HomeMy WebLinkAboutJuly 17, 2001 Agenda AGENDA -~,nda No {r~/--{~.O~-'- _
CITY OF DENTON CITY COUNCIL ,~genda Itom ~ /~'
After determining that a quorum is present and convening in an Open Meeting, the City Council
will convene in a Closed Meeting of the City of Denton City Council on Tuesday, July 17, 2001,
at 5 15 p m m the City of Denton Council Work Session Room, Denton City Hall, at 215 East
McKlnney, Denton, Texas to consider specific items when these items are listed below under the
Closed Meeting section of this agenda When items for consideration are not listed under the
Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at
5 00 p m ,and will convene at the time listed below for its regular or special called meeting The
City Cour~cll reserves the right to adjourn into a Closed Meeting on any item on its Open
Meeting agenda consistent v~th Chapter 551 of the Texas Government Code, as amended, as set
forth below
1 Closed Meeting
A Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE
Section 551 071
1 Receipt of legal advice from the City Attorney regarding the award of
Special Commissioners and Procedural Options in condemnation
proceeding styled The State of Texas and Ctty of Denton, Texas v
, Koshrow Sadeghtan, Cause No ED-2001-00356 pending xn the Probate
Court of Denton County, Texas
B, Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551 072
1 Deliberate the purchase and value of real property easement interests,
comprising sixteen parcels located in the D Lambert Survey, Abstract No
784 and the G Walker Survey, Abstract No 1330 as follows 0 724 acre,
0 4 acre, 0 429 acre, 0 104 acre, 1 891 acre, 0 18 acre, 0 3029 acre, 0 93
acre, 0 309 acre, 0 032 acre, 0 08 acre, 0 008 acre, 0 063 acre, 0 006 acre,
0 025 acre, and 0062 acre all ~n Denton County, Texas, which
acquisitions are for a public purpose, (Colorado/MayNll/Edwards Realign
ProJect)
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSEI~ MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
MEETiNG IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE
TEXAS IGOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY
COUNCIL RESERVES THE RIGHT TO ADJOURN INT,O. A CLOSED MEETING OR
EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV t CODE, SECT~O,N~551 001,
ET SEQ ! (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS O~]~TING
AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSI~~~N
THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE W~-I ~'~E~S
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 0~1-
551 086 OF THE TEXAS OPEN MEETINGS ACT
City of Denton City Council Agenda
July 17, 2001
Page 2
Regular Meeting of the City of Denton City Council on Tuesday, July 17, 2001 at 6 00 p m an
the Council Chambers at City Hall, 215 E McKinney Street, Denton, Texas at which the
following items will be considered
1 Pledge of Allegiance
A U S Flag
B Texas Flag
"Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and lnthvlslble"
PRESENTATIONS
2 July Yard of the Month Awards
3 Keep Texas Beautiful Awards for Denton
4 Presentation of the Distinguished Budget Presentation Award for the City of Denton
FY2000-2001 Budget by the Government Finance Officers Association (GFOA)
CITIZEN REPORTS
5 Joe Plnson regarding garbage collection
6 Tom AtkIns regarding City Health Insurance
7 Gerald DeMarsh regarding procedures at the Pohce Department
NOISE EXCEPTIONS
8 Consider adoption of an ordinance granting a three-year exception, pursuant to Section
20-1(c)(2) of the Code of Ordinances (Noise Nuisances), to the limitations imposed by
that section with respect to hours of operation of an amplified loudspeaker system for the
North Texas State Fair Association
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the S*,aff recommendations Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations
The City Council has received background information and has had an opportunity to raise
questions regarding these Items prior to consideration
Listed below are bids, purchase orders, contracts, and other items to be approved for
payment under the Consent Agenda (Agenda Items 9-35) This listing IS provided on the
Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of
the Consent Agenda If no items are pulled, Consent Agenda Items 9-35 below will be approved
with one motion If items are pulled for separate discussion, they will be considered as the first
items following approval of the Consent Agenda
City of Denton City Council Agenda
July 17, 2001
Page 3
9 Consider adoption of an ordinance supercedIng and repealing Ordinance No 2000-247 to
add a school zone for Wayne Ryan Elementary School, designating and establishing a
school safety speed zone, reducing the maximum prima facle speed limit for said school
safety speed zone to a speed found to be reasonable and safe by the Engineering and
Transportation Department investigations for the designated hours, providing for school
bus loading zones at certain schools, providing a penalty of a fine not to exceed two
hundred dollars ($200 00), providing a severabIhty clause, providing for publication, and
declaring an effective date
10 Consider approval of a resolution approving the Fiscal Year 2002 Financial Plan of the
Denco 9-1-1 District, pursuant to the Texas Health and Safety Code, Chapter 772, as
amended, and providing an effective date
11 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute a Professional Services Agreement in the form of Task Order No 0l-
C with R J Covington Consulting for services relating to transition services for Denton
Municipal Electric, authorizing the expenditure of funds therefor, and prowdlng an
effective date
12 Consider adoption of an ordinance authorizing the City Manager to execute a Water Main
Cost Participation Agreement between the City of Denton and Wynne/Jackson Lakes
Development, L P for the city's participation in the oversizmg of water mains and in
accordance w~th the terms and conditions of this ordinance, authorizing the expenditure of
funds therefor, and providing an effective date
13 Consider adoption of an ordinance authorizing the City Manager to execute a Sewer
Main Cost Participation Agreement between the City of Denton and Wynn/Jackson
Lakes Development L P for the city's participation ~n the oversizlng of sewer mains and
manholes and in accordance with the terms and conditions of this ordinance, authorizing
the expenditure of funds therefore, and providing an effective date
14 This Item has been pulled from consideration
15 Consider adoption of an ordinance amending Ordinance No 2000-428 prescribing the
number of positions in each classification of pohce officer, providing a savings clause,
providing a severabihty clause, and declaring an effective date
16 Consider approval of a resolution naming the tennis courts in Avondale Park after Mabel
Craven, and declaring an effective date
17 Consider approval of a resolution of the City of Denton, Texas calling a pubhc hearing to
consider estabhshlng Reinvestment Zone IV for Sally Beauty Company, Inc, ratifying
prior actions, and declaring an effective date
18 Consider approval of a resolution of the City of Denton, Texas calling a public hearing to
consider establishing a Reinvestment Zone V for Peterbilt Motors Company, a division of
PACCAR, Inc, ratifying prior actions, and declaring an effective date
C~ty of D~nton City Council Agenda
July 17, 2001
Page 4
19 Consider approval of a resolution by the City of Denton, Texas, authorizing the Cny
Manager to sign and submit an amendment to the 2000 Action Plan for Housing and
Community Development submit~ed ~n June 2000 to the U S Department of Housing and
Urban Development w~th appropriate certifications, as authorized and required by the
Housing and Commumty Development Act of 1990, as amended, and prowd~ng an
effective date
20 Consider adoption of an ordinance of the C~ty of Denton anthonzing a service agreement
~n the amount of $7,500 00 (seven thousand five hundred dollars) w~th the Boys & Girls
Clubs of Denton County to provide a summer day care program to youth ages 6-12 living
~n~Southeast Denton, providing for the expenditure of funds therefore, and prowd~ng for
an effective date
21 Consider approval of a resolution of the City of Denton, Texas approwng the 2002
Budget of the Denton Central Appraisal Dxstnct, and declaring an effective date
22 Consider approval of a tax refund to Ruby Tuesday Inc m the amount of $1,378 61 The
2000 property tax was paid twxce
23 Consider approval of a tax refund to Andrew Velayos Etal m the amount of $1,386 75
The 2000 property tax was prod twice
24 Consider adoption of an ordinance providing for the expenditure of funds for the
emergency purchase of repmrs to #5-1 boiler feed pump motor ~n accordance w~th
prowsions of State law exempting such purchases from reqmrements of competmve
bidding, and providing an effective date (Purchase Order 15758 to Shermco Industries,
Inc In the amount of $31,798)
25 Consider adoption of an ordxnance accepting competxt~ve bxds by way of an Interlocal
Agreement with the Texas Municipal Power Agency (TMPA) and awarding a contract
for the purchase of ERCOT Polled Settlement Meters (EPS) from TMPA, provxdlng for
the expenditure of funds therefore, and providing an effective date (Purchase Order
14506 - TMPA in the amount of $77,680 23)
26 Consxder adoptxon of an ordinance accepting competitive b~ds by way of an Interlocal
Agreement w~th Denton County and awarding a contract for the purchase of Office
Furniture, providing for the expenditure of funds therefore, and providing an effective
date (File 2653 - Interlocal Agreement for Furmture w~th Denton County, contract
awarded to McK~uney Office Supply, Purchase Order 15648 In the amount of
$90,694 12)
27 Consider adoption of an ordinance accepting competxtIve bids and awarding a contract
for the purchase of two 17,500 lb Gross Vehicle Weight cab chassis and one ½ ton
p~ckup, prowding for the expenchture of funds therefore, and providing an effective date
(Bid 2676 - Fleet Vehicles awarded to the lowest bidder Village Ford ~n the total amount
of $82,594)
City of Denton City Council Agenda
July 17, 2001
Page 5
28 Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of printing, typesetting, distribution and advertisement sales for the
Parks and Recreation Department's PLAY Seasonal Brochure, providing for the
expenditure of funds therefore, and providing an effective date (Bid 2681 - Parks &
Reareat~on Seasonal Brochure awarded to the lowest bidder for each section an the gross
amount of $36,662 less $12,000 (Estimate Ad Revenue) for a net estimated cost of
$24,662)
29 C0ns~der adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of manhole epoxy coating eqmpment and trailer, providing for the
expendature of funds therefore, and providing an effective date (Bid 2682 - Manhole
Epoxy Coatmg Eqmpment and Trailer awarded to the lowest bidder, Raven Lamng
Systems in the amount of $96,000)
30 Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the purchase of gasoline and diesel fuel, providing for the expenditure of
funds therefore, and providing an effective date (B~d 2684 - Gasoline and Diesel Fuel an
the emmated amount of $1,200,000)
31 Consider adoption of an ordinance of the C~ty of Denton, Texas amending Ordinance No
2001-210 authorizing the payment of the award of Specml Commissioners into the
registry of the court in condemnation proceeding styled The State of Texas and Ctty of
Denton, Texas v Tex Morgan Martin, Cause No ED-2000-0121 l, in an amount not to
exceed $39,990
32 Consider adoption of an ordinance of the City of Denton, Texas authorizing payment of
the award of Spemal Commissioners into the registry of the court in condemnation
proceeding styled The State of Texas and Ctty of Denton, Texas v Koshrow Sadeghtan,
Cause No ED-2001-00356
33 Consider adoption of an ordinance of the City of Denton, Texas approving an agreement
between the City of Denton and Andrew Corporation, relating to the purchase of street
right-of-way and easements in the G Walker Survey, Abstract 1330 and the D Lambert
Survey, Abstract Number 784, Denton County, Texas and other considerations regarding
the pending Colorado/Mayhfll/Edwards Paving and Drmnage Improvements Project,
authorizing the expenditure of funds therefore, and providing an effective date
34 Consider and take action on a request for rehef from the Non-Residential Interim Zomng
Regulations, Ordinance 2000-069 for a 0 25 acre property located at 1604 North Elm
The property is in a General Retail (GR) zoning district A Planned Development (PD)
zomng district to allow resldentml and office/retml uses is proposed (RN-Oi-OOOD
35 Consider adoption of an ordinance of the C~ty of Denton, Texas authonmng the City
Manager to execute an agreement for Professional Legal Services with Lloyd, Gossehnk,
Blevlns, Rochelle, Baldwin & Townsend, P C, for legal services pertmmng to
representation of the City before the Pubhc Utilities Commission of Texas, in the areas of
public utility regulatory law and admmlstratlve law, respecting the activities of Denton
Municipal Electric, authonzmg the expenditure of funds therefore, prowdlng for
retroactive effect of the agreement, and providing an effective date
City of D~nton City Council Agenda
July 17, 2001
Page 6
PUBLIC ,ttEARINGS
36 A Consider adoption of an ordinance on second reading to lnvoltmtarfly annex
approximately 46 acres of land generally located south of Blagg Road,
approximately 1000' west of Lakevlew Boulevard in the eastern section of the
City of Denton Extraterritorial Junsdmtlon (ETJ) (A-OI-O002)
B Hold a public hearing and consider adoption of an ordinance approving the
zoning, upon annexation, of approximately 46 acres of land, to an Agriculture (A)
land use classification and zoning district The site ~s generally located on the
south side of Blagg Road, approximately 1000' west of Lakevlew Boulevard The
Planning and Zoning Commission recommends approval (7-0) (Z-Ol-O004)
37 Hold the first of two public heanngs regarding a proposed voluntary annexation and
service plan for approximately 72 3 acres of land in the northern section of the City of
Denton Extraterntonal JUrlsdmtlon (ET J) The site is generally located north of Loop
288, east of Stuart Road and west of Sherman Drive (A-OI-OOOD
38 Hold a public hearing and consider adoption of an ordinance rezomng a 5 0 acre property
from a One-Family Dwelling (SF-10) zoning district to a Planned Development (PD)
zoning district and approving a Detailed Plan for that purpose The property is generally
located west of Old North Road approximately 200 feet south of Foxcroft Lane A
single-family subdivision is proposed The Planning and Zoning Commission
recommends approval (6-0) with conditions (Z-00-0023)
39 Hold a public hearing and consider adoption of an ordinance approving an amended
Concept Plan for the Planned Development 173 (PD-173) zoning d~stnct The 2,725 acre
property is generally located north of Robson Ranch (formerly Crawford) Road, south of
Lively Road, and east of Florence Road and is commonly known as the Robson Ranch
development An amendment to permit the drilling and extraction of natural gas on the
Robson Ranch development and to modify landscaping requirements is proposed The
Planning and Zoning Commission recommends approval (4-2) with conditions (Z-01-
0007)
40 Hold a public hearing and consider adoption of an ordinance rezomng 0 41 acres,
commonly known as 1414 Elm Street, from an Office (O) zoning district to a General
Retail conditioned (GR[c]) zomng district General retail uses are proposed The
Planning and Zoning Commission recommends approval (6-0) with conditions (Z-01-
0014)
41 Hold a public hearing and consider adoption of an ordinance amending Subsection 35-
7(b)(3)b 1 of the Denton Code of Ordinances to eliminate the mandatory period for
referring a zoning case from the Planning and Zoning Commission to the City Council
after a Planning and Zoning Commission recommendation The Planning and Zoning
Commission recommends approval (5-0) (Z-01-0023)
42 Hold a public hearing and consider adoption of an ordinance rezomng approximately
0 54 acres, commonly known as 2400 E University, from a Planned Development (PD-
14) zoning district to a Commercial (C) zoning district Retml and commercial uses are
proposed The Planning and Zomng Commission recommends approval (5-0) (Z-01-
0018)
C~ty of Denton C~ty Council Agenda
July 17, 2001
Page 7
43 Hold a pubhc heanng and consider adoptmn of an ordinance estabhsh~ng maximum
permitted rates and charges that TXU Gas D~stnbut~on may assess res~dentml and
commennal customers ~n the C~ty of Demon, approwng rates for ~ndustnal customers ~n
the C~ty of Denton estabhshed by contract between TXU Gas D~stnbut~on and such
~ndustnal customers, adoptmg declarations and findings related to rates and charges
assessed to remdentml, commercial and ~ndustnal customers ~n the C~ty of Denton,
repeahng Ordinance No 99-059, prowd~ng a severabthty clause, and providing an
effective date
ITEMS FOR INDIVIDUAL CONSIDERATION
44 Consider and take action on a request for rehef from the Residential Interim Zomng
Regulations, Ordinance 2000-046 for a 95 6-acre property generally located east of
Bonnie Brae and west of H~ghway 377 The property ~s ~n an Agricultural (A) zomng
d~stnct A s~ngle-fannly subd~ws~on ~s proposed (RR-OI-O007)
45 Consider approval of a resolution approwng a Non-res~denUal ProJect Plan request for a
1 32-acre property located on the north s~de of Colorado east of San Jacmto A car wash
and car servme cemer ~s proposed (SP-O0-O010)
46 Announcement of Councd Member Raymond Redmon's conflmt of ~nterest ~n the
Commnn~ty Development Block Grant Program through partm~paUon ~n the Rental
Rehabd~tat~on Program ~n accordance w~th the reqmrements of 24 CFR 570 611
47 Consider nominations and appointments to the C~ty's Boards and Commissions
48 New Business
Th~s ~tem prowdes a section for Council Members to suggest ~tems for future agendas
49 Items from the C~ty Manager A Notfficat~on of upconnng meeUngs and/or conferences
B Clarification of ~tems on the agenda
C Recogmt~on of staff accomphshments
50 Possible Contmuat~on of Closed Meeting under Sections 551 071-551 086 of the Texas
Open Meetmgs Act
51 Officml Action on Closed Meetang Item(s) under Sections 551 071-551 086 of the Texas
Open Meetmgs Act
CERTIFICATE
I cerhfy that the above notme of.n)_e, eJ~ng was po.~ed o~n the bulleUn board at the Crty Hall of the
CltyofJ;)elltoxn, Texas, onthe /~J~ day of ~J'{.L/Ja'_f ,2001at ~__o'clock
(a m)~ ~/~ ~ ~-,/~/~)1/~~-/~/~'~ ~'
~/- -CITY SECRETARY /
C~ty of DOnton C~ty Council Agenda
July 17, 2001
Page 8
NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEET1NG
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-
TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE
CITY SECRETARY'S OFFICE
AGENDA INFORMATION SHEET
AGENDA DATE: July 17, 2001
DEPARTMENT C~ty Manager's Office
CM/DCM/ACM: M~chael A Conduff, C~ty Manager
SUBJECT:
Consider adoption of an ordinance granting a three-year exception, pursuant to Section 20-
1(c)(2) of the Code of Ordinances (Noise Nuisances), to the hm~tatlons ~mposed by that section
w~th respect to hours of operation of an amphfied speaker system for the North Texas State Fair
Assoc~atlon
BACKGROUND:
Mr B~ll Allen, President, and Mr Ken Burdock, Executive D~rector of the North Texas Fair
Assocmt~on, have requested a three-year exception to the no,se ordinance for the annual North
Texas State Fair and Rodeo (Attachment 1) The purpose of the exception ~s to allow the use of
amphfied~loudspeakers for rodeo events and musical entertainment The Fair ~s held each year ~n
late August at the North Texas Fairgrounds located at 2217 North Carroll Boulevard, and the
organization ~s requesting that the exceptmn be granted for the £ollow~ng hours
Monday-Thursday until 12 00 m~dmght
Friday and Saturday until 1 00 a m
Stmday from 8 00 a m until 11 00 p m
Th~s request ~s for the same hours requested m the exception granted ~n 1998 In addtt~on, the
North Denton Commumty Group has been made aware of the request for the multi-year
exception
In June of 1995, the C~ty Council approved Resolution R95-030 (Attachment 2) which allows
Council to grant three-year exceptions to the no~se ordinance for annual events which have
demonstrated a minimum of three consecutive years of responsible act~wty m counect~on w~th
the use of amplified sound The North Texas State Fair Association was granted a three-year
except~or~ to the no~se ordinance m 1995 (Attachment 3 - Ordinance No 95-126) and was
granted ~nother three-year exception m 1998 (Attachment 4 - Ordinance No 98-144) In
response to previous concerns expressed by the neighborhood regarding th~s annual event,
Ordinance No 97-352 (Attachment No 5) was adopted to regulate parking during the Fair
Pohce D~partment records red,cate that they received two no~se disturbance calls referencing
act~wty at the fmrgrounds ~n 1998, four no~se disturbance calls m 1999, and s~x calls m 2000 In
addition, Mr Allen and Mr Burdock have recexved a copy of the proposed no~se ordinance that ~s
under consideration and are aware of the provisions made within They are prepared to meet the
new noise nuisance provisions
The North Texas State Fatr Assoclatmn has been informed that should Council approve this
request, responsible use of amplified sound is still required by Section 20-1 of the City of Denton
Code of Ordinances In particular, Section 20-1 (a) states
It shall be unlawful for any person to make or cause any unreasonably loud,
disturbing, unnecessary noise whmh causes or may cause material d~stress,
discomfort or injury to persons of ordinary senslblhtles in the immediate VlC~mty
thereof
ESTIMATED SCHEDULE OF PROJECT:
The annual North Texas State Fair and Rodeo takes place for eleven days between August 15
and August 31 each year
PRIOR ACTION:
Ordinance No 95-126 approved by a vote of 5-2 in 1995
Ordinance No 98-144 approved unanimously ~n 1998
OPTIONS:
1 Approve ordinance as presented
2 Approve ordinance with amendments
3 Deny ordinance
RECOMMENDATION:
Approve ordinance as presented
Respectfully Submitted,
Betty Williams
Director of Management & Public Information
Attachments 1 North Texas State Fmr Assocmt~on request
2 Resolution 95-030
3 Ordinance No 95-126
4 Ordinance No 98-144
5 Ordinance No 97-352
6 Map of the Fturgrounds and surrounding neighborhood
7 Chapter 20 - Nuisances - Code of Ordinances
8 Proposed Ordinance
ATTACHMENT
...... -R T .i,VED
JUN 20 2001
CITY MANAGER'S OFFICF' j
June 18, 2001
President
Bdl Allen Denton City Council
V,ce Pres,dent 215 East McKlnney Street
Glenn Carlton Denton, Texas 76201-,~229
R D Mart~n
Secretary
Carl Anderson
Treasurer To Members of the Denton City Council
Harry Hall
Directors The North Texas State Fair Association respectfully requests a special
Lloyd Ballard exception for the use of loudspeakers, amplifiers, and musical instruments for
Robert Bell the purpose of conducUng the North Texas State Fmr and Rodeo This is
M,ck,e Blagg necessary for announcing the Rodeo and having bands on stage We are
Jerry Cobb
Mark Foster askdng for the same time as approved in 1998, which IS 12 00 midnight,
Fred Harper Monday through Thursday, 1 00a m, Friday and Saturday, and 11 00p m on
Dale Irwin Sunday
Wayne Johnson
Jeff Krueger The location is 2217 North Carroll Boulevard, North Texas State Fairground
Troy LaOrone In Kimbrough Park
Weldon Lucas
Dale McKmght
James Roden The Fair is a major actavlty of this community and has for 73 years been a
scott Rmhtor cornerstone to the quahty ofhfe may of us hold dear Definitely, a part of the
Ex Off~c~o D~rectors heritage of this area, North Texas State Fair and Rodeo continues to hold a
K~rkWdson place in the hearts and minds oCthe people Our de&cation is to youth,
County Judge agriculture, and community
M~chaol Joz
City Manager
Chuck Carpenter
President of Chamber SlncereLv,,
Executive Director ..
Ken Burdock
Bill Allen
President Executive Director
2217 NORTH CARROLL P 0 BOX 1695 DENTON, TEXAS 76202 (940) 387 2632 FAX (940) 382 7763
www northt~asstatefalr eom
az'mueven rea ATTACHMENT 2
RESO TION NO R 5--O
A RESOLDTION OF THE CITY OF DENTON, TEX~S APPROVING ~ ORDIN.~I'CE
COMPLI~CE WITH T~E CITY'S NOISE ORDIN~CE, EXCEPTIONS TO THE
LIMITATIONS IMPOSED BY SECTION 20-1(C) (2) OF THE CODE OF ORDIN~CES
OF THE CITY OF DENTON, TE~S, WITH RESPECT TO HO~S OF OPE~TION OF
~ ~PLIFIED LO'SPEWER SYSTEM, PURSUIT THE PROVISIONS OF T~T
SECTION
~EREAS, a nu~er of annual events tak~n~ place ~n the C~ty of
Denton utll~ze ampllf~ed loudspeaker systems in connection with
their fest~v~tles, and
~EREAS, many of these events contribute to an ~ncreased
quality of l~fe for many of Denton's c~t~zens, and help to promote
tourism and commerce, and
~EREAS, many of these events seek authorization from the C~ty
Councll to utlllze such loudspeaker systems after the hours
normally approved by the Code of Ordinances, and
~EREAS, the City Council wlshes to recognize and reward those
or~an~zatlons sponsorln~ annual events whlch have demonstrated a
past history of responsible operation of such amplified loudspeaker
systems by el~mlnatln~ the need to seek authorization for the same
event each year, and
~EREAS, the Clty Councll hopes that such a pro~ram will
provide an ~ncentlve for other annual events to operate amplified
loudspeaker systems in a responsible fashion, NOW, THEREFORE,
THE CO~CIL OF THE CITY OF DENTON, TE~S HEREBY RESOLVES
SECTION I That the ordinance format attached hereto as
Exhibit A ~s hereby approved for ~rant~n~ ongoing exceptions to
Section 20-1(c) (2) of the Code of Ordinances of the City of Denton,
Texas, w~th respect to hours of operatlon of amplified loudspeaker
systems, pursuant the prov~slons of that section
~ That, ~n order to qualify for conslderatlon of an
ordinance of the t~e attached hereto, the C~ty Council intends
that such annual events shall have demonstrated a minimum of three
consecutive years of responsible activity in connection with the
use of such ampl~fled loudspeakers pursuant to prior ordinances
~rant~n~ exceptions to Section 20-1(c) (2) of the Code of Ordinances
of the City of Denton, Texas
SECTION III That the duration of ordinances of the format
attached hereto should not ordinarily exceed three years
SECTION IV. That this resolution shall become effective ~mme-
dlately upon its passage and approval /%
PASSED AND APPROVED this the~ day of~J.~t~, ,
1995
BOB CASTLEBERRY, MAYO/
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APP~ED AS~TO LEGAL FORM
MICHAEL A BUCEK, ACTING CITY ATTORNEY
PAGE 2
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTION 20-1(e) (2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, AN EXCEPTION TO TEE LIMITATIONS IMPOSED BY THAT SECTION WITH
RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM,
AND SETTING AN EFFECTIVE DATE
WHEREAS, pursuant to §20-1(c) (2) of the Code of Ordinances of
the City of Denton, Texas, (name of Derson or entity responsible)
has made application to the City Council for an exception to the
provision of that same section restricting the operation of ampli-
fied loudspeakers after 10 00 p m , in connection with the (name
of annum1 event) annual event held at (location of event) , and
in connection with said request, has requested the exception to be
granted on an ongoing basis for said annual event at said location
(state t~ of event, e.~., on the third weekend of each October) ,
and
WEEREAS, upon prior application and approval by the City
Council of the City of Denton, Texas, (name of person or entity
responsible) has consistently demonstrated over the past (~ of
years) years an ability to responsibly operate amplified loud-
speakers in connection with the (name of annual event) annual
event held at (loca~ion of event) , at times past the hours
defined in ~20-1{c) (2} of the Code of Ordinances of the City of
Denton, Texas, within the public interest and without materially
disturbing persons of ordinary sensibilities in the immediate
vicinity thereof, and
WHEREAS, based upon this past history, the City Council of the
City of Denton, Texas finds that granting an exception for this
annual event on an ongoing basis, subject to the restrictions
contained herein, would serve the public interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That, pursuant to ~20-1(c) (2) of the Code of
Ordinances, (~e of person or entity resDonsible) is hereby
granted an exception said section's 10 00 p m limitation upon the
operation of amplified loudspeakers, sub]ect to the conditions
listed below
[list conditions here, which could include, among other
things, the following:]
I This exception is granted only in connection with the
operation of the (name of annual event) annual event at
(location of event) , on (state time of event, e.q., on the
third weekend of each October)
2 (~e of person or entity responsible) agrees to take
full responsibllmty for ensurmng that the condmtlons of thms
exceptmon are met, and to take all reasonable measures
necessary to avoid disturbing persons of ordinary sensmbllm-
ties in the mmmedmate VlCmnlty of the event
3 (~ame of person or entity responsible) agrees to cease
using amplmfied loudspeakers at (11~$0 p.m.)
4 Under no circumstances shall the annual event employ the
use of amplified loudspeakers between the hours of 12 00 mid-
night and 7 00 a m
5 This ordmnance confers no personal or property rights,
and may be amended, modmfmed, superseded or revoked mn whole
or mn part at the will of the Cmty Councml of the C~ty of
Denton, Texas, without any advance warnmng, hearmng or compen-
sation, for any reason at all, or for no reason
6 Thms ordinance shall be strictly construed as an excep-
tmon granted pursuant to §20-1(c) (2) of the Code of Ordmnances
of the City of Denton, Texas The City of Denton, Texas
expressly reserves unto mtself and all other persons any and
all legal remedles, clvml or cr~mmnal, relating to excessive
noise in connectmon wmth thms annual event, and hereby
claims any prommssory or equItable estoppel which might mn any
way ~mpede the pursumt of such remedies by any person
[add other provisions as desired, e.g., not within 300' of a
church, school or hospital; not within 100' of residentially
zoned property, etc.]
SECTION II. That thms ordinance shall become effective
mmmedmately upon mrs passage and approval, and expire three years
hence, unless sooner repealed, modmfmed or rescmnded
PASSED AND APPROVED thms the day of ,
19
BOB CASTLEBERRY, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
PAGE 2
APPROVED AS TO LEGAL FORM
MICI-LAEL A BUCEK, ACTING CITY ATTORNEY
BY
PAGE 3
~ \wv~ocs\o~o\~a=~ o ATTACHMENT $ i 5 1
ORDINANCE NO ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTION 20-1(c) (2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH
RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM,
AND SETTING AN EFFECTIVE DATE
W~EREAS, pursuant to §20-1(c) (2) of the Code of Ordinances of
the City of Denton, Texas, North Texas State Fair Assoclat~on has
made appllcat~on to the City Councxl for an exception to the
provision of that same section restricting the operation of ampli-
fied loudspeakers after 10.00 p m , in connection with the North
Texas State Fair And Rodeo annual event held at 2217 North Carroll
Boulevard, North Texas State Fairgrounds, and in connection w~th
said request, has requested the exception to be granted on an
ongoing basis for said annual event at said location for eleven
days between August 15 and August 31 of each year, and
WHEREAS, upon prior application and approval by the City
Council of the City of Denton, Texas, North Texas State Fair
Association has consistently demonstrated over the past three years
an ability to responsibly operate amplified loudspeakers in
connection with the North Texas State Fair and Rodeo annual event
held at 2217 North Carroll Boulevard, North Texas State Fair-
grounds, at times past the hours defined in §20-1(c) (2) of the Code
of Ordinances of the City of Denton, Texas, within the public
· nterest and without materially disturbing persons of ordinary
sensibilities in the immediate vicinity thereof, and
WHEREAS, based upon this past h~story, the City Co~qno~l of the
City of Denton, Texas finds that granting an exceptl~n for this
annual event on an ongoing basis, subject to the restrictions
contained herein, would serve the public interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I, That, pursuant to §20-1(c) (2) of the Code of
Ordinances, North Texas State Fair Assoc~atlon is hereby granted an
exception to this section's 10 00 p m limitation upon the
operation of amplified loudspeakers, subject to the conditions
listedlbelow.
I This exception is granted only in connection with the
operation of the North Texas State Fair and Rodeo annual event
at 2217 North Carroll Boulevard, North Texas State Fair-
grounds, for eleven days between August 15 and August 31 of
each year
2 North Texas State Fair Assoc~ation agrees to take full
10
152
responsibility for ensuring that the conditions of this
exception are met, and to take all reasonable measures
necessary to avoid disturbing persons of ordlna~ sensibili-
ties in the lmmed~ate vicinity of the event
3 North Texas State Fair Association agrees to cease using
amplified loudspeakers at 12~00 mi~ight Monday through
~ursday, 1500 a.m. Friday and Saturday ~d 11500 p.m. on
S~day ·
4 Under no circumstances shall the annual event employ the
use of amplified loudspeakers between the hours of 1 00 a m
and 7 00 a m
5 This ordinance confers no personal or property rights,
and may be amended, modlf~ed, superseded or revoked in whole
or in part at the will of the City Council of the City of
Denton, Texas, without any advance warning, hearing or compen-
sation, for any reason at all, or for no reason
6 This ordinance shall be strictly construed as an excep-
tion granted pursuant to §20-1(c) (2) of the Code of Ordinances
of the City of Denton, Texas The City of Denton, Texas
expressly rese~es unto itself and all other persons any and
all legal remedies, civil or criminal, relating to excessive
no~se ~n connection with th~s annual event, and hereby d~s-
claims any promlsso~ or e~ltable estoppel which might in any
way ~mpede the pursuit of such remedies by any person
~ That this ordinance shall become effective
immediately upon its passage and approval, and e~lre three years
hence, unless sooner repealed, modlfl~ or re~ lded
P~SED AND APPRO~D this the day of ~
ATTEST' ~7
JE~IFER W~TERS, CI~ SECRETLY
HER~RT L. ~RO~Y, CI~ ATTO~EY
Page
ATTACHMBNT 4
299
NO cig - I
OF T.E CITY OF DEMON, TEX S,
SECTION 20-1(c)(2) OF ~ CODE OF O~CES OF THE CITY OF DE~ON, TE~S,
~ EXCEPTION TO THE L~TATIONS ~OSED BY T~T SECTION ~TH ~SPECT
TO HO~ OF OPE~TION OF ~ ~L~D LO'SPEaR SYSTEM, ~
PROVinG ~ EFFECTWE DATE
~, by ~dm~ce No 95-126, ~e C~ Co.cfi ~t~ ~e No~h Tex~ S~te Fmr
~socmt~on a ~ee-ye~ exc~tion from ~e r~u~emen~ of Sec~on 20-1(c)(2) of ~e Code of
Ordinates of~e CxW of Denton, Tex~ ¢'Code') ~d ~at exc~on h~ exp~, ~d
~AS, p~u~t to Sechon 20-1(c)(2) of ~e Code, No~ Tex~ State Fmr Assocm~on
~ mMo ~plma~on to ~e Ci~ Co.cfi for ~ exc~tlon to the prowsxon of ~t Nme section
resmc~g ~e opera,on of ~phfl~ lou~e~ ~er 10 00 p m, m co~ection w~ ~e No~
Tex~ S~te F~ ~d Rodeo ~ual event held at 2217 No~ C~oll Boffiev~d, No~ Tex~ S~te
F~ m ~bmu~ P~k, ~d m co~on m~ smd request, h~ r~uest~ ~e exc~on m
be ~ted on ~ ongomg b~ts for smd ~ual event at smd locahon for eleven ~ys be~n
Aunt 15 ~d Aunt 31 ofe~h ye~, ~d
~AS, upon pnor ~phcat~on ~d ~prov~ by ~e Ci~ Co.cfi of~e Ct~ of Denton,
Text, No~ Tex~ S~te F~ ~socta~on hm comistently demom~t~ over ~e p~t ~ y~
~ abxh~ ~ respomlbly op~te mphfied lou&pe~e~ ~n co~ec~on wl~ ~e No~ Tex~ S~te
F~ ~d Rod~ ~ml ev~t held at 2217 No~ C~oll Boulev~d, No~ Tex~ S~te F~o~ds,
at meN prat ~e horn de~ m ~20-1(c)(2) of ~e Code, ~ ~e pubhc mterest ~d ~out
Nattily dls~bmg pe~om ofor~ semtbih~es ~n ~e ~me ~c~m~ ~f, ~d
~, b~ upon ~s p~ ~sto~, ~e Ci~ Co.cfi of ~e Cl~ of Dmton, Tex~
finds that ~tmg ~ exc~txon for ~s ~ual ev~t on ~ ongomg b~ls for a ~ee-y~ period,
subj~t to ~e r~ctiom contm~ h~m, would se~e ~e pubhc xnte~st, NOW, T~FO~,
~ CO~C~ OF ~ CITY OF DE~ON ~BY O~S
SECTION I ~t, p~u~t m ~20-1(c)(2) of ~e Code of ~dtn~ces, No~ Tex~ State
F~ ~som~on Is h~by ~t~ ~ exc~txon m t~s s~tloffs 10 00 p m l~t~t~on upon ~e
op~atlon of ~phfi~ lou&pe~ers, subj~t m ~e con&tiom hsted below
I ~s exertion ts ~t~ o~v m court,on wl~ ~e option of the No~ Tex~
S~te F~ ~d Rod~ ~u~ ev~t at 2217 Noah C~ll Boulev~, No~ Tex~ State Fmr-
~&, for eleven ~ys be~een Au~st 15 ~d Au~st 31 ofe~h ye~
2 No~h Texas S~te Fair ~soemtion a~ees to ~e ~11 respons~bflx~ for em~g
~at ~e conditions of tbs exception ~e met, ~d ~ t~e all re~omble mem~es necess~
to avoid &s~bmg person of or&~ semtbfl~tles in ~e ~ate ~cxm~ of~e ev~t
t2
300
3 North Texas State Fair Association agrees to cease using amplified loudspeakers
at 12:00 midnight Monday through Thursday, 1 00 a m Friday and Saturday and
11:00 p.m. on Sunday.
4 Under no circumstances shall the annual event employ the use of amplified
loudspeakers between the hours of 1 00 a m and 7 00 a m
5 This ordinance confers no personal or property rights, and may be mended,
modtfied, superseded or revoked m whole or m part at the will of the City Council of the
City of Denton, Texas, without any advance warmng, heanng or compensation, for any
reason at all, or for no reason
6 Tlus ordinance shall be stnctly construed as an exception granted pursuant to §20-
1(c)(2) of the Code of Ordinances of the City of Dentoth Texas The City of Denton, Texas
expressly reserves unto ~tself and all other persons any and all legal remedies, ciwl or
cnmmal, relatmg to excessive noise in connection with flus annual event, and hereby dls-
claLms any promassory or equitable estoppel which tmght in any way impede the pursmt of
such remedies by any person
SECTION H That flus ordinance shall become effective immediately upon its passage and
approval, and expire three years hence, unless sooner repealed, mo&fled or rescmded
PASSED AND APPROVED tlus the c~/1~ day of {?,~z~u ~ _ ,1998
JACK ~'I, YLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
2 1 4c'\wPDOCS\ORD\FAIRPARK ORD ATTACHMENT
ORDINANCE NO. ~' .3~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGULATING PARKING OF
VEHICLES EACH YEAR DURING THE NORTH TEXAS STATE FAIR AND RODEO BY
TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF
CARROLL BOULEVARD FROM ITS INTERSECTION WITH ROSS STREET TO ITS
INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET
FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION
WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS
INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE
STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH
SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE sOUTH SIDE
OF ROSS STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE
FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION
WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS
INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH
BOLIVAR STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO
HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
THE cOUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~ That from the opening day of the North Texas State
Fair and Rodeo until the closing day, when signs are erected giving
notice thereof, parking shall be prohibited upon the following
streets or portions thereof, in the City of Denton to-wit:
Both sides of Carroll Boulevard from its intersection with Ross
Street to its intersection with Headlee Street;
The west-side of Denlson Street from its intersection with
University Drive to its intersection with Sherman Drive;
The east side of Denlson Street from lts lntersect~on w~th
Sherman Drive to ~ts intersection w~th Headlee Street;
The west side of Bolivar Street from its ~ntersect~on with
Sherman Drive to its intersection with Fa~n Street;
The south side of Ross Street from its intersection with
Carroll Boulevard to 1ts intersection with Bolivar Street,
The north side of Strata Drive from its lntersect~on with
Carroll Boulevard to its lntersectlon with Mesquite Street, and
The north side of Fain Street from its Intersection with
Carroll Boulevard to 1ts ~ntersectlon with Bolivar Street.
~ That these no parking regulations shall be
effective each year from the opening day of the North Texas State
Fair and Rodeo until the closing day unless revoked by the C~ty
Council.
215
SECTION III. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION IV. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued
thereunder, shall be guilty of a misdemeanor punishable by a fine
not exceeding Two Hundred Dollars ($200.00). Each such person
shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of this ordinance is
committed, or continued, and upon conv~ction of any such violations
such person shall be punished within the limits above.
SECTION V. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twlce in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage. ~__~ ~,
PASSED AND APPROVED this the day of 1997
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
16
ATTACHMENT 7
Chapter 20
NUISANCES*
Art. I. In General, §§ 20-1--20-30
Art II. Abandoned Property, §§ 20-31--20-70
D~v 1 Generally, §§ 20-31--20-40
D~v 2 Motor Veincles, §§ 20-41--20-70
Art IH. Grass and Weeds, §§ 20-71--20-73
ARTICLE I IN GENERAL
Sec 20-1. No~se.
(a) It shall be unlawful for any person to make or cause any unreasonably loud,
dmturbmg, unnecessary nmse winch causes or may cause materml dmtress, discomfort or
injury to persons of ordinary sens~inht~es m the ~mmed~ate wclmty thereof
(b) It shall be unlawful for any person to make or cause any nmse of such character,
~ntens~ty and cantlnued duration as to substantmlly interfere w~th the comfortable enjoyment
of private homes by persons of ordinary sens~bd~tles
(c) The following acts, among others, are declared to be no~se nmsances m wolat~on of th~s
Code, but such enumeration shall not be deemed to be exclusive
(1) The playing of any phonograph, telewmon, radio or any musical ~nstrmnent m such
manner or w~th such volume, particularly between the hours of 10 00 p m and 7 00
a m, as to annoy or disturb the qmet, comfort or repose of persons of ordinary
sens~b~ht~es m any dwelhng, hotel or ether type or residence,
(2) The use of any stationary loudspeaker, amphfier or musical instrument m such
manner or w~th such volume as to annoy or d~sturb persons of ordinary sens~bd~t~es
m the ~mmed~ate v~cimty thereof, parbcularly between the hours of 10 00 p m and
7 00 a m, or the operation of such loudspeaker, amphfler or musical instrument at
any t~me on Sunday. prowded, however, that the c~ty council may make exceptions
upon apphcat~on when the pubhc interest w~ll be served thereby,
(3) The blowing of any steam winstle attached to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle w~tinn the c~ty hm~ts, except to g~ve
not~ce of the t~me to begin or stop work or as a warning of danger,
(4) The erectmn, excavation, demoht~on, alteration, or repmr work on any building at
anytime other than between the hours of 6 00 a m and 8 30 p m Monday through
Friday from June 1 to September 30, between 7 00 a m and 8 30 p m Monday
through Friday from October I to May 31, between 8 00 a m and 8 30 p m on
*Cross references--Protected m~gratory b~rd roosts declared nmsance, § 6-87, inspec-
tion and abatement warrants, § 19-86 et seq, ~nsect and rodent control m mobde home and
recreational veincle parks, § 32-91
Supp No 6 1389
§ 20-3 DENTON CODE
Saturday, and between 1 00 p m and 8 30 p m on Sunday, promded, however that the
c~ty council may issue special permits for such work at other hours m case of urgent
necessity and in the Interest of public safety and convenience
(5) The creation of any loud and excessive noise in connection with the loading or
unloading of any vehicle or the opening or destruction of bales, boxes, crates or
containers,
(6) The use of any drum, loudspeaker or other Instrument or dewce for the purpose of
attrartmg attention by the creation of no~ses to any performance, show, theatre,
motion picture house, sale of merchandme or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto
(Code 1966, §§ 14-20, 14-21, etd No 95-184, § I, 9-12-95)
Cross reference-Animal noise, § 6-26
Sec 20-2 Odors
(a) It shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities m the immediate viclmty thereof
(b) It shall be unlawful for any person to create or cause any odor, stench or smell of such
character, strength or cantmued duration as to substantially interfere with the comfortable
enjoyment of private homes by persons of ordinary sensibilities
(c) The following acts or conditions, among others, are declared to be odor nmsances m
v~olatIon of this Code, but such enumeration shall not be deemed to be exclusive
(1) Offensive odors from cow lots, hog pens, fowl coops and other sImdar places where
animals are kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities,
(2) Offensive odors from privies and other similar places,
(3) Offensive odors from the use or possession of chemicals or from industrml processes
or activities wlnch disturb the comfort and repose of persons of ordinary sensibihtles,
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances,
(5) Offensive odors from stagnant pools allowed to remain on any premises or from
rotting garbage, refuse, offal or dead animals on any premises
(Code 1966, §§ 14 22, 14-23)
Sec. 20-3 Garbage, trash and rubbish nuisances--Generally
(a) Storing or keep~nggarbage, trash and rubbish The stonng or keeping of any and all
stacks, heaps or piles of old lumber, refuse, junk, old cars or mactnnery or parts thereof,
garbage, trash, rubbish, scrap material, ruins, demohshed or partly demohshed structures or
buildings, piles of stones, br~cks or broken rocks on any premises bordering any public street
Supp No 6 1390
ATTACHMENT 8
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS,
AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT
TO HOURS OF OPERATION OF AN AMPLiFIED LOUDSPEAKER SYSTEM, AND
PROViDING AN EFFECTIVE DATE
WHEREAS, by Ordinance No 98-144, the City Council granted the North Texas State Fmr
Association a three-year excepUon fi~om the reqmrements of SecUon 20-1(c)(2) of the Code of
Ordinances of the C~ty of Denton, Texas ("Code") and that exception has exptred, and
WHEREAS, pursuant to Section 20-1(c)(2) of the Code, North Texas State Fair Assoctat~on
has made apphcat~on to the City Council for an exception to the pmvlmon of that same seetmn
resmcttng the operation of amphfied loudspeakers after 10 00 p m, in cormectlon with the North
Texas State Fmr And Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State
Fmrgrounds m Kambrough Park, and m connection with smd request, has requested the exceptaon to
be granted on an ongoing basis for smd annual event at smd location for eleven days between
August 15 and August 31 of each year, and
WHEREAS, upon prior apphcatton and approval by the City Council of the Ctty of Denton,
Texas, North Texas State Farr Assomat~on has consistently demonstrated over the past three years
an abthty to responsibly operate amplified loudspeakers in connection w~th the North Texas State
Fair and Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fmrgrounds,
at times past the hours defined m §20-1(c)(2) of the Code, within the pubhc interest and w~thout
materially dasturbmg persons of ordinary sens~bflltaes m the immediate vlc~mty thereof, and
WHEREAS, based upon ttus past lustory, the C~ty Council of the City of Denton, Texas
finds that granting an exception for flus annual event on an ongoing bas~s for a three-year period,
subject to the restnctaons contained hereto, would serve the pubhc interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That, pursuant to §20-1(c)(2) of the Code of Ordinances, North Texas State
Fair Assocmt~on ts hereby granted an exception to tins sectaon's 10 00 p m hm~tatlon upon the
operation of amphfied loudspeakers, subject to the conditions hsted below
1 Tlus exeeptaon is granted only m connectmn with the operatmn of the North Texas
State Fmr and Rodeo annual event at 2217 North Carroll Boulevard, North Texas State Fmr-
grounds, for eleven days between August 15 and August 31 of each year
2 North Texas State Fair Assoemt~on agrees to take full responslbthty for ensunng
that the cond~ttons of this exception are met, and to take all reasonable measures necessary
to avoid dmturb~ng persons of ordinary sensibilities in the immediate vlc~mty of the event
19
3 North Texas State Fair Association agrees to cease using amphfied loudspeakers
at 12'00 mldmght Monday through Thursday, 1 00 a m Friday and Saturday and
from 8'00 a m to 11 00 p.m on Sunday
4 Under no circumstances shall the annual event employ the use of amphfied
loudspeakers between the hours of 1 00 a m and 7 00 a m
5 Thru ordinance confers no personal or property rights, and may be amended,
modified, superseded or revoked m whole or m part at the will of the C~ty Council of the
City of Denton, Texas, without any advance warning, hearing or compensation, for any
reason at all, or for no reason
6 Tlus ordinance shall be strictly construed as an except]on granted pursuant to §20-
1(c)(2) of the Code of Orchnances of the C~ty of Denton, Texas The City of Denton, Texas
expressly reserves unto itself and all other persons any and all legal remedies, c~vfl or
criminal, relat]ng to excessive noise m connection with tbas annual event, and hereby dls-
clmms any promassory or equitable estoppel which m~ght m any way impede the pursuit of
such remeches by any person
SECTION II That tlus ordinance shall become effective immediately upon its passage and
approval, and expire three years hence, unless sooner repealed, modified or rescinded
PASSED A_ND APPROVED th~s the day of ,2001
EULINEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 20
genda No
Agenda IteJ~ ~--~
/
!
AGENDA DATE. ~nl~ l?, ~001
DEPARTMENT. Utd~ty Department
CM/DCM/ACM. Howard Martin, ACM/Utilities 349-8232 ~
sus cT
AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO 2000-247 TO
ADD A SCHOOL ZONE FOR WAYNE RYAN ELEMENTARY SCHOOL,
DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE; REDUCING
THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED
ZONE TO A SPEED FOUND TO BE REASONABLE AND SAFE BY THE
ENGINEERING AND TRANSPORTATION DEPARTMENT INVESTIGATIONS FOR
THE DESIGNATED HOURS; PROVIDING FOR SCHOOL BUS LOADING ZONES AT
CERTAIN SCHOOLS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
HUNDRED DOLLARS ($200 00); PROVIDING A SEVERABILITY CLAUSE,
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE
BACKGROUND
The new Wayne Ryan Elementary School is scheduled to open m August of 2001 Thc location
of the school on tlus rural road suggests the need to provide a 20 mph Safe School Zone The
speed limit is 30 mph but measured speeds are closer to 40 mph Cdy Council and the DISD
Board were briefed on May 16th on the future construction of sidewalks The Oversight
Committee wall be briefed on June I 1, 2001 on the plan of attack for the sidewalks and the
possible funding strategies Thzs school zone was prepared by Danme Cummings of C & P LTD
under our gmdance, to be sure that it was comparable to the existing school zones This request
amends the School Zone Orchnance 99-252 The Zone extends 2071' to cover the crossings of
pedestrians and b~kes at Forrestndge to the south side The south side is most hk¢ly to have
sidewalks extended m the near future to Forrestndge, (the highest concentration of students-68
potential walkers, etc) Forrestndge is also the most likely location of a 3 way stop and then
signalization m the future Standard warrants are not met now, school traffic wall change the
characteristics greatly
OPTIONS
1 Approve the School Zone as Proposed
2 Amend the Zone and Approve
3 Deny the Request and Take no Action
RECOMMENDATION
Approve the School Zone as submitted
ESTIMATED SCHEDULE OF PROJECT
School zone will be in place before August 21,2001, which is the opening day of school if
approved on fins agenda
PRIOR ACTION/REVIEW (Council, Boards~ Commissions)
Item was considered and approved m the June 4, 2001, Meeting
FISCAL INFORMATION
Cost to install the signs will be less than $1000
Respectfully subrmtted
Howard Martin
Assmtant City Manager for UUht~es
Prepared by
J~rry~ark
Asst Director of UUhty Field Services
Exlublt I Traffic Safety Backup Memo
Exlublt II Two Maps, School Walk Zone Profile
Exlublt III Minutes of June 4,2001, Traffic Safety Comnusslon Meeting
Exhibit IV Ordinance
2
Memo
To Traffic Safety Commission
From Jerry Clark, Assistant D~rector of Streets, Drainage and Traffic
Date 5-23-01
Re Proposed Wayne Ryan Elementary School Zone
The Wayne Ryan Elementary School w~ll be opening th~s fall - August of 2001 The school is located
on Ryan Road which is a secondary artenal We have enclosed a map showing the attendance zone
for the school and where the busing hne is located at a distance of 1 5 miles from the school All
students outside that 1 5 mile limit can be bused to school
The school site ~s located east of FM 1830(Country Club Road) and west of Forrestndge A map is
attached showing the exact location and the I~m~ts of the proposed zone The School has frontage on
Ryan Road w~th the pnmary access for student drop-off off Creekdale which ~s the new road
constructed on the west side of the school property
Th~s proposed school zone is proposed to extend 500' west of Creekdale and 500' east of
Forrestddge Th~s w~ll be the pnmary concentration of students that could be walking ~nto the school
Future Signals may be located at Creekdale and Forrestndge ~f they meet MUTCD warrants Safe
crossings will be prowded at one or both of those locations ~n the future for the students to cross from
the north to the south s~de of the road
We have been working with Dalton Gregory who is the new principal and Gene Holloway who is the
DISD Planner We have g~ven them basic Information on th~s zone Their other concern is for sidewalks
for the school kids There are several alternabves on the north and south s~des, each having positives
and negatives, looking at them short and long term
Staff reeommends approval of the 2071' school zone for Wayne Ryan Elementary School
3
EXHIBIT I
',~
DISC~IMER N
This da~ has been ~mplled for~e C~ of De.on
~C~ of De.on C~ of various o~ial and unofficial sources ~re used to gather
[ ~215 Ea~ M=~nfley this in~ion Eve~ effo~ ~s made to ensure ~e
~o~ Texas 76201Dentona~m~ of this ~ hoover no guam~ee Is gNen or
WAYNE RYAN ELEMENTARY SCHOOL
5
Wayne Stuart Ryan Elementary
Sidewalk - Walk Zone Profile
Ryan Road Forrestrldge Granada Rldgemont Andrew Total
Neighborhood Area Montec~to Montecarlo (Thistle Hdl)
Access Streets La Maucha
Mileage From Campus: .3 8 - 1 1 2 4
# Students in Walk 68 14 16 3 101
Zone
Estimated,Student Use 25 10 10 1 46
Sidewalk Options:
A. Construct Sidewalks on North Side of Ryan Road
Creekdale to Ridgemont with a Crosswalk at Creekdale & Ryan Road:
Advantages D~sadvantages
*Provides safest access to campus *increased Costs
*Services largest number of students *Easements Required - 15 to 20
*Reduced need for crossing controls/guards *Construct Time - 12 to 18 Months
B. Construct Sidewalk on South Side of Ryan Road
Ryan Elementary to Thistle Hill & from Thistle Hill to Montecito with Crosswalks
at Forre,stridge & Ryan and Montec~to & Ryan Road:
Advantages Disadvantages
*Reduced Costs *Access to s~dewalks will reqmre crossing Ryan Road
*Easements Required- 3
*Construct T~me - 6 Months
***Note: DISD will prowde interim bussing services to students in the
walk zone until sidewalks are constructed. Designated bus
stops will be located at each neighborhood access street.
M~nutes
Traffic Safety Commission
June 4, 2001
PRESENT M~chael Mont~c~no, Pat Cheek, Harry Ph~lhps, Marshall Smith, Geof
B~ssell, Greg Sawko and Co-Chairman, Sdv~a Lesko
STAFF Dawd Salmon, Staff Liaison
Jerry Clark, Assistant Director, Streets, Traffic, Drainage
Pat KiIlebrew, Secretary
Chairman Walters was not present and Co-Chairman, Lesko called
the meeting to order at 5 30 PM
ITEM #1 REVIEW AND CONSIDER APPROVAL OF APRIL 2, 2001
MINUTES
Monbclno made a mobon to approve the minutes B~ssell seconded
the mobon The motion passed unammously
ITEM #2 REVIEW AND CONSIDER APPROVAL OF A SCHOOL ZONE
FOR WAYNE RYAN ELEMENTARY SCHOOL
Clark sa~d staff is trying to get the school zone ~n place before
school starts ~n August The map shows the attendance area and
the lines for the busing area for the school Staff has been working
w~th the principal of Ryan Elementary, Dalton Gregory, and the
Denton Independent School D~stnct Planner, Gene Holloway
These gentlemen are here to answer any questions the
Commission may have Most of the parent drop-off w~ll occur on
Creekdale Dr~ve The proposed school zone starts 500 feet before
Creekdale Dnve and ends 500 feet after Forrestndge, for a total of
2071 feet B~ssell asked ~f 500 feet before and after a school was
average for a school zone Clark said yes Staff has tr~ed to keep
all the school zones consistent Staff tries to estabhsh a hm~t to
make people aware that a school zone ~s happemng, but not so far
out that people w~ll ~gnore them
Staff ls recommendin,q the school zone to extend 500 feet west of
Creekdale and 500 feet east of Forrestndge Dnve
7
EXHIBIT Iii
Traffic Safety Commission - June 4, 2001
Page 2' of 10
Sawko asked ~f there were any anticipated sidewalks on either side
of Ryan Road Sawko said he wouldn't want any chddren nd~ng
bikes on Ryan Road because it is so dangerous Clark said the
s~dewalks are being planned, but Ryan Road could possibly be
expanded to six lanes wide ~n the future If the s~dewalks were ~n
place when the road ~s expanded, about $400,000 would be
wasted There are two bridges ~n th~s area at a cost of about
$50,000 each The south side of the road ~s more conducive, but it
Is not as avadable or adjacent to the students and more crossings
would have to be made Englneenng is doing a study to establish
the future right-of-way of Ryan Road so when the sidewalks are
budt, they wdl be ~n the right place and the money would not be
wasted Smith said he read ~n the paper of a plan to have
s~dewalks ~n place before school opens th~s fall
Sawko asked If 2000-foot school zones are fairly standard He
asked how long ~s the school zone for Sam Houston Elementary9
Clark thought ~t was about 1000 to 1500 feet Clark sa~d Sam
Houston ~s one of the longer zones, and most zones are shorter
Sawko expressed concern that people turning east from
Forrestndge may result ~n more traffic backing up on Forrestr~dge
Drive as people slow down for the school zone on Ryan Road It
seems I~ke the congestion would be worse than hawng the school
zone beg~n a b~t closer to the school, just after Forrestr~dge Drive
Montlc~no said he believed ~f the school zone were placed after
Forrestndge, there would be more problems because of
Coming up the hdl, the ws~bdlty gets very poor
Clark said DISD Is planning on hawng buses pick up students at
certain stops along Ryan Road until the s~dewalks are ~n place
Biking ~s not the best option w~thout the sidewalks Clark sa~d the
reason the school zone was extended past Forrestndge Dr~ve was
because Forrestndge Dnve is the best s~te for a future s~gnal w~th
crossings and the planning ~s more of a long-term design so the
zone wouldn't have to be moved Th~s area also has the potential
for the most students to be walking and staff feels they would be
crossing at Forrestndge Drive The south s~de of Ryan Road would
be the best chance of getting the sidewalks ~n place quickly One
option to improve safety would be to install a three-way stop at th~s
~ntersect~on B~ssell asked what are the chances of getting the
sidewalks in place before school starts Bissell sa~d he jogs in that
area and it's very dangerous w~th only d~tches on each side Clark
said If the s~dewalks were built on the south s~de, it would be
possible to get them ~nstalled before school starts Sawko sa~d ~t
would be ideal to get the sidewalks built Clark used the statistics
Traffic Safety Commission - June 4, 2001
Page 3 'of 10
prowded by Gene Holloway on the number of students in the area
that could potentially walk to school
Sawko asked if the chances of sidewalks being budt are limited due
to the expansion of the roadway Clark sa~d the ~ssue of w~demng
Ryan would probable be considered in the next bond elect~on,
which would probably be next year Sawko said ~t seems hke ~t
would be better to put the s~dewalk on the north s~de of the street
Clark said that would address the ~ssues, but if the sidewalk is put
~n the nght-of-way, there ~s a good chance ~t would have to be
moved More information wdl be avadable after the study is done
and It ~s known where the road wdl be located A s~x-lane dlwded
thoroughfare takes 120 feet of right-of-way The Teasley Lane
Corridor Study ident~fied the amount of traffic could warrant a six-
lane road A four-lane d~wded roadway would fit m 80 feet of right-
of way Sawko said until the study is done, the s~dewalks could not
be built Clark said the sidewalks could be budt, but ~t would be a
waste of money without knowing the roadway location Sawko sa~d
the City would not want to budd the sidewalks unbl the study was
completed Clark sa~d the City would like a 20-30 hfe-year
expenditure for this amount of money instead of just a few years
Sawko sa~d another concern was people get frustrated w~th long
school zones Th~s zone seems particularly long compared to the
other schools Clark sa~d the zone ~s long because staff ~s
expecting to have crossings at Forrestndge Drive The school zone
needs to be on the other s~de of crossings Otherwise the students
are crossing outside the school zone Th~s ~s staff's rationale for
the longer zone Sawko sa~d if there are no s~dewalks on the south
side, crossings could not be put ~n because there would be no
place to cross Clark sa~d making the school zone long enough to
~nclude future crossings, ~s looking at the long-range plan There ~s
already a subdivision ~n th~s area, Thistle Hdl, w~th s~dewalks m
place If s~dewalks were built on the south s~de of Ryan Road, they
would be built to match the s~dewalks already there The south
s~de of Ryan ~s the safest place to put the sidewalks and the most
probable place for them to be budt The north s~de would be the
incest, but ~t's not very friendly towards the s~dewalk There ~s a
barrow ditch along the north s~de with a lot of trees that would need
to be trimmed so people could walk on the s~dewalks The
s~dewalks would have to be put along the s~de of the d~tch Sawko
sa~d he d~dn't understand the length of the school zone when the
prehm~nary determination of the w~dth of the street or where the
s~dewalks are going to be, hasn't been made Sawko sa~d he
couldn't see students riding their b~kes or walking to school w~th the
road ~n the current condition Clark sa~d the s~dewalks could be
Traffic Safety Commission - June 4, 2001
Page 4'of 10
extended to Forrestndge Drive fairly quickly Cheek sa~d the school
zones are not just for the walkers, ~t's also for the parents that drop
off students and all dnvers need to slow down for that Clark said
the school zones are ~n effect for only two hours dunng the day
Cheek sa~d people don't obey them anyway Sawko sa~d that's
why he was concerned If people are not obeying the regular
length zones, they may not pay any attention to a longer zone
Cheek sa~d th~s m~ght be a special s~tuat~on w~th Ryan Road being
such an awful road Mont~cmo sa~d would probably be crossing
guards at the crossings, no matter where the s~dewalks are placed
Mont~c~no sa~d he felt there would be problems ~f the zone d~d not
extend 500 feet to the east of Forrestndge Dnve
Clark sa~d the Commission has the option to adjust the zone as
they see fit The ordinance would then be wntten and go to the C~ty
Councd The Commission also has the option to not do anything
with It Staffwould hke to see the zone approved as wntten or w~th
shght modification
Mont~c~no asked about the scenano for s~dewalks on the south s~de
of Ryan Road Clark had sa~d the s~dewalks could be budt fairly
quickly once the nght-of-way was complete When would the
decision be made? Clark sa~d the Oversight Committee wdl be
meeting next week and wdl have a briefing, and try to get a
determination on this The Oversight Committee ~s a c~t~zen
committee that helps rewew the bond decisions on miscellaneous
projects so they know where the money ~s being allocated If there
were a positive response to th~s meeting, there would probably be a
specially called meeting w~thm a month to get the project formally
approved If not, thIs area would most hkely be advanced Staff ~s
looking at hlnng Gary V~ckery of Teague, Nail, and Perkins, to do
the thoroughfare study of Ryan Road to see how the road would fit,
based on the capacity and the number of vehicles projected The
land-use decisions that were made several months ago may be
changed ~n the next few months The length of the s~dewalk ~s
about 880 feet and the cost of the s~dewalk ~s between $12,500 and
$15,000 To get the s~dewalk set back far enough, about 32,000
square feet of nght-of-way would have to be bought, at a cost of
about $1 per square foot Sometimes ~t gets dedicated, but not too
often Sawko agreed that If people were going to cross there, the
s~dewalks would need to be ~n place, but was concerned about the
long school zone and possible bottlenecked traffic on Forrestndge
Dnve Clark sa~d one positive thought ~s the zone Is not nght at the
crest of the hdl and If people are slowed down, the left turn out wdl
actually be safer
10
Traffic Safety Commission - June 4, 2001
Page 5~of 10
Phdl~ps sa~d ~t appears we have the cart before the horse a b~t We
have the school, but not the roads, and the transportation to get the
students to school safely Ryan Road ~s not a very safe road even
~n a car, much less on a b~cycle or walking Clark sa~d one of the
~ssues ~s building a school ~s a very expensive project and the cost
of land, even ~f ~t's dedicated, which th~s land was, helps determine
where schools are built When a whole school s~te ~s dedicated, ~t
saves thousands and thousands of dollars, and sometimes there
are ~mpacts on that Sawko sa~d the location of the school ~s fine,
but the C~ty hasn't dec~ded how w~de the road wdl be, which would
~mpact some of the other ~ssues we're looking at today Clark sa~d
normally, there ~s a wa~t for some development, and ~f the school
happens before the development, the C~ty gets behind Sawko sa~d
he would I~ke to hear from the school, at least from a bond
committee standpoint, where they feel the s~dewalks should be
placed
Lesko asked ~f there was anyone wanting to speak for the school
zone Gene Holloway, Director of Planning, DISD, came forward to
address the CommIssion As far as travel and the connect~wty to
the campus, certainly Forrestndge Drive ~s going to be a major
artery of student travel Having a safe access to the campus ~s a
supreme concern to the D~strlct and to parents Having
Forrestndge Drive w~th~n the school zone area would offer
additional protection to the students and also to the neighborhoods,
possibly controlhng the traffic, and access in and out of the
residential areas The D~stnct wdl be prowd~ng busing to those
students ~n the walk zone There would be assigned p~ck up points
for those students untd the sidewalks are ~n place Sawko asked ~f
Holloway anticipated students coming from Forrestndge Drive,
e~ther walking or nd~ng a bike to go to the Ryan s~te Holloway sa~d
yes, the D~stnct has ~dent~fied at least 68 students as potential
walkers Sawko asked ~f Holloway were planmng the sidewalks,
which s~de of Ryan Road would benefit the D~str~ct'~ Holloway said
the D~stnct's analys~s of the neighborhood zones are all on the
north s~de of Ryan Road and that's where the students wdl be
accessing and moving to Two options were presented to C~ty
Councd recently One option would be the north s~de and would
serve the greatest number of students, and prowde the safest
access to the campus There would only be a need for one
crossing near the campus If s~dewalks were placed on the
southern s~de, there would need to be multiple crossings on Ryan
Road Eventually, with development, there would probably be
s~dewalks on both s~des of the street Imt~ally, the D~stnct I~kes the
northern s~de of Ryan for the s~dewalks Sawko asked Holloway ~f
the s~dewalks were put on the north s~de, d~d the D~stnct feel the
11
Traffic Safety Commission - June 4, 2001
Page 6 of 10
school zone would st~ll need to be as proposed? Would there sbll
need to be a crossover at Forrestndge Dnve? Holloway said ~n
speaking w~th staff, there is a planned s~gnal hght at Forrestndge
Dnve, which would facilitate easy crossing and controlled access
for the students Sawko asked ~f the hght were ~n place, would the
D~stnct st~ll feel the need for the longer zone? Holloway sa~d the
District I~kes the ~dea of the longer zone Sawko sa~d the D~stnct
supports the I~m~ts as set out ~n the d~agram? Holloway sa~d yes
Lesko asked If anyone else was speaking for or against the school
zone The session was closed to the public
Cheek sa~d she was very glad to see the C~ty moving faster to
provide the zones for safety Her children had to cross w~th
crossing guards ~n areas that were not as safe as th~s area wdl be
Sawko sa~d he was glad the Dlstnct would be busing until the C~ty
can decide what to do about the s~dewalks
Montlclno made a motton to pass the school zone as written in
the back-up Btssell seconded the motion The motion passed
unanimously
ITEM #3 REVIEW AND CONSIDER A LOADING ZONE REQUEST FROM
DENTON PUBLISHING COMPANY (DENTON RECORD
CHRONICLE) FOR A LOADING ZONE ON MULBERRY STREET
ACROSS FROM THEIR LOADING DOCK
ITEM #4 REVIEW AND CONSIDER A LOADING ZONE REQUEST FROM
DENTON PUBLISHING COMPANY (DENTON RECORD
CHROICLE) FOR A LOADING ZONE IN FRONT OF THEIR
BUILDING ON HICKORY STREET
Salmon sa~d Denton Record Chromcle ~s requesting two d~fferent
loading zones The first one ~s located on Mulberry Street on the
south s~de of the DRC building Denton Pubhsh~ng has requested
the particular loading zone due to recent conflicts with people
parking ~n th~s area when DRC ~s trying to load and unload large
trucks DRC usually sets out cones when loading their trucks, and
people have been asked to move their vehicles for the loading
Rather than get ~nto conflicts, DRC has requested legal loading
zones Salmon checked with Julle GIover, Ma~n Street, s~nce the
location ~s close to the Square Ms Glover feels th~s area is far
enough from the Square to be out of the parking problem, and
doesn't see a problem with th~s loading zone
12
ORDINANCE NO
AN ORDINANCE SLrPERCEDING AND REPEALING ORDINANCE NO 2000-247 TO ADD
A SCHOOL ZONE FOR WAYNE RYAN ELEMENTARY SCHOOL, DESIGNATING AND
ESTABLISHIiNG A SCHOOL SAFETY SPEED ZONE, REDUCING THE MAXIMUM PRIMA
FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONE TO A SPEED FOUND TO
BE REASONABLE AND SAFE BY THE ENGINEERING AND TRANSPORTATION
DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS, PROVIDING FOR
SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS, PROVIDING A PENALTY OF
A FINE NOT TO EXCEED TWO HLrNDRED DOLLARS ($200 00), PROVIDING A
SEVBRABILITY CLAUSE, PROVIDING FOR PUBLICATION, AND DECLARING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SI~,CTION I, That based upon an Engmeenng and Transportation Department mvest~gatnon
heretofore made, as authorized by the prowslons of Section 545 357 of the Transportation Code,
V T C A, the prima faele speed lntut of twenty (20) rmles per hour for vebacles is hereby
determined and declared to be prnna fas~e reasonable and safe, and such speed 1,rn,t ~s hereby fixed
for vetncles traveling w~flma the followang described school zones
A That the tnue periods for the reduced speeds for the school zones described below shall be
fi.om 7 30 am until 8 30 am and from 2 30 p m until 3 30 p m on school days The loealaon of
school zones described below shall be as follows to-wlt
1 Borman Elementm3' School
Both d~reetaons of Parvm Street begmmng 50 fee~t east of where Parvln Street intersects the
canter line of McComnck Street to 100 feet east of where Parvm Street intersects the center
line of Mercedes Street
2 Newton Rayzor Elementary School
Both &rect~ons of Malone Street begunung 50 feet north of where Malone Street intersects
the center line of Cordetl Street to 100 feet north of where Malone Street intersects the center
line of Emery Street
3 Gmmngs Elementary School
Both &rect~ons of Smart Road begunnmg 250 feet north of where Smart Road intersects the
center line of Imperial Drive to 175 feet north of where Smart Road intersects the center line
of Sun Valley Street
Both chrecUons of Sun Valley Drive fi.om its lntersectaon w~th Smart Road to 200 feet east of
where Sun Valley Drive intersects the center line of Yellowstone Place
~3
EXHIBIT IV
Both darectlons of Yellowstone Place begnmmg 300 feet north of where Yellowstone Place
intersects the center line of Imperial Drive to the intersection of Sun Valley Dnve and
Yellowstone Place
4 Woodrow Wilson Elementary School
Both d~rectmns of Windsor Drive beginning 275 feet west of where Windsor Drive intersects
the center line of Bristol Street to 275 feet east of where Windsor Drive intersects the center
line of Hanover Drive
Both dLrectaons of Hanover Drive from ~ts intersection with Windsor Drive to 450 feet north-
west of where Hanover Drive intersects the center line of Rockwood Lane
Both threctlons of Emerson Lane begmmng 150 feet east of where Emerson Lane intersects
the center line of Glenwood Lane to 350 feet west of where Emerson Lane intersects the
center line of Rockwood Lane
5 Hedge Elementary School
Both da'ecttons of Grant Parkway begnmmg 380 feet northeast of where Grant Parkway
intersects the center hne of Deerwood Parkway to the mtersectlon of Fares Road and Grant
Parkway
Both threcttons of Fares Road from its mtersecUon wath Sdverdome Road to 200 feet north
of where Farns Road intersects the center line of Grant Parkway
6 Robert E Lee Elementary School ~
Both dtrecUons of Parsley Street begmmng 475 feet west of where Pmsley Street intersects
the center line of Mack Drive to the mtersecUon of Mack Drive and Pmsley Street
Both directions of Mack Drive from its intersection with Double Oak Street to the
mterSectton of Pmsley Street and Mack Drive
7 McNmr Elementary
Both durecttons of Hackory Creek Road beginning 765 feet west of where I-hckory Creek
Road intersects the center line of Monteelto Dnve to 430 feet east of where Hackory Creek
Road intersects the center line of Montec~to Drive
Both dtrectmns of Monteclto Drive fi:om its mtersecUon with lttckory Creek Road south for
682 feet
14
Page 2 of 8
8 Evers Elementary
Both d~rect~ons of Evers Parkway begmmng 305 feet south of where Evers Parkway
~ntersects the center hne of Gardenv~ew Street to 50 feet south of where Evers Parkway
intersects the center hne of Robb~e-O Street
Both d~rect~ons of Cobblestone Row fi.om ~ts intersection w~th Evers Parkway to 170 feet east
of where Cobblestone Row intersects the center hne of Ashcroft Lane
9 Sulhvan Keller Elementary
Both du'ect~ons of Wood Street beginning 230 feet south of where Wood Street intersects the
center ]me of Daws Street to 300 feet north of where Wood Street intersects the center hne of
Davis Street
Both dtrectlons of Ruddell Street begnunng 230 feet south of where Ruddell Street intersects
the center hne of Davis Street to 300 feet north of where Ruddell Street intersects the center
]me of Davas Street
Both d~rectmns of Davis Street fi:om ~ts intersection with Wood Street to the intersection of
Ruddell Street and Daws Street
10 Fred Moore Center
Both du'ect~ons of IVflll Street begriming 150 feet west of where Mxll Stree~ intersects the
center ]me of Cross Tn-nber Street to 100 feet west of where Mall Street intersects the center
hne of Wye Street
Both d~rect~ons of Wye Street begannmg 150 feet west of where Wye Street intersects the
center line of Cross Tmaber Street to the intersection of M~ll Street and Wye Street
Both dtteet~ons of Cross Tmaber Street fi:om xts mtersecuon w~th Wye Street to the
mters¢ctaon of Mall Street and Cross Ttraber Street
11 Tomas Puvera Elementary
Both dtrectlons of Newton Street begmrnng 200 feet north of where Newton Street intersects
the center Ime of Morse Street to 225 feet north of where Newton Street intersects wxth the
center line of WHson Street
12 Wayne Ryan Elementary School
Both chrect~ons on Ryan Road begriming 500 feet west of the mtersectxon of Creekdale
Drive and Ryan Road and continuing east for 2071 feet to a point 500 feet east of the
intersection ofForresmdge Dnve and Ryan Road
~5
Page 3 of 8
B That the time penods for reduced speeds for school zones descnbed below shall be from
7 30 a m until 8 30 a m and fi.om 3 30 p m until 4 30 p m on school days The Iocatmn of school
zones descnbed below shall be as follows, to-wit
1 Smcldand Middle School
Both threct~ons of Windsor Drive beginning 560 feet east of where Windsor drive intersects
the center line of Locust Street to 225 feet east of where Windsor Drive intersects the center
line of Bell Avenue
Both directions of Bell Avenue fi'om ~ts intersection wuth Dnfrwood Tratl to the mtersectaon
of Windsor Dnve and Bell Avenue
2 Calhoun Ivhddle School
Both d~rectlons of Congress Street from 130 feet west of where Congress Street intersects
wuth the center line of Mounts Street to 200 feet east of where Congress Street intersects w~th
the center line of Denton Street
Both dtrecUons of Denton Street from as mtersectmn wuth Congress Street to I00 feet south
of where Denton Street intersects wtth the center line of Pearl Street
Both directions of Mounts Street from ~ts mtersectmn w~th Congress Street to 190 feet south
of where Mounts Street intersects with the center line of Anderson Street
3 McMath Mtddle School
Both chrecttons on Londonderry Lane from the"its mtersectnon with Teasley Lane to one
hundred feet east of~ts mtersectton vath Sam Bass Boulevard
C That the tane penods for reduced speeds for school zones described below shall be from
7 30 a rn until 8 30 a m and fi.om 3 00 p m until 4 00 p m on school days The locataon of school
zones described below shall be as follows, to-wit
1 Ryan I-hgh School
Both chrect~ons of McKmney Street begmmng 500 feet west of where McKmney Street
intersects with the center kne of the bagh school dnveway to 525 feet east of where
McKanney Street intersects w~th the center hne of the tngh school dnveway
2 Denton H~gh School
Both dtrectmns of Crescent Street begunung 250 feet east of where Crescent Street intersects
the center lane of Bryan Street to 150 feet east of where Crescent Street intersects w~th the
center line of Fulton Street
Page 4 of 8
Both d~rectlons of Bryen Street begmmng 250 feet south of where Bryan Street intersects the
center line of Crescent Street to 150 feet north of where Bryau Street intersects the center line
of Linden Street
Both d~rectmns of Fulton Street begammg 150 feet north of where Fulton Street intersects the
center line of Crescent Street to 50 feet north of where Fulton Street intersects the center line
of Linden Street
D That the me penods for reduced speeds for school zones described below shall be from
7 30 a rn until 9 00 a m and from 3 00 p m until 4 30 p rn on school days The locatmn of school
zones descnbed below shall be as follows, to-wit
1 L~berty Cb_ns'am School
Both chrectrons of Bomue Brae from 721 feet north of where Bonme Brae intersects the
center line of Wfllowood to 1820 feet north of where Bornue Brae intersects the center hne of
Wfllowood
E That the tune penods for the reduced speeds for the school zones descnbed below shall be
f}om 7 00 a m until 9 00 a m and from 2 00 p rn until 4 00 p m on school days The location of
school zones described below shall be as follows, to-w~t
1 Immaculate Conceptmn Cathohc School
Both d~recUons of Bohvar Street from its mtersectmn w~th Second Street to its mtersecUon
w~th Tlnrd Street
gRCT~C~N ~ That based upon an Engineering and TransportaUon Department investigation
heretofore made, as authonzed by the prowsmns of Section 545 357 of the Transportation Code,
V T C A, the prima facto speed haut of twenty-five (25) nules per hour for vetucles ss hereby
determined and declared to be prima facto reasonable and safe, and such speed hnnt is hereby fixed
for velueles traveling w~thm the following school zones
A That the tmae periods for the reduced speeds for the school zones described below shall be
from 7 30 am untrl 8 30 am and fi.om 2 30 p m untal 3 30 p m on school days The loca'aon of
school zones descnbed below shall be as follows, to-w~t
1 Sam Houston Elementary
Both chrectmns of Teasley Lane begmmng 325 feet east of where Teasley Lane intersects the
center hne ofPennsylvama Dnve to 365 feet west of where Teasley Lane intersects the center
lane of Lflhan Miller
~7
Page 5 of 8
SECTION 3, That based upon an Enbqneenng and Transportatnon Department mvestxgataon
heretofore made, as authonzed by the provmmns of Section 545 357 of the Transportatton Code,
V T C A, the pnma facle speed hrmt of thn-ty-five (35) rmles per hour for vetucles ~s hereby
determined and declared to be prima fame reasonable and safe, and such speed lmut m hereby fixed
for velucles travehng vathm the following descnbed school zones
A That the tame penods for the reduced speeds for the school zones described below shall be
fi'om 7 30 am until 9 00 am and from 3 00 p m until 4 30 p m on school days The locatton of
school zones described below shall be as follows, to-w~t
1 The Selwyn School
Both d~recttons of West l-hghway 380 from 450 feet east of where West Hxghway 380
intersects the center [me of Marshall Drive to 1200 feet west of where West I-I~ghway 380
intersects the center [me of Mesa Dnve
SI~,CTION 4 When s~gns are erected gavmg notme thereof, an md~mdual adjudged gmlty of
exceeding the hereto defined speed hmats shall be gmlty of a rmsdemeanor, and pumshed by a fine
not to exceed Two Hundred Dollars ($200 00)
R~CTIORI q The location of School Bus Loading Zones for the following schools shall be
as follows, to-vat
1 Borman Elementary
The southernmost lane of Parvm Street begnmmg where Parvm Street mt§s the east
curbhne of McCorrmck Street to where Parvm Str,oet intersects the west curbhne of Mercedes
Road
2 Gmmngs Elementary
The southmost lane of Sun Valley Drive begnmmg where Sun Valley Drive intersects the
east curblme of Smart Road to where Sun Valley Dnve intersects the west curblme of
Yellowstone Place
3 McNmr Elementmy
The westernmost lane of Montemto Drive begnmmg 287 feet south of where Montemto
Drive intersects the south curblme of Hmkory Creek Road to 407 feet south of where
Montemto Drive intersects the south curbhne of Ittckory Creek Road
Page 6 of 8
4 Sulhvan Keller Elementary
The northernmost lane of Davm Street beginning where Dav~s Street intersects the west
curblme of Ruddell Street to 180 feet west of where Davm Street intersects the west curblme
of Ruddell Street
5 8rockland Muddle School
The southernmost lane of Windsor Drive beginning where Windsor Drive intersects the west
curblme of Bell Avenue to 900 feet west of where Windsor Drive intersects the west curblme
of Bell Avenue
6 Calhoun 1Vhddle School
The westernmost lane of Denton Street from 196 feet south of where Denton Street intersects
the south curbhno of Congress Street to 640 feet south of where Denton Street intersects the
south curblme of Congress Street
Sl~.{~TION 6. V~nen s~gns are erected g~vmg not,ce thereof, ~t shall be unlawful for any
person to operate or park a motor vehtcle other than a school bus m a hereto described School Bus
Loading Zone An mchwdual adjudged gtulty of the provm~on of fins secnon shall be gmlty of a
nnsdemeanor and pumshed by a fine not to exceed Two Hundred Dollars ($200 00)
SF. CTII3~ ? That thus ordinance shall be cumulatave of all other ordinances of the C~ty of
Denton de~mng school zones and school bus loading zones and shall not repeal any of the
prows~ons of smd ordinances except m those instances where provmmm of those ordinances are m
darect conflict vath the prov~mons of thus ordinance ~
SF. CTIlqN R That ff m any section, subseclaon, paragraph, sentence, clause, phrase or word
mttus ordinance, or appheanon thereof to any person or c~reumstunce m held mvahd by any court
of competent junschctton, such holding shall not affect the vahchty of the remaining pomons of fins
ordinance, and the Caty Council of the City of Denton, Texas hereby declares ~t would have enacted
such remaining portmns despite any such mvalad~ty
S~.CT~lqN 9. That tlus ordinance shall become effective fourteen (14) days ~om the date of
~ts passage, and the City Secretary m hereby directed to cause the captmn of tins ordinance to be
pubhshed twine m the Denton Reeord-Chromele, the offimal newspaper of the C~ty of Denton,
Texas, wathm ten (10) days of the date or,ts passage
PASSED AND APPROVED tins the day of ,2001
ELrLINE BROCK, MAYOR
Page ? of 8
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
20
Page 8 of 8
AGENDA DATE,, July 17, 2001
DEPARTMENT: Fiscal and Mumclpal Servmes
ACM: Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services
SUBJECT
Conmder a resolution approwng the Fiscal Year 2002 Financial Plan of the Denco Area 9-1-1
Dmtnct, pursuant to the Texas Health and Safety Code, Chapter 772, as amended, and
prowchng an effective date
BACKGROUND
On June 18, 2001 the Cfly of Denton received a memo ~rom M~ke Ped~go, Executive Director
of the Denco Area 9-1-1 D~stnct, requesting we rewew their "Draft" F~seal Year 2002
F~nanclal Plan
The Texas Health and Safety Code reqmre emergency commumcatton districts to submit the
draft budget to ats partlclpattng junsdmttons for a 45-day rewew and comment period
For your rewew, a copy of the "Draft" Flnancml Plan ~s attached
FISCAL INFORMATION
There are no costs to the Ctty of Denton directly assocmted with the approval of the Denco
Area 9-1-1 Dtstnct's Financial Plan
EXHIBITS
1 Memo from M~ke Pe~hgo
2 "Draft" F~nancml Plan
3 Resolution
Respectfully submitted
Kathy DuBose
Assistant C~ty Manager, Fiscal and Municipal Servmes
S \Our Documents~Resolutlons\01\911 budget doc
KESOLUTION NO
A RESOLUTION APPROVING THE FISCAL YEAR 2002 FINANCIAL PLAN OF THE
DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEXAS HEALTH & SAFETY CODE
§772 309 AS AMENDED, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Denton has been presented the 2002
Flnancml Plan of the Denco Area 9-1-1 Dmtnct for approval, m accordance with Tex Health &
Safety Code §772 309 (Vernon 1999) as amended, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION 1 That the City Council of the City of Denton hereby approves the 2002
fiscal year financial plan of the Denco Area 9-1-1 D~smct
SECTION 2 That this resolution shall become effective ~mmechately upon ~ts passage
and approval
PASSED AND APPROVED fins the __ day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
DENCO AREA 9-1-I DISTRICT
P 0 Box 293058, Lewisville, Texas 75029-3058
Phone/I-FY, 972-221-0911 · FAX 972-420-0709 · Webpage www denco org
To Denco Area 911 District Participating Jurlsdlct,ons
Date June 7, 2001 IIL{i I 8 2001
Subject Denco Area 911 District Fiscal Year 2002 Financ~al
Enclosed is a copy of the "Draft" Denco Area 9-1-1 Distnct F~scal Year 2002
F~nanc~al Plan for your junsdmt~on's rewew and comment The Texas Health and
Safety Code require emergency commumcabon d~strlcts to submit the draft
budget to ~ts participating jurisdictions for a 45-day rewew and comment per~od
After the rewew and comment period, the dzstnct's board of managers adopts a
budget for the next fiscal year A copy of the statute and approval pohcy ~s
included ~n Section 5 of the draft plan
At ~ts June 7, 2001 regular meeting, the Denco Area 9-1-1 Distnct Board of
Managers unammously approved the enclosed financial plan for fiscal year 2002
The district requests that your govermng body rewew the fiscal year 2002
proposed budget and submit comments to the Denco board prior to July 30,
2001 At ~ts regular meeting on August 2, 2001, the Denco board wdl consider
approwng the Denco Area 9-1-1 D~stnct F~scal Year 2002 F~nanc~al Plan At that
t~me the board wdl consider responses on the draft budget
If the d~stnct does not receive a response from ~nd~wdual jurzsd~ct~ons, ~t wdl
consider, according to statute, that those junsd~ct~ons supports the draft budget
Enclosed ~s a sample resolution that you may choose to use when cons~denng
the budget
Please fax responses to (972) 420-0709 or mad them to P O Box 293058,
Lew~sville, Texas 75029-3058
If you ~need add~tional ~nformat~on or have any questions, please do not hesitate
to call' me at (972) 221-0911
/
Thanks for your continued support of the Denco Area 9-1-1 D~stnct
MAe Pedigo j
Executive D~rector
Enclosure
1076 P.nceton Street, Lewlswlle, Texas 75067
3
RESOLUTION NO
A RESOLUTION APPROVING THE FISCAL YEAR 2002 FINANCIAL PLAN OF THE
DENCO AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY
CODE, CHAPTER 772, AS AMENDED, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Council of the C~ty of has been
presented the F~scal Year 2002 F~nanmal Plan of the Denco Area 9-1-1 D~stnct for
approval, lin accordance w~th section 772 309 Texas Health and Safety Code, as
amended,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF ,
TEXAS HEREBY RESOLVES
SECTION I That the C~ty of hereby approves
the financial plan
SECTION II That th~s resolution shall become effective ~mmediately from and
after ~ts passage
PASSED AND APPROVED th~s day of ., 2001
C~ty of , Texas
By
Mayor
ATTEST
C~ty Secretary
4
DENCO AREA 9-1-1 DISTRICT
FISCAL YEAR 2002
(Draft)
FINANCIAL PLAN
DENCO AREa 9-1-1 DiSTRiCT
P O Box 293055, Lewisville, Texas 76029-3058
Phone/TTY 972-221-0911 · FAX 972-420-0709 · Webpage wwwdenco org
To Denco Area 911 District Participating Jurisdictions
Date June 7, 2001
Subject Denco Area 911 District Fiscal Year 2002 Rnanc~al Ptan
Enclosed ~s the "draft" copy of the Denco Area 9-1-1 D~stnct Rscai Year 2002 F~nanc~al Plan for
your jur~sdlction's consideration The 78~h Texas Legislature ~n 1999 changed the leg~statlon so
that 9-1-1 emergency communmatlon districts, operating under Chapter 772 300, Texas Health
and Safety Code, would send a draft budget to participating jurlsdmtmns seeking comments
After a 45~day review and comment period, the d~strlct's board of managers would approve a
final budget
Even though it is not required for your governing body to vote on the budget, the Denco board
requests that it review the budget and provide feedback prior to the August 2, 2001 board of
managers meeting At that time the board will approve a final budget for fiscal year 2002,
beginning October 1, 2001 If there is no change ~n the draft budget, the district will notify ~ts
members that the budget ~s approved If there is a change, the district will request each
~unsdicbon to consider the final budget and a copy of that budget will be sent to members
A copy of the approval process and the leglslabon concerning budget approval ~s included ~n the
enclosed financial plan
You w~ll find that the proposed financial plan includes additional services provided by the district,
such as addltmnal training and equipment service It also includes the upgrade of all computer
hardware used for answenng 9-1-1 calls A statewlde public education campaign addressing
the proper use of 9-1-1 is included in the budget Denco often participates with other 9-1-1
entities across the state in such programs
Phase II Enhanced Wireless 9-1-1 Service is also included in this financial plan Denco was the
first to prowde Phase I service m the North Texas area and expects to be the flret to provide
Phase II, which w~ll prowde telecommunicators the location of 9-1-1 callers using wireless
telephones Denco ~s currently the Texas representative to a national Association of Pubhc
Safety Communications Officials (APCO) Project 38, which evaluates progress in the
implementation of Phase II services
The Denc~0 Area 9-1-1 District is here to serve its members It continues to provide more
services at the same service fee rate since ~ts beginning in 1987
Please call on any board member orthe district staff if you have any comments or quesbons
concerning the proposed budget The distnct's executive director, M~ke Ped~go, w~ll be happy to
make a presentation to your governing body
Again, thanks for your s~.upport of the Denco Area 9-1-1 District
hartan Jefferson /
Chairman, Board of Managers lO75 Princeton Street, Lew~swlle, Texas 75067
DENCO AREA 9-1-1 DISTRICT
PO Box 293058, Lew~swlle, Texas 75029-3058
Phone/TTY 972-221-0911 · FAX 972-420 0709 · Webpage www denco org
To Denco Area 911 Distnct Parbclpatlng Jurisdictions
Date June 7, 2001
Subject Denco Area 911 D~stnct Fiscal Year 2002 F~nanc~al Plan
The Denco Area 9-1-1 Dlstnct's Board of Managers, at its June 7, 2001 regular
meeting, approved the "Draft" Denco Area 9-1-1 District F~scal Year 2002
Financial Plan The 76th Texas Legislature passed House Bill 1984 which
deflned~the budget approval process for Chapter 772 300 series emergency
communication districts The following documents are included m Section V, the
Appendix of this financial plan, deflmng the budget approval process
· A copy of the secbon In House Bill 1984 that pertains to budget approval
· A copy of a resolution approved by the Denco Area 9-1-1 D~stnct Board of
Managers deflmng procedures for cons~derabon and approval cf a budget
· A copy of Texas Health and Safety Code, Chapter 772 300, the statute
under which Denco operates
The following draft financial plan prowdes for the conbnued prows~on of state-of-
the-art enhanced 9-1-1 services at the same rate that Denco has collected from
d~stnct residents s~nce ~ts reception ~n 1988 The emergency service fee,
collected by the telephone service prowders ~s $0 27 per month for res~denbal
$0 71 per month for business service and $I 13 per month for PBX trunks Th~s
fee is equal to three percent of the 1988 base telephone rate Denco continues
to prowde excellent services to ~ts member junsd~cbons at one of the lowest rates
in the state In addition to the emergency service fee collected by local
telephone service providers, the State of Texas collects $0 50 per month per
wireless telephone Those fees are remitted to the state The state then sends
a portion of the wireless fund to Denco based on the d~stnct's percent of the total
population of Texas
Th~s financial plan prowdes for the upgrade of the computer equipment that
Denco installed in 1998 It also provides for m~gratIon to Phase II enhanced
wireless 9-1-1 services Phase II service will provide dispatchers with the
location of 9-1-1 callers using w~reless telephones The d~stnct has prowded
Phase I service for the past two years and is prepared to dehver Phase II once
the wireless carriers provide the data to the 9-1-1 answering equipment
1075 Princeton Street Lewmwlle Texas 75067
8
Financial Plan Letter
Page Twe
Denco is prepared to assume total maintenance respons~blhty for the 9-1-1
equipment beginning m October In the past, the dlstnct has contracted for these
services from telephone companies A major emphasis ~n the current fiscal year
has been the development of a plan for assuming these maintenance
responslb~htles By providing these services in house, Denco will be able to be
more responsive to the maintenance and upgrade needs of its public safety
answering points
Another project in the fiscal year 2002 financial plan ~s a Denco's participation
w~th other 9-1-1 districts in the development and d~stnbutlon of a pubhc education
campaign emphasizing the ~mportance of using wireless telephones responsibly
when dialing 9-1-1 Aisc included are additional training opportumt~es for
dispatchers across the dlstnct
The district's Information Systems program has developed a sophisticated
geographic information system (GIS) that ~ncludes data from all participating
cities and unincorporated Denton County Included are streets and block
ranges, c~ty I~m~ts and emergency servme response boundaries Denco plans to
continue the development of this data to prowde the most information available
to dispatchers using the map displayed on their 9-1-1 answering positions
The Denco Area 9-1-1 Distnct Board of Managers and staff continue to work to
provide its member junsdmtlons the best-enhanced 9-1-1 services available at
one cf the lowest rates In Texas The district appreciates the professionalism,
cooperation and support of the dispatchers and emergency response agencies
that make the 9-1-1 systems successful
If, at any time, you have any questions or would like additional Information,
please do not hesitate to call me at (972) 221-0911
Thanks for your continued support of the Denco Area 9-1-1 District
M,k~ Ped~go ~'
Executive D~rector
DENCOAREA 9-1-1 DISTRICT
DISTRICT OVERVIEW
Back,qround Information
What ~s E9-1-17
Enhanced, Nine-One-One (E9-1-1) is a single, easy-to-remember number used when
reporting emergencies to fire, police and emergency medical service prowders The
E9-1-1 system, operational ~n the Denco Area 9-1-1 D~str~ct, ~s designed to automabcally
route any 9-1-1 call, placed from a telephone ~nstrument (~nclud~ng wireless) w~th~n the
district's geographical boundaries, to the proper public safety answering point (PSAP)
responsible for dispatching emergency services to the caller
9-1-1 Termlnolo.qy
9-1-1 Nine-one-one An easy-to-remember, easy-to-d~al three-d~g~t emergency
telephone number developed to prowde clbzens a reliable, fast and convement way to
access fire, police, or medical service prowders ~n the event of an emergency
D~stnc~t Denco Area 9-1-1 D~strlct The entity that prowdes enhanced 9-1-1 service ~n
Denton County A board of managers appointed by parbc~pating jurisdictions governs
the d~$trlct The d~str~ct serves Denton County and that portion of Carrollton ~n Dallas
County
E9-1-1 Enhanced 9-1-1 The system that ~s operational ~n Denton County prowd~ng
SR, ANI and ALI (defined below)
GIS geographic Information Systems The technology used to develop the mapped
d~splay of Denton County
PSAP. Public Safety Answering Point The location of the equipment used to answer
9-1-1 ,emergency calls The following are the twelve (12) PSAPs that are currently
capable of answenng 9-1-1 calls ~n the Denco Area 9-1-1 D~stnct
District Overview
Page 2 of 10
May 29, 2001
C~ty of Carrollton Pohce Department C~ty of Lake Dallas Pohce Department
C~ty of Denton Pohce Department C~ty of Lew~swlle Pohce Department
Denton County Shenffs Office City of The Colony Pohce Department
Town of Flower Mound Pohce Department University of North Texas Pohce Department
C~ty of H~ghland Village Police Department Texas Woman's Umvers~ty Pohce Department
C~ty of Roanoke Police Department Denco Backup and Training PSAP
SR Selective Routing The system that provides automatic routing of 9-1-1 calls
based on the caller's location to the appropriate PSAP The caller ~s not required to
determine which public safety agency to call
ANI Automat~cNumberldent~flcat~on The feature that prowdes the caller's telephone
number on a console at the PSAP
ALI Automat~cLocatlonldent~ficat~on Thefeaturethatprowdesthecaller'snameand
address on a computer monitor at the PSAP
Database The ~nformat~on accompanying a 9-1-1 call at the PSAP The information
provided ~s the caller's name, address and telephone number, as well as the
emergency service providers designated to respond to the caller's address
Pubhc Safety Telecommunlcator The mdlwdual answering the 9-1-1 calls, trained to
commumcate w~th persons seeking emergency assistance and w~th agencies and
~nd~vlduals prowdmg such assistance
Phase I The Federal Communmatlon Commission (FCC) mandate to the wireless
telephone ~ndustry and 9-1-1 requ~nng the proper routing of w~reless 9-1-1 calls to
PSAPs and the provision of the callers' ANI to the telecommun~cators
Phase I1 The feature that prowdes the geographic location of wireless callers, ~n
addition to the FCC's Phase I enhancements
Distnct Overview
Page 3 of 10
May 29, 2001
IWS Integrated Workstation The computerized 9-1-1 answering equipment prowded
by Denco The equipment has the capacity to ~nclude dispatcher tools ~n addition to
the 9-1-1 function, such as computer-aided d~spatch, paging, mapping, etc Denco has
52 ~ntegrated workstations at ~ts 12 PSAPS
Benefits of E9-1-1
The E9-1-1 system has enhanced the ab~hty of emergency service providers to save the
hves and property of citizens ~n the Denco Area 9-1-1 D~stnct Some of the direct benefits
of the emergency communications system provided by Denco are the following
· Only one three-d~glt number to remember ~n an emergency situation
· The 9-1-1 call is routed to the proper agency responsible for d~spatchlng help to the
caller
· Trained telecommumcators answer 9-1-1 calls (In the Denco Area 9-1-1 D~stnct,
telecommumcators are trained to prowde emergency medical dlspatch, thus
reducing response time for medical emergencies )
· Telecommumcators have the equipment and tra~mng necessary to commumcate
w~th heanng/speech ~mpa~red callers
· The caller's name, address and telephone number, as well as the proper fire, pot~ce
and emergency medical servme designated to respond to the caller's address, ~s
automatically prowded to the telecommun~cator, thus reducing total response t~me
In the event the caller ~s unable to speak, the telecommumcator has the ab~hty to
d~spatch help to the caller's location that ~s prowded by the E9-1-1 system
· AN'I/ALI mformat~on prowdes a means to control and reduce prank calls
· The pubhc educabon programs associated w~th E9-1-1 promote c~t~zen awareness
and involvement with emergency service prowders
· The E9-1-1 system enhances local government's ab~hty to meet the ever-growing
pubhc expectation of emergency services created by popular television
programming
· The E9-1-1 system ~s designed to allow PSAPs the ab~hty to d~rectly transfer a caller
to another pubhc safety agency or poison control center
· The E9-1-1 system w~ll identify calls from w~reless phones, advising the
telecommumcator to ask proper questions to determine the location of the
emergency Phase I prowdes the caller's telephone number so that the
D~stnct Overview
Page 4 of 10
May 29, 2001
telecommumcator has the ability to reconnect ~f the call ~s terminated Phase II will
prowde add~bonal location ~nformat~on to telecommun~cators
· The system has the ability to ~dent~fy telephone compames serving 9-1-1 callers,
thus streamlining the process for reconciling routing and database errors
Structure of the Denco Area 9-1-1 D~stnct
Leq~slat~on,
During ~ts 1985 leg~slabve session, the 69th Texas Legislature passed Arbcle 1432e
(Section 772, Texas Health and Safety Code), Emergency Telephone Number Act, which
provided for the creabon, adm~mstratlon, expansion, funding and d~ssolubon of emergency
commumcat~on districts ~n certain count[es in Texas The Emergency Telephone Number
Act ~s the legislation under which the Denco Area 9-1-1 D~str~ct operates
Purpose
Section 772 302, Texas Health and Safety Code states the purpose of the Act to be the
following
To estabhsh the number 9-1-1 as the pnmary emergency telephone number for use by
certain local governments ~n this state and to encourage un~ts of local governments and
comb~nabons of those umts of local government to develop and ~mprove emergency
communication procedures and facll~bes ~n a manner that w~ll make possible the qu~ck
response to any person calhng the telephone number 9-1-1 seeking police, fire, medical,
rescue and other emergency services
Creabon qf Denco Area 9-1-1 D~stnct
On August 8, 1987, Denton County held a special elect~on to confirm the creation of the
Emergency Commumcat~on D~stnct of Denton County and authonze a 9-1-1 emergency
service fee, not to exceed three (3%) percent of the base rate of the pnnclpal service
supplier per service year per month, to be charged by the d~stnct for the purpose of
14
D~strlct Overview
Page 5 of 10
May 29, 2001
estabhshmg E9-1-1 in Denton County By a margin of 13,086 to 3,024, the voters favored
the creation of the emergency communication district After the special elecbon, the city
and county governing bodies w~thm Denton County passed resolutions of parbclpat~on
The resolutions stated that the city or county would become a participating junsdlcbon in
the d~stnct pursuant to the prowslons of the Emergency Telephone Number Act
The participating junsd~ctlons of the dlstnct are the following
Argyle Hackberry L~ttle Elm
Aubrey Hebron Marshall Creek
Bartonwlle Hickory Creek Northlake
Carrollton H~ghland Village Oak Point
Copper Canyon Justin Pilot Point
Connth Krugervflle Ponder
Corral C~ty Krum Roanoke
Cross Roads Lake Dallas Sanger
Denton Lakewood V~llage Shady Shores
Double Oak Lew~swlle The Colony
Flower Mound Lincoln Park Trophy Club
Unincorporated Denton County
On December 8, 1987, the dlstnct's board of managers ordered the levy and collection of
the emergency fee to commence w~th the January 1988 bflhng cycle The board ordered
the service fee, collected by the telephone compames, to be charged at a rate of three
(3%) percent of the base rate of GTE Southwest The emergency service fee for basic
levels of telephone service charged to customers ~n the d~stnct was capped at $ 27 for
residential customers, $ 71 for business customers and $1 13 for {runks (The same cap
remains in effect today) On June 28, 1988, the board of managers named the
Emergency Commumcat~ons D~stnct of Denton County, Denco Area 9-1-1 D~stnct
15
D~str[ct Overview
Page 6 of 10
May 29, 2001
Structure
Board of Manaqers The board of managers ~s the govermng body for the Denco Area
9-1-1 D~stnct The county, participating cities and the Denton County Fire Chiefs
Association appoint the board The current board of managers ~s made up of the
following members
Board Member Represents
Mr Harlan Jefferson, Chairman Participating C~t[es
Mayor Olive Stephens, V~ce Chairman Par'[~c~pat~ng Cites
Mr Al Brown, Secretary Denton County Commissioners Court
Mr Jack Miller, Denton Denton County Commissioners Court
Chief Bruce Varner, Carrollton F~re Chiefs Association
Mr Melvin W~llls Venzon, Adwsory
Board members serve staggered two-year terms and are ehg~ble for reappo~ntment
The Emergency Telephone Number Act states "the board shall manage, control and
administer the district The board may adopt rules for the operation of the d~stnct" The
legislation also allows the board to appoint a director of communlcabons for the district
who serves as ~ts general manager The director, w~th approval from the board,
prowdes for the service necessary to carry out the purposes of the Emergency
Telephone Number Act
The Denco Area 9-1-1 Distr~ct's staff ~s responsible for performing all the duties that may
be required for the d~str~ct to accomplish its m~ss~on w~thln the framework prowded by
the board The "Draft" Denco Area 9-1-1 D~str~ct F~scal Year 2002 F~nanclal Plan
prowdes for ten full time staff members that provide the planning, operations and
maintenance functions for the d~stnct The orgamzat~onal structure of the d~strlct
~ncludes three d~rect service program areas that serve the 9-1-1 PSAPs and emergency
D~str~ct Overwew
Page 7 of 10
May 29, 2001
service prowders w~th~n the d~stnct Included ~n the organizational chart are names of
staff members in each program area
Board
of
Managers
Mike Pedigo
Executive
Director
Carla Flowers
Business Manager
Patty Cross Mark Payne
Pubhc Education/ 9-1-1 Systems
Training Manager ~ Manager
Manager
t I ~ Kandy Jones I Interns
Public Education/ 9-1-1 Systems
Secretary
Training Technician
Secretary
GIS F~ural Addressing
Coordinator Spec~ahst
M~ss~on, Goals and Oblect~ves
Mission
The Denco Area 9-1-1 D~stnct has defined as ~ts m~ss~on
To estabhsh and maintain 9-1-1 as the pnmary emergency teJephone number for the
Denco Area 9-1-1 D~stnct and enhance the ab~hty of local governments to respond to
calls for emergency help
D[stnct Overwew
Page 8 of 10
May 29, 2001
Goals and Ob ect~ves
The Denco Area 9-1-1 D~str~ct's has ~dent~fied several goals and specific objectives
required to accomphsh each goal The achievement of these goals wdl assist the d~stnct
accomphsh ~ts m~ss~on
Goal 1 To prowde the pohcy, d~rect~on and control mechamsms necessary to assure
that the Denco Area 9-1-1 D~stnct accomphshes ~ts m~ss~on w~th~n the flnanc~at
resources prowded by legislation and the approved budget Ongoing objectives are the
following
· Represent the interests of member jurisdictions, emergency serwce prowders and
users In defining d~stnct's m~sslon, goals and objectives
· Prowde the pohc[es and d~rect~on required to set a deflmte course for decision
making
· Monitor the financial position of the district to assure comphance w~th the approved
financial plan and to assure long-term stabd~ty
· Evaluate requests for system upgrades, enhancements and capital expenditures,
~nsurlng that the decisions fall within the scope of the d~stnct's financial plan and
mission statement
Goal 2~ To manage the Denco Area 9-1-1 D~stnct in an object~ve, efficient, cost effective
and responsive manner Ongoing object,yes are the following
· Administer the Denco Area 9-1-1 D~stnct and the pubhc funds entrusted to ~t, ~n a
manner that assures comphance w~th apphcable legislation
· Implement the d~rectlves and pohc~es of the Denco Area 9-1-1 D~stnct Board of
Managers
· Provide 9-1-1 service ~n a cost-effective manner through research, planning and
efficient use of 9-1-1 service fees
· Mon~tor legislative and regulatory ~ssues that may have ~mpact on the funding
and/or operation of the d~str~ct and take appropnate action to protect the ~nterests
of the d~stnct
· Represent the d~stnct at appropriate local, state and national meetings
District Overview
Page 9 of 10
May 29, 2001
· Prepare and manage the d~strlct's financial plan ~n a manner that ~s responsive to
the needs and desires of local public safety agencies, yet provides long-term
f~nanc~al stab~hty
· Evaluate the effectIveness of d~stnct staff ~n accomphsh~ng ~nd~wdual and d[str~ct
goals and objectives
· Remain abreast of changing technology that may prowde short-term and long-term
enhancements to the network and keep board advised of changes that may affect
d~stnct operations
· Actively encourage communication and ~nteract~on among emergency serwce
prowders, member jur~sd~ctmns, community groups and the Denco Area 9-1-1
D~stnct
Goal 3 To ~nform potential users about the ava~lab~hty and to promote the proper use of
the 9-1-1 system Ongoing objectives are the following
· Design and ~mplement effective 9-1-1 pubhc ~nformat~on and education programs
that focus on the specIfic needs and special ~nterests of targeted groups, ~nclud~ng
those w~th commun~cabon barriers
· Seek opportumtles for presentation of 9-1-1 information through community outlets
· Provide support, acknowledgement and recognition of the s~gn~f~cant contribution
made by d~stnct telecommumcators
· Assist with the development of school curriculum materials concermng handhng of
emergency s~tuat~ons
Goal 4 To prowde a program that enables PSAP personnel to effectively use the 9-1-1
system Ongoing objectives are the following
· Evaluate emerging technology and ~ts ~mpact on training needs
· Offer initial and ongoing training for dlstr~ct telecommun~cators on a regular bas~s
w~th attention to special needs
· Assure that training programs sponsored by Denco meet or surpass state and
national standards and prowde telecommun~cators w~th professional development
o~portun~t~es
· Develop, update and distribute tra~mng materials and mformat~on about tra~mng
opportumt~es
· Monitor tra~mng ~ssues, enhancements and trends, evaluating and recommending
those benefm~al to the d~str~ct
D~stnct OverView
Page 10 of 10
May 29, 2001
Goal 5 To provide the most effectwe, rehable and technologically advanced 9-1-1
system possible w~th~n the d~stnct's available resources Ongoing object~ves are the
following
· Prowde and maintain a dependable voice and data network that wdl, dunng normal
peak demand, route all 9-1-1 calls to the correct pubhc safety answenng point
(PSAP)
· Monitor statistical data and error reports, recogmz~ng any trends that may ~nd~cate
database or network problems
· Momtor the use of the 9-1-1 system, ~dent~fy, research and ~mplement measures
that make the system more efficient and effective
· Fac~htate the flow of ~nformat~on between member jurisdictions, pubhc safety
answenng points and telephone companies ~n a manner that w~ll achieve a
database accuracy level of not less than 99 5 percent
· Evaluate the needs of each PSAP as ~t relates to the entire d~stnct and recommend
systems that match the PSAP's and district's requirements
· Maintain a contingency plan that provides alternate routing for 9-1-1 calls dunng a
PSAP evacuation or system failure
· Fac~htate the flow ~f ~nformat~on required by the addressing maintenance program ~n
unincorporated Denton County
2O
DENCO AREA 9-1-1 DISTRICT
FISCAL YEAR 2002 FINANCIAL PLAN SUMMARY
~ervlew
F~scal year 2001
During fiscal year 2001 the Denco Area 9-1-1 D~stnct has moved ~n a new
d~rect~on w~th regards to the planmng, design and maintenance of ~ts emergency
commumcatlon systems The changtng dynamics of the telecommunications
industry has placed more demands on systems and required more involvement
~n the management of the day-to-day aspects of 9-1-1 call delivery Even though
some of the new telephone companies that have been prowdmg service s~nce
deregulation have d~sappeared, Denco st~ll prowdes the 9-1-1 network and
database for approximately 40 telephone companies The d~str~ct's Information
Systems department is h~ghly revolved ~n insuring that the network and database
of all telephone compames ~s as dependable as possible
In the past, the d~stnct has rehed on ex~sflng telephone companies (primarily
GTE and Southwestern Bell) to design and maintain the d~stnct's 9-1-1 systems
That approach worked well m the past and the companies prowded excellent
service to the dlstr~ct The m~grat~on to an ~ntegrated system ~n 1998 has
required more hands-on ~nvolvement by d~stnct personnel ~n managing the
system The d~stnct employed a 9-1-1 System Manager ~n October 2000 to
develop a program for future design and maintenance of the 9-1-1 call taking
equipment and network Over the past year, staff has evaluated, ~nventoned
ex~st~ng resources and developed a plan to assume those maintenance
respons~b~htles that have been managed by telephone companies ~n the past
Many of the plans for upgrading and ma~nta~mng the system are already ~n
progress D~stnct staff plans to assume full maintenance responsibilities October
1, 2001
Another area ~n which the Denco Area 9-1-1 D~stnct has worked over the past
year to ~mprove services to member junsdictlons ~s through commumcabons In
March~ of th~s year, Denco produced ~ts first annual report that was sent to
elected official and other part~es Thls report prowded members w~th both
performance and financial data regarding d~stnct performance for the pnor fiscal
year, 2000 In add~bon to the annual report, Denco has sent the first ed~bon of
The Denco Update, to jurisdictions Th~s pubhcat~on prowdes ~nformat~on about
current ~ssues relating to the prows~on of emergency commumcabon services
FY2002 Summary doc Page 1 of 5
In addition to the general accomplishment of the Denco Area 9-1-1 D~strict dunng
fiscal year 2001, the following are specific projects that will be completed prior to
the end of the fiscal year
· Add two additional CML SeNTinel Workstations at the C~ty of Carrollton
PSAP
· Add one additional answenng pos~t~on at The Colony PSAP
· Implement a contingency routing network for the P~lot Point, Argyle, Justin
and Bartonwlle telephone exchanges
· Complete the ~mplementat~on of Phase I enhanced wireless 9-1-1
services
· Develop a plan for the ~mplementat~on of Phase II enhanced w~reless
9-1-1 services
· Develop a request for proposal for network and database services
· Beg~n replacing computer eqmpment at all PSAPs
· Complete the ~mplementat~on of a new GIS program for 9-1-1 data
· Increase the number of tra~mng opportumbes for telecommumcators
· Promote the use of newly assigned addresses m rural Denton County
· Complete the development of an online training program and prowde
refresher tra~mng for all telecommumcators
· Provide EMD certification training for newly h~red telecommumcators
· Expand the GIS coverage to ~nclude street and block-range data files for
all c~tles ~n Denton County
F~scaI,Year 2002
Beginning October 1st, all calls for repair or service from ~ts PSAPs w~ll come
d~rectly to the Denco Area 9-1-1 D~stnct A plan ~s ~ncluded ~n the fiscal year
2002 budget to prowde both staff resources and back-up resources to respond
to these calls ~n a t~mely manner Included ~s the addtbon of a 9-1-1 System
Technician who w~ll be responsible for preventative maintenance in add~bon to
resolving problems The techmclan w~ll d~rectly support the 9-1-1 System
Manager Many tools have been ~nstalled during the current year to allow remote
maintenance of the equipment, thus expediting resolution to trouble t~ckets
The distr~ct also plans to continue developing GIS data that w~ll prowde 9-1-1
call-takers w~th better ~nformat~on to relay to emergency responders Included
w~ll be additional addressing points ~n newly developed areas of umncorporated
Denton County, new subdivisions in participating c~fles and landmarks such as
h~ghway m~le markers, schools and public buildings As ~n past years, the d~str~ct
plans to continue to maintain ~ts 9-1-1database accuracy to greater than 99 5
percent
FY2002 Summary doc Page 2 of 5
Denco's Pubhc Educat~on/Tra~mng Manager plans to lead an effort across the
state ~n the development and d~stnbut~on of a public ~nformat~on campaign,
~nform~ng w~roless users of the 9-1-1 system how to properly use the system and
program their telephones to not accidentally d~al 9-1-1 Th~s w~ll be a joint effort
among many 9-1-1 districts and service prowders In addition, the d~stnct plans
to continue ~mprowng ~ts commumcat~ons w~th member junsdmt~on w~th another
annual report, The Denco Update and The Dghtnlng Bolt
The f~scal year 2002 financial plan also provides for ~ncreased tra~mng
opportumtles next year In fiscal year 2001, Denco w~ll double the training
contact hours ~t facilitates Th~s emphas~s on training w~ll continue Included
both this year and next ~s the d~strlct's sponsoring two telecommumcators to the
national emergency medical d~spatch (EMD) conference These scholarships
are ~n recognition of former board chairman and training advocate, Dr Allen
Groff The Dr Allen Groff Memorial EMD Scholarship w~ll be an ongoing
program The recip~ents will not only enhance tra~mng at their own agencies, but
also share techmques w~th telecommun~cators from across the Denco Area 9-1-1
D~stnct
In ^phi 2001, the Denton County Shenff's Office had one of ~ts commumcat~ons
officers named Telecommunicator of the Year for the State of Texas Several
dispatchers from d~stnct agencies have received that award ~n past years In
addition to the telecommumcator of the year award, Silent Heroes from s~x
d~fferent PSAPs were honored at an awards banquet ~n Austin The d~str~ct w~ll
continue to support efforts to recogmze these call-takers by sponsonng award
w~nners to the next statew~de recogmtlon ~n 2002
A major goal for fiscal year 2002 ~s the ~mplementat~on of Phase II enhanced
w~reless 9-1-1 services Once implemented, d~spatchers w~ll be able to ~dent~fy
the approximate location of w~roless 9-1-1 calls, using the map d~splay system
and the GIS data that ~s prowded on the ~ntegrated call-taking equipment Phase
I has prowded the telecommumcators the location of the tower that processes
the 9-1-1 call and the callers telephone number These are tools that have
provided groat assistance over the past two years The addition of the
coordinates defining the location of the telephone being used w~ll enhance the
process for dispatching w~roless 9-1-1 calls
The district's ~ntentlon ~s to begin prowd~ng Phase II service ~n October 2001
The d~stnct has worked for several years upgrading ~ts network, hardware and
software to be prepared to dehver w~roless location ~nformat~on The Federal
Commumcat~ons Commission (FCC) has roequ~rod w~roless service providers to
begin dehvenng Phase II servme ~n October 2002 Several of the carriers have
requested waivers and aro not yet prepared to dehver the elements required for
Phase II Denco ~s prepared to receive the ~nformat~on, once the w~roless
carriers deliver In fact, the Denco Aroa 9-1-1 District has been named by the
Association of Pubhc Safety Commumcatlons Officials (APCO) as the 9-1-1
FY2002 Surnrna~J doc Page 3 of 5
24
service prowder ~n Texas to represent the orgamzatlon ~n testing and
~mplement~ng Phase II services Denco has notified all carriers of ~ts read~ness
and ~s waiting on a response to beg~n implementation
Financial Overview
Revenue H~,qhh,qhts
· Denco estimates a net increase of $169,102 in total revenues ~n FY 2002
· Projected interest earned for FY2002 is $68,500
· Denco expects to receive a refund of $136,745 for prepaid maintenance
services It also expects to receive approximately $10,000 for the sale of
miscellaneous computer and other equipment that will be upgraded
· Denco expects to receive $61,044 for contract services provided to the
county for addressing maintenance ~n umncorporated Denton County
· Denco has no plans to borrow funds in fiscal year 2002
Expenditure Hiqhh,qhts
· Total Personnel expenditures are increased by $154,133 Included ~n the
proposed increase is the addition of a 9-1-1 System Technician and an
Information Systems Secretary Included ~n the increase is salary and
benefits for both Also ~ncluded is an adjustment in pay scales for
existing dlstnct personnel Health insurance rates are projected to
increase by 14 percent
· Operations expenditures are expected to decrease by $53,597 ~n fiscal
year 2002 Much of those costs have been sh~fted to direct services due
to the nature of the expenditures
· Direct Service expenditures are expected to increase by $324,496 A
large amount of that increase ~s a contingency for Phase II wireless
services Also ~ncluded ~s an ~ncrease in the wide area network bandwidth
used to pass both GIS and 9-1-1 data, troubleshoot the system, collect
statistical information and prowde a secondary ALI data path The d~stnct
plans to upgrade the 9-1-1 systems to the latest version, which w~ll
provide add~bonal tools to d~spatchers
· Capital expenditures are decreased by $103,729 Included ~n the fiscal
year 2002 financial plan ~s the estabhshment of a lab to evaluate
equipment and network Furmture and test equipment for the lab are
~ncluded ~n the capital expenditures Also ~ncluded ~s the replacement of
monitors at all PSAPs The d~stnct also plans to purchase Cnt~Call
Personnel Selection software to be used by participating junsd~ct~ons ~n
the selection process of new telecommumcators
· Debt Service does not change Fiscal year 2002 ~s the final year of a five-
year lease purchase arrangement for the purchase of 9-1-1 equipment
FY2002 Summary doc Page 4 of 5
The endtng fund balance projected ~n Schedule 4 for the next five years
provides a strong financial position for the d~stnct at the ex~st~ng serwce
fee rate The Denco Area 9-1-1 District Board of Managers ~s committed
to prowdlng the best service available within the present day funding
structure
FY2002 Summary doc Page 5 of 5
DENCO AREA 9-t-1 DISTRICT
SUMMARY OF COST CLASIFICATIONS
Personnel
Includes staff salary, deferred compensabon, health care and retirement benefits Also
~ncluded are costs for state unemployment tax and employer's contnbubon to Medicare
Operations
Includes overhead costs for ongoing 9-1-1 emergency network support services
Commumcatlons
Includes telecommumcabon, prlnt~ng/pubhsh~ng and postage/sh~pp~ng costs necessary
for the d~stnct to d~ssem~nate ~nformat~on
Telecommumcabon costs ~ncludes local and long-distance office telephone and
w~reless service, ~nternet, pager, and telephone equipment expense
Pr~ttnq/Publ~sh~na ~ncludes all costs of outside printing, b~nd~ng, collating,
design, layout, photography, art work, and s~m~lar costs related to the preparabon
and pubhcat~on of pnnted mater~al such as letterhead, newsletter shells,
envelopes, bus~ness cards and wdeo presentations
Postaae/Shloo~n= ~ncludes ail general and overmght postage, ~nsurance, freight,
delivery, meter rental and other related costs except when postage and sh~pp~ng
are included ~n the total purchase price of a specific ~tem
Expendable Supplies
Includes the cost of routine expendable office supplies and commercially available
software Supphes also ~nclude the costs associated w~th service awards and meetings
Prcfess~qnal Services
Includes the cost of legal fees, accounting services, independent audit and professional
development cost for conference registration, tuition reimbursement, reimbursement
pa~d to new employees as part of recruitment agreement, and staff training Includes
cost of all service, repair, support and maintenance ~ncurred after m~bal purchase of
furmture, fixtures, and equipment
summary of cost classifications doc Page 1 of 4
Office Sp;~ce/Mamtenance
Includes the cost of ufll~bes, building services, maintenance and repair expense for
office andl tra~mng facility owned by d~str~ct
Memberslllps/Subscr~ot~ons
Includes ~nd~wdual and orgamzabonal memberships to professional orgamzat~ons such
as National Emergency Number Association (NENA), Association of Public Safety
Commumcat~ons Officials-International (APCO), and American Society for Tra~mng and
Development (ASTD) Includes subscnpt~ons to newspapers, periodicals, ~nformabon
services, techmcal support publications and the purchase or rental of books, wdeos and
recordings
Advert~s~rl,q
Includes the cost of public service announcements, required legal notices, public
meeting notices, sollmtat~on for bids, job announcements, and other costs related to the
media
Insurance
Includes general hab~lity, errors and omissions, property and workers compensation
~nsurance required for the d~stnct board and staff Also, includes property ~nsurance for
PSAP equipment owned by d~str~ct not located at Denco fac~l~bes
Travel
Includes out of d~stnct travel costs such as, but not I~m~ted to m~leage reimbursement,
a~rfare, food, lodging, local transportation, parking, telephone, etc when such costs are
reasonable and when they are recurred in conjuncbon with board and authorized staff
travel oui of the d~stnct Aisc included ~s reimbursement for the use of personal vehicles
on official bus~ness w~th~n the district
DIRECT SERVICES
Includes all non-recurnng and recumng costs attributed d~rectly to the operations,
maintenance, equipment, network and database required in the prowslon of 9-1-1
services I Does not include the cost for eqlJ~pment purchased and owned by the
d~strict Aisc ~ncluded are d~rect costs for ~nformatlon system services, public education
and training for telecommumcators
summar~ of Cost classifications doc Page 2 of 4
28
9-1-1 Systems
Includes operations, service and d~ract maintenance costs required for Denco to
maintain the 9-1-1 systems Also ~ncluded ara non-recurnng and monthly recurnng
costs for network and database servmes, language interpretation and other recurnng
services
/nformat~o S s~
Includes operations, service and d~rect maintenance costs required to develop and
d~stnbute 9-1-1 GIS and other database information to pubhc safety answering points
and emergency response agencies Included ara costs for contract personnel, the
purchase of aerial photography files and the servme and maintenance of hardware and
software requ~rad to provide the data
Pubhc Ed~cabon
Includes operating costs requ~rad for the development, purchase and d~stnbubon of
pubhc ~nformabon and education matenals for special focus groups and d~stnct at large
Also ~ncludes costs for special functmns such as National Telecommumcator Week
recogmt~on and 9-1-1 Day act~wtles
Tra~mn,q
Includes cost for materials, ~nstructors, registration, etc, associated w~th meeting the
tra~mng needs of 9-1-1 call takers Also ~ncluded are d~rect costs required for Denco to
sponsor telecommumcators from across the d~stnct to the State of Texas annual awards
and appreciation act~wt~es and recipients of the Dr Allen Groff Emergency Medical
Dispatch (EMD) Scholarship to the national EMD conference
CAPITAL EXPENDITURES
Includes all capital expenditures for the purchase of fixed assets such as land, building,
furmture and fixtures and equipment
Land
Includes all costs associated w~th the purchase of land ~ncludmg purchase pnce, real
estate commissions and all related professional fees
Bu~ld~n,q
Includes all costs associated w~th the improvement, construction or purchase of building
faclht~es Includes all construction costs, professional fees and permits
summary of cost classifications doc Page 3 of 4
Furmture and F~xtures
Includes purchase pnce plus all expenditures related to the shipping, freight,
transportation and installation of furniture and fixtures
Office Equipment
Includes the cost of office equipment ~nclud~ng the purchase price plus all expenditures
connected w~th the acqu~slbon and ~nstallat~on of the equipment
PSAP Eq¥~pment
Includes the cost of computer and other PSAP equipment that ~s purchased by the
dlstr~ct and carried as a fixed asset
DEBT SERVICE
Includes principal, ~nterest, and other payments directly related to the repayment of
debt
summary of cost class~flcations doc Page 4 of 4
30
SCHEDULE 1
DENCO AREA 9tl DISTRICT FINANCIAL PLAN
BEGINNING OF YEAR FUND BALANCE $972,946 $t,196,477 $1,348,678 $152,202
ANTICIPATED REVENUES
9-1-1 Service Fee Revenue $2,082 690 $2 338 961 $2,522 391 $183 430
Interest Revenue $53,500 $75 593 $68 500 ($7 093)
M~scellaneous Revenue (Expense) $170 000 $153 930 $146 745 ($7 185)
Contractual Services Revenue $58.825 $60.344 $60.294 ($50)
TOTAL ANTICIPATED REVENUES $2,366,016 $2,628,828 $2,797,930 $169,102
PROPOSED EXPENDITURES
Personnel $567 994 $566 188 $720 320 $154 133
Operations $188.101 $182 778 $129,181 ($53 597)
D~mct Services $1,086,971 $1,138 207 $1 462 703 $324 496
Capital Expenditures $406 229 $361,209 $257 480 ($103 729)
Debt Servme $228.245 $228.245 $~28.245 $0
TOTAL PROPOSED EXPENDITURES $2,477,540 $2,476,627 $2,797,930 $321,303
REVENUES OVER EXPENDITURES ($112,525) $152,202 $0 N/A
END OF YEAR FUND BALANCE ~ ~;1.348.678 ~ $0
Note Stated Fund Balance does not Include Inveetment In Fixed Assets
It reflects available cash to meet budgeted needs
Variance equals FY 2002 Proposed less FY 2001 Estimated
FY2002 F~nanclal Plan xls6/7/2001 1
32
SCHEDULE 2
DENCO AREA 911 DISTRICT FINANCIAL PLAN
SERVICE FEE REVENUE
Venzon $985,689 35 23'
SBC $175,160 6 26c
Spnnt $32,167 1 15~
CenturyTel $51,265 1 83'
Other Local Exchange Carriers (CLECs) $200,538 7 17c
Wireless $1,097,821 39 24~
Pnvate Sw~tch Service Fees $6,000 0 21~
Telephone Company Adm~mstrabve Charges ($14,448) -0 52'
Telephone Company Uncollecbble Charges ($1,800) -0 06'
Other Telephone Company Adjustments {$10,000~ -0 36c
TOTAL NET SERVICE FEE REVENUE $2,522,391 90 150
NON SERVICE FEE REVENUE
Interest Revenue $68,500 2 45c
M~scellaneous Revenue (Expenses) $146,745 5 24c
Contract Servmes ~60.294 2 15°
TOTAL NON SERVICE FEE REVENUE $275,539 9 850
TOTAL REVENUE $2,797,930 100.00°~
FY2002 F~nanc~al Plan xls6/712001 1
33
SCHEDULE 3
DENCO AREA 911 DISTRICT FINANCIAL PLAN
PERSONNEL EXPENDITURES
Salaries $562 733 20 11%
Benefits $157 587 5 63%
Contract Personnel Services $0 0 00%
TOTAL $720,320 25 74%
OPERATIONS EXPENDITURES
Commumcations
Telecommumcations $16,211 0 58%
Printing $2 100 0 08%
PostagalSh~pping $5,422 0 19%
Supplies $12,000 0 43%
Professional 8erwces 0 00%
Legal Services $16,000 0 57%
Independent Audit $2 700 0 10%
Professional Development $4 700 0 17%
Other Professional Services $9,470 0 34%
Office Space/Maintenance $31 189 I 11%
Membereh~pslSubscriptions $1 529 0 05%
Advertising $600 0 02%
insurance $7 660 0 27%
Travel
Out of D~stnct $13,350 0 48%
In D~stnct $6.250 0 22%
TOTAL $129,181 4 62%
DIRECt' SERVICE EXPENDITURES
9-1-1 Systems $1,298 433 46 41%
Information Systems $75,585 2 70%
Public Education/'Tra~mng $88.685 ~, 17%
TOTAL $1,462,703 52 28%
CAPITAL EXPENDITURES
Building $3 000 0 11%
Furniture and Fixtures $8 300 0 30%
Office Eqmpment $47,080 1 68%
PSAP Equipment $199.100 7 12%
TOTAL $257,480 9 20%
DEBT SERVICE EXPENDITURES
PSAP Equipment Debt $228.245 8 16%
TOTAL $228,246 8 16%
$2~797~930 100 00%
FY2002 F~nanc~al~Plan xls5/24/2001 1
SCHEDULE 4
DENCO AREA 911 DISTRICT FINANCIAL PLAN
lES
Revenue
FY2002 F~nanc~al Plan xls6/7/2001 1
~ 35
H B No 1984
AN ACT
relating to the consohdabon of emergency communication d~stncts and to the approval
of proposed budgets of certain emergency communtcabon d~strlcts
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS
SECTION 1 Section 771 001(3), Health and Safety Code, ~s amended to read as
follows
(3) "Emergency communmat~on d~str~ct" means
(A) a public agency or group of pubhc agencies acbng jointly that
prowded 9-1-1 service before September 1, 1987, or that had voted or contracted
before that date to provide that serwce, or
(B) a d~stnct created under Subchapter B, C, [e~] D, or F, Chapter
772
SECTION 2 Secttons 772 309(b), (c), and (d), Health and Safety Code, are
amended to read as follows
(b) The board shall submit a draft of the proposed bud,qet to the .qovermnq bodies of
the part~clpat~n,q lur~sd~ct~ons not later than the 45th day before the date the board
adopts the budqet The parttc~patm,q lur~sd~ct~ons shall review the proposed bud,qet and
submit any comments reqardln,q the budget to the board
(c) If the .qovermn.q body of a county, munlc~13ahtv, or other parbc~pat~n,q lunsd~ctlon
does not,approve or d~sapprove the bud.qet before the 61st day after the date the body
received [the proposed budget for review, the budeet ~s approved by operation of law
~ A rews~on of the budget must be approved ~n the same manner as the budget
budget legislation doc Page 1 of 2
3?
~). [(e,)] As soon as practicable after the end of each d~stnct fiscal year, the director
shall prepare and present to the board and to each participating junsd~cbon ~n wnbng a
sworn statement of all money received by the dlstnct and how the money was used
during the preceding fiscal year The report must show in detail the operations of the
dlstnct for the fiscal year covered by the report
~ [(d-)] The board shall have an independent financial audit of the d~stnct performed
annually
budget legislation doc Page 2 of 2
DENCO AREA 9-1-1 DISTRICT
RESOLUTION
DEFINING PROCEDURES FOR CONSIDERATION AND APPOVAL OF A BUDGET
WHEREAS, Sections 772 309(b)&(c), Texas Health and Safety Code have been
amended by the Texas Legislature to specify certain procedures for the consideration
and approval of a budget by the Board and govermng bodies of part;c;patlng
junsd;ct~ons
NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT
BOARD OF MANAGERS:
The Board's procedures for consideration and approval of a budget shall include the
following
I Not later than the 45th day before the Board adopts a budget, the Executive
D~rector on behalf of the Board will submit a draft of the proposed budget to
each of the governing bodies of the part~c~pabng jurisdictions In a transmittal
letter accompanying the draft of the proposed budget, the Execubve D~rector
w~ll ~nclude a statement requesting that the govermng bodies of each of the
participating jurisdictions review the draft of the proposed budget and submit
any comments to the Board prior to or on the date the budget ~s scheduled for
consideration and adoption by the Board
2 Once the Board adopts the budget, the Execubve D~rector on behalf of the
Board will w~thln three days either 1) send a letter to each of the governing
bodies of the partlclpabng jurisdictions stabng that the Board adopted the
proposed budget w~thout any changes or 2) send a copy of the budget
adopted by the Board and ~nclude in a letter the differences between the
proposed and adopted budget In the letter to the govermng bodies of the
parbc~pat~ng jurisdictions, the Executive D~rector will include a statement
requesting approval of the Board's adopted budget by the govermng bodies
of participating jurisdictions w~thm sixty days of receipt
APPROVED and ADOPTED on this 2nd day of December 1999
Chairman, Board of Managers
Secretary, Board of Managers
Budget ^pproval Procedures doc Page 1 of 1
39
SUBCHAPTER D. EMERGENCY COMMUNICATION DISTRICTS. COUNTIES
WITH POPULATION OVER 20,000
§ 772 30t Short Title
Th;s subchapter may be c~ted as the Emergency Telephone Number Act
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772.302. Purpose
It ,s the purpose of th;s subchapter to estabhsh the number 9-1-1 as the
primary emergency telephone number for use by certain local governments ~n
th~s state and to encourage units of local government and combinations of those
umts to develop and ~mprove emergency commumcat~on procedures and
facilities ~n a manner that w;ll make possible the qu~ck response to any person
calling the telephone number 9-1-1 seeking pohce, tire, medical, rescue, and
other emergency serwces To th~s purpose the legislature finds that
(1) ~t ts ~n the public ~nterest to shorten the t~me reequ~red for a c~bzen to
request and receive emergency a~d,
(2) there ex~st thousands of d~fferent emergency telephone numbers
throughout the state, and telephone exchange boundaries and central office
serv;ce areas do not necessarily correspond to pubhc safety and pohbcal
boundaries,
(3) a dominant part of the state's population ~s located ~n rapidly expanding
metropolitan areas that generally cross the boundary I~nes of local jur~sd;ct~ons
and often extend into two or more counties, and
(4) prows~on of a s~ngle, primary three-d~gtt emergency number through which
emergency services can be quickly and efficiently obtained would prowde a
s~gnlficant contrtbubon to law enforcement and other public safety efforts by
making ~t less d~fficult to nobfy pubhc safety personnel quickly
Acts 1989, 71st Leg, ch 678, § 1, eff Sept 1, 1989
§ 772,303. Deflmflons
In th~s subchapter
(1) "Board" means the board of managers of a d~str~ct
Health and Safety Code, Chapter 772 300 Page 1 of 16
40
(2) "Director" means the director of commumcabon for a d~stnct
(3) "D~stnct" means an emergency communication d~str~ct created under th~s
subchapter
Acts 1989, 71st Leg, ch 678, § 1, eff Sept 1, 1989
§ 772.304. Apphcation of Subchapter
(a) Th~s subchapter apphes only to a county with a population of more than
20,000 or to a group of two or more conbguous counties each with a population
of 20,000 or more m which an emergency communication d~stnct was created
under Chapter 288, Acts of the 69th Legislature, Regular Session, 1985, before
January 1, 1988, or to a public agency or group of pubhc agencies that w~thdraws
from part~c~pabon ~n a regional plan under Section 771 058(d)
(b) Th~s subchapter does not affect the authonty of a public agency to operate
under another law authorizing the creabon of a d~strlct ~n which 9-1-1 service is
prowded
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
Amended by Acts 1999, 76th Leg, ch 1405, § 32, eft Sept 1, 1999
§ 772.306. Additional Territory
(a) If a mumc~pahty that ~s part of a d~stnct annexes territory that ~s not part of
the d~stnct, the annexed terntory becomes part cf the d~stnct
(b) A public agency located in whole or part in a county adjo~mng the d~stnct,
by resolution adopted by ~ts governing body and approved by the board of the
d~stnct, may become part of the d~stnct and subject to ~ts benefits and
requirements
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772,306. Board of Managers
(a) A d~stnct ~s governed by a board of managers
(b) If the most populous mumc~pahty ~n the d~str~ct has a populatlon of more
than 140,000, the board consists of
(1) one member for each county m the d~stnct appointed by the
comm~ssioners court of each county,
Health and Safety Code Chapter 772 300 Page 2 of 16
4!
(2) two members appointed by the govermng body of the most populous
mumclpahty ~n the d~strlct,
(3) one member appmnted by the govermng body of the second most
populous mumc~pahty ~n the d~stnct,
(4) one member appointed as prowded by th~s section to represent the other
mumc~paht~es located ~n whole or part ~n the district, and
(5) one member appointed by the pnnclpal service supplier
(c) If Subsection (b) does not apply to a d~str~ct, the board consists of
(1) the following members representing the county or counties ~n the d~str~ct
(A) if the d~str~ct contains only one county, two members appointed by the
commissioners court of the county,
(B) if the d~stnct orIginally contained only one county but contains more than
one county when the appointment ~s made, two members appointed by the
comm~ss~(3ners court of the county m whmh the d~stnct was originally located, and
one member appointed by the commIssioners court of each other county ~n the
d~stnct; or
(C) ~f the d~str~ct originally contained more than one county and the d~strlct
contains more than one county when the appointment ~s made, one member
appointed by the commissioners court of each county ~n the d~str~ct,
(2) two members appointed jointly by all the participating mun~c~pahbes
located ~n whole or part ~n the d~stnct,
(3) one member appointed jointly by the volunteer fire departments operating
wholly or partly ~n the d~str[ct, w~th the appointment process coordinated by the
county fire marshal or marshals of the county or counties m the d~str~ct, and
(4) one member appointed by the principal service suppher
(d) The board member appointed by the pnnc~pal service suppher ~s a
nonvoting member If the board ~s appointed under Subsection (c), the principal
service suppher may waive ~ts r~ght to appoint the board member and designate
another service suppher serving all or part of the d~stnct to make the
appointment
(e) The board member appointed under Subsection (b)(4) ~s appointed by the
mayor's council estabhshed to adm~mster urban development block grant funds, ~f
one exists ~n the d~stnct Otherwise, the member ~s appointed by the other
Health and Safety Code Chapter 772 300 Page 3 of 16
members of the board on the adwce and recommendation of the govermng
bodies of all the mumc~paht~es represented by the member
(f) The ~mt~al board members appointed by mumclpaht~es under Subsection
(c)(2) are appointed by all the mun~c~pahbes located ~n whole or part ~n the
dlstr~ct
(g) Board members are appointed for staggered terms of two years, w~th as
near as possible to one-half of the members' terms exp~nng each year
(h) A board member may be removed from office at w~ll by the enbty that
appointed the member
(0 A vacancy on the board shall be filled for the remainder of the term ~n the
manner prowded for the original appointment to that pos~bon
(j) Board members serve w~thout compensation The d~str~ct shall pay all
expenses necessarily ~ncurred by the board ~n performing ~ts functions under th~s
subchapter
(k) The board may appoint from among ~ts membershIp a presiding officer and
any other officers ~t considers necessary
(I) The d~rector or a board member may be appointed as secretary of the
board The board shall require the secretary to keep suitable records of all
proceedings of each board meeting After each meeting the presiding officer at
the meeting shall read and s~gn the record and the secretary shall attest the
record
(m) Voting members of the board may meet in executive session ~n
accordance w~th Chapter 551, Government Code
(n) A majority of the voting members of the board constitutes a quorum
Acts 1'989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
Amended by Acts 1995, 74th Leg, ch 76, § 5 95(82), eft Sept 1, 1995, Acts
1995, 74th Leg, ch 638, § 15, eft Sept 1, 1995
§ 772.307. Powers and Dutiee of Board
(a) The board shall control and manage the dlstnct
(b) The board may adopt rules for the operation of the d~stnct
Hearth and Safety Code Chapter 772 300 Page 4 of 16
43
(c) The board may contract with any pubhc or pnvate entity to carry out the
purposes of th~s subchapter, including the operation of a 9-1-1 system
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772 308 Director of D,stnct
(a) The board shall appoint a d~rector of commumcat~on for the d~stnct and
shall establish the d~rector's compensabon The al;rector must be quahfled by
training and experience for the positron
(b) The board may remove the d~rector at any t~me
(c) W;th the board's approval, the d~rector may employ any experts,
employees, or consultants that the al;rector considers necessary to carry out the
purposes of th~s subchapter
(d) The director shall perform all duties that the board requires and shall
superwse as general manager the operations of the d~stnct subject to any
hm~tations prescribed by the board
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772,309, Budget; Annual Report, Audit
(a) The d~rector shall prepare under the d~rectlon of the board an annual
budget for the d~stnct To be effective, the budget must
(1) be approved by the board,
(2) be presented to and approved by the commissioners court of each county
in the d~stnct,
(3) be presented to and approved by the governing body of the most populous
mumc~pahty in the district, ~f that municipality has a population of more than
140,000, and
(4) be presented to the governing body of each other participating junsd~ctlon
and approved by a majonty of those jurisdictions
(b) The board shall submit a draft of the proposed budget to the governing
bodies of the participating junsdict~ons not later than the 45th day before the date
the board adopts the budget The partmlpat~ng junsd~ctlons shall review the
proposed budget and submit any comments regarding the budget to the board
Health and Safety Code, Chapter 772 300 Page 5 of 16
(c) If the governing body of a county, mumclpality, or other parbc~pat~ng
junsd~ction does not approve or disapprove the budget before the 61st day after
the data the body received the proposed budget for review, the budget ~s
approved by operation of law
(d) A rews~on of the budget must be approved ~n the same manner as the
budget
(e) As soon as practicable after the end of each d~stnct fiscal year, the d~rector
shall prepare and present to the board and to each partlclpabng junsd~ctlon in
writing a sworn statement of all money received by the district and how the
money was used dunng the preceding fiscal year The report must show ~n detail
the operations of the d~strlct for the fiscal year covered by the report
(f) The board shall have an independent financial audit of the d~stnct
performed annually
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
Amended by Acts 1999, 76th Leg, ch 1408, § 2, eff Aug 30, 1999
§ 772 3t0. Eatabl,shment of 9-1-1 Sew,ce
(a) A district shall provide 9-1-1 service to each participating junsd~ct~on
through one or a combination of the following methods and features
(1) the transfer method,
(2) the relay method,
(3) the d~spatch method,
(4) automatic number ~dentlficatlon,
(5) automatic location identification,
(6),selective routing, or
(7) any equivalent method
(b) A d~stnct shall provide 9-1-1 service using one or both of the follow~ng
plans
(1) the d~stnct may design, ~mplement, and operate a 9-1-1 system for each
part~cipabng junsd~ctlon w~th the consent of the junsdlctlon, or
Health and Safety Code Chapter 772 300 Page 6 of 16
45
(2) the district may design, ~mplement, and operate a 9-1-1 system for two or
more participating jurisdictions with the consent of each of those jurisdictions ~f a
joint operation would be more economically feasible than separate systems for
each jurisdiction
(c) Under e~ther plan authonzed by Subsection (b), the final plans for the
particular system must have the approval of each part~c~pabng jurisdiction
covered by the system
(d) The d~stnct shall recommend minimum standards for a 9-1-1 system
(e) A service suppher involved m providing 9-1-1 service, a manufacturer of
equipment used ~n prowdlng 9-1-1 service, or an officer or employee of a
service supplier involved ~n prowdmg 9-1-1 service ~s not hable for any claim,
damage, or loss arising from the prowslon of 9-1-1 service unless the act or
omission proximately causing the claim, damage, or loss constitutes gross
negligence, recklessness, or intentional misconduct
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
Amended by Acts 1995, 74th Leg, ch 638, § 16, eff Sept 1, 1995
§ 772 311 Primary Emergency Telephone Number
The dlg~ts 9-1-1 are the pnmary emergency telephone number in a d~stnct A
pubhc safety agency whose services are available through a 9-1-1 system may
maintain a separate number or numbers for emergencies and shall maintain a
separate number or numbers for nonemergency telephone calls
Acts 1989, 71st Leg, ch 678, § 1, eff Sept 1, 1989
§ 772.312 Transmitting Requests For Emergency Aid
(a) A 9-1-1 system estabhshed under th~s subchapter must be capable of
transmitting requests for fire-fight;ng, law enforcement, ambulance, and medical
serwces to a public safety agency or agencies that prowde the requested service
at the place from which the call originates A 9-1-1 system may also provide for
transmitting requests for other emergency services such as poison control,
su~c;de prevention, and clwl defense
(b) A public safety answering po;nt may transmit emergency response
requests to pnvate safety ent;bes
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772.313 Powers of DIstr~ct
Health and Safety Code, Chapter 772 300 Page 7 of 16
46
(a) The dlstnct ~s a body corporate and pol~bc, exercising public and essential
governmental funcbons and hawng all the powers necessary or convenient to
carry out the purposes and prowslons of this subchapter, includ~ng the capacity
to sue or be sued
(b) To fund the d~stnct, the district may apply for, accept, and race~ve federal,
state, county, or mumc~pal funds and private funds and may spend those funds
for the purposes of this subchapter The board shall determine the method and
sources of funding for the d~stnct
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772.314. 9-1-1 Emergency Service Fee
(a) The board may ~mpose a 9-1-1 emergency service fee on service users ~n
the d~stnct
(b) The fee may be imposed only on the base rate charge or ~ts equivalent,
excluding charges for co~n-operated telephone equipment The fee may not be
~mposed on more than 100 local exchange access hnes or their equivalent for a
s~ngle business entity at a s~ngle location, unless the lines are used by residents
of the location The fee may also not be imposed on any line that the Advisory
Commission on State Emergency Commumcatlons excluded from the definition
of a local exchange access hne or an equivalent local exchange access hne
pursuant to Section 771 063 If a bus~ness serwce user prowdes residential
fac~htles, each hne that terminates at a ras~dent~al umt and that ~s a
communication link eqmvalent to a residential local exchange access hne shall
be charged the 9-1-1 emergency service fee The fee must have umform
apphcatlon and must be ~mposed m each parbc~pat~ng jurisdiction
(c) The rate of the fee may not exceed s~x percent of the monthly base rate ~n
a service year charged a service user by the pnnclpal service supplier ~n the
participating junsdlct~on For purposes of th~s subsection, the jurisdiction of the
county ~s the umncorporated area of the county
(d) The board shall set the amount of the fee each year as part of the annual
budget The board shall notify each service suppfler of a change ~n the amount of
the fee not later than the 91st day before the date the change takes effect
(e) In ~mpos~ng the fee, the board shall attempt to match the d~strlct's
ravenaes to ~ts operabng expenditures and to prowde reasonable reserves for
contingencies and for the purchase and installation of 9-1-1 emergency service
equipment If the revenue generated by the fee exceeds the amount of money
needed to fund the d~stnct, the board by resolution shall reduce the rate of the
fee to,an amount adequate to fund the d~stnct or suspend the ~mposltlon of the
fee If the board suspends the ~mpos~t~on of the fee, the board by resolution may
Health and Safety Code, Chapter 772 300 Page 8 of 16
4'/
reinstitute the fee if money generated by the d~stnct ~s not adequate to fund the
district
(f) In a pubhc agency whose govermng body at a later date votes to receive
9--1-1 service from the d~stnct, the fee is imposed beg~nmng on the date
specified by the board The board may charge the incoming agency an additional
amount of money to cover the ~nlt~al cost of providing 9-1-1 service to that
agency The fee authorized to be charged in a district apphes to new territory
added to the district when the territory becomes part of the d~stnct
(g) For the purposes of thIs section, the jurisdiction of the county ~s the
umncorporated area of the county
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
Amended by Acts 1993, 73rd Leg, ch 936, § 14, eft Aug 30, 1993, Acts 1999,
76th Leg, ch 1203, § 5, eft June 18, 1999
§ 772.3t$, Collection of Fee
(a) Each b~lled service user ts hable for the fee ~mposed under Section
772 314 until the fee ~s paid to the service suppher The fee must be added to
and stated separately in the service user's b~ll from the service suppher The
service supplier shall collect the fee at the same tlme as the service charge to the
service user ~n accordance w~th the regular b~lhng practice of the service suppher
A bus~ness service user that prowdes residential fac~ht~es and owns or leases a
pubhcly or privately owned telephone sw~tch used to provide telephone service to
fac~hty residents shall collect the 9-1-1 emergency service fee and transmit the
fees monthly to the district
(b) The amount collected by a servIce suppher from the fee ~s due monthly
The service suppher shall remit the amount collected in a calendar month to the
d~stnct not later than the 60th day after the last day of the calendar month With
each payment the service suppher shall file a return ~n a form prescribed by the
board,
(c) Both a service suppher and a business service user under Subsection (a)
shall maintain records of the amount of fees ~t collects for at least two years after
the date of collecbon The board may require at the board's expense an annual
audit of a service suppher's books and records or the books and records of a
bus~ness service user described by Subsecbon (a) w~th respect to the collection
and remittance of the fees
(d) A business service user that does not collect and remit the 9-1-1
emergency service fee as required Is subject to a c~wl cause of action under
Subsection (g) A sworn affidavit by the d~stnct specifying the unrem~tted fees ~s
Health end Safety Code Chapter 772 300 Page 9 of 16
48
pnma fac~e ewdence that the fees were not remitted and of the amount of the
unrem~tted fees
(e) A service suppher ~s entitled to retain an adm~mstrabve fee from the
amount of fees ~t collects The amount of the adm~mstrat~ve fee ~s two percent of
the amount of fees ~t collects under this section
(f) A serwce supplier ~s not required to take any legal action to enforce the
collectmn of the 9-1-1 emergency service fee However, the service suppher
shall provide the district with an anr~ual certificate of dehnquency that includes
the amount of all dehnquent fees and the name and address of each nonpaying
service user The certificate of delinquency ~s pnma fac[e ewdence that a fee
included in the certificate ~s dehnquent A service user account ~s considered
dehnquent ~f the fee ~s not pa~d to the service supplier before the 31st day after
the payment due date stated on the user's bill from the service suppher
(g) The dlstnct may ~nstltute legal proceedings to collect fees not pa~d and
may establish ~nternal collection procedures and recover the cost of collection
from the nonpaying servme user If the d~stnct prevails m legal proceedings
~nsbtuted to collect a fee, the court may award the d~stnct court costs, attorney's
fees, and ~nterest m addition to other amounts recovered A dehnquent fee
accrues ~nterest at an annual rate of 12 percent beglnmng on the date the
payment becomes due
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
Amended by Acts 1993, 73rd Leg, ch 936, § 15, eft Aug 30, 1993, Acts 1995,
74th Leg, ch 638, § 17, eft Sept 1, 1995
§ 772 316 D~stnct Depomtory
(a) The board shall select a depository for the d~stnct in the manner prowded
by law for the selectmn of a county depository
(b) A depository selected by the board is the d~stnct's depository for two years
after the date of its select, on and until a successor depository ~s selected and
quahfled
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772,3t 7 Allowable Expenses
Allowable operating expenses of a district include all costs attributable to
des~gmng a 9-1-1 system and to all equipment and personnel necessary to
estabhsh and operate a pubhc safety answenng point and other related
answering points that the board considers necessary
Health and Safety Code, Chapter 772 300 Page 10 of 16
49
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772.318. Number and Location Identification
(a) As part of computenzed 9-1-1 service, a service supplier shall furmsh
current,telephone numbers of subscribers and the addresses associated w~th the
numbers on a call-by-call bas~s
(b) A bus,ness service user that prowdes residential facilities and owns or
leases a publicly or privately owned telephone switch used to prowde telephone
service to facility residents shall provide to those res~denbal end users the same
level of 9-1-1 service that a service suppher ~s required to provide under
Subsection (a) to other residential end users in the d~strlct
(c) Information furnished under this section ~s confidenbal and is not available
for public ~nspectlon
(d) A service supplier or bus~ness service user under Subsection (b) is not
I~able to a person who uses a 9-1-1 system created under this subchapter for
the release to the d~strlct of the mformat~on specified ~n Subsections (a) and (b)
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
Amended by Acts 1993, 73rd Leg, ch 936, § 16, eft Aug 30, 1993, Acts 1995,
74th Leg, ch 638, § 18, eft Sept 1, 1995
§ 772.319. Public Review
(a) Periodically, the board shall solicit pubhc comments and hold a public
rewew heanng on the continuation of the d~str~ct and the 9-1-1 emergency
service fee The first hearing shall be held three years after the date the order
certifying the creation of the d~stnct ~s filed with the county clerks Subsequent
hearings shall be held three years after the date each order required by
Subsection (d) is adopted
(b) The board shall publish not~ce of the t~me and place of the hearing once a
week for two consecutive weeks in a da~ly newspaper of general c~rculatlon
published ~n the dlstnct The first not~ce must be published not later than the 16th
day before the date set for the hearing
(c)'At the heanng, the board shall also sohclt comments on the part~clpabon of
the district in the apphcable regional plan for 9-1-1 service under Chapter 771
After the heanng, the board may choose to participate ~n the regional plan as
prowded by that chapter
Health and Safety Code, Chapter 772 300 Page 11 of 16
(d) After the hearing, the board shall adopt an order on the continuation or
d~ssolution of the d~strlct and the 9-1-1 emergency service fee
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772 320 Dissolution Procedures
(a) If a district ~s dissolved, 9-1-1 service must be discontinued on the date of
the dissolution The commissioners court of the county m which the district was
located or, ~f the d~strlct contains more than one county, the commissioners
courts of those counties acting jointly, shall assume the assets of the dlstr~ct and
pay the district's debts If the d~stnct's assets are ~nsuffic~ent to retire all ex~sbng
debts of the d~str~ct on the date of d~ssolut~on, the commissioners court or courts
acbng jointly shall continue to ~mpose the 9-1-1 service fee, and each service
supplier shall continue to collect the fee for the commissioners court or courts
Proceeds from the ~mpos~t~on of the fee after d~ssolubon of the district may be
used only to retire the outstanding debts of the d~str~ct
(b) The commissioners court or courts shall retire the d~str~ct's debts to the
extent practicable according to the terms of the instruments creating the debts
and the terms of the orders and resolutions authorizing creabon of the debts
(c) The commissioners court or courts by order may adopt the rules
necessary to administer th~s section
Acts 1989, 71st Leg, ch 678, § 1, eff Sept 1, 1989
§ 772 321. Issuance of Bonds
The board may ~ssue and sell bonds ~n the name of the d~str~ct to finance
(1) the acquisition by any method of fac~htles, equipment, or supplies
necessary for the d~strlct to begin providing 9-1-1 service to all participating
jurisdictions, and
(2) the ~nstallat~on of equipment necessary for the dlstnct to beg~n prowd~ng
9-1-1 serwce to all participating lunsd~cbons
Acts 1989, 71st Leg, ch 678, § 1, eff Sept 1, 1989
§ 772.322. Repayment of Bonds
The board may prowde for the payment of the principal of and ~nterest on the
bonds by pledging all or any part of the d~stnct's revenues from the 9-1-1
emergency service fee or from other sources
Health and Safety Code, Chapter 772 300 Page 12 of 16
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772.323 Additional Security for Bonds
(a) The bonds may be additionally secured by a deed of trust or mortgage I~en
on part or all of the physical properties of the dlstnct and the r~ghts appurtenant to
those properties, vesting in the trustee power to sell the properties for payment of
the indebtedness, power to operate the properties, and all other powers
necessary for the further security of the bonds
(b) The trust ~ndenture, regardless of the existence of the deed of trust or
mortgage l~en on the properties, may ~nclude provisions prescribed by the board
for the security of the bonds and the preservation of the trust estate and may
make prows~ons for investment of funds of the d~stnct
(c) A purchaser under a sale under the deed of trust or mortgage I~en ~s the
absolute owner of the properties and rights purchased and may maintain and
operate them
Acts 1989, 71st Leg, ch 678, § 1, eff Sept 1, 1989
§ 772 324. Form of Bonds
(a) A d~stnct may issue ~ts bonds in various series or ~ssues
(b) Bonds may mature serially or otherwise not more than 25 years after their
date of issue and shall bear interest at any rate permitted by state law
(c) A d~stnct's bonds and ~nterest coupons, ~f any, are ~nvestment secunbes
under the terms of Chapter 8, Business & Commerce Code, may be ~ssued
reg~strable as to pnnclpal or as to both pnnc~pal and ~nterest. and may be made
redeemable before maturity, at the option of the district, or contain a mandatory
redemption prows~on
(d) A d~stnct may issue ~ts bonds ~n the form, denom~nabons, and manner and
under the terms, and the bonds shall be signed and executed, as provided by the
board in the resolubon or order authonz~ng their ~ssuance
Acts 1989, 71st Leg, ch 678, § 1, eff Sept 1, 1989
§ 772.325 Provisions of Bonds
(a) In the orders or resolutions authonzmg the ~ssuance of bonds, ~nclud~ng
refunding bonds, the board may prowde for the flow of funds and the
establishment and maintenance of the ~nterest and s~nk~ng fund, the reserve
fund, and other funds and may make add~t.onal covenants w~th respect to the
Health and Safety Code, Chapter 772 300 52 Page 13 of 16
bonds, the pledge revenues, and the operation and maintenance of any faclht~es
the revenue of which ~s pledged
(b) The orders or resolutions of the board authorizing the issuance of bonds
may also prohibit the further issuance of bonds or other obhgat~ons payable from
the pledged revenue or may reserve the right to ~ssue additional bonds to be
secured by a pledge of and payable from the revenue on a panty with or
subordinate to the lien and pledge ~n support of the bonds being issued
(c) The orders or resolutions of the board issuing bonds may contain other
provisions and covenants as the board may determine
(d) The board may adopt and have executed any other proceedings or
instruments necessary and convement ~n the ~ssuance of bonds
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772 326. Approval and Reglstratson of Bonds
(a) Bonds ~ssued by a d~stnct must be submitted to the attorney general for
examination
(b) If the attorney general finds that the bonds have been authorized ~n
accordance w~th law, the attorney general shall approve them On approval by
the attorney general, the comptroller shall register the bonds
(c) After the approval and registration of bonds, the bonds are ~ncontestable in
any court or other forum for any reason and are vahd and b~ndmg obhgat~ons
according to their terms for all purposes
Acts 1989, 71st Leg,, ch 678, § 1, eft Sept 1, 1989
§ 772;327, Refunding Bonds
(a) A d~str~ct may ~ssue bonds to refund all or any part of ~ts outstanding
bonds, ~nclud~ng matured but unpa,d ~nterest coupons
(b) Refunding bonds shall mature serially or otherwise not more than 25 years
after their date of ~ssue and shall bear interest at any rate or rates permitted by
state law
(c) Refunding bonds may be payable from the same source as the bonds
being ,refunded or from other sources
Page 14 of 16
Health and Safety Code Chapter 772 300 53
(d) The refunding bonds must be approved by the attorney general as
prowded by Secbon 772 326 and shall be registered by the comptroller on the
surrender and cancellation of the bonds refunded
(e) The orders or resolutions authonzmg the ~ssuance of the refunding bonds
may provide that they be sold and the proceeds deposited m the place or places
at which the bonds being refunded are payable, ~n which case the refunding
bonds may be ~ssued before the cancellation of the bonds being refunded If
refunding bonds are ~ssued before cancellation of the other bonds, an amount
sufficient to pay the pnnc~pal of the bonds being refunded and ~nterest on those
bonds accruing to their maturity dates or to their option dates ~f the bonds have
been duly called for payment before matunty according to their terms shall be
deposited in the place or places at which the bonds being refunded are payable
The comptroller shall register the refunding bonds w~thout the surrender and
cancellation of bonds being refunded
(f) A refunding may be accomphshed ~n one or in several ~nstallment
dehverles Refunding bonds and their interest coupons are ~nvestment secunt~es
under Chapter 8, Business & Commerce Code
(g) In heu of the method set forth ~n Subsections (a)-(f), a district may refund
bonds, notes, or other obligations as prowded by the general laws of th~s state
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772 328 Bonds as Investments and Security for Deposits
(a) D~strlct bonds are legal and authorized ~nvestments for
(1) a bank,
(2) a savings bank,
(3) a trust company,
(4) a sawngs and loan assoclabon,
(5) an insurance company,
(6) a fiduciary,
(7) a trustee,
(8) a guardian, and
Health and Safety Code Chapter 772 300 Page 15 of 16
(9) a s~nklng fund of a mumcipahty, county, school d~stnct, and other poht~cal
subd~ws~on of the state and other pubhc funds of the state and ~ts agencies,
including the permanent school fund
(b) D~str~ct bonds are ehg~ble to secure deposits of pubhc funds of the state
and mumc~paht~es, counties, school districts, and other pohtlcal subd~ws~ons of
the state The bonds are lawful and sufficient security for deposits to the extent of
their value when accompamed by all unmatured coupons
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
§ 772.329. Tax Status of Bonds
Be(3ause a d~stnct created under th~s subchapter ~s a pubhc entity performing
an essential pubhc function, bonds ~ssued by the d~str~ct, any transaction relating
to the bonds, and prohts made tn the sale of the bonds are exempt from taxation
by the state or by any mumc~pahty, county, special d~stnct, or other poht~cal
subdivision of the state
Acts 1989, 71st Leg, ch 678, § 1, eft Sept 1, 1989
Health al~d Safety Code Chapter 772 300 Page 16 of 16
AGENDA DATE July 17th, 2001
DEPARTMENT Electric Utility
AC NI Howard Mart~n, 349-8232
SUBJECT.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE
FORM OF TASK ORDER NO. 01-C WITH R J COVINGTON CONSULTING FOR
SERVICES RELATING TO TRANSITION SERVICES FOR DENTON MUNICIPAL
ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND'
For the past five years, it has been the practice of Denton Mumc~pal Electnc (DME) to mmntam
a dady services contract w~th R J Cowngton, ~mtmlly as an employee of Resource Management
International followed by contracting w~th h~s ~ndependent consulting firm Mr Cowngton and
h~s finn have provided a variety of analytical and strategic planmng support to DME over this
period ~n areas such as
Development of strategic options
· Gas pnce forecasts
· Assistance in fmancml and techmeal model development
· Drafting of contracts and agreements
· RFP development
· Techrncal support for state legislative efforts
· Rewew and analys~s ofTMPA financml records
· DME load analys~s
· Support for DME Pubhc Utd~ty Comnussmn of Texas (PUCT) filings
The ex~stang DME staff ~s unable to perform all of these types of tasks e~ther because of
workload or lack of expertise In addat~on, Mr Cowngton% location ~n Austin prowdes a cost
effective way to access data located ~n Austin, such as PUCT records and fihngs by other electric
utd~t~es, and prowdes ham access to ~nformat~on sources not avmlable to staff~solated in Denton
S~nce the passing of SB 7, Mr Cov~ngton's fn'm, worlang ~n coordmat~on w~th DME and
Garland staff members, has been cntacal an prowd~ng coverage of the large number of Austin
based Electric Rehabd~ty Council of Texas (ERCOT) and PUCT committees, workshops and
projects that are determining the operataonal structure of the new retml deregulated marketplace
It has become clear that failure of DME to partm~pate effectively m these activities w~lI result m
development of a market model harmful to the interest of smaller players such as DME
The protocols developed by ERCOT to define the operatton of the deregulated electric
marketplace have been approved by the Pubhc Utthtles Commission of Texas w~th certain
rewslons and requested reports that w~ll have a major negative effect on DME's ab~hty to operate
effectively m the new market These changes and required reports will now be handled through
a stakeholder protocol rewew process The most s~gmficant of these issues ~s mmntmmng DME's
abtht> to utilize the transnuss~on system to move ~ts share of G~bbons Creek energy to Denton
w~thout hawng to part~mpate m a bid process to assure dehvery when the reqmred transm~s*,on
)aths become constr~uned Denton and Garland have fought continuously throughout the m arke~
des~gu process to reserve the transmission reqmred for our use We had succeeded througl ~ he
protocol development process Dunng the recent PUC review of the protocols, Rack Covn
drafted several sets of comments defending those rights Denton and Garland shared cost for that
work That effort resulted m convmmng the PUC to leave our spemal rights ~n place for now
However, they reqmred ERCOT to provide a report defending those rights by October 1st of this
year The ERCOT stakeholder group has g~ven us an opportumty to write the lmt~al draft of that
report Garland and Denton w~ll utilize Rack Cowngton to both draft the report and to organize
the group of supporting stakeholders he developed m~tmlly to supported our lmt~al efforts
In addition to the transm~smon issue, there are several other ~tems resulting from the PUC order
adopting the new market protocols that are ~mportant to both Denton and Garland These ~nclude
the prices DFW generators will be pard ffthey are utlhzed during periods of transmission
congestion and changes m the pricing methods used for anmllary servmes Garland and Denton
w~ll contmue to use the resources of Mr Covmgton's firm to supplement our ~n house resources
when deahng with these msues
Mr Covmgtoffs staff has been instrumental m negotiation and analysm of the power purchase
agreement that was approved by Council as part of the sale package for the Spencer generating
plant Their knowledge of the contract will assist the DME staff m setting up proper auditing
procedures for the contract We had intended to utd~ze our Semor Rate Analyst to perform the
majority ofttus work under the guidance of Mr Cowngton's staff However, smce that
~nd~vldual has left DME, ~t will be necessary to have more of thru work done by Mr Covlngton's
staff
Also, w~th the loss of our Semor Rate Analyst, we have lost the DME staff member that worked
with Mr Covmgton's staff to develop our finanmal model and was the only DME staff member
that knew how to mn the model We wall utahze Mr Cowngton's firm to update the model as
needed to reflect the new ERCOT market structure and to tram new DME personnel m ~ts
operaUon
The projected price of natural gas will be cntmal m the quarterly development of ECA rate
recommendations, DME annual budgets, and long term strategm plans for DME power supply
DME desires to have the option to seek independent expert advme regarding the performance of
the natural gas market A member of Mr Covangton's staffhas a strong background an the
natural gas andustry and can prowde such advme
OPTIONS
1 Continue to use Mr Covangton's servmas
2 Reduce DME partlmpataon an the development of the Texas electric market desagn Rely
totally on DME staff for financml modehng, natural gas price forecamng, and audatmg e~
power purchase agreements
RECOMMENDATIONS'
DME recommends the contmmng use of Mr Comngton's firm for the tasks outhned m Task
Order 01-C
PRIOR ACTION/REVIEW (Council, Boards~ Commission)'
Approval of flus contract was recommended by the Pubhc Utthtaes Board by a vote of 6 to 0 at
~ts June 18, 2001 meeting
FISCAL INFORMATION
Task Order 01-C not to exceed $60,000
Respectfully submatted
Sharon Mays
Director of Electric Utthtaes
Exhlbat I Ordanance
Extubtt II Task Order 01-C
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER. TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM
OF TASK ORDER NO 01-C WITH R J COViNGTON CONSULTiNG FOR SERVICES
RELATING TO TRANSITION SERVICES FOR DENTON MUNICIPAL ELECTRIC,
AUTHORIZING 'hlE EXPENDITURE OF FUNDS THEREFOR, AND PROVI~ ~,r AN
EFFECTiVF DATE
WHEREAS, the C~ty Councd deems it in the pubhc interest to engage the fin,, ,- P J
Covington Consulting, of Ausnn, Texas ("Cowngton"), to prowde consulting services to u,e C~ty
relating to Denton Municipal Electric, including, w~thout hmltat~on, transmon servmes, and
WI4_EREAS, the C~ty staffhas reported to the C~ty Counml that there m a substannal need
for the above-descnbed profesmonal services, and that hrmted City staff cannot adequately
perform the sermces and tasks w~th ~ts own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professmnal
Services Procurement Act", generally prowdes that a C~ty may not select a prowder of
profesmonal sermces on the barns of competltave b~ds, but must select the prowder on the basra of
demonstrated competence, knowledge, and quahficatmns, and for a fair and reasonable price,
and
WHEREAS, the C~ty Council has provided m the City Budget for the appropnatmn of
funds to be used for the purchase of the professmnal servmes, as set forth m the Professmnal
Services Agreement, NOW, THEREFOR.E,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Manager ~s hereby authonzed to execute a Professmnal
Serwces Agreement m the form of Task Order No 01-C by and between the C~ty of Denton,
Texas and R J Covington Consulting, of Austin, Texas, for profesmonal consulting servmes
relating to Denton Mumc~pal Elecmc m the area of transmon services, m substannally the form
of the Task Order No 01-C attached hereto and incorporated herewith by reference
SECTION 2 That the award of flus Agreement by the C~ty ~s on the bas~s of the
demonstrated competence, knowledge, and quahficatmns of Covington and the abd~ty of
Covington to perform the professional servmes needed by the C~ty for a fair and reasonable
pnce
SECTION 3 That the expenditure of funds as prowded m the attached Profesmonal
Services Agreement m hereby authorized
SECTION 4 That tlns ordinance shall become effective Jmmethately upon its passage
and approval
EXH~e~T
PASSBD AND APPROVED tins the day of ,2001
EULINEBROC~M_AYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FOR2Vi
HERBERT L PROUTY, CITY ATTORNEY
S \Our Docum~uts\Ordmances\01\Covmgton Consulting PSA-DME-TO No 01 Cord doc
Task Order O1-C
ATTACHMENT TO
PROFESSIONAL SERVICES AGREEMENT
DATED JUNE, 2001
BETWEEN THE crrY OF DENTON AND
R J COVINGTON CONSULTING
TASK ORDER NO 0:I-C
Transltmn Services
Tasks provided for in th~s Attachment are directed at assisnng the City s, ~
(Staff) m areas associated with the contlnumg restructuring of the elect.~.-
industry in Texas and assistance m mamtammg and nnprovmg the analytical
tools used by Staff to evaluate and project financial results for budgeting and
operating purposes Following is a discussion of each of the primary areas of
assistance
Regulatory Support at PUC and ERCOT
Ttus area of actavlty includes continuing participation at the Public Uhhty
Comrmsslon of Texas (PUC) and at the Electric Reliability Council of Texas
(ERCOT) on issues affecting the City During the first part of 2001, critical issues
that arose mcluded protecting the cities~ grandfathered congestion management
rights and commenting on the move to charge mtrazonal congesbon, issues in
the new transrmsslon rule regardmg retml access over mumcipal distribution
facilities and reqmrements to physically unbundle operations, and DFW
rehabrhty concerns, as well as other issues As the restructurmg lebnslation is
transformed mto new rules and operating protocols, issues wall continue to arise
that can substantially affect the City's cost of doing business RJC effectively
works w~th Staff and the City's attorneys to provide notafication, evaluabon and
intervention as needed to protect the City's interest These and other regulatory
related activities w~I1 &rectly and mdzrectly affect the City's mumclpal electric
system and its abxhty to contribute to the funding of City operations
Aucht of Transzt~on Power Agreement
Ttus Task Order wall also provide for assistance to Staff to implement the
appropriate momtormg functions for the new Transition Power Agreement
(TPA). Implementation activities can include resolving issues associated with
bdhng, metering, settlement and other Qualified Scheduling Entity (QSE) issues
RJC will assist m momtormg the wholesale supplier costs to insure it meets the
I of 4 6
EXHiSIT Ii
Task Order O1-C
TPA terms until Staff financial personnel are famthar with the mechamcs of the
billing under the TPA
AsszstlStaff in Updating of Financial Model
RJC will work with Staff m updaOng the financial model to mcorporate the new
power supply arrangements, as well as looking at other changes that may be
needed to taco, ate recent changes as a result of new ERCOT protocols
PUC regulahon~ RJC will work with new staff that will be ,ak~ng on the
modehng funct~ort to assist them m becoming famlhar wltb the moc~els and t'.
input reqmremer~ts R~C may also work on other activities as identified by ,he
Director of Electric Ut~ht~es
Scope of Services
Task A Regulatory Support at PUC and ERCOT
Task A-1 Attenchng Workshops At PUC And ERCOT
1 RJC w~ll stay reformed on act~vltles at the PUC and ERCOT Independent
System Operator (ISO) and w~ll attend workshops as needed
2 When appropriate, RJC will participate in workshops to represent mterests of
City based on d~recQons of Staff
3 RJC will work with Staff m developing pos~Qons wbach should be taken and
strategies for working with parhes revolved
Task A-2 Analyze Proposed Rules and Pohc~es
Proposed new rules and rule changes from the PUC and associated proposed
policies from the ISO w~ll be analyzed
2 RJC will &scuss proposed new rules and protocols, and changes to exlstmg
rules and protocols with Staff, helpmg to ldentrfy areas of concern and
preparmg poslt~ons that represent the interests of the City
3 RJC will meet with PUC staff and other part~es as appropriate to discuss
proposed rules and protocols, and present the City's concerns regarding such
proposals
Task A-3 Preparation of Comments
1 RJC will prepare or assist m preparing comments to be f~led with the PUC
representing City's posmon on issues brought up m proposed rules and
dockets
2 These comments w~ll be coordinated through Staff and the City's legal team
2of4 7
Task Order O1-C
3 RJC will assist the City's legal team as necessary m the preparabon and f~lmg of
cotangents
Task A-4 Work W~th Staff And Legal Teara
I RJC wgl have continuing commurucabon with Staff and the City's legal team m
order to morutor proposed industry changes and address those issues affecting
v ~ruclpaht~es
2 ,a ~ n-going dialog will be mamtamed with Staff and the Iegal team m orde~ fc
evaluate changing operating and market requirements and colLdlbons, and
evaluate potenbal effects on City operabons
3 Information necessary to supplement and support the decision nuakmg process
will be provided as requested
Task A-5 Techmcal Support
1 RJC will provide techmcal support to the City's legal team to assist m the
evaluation of proposals and the potent~aI impact on the City under different
scenarios
2 RJC will provide techmcal support to Staff, providing nfformabon as
requested from tnue to bme to assist Staff m its evaluabons and planning
processes
3 RJC will evaluate scenarios and proposals from perspecbve of City utility and
as a member of TMPA
Task B Audit of Transition Power Agreement
Task B-1 Aucht of TPA B~llmg
1 RIC w~ll momtor the bfllmg from supplier for the ftrst few months to insure
the billing terms are properly nnplemented between City and power supplier
2 RJC wdl assist Staff m developing auditing procedures for auditing monthly
bilImg and work w~th Staff in automabng the audit process
Task C Assist Staff m Updating of Financial Model
Task C-1 Rewew of F~nanclal Model
1 RIC will work with Staff to review the DME fmanclal model and incorporate
changes needed to model and forecast power billing under the TPA
2 RJC wdl also discuss with Staff other possible changes needed to reflect
changing ERCOT operations and market condltmns, part~culaxly m the area of
how changing gas prices wdl affect power bdhng to DME, new ERCOT fees to
look for, and new loss allocatuons within ERCOT
3 of 4 8
Task Order O1-C
Budget
RJC recommends a not to exceed budget of $60,000 for labor and expenses Tins
budget will not be exceeded without prior approval of the City RJC wrlI bill
monthly with supporting documentation of act~v21es performed The work
being performed wzI1 be under the superwsmn of thc Director of Electric Utdmos
and may be modrfied at any tm~e upon appropriate notice to RJC
EXECUTED tins __ day of ,2001
AUTHORIZED BY ACCEPTED BY
CITY OF DENTON, TEXAS R J COVINGTON CONSULTING
Dated Dated
ATTEST APPROVED AS TO LEGAL FORM
JENNIFER WALTERS HERBERT L PROUTY
CITY SECRETARY CITY ATTORNEY
By By ~~~
Dated Dated
4 of 4 9
Aoenda Iter~~_
AGENDA INFORMATION SHEET
AGENDA DATE' July 17, 2001
DEPARTMENT. Utility Administration
ACM Howard Marl~n, 349-8232
SUBJECT.
An Ordinance authorizing the City Manager to execute a Water Mmn Cost Participation
Agreement between the City of Denton and Wynne/Jackson Lakes Development, L. P. for
the city's ,participation in the overslzmg of water ma]ns and ]n accordance with the terms
and conditions of th~s ordinance; authorizing the expenditure of funds therefor, and
providing an effective date
BACKGROUND:
Wynn/$aekson Lakes Development, L P (Developer) is developing the Country Lakes North
subd~vlsmn In southwest Denton (See map Exlublt I) Tlus development will be served by an
extension of the Hwy 377 20" waterline that is under construction at this time The proposed
development lies between the Hwy 377 20" waterline and a proposed ground storage and booster
pump stat]on to be built on John Payne Road, North of Crawford Road The Developer will
donate the 2 2 acre site for the constmctmn of the booster pump station The proposed pump
stat]on wlll provide water service to the southwestern portion of the City of Denton's water
sermce area including Robson Ranch, and portions of the Hunter Ranch (Hlllwood
Development) Country Lakes West and Country Lakes North subthv]s]ons Funding for this
pump station has been included m the FY 2001 and FY 2001 Water Utllmes Capital
Improvements Plan
The Country Lakes North Development was required to build a 12" water line to serve their
property and the City of Denton requested that tlus hne be overs]zed to a 20' water line to supply
water to the proposed ground storage and booster pump stat]on Since the most drrect routing for
this waterline was down the proposed streets of the subdivision, the developer was requesting
service taps to serve the lots fronting the street where the transmission line was to be located
Current City policies do not recommend multiple serv]ce taps for transmlsmon p~pelmes so the
developer was required to install a parallel 6" water chstnbutlon hne to provide service taps for
these lots The oversize part]mpataon agreement was therefore based upon the cost difference
between a 12' mmn and the mty requested 20" and 6" water Imes The Developer provided bids
on both alternatives from the construction contractor and submitted ti'ns to the City Staff
reviewed the contractor's b~d data and recommended adjustments to one of the umt prices based
upon recent City oversize part~mpat]on agreements and the Hwy 377 20" Water Line project that
was recently bid by the City of Denton Staff presented ttus cost adjustment to the developer and
their engmeer and verified that tlus change to their original request was acceptable The City's
share of the oversize water line participation agreement is $ 232,771 65
OPTIONs·
1 Participate in the oversize participation agreement to supply water to the proposed ground
storage and booster pump station
2 Run a separate 20" parallel line to the pump station at a much greater cost for supplying
water to the southwest pressure plane service area
RECOMMENDATIONS'
Staffrecommands approval of the oversize cost participation
PRIOR ACTION/REVIEW (COUNCIL, Boards, Commissions)'
Tlus ~tem was presented to the Pubhc Utlht~es Board and approved unammously at their June 18,
2001 meeting
ESTIMATED SCHEDULE OF PROJECT
The waterhnes are scheduled for completion by December 2001 The proposed ground storage
and booster pump station xs scheduled for completion by June of 2003
FISCAL INFORMATION.
$ 282,000 m revenue funds is budgeted for waterline oversize participation related to the South
West water service area m FY 2001 (See Extnblt III)
MAP'
See Exhlbtt I
Respectfully submitted
J~m Coulter
Director Water/Wastewater Utlltt~es
Prepared by
Tim Fisher, P E
Asst D~rector of Water Ut~httes
Exknblt I Map
Exhibit II Orchnance
Exhibit III Cost Partmxpat~on Agreement
PROPOSED WATER OVERSIZE
ill CITY OF DEI',ITONI[
I~ r-'/ / 1 ,rich equals 1,200 feet
Ill % ,~1 ,~ Tlr'l') I I T I I I 'T'\/ II -~lJ~xHIBIT
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
WYNNE/~ACKSON LAKES DEVELOPMENT, L P FOR THE CITY'S PARTICIPATION IN
THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the C~ty demres to partac~pate m the cost of overs~zmg water mmns to be
designed, installed, and constructed by Wyrme/Jaakson Lakes Development, L P m an amount
not to exceed Two Hundred Thu'ty Two Thousand Seven Hundred Seventy One and 65/100
Dollars ($232,771 65), m accordance w~th §34-118(b)(2) of the Code of Ordinances of the Cxty
of Denton, Texas and TEX LOC GOV'T CODE §212 072, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Manager ~s authorized to execute a Water Maxn Cost
ParUe~patlon Agreement Between the City of Denton and Wynne/Jackson Lakes Development,
L P, for the construcUon and cost pamc~paUon of approxmaately 6,608 hnear feet of twenty
xneh (20") water transxmss~on hne, and 6,045 hnear feet of reqmred parallel s~x tach (6") water
d~stnbut~on hne, substanUally m the form of the attached Agreement, winch ~s incorporated
herewith and made a part of ttus orchnanee for all purposes, subject to Wynne/Jaekson Lakes
Development, L P, entenng rote a Development Contract wxth the C~ty of Denton, m
accordance wxth Chapter 34 of the Code of Ordinances of the C~ty of Denton, Texas
SECTION 2 That the C~ty Manager ~s hereby authorized to make the expenditures as
set forth m the attached Agreement
SECTION 3 That tbas ordinance shall become effective ~mmed~ately upon ~ts passage
and approval
PASSED AND APPROVED tt~s the day of ~ 2001
EULINEBROCK, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
By
F X HIBIT II
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documen~\Ordmances\Ol\Water Mare Cost Pa~elp Agnnt Wynne Jackson Lakes doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS
AND WYNNE/JACKSON LAKES DEVELOPMENT, L P
WHEREAS, Wynne/Jackson Lakes Development, L P, hereinafter referred to as
"Developer", whose business address ts 600 N Pearl Street~ Suite 650~ L B 149~ Dallas~
Texas 75201, wtshes to develop and tmprove certain real property named the "Country Lakes
North Subdlvlston, Phase 1" (as shown tn Exh~btt I, attached hereto and incorporated herein
by reference), located m the C~ty of Denton, Texas or tts extratemtonal junsdmtton, and ts
reqmred to provtde such real property wtth adequate collectton capactty by destgnmg,
constructing and mstalhng a water hne of an reside diameter of twelve tnches (12"),
heremafter referred to as the "Reqmmd Facdmes", and
WHEREAS, the Ctty of Denton, Texas, a Mumctpal Corporatton w~th tts offices
located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as the "C~ty, tn
accordance wtth tts ordinances, wtshes to pamctpate m the cost of the constructton and
mstallatton of said water main to provtde for an "oversized" water matn to expand tts utdtty
system and msure adequate utdlty servtce to other customers,
NOW, THEREFORE, mconstderatton of the mutual promtses and covenants
contatned herem the Developer and the City AGREE as follows
I Developer shall design, install, and construct, approximately 6,608 hnear feet of
twenty tach (20") water transmtsslon lme, and apprommately 6,045 linear feet ofstx inch (6")
water dlstnbutton line, and all necessary appurtenances thereto, hereafter referred to as the
"Overstzed Facfl~ttes" as shown on Exhtbtt I, attached hereto and incorporated hereto by
reference
2 As reqmred by Chapter 34 of the Code of Ordmances of C~ty of Denton, Texas,
Developer wdl enter mto a Development Contract prior to begmmng of constructton of the
Overstzed Famhttes Thts Development Contract ts attached hereto as Exh~btt Il and
incorporated herein by reference Thts Agreement ~s subject to and governed by said
Development Contract and any other apphcable ordmances of the Ctty of Denton, Texas
3 Prior to beginnmg of construction of the Overstzed Facthttes, Developer shall
obtain, at Developer's sole cost and expense, all necessary permtts, hcenses and easements
The easements, deeds, and plats therefor obtained by Developer shall be revtewed and
approved as to form and substance by Ctty prior to the beginning of constructton If
Developer ts unable to acqmre needed easements, Developer shall provide Ctty wtth any
requested documentation of efforts to obtain such easements, mclud~ng ewdence of
negotlattons and reasonable offers made to the affected property owners Any easements for
the Overstzed Facdlttes obtained by the Developer shall be asstgned to C~ty, ff not taken tn
C~ty's name, prior to acceptance of the Oversized Facdtttes, and Developer warrants clear tttle
to such easements and will defend Ctty agatnst any adverse clatm made agatnst such tttle
4 C~ty's share m the cost &the Overstzed Famhtles ~s based upon the d~fference m
the cost of mstalhng Reqmred Famhttes, as determmed by C~ty, and the cost of the Overstzed
EX-' -'IBIT III
Facilities, as determined by City, shall be tn an amount not to exceed Two Hundred Thirty
Two Thousand Seven Hundred Seventy One and 65/100 Dollars ($232,771 65), the
maximum participation cost allowed herein
The City shall not, m any case, be liable for any additional cost because of delays in
beginning, continumg, or completing construction, changes in the price or cost of matermls,
supplies, or labor, unforeseen or unantlclpated cost because of topography, sod, subsurface,
or other site conditions, differences in the calculated and actual per linear feet of pipe or
materials needed for the Oversized Famhties, Developer s decision as to the contractors or
subcontractors used to perform the work, or any other mason or cause, specified or
unspecified, relating to the construction of the Oversized Facihties
5 The City will make monthly payments for ~ts share of the Oversized Facdlt~es
The Developer shall submit monthly pay requests on forms provided by the City The
Developer's engineer shall verify that each pay request ~s correct Each pay request, along
with the engineer's verlficatmn, shall be submitted to the Engineering & Transportation
Department of the City The City will retain ten pement (10%) of the total dollar amount
until the project is accepted Payment by the City to the Developer wtll be made within thirty
(30) days of receipt of the pay estimate and the engineer's verification
6 To determine the actual cost of the Oversized Facilities, City shall have the right
to inspect any and all records of Developer, his agents, employees, contractors or
subcontractors, and shall have the right to require Developer to submit any necessary
information, documents, invoices, receipts or other records to verify the actual cost of the
Oversized Facilities
7 All notices, payments or communications to be g~ven or made pursuant to this
Agreement by the parties hereto, shall be sent to Developer at the business address given
above and to the Assistant City Manager for Utilities for City at the address given above
8 Developer shall indemnify and hold City harmless from any and all clmms,
damages, loss or liability of any kind whatsoever, by reason of injury to property or person
occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents,
employees, mvitaes, contractors or other persons with regard to the performance of this
Agreement, and Developer shall, at ~ts own cost and expense, defend and protect C~ty against
any and all such elmms and demands
9 If Developer does not begin substantial construction of the Oversized Facilities
within twelve (12) months of the effective date of execution of this Agreement, th~s
Agreement shall terminate
10 This instrument embodies the entire agreement of the parties hereto and them
are no promises, terms, conditions or obhgations other than those contained or incorporated
heroin This Agreement shall supersede all prewous communications, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter of this Agreement
11 This Agreement shall not be assigned by Developer without the express written
consent of the City
2
12 Any and all suits for any breach of this Agreement, or any other sumt pertmmng
to or arising out of this Agreement, shall be brought in a court of competent junsdictmn in
Denton County, Texas This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas
EXECUTED in duplicate original counterparts by the duly-authorized officials and officers
of the City and the Developer, on this the day of ,2001
CITY OF DENTON, TEXAS
A Texas Mumc~pal Corporatmn
By
M~chael Conduff, City Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
"DEVELOPER"
WYNNE/JACKSON LAKES DEVELOPMENT, L P
a Texas limited partnership
By' W/J Lakes Development, Inc.
a Texas corporation, General Partner
ATTEST
S \Our Doeuments\Contracts\0l~Water Mare Cost Parlm~p Agnnt Wynne Jackson Lakes doc
3
AGENDA INFORMATION SHEET I)ate__
AGENDA DATE: July 17, 2001
DEPARTMENT. Utility Admm~stratlon
ACM Howard Martin, 349-8232
SUBJECT'
An ordinance authorizing the C~ty Manager to execute a Sewer Mare Cost Participation
Agreement between the C~ty of Denton and Wynn/Jackson Lakes Development L P for the
c~ty's participatmn m the oversmng of sewer mains and manholes and m accordahce with
the terms and conditions of th~s ordinance; authorizing the expenditure of funds therefor,
and prowdmg an effective date.
BACKGROUND
Wyrm/Jackson Lakes Development, L P (Developer) ~s developing the Country Lakes
subd~wslon m southwest Denton (See map Extnb~t I) For wastewater servme, tins development
w~ll be served by the Graveyard Branch Interceptor under construction at thts t~me The proposed
development intersects the sewershed whmh ~ncludes the upstream areas along IH 35W and
Crawford Road (See Exinb~t I) Tins upstream sewer shed area will flow through the on-s~te
sewer hne m the proposed development The Developer has prowded sewer hne sizes that will
support wastewater flows generated just from the development, and sewer hne s~zes that will
support wastewater flows both the development and the upstream sewer shed The Developer has
received b~ds on both hne s~zes from the constmctmn contractor Staff has rewewed the
eng~neenng calculatmns for the sewer hne s~zes and the contractor's b~d data and find these
acceptable The C~ty's share of the ons~te oversize cost ~s detenmned to be $88,940 75
OPTIONS:
1 Participate m the oversize to sustain growth ~n the sewer shed
2 Run a parallel hne sometune m the future at a much greater cost for future growth m the
sewershed
RECOMMENDATIONS:
Staff recommends approval of the overmze cost partm~pat~on
PRIOR ACTION/REVIEW (COUNCIL~ Boards, Commissions)
Th~s ~tem was presented to the Pubhc Utthtms Board and approved unammously at thmr June 18,
2001 meeting
ESTIMATED SCHEDULE OF PROJECT.
Sewerhne construction is scheduled for completion by December 2001
FISCAL INFORMATION.
$100,000 m bond funds is budgeted for oversize participation in FY 2001
MAP
See Exhibit I
Respectfully submitted
Jim Coulter
Director Water/Wastewater Utilities
Prepared by
P S Arora, P E
Asst Director Wastewater UtlllO. es
Exhibit I Map
Exhibit II Orchnance
Exhibit III Agreement
COUNTRY LAKES NORTH PHASE 1
PROPOSED SEWER OVERSIZE
// ~-~
~CIT¥ OF DENTON[
1 inch equats 1,200 ~et
EXHIBIT I
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
WYNNE/JACKSON LAKES DEVELOPMENT, L P FOR THE CITY'S PARTICIPATION IN
THE OVERSIZING OF SEWER MAINS AND MANHOLES AND IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City desires to participate m the cost of overslzlng sewer moans and
manholes to be designed, installed, and constructed by Wynne/Jackson Lakes Development, L
P, m an mount not to exceed Eighty Eight Thousand Nine Hundred and Forty and 75/100
Dollars ($88,940 75), in accordance with the provisions of §34-118(b)(2) of the Code of
Ordinances of the City of Denton, Texas and Texas Local Government Code §212 072, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Manager xs authorized to execute a Sewer Mann Cost
Partlmpatlon Agreement Between the City of Denton and Wyrme/Jackson Lakes Development,
L C, for the overslzmg of appmxnnately 2,885 linear feet of ten tach (10") to eighteen tach
(18") sewer moans, approximately 2,817 linear feet of twelve inch (12") to eighteen inch (18")
sewer mares, and approximately twenty-two (22) four foot (4') sewer manholes to five foot (5')
sewer manholes, substantmlly m the form of the attached Agreement, winch is incorporated
herewith and made a part of flus ordinance for all purposes, subject to Wyrme/Jackson Lakes
Development, L P, entenng into a Development Contract with the City of Denton, in
accordance w~th Chapter 34 of the Code of Ordinances of the City of Denton, Texas
SECTION 2 That the City Manager is hereby authorized to make the expenditures as
set forth in the attached Agreement
SECTION 3 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED tins the day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
E X HIBIT II
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordmances\Ol\Sower Mare Cost Part~c Ord-Wynne Jackson Lakes doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS
AND WYNNE/JACKSON LAKES DEVELOPMENT, L P
WHEREAS, Wynne/Jackson Lakes Development, L P, hereafter referred to as
"Developer", whose business address ~s 600 N. Pearl Street~ Suite 650~ L B 149~ Dallas~
Texas 75201 wishes to develop and ~mprove certain rea[ property named "Country Lakes
North, Phase 1" (as shown m Exhibit I, attached hereto and incorporated herein by reference),
located In the City of Denton, Texas or its extraterritorial jurisdiction, and ~s reqmred to
provide such real property with adequate sewer serwce by designing, construct.rig, extending,
and mstalhng gravity sanitary sewer lines of an inside diameter varying from ten (10") inches
to twelve Inches (12"), and a number of four (4') foot sewer manholes, hereafter referred to
as the "Reqmred Facilities", and
WHEREAS, the City of Denton, Texas, a Municipal Corporation w~th its offices
located at 215 East MeKmney, Denton, Texas 76201, hereafter referred to as the "City, in
accordance with Its ordinances, wishes to participate in the cost of the construction and
installation of said sewer main to provide for an "oversized" sewer mare to expand its utility
system and to insure adequate utility service to other customers,
NOW, THEREFORE, in consideration of the mutual promises and covenants
contmned hereto the Developer and the Cay AGREE as follows
1 Developer shall design, Install, and construct approximately 2,885 linear feet of
from ten (10") inch to eighteen (18") inch gravity sanitary sewer mains, approximately 2,817
linear feet of from twelve (12") mch to e~ghteen (18") inch gravity samtary sewer mains, and
twenty two (22), four (4') foot to five (5') foot sewer manholes, all being necessary
appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhlba
1, attached hereto and incorporated herein by reference
2 As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Developer will enter into a Development Contract prior to beginning of construction of the
Oversized Faclhtles This Development Contract ~s attached hereto as Exhibit II and
incorporated here~n by reference Th~s Agreement ~s subject to and governed by smd
Development Contract and any other apphcable ordinances of the City of Denton, Texas
3 Prior to beglnmng of construction of the Oversized Facilities, Developer shall
obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements
The easements, deeds, and plats therefor obtained by Developer shall be reviewed and
approved as to form and substance by C~ty prmr to the begmntng of construction If
Developer Is unable to acqmre needed easements, Developer shall provide City with any
requested documentation of efforts to obtain such easements, ~nctudlng evidence of
negotiations and reasonable offers made to the affected property owners Any easements for
the Oversized Faclhties obtained by the Developer shall be assigned to C~ty, if not taken in
City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear title
EXHIBIT Ill
to such easements and wtll defend City against any adverse claim made against such t~tle
4 City's share m the cost of the Oversized Facd~t~es Based upon the d~ffemnce m
the cost of mstalhng Reqmred Faclhtles, as deterrnmed by C~ty, and the cost of the Oversized
Facthties, as determined by C~ty, shall be m an amount not to exceed E~ghty E~ght Thousand
Nine Hundred Forty and 75/100 Dollars ($88,940 75), the maximum part~c~patmn cost
allowed herein
The C~ty shall not, ~n any case, be hable for any addttional cost because of delays In
beginning, continuing, or completing construction, changes ~n the price or cost of materials,
supplies, or labor, unforeseen or unanticipated cost because of topography, stol, subsurface,
or other site conditions, differences m the calculated and actual per linear feet of p~pe or
materials needed for the Oversized Facilities, Developers dems~on as to the contractors or
subcontractors used to perform the work, or any other reason or cause, spectfied or
unspemfied, relating to the construction of the Oversized Facilities
5 The City will make monthly payments for ~ts share of the Oversized Facdmes
The Developer shall submit monthly pay requests on forms provided by the City The
Developer's engineer shall verify that each pay request ~s correct Each pay request, along
w~th the engmeer's verification, shall be submitted to the Engtneenng & Transportation
Department of the C~ty The City will retmn ten percent (10%) of the total dollar amount
until the project ~s accepted Payment by the C~ty to the Developer wdl be made w~thm thtrty
(30) days ofrecetpt of the pay esttmate and the engineer's verification
6 To determine the actual cost of the Oversized Fac~htles, City shall have the right
to tnspect any and all records of Developer, h~s agents, employees, contractors or
subcontractors, and shall have the rtght to reqmre Developer to submit any necessary
tnformat~on, documents, mvomes, recetpts or other records to verify the actual cost of the
Oversized Facdaies
7 All notices, payments or commumcat~ons to be given or made pursuant to th~s
Agreement by the parties hereto, shall be sent to Developer at the business address g~ven
above and to the Assistant City Manager for Utdmes for C~ty at the address g~ven above
8 Developer shall mdemmfy and hold City harmless from any and all clatms,
damages, loss or habdity of any kind whatsoever, by reason of mlury to property or person
occasioned by any act or omtssion, neglect or wrongdoing of Developer, as officers, agents,
employees, ~nvltees, contractors or other persons with regard to the performance of th~s
Agreement, and Developer shall, at xts own cost and expense, defend and protect City against
any and all such claims and demands
9 If Developer does not begin substanttal construction of the Oversized Famhtles
w~th~n twelve (12) months of the effective date of execution of this Agreement, this
Agreement shall terminate
10 This instrument embodies the enttre agreement of the part,es hereto and there
are no promtses, terms, eondittons or obhgattons other than those contained or incorporated
herem This Agreement shall supersede all prewous commumcations, representations or
agreements, whether verbal or written, between the parties hereto w~th respect to the subject
2
matter of this Agreement
11 Th,s Agreement shall not be assigned by Developer without the express written
consent of the C~ty
12 Any and all su,ts for any breach of this Agreement, or any other suit perta,n,ng
to or arising out of thts Agreement, shall be brought m a court of competent jurisdiction m
Denton County, Texas Th~s Agreement shall be governed by and construed m accordance
w~th the laws of the State of Texas
EXECUTED m duplicate or,g,nal counterparts by the duly authorized officials and officers of
the C~ty and tlne Developer, on th~s the __ day of ~ 2001
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By
Michael Conduff, City Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
"DEVELOPER"
WYNNE/JACKSON LAKES DEVELOPMENT, L P
a Texas limited partnership
By' W/J Lakes Development, Inc.
By C~ c~a~neral Partner
3
ATTEST
\Our Documents\Contracts\01\Sower Ma~n Cost Par~tc~p Agrmt Wynne Jackson Lakes A doc
4
AGENDA INFORMATION SHEET [,ate. ~-/~-.-~-
AGENDA DATE' July 17, 2001
DEPARTMENT: Pohce
ACM: Jon Fortune, Assistant C~ty Manager, Public Safety and Transportation ~
SUBJECT
An Ordinance of the City of Denton, Texas, amending Ordinance No 2000-428
prescribing the number of positions m each classification of Police Officer, providing a
savings clause, providing a severablllty clause, and declanng an effective date
BACKGROUND
Over the last few years, the Pohce Department has identified a significant need for
additional first-hne supervision ~n the Support Services D~vlsion, the Family Services
Section, and the Specml Operations Section The Support Services lieutenant has
assumed command over Code Enforcement and Animal Control m addition to d~rect
supervision over the jarl, property and ewdence, and the Warrant Section The Family
Serwces Section has added one mvestlgator and five school resource officers The
Traffic Seetmn has added two traffic officers and that heutenant also manages the
Department's fleet of vehmles, orgamzes security for specml events, supervises the
Reserve Unit, and adm~msters the STEP grant programs
In November 2000, the Council passed an ordinance prescribing the number ofpos~t~ons
~n each elassffieatmn of pohce officer as one (1) chief, two (2) captains, eight (8)
heutenants, eleven (11) sergeants, and one-hundred-thirteen (113) police officers and
recruits This ordinance will move three authorized positions from the rank of police
officer to the rank of sergeant One sergeant will be assigned to each of the areas listed
above and thru additional supervision is expected to prowde a more efficient and effective
operation
PRIOR ACTION/REVIEW
The current ordinance prescribing posit~ons was adopted on November 28, 2000
FISCAL IMPACT
The three promotaons associated wath thas ordinance will result in an addlt~onal $8,808 an
salaries and benefits Funding for the addatmnal sergeants is ancluded in the proposed
2001-02 budget
Respectfully submitted,
Gary L Matheson
Chaef of Police
Prepared by
Joanae Housewnght
Captmn
Support Servmes Davasaon
2
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDiNG ORDINANCE NO
2000-428 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF
POLICE OFFICER, PRESCRIBING THE NUMBER OF POSITIONS IN EACH
CLASSIFICATION OF FIRE FIGHTER, PROVIDING A SAVINGS CLAUSE, PROVIDING
A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE
WHEREAS, on November 28, 2000, the C~ty Council passed Ordinance No 2000-428 to
~mplement the recommendatmn of the F~refighters' and Pohce Officers' C~vfl Service
Commission of the City of Denton, Texas, upon the recommendation and request of the Director
of Cavil Service, Denton Police Department and Denton Fire Department, adopting and
approvang a schedule of Authorized Poslt~ons which relates to compensation and classification of
pohee officers and fire fighters, and
WHEREAS, s~nce the passage of Ordinance No 2000-428, the Police Department has
determined that this ordinance needs to be amended to more correctly reflect the total number of
Police Department positions adds three sergeant posmons and deletes three police officer (and
Recruits) positions, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That Ordinance 2000-428 ~s hereby amended by adopting the schedule
prescribing the number of posmons for each classfficat~on of pohce officer and fire fighter m the
City of Denton, attached hereto and incorporated by reference hereto as Exhibit A, is hereby
approved
SECTION 2 That Ordinance 2000-428 and all pnor ordinances or resolutions of the
C~ty of Denton, Texas, in conflmt herewith are repealed to the extent of any such conflmt
SECTION 3 That this ordinance shall become effective ~mrnedlately upon ~ts passage
and approval
PASSED AND APPROVED this the day of ,2001
EULINE BROCK, MAYOR
S \Our Docum~nts\Ordmances\Ol\Clvfl Service positrons doc
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ord~nances\01\Clvll Service positrons doc
EXHIBIT A
ORDINANCE NO
CITY OF DENTON SCHEDULE OF AUTHORIZED POSITIONS
POLICE DEPARTMENT
The Police Department as authorized 135 positions as follows
Chief of Pohce 1
Captmn 2
L~eutenant 8
Sergeant 14
Police Officer (and Recrmts) 110
TOTAL 135
FIRE DEPARTMENT
The Fare Department as authorized 131 pos~tlons as follows
Fare Chief 1
D~mslon Chief 1
Battahon Chief-Operations 3
Battalion Chief-EMS Manager 1
Battahon Chlef-Info Services Manager 1
Captaan 21
Captaan-Loglstlcs Mamtenance Officer 1
Driver 36
Fare Fighter (and Retinas) 66
TOTAL ! 31
9//7//9 /
AGENDA INFORMATION SHEET / ~'
AGENDA DATE July 17, 2001
DEPARTMENT' Parks and Recreation
CM/DCM/ACM: Dave Hill, 349-8314
SUBJECT
Consider approval of a resolution naming the tennis courts m Avondale Park after Mabel Craven, and
declaring an effective date
BACKGROUND
The City Council adopted a Park and Facility Naming Policy on January 28, 1997 (Resolution No
R97-003) This policy requires that the Parks, Recreation and Beautification Board develop a
recommendation and forward it to the City Council for final action A copy of this policy is attached
In May 2001, the Park and Recreataon Department received a request from the Denton Tennis
Association to name the tennis courts m Avondale Park after Mrs Mabel Craven Mrs Craven was an
avid tennis player and an outstanding community leader A copy of the Tennis Association's original
request is attached (Exhibit 3)
As required by the Park Naming Policy, the Board's chair then appointed a committee to develop a
recommendation for the full Board's consideration at a future meeting Board Members Brandon
Barnes, Gert Aschenbrenner, and Dalton Gregory were asked to serve on the committee
The naming committee solicited comments on the proposed name for the tennis courts from various
members of the Denton Tennis Association No objections were expressed over the name of Mabel
Craven
RECOMMENDATION
The Parks, Recreation and Beautification Board unanimously approved the recommendation to name
the tennis courts at Avondale Park m memory o£Mabel Craven
PRIOR ACTION/REVIEW
On June 5t~, the naming committee proposed that the Parks, Recreation and Beautification Board
approve the naming of the Avondale Park tennis courts after Mabel Craven The Board has done so,
forwarding this recommendation to the City Council A copy of the minutes for the Board's June
meeting is attached (Ex_habit 4)
FISCAL INFORMATION
No City funds area required by fins action
ATTACHMENTS
1 Proposed Resolution
2 City Council Resolution R97-003 and Park and Facilities Naming Policy
3 Request from Denton Tennis Association
4 Minutes of the June 5, 2001, meeting of the Parks, Recreation and Beautification Board
Prepared By
Janl~ ~cLeod
Adr~strative Assistant
Respectfully submitted
E~hodney, DlrecJ~
Parks and~lon Department
Exhibit I
RESOLUTION NO
A RESOLUTION OF THE CITY OF DENTON NA.MI2qG THE AVONDALE TENNIS
COURTS AFTER MABEL CRAVEN, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the chmr for the Park and Recreation Board appointed a committee to
develop a recommendation for a name for the tennis courts at Avondale Park, and
WHEREAS, the naming committee proposed that the tennis courts at Avondale Park be
named after Mabel Craven, and
WHEREAS, the Parks and Recreation Board recommends that the tenms courts at
Avondale Park be named after Mabel Craven, and
WHEREAS, the City Council has determined that the recommendation complies with the
pohcy and guldehnes regarding the naming of parks and park faclhtles and has also determined
that it would be proper and fitting to name the tenms courts at Avondale Park be named in honor
and memory of Mabel Craven and wishes to recognize this commumty leader for her generous
contributions of service, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES,
~ The tennis courts at Avondale Park shall now and hereafter be known and
designated as the Mabel Craven Tenms Courts
SCT~ This resolution shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the .__ day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
AFPROVED AS TO LEGAL FORM
HERB ERT ~U~/(~TTORNEY
BY
3
S \Our Documentsq{esolunonsX01Eqamml~ Craven tenms courts doc
F~h~blt 2
RESOLUTION NO. ~
A P. ESOLUTION ADOPTINg A POLICY SETTINg G~JID~LINES P-EgARDINg THE
~ARKS AND PARK FACILITIES~ AND PROVIDINg AN EFFECTIVE
WHP,~%S, the Parks and Recreation Board has approved and
recommended a new policy to govern the naming of parks and park
facilities; and
W}~aP, the City Council deems it in the public interest to
adopt this policy, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ~R~BY R~SOLVES-
~ That the Park and Facilities Naming Policy, which
is attached hereto and made a part hereof for all purl)sees, is
hereby approved and adopted
~ That all policies inconsxstent herewith are
hereby repealed.
~ That this resolution shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this theWS day of~, 19~
A%-r~ST:
JENNIFER WALTERS, CITY SECRETARY
4
Park and Facihue~
Naming Policy
pose
a) Estabhsh general guidelines and procedures for thc nmmng of parks and recre~on
facdm~
b) Provide name ~dent~ficat~on for mdlvtdual parlcs
C) Provide name ldenlaficaiion wherever appropriate for specml braidings, structures,
fa~hu~, atea~gatde~.
d~ Pro.de for ¢l~n input ~ the pro~ of na~ng parks ~ud fa~l~ as
¢) Insure control of the naming of parks and facgme~ by the Parks and Recreation
Depa~i.,,ent and City Council through the recommendations of the Parks and
Recreation Board
General Otudeknes
a) Park property may be named after slzeets, geographical locations, lustoncal figures,
events, concepts, or local, State or Na~onal l_,r~l,~ Park property may also be
n~maed for md,wduals or groups where major donations of la~ funds or other
exceptional contnbtmons toward the development, mamteoance and/or openmon of
a park or facdity have been made by the nominated mchv~dual or group
b) With the excep~on of major donaUons, park~ and recre~on fac, hues shall ~ot be
named for hvmg persons In cases mvolvm8 the names of local commumty 1~,t~,
the following gmdelmes shall apply
1) the nominated mchwdual shsl! have made excepuoval contnbu~ons to
Denton parks and recmmon and/or the commul~lty,
2) there shall be a clear and demonstrated consensus for the nO~m~t~d n~rnc
C) Parts or areas w~thm a park or recrc~on fatty may be g~ven a name wtuch ~s
d~nt than the park or buddmS Such pm~s or area~ may include (bu~ an: not to
bm,tod to) 8atdens, playgrounds, athl~c fields, structures, swrnmmg pools and
mee~n~ rooms Names for such faczhues shall be estabhshed by the same
gmdelmes and procedures apphed to park~ and buddings
d), Tbe nauung °f a park, a fac~hty or Para of a p~-k or facility shall not be accepted as
a condttion of donation, unless the value of the donation exceeds $15,000 or 51% of
the total project cost, wt~cbever ~s Ipester Improvements valued at less than
$15,000 wtll not be affixed vath names
e) Once a nnme bas been established, the Director of Parks and Recreation will be
responsible for the installation of appropriate s~nage and mn~kers w~thm a
reasonable i~me
0 C°nmbut~°ns which do not merit naming and whmh are valued at less tbs. $15,000
and comprise less than 51% of the project cost may be r~co?,7~l. G-fits which are
valued.at greater th~ $500 and compnse at least 25% of the project cost may be
reco?,~,od by plaque or marker At the request of the donor, the Parks and
R~-eation Department wttl provide the plaque or marker for conmbtmons of
$2,500 or greater Such recogmt~on for conlnb~aon of le~s than $2,500 must be
prov~dod by the donor All plaqu~ and ms~kers shall meet the spectfica~ons of the
Parks and Recr~on Department.
Should a recognmon plaque or marker requh-e replacement, such replacement shnl!
be the responsib~ty of the original provtder of the marker or plaque
Name Changes
a) Requests for name changes may be considered by the Parks and Recreation Board
The aforementioned guldehnes for naming a park or facfll~ shall generally apply to
b) In r~wewlng a request for a name change, the Board wtll g~ve specml consideration
to any legal agreements or authortzed wntmn promme~ which were made when the
ongmal name was embli.~l~d.
c) If a change ~s requested m the name of an ex~n~g park or facthty, such request ~
not be acted upon by the Board tmill a s~gn stating the request has been posted on
the affected property for a period of 45 days The s~gn should du~ comments to
the Director otthe Parks and Rmreatton Department.
Proeedures
a) Names for new parks shall t~jplcally be established within 90 days from the elm~ of
land acqmsmon. The name of new braidings shall be estabhshed prior to the
completion of construction, Names for parts or areas of parks and factht~es may be
estabhshed at any t~me
b) The chatrman of the Parks and Racreat~on Board shall name a committ~e that vail
be re~onstble for I~c. ommendmo a llalll¢ for all park lands and facthues to the
C) The comm,tt,~_ sh~ll be responsible for research, study, ~nd recommendation of a
proposed name to the Board R~onale for the select~on of the recommended name
shall be given m writing Any recommendation wluch revolves the name of a
person shall include the following
· a b~o~raphical or mformat~onal sketch,
· rationale supporting the nom,mmon,
· the name(s) of the pemon(s) or supporting group(s) responsible for the
nonnna~on.
d) The Parks and Recre~on Board shall approve or disapprove of the name
rec~mmetlded by the wrnrn!Ree
e) If file ~omm~tlee*s reeomm,mdat~on ~s &sapproved by the Board, then the matter
may be r~fen~ back to the eommRtee for further act~om
f) All l'egomm~[~d llallle8 for such faaht~es must be approved by a majority vote of
lhe members of the Parks and Recmlmon Board
g) Upon approval, the recommended name shall be forwarded to the C~ty Council for
their conmderat~on and final decmon.
7
EXHIBIT
Denton Tennzs Association
Russ Bufkins, Vice Presmdenu
2212 Woodbrook
Denton,TX 76205
Tel: 940-382-22~7 .
EM ladylu@flas~.ne~
Mr.Ed Hodney Aprml 30 2001
Dmrector, Parks and Recreation Dept.
321E.McKinney
Denton, TX 76201
Dear Mr. Hodney:
On behalf of the members of the Denton Tennms Assocmatmon, we
would like to submit the following proposal to you and the member
of the Parks and Recreatzon Advzsory Board
At a meeting of the officers, and consultatmon wmth key members,
we have unamimously agreed to propose to you and the board that
the Avondale Park tennzs courts be named ~n honor of the late
Mabel Craven. Her husband of 62 years,Jake Craven, and the famzl
have given their enthusiastmc approval.
Up untml a few days before her death at age 85, Mabel was a dazly
tennms player at the Avondale courts, and she had been active mn
Denton tennms since the early 1950's. She was personally
responsmble for organmzmng and conductmng a damly tennms outmng
for several senior citizens at Avondale. Mabel was also a regular
player at the Friday and Saturday sessmons of the Denton Tennms
Assocmatlon open play at the Goldfmeld Tennis Center. She quit
playmng wzth the DTA last year when she became the last of severa~
players of her level.
In addmtmon to her regular play, Mabel was an an~al financial
contributor, and was a major supporter of the fundramsmng drmve
to build the Goldfmeld Tennis Center.
Mabel was an inspmratmon to all of our players and we respected
her for her leadership. She encouraged several senmors to take
up tennms and supported the DTA's junzor programs.
We hope you and the board will agree wmth us that thms unmque
Denton tennms p~oneer should receive special reeo~nii~on~y
naming the Avondale courts ~n her honor
We have revmewed the Parks and Recreation naming polmcy sent to
us by Janie McLeod and and belmeve that thms request qualifies
under Paragraph 2 c General Gumdelmnes and Paragraph $ c.
In complmance with the latter, an obmtuary/blographmcal summary
is enclosed. Names of key members and supportzng groups ms
included under the Enclosures. A copy of the Denton Tennms
Associatmon directory is attached. DTA w~ll pay all expenses.
KINS LLB ~D ~
Vice President
8
ENCLOSURES on Page 2.
Mabel Craven P.2 of
ENCLOSURES:
A.. Obituary of ~bel Craven. Note her many civic activities
which includes receiving the Otis Fowler Award mn 1985.
B. Directory of the Denton Tennis Assoczation. Th~s was included
to provide you wmth an additional source for researching support
of this request.
C. Officers of,,the Denton Tennis Association.
Karen Trivett,Pres. 306 0wenoaks Dr.,Lake Dallas ~5065,~ 498-9717
Linda Cranfill,VP, 207 Old Alton Dr. Denton 76205 484-4422
Cathy Avery,VP,Youth, 800 Hercules,Denton 7620! 349-8526
Russ Bufkzns,VP, 2212 Woodbrook,Denton 76205 382-2297
Cheryl Hudgens,Treasurer, 1736 Timbermdge Ct. Corxnth,76205,497-29~
D.Several key members of the DTA have been contacted by maml and
phone to enlmst their support. Members George and Jane Hopkins,
Al and Joanna Hurley~ and Jim Schulze have g~ven enthusiastic
endorsements. Other key members who have been mazled a copy
of thms request and should respond soon are: Alan and Shmrley
Goldfield, Brandon Barnes, Dr. William and Rosalie Remley,
L.L. and Beth LaRue, and others.
ADDED NOTE:
The Denton Tennms Associatmon will pay costs of new smgnage,
and an appropriate recognition plaque. We wzll aslo plan and
conduct a modest dedicatmon ceremony whmch w~ll be coordmnated
wmth DPRD and approved by you.
Denton Record-Chroniql_e
2A/Friday April 20 2001
Mabel Craven stock to the store Soon they Class, 50-year/nember of the
Mabel Craven, 85, of Den- had outgrown the 20X40 foot ' Ariel Club, *ands ~harte~:
ton. died Wednesday, April space and moved to a larger~ member o~the D~nton Worn-
18, 2001, at location Fifteen years later, ~n's Club and the Denton
Baylor Urn- the name was changed to Cra-~ Benefit League MabeI,consld-
versify Me&- van's Dry Goods and the bust- ered her family a blessing and
ca] Center m ness moved to a 50-foot wide ~ her mos{ unportant~treasure
Dallas budding on West Htckory The~ t Funeral serwces will be
She was store continued to grow and m ~ held at 3 p m Saturday, April
born Nov 2, 1974 the First State Bank ' 21, at the Ftrst Umted Meth-
1915, m Ant- purchased the building and o&st Church 'The Rev Gary
lets, Okla, to Craven's moved to 101 West l~lueller wll officiate, assisted
Thomas and Hickory ,, ~ i~ Jake Craven'IV Bumal
Craven Alice (Robin- The store closed m 1990, 50 ~ follow m Roselawn Memo-
son) Nabors years after its beg~mg Ma- - hal Park
She was a graduate of Ada bel and Jake had 62 years of ~ Pallbearers will be Bryant
(Okla) High School and at- worknng together, building a Scalf, Don Po,well, Rhodes Al-
tended East Central College business, rearing a family and ~ len, Jack Barrett, Bob Deed,
from 1933 to 1935 While contributing to the communl- and Ray Stephens Honorary
worlcmg at a cuv._l serwce job, ty of Denton One of the great- pallbearers will be Norman
she met Jake Craven They est honors ever received by Harrison, Greg Ankeney, and
rearmed m E1 Reno, Okla, in Mabel and Jake was the Otto W~lkes Berry
1939, aider a short courtship Fowler Award in 1985 Tins is ~ The family will be at Mulk-
Soon she and Jake moved to the tnghest award g~ven to a ey-Mason Jack-sohmltz and
Big Spring where a decision member of the Denton com- ~ Son Funeral Home from 7 to 8
tonWaS made to return to Den- mumtYc~ty for their serv~e to the~,~., tatlon p m Friday, April 20, for v~sl-
In March of 1940, a small Mabel would want to be Ye- ~ Memorials may be made to
space just off the square on membered for her devotion to the First United Methodist
East Oak Street was rented Christ and love of people She Church in her memory
and w~th a small stock of was a member of Bible Study Survivors include her bus-
Dickies work clothes and a Fellowstup for 15 years and band, Jake, Dick and
lettering machine, Denton an active member of the Den- Craven, Lynn and Ed Bacon,
Uniform Shop was off and ton Tanms Assoclatmn She M.x~ne Dean, Louise Brooks,
running With the beginning played tenn,s five to s~x throes Allyson, IVnke, Luke and Max
of World War II, Jake was a week until her recent ill- Marshall, Krmtln and Tom
drafted and Mabel ran the ness She was also an active McKey, Jake Craven IV, Holly
business After the war, Jake member of the TWU Wellness and Mtchael Deams, Pat Hill,
returned home and ~nmedi- Center, First United Method- John Brooks, and Susan De-
lately started adding more mt Church, the Bungalow Loren
10
13
From "M~ke Carr" <mtcarr@evl net>
To "Hodney" <parksnrec@c~tyofdenton com>
Date 5/21/01 7 57AM
Subject Naming of Avondale Park Tennis Courts
I want to support Russ Bufkm's proposal to name the subject tenms courts m honor of Mabel Craven She
was a awd tenms player and supported the Denton Parks and Recreation efforts to promote tennis It ~s a
real opportunity for the c~ty to recogmze some of the ordinary people that have contributed to the
betterment of the c~ty ~n small ways and made use of the recreation fac~hbes
regards,
M~ke Carr
15
From <Nancybbnj(~aol com>
To <parksnrec@c~tyofdenton com>
Date 5/22/01 1 42PM
Subject Avondale tennis courts
Dear Mr Hodney,
I would I~ke the Avondale Park tennis courts to be named ~n honor
of Mabel Craven I don't believe Denton could find a more worthy person to
represent the sport of tenms Her competitiveness, graciousness, loyalty and
love of the game kept her on the courts ~nto her e~ght~es As a resident for
7 years, and a tenms player myself I would see Mabel out on the courts
every Friday playing w~th the DTA She was an ~nsp~rat~on to all w~th her
w~t, and her ability to play fine tenms at such an age She always had a
smile to share too Mabel passed on ~n Apnl and such ded[cabon to her sport
deserves recogmtlon The DTA has a proposal on the agenda for this
consideration Please honor Mabel Craven at the Park Board meeting on May 23
2001
Smcerely
Nancy Glantz
16
May 17,2001
I hope that the Avondale Tennzs Courts can be renamed
in honor of a great lady of Denton She was frzendly
at the bank, zn work and playing tennis I played
with her in tennzs about three years ago and she was
competative I told her I hoped to live to her age
and play tennis We shall see
Please give fair coszderatlon to naming the area for
Mable Craven The current players in the area would
approve
Thamks/or ~ourlconsideration
~ant Jac~5~on
Assistant Vice President
First State Bank of Texas
Past President-Denton Tennis Association
18
Denton Parks,
Recreation and
Beautification
Dept
To Don Edwards, Chaw, Parks, Rrecreat~on
and Beautoqcatwn Advisory Board
Frorn~ Commtttee for Renaming Avondale
Park Tennrs courts
cc Ed Hodney, Dwector PARD
Date Tuesday, June 5, 2001
Subject Committee report
On May 25,2001 th~s committee was appointed by the Chair of the Denton
Parks and Recreatwn and Beauttflcatwn Adwsory Board (PARD) to look into the
proposed name change for Avondale Park tennis courts made by members of the Denton
Tennis Association
The committee consisting of Brandon Barnes, Dalton Gregory, and Ger~
Aschenbrenner, all members of PARD, met on May 25, 2001 and rewewed the
supporting material presented by the Denton Tenms Association (DTA) and to insure
met the criteria established by City Council resolution No R97 003
Each of the committee members had personal knowledge of Mabel Craven's
participation and her commumty involvement and could verify the authenticity of the
material
There is no objection and the committee unanimously recommends the action
proposed by the Denton Tennis Assoclat~on to name the Avondale Park tenms court m
honor of Mabel Craven The committee recogmzes the generous contribution of the DTA
to pay for the s~gnage and all expenses related to the renaming
Approved
~ Brandon ]~mes June 5, 2001
C-eri Aschenbrenner June 5, 2001
Attachment Documentation presented by the DTA
EXHIBIT
DRAFT
Parks, Recreation and BeauUficatlon Board
SPECIAL CALL MEETING
June 5, 2001
Members present Don Edwards, Brandon Barnes, Dale Yeatts, Gert Aschenbrenner,
Teresa Andress, and Dalton Gregory
Staffpresent Janet Simpson and Jame McLeod
Chmrman Don Edwards call the Special Call meeting to order at 5 00 p m
ACTION ITEM
Proposed Name for the Avondale Tennis Courts As required by the Parks Naming
Policy, the Board's chair appointed a naming comnnttee that consisted of Brandon
Barnes, Gert Aschenbrenner, and Dalton Gregory The committee recommended naming
the tennis courts at Avondale Park in memory of Mabel Craven Brandon Barnes stated
that Mrs Craven had been a long-standing supporter of the tennis programs and an
outstanding community leader
Brandon Barnes made a motion to name the tennis courts at Avondale Park in memory of
Mrs Mabel Craven Dalton Gregory seconded the motion and it passed unanimously
Brendfi. Phflhps was unable to attend the meeting but sent an e-marl in support of nanung
the courts in memory of Mrs Craven
There being no further business, the meeting was adjourned
20
AGENDA INFORMATION SHEET
AGENDA DATE: July 17, 2001
DEPARTMENT. Community Developm~[/
CM/DCM/ACM: Dave Hill, 349-8314 ~'~\
SUBJECT
Consider adoption of a resolution of the C~ty of Denton, Texas calhng a pubhc hearing to
consider estabhshmg a Remvestment Zone IV for Sally Beauty Company, Inc, ratifying prior
actmns, and deelanng an effective date
BACKGROUND
On May 2, 2001, Sally Beauty Company submitted an apphcat~on for tax abatement Sally
Beauty Company ~s the world's largest beauty supply company, owmng over 2,300 company
stores world-wade Sally moved thear corporate headquarters from New Orleans to Denton ~n
1982 and has continued to grow into a $1 bllhon company
The Sally Beauty Company Denton faelhty was originally built to house the corporate office and
warehouse actlwttes However, the company no longer uses the warehouse space and has
outgrown ars office space Currently, Sally leases space across the street from ~ts facthty to
provide needed office space
Sally's tax abatement apphcataon requests that the C~ty, County and Denton Independent School
D~stnct award a ten-year, 100% abatement on any new building value the renovation may
generate Essentmlly, Sally as requesting a freeze on their current taxes on the barld~ng only
Sally would continue to pay current taxes plus any ~ncreases m land and eqarpment valuauons
In return, Sally would commit to investing $5 mflhon an Phase I of the project - a redevelopment
of approximately 30,000 square feet of warehouse ~nto approximately 60,000 square feet of
office (they would create a second floor out of the ex~st~ng one-floor warehouse) Phase II
would complete the redevelopment of warehouse to office and is estimated at another $5 mllhon
The company ~s not certam when Phase II construction would commence If ~t occurs ~n the ten-
year abatement period, the "freeze" would still be m effect We do not propose a separate
cons~derataon for abatement for Phase II as ~t would extend the agreement request beyond the
ten-year maximum
Our Tax Abatement Pohcy reqmres we hold a pubhc heanng prior to estabhshang a tax
abatement re~nvestment zone State law reqmres that companies be located ~n re~nvestment
zones in order to be ehg~ble for tax abatement The attached resoluuon sets the pubhc heanng
date for July 31, 2001 The proposed tax abatement agreement wall also be placed on the July
31, 2001 agenda
OPTIONS
1 Approve resolution This option sets the pubhc hearing date as July 31, 2001, where
pubhc comment may be receaved regarding the creauon of a remvestment zone for
tax abatement purposes for the Sally Beauty Company, Inc project
2 Deny approval of resolution Th~s option prevents the pubhc heanng process and
prohibits the creation of Relnvestment Zone IV, thereby terminating the Sally Beauty
Company tax abatement request process
RECOMMENDATION
The Joint Tax Abatement Committee rewewed the Sally Beauty Company request and has
recommended ~t be forwarded to the C~ty Cotmcfl for consideration
ESTIMATED PROJECT SCHEDULE
If approved, a pubhc hearing will be held on July 31,2001 Pubhc notme will appear ~n the July
19 and 20th Denton Record-Chromcle newspapers At the same meeting, Cotmcfl will consider
an ordinance estabhshmg Remvestment Zone IV and the proposed tax abatement agreement
between the City of Denton and Sally Beauty Company, Inc
PRIOR ACTION/REVIEW
The Joint Tax Abatement Committee reviewed the Sally Beauty Company tax abatement
apphcatlon at their April 9 and May 25, 2001 meetings
FISCAL INFORMATION
Establlsh~ng a Re~nvestment Zone creates no fiscal ~mpact Estabhshlng the Re~nvestment Zone
IV allows the City Cotmcfl to consider the company's tax abatement request Currently, Sally
Beauty Company pays $436,984 annually ~n ad valorem taxes ($88,627 to the C~ty of Denton)
If approved, the company would continue to pay ad valorem taxes on the current valuation The
abatement would only apply to any ~ncrease ~n valuation of the building located at 3900 Morse -
estimated at $1,3 mllhon or approximately $7,000 in C~ty ad valorem taxes annually (based on
the current tax rate)
ATTACHMENTS
Resolutton
Respectfully submitted
C/Lln~d~. Ratfff, Director ~//¢~-
Commumty Developmen! ~
2
RESOLUTION NO
A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING TO
CONSIDER ESTABLISHING A REINVESTMENT ZONE IV FOR SALLY BEAUTY
COMPANY, INC, RATIFYING PRIOR ACTIONS, AND DECLARING AN EFFECTIVE
DATE
WHEREAS, the City has previous to the passage of this resolution by Resolution R2000-
028 passed on June 6, 2000 re-established its Tax Abatement Pohcy by adopting guldehnes and
criteria govemmg tax abatement agreements in accordance with Tex Tax Code ch 312, which
Pohcy was amended by Resolution No 2001-020 on May 1, 2001, and the City has declared that
it elects to become eligible to participate in tax abatement, and
WHEREAS, the City finds that it is in the public interest to call a public heanng to
consider the creation of a reanvestment zone for tax abatement purposes for the purpose of
offenng a tax abatement to Sally Beauty Company, Inc in accordance with Tex Tax Code
§ 312 20 l, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION 1 That the City Council hereby calls a pubhc heanng and the City Manager
is hereby anthonzed to give notice of a public heanng for the establishment of a reinvestment
zone (Reinvestment Zone IV), comprised of the property located on approximately 13 3742 acres
at or near 3900 Morse Street, within the corporate hmits of the City of Denton as more fully
described in the attached Exhibit "A" and as shown on the diagram as the area outlined in red
attached hereto as Exhibit "B," for the purpose of entering into a tax abatement agreement with
Sally Beauty Company, Inc for a project to be developed within a 13 3742 acre tract of land
within this Relnvestment Zone and other eligible projects under the City's Tax Abatement
Policy, which Exhibit "A" and "B" are made a part of this resolution for all purposes as If written
word for word herein At the heanng, the City Council will determine whether the
improvements sought are feasible and practical and would be a benefit to the land to be included
in the Zone and to the City after expiration of any tax abatement agreement entered into under
Tex Tax Code ch 312 Notice of the pubhc heanng will be substantially an the form of the
attached Exhibit "A," which exhibit IS made a part of this resolution as if written word for word
herein The public heanng will take place on the 31st day of July, 2001, at 6 00 p m in the C~ty
Council Chambers at City Hall at 215 E McKluney, Denton, Texas 76201, but not until at least
seven days after notice of this pubhc heanng has been pubhshed in the Denton Record-
Chromcle, a newspaper having general circulation within the City, and specific notices are
delivered in wntmg to the presiding officer of the Board of Trustees of the Denton Independent
School Dtstnct, the Commissioners Court of Denton County, and to other taxing units, if any,
that include in their boundaries the real property described in the attached Exhibit "A" in
accordance with Tex Tax Code §312 201 All prior actions of the City Manager, the Director of
Commumty Development, the City Attorney, and their staffs in providing the required notice are
hereby ratified and approved
SECTION 2 That th~s resolution shall become effective ~mmed~ately upon ~ts passage
and approval at a regular meeting of the C~ty Council of the C~ty of Denton, Texas on this the
17th day of July, 2001, at whmh meeting a quorum was present and the meeting was held ~n
accordance with the provisions ofTex Gov't Code §551 001, et seq
PASSED AND APPROVED this the day of ., 2001
EULINEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
4 Page 2 of 2
EXHIBIT "A"
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS, WILL HOLD A PUBLIC HEARING TO ALLOW
INTERESTED PERSONS TO SPEAK AND PRESENT EVIDENCE FOR OR AGAINST
THE ESTABLISHMENT OF REINVESTMENT ZONE IV FOR COMMERCIAL AND
INDUSTRIAL TAX ABATEMENT PURPOSES THE PURPOSE OF THE ZONE IS TO
RETAIN THE SALLY BEAUTY COMPANY, INC AND ITS RENOVATION PROJECT
AND TO ATTRACT SIMILAR INDUSTRIAL AND COMMERCIAL BUSINESS
ENTERPRISES TO THE CITY OF DENTON, CREATE JOBS, EXPAND THE LOCAL
TAX BASE, AND TO ATTRACT MAJOR INVESTMENT IN THE ZONE THAT
WOULD BE A BENEFIT TO THE PROPERTY AND THAT WOULD CONTRIBUTE
TO THE ECONOMIC DEVELOPMENT OF THE CITY THE PURPOSE OF THE
HEARING WILL BE TO DETERMINE WHETHER THE IMPROVEMENTS SOUGHT
ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND
INCLUDED IN THE ZONE AND TO THE CITY AFTER EXPIRATION OF THE TAX
ABATEMENT AGREEMENT THE PUBLIC HEARING WILL BE HELD IN
ACCORDANCE WITH CHAPTER 312 OF THE TAX CODE
ALL INTERESTED PARTIES, INCLUDING RESIDENTS OF THE PROPOSED
ZONE, ARE ENCOURAGED TO PRESENT THEIR VIEWS AT THE HEARING
THE PUBLIC HEARING WILL BE HELD ON JULY 31, 2001, AT 6.00 P.M IN
THE CITY COUNCIL CHAMBERS AT CITY HALL AT 215 EAST MCKINNEY
STREET, DENTON, TEXAS.
REINVESTMENT ZONE V WILL BE COMPOSED OF APPROXIMATELY
8 752 ACRES OF LAND LOCATED AT OR NEAR 1700 WOODBROOK WITHIN THE
CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS.
THE REINVESTMENT ZONE IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
4 086 ACRE TRACT
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE R.H. HOPKINS SURVEY, ABSTRACT NO 1694 AND THE J
MCGOWAN SURVEY, ABSTRACT NO 797, DENTON COUNTY, TEXAS, AND
BEING A PART OF A CALLED 1.447 ACRE TRACT, DESCRIBED IN A DEED TO
THE SYNOD OF TEXAS, PRESBYTERIAN FOUNDATION OF THE UNITED
PRESBYTERIAN CHURCH, U S.A., A TEXAS CORPORATION, RECORDED IN
VOLUME 458, PAGE 224, DEED RECORDS, DENTON COUNTY, TEXAS, AND A
PART OF A 31 715 ACRE TRACT, DESCRIBED IN A DEED TO THE SYNOD OF
TEXAS,'PRESBYTERIAN FOUNDATION OF THE UNITED PRESBYTERIAN
CHURCH, U S.A., A TEXAS CORPORATION, RECORDED IN VOLUME 485, PAGE
97, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
6 Page 2 of 4
BEGINNING AT A WOOD RIGHT-OF-WAY POST AT THE NORTHWEST
CORNER OF SAID 1.447 ACRE TRACT, BEING THE NORTHEAST CORNER OF
LOT 1,OF THE REPLAT OF BLOCK 2, SOUTHRIDGE CENTER, RECORDED IN
VOLUME 6, PAGE 8 PLAT RECORDS, DENTON COUNTY, TEXAS, AND BEING ON
THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35 EAST (A
VARIABLE WIDTH RIGHT-OF-WAY);
THENCE SOUTH 73 DEGREES 43 MINUTES 46 SECONDS EAST, WITH THE
NORTH LINE OF SAID 1 447 ACRE TRACT AND THE SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 166.40 FEET TO A ¼ INCH IRON PIN SET WITH A
YELLOW PLASTIC CAP STAMPED H&N 1849,
THENCE SOUTH 78 DEGREES 35 MINUTES 00 SECONDS EAST, WITH THE
NORTH LINE OF SAID 1 447 ACRE TRACT AND THE SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 342.58 FEET TO A ½ INCH IRON PIN SET WITH A
YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE INTERSECTION OF THE
SAID SOUTH RIGHT-OF-WAY LINE AND THE WEST RIGHT-OF-WAY LINE OF
SOUTHRIDGE DRIVE (A 60 FOOT RIGHT-OF-WAY),
THENCE SOUTH 01 DEGREES 00 MINUTES 33 SECONDS EAST, WITH SAID
WEST RIGHT-OF-WAY LINE, A DISTANCE OF 307 79 FEET TO A FOUND IRON
PIN AT THE NORTHEAST CORNER OF LOT 6, BLOCK 3, SOUTHRIDGE CENTER,
RECORDED IN VOLUME 3, PAGE 51 PLAT RECORDS, DENTON COUNTY, TEXAS,
THENCE NORTH 89 DEGREES 43 MINUTES 58 SECONDS WEST, WITH THE
NORTHLINE OF SAID BLOCK 3, A DISTANCE OF 497 59 FEET TO A ¼ INCH IRON
PIN SET WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 AT THE
7
Page 3 of 4
NORTHWEST CORNER OF LOT 3, BLOCK 3, AND BEING ON THE EAST LINE OF
LOT 2, OF SAID BLOCK 2, SOUTHRIDGE CENTER,
THENCE NORTH 00 DEGREES 27 MINUTES 40 SECONDS WEST, WITH THE
EAST LINE OF SAID BLOCK 2, A DISTANCE OF 419 87 FEET TO THE POINT OF
BEGINNING, AND CONTAINING IN ALL 4.086 ACRE OF LAND
4.486 ACRE TRACT
BLOCK 1, OF SOUTHRIDGE, AN ADDITION TO THE CITY OF DENTON, AS
SHOWN BY THE PLAT THEREOF, RECORDED IN VOLUME 3, PAGE 51 PLAT
RECORDS, DENTON COUNTY, TEXAS.
BOTH TRACTS TOTALING 8.752 ACRES OF LAND
8 Page 4 of 4
~Oond~ Item. -~/~/
AGENDA INFORMATION SHEET
AGENDA DATE: July 17, 2001
DEPARTMENT. Commumty Developm~/
CM/DCM/ACM. Dave Hill, 349-8314~
SUBJECT
Consider approval of a resolution by the City of Denton, Texas, authorizing the Caty Manager to s~gn
and submit an amendment to the 2000 Action Plan for Housang and Community Development
submitted ~n June 2000 to the U S Department of Housing and Urban Development w~th appropriate
certfficat~ons, as authorized and required by the Housmg and Commtmaty Development Act of 1990, as
amended, and provadmg an effectave date
BACKGROUND
Councd members Raymond Redmon and Perry McNedl have requested that the C~ty attempt to find
addltmnal Community Development Block Grant dollars to assist in funding a Boys and Girls Club
summer program m the Southeast Denton neighborhood Commumty Servmes staff indicated that
$10,000 was avmlable due to the closing of the TWU CARES Health Chine These funds are avmlable
for reprogrammlng It was requested that staff mltmte procedures to amend the 2000 Action Plan to
allow for transfer of thas funding to the Boys and Girls Club program
Staff developed and published a proposed amendment The amendment provides for reallocation of
$10,000 to projects and programs approved in the 2000 Action Plan, ~ncludmg the Boys and G~rls Club
youth programs The amendment promded a 30-day pubhc comment period from May 25 through
June 3 No comments were receaved Council may now reallocate funds as per the amendment
Community Servmes staff members met wath Andrea Wilson, Executive Darector of the Boys and Girls
Club of Denton County, and d~scussed the proposed budget for the summer program It was
antm~pated based on projected budget reqmrements and payments made by partlmpants that the
program would need an add~tional $7,500 to complete the summer session Salary expenses will be
reimbursed based on documentation submitted by the Boys and Garls Club Staff ts requesting Council
approval of the funding agreement for these servmes m a separate agenda item
The $2,500 balance and any funds remmmng after contract close-out wall be set up as a contingency
fund to provide addatlonal resources for housing or pubhc improvement projects approved in the 2000
Action Plan These funds would be moved into those budgets if ftmdmg is needed to complete a
project or continue a program
OPTIONS
1 Reallocation of funds to existing actiwtles ~ncludlng the Boys and Girls Clubs youth actlwt~es,
housing and pubhc improvements as stated m proposed amendment
2 Reallocate funding to existing housing or pubhc improvement actavatles ancluded ~n the 2000
Action Plan
3 G~ve staff direction to reallocate funding to new achv~ties not included in the 2000 Actmn Plan
Thas would reqmre an addltaonal pubhc comment period
1
RECOMMENDATION
The Human Services Adwsory Committee did not review the proposed program Therefore, no
recommendation from the committee ~s forthcoming
Staff recommends approval of the amendment including funding for the Boys and G~rls Club program
The program is currently active and is serving cluldren in the Southeast Denton area
Staff also recommends that m the future, all agencies be required to follow the same procedures when
requesting funds A process ~s currently set up that allows all agencies to request funds for needed
services on an annual bas~s Agencies are reqmred to use appropriate planmng techniques to develop
program activities and budgets The Cotmcll-appomted Human Services Advisory Committee reviews
each agency's plan Agency requests for City funds and their proposed actlmt~es are compared to
commumty needs and existing services Agency characteristics including board make-up, fiscal
responsibility and program beneficiaries are discussed The HSAC then spends a s~gmficant amount of
time determlmng final recommendations to Council regarding the use of City funding This process
has been successful in meetang many urgent commumty needs
ESTIMATED PROJECT SCHEDULE
The program is currently active and will end on August 10
PRIOR ACTION/REVIEW
None
FISCAL INFORMATION
Program fees from clients (for both sessions) are covenng expenses for the first summer session
CDBG funds will be used to reimburse some salary expenses from the first session and pay adthtlonal
salary expenses for the second session
Approximately $2,500 ~n CDBG funding will be transferred to emst~ng housing programs and/or
public works program budgets as needed for project expenditures
ATTACHMENTS · Resolution
Prepared By
Barbara Ross
Community Development Adm~mstrator
Re,fitfully submlttej1
L~hda Rathff ~
Director of Commumty Development
RESOLUTION NO
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SION AND SUBMIT AN AMENDMENT TO THE 2000 ACTION PLAN
FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 2000 TO
THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH
APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE
AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Denton is concerned with the development of viable urban
communities, including decent housing, a suitable hwng environment and expanded economic
opportunities, and
WHEREAS, the City of Denton as an entitlement city under the Community
Development Block Grant program and a participating jurisdiction under the HOME Investment
Partnerships program, prepared through a citizen participation process, a plan for using its 2000
CDBG, HOME and program income funding in the approximate amount of $1,668,810, and
WHEREAS, the City of Denton wishes to reallocate $10,000 in 2000 CDBG ftmdlng
from the TWU CARES Health Clinic to other projects and programs funded ~n the 2000 program
year including public services, housing and/or public facility improvements
WHEREAS, the City of Denton will reallocate specific amounts based on project and
program needs including approximately $7,500 in addmonal funding to the Boys and Girls Club
of Denton County for summer youth programming, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES,
SECTION 1 That the City Councd of the City of Denton, Texas, authorizes the City
Manager to submit to the US Department of Housing and Urban Development an amendment for
the reallocation of funds in the 2000 Action Plan for Housing and Community Development that
was previously submitted for a grant application with appropriate assurances for CDBG and
HOME funds under the Housing and Community Development Act of 1974 and the Affordable
Housing Act of 1990, as amended, to provide $10,000 to projects and programs funded in the
2000 program year including approximately $7,500 in additional funding to the Boys and Girls
Club of Denton County for summer youth programming and to execute all other documents and
take all other actions necessary to finalize this amendment
SECTION 2 That the City Councd authorizes the City Manager or his designee to
handle all fiscal and administrative matters related to the amended Action Plan
SECTION 3 That this resolution shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the __ day of 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
AGENDA INFORMATION SHEET 0ate .._._~t~/~-
AGENDA DATE: July 17, 2001
DEPARTMENT: Commumty Developme~5
CM/DCM/ACM' Dave Hill, 349-8314
SUBJECT.
Consider adoption of an ordinance of the City of Denton anthonzmg a service agreement m the amount
of $7,500 00 (seven thousand five hundred dollars) with the Boys & Girls Clubs of Denton County to
prowde a summer day care program to youth ages 6-12 hwng m Southeast Denton, prowdmg for the
expenditure of funds therefore, and providing for an effective date
BACKGROUND
For the past ~five years, the Boys & G~rls Clubs of Denton County has prowded a summer day camp
program in the Southeast Denton neighborhood at Fred Moore H~gh School The program had been
funded through a Title V pass-through grant applied for by Juvemle D~vers~onary Servmes The grant
was supposed to be a three-year grant that should have ended m 1999 However, the Boys & Girls
Clubs and Juvemle Diversionary Services were able to extend the grant for two more years The grant
expired March 2001
The Boys & Girls Club was aware that the Title V grant was due to expire However, the agency's
past Executive D~rector was unable to secure grant funds to replace the Title V grant for the Fred
Moore Umt The lack of funds caused the Fred Moore Umt to operate at a loss during April and May
The agency's new Executive Director has ~med to seek alternative methods of funding including Umted
Way, Boys & Girls Club of America, and private foundations However, the amount of money raised
fell short of the amount needed to run the summer program ~n Southeast Denton
It has been requested by Council members Raymond Redmon and Perry McNelll, that the City attempt
to find additional Community Development Block Grant dollars to assist ~n funding the summer
program m the Southeast Denton neighborhood Commumty Services staff ~ndmated that $10,000 was
avmlable due to the closxng of the TWU CARES Health Chmc
The Human Services Adwsory Committee had recommended $10,000 be allocated to TWU CARES
for fiscal ye~ar 2000-2001 City Council approved the TWU CARES allocation when it approved the
Community, Development Action Plan last year However, TWTJ CARES closed its doors before the
fiscal year, leaving the $10,000 unspent
Community Services staff members met w~th Andrea W~lson, Executive D~rector of the Boys and G~rls
Clubs of Denton County, and discussed the proposed budget for the summer program Ms Wilson
anticipated that the program would need apprommately $7,500 to complete the summer session
Salary expenses would be reimbursed based on documentation submitted by the agency
The Southeast Denton summer program as currently serving 30 youth Most of the youth are ages 6-9
Communaty Serwces staff worked w~th the National Youth Sports Program to recruat as many chaldren
as possable to go at ats free camp at the Umversaty of North Texas NYSP takes youth ages 10-16 and
d~d s~gn up some children from Southeast Denton For the most part, the Boys & G~rls Clubs of
Denton County ~s addressing the gap for children ages 6-9
OPTIONS
1 Authorize execution of a Commumty Development Block Grant servace agreement m the
amount of $7,500 w~th the Boys & G~rls Clubs of Denton County to prowde the summer
program an Southeast Denton
2 Do not authortze execution of a service agreement with the Boys & G~rls Clubs of Denton
County
3 Authorize payment for program expendatures m a d~fferent amount
RECOMMENDATION
The Human Services Adwsory Committee d~d not rewew the proposed program Therefore, the
Councal-appomted commattee made no recommendataon
Staff recommends execution of a service agreement wath the Boys and Girls Clubs of Denton County
m the amount of $7,500 00 (seven thousand five hundred dollars) to prowde the summer day care
program to youth ages 6-12 hwng m Southeast Denton
Staff also recommends that m the future, all agencies be requared to follow the same procedures when
requesting funds A process is currently set up that allows all agencaes to request funds for needed
services on an annual bas~s Agencies are reqmred to use appropriate planning techmques to develop
program actavat~es and budgets The Human Servaces Advisory Committee rewews each agency's
plan Agency requests for C~ty funds and thear proposed actawtaes are compared to commumty needs
and exlstang servaees Agency characteristics including board make-up, fiscal respons~bthty and
program benefieaaraes are d~seussed The HSAC then spends a s~gmficant amount of tame determining
final recommendataons to Council regarding the use of Caty funding Th~s process has been successful
m meeting many urgent community needs
ESTIMATED PROJECT SCHEDULE
The summer program began June 4 and will end on August 10
PRIOR ACTION/REVIEW
None
FISCAL INFORMATION
Program fees from ehents (for both sessions) are part~ally covering expenses for the first summer
sessaon CDBG funds w~ll be used to reamburse salary expenses from the first session and pay
addltaonal salary expenses for the second sessaon
2
ATTACHMENTS
Ordinance Authorizing a Service Agreement w~th the Boys & G~rls Clubs o£ Denton County
2001 C D B G Service Agreement Between the C~ty of Denton and Boys & G~rls Clubs
2001 Fred Moore Boys & G~rls Clubs Summer Program Budget
Prepared By
Dan Leal
Human Services Coordinator
Respectfully submitted
Community Development D~rector
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN
THE AMOUNT OF $7,500 00 (SEVEN THOUSAND FIVE HUNDRED DOLLARS) WITH THE
BOYS & GIRLS CLUBS OF DENTON COUNTY TO PROVIDE A SUMMER DAY CARE
PROGRAM TO YOUTH AGES 6-12 LIVING IN SOUTHEAST DENTON, PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE
DATE
5VHEREAS, the City of Denton receives Community Development Block Grant funds from
the U S Department of Housing and Urban Development under T,tle I of the Hous,ng and
Community Development Act of 1974, as amended, and
WHEREAS, the C~ty has adopted a budget for sltch funds and included therein an authorized
budget for expenditure of funds for pubhc services, and
WHEREAS, the C~ty of Denton ~s concerned with the prov,s~on of affordable daycare to
children from lowqncome households, and
WHEREAS, the Boys & Girls Club of Denton County xs prowd,ng a summer day program
targeted toward low to moderate-income youth ages 6 - 12 hwng ~n Southeast Denton, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Council of the C~ty of Denton authorizes the C~ty Manager to
s,gn and execute a Commumty Development Block Grant Service Agreement wah the Boys and
G~rls Clubs of Denton Cgunty m the amount of $7,500 (Seven Thousand Five Hundred Dollars) to
prowde a summer day program to youth ages 6-12 living in Southeast Denton
SECTION 2 That the City Counml authorizes the Commumty Development Adm~mstrator
to handle all fiscal and admln,strat~ve matters relating to the service agreement
SECTION 3 That the City Secretary is hereby authorized to furnish tree, complete, and
correct cop,es of this ordinance to all interested parties
SECTION 4 That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of ,2001
~ULINEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERB~C~.A.'I TOP, NEY
5
2001
CDBG SERVICE
AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
BOYS AND GIRLS CLUBS OF DENTON COUNTY
FOR FRED MOORE SUMMER PROGRAM
Th~s Agreement is made and entered into by and between the Ctty of Denton, a Texas
municipal corporation, acting by and through its Caty Manager, pursuant to ordinance, hereinafter
referred to as CITY, and Boys & Girls Clubs of Denton County, 101 North Austin, Suite 1, Denton,
TX 76201, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR
WHEREAS, CITY has received certain funds from the U S Department of Housing and
Urban Development under Tatle I of the Housing and Commumty Development Act of 1974, as
amended, and
WHEREAS, CITY has adopted a budget for such funds and ancluded therein an authorized
budget for expenditure of funds for the Boys & Gnls Club of Denton County's Fred Moore summer
program, and
WHEREAS, CITY has designated the Cormnumty Services Office as the d~vlsmn responsable
for the admmastratlon of this Agreement and all matters pertalmng thereto, and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project,
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the
mutual obhgatmns and to the performance and accomphshment of the conditions hereinafter
described
1
TERM
This Agreement shall commence on or as of June 4,2001, and shall terminate on August 24,
2001, unless sooner terminated an accordance with Section 26 "Termanatlon"
2
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsablhty for the performance of all services and
activities described an the Work Statement attached hereto as Exhibit A, and incorporated herem by
reference, an a satisfactory and effiment manner as determined by CITY, an accordance wath the
terms hereto CITY wall consider CONTRACTOR's executive officer to be CONTRACTOR's
representative responsible for the management of all contractual matters pertaining hereto, unless
written notaficataon to the contrary is received from CONTRACTOR, and approved by CITY
.-
Page 16of21
The CITY's Commumty Development Admtmstrator w~ll be CITY's representative
responsible for the admmlstratton of this Agreement
3
CITY'S OBLIGATION
A L~mlt of Liability CITY will retmburse CONTRACTOR for expenses tncurred
pursuant and m accordance with the project budget attached hereto as exhibit B and tncorporated
here~n by reference Notw~thstandtng any other provismn o fthe Agreement, the total o f all payments
and other obhgat~ons made or ~ncurred by CITY hereunder shall not exceed the sum of $7,500 00
(Seven thousand five hundred dollars)
B Measure of Lmb~ht> In consideration of full and satisfactory ser~ roes and act~wt~es
hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget
attached hereto and incorporated herein for all purposes as Exhibit B, subject to the hm~tatmns and
provlsmns set forth ~n th,s Section and Section 7 ofth~s Agreement
(1) The part,es expressly understand and agree that CITY's obhgat~ons under th~s
Sectmn are contmgent upon the actual receipt of adequate Commumty Development Block
Grant ("CDBG") funds to meet CITY's habdxt~es under th~s Agreement If adequate funds
are not avmlable to make payments under th~s Agreement, CITY shall not~fy
CONTRACTOR in wrttmg w~th~n a reasonable t~me after such fact has been determined
CITY may, at ~ts optton, e~ther reduce the amount of~ts habd~ty, as spectfied tn Subsection A
ofth~s Section or terminate the Agreement If CDBG funds ehg~ble for use for purposes of
thts Agreement are reduced, CITY shall not be hable for further payments due to
CONTRACTOR under th~s Agreement
(2) It is expressly understood that th~s Agreement tn no way obhgates the General
Fund or any other montes or credits of the C~ty of Denton
(3) CITY shall not be liable for any cost or port~on thereof whtch
(a) has been paid, reimbursed or Is subJeCt to payment or reimbursement,
from any other source,
(b) was recurred prior to the beginmng date, or after the ending date specified
in Section 1,
(c) ~s not ~n strict accordance w~th the terms ofthts Agreement, tnclud~ng all
exh~btts attached hereto,
(d) has not been bdled to CITY wlthtn 90 calendar days following btlhng to
CONTRACTOR, or term,natron of the Agreement, whichever date ~s earher,
or
.-
Page 2~of 21
(e) is not an allowable cost as defined by Section 11 of this Agreement or the
project budget
(4) CITY shall not be liable for any cost or portion thereof which is incurred with
respect to any activity of CONTRACTOR reqmnng prior written authorization form CITY,
or after CITY has requested that CONTRACTOR furnish data concerning such action prior
to proceeding further, unless and until CITY advises CONTRACTOR to proceed
(5) CITY shall not be obligated or hable under this Agreement to any party other than
CONTRACTOR for payment of any momes or provision of any goods or services
4
COMPLIANCE WITH FEDERAL~ STATE AND LOCAL LAWS
A CONTRACTOR understands that funds provided to it pursuant to this Agreement are
funds, which have been made available to CITY by the Federal Government (U S Department of
Housing and Urban Development) under the Housing and Community Development Act of 1974, as
amended, in accordance with an approved Grant Application and specific assurances Accordingly,
CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and
Community Development Act o f 1974 (P L 93~383) as amended and with regulations promulgated
thereunder, and codified at 24 CFR 570 The foregoing is in no way meant to constitute a complete
compilation of all duties imposed upon CONTRACTOR by law or administrative mhng, or to
narrow the standards that CONTRACTOR must follow
CONTRACTOR further accrues and certifies that if the regulations and issuances
promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY,
as provided in Section 24 of this Agreement
CONTRACTOR agrees to abide by the conditions of and comply with the requirements of
the Office 0fManagement and Budget Circulars Nos A-110 and A-122
B CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas
and ordinances of the City of Denton
5
REPRESENTATIONS
A CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to
any proper; appropriate and official motion, resolution or action passed or taken, to enter into this
Agreement
B The person or persons signing and executing this Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by
CONTRACTOR to execute this Agreement on behalf o f CONTRACTOR and to validly and legally
bind CONTRACTOR to all terms, performances and provisions herein set forth
Page 3~9f 2!
C CITY shall have the right, at tts optton, to etther temporarily suspend or permanently
termmate thru Agreement ~fthere ts a d~spute as to the legal authority of etther CONTRACTOR or
the person stgmng the Agreement to enter tnto thts Agreement CONTRACTOR ts hable to CITY
for any money tt has received from CITY for performance of the provtstons of th~s Agreement
CITY has suspended or termtnated th~s Agreement for the reasons enumerated m thru Section
D CONTRACTOR agrees that the funds and resources provtded CONTRACTOR under the
terms of thts Agreement wdl m no way be substttuted for funds and resources from other soumes,
nor m any way serve to reduce the resources, servtces, or other benefits whtch would have been
avadable to, or provtded through, CONTRACTOR had th~s Agreement not been executed
6
PERFORMANCE BY CONTRACTOR
CONTRACTOR wttl provtde, oversee, admtmster, and carry out all of the act~vtt~es and
servmes set out ~n the WORK STATEMENT, attached hereto and tncorporated heretn for ali
purposes as Exhtbtt A, utdtztng the funds described m Exhtba B, attached hereto and tncorporated
heretn for all purposes and deemed by both partms to be necessary and suffictent payment for full
and sattsfactory performance of the program, as determined solely by CITY and m accordance w~th
ali other terms, promstons and reqmrements ofthts Agreement
No mo&ficattons or alterations may be made tn the Work Statement wtthout the prior written
approval of the Ctty's Cornmumty Development Administrator
7
PAYMENTS TO CONTRACTOR
A Payments to Contractor CITY shall pay to CONTRACTOR a maximum amount of
money totahng $7,500 00 (seven thousand five hundred dollars) for services rendered under th~s
Agreement CITY wtll pay these funds on a retmbursement basts to the CONTRACTOR wtthtn
twenty days after CITY has recetved supporttng documentatton CONTRACTOR's fadure to request
reimbursement on a ttmely basts may jeopardtze present or future fundtng
Funds are to be used for the sole purpose of the Boys & G~rls Club of Denton County Fred
Moore summer program
B Excess Payment CONTRACTOR shall refund to CITY wtth~n ten worktng days of
CITY's request, any sum of money whtch has been pard by CITY and xvhmh CITY at any ttme
thereafter dctermtnes
(1) has resulted ~n overpayment to CONTRACTOR, or
(2) has not been spent strictly tn accordance wtth the terms of thts Agreement, or
(3) ~s not supported by adequate documentation to fully justify the expendtture
Page 4 of 21 9
C Disallowed CostsfReverslon of Assets Upon termlnatmn ofthts Agreement, should any
expense or change for which payment has been made be subsequently d~sallowed or disapproved as a
result of any audttmg or monitoring by CITY, the Department of Housmg and Urban Development,
or any other Federal agency, CONTRACTOR ~vtll refund such amount to CITY within ten working
days of a written notme to CONTRACTOR, v, htch spec,ties the amount dtsallov, ed IfCITY finds
that CONTRACTOR ts unwflhng and/or unable to comply with any of the terms of this Contract,
CITY may require a refund of any and all money expended pursuant to th~s Contract by
CONTRACTOR, as well as any remaining unexpended funds which shall be refunded to CITY
w~thm ten workmg days ora written notme to CONTRACTOR to revert these financial assets The
reversmn of these financial assets shall be m addition to any other remedy evadable to CITY e,ther at
law or m eqmty for breach of th~s Contract
Refunds of disallowed costs may not be made from these or any funds received from or
through CITY
D Obhgatton of Funds In the event that actual expenditure rates deviate from
CONTRACTOR's provision of a correspond,ng level of performance, as specified tn Exhibit A,
CITY hereby reserves the right to reappropnate or recapture any such under expended funds
E Contract Close Out CONTRACTOR shall submit the Agreement close out package to
CITY, together with a final expenditure report, for the t,me period covered by the last mvmee
requesting retmbursement of funds under th~s Agreement, wtthm fifteen working days following the
close of the Agreement period CONTRACTOR shall unhze the form agreed upon by CITY and
CONTRACTOR
8
WARRANTIES
CONTRACTOR represents and warrants that
A All reformat,on, reports and data heretofore or hereafter requested by CITY and furmshed
to CITY, are complete and accurate as of the date shown on the mformation, data, or report, and,
since that date, have not undergone any stgmficant change wtthout written not,ce to CITY
B Any supportmg finanmal statements heretofore requested by CITY and fumished to CITY,
are complete, accurate and fairly reflect the financial condmon of CONTRACTOR on the date
shown on satd report, and the results of the operation for the period covered by the report, and that
since satd date, there has been no material change, adverse or otherwise, tn the financtal condluon of
CONTRACTOR
C No lmgatton or legal proceedings are presently pendtng or threatened agamst
CONTRACTOR
D None of the provts,ons heretn contravenes or ts tn confltct wtth the anthonty under which
CONTRACTOR is doing business or wtth the provtsions of any exlstmg tndenture or agreement of
CONTRACTOR
Page 5 lp(~ 21
E CONTRACTOR has the power to enter tnto th~s Agreement and accept payments
hereunder, and has taken all necessary actton to authorize such acceptance under the terms and
cond~ttons of thts Agreement
F None of the assets of CONTRACTOR ts subject to any hen or encumbrance of any
character, except for current taxes not dehnquent, except as shown m the finanmal statements
furnished by CONTRACTOR to CITY
Each of these representations and warrant~es shall be conttnmng and shall be deemed to have
been repeated by the submtsston of each request for payment
9
COVENANTS
A Dunng the period of ttme that payment may be made hereunder and so long as any
payments remam unhqmdated, CONTRACTOR shall not, wtthout the prior written consent of the
Commumty Development Admmtstrator or her authorized representative
(1) Mortgage, pledge, or other~vtse encumber or suffer to be encumbered, any of the
assets of CONTRACTOR now owned or hereafter acqmred by tt, or perrmt any pre-extst~ng
mortgages, hens, or other encumbrances to rematn on, or attached to, any assets of
CONTRACTOR whmh are allocated to the performance ofthts Agreement and w~th respect
to which CITY has ownership hereunder
(2) Sell, asstgn, pledge, transfer or otherwise dtspose of accounts receivables, notes or
clmms for money due or to become due
(3) Sell, convey, or lease all or substantml part of~ts assets
(4) Make any advance or loan to, or tncur any habthty for any other firm, person,
entity or corporatton as guarantor, surety, or accommodatton endorser
(5) Sell, donate, loan or transfer any eqmpment or ttem of personal property
purchased w~th funds prod to CONTRACTOR by CITY, unless CITY authorizes such
transfer
B CONTRACTOR cannot use funds recetved under th~s Agreement to acqmre or tmprove
real property
C CONTRACTOR agrees, upon written request by CITY, to reqmre tts employees to attend
trmmng sesstons sponsored by the Commumty Servmes Office
Pagel61of 21
10
ALLOWABLE COSTS
A Costs shall be considered allowable only tf tncurred dtrectly and spemfically tn the
performance of and tn comphance wtth th~s Agreement and ~n conformance wtth the standards and
prows~ons of Exhtb~ts A and B
B Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written
approval, even though certain ttems may appear here~n CITY's prior written authonzatmn ~s
reqmred ~n order for the following to be considered allowable costs
(1) Encumbrances or expendttures dunng any one month period '~ h~ch exceeds one-
half (1/2) of the total budget as specffied tn Exhtb~t B
(2) CITY shall not be obhgated to any third part,es, ~nclud~ng any subcontractors of
CONTRACTOR, and CITY funds shall not be used to pay for any contract servtce extending
beyond the exp~ratmn of th~s Agreement
(3) Out of town travel
(4) Any alterations or relocatton of the famhttes on and ~n v,h~ch the act~wt~es
specffied ~n Exhtbtt A are conducted
(5) Any alteratmns, delettons or addtttons to the Personnel Schedule incorporated ~n
Exhtblt B
(6) Costs or fees for temporary employees or services
(7) Any fees or payments for consultant services
(8) Fees for attendmg out of town meetings, seminars or conferences
Written requests for prior approval are CONTRACTOR's respons~bd~ty and shall be made
wtth~n suffiment t~me to permit a thorough rewew by CITY CONTRACTOR must obtmn written
approval by CITY prior to the commencement of procedures to sohctt or pumhase serwces,
eqmpment, or real or personal property Any procurement or purchase, whtch may be approved
under the terms of this Agreement, must be conducted ~n tts entirety ~n accordance w~th the
provisions of thts Agreement
11.
PROGRAM INCOME
A For purposes of th~s Agreement, program tncome means eamtngs of CONTRACTOR
reahzed from act~vtt~es resulttng from th~s Agreement or from CONTRACTOR's management of
fundtng prowded or recetved hereunder Such earmngs ~nclude, but are not hnnted to, ~ncome from
~nterest, usage or rental or lease fees, tncome produced from contract-supported servmes of
Page
lndiwduals or employees or from the use or sale of equipment or facilities of CONTRACTOR
provided as a result of this Agreement, and payments from clients or third parties for services
rendered by CONTRACTOR under this Agreement
B CONTRACTOR shall maintain records o f the receipt and disposition o fprogram income
in the same manner as required for other contract funds, and reported to CITY in the format
prescribed by CITY CITY and CONTRACTOR agree, based upon advice received from
representatives of the U S Department of Housing and Urban Development (HUD), that any fees
collected roi services performed by CONTRACTOR shall be spent only for service provision These
fees or other program income will be deducted from the regular reimbursement request
C CONTRACTOR shall include this Section in its entirety in all of its sub-contracts that
involve other income-producing services or activities
D It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to
~ hether or not income arising directly or indirectly from this Agreement, or the performance thereof,
constitutes program income CONTRACTOR is responsible to CITY for the repayment of any and
ail amounts determined by CITY to be program income, unless other,vise approved in writing by
CITY
12
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of the funds received under this Agreement, in compliance with
the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State
regulations establishing standards for financial management CONTRACTOR's record system shall
contain sufficient documentation to provide in detail full support and justification for each
expenditure Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal
accountability and liability under any other provision of this Agreement or any applicable law
CONTRACTOR shall include the substance of this provision in all subcontracts
B CONTRACTOR agrees to retain all books, records, documents, reports, and written
accounting procedures pertaining to the operation of programs and expenditures of funds under this
Agreement for five years
C Nothing in the above subsections shall be construed to relieve CONTRACTOR of
responslblhty for retaining accurate and current records, which clearly reflect the level and benefit of
services, prowded under this Agreement
D At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR
shall make available to CITY, HUD, or any of their authorized representatives, all of its records and
shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts
and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions or employment and all other data requested by said representatives
Page 81~f21
13
REPORTS AND INFORMATION
At such times and tn such form as CITY may require, CONTRACTOR shall furmsh such
statements, records, data and information as CITY may request and deem pertinent to matters
covered by this Agreement
CONTRACTOR shall submit a year-end beneficiary report to CITY within one month of the
completion of the summer program The beneficiary report shall detail chent information, including
race, income, female head of household and other statistics required by CITY
Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit
conducted by independent examiners within ten days after receipt of such
14
MONITORING AND EVALUATION
A CITY shall perform on-site momtonng of CONTRACTOR's performances under this
Agreement
B CONTRACTOR agrees that CITY may carry out momtonng and evaluation activities to
ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives,
which are attached hereto as Exh~b,t A, as well as other provisions of this Agreement
C CONTRACTOR agrees to cooperate fully with CITY tn the development, tmplementatmn
and maintenance ofrecord-keep,ng systems and to provide data determined by CITY to be necessary
for CITY to effectively fulfill its momtonng and evaluation responslbihttes
D CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY tn
such momtonng and to designate one of its staff to coordinate the momtonng process as requested
by CITY staff
E After each official momtonng visit, CITY shall provide CONTRACTOR with a written
report ofmomtormg findings
F CONTRACTOR shall submit cop,es of any fiscal, management, or aud,t reports by any of
CONTRACTOR's funding or regulatory bodies to CITY within five working days of receipt by
CONTRACTOR
15
DIRECTORS' MEETINGS
Dunng the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY
cop,es of all notices of meetings of its Board of Directors, sett,ng forth the time and place thereof
Such notice shall be dehvered to CITY tn a timely manner to give adequate notice, and shall include
Page 91~f21
an agenda and a brief descnptmn of the matters to be d~scussed CONTRACTOR understands and
agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings
Minutes of all meetings of CONTRACTOR's governing body shall be avmlable to CITY
tx lthln thirty working days of approval
16
INSURANCE
A CONTRACTOR shall observe sound business practices with respect to providing such
bonding and tnsurance as xvould provide adequate coverage for servmes offered under thru
Agreement
B The premtses on and in which the activities described In Exhibit A are conducted, and the
employees conducting these activities, shall be covered by premise liability insurance, commonly
referred to as "Owner/Tenant" coverage wtth CITY named as an addmonal msured Upon request of
CONTRACTOR, CITY may, at tts sole discretion, approve alternate insurance coverage
arrangements
C CONTRACTOR wall comply wtth apphcable workers' compensation statues and will
obtain employers' hablllty coverage where available and other appropriate hablhty coverage for
program partmipants, tf applicable
D CONTRACTOR wtll maintatn adequate and conttnuous habthty insurance on all vetucles
owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who are reqmred
to drive a vehtcle tn the normal scope and course of their employment must possess a valid Texas
driver's license and automobtle hablhty insurance Evidence of the employee's current possesston of
a valid license and msurance must be maintained on a current basis m CONTRACTOR's files
E Actual losses not covered by insurance as reqmred by thts Section are not allowable costs
under this Agreement, and remain the sole responslbdlty of CONTRACTOR
F The pohcy or policies of tnsurance shall contain a clause which requires that Ctty and
Contractor be notified in wntlng of any cancellatton of change tn the policy at least thirty (30) days
prior to such change or cancellation
17
EQUAL OPPORTUNITY
A CONTRACTOR shall submit for CITY's approval, a written plan for comphance wtth the
Equal Employment and Affirmative Actton Federal prov~stons, wtthm 30 days of the effective date
of th~s Agreement
B CONTRACTOR shall comply wtth all apphcable equal employment opportumty and
affirmative actton laws or regulattons
Page l~)5of 21
C CONTRACTOR will fumish all lnfomlation and repons requested by the CITY, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, state and Federal roles and regulations
D In the event of CONTRACTOR's non-compliance with the non-discrimination
requirements, CITY may cancel or terminate the Agreement in whole or m part, and
CONTRACTOR may be barred from further contracts with CITY
18
PERSONNEL POLICIES
Personnel policies shall be established by CONTRACTOR and shall be available for
examination Such personnel policies shall
A Be no more liberal than CITY's personnel policies, procedures, and practices, including
policies with respect to employment, salary and wage rates, working hours and holidays, fnnge
benefits, vacation and sick leave privileges, and travel, and
B Be in writing and shall be approved by the go',emlng body of CONTRACTOR and by
CITY
19
CONFLICT OF INTEREST
A CONTRACTOR covenants that neither it nor any member of its governing body presently
has any interest, direct or Indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement CONTRACTOR further
covenants that in the performance of thls Agreement, no person having such interest shall be
employed or appointed as a member of its governing body
B CONTRACTOR further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use his position for a purpose that is or
g~ves the appearance of being motivated by desire for private gain for himself, or others, particularly
those with which he has family, business, or other ties
C No officer, member, or employee of CITY and no member of its govermng body who
exercises any function or responsibilities in the review or approval of the undertaking or carrying out
of this Agreement shall participate in any decision relating to the Agreement which affects is
personal interest or the interest in any corporation, partnership, or association In which he has direct
or indirect interest
20
NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is currently employed by CONTRACTOR, or ~s a member of
Page 11 of 21
16
CONTRACTOR's govermng board The term "member of ~mmedtate famdy" tncludes w~fe,
husband, son, daughter, mother, father, brother, stster, tn-laws, aunt, uncle, nephew, mece,
stepparent, 5tepchdd, half-brother and half-stster
21
POLITICAL OR SECTARIAN ACTIVITY
A None of the performance rendered hereunder shall ~nvolve, and no portmn of the funds
received by CONTRACTOR hereunder shall be used, etther d~rectly or tndtrectly, for any pohttcal
acttmty 0ncludtng, but not hm~ted to, an acttwty to further the electron or defeat of any candidate for
pubhc office) or any act~vtty undertaken to ~nfluence the passage, defeat or final content of
leg~slatton
B None of the performance rendered hereunder shall tnvolve, and no port~on of the funds
recetved by CONTRACTOR hereunder shall be used for or apphed d~rectly or tndtrectly to the
construction, operation, matntenance or admlnlstratton, or be utthzed so as to benefit tn any manner
any sectarian or rehgtous facthty or acttv~ty
22
PUBLICITY
A Where such actton ts appropriate, CONTRACTOR shall pubhctze the acttvtt~es conducted
by CONTRACTOR under thts Agreement In any news release, s~gn, brochure, or other adverttstng
medmm, dtssem~natlng tnformatton prepared or dtstnbuted by or for CONTRACTOR, the
adverttsmg medmm shall state that the U S Department of Houstng and Urban Development's
Community Development Block Grant Program funding through the C~ty of Denton has made the
proj eot posstble
B All pubhshed material and written reports submttted under th~s project must be originally
developed materml unless otherwtse specffically prowded tn th~s Agreement When material not
ongtnally developed ts tncluded tn a report, the report shall tdenttfy the source ~n the body of the
report or bY footnote Th~s provtston is apphcable when the material ts tn a verbattm or extenstve
paraphrase format
All pubhshed material submttted under thts project shall ~nclude the following reference on
the front cover or tttle page
Th~s document ts prepared tn accordance w~th the Ctty of Denton's Commumty
Development Block Grant Program, wtth fnndtng received from the Umted States
Department of Housing and Urban Development
C~ All reports, documents, studtes, charts, schedules, or other appended documentatmn to any
proposal, content of bas~c proposal, or contracts and any responses, tnqumes, correspondence and
related material subrmtted by CONTRACTOR shall become the property of CITY upon recetpt
Page 12 of 21
17
23
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or
subrmttmg any application for funding in accordance with the following procedures
A When the application Is in the planning stages, CONTRACTOR shall submit to CITY a
description of the funds being applied for, and the proposed use of funds
B Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify
CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted
hereunder Such notice shall be submitted to CITY, in xvntmg, within ten working days of receipt of
the notice of award or funding award by CONTRACTOR, together with copies of the budget,
program description, and Agreement
C CONTRACTOR shall not use funds provided hereunder, whether directly or indirectly, as
a contribution, or to prepare applications to obtain any federal or private funds under any federal or
private program without the prior written consent of CITY
24
CHANGES AND AMENDMENTS
A Any alterations, additions, or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except ~vhen the terms of this Agreement expressly provide
that another method shall be used
B CONTRACTOR may not make transfers between or among approved line ~tems within
budget categories set forth in Exhibit B without prior written approval of CITY CONTRACTOR
shall request, ~n writing, the budget revision in a form prescribed by CITY, and such request for
revision shall not increase the total monetary obligation of CITY under this Agreement In addition,
budget revisions cannot significantly change the nature, intent, or scope of the pro.am funded under
this Agreement
C CONTRACTOR will submit revised budget and program information, whenever the level
of funding for CONTRACTOR or the program(s) described herein is altered according to the total
levels contained in any portion of Exhibit B
D It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur during the term of this Agreement Any such
modifications are to be automatically incorporated into this Agreement without x~ ntten amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulation
E CITY may, from time to time dunng the term of the Agreement, request changes in
Exhibit A, which may include an increase or decreased in the amount of CONTRACTOR's
Page l]8of 21
compensation Such changes shall be incorporated in a written amendment hereto, as provided
Subsection A of this Section
F Any alterations, deletion, or additions to the Contract Budget Detail incorporated In
Exhibit B shall reqmre the prior written approval of CITY
G CONTRACTOR agrees to notify CITY of any proposed change in physical location for
work performed under this Agreement at least 30 calendar days in advance of the change
H CONTRACTOR shall notify CITY of any changes in personnel or govermng board
composition
I tt is expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among said programs wall be permitted
25
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly perform
each of the requirements, time conditions and duties provided herein, CITY, without limiting any
rights it may otherwise have, may, at its discretion, and upon ten working da~ s written notice to
CONTRACTOR, withhold further payments to CONTRACTOR Such notice may be given by mail
to the Executive Officer and the Board of Directors of CONTRACTOR The not,ce shall set forth the
default or failure alleged, and the action required for cure
The period of such suspension shall be of such duratmn as is appropriate to accomphsh
corrective action, but ~n no event shall ~t exceed 30 calendar days At the end of the suspension
period, if CITY determines the default or defimency has been satisfied, CONTRACTOR may be
restored to full compliance status and prod all eligible funds wltkheld or impounded dunng the
suspension period If however, CITY determines that CONTRACTOR has not come into
compliance, the provisions of Section 26 may be effectuated
26
TERMINATION
A CITY may terminate this Agreement for cause under any of the follo~ ~ng reasons or for
other reasons not specifically enumerated in this paragraph
(1) CONTRACTOR's failure to attmn compliance dunng any prescribed period of
suspensmn as provided in Section 25
(2) CONTRACTOR's violation of covenants, agreements or guarantees of th~s
Agreement
(3) Termination or reduction of funding by the Umted States Department of Housing
and Urban Development
Page 14 of 21
19
(4) Finding by CITY that CONTRACTOR
(a) is in such unsatisfactory financial condition as to endanger perfom~ance
under this Agreement,
(b) has allocated inventory to this Agreement substantially exceeding
reasonable requirements,
(c) is dehnquent in payment of taxes, or of costs of performance of this
Agreement in the ordinary course of business
(5) Appointment of a trustee, receiver or liquidator for all or substantial part of
CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of or
liquidation proceedings by or against CONTRACTOR
(6) CONTRACTOR's inability to conform to changes reqmred by Federal, State and
local laws or regulations as provided in Section 4, and Section 24(D), of this Agreement
(7) The commission of an act of bankruptcy
(8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is
bound or shall be bound under the terms of the Agreement
CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the
effective date of termination Simultaneous notice of pending termination maybe made to other
fnndlng soume specified in Exhibit B
B CITY may terminate this Agreement for convenience at any time If CITY terminates this
Agreement for convenience, CONTRACTOR will be paid an amount not to exceed the total of
accrued expenditures as of the effective date of termination In no event will this compensation
exceed an amount which bears the same ratio to the total compensation as the services actually
performed bears to the total services of CONTRACTOR covered by the Agreement, less payments
previously made
C CONTRACTOR may terminate this Agreement in whole or in part by written notice to
CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for
performance hereunder CONTRACTOR may opt, within the limitations of this A~eement, to seek
an alternative funding source, with the approval of CITY, provided the termination by the outside
funding soume was not occasioned by a breach of contract as defined herein or as defined in a
contract between CONTRACTOR and the funding source in question
CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's
organization not occasmned by a breach of this Agreement
Page 15 of 21 20
D Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or other~vlse
terminate at~y outstanding orders or subcontracts that relate to the performance of this Agreement
CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses,
encumbranaes or obligations whatsoever incurred after the termination date listed on the notice to
terminate referred to in this paragraph
E Notwithstanding any exercise by CITY of its right of suspension or termination,
CONTRACTOR shall not be relieved ofhabihty to CITY for damages sustained by CITY by virtue
of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to
CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR
is agreed upon or otherwise determined
27
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other actmn is made or brought by any person(s),
firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice
thereof to CITY within t~vo working days after being notified of such claim, demand, suit or other
action Such notice shall state the date and hour of notification of any such claim, demand, suit or
other action, the names and addresses of the person(s), firm, corporation or other entity making such
clalm, or that instituted or threatened to institute any type of action or proceeding, the basts of such
claim, action or proceeding, and the name of any person(s) against whom such claim is being made
or threatened Such written notice shall be delivered either personally or by mall
28
INDEMNIFICATION
A It is expressly understood and agreed by both parties hereto that CITY is
contracting with CONTRACTOR as an independent contractor and that as such,
CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from
all liability of any nature or kind, including costs and expenses for, or on account of, any
claims, aud!t exceptions, demands, suits or damages of any character whatsoever resulting In
whole or m part from the performance or omission of any employee, agent or representative of
CONTRACTOR
B CONTRACTOR agrees to provide the defense for, and to indemnify and hold
harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of
these contracted funds and program administration and implementation except to the extent
caused by the willful act or omission of CITY, its agents, employees, or contractors
Page 16 of 21 '"
21
29
MISCELLANEOUS
A CONTRACTOR shall not transfer, pledge or other~vlse assign this Agreement or any
Interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other
financial institution without the prior written approval of CITY
B If any provision of th~s Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remmn m full force and effect and continue to conform to the original
intent of both parties hereto
C In no event shall any payment to CONTRACTOR hereunder, or any other act or fadure of
CITY to insist in any one or more instances upon the terms and conditions of this Agreement
constitute or be construed In any way to be a waiver by CITY of any breach of covenant or default
which may then or subsequently be committed by CONTRACTOR Neither shall such payment, act,
or omission in any manner impair or prejudice any right, power, privilege, or remedy avmlable to
CITY to enforce its rights hereunder, which rights, powers, pnmleges, or remedies are always
specifically preser~ ed No representative or agent of CITY may waive the effect ofth~s prowslon
D This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement bet~veen the parl:les hereto, and any prior agreement, assertion, statement, understanding
or other commitment antecedent to this Agreement, whether written or oral, shall have no fome or
effect whatsoever, nor shall an agreement, assertion, statement, understanding, or other commitment
occurnng dunng the term of this Agreement, or subsequent thereto, have any legal force or effect
whatsoever, unless properly executed ~n writing, and if appropriate, recorded as an amendment of
this Agreement
E In the event any disagreement or dispute should arise bet~veen the parties hereto pertaining
to the Interpretation or meaning of any part of this Agreement or its governing roles, codes, laws,
ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of
compliance, will have the final authority to render or to secure an Interpretation
F For purposes of this Agreement, all official communications and notices among the parties
shall be deemed made if sent postage paid to the parties and address set forth below
TO CITY TO CONTRACTOR
City Manager Executive D~rector
City of Denton Boys & Girls Clubs of Denton County
215 E McKlrmey St 101 North Austin, Suite 1
Denton, Texas 76201 Denton, Texas 76201
G Th~s Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any htlgatlon concerning this Agreement shall be ~n a court competent jurisdiction s~ttmg in
Denton County, Texas
Page 17 of 21 :
22
1N WITNESS OF WHICH th~s Agreement has been executed on th~s the day of
,2001
CITY OF DENTON
BY
MICHAEL A CONDUFF, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
fBOYS & GIRLS CLUBS OF DENTON CO
BY~E~
ATTEST~
BOA2~ SECRETARY
Page 18 of 21 "
23
City of Denton - Community Services Division
Qualifying Income Limits for Federally Assisted Programs
FY 2000/2001
Maximum Income Levels
Moderate Income
Low Income Very-Low Income Extremely-Low Income
Famdy 80% AMI - <65% 65% AMI - <50% Abll 50% AMI - <30% AMI -<30% A3,1I
Size AMI
1 $34,050 - $27,651 $27,650 - $21,301 $21,300 - $12,751 $12,750 or Below
2 $38,900 - $31,601 $31,600 - $24,301 $24,300 - $14,601 $14,600 or Below
3 $43,800 - $35,551 $35,550 - $27,351 $27,350 - $16,401 $16,400 or Belo~
4 $48,650 - $39,501 $39,500 - $30,40I $30,400 - $18,251 $18,250 or Below
5 $52,550 - $42,701 $42,700 - $32,851 $32,850 - $19,701 $19,700 or Below
6 $56,400 - $45,851 $45,850 - $35,251 $35,250 - $21,151 $21,150 or Below
7 $60,300 - $49,001 $49,000 - $37,701 $37,700 - $22,651 $22,650 or Below
8 $64,200 - $52,151 $52,150 - $40,151 $40,150 - $24,101 $24,100 or Below
Income Ltmit Source U S Department of Housmg and Urban Development Effective April 2000
Page 19 of 21
24
EXHIBIT "A"
WORK STATEMENT
BOYS & GIRLS CLUBS OF DENTON COUNTY
Provide a summer day program to youth ages 6 to 12 hwng ~n the SE Denton
neighborhood (census tracts 212) from 9 00 a m to 5 00 p m Monday through Friday
dunng the summer or when school ~s not in session The program w, li operate from June
4, 2001 through August 10, 2001
· Programming will include personal and educational development, health and phys,cal
education, cultural enrichment, outdoor and enviromnental development, c~tizensh~p and
leadership development, and social recreation act,v~ttes
· Provide transportation to and from the program site for field trips
· Cooperate w,th the Denton Police Department to provide education to participants on
crime prevention, pedestrian safety, bicycle safety, other personal safety lssties, and on
the role of the police department ~n the community
· Mmntaln less than or equal to a 20 children and youth to one staff ratio However, at
least two staff should be present at all t~mes
· Work with the Denton Family Resource Center and/or Denton County Health Department
to enroll umnsured members of the Boys and G~rls Club on Children's Health Insurance
Program ~fthey are not already insured
· Program director will devote on site programmatic and planning t~me to the Fred Moore
summer program
OUTCOME MEASURES
· Serve at least 30 youth (unduphcated) during the course of the summer session At least
70% of the total number ofparttc,pants wall mmntmn enrollment/part~ctpat,on ~n the
program on a weekly bas~s during the year
· Serve at least 15 youth each day ~n the summer program
Page 20 of 21
25
EXHIBIT "B"
BUDGET
BOYS & GIRLS CLUBS OF DENTON COUNTY
STAFF SALARIES
Salaries of 3 Staff $7,500 00
(includes salaries of 2 fifll~t~me and 1 part-time worker)
TOTAL CDBG BUDGET $ 7,500 00
Page 21 o,~621
Jun 11 O1 10 S8a Bo~s & Glpls Club $40-591-16S3 p 3
2001 Fred Moore Boys & Girls Club Summer Program
_Enrollment 30 youth
Program Expenses
Salarfes & benefits (3) staff 10,200
Insurance ~ $500
Supphes ,$1,300
Awards/Certificates $100
Afternoon Snack $400
Transportabon/Ma~ntenance $500
Telephone $300
Total Expense $13,300
,Program Revenue
$190 X 30 youth program fees (75% projected collection) $4,275
UW/BJA Grants $1,500
Total Revenue $5,775
27
AGENDA INFO~ATION SHEET
AGENDA DATE: July 17, 2001
DEP~TMENT: F~scal ~eratmns
ACM Ka~y D~ose, F~seal ~d Municipal Se~ices
subJeCT
Conmder approval of a resolutmn of ~e C~ of Denton, Text, approwng the 2002 Budget of
· e Denton C~al Apprmsal D~smct ~d deel~g ~ effective date
BACKGROUND
The Texas Prop~y T~ Code reqmres t~mg jmsdmt~ons to approve or d~sapprove ~e~r
Apprms~ D~s~et budget warm 30 days a~er ~ts adoption by the Apprmsal D~smct's Bo~d of
D~rectors The Apprmsal D~smct's Bo~d of Directors will meet on July 26, 2001, to discuss ~d
adopt the budgot ~e Ca~'s conmbut~on towed the Apprmsal D~smct's 2002 Budget is
included m the C~'s 2001-2002 proposed General Fund Budget
~COM~NDATION
Staff reco~ends approval of ~e 2002 D~ton Cen~al Appraisal D~smct's Budget
FISC~ ~NFO~TION
The budget contribution reqmred by ~e C~ty of Denton is $19,790 ~eater th~ l~t ye~, (2001
allocation = $148,764, 2002 ~loeaaon = $168,554) The t~ ~t contributions ~e b~ed on a
percentage of each t~mg rat's c~ent ye~ le~
E~IBITS
"Smm~" of Proposed DC~ Budget
Budget Allocations Worksheet
Notme o~Publlc Hemng
Resolution
Respectfully submitted
Diana G Ortlz
Director of Fiscal Operations
Exhibit A
Summary of Denton Appraisal District 2002 Budget
The proposed budget has been reviewed and is summarized below as a qu~ck reference
2002 proposed budget for DCAD is $237,440 greater than the prior year or 4 97%
Of the total increase, the "Personnel Services" category accounts for the majonty of
the overall increase lncluchng $134,193 for salines and $67,158 for health insurance
A large remainder of increases is the "Services Received" category with specific
increases m "Mineral Appraisals" ($42,271), "Auto Expense" ($74,725) and
"Postage" ($20,290)
The "Utilities and Mmntenance" category also includes an increase of $31,853
specifically for "Telephone"
There are no new poslt~ons requested for next year This year, two full-time appraisers were
added mid-year for a total employee base of 67
2
2002 BUDGET ALLOCATIONS WORKSHEET
% OF DENTON OUT OF 2002
2000 TOTAL COUNTY COUNTY BUDGET
~ ~ L~VIES ~ ~ _~k~,~.~,TION S
SCHOOL DISTRICTS
S01 ARGYLE ISD $6,595,455 29 1 4335% $72,209 49 $72,209 49
S02 AUBREY ISD $2,658,845 49 0 5779% $29,110 03 $29,1 l0 03
S05 DENTON lSD $66,937,290 17 14 5481% $732,854 25 $732,854 25
S07 KRUM lSD $2,704,999 97 0 5879% $29,615 34 $29,615 34
S08 LAKE DALLAS ISD $10,856,949 22 2 3596% $118,865 90 $118,865 90
S09 LEWISVILLE ISD $184,319,277 21 40 0598% $2,017,995 72 $2,017,995 72
Sl0 LITTLE ELM lSD $4,797,260 13 1 0426% $52,522 18 $52,522 18
SI 1 NORTHWEST ISD $40,137,786 66 8 7235% $439,443 36 $68,059 00 $507,502 36
SI2 PILOT POINT ISD $3,527,324 55 0 7666% $38,618 46 $15,037 00 $53,655 46
S13 PONDERISD $2,006,488 19 0 4361% $21,967 78 $21,967 78
S14 SANGERISD $4,197,459 37 0 9123%. $45,955 34 , $45,955 34
71 4479% $3~599~157 85 $83t096 00 $3~682~253 85
SCHOOL DISTRICTS TOTALS $328,739~ 136 25 ~ ~
G01 DENTON COUNTY $51,152,76879 11 1175% $560,03946 $560,03946
CITIES
C26 CITY OF ARGYLE $636,107 70 0 1383% $6,964 34 $6,964 34
C01 CITY OF AUBREY $194,394 41 0 0422% $2,128 30 $2,128 30
C31 TOWN OF BARTONVILLE $171,808 83 0 0373% $1,881 03 $1,881 03
C42 TOWN OF CLARK $20,448 90 0 0044% $223 88 $223 88
C03 CITY OF THE COLONY $7,729,035 27 I 6798% $84,620 34 $84,620 34
C04 TOWN OF CORINTH $4,027,700 68 0 8754% $44,096 76 $44,096 76
C27 TOWN OF COPPER CANYON $120,992 73 0 0263% $1,324 67 $1,324 67
C05 CITY OF DENTON $15,395,355 66 3 3460% $168,554 06 $168,554 06
C30 CITY OF DOUBLE OAK $393,409 87 0 0855% $4,307 20 $4,307 20
C07 CITY OF FLOWER MOUND $15,618,854 49 3 3946% $171,001 00 $171,001 00
C22 TOWN OF HACKBISRRY $15,651 01 0 0034% $171 35 $171 35
C19 TOWN OF HICKORY CKEEK $431,780 40 0 0938% $4,727 29 $4,727 29
C08 CITY OF HIGHLAND VILLAGE $4,854,080 34 1 0550% $53,144 27 $53,144 27
C09 CITY OF JUSTIN $326,392 60 0 0709% $3,573 47 $3,573 47
C18 CITY OF KRUGERVILLE $81,749 50 0 0178% $895 02 $895 02
CI0 CITY OF KRUM $157,560 63 0 0342% $1,725 03 $1,725 03
Cl I CITY OF LAKE DALLAS $1,154,101 37 0 2508% $12,635 53 $12,635 53
C25 CITY OF LAKEWOOD VILLAGE $69,345 12 0 0151% $759 22 $759 22
C12 CITY OF LEWISVILLE $17,975,771 68 3 9068% $196,805 41 187 00 $196,992 41
C13 CITY OF LITFLE ELM $558,028 28 0 1213% $6,109 50 $6,109 50
C23 CITY OF MARSHALL CREEK $11,688 0! 0 0025% $127 96 $127 96
C33 CITY OF NORTHLAKI~ $83,995 26 0 0183% $919 61 $919 61
C24 CITY OF OAK POINT $486,737 63 0 1058% $5,328 98 $5,328 98
C14 CITY OF PILOT POINT $536,765 21 0 1167% $5,876 70 $5,876 70
C15 CITY OF PONDER $57,823 27 0 0126% $633 07 $633 07
C17 CITY OF ROANOKE $854,952 76 0 1858% $9,360 34 $9,360 34
C16 CITY OF SANGER $663,766 78 0 1443% $7,267 16 $7,267 16
C34 TOWN OF SHADY SHOP. ES $273,605 39 0 0595% $2,995 53 $2,995 53
C28 CITY OF TROPHY CLUB $1,979,923 57 0 4303% $21,676 94 $21,676 94
CITIES TOTALS $74)881)827 34 16 2748% $819,833 96 $187 00 $820,020 96
2002 BUDGET ALLOCATIONS WORKSHEET
% OF DENTON OUT OF 2002
2000 TOTAL COUNTY COUNTY BUDGET
~ TAX LEVY LEVIES CHARGES CHARGES ALLOCATIONS
SPECIAL DISTRICTS
W04 CLEARCREEK WATERSHED
AUTHORITY $24,668 16 0 0054% $270 08 $270 08
W07 CORINTH MUD $207,583 25 0 0451% $2,272 70 $2,272 70
F01 DENTON COUNTY FIRE
DISTRICT $I 10,413 43 0 0240% $1,208 85 $1,208 85
L01 DENTON COUNTY LEVY
IMPROVEMENT DIST #1 $229,690 67 0 0499% $2,514 74 $2,514 74
W05 TROPHY CLUB MUD #2 $796,721 35 0 1732% $8,722 80 $8,722 80
RUD DENTON COUNTY ROAD &
UTILITY DISTRICT #1 $1,936,101 85 0 4208% $21,197 16 $21,197 16
W03 TROPHY CLUB MUD #1 $989,031 97 0 2150% $10,828 29 $405 98 $11,234 27
WI0 DENTON CO FRESH
WATER DIST #lB $887,094 39 0 1928% $9,712 24 $9,712 24
WI I DENTON CO FRESH
WATER DIST #1C $44,800 04 0 0097% $490 49 $490 49
WI2 DENTON CO FRESH
WATER DIST#1D $110,261 79 0 0240% $1,207 19 $1,207 19
SPECIAL DISTRICTS TOTALS $5~336~366 89 1 1598% $58~424 54 $405 98 $58,830 52
GRAND TOTALS $460~110,099 27 100 0000% $5~037,455 81 ~$83'688 98 $5~121,144 79
Notice Of Public Hearing On
Denton Central Appraisal District 2002 Budget
The Denton Central Appra,sal D~stnct will hold a pubhc heanng on a proposed budget for
the 2002 fiscal year The public hearing will be held on July 26, 2001 at 4 00 P M at
3911 Morse Street, Denton, Texas
A summary of the appraisal distnct budget follows
The total amount of the proposed budget $ 5, t21,144 79
The total amount of increase over the current year's budget $ 237,439 97
The number of employees compensated under the proposed budget 87
The number of employees compensated under the current budget 67
The appraisal distnct ;s supported solely by payments from the local taxing umts sewed
by the eppra;sal district
If approved by the appraisal d;atrict board of directors at the pubhc heanng, th;s proposed
budget will take effect automat;cally unless d~sepproved by the governing bodies of the
county, school distncts, c~tlee and towns served by the appraisal d~strict
A copy of the proposed budget is available for pubhc ~nspect~on ~n the office of each of
those govermng bodies A copy ;s also available for public inspection at the appraisal
d~stnct office
Denton Central Appra~sel District
3911 Morse
Denton, Texas 76208
(940) 566-0904
RESOLUTION NO
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 2002 BUDGET
OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN
EFFECTIVE DATE
WHEREAS, the 2002 proposed budget of the Demon Central Apprmsal D~stnct was
submitted to the C~ty of Denton on June 22, 2001, and
WHEREAS, the proposed budget comams a list showing each proposed pos~t~on, the
proposed salary for the poslt~un, all benefits proposed for the posmon, each proposed capital
expenditure, and an estimate of the amount of the budget that will be allocated to the City of
Denton, Texas, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION 1 That the City Council, pursuant to Article 6 06 of the Texas Tax Code,
approves the 2002 proposed budget of the Denton Central Appraisal Dmtnct
SECTION 2 That this resolution shall become effective immediately upon ~ts passage
and approval
PASSED AND APPROVED thru the day of ,2001
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
6
AGENDA INFORMATION SHEET
AGENDA DATE: July 17, 2001
DEPARTMENT' Tax
ACM: Kathy DuBose, Fiscal and Mumclpal Servlces~
SUBJECT
Conmder approval of a tax refund to Ruby Tuesday In¢ ~n the amount of $1,378 61 The 2000 property tax
was prod twice
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code reqmras thc approval of the govemmg body of the taxing
unit for refunds m excess of $500 00 The 2000 property tax was prod on December 8, 2000 and December
15, 2000, resulting m an overpayment of $1,378 61
All documentation necessary for refund m attached
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $1,378 61
EXHIBITS
Apphcat~on for Refund
Respectfully submitted
D f'a~t Orbz
D~rector of F~scal Operations
ar r~-,v~. ,"ION FOR TAX iREFUND
Dollecting office name Collecting tax for (taxing units)
=ITY OF DENTON TAX OFFICE A P R ~ ~ ~N~ DITY OF DENTON
~resent mailing address (number and street)
101 E HICKORY SUITE F
City, town or post office, s~ata, ZIP code Phone (area code and number)
DENTON, TX 76205 (940) 349-8318 FAX (040) 349-721t
To apply for a tax refund, ihs taxpayer must complete the following
uwne~-a ~ame
Step 1 RUBY TUESDAY INC
Present Madmg Address (number and street)
Owner's name 150 W CHURCH AVE
City, town or post office, state, ZIP code Phone (area code and number)
and address MARYVILLE TN 37801-4936
Step 2 Legal, description (or attach copy of the tax bill or tax receipt)
3escnbe PERSONAL PROPERTY - MEXICAN RESTAURANT TIA'S
:he property Address or location of property
2416 ~ MILLER PWKY
Account number of property Tax receipt number
907619 OR 0003150032
Name of Taxing Year Date Amount Amount
Umt From Which For Which Refund Of The Of Of Tax Refund
Refund ~s Required Is Requested Tax Payment Taxes Prod Requestad
Step 3 City of Denton 2000 12/8/00 $ 1,378 61
Give the tax 2 City pf Denton 2000 12/15/00 $ 1,378 61 $ 1,378 61
)ayment 3
informahon ¢
5
Taxpayer's reason for refund ( attach supporting documentahon) * 2000 TAX WAS PAID TWICE
FIRST,PAYMENT WAS CHECK #969441 - SECOND CHECK WAS #971
I
· 1 hereby apply for the refund of the above-described taxes and certify that the information I have g~ven on th~s
Step 4 formlis true and correct to the best of m}' knowled~]e and behef *
~lgnature uate or application for tax reruno
Sign the form
Any person who makes a false entry upon the foregoing record shall be subJeCt to one of the following penaltms
1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both
such fine and Impnsonment, 2 Confinement ~n jad for a term up to 1 year or a fine to exceed $2,000 or both such
fine ~nd ~mpnsonmant as set forth ~n SeCtion 37 10, Penal Code
2
AGENDA INFORMATION SHEET
AGENDA DATE: July 17, 2001
DEPARTMENT. Tax
ACM Kathy DuBose, Fiscal and Municipal Services~/
SUBJECT
Consider approval of a tax refund to Andrew Velayos Etal In the amount of $1,386 75 The 2000 property
tax was pond twice
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code requires the approval of the govemmg body of the taxing
unit for refunds in excess of $500 00 Two payments for account R133610 were received on December 22,
2000, and December 29, 2000, resulting ~n an overpayment of $1,386 75
All documentation necessary for refund is attached
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $1,386 75
EXHIBITS
Apphcatlon for Refund
Respectfully submitted
Diana Ort~z
D~rector of F~scal Operations
PL~Y 0 3 2001
ColleCting office name , Oollecting tax for (~xmg units)
CI~ OF DENTON T~ qFFICE ~ITY OF DENTON
=resent mailing address (mumber and street)
~01 E HICKORY SUITE ~
~1~, town or post offi~, state, ZIP ~de Phone (area code and number)
DENTON, ~ 76205 940) 349-83t8 FAX (940) 349-72tt
To a~ply for a tax refund, the ~e~yer must ~mplete the following
Step 1 ANDREW VE~YOS ETAL
Present Mailing Address (number and street)
~ne(s name ~04 SAN SEBASTIAN PL
City, town or post offi~, state, ZIP ~de Phone (area code and number)
8nd address 9ENTO~, TX 7820~51g ~- ~ ~
Step 2 Legal~des=iption (or a~ach copy of the tax bdl or tax receipt)
Describe FREEWAY PARK 2, BLOCK A, LOT 2E-2, ACRES 0 333
the pmpe~ Address or Io~tion of pmpe~
4308 M~SA DR
A~oant number of pmpe~y
R133610
N~me of Taxing Year
Date
Amount
Amount
U~it From ~l~h For ~lch Refund Of The Of Of Tax Refund
Refund is Required Is Requested Tax Payment Taxes Prod Requested
Step 3 1 CI~ ~f DenOn 2000 12/29/2000 $ 1,386 77
Give the ~x ~ CI~ of ~n~n 2000 12~2000 $ 1,386 75 $ I 386 75
~ayment
information
5
Taxpayers mason ~r refund ( a~ach supposing documentation)
'2000 ~ WA8 PAID ~ICE
*1 hereby apply for ti ~ refund of the above-descnbed taxes and ced~ that the mformabon I have g~ven on th~s
Step 4 form 8 tree and ~rl ~ to the best of m~ knowledge and behef *
I ~lgnat~ ~ ~ ~ uate of appl~ca~on Tot t~x retune
~~~ubJ~ ~ one of the following penalbes
1 Impflsonment of not mom that the 10 yearn nor less than 2 yearn and/or a fine of not more than $5,000 or both
su~ fine and ~mpnsonment, 2 Confinement in jad for a term up to 1 year or a fine to exceed $2,000 or both such
fine ind im~son~nt~s set fo.h in S~lon 37,10, Penal Code
2
AGENDA INFORMATION SHEET ~a~ ___~/~/~
AGENDA DATE: July 17, 2001 Quesnons concerning th~s
acqmsmon may be d~rected
DEPARTMENT: Materials Management to Sharon Mays 349-8487
ACM: Kathy DuBose, F~scal and Municipal Servmes ~-~
SUBJECT:
An Ordinance providing for the expenchture of funds for the emergency purchase of repairs to
#$-1 boiler feed pump motor m accordance w~th prowslons of State law exempting such
purchases from reqmremants of competmve b~ddmg, and provlchng an effective date (Purchase
Order 15758 to Shermco Industries, Inc m the amount of $31,798)
PURCHASE ORDER INFORMATION:
Purchase Order 15758 is for the emergency repmrs to the turbine #5 - 1 boiler feed pump motor
at the Electric Production Plant (See attached memo from Phd Rennaker, Manager, Electric
Production D~v~slon) Chapter 252 of the Texas Local Government Code exempts emergency
pumhases from the competitive b~d process
RECOMMENDATION:
We recommend Purchase Order 15758 to Shermco Industries, Inc be approved in the amount of
$31,798
PRINCIPAL PLACE OF BUSINESS:
Shermco Industries, Inc
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT:
The motor was taken out of serwce on June 22, 2001 and scheduled for remstallat~on on July 2,
2001
FISCAL ]INFORMATION:
The emergency repmr to th~s 1250 hp motor will be funded from account (610-101-1011-5120-
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Purchase Order 15758 to Shermco Industries, Inc
Attachment 2 Quotation dated June 21, 2001
Attachment 3 Emergency justification letter
1~84 Agenda
1
v_ ~-~2-2001 15 33 SHERMCO INDUSTRIES INC 214 350 5G43 P 02×03
'~I ATTACH~fENT 2
Apparatus Se~lce C ~nter D~ws~on
~ -~ ~d~,s~ries, inc. .o .=~,
F~ (g72) 7g~ 2
Quote No.: 52385.01
, ~ (Please refer to Si Job/Quote on all cormspondence )
~ Fdday, June 22, 2001
'~,, .... ? chard~on
- ~-~:-c~ Boiler Feed Pump M~or
~nank you ~r the oppo~uni~ ~ submit ~e fallowing quotation for your mvlew and ~nside at,on
~'~',~ - 1 AIIIs Chalmem, t250 HP, 3560 RPM, 3023SS6 Frame, 3 Phase, 60 He~, 4)00 Volts,
153 Am;e, M~el ~31, SePal ~1~110~2595-1-1
Re.bar & ~-stack Rotor: $ t3,0~.00 (OT) ~
Mechlne Both Bearing Housings: $ %050.00 (ST)~
- ,~5~;~ DE Bea~ng (ID over sized): $ 1,012.00 (ST)~
Rewind 8~tor (Form Coils): $ 21,175 00 (O~
~t~ ~ $ 15,672.00 (ST) /
BIo~k, Tie, Add ~rger Surge Rope &
Dip/Bake E~istlng ~nding: $ U00.00 (OT) ~
$ S,eS0.00 (S~/~
.: ~ ;ustomer's site
~--'-,--,, sha~ run out
aasio overhaul AC motor (ODP)
c~"orm full electrical testa
3'~m clean & bake all pa~t~
all fa, ts
-, strip & record data
=,,~v, nd stator (form)
~tator
q,;p~m¢ua Service~ Maintenance, Repair, and Replacement
3
ATTACHMENT 3
DENTON MUNICIPAL ELECTRIC,
ELECTRIC PRODUCTION DIVISION
1701 A SPENCER ROAD DENTON, T~XAS 76205 (940) 349 - 7551 FAX (940) 349 - 7555
June 22, 2001
Tom Shaw,
A unusual swang m the indicated amperage of the #5-1 boiler feed pump (BFP) gave cause for
closer inspection of the pump Upon heanng a loud and unusual noise emanating from the
motor, the pump was shutdown An nutml m-place mspectton revealed a cracked rotor bar The
motor was pulled and slapped to Shermco for chsassembty and internal inspection Tlas
inspection revealed further insulation damage to the rotor from the broken bar and ewdenee of
other imminent fmlures The stator was also cleaned, tested, and respected The stator windings
are loose on each end and the insulation is brealang down warranUng rewind The #5 umt ~s
currently de-rated from 66 to 40 mw as a result of the loss of the BFP Emergency repmrs wtll
take 7-9 days
These repmrs must be made mediately to restore the umts full operattng capabfl~tms With the
lmpenchng sale of the plant we also have a contractual obligation to transfer the plant an full
operating conchtion Tlas matter is considered an emergency repmr I appreciate your assistance
m tlas matter
Thank you,
~n D1VlSlOC
cc Sharon Mays
ORDINANCE NO
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF REPAIRS TO #5-1 BOII.I=.R FEED PUMP MOTOR IN
ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN
EFFECTIVE DATE (PURCHASE ORDER 15758 TO SHERMCO INDUSTRIES, INC IN
THE AMOUNT OF $31,798)
WHEREAS, state law and ordinance require that certmn contracts requmng an
expenchture or payment by the City in an amount exceechng $15,000 be by compeUUve bids,
except m the case of public calarmty where it becomes necessary to act at once to appropriate
money to reheve the necessity of the clUzens of the city, or in case of unforeseen damage to
public prol~erty, machinery or eqmpment, and,
WI-IEREAS, the C~ty Manager has recommended to the City Council that it is necessary
to purchase goods or servmes due to the emergency conditions outhned in the file of the ofhce of
the City's Purchasing Agent, which is ~ncoq~orated herein by reference and is in compliance with
the reqmrcments of Subsection Chapter 252 022 (2) of the Texas Local Government Code,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Council hereby deterrmnes that this procurement Is
necessary to preserve and protect the pubhc health and safety of the C~ty's residents, and the
following emergency purchases of materials, eqmpment, supphes or services, as described m the
"Purchase Orders" referenced herein and on fde the office of the Purchasing Agent, are hereby
approved
PURCHASE
ORDER VENDOR AMOUNT
15758 Shermco Industries, Inc $31,798
SECTION 2 That because of such emergency, the City Manager or designated
employee ~s hereby anthonzed to purchase the matenals, equipment, supphes or services as
described m the attached Purchase Orders and to make payment therefore m the amounts therein
stated, such emergency purchases being m accordance with the prowslons of state law exempting
such purchases by the City from the requirements of competitive bids
SECTION 3 Th~s orchnance shall become effective lmmerhately upon its passage and
approval
5
PASSED AND APPROVED flus the day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
15758 EMERGENCY PURCHASE ORDER ORDIANCE-7 01
AGENDA INFORMATION SHEET
AGENDA DATE: J'uly 17, 2001 Questaons conccrmng thas
acqmsataon may be chrected
DEPARTMENT: Materials Management to Ray Wells 349-8101
ACM: Kathy DuBose, Fiscal and Mumcapal Servaces )~
SUBJECT:
An Orchnance acceptang competatave b~ds by way of an Interlocal Agreement w~th the Texas
Mumcapal Power Agency (TMPA) and awarding a contract for the purchase of ERCOT Polled
Settlement Meters (EPS) from TMPA, provachng for the expenchture of funds therefore, and
provadmg an effective date (Purchase Order 14506 - TMPA an the amount of $77,680 23)
FILE INFORMATION:
Electric Rehabflaty Council of Texas (ERCOT) protocols require Transmlssaon, DastnbuUon
Servace Prowders (TDSP), such as Denton Mumcapal Electric, to anstall ERCOT Polled
Settlement Meters (EPS) The EPS meters must be installed by the TDSP at any point where
power as dehvered or reeeaved from the transnussaon grid and at all generataon resources It as
DME's responsabflaty to install adequate metenng at ats substations, anterchanges, and the
Spencer Generatang plant
ERCOT ~dent~fied three acceptable manufacturers of meters for EPS Texas Mumcapal Power
Agency (TMPA) b~d and purchased TransData meters for all member c~taes ~n order to meet the
May 1, 2001 umeframe reqmred for mstallataon and testang of the meters, and to maintain
comparability with other member cataes Denton Mumc~pal Electnc must pay ~ts porUon to TMPA
for reambursement for the purchase of the ERCOT EPS meters Purchase Order 14506 m the
amount of $77,680 23 covers the reimbursement to TMPA
SecUon 3 of Schedule B of the Interlocal Agreement for Power Sales Contract between TMPA
and member eataes dated September i, 1976 allows "Specaal Servaees may be provided to a
member from tame to tame at the request of a Caty Reimbursement for these servaces wall be
made at cost by the Caty rece~wng the services"
TMPA as ¢onsadered a pohtacal subchws~on of the State of Texas and must comply w~th Chapter
252 of the Texas Local Government Code for competatave baddmg
RECOMMENDATION:
We recommend Purchase Order 14:506 to TMPA, be approved an the amount of $77,680 23
Agenda Information Sheet
July 17, 2001
Page 2
PRINCIPAL PLACE OF BUSINESS:
TMPA
Bryan, TX
ESTIMATED SCHEDULE OF PROJECT:
TMPA b~d these EPS meters in January 2001 and received shipment on February 5, 2001
Purchase Order 14506 ~s to reimburse TMPA for our pomon of the meter acqulsmon
FISCAL INFORMATION:
The acqms~taon of the EPS TransData Meters will be funded from Revenue Bond account (656-
080-RB01.3140-9224-C106938B and 655-080-RB00-3530-9224-C106909B)
Respectfully subnutted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Purchase Order 14506 to TMPA
Attachment 2 Invoice 7883 - TMPA
1581 Agenda
2
ATTACNMENT 2
TEXAs MUNICZPAL POWER AGENCY
ZNVOZCE
SHARON /RAYS T~AS MU~PAL POW~ ASEN~
~ ~ZRE~OR A~N ~SURY D~
~OI-A T~AS ST P O ~X 7000
'URCHASE MADE THROUSH T M P A
$OTRAN$DATA METERS ~77.680.~3
TOTAL AMOUNT DUE~ $77,680
PAYMENT VZA WZRE TRANSFER PLEASE CONTACT LARRy ~AVES, TREASURER, AT
8"/3-1158 AT LEAST ONE BANKINg bAY :IN ,~bVAN~E OF TRANSFS~
W'ZRE ZNSTRUCTZONS THE CHASE MANHATTANEANK
ABA~ 113000609
AgCT~ 0010000~07
6, \F~N\&ZNA ~:NVOZCES\[M~¢Inv XLW]
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL POWER AGENCY
(TMPA) AND AWARDING A CONTRACT FOR THE PURCHASE OF ERCOT
POI JJ~.D SETTLEMENT METERS (EPS) FROM TMPA, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE (PURCHASE ORDER 14506 - TMPA IN THE AMOUNT OF $77,680 23)
WHEREAS, pursant to the terms of Power Sales contract dated September l,
1976, the Texas Mumclpal Power Agency has sohc~ted, received and tabulated
competitive bids for the purchase of necessary materials, equipment, supphes, or services
~n accordance w~th the procedures of state law on behalf of the C~ty of Denton, and
WHEREAS, the C~ty Manager or a designated employee has rewewed and
recommended that the hereto described materials, eqmpment, supphes, or services can be
purchased by the C~ty through the TMPA programs at less cost than the C~ty would
expend ~f b, ddmg these items mthwdually, and
WHEREAS, the City Councll has prowded ~n the C~ty Budget for the
appropnaUon of funds to be used for the purchase of the materials, eqmpment, supphes,
or services approved and accepted here~n, NOW, THEREFORE,
THE COLrNC]L OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the numbered ~tems m the following numbered contract file
for materials, eqmpment, supphes, or services, shown m the "Contract Fde" hsted
hereon, and on hie m ofhce of the Purchasing Agent, are hereby approved
Purchase
Order Items Vendor Amount
14506 1 & 2 Texas Mumc~pal Power Agency (TMPA) $77,680 23
SECTION 2 That by the acceptance and approval of the above numbered items
set forth m the referenced contract, the C~ty accepts the offer of the persons subrmttmg
the b~ds to the TMPA for such items and agrees to purchase the materials, equ, pment,
supphes or services m accordance wtth the terms, concht~ons, speclficauons, standards,
quantlUes and for the specified sums conta,ned m the b~d documents and related
documents hied w~th the TMPA, and the purchase orders ~ssued by the C~ty
SECTION 3 That should the City and persons subrmttmg approved and
accepted ~tems set forth m the referenced contract w~sh to enter into a formal written
agreement as a result of the C~ty's ratlhcatmn of b~ds awarded by the TMPA, the C~ty
Manager or his designated representatnve ~s hereby authorized to execute the written
contract which shall be attached hereto, provided that the written contract ~s m
accordance w~th the terms, conditions, specifications and standards contmned m the
Proposal subrmtted to the TMPA, quanuues and spec~hed sums contained m the C~ty's
purchase orders, and related documents hereto approved and accepted
5
SECTION 4 That by the acceptance and approval of the above numbered items
set forth m the referenced purchase orders, the C~ty Council hereby authonzes the
expenditure of funds therefor m the amount and in accordance with the approval purchase
orders or pursuant to a written contract made pursuant thereto as authorized hereln
SECTION 5 That th~s ordinance shall become effective immediately upon its
passage and approval
PASSED AND APPROVED this day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
PO 14506 - Texas Mumclpal Power Agency (TMPA) Inteflocal ORDINANCE (5 01)
6
AGENDA INFORMATION SHEET
AGENDA DATE: July 17, 2001 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Doug Powell 349-7233
ACM Kathy DuBose, Fiscal and Municipal Services ~
SUBJECT:
An Ordinance accepting competitive bids by way of an Interlocal Agreement with Denton
County and awarding a contract for the purchase of Office Furniture, providing for the
expenditure of funds therefore, and providing an effec~ve date (File 2653 - Interlocal
Agreement for Furniture with Denton County, contract awarded to McKlnney Office Supply,
Purchase Order 15648 m the amount of $90,694 12)
INTERLOCAL AGREEMENT INFORMATION:
An Interlocal Agreement for cooperative purchasing of materials and supplies between the City
of Denton and Denton County was approved by Council on October 20, 1998-(Ordinance 98-
344) Among those contracts avmlable to the City of Denton from Denton County is Bid 06-00-
1377-Office Furniture Tlus bid was awarded by Denton County to McKmney Office Supply at
an agreed price of 56% off of manufacturer's (HON) latest published price list Due to the wide
variety of furniture required to fit the configuration at City Hall West and the desire to mtantaln
some level of consistency in color and style, a percentage from hst price works much better than
a bid for lndavldual items This cooperative agreement allows for a volume chscount that is
advantageous to both the citazens of the City and County The furniture included in this
acqmsltlon is for the Planning Division's relocataon in City Hall West
RECOMMENDATION:
We recommend purchase order 15648 to McFdnney Office Supply be appro'¢ed m the amount of
$90,694 12
PRINCIPAL PLACE OF BUSINESS:
McK~nney Office Supply
Mcganney, TX
ESTIMA~TED SCHEDULE OF PROJECT:
Delivery of the listed furniture is approximately 5 weeks after receipt of an order or the first
week m August 2001
1
Agenda Information Sheet
July 17, 2001
Page 2
FISCAL INFORMATION:
Funchng from Bmldang Operation Improvements fund (477-032-BLDG-0018-9101 )
Respectfully subrmtted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Purchase Order #15648 to MclCdnney Office Supply Inc
Attachment 2 Proposal from Mcganney Office Supply hst~ng
Denton County Contract (06-00-1377) Prices
1582 Agenda
2
ATTACHHENT 2
McKinney
OFFICE SUPPLY. INC.
Date 6/06/2001
PROPOSAL for City of Denton
City Hall West
We are pleased to submit the following proposal
ProJect Recap - 10700 Series Option
1 ea "Floor C/D" Office furniture, per attached drawing 35,953 72 35,953 72
and Bill of Matenals
1 ea "Floor E" Office furmture, per attached drawing 24,925 12 24,925 12
and Bill of Matenals
1 ea "Floor F" Office furniture, per attached drawing 25,034 24 25,034 24
and Bdl of Matenals
1 ea "Storage" Add;t~onal storage ~tems for all floors, per 4,781 04 4,781 04
attached B~il of Matenals
Project Total $ 90,694 12
Surface Matenals
To be determined
Please note the following
- Terms Net 15 days Lead time - 4 % weeks
- Pnclng includes freight, delivery and Installation, Mon - Fn, 8 00 - 5 00
- Pflcmg docs not include relocation of existing furniture, electronic equipment or personal ~tems
- Pricing does not Include sales tax, If applicable
- Custom or special order ~tems cannot be cancelled or returned, Deposits are non-refundable
- Pricing does not include hard-wiring to building power or data cabling relating to modular furmture installation
- Th~s proposal is vahd for 30 days, unless noted othe~vise
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL
AGREEMENT WITH DENTON COUNTY AND AWARDING A CONTRACT FOR THE
PURCHASE OF OFFICE FURNITURE, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FII.~ 2653 - INTERLOCAL
AGREEMENT FOR FLrRNITURE WITH DENTON COUNTY, CONTRACT AWARDED TO
MCKINNEY OFFICE SUPPLY, PURCHASE ORDER 15648 IN THE AMOUNT OF
$90,694 12)
WHEREAS, pursuant to Orchnance 98-344, the County of Denton has sohc~ted, received,
and tabulated competitive bids for the purchase of necessary materials, eqmpment, supphes, or
services ~n accordance w~th the procedures of state law on behalf of the City of Denton, and
WHEREAS, the C, ty Manager or a designated employee has reviewed and recommended
that the hereto described materials, eqtupment, supplies, or services can be purchased by the C~ty
through the Interlocal Agreement with Denton County at less cost than the C~ty would expend ~f
bidding these ~tems ~nchvldually, and
WHEREAS, the C,ty Counc,1 has provided in the C,ty Budget for the appropnauon of
funds to be used for the purchase of the materials, equ, pment, supplies, or services approved and
accepted hereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the numbered ~tems m the following numbered purchase order for
materials, eqmpmcnt, supphes, or servxces, shown m the "Purchase Orders" referenced herein
and on file m office of the Purchasing Agent, are hereby accepted and approved as being the
lowest responsible b~ds for such ~tems
PURCHASE
ORDER VENDOR AMOUNT
15648 McK~nney Office Supply $90,694 12
SECTION 2 That by the acceptance and approval of the above numbered ~tems set
forth m the referenced purchase orders, the C~ty accepts the offer of the persons submatt, ng the
bids to the Denton County for such ~tems and agrees to purchase the materials, eqmpment,
supphes, or services ~n accordance with the terms, conchUons, speclhcaUons, standards,
quantmes and for the specafied sums contmned m the bid documents and related documents filed
w~th the Denton County, and the purchase orders ~ssued by the C~ty
SECTION 3 That should the C~ty and persons submamng approved and accepted items
set forth m the referenced purchase orders wish to enter ~nto a formal written agreement as a
result of the C~ty's ratification of b~ds awarded by Denton County, the City Manager or h~s
designated representaUve is hereby anthonzed to execute the written contract referenced herein,
prowded that the written contract ~s m accordance w~th the terms, condmons, spec~ficattons and
standards contmned m the Proposal subrmtted to the Denton County, quantities and specified
sums contmned m the City's purchase orders, and related documents hereto approved and
accepted
5
SECTION 4 That by the acceptance and approval of the above numbered items set
forth in the referenced purchase orders, the City Council hereby authorizes the expenahture of
funds therefor in the amount and m accordance with the approval purchase orders or pursuant to
a written contract made pursuant thereto as authorized herein
SECTION 5 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
15648 - McKmney Office Furmture INTERLOCAL COOPERATIVE PURCHASING ORDINANCE (7 01)
6
AGENDA INFORMATION SHEET
AGENDA DATE: July 17, 2001 Questions concerning this
acquisition may be chrected
DEPARTMENT: Materials Management to Cary Tower 349-8424
ACM: Kathy DuBose, Fiscal and Municipal Servlces-,ff~
SUBJECT:
An Ordinance accepting competitive bids and awarchng a contract for the purchase of two 17,500
lb Gross Vehicle Weight cab chassis and one I/2 ton pickup, provichng for the expendature of
funds therefore, and prowchng an effective date (Bid 2676 - Fleet Vehicles awarded to the
lowest b~dder Vdlage Ford in the total amount of $82,594)
BID INFORMATION:
This bid ~s for the purchase of a 60" cab to axle, 17,500 lb GVW truck cab chassis as a fleet
addition to serve as the tow vehicle for the Manhole Epoxy Lining System and Trmler (Bid
2682), one 84" cab to axle, 17,500 lb GVW truck cab chassis and one IA ton p~ckup to replace
vehmles damaged beyond econormcal repmr Due to the build out of 2001 year models (no
longer being assembled by Ford Motor Co), the umts b~d are 2002 models Ford Motor Company
~s the only manufacturer of Low Enusslon Vehicles (LEV) certified by the TNRCC for non-
attmnment areas Village Ford is the only responchng dealer
RECOMMENDATION:
We recommend th~s bid be awarded to the lowest responsible b~dder as hsted
Item Descnption Supplier .Price
1 60" CA Cab Chassis Vdlage Ford $31,380
2 84" CA Cab Chassis Village Ford $31,546
3 ~A Ton P~ckup Village Ford $19,668
Total Award $82,594
PRINCIPAL PLACE OF BUSINESS:
Village Ford
Lewlswlle, TX
Agenda Information Sheet
July 17, 2001
Page 2
ESTIMATED SCHEDULE OF PROJECT:
Dehvery of these units is quoted to be between 90 and 210 days Ford has not released firm
schedules for 2002 LEV productaon at this tame (Some LEV units ordered last December are just
now amvlllg)
FISCAL INFORMATION:
Funding from Motor Pool Replacement fund (740-004-0028-8592)
Respectfully subrmtted
Tom Shaw, C P M, 349-7100
Pumhaslng Agent
Attachment 1 Tabulation Sheet
1586 Agenda
2
ATTACHMENT 1
TABULATION SHEET
BID' 2676 Date 5/24/01
FLEET VEHICLES - PHASE 2
N°l Q!Y I DESCRIPTION,, , ~ ; VENDOR VENDOR
, ~;,I, ~ VILLAGE FORD
Principle Place of Business Lew~swlle
1 Cab/Chassis, 2 Ton, Diesel, 60" $29,750 00
1 Cab to Axle
1 Extended Warranty $1,630 00
Make / Model F550
1 Cab/Chassis, 2 Ton, Diesel, 84" $29,916 00
2 Cab to Axle
1 Extended Warranty $1,630 00
Make ! Model F550
1 Pickup 1/2 Ton, Extended Cab, 4 $19,018 00
3 WD
1 Extended Warranty $650 00
Make / Model RANGER
Delivery 90-210 DAYS
3
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF TWO 17,500 LB GROSS VEHICLE WEIGHT CAB CHASSIS AND ONE ½
TON PICKUP, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2676 - FLEET VEHICLES AWARDED TO THE
LOWEST BIDDER VII.I.AGE FORD IN THE TOTAL AMOUNT OF $82,594)
WHEREAS, the City has sohclted, received and tabulated compeUuve b~ds for the purchase
of necessary materials, equipment, supphos or services ~n accordance with the procedures of STATE
law and City ordinances, and
WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that
the herein described b~ds are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "B~d Proposals" submitted therefore, and
WHEREAS, the C~ty Council has prowded in the C~ty Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted
hereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the numbered items m the followmg numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file m the ofhce of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such
Items
BID ITEM
NUMBER NO VENDOR AMOUNT
2676 All Village Ford $ 82,594
SECTION 2 That by the acceptance and approval of the above numbered ~tems of the
submitted bids, the C~ty accepts the offer of the persons submitting the bids for such ~tems and agrees
to purchase the materials, eqmpment, supphas or services ~n accordance w~th the terms,
specifications, standards, quantlUes and for the spec~hed sums contained in the B~d Inv~tauons, B~d
Proposals, and related documents
SECTION 3 That should the City and persons subrmtung approved and accepted ~tems and
of the subrmtted b~ds w~sh to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the b~ds, the C~ty Manager or his designated representaUve ~s hereby
authorized to execute the written contract which shall be attached hereto, provided that the written
contract ~s in accordance with the terms, ¢ond~tmns, speclflcataons, standards, quantities and
specd~ed sums contained ~n the B~d Proposal and related documents hereto approved and accepted
4
SECTION 4 That by the acceptance and approval of the above numbered items of the
subnutted bids, the City Council hereby authonzes the expenchture of funds therefor ~n the amount
and m accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authonzed, herein
SECTION 5 That this orchnance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED th~s day of ,2001
EULINEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
2676 SUPPLY ORDINANCE- 7-2001
AGENDA INFORMATION SHEET
AGENDA DATE: July 17, 2001 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Ed Hodney 349-8271
ACM: Kathy DuBose, Fiscal and Municipal Services ~
SUBJECT:
An Ordinance accepting competitive bids and awarding a contract for the purchase of pnntlng,
typesetting, distribution and advemsement sales for the Parks and Recreation Department's
PLAY Seasonal Brochure, providing for the expenditure of funds therefore, and prov:dlng an
effective date (Bid 2681 - Parks & Recreation Seasonal Brochure awarded to the lowest bidder
for each section in the gross amount of $36,662 less $12,000 (Estimate Ad Revenue) for a net
estimated cost of $24,662)
This bid is for the pnnting, typesetting, chstnbution and advertisement sales for the Parks and
Recreation PLAY Brochure The brochure is a complete hstlng of Parks and Recreation
programs extended to the citizens The brochure is pnnted and chsmbuted three times per year
with advertisement sales offsetting some of the cost The base bid is for pnntlng of 100,050
copies per year There are 36 pages per issue in adchtmn to 5-8 pages of advertising in each
brochure
RECOMMENDATION:
We recommend this bid be awarded to the lowest responsible bidder as listed below
Item Descnotion Supplier Price
1 Pnnting Prestige Business Solutions $23,657
2 Typesetting FJ Business Forms $ 2,205
3 Distribution Denton Pubhshlng Co $10,800
*4 Advemsement Sales The Crouch Group 25%(Approx $12,000)
There was a tie bid for Item 4 Advertisement Sales between The Crouch Group and FJ Business
Forms at 25% Both companies have satisfactorily performed these services in the past As
prescribed by State law, the tie bid was deterrmned by the "casting of lots" On Monday July 2,
2001, Jane Richardson, Deputy City Secretary, drew a name to deterrmne the recommended
service provider The Crouch Group was selected
Agenda Informataon Sheet
July 17, 2001
Page 2
PRINCIPAL PLACE OF BUSINESS:
Prestige Bus~ness Solutions FJ Business Forms
Grapewne, TX Denton, TX
Denton Pubhshmg Co The Crouch Group
Denton, TX Denton, TX
ESTIMATED SCHEDULE OF PRO,~ECT:
W~nter Spnng Brochures January 2, 2002
Summer Brochures April 25, 2002
Fall Brochures August 7, 2002
FISCAL INFORMATION:
Brochures costs wxll be funded from accounts (100-037-0062-R002-8534, 261-031-0062-R002-
8534, ~.00-037-0062-R002-8502, 100-037-0062-R002-8109, 261-031-0062-R002-8112) paraally
offset by advertas~ng sales of approximately $12,000
Respectfully subrmtted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Tabulation Sheet
1587 Agenda
2
A'I'rACHMENT 1
TABULATION SHEET
BID # 2681 Date 5/29/01
P A R D SEASONAL BROCHURES
No~ Qty DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDO~-
'~i" DENTON THE CROUCH RJK DFW PRESTIGE FJ BUSINE..c
?; i NORTH TEXAS PUBLISHING PRINTING
MAILING COMPANY GROUP PUBLISHING COMPANY
BUSINESS
FORMS
Principle Place of Business DENTON DENTON DENTON FT WORTH ARLINGTON GRAPEVINE DENTON
PRtNTING OF PARD $251 875/ $24503/ TEXT $165
1000 BROCHURES PER 1000 $236 45 / 1000
1000 COVER $98
BPECIFICATIONS $8400/ISSUE
1
TYPESE'FI'ING/LAYOU TEXT $21 / F
PER
T PER COVER $80 / I
PAGE
SPECIFICATIONS
2
ADDRESSING/
1000 DISTRIBUTION PER MAILING 50/1000 $120/1000
SPECIFICATIONS POSTAGE
125/1000
3
ADVER'rI~ING
COMMI$SION IBASED
% UPON TOTAL $$ 25% 25%
AMOUNT OF ADS
4 SOLD
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF PRINTING, TYPESETTING, DISTRIBUTION AND ADVERTISEMENT
SAI,~,S FOR THE PARKS AND RECREATION DEPARTIVIENT'S PLAY SEASONAL
BROCHURE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2681 - PARKS & RECREATION SEASONAL
BROCHURE AWARDED TO THE LOWEST BIDDER FOR EACH SECTION IN THE GROSS
AMOUNT OF $36,662 LESS $12,000 (ESTIMATE AD REVENUE) FOR A NET ESTIMATED
COST OF $24,662)
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein deacnbed bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" subrmtted therefore, and
WHEREAS, the City Council has provided in the City Budget for the appropnauon of funds
to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the numbered items in the following numbered bids for materials,
equlpmen~, supplies, or services, shown in the "Bid Proposals~' on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items
BID ITEM
NUMBER I'40 VENDOR AMOUNT
2681 1 Prestige Business Solutions $23,657
2681 2 FJ Business Form $ 2,205
2681 3 Denton Pubhshlng Co $10,800
2681 4 The Crouch Group 25% (Approx $12,000)
SECTION 2 That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submatung the bids for such items and agrees
to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantmes and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents
4
SECTION 3 That should the Cxty and persons subrmttlng approved and accepted 1terns and
of the subrmtted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarchng of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto, prowded that the written
contract is m accordance with the terms, conchtlons, specifications, standards, quanutles and
specified sums contmned m the Bid Proposal and related documents herein approved and accepted
SECTION 4 That by the acceptance and approval of the above numbered ~tems of the
subrmtted bids, the City Council hereby alathonzes the expenditure of funds therefor ~n the amount
and m accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized here~n
SECTION 5 That this ordinance shall become effective ~mmedmtely upon its passage and
approval
PASSED AND APPROVED this day of ,2001
ELHJNEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
FfERBERT L PROUTY, CITY ATTORNEY
BY
2681 SUPPLY ORDINANCE- 7-2001
AGENDA DATE: July 17, 2001 Questions concerning this
acquisition may be chrected
DEPARTMENT: Materials Management to Jim Coulter 349-7194
ACM: Kathy DuBose, F~scal and Mumclpal Services ~'~
SUBJECT:
An Ordinance accepting compet~tive b~ds and awarding a contract for the purchase of manhole
epoxy coating equipment and trailer, provichng for the expenchture of funds therefore, and
providing an effective date (B~d 2682 - Manhole Epoxy Coating Equipment and Trailer awarded
to the lowest b~dder, Raven Lining Systems m the amount of $96,000)
BID INFORMATION'
This bid is for the purchase of manhole epoxy coating equipment and trvaler The system
primarily consists of a large compressor, pressure washer, generator, component spray system
and 20' gooseneck trmler with associated eqmpment The intended purpose is to clean and reline
manholes with an epoxy coating to prevent detenorauon and foalure We have had this service
performed on a test manhole and it has proved to be very successful
RECOMMENDATION:
We recommend thas bid be awarded to the lowest responsible b~dder, Raven Dnmg Systems, m
the amount of $96,000
PRINCIPAL PLACE OF BUSINESS:
Raven Lantng Systems
Tulsa, OK
ESTIMATED SCHEDULE OF PRO~[EC'I:
Delivery of the lining system ~s scheduled for 60 days after receipt of an order
FISCAL INFORMATION:
Funchng for th~s eqmpment is available from Wastewater Capital Equipment fund account (625-
082-0471-9104)
Resl~ctfull~s~rmtted
Tom Shaw, C P M, 349-7100
Pumhasmg Agent
Attachment 1 Tabulation Sheet
1588 Agenda
!
ATTACHMENT 1
TABULATION SHEET
BID 2682 Date 6/5/01
MANHOLE EPOXY SPRAY COATING TRAILER
No I Qb/I DESCRIPTION VENDOR VENDOR
~ ' RAVEN LINING
', ~ ' CLS SERVICE &
, ,, ~,,,,, ,~" SUPPLY SYSTEMS
Principle Place of Bus~ness RICHARDSON, TX TULSA, OK
MANHOLE EPOXY SPRAY
COATING EQUIPMENT $105,600 $96,000
1 TRAILER MOUNTED
RAVEN LINING RAVEN LINING
MANUFACTURER SYSTEMS SYSTEMS
MODEL GN-20 GN-20
DELIVERY 60 - 75 DAYS 60 DAYS
2
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MANHOLE EPOXY COATING EQUIPMENT AND TRAH.ER,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE (BID 2682 - MANHOLE EPOXY COATING EQUIPMENT AND TRAn'
AWARDED TO THE LOWEST BIDDER, RAVEN LINING SYSTEMS IN THE AMOUNT OF
$96,000)
WHEREAS, the City has sohcited~ received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services m accordance with the procedures of STATE
law and City orrhnanccs, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown m the "Bid Proposals" subrmtted therefore, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the numbered items in the following numbered bids for materials,
equ,pment, supplies, or services, shown In the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items
BID ITEM
NUMBER, NO VENDOR AMOUNT
2682 All Raven Lining Systems $ 96,000
SECTION 2 That by the acceptance and approval of the above numbered items of the
subrmtted bids, the City accepts the offer of the persons subrmtUng the bids for such items and agrees
to purchase the materials, equipment, supplies or services m accordance with the terms,
specifications, standards, quantities and for the specified sums contmned in the Bid Invitations, Bid
Proposals, and related documents
SECTION 3 That should the City and persons subrmmng approved and accepted items and
of the subrmtted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto, provided that the written
contract is in accordance with the terms, conchUons, specifications, standards, quanutles and
specified sums contmned in the Bid Proposal and r~lated documents herein approved and accepted
3
SECTION 4 That by the acceptance and approval of the above numbered items of the
submatted bids, the C~ty Council hereby authorizes the expenditure of funds therefor ~n the amount
and in accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as
authorized here~n
SECTION 5 That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
2682 SUPPLY ORDINANCE- 7-2001
4