: 3. Resolution #R88-073 dated December 13, 1988: Approved a methodology for updating intensity calculations for appendix A of the Denton Development Plan: 4. Resolution #R88-074 dated December 13, 1988: Established boundaries for low intensity area #41. 5. Resolution #R89-001 dated January 10, 1989: Established boundaries of Moderate Activity Center #40 (Lakeview Boulevard and US 380. 6. Resolution #R89-014 dated March 7, 1989: Eetablished boundaries of Moderate Activity Center #78 ( Lillian Miller and 1-35E. 7. Resolution #R89-015 dated March 7, 1989: Established boundaries of Moderate Activity Center %76: 8. Resolution %R89-054 dated September 5, 1989: Adopted Appendix A with intensity area calculatIons: 9. Resolution %R89-055 dated September 5, 1989: Amended the Bonus policy to remove multi family and high density housing from the list of land uses considered for bonus. 10. Resolution #R90-047 dated September 4, 1990: Amended the boundaries of intensity area #23 and %24 resulting from the zoning of the Fairgrounds to General Retail zoning classification. 11. Resolution %91-003 dated February 5, 1991: Expanded the boundaries of the Special Purpose Activity Center on the 1-35W. (HSM and TPG) 12. Resolution 9R91-025 dated April 16, 1991: Added specific area policies for green belts and linear parks. 13. Resolution #R91-043 dated July 16 1991: Amended boundaries of the Major Activity Center so as to accommodate zoning for the Outlet Mall: c:\wp§10\hp\ddp72794 DENTON DEVELOPMENT PLAN LISTS OF MAPS Paae I. MAP SHOWING THE FIVE PLANNING AREAS WITHIN THE GREATER DENTON PLANNING AREA . 5 II. CONCEPT MAP 16 III. NEIGHBORHOOD PRESERVATION ~ 48 IV. LONG RANGE THOROUGHFARE PLAN 53 V. LOCAL MASS TRANSIT SYSTEM 59 VI. REGIONAL MASS TRANSIT SYSTEM 60 VII. MUNICIPAL AIRPORT AREA: Land Use Concept Map 86 VIII. EXAMPLE FLOOD INSURANCE RATE MAPS 99 LAND USE PLAITING COHHI~I~EE KAREN ABERNATHY EAST DENTON LARRY ALDERSON CITY OF i~RGYLE JOE ALFORD CITY COUNCIL GILBERT BERNSTEIN CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION NANCY BOYD PUBLIC UTILITIES BOARD EULINE BROCK PLANNING AND ZONING COMMISSION CHUCK CARPENTER DENTON CHAMBER OF COMMERCE MARK CHEW CITY COUNCIL *BILL CLAIBORNE PLANNING AND ZONING COMMISSION *HARRY DOWN DEVELOPERS INTEREST MITCH DUFOUR CITY OF CORINTH *JIM ENGELBRECHT NORTHWEST DENTON R. B. ESCUE, JR. PLANNING AND ZONING COMMISSION KENNETH FRADY PUBLIC UTILITIES BOARD CHARLES GLASGOW BO;tRD OF ADJUSTMENT THOMAS HALL HOME AND APARTMENT BUILDERS ASSOCIATION Fu%RIAN HAMILTON NORTHEAST DENTON BESSIE HARDIN EAST DENTON JOHN HARGROVE UNIVERSITY OF NORTH TEXAS RICHARD HAYES SOUTHWEST DENTON *VICKI HOLT DENTON INDEPENDENT SCHOOL DISTRICT GARY JUREN PLANNING AND ZONING COMMISSION KAREN KNUTSON SOUTHWEST DENTON BETTY KREPS LEAGUE OF WOMEN VOTERS ROLAND LANEY PUBLIC UTILITIES BOARD *JOHN LAWNON TEXAS WOMAN'S UNIVERSITY MERLIN LEE SOUTHEAST DENTON *LINNIE MCADAMS CITY COUNCIL *TONY RAPOSA DEVELOPERS INTEREST ROBERT RAYNER BOARD OF REALTORS JIM RIDDLESPERGER CITY COUNCIL BETH SCHLAGEL NORTHWEST DENTON TAYLOR STEM NORTHEAST DENTON OLIVE STEPHENS CITY OF SHADY SHORES *J. V. STRANGE DEVELOPERS INTEREST *MITCHELL TURNER SOUTHEAST DENTON CONNIE WELLS COMMUNITY DEVELOPMENT BLOCK GRANT *LAND USE PLANNING COMMITTEE TEAM COORDINATORS EX-OFFICiO MEMBERS LLOYD HARRELL CITY MANAGER DEBRA DRAYOVITCH CITY ATTORNEY RICK SVEHLA DEPUTY CITY MANAGER AND EXECUTIVE DIRECTOR FOR ENGINEERING ROBERT NELSON EXECUTIVE DIRECTOR FOR UTILITIES JERRY CLARK CITY ENGINEER STEVE BRINKMAN DIRECTOR OF PARKS AND RECREATION JAY ANDERSON CONTROLLER ROBERT MCGEE SUPERINTENDENT, DENTON INDEPENDENT SCHOOL DISTRICT DONALD WALDEN REGIONAL PLANNING ENGINEER, STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROGRAM STAFF FRANK ROBBINS EXECUTIVE DIRECTOR FOR PLANNING AND DEVELOPMENT JEFF MEYER FORMER EXECUTIVE DIRECTOR FOR PLANNING AND DEVELOPMENT DAVID ELLISON FORMER ACTING DIRECTOR FOR PLANNING AND DEVELOPMENT STEVE FANNING COMPREHENSIVE PLANNER (PART-TIME) ELIZABETH EVANS PLANNING ADMINISTRATOR HARRY PERSAUD PROGRAM PRINCIPAL PLANNER CECILE CARSON INTENSITY ANALYST DENISE SPIVEY FORMER URBAN PLANNER BARBARA ROSS COMMUNITY DEVELOPMENT COORDINATOR PAUL LEHRER PLANNING TECHNICIAN TECHNICAL ASSISTANCE DAVE HAM DIRECTOR OF WATER/WASTEWATER UTILITIES CHARLIE MCKENNA ENGINEERING TECHNICIAN SUPERVISOR JOE MORRIS ASSISTANT CITY ATTORNEY DAVID SALMON E.I.T. CIVIL ENGINEER CHRIS SMITH ADMINISTRATIVE ASSISTANT, PARKS AND RECREATION SRINI SUNDARMOORTHY CIVIL ENGINEER CITY COUNCIL RAY STEPHENS, MAYOR LINNIE MCADAMS, MAYOR PRO TEM JIM ALEXA~NDER HUGH AYER RANDALL BOYD BOB GORTON JANE HOPKINS COUNCIL MEMBERS - JULY, 1985 (AT STUDY'S INCEPTION) RICHARD STEWART, MAYOR CHARLES HOPKINS, MAYOR PRO TEM JOE ALFORD MARK CHEW LINNIE MCADAMS JIM RIDDLESPERGER RAY STEPHENS PLANNING AND ZONING COMMISSION BILL CLAIBORNE, CHAIRMAN EULINE BROCK, VICE CHAIRMAN RUBY COLE IVAN GLASSOCK JUDD HOLT WILLIAM KAMMAN ETHAKIKER COMMISSION MEMBERS - JULY 1985 (AT STUDY'S INCEPTION) BILL CLAIBORNE, CIiAIRMAN R. B. ESCUE, JR., VICE CHAIRMAN KEITH APPLETON EULINE BROCK RUBY COLE GARY JUREW TOM PEARSON The Land Use Planning Committee, comprised of thirty-seven members representing the various boards and organizations in the City, developers interest, and neighborhood groups, p=epared the Denton Development Plan. The Committee identified and evaluated four alternative scenarios for long range development. I. Current Trends Projections Current trends land use development sets out the base line scenario for growth. This option assumes that there will be no new major control of land uses and that current policies will generally serve to determine the location of most land use developments. It provides for the dispersal and stripping of commercial/retail activities along freeways and major arterials including Carroll Boulevard, Fort Worth Drive, Dallas Drive and University Drive. In the short-term this option will promote economic growth but in the long-term it is likely to result in uncontrolled urban sprawl, higher costs for public services and facilities and the possible loss of a valuable tax base to the Lake Cities in the southeast. II. Restricted Current Trends This scenario is similar to ! except that it emphasizes strip commercial along selected corridors, - i - i.e., University Drive and X-35E. Traffic projections have shown that the proliferation of conunercial/retail developments along 1-35E and University Drive viii generate traffic exceeding the planned capacities of these arterials, resulting in extreme congestion. III. 1981 Development Guide Concept With Additional Centers This concept is adopted from the 1981 Development Guide concept map with additional centers in the wider study area. The basic structure provides for three levels of activity centers, the large major activity centers, the moderate activity centers and the small neighborhood service centers. Additional moderate size centers have been added to follow the same general pattern at the intersection of major thoroughfares. IV. 1981 Development Guide Concept Plan This scenario is identical to the 1981 concept map. It sets out an organized and balanced urban form and structure for growth and development. This option provides the opportunity for the Committee to examine the number, size, spacing and function of the commercial/retail canters. It offers greater benefits in the long-term such as reduced costs for public services and facilities, increased and expanded tax base and greater capacity for mass transit. The Committee rejected current trends and restricted current trends scenarios and selected a plan for balanced growth over the long-term based on a combination of the final two options. The selected alternative and the concepts, guidelines and policies - ii ~ together provide the basis for the Denton Development Plan to shape the future directions and grov~ch of the city. The Land Use Planning Committee placed a high priority on economic development, quality of life issues and preservation of existing neighborhoods. The members also acknowledged the restrictive tax base of the City. They recognized that since approximately 13% of Denton,s developed land is non-taxable, diversified economic development should be emphasized while promoting development in the city. One of the key policies of the Plan relates to city-wide balanced growth. The committee felt strongly that public efforts and funding should be expended to promote an equitable distribution of development in all areas of the city as opposed to following growth towards the southeast. The following document contains the policLes and goals for Denton to prosper and grow into the twenty-first century. CHAPTER ONE: INTRODUCTION DENTON DEVELOPMENT , CI~,PTBR Z: ZNTRODUCTXON A. Backaround The Denton Development Guide was adopted in 1981 and subsequently it has been widely used as a policy framework to promote land use planning and development within the City. The first half decade of the 80's initiated a period of rapid population growth and an increase in development activities. Between 1980-1985 population increased from 48,063 to 61,000, representing a growth rate of 4.8% annually, compared with a low to moderate growth rate of 1.8% per year in the preceding decade 1970-1980. The 1981 Denton Development Guide policy required a major update every five to ten years. The major update depended on population growth and the extent of amendments during the preceding years. In 1985 the City Council requested a major update of the 1981 Guide. Bo PUrDOSe The Denton Development Plan establishes an integrated policy framework to direct and manage the AA~00CPl - i - long term physical development of the city. The Plan incorporates a statement of public polio¥ intended to be used by decision makers, City staff, private development interests, citizens and public interest groups as a basis for info~med decision making. City staff will use the Plan extensively on a day-to-day basis in dealing with zoning, land subdivision, public utilities and community facilities planning, capital improvement programs, budgeting and related matters. Persons interested in the development of land within the greater Denton Planning Area are encouraged to read the entire plan. The Plan provides the policies and guidelines to assist in achieving concept approval of development proposals. The Plan's main purpose is to create a foundation for the more detailed functional plans and studies necessary in day-to-day decision making. The use of the Plan includes discussion, negotiations, refinement, re-drafting or commitment to the policies in the consensus planning process. Continuous adherence will facilitate the achievement of the following goals of this plan: 1. Assistance to comprehensive decision making in an integrated planning process. Providing a check list to insure that all issues are considered in decision making. AAA00C91 - 2 - 3. Encourage and promote coordin&tion, uniformity, and consistency in the ad~lnistration of development policies. 4. Set out policies and guidelines to assist developers in obtaining approval from the Planning and Zoning Commission and the City Council. 5. Reduce public cost. The Denton Development Plan fulfills the legal requirements set out under Section 211.004 of the Local Government Code of the State of Texas which states.... (zoning) regulations must be adopted in accordance with a comprehensive plan." The plan also provides the basis for the City code of ordinances Appendix A, Article 1.01 which states that... (The Subdivision and Land Development Regulations)... "shall conform and be properly related to the proposals, policies shown in the officially adopted master plan(s),, and Appendix B, Article i "(The Zoning Regulations) have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the City." C. Scooe Traditional master plans for cities are essentially fixed design maps forecasting land usage at specific locations. These master plans rapidly become outdated and have often been regarded as obstacles to growth rathe~ than guidelines for orderly development. AAA00C91 - 3 - Alternatively the Denton Development Plan establishes an integrated framework for physical development with extensive built-in flexibility. The Plan does not identify site specific land uses. It is more process oriented. The Plan sets out the concepts, policies and guidelines to determine the possible land use development on specific sites. The general goals and objectives of the Plan are contained in Chapter II. The Denton Development Plan covers a study area of approximately 144 square miles. The study area is considered adequate to accommodate urban growth and development to the year 2010I. In general the study area is hounded by the Elm Fork Trinity River on the east and extends to the south to include portions of the City of Corinth and Argyle. on the west it follows a line approximately three (3) miles west of the Denton Municipal Airport and east of and adjacent to the City of Krum. The northern boundary generally follows the watershed between Milam and Clear creeks and FM 428. The map on page 5 shows the boundaries of the study area. D. The Plannlna Proces~2 The Denton Development Plan was developed by a thirty-seven member Land Use Planning Committee representing a wide cross section of the City. ILand use Analysis 2010. Planning and Development Department, March, 1986, page 24. 2For more details see the Planning Process booklet. Planning and Development Department, City of Denton, March, 1986. AAA00C91 - 4 - The committee ~ncluded ~en neighborhood represen~atives and members nomina~ed by major organizations and boards oper&t~ng in the City, The Land Use Planning Committee convened twelve workshops between February and November, 1986. The initial series of workshops concentrated on developing background data and understanding current trends, policies and problems. In these sessions city staff presented introductory workbooks, projections and analyses of population, land use, transportation and public infrastructures. In the later workshops the Land Use Committee worked in three separate teams using planning aids and large City maps to simulate possible scenarios for land use development to the year 2010. Through the workshops, questionnaires, and discussions, the major issues and policies were developed into three alternative concept plans. The policy framework incorporated In this Plan represents a composite of the three scenarios. In the final stages of the process the Committee nominated nine team coordinators who were responsible for preparing the final working draft. The Land Use Planning Committee identified six (6) major issues, with related goals and objectives, integrated to form the basis of this plan. AAA00c91 - 6 - 1. Intensity Concentration and Standards The Land Use Planning Couittee was concerned with the higher land use intensities developing in low intensity areas. The Committee agreed that the intensity policies are important to the "achievement of quality growth in a small town atmosphere." 2. Compact Growth Based on current trends development, the Committee concluded that leap-frog and sprawling development incur higher public costs for roads, water, wastewater and community facilities, and underutilization of existing services and infrastructures. 3. Use of Public Funds to Encourage Balanced Growth The Committee was concerned with past development in certain areas that resulted in high city development costs. The Committee agreed that public funds should be used to encourage and promote growth so that there is an equitable distribution of development in all areas of the city. The five planning areas are shown on map on page 8. 4. Urban Design The Land Use Planning Committee iterated the need for urban design standards to enhance the character and image of the built environment. It agreed that the living environment in the AAAOOC91 - 7 - city can be enhanced if greater emphaeie le given to architectural design and layout, landscaping, tree and foliage preservation, signage and the protection of historic land- marks. Economic Development The Land Use Planning Committee was concerned about the urban economic base in the greater Denton Planning area. It was agreed that priority be given to developments that strengthen and diversify the local economy, resulting in a wider range of employment opportunities and thus expanding the tax base of the city. 6. Plan Implementation The Committee emphasized that the Denton Development Plan must be followed consistently, fairly, and positively to promote long-term quality growth and economic development. AAA00C91 - 8 -- CHAPTER TWO: THE PLAN A. ~oals and Ob4ectives One of the major goals of the long range plan is to accommodate planned growth to the year 2010. It is recognized that the spatial form and pattern of future growth will determine to a large extent, the quality of life for the citizens of Denton. The specific goals and obJectivee serve to provide the basis of the plan to shape the future of the City. The specific goals and objectives of the Denton Development Plan can be summarized as follows: 1. Provide a framework to encourage public support for planned growth as opposed to responding to current trends. 2. Promote and encourage balanced growth so that development takes place equitably in all planning areas of the city. 3. Provide opportunities for diversified housing with emphasis on housing for low to moderate income levels. 4. Promote the development of a stable and diversified economic base to generate increasing Job opportunities and a broader tax structure. 5. Encourage the economic utilization of lands in the vicinity of the municipal airport. A~A00C91 - 9 - Promote the development of an urban center in the northwest to create a balance with the centers in the southeast and central areas. 7. Encourage a spatial pattern of land use development which reduces the cost of public services and infrastructure. 8. Promote in-fill development within the Loop 288 corridor to secure maximum utilization of existing services and infrastructure. 9. Protection of residential neighborhoods from the Intrusion of incompatible land uses, traffic, noise and pollution. 10. Improve the design, image and character of the city by preserving existing vegetation and natural topography and encouraging adequate landscaping in new developments. 11. Provide an integrated framework to guide the long term development of public utilities and community facilities. 12. Promote land use diversity to encourage housing and community facilities in close proximity to employment centers. 13. Promote the development of a land use pattern conducive to the successful implementation of a mass transit system. 14. Promote distribution of land uses resulting in less traffic congestion. AAA00CPl - 10 - Promote and encourage revitalization and redevelopment in the existing Central Business District. The long range plan is based on desired population and land use to the year 2010~. Population is expected to maintain a compounded annual growth rate of 4% to 1990 and than stabilize at 3% to the year 2010. The population planned for the City and the Greater Denton Planning Area is shown in Table I. TABLE I: PLANNED POPULATION FOR CITY OF DENTON AND GREATER DENTON PLANNING AREA. 1990-2010. 1985 1990 2000 2010 ICity of Denton 58,000 72,000 98,000 131,700 Greater Denton 60,500 77,500 105,200 141,500 Planning Area The planned increase in total population to the year 2010 will generate new demands for employment, housing, transportation, shopping, public utilities, community services and facilities. These demands have been estimated to determine land use development and growth required to adequately serve the needs of the City in the future. The total projected acreage of new developments by land use categories for 1990, 2000, and 2010 is shown in Table II. ~See Land Use Analysis 2010, Planning and Development Department, March, 1986. AAAOOCgl - 11 - TABLE II: PLANNED LA)ID USE GROWTH 1990 - 2010 Exist- Figures represent Cuau- lng De- total acres of letive veloped planned growth Growth Land Use Acres in Acres Categories 1990- 1984 1990 2000 2010 2010 Single Family 3,133 907 1,552 2,033 4,492 Multi-Family 440 129 222 290 641 Commercial 667 243 415 545 1,203 Industrial 317 162 277 363 802 Institutional 1,555 324 554 726 1,604 Transportation 1,859 567 970 1,270 2,807 and Utilities TOTAL 7,951 2,332 3,990 5,227 11,549 The major features of the long range plan are as follows: 1. Population and Size The plan incorporates an area of approximately 144 square miles defined as the 2010 utility service area and described as the Greater Denton Planning Area in this document. It is intended to accommodate a planned population of 141,500 by the year 2010. 2. Land Use Growth The plan provides the framework and basis for land use development to meet the demands for new employment, housing, commercial, social and public services and facilities. It is projected AAA00Cgl - 12 - that the total area of developed lands will be expanded by 11,$49 acres to meet demands for new growth to the year 2010. The major goal of the long range plan is to achieve a balanced distribution of developed lands in all five planning areas. 3. Urban Form and Structure The long range plan establishes a network of activity centers based on the village concept.2 The general location of these centers are shown on the concept map on page 16. a. Major Activity Centers 1) Urban Centers These are the largest centers atrategically located to encourage the concentration of commercial, retail, office, light industrial and multi-family housing. These centers are intended to serve as the hub for economic activity and employment. According to the plan, the northwest urban center should be approximately equal in size to the southeast center by the year 2010. ~he village concept is used to describe the relationship between a center and its service area. The center is the hub for a wide range of activities including commercial/retail, community services, and facilities and employment. This is where people meet and interact while working, shopping or enjoying leisure activities. AAA00C91 - 13 - 2) Special Purpose Activity Center The plan designates a special purpose activity center in the vicinity of the Municipal Airport. This center is intended to encourage the establishment of an industrial economic base given the locational advantages of this site in terms of access to rail, motor and air transportation. b. Moderate Activity Centers The plan proposes a number of moderate activity centers emphasizing a wide diversity of land use developments. The moderate activity centers are located about a mile apart at the intersection of and abutting major thoroughfares. They are intended to serve as mini-town centers with mixed use developments. c. Low Intensity Areas All the other areas shown on the concept plan and not included in the centers outlined above are intended to be used primarily for single family residential developments. At the neighborhood level, the plan incorporates a network of small commercial/retail centers with direct access to a collector type street or larger thoroughfare. AAA00C91 - 14 - 4. Thoroughfare Network The proposed land use pattern will be served by an updated thoroughfare network. The thoroughfare system has been designed so as to provide greater capacities to locations which have been designated by the plan to generate long-term higher traffic volumes. 5. 2010 Development Program (A new definition of need) The phasing of land use developments and scheduling of public infrastructures and community services and facilities over the plan period in accordance with the goals, objectives and policies of this plan will be incorporated into a 2010 city wide development program. The implementation schedule for public infrastructures is to be used as the basis for defining planned needs. The rationale for meeting planned needs in the short-term will ultimately reduce or eliminate the current perceived needs in the long-term. 6. The Greater Denton Planning Area. The scope of the plan covers an area defined as the 2010 utility service area which includes the cities of Corinth, Hickory Creek and part of the city of Argyle. The general objective of the plan is to promote physical development in the entire study area but to encourage the priority use of public funds to support infrastructure development within the half mile limit of the Loop 288. AA,~.00C91 - 15 - CHAPTER THREE: DEVELOPMENT POLICES The development policies in this section deal with intensity area, housing, transportation, economic development, parks and recreation, urban design, balanced growth and compaot growth. The policies are both general and specific. The general policies provide a framework for more detailed functional planning (e.g. utility master plan). The specific policies are intended to be implemented in the short term along with all other City wide policies contained in the plan. They have been designed to be consistent with and to accelerate the realization of the wider goals and objectives of the long range plan. B. ~ntensitv Area Policies The intensity policies provide a city-wide framework for promoting and regulating land use development. The framework is based on a maximum intensity allocation for the planning area as a whole. The maximum intensity allocation consists of (1) maximum number and intensity of moderate centers; (2) maximum size and number of major activity centers; and, (3) size and intensity of low intensity areas. The intensity policies should be given priority in all planning activities. City staff should use these policies on a day to day basis before applying other city-wide policies in AAA00C91 - 17 - dealing with land use proposals. Thus developers are encouraged to use the following policies and guidelines when preparing land plans, A change in an intensity standard is considered a major decision of the City; therefore, incremental planning activities and decisions that will change the intensity of an area should be referred for an intensity study by the Planning and Zoning Commission. (See Section 6 - Intensity Amendments.) 1. Major Activity Centers a. Purpose and Intent The purpose of designating major activity centers is to provide a policy commitment to a specific location in order to: 1) Ensure a commitment to the bus,ness community that activities in these areas will be supported by City Government while making a commitment to other residents that their neighborhoods and local streets and facilities Will not be disrupted by an unplanned major activity center in their neighborhood. 2) Ensure that adequate public infrastructure to support these centers is available. Major roads, utilities and other public expenditures should be built and encouraged in this area either AAA00c91 through Capital Improvement Programs or private funding. 3) Ensure that the long-range plan achieves balanced growth within the City. b. Location The Denton Development Plan identifies four major activity centers in the following areas: 1) I-3§N; Hw~ 77; North Loop 288 area 2) Golden Triangle Mall area to Mayhill Road 3) Airport 4) Downtown area c. Specific Center Characteristics3 1) Southern Urban Center and Northern Urban Center 3The major activity centers in the north, the Golden Triangle Mall, and the downtown area have been designated as urban centers. These centers are intended to provide a wide range of urban services including commercial/retail, personal and professional services and leisure activities to major sections of the City. AAA00Cgl - 19 - The Northern and Southern Urban Centers are intended to have & comms~cl&! and industrial emphasis, and to encourage & mixture of employment and high density residential uses, To promote balanced growth, a major goal of this Plan is that the Northern Urban Center be comparable in size, employment, and density to the Southern Urban Center by 2010. 2) Special Purpose Activity Center: The airport area is proposed as the major industrial area in the City due to its access to air, rail, and motor transportation (See Chapter IV, Specific Area Policies). 3) Central Urban Center: This Plan recognizes the unique aspects of the original downtown area as a special purpose high intensity center. A priority policy of the Plan is the continued support of the downtown area. As part of a program initiated by a Central Business District Association, the City would support public expenditures in an effort to upgrade and preserve the area. Innovative programs, with emphasis upon pedestrian traffic AAA00Cg1 - 20 - within the downtown area vhlle dev$1oping perimeter parking should explored. d. Diversity and High Density Residential Land use diversity, including high-density housing, should be encouraged but new low density housing should be discouraged. This housing will provide a transition to lower intensity adjacent areas but also provide transportation balance and energy conservation by having housing in close proximity to Jobs and services. e. Low Density Neighborhood Protection Low density residential areas on the fringe of these major activity centers should be protected by such measures as intensity gradation, strict site design requirements, transportation planning and implementation, land use balance and landscaping. Further, traffic planning should ensure that no local residential streets are utilized for general circulation to the centers. Development of neighborhood associations and councils are encouraged to further ensure neighborhood protection. 2. Moderate Activity Centers a. Purpose and Intent The purpose of identifying moderate activity AAA00Cgl - 21 - centers Parallels eeny o~ the purposes discussed earlier ret m&~or centers, including balanced city vide growth, Planning infrastructure for the limited size of these centers helps ensure balanced development in the City. b. Location and Size Moderate activity centers are located at the intersection of two primary arterials and at strategic locations abutting a freeway and are spaced approximately a mile apart. The general locations of moderate centers are shown on map on page 16. These centers are a maximum of 60 acres in size. Other centers may be larger or smaller or located less than a mile apart as necessary for specific planning reasons. c. Intensity Standard The intensity standard for moderate activity centers is 350 vehicle trips per day per gross acre (t/d/ac). A 60 acre moderate center for example Will have a total of (60 ac X 350 t/d/ac) 21,000 intensity standard. d. Diversity Land use diversity Will be encouraged in moderate centers to promote the following: AAA00cg! A sense o£ "my par~ st ~ovn. (the village center concept) Intensity on land use gradation Transportation/land uss balance (reduction of cross-town traffic) Location of ~obs and housing in close proximity Land use diversity shall be defined as uses other than the dominant land uses in the area such as commercial, retail, light industrial, and office. 1) Bonus The diversity policy of the Plan allows for intensity bonuses for mzxed land use developments that include public or nonprofit community type service facilities or uses, such as churches, schools, librarzes, fire stations, police stations, parks, open spaces, or governmental offices. To meet the requirements for a bonus, land for the community facility or use must be within the 60 acre designated area of a moderate activity center and cannot abut the outer boundary of the center. A developer may qualify for a bonus by AAA00Cgl - 23 - putting & community type facility or designating & land use for & community facility &t or close to the ma~or intersection of the moderate node. The formula for calculating intensity bonuses shall be as follows: Number of acres~ x 3502 plus Number of acrss~ x 602 Number of acres designed for governmental offices or community services and facilities Intensity factor for moderate center Intensity factor for low intensity area The intensity bonus can be used to extend the boundaries of the moderate center. For example, a 5 acre park shall earn a bonus of 2,050 intensity trips (5 x 350 + $ x 60). If this is used to develop multi-family housing at 25 units per acre it will expand the center by (2,050/2004) 10.25 acres. 4 = units/acrs multiplied by number of trips generated by land use, e.g., multi-family generates 8 trips per unit. AAA00Cgl - 24 - The developer providing the co.unity facility is the individual who receives the bonus and t~e bonus m&¥ be an increase in land or in the intensity allowed for the developer,s land. 2) Commercial/Retail Limits In order to encourage diversity in the moderate centers, commercial/retail land uses shall be limited to 1/3 of the total acreage of the center. For example, a 60 acre moderate center can accommodate a maximum of 20 acres of commercial/retail land use. In addition, the 1/3 rule shall not apply to a moderate node that has been expanded by a bonus, therefore all intensity gained from the bonus may be designated for commercial/retail uses. Commercial/retail land uses shall be encouraged in not more than three corners of an intersection that incorporates a moderate center. e. High-Density Housing The Plan encourages high-density housing, including manufactured housing, in the moderate centers under the following conditions: 1) Transition between land uses ~00C91 - 25 (see above) 3) At least one access by s primary or secondary arterial with no direct access on a residential street 4) Limit concentration in moderate node to 750 units separated by 1/2 mile from another concentration 5) Good sits design standards to protect adjacent single family areas, such as utilizing 1-arge setbacks, landscaped front yards, screening and fences. f. Low Density Neighborhood Nousing Protection Low density residential areas should be protected by strict site design control With setbacks, parking, buffering, and landscaping requirements. Further, traffic planning should ensure that no local residential streets are utilized for general circulation to the high or moderate intensity developments. g. Strip Commercial It ts the intent of the plan to encourage centers of activities and to discourage strip commercial development. This will be accomplished 1) Limiting curb cuts AAA00Cgl 26 - Requiring lite plan ra¥1ev (i.e., parking, setbacks, ets.) 3) Encouraging diversity on major arterials (comAercial nodes broken up by high density housing, offices, etc.) 4) Discouraging unsightly and hazardous strip comAercia! by requiring sign restrictions, buffering by greenbelts and/or landscaping 5) Limiting amounts of commercial/Fetal! land use in moderate and low intensity areas. 3. Low Intensity Areas a. Purpose and Intent All areas not designated high or moderate intensity areas are considered low intensity areas. The primary purpose of these areas is to ensure the overall land usa/transportation balance by controlling the overall density and intensity. FUrther, these areas represent primary housing areas in the City of Denton. Thus, these areas should emphasize residential use instead of a mixture of residential and nonresidential. b. Location The general location of these areas is shown on the map on page 16. AAA00CgI - 27 - a, 8~ze/ZntensL~y These areas are planned to correspond to an overall Lntenait¥ policy measured at 60 trips per day per gross acre. The areas should be approximately 640 acres. d. Diversity/Neighborhood Protection Low density residential, small scattered sites of apartments, and nonresidential uses are encouraged in all areas of the City subject to the following limitations: 1) Strict site plan control within 1,600 feet of existing low density residential areas. Developments must maintain the character of the area with architectural design and landscaping. 2) Traffic design to ensure that multi-family and nonresidential uses have access to collectors or larger arterials with no direct access through residential streets. 3) The overall density/intensity standard is not violated. 4) Sufficient green space, recreational facilities and diversity of parks are provided. AAA00Cgl - 28 - $) Inpvt ln~o pl&nnin~ by neighborhood &ssocl&tions &nd councils is encouraged. This policy is intended to generate input and not veto power. e. Non-residential/Retail/Multi-Family Concentration l) Neighborhood Service Center Neighborhood service centers are small nodes of nonresidential establishments intended to offer mainly convenience goods and services at the neighborhood level. These centers shall be located at least a half mile from any other non-residential/retail center. The size of non-residential centers vary from 2 to 5 acres depending on their access to a specific category of thoroughfare. Direct access to freeway - 5 acres Direct access to primary or secondary arterial - 3 acres Direct access to collector street - 2 &cres Multi-Family Concentration Multi-family housing is defined as apartment development with density of 12 units or more per acre. The size of multi-family concentration shall vary AAA00Cgl - 29 - frol 100 to 200 units In one locstion depending on sccess to · speoiflo category of thoroughfares. Direct access to freeway - 200 units Direct access to primary or sscondary arterial - 150 units Direct accese to collector street - 100 units Multi-family concentrations shall be located at least 1/2 mile away from the nearest multi-family concentration. f. Manufactured Mousing Manufactured housing may be compatible with developments in the low ~ntensity areas subject to the following conditions: 1) The overall intensity standard not to bs violated 2) No concentration of more than 200 units 3) Access by a collector street or larger 4) Strict site plan control within 1,600 feet of existing single family residential 5) Sufficient green space, recreation facilities, etc. provided 6) Input into planning by neighborhood AAAOOC91 30 - g. 8 rip Connorc/al Any £or~ of continuous strip colercial is strongly discouraged /n/or near lov intensity areas. 4. Intensity Allocation and Calculation Aa a general planning pol/cy, a specific development should only make use of a proportionate share of the trip generation intensity allocated for the intensity planning area affected. This policy is based upon the ratio of the acreage of the proposed development to the acreage contained within the intensity planning area in which the development is located. When making a land use decision that affects a low or moderate intensity planning area, the trip generation standard for the planning area must be defined. If the area is 640 acres and it is a low intensity area, then the maximum trips would be 60 t/d/ac X 640 ac or 38,400 t/d/ac. The trip generation intensity USed by existing development and zoning in the planning area should then be calculated. The unallocated capacity of an area can then be determined. If the intensity generated in the area by the existing development and zoning does not exceed the standard, then trip generation intensity is allocated to the proposed development under the AAAOOCgl - 31 - general policy ct proportionate example is, a 160 acre epecl£io development in 640 acre low intensity planning area would be allocated 9,600 tripe per day, which is the allotment for the entire area. To compare the general policy with the proposal, the trip generation intensity to be used by the Proposed development must be calculated. If the proposed development does not violate the general policy of intensity allocation, the request would be evaluated in reference to other policies of the Plan. If a specific request violates the general policy of proportionate allocation a determination should then be made whether there are planning considerations that would warrant approval of a disproportionate allocation of intensity. The Planning and Zoning Commission and City Council should consider the following items, but are not limited to these ~tems= a. The location of the proposed development in reference to existing or proposed public facilities, such as streets, water or sewer lines, and drainage facilities. In this regard, the City's Master Plan for public facilities should be considered. It may be found to be more desirable, for example, to allocate more trip generation intensity to a proposed development that is adjacent to, or would have convenient access to, existing or proposed major thoroughfares, major water and sewer lines and drainage facilities. AAA00C91 32 - b, T~e topography or tAe land in the planning area and the proposed devolopment, Thero may b~ reason to allocate less trip generation intensity for a specific property that vould otherwise require major mo~lficatlon of natural drainage areas, the removal of large masses of trees, the leveling of hills, and other major topographical modifications to develop. c. The land use in the planning area and surrounding areas. The proposal should be reviewed to determine the compatibility with existing and potential land uses in the area and surrounding area. d. The allocation of trip generation intensity in reference to other policies of the Plan, such as, the protection of older neighborhoods and single family housing; diversity of housing; and the concentration of apartments and office/retail sites. If the City Council or the Planning and Zoning Co~ission wants to raise the intensity standard for a low or moderate area, the Planning and Zoning Commission and City Council should conduct a special study session, focusing on the intensity question and the impact of changing the intensity standard. The specific study process shall be determined by the Conunission or AAAOOc91 - 33 intensity allocation for the o/fy as a Vhole and boy that level rill be maint&intd. Hoverer, if the standard i8 Lncreased, this action doe8 not mean automatic approval of an individual proposal. In specific areas of left-out lots or where a disproportionate allocation of intensity has already been granted, the proposed development will be evaluated in reference to the least intense, most logical land use for Property in the area. rn addition, the effect on the surrounding planning areas and compatibility with other policies of the Plan should be re¥iewed. Other options that may be considered are changing zoning of vacant higher intensity property, expanding the intensity area by reducing the size of an adjacent area, increasing the standard. However, this should not be interpreted as increasing the maximum intensity allocation. The intent of the allocation policy is to maintain an intensity balance in each area 8o that the intensity in the City is equally distributed. The general policy is to not allow a disproportionate share of lntensity~ however, depending on the area and Planning reasons, certain parcels may receive more than a proportionate share. The specific formula for calculating intensity is located in Appendix A. AAA00Cgl ' 34 - $. ~ounda~ Definition ?he boundaries o~ th~ intensity areas &~a shov~ on the concept map in general locations vithin the planning area. Detailed boundaries are defined in Appendix A (available from the Planning and Development Department) and on the Intensity Area Map, as approved by the Planning and Zoning Commission and adopted by City Council. The lines for the areas are established by using the following criteria: a. Low Intensity Areas X) The Denton Development Plan provides the general location. 2) The model size is 640 acres which represents a traditional large neighborhood. 3) The area should be defined by logical and traditional planning boundaries, including major arterials, railroads, natural barriers such as creeks, zoning boundaries, property lines (large ownership), and similar boundaries. Some areas of town, however, may not follow traditional planning boundaries. The neighborhoods may use common facilities and service areas and may have a history of mutual concerns. AAAOOCgl - 35 - eoolo-econosio and physical land uss interdependence which is classified by non-traditional boundaries° 4) The intensity areas are a network~ therefore, adjacent areas should be reviewed to insure that boundaries are following the criteria and not conflicting with the adjacent area meeting the criteria. 5) Unique areas which might distort the intensity calculation in an area should be evaluated. Generally, areas must be able to absorb urban growth, and some areas should be excluded that would distort the intensity of an area. Examples include major freeways and bodies of water. b. Moderate Activity Centers and Major Activity Centers The same criteria used for determining the low intensity area boundaries should be followed except the model size is 60 acres. The location of these areas are outlined ~n the Plan. Logical planning boundaries should be evaluated to ensure a network exists with the adjacent areas. AAA00Cgl - 36 - ~, ~nteneity ~aen~men~ As crated in the Introduction to this chapter, "A change in an intensity standard is considered a major decision of the City." Incremental planning activities and/or decisions such as zoning and planning for utilities, drainage, transportation, and parks which can directly or indirectly change intensity should be reviewed to determine the impact on the intensity of the City. The review process consists of a study session by the Planning and Zoning Commission, a recommendation by the Commission to the City Council, and Council determination of the need for a change in the intensity. The Commission will review requests by petitioners, land owners and staff at study sessions set quarterly. Notice will be provided to the public. If a petitioner or land owner, does not wish to wait until a scheduled study session, the petitioner or land owner must prepare a study containing the information below plus any information established as part of the procedures of the Planning and Zoning Commission. a. Intensity analysis of all adjacent intensity areas. b. Impact of proposal on boundaries of adjacent areas, AAAOOC91 - 37 - Bffeot or 'chis proposa~ on 'oho ovsrel~ intensity balance or the City, Zntensity areas should be identified vhere Intensity may be reduced (floodplain~ parks~ highways, eto,) to offset the increase. A atudy may be necessary to Justify the reduction using the same criteria for the original proposal. Land use areas where Intensity may be used to offset other land use areas are restricted to land uses In the specific planning ares under review and cannot be land uses already accounted for in the intensity formula as outlined in the Technical Appendix to the Denton Development Plan (a separate document). An increase that would change the overall intensity of the City should not be approved. The study should be submitted to the staff for review. After the staff has reviewed the study, it will be submitted to the Commission. The Planning and Zoning Commission will then determine if a special study session is in order. The focus of the Planning and Zoning Commission study will be on the intensity question and the impact of changing an area's intensity standard. Other planning decisions will be considered separately from the intensity question. AAA00C91 - 38 ?he purpose of the housing policies is to encourage alternative types of housing that respond to the differing economic and individual life-styles of Denton;s citizens, protect existing and futura neighborhood integrity and insure that the overall city-wide intensity policy is maintained. The following specific policies provide the guidelines for neighborhood protection and housing diversity within the context of the plan's intensity policies. 1. Housing Diversity It is the policy of this plan that housing diversity be strongly encouraged in Denton as a whole. The policy of housing diversity is closely related to housing size, density and cost. Housing density is defined in units per acre as low (0-5), medium (6-1ess than 12) and high (12 and over). In striving for the goal of housing diversity, consideration should be given to the following: a. Provide a wide range of housing t~pes in such quantities city-wide and sector-wide that correspond to Denton citizens, financial capabilities and desires for differing life-styles. b. Emphasis should be given to the development of diversified housing in all sectors of the city, which also suggests that one housing type should not be concentrated in any one ............. 00C91 - 39 - eeotor of the oity. This polioy viii tend to promote balanced growth vhich provides benefits of balanced land values, batter utilization o£ infrastructure, more energ~ efficiency, reduces traffic congestion and provides a sense o~ co.unity In all areas of the c~ty. c. Diversified housing patterns should be well planned to insure that all neighborhood integrity is maintained. Examples of planning policies ara~ l) No t~pe of housing overly concentrated in one area. Good site design transition between housing types and density, qreenbelts, housing density gradation and architectural design. 3) Transportation design so that higher density housing can be served without flowing through lower density areas. 4) Provide for different modes of transportation to be integrated within and between neighborhoods end activity centers. 5) Create codes and ordinances to promote and encourage the quality of smaller size housing. AAA00Cgl - 40 - Housing Cost and City ~egul&tiona Current trends in development standards have increasingly added requirements to encourage higher quality housing but in so doing have raised the cost of housing by filtering these costs to the developer and then to the new homeowner. The policy of this plan is to reduce the cost of housing by encouraging growth in the low to moderate housing market. For examples a. Allow greater flexibility in the sitting of a house on a lot, requiring only a maximum building coverage, front yard requirement and fire separation. b. Provide more flexible lot width and degth requirements as long as the minimum lot size is maintained. c. Explore and implement housing development concepts such as town houses or semi-detached houses sharing a larger recreational and green space. 3. High Density Housing High density housing includes apartments and other forms of housing with a density of twelve (12) units and over per acre. It is the policy of this plan that high density housing be dispersed throughout the city with limited concentration in any planning area. AAA00Cgl - 41 - &o Node~ate ~otlvlt¥ Cente~m The plan encourages high density housing tn the moderate activity centers but limits the size of concentration to 750 units with one half mile (1/2) separation. (See policies in Section B). b. Low Intensity Areas Individualized sites or small areas throughout the City would be permitted only if it meets as a minimum the following conditio~s= 1) Direct access to a collector street or larger thoroughfare. 2) Access to pedestrian, bike and public transportation (when available). 3) Strict site design review for all projects within 1,$00 feet of existing single family dwellings. The intent is to protect existing housing as a priority policy by good transition, screening, open space, landscaped front yards in character with neighborhood. This policy does not prohibit multi-family within 1,600 feet of existing single family housing, but does emphasize proper site planning. AAAOOCgl 42 - Not~ ~.= exceed ~hn overell intensity standard, $) Existing street and other public facilities are adequate including capacity for all modes of transportation. 6) The size of apartment concentration shall vary between 100 and 200 units in one location, depending on access to a specific category of thoroughfare. (Refer to policies in Section B). 4. Apartments, Recreation Facilities and Sits Planning It is recognized that multi-family developments place greater strain on community recreational facilities. The intent of this policy therefore is to encourage apartment complexes to provide adequate open space and other recreation facilities to meet the needs of residents. Apartment complexes of forty-five units and over should provide facilities including, but not limited to swimming pool and exercise equipment. 5. Housing and Neighborhood Preservation The intent of these policies as well as numerous other policies throughout this plan are intended to preserve our neighborhoods, the backbone of our community. This goal is reinforced by current unstable economic conditions, dwindling ~AAO0C$1 - 43 - environmental concern. &~ t~e ~ede~&l e~&~e and local levels. Therefore, existing housing stock becomes & priority. The following are examples of specific policies= a. Modify codes to encourage remodeling of housing and redevelopment of neighborhoods by providing incentives in taxes and public facilities. This is not intended to provide incentives to individuals or to modify health and safety codes. b. The following general policies are suggested for all neighborhoods, but particularly older neighborhoods: 1) Code enforcement will have a priority in older neighborhoods. 2) Neighborhoods will be encouraged to interact with the Planning and Zoning Commission, City Council, other pertinent boards, and City staff. c. Special consideration shall be given for the protection of older residential neighborhoods which have been improved or have benefited from Community Development Block Grant and similar federal or state expenditures. These areas ars specifically defined as follows and shown on map on page 48. AAA00Cgl - 44 - l) Carroll Boulevard/University DrAve~ An area bounded on the south by Un~vers~ty Dr~ve, on the east by Ball Avenue, on the north by Coronado Drive, Locust Street, Orr Street and Highway 77, and on the west by Carroll Boulevard. Carroll Boulevard/West Hickory: An area bounded on the south by West Hickory, Welch and Sycamore Street, on the east by Carroll Boulevard, on the north by the south property line of retail and office uses abutting University Drive, and on the west by Malone, Scripture and Bonnie Brae. South Carroll/Eagle Drive: An area bounded on the south by I-3SE, Earl and Greenlee Streets projected along a straight line to Fort Worth Drive, on the east by Fort Worth Drive and South Carroll, on the north by Eagle Drive and on the west by Collier Street. 4) Morse Street/Woodrow and Audra Lane: An area bounded on the south by Dallas Drive, Duncan, and Kerle¥ Street and the north property line along Shady Oaks Drive, on the east by Woodrow and Audra Lanes, on the north by Wayne and Mozingo Streets, and on tha west by the railroad, Prairie Street, Avenue R and the railroad to Dallas Drive. AAAOOCgl - 45 - ~out~ Carroll/P&r~v&¥~ ~ &rs& bounded on ~he so~h by Parkv&y Street, on ~he east by Oakland and ~ocust Streetm, on the north by University and on the west by south Carroll. 6) Oak-Hickory Historic District: An area comprising blocks number 328, 329, 330, 336, 476 and 488 and part of block 475. The boundaries of the Historic District may be amended from time to time over the plan period. 7) Additional Areas: Other areas may be added to this list from time to time over the plan period. d. In reviewing zoning, subdivision, capital improvements and other proposals, existing neighborhoods will be given specific consideration to ensure stability. Compatible redevelopment is encouraged, including the priority expenditure of public funds over newly expanding areas. Specific review criteria will include: 1) Upgrading or eliminating older deteriorating structures will be encouraged to the extent that it is Judged positively for the overall neighborhood. AAA00Cgl - 46 - Roviev ore,erda v~l~ =ons~dsr the of proposed deve~opuen~ *n ad~a=on~ ~o oF neaFby exPoSing ne~gh~Fho~s, PFopoaed deve~opmen~ neaFb~ neighborho~o should be ~udged b~ the same design and developmen~ standards ~ha~ would be applied If the development was proposed In the existing ne~gh~rhood. 6. Spot Apartments in Older Neighborhoods Some older neighborhoods have been opened up to apartment development and there are some unique parcels that are not suitable for further single family development. If higher density housing is to be allowed, then, it is the policy of this plan that existing single family will have a priority for preservation. For example: a. Apartments in the older neighborhoods in addition to complying with the concentration and separation policies of this plan should also have strict site design standards such 1) lmndscaped front yard, setbacks equivalent in site and character to the adjacent single family. 2) No parking in front yard of the complex. 3) Limited concentration on any one block (two per block as maximum guideline). AAA00Cgl - 47 - 4) 8~ds smi tsar yard solid screening fencee, Purpose and Intent The transportation system is the binding force that ties the land use pattern together. Land use intensity and distribution must be served by a planned transportation system. The major purpose of a long-range thoroughfare plan is to insure that today,s incremental decisions not only respond to today's needs, but also contribute towards the long-range Land Uss/Transportation balance for the City. The designation of a center to accommodate high intensity type developments in the future will require a commitment now with respect to major thoroughfares to serve that center. In designing the thoroughfare system adequate consideration must also be given to ensure that commercial and industrial traffic are routed through major thoroughfares and not allowed to flow through single family residential neigh~orhoods. It i8 the intent of this plan that Denton,s transportation system should react to the community,s plan and not have transportation be reactive to unplanned growth. AAA00c91 - 49 - Long Rango Thorough£aro The long range thoroughfare plan ie based on a a modified corridor concep~ with major intensity land uses in three urban centers generally following the Interstate 35 corridor and including the downtown center, The overall basic transportation policy is to provide adequate facilities to meet city wide mobility needs in the future. This includes auto, bike, scooter~ pedestrian~ and local and regional mass transit. The long-range thoroughfare plan is shown on the map on page 53. The long-range thoroughfare plan Is based on the rationale that larger thoroughfares with improved levels of service stimulate increased business activities which in turn generate more traffic. The major objective of the long-range thoroughfare plan therefore is to provide larger thoroughfare capacities (freeway, primary and secondary arterials) to serve the major and moderate activity centers and collector and residential streets to serve the low intensity areas with predominantly residential land uses. There are also cases in which a major thoroughfare is needed to connect major sections of the City. 3. Thoroughfare Classification a. Freeway The freeway classification includes the Interstate Highways and the Loop 388. AAAO0Cgl - 50 - It Is tho intent of this plan to keep the Loop 288 as oleos es possible to a freeway even though portions of the existing Loop are not in conformance with freeway specifications. b. Primary Arterial These streets transverse the City usually with a minimum of 120 feet right-of-ways. Landscaped boulevards and parkways are preferred, if economically feasible to construct and maintain. c. Secondary Arterial These streets connect major sections of the city and usually have a minimum right-of-way of S0 feet. d. Collector Streets These are specified in a separate map that is updated yearly by the Planning and Zoning Commission and modified as needed by subdivision review of detailed site plans. Collector street design includes consideration for all modes of individual transportation. The location and development of collector streets are subject to the following considerations~ 1) Collector streets usually have a minimum of 60 feet right-of-way. ,~U~Aoocgl - 51 - traffic to the prinary and secondary arterials. 3) Collector street (or larger) required for higher intensity land uses such as apartments, industrial areas, and commercial areas. 4) As intensity increases, the number of collectors streets increases. Collector streets should not be designed to incrementally link-up to serve as a primary or secondary arterial. Collectors may be offset at half-mile intervals. This procedure is the same as setting policy to change land use intensity. If such a land use intensity change is desirable, this plan should first be changed to so indicate the activity center prior to designating a new arterial on the thoroughfare plan. 4. Curb Cuts a. Loop 288 The long range plan is to have controlled access to the Loop. Therefore all new developments will not be allowed direct access to the Loop and will be required to have alternative access. Existing develop- ments which have direct access Will be reviewed with the objective of removing or AAA00Cgl - 52 - rse%igningcurb cute, be used so &s situation when there is no other feasibl· alternative. b. Primary and Secondary Arterials The primary and secondary arterials are intended to serve as major routes to carry high volume traffic. It is the policy of this plan therefore to strictly limit the number of driveway access to arterial streets. Greater emphasis should be given to on site circulation of traffic in all developments abutting primary and secondary arterials. 5. Thoroughfare Plan Notes a. General 1) All existing county roads which are not shown as primary and secondary arterials are to be designated ss collector streets. In the process of deveXopment, these are to be redesigned so that they do not incrementally link up to serve as arterials. However, future functional status of these roads may change therefore, 80 feet of right-of-way would be required of all development adjacent to improved county roads. AAA00C91 - 54 - If land use changes occur th&~ viii significantly increase the planned lntonsit¥~ then the thoroughfare plan will be modified to reflect the need for more thorouqhfaree. 3) The thoroughfare plan is based on the long range concept plan. Any significant variations of the concept plan will necessitate the updating of the thoroughfare plan. b. Specific (Refer to map on page 53) 1) Terlingua Street will only access onto the east bound lane of Loop 288. If the northern Texas Instruments tract develops with the same intensity as the southern tract then an interchange may be required. 2) Trinity Road will not connect to Lakeview Boulevard. 3) Corbin Road will not provide an access or exit to or from 1-35W. 4) Tom Cole Road will be re-routed because of the flood plain. $) Windsor Drive will only access onto the southbound lane on Loop 288 6) Nottingham Road is not to be continued to Loop 288. A~o0cgl - 55 - o. ~orth Carroll Boulevard ~xtens/on The vital functions of the downtown center demands that it has direct access and arterial linkage to the north west urban center. Carroll Boulevard am a primary north/south arterial, offers a potentially strong arterial linkage to Highway 77. It is the policy of this plan that Carroll Boulevard should be maintained and improved as a major north/south thoroughfare across the city. It is further recommended that a detailed traffic management study be conducted to identify and evaluate all possible alternatives and impacts prior to the implementation of this project. d. Bell Avenue It is recognized that there is a need for a major north/south thoroughfare in the east section of the City. However the increased flow of traffic through Bell Avenue is not in the best interest of the University community. I~ is recommended that a traffic management study be conducted to identify a new north/sou~h arterial in that part of the City. AAA00Cgl - 56 - important role in meeting the overall transportation needs of the City in the future, The mass transit policies of the plan are set out as follows. a. Give a high pr£orit¥ to a localized mess transit system which provides easy access to and from all activity areas in the city. The local system shall be designed and laid out so that it complements a regional mass transit system. An internal system showing possible local routes and stops is incorporated in the map on page 59. b. Lay the foundation for a regional mass transit system which will connect the City of Denton with Downtown Dallas, the Galleria area of Dallas, Dallas/Fort Worth Airport, Las Colinas, and the Fort Worth corridor c. The City shall consider preparing a layout plan which will identify specifio sites to he acquired for the implementation of a maes transit system. d. The mass transit system should be integrated with the layout for walking, biking and ~ogging. AAAOOC91 - 57 ?he plan recognizes the need to provide greater opportunities to promote and encourage walking and cycling as individual modes of transport. A policy recommendation of the plan is that priority be given to the preparation of a master plan for walking, biking and Jogging paths. The master plan shall include the following guidelines= a. Sidewalks on both sides of most streets except: 1) If it will not tie into the 20 year pedestrian plan. 2) In cases of unique subdivision design which provides for acreage lots, near pedestrian access. b. Pedestrian access to all public and community facilities including commercial sites and parks, particularly neighborhood parks. c. Inter-connected system of biking and jogging trails to link up with facilities in the parks. AAAOOc91 - 58 - ~ gconomlG Development Purpose and Intent The overall policy of the Denton Development Plan le to strengthen and diversify the urban economic base to create a wide range of employment opportunities and expand the tax bass of the city. This policy is intended to attract basic industries and to encourage existing basic industries to expand locally. All business establishments which produce goods or services at least 51% of which is directed to serve people outside the City of Denton are considered basic industries. The City may consider development incentives to attract new basic industries to locate in the city and to encourage existing basic industries to expand locally. The guidelines for determining the type of incentives and the specific businesses which may qualify are given in Section E.3 below. 2. Incentive Policies Development incentives may vary by size and type of establishment and its initial and potential capacity as a generator of employment and other economic gains. Priority may be given to basic industries which are generally clean and which will make a significant contribution to employment and city tax base. Incentives may include but not limited to: AAAOOC91 - 61 &. ~he City I&¥ give &eelet&noe vith the extension of utility services end streets to the proposed oite. Thle assistance may include the waiving or postponement of infrastructure development where this is possible. b. The City may waive the application o£ intensity policies es aa to accommodate the proposed development on a specific site. This waiver should not be interpreted to mean that site planning, urban design or neighborhood protection policies are to be compromised. 3. Guidelines for Considering Incentives The consideration of incentives shall include but not be limited to the following guidelines. Types of businesses that may be considered for special assistance must first meet all of the following criteria. a. All business listed in the Standard Industrial Classification (SIC) of the Department of Commerce, except for groups 52-59 under retail trade may be considered for incentives. b. In order to be considered basic, all businesses or industries must be able to show that at least 51% of their goods or services are directed to serve people outside the City of Denton. ~Aoocgl - 62 - o, Corporate office he&dquar~ers of & retailer, nanu~&cturer or distributor including regional distribution center may be considered for incentives. Speculative offices or warehouses will not qualify, d. When a business or industry meets the criteria listed in a, b, or c in this section then the City may instigate a public investment study to determine if the City may grant incentives. This public study will be based on the following= 1. A pre-set, written methodology. 2. A pre-set public investment study group comprised of appropriate City staff members and the Director of Economic Development for the Denton Chamber of Commerce. If the result of the public investment study shows a positive cost/benefit ratio, then the public investment study group will fo=ward the report to the Planning and Zoning Commission with a recommendation that the business or industry be considered for incent~vee if said incentives are requested by the business or industry. The Planning and Zoning Commission will act on the report only if the business or AAAO0cgl - 63 - industry requests Incentives, Plsnnin~snd Zoning's reco~end&tion viii be forwarded to the City Council for its review &nd decision, e. The Planning and Zoning Commission may make recommendations to the City Council on the specific nature and type of incentives to be given and the definition of businesses to be included or excluded from the incentive program. f. The economic development policies of this plan should not be used in any way to allow certain land use developments in the city simply because these are perceived to have positive economic benefits. F. Parks and Recreation 1. Purpose and Intent The plan recognizes the need to provide adequate parks and open spaces for the citizens of Denton for leisure activities and to enhance the quality of life. The general concepts and policies are intended to provide guidelines for related land use planning and preparation of a more detailed master plan for parks and recreation. AAAOOCgl 64 - Park Planning Policies and Guidelines a. Neighborhood Parks and Open Spaces Neighborhood parks and open spaces may vary in size from 5 to 10 acres and are intended primarily to serve a neighborhood within one half-mile radius of the park site. The general features, location and design criteria for neighborhood parks and open spaces should include but not be limited to the following examples. 1) The park should be in a central location within the neighborhood. 2) Emphasis is given to pedestrian access, including an interconnected system of sidewalks for the entire neighborhood. 3) On-site parking is prohibited and parking along adjacent streets is to be controlled. 4) Recreation and leisure activities should be provided to meet the needs of the neighborhood. League type activities are discouraged. Landscaped open spaces, facilities for picnics, walkways, Jogging paths, park benches, and playground equipment including slides and swing sets are to be made available. Facilities for neighborhood gatherings, including "book mobile" visits are encouraged. AAA00Cg! - 65 - $) The neighborhood parks should play an important role in eettin~ standards for community aesthetics° ~hair location, design and layout should enhance the quality and visual amenity of residential neighborhoods. Plantings, sculptured forms, ponds and fountains may be Used for ornamentation. Contouring surfaces, masonry and other techniques may be used to prOVide both eye appeal and utility. 6) Neighborhood parks and open spaces may include natural areas such as flood plains and lakes. 7) Civic organizations and neighborhood associations are to be encouraged to accept the responsibility for developing equipping and enhancing of neighborhood parks and open spaces. b. Community Parks A community park of 30 acres or more is Intended to serve several neighborhoods of one to two miles radius. The general features, location and design criteria for community parks should Include but are not to be limited to the following examples. 1) A central location within the service area. AAAO0c91 - 66 - Direo~ access to & collector or secondary major arterial. 3) Adequate on site parking. 4) Designed to accommodate biking and Jogging trails as part of a master plan for walking, biking and Jogging. 5) Provide leisure and recreation facilities to serve the community including but not limited to recreation center, swimming pool, athletic complex, hard surface play pad, game fields for tennis, football soccer and baseball, open space and natural areas for passive recreation and facilities for group events. c. Greenbelt/Linear Parks The policy of the plan is that maximum utilization of flood plain areas for parks and open spaces should be encouraged. The general concept is that there should be a continuous belt of open spaces and park land with adequate landscaping so as to provide facilities for organized games, picnics, ball fields, bike ways, hiking, Jogging, and pedestrian trails. Their general purpose and uses should include but not be limited to the following: AAA00Cgl - 67 - l) Provide natur&l corrldore to connect major section8 o£ the city vith continuous belts o£ park land, 2) Preserve natural vegetation and the topography. Provide a wide range of recreation and leisure facilities, including, open space for games and picnics, and biking, hiking and Jogging trails as part of the Parks and Recreation master plan. 4) The following locations are recommended= a) Areas along Pecan Creek east of Woodrow Lane to Lake Lewisville. b) Areas along Hickory Creek from the Municipal Airport to Lake Lewisville. c) Areas in the north and northeast along Mllam Creek and Clear Creek including adjacent areas to the Elm Fork Trinity River. d) Linear parks outside the flood plains interconnecting activity areas with park and open spaces along Carroll Boulevard. A~OOCgl - 68 - Areas along Fletcher Creek from bong Ridge to Mickor¥ Creek. d. School/Park Sites Neighborhood parks and greenbelt parks are to be integrated whenever possible with a school site, enabling the sharing of public facilities such as playground equipment, play areas, parking area, and open spaces. e. Acquisition of Land for Parks and Public Open Spaces Developers may be required to participate in the provision of park land to meet needs in accordance with the City of Denton Parks and Recreation Master Plan. In some cases this participation may require the payment of fees in lieu of land. The Parks and Recreation Master Plan should clearly identify potential sztes for park land, assisting a developer in determining the location and size of the site. 1. Purpose and Intent The plan recognizes the need to encourage and promote a high standard of urban design to improve and enhance the general image and AAA00cgl - 69 - character of the built snvirormant. ?he overall policlss ars lntsnded to provids & framework for preparing detail plans and ordlnancss for implementation in the short to medium ter~. General policies a. Protect and improve the design, image and character of residential neighborhoods. b. Develop and maintain a system of pedestrian movement which is convenient, safe and pleasant. c. Encourage the retention of e~lsting vegetation and discourage the removal of significant trees. d. Preserve the varied historical, architectural and cultural inheritance of the City of Denton. e. Encourage and promote development along the entrance ways that will enhance the City,s image. Refer to specific policies in Section D, Chapter 4. Specific policies a. All developments except single family shall be required to provide landscaping, appropriate b. Trees shall be preserved whenever possible. AAAOOcgl - 70 - Developments along entrance w&ye to the City shall conform to the following= 1) Strict compliance with the sign ordinance. 2) Provide attractive landscaped frontages. 3) Require minimal curb cuts with emphasis on the internal circulation of traffic on site. 1. Purpose and Intent Under current policies the financing of utility services, roads and other public facilities tend to follow real or perceived growth instead of responding to planned growth. The Land Use Committee recognizes that this policy contributes to continued growth towards the southeast. This could ultimately result in Denton being part of the northern suburbs of Dallas. The Committee felt strongly the current trend policy should be changed tO a policy that promotes balanced growth. Therefore, the balanced growth policy of this plan is: ,,When public funds or efforts are expended they are to be directed towards supporting planned growth. Planned growth is defined as growth AAA00CPl - 71 - that responds to the development policies and land use pattern in this document.. The intent of this policy is to promote an equitable distribution of development throughout the City. The promotion of balanced growth Includes all public support for development, both monetary and nonmonetary. Specifically, wIth respect to publio funds, this policy encompasses the total amount of development funds from all sources, which is budgeted, bonded and expended. Eq~itable distribution of development in all the planning areas should be interpreted as equal support for development and not dollar for dollar expenditures. As Some planning areas develop to capacity, then emphasis should be given to budgeting for maintenance. The five planning areas are defined in the map on page 8. The ma]or determinates of where growth locates are as follows: a. Utility Facility b. Roads c. Public Community Facilities AAA00C91 - 72 - d, social Political rectors - ~t is noted that this includes a wide tangs of activities from personel ettitudss to Chambsr of Commerce type activities, economic development, special promotions of development in a specific area, etc. It is recognized that in order to promote planned growth, it may be necessary in some cases to divert public funding for utilities, roads and other infrastructure to lead development in the slow growth areas such as the northwest. However, the intent of the balanced growth policy is that such activity be only part of a total program. Therefore, the following guidelines are provided to clarify this total program intent: - Implementation should be a coordinated program that includes all of the above growth determinates. This suggests that implementation of the four growth deter- minates should not be independently or arbitrarily applied. For example, just applying it only to roads, without consideration of the other three, would not be following the intent of this policy. In summary, the Land Use Planning Committee agreed that the city should "dare to try" the balanced growth concept and that emphasis should be given to creative implementation techniques based on what can be done as opposed to what cannot be done. AAA00C9! - 73 - 2. ~mplementation Examples The following examples are given to further clarify the intent of the balanced growth policy. The implementation guidelines should not be limited to the examples given. In some circumstances, a particular example may not be applicable. Emphasis should be given to work out creative implementation techniques to achieve the intent of the policy based on what is practical under specific circumstances. a. Roads and Utilities Implementation Alternatives 1) Bonding capacity should be reserved so as to promote balanced growth in all the planning areas. If any one planning area has Utilized more than its planned share of public funds in the future, then emphasis should be given to the other areas where development is lagging. 3) Incremental financing through revenue bonds may be used to install water and sewer lines in accordance with the city master utility plan at the time when a project is proposed. In this case, the actual cost of the facilities is paid through revenue bonds and all transfer and service charges are paid by the developer. AAA00c91 - 74 - 4) ~nother alternative is to sst up reserve contingency funds for each planning area, 5) The city could actually inst&n naJor roads and trunk lines for water and sewer in all areas of the city according to applicable master plan. This policy can be used to stimulate development to achieve city wide balanced growth. This policy could also be used selectively; i.e., the airport area and/or northwest Denton. b. Social-Political Program Examples The social-political roles which influence the location of growth within the city include the activities of the State Department of Highways and Public Transportation, the school district, the Chamber of commerce, the County and the City Council. The following are only examples of alternative strategies which may be used to implement the balanced growth policy: 1) The Planning and Zoning Commission and the City Council may promote spatial balance in land use developments through the zoning and subdivision process. AAA00Cgl 7 5 - 2) The school district and the Chamber of commerce may promote development at the city-wide level so as to realize an equitable distribution of development in all areas of the city. 3) Neighborhood associations and citizen groups may serve to shape the political influences by increasing public awareness and support for public facilities and growth in certain areas. 4) Economic development staff may promote growth in certain areas such as the northwest. 3. Related Policies The balanced growth policy is one of the major policies of the Denton Development Plan. The policy sets up a framework for encouraging an equitable distribution of development in all five planning areas of the City. The balanced growth policy does not discourage development in growth areas of the City. This policy is intended for all public infrastructures, both fiscal as well as non-fiscal activities such as city-wide community involvement programs. The following are some of the related policies of this document which are dependent on the successful implementation of the balanced growth concept. AAA00cg! - 76 - a. Compact growth policies are intended to reduce public cost by fully utilizing public infrastructures as planned. (See Section I, Chapter III.) b. Economic development policies are geared towards establishing a self sustained economic base. (See Section Chapter III.) c. Housing policies are intended to encourage diversified housing in all areas of the city. (See Section C, Chapter III.) d. Transportation policies are intended to reduce traffic congestion by encouraging a land use pattern which is related to the thoroughfare network. (See Section D, Chapter III.) e. The goal for a major urban center in the northwest and the original downtown is dependent on achieving balanced growth. (See Section B, Chapter II.) f. The Achievement of the intensity policies is dependent on balanced growth in city wide land use pattern. (See Section B, Chapter Developments occurring more than half a mile away from existing roads, water and sewer mains tend to incur higher public costs. The compact growth AAA00c91 77 - policy has been designed to incorporate future grouch and development within close proximity to existing public infrastructures and community facilities including police, fire and recreation. In this way the compact growth policy will serve to complement the balanced growth policy of this plan. The overall policy of the Denton Development Plan therefore is to encourage physical development within a half mile limit from the existing and proposed Loop 288 as shown on the Thoroughfare Plan. The half mile limit is defined by a line which is located generally half a mile outside Loop 288. The intent of the compact growth policy is to eliminate all public cost for development outside the half mile limit. The following policy examples have been designed to give an incentive to developers for development within the half mile limit. 1. Roads a. Within the half mile limit the developer may not be required to pay for off-site roads. The road is to be left as is until developed by the City or adjacent land owners. The implementation procedures for this policy will be set out in the Subdivision and Land Development Regulations. AAA00c91 78 - b. Outside the half mile limit the developer will be required to pay the actual cost in accordance with city specifications for providing or improving off-sits roads to serve the capacity generated by the development. The developer may be further required to post appropriate signs to be determined by the City on roads which are not scheduled for construction or improvement in ten to twenty years. 2. Utilities a. The city will provide basic trunk lines for water and sewer to serve all areas of the City as determined by the City Utility Master Plan. b. The developer shall pay the actual cost of extending water and sewer lines from existing trunk lines to serve their development in accordance with the City,s Utility Master Plan. c. For areas within the half mile limit, the City will participate in oversize costs depending on the availability of funds. The developer may also benefit from pro rata reimbursement for off-site lines when adjacent developments tie-on. d. For areas outside the half mile limit, the developer is encouraged to install utility AAA00c91 - 79 - lines In accoFdance vith the City Utility MasteF Plan. In this casa the developeF will be FeimbUFsed for the oveFsize coots on off-site lines aa and when developments tie-on. 3. Exemptions It is the intent of this policy that small scale low-density single family developments on acreage lots be exempted from the above requirements but these may be assessed improvement costs in the future. It is the policy of this Plan to emphasize the conservation of energy and natural resources in land use decision making. Detailed policies are to be developed to encourage the conservation of water, electricity and natural gas. It is also important to promote the conservation of good agricultural land, green belts and open spaces. AAA00C91 CHAPTER FOUR: SPECIFIC AREA POLICIES CHA~TBR ZV8 8~B~XffZO AItBA POLX~XBS Desionation of a S~ecific Area Specific area policies are intended to provide a framework to promote development in a designated area which requires special treatment in view o£ its current problems or its unique location and character. Specific areas may be designated by the City Council on the recommendation of the Planning and Zoning commission at any time over the plan period. In designating a specific area consideration shall be given to any of the following. 1. An area which has a demonstrated need for special protection, preservation or conserva- tion: includes but not limited to residential neighborhoods, historic landmarks, sites of valuable architectural heritage, sites related to the conservation of natural resources. 2. An area with a prominent location in the City which needs special treatment for urban design and beautification such aa entrance ways and the downtown area. 3. An area which has a special problem relating but not limited to traffic, noise, pollution, utilities. 4. An area which require special policies in order to accelerate its development in accordance with this plan. AAA00Cgl - 81 - Specific area designation shall not be applied ~n the follow~ng circumstancaa. a. To cover an individual property or group of properties so as to confer special benefits to the owners without substantial benefits to the City as a whole. b. TO violate the intensity area policies. c. TO conflict with any of the long or short term objectives and policies of the Denton Development Plan or other master plans of the City. B. The Municipal Airport Ar~ 1. Location The Municipal Airport Area is strategically located west of Interstate 35N and Interstate 35W and south of Jim Christal Road. The area is more clearly defined for the purposes of this plan by Jim Christal Road on the north, the 1-35N and 1-35W on the east, FM 2449 on the south and the proposed Loop 288 on the west side. The Federal Aviation Administration classifies the Denton Municipal Airport as a Transport Airport (larger than the Utility category). The airport is strategically located at the apex of the Interstate 35E and the $$W Corridors. Activity forecasts show that the total aircraft AAA00c91 - 82 - operations ere &nticipeted to increase from 96,~00 ~n ~98S to ~18,198 by the year 2005~. 2. Purpose and Intent The Denton Development Plan identifies the Municipal Airport area as a special purpose major activity center. The major activity centers in the Plan are intended to serve as nodes for major commercial activities, with no lim£t given to land use intensity standards. As a special purpose major activity center the Municipal Airport area is intended primarily to emphasize the establishment of an industrial economic base. Mixed use commercial and high density housing are encouraged in suitable areas in conformity with the land use compatib~lity guidelines set out in the Airport Master Plan 1986. 3. Specific Policies a. Thoroughfares The Plan considered the transportation needs of the Municipal Airport Area and identified the primary and secondary arterials for future development (see long range thoroughfare map). The Plan assigned the highest priority to the extension of Masch tSee Airport Master Plan and Environmental Assessment, May 1986, Charles, Willis and Associates. AAA00Cgl - 83 - Branch Road on the east side of the runway to connect Univereity Drive with the 1-35W. The other north/south primary ma~or arterial on the west side of the runway to connect Universzty Drive to F~ 2449 may be con- sidered for implementation after 1995 to coincide with the construction of the new 4,000 foot runway (see Airport Master Plan). Tom Cole Road may be rerouted as shown on the long range thoroughfare map because of the flood plain west of the airport. The precise location and engineering details are to be established at the time of construction. b. Land Use Development Around The Runway The policy of the plan is that industrial/commercial type land uses may be located to have frontages on the primary arterials and rear access to the runway through separate taxiways. The details relating, but not limited to site planning, outdoor lighting, building height, etc., shall be in conformity With the Denton Municipal Airport Zoning Regulations. c. Compatible Land Use Development Single family residential developments shall not be allowed in the lmmediate vicinity of AAA00c91 - 84 - c~8 - ~6~00~ to uotsuedxe eanqn~ eq~ 203 pealnbea spuel spue~ ~o uol~lstnbo~ 'P "suolleln~e~ ~uluoz ~aod~t~ ledlolun~ uolueo eql qll~ tllm~oluoo uT e~e teq3 upi 6~ eq3 epls3no pedole~ep eq ~ea 'o~e -llln~ ol Pell~ll lou ~nq ~bulpnlout sesn u$£ lq pepunoq eea~ Ue uI 'leAuna eql The, Downtown Area The Downtown area has been identified as the central urban center and one of four major activity centers, (Described in Section C, Chapter 4 of this Plan,) The area Is delineated and shown on the City of Denton zoning district map as the Central Business District (CB), The Downtown center could lose its vibrancy and relative attractiveness as new commercial/retail centers develop in other locations. The policy of this Plan therefore is to promote redevelopment and revitalization of the downtown center to retain and expand the tax base. As part of this policy the City should continue to support public expenditures in an effort to upgrade and preserve the downtown center. It is recommended that a detailed study be done to explore further planning efforts and possible development incentives to encourage and promote the growth of a vibrant mixed use center downtown. The following policies are intended to guide land use decision making and serve as guidelines for the performance of a Downtown Master Plan. 1. The City will be responsible depending on the availability of funds, for the upgrading of public infrastructures including streets, water and sewer lines to meet the needs of redevelopment and expansion of existing uses. AAA00C91 8 7 - Promote ths expansion and redevelopment of existing buildings for mixed uses including retail, offices and high density housing. 3. Encourage and support the active participation of the Central Business District Association in land use decision making and plan formulation for the Downtown center, 4. Promote and expand facilities for off-street parking. 5. Encourage and provide facilities to increase pedestrianization in the Downtown center. Preserve the historic character by retaining the existing building facades. D. Major Entrance Way~ The major entrance ways are those freeways and primary arterials predominantly used by incoming traffic into the City of Denton, 1-35 North, 1-35 West, 1-35 East, U.S. Highway 77 (Old Sanger Road), FM 2164 (Locust Drive), FM 428 (Sherman Drive), Loop 288, FM 2181 (Teasley Lane), Dallas Drive (U.S. Highway 77), Bonnie Brae Street, U.S. Highway 377 (Fort Worth Drive), FM 1830 (Country Club Road), Mayhill Road, Oak Street, and Hickory Street. Developments along major entrance ways present the first impressions of the City to the public eye. The policy of this Plan therefore is to encourage AAA00C91 - 88 and promote good urban design to enhsnoe the aesthetio quality and v~sua~ amenities along entrance ways. ?he following spsoifio guidelines are required, 1. Development proposals should be reviewed to ensure adequate compliance with standards and requirements including but not limited to: a. Front yard setbacks b. Building coverage c. Landscaping d. Signage e. Curb cuts f. Off-street parking g. Design and construction of facade h. Pedestrian access 2. Promote integrated site design and layout which considers adjacent tracts of land with emphasis given to internal circulation as opposed to continuous strip development. E. Teasley Lane/FM 2181/Lllllan Miller/Hobson Lane/ 1-35E Given the prominence of the South East Planning Area and the thoroughfare network in that sector there are likely to be pressures to locate high to moderate intensity land uses along Teasley Lane, PM 2181, Lillian Miller Parkway, Hobson Lane, 1-35E, and between Loop 2S8 and Lillian Miller. These pressures ars likely to increase as PM 2181 is developed as a primary arterial and extended further AAA00C91 - 89 - south to ultin&tel¥ connect with the OFW Ai~por~ (See County Transportation Plan). The policy of this Plan therefore ia to restrict the further intrusion of high and moderate intensity land uses in this area, Limited neighborhood services and high density housing consistent with the standards for a low intensity area, are not prohibited. The following specific guidelines are required. 1. The neighborhood density/intensity standards should be closely monitored and vigorously implemented. 2. Restrict curb cuts to Teasley Lane, FM 2181, Lillian Miller, and Hobson Lane. 3. Residential subdivisions should be generally designed so houses do not face onto major thoroughfares. These should access onto local and collector streets. 4. Through traffic to and from the DFW Airport along FM 2181 shouXd be discouraged on that portion north of the proposed Loop 288. The intent is to protect the single family neighborhoods in the southeast area. For example, the creation of a moderate node at FM 2181 and the Loop 288 without offsetting FM 2499 will be in direct conflict with this policy. F. Carroll Boulevard Carroll Boulevard is a primary major arterial AAA00c91 - 90 - providing for the nor~h/sou~h ~ovemen~ of trsffio throug~ the Oowntov~ aree, ~he policy o8 this Pl&n therefore 18 to restrict further strip commercial/retail developments along Carroll Boulevard. The following specific policy guidelines are recommended. Duplexes and small scale multi-family and office developments shall be encouraged in selected nodes subject to the following conditions. 1. Site design to protect adjacent single family housing requiring screening fences, large setbacks, landscaping and sign control. 2. Restrict further curb cuts to minimize the disruption of through traffic on Carroll. Site design and layout should ensure off-street parking and on-site circulation of traffic. 3. Participation from residents shall be encouraged in the platting and zoning process. G. Land Use Borderina University of North Texas Over the years there have been increased pressures from commercial and multi-family developments to locate in areas around the University of North Texas. Resulting in higher intensity type land uses located in traditional single family neighborhoods. The specific policies of the Denton Development Plan are as follows: AAA00C91 91 - I. In the future development of these areas consideration may be given to the university,s master plan, insofar aa these ars consistent with the objectives and policies of the Denton Development Plan. 2. Strict site plan review shall be undertaken to ensure that land use changes take place in harmony with and offer adequate protection to existing neighborhoods. 3. Neighborhood participation shall be encouraged in the land use decision making process. H. East Denton This close-in older neighborhood offers many advantages for residential development, as evidenced by the recent and continuing concentrated public expenditures in the area from Capital Improvements Program and Community Development Block Grant funds. The following specific policies are recommended for the area: 1. The policy to protect older neighborhoods is given special emphasis in this area. 2. Industrial development adjacent to this neighborhood to the south and east is to be monitored closely. Specifically, industrial development will be limited to the area east of Woodrow Lane. AAA00Cgl - 92 - Z. Development ~ea~ the Pe~&n ~ree~ ~a~tev&ter Additional residential development will not be zoned within 2,500 feet of the Waetewater Treatment Plant. Residential development will be generally restricted between 2,500 feet and 4,000 feet from the Plant. The area within 2,500 feet of the Wastewater Treatment Plant will be utilized for industrial purposes, preferably industries that could utilize the effluent from the Plant as cooling water or other processes requiring lower quality water. J. North Locust/Elm Street The area between north Locust and Elm Streets from Congress Street north to University Drive contains traditional single family housing worthy of preservation. The policy of this Plan therefore is to promote the preservation of the architectural character of this neighborhood. K. 0ak-HickorY Historic District The Oak-Hickory Historic District includes all of the area on the north side of Oak Street from 610 W. Oak, west to the intersection of Oak and Fulton Streets; the south side of Oak Street from 609 W. Oak to the intersection of West Oak and Welch Streets; north side of Hickory Street from the intersection of Hickory and Welch to the intersection of Hickory and Williams Streets; the east side of Denton Street from the intersection of Denton and Oak Streets to the intersection of Denton and Pearl Streete~ the south side of Pearl Street AAAOOCgl - 93 - Denton Streetl, The overall po1~c¥ of this Plan ~e to support ~he preservation of the d~stinct~ve erch~teotural end cultural heritage existing in this area. The architectural standards and policies regarding existing and proposed developments in the Historic Preservation Plan of the City are to be strongly enforced. L. ~. The lO0 year Floc~ Plain. The 100 year flood plain is the area which will be Inundated by a storm water event that has a 1% chance of occurring in a year. In Jurisdictions that participate in the federally subsidized flood insurance program, of which Denton County and the City of Denton are numbered, strict regulatory controls of development within the 100 year flood plain are mandated by federal law to mitigate against loss from floods. Federal agencies provide participating Jurisdictions maps of and data about the 100 year plain. An excerpt of such a map is Figure VIII. The scientific study explaining the envirormental sensitivity of and appropriate requlatory framework for flood plains Is well established and long standing. A few examples of this are included in the Greenbelt Resource Book available in the Planning and Development Department. The flood plain also holds the community,s most important recreational opportunities. Most of the park and recreational areas of the community could be located within or contiguous to the flood plain. AAA00C91 94 - More and more the real estate market is takinq into account the valuable amenities and resources within the flood plain. Maintenance and enhancement of natural processes in the flood plains is a least cost solution to mitigating storm water runoff pollution and protecting the community from flood losses. GREENBELT GOALS. OBJECTIVES AND POLICIES GOAL/OBJECTIVE IV. L. Much of the 100 year flood plain ought to be used as greenbelts because~ 1) Flood plains are the most hazardous place to develop; 2) Many natural features withxn flood plains, such as wetlands and hardwood forests, help purify storm water runoff, and mitigate against sedimentation and soil erosion; Natural flood plains are important wildlife habitats; 4) Flood plains are our greatest recreational and open space resource; 5) Most of our present and future water supplies will be transported within and captured within the flood plain and the water bodies inside the flood plain; 6) Floodplains in a natural state provide the most cost effective method of discharging flood waters and mitigating against flood damage. AAAOOCgl - 95 - Accomplishing this goal will require t~e use and balanoingof ~egulatory prohibitions, publio incentives, public acquisition and use of some of ~his reeou~c®, private ownership of most of this resource, and continued ~ecognition by real estate market forces of the amenity value and the dangers inherent in the flood plain resource. IV. L. 1. See Chapter II, Section Fo Parks and Recreation, C. Greenbelt/Linear Parks IV. L. 2. The city's regional, com~unit¥, and large n~ ~hborhood park system should tie into a gx enbelt park and recreation system in and along flood plains. Emphasis should be placed on park land acquisition within and/or contiguous to the flood plain. IV. L. 3. While other uses will be permitted, a particularly appropriate use of the flood plain is as a greenbelt. Greenbelt uses include passive and active recreation~ conservation, non-development of the most environmentally sensitive and flood hazardous areas~ pedestrian, equestrian and bike ways~ agricultural uses~ wildlife habitat~ drainage ways~ and as buffers between different land uses. The most appropriate use should be determined based on detailed analysis of the environmental value of a particular flood plain and the impact of a particular uss. IV. L. 4. Building construction and filling of unchannelized floodways must be strictly regulated and may be prohibited by regulations. AAA00CPl ' 96 - Building construction and filling of the area between the floodway and the limits of flood plain (the flood plain fringe) will be allowed where environmental degradation is slight, the existing character of the particular flood plain is maintained, or a natural character is enhanced. IV. L. 6. Use of the flood plain fringe as greenbelt is a co~munity goal for which financial and regulatory incentives are available, and for which other incentives should be developed. IV. L. 7 Major channelization of floodways should be prohibited except where no other reasonable means of floodwater conveyance is available or where it is needed to provide mitigation for existing flooding and water quality improvement. IV. L. 8 Retain in their natural state those wetlands having value for water retention, storm water pollution mitigation, wildlife habitat and open space/recreational opportunities. IV. L. 9 Improvements or modifications to the floodway must be coordinated with master plans for storm water management, utilities and parks. Any variations from those master plans must be supported by appropriate analyses and submitted to the City for review and comment. IV. h. 10. AS a means to reduce flooding by increasing times of concentration of flood waters, to AAA00Cgl - 97 - mitigate rater Pollution, end to control erosion, the moat desirable drainage design approach is to allow low velocity sheet flow of urban runoff across vegetated greenbelte prior to the runoff reaching the stream channel. IV. L. 11. The greenbelt concepts and POlicies stated above should be part of considerations about developing "best management Practices# required to meet storm water pollution abatement only designed to implement the Clean Water Act. Definitions: ~9~L~. The area designated as subject to flooding from the base flood (100-year flood) on the Flood Insurance Rate Map. The flood plain includes the floodway. ~. A river, channel, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. See Figure 8 - Example of Federal Emergency Management Agency Maps. AAAOOCP! 98 - EXA.14PLB. OF F / LEGEND z.su~.c~ ~T~ ,, ~ Z~IX A~u of S~e~ fl~. ~eet ef ZONE V Co~ flo~ ~ ~ huMd (~ FLOODWAY AREAS~N ZONE AE ONE Al ZONE j : 6~Z' ~M 30 NATIONAL FLOOD INSURANCE PROGRAM ~ .... R~ 2~ zo~ ,I ~ ~ ,~, FIRM FLOOD INSURANCE RATE MAP ' CITY OF DENTON, TEXAS 99 DE~TO~ CHAPTER FIVE: IMPLEMENTATION POLICIES AND GUIDELINES ,A, plan Zmulementation An official City plan is only aa good as its implementation processes. The following policies are intended to promote the positive and consistent implementation of the Denton Development Plan as the official development policies of the City of Denton. 1. Citizen participation The plan recognizes the need for providing on-going neighborhood improvement as well as input of all citizens into land use decisions made by the various city departments, boards, and the City Council. In addition to the formal city-wide study committees, it is also recognized that continuing local neighborhood self-help associations are important for the continued maintenance of viable neighborhoods. However, individual neighborhood problems are often intertwined with adjacent neighborhoods and the city as a whole. Diverse sections of the community need to share in common facilities and mutual problems. To consider City-wide issues while addressing immediate local neighborhood needs, the following process ia recommended for organizing neighborhood associations: a. Neighborhoods define themselves and establish neighborhood associations; AAAOOCgl - 100 - b. Neighborhoods cluster thelselvel into com~unities and establish aesooi&tions made up of representatives of the neighborhood groups. on a continuing basis, these associations could address issues relating but not limited to the following~ 1) Protection and maintenance of individua 1 and conununity property 2) Crime and fire prevention 3) Assess needs for and plan for basic life-support services within or adJacen t to each neighborhood or community unit (i.e. food, health, facilities schools, child care centers, housing diversity and density, etc.) 4) Assess needs for recreational, Open space, agricultural, and park facilities 5) Establish cooperative methods of conserving energ~ such as garden or food co-ops, car or van pooling, talent pools, etc. Assess multi-mode transportation needs and facilities These neighborhood associations would provide a catalyst for neighborhood improvements, a means for ensuring dialogue AAA00C91 - 101 - betveen neighborhoods and City decllion makers, and a source for selection of future City cross-sectional study committees. 2. Public Education The Policy of the Denton Development Plan is to encourage citizens inputs into the land use decision making process. It is recommended therefore that future support for on-going studies and education of the public is reflected in budget and policy decisions of the City Council. 3. Implementation a. 2010 General rip Schedule The 2010 general development program will be created as the priority supporting policy guide to this plan. This program will incorporate the phasing of land uss developments and scheduling of public infrastructures and community services and facilities in accordance with the goals, objectives, and policies of this plan. The program is to be prepared on the basis of the land use plan and the need to promote an equitable distribution of development in all areas of the City. It will set out the needs for water, sewer, streets, sidewalks, curb, drainage, transportation, parks, recreational open space, educational, fire, police, library, and other community services and facilities for which the City AAA00Cgl - 102 - maintenance and operetion. ?he implesen, ration schedule viii serve to define and identify planned needs for the City as a whole. It will provide the basis for identifying community needs for the short term CIP program. In other words, the definition of needs for pro~ect implementation will be based on the plan as opposed to traffic congestion and utility overloads. The 2010 general development program is to be forwarded to the City Council for adoption and updated with the Denton Development plan every five years. b. Intensity Appendix A to the Denton Development Plan will incorporate a standard methodology for intensity analysis and the boundaries of the intensity areas. This appendix is to be developed by committee comprised of representatives a of the five planning areas, the Planning and Zoning Commission, and the Land Use Planning Committee. Appendix A will be approved and updated by the Planning and Zoning Commission and the City Council in accordance with the update procedures set out in the Denton ~. The Executive Director for Planning and development shall be responsible for preparing and updating the intensity calculations for each of the moderate and AAA00c91 - 103 - low intensity areas in accordancs vith the standard methodology and boundaries contained in Appendix A. c. Integratsd Decision Making It is intended that the City Council, the Planning and Zoning Commission, Advisory Boards, City staff and the citizens of Denton will incorporate the policies of this plan in the decision making processes including the capital improvement program, budget formulation, zoning and land subdivision, and parks and utility planning. d. Consistent Administration It is also intended that decision makers, C~ty staff, private development interests, citizens and public interest groups will work towards the consistent, equitable and coordinated application and administration of the policies of this plan. e. Updating Codes The City will continue to monitor, improve, and update the policies of this plan and the codes and ordinances which support its implementation. Adequate consideration shall be given to preserve a positive climate for investment and securing real property values balanced with the public interest for the City as a whole. The following guidelines are recommended= AAA00C91 104 - Major chengem wh~oh effs~ ~hs ex,sting subject to a grandfather clause allowing property owners a reasonable time to carry out development In accordance with existing policies. Major changes in the context of this policy shall not include supportive codes end ordinances which may set new and &dditional requirements For a specific type of development or for s specific local area, e.g. tree preservation and landscaping requirements would not materially affect existing use rights. Therefore, these shall not be considered major changes. 2) Major policies, codes and ordinances in this plan should be allowed to gain experience before any attempt is made to change them substantially. The requirements for off-site infrastructure coats is an example of a major policy. Too many and too frequent changes in major policies may affect the confidence of property owners and investors. Less changes conversely could provide for greater stability, confidence, and credibility which will serve as a booster to the local economic development effort. AAA00C9! - 105 - Update Dal~y Along #lth Related Decisions (Zoning~ Subdivisions, etc.) Staff Summary Reports The staff report on all City Council/Planning and Zoning Commission dsclsion items shall clearly =elate alternative decisions with impact on appropriate policies in the plan. a. If a decision indicates a corresponding policy change is required in the plan, then= 1) The staff is required to draft a modified policy change and present it to the quarterly study session of the scheduled Planning and Zoning Com~ission. 2) The City Council will make final review of a potential policy change and incorporate said change in the plan. b. Any Planning and Zoning Commissioner or City Council Member may present a proposed policy change whether or not a pending or recent Land Use decision has been made. The proposed change is forwarded to the Planning and Zoning Commission for its review and recommendation to the City Council. AAA00C91 106 - Yearly Policy Re-Adoption a. In July the entire plan le placed on the Planning and Zoning Commission Agenda for recommended minor modification or re-adoption. After study, the Planning and Zoning Commission is required to forward a recommendation to the City Council at its second meeting in October. b. The City Council will accept the Planning and Zoning Commission recommendation or modify the policies end adopt the plan as a policy document for the upcoming year. 3. General Policy for Major Update This plan is to be updated approximately every five to ten years. a. Update dependent upon: 1) Population Growth 2) Extent of amendments during preceding years (more amendments--more need for general update) b. The process for updating the plan will be determined during its annual evaluation. AAA00cg! - 107 - J.\w~docs\res\offduty.ree RESO .UTION Mo. A RESOLUTION ADOPTING POLICY NO. 107.05 "OFF DUTY INJURY OR ILLNESS"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Director of the Human Resources Department for the city of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Manager recommends adoption of the policy and 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; S_~ That the following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the city of Denton, Texas; 107.05 Off Duty Injury or Illness S_~ That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the city Secretary. ~ That this resolution shall become effective immediately upon its passage and appr~l. PASSED AND APPROVED this the / ay 1994. BOB'CASTLEBERRY, MA~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~~~ CITY OF DENTON PAGE 1 OF 8 )CEDURE~ADM!NIETRATIVE DIRECTIVE REFERENCE NUMBER SECTION PERSONNEL/EMPLOYEE RELATIONS 107 05 EFFECTIVE DATE SUBJECT EMPLOYEE BENEFITS AND SERVICES REPLACES TITLE OFF DUTY INJURY OR ILLNESS POLICY The abLlity of the City to provLde timely and adequate salary continuation and benefit programs to assist C~ty employees absent from the job due to an anjury or illness Ls dependent upon the City's abilaty to coordinate its handlang of each lndavidual case This policy seeks to create a coordination and uniformity of the handlang of all City employee dasability or lnjury cases. It is expected that employees will assist and cooperate with the City an obtaining recommended medical treatments or therapy and rehabLlitative services in order to return to work at the earlaest possible date Th~s polacy applaes to all regular full-tame and regular part-time employees who have completed the six month probationary period On-the-3ob ~njury or Lllness is addressed · n the "Occupational Injury Pollcy" (409 1) with the exception of "busaness necessity terminatLon" (sectaon III of this policy) Civil Servace employees will be governed by the provisions outlined in Chapter 143 of the Texas Local Government Code unless chapter 143 does not address the disability issue, in which event the prov~saons of thas policy will apply A E se ti f nc · n The major dutLes essential to a posltLon (wLth or w~thoutreasonable acco~odation) These are determined by the job description of each position The followLng should be considered ~n determaning af a Job function is essential i The position exists, an part, to perform the functLon 2 There are a l~mited number of other employees available to perform the function, or among whom the function can be d~stributed 3~ A function as highly specLalized, and the person in the positlon is hired for specaal expertise or ability to perform at B Reasonable Accommodation - A modification of the work envaronment or work process that enables a person with a disability to perform the essential functions of a job and assocLated regulations The determlnatlon of what accommodations are reasonable shall be the determ~natLon of the City, but will be in compliance with the provisaons of the Americans With DlsabalatLes Act of 1990 (ADA) The determanat~on of reasonable accommodatLon will consider whether an undue hardship will be posed on the operations of the department or divaslon, or Lf a direct threat to the health or safety of the employee or others will be posed C ~ - defined by the ADA as an actLon that is excessively costly, extensive, substantial, or disrupt~ve, or that would fundamentally alter the nature or operation of the business PAGE 2 OF. 8 POLICY/~DM!NISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Contanued) OFF DUTY INJURY OR ILLNESS POLICY 107 05 D ~ - a health or safety risk that, based on valid medical and/or other objective evidence is determaned to pose a slgnaficant risk of substantial harm, and which cannot be reduced to an acceptable level with reasonable accommodation E ~ - under the ADA, an individual with a disability ~s a person who has. a physical or mental impairment that substantially limats one or more major life activities, a record of such an impairment, or is regarded as having such an impairment. F Illness, Injury, or Medical Conditaon - A temporary physical or mental impairment that does not substantlally limit one or more of the major life activities of an individual G Business Necessity Termination - Occurs when a department's or d~visaon's productivity or ability to delayer services is adversely affected because an employee is unable to perform the essential functaons of the positaon for which that employee is hired, and no reasonable accommodation can be made H ~ - Any restriction placed on an employee by a treating physician which requires an employee to do less than his or her full ]ob Modifled duty will not extend beyond 120 days II ADMINISTRATIVE PROCEDUNEE A When an employee is unable to perform the essential functions of his or her position due to a disability, injury, illness, or medical condition (and reasonable accommodation is not possible), the City may separate the employee due to business necessity and fill the position except as ks required by the Family and Medical Leave Act B Eligibility for benefits as defined in this procedure is dependent upon the complete compliance of the employee with the responslbllltaes outlined In this p=ocedure and the requirements and procedures stated in the employee benefat booklets or appropriate benefit policies C An employee who experiences an off-the-]ob ln]ury or illness that renders the employee incapable of performing his or her regularly assigned duties shall use his Or her accrued sack, vacation, and compensatory leave balances The employee may use his or her available leave balances until the earlier of 1. the date that the employee has exhausted all such leave balances (if exhausted, refer to "Personal Leave Without Pay Polacy" (111 08) or the Family and Medical Leave Policy {107 04)), or 2 the date that the employee is able to return to work and perform the essential functions of his or her position D Benefits will be calculated as listed below 1 Employees who are absent from work due to an injury or illness shall continue to accrue vacation and sick leave for as long as they are receiving paid leave (i e sack, vacation, or compensatory time) APP0028A PAGE 3 OF 8 POLICY/ADM~NIBTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) O~F DUTY INJURY OR ILLNESS POLICY 107 05 2 Benefit accrual and usage would follow the provasaons of the Famaly and Medical Leave policy (107 04) 3 An employee shall not be elagable to receive tuation reambursement unless it is for an approved course which was already an progress at the tame the employee became unable to perform has or her lob dutaes and the course has been successfully completed and documented as required by the "Tuataon Reimbursement Polacy" (107 09) 4 The employee and eligible dependents wall remain qualafled for health benefits coverage through the City's group plan as long as the premiums for the employee and dependent coverage under the City plan are paad on a timely basis by the employee (either through payroll deductaon or personal payment) 5 The Caty wall continue to pay ars portaon of health ansurance premaums for the employee as provided by the Famaly and Medacal Leave Act of 1993 and the Family and Medical Leave polacy (107 04) 6 Regular full-tame and regular part-tame employees who work at least twenty (20) hours per week and who are not able to work for an extended peraod of tame may be elagible for long term disabalaty benefats The employee as responsable for contacting the Human Resources Darector wathan sixty {60) calendar days after the date of the dasabalaty to dascuss elagibalaty qualafications III BUSINESS NECESSITY TERMINATION A An employee's positaon may be filled and the employee may be termanated due to business necessity under the following condataons and guadelines Thas section applies to both on-the-lob and off-the-lob anjuraes or allnesses 1 The employee has been unable to perform the essentaal functions of has or her job with or wathout reasonable accommodataon for a peraod of sax (6) consecutave months from the beganning date of the dasabality, illness, an]ury or medacal condition 2 The employee's treating physacaan does not antacipate any change an status that will allow the employee to perform the essentaal functaons of has or her 3ob for an additaonal tharty (30) days B Supervisors shall obtaan approval from the Darector of Human Resources praor to initiating a business necessary terminataon The Rask Manager shall also be consulted if the employee's an3ury occurred on-the-lob The followang shall be taken into consideratlon durang the decasaon making process APP0028A PAGE 4 OF 8 POLICY/~nMTNISTR~TIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFERENCE ~UHSER QFF DUTY INJURY OR ILLNESS POLICY 107.05 i A doctor's prognosis indicating the employee will not be able to perfoL.. his or her regular duties or modified duties if available In the case of an employee with a disability, termination would not be considered unless no reasonable accommodation (which would not cause undue hardship on the organization or pose a direct threat to the health or safety of the employee or others) exists that would enable the employee to perform the essential functions of his or her position, and no ]ob reassignment available (See Section VII of this policy entitled "Job Reasslgnment" ) 2 The employee's refusal to follow a prescribed course of treatment 3 The employee's refusal of placement in a position for which the employee is qualified 4 The employee's refusal of a modified duty assignment for an on-the-job injury 5 The employee's non-compliance with established safety rules and regulations and/or city work rules and regulations 6 The failure of the employee to present satisfactory evidence of his or her inability to return to work, either in a limited duty capacity if such work is available, or to regular duty according to the timetable established in this procedure or upon request by the city 7 Falsifications or misrepresentations made by the employee concerning his or her physical condition or capacity 8 The failure or refusal of the employee to return to regular duty on the day specified by the treating physician 9 The employee's failure to contact his or her immediate supervisor on a regular basis (as directed by his or her supervisor) and notify him or her of his or her condition and expected return to work date If the employee is unable to make contact personally, (s)he shall have someone contact his or her supervisor on his or her behalf 10 The employee's failure to provide the requested progress reports from the treating physician 11 For an on-the-job injury, if the employee is found to be participating in any activity, including outside employment or self-employment, that impedes the employee's progress of recovery 12 For an on-the-job injury, if the employee fails to report to his or her supervisor his or her participation in any other employment, including self- employment C If after reviewing these factors, the supervisor determines a proposal for termination for business necessity is appropriate, the supervisor (in cooperation with the Human Resources Department) must propose this action in writing to the employee An employee who receives a proposed termination for business necessity shall be afforded the same response and appeal rights as any APP0028A PAGE 5 OF 8 POLICY/ADMINISTI~%TIVE PROCEDURE~ADMINISTRATIVE DIRECTIVE (Continued) TITLE REFEREMCE NUMBER OFF DUTY INJURY OR ILLNESS POLICY 107 05 other employee who receives a proposed dismissal under the City's "Dascipllnary Action Policy" (109 01) However, separation for busaness necessity shall not be considered a dasciplinary actaon and shall not operate to deny an employee the use of any accrued benefits as outlaned an appropriate policaes An opportunity to appeal will also be afforded to the employee an accordance with the "Appeal Policy" (109 03) IV SUPERVISOR RESPONSIBILITIES FOR DISABILITY, INJURY, ILLNESS, OR MEDICAL CONDITIONz A Wathin seven (7) days of the date the employee's dasabalaty, anjury, illness, or medical conditaon begins, the supervasor must notafy the employee in wrating of his or her oblkgataon to contact the supervasor on a regular basis (The recommended reporting time as once a week, but the supervasor can elect to change this reporting tame to more frequently or less frequently after consultang wath the Human Resources Department) Each supervasor shall establish procedures for this reporting requirement, anform the disabled, an3ured, or ill employee of the procedures, and notary the employee that faalure to follow these procedures could result in dlsciplanary action B Each supervasor shall notify the disabled, all or an3ured employee an wratang of has or her obligation to provade a monthly progress report from his or her attending physacian regarding his or her medacal condition and rehabilatataon options as they relate to his or her abalaty to return to full duty Thas report shall include 1 Daagnosis 2 Description of treatment 3 Will the employee be able to return to full duty with no restrictaons? If so, when? 4 Is rehabilatataon an optaon now? In the future~ If so, descrabe If not, why not? 5 Are any accommodations necessary for the employee to return to full duty~ If so, descrabe. C Upon exhaustion of paid sick and/or vacataon time, the supervasor shall submat an "Employee Status Form" to notify Human Resources to stop benefat accrual V EMPLOYEE RESPONSIBILITIES FOR DISABILITY, INJURY, ILLNESS~ OR MEDICAL CONDITION A Employees who are disabled, all, Injured, or have a medical condataon are required to notary thear imraedaate or desagnated supervasor ammedaately af they are going to be absent from work B The employee wall provade a monthly progress report from has or her treating physician as indacated in Section IV B of thas polacy C The employee must contact his or her supervisor as establashed in Section IV A of this policy untal he or she returns to work or the end of the sax (6) months peraod an which the employee as unable to perform the essentaal functaons of has or her posation If the employee as unable to make contact personally, he or she shall have someone contact has or her supervisor on has or her behalf The Caty must be aware of the employee's status an order to plan and assign work duties and respons~bal~taes in an effacaent manner APP0028A PAGE 6 OF 8 POLiCY/~n~?NISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE IREFERENCE NUNSER O~F DUTY INJURY OR ILLNESS POLICY 107 05 D An employee who faals to contact has or her supervisor each week or provade the monthly prognosis report in accordance wath thas polacy shall be subject to disciplinary actaon in accordance wath the "Dascaplinary Action Polacy" {109 01) VI RETURN FO WORK FOR FULL DUTY A The followang reporting requarements apply when an employee returns to work from an off-the-job disability, illness, injury, or medical condition I An employee returnang to duty after beang unable to work for ten (10) or more working days due to a disability, illness, injury, or medical condition must provide a written release to the supervisor from the attendang physician indacating the employee's fatness to return to full duty The supervisor must then forward the release to the Director of Human Resources 2 In the case of an employee who returns to work from a dasabilaty, allness, injury, or medical condition in less than ten (10) working days, the employee ~s not automatically requared to furnash a doctor's release to has or her supervisor The supervisor, at has or her discretaon, may require the employee to furnish a release from the attendang phys~cian if he or she feels the employee's disabilaty, injury, allness, or medical condition may not permat the employee to safely perform the job When the supervasor requires such a release from the attendang physacian, the employee must take his or her release to the supervasor who must then forward at to the Director of Human Resources B The caty reserves the right to requare an andependent physacal or mental assessment, at the City's expense, upon the return to work of an employee from a ~isabllity, illness, injury, or medacal condataon to determane whether the employee is able to perform the essentaal functaons of the job C UpOn return from leave within the sax (6) months after the begannang date of a dasability, illness, anJury, or medical condataon, an employee who exercases any right provided under this sectaon, af able to perform the essential functions of the positaon wath or without reasonable accommodataon, shall 1 return to the position held by the employee when the leave commenced, 2 be placed in an equivalent position wath equavalent benefits, pay and other terms and condations of employment, af the employee returns to work prior to the completion of 12 weeks an a 12 month period, an accordance with the Family and Medical Leave Polacy (107 04), or 3 be placed in a vacant posataon for which he or she is qualafied to perform VII JOB RE SS G T A Job reassignment will be provaded as follows when an employee as unable to return to has or her current positaon due to a dasabalaty, allness, an3ury, or medical conditaon APP0028A PAGE 7 OF 8 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (continued) I J REFERENCE NUMBER [ TITLE OFF DUTY INJURY OR ILLNESS POLICY 107 05 1 If a position for which the employee is qualified and physically able to do is vacant, the employee may be considered for transfer to a ]ob reassignment Job reassignment will only be considered within the six (6) month period from the date of d~sablllty, ~llness, injury, or medical condition 2 It will be the employee's responsibility to contact the Human Resources Director to ~dentlfy posltlons for which he or she may be quallfled and physically able to perform, and to request such 3ob reassignment B Should an employee be unable to return to work an his or her current position due to a disability, the City may provide 3ob reassignment as a reasonable accommodation in accordance with the Amerlcans with Dlsablllties Act of 1990 C Job reassignments are not guaranteed Such requests will be discussed with the Director of Human Resources and the Department Director of the hiring department before such a decision will be made The final approval will be obtained from the City Manager Interviews with the hiring supervisor will be conducted Rate of pay will be determined by the Compensation/Classification Guidelines for the position to which the employee is being reassigned VIII MODIFIED DUTY A Modified duty assignments may be considered based on the following when an employee is unable to perform the duties of his or her current position due to a disability, illness, injury, or medical condition 1 If a modified duty position is available in the department which the employee is physically able to do Modlfked duty status will only be considered during the six (6) months period from the date of disability, illness, in]ury, or medical condition 2 It wlll be the employee's responsibility to contact his or her supervisor and the Human Resources Director to determine If a modified duty position for which he or she may be qualified and is physically able to perform, is available B Modified duty assignments are considered temporary and will last no longer than the 120 days Type and length of modified duty assignments w~ll be contingent upon availability and a doctor's statement indicating any restrictions in performlng modified duty assignments C Modified duty assignments are not guaranteed Such requests will be discussed with the Department Director and Human Resources D~rector prior to assignment VIII R~ONABLE ACCOMMODATION A Reasonable accommodation will be provzded to any otherwise quallfked employee with a known disability as defined by the Americans With Disabilities Act of 1990 APP0028A PAGE 8 OF 8 POLICY/ADmINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (continued) TITLE ] REFERENCE NUMaER I OFF DUTY INJURY OR ILLNESS POLICY 107 05 B Reasonable accommodation will be provaded only when at enables the employee to perform the essential functions of the ]ob C Requests for reasonable a¢oommodataon must be submatted by the indavidual to the Direotor of Human Resources The Darector of Human Resources will revaew suoh requests and make a reoommendataon to the "Caty ADA Commattee" an acoordanoe with the "Americans With Dasabalat~es Act Policy" (100 02) The ADA Committee will provide a reco~mendataon to the department darector as to whether an accommodation is reasonable IX TERMINATION FOR CAUSE Oh LAY-OFF Thas procedure does not preclude an employee from beang terminated for cause This procedure does not preclude an employee from being terminated durang an official reduction-in-force due to budget reductions x The City Manager or has desagnee shall consader any appeal of decasaons made pursuant to this policy or any decasion made by the ADA Committee, Ail appeals must be submitted an wrating with the Director of Human Resources within ten (10) working days of the action or decision (as outlined an the "Appeals Policy" (109 03) xI ~ Ail medical records obtained pursuant to this procedure will be kept ~n confidential medical files as requared by the Americans With Disabilities Act of 1990 APP0028A POLICY ISSUES 1 The polacy is worded to allow termanation of an employee unable to perform the essential job functions of has or her position after 6 months This applaes to both on the Job and off the job illnesses or an]uries a There is some concern from Bettye Spranger (Haynes and Boone) that automatically termanating employees who have been injured on the job may vaolate the anti-retalaation provision of the Texas Workers Compensataon (TWC) Statute b Some case law has permatted employers to termanate employees who have ancurred 3ob related anjuries after a stated peraod of tame, so long as the employer treated those employses the same as at treated employees who were injured an non-job related anjuraes The word may an the polacy allows dascretaon and as not automatic The fact that terminataon applaes to both on the ]ob and off the job illnesses or anjuraes would not be dascrimanatory However, an Attorney General opinaon, also indicates that an the publac sector, at as violatave of the anti-retaliation provasaon under TWC to terminate an employee if he or she as unable to return to work after a specafied time followang a work related insury 2 Legal recommends we place employees injured on the job an "never never land" - don't terminate them, but cease accrual of benefats (after Family and Medacal Leave completed) Thas would anclude the employee payang for contanued insurance coverage Doublefill the open slot a would on the job and off the job injuries and allnesses be treated the same~ b What happens af an]ured employee as able to work agaan and the slot as falled~ Would we have to fand a place for both employees? c What af other conditaons are not met (a e faalure to report as requared, partacapatang in actavities whach ampede progress, etc )? Can terminataon be based on failure to meet performance standards rather than business necessaty? What about those an "never never land", do we have them call an on a regular basis forever? 3 What af the doctor's prognosis andicates the employee wall not be able to return to work before the sax months has passed? Should we go ahead and termanate? 4 What ~f the employee as not able to come back wath~n sax months, but prognosas ~ndicates he or she as able to come back later (a e one year)? Would employee began all over as new employee, or began where left wath adjusted benefits? (For example, employee an an accadent or hospatalized wath pneumonia ) 5 Occupational Injury Benefat Polacy (409 1) to be revased if include busaness necessity terminataon for on the ]ob allness/an]ury Take both polacies to Caty Councal together APP0028A E \~PDOCS\RE6\REDUCT[O FOR RESOLUTION NO. ~/ A RESOLUTION ADOPTING POLICY NO. 109.04 "REDUCTION IN FORCE"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and WHEREAS, the city Manager recommends adoption of the policy and 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' ~ That the following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas: 109.04 Reduction in Force Policy S_~ That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. ~ That this resolution shall become effective immediately upon its passage and ap~ov1. PASSED AND APPROVED this the /~day of ~ 1994. BOB CASTLEBERRY, MAY7 ~ / ATTEST.: JENNIFER WALTERS, CITY SECRETARY /? AP~OVED AS TO LEGAL FOP/~: DEBRA A. DRAYOVITCH, CITY ATTORNEY cITY OF DENTON PAGE 1 OF 4 ~v~&~/~_~.~NISTRATIVE PROCEDURE/~DMINISTRATIVR DIRECTIVE REFERENCE NUMBER SECTION 109 04 Human Resources Department EFFECTIVE DATE SUBJECT Separation Policies REPLACES TITLE Reduction in Force Policy POLICY STATRMENT It is the policy of the City of Denton to ensure departments and divisions are staffed with adequate personnel so that effective and efficient delivery of services to the citizens of Denton can be accomplished When economic or other conditions create funding difficulties which may necessitate reduction in delivery of services to the citizens, the City may be required to reduce staffing levels in certain departments or divisions It as the policy of the City Of Denton to lmplement and/or recommend necessary elaminataon of positions and employee separations from employment The Caty Council will provide overall direction and guadance to the City Manager as to the general areas of citizen services for appropriate contanued emphas~s and those for servace reduction Th~s pollcy is designed to accomplish reductaons ~n force where there lsa diminished need for a service to the citizens. Based on City Council guidance and approval, the C~ty Manager w~ll recommend to C~ty Councxl, as,part of the Annual Budgetary process, speclfic positions for elimination and ancu~bents, if any, in those positions to be separated from employment Severance and outplacement programs will be provided to separated employees, based on their length of service and subject to budgetary constraints An employee whose position has been eliminated and ls to be separated from employment as a part of the proposed reduction in force w~ll be offered an opportunaty to appeal the action Reasonable attempts will be made to ~ntegrate separated employees ~nto other departments in the City through transfer or reassignment Th~s policy applies to all regular full-t~me and regular part-tame employees at the City, including police officers and fire fighters However, the provisions of Texas Vernon Statues, annotated, Chapter 143 of the Local Government Code (state C~vil Service Law) will apply to police officers and f~re flghters when applicable ADMINISTRATIVE PROCEDURES I Elimination of Positions and Employees subject to separation from employment A An employee's employment may be separated because of changes in the organization, job or position duties, lack of work, or lack of funding An employee whose position has been eliminated ~n one Department or Davision, may be transferred to a comparable posltion elsewhere in the C~ty, if such posltion is available. The city cannot guarantee the employee another position Whenever possible the affected employee will be notified as soon as possible of the,peking separation from employment The affected employee will be notlf~ed at least-~l~working days in advance of the actlon PAGE 2 OF 4 , POLICY/ADM~NI~TR~TIYE P~OCEDURE/~DMINI~TRATIVE DIRECTIVE (~ntinued) B Reduction in force shall not be considered as a disciplinary action However, employees identified to be separated from employment will be offered an opportunity for a due-process appeal as provided in Policy #109 03 - Appeals C. Regular, full-time, non-Civil Service employees with twelve (12) or more months of continuous service to the City at the beginning of the budget year (October 1) shall be compensated upon separataon (due to reduction an force) an accordance with the following schedule, in additaon to any other benefits for which they may be eligible. Severance pay is based on the number of full, contanuous, non-interrupted, months of service with the city, as described below An employee may receive up to a maximum of five (5) weeks pay Full, continuous Non-Interrupted Benefit MO o Se vi LHours of Severance Pav) 0 - 12 0 Hours 12 - 60 40 Hours 61 - 120 80 Hours 121 - 180 120 Hours 160 Hours 181 - 240 200 Hours 241 + In addition to eligible severance pay listed all employees identified for separation will be paid any accumulated vacataon and s~ck leave. D Decisions concerning reduction in force are to be based on the following criteria~ 1 Primary consideration will be given to management's need to carry out the City's mission of providing public servaces Thus, the criticality of a position to achieving the overall m~salon and goals and objectives of the City will be the primary factor in determining whach positions to elaminate Attempts will be made to minimize the impact of reductaon ~n force on the delivery of public services The city Councal w~ll be responsible for identifying areas of public services to be reduced or eliminated. The city Manager is responsible for identifyang the specifac positaons and employees to be separated from employment due to the reduction an force 2 Once the City Council has recommended areas of publac services to be reduced or eliminated, Department Directors are responsible for identafyang appropriate staffing levels and for makang recommendations to the Caty Manager as to positions to be eliminated and as to candidates to be considered for employment separation A Reduction ~n Force plan w~ll be developed by each department and division using crateria outlined in #3 on the following page The Executive Director and Director of Human Resources will approve the plan prior to submitting to the C~ty Manager PAGE 3 OF 4 POLiCY/AD~iNiSTRAT!VE PROOEDURE/~M!WISTRATIVE DIRECTIVE (Continued) Reduction in Force Policy 109 04 3 Department Directors will select posit~ons for potential elimination based on department or division goals and objectives to recommend to the city Manager as a part of the budgetary process When reco~ending the reduction or el£minatLon of positions and employees to be separated from employment, the following criteria must be consLdered in the following order a Departmental sional Needs (1) Review and divisional goals as outlined in the Budget and identi adequate staffing levels (2) First should be given to minim~zing the impact upon service to the public, therefore, those positions directly res )le for service delivery become the positions most critical to the goal Identification will be made of those position considered least crltical to service delivery, and therefor least critical to accomplishment of departmental or goals. (3) The poss~ ,ility of restructuring a departmental or divisional work force ld be considered For example, eliminating extra help, work shar~ and temporary furloughing may alleviate or reduce the length ~ent of impending reduction-in-force actions b. Employee Produ:tivity performance h~stor~es (Performance Evaluation (1) forms the last 5 years) glving special consideration to the quality quantity performance factors (2) Review )loyees' attendance records (3) Review employees' disciplinary records (4) Review/employees' safety records c Employee Skills, Knowledges, and Abilities If job dutles or tasks are going to be restructured due to the reduction- in-force, consideration should be g~ven to those employees who possess those skills, knowledge, and abillties which will meet the needs of the department or division d. Length of Service with city i Time in current work unit 2. Time w~th City. 3 Time an current classification 4 The City's Equal Employment Opportunity Policy (#100 01) w~ll be followed in making reduction ~n force decisions No decision to separate an employee from employment w~ll be based on race, sex, age, national or~gin, disability status, Vietnam Era Veteran status of an employee or any other protection afforded by Federal, state, or local law 5 Once reduction-in-force decisions are recommended and approved, the Director of Human Resources will be responsible for the coordination, communication, and out-processing of separated employees Reasonable attempts will be made to integrate separated employees, who are demonstrating satisfactory performance, into other departments in the C~ty through transfer or reassignment. E Re-employment of Separated Employees sources Department will maintain a date order roster of all The Human Re ~ ~ ~ --~---~-t due to reduction ~n force who are tis tory performance Employees may be recalled during the demonstrating s~sJ~_~_~£.j~, followinc the effective date of reduction.i~ twelve (12) mon=J)m ~ma,~u~=~*z ,- ~ ~t- and in the same or a lower force shoul.~a.vaca Y ...... ~ered reinstatement with benefits if claesificat n, the emplovee w~ ~ - P Y ..... ~on. The emnloyee ,,employment date , ~ e , aa~e o~ ward to account for the term of the separation The "adjusted be adJu%ted fo~. = ~ ~ ~.~hllsh future beneflts The term of the hire dg~:e" wi~ ~e use~ ~ -~--u- · ........ ~rement eligibility and no will be made by the employee or c~ty for this term Employee con~r~ions ........ ma- be w~thdrawn during the term of the separation II clvil Service employees are subject to this Policy, however, the provisions of Texas Vernon Statutes, annotated, Chapter 143 of the Local Government code, (state civil Service Law) will apply where applicable, AAA015F7 j \~pdocs\reso\re~ml3urs res A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR THE LANDFILL EXPANSION PROJECT WITH BOND PROCEEDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a Municipal Corporation/Political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with the design, planning, acquisition and constructlon of the Landf~ll Expansion Project, which is more fully described on Exhibit "A" hereto (the ,,Project") , prior to the issuance of obligations to finance the Project; and WHEREAS, the Issuer finds, conslders, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent w~th the lawful objectives of the Issuer and, as such, chooses to declare its Intention, accordance with the provisions of Section 1. 150-2 of the Treasury Regulations, to reimburse ~tself for such payments at such time as it ~ssUes obligations to finance the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~. The Issuer reasonably expects to incur debt, as one or more ser~es of obligations, w~th an aggregate maximum prIncipal amount equal to $310,000 for the purpose of paying the costs of the Project. ~_Q~. All costs to be reimbursed pursuant hereto w~ll be capital expenditures. No tax-exempt obligations w~ll be issued by the Issuer in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are pald or (2) the date on which the property, with respect to which such expenditures were made, ~s placed in service. ~. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reim- bursed is paid. S_~C~. That th~s resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/~day of~, 1994. BOB CASTLEBERRY, MAYO~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 LANDFILL EXPANSION PROJECT The City of Denton is currently in the design and permlttmg stage of an 155 acre landfill expansion. Capital funding is required for the continued development of tins project. SOLID WASTE CAPITAL EXPENDITURES ...... lstQuarter 2ndQuarter 3rdQua~ter 4th'Quarter -"Y95 $35,000 Solid Waste Permit/Master Plan $135,0o0 $35,000 $2oo,0o0 Intermediate ProcesSing Center Design $200,000 $200 000 Property Option (Sullivan) $10,000 $10,000 $10,000 I' Communloation Tower/Property $300,000 $300,000 $300,000 ~tlve Gas Collectlo~Flarlng System $600,000 $600,000 $600,000 Engineering For System $100,000 $100,000 $100,000 ~ Recovery Feasibility Study $50,000 $50,000 $50,000 Wetland Delineation $5,000 $5,000 $5,000 Culturel Resource SUrvey $50,000 $60 000 Monitoring Well Installation Expanded Site $60,000 Methane Monitorlng~Wells Expanded Site $30,000 $30,000 $30,000 $200,000, HDR Engineering $200,000 $100,000 $100,000 Global Pceltloning Survey $5,000 $5,000 $5,000, FY96 $0 Intermediate Proceel~lng center Con~ruoflon $2,300,000 $0 Property Acqulstlon ,(~ulllvan) $1,1(}0,000 $0 Landfill Construction $5,000,000 FY95-96 Total Bond Funds Required $8.100.000 $310.000 $000.000 $330,000 $30.000 $1.6oo.0o0 B \LIBRARY CON A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ 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- talned in the agreement attached hereto. S_~ That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED thi. the/~ day of ~, 1994. BOB CASTLEBERRY, MA~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APP~'OVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY STATE OF TEXAS, ) )SS COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT lS 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 has requested and Municipality has agreed to provide llbrary services for all residents of Denton County, 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 V T C A , Local Government Code Chapter 323, County Libraries NOW, THEREFORE, County and Municipality, for the mutual consideration hereinafter stated, agree and understand as follows I. The term of this agreement shall be for the perlod from October 1, 1994 through September 30, 1995 II. For the purposes and consideration herein stated and contem- plated, Municapallty shall provide labrary services for the residents of County without regard to race, rellgaon, color, age, dlsabality and/or nataonal oragan Upon proper proof by andavidual(s) of resadence an Denton County, Texas, such andlvidual(s) shall be entatled to be issued, at no cost, a library card tQ be used an connection wath said l~brary services Munacapallty shall develop and maintain through the Labrary one or more of the followang programs of service' Educataonal and reading ancentlve programs and materials for youth. Functaonal literacy materials and/or tutoring programs for adults Job traanlng/career development programs and/or materials for all ages Outreach services to eliminate barriers to l~brary services. Educataonal programs desagned to enhance quallty of life for adults III County desIgnates the County Judge to act on behalf of County and serve as llaason officer for County w~th and between County and Municipality The County Judge or his designated substitute shall ansure the performance of all dutles and obligations of County herein stated and shall devote sufficIent time and attention to the execution of said duties on behalf of County in full 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 cond~tlons of thls agreement for the mutual beneflt of County and Mun~clpal~ty 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 sa~d duties on behalf of Municipality in full compliance with the terms and conditions of this agreement, and, shall provide management 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. Municipality shall provide to County a copy of the annual report submitted to the Texas State L~brary and shall respond to County's annual questionnaire as documentation of expenditures and provision of service V The Mun~clpallty 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 UBR~YS£RVICES 3 D~O~COUN~ CI~ OgD~?O~ attention of those employees necessary for the proper execution and completion of the duties and obligations of the Municipality stated in this agreement and g~ve all attention necessary for such proper supervision and direction VI The Munlclpallty agrees that its library department shall assume the functlons of a county l~brary and agrees to provide a librarian who holds or secures a county librarian's certificate from the Texas State Library and Archives Commission. Local Government Code, section 323 0il(b) VII. 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 w~th the County VIII 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 o.f all other persons doing work under a contract or agreement with said Municipality IX This agreement ls not intended to extend the liability of the parties beyond that provlded by law. Nelther Munlclpallty nor County waives any lmmunlty or defense that would otherwise be available to it against claims by third parties UBRARyS~VICES 4 DF.~XOXCO~ ClT~O~ro~ X Municipality understands and agrees that the Munlclpallty, employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatlves of County. XI County understands and agrees that County, lts employees, servants, agents and representatives shall at no t~me represent themselves to be employees, servants, agents, and/or representa- tlves of Municipality XII. The address of County is county Judge, Denton County 110 West H~ckory Denton, Texas 76201 Telephone. 817-565-8687 The address of Municipality is' City of Denton 215 East McKlnney Denton, Texas 76201 Attention Lloyd V. Harrell Telephone 817-566-8200 XIII For the full performance of the services above stated, County agrees to pay Munlclpallty fees as described herein. County shall pay Munlolpallty fees in the amount of $1 20 per caplta, based upon North Central Texas Councll of Governments population figures provided to Denton County by the Denton County Library Advisory Board, payable in equal quarterly installments to Municipality LIBRARY SERVICES DENTON COUNT% CI'1% OFDENIO\ 5 commencing October 1, 1994 In addition, the County agrees to pay Municipality an amount not to exceed TEN THOUSAND DOLLARS ($10,000) in matching funds upon the following conditIons Municipality shall attempt to secure funding from sources other than Denton County. Upon receipt of addltlonal funding, Municipality shall provide proof of the recelpt of such funds to the Denton County Auditor on a quarterly bas~s Denton County shall match Municipality's additional funding In an amount not to exceed $10,000 00 Payment by County to Municipality shall be made in accordance with the normal and customary processes and business procedures of County, and payment shall be satisfied from current revenues of the County XIV Thls agreement may be terminated at any time, by either party giving slxty (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 w~th 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 shall be reimbursed pro rata for all such overcompensatlon Acceptance of such reimbursement shall not constItute a waiver of any clalm that may otherwise arise out of this agreement I~BRAR% SER% 1CE~ D~NTON COL~T% ClT% OF DEN Io% 6 XV. Thls agreement represents the entire and integrated agreement between Municipality and County and supersedes all prior negotlatlons, representations and/or agreements, either written or oral. Thls agreement may be amended only by wrltten instrument signed by both Munlclpallty and County XVI. The validity of this agreement and any of its terms or provlsxons, as well as the rlghts and duties of the part.es hereto, shall be governed by the laws of the State of Texas Further, this agreement shall be performable and all compensation payable ~n Denton County, Texas XVII 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 XVIII The undersigned officers and/or agents of the parties hereto are th~ properly authorlzed officials and have the necessary authority to execute thxs agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now ~n full force and effect LIBRARY SERVICF$ DE,¥10'~ COL%T'~ CITY OF DENTON 7 Executed in duplicate originals in Denton County, Texas by the authorized representatives. COUNTY MUNICIPALITY Title ~ AC~.A4%g on behalf of and ~Wthe Date. ~__ authority of the Commissioners Resolution Court of Denton County, Texas Dated ATTEST: ~, ~% ~ ATTEST Denton County Cle~,~ ~ ~ ~ ~dlt~ec~tary- APPROVED AS TO FO~' APPROVED AS TO FO~ Assistant District Att~ne~ City Attorney APPROVED AS TO CONTENT' ~~vlces I~BRARY SERVICES DI~\TO'% COL'~IY CIF% O[· DENFON 8 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACKNOWLEDGING THE SERVICE OF THE FIRE DEPARTMENT AND OTHER CITY DEPARTMENTS IN RESPONSE TO THE MAJOR FIRE ON THE SQUARE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on Thursday, September 22, 1994, a major fire occurred on the Square in Downtown Denton which destroyed three buildings; and WHEREAS, Fire Department personnel performed courageously in suppressing and containing the fire amid perilous and dangerous circumstances; and WHEREAS, the Fire Department was assisted by the City of Denton utilities Department through its electric and water divisions, by terminating electric service to preclude additional fire hazard during the fire and restoring service after the fire was put out, and ensuring that sufficient water pressure was maintained; and WHEREAS, the Fire Department was assisted by the City of Denton Police Department who maintained effective crowd and traffic control; and WHEREAS, the City of Denton Street Department erected barricades, provided assistance to the Fire Marshal in the fire Investigation, and provided crews and equipment to clean the streets for safe passage; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the citizens of Denton are deeply indebted to the courageous efforts of the Fire Department, and the outstanding service rendered in support of the Fire Department by the City of Denton Utilities Department, Police Department, and Street Department. ~ That the City Manager shall be directed to ensure that a copy of this resolution recognizing the efforts of these personnel be posted in the individual departments for all to see. ~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/~day °f ~' 1994' BOB CASTLEBERRY, MAYf ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRA¥OVITCH, CITY ATTORNEY PAGE 2 RESO . ION .0. £qg- S A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING DEBRA A. DRAYOVITCH AS PART-TIME MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERMS OF EMPLOYMENT; ESTABLISHING A TERM OF OFFICE FOR THE PART-TIME MUNICIPAL JUDGE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the city Council to appoint a Part-time Municipal Judge to handle the Judicial functions of the Municipal Court; and WHEREAS, Ordinance No. 94-014, adopted pursuant to TEX. GOV'T CODE §30.982 (Vernon Supp. 1994) provides that the governing body of the City shall appoint the Part-tlme Municipal Judge of the City of Denton Munlclpal Court of Record; and WHEREAS, TEX. GOV'T CODE Chapter 30, Subchapter Y (Vernon Supp. 1994) provides that municipal judges shall serve for a term of office, and the Council wishes to establish a term of office of the Part-time Municipal Judge; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That Debra A Drayovltch is hereby appointed as Part-time Municipal Judge of the Municipal Court of Record of the City of Denton, Texas for a one year, nine month term of office to commence November 1, 1994 and terminate at midnight July 31, 1996. ~ That the Mayor is authorized to execute a contract with Debra A. Drayovitch, providing for her terms of employment, a copy of which is attached hereto and incorporated by reference herein. ~ This resolution shall become effective immedi- ately upon its passage and approval PASSED AND APPROVED this the /~/~day of ~,1994 ATTEST: / JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY'S OFFICE PAGE 2 EMPLOYMENT AGREEMENT P~L~I~ J , 1994 by and between the city of Denton, Texas, a ~u~icipal corporation of the state of Texas, hereinafter referred to as "City" and Debra A. Drayovitch, hereinafter referred to as "Part-time Judge." WITNESSETH~ 1. City does hereby agree to employ Debra A. Drayovitch for a period of one (1) year and nine months, beginning on November 1, 1994, and continuing through midnight July 31, 1996, at a salary of $23.15 per hour for a minimum of twenty (20) hours a week, and providing the same benefits available to regular part-time City employees (e.g., group health insurance - 1/2 of basic insurance premium for employee only coverage paid by city and other prorated benefits). 2. City does hereby agree to review the part-time Judge's compen- sation on an annual basis at the time the part-time Judge's performance is reviewed by the City Council. 3. The part-time Judge will receive assignments and work schedules within the discretion of the Municipal Judge. The part-time Judge agrees that she shall be available to perform and shall perfor~ if directed, the duties set forth in the Assistant Municipal Court Judge job description, a copy of which is attached hereto and incorporated herein as Exhibit "A". 4. The City hereby agrees to consider in the Court's annual budget request an allocation of funds for travel, registration costs and subsistence expenses for professional and official develop- ment programs for the part-time Judge and consider allowing the part-time Judge to attend functions as a representative for the City, including, but not limited to, the Texas Bar Convention, the Texas Municipal Judge's Association Meeting, non-mandatory short courses, institutes and training seminars relating to criminal law or responsibilities of judges (which qualify for continuing legal education credit), legal or governmental group meetings at the state or local level and committees thereof in which she serves as a member by reason of her appointment as a judge. The City will budget and pay $600 for mandatory judicial education training. 5. The city agrees to budget and pay the State Bar dues of the part-time Judge if she has no outside practice and agrees to pay one-half of such dues if she has an outside practice. The city agrees to pay the part-time Judge's dues for the Texas Municipal Court Association. The city hereby agrees to con- sider in the Court's annual budget request an allocation of funds for dues in state and local legal associations and organizations necessary and desirable for her continued profes- sional participation, growth and advancement, and for the good of the City of Denton. The city also agrees to purchase a Judicial robe for the part-time Judge. The city will not pay for occupational taxes assessed the part-time Judge or for local bar association dues. 6. During this Agreement, the part-time Judge shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Subchapter Y, or Chapter 30 of the Texas Government Code, and all other applicable laws pertaining to the operation of the Denton Municipal Court of Record, and her duties as a Magistrate. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, charter, Statutes and laws shall govern. 7. The part-tlme Judge shall not take on representation of a client adverse to the city of Denton. The part-time Judge shall not represent a client ~n a case where an employee of the city of Denton, in his capacity as an employee of the city of Denton is a witness or may be summoned to appear as a wltness. 8. The part-time Judge warrants she meets the minimum qualifica- tions listed in the city's Job Opportunity Announcement (JOA:0158), a copy of which is attached hereto and incorporated herein as Exhibit "B", and is capable of performing the major duties and meeting the conditions of employment described in such JOA. 9. The city may remove the part-time Judge from office during her term pursuant to and in accordance with the requirements of §30.987(c) of the Texas Government Code, or its successor, as same may hereafter be amended. 10. A request by the part-tlme Judge for release from this Agree- ment prior to the end of its term must be submitted in writing to the Mayor for city Council approval not less than thirty (30) days prior to the requested date of termination. Unap- proved abandonment of the Agreement shall be considered a default by the part-time Judge in the performance of this Agreement. 11. In consideration for the part-time Judge commencing her duties on November 1, 1994, the city hereby agrees to pay a sum equal to 160 hours of her accumulated vacation time and for the remaining vacation hours (not to exceed 160 hours), a sum equal to the difference between her rate of pay as of October 18, 1994 and the rate of pay specified herein. PAGE 2 IN NITNEBBWHER~OF, city has caused this Agreement to be signed in its name by Bob Castleberry, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the part- time Judge has hereunto set her hand and seal the day and year first above written. PART-TIME JUDGE CITY OF DENTON, TEXAS ATTEST~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM~ CITY ATTORNEY'S OFFICE PAGE 3 EXHIBIT A JOA JCN ASSISTANT MUNICIPAL COURT JUDGE SALARY~ DEPARTMENT MUNICIPAL JUDGE ~QB SUMMARY~ Under the adrainistrative direction of the city Council, presides over Municipal Court sessions end functions as a magistrate to administer Justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the Jurisdiction of the Municipal Court o Performs Municipal Judge and Magistrate duties as outlined in Texas State Law, and as scheduled by the Municipal Court Judge. o Presides over trials and renders Judgments for misdemeanor violations, violations Of city ordinances, traffic violations and any other cases within the jurisdiction of the Munlcipal Court o Authorizes issuance of warrants, summons, magistrate warnings, etc o Arraigns prisoners, sets bonds, reviews fanes, and accepts pleas o Facilitates efficient disposition of cases and other matters connected with proper processing of paperwork through the Court Clerks Office o May be assigned to sit and perform all functions that would normally be performed by the Municipal Judge as needed o Performs other related duties as d~rected by City Council and the Munic~pal Judge, in accordance with s=aue law MINIMUM OUALI~ICATIONS: o Juris Doctorate from an accredited institution. o License to practice law in the state of Texas {and be in good standing) o United States citizen. o Resident of the state of Texas o Valid Texas Class c driver's license CONDITION OF EMPLOYMENT o Will be required to preside over most evening court dockets and any other dockets as assigned by the Municipal Judge o Must be available to be called on to perform duties at unusual hours, including evenings, weekends and holidays. PREFERENCE FOR EMPLOYMENT o May be given to person with experience in the practice of criminal law JOB OPPORTUNITY ANNOUNCEMENT EXHIBIT B JOA. 0158 JCN DJP0 ASSISTANT MUNICIPAL COURT JUDGE PART-TIME SALARY~ $15.43/Hr.-$17 36/Hr DEP;tRTMENT~ MUNICIPAL JUDGE Under the administrative direction of the City Council, presides over Municipal Court sessions and functions as a magistrate to administer Justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the Jurisdiction of the Municipal Court ~4~JOR DUTIESt o Performs Municipal Judge and Magistrate duties as outlined in Texas State Law, and ae scheduled by the Municipal Court Judge. o Presides over trials and renders judgments for misdemeanor violations, violations of city ordinances, traffic violations and any other cases within the Jurisdiction of the MunicLpal Court. o Authorizes issuance of warrants, summons, magistrate warnings, etc. o Arraigns prisoners, sets bonds, reviews fines, and accepts pleas o Facilitates efficient disposition of cases and other matters connected with proper processing of paperwork through the Court Clerks Office. o May be assigned to sit and perform all functions that would normally be performed by the Municipal Judge as needed o Performz other related duties as directed by city council and the Municipal Judge, in accordance with state law. MINIMUM OUALIFICATIONS o Juris Doctorate from an accredited institution o License to practice law in the state of Texas (and be in good standing). CONDITION OF EMPLOYMENT~ o Will be required to preside over most evening court dockets and any other dockets as assigned by the Municipal Judge o Must be available to be called on to perform duties at unusual hours, including evenings, weekends and holidays o Must be United States citizen and resident of the state of Texas. o Must have valid Texas Class C driver's license ~EFERENCE FOR EMPLOYMENT~ o May be given to person with experience in the practice of criminal law. Closing Date: June 24~ 1994 CITY OF DENTON A. AAOQ~3C HumanPd~o~foeeDl~rtme~ eO1F..Hi,~mq, 8ulteA Denton TX 78205 Joblnfo~r, Jr4817See*e'J.47 Teieeheflele17-Se~-8340 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPOINTING AN ACTING CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the position of city Attorney of the City of Denton will become vacant effective November 1, 1994 as a result of Debra Drayovitch becoming a part-time Municipal Judge; and WHEREAS, the city Council wishes to appoint Mike Bucek as Acting city Attorney effective November 1, 1994; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That Mike Bucek is hereby appointed Acting city Attorney, effective November 1, 1994. ~. That Mike Bucek's current rate of pay will increase by ten percent (10%) during his service as Acting City Attorney. ~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/~day of ~J~-~--, 1994. BOB CASTLE ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY J \~PDOCS\RESO\U#T 0 RESOLUTION NO. ~ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CONGRATULATING THE UNIVERSITY OF NORTH TEXAS IN ACHIEVING THEIR DIVISION I-A STATUS IN FOOTBALL AND THEIR ACCEPTANCE INTO THE BIG WEST CONFERENCE. WHEREAS, the UNIVERSITY OF NORTH TEXAS ("UNT") on October 18, 1994 announced its acceptance into the Big West Conference; and WHEREAS, the UNT football program will move from a Division I-AA to a Division I-A level of competition; and WHEREAS, movement of the UNT football program from a Division I-AA to a Division I-A level of competition and the acceptance of UNT Into the Big West Conference will increase UNT's exposure and greatly benefit both UNT and the City of Denton; and WHEREAS, UNT's success in ]oinlng the Big West Conference and movement from a Division I-AA to a Division I-A level of competition in football deserves the recognition and congratulations of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton does hereby and herewith congratulate the UNIVERSITY OF NORTH TEXAS on its huge success in joining the Big West Conference and moving to a Division I-A level of competition in its football program. SECTION II. That this resolution shall become effective immediately upon its passage and appr0v~l. PASSED AND APPROVED this the~_L day of ~, 1994. ATTEST~ BOB CASTLEBERRY, MAY~ ~ JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY J \~PDOCS\RESO\UNT 0 RESOLUTION NO. ~ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CONGRATULATING THE UNIVERSITY OF NORTH TEXAS IN ACHIEVING THEIR DIVISION I-A STATUS IN FOOTBALL AND THEIR ACCEPTANCE INTO THE BIG WEST CONFERENCE. WHEREAS, the UNIVERSITY OF NORTH TEXAS ("UNT") on October 18, 1994 announced its acceptance into the Big West Conference; and WHEREAS, the UNT football program will move from a Division I-AA to a Division I-A level of competition; and WHEREAS, movement of the UNT football program from a Division I-AA to a Division I-A level of competition and the acceptance of UNT into the Big West Conference will increase UNT's exposure and greatly benefit both UNT and the City of Denton; and WHEREAS, UNT's success in Joining the Big West Conference and. movement from a Division I-AA to a Division I-A level of competition in football deserves the recognition and congratulations of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton does hereby and herewith congratulate the UNIVERSITY OF NORTH TEXAS on 1ts huge success in joining the Big West Conference and moving to a Division I-A level of competition in its football program. SECTION II. That this resolution shall become effective immediately upon its passage and apPr0v~.l. PASSED AND APPROVED this the~_Lday of ~, 1994. ATTEST~ JENNIFER WALTERS, CITY SECRETARY BY:~ APBR~VED A~O LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY RESOLUTION A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING THE EFFORTS OF THE NATIONAL LEAGUE OF CITIES AND THE TEXAS MUNICIPAL LEAGUE TO FULLY I~FORM OUR CITIZENS ABOUT THE IMPACT OF FEDERAL MANDATES ON OUR CITY FINANCES AND THE POCKETBOOKS OF OUR CITIZENS; AND PRO- VIDING AN EFFECTIVE DATE. WHEREAS, federal unfunded mandates on city governments have increased significantly in recent years; and WHEREAS, federal mandates require cities to perform duties without consideration of local circumstances or capacity; and WHEREAS, federal mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, and safety of municipal citizens; and WHEREAS, excessive federal burdens on cities force on citizens and taxpayers either higher local taxes and fees, reduced local services, or both; and WHEREAS, federal mandates are too often lnflexlble, "one-size- fits-all" requirements that impose unrealistic time frames and specify procedures or facilities when less costly alternatives might be Just as effective; and WHEREAS, existing mandates impose harsh pressures on local budgets; and WHEREAS, the cumulative impact of these legislative and regulatory actions directly affects the citizens of our cities; and WHEREAS, the National League of cities (NLC), in conjunction with other state and local government representatives and state municIpal leagues, including the Texas Municipal League (TML), has begun a national public education campaign to help citizens under- stand and then reduce the burden and lnflexlblllty of unfunded mandates; and WHEREAS, the week of October 24 through October 30, 1994 has been designated "National Unfunded Mandates Week"; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~ That the City of Denton endorses the efforts of the National League of Cities and the Texas Municipal League and sup- ports working with NLC and TML to fully inform our citizens about the impact of federal mandates on our city finances and the pocket- books of our c~tizens. ~ That the city of Denton endorses the events that will continue this process. ~ That the City of Denton resolves to redouble efforts, to info~ and work with me~ers of our Congressional dele- gation to inform them about the impact of federal mandates and actions neoesea~ to reduce their burdens on our citizens. ~ That this resolution shall become effective i~ed- lately upon its passage and approval. ~ That the City Secretary is hereby directed to fo~ard a copy of this resolution to the National League of Cities and the Texas Municipal League. BOB ~ ~TLE B~ JENNIFER WALTERS, CITY SECRETLY APFROVED AS TO ~GAL FO~: DEB~ A. D~YOVITCH, CITY ATTO~EY PAGE 2 Nbxt Document C \NPDOCS\RE$O\DE#THA~N RES RESOLUTION NO. o ct A RESOLUTION RECOMMENDING THAT THE DENTON MAIN STREET PROGRAM BE ENTERED INTO THE GREAT AMERICAN MAIN STREET AWARDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the downtown area and the Square in Denton has been the focal point of the commercial and social growth and success of Denton for nearly a century and a half, and continues to hold a place of honor in our community; and WHEREAS, the citizens of Denton and the merchants of Downtown Denton have endeavored to preserve and promote the unique heritage of Denton, and many volunteers have unselfishly contributed untold hours of their time and effort to the economic revitalization and development of the Downtown Denton area and the Square; and WHEREAS, the citizens of Denton, the merchants of the downtown area and the Square, and the employees of the City of Denton Main Street have joined in a unique partnership in promoting these objectives for the downtown area and Square by forming and supporting the Denton Main Street Program and they believe that downtown revitalization efforts in Denton represent the spirit of our pioneer forefathers and the vigor of our present day entrepre- neurs; and WHEREAS, the success of the Denton Main Street Program in restoring economic vitality, preserving and restoring historic sites and the resulting commercial and social success in the Denton Downtown area and the Square is unsurpassed when compared to similar communities and should qualify this program for a Great American Main Street Award; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~-C~. That the City of Denton fully supports the entry of the Denton Maln Street Program in the Great American Main Street Awards competition. ~_~. That this resolution shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ~~-~, 1994. BO~ CASTLEBERRY, MAYO~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY PAGE 2 RESOLUTION NO. -- oUO A RESOLUTION LEASING PARKING SPACES LOCATED ON THE WILLIAMS TRADE SQUARE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has improved and maintained the area known as the "Williams Trade Square"; and WHEREAS, such improvements include paved parking spaces; and WHEREAS, the City of Denton desires to continue to lease parking spaces in order to recover the cost of the maintenance and improvements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: $~CTION I. That the City Manager of the city of Denton, Texas is hereby authorized to execute an agreement between the city of Denton and County of Denton to lease parking spaces at the "Wil- liams Trade Square", a copy of which agreement is attached hereto and incorporated by reference herein. ~. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the I~&~day of ~f--~-~', 1994. BOB CASTLEBERRY, MAY~ ~ / ATTEST~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MIKE BUCEK, ACTING CITY ATTORNEY ! ORIGINAL THE STATE OF TEXAS )( AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF COUNTY OF DENTON )( DENTON LEASE AGREEMENT This agreement is made and entered into by and between the city of Denton, Texas, hereinafter referred to as Lessor, and Denton County, Texas, hereinafter referred to as Lessee WITNESSETH: 1. Lessor leases to Lessee and Lessee leases from Lessor fifteen (15) parking spaces at the Williams Trade Square for a period of twelve (12) months commencing on the 1st day of October, 1994 and ending on September 30, 1995, at a monthly rate of fourteen dollars ($14.00) each to be occupied as a parking lot only 2. Lessee will pay the rent monthly on the 1st day of the month 3. Lessee agrees to allow Lessor to have free access to the premises; to leave the premises, on termination of the lease, in good repair; not to assign nor sublet the premises or any part thereof; and to hold Lessor harmless and indemnify Lessor from any claim, damages or loss resulting from the use of the parking lot as to any use of said premises by Lessee. 4. Lessor will provide the five (5) members of the Commissioners Court with a sticker permit authorizing parking in the Courthouse Square area without time limit, to be in effect during the term of this agreement 5. Lessee shall have the option to extend this Lease for eight (8) successive terms of twelve (12) months each at such rental that the City Manager shall establlsh To exercise the option to extend, Lessee shall give Lessor sixty (60) days written notice of it intent to renew the Lease. Upon receipt of such notice, the City Manager shall give Lessee written notice of the · ncreaSe, if any, in rental. Increases in rental shall be based upon economic conditions. WILLIAMS TRADE SQUARE DENTON COUNTY CITY OF DENTON i IN WITNESS WHEREOF, the parties hereto have executed this Contra~t to be effective the 1st day of October, 1994 LESSEE LESSOR DENTON COUNTY, TEXAS CITY OF DENTON 110 West Hickory Municipal Building Denton, Texas 76201 Denton, Texas 76201 TIM HODGE$, COUNTY CLER~ ~D EX OFFiCiO CLER~ OF T.E CO~SS~ON~RS COURT OF DENTON COUNTY APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: ASSISTANT DISTRICT ATTORNEY DEBRA A. DRAYOVITCH, CITY ATTORNEY ~qLLIAN~ T~ADE SQUARE DENTON CO~NT~ CITY OF DENTON 2 ~ \~PDOCS\RES\GTERECOR R A RESOLUTION GIVING GENERAL TELEPHONE OF THE SOUTHWEST, THIRTY (30) DAYS NOTICE TO PRODUCE RECORDS PREVIOUSLY REQUESTED OF GTE BY THE CITY MANAGER IN HIS LETTER OF FEBRUARY 10, 1994 RELATING TO AN AUDIT OF GTEtS FRANCHISE FEE PAYMENTS TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Constitution of the State of Texas requires public utilities to compensate municipalities for the use and rental of public rights-of-way and utility easements by such utilities; and WHEREAS, the Charter for the City of Denton adopted by the voters of the City of Denton on the 24th day of February, 1959, requires franchise fees to be charged public utilities not to be less than 2% of the gross receipts of the business being conducted by the franchisees earned for services rendered in the City of Denton; and WHEREAS, the City of Denton granted a franchise to General Telephone of the Southwest (GTE) pursuant to the Charter on the 4th day of October, 1983, and such franchise agreement provided it was subject to all of the provisions of the Charter; and WHEREAS, citizens of Denton and litigation by near-by cities with their telephone franchisees have raised serious questions regarding whether or not certain telephone companies, including possibly GTE, are listing the full value of services provided to ratepayers in the gross receipts upon which franchise fees are based; and WHEREAS, the City retained the auditing firm of Reed-Stowe & Co., Inc., to audit GTE's records relating to its revenues within the City of Denton from the beginning of the present franchise agreement (1983) through 1992 to determine if the appropriate franchise fees have been paid by GTE; and WHEREAS, the City Manager on February 10, 1994, requested from GTE certain records needed byReed-Stowe to determine in accordance with auditing principles what GTE's gross receipts were in the City of Denton for the period from 1983 through 1992; and WHEREAS, GTE did not fully comply with the records request and on November 4, 1994, the City Manager requested again the needed records, and WHEREAS, GTE on November 10, 1994, advised the City Manager that it would not comply with his request for records; and WHEREAS, the City's Charter requires a holder of a franchise to allow the city to examine at any time its accounts and records; and WHEREAS, preliminary audit findings reflect the possibility of underpayment by GTE from 1988 to 1993 of franchise fees of approximately 2.8 milllon dollars; and WHEREAS, the failure of GTE to pay franchise fees owed requires taxpayers of the City to pay higher taxes to fund budgetary items which should be paid by franchise fees properly collected; and WHEREAS, the public interest does not allow the City to subsidize a public utility In the payment of fees for the use of public rights-of-way and thereby provide a g~ft to such utility's stockholders or to Companies contracting with such utlllty and not paying for the use of City rights-of-way; and WHEREAS, the franchise agreement w~th GTE provides that if GTE is found to be in default of such agreement it shall be supplied notice of the default and given a period of sixty (60) days to cure same; and WHEREAS, the Clty realizes that a flndlng of a default in a contract is a serious matter which can result in legal ram~flca- tlons that can stifle the business relationship between the parties to such a contract; and WHEREAS, the city has always looked upon GTE as a "good neighbor", always ready to assist both in manpower and monetary contributions to publlc service projects that enhance Denton's quality of l~fe; and WHEREAS, GTE has a fiduciary duty to ~ts stockholders to comply wlth the laws of this land (which Includes the City's Charter) as the City Council has to protect the public interest, even when a cherished neighbor disagrees; and WHEREAS, the city can not allow any bus~ness or ~ndiv~dual within its corporate l~mits to operate above the law; and WHEREAS, to remove any doubt that the Clty Council concurs w~th the Clty Manager's action requesting records of GTE; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ~L~_Q~. That General Telephone of the Southwest is hereby given thirty (30) days from the effective date of thls resolution to produce the records requested by the City Manager in his letter of February 10, 1994, in their entirety. PAGE 2 ~. That if the records requested by the City Manager are not received in his office by 5:00 p.m. on December 22, 1994, the city Manager is hereby directed at his earliest opportunity, in compliance with the Open Meetings Act and City Ordinances, to place on the agenda for a council meeting an item declaring GTE 1n default of the provlsions of its franchise agreement and city Charter, and the City Attorney is hereby directed to have the appropriate resolution prepared for such meeting that would allow the city Council to take i~nedlate action to hold GTE in default. ~. That this resolution shall be effective immedi- ately upon ~ts passage and approval. S_~. That the city Secretary is hereby directed to forward a copy of this resolution to Melvin W~llls, District Manager of GTE Telephone Operations, P. O. Box 520, Denton, Texas 76202. Effective this the~~ day of ~, 1994. ATTEST~ BOB CASTLEBERRY, MA: ~ JENNIFER WALTERS, CITY SECRETARY APPR LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY PAGE 3 Next, Document j \~pdocs\reso\cabLtvrL res RESO'.UTIO NO. --OU 0%. A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING CABLE TELEVISION PUBLIC ACCESS RULES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section XXII of the Cable Television Franchise Agreement between the City of Denton, Texas and Sammons Communica- tions, Inc. provides that the City and Sammons must cooperatively establish rules for the use of studio equipment and production staff for members of the public desiring to use the public access channels; and WHEREAS, the City Manager has recommended adoption of the attached Public Access Rules, which provide for the use of studio equipment and production staff to qualifying members of the public, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: ~. That the attached Public Access Rules are hereby adopted by the Council of the City of Denton, Texas. SECTION II. That th~s resolution shall become effectlve ~mmedlately upon its passage and approval. PASSED AND APPROVED this the ~day of~.~_~N~-, 1994. ATTEST~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: Y ATTORNEY RULES FOR USE OF CABLE TV PUBLIC ACCESS CHANNEL The following rules apply to all individuals and groups who request the use of the Public Access Channel provided by Sammons Communications, Inc. The intent of this channel is to provide citizens of Denton the opportunity to produce original programming for showing on the Public Access Channel. Defln~t~ons: Public Access takes three forms, Individuals, Groups, and Individual Definition: Any resident of Denton who comes to Sammons with a program idea. Sammons will provlde a Producer/Director and crew to work on the project. Group Definition: Any recognized non-profit organization which comes to Sammons with a program idea. sammons will provide a Producer/Director and crew to work with the group. User Definitlon: Anyone who has been through a Sammons training course. Users will be allowed to produce a program in the Sammons studio. Public Access Users must provide their own crew and talent. Rules: 1. Public Access programming must not contain: A. Libel, slander, or defamatlon of character, B. Lottery information, C. Material considered obscene or indecent according to community standards. 2. Sammons will maintain and make available for public inspection during regular office hours, the names and addresses of all persons and groups requesting access programming. 3. Groups or individuals requesting access programming will be accommodated on a first-come, flrst-served basis. 4. Individuals or groups will be able to apply for a studio production once every three months. AAA02857 Rules For Use Of Cable TV Public Access Channel Page 2 5. Each program must have a script outlining the proposed production. 6. Each program shall be scheduled for production on either Monday or Tuesday between 2:00 p.m. and 5:00 p.m. A. Scheduling shall be handled on a first available time basis. B. Scheduling dec~slons will be made by the Sammons Production Manager. 7. Programs shall be limited to 30 minutes in length. 8. Programs will be scheduled following completion by the Sammons Production Manager. A. Public Access program time slots shall be listed in Channel 25's weekly schedule as: Tuesday 6:00 p.m. to 6:30 p.m. Thursday 9:00 p.m. to 10:00 p.m. B. Each program shall be scheduled a minimum of two times. C. Programs will be scheduled on a first available time basis. 9. Programs shall be allowed three hours for completion of production. Set-up time will be included in production t~me. Set-up can beg~n at 2:00 p.m. on the afternoon of scheduled production. 10. Users w~ll be allowed to use the studio between 6:00 p.m. and 9:00 p.m. on Tuesday nights. A. Studio will be available on a f~rst-come, first-served basis. B. Users will have one hour to complete program. C. Time will include studio set-up. 1) Time will be kept by the Sammons employee on duty to run programs on Channel 25. 2) The Sammons employee will not be available to help crew with production. However, the employee will have authority to remove any group from the AAA02857 Rules For Use Of Cable TV Publxo Access Channel Page 3 studio for failure to abide by Public Access Rules. D. Users must provide crew and talent. 11. Individuals, Groups, or Users will be removed from studios and denied access to Sammons facilltles for a period of one year if the Sammons Production Manager has a reasonable suspicion that they are using or under the influence of alcohol or illegal drugs. 12. Not-for-profxt groups with 501(c)(3) status may apply to Sammons for one remote public access production per year. A. Scheduling of these productions will be contingent on the Sammons production schedule. B. Those seeking such a public access production are advised to make application for the production at the earliest possible date. 13. Individuals or Users must be 18 or over. Anyone under 18 must be under the direct supervision of a parent or guardian who will assume responsibility for the production. 14. Decisions made by the Sammons Production Manager may be appealed to the Cable TV Advisory Board. 15. Decisions made by the Cable TV Advisory Board may be appealed to the City Council. AAA02857 e \~pdocs\res\Jury dut RESO , T ON MO. qq-O73 A RESOLUTION ADOPTING A PERSONNEL POLICY RELATING TO LEAVE FOR JUDICIAL OR LEGAL MATTERS; 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, the city Council desires to adopt this policy to com- bat these problems; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SE_~. That the followlng policy, attached hereto and made a part hereof, is hereby adopted as an offlclal policy of the City of Denton, Texas: Leave for Judicial or Legal Matters (Reference No. 111.02) SECTION II. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records of the C~ty of Denton with the City Secretary. SO_~. The previous policy relatlng to Leave for Judicial or Legal Matters (Reference No. 111.02), adopted by Resolution of this Council on August 12, 1984 is hereby rescinded. SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in th~s resolution or policy, or application thereof to any person or c~rcumstance ~s held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portlons of this resolution, and the city Council of the C~ty of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION V. That this resolution shall become effective ~mme- dlately upon its passage and approval. PASSED AND APPROVED this the-- ~day of~~----, 1994. BOB CASTLEBERRY, MAYO~ ~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY PAGE 2 E \NPDOCS\RE$\:HAG~#E A RESOLUTION AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE RUTH I. ANDERSON ESTATE; AUTHORIZING THE CREATION OF A TRUST FUND AND APPROVING A BUDGET FOR THE I.M.A.G.I.N.E. YOUTH-AT-RISK PROGRAM TO BE ADMINISTERED BY THE PARKS AND RECREATION DEPARTMENT; AND DECLARI~GAN EFFECTIVE DATE. WHEREAS, the will of Ruth I. Anderson provided a share of her estate be bequeathed to the City of Denton for use by the Parks and Recreation Department, Children's Programs, for low income or youth-at-risk programs; and WHEREAS, the city desires to accept the bequest from the Ruth I. Anderson Estate and implement the programming she desired; and WHEREAS, the city has received funds from the Ruth I Anderson Estate of Thirty Thousand Four Hundred Eighty-seven Dollars ($30,487) and desires to create a trust fund for the purpose of expending such funds to accomplish the desires of Ruth I. Anderson; and WHEREAS, the City desires the trust fund to be available to also accept other gifts and bequests so that funding for the "Improving My Abilities Guarantees Incredible New Experiences" (I.M.A.G.I.N.E.) youth-at-risk program can be an ongoing program; and WHEREAS, a proposed budget for utilization of trust funds over the next biennial has been prepared; NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: ~ That the City of Denton hereby accepts the bequests from the Ruth I. Anderson Estate and agrees to expend such funds for low income or youth-at-risk programming pursuant to the Children's Programs of the Parks and Recreation Department. ~ That the Director of Finance is authorized to create a trust fund for the purpose of funding the Improving My Abilities Guarantees Incredible New Experiences (I.M.A.G.I.N.E.) youth-at-risk program with the funds from the Ruth I. Anderson Estate forming the corpus of such trust S_~ That the corpus and interest accruing to the funds in the Ruth I. Anderson Trust Fund and other gifts and bequests made to such trust shall be utilized for accomplishing the goals of the I.M.A.G.I.N.E. program. ~ That the goals of the I.M.A.G.I.N.E. Program as recommended by the Parks and Recreation Advisory Board and the budget for the next biennial attached hereto as Exhibit "A", and made a part hereof for all purposes, is hereby approved. ~ That thzs resolutzon shall become effectzve lmmedzately upon this passage and approval PASSED AND APPROVED this the~.~day of ~ 1994 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM MICHAEL A BUCEK, ACTING CITY ATTORNEY PAGE 2 EXHIBIT "A" 32112/94 Personal Services 8026 Temporary/Seasonal $2,880 $2,880 8061 FICA 220 220 8064 Workers Compensation ~7 ~7 Total Personal $3,167 $3,167 8112 Recreation Supplies $2,066 $2,067 Total Supplies $2,066 $2,067 8502 Special Services $4,410 $4,410 8503 Travel Expenses $5.600 $5.600 Total Services $10,010 $10,010 $15,243 $15,244 Total Ruth I. Anderson Trust Fund $30,487 1994-95 Budget -15,243 1995-96 Budget -15.244 $ 00 * Special Services (8502) include field t~ips and speaker costs for 14 participants (12 youth and 2 leaders) for eight months, and for field trips over four days for 14 participants in W&shington, D.C. Travel Expenses (8503) include 50% of all a~r fare and hotel accommodations. The remaining travel expenses will be raised through fund raisers, sponsorships and donations. If additional funds are raised, they wlll be applied to travel expenses. Note: It is the goal of the program to extend past the two year time frame. Grants, sponsorships, fund raisers and donations will be sought out to provide funding for additional years.