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July 23, 2002 Agenda
Agenda 02-023 07~23~02 AGENDA CITY OF DENTON CITY COUNCIL July 23, 2OO2 After determining that a quorum is present, the City Council will convene in a Work Session on Tuesday, July 23, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Receive a report, and hold a discussion regarding the council action request system. Receive a report, hold a discussion, and give staff direction regarding council rules and procedures for public meetings. Receive a report, hold a discussion and provide staff direction conceming creating an ordinance amending Chapter 35 "DeNon Development Code", of the Code of Ordinances of the City of Denton, Texas, to add Conservation Districts to protect neighborhoods that do not qualify for historic district status but have significant architectural, historic merit and distinct character. Requests for clarification of consem agenda items listed on the consent agenda for today's City Council regular meeting of July 23, 2002. Following the completion of the Work Session, the Council will convene in a Closed Meeting 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 and will convene at the time listed below for its regular or special called meeting. The City Council reserves the fight to adjourn imo a Closed Meeting on any item on its Open Meeting agenda consistem with Chapter 551 of the Texas Governmem Code, as amended, as set forth below. 1. Closed Meeting: Consultation with the City Attomey- Under TEXAS GOVERNMENT CODE Section 551.071 Discuss and consider authorizing the City Attorney's Office to file a response of the City in petition for Special Relief filed by Charter Communications d/b/a Marcus Cable Associates, L.L.C., before the Federal Communications Commission in Washington D.C. and discuss legal issues conceming this petition in a comested administrative proceeding with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED 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 §551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CiTY COUNCIL City of Denton City Council Agenda July 23, 2002 Page 2 RESERVES THE RIGHT TO ADJOURN iNTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY iTEM ON iTS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, iN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LiMiTATiON §§551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, July 23, 2002 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." PROCLAMATIONS/PRESENTATIONS 2. Proclamations 3. Yard-of-the-Month Awards 4. Recognition of staff accomplishments. CITIZEN REPORTS 5. David Wier regarding property on Jim Christal Road and a variance request for horses. 6. Dessie Goodson regarding City of Denton public transportation. 7. Ross Melton regarding the lawsuit of Ross Melton vs. the City of Denton, Code Enforcement, and the lawyers. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff 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 under the Consent Agenda (Agenda items 8-23). 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 8-23 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 23, 2002 Page 3 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Festival Foundation for supplemental funding for the Arts and Jazz Committee for the 2003 Denton Arts and Jazz Festival; providing for the expenditure of funds therefore; and providing for an effective date. Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2001-232 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. 10. Consider adoption of an ordinance of the City of Denton, Texas, authorizing an Inteflocal Agreement between the City of Denton, Texas and University of North Texas to provide a volunteer coordinator for the Denton Community Network and to build a training program for volunteers; authorizing the expenditure of funds; and providing an effective date. 11. Consider adoption of an ordinance of the City of Denton, Texas, authorizing an Interlocal Agreement between the City of Denton, Texas and Texas Woman's University to provide a final project evaluation for the Denton Community Network; authorizing the expenditure of funds; and providing an effective date. 12. Consider adoption of an ordinance of the City of Denton, Texas, authorizing an Interlocal Agreement between the City of Denton, Texas and North Central Texas College (NCTC) to provide class training and assistance to volunteer coordinator for the Denton Community Network; authorizing the expenditure of funds; and providing an effective date. 13. Consider adoption of an ordinance of the City of Denton, Texas, authorizing a contract between the City of Denton, Texas and Katunigan Company to provide services as project manager, web development, and configuration of computer systems for the Denton Community Network; authorizing the expenditure of funds; and providing an effective date. 14. Consider adoption of an ordinance accepting bids and awarding a contract for the purchase of Truck Beds and Bodies; providing for the expenditure of funds; and providing an effective date (Bid 2863 - Truck Beds and Bodies awarded to the lowest responsible bidder as listed in the total amount of $29,680). 15. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to execute a Personal Services Agreement on behalf of the City of Denton and Catherine A. Troxler for consulting services and system assistance in the Financial/Human Resource Software known as JD Edwards; and providing for an effective date (Personal Services Agreement with Catherine A. Troxler in the amount of $50,000). 16. Consider adoption of an ordinance accepting competitive bids and awarding a best value public works contract for the construction of the Denton North Branch Library; providing for the expenditure of funds therefore; and providing an effective date (Bid 2819 - City of Denton City Council Agenda July 23, 2002 Page 4 Denton North Branch Library awarded to Harrison Quality Construction, Inc. in the amount of $2,499,000). 17. Consider adoption of an ordinance providing for the expenditure of funds for the purchase of an annual maintenance agreement for software used in the City of Denton public library system which is available from only one source in accordance with the provisions of State Law exempting such purchases from requirements of competitive bids; and providing an effective date (Total contract amount $30,041.40 - Purchase Order 105781 to Epixtech, inc. in the amount of $7,510.35 for 4th quarter payments). 18. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of Transit Buses; providing for the expenditure of funds therefore; and providing an effective date (Bid 2867 - Transit Buses awarded to Lasseter Bus & Mobility in the amount of $348,492). 19. This item was pulled from consideration. 20. Consider the appointment of three (3) additional Alternate Judges. 21. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an interlocal Cooperation Agreement by and between the City of Denton, Texas and the University of North Texas pertaining to the mutual agreements of both parties to repave a portion of Chestnut Street and Sycamore Street, being streets owned within the City; authorizing the execution by the City Manager of a Tripartite Amendment and Assigmnent pursuant thereto; authorizing the expenditure of funds therefor; and providing an effective date. 22. Consider adoption of an ordinance of the City of Denton, Texas approving an exemption from ad valorem taxation for travel trailers pursuant to Texas Tax Code Section 11.142; providing that adoption of exemption shall be effective for 2002 tax year; providing a severability clause; providing for publication; and providing for an effective date. 23. Consider the appointment ora Deputy City Secretary. ITEMS FOR INDIVIDUAL CONSIDERATION 24. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. 25. items from the City Manager A. Notification of upcoming meetings and/or conferences B. Clarification of items on the agenda 26. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda July 23, 2002 Page 5 27. Official Action on Closed Meeting item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ., 2002 at o'clock (a.m.) (p.m.) CITY SECRETARY 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 MEETING. 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. This page left blank intemionally. Agenda 02-023 07/23/02 WS#1 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: July 23, 2002 City Manager's Office Michael A. Conduff, City Manager SUBJECT Receive a report, and hold a discussion regarding the council action request system. BACKGROUND The council action request system is a series of tools designed to create greater communication options between the City Council and the city staff. The system currently serves as a forum for Council to initiate requests for information, new business items, and citizen concerns. It is an internal process intended to increase the efficiency of dialogue between the City Council and the city staff. Additional services will be made available as they are completed. A manual detailing access instructions and functionality will be provided to you at the meeting. Betty Williams Director of Management and Public Information Prepared By: Robert Hanna Management Assistant This page left blank intemionally. Agenda 02-023 07/23/02 WS#2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: July 23, 2002 City Manager's Office Michael A. Conduff, City Manager SUBJECT Receive a report, hold a discussion, and give staff direction regarding council rules and procedures for public meetings. BACKGROUND Council requested to review the rules and procedures governing the preservation of order and decorum during public meetings. As you know, ordinance 2001-193 establishes the current practices and procedures that govern public meetings. Specifically, section 3.3 outlines conduct expectations for citizens. Attached you will find ordinance 2001-193, and the pamphlet that is given to the public informing them of the current rules and procedures of the council chamber. Bet~ WiiJ{ims Director of Management and Public Information Prepared By: Robert Hanna Management Assistant Attachments: (1) Ordinance 2001-193 (2) City Council Chamber pamphlet NOTE: Amended by Ordinance No. 2001-204 NOTE: Amended by Ordinance No. 2002-018 AN ORDINANCE AMENDING ORDINANCE NO. 94-183 AND SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND ALL AMENDING ORDINANCES AND REPEALING AND CONSOLIDATING ORDINANCES 76-48, 81-35, 90-026, 90-150, 90-150, 92-115, 93-073, 94- 183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028 AND 2000-420; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and establish rules of procedure to govem and conduct meetings, order of business, and decorum, while acting as a legislative body representing said City; and WHEREAS, because of its desire to more effectively and efficiently serve the public through the medium of public meetings, it has become necessary to amend and consolidate all amendments of the City Council Rules of Procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That Ordinance Numbers 94-183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-325, 98-415, 99-028, and 2000-420 and Section 2-29 of the City Code (Rules 6-2-6-7)are hereby amended and consolidated into one Ordinance known as the Denton City Council Rules of Procedure to read as follows: 1. AUTHORITY 1.1 ~ Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton, Texas, the City Council hereby enacts these roles of procedure for all meetings of the City Council of the City of Denton, Texas. During any meeting, a reasonable oppommity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. 2. GENERAl, RIll.ES 2.1 Meeting.q to be P,hlie.: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T. CODE ANN. (Vemons Annotated Texas Civil Statutes 1999 (Vernons), as amended, shall be open to the public. S: \Our Docnm~ent s \ Ordinances\ 01 \ CCRO~ESORDO 1. doc PAGE 1 2.2 ~mmm: Four members of the Council shall constitute a quorum for the transaction of business. (Charter, Section 2.06) 2.3 Compelling Attendance: No member shall be excused fi.om attendance at a Council meeting except for good and valid reasons. 2.4 Mi`qconduet: The Council may punish its own members for misconduct. 2.5 Minute`q of Meeting.q: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared for all closed meetings and shall be approved by the Mayor in accordance with Chapter 552, TEX. GOV'T. CODE ANN. (Vemons 1999), as amended. 2.6 Quesfion`q to Contain One S,hject: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed fi.om the consent agenda by a Councilmember. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 ~: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 Cigz_Mamger: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d)) 2.9 C__Jly_Allam~: The City Attomey, or Acting City Attomey, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attomey shall act as the Council's parliamentarian. 2.10 Citg..Samela~: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.11 Officer`q and Employee.q: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. PAGE 2 2.12 R. ale, r~a~2Rd~: These rules govem the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised shall govern. 2.13 gn~en.qinn nf Rule.q: Any provision of these roles not governed by the City Charter or Code may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and entered into the minutes of the Council. 2.14 Amendment nf Rules: These rules may be mended, or new rules adopted by the affmnative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3. CODE O!~ CONI'}IICT 3.1 Couneilmemhers: a. During Council'meetings, Councilmembers shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. b. A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions fi.om another member. If a Councilmember is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 Adminigtrative gtaff: a. Members of the Administrative staff and employees of the City shall observe the same rules or procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognized by the Chair. b. While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under his or her direction and control. c. The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. PAGE 3 d. All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. e. No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer. 3.3 Citizen.q: Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room. All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the Council is in session. Co Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted. Placards, banners, or signs will not be permitted in the City Council Chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. Audience members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting. f. Only City Council members and City staffmay step on to the dais. All people wishing to address the City Council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members. Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so. People addressing the City Council shall not be permitted to approach the dais. If they wish to hand out papers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out S:\Our Docume~ts\Ordinances\Ol\CC~ULESORDOl.doc PAGE 4 the materials. When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speaking to cease. A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. ko Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the City Council Chambers or of any other room in which the City Council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time (several minutes) from the entranceway to the City Council Chambers using hand- held cameras only. Any radio station, which broadcasts the regular City Council meetings live may hook their equipment up at the front of the room as long as it ' remains out of sight and out of the way. There will be a uniformed City of Denton police officer present at all regular meetings of the City Council. This police officer shall act in the capacity of a security officer/sergeant-at-arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Council or who otherwise violates any of the above-mentioned roles while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require the offending person's removal, and the affirmative vote of a majority of the City Council shall require the presiding officer to act. The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meeting. 3.4 Enforcement The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Arms for the Council, and shall fumish whatever assistance is needed to enforce the rules of decorum herein established. 3.5 Seating Arrangement: The City Secretary, City Manager and City Attorney shall occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats. S:\Our Document$\Ordinances\Ol\CCRULE$ORDOl.doc PAGE 5 4. TYPF~ OF MF~ETINGS 4.1 re~m,lar Meeting.q: The Council shall meet at six o'clock p.m. on the first and third Tuesday of each month, with executive sessions (closed meetings) of the Council commencing at five fifteen o'clock p.m., or at any other time set by the Council, unless the meeting is postponed or cancelled for valid reasons. All regular meetings of the Council will be held in the Municipal Building at 215 East McKinney Street, or at such other location as the City Council may, by motion, resolution or ordinance from time to time designate. 4.2 Spec. iai Meetings: Spec, iai meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, [Chapter 55] TEX. GOV'T. CODE ANN., (Vemons 1999, as amended). The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than the Municipal Building as long as the location is open to the public. '. 4.3 Workshop Meetings: Workshop meetings or work sessions may be called using the same procedure required for special meetings. (See Sec. 4.2) The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City Board, Commission, or Committee Members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally, no final action shall be taken unless the posted agenda indicates otherwise. Citizens or other interested persons attending the work session will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter. The propose of this procedure is to allow the citizens attending the regular meeting the oppommity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 Emergency Meetings: In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. 4.5 Closed Meeting.q: The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vemons 1999), as amended. S: \Our Document s\ Ordinances\ 01 \ CCRULESORD01. doc PAGE 6 4.6 Recessed Meetings: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 4.7 Notice of Meeting.q: The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Veruons 1999, as amended.) 5. PRF~IBIN~ OFFICER AND I)ITTIE~ 5.1 Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro- Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of both the Mayor and Mayor Pro-Tem, the Council shall elect a temporary presiding officer. (Charter, Section 2.03) 5.2 Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. 5.3 Preservatinn of' Order: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein. 5.4 Points of Order: The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained?". If a majority of the members present vote "No", the ruling of the chair is overruled; otherwise, it is sustained. 5.5 C~_ m.qtinns to he ~qtated: The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 Suhsfitntion for Presiding Officer: The presiding officer may call any other member to take his or her place in the chair, such substitution not to continue beyond adjournment. 5.7 Call_frmRaaass: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. S:\Our Documents\Ordinances\ OI\CCRI/~ESORDOi.doc PAGE 7 ORDER OF BIISINESS (Section 2-29 of the City Code "City Council Procedures; Order of Business") 6.1 (2-29(a)) Agenda: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, one other member of the City Council selected by the Council, and the City Manager. The agenda shall be a listing by topic of subjects to be considered by the Council. When items are removed fxom the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Councilmember hq an "emergency" item that the Councilmember believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee. Conduct of business at special meetings and Council Committees and subcommittees will likewise be govemed by an agenda and these Rules of Pro- cedure. 6.2 (2-29(b)) Pledge of' Alle~ance: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with the recital of the, pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with article 6139 (b) of Vemons Annotated Texas Civil Statutes. 6.3 (2-29(c)) Presentations By Membem ofC. ouncil: The agenda shall provide a time when the Mayor or any Councilmember may bring before the Council any business that he or she feels should be deliberated upon by the Council. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or city staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Man- ager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. 6.4 (2-29(d)) Presentation by Citizens: a. (2-29(d)(i)) Citizen Re.non.q: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such citizen reports shall be provided on the agenda after the pledge of allegiance, approval of the minutes, and the presentation of proclamations. Any speaker providing a citizen report shall speak for no longer than five (5) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No citizen may fill out a "request to speak" form or have an opportunity to S:\Our Documents\Ordinances\Ol\CCRULESORDOl.doc PAGE 8 speak or comment on another citizen's report which is given at the same Council meeting. b. (2-29(d)(ii)) Speaking on Re~m]lar and Con.qent Agenda Items: Any person who wishes to address the Council regarding an item that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and return it to the City Secretary before the Council considers the item. The Mayor will call upon the citizen to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council. The provisions of this paragraph do not apply to persons appearing at a public hearing in response to an official agenda notice or publication. The provisions of this paragraph also do not apply to workshop meetings, and a citizen's right to speak and provide input at those meetings shall be limited and controlled by Section 4.3 "Workshop Meetings" of this ordinance. c. (2-29(d)(iii)) Any person who wishes to address the Council at a public hearing shall complete a "request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the citizen to speak for no longer than five (5) minutes. 6.5 (2-29(e)) Time l.imit.q: Speakers before the Council shall limit their remarks to five (5) minutes or less for public hearing items and citizen reports. Citizens speaking to a non-public hearing agenda item shall limit their presentations to three (3) minutes or less. 6.6 (2-29(0) Oral Pre.qentations by Ci~ Manager: Matters requiring the Council's attention or action which may have developed after the deadline for delivery of the written communication to the Council may be presented orally by the City Manager. If formal Council action on a subject is required, such action may be taken only if the provisions of the Texas Open Meetings Act have been satisfied. 6.7 (2-29(g))Pre.qentation of Proelamationq: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may: deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. 7. CONSIDERATION OF ORDINANCES: RESf}IJ~TION~: AND MOTION~ 7.1 Printed or T.vpewritten Form: All ordinances and resolutions shall be presented to the Council in printed or typewritten form. The Council may, by proper motion, amend any ordinance or resolution presented to it and direct that the amended ordinance be placed on the next Council Agenda for adoption. 7.2 Ci~ Attorney to Approve: All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, Section 6.02). PAGE 9 7.3 Dintrihntinn nf Ordinance.q and Re.qnlutinn.q: The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. 7.4 Recording of Vote.q: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06 (b)). 7.5 M~ority Vote Rea2fired: .,An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter or by the laws of the State of Texas. (Charter, Section 2.06). 7.5.1 Tie-Vote: Matters voted on by the City Council which end in a tie-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present: 7.6 Demand for Roll Call: Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exception oftho~qe circnrn.qtance.q set forth in Section 7.12: The Previmm Question. It shall not be in order for members to explain their vote during the roll call. 7.7 Personal Privilege: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned. 7.8 Di.q.qent.q and Prote.qt.q: Any member shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefore entered upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7.9 Voting Rea2fired: No member shall be excused fi'om voting except for lack of information and except on matters involving the consideration of his or her own official conduct, or where his or her personal interests are involved in accordance with Chapter 171, TEX. GOV'T. CODE ANN. (Vemons 1999, as amended), and in these instances he or she shall abstain. Any member prohibited from voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting room. The member having briefly stated the reason for his or her request, the excuse fi'om voting shall be made without debate. PAGE 10 7.10 Order of Precedence nfMnfinn.~: a. The following motions shall have priority in the order indicated: 1. Adjourn (when unqualified) and is not debatable and may not be amend~l; 2. Take a recess (when privileged); 3. Raise a question of privilege; 4. Lay on the table; 5. Previous question (2/3 vote required); 6. Limit or extend limits of debate (2/3 vote required); 7. Postpone to a certain time; 8. Commit or refer; 9. Amend; 10. Postpone indefinitely; 11. Main Motion. b. The first two motions are not always privileged. To adjourn shall lose its privilege character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. c. A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; 2. When made as an interruption of a member while speaking; 3. While a vote is being taken. d. Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is undebatable. 7.11 ~: A motion to reconsider any action of the Council can be made PAGE 11 not later than the next succeeding official meeting of the Council. Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any Councilmember who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof. A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure. 7.12 The Previous Question: When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?". There shall then be no further amendment or debate; except that nothing herein shall allow the previous question to be called prior to a lea.qt one oppo~mi~ for each member of the Council to meak on the question before the Council. Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of 2/3 of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving "That debate now cease, and the Council shall immediately proceed to vote on the pending motion". In practice, this is done with the phrase "Call for the question", or simply saying "Question". 7.13 Withdrawal of Motions: A motion may be withdrawn, or modified, by its movant without asking permissionuntil the motion has been stated by the Presiding Officer. If the movant modifies his or her motion, the seconding councilmember may withdraw his or her second. After the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 Appropriations of Money: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation. In addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the availability of funds and his or her recommendations as to the desirability of the appropriation. 7.15 Transfer of Appropriations: At the request of the City Manager, at any time during the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or earnings of any non-tax supported public utility to any other purpose. S:\Our Documents\Ordinances\Ol\CCRULESORDO1 .doc PAGE 12 8. CREATION OF COMMITTEE~q: BOARDS AND COMM[q~qlON,q 8.1 Council Committee.q: The Council may, as the need arises, authorize the appointment of the "ad hoc" Council committees. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. 8.2 Citizen Roard.q; Commi.qsion% and Committee_q: The Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code. Memberships and selection of members shall be as provided by the Council if not specified by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority of the vote of the Council. No Committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. · 8.3 Appointment.q: a. Individual City Councilmembers making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. b. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Councilmembers will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. d. In an effort to ensure maximum citizen participation, City Councilmembers will continue the general practice of nominating new citizens to replace board members who have served three consecutive, full terms on the same board. e. Each City Councilmember will be responsible for making nominations for board and commission places assigned to him or her, which may correspond to the City Councilmember's place. Individual City Councilmembers will make nominations to the full City Council for the governing body's approval or disapproval. 8.4 Rule.q of Procedure: Board and Commission members shall comply with the provisions of Article IH of Chapter 2 of the Code of Ordinances. Each Board shall be provided a copy of these rules of procedure and each advisory board shall adopt rules of procedure governing S:\Our Documents\Ordinances\Ol\CCRUI~ORDOl.doc PAGE 13 the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible. 9. VOTE~ REOIIIREI) Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1 Charter and State Stah~tory Requirements: a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments must be adopted by a two-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vemons 1999, as amended.) For a seven member Council, this means five members must vote affirmatively. b. I.evyi. 'ng Taxes - Five Votes: Ordinances providing for the assessment and collection of certain taxes require the approval of two-thirds of the members of the Council (Section 302.101, Texas Tax Code) (Vemons, 1999, as amended.) c. Changing Paving Assessment Plans - Five Votes: Changes in plans for paving assessment require a two-thirds vote of the Council. (Section 313.053(e) Transportation Code, Vemons 1999, as amended.) eo Changes in Znning Ordinance or Zoning Cla~qsifications: In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty (20%) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council; six (6) votes of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the City's Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members of the City Council. (Section 312.002(c)) Texas Tax Code (Vemons 1999, as amended.) 10. SEVERABII,IT¥ CI,AIISE That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances 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. PAGE 14 SEC__,IIOBLZ That Ordinances 74-48, 81-35, 90-026, 90-150, 92-115, and 93-073 are hereby repealed. ~qF. CTION 3. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/~-'-~--day of ~'fi~ , 2001.. ~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Ordinances\01\CCRU~ESORD01.doc PAGE 15 Agenda 02-023 07/23/02 AGENDA INFORMATION SHEET WS#3 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 23, 2002 Planning Department David M. Hill, AiCP, 349-8314 SUBJECT - SI02-0001 (Conservation District Ordinance) Receive a report, hold a discussion and give staff direction concerning creating an ordinance amending Chapter 35 "DeNon Developmem Code", of the Code of Ordinances of the of the City of Denton, Texas, to add Conservation Districts to protect neighborhoods that do not qualify for historic district status but have significant architectural, historic merit and distinct character. The Planning and Zoning Commission recommends approval (5-1, Keith opposed, Roy absem). (Si02-0001) BACKGROUND Applicam: City of DeNon The applicam is requesting amending Chapter 35 of the City of DeNon Code of Ordinances to add section 35.7.6 "HiSTORiC CONSERVATION DiSTRiCT." The City Council postponed action regarding the draft Historic Conservation District ordinance during its' July 16, 2002 meeting. The July 23rd work session has been scheduled for review of the ordinance, including the following items idemified by Council Members: In the first "WHEREAS," the last section of that sentence which now reads "which are not appropriate for historical designation;" could be changed to "which may or may not be appropriate for historical designation;" or "which may not be appropriate for historical designation;" · Section 35.7.6.3 now reads "...all of the following criteria must be met: Buildings, structures or sites within the proposed district must be 50 years of age or be of historical significance;" could be changed to "A majority of buildings, structures or sites within the proposed district must be 50 years of age or be of historical significance;" In section 35.7.6.4 there was a discussion about the imem of the requiremem that 50% of owners of property or who collectively own more than 50% of the building sites. Perhaps this needs clarification. In section 35.7.6.7A the question was raised concerning "historic buildings or structures" and whether that applied to non-historic buildings or structures. Section 35.7.6.7B deals with non-historic structures, but perhaps it should be clarified what constitutes "historic" and "non-historic." Staff hesitated to make these suggested changes in the draft ordinance umil Council provides further directions. Historic Landmark Commissioners will be invited to the work session; Chairperson Peggy Capps will speak for the commissioners. Draft Ordinance: Purpose Conservation districts are usually residemial neighborhoods, with certain idemifiable attribmes embodied in architecture, urban design, and history. These districts are created as an overlay- zoning tool used to preserve neighborhood character. Conservation districts can be used to protect neighborhoods that do not qualify for historic district status but have significant architectural, historic merit and a distinct character. A conservation district ordinance accomplishes this purpose by regulating new construction, major alterations or additions to existing buildings and demolition. Each neighborhood applying for conservation district status would be responsible for drafting design guidelines to address the unique needs and attribmes of the area. As new neighborhoods are developed in DeNon, regulations dictate the type of buildings, size, setbacks, and materials that may be used, giving them a flavor or character of their own. Older neighborhoods were not built with these protections. One benefit of conservation districts is to provide older neighborhoods with similar protections. This ordinance will give older neighborhoods the opportunity to preserve their character and historic imegrity and ensure new construction fits the architectural characteristics of the area. The regulations are drafted to allow property owners to volumarily request that the regulations be imposed. RECOMMENDATION The Historic Landmark Commission recommends approval (6-0) Planning and Zoning Commission recommends approval (5-1, Keith opposed, Roy absem). ESTIMATED PROJECT SCHEDULE Should Council give staff direction to make final changes to the ordinance at this work session, then public notice could be published on July 27, 2002, and the ordinance could be brought back to Council on August 6th. Initiation of Conservation Districts can occur once ordinance is adopted. PRIOR ACTION/REVIEW The following is a chronology of SI02-0001, Ordinance: commonly known as Conservation District In 1995, the City of DeNon and the Historic Landmark Commission (HLC) hired Knight and Associates, through a Certified Local Government Grant, to conduct a historic resources survey of DeNon. The survey idemified 2,409 historic properties within the city limits; 91% of these structures are domestic architecture. The consultants recommended several areas of town that would qualify for conservation district status: the Bell Avenue area, the Locust/Austin Street area, and the Congress School area. A Planning and Zoning Commission workshop was held on March 13, 2002 to receive public input. The workshop included a presentation on conservation districts. There were no recommendations made during this discussion. The Legal Department modified the draft ordinance after the Planning and Zoning Commission public hearing. The original wording of 35.7.6.4 A. was confusing and has been amended to convey that the initiation of a conservation district is contingent not only upon the written request of more than half of the owners of property within the proposed district, but that the owners must collectively own more than half of the building sites within the proposed district. FISCAL INFORMATION None ATTACHMENTS 1. Staff Analysis 2. Historic Landmark Commission Meeting Excerpts 3. Planning and Zoning Commission Minutes, June 12, 2002 4. Proposed Ordinance Prepared by: Julie Glover Main Street Program Manager, CMSM Respectfully submitted: Linda Ratliff Director of Economic Development ATTACHMENT 1 Staff Analysis Summary_ of Request The applicam is requesting to amend chapter 35 of the City of Demon Code of ordinances to add to add section 35.7.6 "HISTORIC CONSERVATION DiSTRiCT." This ordinance would be subject to the same rules as other zoning cases. It would require a super majority vote to pass if 20% of affected adjacem property owners oppose. Comprehensive Plan Analysis Chapter Four, "Historic Preservation," of The Denton Plan, 1999-2020 Comprehensive Plan of the City of Denton recommends that: "The unique distinctive cultural, historical, and architectural features of Denton should be identified, restored, preserved, and maintained through a partnership between the city and private interests, in keeping with the historic preservation plan." ~o. 95) "Existing neighborhoods should be protected and preserved. " (19.95) "Identify and create additional historic and conservation districts." (p.95) "Protect individual sites or aspects of areas as being of historical significance." (p.95) "The Historic Land Mark Commission and city preservation officer will identify and recommend areas within the city limits that qualify for conservation district designation. Potential conservation district sites currently under consideration are Austin-Locust Conservation District and Bell Avenue Neighborhood Conservation District." (p. 96) Staff Findings 1. The proposed ordinance to allow conservation districts is consistent with the recommendations from the Comprehensive Plan. 2. Conservation districts will provide protection for older neighborhoods. ATTACHMENT 2 Historic Landmark Commission Meeting Excerpts From HLC minutes, November 15, 1999-- Ron Emrich, Principal of Urban Prospects Historic Preservation and Resources Development, facilitated a board orientation/training for the HLC Commissioners. Some of the topics discussed included: historic districts; developing conservation districts; design guidelines; protection mechanisms; and grant categories. From HLC minutes, April 10, 2000--Discuss organizing neighborhood meetings for proposed conservation districts for Austin-Locust Street area and Bell Avenue area. May 22, 2000 - The first Austin/Locust neighborhood meeting was held at Lanelle Blanton's home - 520 Austin St. Approximately 20 people were in attendance. All attending were in favor of pursuing a conservation district June 12, 2000 - The first Bell Street neighborhood meeting was held at Gary Hayden's house, 2106 N. Bell Street. Approximately 20 people in attendance, all were in favor of pursuing a conservation district. After the first meeting, the Bell Area Neighborhood Association (BANA) began meeting each Monday night to discuss methodology. 2000-Present-- HLC has received reports from both of these groups on a regular basis and has worked with city staff and Lila Knight, historic preservation consultant, on creating this "umbrella" ordinance allowing for conservation districts. BANA has gathered information from residents regarding creation of a conservation district and currently have 90% support in the proposed area. They are now working on design guidelines so they will be ready to apply and receive conservation district status once the umbrella ordinance is in effect. December 10, 2001--HLC unanimously recommended approval of an ordinance allowing the creation of conservation districts by a vote of 7-0. ATTACHMENT 3 Planning and Zoning Commission Minutes, June 12, 2002 13. Hold a public hearing consider making a recommendation to City Council concerning the ordinance amending Chapter 35 "Demon Developmem Code", of the Code of ordinances of the of the City of Denton, Texas, to add a Conservation District to protect neighborhoods that do not qualify for historic district status but have significant architectural, historic merit and distinct character; providing a severability clause and repealer clause; and providing an effective date. (SI02-0001, Conservation District Ordinance, Julie Glover) Motion by Bob Powell and seconded by Vicki Holt to recommend approval to City Council. *Discussion of item is included in the Court Reporter's transcript attached to this set of minutes (Page 81). Motion carries 5-1 - Commissioner Bill Keith opposed. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE", .... SPECIAL PURPOSE AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.6 "HISTORIC CONSERVATION DISTRICTS" PROVIDING FOR THE CREATION OF HISTORIC CONSERVATION OVERLAY DISTRICTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $ 2000.00 FOR EACH AND EVERY VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council finds that there are areas of the city which reflect elemems of the city's cultural, social, economic, political, architectural or archeological history which should be conserved and protected, which are not appropriate for historical district designation; and WHEREAS, the City Council has received recommendations from the Historic Landmark Commission and the Planning and Zoning Commission, after giving the required notices and required public hearings recommending that the city should allow the creation of historic conservation districts to protect the city's architectural or cultural attributes; and WHEREAS, the City Council finds that allowing the establishmem of such historic conservation districts serves a public purpose; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That Chapter 35, Subchapter 7 "Denton Development Code", "Special Purpose and Overlay Districts", Code of Ordinance, City of Demon Texas is hereby amended by adding Section 35.7.6, Historic Conservation District to read as follows: 35.7.6 Historic Conservation District 35.7.6.1 Purpose The purpose of establishing historic conservation overlay districts is to: A. Safeguard the heritage of the City of Denton by preserving areas of the city with landmarks, buildings, and/or sites which reflect elements of the city's cultural, social, economic, political or architectural or archeological history; B. Stabilize and improve property values; C. Ensure compatibility of new construction and structural alterations with the existing scale and characteristics of surrounding properties; D. Foster civic pride in the beauty and accomplishments of the past; E. Identify and promote fl~e use of historic resources for the education, pleasure and welfare of citizens of fl~e City of Denton. 35.7.6.2 Definitions The following words, terms and phrase, when used in this Subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Historic conservation district: A geographically de£med area including a landmark or a group of landmarks, created by the city council for the purpose of historic preservation. The city council may establish more than one such historic conservation district. Landmarks within the boundaries of a historic conservation district are related by historical, architectural or archaeological significance. Historic preservation: The protection, reconstruction, rehabilitation, repair or restoration of landmarks of historical, architectural or archeological significance. HPO: The Historic Preservation Officer for the City of Denton (HPO). Landmark: Any building, structure, site, district, area or land of architectural, historical, archaeological or cultural importance or value which the city council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and general welfare of the people. Landmark Commission: The City of Denton Historic Landmark Commission (Landmark Commission). Site: The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. 35.7.6.3 Criteria for Consideration as a Historic Conservation District In order to be considered for designation as a historic conservation district, all of the following criteria must be met: A. Buildings, structures, or sites within the proposed district must be 50 years of age or be of historical significance; B. Buildings, structures, or sites within the proposed district must have common character defining features and be of common form; C. Buildings, structures, or sites within the proposed district should be sin~ilar in size, massing and scale and/or have a common streetscape and/or have similar spatial relationships and/or contain common visual qualities such as vegetation, vistas, orientation, set back, spacing, site coverage, exterior features, or materials. D. The proposed district must express a local identity as recognizable combinations of qualities common throughout an identifiable geographical area. 35.7.6.4 A. Procedures for Designation Designation as a historic conservation district may be initiated by the Landmark Commission or by written request of more than 50% of the owners of property within the proposed historic conservation district who collectively own more than 50% of the building sites within the proposed historic conservation district. Such a request shall designate clearly the land proposed to be included. Upon receipt of a request or upon its own motion, the Landmark Commission shah conduct studies and research and make a report on the landmarks within the historic conservation district, or on the site(s), building(s), structure(s), object(s), open space(s), and/or feature(s) which would be landmarks if the area were designated as a historic conservation district. The report shall contain boundary justifications for the inclusion or exclusion of geographical areas in or from a historic conservation district or for the exclusion of geographical areas from a historic conservation district. The report shall also determine if the request meets the criteria set out in Section 35.7.6.3. If the Landmark Commission detemfines that the area is not eligible for Conservation District classification, it shall notify the applicant of the fact in writing. Notice is given by depositing the notice, properly addressed and postage paid, in the United States mail. The notice must be sent to the address shown on the application. The decision of the Landmark Commission that an area is not eligible for conservation district classification may be appealed to the Planning and Zoning Commission. D. An appeal under subsection (C) is made by filing a written request with the Landmark Commission. The request must be fried within 30 days of fl~e date written notice is given to fl~e applicant of the Landmark Commission's decision. In considering fl~e appeal, the sole issue shall be whether or not fl~e Landmark Commission erred in its detem~ination of eligibility, and, in fl~is connection, fl~e Planning and Zoning Commission shall consider fl~e same standards that were required to be considered by fl~e Landmark Commission in making its detem~ination. E. The Planning and Zoning Commission's detem~ination of eligibility on appeal is final. If fl~e Planning and Zoning Commission detem~ines fl~at fl~e area is not eligible for conservation district classification, no furfl~er applications for conservation district classification may be considered, for fl~e area of request, for two years from the date of fl~e decision. A property owner in fl~e area of the request may apply for a waiver of fl~e two-year lin~itation pursuant to the Planning and Zoning Commission and must show changes in circumstances fl~at alter fl~e facts and conditions upon which fl~e first decision was detem~ined. F. If fl~e Landmark Commission detem~ines fl~at fl~e area is eligible for conservation district classification, it shall conduct any necessary studies and undertake any additional research it deems necessary on fl~e proposed historic conservation district. The decision of fl~e Landmark Commission that an area is eligible for conservation district classification may not be appealed. G. Once any necessary studies or any additional research is complete, fl~e Landmark Commission shall hold a public hearing and shall give due notice of such public hearing. The notice for the public hearing shall include written notice to fl~e owner(s) of record of property proposed for designation as a historic conservation district. H. Within forty-five (45) days after fl~e public hearing, fl~e Landmark Commission shall submit a final report to fl~e Planning & Zoning Commission, stating its recommendations together with a draft of any proposed change. I. The Planning & Zoning Commission shall hold a public hearing and shall give due notice of such public hearing. Within forty-five (45) days after fl~e public hearing, fl~e Planning & Zoning Commission shall submit a final report to City Council, stating its recommendations together wifl~ a draft of any proposed change. J. The City Council shall consider fl~e final reports produced by fl~e Landmark Commission and by fl~e Planning and Zoning Commission in fl~eir decision making process. The City Council may amend this article to designate property previously excluded from a historic conservation district or to designate deletion of certain property from fl~e historic conservation district. K. Requirements of Subchapter 7 "Special Purpose and Overlay Districts" shall apply to fl~e creation of Historic Conservation Districts, however, any conflict between this Section and off, er provisions of Subchapter 7 shall be resolved in favor of this section. 35.7.6.5 Conservation District Ordinance The ordinance creating a conservation district shall be based upon the reports and recommendations of the Landmark Commission, Planning and Zoning Commission, city staff, and property owners at fl~e public meetings. The ordinance must contain design guidelines based on the U.S. Secretary of fl~e Interior's 3'/a,#ar#s for Rehabi/i/a/io,, and may furfl~er contain any additional regulations, special exceptions, or procedures fl~at fl~e City Council considers necessary to conserve fl~e distinctive atmosphere or character of fl~e area, or to minimize potential adverse impacts which could result from fl~e creation of fl~e district. In addition, all property owners must confom~ to existing building codes and zoning regulating land uses. 35.7.6.6 Existing Construction Existing construction shah be maintained in a manner that preserves or prolongs the structural integrity of the character defining features of a property. Repairs shah be executed in a manner consistent with the design guidelines established by each individual historic conservation district. 35.7.6.7 35.7.6.8 A. Alterations to Existing Construction Exterior structural alterations along the street frontage of historic buildings or structures should be avoided and shall be kept to a minimum. Design for structural alterations to existing buildings or structures in fl~e historic conservation district shah confom~ to the design guidelines established by each individual historic conservation district. The design shah be compatible wifl~ the character defining features of fl~e majority of surrounding properties and exhibit similar size, massing and scale as nearby contributing buildings or structures. New construction; Structural Enlargement or Reduction When new buildings or structures are proposed within a historic conservation district, their design shah be compatible with the historic, cultural, or architectural character of the area. The design shall promote the existing spatial and visual qualities in the historic conservation district, including height and scale of buildings or structures, orientation, set back, spacing, site coverage, and exterior features. Design for new construction shah confom~ to the design guidelines established by each individual historic conservation district 35.7.6.9 Certificate of Appropriateness A Certificate of Appropriateness is required for work that has the potential to change the character of a structure or a group of structures in a historic conservation district. A Certificate of Appropriateness is not required for routine maintenance. Routine maintenance does not change fl~e character of a landmark or a group of landmarks in a historic conservation district. Routine maintenance includes, but may not be limited to, painting already painted surfaces in-kind, replacing rotted or damaged siding or roofing with in-kind materials, replacing or repairing broken fLxmres or hardware in-kind. A. The following lists fl~e steps required to obtain a Certificate of Appropriateness: 1. The property owner is required to submit an application for a Certificate of Appropriateness to fl~e HPO before proceeding wifl~ any work not considered routine maintenance. Examples of work requiring a Certificate of Appropriateness application includes, but may not be limited to, fl~e following types of work: a. Substantial exterior repair involving the removal or replication of character defining features; b. Rehabilitation, including minor rear or side additions to the building or structure (such as a small bafl~room, laundry room, minor room extension, additional openings not visible from fl~e street), or to fl~e land (such as fencing, or outbuildings); c. Major alterations to the building or structure, including additional openings visible from fl~e street, garage, guest houses, major additions to the side, rear or additional full or partial story, or to the land (such as fencing or outbuildings). Infom~ation required to accompany an application includes: a. Plans of proposed work b. Photographs of existing conditions c. Photographs or drawings of missing features or elements to be rebuilt d. Infom~ation on specific products or materials proposed for use All infom~ation submitted must include sufficient detail and specificity to enable an assessment as to whefl~er or not fl~e proposed work is in accordance wifl~ fl~e historic conservation district's Design Guidelines. 2. Upon receipt of a complete application, fl~e HPO shah forward the application to fl~e Landmark Commission for review. The Landmark Commission shah detemfine whefl~er or not fl~e application documentation is adequate for evaluation, and shah detemfine if fl~e proposed work is in accordance wifl~ fl~e applicable Design Guidelines. If an application is approved, the property owner may proceed wifl~ fl~e work as approved. 3. If the Landmark Commission determines the proposed work is not in accordance with the applicable Design Guidelines, the Landmark Commission shall make recommendations to the applicant regarding changes to the proposed work that would bring the application into compliance with the requirements for approval. The Landmark Commission and applicant shall work together, in good faith, for a period of not less than sixty days, to resolve outstanding issues and reach agreement that is in accordance with the applicable Design Guidelines. The applicant shall provide the Landmark Commission wifl~ all pertinent information to help guide fl~e Landmark Commission in fl~eir decision making process. If information is made available to the Landmark Commission regarding economic hardship, the Landmark Commission shall take that information into account regarding the applicant's ability to acquire specific materials and/or craftsmanship or complete a scope of work. If after good faith effort, agreement is not reached, the Landmark Commission may deny the application. 4. If fl~e Landmark Commission denies an application for a Certificate of Appropriateness, fl~e applicant may appeal the rejection to the City Council, within 10 days of the notice of denial. The Landmark Commission shall provide fl~e City Council with a report of fl~eir £mdings and efforts wiflfin flfirty (30) days of the appeal. The City Manager shall, within a reasonable lengfl~ of time, place the matter upon the City Council agenda for a determination as to whether or not the proposed work is in accordance with the applicable Design Guidelines. The City Council shall consider the Landmark Commission's report in making their decision. If an application is determined in accordance with applicable Design Guidelines, the Council may approve the application. If an application is approved, the applicant may proceed with the work as approved. Verification of Compliance for Certificate of Appropriateness Process 1. The HPO, or designee, upon receipt of an approved Certificate of Appropriateness, but no less than flfirty (30) days after, shall make an investigation of fl~e property and shall approve or disprove fl~e fact fl~at fl~e property has been completed as required for Certification. If the repair or renovation deviates in any way from the approved construction plan, fl~e HPO will forward his/her £mdings to the Landmark Commission. 2. The Landmark Commission shall review the information submitted by the HPO and decide whether or not fl~e deviations from the approved construction plans are in accordance wifl~ fl~e historic conservation's district Design Guidelines. 3. If verification of completion shall be deemed unfavorable, the applicant shall be required to complete fl~e work as shown in the approved constriction plans or correct the deviation in a manner consistent with the applicable Design Guidelines or appeal the Landmark Commission decision to City Council. SECTION 2. If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. 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 twice in the Demon Record-Chronicle, the official newspaper of the City of Demon, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: EULINE BROCK, MAYOR Frequently Asked Questions About Historic Conservation Districts Q. What is a historic conservation district? A. Conservation districts are usually residential neighborhoods, with certain identifiable attributes embodied in architecture, urban design, and history. These districts are created as an overlay-zoning tool used to preserve neighborhood character. Conservation districts can be used to protect neighborhoods that may not qualify for historic district status but have significant architectural, historic merit and a distinct character. Q. How does a conservation district ordinance protect a neighborhood? A. The ordinance accomplishes this purpose by regulating new construction, major alterations or additions to existing buildings and demolition. Each neighborhood applying for conservation district status would be responsible for drafting design guidelines to address the unique needs and attributes of the area. Q. Why does the proposed ordinance allow for fines up to $2,000 per day for violations? A. The fine is the same for all zoning violations in the city. Any time that a ruling is created that people cannot do something, the only way to enforce it is to create a way to enforce it. The key words here are "up to"--that doesn't mean that every violation would be charged the maximum allowable fine. Q. Is the fine the same in the Historic Oak/Hickory district? A. Yes Q. Has anyone ever been fined in the historic district for breaking zoning violations related to the historic district zoning ordinance? A. No Q. Why is the ordinance restrictive? A. If everyone in the district were allowed to comply voluntarily with the design guidelines, there really would be no reason to have a conservation district. The area would be depending on everyone to "do the right thing." Q. Why isn't there anything in the ordinance about demolitions or moving structures into or out of the district? A. Each district will address these concerns in their design guidelines. Q. If we become a Historic Conservation District, will the local government or my neighbors tell me what I can and can't do to my house? A. Each neighborhood will have its own design guidelines. Each property, new or existing, must comply with the guidelines agreed upon by their neighborhood. As guidelines are created, neighbors will have the opportunity to participate in the process and offer their opinions. As a general rule, anything visible from the street (not including general maintenance) or anything that would require a building permit from the city would require a Certificate Of Appropriateness. Q. What are design guidelines? A. Design guidelines assist property owners with new construction or rehabilitation of their homes. The guidelines will be written by each neighborhood applying for a conservation district. They will outline the approach to certain design issues. For example, the guidelines might address how far a building should be from the street or a maximum height (commercial or residential). Guidelines may also address inappropriate approaches, such as building a glass and steel structure in the midst of a neighborhood that consists of wooden bungalows. Q. Why have design guidelines? A. The guidelines outline an approach to design that will help sustain the character of the historic structures in a district. The intent is to provide information that property owners may use in making decisions about their property. The guidelines also provide the Historic Landmark Commission a basis for making informed, consistent recommendations. Protecting the conservation district's character and history is the main function of the guidelines. The guidelines represent a partnership among property owners in the district. When owners invest in the rehabilitation or construction of property, they like to know that their investment will be protected. Application of the guidelines is one part of that economic protection. Q. What is a Certificate of Appropriateness (COA)? A. A COA is a simple one-page form that the owner of a building fills out prior to major exterior renovations. It assures the Historic Landmark Commission and the Conservation District that the changes being made are appropriate and meet the design guidelines established by the district. General maintenance, such as replacing a screen door, painting, or roof repair will not require a COA unless specified in that particular district's guidelines. Q. What ifI don't want to be in the district or comply with the design guidelines? A. You should attend neighborhood meetings to see where the proposed boundaries are and participate in the process of defining the design guidelines. However, all houses that are in the final approved conservation district will be required to abide by the guidelines. Potential owners should be informed of the district and its restrictions prior to purchasing a home. Q. What if there are a lot of people that don't want to be in the district? A. A majority of the neighbors must support the ordinance for it to move forward. If20% of the neighbors oppose the district, it will require a super majority vote (6-1) from both Planning & Zoning and City Council. If there were a large number of people that are against forming a district, the Historic Landmark Commission would probably suggest more education, redrawing maps, or perhaps something less restrictive, such as a neighborhood association. Q. Will I get a tax break? A. Just being in a conservation district does not provide a specific tax exemption. If you receive a local historic designation on your home, you are eligible for a 50% exemption on your city taxes for 15 years. This is the same process for homes in a historic district. Q. If I'm in a district and want to remodel my house, what steps should I take? A. 1. Consult your district's guidelines to see if your repairs fall under general maiMenance. If so, you do not need to proceed to step 2, just begin your project. 2. If your remodel/renovation is a major, project you need to fill oM the one-page Certificate of Appropriateness and turn it iMo the City of DeMon's Historic Preservation Officer (the Historic Landmark Commission meets the second Monday of the month. To ensure a timely public hearing, please have the COA turned in by the first Monday of the month). 3. Attend the HLC meeting. If the COA is approved or approved with changes, secure the proper building permits and begin your project. If the COA is denied, you can work with your neighborhood design committee and HLC to modify your plans until they meet the guidelines. If you do not want to modify your plans, you may appeal any HLC decision to the City Council. Q. Why does Denton need a conservation district ordinance? A. As new neighborhoods are developed in DeMon, regulations dictate the type of buildings, size, setbacks, and materials that may be used, giving them a flavor or character of their own. Older neighborhoods were not built with these protections. One benefit of conservation districts is to provide older neighborhoods with similar protections. This ordinance will give older neighborhoods the opportunity to preserve their character and historic iMegrity and ensure new construction fits the architectural characteristics of the area. This page left blank intemionally. Agenda 02-023 07/23/02 #8 AGENDA INFORMATION SHEET AGENDA DATE: July 23, 2002 DEPARTMENT: Management and Budget ACM: Kathy DuBose, Assistam City Manager, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance of the City of DeNon authorizing an agreemem between the City of Denton, Texas and the Denton Festival Foundation for supplemental funding for the Arts and Jazz Committee for the 2003 Denton Arts and Jazz Festival; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND Council Member Perry McNeill has requested that $1,500 from his City Council comingency fund for FY2001-02 be provided to the DeNon Festival Foundation. This will provide funding for the purpose of purchasing insurance for the 2003 Denton Arts and Jazz Festival. Since public funds are being provided to an outside agency, an agreemem outlining the purpose for the expenditure and reporting requirements on the expenditure of funds is necessary. ESTIMATED SCHEDULE OF PROJECT The term of the agreement begins on July 23, 2002 and terminates upon completion of the 2003 festival. PRIOR ACTION/REVIEW None FISCAL INFORMATION The agreemem is for $1,500 and is funded from Council comingency accoum 160099.7750. EXHIBITS Ordinance/Agreemem Respectfully submitted: Anna Mosqueda Director of Management and Budget ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON FESTIVAL FOUNDATION FOR SUPPLEMENTAL FUNDING FOR THE ARTS AND JAZZ COMMITTEE FOR THE 2003 DENTON ARTS AND JAZZ FESTIVAL; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG FOR AN EFFECTIVE DATE. WHEREAS, the DeNon Festival Foundation (the "Organization") provides for the annual DeNon Arts and Jazz Festival including the 2003 Festival (the "Program"); and WHEREAS, the City Council of the City of DeNon hereby finds that the Program and the agreemem between the City and the Organization attached hereto and made a part hereof by reference (the "Agreemem") serve a municipal and public purpose including the promotion of tourism and economic development and the Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference imo the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreemem and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Agreemem. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EULINE BROCK, MAYOR AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION THIS AGREEMENT is made between the City of Demon, Texas, a municipal corporation (the "CITY"), and the Demon Festival Foundation, inc. a legal emity incorporated under the laws of the State of Texas (the "FOUNDATION"): WHEREAS, on September 4, 2001 the CITY and FOUNDATION entered into that certain agreement for the 2002 calendar year to provide for services related to the promotion of tourism which was funded with hotel and motel tax revenue (the "Hot Funds Agreemem"); and WHEREAS, a main purpose of the Hot Funds Agreement was to help implement the annual Demon Arts and Jazz Festival (the "Festival") held in April of 2002; and WHEREAS, the Foundation has requested supplememal funding for the 2003 Festival in addition to annual request for HOT funds; and WHEREAS, the Festival and this agreement serve an important public purpose in promoting tourism and economic development in Denton; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises comained herein, the CiTY and the FOUNDATION agree and contract as follows: i. PAYMENT 1.1 Consideration. For and in consideration of the activities to be performed by the FOUNDATION under this Agreement, the CITY agrees to pay to the FOUNDATION the sum of $1500.00 to be used to fund the FOUNDATION'S Arts and Jazz Committee for the 2003 Festival for the purpose of purchasing insurance for the evem. Paymem of the funds shall be made upon the effective date of this Agreemem. The funds provided herein are not Hotel Tax Revenue funds but are general funds of the CITY. ii. USE OF REVENUE 2.1 Use of Funds. For and in consideration of the payment by the CITY to the FOUNDATION of the agreed funds the FOUNDATION agrees to use such funds only for the purpose stated in Section 1.1 above. iii. RECORDKEEPiNG AND REPORTING REQUIREMENTS 3.1 Financial Records. The FOUNDATION shall maintain complete and accurate financial records of each expenditure of the funds made by the FOUNDATION. Upon reasonably advance written request of the Demon City Council, the City Manager or designate, or any other person, shall make such financial records available for inspection and review by the party making the request. FOUNDATION understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public Information Act, TEX. GOV'T CODE, ch. 552, as hereafter amended. 3.2 Notice of Meetings. The FOUNDATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of all meetings of FOUNDATiON's Board of Directors, as well as any other meeting of any constituency of the FOUNDATION at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the FOUNDATION to give notice of any executive session of the Executive Committee of the FOUNDATION. IV. TERM 4.1 Term. The term of this Agreement shall commence on the effective date and terminate upon completion of the 2003 Festival. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the FOUNDATION with another private entity, person, or organization for the performance of those services. In the event that the FOUNDATION enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the FOUNDATION shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. The FOUNDATION shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The FOUNDATION shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the FOUNDATION shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The FOUNDATION shall not be considered a partner or joint venturer with the CITY, nor shall the FOUNDATION be considered nor in any manner hold itself out as an agent or official representative of the CITY. 5.3 Indemnification. THE FOUNDATION AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE FOUNDATION OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF FOUNDATION, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVlTEES. Page 2 5.4 Assignment. The FOUNDATION shall not assign this Agreement without first obtaining the written consent of the CITY. 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY FOUNDATION City Manager City of Demon 215 E. McKinney Denton, TX 76201 Denton Festival Foundation, Inc. Carol Short Festival Coordinator P.O. Box 2104 Denton, Texas 76202-2104 5.6 Inurement. This Agreemem and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CiTY and the FOUNDATION and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreemem are subject to all applicable federal laws, state laws, the Charter of the City of Demon, all ordinances passed pursuam thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreemem shall prevail notwithstanding any variance in this Agreemem from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Duplicate Originals. This Agreemem is executed in duplicate originals. 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreemem are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. 5.11 Severability. If any section, subsection, paragraph, semence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competem jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreemem, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 5.12 Insurance. The FOUNDATION shall provide insurance as follows: $500,000 Commercial General Liability, or $1,000,000 Evem Insurance, covering all evems taking place on City-owned property Page 3 2. Statutory Workers' Compensation and Employers' Liability ($100,000/$500,000/$100,000) The CITY must be named as an additional insured on all policies (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY. EXECUTED to be effective the __ day of ,2002. THE CITY OF DENTON, TEXAS By: EULINE BROCK, MAYOR APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ATTEST: BY: By: JENNIFER WALTERS, CITY SECRETARY DENTON FESTIVAL FOUNDATION, INC. By: Chairman/Director ATTEST: APPROVED AS TO LEGAL FORM: By: Secretary S:\Our Documents\Contracts\02\Festival Foundation-supplemental.doc By: Page 4 Agenda 02-023 07/23/02 #9 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: July 23, 2002 Police ~- Jon Fortune, Assistant City Manager, Public Safety & Transportation SUBJECT Consider adoption of an Ordinance of the City of Demon, Texas, amending Ordinance No. 2001-232 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. BACKGROUND On April 11, 2001, a committee of Police Departmem employees was appoimed to provide recommendations for organizational changes toward the improvement of service delivery. These recommendations were presented to the Department's Senior Management Team, consisting of lieutenants, captains and the Chief. The Senior Management Team then developed strategies to address each of the recommendations and concerns of the committee. This process concluded that significant organizational changes were required to enhance service delivery and further the community policing philosophy. This proposed position ordinance reflects the recommended changes. Curremly, the Police Departmem consists of two divisions, Operations and Support Services. The Operations Division consists of the police patrol and criminal investigations functions. It was determined that citizens would be better served by dividing the Operations Division, thereby creating a third division, Special Operations. This division will enable the commanders and managers to better concentrate on the analysis of workload and more efficiem and effective deploymem of personnel and resources. The number of captain, or division commander positions will increase from two to three. The additional captain position will be made through the elimination of one lieutenant position, reducing the number of lieutenant positions from eight to seven. Additionally, the Special Operations Division will consist of the currem Family Services Unit, Criminal Investigations Section, and a newly created Special Operations Section. The Special Operations Section will include the Narcotics Unit, K-9 Unit, and Street Crimes Unit. The creation of this Section will require the addition of one sergeant through the promotion of one police officer position. At the request of the Demon lSD, the Police Departmem applied for, and received, a COPS in Schools gram. This gram provides funding to hire one additional police officer for assignment to the Touchstone Academy as a School Resource Officer. Total funding is $125,000 over the three-year gram period. Demon ISD has agreed to pay the City's required local match over the life of, the grant and fifty-percent of, the actual cost of, the assigned police officer after the gram expires. This increases the number of, police officer positions from 135 to 136. PRIOR ACTION/REVIEW The proposed changes in the classification of, police officers has been reviewed and approved by the Civil Service Commission. FISCAL IMPACT Denton lSD has agreed to pay the required local match f,or the 3-year grant, as well as 50% of'the actual costs when the grant expires. These positions are included in the proposed FY 2002-03 budget. Respectfully submitted, Charles Wiley Chief` of, Police Prepared by: Joanie Housewright Captain Support Services Division S:\Our D ocmm ent s\Or din an ces\02\Civil Service positions.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2001-232 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 July 17, 2001, the City Council passed Ordinance No. 2001-232 to implemem the recommendation of the Firefighters' and Police Officers' Civil Se~ice Commission of the City of Demon, Texas, upon the recommendation and request of the Director of Civil Service, Denton Police Department and Denton Fire Department, adopting and approving a schedule of Authorized Positions which relates to compensationand classification of police officers and fire fighters; and WHEREAS, since the passage of Ordinance No. 2001-232, the Police Departmem has determined that this ordinance needs to be amended to more correctly reflect the total number of Police Department positions: adds one captain position, removes one lieutenant position, adds one sergeant position, and adds one police officer (and Recruits) positions; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance 2001-232 is hereby amended by adopting the schedule prescribing the number of positions for each classification of police officer and fire fighter in the City of Demon, attached hereto and incorporated by reference herein as Exhibit A, is hereby approved. SECTION 2. That Ordinance 2001-232 and all prior ordinances or resolutions of the City of Denton, Texas, in conflict herewith are repealed to the extent of any such conflict. SECTION 3. That this ordinance shall become effective immediately upon its pasage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR S:\Our D ocmm ent s\Or din an ces\02\Civil Service positions.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Onr D ocmm ent s\Or din an ces\02\Civil Service positions.doc EXHIBIT A CITY OF DENTON SCHEDULE OF AUTHORIZED POSITIONS POLICE DEPARTMENT The Police Department is authorized 136 positions as follows: Chief of Police Captain Lieutenant Sergeant Police Officer (and Recruits) TOTAL 1 3 7 15 110 136 FIRE DEPARTMENT The Fire Department is authorized 131 positions as follows: Fire Chief Division Chief Battalion Chief-Operations Battalion Chief-EMS Manager Battalion Chief-Info Services Manager Captain Captain-Logistics Maintenance Officer Driver Fire Fighter (and Recruits) TOTAL 1 1 3 1 1 21 1 36 66 131 This page left blank intemionally. Agenda 02-023 07~23~02 AGENDA INFORMATION SHEET #10 AGENDA DATE: DEPARTMENT: ACM: July 23, 2002 Library System Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance of the City of Demon, Texas, authorizing an Imerlocal Agreemem between the City of Demon, Texas and University of North Texas to provide a volunteer coordinator for the Denton Community Network to build a training program for volunteers; authorizing the expenditure of funds; and providing an effective date. BACKGROUND The Demon Public Library represeming the Denton Community Network was awarded a Community Networking 2 Grant from the Telecommunications Infrastructure Fund Board in the amoum of $500,000 on March 19, 2002. Gram funds will enable the Demon Public Library along with a broad-based range of twelve (12) community groups and organizations to share information in a multi-purpose and community-based network. The Demon Community Network will provide for the placement of Internet-connected public- access computer workstations and training in highly used areas of the community and a large, interactive Distance Learning Center at the new North Branch Library. This agreemem will allow us to use gram funds to contract with the University of North Texas to provide a Volumeer Coordinator for the Demon Community Network to build a training program for volunteers. PRIOR ACTION/REVIEW (Council, Boards, Commission) The gram application was approved by the City Manager on September 20, 2001 and emhusiastically endorsed by the Demon Public Library Board. FISCAL INFORMATION In consideration of UNT's provision of volumeer coordination and training, gram funds will pay to UNT a fee not to exceed $12,000 to be paid on a momhly basis. Respectfully submitted: Eva Poole Director of Libraries ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND UNIVERSITY OF NORTH TEXAS TO PROVIDE A VOLUNTEER COORDINATOR FOR THE DENTON COMMUNITY NETWORK TO BUILD A TRAINING PROGRAM FOR VOLUNTEERS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute, on behalf of the City, an imerlocal Cooperation Agreemem between the City of Demon, Texas and the University of North Texas to provide a Volunteer Coordinator for the Demon Community Network to build a training program for volunteers, substantially in accordance with the interlocal Cooperation Agreement which is attached hereto and incorporated by reference herein. SECTION 2. That the expenditure of funds by the City as set forth in the interlocal Cooperation Agreement is hereby authorized. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULiNE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between the UNIVERSITY OF NORTH TEXAS (hereinafter "UNT"), a Texas State University, and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter "CITY"), acting by and through, and under the authority of their respective governing bodies; and WHEREAS, the UNT and CITY are governmental entities both of whom have the authority to perform the services set forth in this Agreement individually and who mutually desire to enter into an interlocal agreement, which is authorized by Chapter 791 of the Texas Government Code (Vernon 1994), in order to maximize the benefits derived from each taxpayer dollar; and WHEREAS, the CITY is a member of a collaborative effort to develop a community network that provides increased access to shared information resources and its application for grant money to help develop the community network was granted; and WHEREAS, the application of grant money projected that volunteers would be a focal point for being able to reach out and deliver the services to allow more members of the community access to current technology; and WHEREAS, the ability to develop a sustainable volunteer training program to train volunteers in order to sustain continued volunteer involvement is essential; and WHEREAS, UNT through its Center for Public Service can provide qualified personnel to provide these services; and WHEREAS, this Agreement serves important public purposes in providing library and public information services to the constituents of the CITY; and WHEREAS, UNT and CITY agree that alt payments made in connection with the governmental functions provided for by this Agreement shall be made from current revenues available to the paying party and the payments received are adequate and fairly compensate the parties for the services performed; and WHEREAS, the Interlocal Cooperation Act, now contained in Chapter 791 of the Texas Government Code (Vernon 1994), authorizes the UNT and CITY to enter int° this Agreement for the purpose of achieving the governmental functions and providing the services represented by this collective, cooperative undertaking. NOW THEREFORE, the UNT and CITY, for and inconsideration of the premises and the mutual covenants set forth herein do hereby AGREE as follows: ARTICLE 1 INCORPORATION OF PREAMBLES All matters and recitations stated in the preamble of this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes. ARTICLE 2 PURPOSE The purpose of this Agreement is, as described in the preamble, to evidence the agreement of the UNT and CITY to provide for the FTE Volunteer Coordinator whose duties being generally described in Exhibit "A" attached hereto and incorporated herein by reference. ARTICLE 3 TERM The term of this Agreement shall commence on the date on which all parties hereto have executed this Agreement (the "Effective Date") and shall continue for a period of 12 months or until terminated earlier in accordance with Article 8. ARTICLE 4 SCOPE OF SERVICES The CITY hereby contracts with LINT, as an independent contractor, and that UNT hereby agrees to provide the services herein described. Providing FTE Volunteer Coordinator to be responsible for building a sustainable volunteer training program for the community network project. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits, ARTICLE 5 COMPENSATION In consideration for UNT's provision of a volunteer coordinator, CITY will pay to UNT a fee not to exceed TWELVE THOUSAND DOLLARS AND NO CENTS to be paid on a monthly basis at ONE THOUSAND DOLLARS AND NO CENTS. If contract terminated earlier pursuant to Article 8 UNT shall be paid on for services provided at a pm rata rate. ARTICLE 6 INDEPENDENT CONTRACTOR UNT shall provide services to CITY as an independent contractor, not as an cmploycc of thc CITY. UNT shall not have or claim any right arising from employee status. Nothing in this Agreement shall be interpreted or construed so as to make LINT an employee, agent, or borrowed servant of the CITY. Nothing in this Agreement shall be interpreted or construed so as to make the employees of the CITY the servants, agents, or employees of UNT. CITY and the employees of the CITY shall not be eligible for the employment benefits, including health and unemployment insurance, and worker's compensation coverage, which are provided to employees of UNT. ARTICLE 7 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE 8 TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. This Agreement shall terminate automatically upon either party's loss oflicensure or certification, or upon the effective date of any change in statute, ordinance, rule or regulation or action of governmental authority prohibiting this arrangement or the services contemplated hereunder. ARTICLE 9 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To LINT : To CITY: Denton, Texas City of Denton Eva Poole Denton Public Library 502 Oakland Street Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 10 ENTIRE AGREEMENT This Agreement, consisting of__ pages and__ exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 11 SEVERABILITY if any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to express!ng the intention of the stricken provision. ARTICLE 12 COMPLIANCE WITH LAWS UNT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 13 DISCRIMINATION PROHIBITED In performing the services required hereunder, UNT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 14 PERSONNEL UNT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. UNT shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. All services required hereunder wilt be performed by UNT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 15 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the fights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 16 MISCELLANEOUS The following exhibits are attached to and made a part of this Agreement: Exhibit "A" Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. Force Majeure. Neither party shall be in violation of this Agreement if either party is, or if either party reasonably determines that it is, prevented from performing its obligations for any reason beyond its control, including without limitation, flood, storm, strikes, acts of God or the public enemy. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and UNT has executed this Agreement through its duly authorized undersigned officer on this the day of ., 2002. UNIVERSITY OF NORTH TEXAS CITY OF DENTON By: By: Phillip C. Diebel Vice President for Finance and Business Affairs Euline Brock Mayor ATTEST: ATTEST: Secretary, University of North Texas State of Texas City Secretary, City of Denton APPROVED AS TO LEGAL FORM Richard S. Rares, General Counsel APPROVED AS TO LEGAL FORM Herbert L. Prouty, City Attorney By: Exhibit A University of North Texas Volunteer Coordination Implementation for Denton Community Network The Center for Public Service at the University of North Texas will contract the services listed below to the Denton Community Network for 12 months. The contract will employ 24% of UNT's Service Learning Coordinator's time for an estimated $9500.00. UNT Service-Learning Office (Center for Public Service) will do the following: 1. Develop sustainable volunteer program through creation of volunteer committee (August 2002) 2. Create a plan for recruiting volunteers (August 2002) 3. Create policies, procedures, and record keeping systems (September 2002) 4. Create risk management policy for volunteers (September 2002) 5. Create Volunteer Manual (October 2002) 6. Schedule Volunteer Orientations and Trainings (as needed by Network sites) 7. Plan Volunteer Recognition event (April 2003) 8. Handle calls pertaining to volunteerism 9. Report volunteer activity as required 10. Publicize volunteer opportunities regularly as determined by committee This page left blank intemionally. Agenda 02-023 07~23~02 AGENDA INFORMATION SHEET #11 AGENDA DATE: DEPARTMENT: ACM: July 23, 2002 Library System Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption an Ordinance of the City of Demon, Texas, authorizing an Imerlocal Agreemem between the City of Demon, Texas and Texas Woman's University to provide a final project evaluation for the Demon Community Network; authorizing the expenditure of funds; and providing an effective date. BACKGROUND The Demon Public Library represeming the Denton Community Network was awarded a Community Networking 2 Grant from the Telecommunications Infrastructure Fund Board in the amoum of $500,000 on March 19, 2002. Gram funds will enable the Demon Public Library along with a broad-based range of twelve (12) community groups and organizations to share information in a multi-purpose and community-based network. The Denton Community Network will provide for the placement of Internet-connected public- access computer workstations and training in highly used areas of the community and a large, interactive Distance Learning Center at the new North Branch Library. This agreement will allow us to use grant funds to contract with Texas Woman's University for a final project evaluation of the Demon Community Network. PRIOR ACTION/REVIEW (Council, Boards, Commission) The gram application was approved by the City Manager on September 20, 2001 and emhusiastically endorsed by the Demon Public Library Board. FISCAL INFORMATION In consideration for TWU's provision of project evaluation, gram funds will pay to TWU a fee not to exceed $4,000. Respectfully submitted: Eva Poole Director of Libraries ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE A FINAL PROJECT EVALUATION FOR THE DENTON COMMUNITY NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROViDiNG AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute, on behalf of the City, an imerlocal Cooperation Agreemem between the City of Demon, Texas and the Texas Woman's University to provide a final project evaluation for the Demon Community Network, substantially in accordance with the interlocal Cooperation Agreement which is attached hereto and incorporated by reference herein. SECTION 2. That the expenditure of funds by the City as set forth in the interlocal Cooperation Agreement is hereby authorized. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULiNE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Ordina2ces\02\lnterlocal Agrmt-TWU-Library community network.doc s:/our documentteontracts/02/libraryin~erlocaltwuproj ectevaluation~doc INTERLOCAL AGREEMENT THIS AOREEMENT is made and entered into by and between the TEXAS WOMAN'S UNIVERSITY (hereinafter "TWU"), a Texas State University, and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter "CITY"), acting by and through, and under the authority of their respective governing bodies; and WHEREAS, the TWU and CITY are governmental entities both of whom have the authority to perform the services set forth in this Agreement individually and who mutually desire to enter into an intefloeal agreement, which is authorized by Chapter 791 of the Texas Government Code (Vernon 1994), in order to maximize the benefits derived from each taxpayer dollar; and WHEREAS, the CITY is a member of a collaborative effort to develop a community network that provides increased access to shared information resources and its application for grant money to help develop the community network was granted; and WHEREAS, the application of grant money required a project evaluation; and WHEREAS, TWU can provide qualified personnel to provide these services; and WHEREAS, this Agreement serves important public purposes in providing library and public information services to the constituents of the CITY; and WHEREAS, TWU and CITY agree that all payments made in connection with the governmental functions provided for by this Agreement shall be made from current revenues available to the paying party and the payments received are adequate and fairy compensate the parties for the services performed; and WHEREAS, the Interlocal Cooperation Act, now contained in Chapter 791 of the Texas Government Code (Vernon 1994), authorizes the TWU and CITY to enter into this Agreement for the purpose of achieving the governmental functions and providing the services represented by this collective, cooperative undertaking. NOW THEREFORE, the TWU and CITY, for and inconsideration of the premises and the mutual covenants set forth herein do hereby AGREE as follows: ARTICLE 1 INCOKPORATION OF PREAMBLES All matters and recitations stated in the preamble of this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes. ARTICLE 2 1 The purpose of this Agreement is, a.s described in the preamble, to evidence the agreement of the TWU and CITY to provide for final project evaluation which is generally. described in Exhibit "A' attached hereto and incorporated herein by reference. ARTICLE 3 TERM The term of this Agreement shall commence on the date on which all parties hereto have executed this Agreement (the "Effective Date") and shall continue until terminated in accordance with Article 8. ARTICLE 4 SCOPE OF SERVICES The CITY hereby contracts with TWU, as an independent contractor, and that TWU hereby agrees to provide thc services herein described. Providing a project evaluation Of the community network system· aS required by the grant application. ........... If there is any conflict, between, the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits. ARTICLE 5 COMPENSATION 'In consideration.for TWU's'provision of a volunteer coordinator; CITY will pay.to TWU a fee not to exceed'FOUR THOUSAND DOLLARS AND NO CENTS. ARTICLE 6 INDEPENDENT CONTRACTOR TWU shall provide services to CITY as an independent contractor, not as an employee of the CITY. TWU shall not have or claim any right arising from employee status. Nothing in this Agreement shall be interpreted .or construed so as to make TWU an employee, agent, or borrowed servant of the CITY. NotNng in this Agreement shall be interpreted or construed so as to make the employees of the CITY the servants, agents, or employees of TWU. CITY and the employees of the CITY shall not be eligible for the employment benefits, including health and unemployment insurance, and worker's compensation coverage, which are provided to employees of TWU. ARTICLE 7. 2 s:/our do~umentlconlra~s/02/libraryint~rlocaltwuprojacl~valuafiomdo~ ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by subn~tting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE $ TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under ~S Agreement, No such te~ati.on will be affected unless the other party is given (!) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. This Agreement shall terminate automatically upon either party's loss of licensure or certification, or upon the effective date of any change in statute, ordinance, role or regulation or action of governmental authority prohibiting this an'angement or the services contemplated hereunder. ARTICLE 9 NOTICES All notices, communications, and reports required or permitted under this Agreement · shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise .... specified herein.. Mailed notices shall be deemed communicated as of three (3) days' mailing: To TWIg: To CITY: Dr. Sondra Fersfl Office of Research & Ch'ants Administration Texas Woman's University P.O. Box 425619 TWU Sta, Denton, Texas 76204 City of Denton Eva Poole Denton Public Library 502 Oakland Street Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given,, or within three (3). days' mailing. . s:/our documenl/conlracts/0gflibraryinterloealtwuproj ect~valuatiorc doc ENTIRE AGREEMENT This Agreement, consisting of~ pages and ~ exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE ! 1 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 12 COMPLIANCE WITH LAWS TWU shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 13 DISCRIMINATION PROHIBITED In performing the services required hereunder, TWIJ shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 14 PERSONNEL TWU represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. TWU shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. It is expected that Dr. Susan Ward will the main employee assigned to do the evaluation. All services required hereunder will be performed by TWU or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. s:/our &~um~n~ff~onlra~ffO2/library~t~rlo~llwuproj~valuation.do~ ARTICLE 15 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising botween the parties hereto out of or affecting this Agreement, or the fights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 16 MISCELLANEOUS The following exhibits.are attached to and made apart of this Agreement: Exhibit "A" Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shah be construed in accordance with the laws of the State of Texas. Force Majeure. Neither party shall be in violation of this Agreement if either party is, or if either party reasonably determines that it is, prevented from performing its obligations for any reason beyond its control, including without limitation, flood, storm, strikes, acts of God or the public enemy. The. captions of this Agreement, are. for. informational, purposes:only; and. shall not in any way affect the substantive terms or conditions of this Agreement, IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly· authorized ·City Manager, and TWU has executed this Agreement through its duly authorized undersigned officer on this the day of ,2002. TEXAS WOMAN? S UNIVERSITY ....... Lois C. Smith Interim Provost cITy OF DENTON By: Euline Brock Mayor : .................. ATTEST: .................... ATTEST: Susan Ward TeXas Woman's University ' ....... State of Texas City Secretary, City of Denton APPROVED AS TO LEGAL FORM John Lawhon, General Counsel APPROVED AS TO LEGAL FORM Herbert L. Prouty, City Attorney Denton Community Network Evaluation Plan Attachment Evaluation Questions, Strategies, and Specific Tasks Includin~ The Individuals Responsible and Schedule of Reports, Purpose of the Contract Process (Planning), impact (short-term), and outcome (long-term) evaluations will be conducted to measure the success of the Denton community Ne~ork project. An evaluation team from Texas Woman's University will conduct the external evaluation work. The Project Director will conduct internal evaluations. Dr. Susan Ward, Professor and Chair of the Department of Health Studies at Texas Woman's University will oversee the project evaluation. The evaluation questions follow: Evaluation Questions Process (Planning and operation) I. Were public meetings well publicized throughout the community? 2. Were comments received from individuals representing ail community subgroups? and living areas? 3. Were survey translations conducted in such a way that instrument validity and reliability were maintained? 4, Are the access sites maintained adequately? 5. What perceptions do Denton citizens hold about the Denton Community Network? Impact 1, What is the increase in the number of public use Interact workstations from beginning to end of the project. 2, How many community organizations are linking or sharing information on the Denton Community Network? 3. How many onsite training sessions including the.number of people involved have been conducted? 4. How many online training sessions have been utilized7 5. Were participants satisfied with their training? Outcome 1, How many citizens access information through the Denton Community Network? 2. How has Denton Community Network served individuals in the community? Data Collection Data will be collected in a variety of ways using a combination of qualitative and quantitative methods, The proposed evaluation methods corresponding to the evaluation questions follow, The evaluation team will comply also with any evaluation requirements determined by the Telecommunications Infrastructure Fund Board. 1. All advertising and survey distribution sites will be tracked and mapped, Any areas of the community that have been left out will be identified and the Leadership Committee will be notified. The Leadership Committee will then make certain that the problem is resolved. Dr, Susan Ward, Dr. Roger Shiptey and a work study stud©hr from TWU will perform the following tasks. a. Identify individual who will be conducting the advertising. b. List advertising strategies and target populations. c. Map areas of community covered by distribution plan. d. Identify areas of community that might have been missed. e. Report to Leadership Committee on a quarterly basis beginning September 30, 2O02. 2, BaCk translation will be utilized to ensure the validity of the survey instruments that are translated. This is a process in which bilingual individuals fa'st translate the instrument to the target language and then others translate it back to English. A valid instrument will retain the same meaning throughout the process, Other measures that will be used to ensure the validity and reliability of the survey instruments will include reviews by panels of experts and estimation of internal consistency through a pilot study, instruments will be adjusted until they are reliable and valid. Dr, Susan Ward, Dr, Roger Shipley and a work study student from TWU will perform the following tasks. a. Describe the instrument development process for the initial instrument in report format. Identify the strategies used to determine validity. b. List instruments (surveys) that will be used in the future and the individuals responsible for the development. ¢. Assist instrument developers in determining validity. d. Report to the leadership committee on a quarterly basis beginning on September 30, 2002, 3. A record of Internet workstation problems will be kept so that an appropriate maintenance schedule can be identified. Once the schedule has been identified, maintenance records will be kept. The Leadership Committee wilI be informed if schedules are not met or if more frequent maintenance is required at specific sites. They will oversee changes in maintenance schedules, Dr. Susan Ward, Dr. Roger ShipIey and a work study student fi.om TWU will perform the following tasks. a. Create a workstation problem log or assist in its creation. b. Disseminate log at workstation sites. c. Identify individuals who will complete the logs and return them to TWU. d. Analyze problem types and create a maintenance schedule. e. Report to the Leadership Committee on a quarterly basis. 4. Four focus groups will be conducted though out the grant period. The purpose of the focus groups will be to ascertain the level of awareness of the project and the perceptions held about it. Volunteer Denton citizens will be used in the focus groups, Should focus group data show that Denton citizens are not aware of the project, the Leadership Committee will be notified so that they can improve promotion of the network. Dr. Susan Ward, Dr. Roger Shipley and a work study student fi.om TWU will perform the following tasks, a. Conduct one focus group in the fall of 2002 and one in the spring of 2003. b. Analyze the results of the discussions c. Report them to the Leadership Committee beginning in December 20021. Impact 1, The number of operational Interact workstations will be tracked, Pre and post program numbers will be compared. This number should increase over time. Dr. Susan Ward, Dr. Roger Shipley and a work study student from TWU will perform the following tasks. d. Create a participation log or assist in its creation. e. Disseminate log at workstation sites. f. Idemify individuals who will complete the logs and return them to TWU. g. Analyze partioipafion rates. h. Report to the Leadership Committee on a quarterly basis. 5. The number and types of community organizations linking with the Denton Community Network will be tracked monthly. The number should increase over time. Dr. Susan Ward, Dr. Roger Shipley and a work study student from TWU will perform the following tasks. a. Create a create a community organization participation chart or assist in its creation. b. Identify the individual who will complete the chart and return it to TWU.. c. Report to the Leadership Committee on a quarterly basis beginning in September 2002. 6. The number ofonsite training sessions will be tracked and the number of individuals participating in the training sessions will be recorded~ Dr, Susan Ward, Dr. Roger Shipley and a work study student from TWU will perform the following tasks. a. Create a create a training session participation log or assist in its creation. b. Identify the individuals who will complete the chart and return it to TWU_ c. Report to the Leadership Committee on a quarterly basis beginning in Soptember 2002. 7. The number of individuals utilized online training sessions will be recorded automatically when the program is accessed. Dr. Susan Ward, Dr. Roger Shipley and a work study student from TWU will perform the following tasks, a. Identify the individuals who will collect data on online use and forward it to TWU.. b. Report to the Leadership Committee on a quarterly basis beginning in September 2002. 8. Satisfaction surveys will be used ai~er each training session. Future training sessions will be revised according to participant comment. Dr. Susan Ward, Dr, Roger Shipley and a work study student from TWU will perform the following tasks. a. b. Co Create a participant satisfaction survey or assist in its creation, Identify the individuals who will make certain that participants give our surveys and return them to TWU. Analyze satisfaction data. Report to the Leadership Committee on a quarterly basis beginning in September 2002. Outcome 1. The number of individuals using the workstations will be recorded and reported on a monthly basis. 2~ At least 20 citizens who have accessed a workstation will be interviewed to ascertain their perc~tions of the benefits of the Denton Community Network to them as individuals. This portion of the project will be conducted after the first year of the project. Evaluation Results and Reports Quantitative data wilt be analyzed using SPSS PC, Descriptive statistics will be Used primarily but t-tests or ANOVAs will be used when necessary to make statistical comparisons. A quarterly evaluation report will be written and given to the Leadership Committee. The first report will be due on September 30, 2002 and then a report will be due at the end of each 3-month period. Evaluation Budget Total Amoum $4,000. Personnel Dr. Susan Ward Fringe Benefits Total personnel Wages Temp 6% of 9 month salary 2554. t 7% of salary 434 I00 hours at $10,00/hour $I000 This page left blank intemionally. Agenda 02-023 07/23/02 #12 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: July 23, 2002 Library System Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance of the City of Demon, Texas, authorizing an Imerlocal Agreemem between the City of Demon, Texas and North Cemral Texas College (NCTC) to provide class training and assistance to volunteer coordinator for the Denton Community Network; authorizing the expenditure of funds, and providing an effective date. BACKGROUND The Demon Public Library represeming the Denton Community Network was awarded a Community Networking 2 Grant from the Telecommunications Infrastructure Fund Board in the amoum of $500,000 on March 19, 2002. Gram funds will enable the Demon Public Library along with a broad-based range of twelve (12) community groups and organizations to share information in a multi-purpose and community-based network. The DeNon Community Network will provide for the placemem of Imernet-connected public- access computer workstations and training in highly used areas of the community and a large, imeractive Distance Learning Cemer at the new North Branch Library. This agreemem will allow faculty of the North Cemral Texas College to provide training for the Demon Community Network's volumeers. Additionally, fees paid to NCTC will manage curriculum development cost, class preparation costs, instructional costs, troubleshooting, and volunteer consultation and mentoring. PRIOR ACTION/REVIEW (Council, Boards, Commission) The gram application was approved by the City Manager on September 20, 2001 and emhusiastically endorsed by the Demon Public Library Board. FISCAL INFORMATION In consideration of NCTC's provision ofvolumeer training, the gram will pay a fee not to exceed $18,000 to be billed quarterly. Respectfully submitted: Eva Poole Director of Libraries ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND NORTH CENTRAL TEXAS COLLEGE (NCTC) TO PROVIDE CLASS TRAINING AND ASSISTANCE TO VOLUNTEER COORDINATOR FOR THE DENTON COMMUNITY NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROViDiNG AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute, on behalf of the City, an imerlocal Cooperation Agreemem between the City of Demon, Texas and North Central Texas College (NCTC) to provide class training and assistant to volunteer coordinator for the Denton Community Network, substantially in accordance with the interlocal Cooperation Agreement which is attached hereto and incorporated by reference herein. SECTION 2. That the expenditure of funds by the City as set forth in the interlocal Cooperation Agreement is hereby authorized. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULiNE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Ordina2ces\02\lnterlocal Agrmt-NCTC-Library community network.doc s:/our document/¢ontracts/02/libraryinterlocalnctctraining, doe INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between the NORTH CENTRAL TEXAS COLLEGE (hereinafter "NCTC"), a Texas Public Junior College, and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter "CITY"), acting by and through, and under the authority of their respective governing bodies; and WHEREAS, NCTC and CITY are governmental entities both of whom have the authority to perform the services set forth in this Agreement individually and who mutually desire to enter into an interlocat agreement, which is authorized by Chapter 791 of the Texas Government Code (Vernon 1994), in order to maximize the benefits derived from each taxpayer dollar; and WHEREAS, the CITY is a member of a collaborative effort to develop a community network that provides increased access to shared information resources and its application for grant money to help develop the community network was granted; and WHEREAS, the application of grant money provides funds for the training of volunteers; and WHEREAS, NCTC can provide these training services; and WHEREAS, this Agreement serves important public purposes in providing library and public information services to the constituents of the CITY; and WHEREAS, NCTC and CITY agree that all payments made in connection with the governmental functions provided for by this Agreement shall be made from current revenues available to the paying party and the payments received are adequate and fairly compensate the parties for the services performed; and WHEREAS, the Interlocal Cooperation Act, now contained in Chapter 791 of the Texas Government Code (Vernon 1994), authorizes the NCTC and CITY to enter into this Agreement for the purpose of achieving the governmental functions and providing the services represented by this collective, cooperative undertaking. NOW THEREFORE, the NCTC and CITY, for and in consideration of the premises and the mutual covenants set forth herein do hereby AGREE as follows: ARTICLE i INCORPORATION OF PREAMBLES All matters and recitations stated in the preamble of this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes. ARTICLE 2 1 s:/our document/¢ontraets/O2/libraryinterlocalnetetraining, doe PURPOSE The purpose of this Agreement is, as described in the preamble, to evidence the agreement of the NCTC and CITY to provide for training services which is generally described in Exhibit "A" attached hereto and incorporated herein by reference. ARTICLE 3 TERM The term of this Agreement shall commence on the date on which all parties hereto have executed this Agreement (the "Effective Date") and shall continue until terminated in accordance with Article 8. ARTICLE 4 SCOPE OF SERVICES The CITY hereby contracts with NCTC as an independent contractor, and that NCTC hereby agrees to provide the services herein described. Providing a project evaluation of the community network system as required by the grant application. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits. ARTICLE 5 COMPENSATION In consideration for NCTC's provision of volunteer training, CITY will pay to NCTC a fee not to exceed EIGHTEEN THOUSAND DOLLARS AND NO CENTS to be paid pursuant to terms listed in Exhibit A and B which are incorporated herein. ARTICLE 6 INDEPENDENT CONTRACTOR NCTC shall provide services to CITY as an independent contractor, not as an employee of the CITY. NCTC shall not have or claim any right arising from employee status. Nothing in this Agreement shall be interpreted or construed so as to make NCTC an employee, agent, or borrowed servant of the CITY. Nothing in this Agreement shall be interpreted or construed so as to make the employees of the CITY the servants, agents, or employees of NCTC. CITY and the employees of the CITY shall not be eligible for the employment benefits, including health and unemployment insurance, and worker's compensation coverage, which are provided to employees of NCTC. s:/our document/contracls/02/iibraryinterlocalnctctraining, d o c ARTICLE 7 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE 8 TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. This Agreement shall terminate automatically upon either party's loss of licensure or certification, or upon the effective date of any change in statute, ordinance, rule or regulation or action of governmental authority prohibiting this arrangement or the services contemplated hereunder. ARTICLE 9 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To NCTC : To CITY: Denton, Texas City of Denton Eva Poole Demon Public Library 502 Oakland Street Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. s:/our documentJconlracts/02,qibraryinterloc alnctctrainin g.do¢ ARTICLE 10 ENTIRE AGREEMENT This Agreement, consisting of__ pages and ~ exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof, ARTICLE 11 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 12 COMPLIANCE WITH LAWS NCTC shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 13 DISCRIMINATION PROHIBITED In performing the services required hereunder, NCTC shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 14 PERSONNEL NCTC represents that it has or wilt secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. NCTC shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. It is expected that Dr. Susan Ward will the main employee assigned to do the evaluation. All services required hereunder will be performed by NCTC or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. 4 s:/our docuraenffcontract.q02/libraryinterlocalnctetraining.do e ARTICLE 15 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 16 MISCELLANEOUS The following exhibits are attached to and made a part of this Agreement: Exhibit "A" Exhibit "B" Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. Force Majeure. Neither party shall be in violation of this Agreement if either party is, or if either party reasonably determines that it is, prevented from performing its obligations for any reason 'beyond its control, including without limitation, flood, storm, strikes, acts of God or the public enemy. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and NCTC has executed this Agreement through its duly authorized undersigned officer on this the day of ,2002. NORTH CENTRAL TEXAS COLLEGE CITY OF DENTON By: By: Euline Brock Mayor s:/our documenffcontrack, t02/libraryinterlocalnctctraining, doc ATTEST: ATTEST: Secretary, North Central Texas College State of Texas City Secretary, City of Denton APPROVED AS TO LEGAL FORM , General Counsel APPROVED AS TO LEGAL FORM Herbert L. Prouty, City Attorney By: EXHIBIT A As specified in this grant, North Central Texas College will provide training for Denton Community Network Volunteers 12 instructional hours per quarter. Additionally, fees paid to NCTC wilt manage curriculum development cost, class preparation costs, instructional costs, troubleshooting, and volunteer consultation and mentoring. Volunteer training will be divided into three topic areas: · CTC organization o Set up and Organization o Working with participants and dealing with demands o Denton Community Network house roles o Record keeping Direct Services o Foundation series ,, First Time Users · Care & Feeding of your Computer ,, Email basics o Introduction to the Interact o Office Applications o Other topics as requested or needed by DCN volunteers · Volunteer consultation and mentoring In consideration for NCTC's provision of volunteer training, CITY wilt pay to NCTC a fee not to exceed EIGHTEEN THOUSAND DOLLARS AND NO CENTS to be billed quarterly with the initial 25% due on signing date. Exhibit B ANNUAL COST: ..................................... Volunteer CTC Staff Training $4,500 per quarter X 4 quarters $18,000 PER QUARTER COST: ......................................... $4,500 CTC Organization ................................................................. $1,260 Direct Services ................................................................... $1,260 Volunteer Consultation and Mentoring- ..................................... $1,050 Ail Class Preparations/Curriculum Development- ......................... $930 and Consultation/Mentoring Response Agenda 02-023 07/23/02 AGENDA INFORMATION SHEET #13 AGENDA DATE: DEPARTMENT: ACM: July 23, 2002 Library System Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance of the City of Demon, Texas, authorizing a Project Managemem Agreement between the City of Denton, Texas and the Katunigan Company to provide project management and web development services for the Denton Community Network; authorizing the expenditure of funds, and providing an effective date. BACKGROUND The Demon Public Library represeming the Demon Community Network was awarded a Community Networking 2 Grant from the Telecommunications Infrastructure Fund Board in the amount of $500,000 on March 19, 2002. Gram funds will enable the Demon Public Library along with a broad- based range of twelve (12) community groups and organizations to share information in a multi- purpose and community-based network. The Demon Community Network will provide for the placement of Internet-connected public-access computer workstations and training in highly used areas of the community and a large, imeractive Distance Learning Center at the new North Branch Library. This agreemem will allow The Katunigan Company to provide project managemem, web development, and equipment configuration throughout the implementation of the Denton Community Network. PRIOR ACTION/REVIEW (Council, Boards, Commission) The gram application was approved by the City Manager on September 20, 2001 and emhusiastically endorsed by the Demon Public Library Board. FISCAL INFORMATION In consideration of The Katunigan Company's provision of project managemem, web developmem, and equipmem configuration, the grant will pay a fee not to exceed $85,870 to be invoiced on a momhly basis. Respectfully submitted: Director of Libraries ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND KATUNIGAN COMPANY TO PROVIDE PROFESSIONAL SERVICES AS PROJECT MANAGER, WEB DEVELOPMENT, AND CONFIGURATION OF COMPUTER SYSTEMS FOR THE DENTON COMMUNITY NETWORK; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to engage Katunigan Company., to provide professional services to be the project manager, to do web development, and computer systems configuration for Denton Community Network; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with Katunigan Company.; in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of the company and the demonstrated ability of the company to perform the services needed by the City for a fair and reasonable price. SECTION3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Ordinances\02\Kamnigan Company.doc PROJECT MANAGEMENT AGREEMENT FOR COMMUNITY NETWORK IMPLEMENTATION STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of ,2001, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "CITY" and THE KATUNIGAN COMPANY, 1828 Broadway Street, Denton, Texas, 76201-2561, hereinafter called "CONTRACTOR," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT The CITY hereby contracts with CONTRACTOR, as an independent contractor, and that CONTRACTOR hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: Providing project management service for the community network plan as more particularly described in Exhibit "A" which is attached hereto and providing web development and equipment configuration services associated with the community network management which is described in Exhibit "B"and attached hereto. ARTICLE 2 SCOPE OF SERVICES The CONTRACTOR shall perform the following services in a professional manner: mo CONTRACTOR shall perform all those services necessary to coordinate all of the activities of the Community Network Project including but not limited to coordinating purchasing activities, communications, installation, configuration and scheduling of services under the guidance of the Project Director which is describe in Exhibit "A", "B", which is attached hereto and made a part hereof as if written word for word. S:/ourdocuments/contracts/02/librarycommunity network project management.doc 1 Bo If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits. ARTICLE 3 PERIOD OF SERVICE This Agreement shall become effective upon , 2002 after proper execution by the parties, and shall remain in force for a period of one year. This Agreement may be sooner terminated in accordance with the provisions hereof. ARTICLE 4 COMPENSATION A. COMPENSATION TERMS: In consideration for CONTRACTOR's provision of planning support and consultation services under this Agreement, CITY will pay to CONTRACTOR a fee not to exceed FIFTY FOUR THOUSAND SIX HUNDRED DOLLARS AND NO CENTS to be invoiced on a monthly basis. The CONTRACTOR shall also be paid for services to do web development in an amount not to exceed TWENTY SIX THOUSAND TWO HUNDRED SEVENTY DOLLARS AND NO CENTS to be invoiced on a monthly basis and for equipment configuration for an amount not to exceed FIVE THOUSAND DOLLARS AND NO CENTS to be invoiced on a monthly basis. ARTICLE 5 INDEPENDENT CONTRACTOR CONTRACTOR shall provide services to CITY as an independent contractor, not as an employee of the CITY. CONTRACTOR shall not have or claim any right arising from employee status. Nothing in this Agreement shall be interpreted or construed so as to make CONTRACTOR an employee, agent, or borrowed servant of the CITY. Nothing in this Agreement shall be interpreted or construed so as to make the employees of the CITY the servants, agents, or employees of CONTRACTOR. CITY and the employees of the CITY shall not be eligible for the employment benefits, including health and unemployment insurance, and worker's compensation coverage, which are provided to employees of CONTRACTOR. ARTICLE 6 INDEMNITY AGREEMENT CONTRACTOR shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable S:/ourdocuments/contracts/02/librarycommunity network project management.doc 2 attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of CONTRACTOR or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 7 INSURANCE During the performance of the services under this Agreement, CONTRACTOR shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: Comprehensive General Liability insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Automobile Liability insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability insurance with limits of not less than $100,000 for each accident. CONTRACTOR shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CiTY as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to CiTY and CONTRACTOR. in such event, the CONTRACTOR shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy limits and coverage, to CITY. ARTICLE 8 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION S:/ourdocuments/contracts/02/librarycommunity network project management.doc 3 The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreemem, involving one party's disagreemem, may include the other party to the disagreement without the other's approval. ARTICLE 9 TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreemem, either party may terminate by giving ten (10) days' advance written notice to the other party. If this clause is undertaken then CONTRACTOR shall cease all work upon receipt of notice and shall submit a final invoice for all work performed. CONTRACTOR shall be paid for work performed on a pro-rata basis and this shall be final compensation due under this contract. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of imem to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. This Agreemem shall terminate automatically upon either party's loss of licensure or certification, or upon the effective date of any change in statute, ordinance, rule or regulation or action of governmental authority prohibiting this arrangement or the services contemplated hereunder. ARTICLE 10 NOTICES All notices, communications, and reports required or permitted under this Agreemem shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONTRACTOR: To CITY: THE KATUNIGAN COMPANY Attention Paul Schlieve 1828 Broadway Street Denton, Texas 76201-2561 City of DeNon Eva Poole DeNon Public Library 502 Oakland Street DeNon, Texas 76201 S:/ourdocuments/contracts/02/librarycommunity network project management.doc 4 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 11 ENTIRE AGREEMENT This Agreement, consisting of__ pages and __ exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 12 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 13 COMPLIANCE WITH LAWS CONTRACTOR shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 14 DISCRIMINATION PROHIBITED In performing the services required hereunder, CONTRACTOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 15 PERSONNEL mo The CONTRACTOR represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. CONTRACTOR shall inform the CITY of any conflict S:/ourdocuments/contracts/02/librarycommunity network project management.doc 5 of interest or potential conflict of interest that may arise during the term of this Agreement. Bo All services required hereunder will be performed by CONTRACTOR or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 16 ASSIGNABILITY This Agreement shall apply to, and be binding upon, the parties and their respective successors and permitted assigns. The parties shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the other party. Any assignment attempted without such consent shall be void. ARTICLE 17 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 18 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: 1. Exhibit "A" 2. Exhibit "B" Bo Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. Co Force Majeure. Neither party shall be in violation of this Agreement if either party is, or if either party reasonably determines that it is, prevented from performing its obligations for any reason beyond its control, including without limitation, flood, storm, strikes, acts of God or the public enemy. Do The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. S:/ourdocuments/contracts/02/librarycommunity network project management.doc 6 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONTRACTOR has executed this Agreement through its duly authorized undersigned officer on this the day of ,2002. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CONTRACTOR THE KATUNIGAN COMPANY PAUL SCHLIEVE, Ph.D. WITNESS: BY: S:/ourdocuments/contracts/02/librarycommunity network project management.doc 7 Agenda 02-023 07/23/02 #14 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 23, 2002 Materials Management Questions concerning this acquisition may be directed to Cary Tower 349-8424 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance accepting bids and awarding a contract for the purchase of Truck Beds and Bodies; providing for the expenditure of funds; and providing an effective date (Bid 2863-Truck Beds and Bodies awarded to the lowest responsible bidder as listed in the total amount of $29,680). BID INFORMATION This bid is for the purchase of 6 service bodies to be mounted on new cab/chassis previously approved by Council. The bodies make up complete motor pool replacements that will be assigned to various field service crews. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder for each item. Item Supplier Price Quantity Extended Price 1 Fort Worth Truck Supply $5380 4 $21,520 2 AG Van and Truck $4590 1 $ 4,590 3 AG Van and Truck $3570 1 $ 3,570 PRINCIPAL PLACE OF BUSINESS Fort Worth Truck Supply Fort Worth, TX AG Van and Truck Dallas, TX ESTIMATED SCHEDULE OF PROJECT Service bodies can be available on or before the scheduled delivery of truck cab/chassis. Delivery is currently estimated to be the last week of August 2002. FISCAL INFORMATION Funding for these service bodies is available from Motor Pool replacement account 810001.8535. Agenda Information Sheet July 23, 2002 Page 2 Attachment 1: Tabulation Sheet 1-AlS-Bid 2863 Truck Beds and Bodies Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent I- Z LU ,: X o o o o 0 ~ D Z 8~ 8~ >~ 8~ ~ ~ ~ W 0 W ~ W ~ w ~ w ~ w ~ w ~ ~ < ~ < ~ < ~ < W n w r'n ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK BEDS AND BODIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2863 AWARDED TO THE LOWEST REPNSIBLE BIDDER AS LISTED BELOW IN THE TOTAL AMOUNT OF $29,680). 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 described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted 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, equipment, 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 2863 1 Fort Worth Truck Supply $21,520 2863 2 AG Van and Truck $ 4,590 2863 3 AG Van and Truck $ 3,570 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 submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted 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, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids 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 ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 2863 Truck Beds and Bodies This page left blank intemionally. Agenda 02-023 07/23/02 #15 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 23, 2002 Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 or Anna Mosqueda 349-8127 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager or his designee to execute a Personal Services Agreemem on behalf of the City of DeNon and Catherine A. Troxler for consulting services and system assistance in the Financial/Human Resources Software known as JD Edwards; and providing for an effective date (Personal Services Agreemem with Catherine A. Troxler in the amoum of $50,000). AGREEMENT INFORMATION This agreemem with Catherine A, Troxler is for a personal services contract for professional technology related consulting services associated with the continued development and improvements to the JD Edwards Financial/Human Resources software. Catherine A. Troxler was chosen based upon her particular knowledge, experience and expertise with the JD Edwards software package. She was a consultant in the JD Edwards initial implementation project, and that experience makes her the best consultant for the assistance and consulting needed to carry the project forward. The rate of $100 per hour is a fair and reasonable rate and equal to the rate charges charged by others with similar expertise. RECOMMENDATION We recommend the Professional Services Agreemem with Catherine A. Troxler be approved in the amoum of $50,000. PRINCIPAL PLACE OF BUSINESS Catherine A. Troxler Jacksonville, FL ESTIMATED SCHEDULE OF PROJECT The scope of work stated on the contract is to be completed by October 1, 2002. Agenda Information Sheet July 23, 2002 Page 2 FISCAL INFORMATION The Personal Services Agreement will be funded out of Technology Services account 84000200.1360.30100. Only hours worked and approved expenses will be paid. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AlS-Personal Services Agree~nent Cathy Troxler ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PERSONAL SERVICES AGREEMENT ON BEHALF OF THE CITY OF DENTON AND CATHERINE A. TROXLER TO PROVIDE CONSULTING SERVICES AND SYSTEM ASSISTANCE IN THE FINANCIAL/HUMAN RESOURCES SOFTWARE KNOWN AS JD EDWARDS; AND PROVIDING AN EFFECTIVE DATE (PERSONAL SERVICES AGREEMENT WITH CATHERINE A. TROXLER IN THE AMOUNT OF $50,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City manager, or his designee, is hereby authorized to execute an Agreement for Personal Services with Catherine A. Troxler for consulting services and system assistance in the Financial/Human Resources software known as JD Edwards, a copy of which Agreement is attached hereto and incorporated herein. SECTION 2. The expenditure of funds as provided in the attached Agreement is hereby authorized. SECTION 3. passage and approval. This ordinance shall become effective immediately upon its PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Personal Service Agreement Catherine a. Troxler STATE OF TEXAS COUNTY OFDENTON § THIS AGRE ...I~IENT is mad~ and ¢mter~ into ~ of~ t~*.'~y ofj~y ~u~ m~ 50~ ~ of S~t~b~, 2~2, by ~.~ ~.'~ of~ T~ ~ C~, Tex~ 76201, ~ CA~E~'~ A. ~O~:/~~. o~l~ ~~T~', ~g h~, by ~d WHEREAS, the City of~. wislios, toprov/de the follow/ag services: · Write l~oaition control report for nc=tual head ootmt and acttml full time employee (FTE) comparison for BUdget · Workflow prong for 'sdditionsl busiue~ units lind funds, and adjustment4 to · Cmate~an '~"catl to SQL'to provide, complex data configuration for future Edwards repons in all · Write .repons 1. Al~lican~ informatioa bresk~ per requisition 2. Dive~ityreport byrsce ~ 8~m]m', by del°artment, by job family 4. Average payrepol't 6. Ma'i~ Status by pay.pisa · Wor~ With T~li'~ ~o ke~p vilJD ~ ~~ts in sync to its citizens ~ The Offio~ oftt~ ~.Dirocto~. H. and qualified i~o pr0~ :th,~'~ ,md'~ ~o pmVi~ same under the terms ~nd conditions set' forth belOw. III. WHEREAS, City hereby contracts with Contractor to provide consulting to Applicant and Requisition Training for Human Resources Set up supplemental~dsta fimction in Human Resources Module · Custom progranuning for longevity overtime issue · Writ~ position control report for actual head count and actual full time employee [FTE) ·Wo .pro t .. d ona! bUSm, mts, .and' funds, and adiustm ts to apprbvers ma'appro~ lovi:is ' ' · Create an external ealI to SQL to provide complex data configuration for future JD Edwmds reports in all modules ' Write reports for Htunan 7. Applicant information breakdown per requisition 8. Diversity report by race and gender, by department, by job family 9. Average age l~y gender, by home business unit, byjot~ family 10. Average pay report by age group 11. Average service years 'by job family 12. Marital Status by pay plan · New service pack and Update'6 testing · Troubleshooting JD Edwards issues as required (50°,4 of time) · Work with Teeh Services to keep all JD Edwards environments in sync (see Attach!rnent A of this document) for its citizens' and any others qualified to receiveI these sea'viees,, th~City of Denton lmmby contracts with the Contractor to provide approved Cohabiting and Related Activities of the Finance Office. The parties have conducted nel~ofiations and as a result of these negotiations agree that $100 !~er hour _~lus r~imbursabte exmmses not. to exceed $~'0.000 is a just and reasonable fee far the performanc~ or the services, which .are the' subject of this contract. (See Attachment B to this document). The foe is to be paid to contractor as follows: ~ 2 V4 Contractor and City acknowledge and agree that Catherine A. Troxler is and shall be deemed to be an independent contractor for the services she provides under this Contract. Further, because Catherine A. Troxler is an independent contractor, the parties agree: 1. The City will make no withholding for taxes of any type from the .fee agreed upo~ in Article W. All taxes, including, but not 'limited to Social Seem-ity, unemployment, F~CA or other monies OWned t°'7:~any:.' Staie, L~at'.°r!.TFed~"Tgov~mmental entity, incluqting applicable penalties and inter~ 'ar~'.to be. paid by. ContraCtor and are solely the habiliW of same. In the event a claim is made against City for payment of taxes, penalties or interest for or on behalf of Contractor, Contractor agrees to indemnify and hold harmless City of such damages, including costs and expenses. 2. City will not provide worker's compensation for Contractor for services performed pursuant to this Contract. This is a non-exclusive contract. Contractor is flee to advertise and provide his/her ~ervices to per~ons or entities other than the City. Further, City may use other contraetor~ or its own employees to conduct the same services as Contractor. Any insurance the City may have for it~ facility described above is solely for the behest of the City. The City shall not be liable for injuries to property or persons (including de~[th), which are the result of the activities of the Contractor. Contractor agrees he/she shall be liable for injuries to himself/herself or others caused by his/her own negligence, omissions, malfeasance, or intentional conduct. When applicable, for the services provided, contractor shall provide insurance for the activity as provided in the policies of the contract instruCtors program. This Contract can be terminated by the City, at any time with notice to Contractor. In the event City terminates the Contract without the fault of Contractor, Contractor shall be entitled to Ns/her full fee unless fee is pro-rated. In the event of default of Contractor for any tei:m or provision of this iContract, the 'City upon notice to the Contractor of such default, may terminate this Contract without further obligations or habihty. In the event of termination for cause, the Contractor shall only receive payment, based upon ~ pro-rate basis, less any damages incurred by the City for the default. 3 VTTT. The Contractor shall at all times exercise reasonable precautions for the safety of participantS and others on or near the City's facility and shall comply with all applicable provisions of Fe~leral, State, and Municipal safety laws. ~ · ordiaances and 'rcgulatiOns, which ia any matter at'f~ '~e'. c0fih~toi Or the' wOrk, and Ishall indemnify, defend and save harmless the City against, any claim arising for the violation cfi any such laws, ordinances and regulations whether by the Contractors or its employees. Contractor shall provide, at his or her own cost and.e~, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operatibn of Contractor's business. The laws of the State of Texas shall govern the interpretat/on, validity, performanc~ and enforcement of this Contract, and the exclUSiVe venue for any legal proceedings involving this Contract shall be Denton County, Texas. XII. The Contractor agrees to retain control and to give full attention to. the fulfillment of this Contract, and agrees this contract will not be assigned or sublet without the prior written coiasent of the City. X1Tl. The Contractor shall defend, indemnify and hold harmless the City and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use, losses, demands, suites, judgments and costs, including reaso.flable attorneY's fees and expenses, in any way arising out or of or resulting from the performan~, e of this Contract' or caused by the negligent or intentional act or omission of the Contract~, its officers, agents, employees, subeon~to~ or invitees. ~ This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through ~ts duly authorized undersigned officer on This the ~ DAY OF 2002. · CITY OF DENTON, TEXAS MICHAEL A. CON-DUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. ·PROUTH, CITY ATTORNEY BY: CATHERINE A. TROXLER WITNESS: S ATTACHMENT "A" SCOPE OF SERVICES WHEREAS, City hereby contracts with Contractor to provide consulting to · Applicant and Requisition.Training for Human Resources · Set up:supplemental data function in Human Resources Module · Custom programming for longevity ov~a'timo issue · Write position 'control Rt~ort for .actual head count and. actual full. time employee ~..TE) comparison for Budget Department - Workfi0w programming for' additional business units and funds, and adjustmen'.ls to approvers and approval levels · Create an external call to SQL to provide complex data configuration for future JD Edwards reports in all modules · Write reports for Hman Resources 13. Applicant information breakdown per requisition 14. Diversity report by race and gender, by department, by job family 15. Average age by gender, by home business unit, by job family 16. Average pay report by age group 17. Average service years by job family 18. Marital Status by pay plan · New service pack and Update 6 testing , Troubleshooting ID Edwards issues as required (50% of time) Work with Tech Services to keep all JD Edwards environments in sync 6 Consulted Rate $1oo.oo Travel ATTACHMENT "B" COST ESTIMATES Estimat,,.ed Ho~s 400 Estimated Fees/Expenses $40,000 10,000 7 Agenda 02-023 07/23/02 #16 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 23, 2002 Materials Management Questions concerning this acquisition may be directed to Eva Poole 349-7735 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance accepting competitive bids and awarding a best value public works comract for the construction of Denton North Branch Library; providing for the expenditure of funds therefore; and providing for an effective date (Bid 2819- DeNon North Branch Library awarded to Harrison Quality Construction, Inc., in the amoum of $2,499,000.) BID INFORMATION This bid is for the construction of the North Branch Library. The project includes major renovation of the Food Lion grocery building at 3020 North Locust Street, Denton, Texas. The work consists of interior and exterior demolition and renovation of an existing building into a new public library facility. The North Branch Library project will be of convemional steel stud framed imerior drywall partitions, concrete sub-floors with various finishes, millwork, finished ceilings, aluminum storefront/window wall/windows, glazed curtain wall, roof monitor type skylights, and roofing. Some structural modifications are being made to the existing roof framing system and exterior walls. The facility includes convemional library spaces, workrooms, offices, classrooms, and public restrooms. The facility has approximately 32,500 air-conditioned square feet. Work also includes site work, including new paving, sidewalks, utilities, and landscaping. Demolition of existing site features, sidewalks, and paving in the vicinity of the existing building is also included. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) This bid recommendation is based upon best value criteria with price being 55%, construction days 20%, and value engineering 25%. None of the eight bidders took exception to the 240-day construction schedule nor offered any value engineering cost reductions. Therefore, the recommendation is based solely on price and references. Agenda Information Sheet July 23, 2002 Page 2 The evaluation team consisted of: Tom Shaw Christy Skirchak Eva Poole Charles Fiedler Bruce Henington Herman Lawson David Combs Jones McConnell Purchasing Agent Project Manager Director of Library Services Director of Engineering Director of Facilities Management Facilities Management HH Architects HH Architects RECOMMENDATION We recommend this bid be awarded to the lowest possible bidder Harrison Quality Construction Inc. in the base bid amount of $2,475,000; plus $24,000 for Alternate 2 Thermoplastic Membrane Roofing for a total award of $2,499,000. PRINCIPAL PLACE OF BUSINESS Harrison Quality Construction, Inc. Carrollton, Texas STAFF COST ESTIMATE The Engineer's estimate for the total project was just over 2.8 million dollars. ESTIMATED SCHEDULE OF PROJECT Completion of the project is estimated to be 240 days or approximately the second week of March 2003. FISCAL INFORMATION Funding for this new library is available from CIP bond funds. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Attachment 1 :Bid Tabulation Z LU < Z < 0 Z ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE DENTON NORTH BRANCH LIBRARY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2819-DENTON NORTH BRANCH LIBRARY AWARDED TO HARRISON QUALITY CONSTRUCTION INC.IN THE AMOUNT OF $2,499,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the best value bids based on the selection criteria listed in the request for bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the best value bids based on the selection criteria listed in the request for bids: BID NUMBER CONTRACTOR AMOUNT 2819 Harrison Quality Construction, Inc. $2,499,000 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3-ORD- BID 2819 Denton North Bra~ch Libraxy This page left blank intemionally. Agenda 02-023 07/23/02 #17 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 23, 2002 Materials Management Questions concerning this acquisition may be directed to Eva Poole 349-7735 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance providing for the expenditure of funds for the purchase of an annual maimenance agreemem for software used in the City of DeNon public library system which is available from only one source in accordance with the provisions of State Law exempting such purchases from requirements from competitive bids; and providing an effective date (Total contract amount $30,041.40; Purchase Order 105781 to Epixtech, inc. in the amount of $7,510.35 for 4~h quarter paymems). BID INFORMATION This single source acquisition is for the maimenance of the Dynix Software utilized by the Denton libraries. The agreement includes software maintenance, server maintenance, and network maimenance, as well as other peripheral items. This agreemem has been based upon a month- to- month fee while we looked at other software packages. A new system was approved by Council on July 16, 2002 (innovative imerfaces, inc. PO 105714) and will be implememed by October 1, 2002. However, the existing system must be maintained until that time. Payments for the first three quarters equal $22,531.05. The 4th quarter charges will total $7510.35 for a total contract amount of $30,041.40 requiring council approval of the last quarter of this year. RECOMMENDATION We recommend Purchase Order 105781 to Epixtech, Inc. be approved in the amount of $7,510.35 and for a comract total of $30,041.40. PRINCIPAL PLACE OF BUSINESS Epixtech, Inc. Chicago, IL ESTIMATED SCHEDULE OF PROJECT This agreemem is momh to momh and is scheduled to end October 1, 2002. FISCAL INFORMATION This maimenance agreemem is funded from 2001-2002 budget fund accoum (301001.6512). Agenda Information Sheet July 23, 2002 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 105781 1-AlS-Purchase Order 105781 i ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN ANNUAL MAINTENANCE AGREEMENT FOR SOFTWARE USED IN THE CITY OF DENTON PUBLIC LIBRARY SYSTEM AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (TOTAL CONTRACT AMOUNT OF $30,041.40; PURCHASE ORDER 105781 TO EPIXTECH, INC. IN THE AMOUNT OF $7,510.35 FOR 4TM QUARTER PAYMENTS). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved: PURCHASE ORDER 105781 VENDOR AMOUNT Epixtech, Inc. $7,510.35 SECTION 2. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Purchase Order 105781 to Epixtech, I0nc. This page left blank intemionally. Agenda 02-023 07/23/02 #18 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 23, 2002 Materials Management Questions concerning this acquisition may be directed to Stan Nixon 349-8590 Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance accepting competitive bids and awarding a contract for the purchase of Transit Buses; providing for the expenditure of funds therefore; and providing an effective date (Bid 2867- Transit Buses awarded to Lasseter Bus & Mobility in the amount of $348,492). BID INFORMATION This bid is for the purchase of three Type 3 transit buses with eight ambulatory passenger and three wheelchair positions; and two Type 11 transit buses with nineteen ambulatory passenger and two wheelchair positions. These buses will replace transit buses owned by the City of Denton that are no longer economical to maintain. RECOMMENDATION We recommend the bid for item 2 for Type 11 buses be awarded to the lowest responsible bidder Lassester Bus & Mobility in the amount of $174,246 each. The options listed and the award of item 1 are not recommended for award at this time pending further evaluation. They will be presented to Council at a later date. The total bid award is $348,492. PRINCIPAL PLACE OF BUSINESS Lasseter Bus & Mobility Lewisville, TX ESTIMATED SCHEDULE OF PROJECT Delivery of these buses is required to be no later than April 15, 2003. FISCAL INFORMATION Funding for these buses will be from a combination of Federal Transit Administration and Texas Department of Transportation grants. No local funding will be required. Agenda Information Sheet July 23, 2002 Page 2 Attachment 1: Bid Tabulation 1-AlS-Bid 2867 Transit Buses Respectfully submitted: Tom Shaw, C.P.M., 349-7100 W I-- Z LU LIJ SSi SSi i~irn X m .- i>i~ ,> ~ z _~_ ~ ~ _ ~ ~ o '-- ~ ~ 0 Z ~ Z ;;;;; ~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~ HH~ :::::::::::::::::::::::::::::::::::::::: < ~ ~ -- o ~ < ~ ~o o ~ ~ ~ ~ ~ ~ ~ 0 0 ~ = ~ o ~ ~ ~ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRANSIT BUSES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2867- TRANSIT BUSES AWARDED TO LASSETER BUS & MOBILITY IN THE AMOUNT OF $348,492). 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 described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted 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, equipment, 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 NUMBER VENDOR AMOUNT 2867 Lasseter Bus and Mobility $348,492 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 submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted 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, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids 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 ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Bid 2867 Transit Buses This page left blank intemionally. Agenda 02-023 07/23/02 #20 AGENDA INFORMATION SHEET AGENDA DATE: July 23, 2002 DEPARTMENT: Legal/Judge's Office CM/DCM/ACM: Robin A. Ramsay SUBJECT Appointment of three (3) additional Alternate Judges. BACKGROUND Appointment of three (3) additional Alternate Judges became of major health problems which one of the existing Altemate Judges has, making her availability for backup questionable, and to insure that there are several Alternate Judges available for on-call, in case of sickness or emergency of the Presiding Judge. These Alternate Judges also have private practices and are not always available when called. My Judicial Coordinator needs a bigger pool of Alternate Judges to draw from. RECOMMENDATION Appointment of three (3) additional Alternate Judges FISCAL INFORMATION Funding is already in our budget for Alternate Judges, the dollar amount will just be spread out among more Alternate Judges. Respectfully submitted: Robin A. Ramsay Municipal Judge Prepared by: Cay McSpedden Judicial Coordinator This page left blank intemionally. Agenda 02-023 07/23/02 #21 AGENDA INFORMATION SHEET AGENDA DATE: July 23, 2002 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 SUBJECT An Ordinance of the City of Denton, Texas, authorizing the mayor to execute an Interlocal Cooperation Agreement by and between the city of Denton, Texas and the University of North Texas pertaining to the mutual agreements of both parties to repave a portion of Chestnut Street and Sycamore Street, being streets owned within the city; authorizing the execution by the City Manager of a tripartite amendment and assignment pursuant thereto; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND The University of North Texas (UNT) and the City of Denton have been meeting on a quarterly basis to identify, plan and better coordinate projects that are of common interest to both entities. Since UNT is exempt from the Development Review Process (DRC), there has not been a process that promotes the systematic review of project plans on the UNT campus. Therefore, planning and project construction issues have not been consistently coordinated in a comprehensive to the benefit of both entities. As a result of these meetings, the City of Denton and UNT have developed an inteflocal agreement to facilitate the construction of the Student Recreation Center building on the UNT campus. This project is located between West Sycamore and Chestnut, east of North Texas Boulevard and west of Avenue D (See Exhibit I). As part of this construction project, both Chestnut and West Sycamore Streets will need to be reconstructed. UNT has agreed to reconstruct Chestnut and to realign as necessary to improve traffic flow through the Chestnut/Avenue D intersection. The City of Denton has agreed to reconstruct West Sycamore. The reconstruction of both streets will benefit both UNT and the City of Denton. The proposed interlocal agreement will facilitate the necessary roadway reconstruction to support city street improvement and the construction project currently underway on the UNT campus. Articles V and VI of the interlocal agreement (See Exhibit 3) details the respective responsibilities of each party. An Amendment to and assignment of Construction Manager's at Risk agreement is also to be executed by the l~rties and is attached hereto as Exhibit 4. Council approved documentation supporting the Chestnut realignment and the necessary easement acquisition on February 19, 2002. UNT will be utilizing an alternate street construction technique for Chestnut Street and the City will reconstruct West Sycamore utilizing traditional construction techniques as a baseline comparison. The City will then evaluate the longevity and life cycle of both techniques for possible inclusion of alternate street construction criteria in the development code. UNT will provide a 2-year maintenance bond for the Chestnut Street reconstruction. OPTIONS RECOMMENDATIONS Staff recommends approval of the Interlocal agreement between the City of Denton and UNT. Staff also recommends approval of the amendment to and assignment of Construction Manager- at- Risk Agreement. PRIOR ACTION REVIEW (COUNIL, BOARDS, COMMISSION) The Inteflocal agreement is the final step in the project that the City Council approved on February 19, 2002. Respectfully submitted: Howard Martin Assistant City Manager, Utilities Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 - Location Map - Ordinance. - Inteflocal Agreement - Amendment and Assigmnent SCALE 1~00 EXHIBIT D EDWARDS STREET ABANDONMEI~'~ 8 7 BLOCK 43, COLLEGE ADDITION 26,988 SOUARE FEET 0259 0 AVENUE E 50' R.O.W. 5/8"~R$ 5/8 N 00'08'18" E 0 0LL L POINT OF BEGINNING 26,988 SQUARE FEET STREET ABANDONMENT o~10~ 00'08'18" W 45. O 5/8 "~- AVENUE D 'x~ 80' R.O.W. 50.0' BuOC~ ~BROCKETTE DAVIS DRAKE , inc. c:~zz)con sul ting ._ engineer-s . Civil &: Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Dallas,Texas 75204 (214)824-3647 dob No.-COlO15.401 October, 2001 Sheet 2 of 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE UNIVERSITY OF NORTH TEXAS PERTAINING TO THE MUTUAL AGREEMENTS OF BOTH PARTIES TO REPAVE A PORTION OF CHESTNUT STREET AND SYCAMORE STREET, BEING STREETS OWNED WITHIN THE CITY; AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF A TRIPARTITE AMENDMENT AND ASSIGNMENT PURSUANT THERETO; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute, on behalf of the City, an Imerlocal Cooperation Agreement between the City of Denton, Texas and the University of North Texas pertaining to the mutual agreemems of the City and the University of North Texas regarding the repaving of a certain portion of Chesmut Street and Sycamore Street, in the City of Denton, Texas, substantially in accordance with the Inteflocal Cooperation Agreement which is attached hereto and incorporated by reference herein. SECTION 2. That the City Manager is hereby authorized to execute, on behalf of the City, a tripartite "Amendmem to and Assigmnent of Construction Manager-At- Risk Agreement" (hereafter the "Tripartite Amendmem and Assigmnent") respecting the City, the University of North Texas, and Austin Commercial, L.P., substantially in accordance with the provisions of the Tripartite Amendment and Assigmnent which is attached hereto and incorporated by reference herein. SECTION 3. That the expenditure of funds by the City as set forth in the Interlocal Cooperation Agreement and the Amendment and Assigmnent of Construction Manager-At-Risk Agreemem is hereby authorized. SECTION4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Ordinances\02\Interlocal Agrmt-UNT-Paving-Chestnut and Sycamore.doc STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT THIS AGRg. g. MENT is made and entered into by and between the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter the' "CITY") and ~ UNIVERSITY OF NORTH TEXAS, Denton, Texas (hereinafter "UNT"), each organized and existing under the laws of the State of Texas, each acting by and through and under the authority of their respective governing bodies and officials in accordance with {}791.01 l(d)(1) of the Texas Government Code; and WHEREAS, the CITY is a local governmental entity within the provisions of §791.011(a) of the Texas Government Code; and UNT may enter into an inteflocal cooperation agreement pursuant to the authority contained in §771.002(1)(B) and §791.011(b)(1) of the Texas Government Code; and the CITY and UNT are local governmental entities organized under the laws of the State of Texas, both of whom have the authority to perform the services set forth in this Agreement individually, and who mutually desire to enter into an interlocal cooperation agreement, as provided for in Chapter 791 of the Texas Government Code (Vernon 1994) in order to maximize the benefits to the citizens of the C1TY and UNT to be derived from each dollar expended; and WHEREAS, heretofore the C1TY and UNT have previously entered into an "Interlocal Agreement" on the 19z day of February, 2002 pertaining to the exchange of land in Denton,~ Denton County, Texas for use as fight-of-way for the proposed Student Recreation Center pursuant to §791.028 of'the Texas Government Code; §272.001 of the Texas' Local Government Code; and 82-127 of the Denton Code of Ordinances, being adopted by City of Denton Ordinance No. 2002-056 and Resolution No. R2002-006 both adopted and effective on the 19th day of February, 2002; which streets are more particularly described in said Resolution; and WHEREAS, the CITY and UNT have discussed the matter of paving certain streets located '~ithin the corporate limits of xthe CITY, which are a governmental function under ti~e provisions of §791.003(3)(C), and which covers other governmental functions in which the CITY and UNT are mutually interested, under the provisions of §791.003(3)(N), 'and each believe that they may take advantage of economies of scale and other advantages by entering into this Interlocal Cooperation Agreement; bY each agreeing to assume the responsibility of performing a portion of the repaving work, as well as the replacement, or repair of certain curbs, curb cuts, and Sidewalks, all as more particularly set forth below; and WHEREAS, the CITY and UNT desire to establish certain responsibilities regarding thc repaying of Chestnut Street and Sycamore Street (the "Affected Streets"), as provided and permitted within this Interlocal Cooperation Agreement, to more effectively and efficiently complete the repaying project in light of the expected use of the streets; to avoid unnecessary or duplicitous expense; to achieve convenience for the CITY and for UNT; to equitably provide for the repaving responsibility to be paid by the governmental unit that is predominately utilizing the Affected Streets; and to take mutual advantage of the economies of scale, thereby resulting in cost savings to each party; and WHEREAS, the CITY and LINT, by this Interlocal Cooperation Agreement (the "Agreement") express their mutual understanding that the relationship to be created by implementation of this Agreement is that of two local governmental entities providing for the repaying and other related functions of the Affected Streets; and WHEREAS, there is a valid govemmental purpose served by this Agreement by the CITY and LINT to provide for the repaying activities and other related functions of the "Affected Streets" by the CITY and UNT; and WHEREAS, the CITY and UNT agree that any payments made in connection with governmental functions provided for by this Agreement shall be made from current revenues available to the paying party in accordance with the provisions with the provisions of §791.011(d)(3) of the Texas Government Code; that the purpose, terms, rights, and duties of the respective contracting parties shall be stated in the Agreement in accordance with the provisions of §791.011(d)(2); and that any payments made pursuant to the Agreement fairly compensate the performing party for the services or functions performed, in accordance with the provisions of §791.01I(e) of the Texas Government Code; and WHEREAS, the Interlocal Cooperation Act, as it is now contained in Chapter 791 of the Texas Government Code (Vernon 1994), authorizes the CiTY and UNT to enter into this Agreement for the purpose of achieving the governmental functions and providing the repaying services represented by this collective, cooperative undertaking; and NOW THEREFORE, the CITY and LINT, for and in consideration of the premises and the mutual covenants set forth in this Interlocal Cooperation Agreement, and pursuant to the authority granted by the governing bodies of each of the parties hereto, in accordance with §791.011(d)(1) of the Texas Government Code, do hereby AGREE as follows: ARTICLR I INCORPORATION OF PREAMBLES All matters and recitations stated in the Preamble to this Agreement are Uae and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes. ARTICLE II PURPOSE OF AGREEMENT. The purpose of this Agreement is, as designated in the preamble, to evidence the agreement of the CITY and UNT to provide for the repaying of the Affected Streets and other related services for the term of the Agreement. ARTICI .l~. ill TERM OF AGREEMENT This Agreement shall be effective as of the day of , 2002 and shall continue in force and effect until August 31, 2003. The parties may each elect to terminate this Agreement, as permitted under the provisions of Article IV hereunder. The parties may each elect to extend the term of this Agreement for periods of one (1) year. ARTICLE IV TERMINATION OF AGREEMENT This Agreement terminates upon the first to occur of the following events: A. By mutual written agreement of the CITY and COIYNTY; or B. August 31, 2003; or C. By either party, if a party defaults or breaches any of the terms or conditions of this Agreement and such default or breach is not cured' within sixty (60) days after written notice by the non-defaulting party to the defaulting party. ARTICLE V UNDERTAKING OF LINT The undertaking of lINT for the term of this Agreement, is as follows: A. UNT agrees to repave Chesmut Street between North Texas Boulevard and Avenue D, and to replace the south curb of Chestnut Street. LINT agrees to pay all sums that are related to its undertaking; and B. LINT agrees to pay for and perform the "Amendment to and Assignment of Construction Manager-at-Risk Agreement" executed by and between LINT, the CITY, and Austin Commercial, Inc. (now assigned to Austin Commercial, L.P. on December 17, 2001), as it relates to the undertaking described in V.A. above; and C. LINT will accept alt financial responsibilities that are due to the repaving activities described in V.A. above; and D. UNT agrees to oversee the repaving activities described in V.A. above; and E. UNT agrees to cooperate and provide information to the CITY upon request by the CITY regarding the repaying activities described-in V.A. above. F. LINT agrees to complete the repaving activities described in V.A. above by August 31, 2002. ARTICLE VI UNDERTAKING OF THE CITY The undertaking of the CITY for the term of this Agreement, is as follows: A. CITY agrees-to repave Sycamore Street between North Texas Boulevard and Avenue D, as well as to repair or replace the curbs, curb cuts, and sidewalks on the north side of Sycamore Street; and B. CITY agrees to pay for and to perform only that portion of the "Amendment to and Assignment of Construction Manager-at-Risk Agreement" executed by and between UNT, the CITY, and Austin Commercial, Inc. (now assigned to Austin Commercial, L.P. on December 17, 2001), as it relates solely to the undertaking described in VI.A. above; and C. C1TY will accept all financial responsibilities that are due to the repaving activities described in VI.A. above. D. CITY agrees to oversee the repaving activities described in VI.A. above.' E. CITY agrees to cooperate and provide information to UNT upon request by UNT regarding the repaying activities described in VI.A. above. F. CITY agrees to complete the repaving activities described in VI.A. above by July 31, 2003. ARTICI.F. VII FORCE MAJEURE Events of Force Majeure shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto government action (unless caused by acts or omissions of the party), fires, explosions, rain or other weather delays, floods, strikes, slowdowns or work stoppages. ARTICLE vm · HOLD HARMLESS Only to the extent allowed by the Constitution and statutes of the State of Texas, and without waiving any immunity or limitation as to liability, LINT agrees to and shall indemnify and hold harmless the CITY, its officials, officers, agents, employees, or attorneys from and against any and all cl.airns, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, or for damages to any property; real, personal, or intellectual, arising out of or in connection with the subject of this Agreement, where the injury or death or damage is caused by the negligence of LrNT, its officials, officers, agents, employees, or attorneys, except that UNT assumes no liability for the sole negligent acts of CITY, its officials, officers, agents, employees, or attorneys. Only to the extent allowed by thc Constitution and statutes of the State of Texas, and without waiving any immunity or limitation to liability, the C1TY agrees to and shall indemnify and hold harmless UNT, its officials, officers, agents, employees, or attorneys from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, or for damages to any property; real, personal, or intellectual, arising out of or in connection with the subject of the Agreement, where the injury or death or damage is caused by the negligence of CITY its officials, officers, agents, employees, or attorneys; except that the CITY assumes no liability for the sole negligent acts of UNT, its officials, officers,' agents, employees, or attorneys. ARTICLE IX GOOD FAITH NEGOTIATION AND DISPUTE RESOLUTION Whenever a dispute or disagreement arises under the terms of this Agreement, the parties agree to enter into good faith negotiations to resolve such disputes. If the matter continues to remain unresolved after good faith negotiations by the parties, then the matter shall 'be referred to outside mediation. This provision is mandatory, arises under the provisions of §791.015 of the Texas Government Code, and shall be a condition precedent to the filing of any litigation by either or both parties hereto. ARTICLE X AS S IGNABIL1TY/CONSENT Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement, or any of its right, duties, or obligations hereunder, without the prior written consent of the other party. However, whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such consent or approval. ARTICLE XI NOTICE Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery; or shall be sent by registered mail or certified mail; or shall be sent by U.S. Mail, return receipt requested, postage prepaid; to: CITY: Office of the Assistant City Manager for Utilities City of Denton, Texas 215 East McKinney Denton, Texas 76201 COUNTY: Office of the Vice President - Administrative Affairs University of North Texas P.O. Box 311220 Denton, Texas 76203 Notice shall be deemed to have been received on the date of receipt as shown on the remm receipt or other written evidence of receipt. ARTICLE XII MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE XlII SAVINGS/SEVERABILITY In the event that any one or more of the provisions hereof contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. ARTICLE X1V GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, 'and in accordance with the laws of the State of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. ARTICLE XV ENTIRE AGREEMENT This Agreement and any exhibits which may be attached hereto, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. ARTICLE XVI WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE XVII AUTHORITY OP PARTIES This Agreement is made by and entered into by the duly authorized officials of each respective governmental entity. ARTICI.F. xvm CAP'rlONS The captions contained in this Agreement are for informational purposes only and shall not in any way affect' the substantive terms or conditions of this Agreement. ARTIC~.R XIX COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument. IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed in two (2) original counterparts, by its duly-authorized and empowered Mayor; and the University of North Texas has caused this Agreement to be executed by its duly- authorized and empowered Interim Vice President - Administrative Affairs on this the day of , 2002, to be effective as of the day of ,2002. CITY OF DENTON, TEXAS By: ATYEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: FIERBERT L. PROUTY, CITY ATTORNEY 7 THE UNIVERSITY OF NORTH TEXAS By: ~dministrative Affairs (Vice Chancellor and General Counsel) ATrEST: b APPROVED AS TO !.RGAL FORM: CHONG H. CHOE, ASSISTANT GENERAL cOLrNSEL AMENDMENT TO AND ASSIGNMENT OF CONSTRUCTION MANAGER-AT-RISK AGREEMENT THIS AMENDMENT AND ASSIGNMENT ("Assignment") is hereby entered into by and between the University of North Texas ("UNT"), Austin Commercial, L.P. ("ACL") and the City of Denton ("City") as of July ,2002. This Assignment hereby amends the Construction Manager-At-Risk Agreement ("Agreement") entered into by and between the University of North Texas ("LINT") and Austin Commercial, Inc. ("ACF') on June 4, 2001, which was subsequently assigned to Austin Commercial, L.P. ("ACL") by ACI on December 17, 2001. WHEREFORE, article 14.02 of the Agreement permits LINT to assign the benefits and burdens of the Agreement to certain entities; WHEREFORE, LINT and ACL both desire to amend such Agreement to permit assignment to additional entities; and WHEREFORE, the City of Denton ("City") wishes to be assigned the benefits and burdens of such Agreement from UNT, in exchange for certain consideration as more fully described below; NOW, THEREFORE, for and in consideration of the mutual covenants and Agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties, each intending to be legally bound hereby, agree as follows: 1. Section 14.02 is amended such that the phrase "or to the City of Denton" is added at the end of the last sentence. Certain benefits and burdens under the Agreement, as more fully described below, are hereby assigned by UNT to the City. Pursuant to the terms of an Interlocal Agreement previously signed between UNT and the City, UNT agreed to repave a portion of Chestnut Street between North Texas Boulevard and Avenue D, as well as to replace the north curb of Chestnut Street. By this Agreement, UNT hereby agrees to repave the balance of Chestnut Street between North Texas Boulevard and Avenue D and to replace the south curb of Chestnut Street. In conjunction with UNT's agreement to repave the balance of Chestnut Street, as set forth above in Section 3, UNT hereby assigns that portion of insurance, bonds, warranty and guarantee provided by ACL as pertains to the work performed on that additional portion of Chesmut Street, which UNT is agreeing to repave, as described above. In consideration for this Assignment, the City agrees to repave that portion of Sycamore Street between North Texas Boulevard and Avenue D, as well as to repair or replace the ' curbs, sidewalks' and curb cuts on the north side of Sycamore Street. The City agrees to complete the work no later than July 31, 2003 IN WITNF_3S WHE~OF, all parties, acting in good faith, agree to the terms and conditions set forth in this Amendment. On Behalf of the University of North Texas: ~dministrative Affairs On Behaff of Austin commercial, L.P.: Date David B. Walls, President, Austin Commercial, Inc., General Partner On Behalf of the City of Denton: Date City Manager Date This page left blank intemionally. Agenda 02-023 07/23/02 #22 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: July 23, 2002 Fiscal Operations Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas approving an exemption from ad valorem taxation for travel trailers pursuant to Texas Tax Code Section 11.142; providing that adoption of exemption shall be effective for 2002 tax year; providing a severability clause; providing for publication; and providing for an effective date. BACKGROUND On November 6, 2001, the voters of Texas approved an amendment to the Texas Constitution to provide for the taxation and local option exemption of certain defined travel trailers. The enabling legislation, section 11.142 of the Tax Code, defines a travel trailer as a house trailer-type vehicle or a camper trailer regardless of whether the vehicle is affixed to real property. Prior to this change in the law, travel trailers were considered personal property not used for the production of income and were exempt from taxation. Under the new legislation, travel trailers are taxable unless an emity adopts a resolution or ordinance to exempt such property. As stated in the attached letter from the Governor's office, the imem of recem legislation, specifically H JR 44 and HB 2076, was to eliminate taxes on travel trailers. Furthermore, the sponsors of both bills, Representative Flores and Senator Lucio, have committed to introduce legislation during the next session to clarify the confusion on tax exemption and end ad valorem taxation of travel trailers. In May 2002, the DeNon Cemral Appraisal District sent 468 notices of appraised value to property owners in the City of DeNon with a total taxable value of $2,945,350. A taxing emity can enact an ordinance allowing an exemption for travel trailers if approved before the certification of the tax roll. The attached ordinance approves the exemption of travel trailers from ad valorem taxation. FISCAL INFORMATION The 2002 tax levy for travel trailers is approximately $16,144. EXHIBITS DCAD letter Letter from the Office of the Governor Ordinance Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations 87/12/2882 89:44 9483497817 TAX OFFICE 9z~-387-41~4 T0:9~4~817 PAGE 82 391! MORS~ STI~Er,, P O BOX 2816 DlffqTON, T~kS 76202-2816 Memorandum FM~ary 19, 2002 Mayor Euline' Brock, City Of Denton FROM; Joe Rogers, Chief Appraiser RE: Tax.on of Travel Trailers Prior to this chm~e ~ tt~ ¼~, uravol trailer4 ~ ~s~ ~o~ p~ nM u~ f~ ~ ~. Ho~, ~i. ~c prohbiU a ~h~l di~ict f~ ~in8 ~0 I~t ~mp~, ~ ~f~ ~voi ~ will ~ =bk ~' ~ol d~, not dc. si~. tn tax travel ~, it ~ ~ u~ for ~ur ~ to ~ ~ ~l mil ~r ~ ~e~i~. ~ ~ ~ ~ ffyou ~w ~y qu~fit~s in tl~ rc{prd, pl~ do not he~;tale to cmll m. parmrmtly to &scms th, { OFFICE OF THE .~;-OVERNOR lUCX PE~Y GOVERNOR March 12, 2002 Dear Chief Appraiser: Your office is undoubtedly aware of the recent confusion regarding the tax exemption status of travel trailers. Last session the legislature passed two measures regarding the tax status of travel trailers. Proposition 14 (HJR 44) was approved by the voters in the Constitutional election last November. HB 2076, the proposition's enabling legislation, intended to clarify that travel trailers are not subject to property taxation. Despite clear intent to restrict a taxing district's ability to tax trailers, questions are now being raised as to whether the language adopted sufficiently addresses all situations and.makes it absolute that no travel trailer is subject to property tax. In the meantime the sponsors o.f this bill, Representative Kino Flores,and Sonator Eddie Lucio (co-signers of this letter), as well as many members of the legislature, have all stated that their intention in both HJR 44 and I-I]3 2076 was to eliminate taxes on travel trailers. Both Representative Flores and Senator Lucio have committed to introduce legislation during the next session to resolve these questions and to end ad valorem taxation of travel trai'l, ers. In addition to-clarifying this tax eaemption, the Legislature could opt to require any travel trailer taxes collected this year to be refunded next year. In recognition of the currently unsettled condition of the law, we ask that you consult with your legal counsel about whether you should refrain from implementing these unintentional changes until the legislature clarifies this issue next session. Please let us know if our offices can assist you with this issue. Sincer~ Rick Perry Eddie Lucio Kino Flores Todd ~ Governor State Senator State Representative State Senator Warren D. Chisum C/' Teel B~vins State Representative State Senator David A. Swinford State Representative David Farabee S tare Representative ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN EXEMPTION FROM AD VALOREM TAXATION FOR TRAVEL TRAILERS PURSUANT TO TEXAS TAX CODE SECTION 11.142; PROVIDNG THAT ADOPTION OF EXEMPTION SHALL BE EFFECTIVE FOR 2002 TAX YEAR; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2001, voters approved an amendment to the Texas Constitution that authorized the Legislature to allow an ad valorem tax exemption of travel trailers which are used for personal use and not for the production of income; and WHEREAS, the Texas Legislature by Texas Tax Code Sec. 11.142 provides that the local governing body other than school districts may exempt travel trailers from taxation if they were registered in compliance with Chapter 502 of the Transportation Code and it was not held for the production of income; and WHEREAS, the City Council of the City of Demon, Texas finds that it is in the public interest to grant such tax exemption for travel trailers; and; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That pursuant to Texas Tax Code Sec. 11.142 travel trailers shall be exempted from municipal ad valorem taxation. SECTION 2: That the exemption shall be available and effective for the tax year beginning on January 1, 2002. SECTION 3. If any section, subsection, paragraph, sentence clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgmem of a court of competent jurisdiction, it shall not affect any other section, subsection, paragraph, semence clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, subsection, paragraph, sentence, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: F:\share&dept\LGL\Our Documents\Ordinances\ 02\travel trailers tax exemption.doc Agenda 02-023 07/23/02 #23 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: July 23, 2002 City Manager's Office Mike Conduff, City Manager SUBJECT Consider the appointmem of a Deputy City Secretary. BACKGROUND Section 2.12 of the City Charter authorizes the City Manager to appoint a City Secretary and deputies subject to the approval of the City Council. It is requested that the Council approve the appointment of Linda Holley as Deputy City Secretary to assist in signing documents and the posting of agendas in the absence of the City Secretary and Assistant City Secretary. Respectfully submitted: Jennifer Walters City Secretary