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HomeMy WebLinkAboutOctober 08, 2002 Agenda AGENDA CITY OF DENTON CITY COUNCIL October 8, 2002 After determining that a quorum is present, the City Council will convene in a Work Session on Tuesday, October 8, 2002 at 5:30 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: Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of October 8, 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 into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below. 1. Closed Meeting: Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Consider and discuss possible settlement of a claim against the City of Denton by R.D. Forester. Regular Meeting of the City of Denton City Council on Tuesday, October 8, 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: 1. PLEDGE OF ALLEGIANCE U.S. Flag Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations B. Recognition of staff accomplishments. 3. CITIZEN REPORTS A. Receive citizen reports from the following: Nell Yeldell regarding zoning designations of property and problems with deeds. 2. Marvin Franks regarding Code Enforcement notice. City of Denton City Council Agenda October 8, 2002 Page 2 3. Dessie Goodson regarding before and after Code Enforcement, the Budget, and the City of Denton's Public Transportation. 4. Ross Melton regarding lawsuits, Code Enforcement, and lawyers. Terry Stansberry regarding promises made by the Code Enforcement that have never been taken care of. Gary Madrigal regarding eminent domain proceedings on Hickory Creek Road. 4. 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 A-P). 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 AP below will be approved with one motion, if items are pulled for separate discussion, they will be considered as the fa'st items following approval of the Consent Agenda. Consider approval of the minutes of September 3, 2002, September 10, 2002, and September 17, 2002. Consider approval of a resolution to declare the intent to reimburse expenditures from the unreserved fund balance of the Recreation Fund with Certificates of Obligation so that a project approved in the 2002-2003 Capital improvement budget may be commenced; and providing an effective date (Project - $565,000 for Aquatic Center Water Park equipment). Consider approval of a resolution approving the issuance of bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society; and providing an effective date. Consideration adoption of an ordinance authorizing the City Manager to execute an agreement for a grant with the Texas State Library and Archives Commission to provide library services to preschool children in daycare centers; ratifying the actions of the City Manager, Director of the Library, and other City officials in regard to the grant application; and providing an effective date. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an interlocal ambulance agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. City of Denton City Council Agenda October 8, 2002 Page 3 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an inteflocal fu'e protection agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of hand tools and miscellaneous hardware; and providing for an effective date (Bid 2886 - Hand Tools and Miscellaneous Hardware awarded to Grainger Industrial Supply in the estimated amount of $30,000). Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of light bars, pagers and office supplies; providing for the expenditure of funds therefore; and providing an effective date (File 2894 - Inteflocal Agreement for Light Bars, Pagers and Office Supplies with Tarrant County awarded to Emergency Vehicle Equipment (Light Bars) in the estimated amount of $25,000, Verizon Wireless Messaging (Pagers) in the estimated amount of $80,000, and Corporate Express of Texas (Office Supplies) in the estimated amount of $120,000). Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Promotional Commercials from Charter Media, Denton, Texas, pertaining to Denton Municipal Electric, which are available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; authorizing the expenditure of funds therefore; and providing an effective date (File 2901 - Charter Media in the amount of $36,608). Consider adoption of an ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton, Texas and 1-35 RV Park for the city's participation in the oversizing of water mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving the Second Amendment to that Agreement between the City of Denton and the Denton Affordable Housing Corporation; authorizing the City Manager to execute the Second Amendment; and providing an effective date. L. Consider approval of tax refunds for the following property taxes: Name Reason Tax Amount Year 2. Lereta Corporation for Mark & Nanette Overpayment 2001 551.46 Behning City of Denton City Council Agenda October 8, 2002 Page 4 Name Reason Tax Amount Year 3 S~ ~itie ~O~ ~}~ fo ~ 200~ 989 4. Bryan & Angela Everheart Duplicate Payment 2001 729.43 Consider approval of a 2001 ttx refund to Popp & Ikard LLP for First Denton Ltd. on behalf of Pace's Crossing in the amount of $6,901.52. Consider approval of a 2001 tax refund to Student Housing Corporation on behalf of Jefferson Commons in the amount of $52,485.73 ($51,123.80 base, plus $1,361.93 interest.) Consider adoption of an ordinance of the City of Denton, Texas amending the Schedule of Electric Rates contained in ordinance No. 2002-267; amending and superseding all prior ordinances which created and dealt with the Denton Municipal Electric EnergySave Program in any manner; adopting a new amended EnergySave Schedule (amended Schedule EP); providing for the expenditure of funds; adopting declarations and fundings in the preamble; providing for a repealer; providing for a savings clause; providing for a severability clause; and providing for an effective date. Consider approval of a resolution authorizing the City of Denton to participate in the coalition of cities on police power/preemption issues in matters conceming proceedings before the Public Utility Commission; and providing an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Consider an appeal from Ruby Cole regarding costs imposed for mowing fees in accordance with Section 20-72 of the City of Denton Code of Ordinances. New Business This item provides a section for Council Members to agendas or to request information from the City Manager. suggest items for future Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda October 8, 2002 Page 5 CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, 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. Item #4A CITY OF DENTON CITY COUNCIL MINUTES September 3, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 3, 2002 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding wastewater service in the Clear Creek and Milam Creek Basins. Jim Coulter, Director of Water Utilities, stated that the Clear Creek Basin and Milam Creek Basin constituted the majority of the northern portion of the wastewater service area north of Loop 288 from west of IH 35 to the proximity of the Elm Fork of the Trinity Fiver. Two major developments were proposed in the Basins that would pose a challenge for wastewater service in the area north of Loop 288. In addition the EPA had verbally notified staff that fines would be levied due to overflows reported to the EPA and TNRCC. P. S. Arora, Assistant Director of Wastewater, stated that a modeling study had been done to determine the impact of the Clear Creek Ranch wastewater flows on the Pecan Creek System south of Loop 288. It was determined that the existing system could not accommodate all flows from the proposed development. One option was to route all flows through the existing collection system south of Loop 288 from the proposed developments. Additional capital improvements would be necessary to accommodate flows. The second option was to develop a wastewater collection and treatment system in the Clear Creek Basin. Consensus of Council was to proceed with the hiring of a consultant to begin work on the design. 2. The Council received a report, held a discussion and gave staff direction regarding Solid Waste Ordinance revisions. Vance Kemler, Director of Solid Waste, presented the details on the proposed revisions to the solid waste ordinance. Some of those revisions included establishing a set out time for garbage to be placed at the curb for residential collection; addressing litter and illegal dumping issues; establishing commercial customer requirements for container screening, placement and housekeeping around the containers; revising out-of-date definitions; establishing commercial and residential refuse collection operating hours; updating the code language on the prohibition from collection and disposal of certain materials and wastes to conform to current state and federal law; revising brush and yard waste collection requirements to reflect current practices; revising bulky items collection service to reflect current practices; and revising the permit and registration requirements for special waste and recycling service providers. Consensus of the Council was to proceed as proposed. 3. The Council received a report and held a discussion regarding the City of Denton Mosquito Control Program. City of Denton City Council Minutes September 3, 2002 Page 2 Kenneth Banks, Wastershed Protection Manager, reviewed the procedures hvolved in the City's program conceming mosquito protection. 4. The staff responded to Council requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of September 3, 2002. Regular Meeting of the City of Denton City Council on Tuesday, September 3, 2002 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. PROCLAMATIONS/PRESENTATIONS 2. Mayor Brock presented proclamations for Payroll Week and Day of Remembrance- September 11,2001. 3. The Council received a presentation by Keep Denton Beautiful, Inc. to the Denton Parks and Recreation Department, the Denton Independent School District, Safety-Kleen, Inc., and Ruthanne Thompson with environmental awards given by Keep Texas Beautiful in their annual statewide competition. Each winner was previously recognized in July at the Annual Keep Texas Beautiful Conference in San Antonio. 4. Recognition of staff accomplishments. City Manager Conduff presented staff accomplishments to the Council. CITIZEN REPORTS 5. The Council received citizen reports from the following: A. Carl Young, Sr. regarding various issues with the City. Mr. Young presented a petition regarding the naming of a street honoring Martin Luther King, Jr. and requested a study to determine the best street for receiving the name change. He spoke on the saving of the Quaker Home in southeast Denton and to place it either in the Civic Center Park or next to the Selby House. B. Ross Melton regarding the budget, Melton lawsuits, Code Enforcement, and lawyers. Mr. Melton repeated his concerns with the budget, his lawsuits, Code Enforcement, and lawyers. C. Dessie Goodson regarding code enforcement, tax abatements and city transportation. City of Denton City Council Minutes September 3, 2002 Page 3 Ms. Goodson expressed concerns about vegetation growing over city sidewalks that hamper walking on the sidewalks. She also expressed concern about the tax abatement given to Sally Beauty Supply and the LiNK transportation schedule. CONSENT AGENDA Council Member Fulton asked that items #25 and #28 be considered separately. McNeill motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of items #25 and #28. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. Item #25 was considered. Council Member Fulton questioned if Council Member McNeill had a conflict of interest with the vote on the funding for the Chamber of Commerce, as he was president of the Board of Directors. City Attorney Prouty stated that as the position was a volunteer and he did not receive any compensation, Council Member McNeill would not have a conflict of interest. Fulton motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. Item #28 was considered. Council Member Fulton questioned if Council Member Montgomery had a conflict of interest with the vote on the funding for the Courthouse Museum as he was listed as a member of the Board of Directors. Council Member Montgomery stated that he had resigned from the Board of Directors following his election to the Council. Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "nay", McNeill "aye", Montgomery "aye", Phillips "nay", Redmon "aye", and Mayor Brock "aye". Motion carded with a 5-2 vote. 6. NO. 2002-261 AN ORDINANCE AUTHORiZiNG THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH HDR ENGiNEERiNG, INC. FOR THE ENGINEERING DESIGN OF THE US 377/FT. WORTH DRIVE RAILROAD BRIDGE REPLACEMENT AS SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE (RFP 2860 - PROFESSIONAL SERVICES AGREEMENT FOR ENGiNEERiNG DESIGN OF US 377 AWARDED TO HDR ENGiNEERiNG, INC. FOR A TOTAL AMOUNT OF $513,303). City of Denton City Council Minutes September 3, 2002 Page 4 10. 11. NO. 2002-262 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE GAYLA BRIDGES STREET PAVING; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2855 - GAYLA BRIDGES STREET PAVING AWARDED TO JAGOE-PUBLiC CO. IN THE AMOUNT OF $89,798). NO. 2002-263 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LOOP 288 42" AND 36" WATER TRANSMISSION LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2872 - LOOP 288 42" AND 36" WATER TRANSMISSION LINES AWARDED TO THE LOWEST RESPONSIBLE BIDDER IN THE BASE BID AMOUNT OF $2,132,782.60 PLUS ALTERNATES A AND B IN THE AMOUNT OF $27,500 FOR A TOTAL AMOUNT OF $2,160,282.60). NO. 2002-264 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST ELEVATED STORAGE TANK SUPPLY LINE PROJECT; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2874 - NORTHWEST ELEVATED STORAGE TANK SUPPLY LINE AWARDED TO TEXAS ELECTRIC UTILITY CONSTRUCTION, INC. IN THE AMOUNT OF $344,825.74). NO. 2002-265 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF SEMI-AUTOMATED RECYCLING CARTS BY WAY OF AN iNTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (iNTERLOCAL AGREEMENT - PURCHASE ORDER 106474 TO ItGAC IN THE AMOUNT OF $594,585). NO. 2002-266 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PRINTING, TYPESETTING, DISTRIBUTION AND ADVERTISEMENT SALES FOR THE PARKS AND RECREATION DEPARTMENT'S PLAY SEASONAL BROCHURE; PROVIDING FOR THE City of Denton City Council Minutes September 3, 2002 Page 5 EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2871 - P.A.R.D. SEASONAL BROCHURES AWARDED TO THE LOWEST BIDDER FOR EACH SECTION IN THE GROSS AMOUNT OF $39,912.85 LESS $12,000 (ESTIMATED AD REVENUE) FOR A NET ESTIMATED COST OF $27,912.85). 12. NO. R2002-034 A RESOLUTION ALLOWING MI CASITA RESTAURANT TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA EVENT ON SEPTEMBER 28, 2002, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 13. NO. R2002-035 A RESOLUTION OF THE CITY OF DENTON TEXAS APPROVING REVISED CITY POLICIES REGULATING NEPOTISM POLICY FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. 14. NO. R2002-036 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING DISCIPLINARY APPEAL POLICY FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. 15. NO. R2002-037 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING MILITARY SERVICE LEAVE POLICY FOR THE CITY OF DENTON EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. (Items 16-35 were items that supported the proposed 2002-2003 budget and had been previously considered in budget work sessions) 16. NO. 2002-267 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2001-337 FOR ELECTRIC SERVICE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 17. NO. 2002-268 AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 2001-334 FOR WATER SERVICE AND WATER RATES; AMENDING THE WHOLESALE RAW WATER SERVICE RATE TO UPPER City of Denton City Council Minutes September 3, 2002 Page 6 TRINITY REGIONAL WATER DISTRICT (SCHEDULE WRW); DELETING THE MISCELLANEOUS FEES SCHEDULE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABiLiTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 18. NO. 2002-269 AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO. 2001-335 FOR WASTEWATER SERVICE; AMENDING THE COMPOST AND WOOD 1VIJLCH SCHEDULE TO ADD A NEW COMPOST PRODUCT (SCHEDULE CWM); AMENDING THE CHARGES FOR UNCONTAMINATED GRASS/BRUSH/LEAVES AND ADDING A MINIMUM CHARGE (SCHEDULE GBL); ADDING THE PROVISION OF THE SCHEDULED RESPECTING THE STORM DRAINAGE FEE (SCHEDULE SD) CONTAINED IN ORDINANCE NO. 2002-019; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABiLiTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 19. NO. 2002-270 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBERS 2001-333 AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, 26-8(A), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE; REVISING THE APPLICATION FOR RATE SWR, DELETING THE SURCHARGE FROM THE RESIDENTIAL SOLID WASTE COLLECTION SERVICE AND RE-ASSIGNING THE SURCHARGE TO THE RESIDENTIAL SOLID WASTE COLLECTION SERVICES RATE, ESTABLISHING THE CHARGES FOR CONTAINERIZED RESIDENTIAL CART SERVICE, AMENDING THE CHARGES FOR MINIMUM BILLING/BASE RATE SERVICE UPON CONDITION AND APPLICATION AMENDING THE CHARGES FOR LANDSCAPE WASTE, ADDING THE CHARGES FOR RESiDENTiAL CONSTRUCTION MATERIALS (SCHEDULE SWR); ESTABLiSHiNG THE RATE FOR RESiDENTiAL CURBSiDE RECYCLING AND PROCESSING SERVICES; EXCEPTION TO iMPOSiTiON OF RATE (SCHEDULE SWRR); ESTABLISHING THE RESIDENTIAL FINANCIAL NEED SERVICE DISCOUNT (SCHEDULE SWRD); INCREASING SERVICE CHARGES FOR COMMERCIAL FRONT-LOAD AND SIDE-LOAD CONTAINERS, AMENDING THE CHARGES FOR COMMERCIAL CART SERVICE, ADDING HAND-COLLECTED COMMERCIAL SERVICE, INCREASING THE RENTAL CHARGE FOR TEMPORARY CONTAINER SERVICE, DECREASING THE COMMERCIAL MINIMUM RATE, ESTABLISHING A MINIMUM SERVICE REQUIREMENT FOR TEMPORARY CONTAINERS, DELETING THE SURCHARGE FROM THE COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE AND RE-ASSIGNING THE SURCHARGE TO THE COMMERCIAL AND iNSTiTUTiONAL SOLID WASTE COLLECTION SERVICE RATE, AMENDING THE NUMBER OF BULKY ITEMS COLLECTED FROM PERMANENT SERVICE CUSTOMERS AT NO ADDITIONAL CHARGE, City of Denton City Council Minutes September 3, 2002 Page 7 AMENDING THE COMMERCIAL DEPOSIT REQUIREMENTS (SCHEDULE SWC); ESTABLISHING A MINIMUM LANDFILL CHARGE, ESTABLISHING AN OFF- ROAD TIRE CHARGE, AMENDING THE LANDSCAPE WASTE CHARGES, EXPANDING THE INERT MATERIALS RATE TO INCLUDE BRICK/BLOCK, INCREASING THE UNSECURED LOAD CHARGE (SCHEDULE SWL); PROViDiNG FOR A REPEALER; PROViDiNG FOR A SEVERABiLiTY CLAUSE; AND PROViDiNG FOR AN EFFECTIVE DATE. 20. NO. 2002-271 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND TAXPAYERS CONTAINED IN ORDINANCE NO. 2001-336; AMENDING THE ELECTRIC AND WATER CONNECTION CHARGE TO INCLUDE ELECTRIC SERVICE REQUESTED AFTER BUSINESS HOURS CHARGE AND WATER SERVICE REQUESTED AFTER BUSINESS HOURS CHARGE; AMENDING THE DELINQUENT SERVICE CHARGE TO INCLUDE A RECONNECT CHARGE AFTER BUSINESS HOURS; ADDING UNAUTHORIZED USAGE PENALTY; CHANGING THE NAME OF THE METER READING AND TEST CHARGES RATE SCHEDULE TO METER CHARGES; ADDING A METER TAMPERING AND/OR DAMAGE CHARGE; ADDING METER iNACCESSiBiLiTY CHARGE; AMENDING THE SERVICE DEPOSITS FOR COMMERCIAL CUSTOMERS TO REQUIRE DEPOSIT IF SERVICE DISCONTINUED FOR NON PAYMENT; ADDING A LATE PAYMENT CHARGE DUE ON DELINQUENT BALANCES; ADDING AN INTEREST CHARGE ON PAST DUE BALANCES; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABiLiTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 21. NO. 2002-272 AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 22. NO. 2002-273 AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 23. NO. 2002-274 AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes September 3, 2002 Page 8 24. 25. 26. 27. 28. 29. NO. 2002-275 AN ORDINANCE AMENDING SECTION 22-38 OF CHAPTER 22 (PARKS AND RECREATION) OF THE CODE OF ORDINANCES OF THE CiTY OF DENTON, TEXAS, RELATING TO FACILITY AND PROGRAM FEES BY ADOPTING A SCHEDULE OF FEES; REPEALING ALL FEES IN CONFLICT WITH SUCH SCHEDULE; REPEALING ORDINANCE NO. 99-311 AND ALL ORDINANCES IN CONFLICT WITH THE NEW SCHEDULE OF FEES; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-276 AN ORDINANCE APPROVING THE CALENDAR YEAR 2003 ("CY2003") BUDGETS FOR THE USE OF HOTEL TAX REVENUE BY THE GREATER DENTON ARTS COUNCIL, THE DENTON CHAMBER OF COMMERCE, AND THE NORTH TEXAS STATE FAIR; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-277 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-278 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COMMUNITY THEATRE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-279 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE iN SUPPORT OF THE BAYLESS-SELBY HOUSE AND THE COURTHOUSE-ON-THE SQUARE MUSEUMS; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-280 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes September 3, 2002 Page 9 30. 31. 32. 33. 34. 35. NO. 2002-281 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON HOLIDAY FESTIVAL ASSOCIATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-282 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEJAS STORYTELLING ASSOCIATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-283 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF DENTON, TEXAS FOR THE FISCAL YEAR BEGiNNiNG OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003; AND DECLARING AN EFFECTIVE DATE. NO. R2002--38 A RESOLUTION ADOPTING THE FIRST YEAR OF THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION AND PUBLIC UTILITIES BOARD; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-284 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 2002, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2002, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABiLiTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-285 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2002 TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes September 3, 2002 Page 10 PUBLIC HEARINGS 36. The Council held a public heating and considered adoption of an ordinance rezoning approximately 0.33 acres from a Downtown Residential 1 (DR-1) zoning dstrict to a Downtown Residential 2 (DR-2) zoning district. The property commonly known as 918 Avenue A, was generally located at the northwest comer of Fannin and Avenue A, south of Eagle Drive. Multi- family residential was being proposed. The Planning and Zoning Commission recommended approval (3-2). (Z02-0033, 918 Avenue A) Doug Powell, Director of Planning and Development, presented the details of the proposal. The Mayor opened the public heating. The following individual spoke during the public heating: Karen Mitchell, Mitchell Planning Group - favor The Mayor closed the public heating. The following ordinance was considered: NO. 2002-286 AN ORDINANCE OF THE CITY OF DENTON, TEXAS REZONING AN APPROXIMATE 0.33 ACRE OF LAND LOCATED AT 918 AVENUE A AND LEGALLY DESCRIBED AS LOT 6 OF F. W. DARNELL ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (Z02-0033) McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 37. The Council held a public heating and considered adoption of an ordinance granting a license for a ,trface use of a portion of the Denton Branch Rail Trail approximately 570 feet south of Walton Road at milepost 727.5 for the installation of a private street in accordance with Chapter 26 of the Texas Parks and Wildlife Code. Bob Ticker, Superintendent of Planning and Development-Parks and Recreation, presented the details of the proposal. The Mayor opened the public heating. City of Denton City Council Minutes September 3, 2002 Page 11 The following individuals spoke during the public heating: Bobby Dollak, 111 Hillside Drive, Lewisville, 7507 - favor Ben Pinnell, Rt. 13, Corinth, 76201 - favor The Mayor closed the public heating. The following ordinance was considered: NO. 2002-287 AN ORDINANCE GRANTING APPROVAL OF A LICENSE FOR THE SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 570 FEET SOUTH OF WALTON ROAD AT MILE POST 727.5 FOR THE PURPOSE OF A PRIVATE ROADWAY CROSSING IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF AN EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Fulton motioned, Burroughs seconded to adopt the ordinance and requested staff to file the license with the County. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION Mayor Brock left the meeting with a conflict of interest. 38. The Council considered adoption of an ordinance on third reading amending the existing Gas Franchise between the City and TXU Gas Company, to provide for a different consideration and to authorize the lease of facilities within the City's rights-of-way; providing for acceptance by TXU Gas Company; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and providing an effective date. The following ordinance was considered: NO. 2002-288 AN ORDINANCE ON THIRD READING AMENDING THE EXiSTiNG GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMiNiNG THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. Fulton motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. City of Denton City Council Minutes September 3, 2002 Page 12 39. The Council considered adoption of an ordinance on third reading amending the existing Electric Franchise between the City and Oncor Electric Delivery Company, to provide for a different consideration; providing for acceptance by Oncor Electric Delivery Company; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and providing an effective date. The following ordinance was considered: NO. 2002-289 AN ORDINANCE ON THIRD READING AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. Fulton motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. 40. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Phillips suggested looking into funding from TxDot for construction of sidewalks on East McKinney between Loop 288 and Ryan High School. B. Council Member Redmon asked for a study for the naming of a street in honor of Martin Luther King, Jr. 41. items from the City Manager Mr. Conduff did not have any items for Council. 42. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 43. There was no official action on Closed Meeting item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:20 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULiNE BROCK MAYOR CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES September 10, 2002 After determining that a quorum was present, the City Council convened in a Planning Session on Tuesday, September 10, 2002 at 4:30 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members McNeill, Montgomery, Phillips, and Redmon. ABSENT: Council Member Fulton 1. The Council received a report, held a discussion, and gave staff direction regarding regional transportation issues. Dave Hill, Assistant City Manager for Development Services, reviewed the background information sections of the transportation white paper presented to Council. Those sections included population increases, regional congestion, access management rules, urban area designations, Texas Mobility Fund, air quality, various road improvement projects in and around the City of Denton, future construction candidates, public/private parmerships and recommendations. Guest speakers included Jon Polster, Denton County Transportation Coordinator; Michael Morris, NCTCOG Transportation Department Director; Jay Nelson, TxDot Dallas District Engineer; Don Dillard, North Texas Tollway Authority Director; and Charles Emory, Denton County Transportation Authority Interim Executive Committee Chairman. Council discussed with the guest speakers the importance of the transportation needs for the City of Denton and funding sources. With no further business, the meeting was adjourned at 7:00 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES September 17, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 17, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding the history of the Fry Street Fair, related public safety issues, and staff recommendation to relocate the event. Charles Wiley, Police Chief, and Ross Chadwick, Fire Chief, presented an overview of the Fry Street Fair. Chief Wiley reviewed the boundaries of the Fair, streets impacted by the Fair, arrests and citations, photos taken during the Fair, police manpower required for the Fair, and recommendation. It was staff's recommendation that the Police and Fire Departments deny permits to locate the Fair in the Fry Street area, and encourage the Lodge to locate the event at a more conducive site. Ross Chadwick, Fire Department, presented fire department concerns regarding the Fair. A major concern was getting fire and rescue personnel on site in the quickest response time in order to assist with fire and emergency situations. Council discussed alternative locations for the Fair, logistics of the Fair dealing with arrests and injuries, and Financial considerations. Mayor Pro Tem Burroughs suggested Council receive feedback on safety measures to accommodate the Fair at the present location, cost of those measures and feedback from Delta Lodge to finance those measures including any possible increase of City sales tax due to the event. 2. The staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of September 17, 2002. Following the Work Session, the Council convened in a Closed Session: 1. Council considered the following in Closed Meeting: Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Considered and discussed status of litigation styled Impact Outdoor Advertising, et al. v. City of Denton, Cause No. TI-2000-01224, currently pending in the Probate Court of Denton County, Texas Regular Meeting of the City of Denton City Council on Tuesday, September 17, 2002 at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes September 17, 2002 Page 2 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. PROCLAMATIONS/PRESENTATIONS 2. Mayor Brock presented the following proclamations: Constitution Week Destination Dignity Month Our Daily Bread Volunteer Month American Association of University Women Race Unity in City of Denton Day 3. The September Yard-of-the-Month Awards were presented to: Mr. and Mrs. Howard A. Foster Wally and Sue Kille Donald and Laura Grahl Mr. and Mrs. Russell Lee Morgan Zulah L. Coleman Howard and Sharon Weatherly Joe and Joy Wright-Xeriscaped Yard All for Your Nails-Commercial 4. City Manager Conduffpresented recognitions of staff accomplishments. CITIZEN REPORTS 5. The following individuals presented citizen reports: A. Joe Ialenti regarding the Council decision-making process. Mr. Ialenti stated that he was concerned about the way Council gathered information for its decisions and citizen participation in those decisions. In particular was the method used in the decision made in regards to automated solid waste collection. He presented suggestions for governance enhancements. B. Robert Kam regarding KDTN - Channel 2. Mr. Kam was not present at the meeting. C. Nell Yeldell regarding concrete waste and Customer Service. Ms. Yeldell was not present at the meeting. City of Denton City Council Minutes September 17, 2002 Page 3 D. Dessie Goodson regarding Denton Housing Authority appointees and the City of Denton public transportation. Ms. Goodson stated that she had problems contacting the members of the Denton Housing Authority. She again stated she had concerns with the Denton public transportation system, the routes, and the lack of benches at the stops. E. Ross Melton, Jr. regarding the budget, Melton lawsuits, Code Enforcement, the lawyers, and witness subpoenas. Mr. Melton stated that he was still having problems with his lawsuits conceming Code Enforcement. He also had problems with the budget approved by the Council. F. Paul Mcenany regarding the Fry Street Fair. Mr. Mcenany stated that the Fry Street Fair was very important to the culture of the City of Denton including the music culture of the City. Local businesses were also positively affected by the Fair. He felt that some of the issues presented in the Work Session discussion were not part of the Fair but rather outside the Fair. G. Robert Slusarski regarding the Fry Street Fair. Mr. Slusarski stated that he owned a business in the area of the Fry Street Fair and was in favor of keeping the Fair in its present location. He felt that the problems stated in the Work Session could be solved. H. Kavita Vadgama regarding the Fry Street Fair. Ms. Vadgama stated that the Fry Street Fair proceeds helped various organizations in the City. Before the fire at their house, over 50% of the proceeds of the Fair went to charities. She listed the various charities that received contributions from the Fair proceeds. i. B.J. Chiszar regarding the Fry Street Fair. Mr. Chiszar stated that the City administration should respect the rights of all citizens regardless of age and concept of quality of life. He did not feel that the safety issues were greater than the benefits of the Fair. He felt that the event needed to be enlarged in order to better control the crowds. CONSENT AGENDA Mayor Brock withdraw item #25 for separate consideration. McNeill motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of item #25 and to change the amount of item #23 to $2,000.00. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Mayor Brock "aye". Motion carded unanimously. City of Denton City Council Minutes September 17, 2002 Page 4 Item #25 was considered. Burroughs motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Approved the minutes of August 1, 2002, August 13, 2002, August 20, 2002, and August 21, 2002. 7. NO. 2002-290 AN ORDINANCE AUTHORiZiNG THE CiTY MANAGER TO EXECUTE A PERSONAL SERVICES AGREEMENT WITH BARBARA T. MCCALL ASSOCIATES, INC. TO PROVIDE CERTAIN INFORMATION AND SERVICES WITH REGARD TO LEGISLATION OF INTEREST TO THE CITY. NO. R2002-039 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPOINTMENT OF THE RESERVE POLICE OFFICERS LISTED IN THE RESOLUTION. NO. R2002-040 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT TO FACILITATE PUBLIC AWARENESS AND EDUCATION OPPORTUNITIES TO REDUCE LITTERING AND ILLEGAL DUMPING; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. 10. NO. R2002-041 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT TO REDUCE THE NUMBER OF ILLEGAL DUMP SITES AND EXPAND CLEAN-UP EVENTS THROUGH PUBLIC AND PRIVATE PARTNERSHIPS; AUTHORiZiNG THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF City of Denton City Council Minutes September 17, 2002 Page 5 THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. 11. NO. 2002-291 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL AID LAW ENFORCEMENT AGREEMENT BETWEEN THE CITY OF DENTON POLICE DEPARTMENT AND THE UNIVERSITY OF NORTH TEXAS POLICE DEPARTMENT TO ALLOW COOPERATION IN THE INVESTIGATION OF CRIMINAL ACTIVITY AND TO PROTECT HEALTH, LIFE, AND PROPERTY AGAINST SUCH THINGS AS RIOT AND NATURAL DISASTER OR MAN-MADE CALAMITY; AND PROVIDING FOR AN EFFECTIVE DATE. 12. NO. R2002-042 A RESOLUTION OF THE CITY OF DENTON TO FORM A REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT WITH OTHER AREA LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PROViDiNG AND RECEIVING LAW ENFORCEMENT ASSISTANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 13. NO. R2002-043 A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE DENTON POLICE DEPARTMENT'S PARTICIPATION IN AN INTER-JURISDICTIONAL PURSUIT POLICY AGREEMENT WITH LOCAL LAW ENFORCEMENT AGENCIES iN THE GREATER DALLAS-FT. WORTH NORTH TEXAS AREA FOR THE PURPOSE OF COORDINATING A LAW ENFORCEMENT RESPONSE TO THE EMERGENCY CONDITIONS CAUSED BY VEHICULAR PURSUITS; AND PROVIDING FOR AN EFFECTIVE DATE. 14. NO. R2002-044 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. 15. NO. 2002-292 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DAYCARE PROGRAM FOR LOW-INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2878 - DAYCARE PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO DENTON CITY COUNTY DAY SCHOOL IN THE AMOUNT OF $35,000). 16. NO. 2002-293 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE CONGREGATE AND HOME DELIVERED MEALS City of Denton City Council Minutes September 17, 2002 Page 6 PROGRAM FOR SENIOR CITIZENS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2880 - CONGREGATE AND HOME DELIVERED MEALS PROGRAM FOR SENIOR CiTiZENS AWARDED TO SPAN IN THE AMOUNT OF $29,000). 17. NO. 2002-294 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PRENATAL PROGRAM FOR LOW-INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BiD 2881 - PRENATAL PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO FAMILY HEALTH CARE, INC. FOR $30,000). 18. NO. 2002-295 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SELF-SUFFICIENCY PROGRAM FOR LOW INCOME AND HOMELESS HOUSEHOLDS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2882 - SELF- SUFFICIENCY PROGRAM FOR LOW INCOME AND HOMELESS HOUSEHOLDS AWARDED TO HOPE, INC. IN THE AMOUNT OF $30,000). 19. NO. 2002-296 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION AND PREVENTION PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTiVE DATE (BiD 2883 - RELATiONSHiP VIOLENCE AND SEXUAL ASSAULT PROGRAM AWARDED TO DENTON COUNTY FRIENDS OF THE FAMILY, iNC. IN THE AMOUNT OF $36,000). 20. NO. 2002-297 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CHiLDCARE EXPANSION PROGRAM FOR LOW INCOME CHILDREN, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2892 - CHiLDCARE EXPANSION PROGRAM FOR LOW-INCOME CHILDREN AWARDED TO DENTON CHRISTIAN PRESCHOOL IN THE AMOUNT OF $30,000). 21. NO. 2002-298 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTiVE DATE (BiD 2893 - INFANT AND CHILD City of Denton City Council Minutes September 17, 2002 Page 7 PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO FRED MOORE DAY NURSERY SCHOOL IN THE AMOUNT OF $39,000). 22. NO. 2002-299 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND REACH, iNC. FOR PROViSiON OF GROUP COUNSELING SESSIONS FOR DENTON RESIDENTS WITH DISABILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 23. NO. 2002-300 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND CUMBERLAND PRESBYTERIAN CHILDREN'S HOME FOR PROVISION OF VARIOUS COUNSELING AND OTHER FAMILY SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 24. NO. 2002-301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME IMPROFEMENT AND OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $25,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. 25. NO. 2002-302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES iN EXCESS OF $25,000 FOR PROJECTS MEETING THE PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. 26. NO. 2002-303 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING A PERSONAL AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND LYNN CARDONA FOR CONSULTING SERVICES AND SYSTEM ASSISTANCE IN THE FINANCiAL/HUMAN RESOURCE SOFTWARE KNOWN AS JD EDWARDS; AND PROVIDING AN EFFECTIVE DATE (PERSONAL AND PROFESSIONAL SERVICES AGREEMENT WITH LYNN CARDONA IN THE AMOUNT NOT TO EXCEED $22,000). City of Denton City Council Minutes September 17, 2002 Page 8 27. NO. 2002-304 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DRUG TESTING AND PHYSICALS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (RFSP 2873 - OCCUPATIONAL HEALTH SERVICES, CONTRACT NURSE, DRUG TESTING, AND PHYSICALS AWARDED TO PINNACLE DIAGNOSTICS ACCORDING TO THE FEE SCHEDULE). 28. NO. 2002-305 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 32 FT. QUARTER FRAME END DUMP TRAILER; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTiVE DATE (BiD 2888 - 32 FT. QUARTER FRAME END DUMP TRAILER AWARDED TO CLEMENT TRAILERS DALLAS, INC. iN THE AMOUNT OF $28,250). 29. NO. 2002-306 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A MOTOR GRADER AND RUBBER TIRE LOADER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2889 - MOTOR GRADER, RUBBER TiRE LOADER AWARDED TO HOLT CAT IN THE AMOUNT OF $336,706). 30. NO. 2002-307 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF AN AERIAL DEVICE (BUCKET TRUCK) 82' AND BRUSH CHIPPER; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTiVE DATE (BiD 2890 - AERIAL DEVICE (BUCKET TRUCK) 82' AND BRUSH CHIPPER AWARDED AS LISTED IN THE TOTAL AMOUNT OF $175,844). 31. NO. 2002-308 AN ORDINANCE PROVIDING FOR THE PURCHASE OF A POST-WARRANTY SUPPORT CONTRACT FOR THE SUPERVISORY CONTROL AND DATA ACQUiSiTiON (SCADA) 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 (FILE 2896 - POST-WARRANTY SUPPORT CONTRACT AWARDED TO ADVANCED CONTROL SYSTEMS IN THE AMOUNT OF $29,484). City of Denton City Council Minutes September 17, 2002 Page 9 32. NO. 2002-309 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 28 "BUILDING AND BUILDING REGULATIONS" BY AMENDING SECTION 28- l ll(A), LICENSE - REQUIRED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES THAT CONFLICT HEREWITH; PROVIDING A SEVERABiLiTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 33. NO. 2002-310 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY ("TMPA"), AND THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF A CITY WATER PIPELINE ACROSS AN EXISTING TMPA EASEMENT AS PART OF THE CITY OF DENTON LOOP 288 42-INCH AND 36-INCH WATER TRANSMISSION PIPELINE PROJECT, LOCATED WITHIN A TRACT OF LAND SITUATED IN THE T. TOBY SURVEY ABSTRACT NUMBER 1288, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PART OF THE 110.257 ACRES DESCRIBED iN THE DEED FROM TERI TAYLOR COMPANIES, INC. TO VANDALAR PARTNERS RECORDED UNDER CLERK'S FILE NUMBER 93-R0094497 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 34. NO. 2002-311 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, RELATING TO THE PURCHASE OF AN APPROXIMATE SIXTY-NINE ACRE TRACT OR PARCEL OF LAND BEING A PART OF LOT 1, BLOCK A OF THE LAKE FOREST GOOD SAMARITAN VILLAGE, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET F, PAGE 36, PLAT RECORDS, DENTON COUNTY, TEXAS, FOR USE AS A COMMUNITY PARK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 35. Approved an exaction variance of Section 35.20.2(B.) of the Code of Ordinances conceming sidewalk for the San Jacinto Plaza Addition, being a 2.602 acre commercial parcel located in a Regional Cemer Commercial Downtown (RCC-D) zoning district and on the northeasterly comer of iH35E northbound frontage road and San Jacinto Blvd. The Planning and Zoning Commission recommended approval of a full variance (5-0). (V02-0014) 36. Approved an exaction variance of Section 35.20.3(B.) of the Code of Ordinances conceming sidewalk for the San Jacinto Plaza Addition, being a 3.569 acre commercial parcel located in a Regional Cemer Commercial Downtown (RCC-D) zoning district and City of Denton City Council Minutes September 17, 2002 Page 10 on the iH35E northbound frontage road approximately 700 feet north of San Jacinto Blvd. The Planning and Zoning Commission recommended approval of a full variance (5-0). W02-0015) 37. Approved an exaction variance of Section 35.20.2(H.1.) of the Code of Ordinances conceming easemems and fight of ways for the San Jacinto Plaza Addition, being a 2.602 acre commercial parcel located in a Regional Cemer Commercial Downtown (RCC-D) zoning district and on the northeasterly comer of iH35E northbound fromage road and San Jacinto Blvd. The Planning and Zoning Commission recommended approval of a full variance (5-0). (V02-0016) 38. NO. 2002-312 AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 2002-002 (SCHOOL ZONES) REVISING THE P.M. HOUR OF OPERATION FOR STRICKLAND, CALHOUN AND MCMATH MIDDLE SCHOOLS, FROM THE EXISTING "3:30 P.M. UNTIL 4:30 P.M. ON SCHOOL DAYS" TO "3:00 P.M. UNTIL 4:00 P.M. ON SCHOOL DAYS". 39. NO. 2002-313 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER iNTO A PROFESSIONAL SERVICES AGREEMENT WITH TIP STRATEGIES, INC. TO PROVIDE CONSULTING SERVICES FOR A DENTON ECONOMIC DEVELOPMENT STRATEGIC ACTION PLAN; AND PROVIDING AN EFFECTIVE DATE. 40. NO. 2002-314 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PAY THE CITY'S ANNUAL DUES TO THE TEXAS PUBLIC POWER ASSOCIATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. 41. NO. 2002-315 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH LLOYD, GOSSELiNK, BLEViNS, ROCHELLE, BALDWIN & TOWNSEND, P.C., FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, iN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE PROTECTION OF THE CITY'S iNTERESTS IN ITS APPLICATION TO CHANGE DENTON MUNICIPAL ELECTRIC'S RATES FOR WHOLESALE TRANSMISSION SERVICE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes September 17, 2002 Page 11 42. NO. 2002-316 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 26 RELATING TO THE FURNISHING OF UTILITIES BY AMENDING SECTIONS 26-3(B)(2), 26-4(A)(2) AND (3), 26-4(C), 26-5(B), 26- 6(A) THROUGH (L), 26-8(A), (C) AND (D), 26-9(A), (C), (D), (F), (G), (i), AND (K), AND 26-10(5); FURTHER PROVIDING FOR AMENDMENTS TO SECTIONS 26-6 TO PROVIDE FOR AN INSTALLATION CHARGE; TO PROVIDE FOR AN UNAUTHORIZED USAGE PENALTY; TO PROVIDE FOR A METER READING CHARGE; TO PROVIDE FOR A METER TESTING CHARGE; TO PROVIDE FOR A METER TAMPERrNG AND/OR DAMAGE CHARGE; TO PROVIDE FOR A METER INACCESSIBILITY CHARGE; TO PROVIDE FOR A RETURNED PAYMENT CHARGE; TO PROVIDE FOR A LATE PAYMENT CHARGE DUE ON DELINQUENT BALANCES; TO PROVIDE FOR AN INTEREST CHARGE ON PAST DUE ACCOUNT BALANCES PRIOR MONTH PAST DUE BALANCE; TO PROVIDE FOR A CREDIT REPORT CHARGE; TO ENACT AND PROVIDE FOR SECTION 26-126.2 OF THE CITY OF DENTON CODE OF ORDINANCES REGARDING TAMPERING WITH OR DAMAGING ELECTRIC OR WATER OR WASTEWATER SYSTEM; ILLEGAL CONNECTION TO ELECTRIC OR, WATER OR, WASTEWATER SYSTEM; UNLAWFUL USE OF ELECTRIC OR, WATER OR, WASTEWATER SYSTEM; ESTABLISHING VARIOUS PENALTIES FOR A VIOLATION OF SECTION 26-126.2 SUCH AS PUNISHMENT AS PROVIDED IN SECTION 1-12(A)(1) OF THE CODE OF ORDINANCES, AND/OR THE CITY ATTORNEY AUTHORIZED TO COMMENCE AN ACTION IN A COURT OF COMPETENT JURISDICTION FOR AN INJUNCTION TO PREVENT A VIOLATION OF THIS SECTION; AND/OR RECOVERY FOR DAMAGES TO THE WATER, WASTEWATER, OR ELECTRIC SYSTEMS RESULTING FROM A VIOLATION OF THIS SECTION; AND/OR RECOVERY FOR EXPENSES INCURRED BY THE CITY IN RESPONDING TO A VIOLATION OF THIS SECTION; AND/OR A CIVIL FINE OF UP TO ONE THOUSAND DOLLARS ($1,000) PER DAY FOR A VIOLATION OF THiS SECTION; AND/OR ALL OTHER DAMAGES, COSTS, AND REMEDIES TO WHICH THE CITY MAY BE ENTITLED; PROVIDING FOR PUBLICATION OF THE CAPTION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE FOR SECTION 26-126.2; PROVIDING FOR A SEVERABiLiTY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR AN EFFECTIVE DATE AS TO THE REMAINING PROVISIONS OF THIS ORDINANCE. 43. NO. 2002-317 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF FIRST AMENDED TASK ORDER NO. 02-B WITH R. J. COVINGTON CONSULTING, LLC, FOR TRANSMiSSiON COST OF SERVICE AND EARNINGS REPORT FILINGS WITH THE PUBLIC UTILITY COMMISSION OF TEXAS RELATING TO DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE City of Denton City Council Minutes September 17, 2002 Page 12 EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 44. NO. 2002-318 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE DESIGNATION OF RATE STABILIZATION FUNDS TO MEET RATE COVENANT COVERAGE REQUIREMENTS REQUIRED BY BOND RATING AGENCIES. 45. Re-appointed Mayor Pro Tem Mark Burroughs to the North Central Texas Council of Governments Regional Transportation Council. 46. NO. 2002-319 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER iNTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND WELLS FARGO BANK, NATIONAL ASSOCIATION FOR LEASE OF SPACE FOR THE ECONOMIC DEVELOPMENT DEPARTMENT AND PUBLIC TRANSPORTATION OFFICE; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 47. NO. 2002-320 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON FESTIVAL FOUNDATION AMENDING THAT CERTAIN AGREEMENT DATED JULY 23, 2002 FOR SUPPLEMENTAL FUNDING FOR THE 2003 DENTON ARTS AND JAZZ FESTIVAL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 48. NO. 2002-321 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT iN THE AMOUNT OF $3,000 BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY HISTORICAL MUSEUM, 1NC.; PROVIDING FOR THE EXPENDITURES OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 49. NO. R2002-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A FUNDING OBJECTIVE ENCOMPASSING THE FOLLOWING: "CREATE AND EXPAND MULTI-FAMILY HOUSING RECYCLING PROGRAMS THROUGHOUT THE REGION"; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS IN ALL MATTERS RELATED City of Denton City Council Minutes September 17, 2002 Page 13 TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON, TEXAS WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMiSSiON ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. 50. NO. R2002-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A FUNDING OBJECTIVE ENCOMPASSING THE FOLLOWING: "EXPAND COMMERCIAL RECYCLING EFFORTS IN BUSINESS AND GOVERNMENTS ACROSS THE REGION"; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON, TEXAS WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 51. The Council held a public heating and considered adoption of 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. Julie Glover, Main Street Manager, presented the details of the proposed ordinance. Eddie Martin, Assistant City Attorney, reviewed the changes made after the Council public heating by the ad hoc committee formed by Council to review the ordinance. The Mayor opened the public hearing. The following individuals spoke during the public heating: Bernadette Johansson, 1926 North Bell, Denton, 76201 - favor of the concept but not in favor of the proposed ordinance Gary Haden, 2106 N. Bell Denton, 76209 - favor of the concept but not in favor of the proposed ordinance A comment card was received from Peggy Capps, 915 W. Oak Street, in favor of the ordinance. The Mayor closed the public heating. City of Denton City Council Minutes September 17, 2002 Page 14 The following ordinance was considered: NO. 2002-322 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 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. Burroughs motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 52. The Council considered appointing a voting delegate and alternate voting delegate to the National League of Cities Annual Congress of Cities. Fulton motioned, McNeill seconded to nominated Mayor Brock as voting delegate and Mayor Pro Tem Burroughs as alternate voting delegate. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 53. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Phillips asked for a report on who would be responsible for he maintenance of the day laborer site after the present contract expired. B. Council Member Phillips asked for a report on the reconsideration of the zoning on the Bynum property on Oak Street. C. Council Member Phillips asked for a report on off-duty ~esponse time for on-call chiefs during off duty time D. Council Member Montgomery requested a report on the parking restrictions on Willowood Street. E. Council Member Redmon requested a meeting with Delta Lodge representatives, city staff, the police department and a non-quorum of council for airing of the proposal for Fry Street Fair City of Denton City Council Minutes September 17, 2002 Page 15 F. Council Member Redmon asked for a report on the budget strategy presented by the Fire Chief. 54. Items from the City Manager The City Manager reminded Council of the dedicated area on the City's web site for items of new business. 55. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 56. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:00 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS Item #4B AGENDA INFORMATION SHEET AGENDA DATE: October 8, 2002 DEPARTMENT: Management and Budget ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a resolution to declare the intent to reimburse expenditures from the unreserved fund balance of the Recreation Fund with Certificates of Obligation so that projects approved in the 2002-2003 Capital Improvement budget may be commenced; and providing an effective date. (Project - $565,000.00 for Aquatic Center Water Park Equipment). BACKGROUND The Recreation Fund is requesting a reimbursement resolution in the amount of $565,000. The funds will be provided by the Recreation Fund unreserved fund balance and will be reimbursed with Certificates of Obligation to be issued in the second quarter of fiscal year 2002-2003. The funds will be used to fund equipment for the Aquatic Center Water Park. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council approved the Capital Improvement project in the 2002-03 CIP budget on September 3, 2002. FISCAL INFORMATION This resolution will allow $565,000 from the Recreation Fund unreserved fund balance to be expended and subsequently reimbursed with Certificates of Obligation. Respectfully submitted: Anna Mosqueda Director of Management and Budget RESOLUTION NO. A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE RECREATION FUND WITH CERTIFICATES OF OBLIGATION SO THAT PROJECTS APPROVED IN THE 2002-2003 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. (PROJECT- $565,000 FOR AQUATIC CENTER WATER PARK EQUIPMENT) WHEREAS, the City of DeNon (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with the purchase of equipmem for the Aquatic Cemer Water Park more fully described in Attachmem "A" (the "Project"); and WHEREAS, the Issuer finds, considers, and declares that the reimbursemem of the Issuer for the paymem of such expenditures will be appropriate and consistem with the lawful objectives of the issuer and, as such, chooses to declare its imemion, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $565,000.00 for the purpose of paying the costs of the Project, as set forth in the attached Attachmem "A" which is made a part of this resolution for all purposes. SECTION 2: All costs to be reimbursed will be for equipment expenditures. No tax- exempt obligations will be issued by the issuer in furtherance of this resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. All amounts expended from the Unreserved Fund Balance for the Projects to pay any costs of the Projects shall be reimbursed from Certificate of Obligation proceeds within the 2002-2003 fiscal year. SECTION 3: The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4: This resolution 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: Page 2 S:\Our Documents\Resolutions\02LAquatic Center Park Equipment Res.doc ATTACHMENT "A" CITY OF DENTON, TEXAS ANNUAL PROGRAM OF SERVICES PROPOSED 2002-07 CAPITAL IMPROVEMENT PROGRAM RECREATION FUND YEAR DIV/DEPT PROJECT NAME OTHER* TOTAL REQUIRED CITY FUNDING AID TOTAL IN PROJECT CONST. COSTS 2002-03 Rec Water Park $ 565,000 $ TOTAL $ 565,000 $ 565,000 $ - $ 565,000 565,000 $ - $ 565,000 * Includes certificates of obligation, fund balance, and General Fund resources "Dedicated to Quality Service" Item #4C AGENDA INFORMATION SHEET AGENDA DATE: October 8, 2002 DEPARTMENT: Fiscal Operations ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a resolution approving the issuance of bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society; and providing an effective date. BACKGROUND The Colorado Health Facility Authority is planning to issue bonds for Evangelical Lutheran Good Samaritan Society's (the Society) facilities located in several states, including the facilities located in Denton. However, in order to issue these bonds, the City of DeMon's City Council must approve the bonds prior to their closing. This requirement is established under Section 147(f) of the Imernal Revenue Code of 1986. Specifically, "A bond shall satisfy the requiremems if such bond has been approved by a governmemal unit having jurisdiction over the area in which any facility (to be financed) is located". The City Council has previously taken similar actions for the Society. No liability will attach to the City in connection with this action. The Society is engaged primarily in operating nursing homes and residemial cemers for the elderly. The Society is exempt from federal income taxes under Section 501(c)(3) of the Imernal Revenue Code. The Society owns and operates two, long-term healthcare facilities, including related senior housing facilities, within the city. Specifically, they are located at 2500 Hinkle Drive and 3901 Momecito Drive. The proceeds, not to exceed $680,000, will be used to finance the acquisition, construction, improvement and equipping of 16 units of assisted living at the Lake Forest Good Samaritan Village, located at 3901 Momecito Dr., DeNon, Texas 76210 (the "Project"), owned and operated by The Evangelical Lutheran Good Samaritan Society (the "Society"). PRIOR ACTION/REVIEW A public hearing was held within the City at 215 E. McKinney St., at 9:00 a.m., on September 27, 2002, after publication of a Notice of Public Hearing (attached) in the DeNon Record- Chronicle. The minutes of the public hearing are attached. FISCAL INFORMATION The bonds will be payable solely from revenues of the Society, and the City will have no obligation whatsoever for payment of the bonds nor shall any of its assets be pledged for payment of the bonds. EXHIBIT Notice of Public Hearing Minutes of Public Hearing Exhibit A Exhibit B Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations NOTICE OF PUBLIC HEARING CONCERNING BONDS TO FINANCE A PROJECT FOR THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY Notice is hereby given that the City of DeNon, Texas (the "City") will conduct a public hearing concerning the approval of the issuance of the Colorado Health Facilities Authority's Health Facilities Revenue Bonds (The Evangelical Lutheran Good Samaritan Society Project), Series 2002, in a principal amoum not to exceed $680,000 (the "Bonds"), for the purpose of financing the acquisition, construction, improvement and equipping of 16 units of assisted living at the Lake Forest Good Samaritan Village, located at 3901 Montecito Dr., Denton, Texas 76210 (the "Project"), owned and operated by The Evangelical Lutheran Good Samaritan Society (the "Society"). The Bonds, when issued, will be limited obligations of the Colorado Health Facilities Authority and will not constitute a general obligation or indebtedness of the State of Texas or any political subdivision thereof, including the City, nor will they be payable in any amoum by taxation, but the Bonds will be payable solely and only from amoums received from the Society under Loan Agreement, which amounts will be sufficient to pay the principal of, interest and redemption premium, if any, on the Bonds as and when they shall become due. All imerested parties are invited to present comments at a public hearing regarding the issuance of the Bonds and the Project being financed thereby. The public hearing will be held September 27, 2002, at 9:00 a.m., at the City Hall, 215 East McKinney, Denton, Texas 76201. Written comments to be presented at the public hearing may be mailed to the City c/o Diana G. Ortiz, Hearing Officer for the City of Denton, 215 East McKinney Street, Denton, Texas 76201. MINUTES OF PUBLIC HEARING City of Demon, Texas Colorado Health Facilities Authority's Health Facilities Revenue Bonds (The Evangelical Lutheran Good Samaritan Society Project) Series 2002 I, Diana G. Ortiz, acting as a Hearing Officer for the City of Demon, Texas (the "City"), the City in which the projects to be financed with proceeds of the above referenced Bonds (the "Bonds") are located, called the Public Hearing of the City on September 27, 2002, to order. I declared that a Public Hearing, required under Section 147(f) of the Imernal Revenue Code of 1986, was open for purposes of discussing the Bonds and the project to be financed, refinanced or constructed with the proceeds of the Bonds (the "Project") by The Evangelical Lutheran Good Samaritan Society. I declared that the required notice of the Public Hearing for the Project was published in the Denton Record-Chronicle, being a newspaper of general circulation in Denton, Texas, as evidenced by an Affidavit of Publication attached hereto as Exhibit A. I proceeded to hold the Public Hearing. Comments and discussions with respect to the Bonds and the Project are summarized in Exhibit B, attached hereto. After sufficient time was given for all present to make their comments with respect to the Bonds and the Project, I declared the Public Hearing closed. Dated: September 27, 2002. Diana G. Ortiz, Hearing Officer H 0 0 ~ V %IRIHXZ HERE PASTE THE NOTICE BY PUBLICATION CUT FROM PAPER File No. IN THE MATTER OF THE AFFIDAVIT OF PUBLISHER TO PUBLICATION OF LEGAL NOTICE Filed the day ,02 By . Deputy EXHIBIT B A few members of the public attended the Public Hearing. Most of the discussion centered on the Bonds--their possible terms and availability. No comments were made which were adverse to the Project or the Bonds. S:\Our Documents\Resolutions\02\Good Samaritan Resolution.doc RESOLUTION NO. RESOLUTION APPROVING THE ISSUANCE OF BONDS BY THE COLORADO HEALTH FACILITIES AUTHORITY ON BEHALF OF THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of DeNon, Texas (the "City") is a duly organized and validly existing municipal corporation under the laws and Constitution off the State of Texas; and WHEREAS, The Evangelical Lutheran Good Samaritan Society (the "Society"), a North Dakota nonprofit corporation, owns and operates two long-term healthcare facilities, including related senior housing facilities, within the boundaries of the City; and WHEREAS, the Society has recently made material capital expenditures at its Lake Forest facility within the City, which it desires to fund from the issuance of Bonds; and WHEREAS, the Society has proposed that the moneys to fund the Project come from the proceeds of Bonds to be issued by the Colorado Health Facilities Authority (the "Bonds") in a multi-state offering authorized by Colorado state law; and WHEREAS, such multi-state offering is economically efficient and cost-saving for the Society, thereby reducing operating costs for the Society and therefore tending to reduce the necessity for increases of charges at its DeNon facilities, thereby benefiting the residems of the City; and WHEREAS, the Bonds will be payable solely from revenues of the Society, and the City will have no obligation whatsoever for paymem of the Bonds; and WHEREAS, as a prerequisite for the issuance of the Bonds by the Colorado Health Facilities Authority, a public hearing was held within the City at 215 E. McKinney Street, Denton, Texas 76201 on September 27, 2002 after publication in the Denton Record-Chronicle of a Notice of Public Hearing, and a report on the hearing has been presemed to the City Council. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The City of DeNon hereby approves the issuance of the aforesaid Bonds by the Colorado Health Facilities Authority in the maximum aggregate principal amount of $680,000 for The Evangelical Lutheran Good Samaritan Society, and further approves the Project as described in the Notice relating to the public hearing for the Bonds, and such approval shall be solely for the purposes of Section 147(f) of the internal Revenue Code of 1986 and the City shall have no liabilities for the paymem of the Bonds nor shall any of its assets be pledged to payment of the Bonds. SECTION 2: Further, it is recognized by the City that the instruments which authorize that issuance of bonds, notes or obligations by the Colorado Health Facilities Authority will specifically state that the City is not obligated to pay the principal of or interest on the bonds, notes or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City that it will pay or provide for the payment of any obligations of said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a City may incur no indebtedness without having made provisions for its payment, and the City Council of the City hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION 3. This Resolution 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: Item #4D AGENDA INFORMATION SHEET AGENDA DATE: October 8, 2002 DEPARTMENT: Library System ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreemem for a grant with the Texas State Library and Archives Commission to provide library services to preschool children in daycare cemers; ratifying the actions of the City Manager, Director of the Library, and other City officials in regard to the gram application; and providing an effective date. BACKGROUND In September 2000 the Demon Public Library began offering library services to children in "licensed" day care centers. The Books-to-Share project was funded by a grant from the Institute of Museum and Library Services through the Texas State Library and Archives Commission. In September 2001, the Library received a second year of funding to cominue the project. The evaluation of the 2001-2002 project year shows that the Books-to-Share project has been very successful in meeting its stated goals. Day care directors, teachers and parents were surveyed to measure the effectiveness of the project. Overall, more than 90 percem of the respondems believed that the Books-to-Share program or its components were very helpful or somewhat helpful in creating an interest among children in reading. Currently, there are 28 day care centers participating in the Books-to-Share project. The components of the project encourage teachers to use library materials to enhance the emerging literacy and early teaming efforts of very young children. The Books-to-Share project provides storytime kits for teachers to use in the classroom, training in early literacy for teachers, promotion of the importance of reading to infants and toddlers, and storytime programs presented at each center by Library staff. In 2002-2003, the Books-to-Share project will be expanded to services to in-home caregivers in the form of storytime kits, storytime by mail packets and training in early literacy. The initial outcomes of the Books-to-Share project show that chitdcare providers are teaming about early literacy and how to incorporate activities that stimulate early learning form children. Additionally, chitdcare providers have materials available to provide enriched preschool environments. Agenda Item October 8, 2002 Page 2 The imermediate outcomes for children and families show that the Books-to-Share project is reaching teachers, parems and children that would not use library services. They are becoming aware of library services through the storytime programs and through the storytime kits. PRIOR ACTION/REVIEW (Council, Boards, Commission) The Denton Library Board approved acceptance of this Special Projects Grant by the Texas State Library and Archives Commission at its October 3, 2002 board meeting. FISCAL INFORMATION The Special Projects Gram for a total of $36,114 will provide staff resources to implemem library services to day care centers. Detailed explanations of these items are provided in the grant application attached. Respectfully submitted: Eva Poole Director of Libraries ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A GRANT WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO PROVIDE LIBRARY SERVICES TO PRESCHOOL CHILDREN IN DAYCARE CENTERS; RATIFYING THE ACTIONS OF THE CITY MANAGER, DIRECTOR OF THE LIBRARY, AND OTHER CITY OFFICIALS IN REGARD TO THE GRANT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute an agreement for a grant with the Texas State Library and Archives Commission to provide library services to preschool children in daycare centers in substantially the same form as Exhibit A, which is incorporated by reference as if fully set forth herein. The City Manager, Library Director, and any other City official are authorized to execute any further documents and certifications necessary for obtaining the grant. SECTION 2. That all prior actions of the City Manager, Library Director, and other City officials in executing various documents and certifications with regard to said grant application are hereby approved and ratified. SECTION 3. That the City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas open meetings law, TEX. GOV'T CODE ch. 551, as amended, and that a quorum of the City Council was present. 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:\SHARED\DEPT\LGL\Our Documents\Ordinances\02\TSLAC library daycare grant.doc Page 2 TEXAS STATE LIBRARY & ARCHIVES COMMISSION SPECIAL PROJECTS GRANT Grant # 478-03027 II. IIi. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Denton, Denton Public Library 502 Oakland Street Denton, Texas 76201 TERM OF GRANT September 1, 2002 to August 31, 2003 GRANTOR CERTIFICATION The Grantor certifies that (1) the services specified below are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, Supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in compliance with Texas Government Code §: 441.121 et. seq., the Library System Act; Texas Government Code § 441.006, Gcnoml Powers and Duties; P.L. 104-208, the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS A. The total amount of the grant shall not exceed: $ 36,114 B. Source of funds: CFDA # 45.310 Institute of Museum and Library Services, State Library Program Federal Fiscal Year 2002 Carryover TSLAC's accounting coding: Index Code 34782, Object Code 7611 Page 1 of 8 Fiscal Year 2003 City of Denton Special Projects Grant C. Budget: Personnel $25,694 Fringe Benefits 10,420 Travel 0 Equipment/Property 0 Supplies 0 Contractual 0 Other 0 Total Direct Costs $36,114 Indirect Costs 0 Total $36,114 V. · WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES The Grantor must give written prior approval for any of the following fiscal changes: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant. 2. Transferring any funds into a budget cost category that equals zero ($0). Written prior approval is to be requested on the Prior Approval Request form and shall be requested when nearing the 10% limit or the end of the grant term. This provision does not allow the grant to be exceeded. All prior approvals must be received by Grantor on or before August 1, 2003. Approvals received after this date will be considered on a case-by-ease basis. The Grantor must give written prior approval for any of the following programmatic changes to the application (Special Projects Grants for State Fiscal Year 2003). I. Changing key persons specified in the grant; however, none of the personnel are considered key personnel for the purpose of this section. 2. Obtaining the services of a third party to perform activities that are central to the purposes of the grant. 3. Changing the scope or objectives (regardless of whether there is an associated budget revision). A change in scope is a substantive difference in the approach or method used to reach program objectives. Written prior approval is to be requested on the Prior Approval Request form. All prior approvals must be received by Grantor on or before August 1, 2003. The Grantor hereby gives approval for the items specified under the cost categories outlined below. Before the Grantee obligates or expends grant funds for additional items in the following cost categories, the Grantor must give written prior approval. Written prior approval is to be requested on the Prior Approval Request form. Written prior approval is also required if an item's cost or features are substantially different from what the grant specifies, or from a previous Prior Approval Request. All prior approvals must be received by Grantor on or before August I, 2003. Page 2 of 8 Fiscal Year 2003 City of Denton Special Projects Grant COST CATEGORIES 1. Preaward Costs None Insurance (if not required by the _re'ant) None 3, Rearrangements and Alterations of Faeilitie~ None 4. Equipment/Property None Subject to the obligations and conditions set forth in Uniform Grant Management Standards (UGMS) Section rtl, Subpart C.32 (a), title to equipment acquired under a grant will vest upon acquisition in the grantee. Each piece of equipment/property is an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost that exceeds the capitalization amount established by Grantee's governing entity. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the Prior Approval Request Form. Equipment/property includes furniture, library materials, etc., purchased wholly or in part with grant funds. The prior approval amount is the capital expenditure, which means the cost of the equipment/property including the cost to put it in place. Capital expenditure for equipment/property means the net invoice price of the equipment/property, including the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in transit insurance, fi.eight, and installation may be included in, or excluded fi'om, capital expenditure cost in accordance with the Grantee's regular accounting practices. VI. STATEMENT OF SERVICES TO BE PERFORMED VII. A. B The Grantee will comply during the period of this contract and provide services, outlined within the grant application (Special Projects Grants for SFY 2003) as approved by the Grantor. TERMS AND CONDITIONS The Grantee will comply with the Special Projects Grants Program Guidelines for SFY 2003. The Grantee will comply with the Rules for Administering the Library Systems Act. Note that Rule 1.97 (a) will not be applicable during the term of this grant. The Grantee will comply with the following two parts of the Governor's Office of Budget and Planning Uniform Grant Management Standards (UGMS), revised January 2001, located at http : //www. governor, state, tx. us/stategrants/UGMSO I 2 OO l.doc. Page 3 of 8 Fiscal Year 2003 City of Denton Special Projects Grant 1. Cost Principles for State and Local Governments and Other Affected Entities (adapted from OMB Circular A-87) 2. State Uniform Administrative Requirement for Grants and Cooperative Agreements (adapted from OMB Circular A-102) For grants funded with state funds, the Grantee will comply with the third part of UGMS, the State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations (revised 6/97), located at http://www. whitehouse.gov/OMB/circulars. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Cimular A- 102). The Grantee will send the Grantor a copy of any management letters issued by the auditor with the reporting package (or written notification, as applicable). The audit's Schedule of Expenditures of Federal and State Awards will list the amount of awards expended for each award year separately. Fo The Grantee may not obligate grant funds after August 31, 2003. By October 31, 2003, all obligations must be liquidated. Final request for advance must be received by Grantor on or before August 1, 2003. Ali unexpended funds must be returned to the Grantor along with final report due November 15, 2003. Final request for reimbursement must be received no later than October 15, 2003. Go The Grantee wi'Il add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in box 12 of the quarterly Financial Status Report. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services and the Texas State Library and Archives Commission whenever possible and practical. Publicity includes but is not limited to press releases, media events, public events, displays in the library, announcements on the library's website, and materials distributed through the grant project. The Grantee certifies by this contract that it will comply with the Assurances - Non- Construction Programs (OMB Standard Form 124B), the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B.14. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value fi.om contractors, potential contractors or parties to subagreements. Page 4 of 8 Fiscal Year 2003 City of Denton Special Projects Grant K. The Grantee agrees to provide the Grantor with one (1) set of anY public relatiOns materials produced under this grant. The Grantee agrees to maintain records on all equipment/property with an acquisition cost that exceeds capitalization levels of governing entity. The Grantee will reconcile the equipment/property records with a physical inventory of the equipment/property every two years. The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and portable telephones) to be maintained on inventory if their cost is above $500, or if they could be easily lost or stolen. Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, See. 32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. When property is vested in the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Subpart C, S~c. 32, (e). When the Grantee has been given federal or state equipment/property, the IJGMS Subpart C, Sec. 32, (f) will be followed. The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2003 for all equipment/property purchased during that grant year. This list must balance with the equipment/property purchased with prior approval amounts. The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. The Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. 1. The Grantee agrees to submit the Uniform Statistical Reporting Form for Special Projects Grants and Explanation of Variance according to the following schedule: September t, 2002 - November 30, 2002 December 1, 2002 - February 28, 2003 March 1, 2003 - May 31, 2003 June 1, 2003- August 31, 2003 December 6, 2002 March 6, 2003 June 6, 2003 September 5, 2003 If library materials ordered with grant funds are received after the end of the grant year, a final Uniform Statistical Report may also be required covering receipt of those materials. This final Uniform Statistical Report will be dne on or before November 15, 2005. 2. The Grantee will submit Evaluation Report to the Grantor according to the following schedule: September 1, 2002 - February 28, 2003 March 1, 2003 - August 31, 2003 Page 5 of 8 Fiscal Year 2003 City of Denton Special Projects Grant March 28, 2003 September 26, 2003 The Grantee agrees to submit the quarterly Financial Status Report for this contract according to the following schedule: September 1, 2002 - November 30, 2002 December 1, 2002- February 28, 2003 March 1, 2003 - May 31, 2003 June 1, 2003 - August 31, 2003 December 27, 2002 March 28, 2003 June 27, 2003 September 26, 2003 A final Financial Stares Report is due on or before November 15, 2003. The Grantee is restricted to one of two methods for requesting funds fi.om the Grantor. The Grantee may request an advance payment for estimated expenditures to be incurred for the upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's normal billing cycle. The Grantee will request payment on the OIvlB Standard Form 270, Request for Advance or Reimbursement, using box 12 rather than box 11 if requesting funds in advance. Requests may be made monthly, quarterly or any other time period, but not more than once a month. To request funds, Form 270 is due to the Grantor by the 15tu of the month. If requesting a reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC receives the funds fi:om the federal government, if requesting an advance, the Grantee must follow procedures that minimize the time elapsing between the receipt and the disbursement of advanced grant funds. Requests for Advance funds will be disbursed by the first working day of the advance period on the request. VIII. ENFORCEMENT A. Remedies for noncompliance. Ifa grantee or subgrantee materially fails to comply with any term of an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency may take one or mom of the following actions, or impose other sanctions, as appropriate in the cimumstances: (1) Temporarily withhc~ld cash payments pending correction of the deficiency by the grantee or subgrantec or more severe enforcement action by the awarding agency, (2) Disallow (that is, deny both use of funds and matching credit fei') all or part of the cost of the activity or action not in compliance, (3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program, (4) Withhold further awards for thc program, or Page 6 of 8 Fiscal Year 2003 City of Denton Special Projects Grant Page 6 (5) Take other remedies that may be legally available. Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee or subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which the grantee or subgrantee is entitled under any statute or regulation applicable to the action involved. Effects of suspension and termination. Costs of grantee or subgrantee resulting from obligations incurred by the grantee or subgrantee during a suspension or after termination of an award are not allowable unless the awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other grantee or subgrantee costs during suspension or'after termination which are necessary and not reasonably avoidable are allowable iff (1) The costs result from obligations which were properly incurred by the grantee or subgrantee before the effective date of suspension or termination, are not in anticipation of.it, and, in the case of a termination, are noncancelable, and, (2) The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which tho termination takes effect. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude grantee or subgrantee from being subject to "Debarment and Suspension" under E.O. 12549 (see Section .35) and state law. IX. CONTACTS AT TSLAC Questions or concerns about programmatic issues and Prior Approval Request should be directed to this grant's Project Manager: Kathleen Walls Grants Coordinator Phone: 512-463-5532 Fax: 512-463-8800 E-mail: kwalls~tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Manager of Accounting and Grants Department Phone: 512-463-6626 E-mail: camackOtsl.state.tx.us Page 7 of 8 Fiscal Year 2003 City of Denton Special Projects Grant ÀÁÈ¢`á˜b`­%µd°ŸˆLkðû~³ŒÅƒÂe¯æ©¤òõ¯—‘šÅ'°5 ‡⃠m/&K¢gmïc$´ª 9tU𧌅|{eùy€ûô¥ ?kÄSD,äø€p~wÔcn¥Áx6Úáç~ŽŒß‹_0¬'d:6QÅ5IO(¦}ðo©úéû(:-ã²ça`’GZML;Ÿ%k~‘œvô™„‘›ŒßÛ•ÂÁFíHñ +÷=<NÙ+UmIbsE}0@;U%2ý¢ß‡ŽÅ­÷@à_sïýÿÒe”Š‘kTé=FÝ(m,ä)™›OÈI{2òäX$Ðš‡“N¡-›™°Ïz‘¨„þzÿ. ³}mð»§a¥ÚyZÒÜ ©ü×ËoáÀ>-8´¤ÈBÕe’îN¹½šß‹Å½j°%è=â`8¸$¼ÈB1|d}âMÑ^+åIÐqp°@.³¢bT2a-úÛü”—h3I6lf˜{¤ùU$‹ù9LyÓYciÅt~`Bl*®òD_Ø*} c–ú‹íc‹ÈðHŒ0väºÞßßß߯°ß½‡ò)·¶ïŠÕe¬/ëP¨>Ì¢3ûKwB«ìï0R((v þpôãÒë,¿}]"IÆq|A vTßö‡¦NŽq‚]AŠhµä]g­B„Š¾u/e$(¬bûk>%1æXd/oß,vÔW®‘š›ß†ß‹—šß“žˆŒÅÚ©0€Ä¬óæŠ&]G"<bD&%°8àMÎXykr¨ué*gUâC DCûçâÎ+bXüeíø"<”ݝ&Îõ“b™tgÌi¥AåkpïR!Ìàä`X±>8˜B„q}"Jo°Ù…>í;*.Yùß*!ݏ{Ñy·Ü.}׍³mеL¼ñ¢î’ †B§Q1hAsàœ” y ”¥éG"_5ù·ÏXý‡å'¦´É&žˆß™×ž‘›ßž““ßžœ‹–‘Œßÿ€M!w’zÇwo)¢Œ¦œU¼jL­p0•þg“Æ’g=Ê@ö:°ÝAg"$#™Ót­ƒ àÏJ¢¥+ê¹…Öâæ[+úŸ—Õªå†,v|"—@˜>ŽBqo²{†@t1YÙÍDc½W"ýP[‹€ð†qß»–Œ‹–œ‹ß¼Š‹Ñòõòõ}ÊËä– ¨¿êv‹@fQÖÌ”Y»ž§¶pËN@dæíÔ£j¬–3!šªj4V…jÝözr±×Y»¯þ  B±¨ßûkÿ¢¾Éµ §ŠuëµÅmšŸ-|3LôVz *“¢(³1~b¹‡ w–‰ŒÁY½RVĈ‚°B^üõ¸4F·Èš}÷ÎõuHŠ‡uΙ߻š‘‹‘Óß»š‘‹‘߯Š“–Ø–}ˆZŒòôb²{ÛÖž±§ß¬šÈ›Ä•ß£¥Æûâî¬2Ç~™îKâ.•Ùv6‹ç}š“™‘>òôÖVÚÝ„Ëkº-yŠ2øž‘ߐ™™–œ–ž“ßš’ˆšš›÷9ß#íBÀëÏ7èc>Lzó‘~®7°Ñûø“>» @ý‚á5¿ë4.ߦ”ƒ¾èè:UwàॠY‘S$ Bœmör".t?AÊÀnj“…‹šÛßÇÍ’D/!¹Ýë–‹“šòõòõ»ž‹šòõòõ»ž‹š=Âá"×AO8Š+ñ6§@í2Bynëk ©bl. qæQ˜l%¶GÊëÍâÈ\ƒÞQ·ÿ¢1õœòPMcp¿ü…‚…‚ÉØØÚÇr .(M’€R¢g7:${Ò춲Þì¯!¼©±jç)ì½ —Ѩwd¢ÒÇWK]ÙœMIeð=Hì+ Item #4E AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 8, 2002 Fire Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas approving and authorizing the Mayor to execute an interlocal ambulance agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. BACKGROUND The imerlocal agreemem for ambulance service between the City of Denton and Denton County began in 1980 and provides for the continuation of emergency medical service to Denton County within the designated area (see map). Each year a new agreemem and ordinance is presemed to the DeNon City Council for the next fiscal year approving the fee the County will pay to the City of Denton for service. The amount is based on a funding formula that consists of a per capita amoum, number of annual County ambulance runs, and size of the covered rural area. The population and mileage figures used are based on numbers obtained from the North Cemral Texas Council of Govemmems. PRIOIR ACTION/REVIEW This comract was approved last year by Council on December 18,2001. FISCAL INFORMATION Last year's comract provided for a reimbursement fee of $301,881.67. The new contract provides for a reimbursemem to the City of DeNon of $293,113.41. Funding has been reduced for the FY2002-2003 contract period due to a revision in the covered area. The portion of the County comained in the City of Argyle has been removed from the City of DeMon's designated service area, as that city will now be receiving ambulance service from the Argyle Fire District. EXHIBITS Ordinance Agreement District Map Respectfully submitted: Ross Chadwick, Fire Chief S:\Our Documcnts\Ordinancos\02~ambulanco agreement coun/y.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Demon hereby approves an Agreemem between the City of Demon and Demon County for ambulance services, a copy of which is attached hereto and incorporated by reference herein. The Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute this Agreemem on behalf of the City. SECTION 2. 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: STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and emered imo this __ day of ,2002, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "County" and the CITY OF DENTON, TEXAS, a municipality located in Demon County, Texas, hereinafter referred to as "City". WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county governmem and related services for the benefit of the citizens of Demon County; and WHEREAS, City is a municipality engaged in the provision of ambulance service and related services for the benefit of the citizens of the City of Demon; and WHEREAS, this Contract involves govemmemal functions that each party individually can perform; and WHEREAS, the amoum paid by County for this service is to be made from currem revenues available to it and that amount fairly compensates City for the services and functions performed by it; and WHEREAS, City is an owner and operator of certain ambulance vehicles and other equipmem designed for the transportation of persons who are sick, infirm, or injured and has in its employ such trained personnel whose duties are related to the use of such vehicles and equipmem; and WHEREAS, County desires to obtain emergency medical services rendered by City, as more fully hereinafter described for the benefit of the residems of Demon County, Texas; and WHEREAS, the provision of emergency medical services is a governmemal function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, County and City mutually desire to be subject to the provisions of V.T.C.A.1 Government Code, Chapter 791, the Interlocal Cooperation Act, V.T.C.A. Health and Safety Code, Section 774.003 and other applicable statutes and contracts pursuant thereto; NOW, THEREFORE, County and City for the mutual consideration hereinafter stated agree as follows: ~ Vernon's Texas Code Annotated S:\Our Documenks\Con/racks\02~ambulanco con/ract-coumy.doc The effective date of this Agreement shall be the 1st day of October, 2002. The term of this Agreemem shall be for the period of October 1, 2002 to and through September 30, 2003. Each party may terminate this Agreemem by giving the other party written notice of intent to terminate 60 days after receipt of such notice. As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the elemem of time in transporting the sick, wounded, or injured for medical treatmem is essemial to the health or life of a person or persons. Whether the aforememioned circumstances in fact exist is solely up to the discretion of the City. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter administered; and 2. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to the closest medical facility. B. "Rural area" means any area within the boundaries of Demon County, Texas and without the corporate limits of all incorporated cities, towns, and villages within said County. C. "Urban area" means any area within said County and within the corporate limits of an incorporated city, town, or village. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of the City in a situation involving an emergency (as such word is hereinabove defined) through the instrumemality of an ambulance vehicle. Within the meaning hereof, a single call might involve the transportation of more than one person at a time. A. Services to be rendered hereunder by City are ambulance services normally rendered by City under circumstances of emergency as hereinabove defined to citizens of County. B. The City Fire Departmem shall respond to all requests for ambulance services made Page 2 of 6 S:\Our Documenks\Con/racks\02~ambulanco con/ract-coumy.doc within its designated area of the County, as set out in Exhibit "A", attached hereto and incorporated by reference herein. C. It is recognized that the officers and employees of City have duties and responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the sole discretion of the officers and employees of the City to determine priorities in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination. The County shall designate the County Judge to act on behalf of the County and to serve as "Liaison Officer" between County and City. The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated, devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this Agreement, and provide supervision of County's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms, and conditions of this Agreement for the mutual benefit of County and City. City shall ensure the performance of all duties and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of City in full compliance with the terms and conditions of this Agreement, and shall provide immediate and direct supervision of City's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms, and conditions of this Agreement for the mutual benefit of County and City. 7. For the services hereinabove stated, County agrees to pay the City a fee of $293,113.41 based on a funding formula as follows: First, the readiness sum is .5389 per capita based on population, for a maximum of $57,688.00. Second, a sum of $351.12 per ambulance run, for a maximum of $113,412.92. This sum is based upon the number of runs made by City in fiscal year 2002 Third, a fixed sum based on size of covered rural area, for a maximum of $122,012.44. The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an ambulance call for purposes of this Agreement. An ambulance call is defined as treatment and transport of a patient to a medical facility. Payment shall not be allowed for instances in which a patient is not transported. Consistent with the reporting procedures described below, City shall receive payment, regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the County, accompanied by copies of patient admission/registration forms as provided by a hospital or medical facility. It shall be the responsibility of the City to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted timely; that is, within five (5) days of the performance of service by the City. Requests not timely submitted shall not be considered for Page 3 of 6 S:\Our Documenks\Con/racks\02~ambulanco con/ract-coumy.doc payment. Requests for payment may be submitted by personal delivery, U.S. mail, facsimile, or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. By the signature of its duly authorized official hereto, the County assures the City that the County Auditor has certified that sufficient funds are available within the current County budget to make all payments and meet all the financial obligations of this Contract and these funds are available to pay the obligation when due in accordance with Section 111.093(c) of the Local Government Code V.T.C.A. County agrees to and accepts full responsibility for the acts, negligence, and or omissions of all County's officers, employees, and agents. City agrees to and accepts full responsibility for the acts, negligence, and or omissions of all City's officers, employees, and agents. 10. In the event of any default in any of the covenants herein contained, this Agreement may be forfeited and terminated at either party's discretion of such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this Agreement terminated. Unless the default is cured as aforesaid, this Agreement shall terminate as if that were the day originally fixed herein for the expiration of the Agreement. 11. This Agreement may be terminated at any time by either party giving 60 days advance notice to the other party. In the event of such termination by either party, City shall be compensated pro rata for all services performed to terminate date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should City be overcompensated on a pro rata basis for all serviced performed to termination date and/or be overcompensated reimbursable expenses as authorized by this Agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. 12. The fact that County and City accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither City nor County waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be Page 4 of 6 S:\Our Documenks\Con/racks\02~ambulanco con/ract-coumy.doc available to it against claims arising from the exercise of governmemal powers and functions. 13. This Agreement represents the entire and integrated agreement between City and County and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. 14. This Agreemem and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. 15. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 16. The undersigned officer and/or agems of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions or ordinances extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals, this the day of ,2002. COUNTY DENTON COUNTY, TEXAS 110 WEST HICKORY DENTON, TEXAS 76201 CITY CITY OF DENTON, TEXAS 215 EAST MCKINNEY DENTON, TEXAS 76201 BY: Mary Horn Demon County Judge Acting on behalf of and by The authority of DENTON COUNTY Commissioners Court of Denton County, Texas BY: Euline Brock Mayor Acting on behalf of and by the authority of the CITY OF DENTON, TEXAS Page 5 of 6 S:\Our Documonks\Contracks\02~ambulanco contract-coumy.doc ATTEST: ATTEST: BY: Cynthia Mitchell Demon County Clerk BY: Jennifer Walters City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: BY: Assistant District Attorney BY: Herbert L. Prouty City Attorney APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: BY: Demon County Fire Marshal BY: Fire Chief Page 6 of 6 Item #4F AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 8, 2002 Fire Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider adoption of an ordinance of the City of Demon, Texas approving and authorizing the Mayor to execute an interlocal fire protection agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. BACKGROUND The imerlocal agreemem for fire service between the City of Demon and Demon County will provide fire protection service to the areas previously served by the Mayhill-Cooper Creek Volunteer Fire Department. Due to Mayhill-Cooper Creek's continuing lack of sufficient resources to provide a proper response to fire calls, Denton County requested that the City of Demon consider providing fire protection to the designated area (see map). This comract will be for a period of one year. PRIOR ACTION/REVIEW .(Council, Boards, Commissions) This is a new contract initiated by Denton County. FISCAL INFORMATION Demon County will pay the City of Demon $10,000 initially and reimburse the City for each fire call at the rate of $302.40. This rate is established by the Denton County Commissioners Court and is the rate paid to all contracted fire departments in the County. EXHIBITS Ordinance Agreement District Map Respectfully submitted: Ross Chadwick Fire Chief S:\Our Documcnts\Ordinancos\02\firo protoction agroomcnt county.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR FIRE PROTECTION SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Demon hereby approves an Agreemem between the City of Denton and Denton County for fire protection services, a copy of which is attached hereto and incorporated by reference herein. The Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute this Agreemem on behalf of the City. SECTION 2. 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: STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and emered imo this __ day of ,2002, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "County" and the CITY OF DENTON, TEXAS, a municipality located in Demon County, Texas, hereinafter referred to as "City". WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county governmem and related services for the benefit of the citizens of Demon County; and WHEREAS, City is a municipality engaged in the provision of fire protection services and related services for the benefit of the citizens of the City of Demon; and WHEREAS, this Contract involves govemmemal functions that each party individually can perform; and WHEREAS, the amoum paid by County for this service is to be made from currem revenues available to it and that amount fairly compensates City for the services and functions performed by it; and WHEREAS, City is an owner and operator of certain fire protection vehicles and other equipmem designed for the transportation of persons who are sick, infirm, or injured and has in its employ such trained personnel whose duties are related to the use of such vehicles and equipmem; and WHEREAS, County desires to obtain fire protection services rendered by City, as more fully hereinafter described for the benefit of the residems of Demon County, Texas; and WHEREAS, the provision of fire protection services is a governmemal function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, County and City mutually desire to be subject to the provisions of V.T.C.A.1 Government Code, Chapter 791, the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 352, Sections 352.001 and 352.004 and other applicable statutes and contracts pursuant thereto; NOW, THEREFORE, County and City for the mutual consideration hereinafter stated agree as follows: ~ Vernon's Texas Code Annotated S:\Our Documcnts\Con/racks\02\firo sorvico protoction con/rac/-coumy.doc The effective date of this Agreemem shall be the 1st day of October, 2002. The term of this Agreemem shall be for the period of October 1, 2002 to and through September 30, 2003. Each party may terminate this Agreemem by giving the other party written notice of intent to terminate 60 days after receipt of such notice. Services to be rendered hereunder by City are fire protection services normally rendered by City's Fire Departmem as hereinabove defined to citizens of County, to wit: A. Availability and provision of emergency fire prevemion, extinguishmem, safety and rescue services within the agreed or specified territory or jurisdiction of the City Fire Departmem; said services to be rendered as described herein by said City Departmem in all unincorporated areas within the above referenced operating territory or jurisdiction of such City Departmem, the referenced services as set out herein are rendered by said City Departmem in consideration of the basic funding referenced elsewhere herein and the per-call fee set out elsewhere herein, for the common good and benefit and to serve the public convenience and necessity of the citizens of Denton County who are not otherwise protected with respect to fire prevention, extinguishment, safety, and rescue services. B. The City Fire Departmem shall respond to requests for fire protection services made with County as set out in Exhibit "A" attached hereto and incorporated by reference. C. The County agrees that in the evem a fire in the City's unincorporated designated area which the City considers to be of incendiary nature and upon request by the City, the County Fire Marshall will dispatch investigation personnel to the fire scene within a response time sufficiem to legally maimain and protect all evidence of said fire and will conduct all appropriate investigation and prosecution of arsonists. D. It is further agreed that the City shall not be responsible for investigations of suspected incendiary fires in rural areas, but shall cooperate with the County Fire Marshall in immediately relating all pertinem information possible to the investigator(s). E. It is further agreed that the County Fire Marshall may assist in the conduct of the appropriate investigations of fire which the City considers to be of incendiary nature in the City's incorporated designated area upon request by the City. F. It is further agreed that the City shall submit monthly statemems on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshall, 110 West Hickory, Demon, Texas 76201. This form will serve as the billing statemem to the County for reimbursemem of calls made in the unincorporated designated area. Page 2 of 6 S:\Our Documcnts\Con/racks\02\firo sorvico protoction con/rac/-coumy.doc G. It is further agreed that Demon County Fire Marshall shall provide the forms upon request from the City. H. It is recognized that the officers and employees of the City's Fire Departmem have duties and responsibilities which include the rendition of fire protection services, and it shall be the responsibility and within the sole discretion of the officers and employees of said Fire Departmem to determine priorities in the dispatching and use of such equipmem and personnel, and the judgmem of any such officer or employee as to any such matter shall be the final determination, unless otherwise determined by the Demon County Fire Marshall. The County shall designate the County Judge to act on behalf of the County and to serve as "Liaison Officer" between County and City. The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated, devote sufficiem time and attemion to the execution of said duties on behalf of County in full compliance with the terms and conditions of this Agreemem, and provide supervision of County's employees, agems, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms, and conditions of this Agreemem for the mutual benefit of County and City. City shall ensure the performance of all duties and obligations of City as hereinafter stated, devote sufficiem time and attemion to the execution of said duties on behalf of City in full compliance with the terms and conditions of this Agreemem, and shall provide immediate and direct supervision of City's employees, agems, comractors, sub-comractors, and/or laborers, if any, in the furtherance of the purposes, terms, and conditions of this Agreemem for the mutual benefit of County and City. 7. For the services hereinabove stated, County agrees to pay the City for the full performance of this agreemem the sum of TEN THOUSAND DOLLARS AND NO/100THS ($10,000.00) upon execution of this agreement. From October 1, 2002 to September 30, 2003 the sum of THREE HUNDRED TWO AND 40/100THS DOLLARS ($302.40) per fire call in the designated unincorporated areas of Demon County, Texas shall be paid. No paymem will be made for service provided outside the service district whether by mutual aid agreemem or otherwise. City understands and agrees that paymem by County to the City shall be made in accordance with the normal and customary processes and business procedures of County, and in conformance with applicable state law. County has provided City with a STX 800 Mhz radio for the use of City in carrying out the terms of this contract. The radio will remain the property of the County and will be returned on termination of this agreement. County reserves the right to reclaim the property at any time for any reason. It is agreed by Coumy and City that the radio was provided for in previous comracts between County and City. No agreemem has been made for any additional radios. By the signature of its duly authorized official hereto, the County assures the City that the County Auditor has certified that sufficiem funds are available within the currem County budget to Page 3 of 6 S:\Our Documcnts\Con/racks\02\firo sorvico protoction con/rac/-coumy.doc make all payments and meet all the financial obligations of this Contract and these funds are available to pay the obligation when due in accordance with Section 111.093(c) of the Local Government Code V.T.C.A. County agrees to and accepts full responsibility for the acts, negligence, and or omissions of all County's officers, employees, and agents. City agrees to and accepts full responsibility for the acts, negligence, and or omissions of all City's officers, employees, and agents. 10. In the event of any default in any of the covenants herein contained, this Agreement may be forfeited and terminated at either party's discretion of such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this Agreement terminated. Unless the default is cured as aforesaid, this Agreement shall terminate as if that were the day originally fixed herein for the expiration of the Agreement. 11. This Agreement may be terminated at any time by either party giving 60 days advance notice to the other party. In the event of such termination by either party, City shall be compensated pro rata for all services performed to terminate date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should City be overcompensated on a pro rata basis for all serviced performed to termination date and/or be overcompensated reimbursable expenses as authorized by this Agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. 12. The fact that County and City accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither City nor County waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 13. This Agreement represents the entire and integrated agreement between City and County and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Page 4 of 6 S:\Our Documcnts\Con/racks\02\firo sorvico protoction con/rac/-coumy.doc 14. This Agreemem and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. 15. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 16. The undersigned officer and/or agems of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions or ordinances extending said authority have been duly passed and are now in full force and effect. 17. Acceptance of this contract constitute approval of the service areas set out in Exhibit "A" attached hereto. EXECUTED in duplicate originals, this the day of ,2002. COUNTY DENTON COUNTY, TEXAS 110 WEST HICKORY DENTON, TEXAS 76201 CITY CITY OF DENTON, TEXAS 215 EAST MCKINNEY DENTON, TEXAS 76201 BY: Mary Horn Demon County Judge Acting on behalf of and by The authority of DENTON COUNTY Commissioners Court of Denton County, Texas BY: Euline Brock Mayor Acting on behalf of and by the authority of the CITY OF DENTON, TEXAS Page 5 of 6 S:\Our Documoms\Comrac ks\02\llro sor~ico protoction contract-county.doc ATTEST: ATTEST: BY: Cynthia Mitchell Demon County Clerk BY: Jennifer Walters City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: BY: Assistant District Attorney Herbert L. Prouty City Attorney APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: BY: Demon County Fire Marshal BY: Fire Chief Page 6 of 6 Item #4G AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 8, 2002 Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7100 Kathy DuBose, Fiscal and Municipal Services~k~ SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of hand tools and miscellaneous hardware; and providing an effective date (Bid 2886-Hand Tools and Miscellaneous Hardware awarded to Grainger industrial Supply in the estimated amount of $30,000). BID INFORMATION This bid is for the annual contract to supply various hand tools and miscellaneous hardware items. These items are utilized throughout City operations and are carded in the warehouse for easy access. RECOMMENDATION We recommend that this bid be awarded to the lowest responsive bidder, Grainger industrial Supply, in the estimated amount of $30,000. PRINCIPAL PLACE OF BUSINESS Grainger industrial Supply Dallas, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract, which will begin October 8, 2002 and run through October 8, 2003 with the option to renew for an additional year, contingent upon pricing remaining the same. FISCAL INFORMATION The items in this bid will be funded out of the Warehouse Working Capital account and charged back to the using department. Agenda Information Sheet October 8, 2002 Page 2 Attachment 1: Tabulation Sheet 1-AIS-Bid 2886 Hand Tools and Miscellaneous Hardware Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent C) iiiiiiiiiiiiiiiiiiiii ::::::::::::::::::::::: ~- ~- ~- m ~- ~- o ~- O~ ~- ~- Z Z Z Z ~- L~ L~ L~ L~ L~ :::::::::::::::::::::: :::::::::::::::::::::: :::::::::::::::::::::: :::::::::::::::::::::: ~ :::::::::::::::::::::::::: :::::::::::::::::::::::::: ::::::::::::::::::::::::: ~ ::::::::::::::::::::::::: :::::::::::::::::::::::::: :::::::::::::::::::::: L~ r~ ~ co ~- r~ c,q r~ 0 0 :::::::::::::::::::::::::::: ::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ~ :::::::::::::::::::::::::::: ~ :::::::::::::::::::::::::::: ~ ~ n ~ ~ ~ ~ o 0 0 0 ~ 0 ~ o o o ~ ~ o ~ ~ ~ o ::::::::::::::::::::::::::: :::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ::::::::::::::::::::::::::: :::::::::::::::::::::::::::: z z z z z z z z ~ o ~ o ::::::::::::::::::::::::::: :::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ~ :::::::::::::::::::::::::::: ~ :::::::::::::::::::::::::::: cO cO cO Ln iiiiiiiiiiiiiiiiiiiiiiiiiii Ln 0 0 ~ ~ ~ ::::::::::::::::::::::::::: ~ ~ ~ ~ ~ ~ 0 0 '~ ~ ~ (30 (30 ,.-I f'q ,.-I ,.-I iiiiiiiiiiiiiiiiiiiiiiiiiii :::::::::::::::::::::::::::: iiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiii :::::::::::::::::::::::::::: iiiiiiiiiiiiiiiiiiiiiiiiiii :::::::::::::::::::::::::::: iiiiiiiiiiiiiiiiiiiiiiiiiii :::::::::::::::::::::::::::: iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii :::::::::::::::::::::::::::: iiiiiiiiiiiiiiiiiiiiiiiiiii :::::::::::::::::::::::::::: "~ "~ 0 0 0 ~' ~ ~' z z z z z z ~ :::::::::::::::::::::::::::: ~ ~ :::::::::::::::::::::::::::: ~ :::::::::::::::::::::::::::: . . ~ ~ ~ - ~ ~ ::::::::::::::::::::::::::: :::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ::::::::::::::::::::::::::: :::::::::::::::::::::::::::: z z z z ~ z z z ~ ~ :::::::::::::::::::::::::::: ~ :::::::::::::::::::::::::::: ::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ~ ::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ~ :::::::::::::::::::::::::::: m z ~ z z z en ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF HAND TOOLS AND MISCELLANEOUS HARDWARE AND PROVIDING AN EFFECTIVE DATE (BID 2886-HAND TOOLS AND MISCELLANEOUS HARDWARE AWARDED TO GRAINGER INDUSTRIAL SUPPLY IN THE ESTIMATED AMOUNT OF $30,000). 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 2886 1-151 Grainger Industrial Supply Exhibit A 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 2886 Hand Tools and Miscellaneous Hard~vare Bid # 2886 Date: 8/22/02 Hand Tools & Misc. Hardware Exhibit A Principle Place of Business: Dallas, TX 445-03-000 Axe, Double Edge No Bid 445-38-000 Bar, Rock, 60" $16.81 445-09-300 Blade, Hacksaw $0.71 445-21-050 Cutter, Bolt, 24" $41.45 445-21-150 Cutter, Bolt, 36" $88.09 445-21-420 Cutter, Tubing, 5/8"-2 1/8" $40.20 445-38-120 Crowbar, 36" $4.07 445-38-060 Hammer, Sledge, 4 lb. Wood Handle **Fiberglass 103.46 445-43-000 Hoe, Garden $16.38 450-48-001 LADDER 6' EXT. F/GLASS $204.25 445-03-150 PITCHFORK $21.21 445-06-160 RULE, FOLDING WOOD, 6' $7.49 445-61-000 SCOOP, ASPHALT # 2 $22.40 445-61-100 SHOVEL, LONG HANDLE RND POINT $15.63 Bid # 2886 Date: 8/22/02 Hand Tools & Misc. Hardware Exhibit A Principle Place of Business: Dallas, TX 445-61-250 SHOVEL, LONG HANDL SQ PT FIB No Bid 445-61-350 SHOVEL, SHARP SHOOTER FIB GLS $18.18 445-43-100 RAKE, LEAF $16.24 445-43-180 CUTTER, WEED $10.33 445-40-040 HANDLE, FILE $0.84 445-40-120 HANDLE, HOE No Bid 445-40-180 HANDLE, SHOVEL, LONG $9.91 445-46-100 LEVEL, 30" ALUMINUM $6.98 285-81-113 CUTTER, BOLT 18" FBRGLASS HAND $68.36 445-32-000 FILE, HILL, 8" $2.60 445-32-100 FILE, HILL, 12" $5.60 075-46-000 GREASE GUN $15.03 445-38-040 HAMMER, CLAW, 16 OZ $14.61 Bid # 2886 Date: 8/22/02 Hand Tools & Misc. Hardware Exhibit A Principle Place of Business: Dallas, TX 285-81-020 PLIERS, LONGNOSE $15.27 285-81-060 PLIERS, WIRE STRIPPERS $22.83 285-81-100 PLIERS, DIKES 7" $12.44 445-52-000 PLIERS, 8" $15.27 445-52-100 PLIERS AD3USTABLE 12" $9.90 445-64-000 SCREWDRIVER PHILLIPS # I $1.78 445-64-100 SCREWDRIVER STANDARD STUBBY $1.87 445-64-250 SCREWDRIVER STANDARD 3/16/X10" $4.68 445-64-350 SCREWDRIVER PHILLIPS STUBBY $0.87 445-70-000 TIN SNIPS $9.86 445-91-050 WRENCH ADJUSTABLE 8" - CHROME $9.25 445-91-150 WRENCH ADJUSTABLE 12" CHROME $16.91 445-91-420 WRENCH 10" OFFSET PIPE NO BID Bid # 2886 Date: 8/22/02 Hand Tools & Misc. Hardware Exhibit A Principle Place of Business: Dallas, TX 445-91-460 WRENCH 8" PIPE $10.43 445-91-500 WRENCH 12" PIPE $16.11 445-91-540 WRENCH 24" PIPE $42.50 445-91-620 WRENCH RATCHET 9/16"X 1/2" $8.36 SECTTON C- MTSC. 287-12-020 BATTERY AAA ALKALINE $0.36 287-12-100 BATTERY C ALKALINE $0.61 287-12-201 BATT FLASHER 6V ALKALINE $5.12 145-45-030 BRUSH, PAINT 3" $10.65 450-17-050 CAN GAS 5 GALLON $43.89 445-46-050 CHALK, BLUE 80Z BOTTLE $0.85 CHAIN 5/16" - HIGH TENSIL $1.66 Bid # 2886 Date: 8/22/02 Hand Tools & Misc. Hardware Exhibit A Principle Place of Business: Dallas, TX 450-21-000 CHAIN 1/4" - PROOF COIL $0.42 450-21-100 CHAIN 3/8" - PROOF COIL $0.99 855-48-200 CORD EXTENSION 25" HEAVY DUTY '50'$45.15 450-32-105 FLASHLIGHT, CONES No Bid 445-44-000 HOOK, CHAIN 3/8" $2.98 445-44-100 HOOK, CHAIN 5/16" $3.27 405-66-000 OIL, PENETRATING $2.19 630-48-010 PAINT SPRAY TRANSFORMER GREEN $3.21 630-48-050 PAINT SPRAY FLAT BLACK $3.21 630-48-100 PAINT SPRAY GLOSS RED $1.91 630-48-140 PAINT SPRAY GLOSS WHITE $3.21 Bid # 2886 Date: 8/22/02 Hand Tools & Misc. Hardware Exhibit A Principle Place of Business: 630-48-150 PAINT, RED INSULATING VARNISH Dallas, TX $2.71 630-48-350 PAINT SPRAY MARKING GREEN $2.36 630-48-425 PAINT SPRAY MARKING CERICE RED No Bid 630-48-500 PAINT SPRAY MARKING WHITE $2.36 450-24-100 ROPE, POLY 5/8" ON REELS $0.19 832-24-000 TAPE, DUCT 2" X 60 YARDS $3.20 832-52-020 TAPE, MASKING 2 $3.85 832-76-100 TAPE, MEASURING 50" X 1/2" $10.17 SECTION D - CATALOG DISCOUNTS °/o DISCOUNT TO THE CITY OF DENTON FROM THE FOLLOWING CATALOGS CHANNEL LOCK 10-15 CRAFTSMAN N/A Bid # 2886 Exhibit A Date: 8/22/02 Hand Tools & Misc. Hardware Grainger Principle Place of Business: Dallas, TX 146 KLEIN 10-1S iiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 148 RIGID 10-1S 150 UNION TOOLS N/A SHIPMENT 1-5 DAYS Item #4H AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 8, 2002 Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7133 Kathy DuBose, Fiscal and Municipal Services~k~ SUBJECT Consider adoption of an Ordinance accepting competitive bids by way of an Imerlocal Agreement with Tarrant County and awarding a contract for the purchase of pagers, light bars, and office supplies; providing for the expenditure of funds therefore; and providing an effective date (File 2894-Interlocal Agreemem for Pagers, Light Bars, and Office Supplies with Tarrant County awarded to Emergency Vehicle Equipmem (Light Bars) in the estimated amount of $25,000, Verizon Wireless Messaging (Pagers) in the estimated amount of $80,000, and Corporate Express of Texas (Office Supplies) in the estimated amount of $120,000). BID INFORMATION Bid 2001-103 awarded to Corporate Express of Texas is for the contract to supply a full range of office supplies and related products. Our estimated expenditure is approximately $120,000 per year. Bid 2002-063 awarded to Emergency Vehicle Equipmem is for the contract to supply light bars, flashing lights and other repair parts. Our estimated expenditure is approximately $25,000 per year. Bid 2001-070 awarded to Verizon Wireless Messaging is for a contract to supply pagers, pager batteries and pager service. Our estimated annual expenditure is approximately $80,000. All of the contracts are annual agreements and will remain in effect until cancelled by mutual agreement of the parties involved. Approximately 70 entities are currently participating in this cooperative purchasing program. Contract agreemems and bid documems are available from the office of the Purchasing Agem. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council approved an Interlocal Agreemem with Tarrant County on June 16, 1998 (Ord. 98-175). This agreemem allows the City of DeNon to participate in those contracts for supplies and services that have been competitively bid and awarded by Tarrant County. Such imerlocal cooperative procurement arrangements are advantageous to the citizens of Denton and reflect cost savings based upon volume discounts. Tarrant County Commissioners approved the 2001/02 bids and awarded a contract to Corporate Express of Texas on September 4, 2001 (Bid No. 2001-103), Emergency Vehicle Equipmem on March 26, 2002 (Bid No.2002-063), and Verizon Wireless Messaging on August 12, 2002 (Bid No. 2001-070). Agenda Information Sheet October 8, 2002 Page 2 RECOMMENDATION We recommend that an Interlocal Agreement with Tarrant County for Light Bars, Pagers, and Office Supplies be awarded to Emergency Vehicle Equipment (Light Bars) in the estimated amount of $25,000, Verizon Wireless Messaging (Pagers) in the estimated amount of $80,000, and Corporate Express of Texas (Office Supplies) in the estimated amount of $120,000. PRINCIPAL PLACE OF BUSINESS Corporate Express of Texas Emergency Vehicle Equipment Verizon Wireless Messaging Arlington, TX Arlington, TX Dallas, TX ESTIMATED SCHEDULE OF PROJECT This Interlocal Agreement shall become effective upon Council approval and remain in effect until cancelled by either party. FISCAL INFORMATION These items will be funded out of the Warehouse Working Capital account and charged back to the using department. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-MS-File 2894 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF PAGERS, LIGHT BARS AND OFFICE SUPPLIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2894 - INTERLOCAL AGREEMENT FOR PAGERS, LIGHT BARS AND OFiCE SUPPLIES WITH TARRANT COUNTY AWARDED TO EMERGENCY VEHICLE EQUIPMENT (LIGHT BARS) iN THE ESTIMATED AMOUNT OF $25,000, VERIZON WIRELESS MESSAGING (PAGERS) IN THE AMOUNT OF $80,000, AND CORPORATE EXPRESS OF TEXAS iN THE ESTIMATED AMOUNT OF $120,000). WHEREAS, pursuant to Ordinance 98-175, Tarrant County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Tarrant County Cooperative Purchasing programs at less cost than the City would expend if bidding these items individually; 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 file number for materials, equipment, supplies, or services, shown in the "File Numbers" listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: FILE ESTIMATED NUMBER VENDOR AMOUNT 2894 Corporate Express of Texas $120,000 2894 Emergency Vehicle Equipment $ 25,000 2894 Verizon Wireless Messaging $ 80,000 SECTION 2. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to Tarrant County for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with Tarrant County (Bid 2001-103, Bid 2002-063, and Bid 2001-070), and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Tarrant County, 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 and standards contained in the Proposal submitted to the Tarrant County, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items set forth in File 2894, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval of purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD- FILE 2894 Item #41 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 8, 2002 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services~k~ SUBJECT Consider adoption of an Ordinance of the City of DeNon, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Promotional Commercials from Charter Media of Denton; Denton, Texas, pertaining to Denton Municipal Electric, which are available from only one source in accordance with the pertinem provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; authorizing the expenditure of funds therefore; and providing an effective date (File 2901- Charter Media of DeNon in the amount of $36,608). PURCHASE ORDER INFORMATION This purchase order is for the sole source acquisition of cable television advertising time for DeNon Municipal Electric. This order includes 6,344 advertising spots on nine differem networks over a one year time period. Rates per spot range from $4.00 to $7.00 depending upon time and placement. The ads will concentrate on energy conservation services provided by DeNon Municipal Electric and education on deregulation of the electric industry. A customer survey conducted by the University of North Texas in 1997, concluded customers lacked the awareness of DeNon Municipal Electric (DME), and did not have the desired image or brand loyalty to the electric utility needed to be competitive in a deregulated market. The survey results showed that cable television would be an excellem medium to advertise with because 64.2% of the sample customer base surveyed subscribed to Charter Media. Based on survey results, DME contracted with Charter Media (formerly known as Marcus Media) in February of 1999, to improve DME's image and brand idemity among DeNon area customers. Charter Media produced and aired three (3) commercials on nine (9) differem networks, for a seven and one-half (7-1/2) month period. Results from a customer survey conducted by DME in October 1999, concluded that 93.5% of the survey respondems with cable television had viewed DME commercials. Seventy-seven percem felt positive about their viewing experience, 18% were indifferem, and 5% did not respond. Thus allowing the conclusion that the cable television marketing campaign had been effective in reaching customers and branding DeNon Municipal Electric with a positive image. From February 2001 to February 2002, DME contracted with Charter Media to produce and air four (4) thirty-second informational commercials focusing on educating DeNon residems regarding electric retail deregulation and the DeNon City Council's "wait and see" approach to opting into retail competition. Agenda Information Sheet October 8, 2002 Page 2 PURCHASE ORDER INFORMATION (CONTINUED) From December of 2001 to September 2002, DME contracted with Charter Media to produce and air four (4) thirty second educational commercials. The focus for the campaign was to educate customers on energy conservation and the various customer services that DME provided. From February 13 through February 20, 2002, the University of North Texas conducted a phone based survey. Since the educational commercials had been airing such a short time, the survey's results were based on branding and deregulation commercials that had been airing previously. The survey was used to help determine the effectiveness of the selected networks and air times for DME's informational spots. It was concluded from the survey that more than 60% of residents surveyed subscribed to Charter Cable Communications and 67.7% has seen DME's informational commercials. It was also determined that 76.1% of the respondents voted in the last city election. With these promising statistics, the Marketing staff believes the airtime for the 2003 fiscal year will continue to benefit Denton residents by further educating them on energy conservation and the additional customer services provided by DME. The new educational campaign will continue to focus on helping customers manage their energy consumption more efficiently while helping them lower their electric bills. (See Attachment 2). As a result, DME's ability to more effectively serve customers will be enhanced by improving residential awareness of the services that DME offers while maintaining brand awareness in the Denton area. PRIOR ACTION/REVIEW (Council, Boards, Commission) The Public Utility Board will discuss this item on October 7, 2002. Actions taken by the PUB will be provided to Council prior to voting on this issue. PRINCIPAL PLACE OF BUSINESS: Charter Media Denton, TX ESTIMATED SCHEDULE OF PROJECT: The schedule for advertisements runs from October 1, 2002 through September 29, 2003. FISCAL INFORMATION: Funding for this project is available from 2002-2003 fund account 600900.7912.9130A. Agenda Information Sheet October 8, 2002 Page 3 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Advertising Insertion Order Attachment 2: Commercial Descriptions 1633 Agenda 8. Attachment 2 Commercial Descriptions Commercial 1 · Service Emphasized-Energy Audits/EnergySave Program · Topic- Heating, Cooling Tips, Energy Conservation Information Commercial 2 · Service Emphasized-Budget Billing Commercial 3 · Service Emphasized-Pre-Authorized Bill Payment Program Commercial 4 Service-P-L-U-S One Program (Request for donations) Commercial 5 · Wrap up customer services and rates ORDINANCE NO. 2002 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PROMOTIONAL COMMERCIALS FROM CHARTER MEDIA OF DENTON; DENTON, TEXAS, PERTAINING TO DENTON MUNICIPAL ELECTRIC, WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (File 2901-CHARTER MEDIA OF DENTON IN THE AMOUNT OF $36,608.00). WHEREAS, §252.022(a)(7) of the Texas Local Governmem Code provides that procurements of certain items or services that are only available from one source, as described therein, need not be submitted to the competitive bid process; and WHEREAS, the City Council wishes to purchase promotional commercial spots pertaining to DeNon Municipal Electric ("DME") from the City's sole local cable provider, Charter Media of DeNon, which services are presemly available from only one source, and are permitted in accordance with §252.022 of the Texas Local Governmem Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following purchase of services, as described in the "File Number" listed below, and on file in the office of the City's Purchasing Agem, is hereby authorized and approved: FILE NUMBER VENDOR AMOUNT 2901 CHARTER MEDIA OF DENTON $36,608.00 SECTION 2. That the acceptance and approval of the above item shall not constitute a contract between the City and Charter Media of Denton submitting the price quotation for such commercials until Charter Media of Denton shall comply with all requiremems specified by the City's Purchasing Departmem. SECTION 3. That the City Manager is hereby authorized to execute any contracts or other related documents relating to the item specified in Section 1. hereof, and the expenditure of funds pursuant to said contract or written order, 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\Ordina2ces\02\Charter Media of Denton - Commercials - DME or&doc Item #4J AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 8, 2002 Utility Administration Howard Martin, 349-8232 ~ SUBJECT Consider approval of an ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton, Texas and 1-35 RV Park for the city's participation in the oversizing of water mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND I35 RV park is a development located on the 1-35 South Frontage Road north of Highway 380 (Exhibit i). The development has indicated in its initial plans that an 8-inch water line be extended across the property at a cost of seventeen thousand ninety nine dollars and twenty cents ($17,099.20). As stated in the Denton Development Code Subchapter 21.9: "The City reserves the right to require developers to install water mains, sewer lines and wastewater lift stations that have excess capacity to serve adjacent properties and to comply with the adopted comprehensive master plans for these utility systems. The City shall participate in the cost of such oversized mains." The City has required the developer to put in 12-inch water line to compensate for future development. The estimated cost of the 12-inch water line is twenty one thousand seven hundred and twenty one dollars and twenty cents ($21,721.20)(Exhibit ii). The developer has requested over-size agreement for this water-main extension. The City's share in the cost of oversized facilities is not to exceed four thousand six hundred and twenty two dollars ($$4,622.00). Exhibit iii shows the cost summary along with the City's estimated amount. FISCAL INFORMATION For the oversize agreement (Exhibit iV), City of Denton's share will not exceed four thousand six hundred and twenty two dollars ($4,622.00) or seven dollars and forty one ($7.41) per linear foot for six hundred and twenty four (624) linear feet. PRIOR ACTION/REVIEW The oversize participation agreemem was reviewed and recommended for approval during the September 16, Public Utilities Board Meeting. EXHIBITS H: iii: IV: V: Location of the Project Oversize facilities Cost Summary Ordinance Oversize Participation Agreemem Prepared by: David H. Hunter, R.S. Watershed Protection Manager Respectfully submitted: Tim S. Fisher, P.E. Assistant Director of Water Utilities ~ ',,~';,,,, 135-RV PARK LOCATION , """ ~ : ': ::~Z '=:' ::~'' 0 1,000 2,000 4,000 OVERSIZE WATER LINE LOCATION II .,'"' 135-RV PARK P ROPERTY"~ CITY OF DENTON WATER L I N E~'"-'------~ OVERSIZE WATER LINE -- c~ 0 ~o~o~oo >.- <-~ ~- I; ORDINANCE NO. 2002- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND 1-35 RV PARK FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to participate in the cost of oversizing water mains to be designed, installed, and constructed by 1-35 RV Park in an mount not to exceed Four Thousand Six Hundred Twenty Two Dollars ($4,622), in accordance with the applicable provisions of the Denton Development Code, formerly §34-118(b)(2) of the Code of Ordinances of the City of Denton, Texas, and TEX. LOC. GOV'T. CODE §212.072; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is authorized to execute a Water Main Cost Participation Agreement Between the City of Denton, Texas and 1:35 RV Park for the oversizing of approximately 624 linear feet of eight (8") inch on-site water main to a twelve (12") inch water main; substantially in the form of the attached Agreement, which is incorporated herewith and made a part of this ordinance for all purposes; subject to ~35 RV Park, entering into a Development Contract with the City of Denton, in accordance with the Denton Development Code, formerly Chapter 34 of the Code of Ordinances of the City of Denton, Texas. SECTION 2. That the City Manager is hereby authorized to make the expenditures as set forth in the attached Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: EXHIBIT IV APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Ordinances\02\Water Main Cost Particip Agm~t- 1-35 RV Park-2002 Ord.doc THE STATE OF TEXAS COUNTY OF DENTON WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND 1-35 RV CENTER WHEREAS, 1-35 RV CENTER, hereinafter referred to as "Developer", whose business address is 490t 1-35 NORTH, Denton, Texas 76207, wishes to develop and improve certain real property named the 1-35 RV CENTER (as shown in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such real property with adequate collection capacity by designing, constructing and installing a water line of an inside diameter of twelve inches (12"), hereinafter referred to as the "Required Facilities"; and WHEREAS, the City of Denton, Texas, a Municipal Corporation with its offices located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as the "City," in accordance with its ordinances, wishes to participate in the cost of the constmction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the Developer and the City do hereby AGREE as follows: 1. Developer shall design, install, and construct, approximately 624 linear feet of twelve inch (12") water distribution line, and all necessary appurtenances thereto, hereafter referred to as the "Oversized Facilities" as shown on Exhibit I, attached hereto and incorporated herein by reference. 2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer will enter into a Development Contract prior to beginning of construction of the Oversized Facilities. This Development Contract is attached hereto as Exhibit II and incorporated herewith by reference. This Agreement is subject to and governed by said Development Contract and any other applicable ordinances of the City of Denton, Texas. 3. Prior to beginning of construction of the Oversized Facilities, Developer shall obtain, at Developer's sole cost and expense, all necessat~ permits, licenses and easements. The easements, deeds, and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of constmction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the Oversized Facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the Oversized Facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such rifle. 4. City's share in the cost of the Oversized Facilities is based upon the difference in the cost of installing Required Facilities, as determined by City, and the cost of the Oversized Facilities, as determined by City, shall be in an amount not to exceed Four Thousand Six Hundred and Twenty Two Dollars ($4,622), the maximum participation cost allowed herein. EXHIBIT V The City shall not, in any case, be liable for any additional cost because of delays in begirming, continuing, or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions; differences in the calculated and actual per linear feet of pipe or materials needed for the Oversized Facilities; Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the Oversized Facilities. 5. The City will make monthly payments for its share of the Oversized Facilities. The Developer shall submit monthly pay requests on forms provided by the City. The Developer's engineer shall verify that each pay request is correct. Each pay request, along with the engineer's verification, shall be submitted to the Engineering & Transportation Department of the City. The City will retain ten percent (10%) of the total dollar amount until the project is accepted. Payment by the City to the Developer will be made within thirty (30) days of receipt of the pay estimate and the engineer's verification. 6. To determine the actual cost of the Oversized Facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors, and shall have the fight to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the Oversized Facilities. 7. All notices, payments or communications to bo given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Assistant City Manager for Utilities for City at the address given above. 8. Developer shall indemnify and hold City harmless from any and ali claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement; and Developer shall, at its own cost and expense, defend and protect City against any and alt such claims and demands. 9. If Developer does not begin substantial construction of the Oversized Facilities within twelve (I2) months of the date of execution of this Agreement, this Agreement shall t0. This instrument embodies the entire agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or incorporated herein. This Agreement shall supersede all previous communications, representations or agreements, whether verbal or written, between the parties hereto with respect to the subject matter of this Agreement. 11. This Agreement shall not be assigned by Developer without the express written consent of the City. 12. Any and all suits for any breach of this Agreement, or any other suit pertaining to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. EXECUTED in duplicate original counterparts by the duly-authorized officials and officers of the City and the Developer, on this the day of ,2002. CITY OF DENTON, TEXAS A Texas Municipal Corporation By: Michael Conduff, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ItERBERT L. PROUTY, CITY ATFORNEY "DEVELOPER" I-3 5 RV CENTER ATTEST: By: By: S:\Oar Documents\Contracts\02\Water Oversize Participation-l-35 RV CENTER 2002.doe 1 2 3 4 5 DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES September 16, 2002 9:00 A.M. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, September 16, 2002 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: George Hopkins, Charldean Newell, Dick Smith, Jim Wilson, Don White and Bill Cheek EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, Assistant City Manager EXCUSED: Dick Norton CONSENT AGENDA: 4) Consider approval of an oversize water main cost participation agreement in the amount of $4,622 between the City of Denton, Texas and 1-35 RV Park located on highway 1-35 South frontage road. Board Member George Hopkins moved to approve items #1-4 on the Consent Agenda, with a second from Board Member Dick Smith. The motion was approved unanimously with a vote of 6-0. EXHIBIT VI Item #4K AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: October 8, 2002 Economic Development Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance of he City Council of the City of Denton, Texas, approving the Second Amendment to that Agreement between the City of Denton and the Denton Affordable Housing Corporation; authorizing the City Manager to execute the Second Amendment; and providing an effective date. BACKGROUND City Council approved the 2002 Action Plan for Housing and Community Development on May 14, 2002. The Action Plan included an allocation of $150,000 for the Affordable Housing Opportunity Program (AHOP) administered by the Denton Affordable Housing Corporation. The program entails, acquisitions, rehabilitation and sale of single family housing units to low and moderate-income households. The City has provided funding to this program since 1995. The City's current agreement with DAHC was approved on October 17, 2000. This amendment will include funding for the AHOP to include the additional $150,000 allocated in the 2002 Action Plan. OPTIONS · Adopt the ordinance approving the Second Amendment to DAHC's existing contract. · Deny approval of the Second Amendment and direct staff to make revisions or reallocate funding. · Table item for further discussion. RECOMMENDATION Staff recommends adoption of the ordinance approving the Second Amendment. ESTIMATED PROJECT SCHEDULE All HOME funds are projected to be expended by December 2004. Program proceeds will continue to be invested in units for the duration of the program. See Attachment C, Schedule of Contract Activities (page 9). PRIOR ACTION/REVIEW The Community Development Advisory Committee recommended Housing Opportunity Program as part of the 2002 Action Plan. FISCAL INFORMATION The City will provide $150,000 in HOME funding for AHOP. be used for the City's program-related costs. HOME ATTACHMENTS Ordinance, pages 3 - 4 Second Amendment, pages 5 - 9 Exhibit A, Original Contract, pages 10 - 26 funding the Affordable administration funds will Prepared by: Luisa Rodriguez- Garcia Community Development Coordinator Respectfully submitted: Linda Ratliff Director of Economic Development S:\Our Docmments\Ordinances\02~DAHC Ordiance. doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE SECOND AMENDMENT TO THAT AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUS1NG CORPORATION; AUTHORiZiNG THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT AND TO EXPEND FUNDS WITH RESPECT TO THE SECOND AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 17, 2000, the City Council entered into an Agreemem with the Demon Affordable Housing Corporation to provid~ certain services for the provision of affordable housing under the National Affordable Housing Act of 1990, as amended by the Housing and Community Developmem Act of 1992, which Agreement was authorized by Ordinance No. 2000-385; and WHEREAS, on January 15, 2002, the City Council amended the contract with Demon Affordable Housing Corporation to provide additional funding in accordance with their approval of the 2001 Community Development Action Plan, which Amendment was authorized by Ordinance No. 2002-033; and WHEREAS, the City Council, by approving the 2002 Community Developmem Action Plan, has authorized additional funding for ongoing activities of the Demon Affordable Housing Corporation and the scope of work for the Demon Affordable Housing Coporation has expanded; and WHEREAS, the City Council deems it in the public interest to amend the Agreement with the Demon Affordable Housing Corporation to provide for such additional funding to be provided from funds made available by the U.S. Department of Housing and Urban Development under the National Affordable Housing Act and to provide other changes as set forth in the Second Amendment to the Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council herby approves the Second Amendmem to the Agreemem between the City of Demon and the Denton Affordable Housing Corporation, executed October 17, 2000, substantially in the form of the attached Exhibit "A" which is incorporated herein for all purposes, and further authorized the City Manager to execute said Second Agreement. SECTION 2. That the City Council authorized the expenditure of funds for operating costs and project funding for the Demon Affordable Housing Corporation, included in the Second Amendmem as an attached Exhibit "B", which includes additional funding in an amount of $150,000. S:\Our Docmments\Ordinances\02~DAHC Ordiance. doc SECTION 3. 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: Page 2 S:\Our D ocmm ent s\U ontr act s\02 ~2NDAMEND DAHC.DOC SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION This Second Amendment to that certain Agreemem between the City of DeNon (hereinafter referred to as "DeNon") and the Denton Affordable Housing Corporation (hereinafter referred to as "Contractor"), this Agreement hereinafter referred to as "Base Agreement", which is attached hereto as Exhibit 1. WHEREAS, by Ordinance No. 2000-385, DeNon authorized its City Manager to execute an Agreement with the Contractor to provide acquisition and renovation, and new construction to promote affordable housing in the City of DeNon in return for DeNon providing an amount not to exceed $192,167 for affordable housing projects described in the Work Statemem, Attachment A, attached to the Base Agreement; and WHEREAS, the City Council has approved additional funding for the Contractor in accordance with their approval of the 2002 Community Development Action Plan, and adequate funding has been obtained form the U.S. Departmem of Housing and Urban Developmem: NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishmem of the conditions hereinafter described. 1. That Section 2, "Responsibilities" of the Base Agreement, subsection A is amended to read as follows: Contractor hereby accepts the responsibility for the performance of all services and activities described in the amended Work Statement attached hereto as Attachment "A" and incorporated herein as if set forth at length, in accordance with the amended Program Budget attached hereto as Attachment "B" and the amended Schedule of Contract Activities attached hereto as Attachment "C" and incorporated herein as if set forth at length, in as satisfactory and efficient manner as determined by City in accordance with the terms herein. That the Base Agreemem is hereby amended by substituting amended Attachments "A", "B", and "C" which are attached hereto and incorporated herein for all purposes for the original Attachments "A", "B", "C" of the Base Agreement. S:\Our Docmments\Uontracrs\02~2NDAMEND DAHC.DOC That save and except as amended hereby, the remaining sections, subsections, sentences and clauses of the Base Agreement dated October 17, 2000 shall remain in ful force and effect. iN WITNESS of which this Second Amendment has been executed on this the day of ,2002, by the duly authorized officials of the City and the Contractor. CITY OF DENTON ATTEST: JENNIFER WALTERS, CITY SECRETARY MICHAEL A. CONDUFF CITY MANAGER BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: DENTON AFFORDABLE HOUSING CORPORATION ATTEST: LINNiE MCADAMS BOARD PRESIDENT BY: BOARD SECRETARY Page 2 S:\Our Docmments\Uontracrs\02~2NDAMEND DAHC.DOC ATTACHMENT "A" WORK STATEMENT Denton Affordable Housing Corporation The Denton Affordable Housing Corporation ("DAHC") was developed to increase the supply of affordable housing in the DeNon area. The organization is designed to carry out the following activities but is not limited to these: administration, rehabilitation, acquisition,new construction, tenant-based rental assistance and public service programs. Expenditure of City funds for housing projects is limited to projects within the city limits of DeNon. DAHC's projects and programs will primarily benefit low and moderatoincome households. Low and moderate income is defined as households below 80% of the area median income. The Affordable Homeownership Opportunity Program provides acquisition, renovation and sale of single-family units. HOME funding in the amoum of $314,550 will be used in the Program. Proceeds from the sale of properties will be placed in the AHOP program funds to be used to cominue the program. No more than 10% of the HOME portion of the project sales proceeds may be utilized for project delivery costs for the program. The HOME portion of the proceeds is based on the percemage of HOME funds included in the project. The Affordable Housing Construction Program provides funding to construct singlofamily units. Properties suitable for single-family housing will be acquired through purchase or donation. Units will be constructed in such a way as to make them affordable to low and moderate income households. Units will be sold to HOME, eligible households. Not more than 10% of the total funding amount may be used to assist buyers with down payment costs. The Mockingbird Lane Project will culminate in the development of a minimum of 15 singlo family housing units on property donated to and acquired by the DeNon Affordable Housing Corporation. The project includes acquisition of property adjacent to the donated site off Mockingbird Lane, project planning, site development, construction and sale of the singlofamily units. An unspecified amount of HOME program proceeds retained by the DAHC from previous projects may be used for the project. The Mockingbird Lane project will be completed within four years from the date of this contract. Page 3 S:\Our D ocmm ent s\U ontr act s\02 ~2NDAMEND DAHC.DOC ATTACHMENT "B" PROGRAM BUDGET Affordable Housing Opportunity Program $314,550 Affordable Housing Construction Program $113,867 Mockingbird Lane Project- An unspecified amount of HOME proceeds may be used for this project. Page 4 AGREEI¥IENT BETV~LEN I'HE CITY OF DENTON AND T}IE DENTON AFFO~AABLE HOUSING CO~OF. c4,T]O3 ~i~ Agreemanl bel'ween Iht: City of Dent)n and the Denton Affordable Housing Corporation (~'A..~eement") is re;de and entered into by and betw.een the City' of Denton, a Texas municioal corpor,tion ("CITY"), acting by and 'thmu8h iU Cry Manager, pursuant to ~rdinan;e, and ~t~ Denton Affordable Housing Co:~omtim, Dm~tcm, T~::~,as a c¢~ified non-profit c~mrnu~ty l!ous~ng d~¥elopment corporation, ("CONTRACTOR"). WHE~AS, CITY has ~ece red Rinds fi-om thc U. S. Depa~enl of Housing and Urk, an ~cl~ o:f I990 as Develcpmenl trader the Nalional Affordable Housing ~ ameade3 by ~e Housing and Con~.mun~ty Development Act of ~992; WHEREAS, CiTY has adopted a budget for such fimds ar<t included therein an ~ut?.ofized Program Budget ['or ::xpm&tttre of fitnds fc>r proxision of aa~ aff:~rdable housing program by De~ton Affor&~bls Housing Corporatio~ included as At,aero, eat '~B"; WHiEREA_8.. CITY has designaled the C¢,nm~umty Devdo~ent Office as. the divis:.on respon;ibf.e for fl~e administration of this Agree'men: a.n~ ali nm'rets ¢¢aaining fi~erem; and WHEREAS, the CiT. y Manager ~a; ~etemined. l. hat CONTY~'kCTOR is t':~e only ~tate~ cea[fled c,mman[ty h~using devdopme~t organ~zatior (Ch~O) that inc]u:des the requested numSer low-incom:~ citizens 5om tbs CITY o~ ~ts board af ~irectors to safis~' federal requkements necessa~ m se~'e the C1TY'~ gt~aph.ical area; that the CONTRACTOR has pr~v~ged mmag~mmt ;es~'ices to the C~Y to promots affor,lable lmnsing w~fi~m ~he C[I'Y which has significantly b~n~fit~d ~hc co;nmun~ty; and CONTP~CTOR has a demo.n.atrai:d ~to~' of W-HE'AS, CITY wishes to engage CONXP,.ACTOR to ca~' out such pmje:~; NOW, Ti 1EIikEFOI~, th.:: patti cs hereto ag'cee, and by fl~t¢ ex ecuii,n hsme f am bou nd tO the mut'im~ oh~ig:ations and ~o the performance ~nd accomplisl~me~t cf lhe cor~ditions hereina?ter described. TERM ~ ~li'l:'tis Agreement sba'~i cormmence o~ o': as of Septen-;ber l, 2000~ and sha~! ¢erminate on Augus; 3 t, 2005, urfless adj us~ed by tim CITY. Reques~ l~r stteh an adjkl;tmen[ must be in w~ing and is ~o be submitted to ~SPONSIBILITIES A. CO.X~T?~CTOR hereby ~tecept5 lhe re~pcm:~ihitity for tile performance of ~[ sen, rices and activities, d~cdbed in the Work Smtemet~t attached hereto aa Atm.zh~re~t ~A" and m¢ocar~a~e~ hereir~ as i£ set forth at lengttL i~ accor~an~ with ~he Program Budge[ attached Lemlo as Attachmznt "B" and the S¢l~edale of Contract Aet[vi~es a~tached hemm as Am:cl~nm~t "C'~ and inc~pu:ated herci~ a~ if sci f.:rth a~ !cn~th~ ~d ~- otherwise ~et forth here~n~ ~n a sat2~£actor~ and efficien; m;~ner as de~emained by CYI'Y. in acc>:dar, ce witl~ the terms herein. B. CONT~CTOR's execu:ive director sial[ be CONTI!L~CTORs representative responsible lot the management of at[ contractu~ tootlers pertai~ng ~ereto, lion to fftc cor~traO' is rece:.ved from CONTRACTOR, ~d a?10rove~ by C, CONTRACTOR agrees ~at all individual projects un_der the Affordable Hotu. ir.g Program deschbed in Attachment."A" to be ~sisted wit~ HOME ~mds w~[! have approval ~om the CITY cf D=mmt. CC)N-r~&CTOR a~ce~ that pm}oct delive~ costs paid with HOME fund.a or ~.-tOME prceeeds will not exceed m~>re th~a 10% of the mta~ pr'njec~ co~t a~ determined ~y ~he CITY. CONTRACTOR al. so ag~ee~ ~hat prior to exp. enJiture of HOME Fro~am proceeds on the Moc~ngbird Lane PrQect:, also described in Attachment "A", CONT~,kCTOR will provide CITY witl~ a project pro ro~a ~nd~ca~ing al sources and uses of ~nds for the project, CONTP,~CTOR musl also provide CiTY with ~ocum~tmion of rite ~d right of way control. D. The CITY's Cm;,~:m.ai~ Dev,lopment Admi~,~is:ralor witl be CtTY's r~=presentafive responsible for t~e administration of this Agreement, CONTRACTOR shalt cnmply wilh I~ID Office of Managen~m and Budget circulars A-122 and A-1 I(~, Alta;hmmts B, F, H, paragraph 2 and Attachm:nt O. COr'~T~CTOR shall ~,e certified as a "Community t'tm~si.ng Development Orgaalzation" (CHDO) ~i~h the State of Texa~ and t~ City of Denton. C.ONTI:UXCTOR maintain CHDO Cedi£~cation for the duration o£t~e con:rac~ G. CONTP,.ACTOR ~hall not request disbursement of fimds until they am needed for 92.504 0)(2)Oii). ' ' C©NT~CTOR shall r~o~ change lt~e P~ogr~m Budget withottt prior '~fitten approval from the CITY. [. CONTRACTOR shal', be restaonsible for performing a site~spe¢if~c environmental ~'eview p~or to acq~fisition ofpm~egi=s to be us~ £cr af[brdable hoasing prr0je,;is, Pa~e 2 o £ ! 4 .. CON'TRACTC,R shall conduct a public heating: al least once ~nualI¥ to review 'pro~os¢4 and ~mpmb~ess ~c~ivities a~ feceS'ce dt~z~n ~np~:. E¢~ng(s) Mil b~ ~dve~is~ at least 15 days in advanc& Adve~ising, at a mb]mum, must inz~u~ publication ~n ~ ne'wspap~r w~h Ioca~ c~:~llat~on. The hea~ng may be combk~¢d wLh CONT~OR'~ a~ual mcm~hip mecti:n~ A summary of ~:omments from the public hearing will be submitted to the Comuni.ty Development Division within 30 dayz of[he date of ~he pub!~c kear!ng. CONTRACTOR shall provide, timer7 not, ce to area residents pdo, m increas~g the number o£~m~ts h:~ tim am~ by re,re ~m three single family or four mu!ti~amiIy u~B. Not[ce will be pt-ov~de~ te res:~ents w~h~n 500 feet of the proposed developmenL N~fic¢ will inch~de cont4~ct information o.r ~dent:ficafion of oppomm~fies ~r residents to co~eat on the pmppsed developmeat. CONTRACTOR will also hold public forums as necessary bt are~ whe,e mom tkan CITY'S & COgTI:L4.CTOR!S OBLIGATIONS A. CITY, ~hnl~ provide tim& in the gmonni c~f$ t92,] 6.7' or less in p~ed fi:nets to the CONTFL&CTOR for spcdfic ho'.tsing pr~ect$ and progmns as deschbed the Work Statement~ Attachment CONTP..ACTCR agrees to ho16 and ~ave ha~leo, the CITY, its o~cers ~nd employees ~om any a~d ail loss, cost ordamage of every kind [including prope~y dam0ge, bodily' in.j u~ o: death], nature or description ad~ng under this Agreement. 2 CITY shall be rcsponaib[¢ f'o~ per£om~ing a g=n¢:raI cnvironin=nta[ m¥icw ~o insure necessary cmnp~iances are me',_ D. CONTRACTOR shaU be responsib!e for performing a project-.speci~c enviroamental revi.vw t~ insure necessary compliances are me~. This Agreement and the payments made hereuader ~'e contingent upon receipt of U,S. Depa:rtmeat c,f Housing an~ thban Development funds pursuant to the HOME Investment P~flne~hip Prc~am~ and shall Immaate imme&ateIy, not withstandbg the provisions of ~icle XiX hereof should such ~nd~: be di~confinutd t~r any reasmt. The CONTR.ACTOR may ncr r~uest disb[zseme~nt of ftmds 7ntil they ere needed for pa>xn.en.: ofeligib!e costs. The amount of ea, h requ. est by the CONTK~XCI*OR skall be limiled to the amount ~l=~d=d lit uccmdunc¢ with 24 CFR 92.5~ (¢)(2)(vii) and shall involve the activities set forth in. !he "Contrae~ .ActNiW gchedtde' attache~ as At1~clunent C, G. Upon dissolution of the CONTR-ACT©R any remaining funds ar assets denned thc expenJimre e£ thc CiTY's ~nds, h,reiaa~er sometimes desmbed as the CITY's HOME proceeds or ]qOME-f~mded projects, ~tmt be Mm;ed ately rc:umed to ~h¢ C[T¥~ Page ~ of 14 H~ CONTRACTOR shaIl pe~fo~ all servic=s, obligalions ~d activiti:s as required tt~e ~ird ~'~dme~t (FY99) % A~=ement Be¢,veen t~e CiV of Denton ~d The Denton Aff~rdable Hous:ing Corporatlo~ :ela:t~ng ~o lhe Tetedo Cot:n Project, includi~g ~vilt~out limitation ~!i sc~'icc~, ~ligaticns m~d activities necess=.W to fully comply with the Memor~d~m U~der!t~ding Toedc Court Subdivision: egect~ted by CITY, CONT~CTOR ~d the Oa~ NeigI:borho~ ~ocialion. COM'PLI~UNCE WIT!t FEDEP,_aJ,, $'IATE ANB I ,OCAL LAWS A. The CITY and CON[R, CTOR ag:ce to ~:erfonn their dutiea ar[sing pumuant t0 the Agreement in eomp[ier~ce w~rh ~e U.S.: Department of Hm~sing and Urban Developmem HOME [Hv~stment Partnemtfip Program mguiation~ at 24 CFR 92. B. CONT[L;\CT(.')R ~[ml] comply wifh the um£om~ administrative req-.tirements, as described in 24. CFR 92.50,5 in ehe HOME lp, v~tment Parmership Pro~. regu'.aticns, a copy of wl~iz!~ is attaeged here:o. C. CONTRACTOR sha]~ comp['.,' with all prescribed procedures regard'Lng nondiscrimination and equal, opportunity, a~rmafive m~keting, di~placement and relocation, Iabor re~a!ions, lead-based p.~int and conflict of interest provisions described m 24 D CONTRACTOR a=.m-ees tc~ ~r, sure thai all H©ME-a~sfsted horsing or housing iderti~ed as match for the t-705{E program meets all a~brdabilib" req[firements identified in 24 CFR 92.252 or 92 25< CONTRACTOR ~a~he[ ~t~ees to develop a deed oflmst for um with all HOME.assisted units tgat incoq:ora~es :hese requirements, in:luding remedies for bre~g of th.c .~greemem provisions'~ CONT~CTOR will provide tim CI~/witB a ~py of the de~ of t~st with pmvisioas described above tbr approval beBre the sale of any HOME-assisted units. CONT~CTOR agrees t!~a~ as a ceaifie~ Corranumty t-to,us[ag De,~elo?mmt .,_..orvo. at,on (CI-~),, it wil~ comply with 24 CFR 92.3(,0 and 92.301. F. tfi[ is: detem~ined that the use of the funding p:'ovided by the CI~Y does noi meet :tie req~sirements of' the U.S. Depar£meni of ttousing and Urbm Development HOME Investmmt Partnership prLogram, ~he CON'T~AC~OR shall reimburse ~h¢ CITY for the costs dete~Jned to be disallowed under !he U.S. ~pamnent >f Housing a~.~ Urban D~:ve!opment HOME !nve~tmmt Partnerslnip Pro.~:rt regu[alions~ CON't F,_AUI'OR agre~zs il]at all [lousing a~st;ed under this agreemenl wit meet the property standard= req'-tircm~tg in 24 C~P,. 92.251. CON'Ti!L~CTOR ag!ecs :o ~mply 5vith all applicable Federal laws, laws. af the State of Texas and ordinarces of~e City of Deaton. Pa~? 4 uf] 4 ~I~RES ENTATIONS A. "he CItY is providing £un,~ing to tbs CONTRACTOR ia order m prvmo;e d:velopmem ofaffcrdable housing. Use of ~mcts for' progr,amming will, meet this s~.a~:e~ goal. B. T'N¢ CITY is the only agent authofiz~ te designate :haage~ to t[~e ProFam BLtdg=t OF ~0 approve speciSc projects and pro.ms aut~oriz:ed pursuant tc ~h:e noa-admi~istmtion p:onion of ~he Program 3u~t, C. CONTB~CTOR assures aha g'.~ar~tees that i¢ possesses the legal auihor/ty pursuant to a~y proper, apprc~riate and official motion, r~solution or actioa pa~sed or taken, ~o eater l~to tl~s Ageeement. D.. The person o~ persons signing ard executing tI':is Agreement on 10eh~.if of CONTRACTOR, do hereby warr~,nt ~,nd gua,"anlee that he, she, or tl~ey have been 5.~l[y a::]thori'zed by CONTI~.~CTOR to execu*e: this Agreemem on behaI£ of CONTRACTOR and to validly and 1,egaI!y bind CONTKACTOR to ull ten:~, p.:rl'u:m,~ a~ provi~ivu~ ].[~[¢i~t ~et D~tl]. CITY sha~l have the figt~t, at its optioa, to either temporarily suspe~d or pe~anently te~ina~e this Agreement if fi, ere is a dispute as ~o ~he legal a'u~ho~' of either CONT~_CTOR o~ tge perso~ signing the Agreement ~o enter imo tt~s A~eemen!. CONT~C- TOR is liable tc CITY for any money it has received ~m CITY for perfommnce of the provision8 of thi~ Agreement iF C~Y has ~u~e~ded or qe~ ins:ed ~his A weemem for ~h e rea~om enum crated in t~ Section, F. CONTt4~CTOR agu'ees ii, at ~he funds and i~esomces prc¥ided CO~tSkA. CTOR. ur~der lhe le~f~ of this Agreen'~ent wil} in rm ',¥ay be .*ubstituted for' flmds and resources lSom o~her sources, nor in agy way sert,e £o ~d. uce tl-.e resources, ser~'ice~, or othe~r beuefim wbich would hate bsen av~lable to, et provi&d ~!u-o!.~g'n, CONTRACTOR had this Agreemem net been executed. PROGIUMM INCOME A. HOME program income is defined as ~.I fees and interest p*.5~ents on HOME- assisted: u:nits/ptojects and any interest income or~ dep,~:ited HOME Funds ~' collected by the CGNTRACTOK Pm~zm income may Be re~aln~J'by *he CONTRACTOR tm be used for HOME-eligible activities incla&d in t~ Work Stare~nen~ included hereia as Attac~en~ "B"~ Provided, however ihat any intem~t on deposit~ HOME [rods m~st be rmni~led to Yhe CITY E, HOME program proc~ds are defined as incom~ fi:om the sale oftlOME-assi~ted housing. Proceeds may be r=tai:'ted by the CONTRACTOR fo[ use oa o~l~er HOME~e[igibe activities intruded ia tim Wink Sm,:ement ::ncl2decl here ~ Attac;~ent 'T4". Parc 5 of t. 4 C. A~y income generated fi:om the 2s¢ of HONfE ~s, proceeds, or m~y i~oms gene:areal t~ou~ s,absequent use af these fimds shat] continue, to b.e us~/by the CO~L~OR Br HOME-elig~le ~,fiv2ies indt~ed in ~he Work Statement ~n the C~y o~~ Denton, Use of the ~mds on projects or pmgr~ns m~er ~han those ident[fie~ in ti:is A~e~meut must be approved in writing by the CITY. An7 ~ncome ~tain~ and ,~ed b7 '.he CONT~OZ must be ~v~i!~ble t~ the C~TY as a match, nE contribution for tko HOME program. Upon request, CON~CTOR wi~t appro~ appropriate con,fica!ions stating :hat funding ~s ayah!able ~ a HOME progm mmch to ~he CITY, ~iAINTEN~NCE OF RECORDS COiTI'~CTOR agrees to maintain mcurds fl'mt ~il! m;m'[de acum'at¢~ separam, and complete dNclosure cf the status or,he fi:md~ received pursuant to Fum~tant to any other applicable F~en~ m~&'0r S~a~e regulations establisking stand~s for finandal management, CONT~XCTOR,s record system sha~l contaJu sufficient doct~menta:~on derailed st~ppo~ and )usfi~cation f:~,r each exFendimre. Nodding in this Section shall be co~.straed to reh~v¢ CONTRACTOR of fiscal a:com~tabilib' a'td ~iability under any other provision of A~eement er cay ~ppl~e~ble ~sw' CONTRACTOI~. shM! jar ude d~e s~b~a~ce ali s~bcenlraets, CONTRACTOR agrees to re~ain ail books, recoMs, docanaents, mpois, and ',~t~en ~co.'.mti:~g policies and praeedures pem~Jr,~ng to t~e opamt':en of pro~s a~d expenditures of ~.[nds: pursumt to this Agreement for the period of time and under the conditions speciSed by CITT. responsibility for retmning acct~mte m'~ current recor% which cleariy reflect th~ lc'eel md benefit of sen, ices, t~ro¥ideO pt~rSllfttlt tO this A~eement, D, At ~ny reasonable dine an~ as ollen as CITY' may de. em necessary, the CONTK:~CTOR shal~ make available to C~TS, o[ ~.y of its authorized r'epresentadvea, all 0f its records and shat1 pennil CIFY, or any of its att~mfized represents!ives to audit examine; make excerpts and c{~ie~ of such recooJs, and to conauc: audits of ail con,race, invoices, m,ted~Is, ~yre:lls, records ofpersonrel, conditions or emp[o>.w, en~ and all other d~ta rdat ng to ~tte p:og~am E. Re CONTRACTOR shall give the City of Denton. the U.S. D¢?a~mer. t Housing and Urban Development, or any of ~eir duly a~tho~ze~ r~reseniafives, access to and ~gh: ~o examine ~1~ book~, accounts, records r~ons, files and o~her p~pe~ belon~ng to or ~n use by tlm CONTK~CTOR pe~a~nin.g Io this A~ceme~L Such figllts 1o accems Shah continue as long as ~he CONT~CTO~ i~ required to retain ~e records. PORTS P,!'CD INFOR1MATiON A~' CONT~CTOR shall prcvide quarterly fin~cial and benefci~ reports ~a~: shat! contain such recorJs, ~ata an~ ir£ormafioa ~s CITY may req~:est m~d deem pe~i~ent t¢ matter~ ~overeg by this Ageement CONTP~\CTOR sh~l~ provide any add:t~onal information as r~.qnested CITY wtlfia 10 day~. B. ~-~ m~dit must be condt:cte~ ~n accor~m~ce witt~ 24 CFR pans 44 and 45 a~ applicable~ CONTRACTOR sha~l submit a copy of said audil to the Comnmniey Development: Office withn ten days o~ receipt of the co:np~e~:eC reporL C. CO:4TiLACTOR shall submit copies of ail public meeting adverti~ement~ and resigen~s nctifications setting fo~h the time and place l:l~¢mo~; including wi~ou~ limitation board of director meetir~gs, to the Comm~.~m~? Development Di~'ision o~Iice at least 7.~ hours prior to me~ing in ac~orda:~e with Section 16 o£thi~ INSURanCE CONTRACTCR Jmll observe sound business practice~ w~h respect :o providing sucl bonding and :insurance as wouig provi:le adequate coverage for ,era'ice:; offereJ under tN~. Agreement. and the employees con~uc ing the~e activities, ~ha~l be ceve~d by promise l~ability insurance, corn. monly m~ka-ed to ;.s 'OwneffTenant' coxemge Mth CITY named as an Mditional inmmd. UPon a~angements. . . C. CONTP, ACTOR will comply with appIicabie ¥ orkers compe:tsation stat[ttes and will obtain emp[oyerg liability coverage where available and other a~ropria!e ~iability coverage for pro,am participants, i f applicable. D. ~TONTRACTOR will ma~nt~i~ Meq~mte ar,~ ecnfinum~s ~iabil[ty insurance on al! vehicles owned, leased or operated by CONT~CTOR. All employees of CONTRACTOR who ~re zequired to Jfive a vehicle m the normal scope and co~lrse of their ernplo~anem must possess a vali~ Texas ddver'~ licxn~e and a[tomobile liability insurance, Evidence of the employee'~ c:u~em P~uc 7 0£ i4 po~mgion of a ¥.a~id lieen.qe and insurance mu~t be maiatained on a current basis CONTI~CTOR% ~les. Actual losses not covered by inaur=nge as required by ti ~i= 8corian m-= n~ adlowablc co,ts under thi~ Agreemem, arid remain the ~ote re~por~dbility of CONT~CTOR 21'~e policy er pal/des of insurance sl~alI ¢ont~n a cl~se which requires that CITY sad CONTRACTOR be r~oli Ged in wfiti~g of any eancdlz~tion or Change in the Ipo~iey at ~east tlxi~y (30) days prior to em:ch c~tange or c~nc~'.Iatbn. 10. EQUAL OPPORTUNITY Duriag the perFom=mcc of t~i~ A~e~ment, ~e CONTF~\CTOR io sub.~eet tc Executive (.?.,Mcr 1 } 246. a.~ arnended, and~ therefore, agrees to dm fo]bwing: (:) The CONT~CTOR '.,.'ill hal ali,criminate against any em~toyee cr applicaa~ for employe~ me treated during emp[ol~ent witham regard to their race eclat, religion, sex, na~ionat origin, or hmitial stmus, concerning tach empb)menr, up~adfng, ~emotion, or trans[er; mcmi~rent or r~mitmenl adve~ismg; layoff or tc~ination; rates of p~y or t~cir apprentice, hi.p. Thc CO~.ACTOR a~ee~ to ~St in conspie~ott~ Cares, av~lab[e 1o both employees md ap¢icmts for emplasq~enr, notic~ to be provided by the C1~¢ setd~g tb~:h provisions of ~his nondisc~mination The CONTI:oXCTOR. i~ aH golieitationg or advert:~semenls for employee~ placed by or on behaff of the CONTRACTOR, shall state that at qsati~ed applicams wilJ reeeh'e consideration for empl0yrr, ent with:oat regard to race, colo~,, retigion, sex, rtatio~al o~gin, or £~mi~ial slams. 1 1, CON F~ CT OF INTEREST A. CONDLatCTOR covemnts tha. t neither it nor any .rr, sm~3er o:£ ils governing body pmseatly ha~ any interest, direct or ind~reck which wo~Id .:onflicl; in any mamqer or ~egree with the perfo~ance of sero'ices ~qaired ~0 be perFo:~ed under rxis Ag~eemenL CONT~CTOR ~mher covenant~ t~t in the gerfo~nce of lng Agreemeat, no person having such imere~t ~halI be employed or appoinmd ~s a member of its govemNg body. B CONTRACTOR fmher coYe~sants th,~t no member of its cave, ag body or i~s staff, su'~ontradors or employees shal possess my 5meJ'est in or use this po~tion for a pu¢ose that i~ or gives the ap~arance of beiag motivaled by degire for pdvale gain for themseives, or o~hcrs, perticularly thong wi;h which they have fan;i~y, bu.sine~s, u~ ol]~ ti~a. .Pa a= 8 o ¢ ! 4 C. No officer, member, 07 employee of CFFY ~"~d no member of its governing kcdy who ez~cims any lily, lien or responsibilities ~n t~.e review or approval of the un~en~kfng o~ ca~.'h~g cml of this Agreement ~hal; pa~ic~p~t~ Jn ~ny &ei~ion relating t~ th~ Agreem~n~ which POLITICAL OR SECTARIAN ACTI, IT'~ A. None of file perfom~ance rendered hereunder shalrt in~-otve any Folit:~ca[ actvity ([nc[ [ding, but not limited to, an}' actM:y to filrlher the electbn or defeat of any candidate Fablic cffic0 or ~ny activiD' ut~dertakm to i~flueace Ihe p~sag~, d:e~'ea~ m: final ¢on~er..t None of lhe perfbm~:m:e rendered hereunder aha]l invol~e or benefil in arty', ~nanner any sectarian or re!igio~ts a.:tiv:ty. 13. WA]k[LkNTIES A. Ail in£ormafion, reports and data heteto:~ore or hereafter requested by CFFY mhd famished to CITY, are compte~e and accurme a; of the dine ~hcw~ oa the infomation, data, or report, ~d, since t,.mt date, have not undergone any sigmficanl change without w~tten ~oti.ce m CITY. B. Any supporting financial statements heretofore requited by CITY and ~rnished to. CITY, are e0mplete, accurate and fhit[y ~efl~t the financial condition of CONT~CTOR on da~e sho'~vn on aai.d report, and the results of ~he operation for the period cover~ by the mpo~} and that since s~id date, ~here has been no matehat c~ange, ~dveme or othepM~e, in the condition of CONTRACTOR. C, No litigation or legal proceedings are present'.y pending or ~hreatened agains; coN~ R.~CTOR. D. No,ne of the provis ohs herein contravenes or is in conflict with lhe authorky under which CONTRACTOR is doing bus[ness er ~ith the previsions of an)' existing iadeI~mre or a~e e m e n t o f C ON771~ CT OIL E, CONTtLACTOR has tko power to enter into thi,; Agreement and ~cept paymem; hereunder, and has taken a'tl necessa:~~ aztioa to amhofize such acceptance undo: the ten:ns and Page 9 ella F. None of ~{,e ~:amt.q of C.©NTRACTOR is subject to my lien or encumbranc~ of sm>' character, eKcept for current ~:ax.~ not deli~umt, except ~ shown in the financial statements [~mis.hed by CO'Nq'RACTOR to C~Y, G. Each o~ tkee. e representations ar, d wamnti~ ~ha! be cen6.r~uing and slml] be deemed ~o }nave been repea!ed by the s~tbmissicm of each request for pa~mnt. 14. COVENANTS A. Dr:rang the I>eriod of time ':hat pas, meat :may be made hereunder and so long as any paymenls r~:main u~]iquidged~ CONI~CTOR ;~hall net, without the ~rior w'~ttea .consent: of the Co n;.m~m ity DeveIcpmxnt Ad m in ~ stra~or cr h er au tt~o~ ze~ representativ e: (1) Mortgage~ pledge, ~>r o:hercvise enet~mber or suffer to be encambere4. ~y o£ the asse~s e.f Cox'rl~XcroR n~w o~u~ed or hereafter acquked by ~t, or pem~t ~y pre~ex~sfing mon:gages~ liens, or other enc',m~bran:es ~o roman on, or attached I% any assets of CONTK, ICTOg wl~ick are aliocamd ~.o the perg~anee of tNs Agreement md with re~pe~t ~o which CITY Ires ox~ ner.~h~p he. reunden {12) Seek assign, piedge, transfer or other~vise dispose of accounts receivables, notes e~r claims ~br morey ~ue or to becon~e due, G) Sell~ conv'ey~ or lease al or sul-.stant[aI part of its as:Lets. {4) Make my advance or loan to, ~ incur any liability for any other firm, person, entity or corponaion as gu. arantor, ,ureU~, or a~cormmodafion endorser. (5} 8e11, donate, loan or transfer any eqaipmen~ or item of personal prop¢~' p-ar~hased with funds, paia to CON];RACTOR b7 C~TY, un!ess CITY aut~fizes such tram B. CONTRACT©R agrees, ~n wfilmn req~!e,t ky CIYY. to~ requite il~ employees to attend training sessions sponsored by the Commm~ ty De elopmen~ Office, blO~ITORING A~ND EVALUATION A. CITY ssalI pe~fom oa-ske monitoring of CONTRACI'OR's perfo~ance under ~his Agreement. B. CONTRACTOR ~.ees t:h,at CITY ma>~ c:,~n-y o~t monitor/ag and ew[uafior ac. tivitie~ to ensure adhere~e by CONTP~CTOR to ire Work $1atemenl, tnd Pro,am Goals Objectivas, which are attached kereto as Atta~m~gn~ A, as weir as other provi;i,>ns of Page I 0 of 14 C, COIeTPdkCTOR ,~gree~ ~o cocperate f~lly with CITY in the devetopme~L implementaion and maintenance of rcc0rd-keepin~ systems ~nd to provide data d¢~e~ned by CtTY to be necessaU for CITY to e ffectiveJy fidtllI ils monitoring *md eval'aabn rtsponsibil[ties. CONTFJ~CTOR agrees to ccop¢,~te in =u~h a way ~o as not: ~o obst:uct or delr,.y CtTY i~ ~ueh monitoring and to de~ignnte ¢.ne of i~, stuff rnembem to coordinate the monitoring ~.rocess as requested by CiTY staff. CONTILACTOR wlth:i~ 30 days Wi6xJn 60 days o~ notification by t~e CITY, :he C~h~TJLACTOR ~hall provide complete respo:~se~ include a statement ac~ow[edging ~y coxecfive action required to be taken Cue to Cffy ~r Denton monitoring findings amd cc. ncems. CONTPo\CTOR shah sukmi~ copies of my fiscal, mamgemen::, or audit r:po~s by any of CONTRACTOR's ~Ming or regulatow bodies to CITY witNn ff~e (5) working days of receipt ky CDNTILa~CTOR~ DI~CTORS' bl-EETINGS A.. CONTI",ACT©tK am!t ensure that ail bo~d of a[rector~ ~ members;alp meetings m'¢ pubhcly advertised ~d ~ agenda posted ~Sth the Ci~ Secretary ~d the Cormnani9~ Devebpmeal Divis{on at [east 72 hours prior io the meeting Such notke sh~l kclude m agenda and a brief ~es¢fipt on of the ma~ers t~ be discussed. B.' CONTRACTOR undersI;amd, ,md agrees thru CITY repr~cnlaii~== shall b~ afforded access to ~]l oflhe Board of Directors; rneetinga. C. Minutes of alt meetings o[ CONTIL~,CTOR's go-:emi~g body ~ha]l be avaihMe [o CITY within ten (1 P) worhng da>~ of approval, 17. NEPOTISM CONTILA. CTOR shal~ not employ in any paid capacit3' any pe~on who is a member of the immediate family ef a~ person who is cu~ently employed by CONTRAC['OR, or is a member of COI'*TRACrOR', governing bored. ~ term "member of i~'~=diate hm[ly" ineudes: wif:, hus~d, son, daughter, mother', £ather, b:other, sis!er, in-hr,, mint; ~¢le, nephew, niece, step-parent, step-ch}id, ha!f-br,Jth~ md h~lf-~i~t~r~ 18, SUSPENSION OF FUNDING A, Upo:~ determimfion by CITY of CONTRACTOR's £aihl,r~ lo tim*fy md properly perfom~ each cf tko r~quirem~mtL tim~ c.~aditbns and d~tie:; provided herein, CITY, without limiting my fi~ts it may ofherwise Mx, e, may, at i~$ discretion, and upon ten {10) wo,rking days written notice t~ CONT~CTOR~ ~it~o!d fimSer payments to CONT~&CTOR. Such nofce may De given ~y maiI to the Executive O~cer aa~ the Board 0rDirect~s of CONTRA~OR. 'D:~ n~iicc a~ll act foah the deJ~u]~ or hi!ute alleged, and the action requir.~ For cure. B, ' The period of such sus:pe~sion shMl be of s;lch duration as is appropriate, to accomplish corrective action, but in ne event shall it exceed ;hiny (30) take, dar days. At ~be end 3t tSe suspension p~od, i~ CITY dele~i~cs tim dcPatLlt ~[- du~c[c[my Ha~ been aatisfi~t, CONT~&CTOR n~y be r,stored to ~11 ::ompI~anc¢ seams and paid ail eligible ~tnd; witl~.e~d r}r impounded during he suspension period. It] however, CITY detem}iaes that CONTRACTOR has ~>t e~me into compl[asce, this A~'cement ms.y be tem~[rmte,:~ urder Section ~9 o~[ this Ago'cement 19. TERMINATION A. The CI']'Y shall have the fight 1o terminae ;hi; A~eement, in x'fl]ole or in p~; at any ~me w~;enever the CITY de~e~.nes rba[ t]~e CON~&CTOR has fa~ted to comply w~ any term of this A~eemem. The CI'TY ~hall noti~' the CONT~CTOR in w~ting thi~~ (30) days pSor ~o the date of terminalion, the effective dee cf such ~emrnaion, and in the case of penNI termbali¢~, the poCion ofi:he Agreement to be i~iaated. Propeay abel] be subjeci ts disposition. The CITY sha:i have the right to tern, nato this Agreem:nt for convcnicn:e, in x~hcl~ or in part hy w~,tter notificalicn to fl~e CONTRACq'OR which shall include the mason far stroh te~ination, the effective gate m~d the poaion to be term[nated~ C. The CONTRACTOR shall haYe the rigkt to resinate [his Agreement tbr convenience, in whole e.r ir. part, by' '~'ritten notification to the CITY, which shall include the r~a~n for such remfinatior~ tbs effect ye date and the portion to be m~inated Ii-, in the case of a pmiaI tenniaar~n, it ;s the de;e:rrninaticr~ of CITY 20. 1NDESINIFIeAIION A. It is expressly understood and agreed by both parfiei berets that CITY is contractS;rig wilh CONTP,~,CTOR as aa independent CONI~CTOR an~ that as such, CONTF~OR shall save and hold CITY~ it; officem:, ageaB and employees harmless from all liabili~ of any ~a~ure m' kind~ including costs and expcu~e~ for~ or on account o~ any Page 12 claims, audit exceptions, demands, suits or dnrnages of any character whatsoever resu[ti~ in whole or in part fi'om the performance or omission of any erapioyee~ a~eut or ~epcese~tative ~t' CONTRACTOR. CONTP._&CTOR agrees ~o provide the defense for~ nr.d to indemnify nad bold tmrmless CITY it~ a~e~ts, e~pl~yee~, or co,tractors from any and all ~aims, suiB, cm~ses of ~cticn, demandsy damage~, lcsses, a~oraeys fees, e~pease$, and liability arising om or,he use these contracted funds and program admjnistrat~on and implemeatati,on exeep~ to the cxtea~ caused hy the ~illful act or om[ss;ion of CiTY~ its agenB~ empbyee$~ cr contractor~, 21. NOTICE For pu~,oses of thi,~ Agreeme~L aL[ o~cia] conmmnications and noiiee~ amah:8 the part[es. shall be deemed made as cf' the date mailed if ;sent ~os[age paid to ;he pa~es and address set for below: City Maager City of Denton 215 E. Mc~mey St, Denton, Texa~ 76201. Director Denton Aftbrdable Housing Cmporafion 303 N. Carroll BNd. Snite 10S Denton, Te,~as 76201 VENUE T~i$ Agreement shall be interfered in accordance wkh the laws of ;~e Stat: of Texas and v~nue of any li!iga~[o~ co~ce~n[ng t~s A~eem~ d:~all be in a ccu~ of competent jurisdiction ~ia~ng m Demon C~n~/, Texas. 23,¸ COSSOLIDA IION AG~EMENT Thi= Agreemem conso'.idale~ aud [¢pl~c~ ul~ previous A. ~eements betxveen CITY and CONTR.ACTOR ~nd ali Amendments to tho~e A~een:ents e~cept where othe~",qse expressed herein. Provided, kowever, that CONTRACTOR shall be req~red to maintain ali affordabi~ib' requirements on all ]dOME fimded projeets~ sha]~ ~,dty perfo~ ail con!inuing obligations required tmd¢[ these previous A~eements and applicable state, fo<era[ and local laws and shall continue to use ~I HOME pmcee& ~om any CITY-~,$e4 projec~a since CONT~CTOR'& ine~t on for HOME-eligible activiti= aa de~Nbed ia this A.~reement and as may ke required by law. ~ DI~Wt~SS OF ¢~I,Zt't this Agreement ha; been executed on this the /~day of P;,~;c 13 of 14 ATTEST: ~NNIFER WALTERS, CITY SEC~TARY APPROVED AS TO LEG,~L FORM: EEF,.BERT b. PROUYY, CIYY ATTO~EY ATTEST: CITY OF DE~0N BY' DENTON' A~FFORD,~53LE HOUS~G c O_R~POPO. TION yOAKD P~$~ENW A~ACH-b,~NT "A" 'WOP~ STATE.MENT Denton Affordable Ho. usi~g Corporaiien ne Dent~.n Affordable Ho.t'.sin§ Co,oration ('DAHC") was deveIoped to increase the supply of a~Yor~ble housing ~:~ t~e Desitin ~rea, The organizaSoa is designe~ te ca~ o~tt the following tenant-bmqed rental a:~sistance an:t public service pmg~'mns. Experditure of City fl.rods for housing pro, iec£s is [im.i~ed to projects withn he city timits of Denton, DAHC's pi'eject:ts and pr~grmns will prkm~ly b'~efi~ IoW :~ld .modmate4~come heuse~olds. Love m:d moderate {nc'om, i~ defined ag hmtge~ds be[ow 80% o~ t.he area medium income~ The Affordable Homeo',vnersh[p Opp~rt~nity Program provides for acquisition, reno;'atie.n and ~ale of s~ngle-fam[ly units. HOME funding in the amcunt of'~78,300 will be used in the Proceeds ~om the sa~e of progenies ~¥iiI be placed hx t~e ~OP presto< fired to be mod cmtinue ~e, pro,:an:. No more than 10% of the HOME FoCi. on of lke project sales proceeds may be uti]jxed for project: de[~veu c~sts ~br fl~e program~ ~e HOME portion of the proceeds is based. on ~he pcmen:aSc o.f ilOME fnnds included in the project, ~te AffOrdable }lousing Construction Program Vov~des RmdJng to ccn~tmcl si~agle-f~[ly unim. Properties suimble fo~ single-family housing w~l be acqu~d t~ough purchase or donation, 'U~dt~ will be ~¢~t~[~cted in such a wa3~ as to make them affordable t.o low ~ households. Lln~ts will be sold Io HOk'IE.e}~g~ble bn[~gehotds. Not mere ihan 10% of D'm ~ad:kg amount r:my be used 1o assist buyers with doxvn pa~,m~nt and dosing cost~. The :~Ioc~ngl:~ir~ Lane Pmj eot w~ll culmina:e i2 tt~e ~evelopment of ~ m~mum of 15 hm[ly housing un[t~ or pr, pony ~onated to and acqui~d by the Denton gffor~ble C0¢~atiom T]~e project inclua~ a:qu~sition of pro~e~~ a4jacenl io ~e donated M~ck[ngbird Lane, prc0~t pIa~ng:, 8i~e development, construction and sate of the sing~e*f~ly u~m, An unspeeit~ed amount o[-HO~'~ program [~roceeds retained ty DAHC :~om pr:v~eus ptgjccia may bc u~cd for ~l~c project. The Mockingbird Line project will be completed v,'httfin four ymr$ from the date o~ lhk contract, ~ , .A. TTACt '{i~,[E>,~T "B~ PROG'P,,~M BL.qDGET Affo~d~t~¢ Homcowncrship Oppo~unf~ Pro.am $78,300 Affordable Housf~ng Co~s~ru cfi on Pro,am $1t3,867 Mockingbird Lm~e ?rqi~ct - A~t [~aspeeified am,rant of HOME proceeds may be use~ Item #4L AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 8, 2002 Fiscal Operations, Tax Department Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of tax refunds for the following property taxes: Tax Name Reason Year Amount B. Lereta Corporation for Mark & Nanette Overpayment 2001 551.46 Behning ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Bryan & Angela Everheart Duplicate Payment 2001 729.43 BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. These accounts fall under Chapter 31.11. FISCAL INFORMATION The total tax overpayment revenue fund would be reduced by $2,794.89. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations Item #4M AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 8, 2002 Tax Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a 2001 tax refund to Popp & Ikard LLP for First Denton Ltd. on behalf of Pace's Crossing in the amount of $6,901.52. BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The property located at 2411 1-35E S was under protest and a property value resolution could not be reached through the Appraisal Review Board process. On August 2, 2002, the 367th Judicial District Court declared the 2001 appraisal value, thus resulting in a refund of $6,901.52. All documentation necessary for refund is attached. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $6,901.52. EXHIBITS Court Order Supplement #1 Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations CAUSE NO. FIRST DENTON, LTD., Plaintiff VS. DENTON CENTRAL APPRAISAL DISTRICT Defendant 2001-50555-367 367m JUDICIAL DISTRICT AGREED FINAL JUDGMENT ON THIS DAY, this cause came on for trial and' came the Plaintiff, First Denton, Ltd., by and through its attorney of record and also came the Defendant, Denton County Appraisal District, by and through its attorney of record, and all parties having announced ready fo~ thai, all matters of fact and law were submitted to the court. The parties announced to the Court that they had reached a final settlement regarding all issues of law and fact in dispute herein, including the appraised value of the property that is the subject of this cause and which is more fully described in Plaintiffs Original Petition. The parties have agreed that the appraised value of the property as of January 1, 2001 shall be as follows: ACCOUNT NUMBER R121075 $10,500,000.00 In addition, the parties have agreed that the appraised value of the property as of January 1, 2002 shall be as follows: ACCOUNT NUMBER 2002 AGREED VALUE Rl'21075 I .... $'io,5oo,ooo:0o The Court having reviewed the pleadings on file herein and having reviewed the terms of the settlement is of the belief that it should be in all ways approved, accordingly; THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that: The undersigned parties agree and stipulate that bona fide disputes and controversies exist between the parties concerning the appraised value of the subject property. The parties solely for the purpose of compromising and settling their various claims, each as to the other, enter into these stipulations. No other use of this Stipulation may be made by the parties hereto as concerns the claim of either party as to the other, whether having arisen in the past, now pending, or to arise in the future, including, without limitation, subsequent disputes as to the market, appraised value or taxable status of the subject property within Defendant's appraisal jurisdiction in any subsequent years. This agreement is not intended by either party as an admission of the market value of the subject property, nor shall it be represemed by either party as to the other, as an admission. Further, the existence, terms, and contents of tkis Agreed Judgment shall not be admissible in any judicial or administrative proceeding as against either party except as may be necessary to enforce the terms and conditions of said judgment, either party as to the other. The appraised value placed by the Denton County Appraisal District and the Appraisal Review Board of Denton County upon Plaintiffs property, described in Plaintiffs Original Petition is hereby canceled and set aside; The Court hereby fixes the appraised value for Plaintiff's property as of Sanuary 1, 2001 as follows: ACCOUNT NuM-BER I ..... 2001 AGREED VALUE .......... R12107 ...... l. $ 0,S00,000. ' Cause No. 2001-50555-367; Agreed Final Jud,.gment;.Page 2 as follows: The Court hereby fixes the appraised value for Plaintiff's property as of January 1, 2002 ACCOUNT NUMBER 2002 AGREED VAi,UE The Denton County Appraisal District, and in particulai', it's Chief Appraiser, shall correct the 2001 and 2002 appraisal rolls in conformity with this judgment to reflect the above valuation and taxable status for the subject property; The Denton County Appraisal District, District shall certify said corrections to the taxing units in which the subject property is taxable in conformity with the post-appeal procedures provided by Chapter 42, Texas Property Tax Code. All costs of Court are taxed against the party incurring same; and. All relief not expressly granted herein is hereby DENIED. SIGNED on this the~ day of _/~'"~.~V~- ,2002. JUDGE PRESIDII~G Cause No. 2001-50555-367~ &greed Final Judgment; Page 3. Agreed as to Form and Substance: PER_DUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. By: Joseph T. Longoria SBN: 12544860 1235 North Loop West, Suite 600 Houston, Texas 77008 (7t3) 862-1860 (713) 862-1429 Facsimile ATTORNEYS FOR DEFENDANT Agreed as to Form and Substance: dilb~t ~3. ~)~ivila SBN: 24004610 Raymond Gray SBN: 08328250 James Popp SBN: 16139280 The Pierre Bremond House 402 West 7th Street Austin, Texas 78701 (512) 473-2661 (512) 479-8013 Facsimile ATTORNEYS FOR PLAINTIFF Cause No. 2001~50555-367,; Agreed Fina[ Judgment,; Page 4. 1_1 Item #4N AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 8, 2002 Tax Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a 2001 tax refund to Student Housing Corporation on behalf of Jefferson Commons in the amount of $52,485.73 ($51,123.80 base, plus $1,361.93 interest.) BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. On July 15, 2002, the 16th Judicial District Court granted the plaintiff's (Student Housing Corporation) motion for partial summary judgment. Texas Property Tax Code, Section 42.43b, requires that an exemption which was denied by the chief appraiser or appraisal review board and later granted by the Courts, include interest. The interest is calculated from the delinquency date for the taxes until the date the refund is made at an annual rate of eight percent. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $52,485.73. EXHIBITS Court Order Supplement #14 Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations TEXAS STUDENT HOU~INO ¢OIUPORATION- DIe'TON PKO~CT, DENTON CENTRAL APPRAISAL DISTI~CT end THE APPP~JSAL R~vrR, w BOA.KD FOR THE DP.~NTON CENTRAL APPKAISAL D]~STF,,ICT, § pS THE DISTR2CT COURT ' .§ CAM~ ON ~O~ ~Gon J~e 21, 2002 ~$ Mofiou of P~ T~ S~cnt Hou~g Co~mficn - Denton ~oje~ ('Ph~t~3 ~ ~e Mo~on for $~ Jud~nt of De~t~ Dcntou C~M App~Msal D~t Ke~cw Bo~d fo~ ~c Denton Ccn~ Appr~s~ D~iot (~e~v~y, '~efendan~. DEC~N~D ~t ~djud~t ~ hemb~ e~t~ed for Ph~6ff. 2. Dcfcnd~' Motion for S~ J~nt Pl~n~s ~bJli~ to mcu~r i~ a~mc~' f~s ~d D~ ,I SO ORDEP,~D ~hi$ _ l ~' ~e.y Of.~ ...... RECEIP~ LAND TAXABLE $11,057 TA~ ~4T $ 60612 AGENDA INFORMATION SHEET Item #40 AGENDA DATE: DEPARTMENT: ACM: October 8, 2002 Electric Howard Martin, 349-8232 SUBJECT An ordinance of the City of Denton, Texas amending the Schedule of Electric Rates contained in ordinance No. 2002-267; amending and superseding all prior ordinances which created and dealt with the Denton Municipal Electric EnergySave Program in any manner; adopting a new amended EnergySave Schedule (amended Schedule EP); providing for the expenditure of funds; adopting declarations and findings in the preamble; providing for a repealer; providing for a savings clause; providing for a severability clause; and providing for an effective date. BACKGROUND Under the EnergySave Program Schedule EP effective October 1, 2001, Denton Municipal Electric (DME) provided high-efficiency air conditioner incentives and structure incentives in the form of rebates to residential builders for meeting specific DME structure equirements. The primary objective of this program was to reduce energy demand and consumption as well as promoting energy efficiency. The EnergySave Program was cancelled on January 1, 2002 with the adoption of the International Energy Conservation Code by the City of Denton that surpassed the building standards of the program. The new EnergySave Program exceeds the current building standards and achieves the original objectives of conservation and efficiency. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board approved the EnergySave Program Schedule EP with a vote of 6 to 0 with 1 absent on September 16, 2002. FISCAL INFORMATION Homes built under the EnergySave guidelines can qualify for a $2,000 incentive and existing homes that upgrade existing HVAC systems can quality for up to $700 per unit. FY 2003 budget includes $200,000 in Electric Marketing for rebates and incentives. EXHIBITS 1. Ordinance 2. EnergySave Program Schedule EP 3. PUB Minutes Respectfully submitted: Sharon Mays Director of Electric Utilities Prepared by: Glenn Fisher Assistant Director of Electric Utilities ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN ORDINANCE NO. 2002-267; AMENDING AND SUPERSEDING ALL PRIOR ORDINANCES WHICH CREATED AND DEALT WITH THE DENTON MUNICIPAL ELECTRIC ENERGYSAVE PROGRAM IN ANY MANNER; ADOPTING A NEW AMENDED ENERGYSAVE SCHEDULE (AMENDED SCHEDULE EP); PROVIDING FOR THE EXPENDITURE OF FUNDS; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; PROVDING FOR A REPEALER; PROVDING FOR A SAVINGS CLAUSE; PROVDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 17th day of February, 1998, the City Council first passed and approved Ordinance No. 98-046 which added an EnergySave Program (Schedule EP) to the schedule of electric rates contained in Ordinance No. 97-236; and WHEREAS, thereafter, on several occasions, the City Council passed and approved amended EnergySave Schedules to address various needed revisions brought to its attention by Denton Municipal Electric ("DME"); and WHEREAS, the EnergySave program was in continuous effect from since February 17, 1998 until January 1, 2002, when the EnergySave program was cancelled, with the adoption of the International Energy Conservation Code by an ordinance of the Council, that surpassed the building standards of the program; and WHEREAS, DME staff has continuously and carefully evaluated and assessed the goals, purposes, application, and financial impact of the EnergySave Program, and DME staff has recommended to the City Council, that in order for the City to substantially achieve the goals of the EnergySave Program, that it is necessary and appropriate for the Council to reinstate and amend Schedule EP in its entirety; and WHEREAS, the City Council deems it in the public interest to so reinstate and amend the EnergySave Program as provided for in the attached EnergySave Program (Amended Schedule EP), effective October 1, 2002; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the Schedule of Rates for electric service as provided for in Chapter 26 of the Code of Ordinances of the City of Denton, Texas, in Ordinance No. 2002- , is hereby reinstated and amended by substituting the attached Energy Save Program, Amended Schedule EP, effective October 1, 2002 for the schedule attached thereto; said ordinance is accordingly, hereby amended, all as recited in the preamble to this ordinance, and as set forth particularly in that certain Amended Schedule EP, effective October 1, 2002, attached hereto and incorporated herewith by reference. EXHIBIT 1 SECTION 2: That all of the declarations and findings contained in the preamble to this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. SECTION 3: That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms or provisions contained in Amended Schedule EP hereby enacted by this ordinance, are hereby repealed to the extent of any such conflict. SECTION 4: That the Council hereby authorizes the Assistant City Manager for Utilities to expend designated funds to issue incentives in the form of rebates to DME customers who qualify under the EnergySave Program Guidelines, pursuant to the terms of the Amended Schedule EP, attached hereto, and subject to and pursuant to applicable financial constraints and limitations; as adopted by this ordinance. SECTION 5: 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. SECTION6: That the effective date of this amendment to EnergySave Program (Amended Schedule EP) is effective from and after October 1, 2002; and a copy of said Amended Schedule EP, as amended hereby, shall be maintained on file in the office of the City Secretary. SECTION 7: That except as provided in Section 6 herein, 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 S:\Our Documents\Ordinances\02\DME-EnergySave Program Amendment 2002.doc AMENDED SCHEDULE EP 1Znerow,qnve PrAornm (Effective 10/01/02) Annlieafinn/Prnoram ,qnmmarv The objective of the EnergySave Program ("EnergySave") is primarily to reduce energy demand and consumption, thereby allowing the customers of Denton Municipal Electric ("DME") to save dollars on their utility bills, reducing the peak load of the City of Denton's electric system, and promoting energy efficient heating and cooling. This program presented by DME is offering incentives in the form of rebates to customers. Applicants may qualify for either Option I or Option II, but not both options. The EnergySave Program will be in effect each fiscal year beginning on October 1, until the allotted funding is depleted or until cancellation of the program by DME. At the time the funds are depleted, no additional applications for participation will be accepted until the next fiscal year. Ontinn 1 - lqVAC Rebate Purchase and install high-efficiency air conditioners or heat pumps for existing residential or commercial facilities. Satisfying these requirements will improve a residential structure's heating and cooling systems' operating efficiency. I. Prooram Gnicleline~ A. All installations must be for accounts served by the DME and must meet all applicable national, local, and manufacturers' codes and specifications. B. To qualify for the equipment incentive, the equipment must be a minimum of 14 SEER/EER and must be new when installed. C. All equipment must be purchased. No leased or lease/purchased equipment will qualify for a cash rebate. D. Installations must be made by licensed contractors and/or dealers. E. No rebate will be paid on a partial replacement of an air conditioner. The condensing unit and the evaporator coil must be replaced to qualify for a rebate. F. Requests for payment must be received by DME within thirty (30) days of installation. G. Equipment and installation must be permitted and inspected by the City's Building Inspection Department before final approval for payment is issued. H. The EnergySave Program guidelines and payments are subject to change by DME without prior notice. 1 EXHIBIT 2 I. DME may, at any time, discontinue the EnergySave Program without prior notice. J. Payments shall be credited to the recipients' utility account with DME. II. Genernl Prc~c, ectnree A. Application To qualify, dealer/installer must be registered as an authorized Denton Municipal Electric EnergySave Authorized Dealer/Installer at the time of installation. An application for equipment incentive must be completed and sent to Denton Municipal Electric within sixty (60) days of installation of replacement equipment. Participating dealers have application forms and will complete these forms for the purchaser. It is the purchaser's responsibility to see that the dealer completes the form and submits it to DME. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by Denton Municipal Electric. B. Inspection Installations of central air-conditioning systems must be permitted and will be inspected by the City's Building Inspection Department, and must be approved before rebates will be processed. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by Denton Municipal Electric. C. Payments to Participants Credits will be made to the purchaser of the qualifying replacement equipment. Participating retail equipment dealers will receive a cash payment of $20.00 per unit for the sale of qualifying window units, or qualifying central air conditioning systems, or qualifying heat pumps, to offset their cost for properly filling out the applications for purchasers of retrofit equipment. Dealer/Installer may be denied payment for failure to follow program guidelines such as: failing to supply correct SEER/EER figures; installing equipment which is not new, or failure to fill out rebate forms properly. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by Denton Municipal Electric. III. Pnvmenl ~qched,]le T~vpe of I lnil SEER/EER R nfing lnc, enfive Central Air Conditioning Central Heat Pumps Geothermal Heat Pump Room Air Conditioners Room Heat Pumps 14.0 + $600/unit 14.0 + $700/unit 14.0 + $700/unit 12.0 + $50/unit 12.0 + $50/unit 2 EXHIBIT 2 Ontifln 11 - ~tr,,ct,,re Incentive Structure incentives in the form of rebates to residential builders of single-family residences for meeting specific DME structure requirements. Satisfying these construction requirements will improve a residential structure's heating and cooling systems' operating efficiency. Apartments and multiple unit residential structures will qualify for Option I - air conditioner rebates, but will not qualify for Option II - structure incentive, if they meet the applicable EnergySave Program Guidelines. I. Program Guidelines A. $2,000.00 per qualifying structure is offered to a builder or authorized agent. B. Builder, or authorized agent, must be enrolled in the Denton Municipal Electric EnergySave Program (EnergySave). Each home participating in the EnergySave program must be registered with DME prior to construction and must also comply with the 2000 IECC requirements relating to residential structures. D. A 1.5-ton or above central air conditioner or heat pump having a minimum efficiency rating of 14 SEER, must be installed in the qualifying structure. E. Must install minimum insulation off R49 - ceiling (uniform application) R30 - under- decking R30 - cathedral or vaulted ceiling R30 - floor R13 - wall cavity Insulation should not contact radiant barrier roof decking. F. Exterior glass must meet minimum high-efficiency standards: 0.4 or below - Solar heat-gain coefficient 0.4 or below - U-factor G. Programmable Thermostat - Must be EnergyStar approved H. Radiant Barrier Decking: Must maintain air gap between insulation and decking Acceptable attic ventilation Must have one square inch of ventilation per square foot of attic floor, or rate of air exchange of entire volume of attic air once per minute EXHIBIT 2 Homebuilders must also comply with all the applicable restrictions and guidelines set forth by the international Residential Code (IRC). ii. General Pmc, ednre~ A. Application To qualify for residential structure incentives, a builder/developer or authorized agent must be registered as an authorized Denton Municipal Electric EnergySave Authorized Builder at the time of applying for the building permit. To become a recognized EnergySave builder, applicant must complete and submit a Denton Municipal Electric EnergySave Builder Application form to the Director of Electric Utilities. Applicant must also meet the requirements listed in the iECC and EnergySave guidelines. B. Inspections All buildings and installations of central air-conditioning systems must be permitted and will be inspected by the City's Building inspection Department, and must be approved before rebates will be processed. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by Denton Municipal Electric. New structures will be routinely inspected by the City's Building Inspection Department and will be randomly audited by DME inspectors to insure adherence to the required energy efficient construction specifications. C. Payments to Participants Program participants are responsible for submitting correct information. DME will not issue any additional payment unless the payment was incorrect due to a mistake in processing by a City employee. Builders may be denied payment for failure to follow program guidelines. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by DME. S:\Our Documents\Ordinances\02\DME-Amended Schedule EP 100102.doc 4 EXHIBIT 2 1 2 3 4 5 DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES September 16, 2002 9:00 A.M. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, September 16, 2002 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: George Hopkins, Charldean Newell, Dick Smith, Jim Wilson, Don White and Bill Cheek EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, Assistant City Manager EXCUSED: Dick Norton ITEMS FOR INDIVIDUAL CONSIDERATION: 7) Consider approval of EnergySave Program Amended Schedule EP to provide incentives for energy efficient HVAC systems and home construction. Glenn Fisher, Assistant Director of Electric Utilities, presented this item. He explained that the EnergySave Program was cancelled in January of 2002, due to the adoption of the International Energy Conservation Code by the City of Denton. The new code surpassed the building standards set by the old EnergySave Program. The new Program exceeds the current building standards and encourages builders to achieve the original objectives of conservation and efficiency. Fisher explained that the new program offers structural incentives in the form of a $2,000 rebate on residential buildings, which would include programmable thermostats and increased insulation and promote higher energy efficient air conditioners through rebates for the purchase of efficient air conditioners. Hopkins had a concern regarding equity of a/c tonnage when comparing a 1,000 square foot home and a 5,000 square foot home. Fisher responded that the $2,000 incentive would also include other considerations such as the type of solar efficient windows and the type of insulation. Discussion followed about the need for incentives for the builders and purchasers of low-priced homes, which often are the least energy efficient. Fisher informed the Board that he expects a favorable response to the program and envisions different levels of rebates in the future. EXHIBIT 3 1 2 3 4 5 6 7 8 9 10 11 12 13 White moved to approve the updates for the EnergySave Program, with a second from Board Member Bill Cheek. The motion was approved unanimously with a vote of 6-0. Chaff&an Newell, Chairman Howard Martin, Assistant City Manager/ Utilities Lynn Pedrick, Secretary Item #4P AGENDA INFORMATION SHEET AGENDA DATE: October 8, 2002 DEPARTMENT: Legal CMfDCM/ACM: Herbert L. Prouty, City Attorney .SUBJECT: Consider approval of a resolution authorizing the City of Denton to participate in the coalition of cities on police power/preemption issues. BACKGROUND: Seventeen cities have formed a "Coalition of Cities on Police Power/Preemption Issues" and have hired Clarence A. West, Attorney at Law, in matters concerning proceedings before the Public Utility Commission involving compensation and preemption of municipal police powers as to management of the rights-of-way. OPTIONS 1. The City Council may adopt the resolution and participate in the Coalition of Cities. 2. The City Council may adopt the resolution and suggest amendments; or 3. The City Council may decline to adopt a resolution on this issue and direct staff not to participate in the Coalition of Cities. FISCAL IMPACT City will pay the Consultant a retainer for legal services performed in accordance with hourly billing rates, however, all bills for legal services, including all costs and out-of-pocket expenses shall not exceed Four Thousand Dollars ($4,000.00). Respectfully submitted: Herbert L. Pr~uty City Attorney RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF DENTON TO PARTICIPATE IN THE COALITION OF CITIES ON POLICE POWER/PREEMPTION ISSUES 1N MATTERS CONCERNING PROCEEDINGS BEFORE THE PUBLIC UTILITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, seventeen cities have formed a "Coalition of Cities on Police Power/Preemption Issues" ("Coalition"), and have hired Clarence A. West, Attorney at Law, in matters concerning proceedings before the Public Utility Commission, ("PUC"), involving compensation and preemption of municipal police powers as to management of the rights-of- way; WHEREAS, the municipality of Denton, Texas, (hereinafter called "City") is a regulatory authority having a duty to participate in such proceedings and whose citizens Mil be substantially affected by the orders established as a result of such proceedings; and WHEREAS, The City of Denton has filed written comments in proceedings before the PUC and desires to have further written comments in upcoming proceeding in participation with the Coalition; and WHEREAS, it is in the public interest to join with other cities to review such filing and present evidence as may be appropriate before the Public Utility Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, authorizes Clarence A. West, Attorney at Law to represent the City in matters concerning proceedings before the Public Utility Commission, ("PUC"), involving compensation and preemption of municipal police powers as to management of the rights-of-way as referenced in Exhibit A attached hereto and incorporated by reference herein. SECTION 2. That all of the declarations and the findings contained in the preamble to this resolution are made a part hereof and shall be fully effective as a part of the resolved subject matter of this resolution. SECTION 3. That this resolution 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 Page 2 of 3 CLARENCE A. WEST Counselor and Attorney at Law 1201 RIO GRANDE, SUITE 200 AUSTIN, TEXAS 78701 www. cawestlaw, com Direct Dial: 512.499.8838 Fax: 512.322.0884 cawest~cawestlaw, com September 10, 2002 Mr. Michael A. Conduff City Manager City of Denton 215 East McKinney Denton, Texas 76201 .RECEIVED $£P f 9 2002 CITY OF DENTON LEGAL DEP'~. EXHIBIT A Re: Letter Agreement for Representation concerning proceedings before the Public Utility Commission ("PUC") involving Compensation and Preemption of Municipal Police Powers as to Management of Public rights-of-way; and access line fee payment claim against Verizon Dear Mr. Conduff, This Letter Agreement executed this the l0th day of September, 2002 between the City of Denton, Texas, a municipal corporation ("CITY") and Clarence A. West, Attorney at Law ("CONSULTANT"). This Letter Agreement sets forth the mutual understanding of the parties of the'legal services to be provided CITY by CONSULTANT on the various legal issues that the CITY has concerning the proceedings before the PUC and the access line fee payment claim against Verizon. This Letter Agreement also describes the basis on which CONSULTANT will be paid. CONSULTANT will provide services for CITY as follows: CONSULTANT will represent the CITY, as one of the Cities in the "Coalition of Cities on Police Power/Preemption Issues" ("Cities"), in matters concerning proceedings before the PUC involving compensation and preemption of municipal police powers as to management of the rights-of-way. Prior to CONSULTANT'S representation, the CITY shall pass a resolution authorizing the CITY to join the Cities authorizing CONSULTANT to perform the following services: Monitor and review filings and pleadings before the PUC concerning compensation and preemption of police powers as to management of the public rights-of-way and Chapter 283 of the Local Gov. Code ("HB 1777"). Prepare and file responsive pleadings on behalf of Cities with the PUC on the preemption issue or other HB 1777 related matters. Mr. Michael Conduff 09/10/02 Page 2 of 2 Review and recommend any particular changes or revisions to individual cities regulations or ordinances, to the extent required by the PUC proceedings, Brief city officials by way of email as to the PUC proceedings, or individually, as requested by a City. In addition to the services listed above, CONSULTANT shall perform legal services in connection with the Verizon access line fee claim. As directed and in consultation with the City, CONSULTANT will review the pending access line fee underpayment claim that the City has against Verizon and will verify the proper amount due and recommend to the City a reasonable settlement. If a settlement is reached, CONSULTANT will assist in the documentation of the settlement. The scope of CONSULTANT's services may be changed from time to time by mutual agreement. This Letter Agreement shall commence on the date it is executed, and will be concluded at the time that the scope of services has been completed, unless sooner terminated in accordance with this Letter Agreement. Either party may terminate this agreement at any time, upon ten (10) days prior notice in writing, sent by certified mail, remm receipt requested at the addresses given below: CITY CONSULTANT City of Denton ATTN: Michael A Conduff, City Manager 215 E. McKinney Denton, Texas 76201 Clarence A. West, Attorney 1201 Rio Grande, Suite 200 Austin, Texas 78701 512.499.8838 Fax: 512.322.0884 cawest~cawestlaw.corn CITY will pay the CONSULTANT a retainer for legal services performed in accordance with the hourly billing rates set forth herein provided, however, that all bills for legal services, including all costs and out-of-pocket expenses whatsoever shall not exceed Four Thousand Dollars ($4,000.00) for services performed for CITY. CONSULTANT shall deposit the $4,000.00 into CONSULTANT'S trust account and will bill against it. Any fees remaining at the end of the Letter Agreement shall be returned to CITY. Further, bills shall be subject to review and approval of the City Manager and, if the City Manager so determines, the City Attorney. Consistent with what had been done in the past with the Coalition of Cities, CONSULTANT will maintain a detailed billing memo on all hours worked on matters that are generally applicable to all Cities and bill each City its proportionate equal share of those fees. There are now seventeen (17) cities and Denton would be the 18th. Each City shall receive a detailed billing memo. To the extent any particular City has a unique issue, such as the Verizon claim as detailed above, which is relevant to that City alone and which services have been specifically requested by that City, that City would be billed individually for those services. Mr. Michael Conduff 09/10/02 Page 3 of 3 CONSULTANT'S current hourly billing rate to the Coalition to $260.00 per hour, subject to annual adjustments in the event the proceedings exceed twelve months. Nothing herein shall require CITY to pay for services, which it determines are not within the scope of services set forth herein. In the event CITY terminates CONSULTANT's services, it shall pay for all services satisfactorily performed up to the date CONSULTANT receives the notice of termination. CONSULTANT will start its representation of CITY upon CITY's signing this letter and returning it along with the retainer. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate copies, each of which shall be deemed to be an original of equal force and effect. By executing this Letter Agreement, the parties represent the person signing same has the authority to execute the document in the capacity shown on the document. CITY OF DENTON, TEXAS DATE: MICHAEL A. CONDUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CLARENCE A. WEST DATE: c:ff/[ o/t/g> -~_ Item #5A AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 8, 2002 Police Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider an appeal from Ruby Cole regarding costs imposed for mowing fees in accordance with Section 20-72 of the City of DeNon Code of Ordinances. BACKGROUND This year, on June 10, 2002 Code Enforcement notified Mrs. Cole that the grass on her five properties, specifically 1207 McDonald, 1211 McDonald, 1223 McDonald, 1011 Reed, and 1033 Reed, were over twelve (12) inches high and in violation of City ordinance. The properties were re-inspected on June 17, 2002, and had not been mowed. A certified letter (the final notice for the mowing season) was mailed to Mrs. Cole on June 20, 2002. The properties were re- inspected on June 24, 2002, after Mrs. Cole notified us that her contractor had mowed. On July 23, 2002, the properties were again found to be out of compliance. On August 7, 2002, the Code Enforcemem Section submitted a work order to the City's comractor to mow five (5) properties, specifically 1207 McDonald, 1211 McDonald, 1223 McDonald, 1011 Reed, and 1033 Reed, owned by Ruby Cole. The comractor performed the services on August 8, 2002. On August 23, 2002, an invoice was mailed to Mrs. Cole detailing administrative charges in the amoum of $80.00 and mowing charges in the amoum of $40.00 for each property. Section 20-72(g) of the Code of Ordinances provides for an appeal of costs imposed for the mowing of high grass and weeds to the City Council. It states: Within fifteen (15) days of the date the statemem of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the city council by filing a written statement with the city manager or his designee, stating why the charges are unreasonable. The appeal shall be submitted to the city council for its review within a reasonable time after filing. If the council finds the charges unreasonable, it shall assess the costs as it deems reasonable. The administrative charge shall not be appealable. Mrs. Cole submitted a letter of appeal (attached) of the charges and City staff received the letter on September 13, 2002. In her letter, she states that she has tried to keep her property mowed and that her contractor arrived at the properties and found the City's contractor was already mowing. However, Code Enforcement records show that four of these properties have had high grass and weeds in violation of City ordinance every year since 1999. Each year, Code Enforcement has been forced to notify Mrs. Cole of these violations and employ some form of enforcement, varying from verbal to written notification to gain compliance. Mrs. Cole's appeal alleges that the total fees of $600.00 is too high because the properties are adjacent to one another and the land totals less than an acre. However, the mowing fees total only $200.00. Administrative fees make up the remaining $400.00. The current mowing contract provides for a $40.00 charge for parcels of land under 10,000 square feet such as those properties owned by Mrs. Cole. OPTIONS 1. The Council can deem the mowing fees reasonable. 2. The Council can deem the mowing fees unreasonable and assess the costs as it deems reasonable. RECOMMENDATION Staff recommends that the fees be deemed reasonable. Mrs. Cole was given ample opportunity to mow the properties prior to the City employing it's contractor to mow the properties. Mrs. Cole has repeatedly demonstrated an inability to maintain these properties in compliance with the City ordinance regulating grass and weeds. PRIOR ACTION/REVIEW None FISCAL IMPACT The only fiscal impact that will occur if the fees are reduced or waived will result in a loss of revenue up to $200.00. EXHIBITS Photographs of Cole Property Letter from Ruby Cole Respectfully submitted, Prepared by: Joanie Housewright, Captain Support Services Division Charles Wiley, Chief of Police I,LI I'-,. I'-,. CO CO CO CO P. O. Box 1743 Denton, Texas 76202 September 6, 2002 Denton City Council Municipal Building 215 E. McKinney Street Denton, Texas 76202 Council Members: I am writing you regarding the enclosed statements I received from Code Enforcemem dated August 23, 2002, and postmarked August 26,2002. On the day that my property was mowed, my contractor came and told me that he went to mow the property, and someone was already mowh~g it. I checked with the Code Enforcement Officer, and she informed me that she contracted it out. I have tried throughout the years to keep my property cut in a timely fashion. This property is five lots right together, and I feel that Six- Hundred Dollars ($600.00) Is an excessive amount for lots abutting each other and less than an acre, Therefore I am appealing to you for some rel/ef regarding this matter. Thanking you in advance for your kindness and cooperation. ,~.erely, Ruby Col~ c.c. Code Enforcement Division