HomeMy WebLinkAboutJuly 15, 2003 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
July 15, 2003
After determining that a quorum is presem, the City Council of the City of DeNon, Texas will
convene in a Work Session on Tuesday, July 15, 2003 at 5:00 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 July 15, 2003.
Following the completion of the Work Session, the City 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
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the Texas Governmem Code, as amended, as set forth below.
1. Closed Meeting:
Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with the City Attorney - Under TEXAS
GOVERNMENT CODE Section 551.071.
Deliberate the value and lease of real property interests at the Denton
Municipal Airport pertaining to an Airport Lease Agreement between the
City and Ezell Aviation including an amendmem thereto and partial
assignmem thereof; and receipt of legal advice from the City Attorney on
a matter in which his professional responsibility to the City Council
requires private legal consultation.
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071.
Discuss, deliberate and consult with the City's attorneys contemplated
litigation involving the contract with Harrison Quality Construction Inc.
for the construction of the DeNon Public Library North Branch (Bid #
2819) along with any related contracts or contract documents and discuss
various issues related to these contracts and other documents involving the
North Branch Library where to discuss these issues and matters in public
would conflict with the attorneys' duties and professional responsibilities
under the Texas Disciplinary Rules of Professional Conduct.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
MEETING iN ACCORDANCE WiTH THE PROViSiONS OF §551.086 OF THE TEXAS
GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CiTY COUNCIL
City of DeNon City Council Agenda
July 15, 2003
Page 2
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §§551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
Regular Meeting of the City of DeNon City Council on Tuesday, July 15, 2003 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
mo
U.S. Flag
Texas Flag
"Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
mo
Proclamations/Awards
1. Choice Homes Presentation
B. July Yard-of-the-Month Awards
Co
Resolutions of Appreciation
1. Consider approval of a Resolution of Appreciation for Ida Bonaparte.
D. Recognition of staff accomplishments
3. CITIZEN REPORTS
A. Receive citizen reports from the following:
Willie Hudspeth regarding concerns of Southeast Denton.
Bob Clifton regarding the City of Denton Inspections Department.
Brian Sutherland regarding light pollution in Township II due to Racetrac
on Dallas Drive.
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 Consem 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 Consem Agenda (Agenda Items A-Y). This listing is provided on the Consem Agenda to
City of Demon City Council Agenda
July 15, 2003
Page 3
allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda.
If no items are pulled, Consent Agenda Items A-Y below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
mo
Consider approval of a resolution approving the fiscal year 2004 Financial Plan of
the Denco Area 9-1-1 District; pursuant to the Texas Health and Safety Code,
Chapter 772, as amended; and providing an effective date.
Bo
Consider approval of a resolution of the City of Demon, Texas, approving the
2004 Budget of the Denton Central Appraisal District; and declaring an effective
date.
Co
Consider approval of tax refunds for the following property taxes:
A. Lone Star Title, Inc
Overpaymem 2002 $907.06
Do
Consider adoption of an ordinance of the City of Demon, Texas, authorizing the
Mayor to execute an Interlocal Cooperation Agreement by and between the City
of Denton, Texas and the University of North Texas pertaining to the use of and
upgrade to Denia Park; and providing an effective date.
mo
Consider approval of a resolution of the City of Demon, Texas, approving the
Convemion and Visitor Bureau Program Year 2003 revised budget; and providing
an effective date.
Fo
Consider adoption of an ordinance of the City of Demon, Texas, authorizing an
agreemem between the City of Demon, Texas and the Boys and Girls Club of
Denton County providing support for at-risk youth; providing for the expenditure
of funds therefor; and providing for an effective date.
Go
Consider adoption of an ordinance of the City of Demon, Texas, authorizing an
agreement between the City of Denton, Texas and the Denton Festival Foundation
for supplemental funding for the Arts and Jazz Committee for the Denton Arts
and Jazz Festival; providing for the expenditure of funds therefor; and providing
for an effective date.
Ho
Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of automatic external defibrillators; providing for
the expenditure of funds therefor; and providing an effective date (Bid 2963 -
Automatic External Defibrillators awarded to Cardiac Science, Inc. in the amount
of $42,375).
Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of printer and plotter cartridges and parts;
providing for the expenditure of funds therefor; and providing an effective date
City of DeNon City Council Agenda
July 15, 2003
Page 4
(Bid 3027 - Printer and Plotter Cartridges and Parts awarded to CVR Computer
Supplies in the estimated amoum of $65,904.80).
Jo
Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of PVC electrical fittings and accessories;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3038 - PVC Electrical Fittings and Accessories awarded to Stuart C. irby
Co. in the estimated amoum of $243,565.35).
Ko
Consider adoption of an ordinance authorizing the City Manager or his designee
to execute Change Order 4 to the contract between the City of Denton and Texas
Electric Utility Construction, inc.; providing for the expenditure of funds therefor;
and providing an effective date (Bid 2840 - Hwy 380 Water and Sewer
Relocation Change Order Four in the amoum of $103,422.13).
Lo
Consider adoption of an ordinance authorizing the City Manager to execute
Change Order Number One to the contract between the City of Denton and Xerox
Corporation; providing for the expenditure of funds therefor; and providing an
effective date (Ordinance No. 2001-077; Purchase Order 13131 to Xerox
Corporation for the lease of a Xerox 2060 Digital Press in the amount of
$706,852.20 plus $.0731 per color copy and $.0307 per black and white copy for
each copy over 60,000 per momh and File 3051 - Change Order Number One in
the deduct amoum of $123,553.20 for a total amoum of $583,299).
Mo
Consider adoption of an ordinance providing for the expenditure of funds for the
emergency purchase of contract work and equipment to repair storm damage to
DME equipment located on Bonnie Brae Street in accordance with provisions of
State Law exempting such purchases from requirements of competitive bidding;
and providing an effective date (File 3049 - Additional Emergency Services for
Bonnie Brae Power Outage awarded to Garland Power and Light in the amount of
$30,024.66).
No
Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the Cooper Creek Lift Station;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3011 - Cooper Creek Lift Station awarded to Can-Fer Construction
Company, inc. in the amoum of $1,225,259.25).
Oo
Consider adoption of an ordinance awarding a comract for the lease of services,
software, hardware, and annual maintenance for the installation and support of
Xerox DocuPrint 92C Network Printing system as awarded by the State of Texas
Building and Procuremem Commission through the Qualified information Service
Vendor (QiSV) Catalogue Program; providing for the expenditure of funds
therefor; and providing an effective date (File 3050 - Lease of Xerox DocuPrim
92C Network Printing System awarded to Xerox Corporation in the total 60
momh lease amoum of $274,869.60).
City of DeNon City Council Agenda
July 15, 2003
Page 5
Po
Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of temporary employment services to process EMS
billing for the City of DeNon Fire Departmem; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3037 - Temporary
Employmem Services for EMS Billing awarded to Triangle Temporaries, Inc. in
the estimated amoum of $20,000).
Qo
Consider adoption of an ordinance of the City of DeNon, Texas, approving a
lease agreement between the City of Denton, Texas and the Denton Soccer
Association pertaining to the construction, operation and use of a new building at
the North Lakes Park soccer complex; and providing an effective date.
Ro
Consider approval of a resolution allowing Taco Cabana Restauram to be the sole
participant allowed to sell alcoholic beverages at the Fuego Y Alma Event on
September 27, 2003, upon certain conditions; authorizing the City Manager or his
designee to execute an agreemem in conformity with this resolution; and
providing for an effective date.
S. Consider approval of the minutes of June 3, 10 and 17, 2003.
To
Consider a request for an exception to the Noise Ordinance for the purpose of the
Apollo Nights Concert Series on Sunday, July 20, 2003; Sunday, August 3, 2003;
and Sunday, August 17, 2003 at Fred Moore Park, from 6:00 p.m. to 10:00 p.m.
The requestor is specifically asking for an exception to all for live music on
Sunday.
Uo
Consider adoption of an ordinance of the City of DeNon, Texas approving an
amendment to an airport lease between the City of Denton and Ezell Aviation,
Incorporated and a partial assignment to George Dalton; and providing an
effective date.
go
Consider the adoption of an ordinance of the City of DeNon, Texas approving an
Encroachmem Agreemem between the City of DeNon and the City of Corimh,
which permits the City of Denton to locate a water re-use pipeline in a portion of
State School Road under the jurisdiction of the City of Corimh; located in the
Levi Young Survey, Abstract Number 1451, and the Berry Merchant Survey,
Abstract Number 800, in the City of Corinth, Denton County, Texas; authorizing
the expenditure of funds therefor; and providing an effective date.
Wo
Consider adoption of an ordinance authorizing the City Manager, or his designee,
to execute an Interlocal Agreement between the City of Denton, the University of
North Texas and McDonald Transit Associates, Inc. to provide for motor carrier
passenger service for UNT studems, staff and faculty; and providing for an
effective date.
Xo
Consider adoption of an ordinance authorizing the extension of an Interlocal
Agreemem between the City of DeNon and the University of North Texas dated
City of Demon City Council Agenda
July 15, 2003
Page 6
November 5, 2002 to provide for motor carrier passenger service for UNT
studems, staff and faculty; and providing for an effective date.
Yo
Consider approval of a resolution of the City of Demon, Texas adopting the City
of Denton's 2003 State Legislative Program for the 78th First Called Legislative
Session; providing a repealer; and providing an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
mo
Consider adoption of an ordinance on first reading, establishing the extension of
the cable television franchise between the City of Demon and Charter
Communications; providing a severability clause; and providing an effective date.
Bo
New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
Co
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Do
Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
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Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Demon, Texas, on the day of ,2003 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.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
July 15, 2003
Fiscal and Municipal Services
Kathy DuBose, Assistam City Manager, Fiscal and Municipal Services
SUBJECT
Consider a resolution approving the fiscal year 2004 Financial Plan of the Denco Area 9-1-1
District, pursuant to the Texas Health and Safety Code, Chapter 772, as amended; and
providing an effective date.
BACKGROUND
On June 10, 2003 the City of Demon received a memo from Mike Pedigo, Executive Director
of the Denco Area 9-1-1 District, requesting we review their "Draft" fiscal year 2004 Financial
Plan.
The Texas Health and Safety Code require emergency communication districts to submit the
draft budget to its participating jurisdictions for a 45-day review and commem period.
For your review, a copy of the "Draft" Financial Plan is attached to the Resolution.
FISCAL INFORMATION
There are no costs to the City of Denton directly associated with the approval of the Denco
Area 9-1-1 District's Financial Plan.
EXHIBITS
Memo from Mike Pedigo
Resolution
"Draft" Financial Plan
Respectfully submitted:
Kathy DuBose
Assistam City Manager, Fiscal and Municipal Services
DENCO AREA 9-1-1 DISTRICT
P.O. Box 293058, Lewisville, Texas 75029-3058
Phone/T-I'Y: 972-221-0911 · FAX: 972-420-0709 · Webpage: www. denco.org
To:
Denco Area 911 District Participating Jurisdictions
Date: June 6, 2003
Subject: Denco Area 911 District Fiscal Year 2004 Financial Plan
Enclosed is a copy of the "Draft" Denco Area 9-1-1 District Fiscal Year 2004
Financial Plan for your jurisdiction's review and comment. The Texas Health and
Safety Code require emergency communication districts to submit the draft
bU~lget to its participating jurisdictions for a 45-day review and comment period.
After the review and comment period, the district's board of managers adopts a
budget for the next fiscal year. A copy of the statute and approval policy is
included in Section 5 of the draft plan.
At its June 5, 2003 regular meeting, the Denco Area 9-1-1 District Board of
Managers unanimously apProved the enclosed financial plan for fiscal year 2004.
The district requests that your jurisdiction review the fiscal year 2004 proposed
budget and submit comments to the Denco board prior to July 31,2003. At its
regular meeting on August 7, 2003, the Denco board will consider approving the
Denco Area 9-1-1 District Fiscal Year 2004 Financial Plan. At that time the
board will consider responses on the draft budget.
If the district does not receive a response from individual jurisdictions, it will
consider, according to statute, that those jurisdictions Support the draft budget.
Please fax responses to (972) 420-0709 or mail them to P.O. Box 293058,
Lewisville, Texas 75029-3058.
If you need additional information or have any questions, please do not hesitate
to call me at (972) 221-0911.
Thanks for your continued support of the Denco Area 9-1-1 District.
Mike Pedigo
Executive Director
Enclosure
1075 Princeton Street, Lewisville, Texas 75067
S:Our Documalts Resolutions 03 911 budget doc
RESOLUTION NO.
A RESOLUTION APPROVING THE FISCAL YEAR 2004 FINANCIAL PLAN (BUDGET)
OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEXAS HEALTH & SAFETY
CODE §772.309 AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton has been presented the 2004 Draft
Financial Plan (Budget) of the Denco Area 9-1-1 District for approval, in accordance with Tex.
Health & Safety Code §772.309 (Vernon 1999) as amended; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council of the City of Denton hereby approves the 2004
Fiscal Year Draft Financial Plan (Budget) of the Denco Area 9-1-1 District attached to this
Resolution.
SECTION 2. That this Resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
__ day of _, 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
DENCO AREA 9~ 1 - 1 DISTRICT
FISCAL YEAR 2004
DRAFT
FINANCIAL PLAN
DENCO AREA 9-1-1 DISTRICT
FISCAL YEAR 2004
FINANCIAL PLAN
DENCO AREA 9-1-1 DISTRICT
FISCAL YEAR 2004
FINANCIAL PLAN
SECTION 1
PREFACE
O DENCO AREA 9-1-1 DISTRICT
P.O. Box 293058, gewisville, Texas 75029-3058
Phone/TTY: 972-221-0911 · FAX: 972-420-0709 · Web Page:ww.denco.org
To: Denco Area 911 District Participating Jurisdictions
Date: June 5, 2003
Subject:
Denco Area 911 District Fiscal Year 2003 Financial Plan
The Denco Area 9-1-1 District's Board of Managers, at its June 5, 2003 regular meeting, approved the
"Draft" Denco Area 9-1-1 District Fiscal Year 2004 Financial Plan and authorized district staff to forward it
to all participating jurisdictions for consideration.
Fiscal year 2003 has been a very productive year for the Denco Area 9-1-1 District. Major
accomplishments during the fiscal year includes the following:
· The district replaced its entire 9-1-1 network and database systems with more effective and
efficient systems. Included were the installation of three controller switches that provide for better
call distribution as well as better network diversity and redundancy. The district also moved its
wireless and wireline database systems to a more modern platform that also provides for better
dependability.
· The district also helped lead the state and nation with the deployment of Phase II Enhanced 9-1-1
Wireless Services. Phase II provides telecommunicators with a close proximity location of 9-1-1
callers using wireless (cellular) telephones. Denco has been preparing for this deployment since
1997. The technology has already proven to be effective in assisting call takers locate wireless
9-1-1 callers during emergency situations.
· District staff also participated in the negotiations of agreements with both wireless and landline
carriers that provide financial stability for all emergency communication districts in Texas.
Even though the fiscal year 2003 financial plan includes a deficit budget of over $1,000,000, the district's
financial position continues to remain sound. Denco has planned for the expenditures associated with the
deployment of the new systems and used reserve equipment and network dollars to fund the projects.
The enclosed 2004 financial plan provides for additional enhancements to the current network that will
minimize outages during a potential disaster event. It also provides for the funding of additional public
education programs relating to the deployment of Phase II services, additional training opportunities for
telecommunicators, enhancement of map data and for the fine-tuning of the new systems.
The Denco Area 9-1-1 District is here to serve its member jurisdictions. The district's mission is "to assist
its member jurisdictions respond to police, fire and medical emergency calls by providing an efficient,
effective enhanced 9-1-1 emergency telecommunications system". Denco continues to provide more
services each year at the same service fee rate since its beginning in 1987.
Please call on any board member or the district staff if you have any comments or questions concerning
this proposed budget. The district's executive director, Mike Pedigo, would welcome the opportunity to
make a presentation to your governing body regarding this budget or any other Denco related matter.
Again, thanks for your support of the Denco Area 9-1-1 District.
Jack Miller
Chairman, Board of Managers
1075 Princeton Street, Lewisville, Texas 75067
O DENCO AREA 9-1-1 DISTRICT
P.O. Box 293058, gewisville, Texas 75029-3058
Phone/TTY: 972-221-0911 · FAX: 972-420-0709 · Web Page:ww.denco.org
To:
Denco Area 911 District Participating Jurisdictions
Date: June 5, 2003
Subject:
Denco Area 911 District Fiscal Year 2004 Financial Plan
Enclosed is a "draft" copy of the Denco Area 9-1-1 District Fiscal Year 2004 Financial Plan for your jurisdiction's
consideration. Chapter 772.300, Texas Health and Safety Code, requires emergency communication districts to
send a draft budget to participating jurisdictions seeking comments. After a 45-day review and comment period, the
district's board of managers will consider approval of a final budget.
Denco's draft financial plan provides for the continued provision of state-of-the-art enhanced 9-1-1 services at the
same rate that Denco has collected from district residents since its inception in 1987. The emergency service fee,
collected by the telephone service providers is $0.27 per month for residential, $0.71 per month for business service
and $1.13 per month for PBX trunks. This fee is equal to three percent of the 1987 base telephone rate. Denco
continues to provide excellent services to its member jurisdictions at one of the lowest rates in the state. In addition
to the emergency service fee collected by local telephone service providers, the State of Texas collects $0.50 per
month per wireless telephone. Those fees are remitted to the state. The state then sends a portion of the wireless
fund to Denco based on the district's percent of the total population of Texas.
The 76th Texas Legislature passed House Bill 1984 which defined the budget approval process for Chapter 772.300
series emergency communication districts. The following documents are included in Section 5, the Appendix of this
financial plan, defining the budget approval process:
· A copy of the Denco Area 9-1-1 District Mission, Values and Goals Statement.
· A copy of the section in House Bill 1984 that pertains to budget approval.
· A copy of a resolution approved by the Denco Area 9-1-1 District Board of Managers defining procedures
for consideration and approval of a budget.
· A copy of Texas Health and Safety Code, Chapter 772.300; the statute under which Denco operates.
Even though it is not required for your governing body to vote on the budget, Denco requests that you review the
budget and provide feedback prior to the August 7, 2003 district board of managers' meeting. At that time the board
will approve a final budget for fiscal year 2004, which begins October 1, 2003. If there are no changes from the
draft budget, the district will notify its members that the budget is approved. If there are any changes, the district
will request each jurisdiction to approve the final budget and a copy of that budget will be sent to the governing
bodies of participating jurisdictions for consideration.
If, at any time, you have any questions or would like additional information, please do not hesitate to call me at
(972) 221-0911.
Thanks for your continued support of the Denco Area 9-1-1 District.
Mike Pedigo
Executive Director
1075 Princeton Street, Lewisville, Texas 75067
DENCO AREA 9-1-1 DISTRICT
FISCAL YEAR 2004
FINANCIAL PLAN
SECTION 2
DISTRICT OVERVIEW
DENCO AREA 9-1-1 DISTRICT
DISTRICT OVERVIEW
Backqround Information
What is E9-1-17
Enhanced Nine-One-One (E9-1-1) is a single, easy-to-remember number used when
reporting emergencies to fire, police and emergency medical service providers. The
E9-1-1 system, operational in the Denco Area 9-1-1 District, is designed to
automatically route any 9-1-1 call, placed from a telephone instrument (including
wireless) within the district's geographical boundaries, to the proper public safety
answering point (PSAP) responsible for dispatching emergency services to the caller.
9-1-1 Terminology
9-1-1. Nine-one-one. An easy-to-remember, easy-to-dial three-digit emergency
telephone number developed to provide citizens a reliable, fast and convenient way
to access fire, police, or medical service providers in the event of an emergency.
District. Denco Area 9-1-1 District. The entity that provides enhanced 9-1-1 service
in Denton County. A board of managers appointed by participating jurisdictions
governs the district. The district serves Denton County and that portion of Carrollton
in Dallas County.
E9-1-1. Enhanced 9-1-1. The system that is operational in Denton County
providing SR, ANI and ALI (defined below).
GIS. Geographic Information Systems. The technology used to develop the
mapped display of Denton County.
PSAP. Public Safety Answering Point. The location of the equipment used to
answer 9-1-1 emergency calls. The following are the twelve (12) PSAPs that are
currently capable of answering 9-1-1 calls in the Denco Area 9-1-1 District:
City of Carrollton Police Department
City of Denton Police Department
Denton County Sheriff's Office
Town of Flower Mound Police Department
City of Highland Village Police Department
City of Roanoke Police Department
City of Lake Dallas Police Department
City of Lewisville Police Department
City of The Colony Police Department
University of North Texas Police Department
Texas Woman's University Police Department
Denco Backup and Training PSAP
SR. Selective Routing. The system that provides automatic routing of 9-1-1 calls
based on the caller's location to the appropriate PSAP. The caller is not required to
determine which public safety agency to call.
ANI. Automatic Number Identification. The feature that provides the caller's
telephone number on a console at the PSAP.
ALI. Automatic Location Identification. The feature that provides the caller's name
and address on a computer monitor at the PSAP.
Database. The information accompanying a 9-1-1 call at the PSAP. The
information provided is the caller's name, address and telephone number, as well
as the emergency service providers designated to respond to the caller's address.
Public Safety Telecommunicator. The individual answering the 9-1-1 calls; trained
to communicate with persons seeking emergency assistance and with agencies and
individuals providing such assistance.
Phase I. The Federal Communication Commission (FCC) mandate to the wireless
telephone industry and 9-1-1 requiring the proper routing of wireless 9-1-1 calls to
PSAPs and the provision of the callers' ANI to the telecommunicators.
Phase II. The feature that provides the approximate geographic location of wireless
callers, in addition to the FCC's Phase I enhancements.
IWS. Integrated Workstation. The computerized 9-1-1 answering equipment
provided by Denco. The equipment has the capacity to include dispatcher tools in
addition to the 9-1-1 function, such as computer-aided dispatch, paging, mapping,
etc. Denco has 52 integrated workstations at its 12 PSAPS.
Benefits of E9-1-1
The E9-1-1 system has enhanced the ability of emergency service providers to save
the lives and property of citizens in the Denco Area 9-1-1 District. Some of the direct
benefits of the emergency communications system provided by Denco are the
following:
· Only one three-digit number to remember in an emergency situation.
· The 9-1-1 call is routed to the proper agency responsible for dispatching help to
the caller.
· Trained telecommunicators answer 9-1-1 calls. (In the Denco Area 9-1-1 District,
telecommunicators are trained to provide emergency medical dispatch, thus
reducing response time for medical emergencies.)
· Telecommunicators have the equipment and training necessary to communicate
with hearing/speech impaired callers.
· The caller's name, address and telephone number, as well as the proper fire,
police and emergency medical service designated to respond to the caller's
address, is automatically provided to the telecommunicator, thus reducing total
response time. In the event the caller is unable to speak, the telecommunicator
has the ability to dispatch help to the caller's location that is provided by the
E9-1-1 system.
· ANI/ALI information provides a means to control and reduce prank calls.
· The public education programs associated with E9-1-1 promote citizen
awareness and involvement with emergency service providers.
· The E9-1-1 system enhances local government's ability to meet the ever-growing
public expectation of emergency services created by popular television
programming.
· The E9-1-1 system is designed to allow PSAPs the ability to directly transfer a
caller to another public safety agency or poison control center.
· The E9-1-1 system will identify calls from wireless phones, advising the
telecommunicator to ask proper questions to determine the location of the
emergency. Phase I provides the caller's telephone number so that the
telecommunicator has the ability to reconnect if the call is terminated. Phase II
provides additional location information to telecommunicators.
· The system has the ability to identify telephone companies serving 9-1-1 callers,
thus streamlining the process for reconciling routing and database errors.
Structure of the Denco Area 9-1-1 District
Legislation
During its 1985 legislative session, the 69th Texas Legislature passed Article 1432e
(Section 772, Texas Health and Safety Code), Emergency Telephone Number Act,
which provided for the creation, administration, expansion, funding and dissolution of
emergency communication districts in certain counties in Texas. The Emergency
Telephone Number Act is the legislation under which the Denco Area 9-1-1 District
operates.
Purpose
Section 772.302, Texas Health and Safety Code states the purpose of the Act to be the
following:
To establish the number 9-1-1 as the primary emergency telephone number for use
by certain local governments in this state and to encourage units of local
governments and combinations of those units of local government to develop and
improve emergency communication procedures and facilities in a manner that will
make possible the quick response to any person calling the telephone number 9-1-1
seeking police, fire, medical, rescue and other emergency services.
Creation of Denco Area 9-1-1 District
On August 8, 1987, Denton County held a special election to confirm the creation of the
Emergency Communication District of Denton County and authorize a 9-1-1 emergency
service fee, not to exceed three (3%) percent of the base rate of the principal service
supplier per service year per month, to be charged by the district for the purpose of
establishing E9-1-1 in Denton County. By a margin of 13,086 to 3,024, the voters
favored the creation of the emergency communication district. After the special
election, the city and county governing bodies within Denton County passed resolutions
of participation. The resolutions stated that the city or county would become a
participating jurisdiction in the district pursuant to the provisions of the Emergency
Telephone Number Act.
The participating jurisdictions of the district are the following:
Argyle Hackberry
Aubrey Hebron
Bartonville Hickory Creek
Carrollton Highland Village
Clark Justin
Copper Canyon Krugerville
Corinth Krum
Corral City Lake Dallas
Cross Roads Lakewood Village
Denton Lewisville
Double Oak Lincoln Park
Flower Mound Unincorporated Denton County
Little Elm
Marshall Creek
Northlake
Oak Point
Pilot Point
Ponder
Roanoke
Sanger
Shady Shores
The Colony
Trophy Club
On December 8, 1987, the district's board of managers ordered the levy and collection
of the emergency fee to commence with the January 1988 billing cycle. The board
ordered the service fee, collected by the telephone companies, to be charged at a rate
of three (3%) percent of the base rate of GTE Southwest. The emergency service fee
for basic levels of telephone service charged to customers in the district was capped at
$.27 for residential customers, $.71 for business customers and $1.13 for trunks. (The
same cap remains in effect today.) On June 28, 1988, the board of managers named
the Emergency Communications District of Denton County, Denco Area 9-1-1 District.
The board of managers is the governing body for the Denco
Area 9-1-1 District. The county, participating cities and the Denton County Fire
Chiefs Association appoint the board. The current board of managers is made up of
the following members:
Structure
Board of Manaqers.
Board Member
Mr. Jack Miller, Chairman
Mayor Olive Stephens, Vice Chairman
Mr. Harlan Jefferson, Secretary
Mr. Lewis Jue
Chief Bruce Varner
Mr. Melvin Willis
Represents
Denton County Commissioners Court
Participating Cities
Participating Cities
Denton County Commissioners Court
Fire Chiefs Association
Verizon, Advisory
Board members serve staggered two-year terms and are eligible for reappointment.
The Emergency Telephone Number Act states "the board shall manage, control and
administer the district. The board may adopt rules for the operation of the district."
The legislation also allows the board to appoint a director of communications for the
district who serves as its general manager. The director, with approval from the
board, provides for the service necessary to carry out the purposes of the Emergency
Telephone Number Act.
The Denco Area 9-1-1 District's staff is responsible for performing all the duties that
may be required for the district to accomplish its mission within the framework
provided by the board. The "Draft" Denco Area 9-1-1 District Fiscal Year 2004
Financial Plan provides for eleven full time staff members that provide the planning,
operations and maintenance functions for the district. The organizational structure of
the district includes three direct service program areas that serve the 9-1-1 PSAPs
and emergency service providers within the district. Included in the organizational
chart are names of staff members in each program area.
Boardof
Managers
Mike Pedigo
Executive
Director
Carla Flowers
Business Manager
9-1-1 Systems
Manager
Patty Cross
Public Education/
Training
Manager
Sandy Arnesen
Public Education/
Training
Secretary
Clint Cranford
9-1-1 Systems
Technician
David Connel
Information Systems
Manager
!i
Kandy Jones
Information Systems
Secretary
Roger Rose
GIS
Coordinator
Dianna Orender
GPS Field
Technician
Vanessa Feagins
Rural Addressing
Specialist
Mission, Values and Goals
Mission
The Denco Area 9-1-1 District has defined as its mission'
The mission of the Denco Area 9-1-1 District is to assist its member jurisdictions
respond to police, fire and medical emergency calls by providing an efficient, effective
enhanced 9-1-1 emergency telecommunications system.
Values
The Denco Area 9-1-1 District pledges to uphold the following values:
Value 1: Control of district operations is the responsibility of member
jurisdictions and the board of managers.
Value 2: The district will provide the most reliable, efficient, cost-effective
and proven state-of-the-art technologies available at the lowest
service fee rate possible.
Goals
The Denco Area 9-1-1 District has the following goals that support its endeavor to carry out its
mission.
Goal 1:
Goal 2:
Goal 3:
Goal 4:
Goal 5:
Goal 6:
To provide the policy, direction and control mechanisms necessary
to assure that the Denco Area 9-1-1 District accomplishes its
mission within the financial resources provided.
To manage the Denco Area 9-1-1 District in an objective, efficient,
effective and responsive manner.
To increase public awareness of 9-1-1 issues and promote the
proper use of the 9-1-1 system.
To provide training programs which enable Public Safety Answering
Point (PSAP) personnel to effectively use the 9-1-1 system.
To provide and maintain a dependable, state-of-the-art enhanced
9-1-1 network.
To assure that PSAPs have the most accurate, reliable and
useable data at all times.
DENCO AREA 9-1-1 DISTRICT
FISCAL YEAR 2004
FINANCIAL PLAN
SECTION 3
FINANCIAL PLAN SUMMARY
SUMMARY OF COST CLASSIFICATIONS
DENCO AREA 9-1-1 DISTRICT
FISCAL YEAR 2004 FINANCIAL PLAN SUMMARY
Strategic Overview
Fiscal Year 2003
During the current fiscal year, the Denco Area 9-1-1 District implemented the most
significant technological changes to its emergency communication system in Denton
County since the initial deployment of enhanced 9-1-1 services in August 1990. Denco
completed the first phase of building a 9-1-1 system that is more robust and
dependable, using modern technology. Included in the deployment of new systems are
the following:
· Denco purchased and installed two new ECS 1000 PSAP Controllers. The
controllers are the switches that process the 9-1-1 calls throughout the district.
The two new controllers were placed at strategic locations and a third, existing
controller, was moved to a back-up site. The district was able to better balance
the call volume on the two switches and provide the platform for the installation of
the equipment necessary to re-route 9-1-1 calls to another ECS 1000 in the
event of a system failure.
· The district replaced its entire network with more efficient, effective technology.
The more than 350 new circuits are more diversely routed and have more
redundancy, therefore providing more reliability.
· Denco also consolidated its wireless and wireline enhanced 9-1-1 databases into
one distributed database platform. The new platform has duplicate network
connectivity and hardware located in different states. The system also has the
ability to access data from other databases housing 9-1-1 data.
Another significant technical accomplishment in 2003 was the deployment of Phase II
Enhanced Wireless 9-1-1 service. Phase II provides the approximate location of a
wireless telephone used to call 9-1-1. The district has been preparing for the
implementation of Phase II since 1997 with the development and deployment of its GIS
mapping systems. Denco was one of the first 9-1-1 administrative entities in the nation
to complete the deployment of Phase II. Already, telecommunicators are using the
technology to help locate 9-1-1 callers.
Denco also participated as a member of a negotiating team representing emergency
communication districts across Texas. The cost recovery team successfully negotiated
five-year agreements with wireless carriers and SBC for the recovery of costs
associated with the deployment of Phase II enhanced 9-1-1 wireless services.
Fiscal Year 2003 has not only been technologically significant with the deployment of
new systems and enhancements to wireless services, it has also been financially
significant in that the current budget is estimated to end with a $1,103,379 deficit. The
deficit funds have been set-aside for several years to be used for the upgrade to its
systems and the deployment of Phase II technology. Even though the reserve funds
have been significantly reduced, the district continues to maintain adequate reserve
funds to remain financially stable as it plans for the future. Denco has no intention of
raising the service fee rate in the foreseeable future.
Fiscal Year 2004
After the significant investment in the deployment of new systems and Phase ii technology in
fiscal year 2003, Denco plans to dedicate the majority of its financial and staff resources in 2004
to the fine-tuning of existing systems. The following are a few of the objectives that the Denco
Area 9-1-1 District plans to accomplish next fiscal year:
· Install additional equipment and network that will allow district staff to re-route 9-1-1
calls to other equipment in the event of a system failure.
· Enhance the interoperability between the Denco Area 9-1-1 District's emergency
communications systems and those of surrounding jurisdictions.
· Evaluate future options for selective routing and database services.
· inform the public about the availability of Phase ii enhanced wireless services and the
need to purchase equipment capable of providing telecommunicators with location
information.
· Increase district presence at community fairs and events.
· introduce new 9-1-1 for Kids character, Cell Phone Sally, to pre-school and school-age
children.
· Provide refresher training to telecommunicators and introduce the new tools provided by
Denco that will assist them in providing the best service available.
· Develop and provide classes required for intermediate TCLEOSE certification.
· Update and correct GiS data, based on input from member jurisdictions and
discrepancies found in audit.
· Review and update administrative policies and procedures.
Expenditures in the proposed Denco Area 9-1-1 Fiscal Year 2004 Financial Plan are estimated to
be 70 percent or $1,165,273 of the current budget. Following is a financial overview that
provides specific information regarding the proposed budget.
Financial Overview
Revenue Hiqhli,qhts
Fiscal year 2003 is the first year that 9-1-1 service fee revenue for the Denco Area 9-1-1 District
is expected to be below the amount that was anticipated in the financial plan. The district
expects total revenue for 2003 to be approximately $87,000 or three percent below the amount
forecasted. Expenditures were adjusted to accommodate the decline in revenue.
The district has planned for a decrease in total revenue for fiscal year 2004. In the past three
years, Denco received refunds from vendors for services that were cancelled for various reasons
prior to the termination date. Fiscal year 2004 does not include any refunds.
Projected revenues in 2004 are anticipated to change by the following percentages as compared
to the estimated revenue for 2003:
· Total service fee revenue is anticipated to increase by 2.06 percent. Wireline service fee
revenue is expected to decrease by 2.43 percent, which is offset by an estimated increase
in wireless service fee revenue of 7.0 percent.
· Interest revenue is anticipated to decline by 60 percent due primarily to low interest rates
and the decrease in reserve funds.
· Contract service revenue is not expected to change. Denco has a contract with Denton
County for addressing services.
· Miscellaneous revenue is proposed to be zero. The district received a refund of $53,000
for unused services in 2003.
Expenditure Hi,qhli,qhts
As stated already, the proposed expenditures in the district's 2004 budget are 70 percent of the
current year's budget. Many of the line items are proposed to remain the same or decrease.
Specific expenditures by budget category include the following:
· Total personnel costs are proposed to increase by $22,074 or 2.65 percent. Included in
the increase is a salary adjustment for five of the district's eleven staff members. This
adjustment moves the employee within the existing salary range for that job category.
The remaining staff members will not receive increases in salaries. Other changes in
personnel include an increase in the cost for health insurance benefits.
· Total operations costs are proposed to decrease by $7,023 or 5 percent.
· Total direct service expenditures are proposed to decrease by 43 percent.
· The 2004 budget includes an increase in its capital reserve of $90,155.
DENCO AREA 9-1-1 DISTRICT
SUMMARY OF COST CLASIFICATIONS
Personnel Expenditures
Includes staff salary, deferred compensation, health care and retirement benefits. Also included
are costs for state unemployment tax and employer's contribution to Medicare.
Operations Expenditures
Includes the costs associated with the business operations of the Denco Area 9-1-1 District.
Communications
Includes telecommunication, printing/publishing and postage/shipping costs necessary for the
district to disseminate information.
Expendable Supplies
Includes the cost of routine expendable office supplies and commercially available software.
Supplies also include the costs associated with service awards.
Contract Services
Includes the cost of legal fees, independent audit, Insurance, advertising and other contract
services such as equipment and software support for district equipment.
Building Services
Includes the cost of utilities, building services, maintenance and repair expense for the office and
training facility owned by district.
Memberships/Subscriptions
Includes individual and organizational memberships to professional organizations such as
National Emergency Number Association (NENA), Association of Public Safety
Communications Officials-International (APCO), and American Society for Training and
Development (ASTD). Includes subscriptions to newspapers, periodicals, information services,
technical support publications and the purchase or rental of books, videos and recordings.
Professional Development
Includes board and staff training and ongoing professional development through technical
training classes, seminars, conferences and symposiums.
Travel
Includes out of district travel costs such as, but not limited to mileage reimbursement, airfare,
food, lodging, local transportation, parking, telephone, etc. when such costs are reasonable and
when they are incurred in conjunction with board and authorized staff travel out of the district.
Also included is reimbursement for the use of personal vehicles on official business within the
district.
Furniture and Equipment
Includes the purchase of the necessary furniture and fixtures as well as office equipment
necessary for the ongoing operations of the Denco Area 9-1-1 District.
Direct Service Expenditures
Includes all non-recurring and recurring costs attributed directly to the operations, maintenance,
equipment, network and database required for the provision of 9-1-1 services. Also included
are direct costs for information system services, public education and training for
telecommunicators.
9-1-1 Systems
Includes operations, service and direct maintenance costs required for Denco to maintain the 9-1-
1 systems. Also included are non-recurring and monthly recurring costs for network and
database services, language interpretation and other recurring services.
Information Systems
Includes operations, service and direct maintenance costs required to develop and distribute 9-1-
1 GIS and other database information to public safety answering points and emergency response
agencies. Included are costs for aerial photography files and the service and maintenance of
hardware and software required to provide the data.
Public Education/Training
Public Education includes operating costs required for the development, purchase and
distribution of public information and education materials for special focus groups and district at
large. Also includes costs for special functions such as National Telecommunicator Week
recognition and 9-1-1 Day activities.
Training expenditures include cost for materials, instructors, registration, etc.; associated with
meeting the training needs of 9-1-1 call takers. Also included are direct costs required for Denco
to sponsor telecommunicators from across the district to the State of Texas annual awards and
appreciation activities and recipients of the Dr. Allen Groff Emergency Medical Dispatch (EMD)
Scholarship to the national EMD conference.
Capital Recovery Reserve Fund
Includes the reserve funds set aside for the replacement of 9-1-1 equipment and the purchase of
enhanced services.
DENCO AREA 9-1-1 DISTRICT
FISCAL YEAR 2004
FINANCIAL PLAN
SECTION 4
ANITCIPATED REVENUES
PROPOSED EXPENDITURES
DENCO AREA 911 DISTRICT FINANCIAL PLAN
FiSCal r 200~
Anticipated Revenues
9-1-1 Service Fee Revenue
Interest Revenue
Contract Services Revenue
Miscellaneous Revenue (Expense)
Total Anticipated Revenues
$2,678,317 97.57%
$5,650 0.21%
$61,044 2.22%
$o 0.00%
$2,745,011 100.00%
Proposed Expenditures
Personnel
Operations
Direct Services
Capital Recovery Reserve
$855,345 31.16%
$132,240 4.82%
$1,667,272 60.74%
$90,155 3.28%
Total Proposed Expenditures $2,745,011 100.00%
DENCO AREA 911 DISTRICT FINANCIAL PLAN
Service Fee Revenue
Verizon
SBC
Sprint
CenturyTel
Other Local Exchange Carriers (CLECs)
Private Switch Service Fees
Telephone Company Administrative Charges
Telephone Company Uncollectible Charges
Telephone Company Adjustments
Net Wireline Service Fee Revenue
Wireless Service Fee Revenue
Total Service Fee Revenue
$832 613
$154 928
$32 055
$51 25O
$293 207
$6 ooo
($12,741)
($1,644)
($13,701)
$1,341,967
$1,336,350
$2,678,317
30.33%
5.64%
1.17%
1.87%
10.68%
0.22%
-0.46%
-0.06%
-0.50%
48.89%
48.68%
97.57%
Non Service Fee Revenue
Interest Revenue
Contract Service Revenue
Miscellaneous Revenue (Expenses)
Total Non Service Fee Revenue
$5,650
$61,044
$66,694
0.21%
2.22%
0.00%
2.43%
Total Revenue $2,745,011 100.00%
DENCO AREA 911 DISTRICT FINANCIAL PLAN
Personnel Expenditures
Salaries
Benefits
Operations Expenditures
Communications
Supplies
Contract Services
Building Services
Memberships/Subscriptions
Professional Development
Travel
Furniture and Equipment
Direct Service Expenditures
9-1-1 Systems
Operations
Network and Database Services
PSAP and Maintenance Equipment
Information Systems
Operations
Public Education/Training
Operations
Public Education Services
Training Services
Capital Recovery Reserve
Total
Total
Total
$628,601 22.90%
$226,744 8.26%
$855,345 31.16%
$16 939
$10 000
$42 766
$33 955
$1 530
$5 O5O
$2O 5OO
$1 500
$132,240
$88,131
$1,282,041
$101,500
$103,735
$23,615
$32,25O
$36,000
$1,667,272
$90,155
0.62%
0.36%
1.56%
1.24%
0.06%
0.18%
0.75%
0.05%
4.82%
3.21%
46.70%
3.70%
3.78%
0.86%
1.17%
1.31%
60.74%
3.28%
$2,745,011 100.00%
Denco Area 9-1-1 District Financial Plan
Beginning of Year Fund Balance $1,430,983 $327,604 $417,759 $650,496 $351,750 $516,728
Revenue
Net Service Fee Revenue $2,624,328 $2,678,317 $2,731,882 $2,786,521 $2,842,251 $2,899,096
Interest Revenue $14,178 $5,650 $4,10£ $4,10C $4,100 $4,100
Contract Services Revenue $61,044 $61,044 $61,044 $61,044 $61,044 $61,044
Miscellaneous Revenue (Expense) $53,11 C $O $~ $~3 $O $O
TotalRevenue $2,752,66fl $2,745,011 $2,797,02J $2,851,665 $2,907,395 $2,964,240
Expenditures
Personnel $777,351 $855,345 $900,14£ $950,813 $1,006,142 $1,066,723
Operations $120,036 $132,240 $137,605 $144,767 $152,365 $160,429
Direct Services $2,958,652 $1,667,272 $1,526,545 $2,054,831 $1,583,910 $1,613,811
TotalExpenditures $3,856,039 $2,654,856 $2,564,291 $3,150,411 $2,742,417 $2,840,963
Increase (Decrease) In Capital Recovery
Reserve ($1,103,379) $90,155 $232,73J ($298,746) $164,979 $123,278
End of Year Fund Balance $327.604 $417.759 $650.496 $351.750 $516.728 $640.006
DENCO AREA 9-1-1 DISTRICT
FISCAL YEAR 2004
FINANCIAL PLAN
SECTION 5
APPENDIX
MISSION STATEMENT
HB 1984
RESOLUTIONS
DISTRICT LEGISLATION
DENCO AREA 9-1-1 DISTRICT
Mission, Values and Goals Statement
Mission
The mission of the Denco Area 9-1-1 District is to assist its member jurisdictions
respond to police, fire and medical emergency calls by providing an efficient, effective
enhanced 9-1-1 emergency telecommunications system.
Values
The Denco Area 9-1-1 District pledges to uphold the following values:
Value 1:
Control of district operations is the responsibility of member jurisdictions and the
board of managers.
Value 2:
The district will provide the most reliable, efficient, cost-effective and proven
state-of-the-art technologies available at the lowest service fee rate possible.
Goals
The Denco Area 9-1-1 District has the following goals that support its endeavor to carry out its
mission.
Goal 1:
To provide the policy, direction and control mechanisms necessary to assure that
the Denco Area 9-1-1 District accomplishes its mission within the financial
resources provided.
Goal 2:
To manage the Denco Area 9-1-1 District in an objective, efficient, effective and
responsive manner.
Goal 3:
To increase public awareness of 9-1-1 issues and promote the proper use of the
9-1-1 system.
Goal 4:
Goal 5:
Goal 6:
To provide training programs which enable Public Safety Answering Point
(PSAP) personnel to effectively use the 9-1-1 system.
To provide and maintain a dependable, state-of-the-art enhanced 9-1-1 network.
To assure that PSAPs have the most accurate, reliable and useable data at all
times.
H.B. No. 1984
AN ACT
relating to the consolidation of emergency communication districts and to the approval
of proposed budgets of certain emergency communication districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 771.001(3), Health and Safety Code, is amended to read as
follows:
(3) "Emergency communication district" means:
(A) a public agency or group of public agencies acting jointly that
provided 9-1-1 service before September 1, 1987, or that had voted or contracted
before that date to provide that service; or
(B) a district created under Subchapter B, C, [e~] D, or F, Chapter
772.
SECTION 2. Sections 772.309(b), (c), and (d), Health and Safety Code, are
amended to read as follows:
(b) The board shall submit a draft of the proposed budqet to the governing bodies of
the participating jurisdictions not later than the 45th day before the date the board
adopts the budget. The participating jurisdictions shall review the proposed budqet and
submit any comments regarding the budget to the board.
(c) If the .qovernin.q body of a county, municipality, or other participating jurisdiction
does not approve or disapprove the budget before the 61 st day after the date the body
received the proposed bud,qet for review, the bud.qet is approved by operation of law.
(d) A revision of the budget must be approved in the same manner as the budget.
(e) [(c--)] As soon as practicable after the end of each district fiscal year, the director
shall prepare and present to the board and to each participating jurisdiction in writing a
sworn statement of all money received by the district and how the money was used
during the preceding fiscal year. The report must show in detail the operations of the
district for the fiscal year covered by the report.
(f) [(<~L)] The board shall have an independent financial audit of the district performed
annually.
DENCO AREA 9-1-1 DISTRICT
RESOLUTION
DEFINING THE DENCO AREA 9-1-1 DISTRICT BUDGET APPROVAL POLICY
WHEREAS, the Denco Area 9-1-1 District was created under Texas Health and Safety Code
and the voters of Denton County to design, implement and operate a 9-1-1 system for all
participating jurisdictions; and
WHEREAS, the Board of Managers is appointed by participating jurisdictions to manage,
control and administer the district; and
WHEREAS, under the direction of the Board of Managers, the executive director prepares an
annual budget that must be approved by the board, the commissioners court and the majority of
participating cities; NOW,
THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF
MANAGERS THAT:
1. The Denco Area 9-1-1 District approved budget shall include specific revenue and
expenditure projections by department. Budget departments as defined in district's
annual audit include service fee revenue, interest revenue and miscellaneous
revenue. Expenditure departments include personnel services, operations, direct
services, capital outlay and debt service. The board, at its discretion, may add or
delete budget departments.
2. The executive director shall submit to the Board of Managers requests for
amendments, revisions or modifications to the district's annual budget that require an
increase in any budget department's expenditures in excess of five percent of the
total department budget. Any increase of expenditures in excess of the approved
department budget, up to five percent, shall be offset by a decrease of an equal
amount in another department budget.
3. Without limiting the Board of Managers authority under Section 772, Texas Health
and Safety Code, the Board of Managers may approve amendments, revisions or
modifications to the District's annual budget as deemed reasonable and necessary
as long as such budget amendments, revisions or modifications do not require that
the total expenditures budgeted exceed the amount previously approved and
adopted by the Board of Managers, the Denton County Commissioners Court and
the majority of participating cities' governing bodies.
APPROVED and ADOPTED on this 6th day of April 2000.
Chairman, Board of Managers
Secretary, Board of Managers
DENCO AREA 9-1-1 DISTRICT
RESOLUTION
DEFINING PROCEDURES FOR CONSIDERATION AND APPOVAL OF A BUDGET
WHEREAS, Sections 772.309(b)&(c), Texas Health and Safety Code have been amended by the
Texas Legislature to specify certain procedures for the consideration and approval of a budget by the
Board and governing bodies of participating jurisdictions.
NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF
MANAGERS:
The Board's procedures for consideration and approval of a budget shall include the
following:
1. Not later than the 45th day before the Board adopts a budget, the Executive Director on
behalf of the Board will submit a draft of the proposed budget to each of the governing
bodies of the participating jurisdictions. In a transmittal letter accompanying the draft of
the proposed budget, the Executive Director will include a statement requesting that the
governing bodies of each of the participating jurisdictions review the draft of the
proposed budget and submit any comments to the Board prior to or on the date the budget
is scheduled for consideration and adoption by the Board.
2. Once the Board adopts the budget, the Executive Director on behalf of the Board will
within three days either 1) send a letter to each of the governing bodies of the
participating jurisdictions stating that the Board adopted the proposed budget without any
changes or 2) send a copy of the budget adopted by the Board and include in a letter the
differences between the proposed and adopted budget. In the letter to the governing
bodies of the participating jurisdictions, the Executive Director will include a statement
requesting approval of the Board's adopted budget by the governing bodies of
participating jurisdictions within sixty days of receipt.
APPROVED and ADOPTED on this 2nd day of December 1999.
Chairman, Board of Managers
Secretary, Board of Managers
SUBCHAPTER D. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH
POPULATION OVER 20,000
§ 772.301. Short Title
This subchapter may be cited as the Emergency Telephone Number Act.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.302. Purpose
It is the purpose of this subchapter to establish the number 9-1-1 as the primary
emergency telephone number for use by certain local governments in this state and to
encourage units of local government and combinations of those units to develop and
improve emergency communication procedures and facilities in a manner that will make
possible the quick response to any person calling the telephone number 9-1-1 seeking
police, fire, medical, rescue, and other emergency services. To this purpose the
legislature finds that:
(1) it is in the public interest to shorten the time required for a citizen to request and
receive emergency aid;
(2) there exist thousands of different emergency telephone numbers throughout the
state, and telephone exchange boundaries and central office service areas do not
necessarily correspond to public safety and political boundaries;
(3) a dominant part of the state's population is located in rapidly expanding
metropolitan areas that generally cross the boundary lines of local jurisdictions and
often extend into two or more counties; and
(4) provision of a single, primary three-digit emergency number through which
emergency services can be quickly and efficiently obtained would provide a significant
contribution to law enforcement and other public safety efforts by making it less difficult
to notify public safety personnel quickly.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.303. Definitions
In this subchapter:
(1) "Board" means the board of managers of a district.
(2) "Director" means the director of communication for a district.
(3) "District" means an emergency communication district created under this
subchapter.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.304. Application of Subchapter
(a) This subchapter applies only to a county with a population of more than 20,000 or
to a group of two or more contiguous counties each with a population of 20,000 or more
in which an emergency communication district was created under Chapter 288, Acts of
the 69th Legislature, Regular Session, 1985, before January 1, 1988, or to a public
agency or group of public agencies that withdraws from participation in a regional plan
under Section 771.058(d).
(b) This subchapter does not affect the authority of a public agency to operate under
another law authorizing the creation of a district in which 9-1-1 service is provided.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 1405, § 32, eff. Sept. 1, 1999.
§ 772.305. Additional Territory
(a) If a municipality that is part of a district annexes territory that is not part of the
district, the annexed territory becomes part of the district.
(b) A public agency located in whole or part in a county adjoining the district, by
resolution adopted by its governing body and approved by the board of the district, may
become part of the district and subject to its benefits and requirements.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.306. Board of Managers
(a) A district is governed by a board of managers.
(b) If the most populous municipality in the district has a population of more than
140,000, the board consists of:
(1) one member for each county in the district appointed by the commissioners court
of each county;
(2) two members appointed by the governing body of the most populous municipality
in the district;
(3) one member appointed by the governing body of the second most populous
municipality in the district;
(4) one member appointed as provided by this section to represent the other
municipalities located in whole or part in the district; and
(5) one member appointed by the principal service supplier.
(c) If Subsection (b) does not apply to a district, the board consists of:
(1) the following members representing the county or counties in the district:
(A) if the district contains only one county, two members appointed by the
commissioners court of the county;
(B) if the district originally contained only one county but contains more than one
county when the appointment is made, two members appointed by the commissioners
court of the county in which the district was originally located, and one member
appointed by the commissioners court of each other county in the district; or
(C) if the district originally contained more than one county and the district contains
more than one county when the appointment is made, one member appointed by the
commissioners court of each county in the district;
(2) two members appointed jointly by all the participating municipalities located in
whole or part in the district;
(3) one
or partly in
marshal or
member appointed jointly by the volunteer fire departments operating wholly
the district, with the appointment process coordinated by the county fire
marshals of the county or counties in the district; and
(4) one member appointed by the principal service supplier.
(d) The board member appointed by the principal service supplier is a nonvoting
member. If the board is appointed under Subsection (c), the principal service supplier
may waive its right to appoint the board member and designate another service supplier
serving all or part of the district to make the appointment.
(e) The board member appointed under Subsection (b)(4) is appointed by the
mayor's council established to administer urban development block grant funds, if one
exists in the district. Otherwise, the member is appointed by the other members of the
board on the advice and recommendation of the governing bodies of all the
municipalities represented by the member.
(f) The initial board members appointed by municipalities under Subsection (c)(2) are
appointed by all the municipalities located in whole or part in the district.
(g) Board members are appointed for staggered terms of two years, with as near as
possible to one-half of the members' terms expiring each year.
(h) A board member may be removed from office at will by the entity that appointed
the member.
(i) A vacancy on the board shall be filled for the remainder of the term in the manner
provided for the original appointment to that position.
(j) Board members serve without compensation. The district shall pay all expenses
necessarily incurred by the board in performing its functions under this subchapter.
(k) The board may appoint from among its membership a presiding officer and any
other officers it considers necessary.
(I) The director or a board member may be appointed as secretary of the board. The
board shall require the secretary to keep suitable records of all proceedings of each
board meeting. After each meeting the presiding officer at the meeting shall read and
sign the record and the secretary shall attest the record.
(m) Voting members of the board may meet in executive session in accordance with
Chapter 551, Government Code.
(n) A majority of the voting members of the board constitutes a quorum.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(82), eft. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 638, § 15, eft. Sept. 1, 1995.
§ 772.307. Powers and Duties of Board
(a) The board shall control and manage the district.
(b) The board may adopt rules for the operation of the district.
(c) The board may contract with any public or private entity to carry out the purposes
of this subchapter, including the operation of a 9-1-1 system.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.308. Director of District
(a) The board shall appoint a director of communication for the district and shall
establish the director's compensation. The director must be qualified by training and
experience for the position.
(b) The board may remove the director at any time.
(c) With the board's approval, the director may employ any experts, employees, or
consultants that the director considers necessary to carry out the purposes of this
subchapter.
(d) The director shall perform all duties that the board requires and shall supervise
as general manager the operations of the district subject to any limitations prescribed by
the board.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.309. Budget; Annual Report; Audit
(a) The director shall prepare under the direction of the board an annual budget for
the district. To be effective, the budget must:
(1) be approved by the board;
(2) be presented to and approved by the commissioners court of each county in the
district;
(3) be presented to and approved by the governing body of the most populous
municipality in the district, if that municipality has a population of more than 140,000;
and
(4) be presented to the governing body of each other participating jurisdiction and
approved by a majority of those jurisdictions.
(b) The board shall submit a draft of the proposed budget to the governing bodies of
the participating jurisdictions not later than the 45th day before the date the board
adopts the budget. The participating jurisdictions shall review the proposed budget and
submit any comments regarding the budget to the board.
(c) If the governing body of a county, municipality, or other participating jurisdiction
does not approve or disapprove the budget before the 61 st day after the date the body
received the proposed budget for review, the budget is approved by operation of law.
(d) A revision of the budget must be approved in the same manner as the budget.
(e) As soon as practicable after the end of each district fiscal year, the director shall
prepare and present to the board and to each participating jurisdiction in writing a sworn
statement of all money received by the district and how the money was used during the
preceding fiscal year. The report must show in detail the operations of the district for the
fiscal year covered by the report.
(f) The board shall have an independent financial audit of the district performed
annually.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 1406, § 2, eft. Aug. 30, 1999.
§ 772.310. Establishment of 9-1-1 Service
(a) A district shall provide 9-1-1 service to each participating jurisdiction through one
or a combination of the following methods and features:
(1) the transfer method;
(2) the relay method;
(3) the dispatch method;
(4) automatic number identification;
(5) automatic location identification;
(6) selective routing; or
(7) any equivalent method.
(b) A district shall provide 9-1-1 service using one or both of the following plans:
(1) the district may design, implement, and operate a 9-1-1 system for each
participating jurisdiction with the consent of the jurisdiction; or
(2) the district may design, implement, and operate a 9-1-1 system for two or more
participating jurisdictions with the consent of each of those jurisdictions if a joint
operation would be more economically feasible than separate systems for each
jurisdiction.
(c) Under either plan authorized by Subsection (b), the final plans for the particular
system must have the approval of each participating jurisdiction covered by the system.
(d) The district shall recommend minimum standards for a 9-1-1 system.
(e) A service supplier involved in providing 9-1-1 service, a manufacturer of
equipment used in providing 9-1-1 service, or an officer or employee of a service
supplier involved in providing 9-1-1 service is not liable for any claim, damage, or loss
arising from the provision of 9-1-1 service unless the act or omission proximately
causing the claim, damage, or loss constitutes gross negligence, recklessness, or
intentional misconduct.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 638, § 16, eft. Sept. 1, 1995.
§ 772.311. Primary Emergency Telephone Number
The digits 9-1-1 are the primary emergency telephone number in a district. A public
safety agency whose services are available through a 9-1-1 system may maintain a
separate number or numbers for emergencies and shall maintain a separate number or
numbers for nonemergency telephone calls.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.312. Transmitting Requests For Emergency Aid
(a) A 9-1-1 system established under this subchapter must be capable of
transmitting requests for fire-fighting, law enforcement, ambulance, and medical
services to a public safety agency or agencies that provide the requested service at the
place from which the call originates. A 9-1-1 system may also provide for transmitting
requests for other emergency services such as poison control, suicide prevention, and
civil defense.
(b) A public safety answering point may transmit emergency response requests to
private safety entities.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.313. Powers of District
(a) The district is a body corporate and politic, exercising public and essential
governmental functions and having all the powers necessary or convenient to carry out
the purposes and provisions of this subchapter, including the capacity to sue or be
sued.
(b) To fund the district, the district may apply for, accept, and receive federal, state,
county, or municipal funds and private funds and may spend those funds for the
purposes of this subchapter. The board shall determine the method and sources of
funding for the district.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.314. 9-1-1 Emergency Service Fee
(a) The board may impose a 9-1-1 emergency service fee on service users in the
district.
(b) The fee may be imposed only on the base rate charge or its equivalent, excluding
charges for coin-operated telephone equipment. The fee may not be imposed on more
than 100 local exchange access lines or their equivalent for a single business entity at a
single location, unless the lines are used by residents of the location. The fee may also
not be imposed on any line that the Advisory Commission on State Emergency
Communications excluded from the definition of a local exchange access line or an
equivalent local exchange access line pursuant to Section 771.063. If a business
service user provides residential facilities, each line that terminates at a residential unit
and that is a communication link equivalent to a residential local exchange access line
shall be charged the 9-1-1 emergency service fee. The fee must have uniform
application and must be imposed in each participating jurisdiction.
(c) The rate of the fee may not exceed six percent of the monthly base rate in a
service year charged a service user by the principal service supplier in the participating
jurisdiction. For purposes of this subsection, the jurisdiction of the county is the
unincorporated area of the county.
(d) The board shall set the amount of the fee each year as part of the annual budget.
The board shall notify each service supplier of a change in the amount of the fee not
later than the 91 st day before the date the change takes effect.
(e) In imposing the fee, the board shall attempt to match the district's revenues to its
operating expenditures and to provide reasonable reserves for contingencies and for
the purchase and installation of 9-1-1 emergency service equipment. If the revenue
generated by the fee exceeds the amount of money needed to fund the district, the
board by resolution shall reduce the rate of the fee to an amount adequate to fund the
district or suspend the imposition of the fee. If the board suspends the imposition of the
fee, the board by resolution may reinstitute the fee if money generated by the district is
not adequate to fund the district.
(f) In a public agency whose governing body at a later date votes to receive 9-1-1
service from the district, the fee is imposed beginning on the date specified by the
board. The board may charge the incoming agency an additional amount of money to
cover the initial cost of providing 9-1-1 service to that agency. The fee authorized to be
charged in a district applies to new territory added to the district when the territory
becomes part of the district.
(g) For the purposes of this section, the jurisdiction of the county is the
unincorporated area of the county.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, § 14, eft. Aug. 30, 1993; Acts 1999, 76th
Leg., ch. 1203, § 5, eft. June 18, 1999.
§ 772.315. Collection of Fee
(a) Each billed service user is liable for the fee imposed under Section 772.314 until
the fee is paid to the service supplier. The fee must be added to and stated separately
in the service user's bill from the service supplier. The service supplier shall collect the
fee at the same time as the service charge to the service user in accordance with the
regular billing practice of the service supplier. A business service user that provides
residential facilities and owns or leases a publicly or privately owned telephone switch
used to provide telephone service to facility residents shall collect the 9-1-1 emergency
service fee and transmit the fees monthly to the district.
(b) The amount collected by a service supplier from the fee is due monthly. The
service supplier shall remit the amount collected in a calendar month to the district not
later than the 60th day after the last day of the calendar month. With each payment the
service supplier shall file a return in a form prescribed by the board.
(c) Both a service supplier and a business service user under Subsection (a) shall
maintain records of the amount of fees it collects for at least two years after the date of
collection. The board may require at the board's expense an annual audit of a service
supplier's books and records or the books and records of a business service user
described by Subsection (a) with respect to the collection and remittance of the fees.
(d) A business service user that does not collect and remit the 9-1-1 emergency
service fee as required is subject to a civil cause of action under Subsection (g). A
sworn affidavit by the district specifying the unremitted fees is prima facie evidence that
the fees were not remitted and of the amount of the unremitted fees.
(e) A service supplier is entitled to retain an administrative fee from the amount of
fees it collects. The amount of the administrative fee is two percent of the amount of
fees it collects under this section.
(f) A service supplier is not required to take any legal action to enforce the collection
of the 9-1-1 emergency service fee. However, the service supplier shall provide the
district with an annual certificate of delinquency that includes the amount of all
delinquent fees and the name and address of each nonpaying service user. The
certificate of delinquency is prima facie evidence that a fee included in the certificate is
delinquent. A service user account is considered delinquent if the fee is not paid to the
service supplier before the 31 st day after the payment due date stated on the user's bill
from the service supplier.
(g) The district may institute legal proceedings to collect fees not paid and may
establish internal collection procedures and recover the cost of collection from the
nonpaying service user. If the district prevails in legal proceedings instituted to collect a
fee, the court may award the district court costs, attorney's fees, and interest in addition
to other amounts recovered. A delinquent fee accrues interest at an annual rate of 12
percent beginning on the date the payment becomes due.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, § 15, eft. Aug. 30, 1993; Acts 1995, 74th
Leg., ch. 638, § 17, eft. Sept. 1, 1995.
§ 772.316. District Depository
(a) The board shall select a depository for the district in the manner provided by law
for the selection of a county depository.
(b) A depository selected by the board is the district's depository for two years after
the date of its selection and until a successor depository is selected and qualified.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.317. Allowable Expenses
Allowable operating expenses of a district include all costs attributable to designing a
9-1-1 system and to all equipment and personnel necessary to establish and operate a
public safety answering point and other related answering points that the board
considers necessary.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.318. Number and Location Identification
(a) As part of computerized 9-1-1 service, a service supplier shall furnish current
telephone numbers of subscribers and the addresses associated with the numbers on a
call-by-call basis.
(b) A business service user that provides residential facilities and owns or leases a
publicly or privately owned telephone switch used to provide telephone service to facility
residents shall provide to those residential end users the same level of 9-1-1 service
that a service supplier is required to provide under Subsection (a) to other residential
end users in the district.
(c) Information furnished under this section is confidential and is not available for
public inspection.
(d) A service supplier or business service user under Subsection (b) is not liable to a
person who uses a 9-1-1 system created under this subchapter for the release to the
district of the information specified in Subsections (a) and (b).
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 936, § 16, eft. Aug. 30, 1993; Acts 1995, 74th
Leg., ch. 638, § 18, eft. Sept. 1, 1995.
§ 772.319. Public Review
(a) Periodically, the board shall solicit public comments and hold a public review
hearing on the continuation of the district and the 9-1-1 emergency service fee. The
first hearing shall be held three years after the date the order certifying the creation of
the district is filed with the county clerks. Subsequent hearings shall be held three years
after the date each order required by Subsection (d) is adopted.
(b) The board shall publish notice of the time and place of the hearing once a week
for two consecutive weeks in a daily newspaper of general circulation published in the
district. The first notice must be published not later than the 16th day before the date set
for the hearing.
(c) At the hearing, the board shall also solicit comments on the participation of the
district in the applicable regional plan for 9-1-1 service under Chapter 771. After the
hearing, the board may choose to participate in the regional plan as provided by that
chapter.
(d) After the hearing, the board shall adopt an order on the continuation or
dissolution of the district and the 9-1-1 emergency service fee.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.320. Dissolution Procedures
(a) If a district is dissolved, 9-1-1 service must be discontinued on the date of the
dissolution. The commissioners court of the county in which the district was located or, if
the district contains more than one county, the commissioners courts of those counties
acting jointly, shall assume the assets of the district and pay the district's debts. If the
district's assets are insufficient to retire all existing debts of the district on the date of
dissolution, the commissioners court or courts acting jointly shall continue to impose the
9-1-1 service fee, and each service supplier shall continue to collect the fee for the
commissioners court or courts. Proceeds from the imposition of the fee after dissolution
of the district may be used only to retire the outstanding debts of the district.
(b) The commissioners court or courts shall retire the district's debts to the extent
practicable according to the terms of the instruments creating the debts and the terms of
the orders and resolutions authorizing creation of the debts.
(c) The commissioners court or courts by order may adopt the rules necessary to
administer this section.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.321. Issuance of Bonds
The board may issue and sell bonds in the name of the district to finance:
(1) the acquisition by any method of facilities, equipment, or supplies necessary for
the district to begin providing 9-1-1 service to all participating jurisdictions; and
(2) the installation of equipment necessary for the district to begin providing 9-1-1
service to all participating jurisdictions.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.322. Repayment of Bonds
The board may provide for the payment of the principal of and interest on the bonds
by pledging all or any part of the district's revenues from the 9-1-1 emergency service
fee or from other sources.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.323. Additional Security for Bonds
(a) The bonds may be additionally secured by a deed of trust or mortgage lien on
part or all of the physical properties of the district and the rights appurtenant to those
properties, vesting in the trustee power to sell the properties for payment of the
indebtedness, power to operate the properties, and all other powers necessary for the
further security of the bonds.
(b) The trust indenture, regardless of the existence of the deed of trust or mortgage
lien on the properties, may include provisions prescribed by the board for the security of
the bonds and the preservation of the trust estate and may make provisions for
investment of funds of the district.
(c) A purchaser under a sale under the deed of trust or mortgage lien is the absolute
owner of the properties and rights purchased and may maintain and operate them.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.324. Form of Bonds
(a) A district may issue its bonds in various series or issues.
(b) Bonds may mature serially or otherwise not more than 25 years after their date of
issue and shall bear interest at any rate permitted by state law.
(c) A district's bonds and interest coupons, if any, are investment securities under the
terms of Chapter 8, Business & Commerce Code, may be issued registrable as to
principal or as to both principal and interest, and may be made redeemable before
maturity, at the option of the district, or contain a mandatory redemption provision.
(d) A district may issue its bonds in the form, denominations, and manner and under
the terms, and the bonds shall be signed and executed, as provided by the board in the
resolution or order authorizing their issuance.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.325. Provisions of Bonds
(a) In the orders or resolutions authorizing the issuance of bonds, including refunding
bonds, the board may provide for the flow of funds and the establishment and
maintenance of the interest and sinking fund, the reserve fund, and other funds and
may make additional covenants with respect to the bonds, the pledge revenues, and the
operation and maintenance of any facilities the revenue of which is pledged.
(b) The orders or resolutions of the board authorizing the issuance of bonds may
also prohibit the further issuance of bonds or other obligations payable from the pledged
revenue or may reserve the right to issue additional bonds to be secured by a pledge of
and payable from the revenue on a parity with or subordinate to the lien and pledge in
support of the bonds being issued.
(c) The orders or resolutions of the board issuing bonds may contain other provisions
and covenants as the board may determine.
(d) The board may adopt and have executed any other proceedings or instruments
necessary and convenient in the issuance of bonds.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.326. Approval and Registration of Bonds
(a) Bonds issued by a district must be submitted to the attorney general for
examination.
(b) If the attorney general finds that the bonds have been authorized in accordance
with law, the attorney general shall approve them. On approval by the attorney general,
the comptroller shall register the bonds.
(c) After the approval and registration of bonds, the bonds are incontestable in any
court or other forum for any reason and are valid and binding obligations according to
their terms for all purposes.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.327. Refunding Bonds
(a) A district may issue bonds to refund all or any part of its outstanding bonds,
including matured but unpaid interest coupons.
(b) Refunding bonds shall mature serially or otherwise not more than 25 years after
their date of issue and shall bear interest at any rate or rates permitted by state law.
(c) Refunding bonds may be payable from the same source as the bonds being
refunded or from other sources.
(d) The refunding bonds must be approved by the attorney general as provided by
Section 772.326 and shall be registered by the comptroller on the surrender and
cancellation of the bonds refunded.
(e) The orders or resolutions authorizing the issuance of the refunding bonds may
provide that they be sold and the proceeds deposited in the place or places at which the
bonds being refunded are payable, in which case the refunding bonds may be issued
before the cancellation of the bonds being refunded. If refunding bonds are issued
before cancellation of the other bonds, an amount sufficient to pay the principal of the
bonds being refunded and interest on those bonds accruing to their maturity dates or to
their option dates if the bonds have been duly called for payment before maturity
according to their terms shall be deposited in the place or places at which the bonds
being refunded are payable. The comptroller shall register the refunding bonds without
the surrender and cancellation of bonds being refunded.
(f) A refunding may be accomplished in one or in several installment deliveries.
Refunding bonds and their interest coupons are investment securities under Chapter 8,
Business & Commerce Code.
(g) In lieu of the method set forth in Subsections (a)-(f), a district may refund bonds,
notes, or other obligations as provided by the general laws of this state.
Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989.
§ 772.328. Bonds as Investments and Security for Deposits
(a) District bonds are legal and authorized investments for:
(1) a bank;
(2) a savings bank;
(3) a trust company;
(4) a savings and loan association;
(5) an insurance company;
(6) a fiduciary;
(7) a trustee;
(8) a guardian; and
(9) a sinking fund of a municipality, county, school district, and other political
subdivision of the state and other public funds of the state and its agencies, including
the permanent school fund.
(b) District bonds are eligible to secure deposits of public funds of the state and
municipalities, counties, school districts, and other political subdivisions of the state.
The bonds are lawful and sufficient security for deposits to the extent of their value
when accompanied by all unmatured coupons.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 772.329. Tax Status of Bonds
Because a district created under this subchapter is a public entity performing an
essential public function, bonds issued by the district, any transaction relating to the
bonds, and profits made in the sale of the bonds are exempt from taxation by the state
or by any municipality, county, special district, or other political subdivision of the state.
Acts 1989, 71st Leg., ch. 678, § 1, elf. Sept. 1, 1989.
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
July 15, 2003
Fiscal Operation
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of a resolution of the City of Denton, Texas, approving the 2004 Budget of
the Denton Central Appraisal District; and declaring an effective date.
BACKGROUND
The Texas Property Tax Code requires taxing jurisdictions to approve or disapprove their
Appraisal District budget within 30 days after its adoption by the Appraisal District's Board of
Directors. The Appraisal District's Board of Directors met on July 10, 2003, to discuss and
adopt the budget. The City's comribution toward the Appraisal District's 2004 Budget is
included in the 2003-04 proposed General Fund budget.
FISCAL INFORMATION
The proposed budget contribution required by the City of Demon is $13,909 greater than last
year, (2003 allocation = $186,438; 2004 allocation = $200,347). The tax unit comributions are
based on a percentage of each taxing unit's current year levy.
EXHIBITS
"Summary" of Proposed DCAD Budget
Budget Allocations Worksheet
Notice of Public Hearing
Resolution
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
Exhibit A
Summary of Demon Appraisal District 2004 Budget
The proposed budget has been reviewed and is summarized below as a quick reference:
- 2004 proposed budget for DCAD is $540,958 greater than the prior year or 8.84%.
- Of the total increase, the "Personnel Services" category accounts for the majority of
the overall increase including $224,746 for salaries and benefits.
A large remainder of the increase is in the "Services Received" category with
specific increases in "Appraisal Review Board" ($51,960), "Legal Services"
($10,000), "Telephone" ($15,108), "Postage" ($15,798), and "Oil and Gas
Evaluation" ($85,029).
- The "Utilities and Maimenance" category also includes an increase of $148,000
for "Data Processing Maintenance".
There is one new position for the Appraisal Departmem requested for next year.
2004 BUDGET ALLOCATIONS WORKSHEET
JURISDICTIONS
SCHOOL DISTRICTS:
S01 ARGYLE ISD
S02 AUBREY ISD
S05 DENTON ISD
SO7 KRUM ISD
S08 LAKE DALLAS ISD
S09 LEWISVILLE ISD
S10 LITTLEELM ISD
S11 NORTHWEST ISD
S12 PILOT POINT ISD
S13 PONDER ISD
S14 SANGER ISD
SCHOOL DISTRICTS TOTALS
G01 DENTON COUNTY
CITIES:
% OF DENTON OUT OF
2002 TOTAL COUNTY COUNTY
TAX LEVY LEVIES CHARGES CHARGES
$8,290,143.02 1.2996% $83,455.19
$3,752,984.70 0.5884% $37,780.54
$87,041,831.05 13.6455% $876,232.46
$3,817,960.70 0.5985% $38,434.64
$15,003,285.21 2.3520% $151,035.03
$255,441,445.64 40.0453% $2,571,477.22
$9,521,580.24 1.4927% $95,851.82
$61,389,469.48 9.6240% $617,995.34
$4,758,093.62 0.7459% $47,898.76
$5,470,554.33 0.8576% $55,070.96
$6,752,008.59 1.0585% $67,971.10
$461,239,356.58 72.3080%
$71,431,305.24 11.1982%
C26 CITY OF ARGYLE $779,309.14 0.1222%
C01 CITY OF AUBREY $328,804.64 0.0515%
C31 TOWN OF BARTONVILLE $193,891.61 0.0304%
C42 TOWN OF CLARK $31,491.86 0.0049%
C03 CITY OF THE COLONY $10,868,132.84 1.7038%
C04 TOWN OF CORINTH $5,436,978.43 0.8523%
C27 TOWN OF COPPER CANYON $165,560.30 0.0260%
C05 CITY OF DENTON $19,901,744.70 3.1200%
C30 CITY OF DOUBLE OAK $446,925.72 0.0701%
C07 CITY OF FLOWER MOUND $19,636,822.43 3.0784%
C22 TOWN OF HACKBERRY $59,961.89 0.0094%
C19 TOWN OF HICKORY CREEK $569,580.96 0.0893%
C08 CITY OF HIGHLAND VILLAGE $5,811,131.99 0.9110%
C09 CITYOF JUSTIN $436,001.94 0.0684%
C18 CITYOF KRUGERVILLE $107,950.04 0.0169%
C10 CITY OF K.RUM $212,815.04 0.0334%
Cll CITY OF LAKE DALLAS $1,333,916.97 0.2091%
C25 TOWN OF LAKEWOOD VILLAGE $83,147.78 0.0130%
C12 CITY OF LEWISVILLE $21,028,887.99 3.2967%
C13 CITY OF LITTLE ELM $1,723,485.23 0.2702%
C23 CITY OF MARSHALL CREEK $21,240.95 0.0033%
C33 CITY OF NORTHLAKE $168,404.63 0.0264%
C24 CITY OF OAK POINT $889,038.23 0.1394%
C14 CITY OF PILOT POINT $665,758.55 0.1044%
C15 CITY OFPONDER $102,354.05 0.0160%
C17 CITY OF ROANOKE $1,579,592.98 0.2476%
C16 CITY OF SANGER $1,270,775.44 0.1992%
C34 TOWN OF SHADY SHORES $379,837.58 0.0595%
C28 CITY OF TROPHY CLUB $2,257,878.43 0.3540%
CI~ESTOTALS
$96,491,422.35 15.1269%
$75,235.00
$16,002.00
2004
BUDGET
ALLOCATIONS
$83,455.19
$37,78O.54
$876,232.46
$38,434.64
$151,035.03
$2,571,477.22
$95,851.82
$693,230.34
$63,900.76
$55,070.96
$67,971.10
$4,643,203.06 $91,237.00 $4,734,440.06
$719,084.46 $719,084.46
350.00
$350.00
$7,845.15
$3,310.01
$1,951.87
$317.02
$109,407.29
$54,732.96
$1,666.66
$200,346.83
$4,499.11
$197,679.91
$603.62
$5,733.86
$58,499.49
$4,389.14
$1,086.71
$2,142.37
$13,428.27
$837.03
$211,693.55
$17,349.98
$213.83
$1,695.30
$8,949.77
$6,702.06
$1,030.38
$15,901.44
$12,792.64
$3,823.75
$22,729.60
$971,359.60
$7,845.15
$3,310.01
$1,951.87
$317.02
$109,407.29
$54,732.96
$1,666.66
$200,346.83
$4,499.11
$197,679.91
$603.62
$5,733.86
$58,499.49
$4,389.14
$1,086.71
$2,142.37
$13,428.27
$837.03
$212,043.55
$17,349.98
$213.83
$1,695.30
$8,949.77
$6,702.06
$1,030.38
$15,901.44
$12,792.64
$3,823.75
$22,729.60
$971,709.60
82
Notice Of Public Hearing On
Denton Central Appraisal District 2004 Budget
The Denton Central Appraisal District will hold a public hearing on a proposed budget for
the 2004 fiscal year. The public hearing will be held on July 10, 2003 at 4:00 P.M. at
3911 Morse Street, Denton, Texas.
A summary of the appraisal district budget follows:
The total amount of the proposed budget. $ 6,663,424.76
The total amount of increase over the current year's budget. $ 540,958.34
The number of employees compensated under the proposed budget. 73
The number of employees compensated under the current budget. 72
The appraisal district is supported solely by payments from the local taxing units served
by the appraisal district.
If approved by the appraisal district board' of directors at the public hearing, this proposed
budget will take effect automatically unless disapproved by the governing bodies of the
county, school districts, cities and towns served by the appraisal district.
A copy of the proposed budget is available for public inspection in the office of each of
those governing bodies. A copy is also available for public inspection at the appraisal
district office.
Denton Central Appraisal District
3911 Morse
Denton, Texas 76208
(940) 349-3800
S:Our Documalt s Resolutions 03 caltral appraisal district budget doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 2004 BUDGET
OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the 2004 proposed budget of the Denton Central Appraisal District was
submitted to the City of Denton on June 15, 2003; and
WHEREAS, the proposed budget contains a list showing each proposed position, the
proposed salary for the position, all benefits proposed for the position, each proposed capital
expenditure, and an estimate of the amount of the budget that will be allocated to the City of
Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council, pursuant to Article 6.06 of the Texas Tax Code,
approves the 2004 proposed budget of the Denton Central Appraisal District.
SECTION 2. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
__ day of _, 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
July 15, 2003
Fiscal Operations, Tax Department
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of a tax refund for the following property tax:
Name Reason
Tax
Amount
Year
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. This account falls under Chapter 31.11.
FISCAL INFORMATION
The total tax overpayment revenue fund would be reduced by $907.06.
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
July 15, 2003
Parks and Recreation
Howard Martin ~
SUBJECT:
Consider an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an
interlocal cooperation agreement by and between the City of Denton, Texas and the
University of North Texas pertaining to the use of and upgrade to Denia Park; and
providing an effective date.
BACKGROUND:
The University of North Texas will begin its inaugural year of play in NCAA Division 1
Women's softball this fall. The university has purchased the Liberty Christian School
campus and plans to utilize the existing ball field as its home field. However, the Liberty
Christian facilities will not be available to the university for the inaugural season.
UNT has proposed that it use two of the four softball fields in Denia Park until December
2004, when the Liberty Christian facility will be available. In exchange for the use of the
Denia fields, UNT will make certain permanent improvements to the facilities, including:
the improvemem of infield and outfield play surfaces, fencing and/or fence wind
screening, scoreboards, dugouts, bleachers and necessary signage. UNT may also install
additional lighting and a press box, as funds are available. In addition, UNT provide
through the City free admission to its tournaments, a discount to its summer softball
camp and a percemage of its game concession sales for the City's co-sponsored youth
softball participants.
The agreemem recognizes the City's authority to schedule the use of the Denia fields, and
the City has agreed to accommodate UNT's practice and game schedules without harm to
our youth softball programs. Staff has briefed the officials of Demon County Girls
Softball Association, the organizers of the Tina Minke Tournament, DISD athletic
officials and other interested parties on the proposed agreement with UNT. It appears that
the needs of each user group can be accommodated.
When the proposed agreement with UNT was made public, some representatives of the
Denia Neighborhood Association raised concerns about the possible increase of traffic,
lighting and noise levels that might result from UNT's use of the Denia complex. Efforts
to minimize these impacts are currently in place. UNT's activities will coincide with the
period during which the youth associations are currently using the complex. UNT
scheduled a minimum number of home games, and plans to play games on only two days
in October 2003 and on 14 dates between February 10 and May 9, 2004. UNT officials
have informed the City that attendance at regular season home games is not likely to
exceed 200 spectators and can easily be accommodated with the off-street parking
recently completed at the south end of the park. The City will work with UNT to promote
vehicle access for its games from the Roselawn entrance to the park, seeking to minimize
the impact of related traffic on the surrounding neighborhood.
Staff has also committed to work the Denia Neighborhood Association to keep them
involved in the discussion of activities that impact their neighborhood.
OPTIONS:
The City Council may choose to approve the proposed agreement, amend it as desired or
withhold approval.
RECOMMENDATION:
Staff recommends approval of the proposed agreement.
ESTIMATED SCHEDULE OF PROJECT:
If approved, UNT will begin immediately to make improvements to the Denia facility,
preparing for practice in fall 2003.
PRIOR ACTION/REVIEW:
The Parks, Recreation and Beautification Board recommended approval of the agreement
at its meeting on June 23, 2003.
FISCAL INFORMATION:
No costs to the City will result from the Council's approval of the proposed agreement.
EXHIBITS: 1 Ordinance
2 Agreement
3 Map of Denia softball complex
4 Parks, Recreation and Beautification Board minutes
Respectfully submitted:
Janet Simpson, Interim Director
Parks and Recreation Department
F:\admin\City Council\2003\UNT Denia agreement\UNT Denia CC agenda sheet.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY
AND BETWEEN THE CITY OF DENTON, TEXAS AND THE UNIVERSITY OF
NORTH TEXAS PERTAINING TO THE USE OF AND UPGRADE TO DEN-IA
PARK; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in her absence the Mayor Pro Tem, is hereby
authorized to execute, on behalf of the City, an Interlocal Cooperation Agreement
between the City of Denton, Texas and the University of North Texas pertaining to the
use of and upgrade to Denia Park, substantially in accordance with the Interlocal
Cooperation Agreement which is attached hereto and incorporated by reference herein.
SECTION2. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
day of ,2003.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERB~~TTORNEY
By: ~-~- - ~
EXHIBIT 1
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF DENTON,
TEXAS, a Texas Municipal Corporation (hereinafter the "CITY") and THE UNIVERS~ OF
NORTH TEXAS, Denton, Texas (hereinafter "UNT"), each organized and existing under the
laws of the State of Texas, each acting by and through and under the authority of their respective
governing bodies and officials in accordance with §791.011(d)(1) of the Texas Government
Code; and '
WHEREAS, the C1TY is a local governmental entity within the provisions of
§791.011(a) of the Texas Government Code; and LINT may enter into an intedocaI cooperation
agreement pursuant to the authority contained in §771.002(1)(B) and §791.011(b)(1) of the
Texas Government Code; and the CITY and LINT are governmental entities organized under the
laws of the State of Texas, both of whom have the authority to perform the services set forth in
this Agreement, individually, and who mutually desire to enter into an interlocal cooperation
agreement, as provided for in Chapter 791 'of the Texas Government Code; and
WHEREAS, the CITY and UNT have entered into this Agreement to provide for UNT's
use of two softball fields at Denia Park in exchange for UNT's installation and construction of
certain upgrades to the park; and
WIqF. REAS, there is a valid governmental purpose served by this Agreement by the
CITY and UNT to provide for the use of and upgrade to facilities at Denia Park; and
WHEREAS, the CITY and UNT agree that any compensation made in connection with
governmental functions provided for by this Agreement shall be made from current revenues
available to the paying party in accordance with the provisions of §791.011(d)(3) of the Texas
Government Code; that the purpose, terms, rights, and duties of the respective contracting parties
shall be stated in the Agreement in accordance with the provisions of §791.011(d)(2); and that
any compensation.made pursuant to this Agreement fairly compensate the performing party for
the services or functions performed, in accordance with the provisions of §791.011(e) of the
Texas Government Code; and
NOW THEREFORE, the CITY and UNT, for and in considerati® of the promises and
the mutual covenants set forth in this Inteflocal Cooperation Agreement, and pursuant, to the
authority granted by the governing bodies of each of the parties hereto, in accordance with
§791.011(d)(1) of the Texas Government Code, do hereby agree as follows:
ARTICI.I~. I
INCORPORATION OF PREAMBLES
All matters and recitations stated in the Preamble to this Agree.ment are true and correct
and are hereby incorporated by reference into the provisions of this Agreement for all purposes.
EXHIBIT 2
ARTICLE II
PURPOSE OF AGREEMENT
The purpose of this Agreement, is as designated in the preamble, to evidence the
agreement of the CITY and UNT to provide for the use and upgrade of facilities at Denia Park
and other related services for the term of the Agreement.
ARTICLE IiI
TERM OF AGREEMENT
This Agreement shall be effective as of the Effective Date as provided below and shall
continue in force and effect through December 3 I, 2004. The parties may each elect to terminate
this Agreement, as permitted under the provisions of Article IV hereunder.
ARTICLE IV
TERMINATION OF AGREEMENT
This Agreement terminates upon the first to occur of the. following events:
A. By mutual written agreement of the CITY and UNT; or
B. December 31, 2004; or
C. By either party, if a party defaults or breaches any of the terms or conditions of this
Agreement and such default or breach is not cured within sixty (60)days after written notice by
the non-defaulting party to the defaulting party.
ARTICt~E V
UNDERTAKING OF THE CITY
The undertaking of the CITY for the term of this Agreement, is as follows:
CITY shall allow UNT to use two softball fields at Denia Park more particularly
described in Exhibit "A" attached hereto and made a part hereof by reference (the "Ball Fields").
UNT's use of the Ball Fields is non-eXclusive except that its use for its woman's softball
program shall have priority over all other uses. UNT and the CITY shall prepare a schedule as to
dates and times of such priority use, subject to the following criteria:
1. Practice times and game schedules will be coordinated between UNT Head' Softball
Coach (the "Softball Coach") and the City's Park and Recreation Director, or his designee (the
"City Representative").
2. Game schedules will be provided to the City Representative at least 6 months in advance
and approved by the City Representative no later than 5 months in advance. Any changes in
game schedules must be submitted to the City Representative within a reasonable time prior to
Page 2
the scheduled game. Tournament dates will be provided to the City Representative at least 6
months in advance and approved by the City Representative no later than 5 months in advance.
Any changes in tournament dates must be submitted to the City Representative within a
reasonable time prior to the scheduled date.
3. UNT summer camp will be scheduled between the Softball Coach and the City
Representative
ARTICI .[*. VI
UNDERTAKING OF LINT
The undertaking of IJNT for the term of this Agreement, is as follows:
A. UNT agrees to construct or install the following upgrades and amenities to the Ball Fields
(the "Upgrades"):
1. Resurface the clay infields; and
2. Level the outfields and replace sod where necessary; and
3. Construct two bullpens at locations agreed upon by LINT and CITY; and
Move fence or fences in as necessary and install green wind screens if no signage
is used; and
5, Make improvements to irrigation, watering and drainage systems when
resurfacing the infields; and
Install new foul poles, fence yardage signs, and other necessary signage; and
Install additional bleachers; and
8. Install two scoreboards.
B. Should LINT have additional funds available, it may install or construct the following
additional upgrades and amenities ("Additional Upgrades"): '
1. Construct a press box; and
2. Install additional lighting.
C. UNT will not charge admission for regular season games. UNT may charge admission to
tournament games except that ali Denia gift's softball league participants will not be charged
admission, lINT will supervise and control the tournament games and associated concessions,
with 25% of ali concession, profits being paid to the CITY, which may in its discretion be
provided to the girl's softball league. UNT's right to operate concessions is exclusive of the
Page 3
right to use the permanent concession stand at the complex. UNT's use of the concession'stand
will be subject and subordinate to its use by the City's agreement with the girls softball
association. All Denia girl's softball league participants will be given a 10% discount for'UNT
summer camp. In addition, UNT will provide to the CITY two scholarships for a day camp of
the CITY's choice to be awarded at the CITY's discretion.
D2 UNT agrees to cooperate and provide information to the CITY upon request by the CITY
regarding the Upgrade activities described above. Prior to performing any work UNT will
submit construction or installation plans to the CITY for CITY approval.
E. LINT agrees to complete the Upgrades by September 30, 2003.
ARTICLE VII
FORCE MAJEURE
Events of Force Majeure shall mean any contingency or cause beyond the reasonable
control of a party including, without limitation, acts of God or the public enemy, war, riot, civil
commotion, insurrection, government or de facto government action (unless caused by acts or
omission of the party), fires, explosions, rain or other weather delays, floods, strikes, slowdowns
or work stoppages.
ARTICLE vm
HOLD HARMLESS
Only to the extent alloWed by the Constitution and statutes of' the State of Texas, and
without waiving any immunity or limitation as to liability, UNT agrees to and shall indemnify
and hold harmless the CITY, its officials, officers, agents, employees, or attorneys from and
against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind,
including all expenses of litigation, court costs, and attorney's fees, for injury or death of any~
person, or for damages to any propert~ real, personal, or intellectual, arising out of or in
connection with the subject of this Agreement, where the injury or death or damage is caused by
the negligence of LINT, it's officials, officers, agents, employees, or attorneys, except that UNT
assumes no liability for the sole negligent acts of CITY, its officials, officers, agents, employees,
or attorneys.
Only to the extent allowed by the Constitution and statues of the State of Texas, and
without waiving any immunity or limitation to liability, the CITY agrees to and shall indemnify
and hold harmless UNT, its officials, officers, agents, employees, or attorneys from and against
any and all claims, losses, damages, caUses of action, suits, and liabilities of every kind,
including all expenses of litigation, court costs, and attorney's fees, for injury or death of any
perSon, or for damages to any property;, real, personal, or intellectual, arising out of or in
connection with the subject of the Agreement, where the injury or death or damage is caused by
the negligence of CITY, its officials, officers, agents, employees, or attorneys; except that the
CITY assumes no liability for the Sole negligent acts of UNT, its officials, officers, agents,
employees, or attorneys.
Page 4
ARTICLE IX
GOOD FAITH NEGOTIATION AND DISPUTE RESOLLrrION
If other needs or requests arise that are related to this Agreement that are not specifically
set forth herein, the Softball Coach and the City Representative shall meet to find all reasonable
solutions to address such needs or requests. Chapter 2260 of the Texas Government Code
establishes a dispute resolution process for contracts involving goods, services and certain types
of projects. The parties must use the statutory dispute resolution process to attempt to resolve
disputes arising und~ ~s Agreement.
ARTICLE X
ASSIGNABILITY/CONSENT
Except as otherwise provided herein, or except as may be hereafter determined by the
parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement, or
any of its fight, duties, or obligations hereunder, without the prior written consent of the other
party. However, whenever the consent or the approval of a party is required herein, such party
shall not unreasonably withhold, delay, or deny such consent or approval.
ARTICLE XI
NOTICE
AnY notice given by one party to the other in connection with this Agreement shall be in
writing and shall be by personal delivery; or shall be sent by registered mail or certified mail;or
shall be sent by U.S. Mail, return receipt request, postage prepaid; or by facsimile to:
CITY:
Parks and Recreation DireCtor
City of Denton, Texas
Civic Center
321 E. McKinney
Denton, Texas 76201
Fax No. 940.349.8384
UNT Athletic Director
University of North Texas
P.O. Box 3i 1397
Denton, Texas 76203
Fax No. 940.565.3470
Notice shall he deemed to have been received on the date of receipt as shown on the
remm receipt or other evidence of receipt.
Page 5
ARTICI.lq. XII
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith. No evidence of any waiver or modification shall be offered or received in evidence in
any proceeding arising between the parties hereto out of or affecting this Agreement, or the
fights or obligations of the parties'hereunder, unless such waiver or modification is in writing,
duly executed. The parties further agree that the provisions of this Article will not be waived
unless as herein set forth.
ARTICLE Xrll
SAVINGS/SEVERABIL1TY
In. the event that any one or more of the provisions hereof contained in this Agreement
shall for any reason beheld to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceabilitY shall not effect the other provisions, and the Agreement shall be
constructed as if such invalid, illegal, or unenforceable provision had never been contained in
this Agreement.
ARTICLE XIV
GOVERNING LAW AND VENUE
This Agreement shall be construed under and governed by, and in accordance with the
laws of the State of Texas, and all obligations of the parties hereto, created, by this Agreement a~re
performable in Denton County, Texas. Venue of any suit or cause of action under this
Agreement shall lie exclusively in Denton County, Texas.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement and any exhibits which may be attached hereto, constitutes the entire
agreement among the parties hereto with respect to the subject matter hereof, and supersedes any
prior understandings or written or oralagreements between the parties with respect to the subject
matter of this Agreement. No amendment, modification, cancellation or alteration of the terms
of this Agreement shall be binding on any party hereto unless the same is in writing, dated
subsequent to the date hereof, and is duly authorized and executed by the parties hereto.
ARTICLE XVI
WAIVER OF TERMS AND CONDITIONS
The failure of either party to enforce or insist upon compliance with any of the terms or
conditions of this Agreement shall not constitute a general waiver or relinquishment of any such
terms or conditions, but the same shall be and remain at all times in full force and effect.
Page 6
ARTICt .E XVII
AUTHORITY OF PARTIES
This Agreement is made by and entered into by the duly authorized officials of each
respective governmental entity.
ARTIC1,1~, xvm
CAPTIONS
The captions contained in this Agreement are for informational purposes only and shall
not in any way affect the substantive terms or conditions of this Agreement.
ARTICLE XIX
COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, and constitute one and the same instrument.
IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed
by its duly-authorized and empowered Mayor; and the' University of North Texas has caused this
Agreement to be executed by its duly-authorized and empowered Officer to be effective as of the
~ day of ,2003 (the "Effective Date").
CITY OF DENTON, TEXAS
By:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
E ULINEBROCK, MAYOR
By:
APPROVED AS TO LEGAL FORM:
Page 7
THE UNIVERSITY OF NORTH TEXAS
Phillip*Die~l /
VP Finance & Business Affairs
ATTEST:
APPROVED AS TO LEGAL FORM:
CHONG H. CHOE, ASSISTANT GENERAL COUNSEL
By:
Page 8
Exhibit A
Denia Park Softball Complex
Ps~vln
Field #3 Field #1/~_
EXHIBIT 3
· IIII
_d I1~
Frank Borman
School
Denia Recreation
Field Field
~ #2
Denia Park
Softball Complex
Denia .Park
i
'!
,d
! I
Denia Park Softball Complex
Field #4
Field #3
\
Field #2
Field #1~)
· ~
EXHIBIT 3
DRAFT
Parks, Recreation and Beautification
City Hall Conference Room
June 23, 2003
Members presem: Don Edwards, Teresa Andress, Dale Yeatts, Cassandra Berry, and
Brandon Barnes. Staff present: Janet Simpson, Emerson Vorel, Bob Tickner, John
Whitmore, Janie McLeod and Lancine Bentley. Others present: Vincent Ramos and Patrick
Vasquez with Fuego Y Alma and Anna Broderick with Demon County Girls Softball
Association.
Chairman Don Edwards called the meeting to order at 6:02 p.m.
Awards and Recognition - Keep Demon Beautiful, Governor's Community Achievemem
Award. Lancine discussed the award KDB had received and the various areas that were
recognized.
Approval of Minutes of May 15, 2003. Dale made a motion to approve the minutes from
the May 15m meeting. Geri seconded the motion and it was passed unanimously.
ACTION ITEMS
Consider approval of request to sell of alcoholic beverages at Fuego Y Alma. Vincem
Ramos with Fuego Y Alma said that this would be the third year that the committee has
hosted the event, which is an outreach to the Latino community. Vincent asked for approval
for the sell of alcoholic beverages. Dale asked if there had been any problems in the past
during the evem. Vincem responded that there had not been any trouble that security is
always provided. Vincent stated that they are still working on a sponsor for the alcohol
permit.
Dale made the motion to approve the request to sell alcoholic beverages at the 2003 Fuego
Y Alma evem. Cassandra seconded the motion and it was passed unanimously.
Consider approval of cooperative agreement between UNT and the City of Denton for
UNT's improvements to and use of Denia Park Softball Complex. Janet said that the UNT
athletic director and coach had approached the department requesting the use of Denia
ballfields while the Liberty School fields are being renovated for UNT to use. UNT will
make approximately $40,000 worth of improvemem to the facilities. The agreemem ends in
December 2004, then the fields will return to normal use. On June 30~h, Parks and UNT
staff will meet with Denia neighborhood residents to discuss their concerns about the traffic,
lights and noise. UNT will direct users to enter from Roselawn Avenue so not to disturb the
neighborhood. The Demon County Girls Softball Association has been consulted and is
supportive of the joim use of the facilities. Anna Broderick with the girls softball
association was present to voice the support of the association.
Brandon made a motion to approve the cooperative agreement between UNT and the City of
Denton for UNT's improvement to and use of Denia Park Softball Complex. Teresa
seconded the motion and it was approved unanimously.
EXHIBIT 4
DRAFT
Consider approval of an agreement with Denton Soccer Association for the construction,
operation and use ora new building at the North Lakes Park Soccer Complex. Bob said the
agreement with the Soccer Association would be for thirty years with two 1 O-year renewal
terms and can be terminated for reasonable cause. The building would become City of
Denton property on completion. PARD can use the building by scheduling with the Soccer
Association when the association doesn't already have it in use. Bob added that the design
would match the existing building in the park. There will be concession on the west end of
the building and restrooms on the east side of the facility. There will be a meeting room in
the middle portion of the building.
Teresa made a motion to approve the agreement with the Denton Soccer Association for the
construction, operation and use of a new building at the North Lakes Park Soccer Complex.
Geri seconded the motion and it was passed unanimously.
DISCUSSION ITEMS - None
DIRECTOR'S REPORT
Denton Branch Rail Trail/Loop 288 By-Pass Route. Bob said City Council was
supportive of trail and planning for a trail bridge over the new Loop 288 for the rail trails.
Bob said he would continue to monitor the progress of the bypass trail.
Project Status Report. There were no questions.
Keep Denton Beautiful Report. There were no questions.
OTHER ITEMS. John presented a power point presentation of the status of the Water
Works Park. Janet said the dedication was a success and that attendance has been good at
the park. Janet added that the yellow speed slide would be operational by the end of week.
Reappointments: Teresa asked about when reappointments would be made to the board and
if we knew the status of the appointments. Janie said that the appointments are usually
made in July and that the board members are to continue serving on the board until notified.
Items for Next Meeting. None
There being no further business, the meeting was adjourned at 6:55 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
July 15, 2003
Fiscal Operations/Tax
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of the Convention and Visitor Bureau (CVB) Program Year 2003 revised
budget.
BACKGROUND
The Convention and Visitor Bureau (CVB) has requested that they be allowed to retain the
unused portion of their 2002 allocation of HOT funds. This practice is commonly referred to as
a "carry forward" and is allowed in their contract with the City in section 2.1 Use of Funds.
The first carry forward was authorized in program year 2001 for $33,804. This carry forward
request is for program year 2002 of $26,603. A revised budget is attached that incorporates this
second carry forward amount.
The attached revised budget also includes adjustments to several line items individually
identified. Below is a brief summary of those adjustments.
· Increase in Administration: $31,111.
Salaries and insurance adjustments and addition of a 401K program
Reduction in Vendor Agreements: $9,000.
DFW Film Commission restructured dues $3,300
Hanson's contract was revised $5,700
· Reduction in Services: $4,098.
Elimination of billboard on 1-35E (September-December, 2003)
PRIOR ACTION/REVIEW
At the June 9, 2003, meeting, the Hotel Occupancy Tax Committee reviewed the revised budget
and recommended that the Convention and Visitor Bureau's request be forwarded to City
Council for approval.
FISCAL INFORMATION
The budget amendment has no fiscal impact on the Hotel Occupancy Tax Fund budget.
EXHIBITS
2003 Final Revised Budget
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE CONVENTION
AND VISITOR BUREAU PROGRAM YEAR 2003 REVISED BUDGET; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the 2003 Revised Budget of the Convention & Visitor Bureau was
submitted to the City of Denton Hotel Occupancy Tax Committee on June 9, 2003 which
recommended, after review, that the Budget be forwarded to the City Council for approval; and
WHEREAS, the City Council deems it in the public interest to approve the Convention &
Visitors Bureau Program Year 2003 Revised Budget; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council approves the 2003 Convention & Visitors Bureau
Program Year 2003 Revised Budget.
SECTION 2. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
__ day of _, 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
REVENUE:
City of Denton
Interest
Billboard
Carry-Forward
TOTAL REVENUE:
EXPENSES:
Denton Chamber of Commerce
Convention and Visitor Bureau
Current 3 Year Recipient (PY 2002 - 2004)
2003 FINAL Rovi$od Budgot
$ 305,584.00
$ 551.00
$
$
$ 306,135.00
Requested Amount
$ 305,584.00
$ 551.00
$
$ 26,603.75
$ 332,738.75
Revised Amount
(1)
ADVERTISING
Print Advertising
Convention Advertising
Tourism Promotion Material
Brochures
Travel Shows
Tourism Services
Marquee Billboard
DFW Reg Film Commission
Special Projects
$ 46,348.00
$ 5,300.00
$ 5,300.00
$ 17,060.00
$ 850.00
$ 18,700.00
$ 14,328.00
$ 3,300.00
$ 1,000.00
$ 112,186.00
$ 46,951.75 (2)
$ 5,3OO.OO
$ 11,739.00 *
$ 17,060.00
$ 85O.OO
$ 12,700.00 *
$ 10,230.00 *
$ *
$ 2,000.00 *
$ 106,831
ADMINISTRATION
Administrative Salaries
VP Retirement
Accounting Salary
Car Allowance
Payroll Taxes
Health Insurance
Liability Insurance
Annual Audit
Travel and Training
Computer Equipment
Copy Machine
Warehouse Storage
Desktop Copier Lease
Office Supplies
Telephone
Memberships
Printing
Postage
Office Rent
Bid Solicitation / Travel
$ 79,200.00
$ 2,001.00
$ 4,900.00
$ 4,500.00
$ 8,000.00
$ 5,550.00
$ 400.00
$ 1,200.00
$ 2,250.00
$ 850.00
$ 220.00
$ 625.00
$ 750.00
$ 1,200.00
$ 6,200.00
$ 1,850.00
$ 1,128.00
$ 3,500.00
$ 14,055.00
$ 300.00
$ 138,679.00
$ 95,760.00 *
$ 2,032.00 *
$ 4,900.00
$ 5,500.00 *
$ 12,000.00 *
$ 9,070.00 *
$ 400.00
$ 1,200.00
$ 2,500.00 *
$ 850.00
$ 220.00
$ 672.00 *
$ 750.00
$ 1,200.00
$ 6,200.00
$ 1,850.00
$ 1,128.00
$ 3,500.00
$ 14,055.00
$ 300.00
$ 164,087.00
2-BU -CVB Budget.xls
SPORTS ADVERTISING
Convention & Trade Shows
Printing
Sports Video
$ 9,235.00
$ 1,5OO.OO
$
$ 10,735.00
$ 9,235.00
$ 1,5OO.OO
$
$ 10,735.00
SPORTS ADMINISTRATION
Sales Manager
Health Insurance
Payroll Taxes
Sales Mgr. Car Allowance
Postage
Travel & Training
Memberships
TOTAL EXPENSES:
$ 32,000.00
$ 3,52O.OO
$ 3,000.00
$ 1,800.00
$ 5OO.OO
$ 2,965.OO
$ 75O.OO
$ 44,535.00
$ 305,584.00
$ 38,000.00
$ 3,52O.OO
$ 3,000.00
$ 1,800.00
$ 5OO.OO
$ 2,965.OO
$ 75O.OO
$ 50,535.00
$ 332,187.75
DIFFERENCE BETWEEN INCOME AND EXPENSE
(Interest Income)
$ 551.00 $ 551.00
* Reflects all line items that were adjusted.
(1) Amount reflects the full carry-forward from PY 2002.
(2) Amount reflects the $603.75 not accounted for in the CVB's revised budget.
2-BU -CVB Budget.xls
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
July 15, 2003
Economic Development
Mike Conduff
SUBJECT
An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas
and Boys and Girls Club of Denton County providing support for at-risk youth; providing for the
expenditure of funds therefore; and providing for an effective date.
BACKGROUND
Council Member Mark Burroughs has requested provision of funding to the Boys and Girls Club
of Denton County.
ESTIMATED PROJECT SCHEDULE
The funding agreement specifies that the expenditure of all funds should take place before
September 30, 2004.
PRIOR ACTION/REVIEW(Councils~ Boards~ Commissions)
There was no prior action on the ordinance.
FISCAL INFORMATION
Funding of $1,000 to be expended under the agreement is from Council contingency funds.
EXmBITS
1. Ordinance
2. Funding Agreement
Prepared by:
Barbara Ross
Community Development Administrator
Respectfully submitted:
Linda Ratliff
Director of Economic Development
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND BOYS AND GIRLS CLUB OF DENTON COUNTY
PROVIDING SUPPORT FOR AT-RISK YOUTH; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Boys and Girls Club of'Denton County (the''Organization'') provides for the
care of at-risk youth; and
WHEREAS, the City Council of the City of Denton hereby finds that the agreement between
the City and the Organization attached hereto and made a part hereof by reference (the"Agreement")
serve a municipal and public purpose including the promotion of tourism and economic development
and the Agreement is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Agreement, including
the expenditure of funds as provided in the Agreement.
SECTION 3. This ordinance shalI become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L~al:~OU~, CITY ATTORNEY
EULINE BROCK, MAYOR
AGREEMENT BETWEEN THE CITY OF DENTON
AND BOYS AND GIRLS CLUBS OF DENTON COUNTY
This Agreement is made and entered into by and between the City of Denton, a Texas
municipal corporation, hereinafter referred to as CITY, and Boys & Girls Clubs of Denton County,
101 North Austin, Suite 1, Denton, TX 7620t; a Texas non-profit corporation, hereinafter referred to
as CONTRACTOR.
WHEREAS, the CONTRACTOR has requested funding from the CITY to perform certain
public services as more specifically described herein (the "Project"); and
WHEREAS, CITY has found and determined that the Project serves municipal and public
purposes within the City of Denton and is in the public interest; and
WHEREAS, CITY has designated the Community Development as the division responsible
for the administration of this Agreement and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out the Project;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the
mutual obligations and to the performance and accomplishment of the conditions hereinafter
described.
This Agreement shall commence as of the Effective Date set forth below and shall terminate
on September 30, 2004, unless sooner terminated in accordance with Section 26 "Termination".
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the performance of all services for the
Project described in the Work Statement attached hereto as Exhibit A, and incorporated herein by
reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the
terms herein. CITY will consider CONTRACTOR"s executive officer to be CONTRACTOR"s
representative responsible for the management of all contractual matters pertaining hereto, unless
written notification to the contrary is received from CONTRACTOR, and approved by CITY.
The CITY"s Community Development Administrator will be CITY"s representative
responsible for the administration of this Agreement.
CITY'S OBLIGATION
A. Limit of Liability. CiTY will reimburse CONTRACTOR for expenses incurred for the
Project in an mount not to exceed $1000.00.
B. Measure of Liability. The CITY's payments to CONTRACTOR shall be based on
proof of expenses incurred for the Project and are subject to the limitations and provisions set forth
in this Section and Section 6 of this Agreement.
(1) CITY shall not be liable for any cost or portion thereof which:
(a) has been paid, reimbursed or is subject to payment or reimbursement,
from any other source;
(b) was incurred prior to the beginning date, or after the ending date specified
in Section 1;
(c) is not in strict accordance with the terms of this Agreement; or
(d) has not been billed to CITY within 90 calendar days following billing to
CONTRACTOR, or termination of the Agreement, whichever date is earlier;
(2) CITY shall not be liable for any cost or portion thereof which is incurred with
respect to any activity of CONTRACTOR requiring prior written authorization form CITY,
or after CITY has requested that CONTRACTOR furnish data concerning such action prior
to proceeding further, unless and until CITY advises CONTRACTOR to proceed.
(3) CITY shall not be obligated or liable under this Agreement to any party other than
CONTRACTOR for payment of any monies or provision of any goods or services..
REPRESENTATIONS
A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to
any proper, appropriate and official motion, resolution or action passed or taken, to enter into this
Agreement.
B. The person or persons signing and executing this Agreement on behalf of
CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by
CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally
bind CONTRACTOR to all terms, performances and provisions herein set forth.
C. CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or
Page 2
the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY
for any money it has received from CITY for performance of the provisions of this Agreement if
CITY has suspended or terminated this Agreement for the reasons enumerated in this Section.
D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the
terms of this Agreement will in no way be substituted for funds and resources from other sources,
nor in any way serve to reduce the resources, services, or other benefits which would have been
available to, or provided through, CONTRACTOR had this Agreement not been executed.
PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out alt of the activities and
services set out in the WORK STATEMENT, attached hereto and incorporated herein for all
purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated
herein for all purposes and deemed by both parties to be necessary and sufficient payment for full
and satisfactory performance of the program, as determined solely by CITY and in accordance with
all other terms, provisions and requirements of this Agreement.
No modifications or alterations may be made in the Work Statement without the prior written
approval of the City's Community Development Administrator.
e
PAYMENTS TO CONTRACTOR
A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum
amount of money totaling $1000.00. CITY will pay these funds on a reimbursement basis to the
CONTRACTOR within twenty days after CITY has received supporting documentation.
CONTRACTOR"s failure to request reimbursement on a timely basis may jeopardize present or
future funding.
Funds are to be used for the sole purpose of the Project for Boys & Girls Club of Denton
County North Side Unit.
B. Excess Payment. CONTRACTOR shall refund to CITY within ten working days of
CITY's request, any sum of money which has been paid by CITY and which CITY at any time
thereafter determines:
(1) has resulted in overpayment to CONTRACTOR; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
C. Disallowed Costs/Reversion of Assets. Upon termination of this Agreement, should any
expense or change for which payment has been made be subsequently disallowed or disapproved as a
Page 3
result of any auditing or monitoring by CITY, the Department of Housing and Urban Development,
or any other Federal agency, CONTRACTOR witl refund such mount to CITY within ten working
days ora written notice to CONTRACTOR, which specifies the mount disallowed. If CITY finds
that CONTRACTOR is unwilling and/or unable to comply with any of the terms of this Contract,
CITY may require a refund of any and ali money expended pursuant to this Contract by
CONTRACTOR, as well as any remaining unexpended funds which shall be refunded to CITY
within ten working days ora written notice to CONTRACTOR to revert these financial assets. The
reversion of these financial assets shall be in addition to any other remedy available to CITY either at
law or in equity for breach of this Contract.
Refunds of disallowed costs may not be made from these or any funds received from or
through CITY.
WARRANTIES
CONTRACTOR represents and warrants that:
A. Ali information, reports and data heretofore or hereafter requested by CITY and furnished
to CITY, are complete and accurate as of the date shown on the information, data, or report, and,
since that date, have not undergone any significant change without written notice to CITY.
B. Any supporting financial statements heretofore requested by CITY and furnished to CITY,
are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date
shown on said report, and the results of the operation for the period covered by the report, and that
since said date, there has been no material change, adverse or otherwise, in the financial condition of
CONTRACTOR.
C. No litigation or legal proceedings are presently pending or threatened against
CONTRACTOR.
D. None of the provisions herein contravenes or is in conflict with the authority under which
CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of
CONTRACTOR.
E. CONTRACTOR has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
furnished by CONTRACTOR to CITY.
Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment.
Page 4
ALLOWABLE COSTS
A. Costs shall be considered allowable only if incurred directly and specifically in the
performance of and in compliance with this Agreement.
B. CITY's prior written authorization is required in order for the following to be considered
allowable costs:
(1) Out of town travel.
(2) Costs or fees for temporary employees or services.
(3) Any fees or payments for consultant services.
(4) Fees for attending out of town meetings, seminars or conferences.
Written requests for prior approval are CONTRACTOR"s responsibility and shall be made
within sufficient time to permit a thorough review by CITY. CONTRACTOR must obtain written
approval by CITY prior to the commencement of procedures to solicit or purchase services,
equipment, or real or personal property. Any procurement or purchase, which may be approved under
the terms of this Agreement, must be conducted in its entirety in accordance with the provisions of
this Agreement.
PROGRAM INCOME
A. For purposes of this Agreement, program income means earnings of CONTRACTOR
realized from activities resulting from this Agreement or from CONTRACTOR"s management of
funding provided or received hereunder. Such earnings include, but are not limited to, income from
interest, usage or rental or lease fees, income produced from contract-supported services of
individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR
provided as a result of this Agreement, and payments from clients or third parties for services
rendered by CONTRACTOR under this Agreement.
B. CONTRACTOR shall maintain records of the receipt and disposition of program income
in the same manner as required for other contract funds, and reported to CITY in the format
prescribed by CITY. CITY and CONTRACTOR agree that any fees collected for services performed
by CONTRACTOR shall be spent only for service provision. These fees or other program income
will be deducted fi'om the regular reimbursement request.
C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts that
involve other income-producing services or activities.
Page 5
D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to
whether or not income arising directly or indirectly from this Agreement, or the performance thereof,
constitutes program income. CONTRACTOR is responsible to CITY for the repayment of any and
all amounts determined by CITY to be program income, unless otherwise approved in writing by
CITY.
10.
MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of the funds received under this Agreement. CONTRACTOR"s
record system shall contain sufficient documentation to provide in detail full support and justification
for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal
accountability and liability under any other provision of this Agreement or any applicable law.
CONTRACTOR shall include the substance of this provision in all subcontracts.
B. CONTRACTOR agrees to retain all books, records, documents, reports, and written
accounting procedures pertaining to the operation of programs and expenditures of'funds under this
Agreement for five years.
C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of
responsibility for retaining accurate and current records, which clearly reflect the level and benefit of
services, provided under this Agreement.
D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR
shall make available to CITY, or any of their authorized representatives, all of its records and shall
permit CITY, or any of their authorized representatives to audit, examine, make excerpts and copies
of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions or employment and ali other data requested by said representatives.
11.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CONTRACTOR shall famish such
statements, records, data and information as CITY may request and deem pertinent to matters
covered by this Agreement.
12.
MONITORING AND EVALUATION
A. CITY shall perform on-site monitoring of CONTRACTOR"s performances under this
Agreement.
B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to
ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives,
Page 6
which are attached hereto as Exhibit A, as well as other provisions of this Agreement.
C. CONTRACTOR agrees to cooperate fully with CITY in the develoPment, implementation
and maintenance of record-keeping systems and to provide data determined by CITY to be necessary
for CITY to effectively fulfill its monitoring and evaluation responsibilities.
D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in
such monitoring and to designate one of its staff to coordinate the monitoring process as requested by
CITY staff.
E. After each official monitoring visit, CITY shall provide CONTRACTOR w/th a written
report of monitoring findings.
F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of
CONTRACTOR"s funding or regulatory bodies to CITY within five working days of receipt by
CONTRACTOR.
13.
DIRECTORS' MEETINGS
During the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY
copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof.
Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include
an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and
agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings.
Minutes of all meetings of CONTRACTOR"s governing body shall be available to CITY
within ten working days of approval.
14.
INSURANCE
CONTRACTOR shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under this
Agreement.
15.
EQUAL OPPORTUNITY
A. CONTRACTOR shall submit for CITY"s approval, a written plan for compliance with
the Equal Employment and Affirmative Action Federal provisions, within 30 days of the effective
date of this Agreement.
B. CONTRACTOR shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations.
Page 7
C. CONTRACTOR wilt furnish all information and reports requested by the CITY, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, state and Federal roles and regulations.
D. In the event of CONTRACTOR"s non-compliance with the non-discrimination
requirements, CITY may cancel or terminate the Agreement in whole or in part, and
CONTRACTOR may be barred from further contracts with CITY.
16.
PERSONNEL POLICIES
Personnel policies shall be established by CONTRACTOR and shall be available for
examination. Such personnel policies shall:
A. Be no more liberal than CITY"s personnel policies, procedures, and practices, including
policies with respect to employment, salary and wage rates, working hours and holidays, fringe
benefits, vacation and sick leave privileges, and travel; and
B. Be in writing and shall be approved by the governing body of CONTRACTOR and by
CITY.
17.
CONFLICT OF INTEREST
A. CONTRACTOR covenants that neither it nor any member of its governing body presently
has any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. CONTRACTOR further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
B. CONTRACTOR further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use his position for a purpose that is or
gives the appearance of being motivated by desire for private gain for himself, or others, particularly
those with which he has family, business, or other ties.
C. No officer, member, or employee of CITY and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or carrying out
of this Agreement shall participate in any decision relating to the Agreement which affects its
personal interest or the interest in any corporation, partnership, or association in which he has direct
or indirect interest.
18.
NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is currently employed by CONTRACTOR, or is a member of
Page 8
CONTRACTOR"s governing board. The term "member of immediate family" includes: wife,
husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece,
stepparent, stepchild, half-brother and half-sister.
19.
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve, and no portion of the funds
received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political
activity (including, but not limited to, an activity to further the election or defeat of any candidate for
public office) or any activity undertaken to influence the passage, defeat or final content of
legislation.
B. None of the performance rendered hereunder shall involve, and no portion of the funds
received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the
construction, operation, maintenance or administration, or be utilized so as to benefit in any manner
any sectarian or religious facility or activity.
20.
CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly provide
that another method shall be used.
G. CONTRACTOR agrees to notify CITY of any proposed change in physical location for
work performed under this Agreement at least 30 calendar days in advance of the change.
H. CONTRACTOR shall notify CITY of any changes in personnel or governing board
composition.
21
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly perform
each of the requirements, time conditions and duties provided herein, CITY, without limiting any
rights it may otherwise have, may, at its discretion, and upon ten working days written notice to
CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail
to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the
default or failure alleged, and the action required for cure.
The period of such suspension shall be of such duration as is appropriate to accomplish
corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension
period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be
restored to full compliance status and paid ali eligible funds withheld or impounded during the
Page 9
suspension period. If however, CITY determines that CONTRACTOR has not come into
compliance, the provisions of Section 26 may be effectuated.
22.
TERMINATION
A. CITY may terminate this Agreement for cause under any of the following reasons or for
other reasons not specifically enumerated in this paragraph:
(1) CONTRACTOR"s failure to attain compliance during any prescribed period of
suspension as provided in Section 2 i.
(2) Contractor's violation of covenants, agreements or guarantees of this Agreement.
(3) Finding by CITY that CONTRACTOR:
(a) is in such unsatisfactory financial condition as to endanger performance
under this Agreement;
(b) has allocated inventory to this Agreemem substantially exceeding
reasonable requirements;
(c) is delinquent in payment of taxes, or of costs of performance of this
Agreement in the ordinary course of business.
(4) Appointment of a trustee, receiver or liquidator for all or substantial part of
CONTRACTOR"s property, or institution of bankruptcy, reorganization, rearrangement of or
liquidation proceedings by or against CONTRACTOR.
(5) The commission of an act of bankruptcy.
(6) Contractor's violation of any law or regulation to which CONTRACTOR is
bound or shall be bound under the terms of the Agreement.
CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the
effective date of termination.
B. CONTRACTOR may terminate this Agreemem upon the dissolution of
CONTRACTOR"s organization not occasioned by a breach of this Agreement.
B. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise
terminate any outstanding orders or subcontracts that relate to the performance of this Agreement.
CITY shall not be liable to CONTRACTOR or CONTRACTOR"s creditors for any expenses,
encumbrances or obligations whatsoever incurred after the termination date listed on the notice to
Page I0
terminate referred to in this paragraph.
C. Notwithstanding any exercise by CITY of its right of suspension or termination,
CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue
of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to
CONTRACTOR until such time as the exact mount of damages due to CITY from CONTRACTOR
is agreed upon or otherwise determined.
23.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any person(s),
firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice
thereof to CITY within two working days after being notified of such claim, demand, suit or other
action. Such notice shall state the date and hour of notification of any such claim, demand, suit or
other action; the names and addresses of the person(s), firm, corporation or other entity making such'
claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such
claim, action or proceeding; and the name of any person(s) against whom such claim is being made
or threatened. Such written notice shall be delivered either personally or by mail.
24.
INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is
contracting with CONTRACTOR as an independent contractor and that as such,
CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from
all liability of any nature or kind, including costs and expenses for, or on account of, any
claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in
whole or in part from the performance or omission of any employee, agent or representative of
CONTRACTOR.
B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold
harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of
these contracted funds and program administration and implementation except to the extent
caused by the willful act or omission of CITY, its agents, employees, or contractors.
25.
MISCELLANEOUS
A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other
financial institution without the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the original
Page 11
intent of both parties hereto.
C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of
CITY to insist in any one or more instances upon the terms and conditions of th.is Agreement
constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default
which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act,
or omission in any manner impair or prejudice any right, power, privilege, or remedy available to
CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of CITY may waive the effect of this provision.
D. This Agreement, together with referenced exhibits, constitutes the entire agreement
between the parties hereto, and any prior agreement, assertion, statement, understanding or other
commitment antecedent to this Agreement, whether written or oral, shall have no force or effect
whatsoever; nor shall an agreement, assertion, statement, understanding, or other commitment
occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect
whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of
this Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining
to the interpretation or meaning of any part of this Agreement or its governing roles, codes, laws,
ordinances or regulations, the CITY will have the final authority to render or to secure an
interpretation.
F. For purposes of this Agreement, all official communications and notices among the parties
shall be deemed made if sent postage paid to the parties and address set forth below:
TO CITY:
City of Denton
City Manager
215 E. McKinney St.
Denton, Texas 76201
Fax No. 940-349-8596
TO CONTRACTOR:
Boys & Girls Clubs of Denton County
Executive Director
101 North Austin, Su/te 1
Denton, Texas 76201
Fax No.
G. This Agreement shall be interpreted in accordance with the laws of the State of Texas, is
fully performable in Denton County, Texas, and venue of any litigation concerning this Agreement
shall be in a court competent jurisdiction sitting in Denton County, Texas.
This Agreement has been executed effective as of the day of
,2003 (the "Effective Date").
CITY OF DENTON
BY:
MICHAEL A. CONDUFF
CITY MANAGER
Page t2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PRO~TY, CITY ATTORNEY
BY: ~' ~~'~'
BOYS & GIRLS CLUBS OF DENTON COUNTY.
EXECUT~CTOR
ATTEST:
~ ..
BOARD SECRETARY
Page I3
EXHIBIT "A"
WORK STATEMENT
BOYS & GIRLS CLUBS OF DENTON COUNTY
Provide daily after school programming to youth ages 6 to 18 living in the Northlakes
neighborhood (census tracts 204 and 206) from 3:00 p.m. to 7:00 p.m. Monday through
Friday during the school year. The program will operate during the summer.
· Programming will include personal and educational development, health and physical
education, cultural enrichment, outdoor and environmental development, citizenship and
leadership development, and social recreation activities.
· Maintain less than or equal to a 25 children and youth to one staff ratio. However, at least
two staff should be present at ali times.
· Work with the Denton Family Resource Center and/or Denton County Health Department to
enroll uninsured members of the Boys and Girls Club on Children's Health Insurance
Program if they are not already insured.
OUTCOME MEASURES · Serve at least 20 youth per day in the after school program.
* Serve at least 20 youth per day during the summer.
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2003
DEPARTMENT: Management and Budget
ACM: Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance of the City of DeNon authorizing an agreemem between the
City of Denton, Texas and the Denton Festival Foundation for supplemental funding for the Arts
and Jazz Committee for the Denton Arts and Jazz Festival; providing for the expenditure of
funds therefore; and providing for an effective date.
BACKGROUND
$500.00 was requested from City Council comingency fund for FY2002-03 be provided to the
DeNon Festival Foundation. This will provide funding for a project or program to be done in
conjunction with the 2004 Denton Arts and Jazz Festival.
Since public funds are being provided to an outside agency, an agreemem outlining the purpose
for the expenditure and reporting requiremems on the expenditure of funds is necessary. There
is no current agreement in place with the Denton Festival Foundation; therefore, a new one needs
to be approved.
ESTIMATED SCHEDULE OF PROJECT
The agreement is to be completed by end of the 2004 Festival.
PRIOR ACTION/REVIEW
None
FISCAL INFORMATION
The agreemem is for $500.00 and is funded from City Council comingency fund 160099.7748.
EXHIBITS
Ordinance/Agreemem
Respectfully submitted:
Anna Mosqueda
Director of Management and Budget
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND THE DENTON FESTIVAL FOUNDATION FOR
SUPPLEMENTAL FUNDING FOR THE ARTS AND JAZZ COMMITTEE FOR THE DENTON
ARTS AND JAZZ FESTIVAL; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton Festival Foundation (the "Organization") provides for the annual
Denton Arts and Jazz Festival including the 2004 Festival (the "Program"); and
WHEREAS, the City Council of the City of Denton hereby finds that the Program and the
agreement between the City and the Organization attached hereto and made a part hereof by
reference (the "Agreement") serve a municipal and public purpose including the promotion of
tourism and economic development and the Agreement is in the public interest; NOW, '
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Agreement,
including the expenditure of funds as provided in the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of .. ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS.~T~, LEGAL FORM:
EULINE BROCK, MAYOR
AGREEMENT BETWEEN THE CITY OF DENTON AND
THE DENTON FESTIVAL FOUNDATION
THIS AGREEMENT is made between the City of Demon, Texas, a municipal corporation
(the "CITY"), and the Demon Festival Foundation, inc. a legal emity incorporated under the laws of
the State of Texas (the "FOUNDATION"):
WHEREAS, on September 3, 2002 the CITY and FOUNDATION entered into that certain
agreement for the 2002 calendar year to provide for services related to the promotion of tourism
which was funded with hotel and motel tax revenue (the "Hot Funds Agreemem"); and
WHEREAS, a main purpose of the Hot Funds Agreement was to help implement the annual
Demon Arts and Jazz Festival (the "Festival") held in April of 2003; and
WHEREAS, the Foundation has requested supplememal funding for the 2003 Festival in
addition to annual request for HOT funds; and
WHEREAS, the Festival and this agreement serve an important public purpose in promoting
tourism and economic development in Denton;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises comained herein, the CiTY and the FOUNDATION agree and contract as follows:
i. PAYMENT
1.1 Consideration. For and in consideration of the activities to be performed by the
FOUNDATION under this Agreement, the CITY agrees to pay to the FOUNDATION the sum of
$500.00 to be used to fund the FOUNDATION'S Arts and Jazz Committee for purposes associated
with the preparation of Festival activities, except that such funds may not be used for overhead or
employee salaries and benefits. Paymem of the funds shall be made upon the effective date of this
Agreemem. The funds provided herein are not Hotel Tax Revenue funds but are general funds of
the CITY.
ii. USE OF REVENUE
2.1 Use of Funds. For and in consideration of the payment by the CITY to the FOUNDATION of
the agreed funds the FOUNDATION agrees to use such funds only for the purpose stated in Section
1.1 above.
iii. RECORDKEEPiNG AND REPORTING REQUIREMENTS
3.1 Financial Records. The FOUNDATION shall maintain complete and accurate financial
records of each expenditure of the funds made by the FOUNDATION. Upon reasonably advance
written request of the Demon City Council, the City Manager or designate, or any other person,
shall make such financial records available for inspection and review by the party making the
request. FOUNDATION understands and accepts that all such financial records, and any other
records relating to this Agreement shall be subject to the Public Information Act, TEx. GOV'T CODE,
ch. 552, as hereafter amended.
3.2 Notice of Meetings. The FOUNDATION shall give the City Manager of the CITY
reasonable advance written notice of the time and place of all meetings of FOUNDATiON's Board
of Directors, as well as any other meeting of any constituency of the FOUNDATION at which this
Agreement or any matter the subject of this Agreement shall be considered. This provision shall not
be deemed to require the FOUNDATION to give notice of any executive session of the Executive
Committee of the FOUNDATION.
IV. TERM
4.1 Term. The term of this Agreement shall commence on the effective date and terminate
upon completion of the 2004 Festival.
V. GENERAL PROVISIONS
5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by the FOUNDATION with another private entity, person,
or organization for the performance of those services. In the event that the FOUNDATION enters
into any arrangement, contractual or otherwise, with such other entity, person or organization, the
FOUNDATION shall cause such other entity, person, or organization to adhere to, conform to, and
be subject to all provisions, terms, and conditions of this Agreement, including reporting
requirements, separate funds maintenance, and limitations and prohibitions pertaining to
expenditure of the agreed payments and hotel tax funds.
5.2 Independent Contractor. The FOUNDATION shall operate as an independent contractor
as to all services to be performed under this Agreement and not as an officer, agent, servant, or
employee of the CITY. The FOUNDATION shall have exclusive control of its operations and
performance of services hereunder, and such persons, entities, or organizations performing the same
and the FOUNDATION shall be solely responsible for the acts and omissions of its directors,
officers, employees, agents, and subcontractors. The FOUNDATION shall not be considered a
partner or joint venturer with the CITY, nor shall the FOUNDATION be considered nor in any
manner hold itself out as an agent or official representative of the CITY.
5.3 Indemnification. THE FOUNDATION AGREES TO INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE,
LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR
IN CONNECTION WITH THE PERFORMANCE BY THE FOUNDATION OR THOSE
SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH
CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR
STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF
NEGLIGENT OR INTENTIONAL ACTS OF FOUNDATION, ITS OFFICERS,
EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVlTEES.
Page 2
5.4 Assignment. The FOUNDATION shall not assign this Agreement without first obtaining
the written consent of the CITY.
5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows:
CITY FOUNDATION
City Manager
City of Demon
215 E. McKinney
Denton, TX 76201
Denton Festival Foundation, Inc.
Carol Short
Festival Coordinator
P.O. Box 2104
Denton, Texas 76202-2104
5.6 Inurement. This Agreemem and each provision hereof, and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation
of the CiTY and the FOUNDATION and their respective successors and assigns.
5.7 Application of Laws. All terms, conditions, and provisions of this Agreemem are subject
to all applicable federal laws, state laws, the Charter of the City of Demon, all ordinances passed
pursuam thereto, and all judicial determinations relative thereto.
5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes
the entire agreement between the parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or understandings, oral or written, express
or implied, between or among the parties hereto, relating to the subject matter of this Agreement,
which are not fully expressed herein. The terms and conditions of this Agreemem shall prevail
notwithstanding any variance in this Agreemem from the terms and conditions of any other
document relating to this transaction or these transactions.
5.9 Duplicate Originals. This Agreemem is executed in duplicate originals.
5.10 Headings. The headings and subheadings of the various sections and paragraphs of this
Agreemem are inserted merely for the purpose of convenience and do not express or imply any
limitation, definition, or extension of the specific terms of the section and paragraph so designated.
5.11 Severability. If any section, subsection, paragraph, semence, clause, phrase or word in this
Agreement, or application thereof to any person or circumstance is held invalid by any court of
competem jurisdiction, such holding shall not affect the validity of the remaining portions of this
Agreemem, and the parties hereby declare they would have enacted such remaining portions despite
any such invalidity.
5.12 Insurance. The FOUNDATION shall provide insurance as follows:
$500,000 Commercial General Liability, or $1,000,000 Evem Insurance, covering
all evems taking place on City-owned property
Page 3
2. Statutory Workers' Compensation and Employers' Liability
($100,000/$500,000/$100,000)
The CITY must be named as an additional insured on all policies (except Workers' Compensation)
and proof of coverage shall be submitted prior to any payment by the CITY.
EXECUTED to be effective the
__ day of ,2003.
THE CITY OF DENTON, TEXAS
By:
EULINE BROCK, MAYOR
ATTEST:
APPROVED AS TO LEGAL FORM:
By: By:
JENNIFER WALTERS,
CITY SECRETARY
HERBERT L. PROUTY,
CITY ATTORNEY
DENTON FESTIVAL FOUNDATION, INC.
By:
Chairman/Director
S:\Our Documents\Contracts\03\Festival Foundation-supplemental.doc
Page 4
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
July 15, 2003
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of Automatic External Defibrillators; providing for the expenditure of funds
therefore; and providing an effective date (Bid 2963-Automatic External Defibrillators awarded
to Cardiac Science, Inc. in the amount of $42,375).
BID INFORMATION
This bid is to purchase twenty-five Automatic External Defibrillators (AEDs), which are to be
placed at various city facilities. Selected staff members will be trained in the recognition of need
and proper use of these units. The units will only be used under emergency conditions until
paramedics arrive.
RECOMMENDATION
We recommend award of Bid 2963 to the lowest responsive bidder, Cardiac Science, Inc. in the
amount of $42,375. The low bid, Philips Medical Systems did not meet specifications. Philips
included an indemnification clause that did not comply with bid specifications. Also, the City's
bid specifications request that pads be connected to the AED unit for quicker application. Philips
indicated that their units did not have pre-connected pads.
PRINCIPAL PLACE OF BUSINESS
Cardiac Science, Inc.
Irvine, CA
ESTIMATED SCHEDULE OF PROJECT
Shipment of the defibrillators can be made fourteen days from receipt of the order.
Agenda Information Sheet
July 15, 2003
Page 2
FISCAL INFORMATION
The following departments and
Electric Administration
Electric Distribution
Electric Substations
Electric Metering
Electric Operations
Water Metering
Waste Water Lab
Waste Water Collection
Landfill
Traffic Department
Utilities Safety and Training
Training Unit
account numbers will provide funding for the AEDs:
600001.6332.9300A
600300.6332.8520A
600400.6332.5820A
600600.6332.5860A
600200.6332.5880A
630300.6332
630500.6332
640200.6332
660300.6332
352001.6332,352001.6332
630600.6332
630600.6332
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AlS-Bid 2963
O
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF AUTOMATIC EXTERNAL DEFIBRILLATORS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 2963-AUTOMATIC EXTERNAL DEFIBRILLATORS AWARDED TO
CARDIAC SCIENCE, INC. IN THE AMOUNT OF $42,375).
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
2963 1-3 Cardiac Science, Inc. Exhibit A
SECTION 2. The City Council finds that the apparent low bidder, Phillips Medical
Systems, did not meet specifications and therefore is not considered to be a responsible bidder.
SECTION 3. 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 4. 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 5. 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 6. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-BID 2963
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
July 15, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual comract
for the purchase of primer and plotter cartridges and parts; providing for the expenditure of funds
therefore; and providing an effective date (Bid 3027-Primer and Plotter Cartridges and Parts
awarded to CVR Computer Supplies in the estimated amoum of $65,904.80).
BID INFORMATION
This bid is for the annual contract to supply printer and plotter cartridges and parts that are used
by various City departmems. These items are carried in the Warehouse working capital
inventory for easy access.
RECOMMENDATION
We recommend that this bid be awarded to the lowest responsive bidder, CVR Computer
Supplies in the estimated amoum of $65,904.80. The first and second apparem low bidders were
unable to meet delivery specifications.
PRINCIPAL PLACE OF BUSINESS
CVR Computer Supplies
Haddenfield, New Jersey
ESTIMATED SCHEDULE OF PROJECT
This price agreemem will be in effect for a period of one year from the date of award and may be
extended for additional one-year periods if agreed to by both parties with all pricing, terms and
conditions remaining the same.
FISCAL INFORMATION
The items in this bid will be funded out of the Warehouse working capital accoum and charged
back to the using department.
Agenda Information Sheet
July 15, 2003
Page 2
Attachment 1: Bid Tabulation
1-AlS-Bid 3027
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF PRINTER AND PLOTTER CARTRIDGES AND
PARTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE (BID 3027-ANNUAL PRICE AGREEMENT FOR PRINTER AND
PLOTTER CARTRIDGES AND PARTS AWARDED TO CVR COMPUTER SUPPLIES IN THE
ESTIMATED AMOUNT OF $65,904.80).
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
3027 1 - 75 CVR Computer Supplies 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 ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-BID
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:::::::::::::::::::::
:::::::::::::::::::::
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
July 15, 2003
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of PVC electrical fittings and accessories; providing for the expenditure of funds
therefore; and providing an effective date (Bid 3038-PVC Electrical Fittings and Accessories
awarded to Stuart C. Irby Co. in the estimated amount of $243,565.35).
BID INFORMATION
This bid is for the annual contract to supply PVC Electrical Fittings and Accessories for Denton
Municipal Electric. These items are carried in the Warehouse working capital inventory for easy
access.
RECOMMENDATION
We recommend that this bid be awarded to Stuart C. Irby Co. in the estimated amount of
$243,565.35.
PRINCIPAL PLACE OF BUSINESS
Stuart C. Irby Co.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of one year from the date of award and may be
extended for additional one-year periods if agreed to by both parties with all pricing, terms and
conditions 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
July 15, 2003
Page 2
Attachment 1: Bid Tabulation
1-AlS-Bid 3038
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
0
o~
o~
X X
m, m, m
W W W
X
3333333 3333333 33333311 33333311
3333333 3333333 333333~ 333333~
5 5
X X
m, m, m
LLI LLI LLI
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF PVC ELECTRICAL FITTINGS AND ACCESSORIES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 3038-PVC ELECTRICAL FITTINGS AND ACCESSORIES
AWARDED TO STUART C. IRBY CO. IN THE ESTIMATED AMOUNT OF $243,565.35).
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
3038 1- 53 Stuart C. Irby 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 ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-BID 3038
LIJ
X
m, m m
icl
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
July 15, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager or his designee to execute
Change Order Four to the contract between the City of Denton and Texas Electric Utility
Construction, Inc.; providing for the expenditure of funds therefore; and providing an effective
date (Bid 2840-Hwy 380 Water and Sewer Relocation Change Order Four in the amount of
$103,422.13).
BID INFORMATION
This Change Order includes open cut construction of approximately 1,540 linear feet (LF) of 10-
inch sanitary sewer line across the TWU campus from the TWU steam plant to the intersection
of Oakland Street and Austin Street as shown on Exhibit I. This project was originally included
in the Wastewater CIP as part of the Replace Sewer Lines - TWU N. Sewer & Austin Street
project. A proposal for this portion of the work was solicited from Texas Electric Utility
Construction with the intent to add this work to the Hwy 380 Water and Sewer Relocations
project since this location connects to the Hwy 380 project location. This will also allow the
City to take advantage of the favorable unit prices established as a part of this job for most of the
line items in the proposal.
Council originally approved this bid on July 16, 2002 in the amount of $1,313,483.95
(Ordinance 2002-214). Change Orders 1, 2, and 3 in the total amount of $31,636.69 were each
under $25,000 so they did not have to be approved by Council. The total amount of the contract
including all Change Orders will be $1,448,542.77.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board will consider this item at its July 7, 2003 meeting.
RECOMMENDATION
We recommend award of Change Order Four to Texas Electric Utility Construction, Inc. in the
amount of $103,422.13.
STAFF ESTIMATE
The staff estimate for this change order was $160,000.
Agenda Information Sheet
July 15, 2003
Page 2
PRINCIPAL PLACE OF BUSINESS
Texas Electric Utility Construction, Inc.
Sherman, TX
ESTIMATED SCHEDULE OF PROJECT
This project is scheduled to be completed by August 2003.
FISCAL INFORMATION
This Change Order will be funded from account 64000300.1341.21130.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Change Order Four
1-AlS-Bid 2840
Attachment 1
~, ~ CITY OF DENTON CHANGE ORDER
1. Division (Engineering) 2. P~cl-,ase Order No, 106447 3. Change Orcler No.'4 --
'"4. Neme of Project HWY 380. 5~ Project Acct No. 64~04200. 6. OetePrcpared6.11.03 -
'Name and Addre'ss of Cont~c~- Texas ESeciri¢"U§ti~y Construction '-
P.O. Box 2211
Sherman, TX. 75092
~..DescriPtion of Work I~tcluded in Con~,%~{" ' Uti!~ Relocation Proiect.'
8. .Chancres .orcfe~-e~ and m~orr Ordam,~: A~G,~ 10" PVC sewer a~.'~aa-the TWO ca.re.ps from ~ steam plant lo Oakland St
9. ConVict Changes Bi¢t [tern Odginal C,~;,[~a,~[ Revised Ne~Miated ' Original Revisecl
No Estimated Unit Price Es'&mete C,O. Unit Estimated Estimated
. ~,=~fibf q,.,.=n~f Price C~ Cost
co~:act0rs w~r,a~ties-~, ~x~ o o ~LS,
Understandings
10" PVC SDR35 e,,m;.'ct Exlra (~" 0 1540 $30.26 0 $46,600.40--
.. LFT,
Concrete Saw ~ut ~,~a 0 0 1650 $1.0~ 0 31,716.00
LFT.
Remove Conc, Ex~'a 0 0 405,2~' $5,80 0 ~2,350.28
Jm~rtOvernents ,
~r,s;all Concrete ~,-~, 0 0 344.72
Pavemen[ Sy.
Install Concrete Sidewalk "Extra' 0' 0 ~:~3".~ SY. $32.4S 0' $1,96§,04
& V ditch
Drop Manhole - Extra 0 0 1EA. $1,334.10 'b $1~334.10
Manhole Extra" 0 0 8 FA. $1,334.10 0 310.672.00
Remove' & Replace Cur~' Extra '~) 0 13~'LFT.
& Gutter
Abandon Man~e' Extra' ' (} 0 ........ '~ FA. $4~6.03 0' S406.03 "'
- Ex~'~,elJc~ Prote¢~n Extra 0 0 1540 $1,1S 0 $1",786.40
Temp. Eras~o,-, C~ntror Extra 0 0' 1540 $1.10 0 51,694.00
~atric~es. Warning" LFT.
Extra 0 0 ~ L$ $4,650,00 0 $4,S~O.00
_Sign,s
Misc. Landscape ~nd Ex~ 0 0 ...... 1 IS $:~,000.00 0 ' $3,000.O0
Sprinklers
18" Odvewsy ~sing " Extra'
0 ~ LFT $100.O0 0 ~5,0b0,00
Open Cut,
24" Bore An~ Casing ..... EXtra 0 0'~ 10 LFT. $~32.00 0 S3,:~:~0,00
TOTAL $103,4Zg.1'3
10. Original Cootract Price $1,345.120.64 Increase in conltact pdce 3103~422,
New Conttar, t Price $1,448,542.77 Decrease in conffa~ price N/A
11. Con[tact tlme incm. ased by 30 days. New contract time 232 ~tays.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
CHANGE ORDER 4 TO THE CONTRACT BETWEEN THE CITY OF DENTON AND TEXAS
ELECTRIC UTILITY CONSTRUCTION, INC.; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2840- HWY 380
WATER AND SEWER RELOCATION CHANGE ORDER FOUR iN THE AMOUNT OF
$103,422.13).
WHEREAS, on July 16, 2002 by Ordinance No. 2002-214, the City awarded a public works
contract to Texas Electric Utility Construction, Inc., in the amount of $1,313,483.95 for the Hwy
380 Water and Sewer Relocation project;
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that a change order be authorized to amend such contract agreement with respect to the
scope of work and an increase in the payment amount, and said change order amount together with
prior change orders do not exceed 25% of the original contract amount; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Change Order No. Four, increasing the amount of the contract
between the City and Texas Electric Utility Construction, inc., which is on file in the office of the
Purchasing Agent, in the amount of One Hundred Three Thousand Four Hundred Twenty Two and
13/100 ($103,422.13) Dollars, is hereby approved and the expenditure of funds therefore is hereby
authorized in accordance with said change order. The total purchase order amount increases to
$1,448,542.77.
SECTION 2. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
day of .,2003
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULiNE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 2840 Change Order Four
1
2
3
4
5
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
DRAFT
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING MINUTES
July 7, 2003
9:00 A.M.
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, July 7,
2003, 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 Norton, Rob Rayner, Dick
Smith and Don White
EX OFFICIO MEMBERS
Mike Conduff, City Manager
ABSENT: Bill Cheek
CONSENT AGENDA:
1)
Consider approval of Bid No. 3011 to Can-Fer Construction Company, Inc. for the
construction of the Cooper Creek Lift Station project, in an amount not to exceed
$1,225,259.25.
2)
Consider approval of a proposal from Texas Electric Utility Construction for the
construction of a 1 O-inch sanitary sewer across the TWU campus, in an amount not to
exceed $95,102.13.
Board Member George Hopkins moved to approve Consent Agenda Items 1 and 2
with a second from Board Member Dick Smith. The motion was approved
unanimously.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
July 15, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Tonya Demerson 349-8129
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager to execute Change Order
Number One to the contract between the City of Denton and Xerox Corporation; providing for
the expenditure of funds therefore; and providing an effective date (Ordinance No. 2001-077;
Purchase Order 13131 to Xerox Corporation for the lease of a Xerox 2060 Digital Press in the
amoum of $706,852.20 plus $.0731 per color copy and $.0307 per black and white copy for each
copy over 60,000 per month and File 3051-Change Order Number One in the deduct amoum of
$123,553.20 for a total amount of $583,299).
BID INFORMATION
Due to the reduction in departmemal budgets, full color copying on the Xerox 2060 has
decreased. This makes the current volume plan too costly. In an effort to further reduce costs,
and still provide full priming services, the monthly volume plan can be reduced. The reduction
over the remainder of the lease, which expires in February 2006, will be $123,553.20.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Xerox 2060 contract was originally approved by Council on February 20, 2001 in the total
amoum of $706,852.20 plus $.0731 per color copy and $.0307 per black and white copy for each
copy over $60,000 per month (Ordinance 2001-077).
RECOMMENDATION
We recommend award of Change Order One to the Xerox DocuColor 2060 Lease in the deduct
amoum of $123,553.20.
PRINCIPAL PLACE OF BUSINESS
Xerox Corporation
Irving, TX
ESTIMATED SCHEDULE OF PROJECT
This Change Order will affect the remainder of the lease agreemem, which expires in February
2006.
Agenda Information Sheet
July 15, 2003
Page 2
FISCAL INFORMATION
Funding for this Change Order is budgeted in Reprographics account 830100.6306.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Change Order to Xerox Lease Contract
1-AlS-File 3051
Attachment
LEASE AGREEMENT
Cmtemer Legal Name (Billlo) City of Denton
Name Overflow (if needed) Accounts Payable
Street Address 215 E Mckirmey St
BoxI/Aloufing
City. State Demon, TX
Zip Code 76201-4299
Tax II~
Customer Name (Install) City of Denton
Nan~ Overflow (if needed)
Installed at Sireet Address 215 E Mckinney St
Flo~dRooro-/Routing Basement
City, State Demon, TX
Zip Code 76201-4299
County In~katled In Denton
Custom~ Requested Imtalt Date 07A)1/2003
~ I'H~. I )OCUMENT COMPAN'Y
XEROX.
Check all that apply
~ Tax Exempt (Sales Tax Exemption Certificate attached)
[] Assoc./Coop. Name:
[]Negotiated Contract #: [] DSA Contract #: -
[] Value Added Services:
[] Attached Customer RO. #s: Supplies:
Lease:
[] Skate or Local Government Custorm,
Int. Rate: % Tonal Ink Payable: $
[] ReplaeementdVlodiilcation of Prior Xerox Agreement
Agreement covering Xerox Equipment Serial# (or 95#): 95099:5803
is hereby [~]medified [] replaced Effective Date: 07/01/2003
Corn_meats: Cust Per Copy SAM g304693
Lease Information Lease Term: 23160
months
]~-]Supplies included in Base/Print Charge~
[] Refin. of Prior AgrnU. ,.C'] Xerox (9~):
Amt Refin: $ Iht Rale: %
[] 3rd Party
Total Im Payable: $
Lense Pavlnent Information
Product Purchase Down Prey Fin'l
(with serial number, if in place equipment) Option Paltment Imtall lnterm
DC2060P -'~'~17324430 '" $ ; '[~ []
$.
$ $6,519.55 : MINIMUM LEASE PAYMENT (excl. of applic, taxes)
Price luformation
[] ~Xdlustment Period
P~iod A - Mos. Affected:
Min. 1,ease Payment Fret~..
~_.xiod~c, o~cla~iog o.c~$ meter charges}
[] Morably . []Quarterly
[] Serm-Annua] I--IAanual
[] omer
Mira Lem;e Payment Mode
[--] Advanee [] Allears
Period B - Mos. Affected:
Periodic Base Charge $6,519.55 Periodic Base Charge
Pnnt Charge Meter 1: Print Charge Meter 1:
lhints 1 - 25000 {$ Prints I -
Prints 25001 - +~ $A017
Prints
Pant Charge Meter 2:
l~ints l - + $.0212
Prints
Periodic Mir~# of Prints
(based on Meter I Print Charges)
25,000
Per'iodic Base Charge
Print Charge Meter I:
Prints 1 -
prims ~ Prints
Print Charge Meter 2: ~-'Charge Meter 2:
Prints I - Prints 1 -
Prints ~
Periodic Min.# of Pants
(baaed on Metex 1 Print Chaxges)
Periodic MLtz~t of Prints
(based on Meter 1 Print Charges)
[] Purchased Su ~lies [] C~h [] Fin'd
Reorder # qty DesCription Pri~e ,,.
$.
$
$
$
roml Price = $
[] Trade-In Allowance
Manufackaer
Total Allowance Applied to:
Agreement Presented By:
Xcmx Name; Itera Pockrus
Mode[/ Final
S~ia[ # Princitml Payment #:
1,
Total Allowanoe =
[]Trade.in Equip. Balance:
[]Price of Reptcnmt. Equip.:
Allowance
$
$
By:
304693 Lhac:
[] Application Software
Software Title
Total Initial License Fees =
[] K-16 Billing
Suspension
{check 1 a* mqtared)
Months affected
[] June only
[] July only
[] Ang~st only
[] luv-e - .Inly
[] July - August
e~ Finanee urroo[t Only
Additional Options (c,,.heck all that apply)
[] Run Length Plan F"'ffiFixed Price Plan
[] Per-Foot Pricing
[] Extmaded Service Hours:
Description: / $__mo.
[] Attached Addenda:
[] Othe~ Addenda:
AGREEMENT C(.)NSiS'I'S OF ]'HIS F^Ct'; AND TERMS ON
ADDITIONAL A'FFACHED PM;ES
Cusl.mer Name: Tgpva Demerson
Signature: X Pht)lle: 940-349-8129
(b'~.~,nal,rt~ af Aulh,ri~ed Si.','ne~ )
'Iil],': Da[e:
19Mail:
DoeuBroker Form~ 51960 (05/2003) 6,'d4g003 Page I of 5
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER
ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND XEROX CORPORATION;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (ORDINANCE NO. 2001-077; PURCHASE ORDER 13131 TO XEROX CORPORATION FOR
THE LEASE OF A XEROX 2060 DIGITAL PRESS IN THE AMOUNT OF $706,852.20 PLUS $.0731 PER
COLOR COPY AND $.0307 PER BLACK AND WHITE COPY FOR EACH COPY OVER 60,000 PER
MONTH AND FILE 3051-CHANGE ORDER NUMBER ONE IN THE DEDUCT AMOUNT OF
$123,553.20 FOR A TOTAL AMOUNT OF $583,299).
WHEREAS, on February 20, 2001 by Ordinance No. 2001-077, the City awarded a contract to Xerox
Corporation, Inc., in the amount of $706,852.20 plus $.0731 per color copy and $.0307 per black and white
copy for each copy over 60,000 per month for the lease of a Xerox DocuColor 2060 copier;
WHEREAS, the Staff having recommended, and the City Manager having recommended to the
Council that a change order be authorized to amend such contract agreement with respect to the scope of work
and a decrease in the payment amount, and said change order fees under the proposed contract are fair and
reasonable and are consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Change Order No. One, decreasing the amount of the agreement between the City
and Xerox Corporation, which is on file in the office of the Purchasing Agent, in the amount of One Hundred
Twenty Three Thousand five hundred fifty three and 20/100 (123,553.20), is hereby approved and the
expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase
order amount decreases to $583,299.
SECTION 2. That this ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the
__ day of, 2003
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3051
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
July 15, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance providing for the expenditure of funds for the emergency
purchase of contract work and equipment to repair storm damage to DME equipment located on
Bonnie Brae Street in accordance with provisions of State Law exempting such purchases from
requiremems of competitive bidding; and providing an effective date (File 3049-Additional
Emergency Services for Bonnie Brae Power Outage awarded to Garland Power and Light in the
amoum of $30,024.66).
FILE INFORMATION
On May 6, 2003, a severe thunderstorm with high winds estimated around 80 miles per hour
blew down and fractured twemy-six 69kV transmission poles. The poles carried two main
distribution feeder circuits along the east side of Bonnie Brae Street from US 380 to the North
Lake Substation at Riney Road. The winds also blew down nine distribution poles along
Interstate 35N.
Emergency comract utility crews from Garland Power and Light worked along with DeNon
Municipal Electric's crew to clear the debris and rebuild the damaged electrical facilities. This
invoice is for wood poles, insulators, conductors, and labor. All customers affected by the storm
damage had their power restored by 8:30 a.m. on Wednesday, May 7, 2003 with the exception of
six customers that DME provided portable generators until their power was restored on May 8,
2003.
RECOMMENDATION
We recommend approval of this item in the amoum of $30,024.66.
PRINCIPAL PLACE OF BUSINESS
Garland Power and Light
Garland, TX
ESTIMATED SCHEDULE OF PROJECT
The emergency repairs have been completed.
Agenda Information Sheet
July 15, 2003
Page 2
FISCAL INFORMATION
This item will be funded from accounts 60054700.1360.3550 and 60054800.1360.3640.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment
1-AIS-File 3049
1: Memorandum from DME
2: Invoice from Garland Power and Light
TON
IPAt
ELECTRIC
Energizing tomor~ow's comm-~niO' toda3,/
Attachment 1
90 t-A Texas ,Street
'Denton, Texas 76201
To:
From:
Date:
Subject:
Tom Shaw, Purchasing Agent
Ray Wells, Assistant Director System Operations
June 17, 2003
Storm Related Emergency Services
The attached invoice from Garland Power and Light in the mount of $30,024.66 is for emergency services provided for
the Bonnie Brae storm damages. This purchase was for wood poles, insulators, conductors and labor.
Please include this on the July 15t~ City Council Agenda for approval.
Attachment 2
Office Address: Phone:
1755 Gasoline Alley Fax:
Garland, TX 75040
972/205-3448
972/205-3575
G Ri_AND
Power & Light
IN ACCOUNT WITH: City of Denton Electric Department for material and labor requested as a result
of downed Transmission and Distribution lines by a storm on May 6, 2003.
ATTN: Danny Scott or Pete Shaw
DATE:
INVOICE#:
Item
Quantity
Unit Price Totals
75' CL 1 Wood Poles 18
Insulator 69KV Line Post 34
Clamp Conductor 1.0 to 1.5 46
Bolt Machine W' X 14" w/nut 25
Bott Machine %" X 16" w/nut 25
GP&L Labor Hours
t,278.44 23,011.92
132.35 4,499.90
9.60 441.60
t .36 34.00
1.54 38.50
Subtotal $28,025.92
Totals
Crew Foreman- ID# 4220
8 Hrs Reg
5 Hrs OT
Jr. Lineman- ID#5950
Jr. Lineman- ID#2164
3 Hrs Reg
3 Hrs Reg
Appr. Lineman- ID#5665
8 Hfs Reg
5 Hrs OT
Jr. Lineman- ID#4397
8 Hrs Reg
5 Hrs OT
Jr. Lineman- II)#2656
8 Hrs Reg
5 Hrs OT
Meals for GP&L Employees ~ 6:53:00 on May 7, 2003
ID# 4220, 5665, 4397, 2656
Subtotal
TOTAL
505.44
96.16
89.61
323.01
496.85
445.87
41.8O
$1,9..98.74
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
EMERGENCY PURCHASE OF CONTRACT WORK AND EQUIPMENT TO REPAIR
STORM DAMAGE TO DME EQUIPMENT LOCATED ON BONNIE BRAE STREET IN
ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (FILE 3049-ADDITIONAL EMERGENCY SERVICES FOR BONNIE
BRAE POWER OUTAGE AWARDED TO GARLAND POWER AND LIGHT IN THE
AMOUNT OF $30,024.66).
WHEREAS, state law and ordinance require that certain contracts requiring an
expenditure or payment by the City in an amount exceeding $25,000 be by competitive bids,
except in the case of public calamity where it becomes necessary to act at once to appropriate
money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to
public property, machinery or equipment or where the procurement is necessary to preserve or
protect the public health or safety of the city's residents under Section 252 of the Local
Government Code; and,
WHEREAS, the City Manager has recommended to the City Council that it is necessary
to purchase goods or services due to the following emergency conditions outlined in the
memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE,
THE COUNCIL OF THE CiTY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby determines that there is a public calamity that
makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of
the city, or to provide for unforeseen damage to public property, machinery or equipment, or to
preserve or protect the public health or safety of the city's residents and by reason thereof, the
following emergency purchases of materials, equipment, supplies or services, as described in the
"File Number" referenced herein and on file the office of the Purchasing Agent, are hereby
approved:
FILE
NUMBER
3049
VENDOR
Garland Power and Light
AMOUNT
$30,024.66
SECTION 2. Because of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the amounts therein stated, such
emergency purchases being in accordance with the provisions of state law exempting such
purchases by the City from the requirements of competitive bids.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3049
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
July 15, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Charles Fiedler 349-8948
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of the Cooper Creek Lift Station; providing for the expenditure of
funds therefore; and providing an effective date (Bid 3011-Cooper Creek Lift Station awarded to
Can-Fer Construction Company, inc. the amount of $1,225,259.25).
BID INFORMATION
The Cooper Creek Lift Station project consists mainly of the construction of a replacement lift
station for the existing facility located on Mayhill Road just north of Audra Lane. Construction
of the new lift station will include the structure, three new 2800 gallon per minute (GPM)
capacity pumps, new electrical switchgear and ancillary items. The existing lift station was
identified for rehabilitation/replacement in a study of the system mandated by the current
USEPA Administrative Order and the City's Master Plan.
Bids for the construction phase of this project were received on June 19, 2003. There were eight
bidders, with bids ranging from a low base bid of $946,925.25 to a high base bid of $1,366,040.
The low bidder for the project, Can-Fer Construction Company, inc. appears to meet all of the
requirements for the qualified low bidder.
Also included in this project was an additive alternate item for the construction of 3200 linear
feet of 24-inch force main to serve the lift station and replace the existing 16-inch force main.
Can-Fer Construction Company, inc. has offered to provide the force main complete in place,
based on the schematic plans provided with the lift station drawings, for a total amount of
$278,334. Therefore, staff is recommending that the additive alternate be included in the bid
award, resulting in a total contract amount of $1,225,259.25.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board will consider this item at its July 7, 2003 meeting.
RECOMMENDATION
We recommend that Bid 3011 be awarded to Can-Fer Construction Company, Inc. in the base
bid amount of $946,925.25 plus the additive alternate bid in the amount of $278,334 for a total of
$1,225,259.25.
Agenda Information Sheet
July 15, 2003
Page 2
PRINCIPAL PLACE OF BUSINESS
Can-Fer Construction Company, Inc.
Dallas, TX
STAFF COST ESTIMATE
The engineer's estimate for this project including the additive alternate was $1,600,000.
ESTIMATED SCHEDULE OF PROJECT
This project is scheduled to begin August 2003 with an estimated completion date of May 2004.
FISCAL INFORMATION
This bid will be funded from account 64000400.1341.21130.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1 :Tabulation Sheet
1-ALS-3011
0
0 '~-
~'q ~,D
0
E~ z
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE COOPER CREEK LIFT STATION;
PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN
EFFECTIVE DATE (BID 3011-COOPER CREEK LIFT STATION AWARDED TO CAN-FER
CONSTRUCTION COMPANY, iNC. THE AMOUNT OF $1,225,259.25).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
3011 Can-Fer Construction Company, Inc. $1,225,259.25
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of .,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 3011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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DRAFT
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING MINUTES
July 7, 2003
9:00 A.M.
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, July 7,
2003, 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 Norton, Rob Rayner, Dick
Smith and Don White
EX OFFICIO MEMBERS
Mike Conduff, City Manager
ABSENT: Bill Cheek
CONSENT AGENDA:
1)
Consider approval of Bid No. 3011 to Can-Fer Construction Company, Inc. for the
construction of the Cooper Creek Lift Station project, in an amount not to exceed
$1,225,259.25.
2)
Consider approval of a proposal from Texas Electric Utility Construction for the
construction of a 1 O-inch sanitary sewer across the TWU campus, in an amount not to
exceed $95,102.13.
Board Member George Hopkins moved to approve Consent Agenda Items 1 and 2
with a second from Board Member Dick Smith. The motion was approved
unanimously.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
July 15, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Tonya Demerson 349-8129
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance awarding a comract for the lease of services, software,
hardware, and annual maintenance for the installation and support of Xerox DocuPrint 92C
Network Printing system as awarded by the State of Texas Building and Procurement
Commission through the Qualified Information Service Vendor (QISV) Catalogue Program;
providing for the expenditure of funds therefore; and providing an effective date (File 3050-
Lease of Xerox DocuPrint 92C Network Printing System awarded to Xerox Communication in
the total 60 month lease amoum of $274,869.60).
FILE INFORMATION
This item is a replacemem for a piece of aging and outdated equipmem. The currem Xerox 4850
Printing System was leased in 1998 and has been used primarily to print utility bills at a rate in
excess of 128,000 bills per month. The Xerox 4850 prims highlight color at 300 x 300 dpi
resolution at a rate of 50 pages per minute. Due to the age of the machine and advancements in
technology, the Xerox 4850 is becoming more costly to maintain, prints at a slower rate, and has
a lower level of resolution. The Xerox DocuPrint 92C Network Printing System will increase
the prim resolution to 600 x 600 dpi and prim 92 pages per minute thus meeting the needs of our
utility billing system.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Xerox 4850 lease purchase was approved by Council on June 2, 1998 (Ordinance 98-150)
with a final buyout in 2001. The lease purchase included a Xerox 4850 Color Laser PriMer, NPS
bi-mod kit for the Xerox 4050 primer and maimenance for each item.
RECOMMENDATION
We recommend approval of the contract for the lease of the Xerox DocuPrint 92C Network
Printing System for a 60-month term at a cost of $15,996.12 for the remainder of the current year
and $274,869.60 for the total cost of the contract.
PRINCIPAL PLACE OF BUSINESS
Xerox Corporation
Irving, TX
Agenda Information Sheet
July 15, 2003
Page 2
ESTIMATED SCHEDULE OF PROJECT
This will be a 60-month lease, which will begin upon delivery of the priming system.
FISCAL INFORMATION
This item will be funded from Reprographics accoum 830100.6504.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1:
Attachment 2:
1-AlS-File 3050
Proposal from Xerox
QISV Letter
Attachment 1
[] Do not extend 2060
[] Reduce volume plan on 2060 to 25K per month*
[] Install 92C highlight color printer on a 60 month lease
[] Trade-in both the 4850 'and 4050 printers
Monthly base payment for 2060 and Fiery with 25K volume: $7,902.99 (2x5 service)
Any color overages at $. 1004 and all black and white at $. 0209 O~zxed)
Based on current volume overage costs would be $502
92C Highlight Color base per month: $3,822.16 (includes 2x5 service)
All prints billed at $. 0055 per impression. At your current monthly volume your
average monthly print charge would be $ 707. 48.
Total monthly cost: $12,934.63
Monthly savings: $1,271.78
*Pending Xerox Controller's at~Froval
May 6, 2003
Attachment 2
THE DOCUMENT' COMPANY
XEROK
lira Cmmo~
Contract Manager
Public Sector - Southern Operations
June 30, 2003
Mr. Tom Shaw
Director of Purchasing
City of Denton
215 E. McKinney St. ~
Denton, TX 76201
Dear Mr. Shaw:
Thank you for considering Xerox for your equipment needs. Please know that we
view this opportunity as a chance to foster a long time relationship in which we will
strive to fully satisfy all your business equipment and service requirements.
The Xerox 92C Printer that you are considering is being priced to the City of Denton
through the Texas QISV Contract and its term and condltions with the State of
Texas.
Thanks again for your business and we hope this is a long relationship. If you need
anything else, please feel free to contact Hera Pockrus or myseff.
Yours tru~
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE OF SERVICES, SOFTWARE,
HARDWARE, AND ANNUAL MAINTENANCE FOR THE INSTALLATION AND SUPPORT
OF XEROX DOCUPRINT 92C NETWORK PRINTING SYSTEM AS AWARDED BY THE
STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE
QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE PROGRAM;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (FILE 3050-LEASE OF XEROX DOCUPRINT 92C NETWORK PRINTING
SYSTEM AWARDED TO XEROX COMMUNICATION IN THE TOTAL 60 MONTH LEASE
AMOUNT OF $274,869.60).
WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92-
019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083
of the Texas Local Government Code which authorizes the City to participate in the State Purchasing
Building and Procurement Commission Qualified Information Service Vendor Catalogue Purchase
Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "QISV
Catalogue"); and
WHEREAS, the herein described vendor is a qualified vendor in the QISV Catalogue and the
contract authorized by this ordinance is in the best interests of the City and complies with the
requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QISV Catalogue
purchase; 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. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the
office of the Purchasing Agent, are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3050 Xerox Corporation $274,869.60
SECTION 2. 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 the Building
and Procurement Commission 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 the
Services Commission, and the purchase orders issued by the City.
SECTION 3. 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 General Services Commission, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written contract
is in accordance with the terms, conditions, specifications and standards contained in the Proposal
submitted to the General Services Commission, quantities and specified sums contained in the City's
purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above numbered items set forth in the
subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance with the approved purchase orders or pursuant to a written contract made
pursuant thereto as authorized herein.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: k
3-ORD-File 3050
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
July 15, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Ross Chadwick 349-8830
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
purchase of temporary employment services to process EMS billing for the City of Denton Fire
Department; providing for the expenditure of funds therefore; and providing an effective date
(Bid 3037-Temporary Employment Services for EMS Billing awarded to Triangle Temporaries,
Inc. in the estimated amount of $20,000).
BID INFORMATION
The City of Denton Fire Department has been using temporary employees to assist their EMS
Billing Division since the beginning of the 2002-03 fiscal year. By providing data entry support,
the temporary staffing has freed up other staff to perform follow up on insurance and Medicare
payments. This has allowed us to collect $100,000 more than last year, however EMS
collections are still under budget for the current year. As of June 13, 2003, the cost for using the
temporary employees was $23,039.60. Therefore, bids were solicited to obtain competitive
pricing to continue the use of temporary personnel for the remainder of the year.
RECOMMENDATION
We recommend that Bid 3037 be awarded to Triangle Temporaries, Inc. in the per hour amount
of $10.48/hour for an estimated total amount of an additional $20,000.
PRINCIPAL PLACE OF BUSINESS
Triangle Temporaries, Inc
Denton, TX.
ESTIMATED SCHEDULE OF PROJECT
The temporary services will begin immediately after Council approval and continue until the end
of this fiscal year.
FISCAL INFORMATION
This service will be funded from Fire Department account 320100.7868.
Agenda Information Sheet
July 15, 2003
Page 2
Attachment 1: Bid Tabulation Sheet
1-AlS-Bid 3037
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF TEMPORARY EMPLOYMENT SERVICES TO PROCESS EMS BiLLiNG
FOR THE CITY OF DENTON FIRE DEPARTMENT; PROViDiNG FOR THE EXPENDITURE
OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3037 -
TEMPORARY EMPLOYMENT SERVICES FOR EMS BILLING AWARDED TO TRIANGLE
TEMPORARIES, iNC. iN THE ESTIMATED AMOUNT OF $20,000).
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
NUMBER VENDOR AMOUNT
3037 Triangle Temporaries, inc. $10.48/hr.
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 ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
July 15, 2003
Parks and Recreation
Howard Martin ~
SUBJECT:
Consider an ordinance of the City of DeNon, Texas, approving a lease agreemem
between the City of Denton, Texas and the Denton Soccer Association pertaining to the
construction, operation and use of a new building at the North Lakes Park soccer
complex; and providing an effective date.
BACKGROUND:
The DeNon Soccer Association (DSA) has requested the City's permission to build,
operate and use a new building to be located within North Lakes Park at the soccer
complex. DSA wishes to provide, at its own expense, additional restroom, concession,
meeting and storage space at the soccer complex to address its rapidly growing programs.
In addition, the new building would be the business location of the organization. DSA has
long been a City-sponsored athletic association, managing activities not traditionally
provided by the City of Demon.
DSA will be the primary user of the building, and its schedule and activities will be given
priority over other uses by the City. However, the City is guarameed the right to use the
building for storage and meetings in accordance to a schedule that will be negotiated
annually.
The 3500 square-foot building will cost approximately $250,000 to construct and furnish.
DSA will be responsible for all utilities, custodial services and routine maimenance and
repairs over the 30-year term of the proposed lease. The City will be responsible for
grounds maimenance around the building and will cover the costs of supplies and
services related to the City's use of the building.
DSA has agreed to the City's requiremems for indemnification and insurance. The City
will include the building under its currem property loss insurance program.
OPTIONS
The Council may choose to approve the lease agreemem with DSA, modify it or reject it.
Approval of the lease agreemem will allow DSA to move forward with their efforts to
construct the facility.
RECOMMENDATION:
Staff recommends approval of the proposed agreement.
ESTIMATED SCHEDULE OF PROJECT:
If approved, DSA expects to complete construction and occupy the building in spring
2004.
PRIOR ACTION/REVIEW:
The Parks, Recreation and Beautification Board recommended approval of the agreement
at its meeting on June 23, 2003.
FISCAL INFORMATION:
No new costs to the City will result from the Council's approval of the proposed
agreement.
EXHIBITS: 1 Ordinance
2 Agreement
3 Map
4 Park Board Minutes
Respectfully submitted:
Janet Simpson, Interim Director
Parks and Recreation Department
Prepared by:
Bob Tickner, Superintendent
Parks and Recreation Department
F:\admin\City Council\2003\DSA Building Lease CC Agenda Sheet\DSA lease Agenda Info Sheet.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON APPROVING A
LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON
SOCCER ASSOCIATION PERTAINING TO CONSTRUCTION, OPERATION AND USE OF
A NEW BUILDING AT THE NORTH LAKES SOCCER COMPLEX; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City is the owner and operator of a municipal park known as North
Lakes Park which is located in the City of Denton, Denton CoUnty, Texas (the "Park"); and
WHEREAS, the Denton Soccer Association (the "Association") provides a valuable
public parks and recreation service by providing youth soccer activities for the citizens of the
City; and
WHEREAS, the City's Park and Recreation Department has a long standing relationship
with the Association in coordinating such youth soccer activities to obtain the maximum benefit
for the recreational needs of the citizens of the City; and
WHEREAS, the Association has offered to build and operate, at its own expense, a
building at the Park's soccer complex to be used jointly by the City and the Association to
provide parks and recreational services to the public; and
WHEREAS, the City and Association desire to enter into a Lease Agreement in
substantially the same form as the agreement attached hereto and made a part hereof by reference
(the "Agreement"); and
WHEREAS, the City Council finds that the Agreement is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council of the City of Denton hereby approves the Agreement
and authorizes the City Manager, or his designee to execute it on behalf of the City of Denton
and to carry out the City's rights and duties under the Agreement including the expenditure of
funds provided for in the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the __
day of ., 2003.
EXHIBIT 1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINEBROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L.
BY:
ORNEY
LEASE AGREEMENT
FOR
CITY PARK FACILITIES
This agreement is made and entered into by and between the City of Denton,
Texas, a home rule municipality (the "City"), and Denton Soccer Association, a Texas
non-profit corporation (the "Association'), as of the Effective Date as hereinafler
provided.
WHEREAS, the City is the owner and operator of a municipal park known as
North Lakes Park which is located in the City of Denton, Denton County, Texas (the
"Park"); and
WHEREAS, the Association provides a valuable public parks and recreation
service by providing youth soccer activities for the citizens of the City; and
WHEREAS, the City's Park and Recreation Department (the "Department") has a
long standing relationship with the Association in coordinating such youth soccer
activities to obtain the maximum benefit for the recreational needs of the citizens of the
.City; and
WHEREAS, the Association has offered to build and operate, at its own expense,
a building (the "Building") at the soccer complex at the location shown on Exhibit "A"
attached hereto and made a part hereof by reference (the "Building Area") to be used
jointly by the City and the Association to provide parks and recreational services to the
public; and
WHEREAS, the City and Association have entered into this Agreement to set
forth the terms and conditions of the construction, operation and use of the Building;
Now, therefore, in consideration of the mutual Covenants contained herein the
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Lease Term. Subject to the terms and conditions contained herein, the
City leases to the Association the Building Area for a term of 30 years commencing on
the Effective Date (the "Primary Term"). After the Primary Term the Association at its
option may lease the Building Area for two successive 10 year terms on the same terms
and conditions as the Primary Term. In order to exercise its option the Association is not
required to take affirmative action; however, if the Association does not desire to exercise
its option, written notice of such intent not to exercise its option must be given to the City
at least 90 days prior to the expiration of the Primary Term or ten 10 year extension, as
the case may be. After the Building is constructed the Building Area shall be reduced to
the size of the foot print of the Building.
2. Consideration. The consideration for the lease shall be as foltows:
EXHIBIT 2
The Association shall construct, operate, and maintain the Building
as provided herein at the Association's expense, except as provided
herein; and
bo
The Association shall continuously provide during the term of this
Agreement and any extension thereto, youth soccer activities in
Denton for the public at the same level or greater than it currently
provides; and
The Association shall comply with all other terms and conditions
contained in this Agreement.
3. Construction of Building. No later than six months after the Effective
Date the Association shall begin construction of the Building and shall complete
construction of the Building no later than August 31, 2004. The Building shall be a
minimum of 3,200 square feet, which will include office space (the "Office Space"),
storage space ("Storage Space"), meeting area (the "Meeting Area"), restrooms and
concession area as generally depicted on the schematic drawing attached hereto and made
a part hereof by reference as Exhibit "B". Construction activities shall be coordinated
with City Park maintenance operations to insure that construction activities do not
unreasonable interfere with Park activities. During construction activities the Association
and its contractor may use portions of the Park adjacent to the Building Area that are
reasonable necessary to complete construction of the Building. After construction is
completed the Association shall cause such area to be restored to the same condition that
it was in prior to constmction. Prior to commencing construction of the Building the
Association shall comply with the following:
Provide the City with a complete set of plans and specifications for
the Building (the "Plans"), which must be reviewed and approved
by the City prior to construction. The Building shall be
constructed in accordance with the approved Plans. The City
reserves the right to reject or require modifications to the Plans if
in its sole opinion the Plans are deficient in any way or do not
reflect a Building that is suitable for the Park.
Provide the City with a complete copy of the Construction
Contract with the construction contractor (the "Construction
Contract") prior to its execution, which must be reviewed and
approved by the City prior to construction. The Construction
Contract will provide that the City is a third party beneficiary and
will provide for insurance that meets the Insurance Requirements
set forth in Section 8 of the this Agreement but with the additional
requirement for builder's risk insurance covering the full value of
the Building. Because the Building Area is public property a
performance bond and payment bond in a form approved by the
Page 2
City shall be required in the full amount of the Construction
Contract price with the Association and City as co-payees.
4. Us___~e. The Building shall be the sole property of the City. During the
term of this Agreement and any extension thereto, the Association shall have use of the
Building for any soccer activities (the "Permitted Uses"). The Permitted Uses are subject
to the following:
The Association shall have exclusive use of the Office Space except for
reasonable inspection by the City upon reasonable notice to the
Association.
The Association shall have exclusive use of the Storage Space except for a
portion of the Storage Space having exterior access (the "City Storage").
The City Storage shall be an area within the exterior accessed Storage
Space that is separated from the Association's Storage Space by a cage or
other mutually agreed upon separation. Only authorized City employees,
contractors or agents will have access to the City Storage. The City
Storage Space may be used only for City soccer related items, materials
and supplies.
The Association shall have primary use of the concession area. The City
may use the concession area only at times that are not scheduled for
Association use and only upon advanced written notice to the Association.
The public access restrooms shall be open to the City, Association and
general public at all times.
The Association shall have primary use of the Meeting Area. The City
may use the Meeting Area for park and recreation activities a minimum of
10 times per year. The dates and times for such use shall be scheduled for
dates and times when the Meeting Area is not in use by the Association in
accordance with an annual schedule to be determined by City's Parks and
Recreation Director (the "Director") and the Association's President (the
"President"). Once the annual schedule is determined it may be amended
by mutual agreement of the Director and President. An authorized City
employee shall be present during the City's use of the Meeting Area.
5. Additional Association Responsibilities. Throughout the term of this
Agreement the Association shall be responsible for the following:
a. routine repair and maintenance of the Building; and
b. payment of all utilities serving the Building; and
Page 3
provide furniture, equipment and other furnishings for the
Building; further it is agreed by the parties that all personal
property provided by the Association is owned solely by the
Association and does not belong to the City; and
d. janitorial service for the Building; and
e. provide insurance for the contents of the Building.
6. C.ity Responsibilities. Throughout the term of this Agreement the City
shall be responsible for the following:
notwithstanding Subsection 5.a above, upon written request fi:om
the Association, and if funds are available, make repairs to the
Building; and
perform routine maintenance of the grounds around the Building
consistent with maintenance of existing grounds at the Park; and
notwithstanding Subsections 5.c and 5.d above, provide
furnishings, supplies and janitorial services for City's scheduled
use of the Building and all consumables for the public access
restrooms; and
d. provide directional signage to the Building; and
upon completion and acceptance of the Building by the City,
assume risk of loss and damage to the Building by including the
Building under the City's current property loss insurance program;
and
set and collect all fees, if any, for use of the Building by non-
Association users. All such revenues will belong to the City which
may be used to recover costs associated with the Building,
including, but not limited to, costs incurred by the Association
related to management of the Building.
7. Indemnification. The Association shall indemnify, defend and hold
harmless the City, its officers and employees fi:om and against any and all claims,
liability, actions, loss, damages and injuries, including death, arising out of the
Association's use of the Building or resulting from the negligent act or omission of the
Association, its employees, officers, volunteers, agents, contractors or invitees.
8. Insurance. Throughout the term of this Agreement, and any extension
thereto, the Association' shall keep in full force and effect insurance meeting the
following requirements:
Page 4
1. Workers' Compensation
Employer's Liability
OR
Occupational Injury/Accidental
Injury Protection
Amount
Statutory
$100,000 per occurrence
$100,000
2. Commercial (Public) Liability
including but not limited to:
. Premises/Operations
. Independent Contractors
. Products/Completed Operations
· Contractual Liability
Bodily .Iniury
$200,000 per person
$500,000 per occurrence
Property Damage
$100,000 per occurrence
OR
$500,000 combined single limit for bodily
injury and property damage (per occurrence)
3. Business Automobile Liability
to include coverage for:
. Owned/Leased Autos
· Non-Owned Autos
. Hired Cars
$300,000 combined single
limit for bodily injury
and property damage
(per occurrence)
Within 30 days after the Effective and before construction activities begin, the
Association shall provide insurance certificates to the City evidencing the above
insurance requirements and the builder's risk insurance specified in Subsection 3.b from
an insurance carrier or carriers that is licensed to do business in Texas and has an AM
Best rating of A- or better. Such liability insurances and their certificates must:
a. Name the City of Denton as an additional insured.
Provide for 30 days advance written notice to the City of cancellation or
mater/al change.
c. Provide for waiver of subrogation as against the City.
9. Liens and Encumbrances. The Association shall keep the Building
Area and the Building free and clear from all liens and encumbrances. The Association
may not encumber by mortgage, deed of trust or other instrument the Building, Building
Area or its leasehold interest under this Agreement.
10. Assignment and Subletting. The Association may not assign or sublet its
interests under this Agreement without the prior written consent of the City.
11. Involuntary Assignment and Bankruptcy. Neither this Agreement nor
the Association's interest therein shall be subject to involuntary assignment, transfer, or
Page 5
sale, or to assignment, transfer, or sale by operation of law in any manner, and any
attempted involuntary assignment, transfer, or sale shall be void and of no effect.
Without limiting the foregoing, in the event of an involuntary assignment, transfer, or
sale or in the 'event a bankruptcy proceeding is commenced by or against the Association,
such event or events shall constitute a breach of this Agreement by the Association, and
at the election of the City, this Agreement and all of the Association's rights therein may
be terminated.
12. Default. If the Association shall fail or neglect to observe, keep, or
perform any of the covenants, terms, or conditions contained in this Agreement on its part
to be observed, kept, or performed, and the default shall continue for a period of 90 days
after written notice from the City to the Association setting forth the nature of the
Association's default, then and in any such event, the City shall have the right at its
option, on written notice to the Association, to terminate this Agreement and all of the
Association's rights therein shall then cease. The City, without further notice to the
Association, shall have the right to enter and take possession of the Building and the
Building Area with or without process of law and to remove all personal property and all
persons occupying the Building and the Building Area to the end that the City shall have
exclusive possession of the Building and the Building Area. In addition, the City shall be
entitled to any and all other remedies available to it in law or in equity which remedies
shall be cumulative.
13. Early Termination by Association. After completion of and final
acceptance of the Building by the City, the Association shall have the right to terminate
this Agreement with 90 days advanced written notice to the City. As of such termination
date, the Association shall not longer be responsible for any terms or conditions of the
Agreement. Notice of termination does not constitute a default of this Agreement. After
termination of this Agreement it is the City's intent to continue to use the Building for
soccer and related park and recreation activities.
14. Notices. All notices, demands, or other writings in this Agreement
provided to be given or made or sent, or which may be given or made or sent, by either
party to the other, shall be deemed fully given or made or sent when made in writing and
deposited in the United States mail, certified mail, return receipt requested, or when
received via facsimile at the addresses or fax numbers set forth below:
TO ASSOCIATION:
President
Denton Soccer Association
P.O. Box 184
Denton, Texas 76202-0184
Fax No.:
TO CITY:
City Manager
City of Denton
Denton City Hall
215 E. McKirmey
Page 6
Denton, Texas 76201
Fax No. 940-349-8596
The addresses or fax nos. set forth above may be changed by providing written notice as
provided above of such change.
15. Non-Waiver. A waiver by a party to this Agreement of any breach of any
covenant or duty of the other party under this Agreement is not a waiver of a breach of
any other covenant or duty of such party, or of any subsequent breach of the same
covenant or duty.
I6. Time of the Essence. Time is of the essence of this Agreement and all of
its provisions.
17. Governing LawandVenue. This Agreement shall be governed by,
construed and enforced in accordance with the laws of the State of Texas and is fully
performable in Denton County, Texas. Exclusive venue for any suit under this
Agreement shall be in Denton County, Texas.
18. SecfionHeadings. The titles to the sections of this Agreement are
solely for the convenience of the parties and shall not be used to explain, modify,
simplify, or aid in the interpretation of the provisions of this Agreement.
19. Entire .Agreement. This Agreement shall constitute the entire
agreement between the parties. Arty prior understanding or representation of any kind
preceding the date of this Agreement shall not be binding upon either party except to the
extent incorporated in this Agreement.
20. Modification of Agreement.
binding only if evidenced in a writing
representative.
Any modification of the Agreement shall be
signed by each party by its authorized
2I. Authority to Sign. The persons signing this Agreement represent .and
warrant that they are authorized by their governing bodies to sign the Agreement on
behalf of the City and the Authorization, respectively. The City will provide the
Association a copy of the City ordinance or resolution authorizing this Agreement and
the Association will provide the City with the Association resolution authorizing this
Agreement.
SIGNED to be effective as of the , day of , 2003 (the
"Effective Date").
Page 7
CITY OF DENTON, TEXAS
BY:
Michael A. Conduff
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM:
HERB~O~~CITY ATTORNEY
BY:
DENTON SOCCER ASSOCIATION
BY:~,) ~.')
President
Page 8
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this ~ day of ., 2003 by
Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of said city.
Notary Public in and for the State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on thiso~'~q~ day of ~"O~q ~- ,2003 by
Jane Malone, President of the Denton Soccer Association, on behalf of said Association.
Notary Publi~ in ~ad for the Sta~e
~ I, tOTAIRY P~I~ []
~ s'r~ OF ~
Page 9
Exhibit A
North Lakes Park
Denton Soccer Association Building
To
Bonnie
Brae
Parking
Soccer
t
Soccer
'Foot
socceq
Soccer
Playing Fields
FootI
Foot
ball
#3
.~occer
_~ ~ I ~_ Office/Concession/Restroom Bldg
Soccer ..
Par]da9 Picnic Practice
Pavilion
Softball '~ Baske
4 ~ Playground.
Page 10
Exhibit B
Scale:
Project:
Proposed DSA Concession BIdg.
Page 11
Henry Rife Construction, lnc.
P.O. Box 2936
Denton, TX 75202
North Lakes Park
Denton Soccer Association
Proposed Building Location
Ri~ Road"
:-. :;;::i ii;; :AssOCiation Bail'din
.... iortpiLakes:.
EXHIBIT 3
DRAFT
Parks, Recreation and Beautification
City Hall Conference Room
June 23, 2003
Members presem: Don Edwards, Teresa Andress, Dale Yeatts, Cassandra Berry, and
Brandon Barnes. Staff present: Janet Simpson, Emerson Vorel, Bob Tickner, John
Whitmore, Janie McLeod and Lancine Bentley. Others present: Vincent Ramos and Patrick
Vasquez with Fuego Y Alma and Anna Broderick with Demon County Girls Softball
Association.
Chairman Don Edwards called the meeting to order at 6:02 p.m.
Awards and Recognition - Keep Demon Beautiful, Governor's Community Achievemem
Award. Lancine discussed the award KDB had received and the various areas that were
recognized.
Approval of Minutes of May 15, 2003. Dale made a motion to approve the minutes from
the May 15m meeting. Geri seconded the motion and it was passed unanimously.
ACTION ITEMS
Consider approval of request to sell of alcoholic beverages at Fuego Y Alma. Vincem
Ramos with Fuego Y Alma said that this would be the third year that the committee has
hosted the event, which is an outreach to the Latino community. Vincent asked for approval
for the sell of alcoholic beverages. Dale asked if there had been any problems in the past
during the evem. Vincem responded that there had not been any trouble that security is
always provided. Vincent stated that they are still working on a sponsor for the alcohol
permit.
Dale made the motion to approve the request to sell alcoholic beverages at the 2003 Fuego
Y Alma evem. Cassandra seconded the motion and it was passed unanimously.
Consider approval of cooperative agreement between UNT and the City of Denton for
UNT's improvements to and use of Denia Park Softball Complex. Janet said that the UNT
athletic director and coach had approached the department requesting the use of Denia
ballfields while the Liberty School fields are being renovated for UNT to use. UNT will
make approximately $40,000 worth of improvemem to the facilities. The agreemem ends in
December 2004, then the fields will return to normal use. On June 30~h, Parks and UNT
staff will meet with Denia neighborhood residents to discuss their concerns about the traffic,
lights and noise. UNT will direct users to enter from Roselawn Avenue so not to disturb the
neighborhood. The Demon County Girls Softball Association has been consulted and is
supportive of the joim use of the facilities. Anna Broderick with the girls baseball
association was present to voice the support of the association.
Brandon made a motion to approve the cooperative agreement between UNT and the City of
Denton for UNT's improvement to and use of Denia Park Softball Complex. Teresa
seconded the motion and it was approved unanimously.
EXHIBIT 4
DRAFT
Consider approval of an agreement with Denton Soccer Association for the construction,
operation and use ora new building at the North Lakes Park Soccer Complex. Bob said the
agreement with the Soccer Association would be for thirty years with two 1 O-year renewal
terms and can be terminated for reasonable cause. The building would become City of
Denton property on completion. PARD can use the building by scheduling with the Soccer
Association when the association doesn't already have it in use. Bob added that the design
would match the existing building in the park. There will be concession on the west end of
the building and restrooms on the east side of the facility. There will be a meeting room in
the middle portion of the building.
Teresa made a motion to approve the agreement with the Denton Soccer Association for the
construction, operation and use of a new building at the North Lakes Park Soccer Complex.
Geri seconded the motion and it was passed unanimously.
DISCUSSION ITEMS - None
DIRECTOR'S REPORT
Denton Branch Rail Trail/Loop 288 By-Pass Route. Bob said City Council was
supportive of trail and planning for a trail bridge over the new Loop 288 for the rail trails.
Bob said he would continue to monitor the progress of the bypass trail.
Project Status Report. There were no questions.
Keep Denton Beautiful Report. There were no questions.
OTHER ITEMS. John presented a power point presentation of the status of the Water
Works Park. Janet said the dedication was a success and that attendance has been good at
the park. Janet added that the yellow speed slide would be operational by the end of week.
Reappointments: Teresa asked about when reappointments would be made to the board and
if we knew the status of the appointments. Janie said that the appointments are usually
made in July and that the board members are to continue serving on the board until notified.
Items for Next Meeting. None
There being no further business, the meeting was adjourned at 6:55 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
July 15, 2003
Parks and Recreation Department
Howard Martin, Assistant City Manager
SUBJECT
Consider approval of a resolution allowing Taco Cabana Restaurant to be the sole
participant allowed to sell alcoholic beverages at the Fuego Y Alma Event on September
27, 2003, 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.
BACKGROUND
The third annual Fuego Y Alma Event is a Latino cultural festival, co-sponsored by the
City of Denton, Parks and Recreation Department. It is held in Civic Center Park and
includes local vendors, children's activities and entertainment. The admission is $4.00
per person.
The Fuego Y Alma Committee, made up of community volunteers, voted for the third
year to support the sale of alcohol at the event, allowing Taco Cabana Restaurant to be
the sole proprietor of this product. Taco Cabana Restaurant will be responsible for rental
of the booth space, obtaining the temporary license, and securing the temporary permit.
All proceeds from the sale will support further Fuego Y Alma events.
OPTIONS
Council options include the approval or denial of the ordinance and agreement as
submitted. Council may also opt to modify the agreement to include additional or
modified requirements.
RECOMMENDATION
Staff recommends approval of the ordinance and agreement as submitted, which is
consistent with agreements with other co-sponsored events, such as the Denton Arts &
Jazz Festival.
ESTIMATED SCHEDULE OF PROJECT
The Fuego Y Alma Event is September 27, 2003, from 12:00 p.m. - 10:00 p.m. The sale
of alcohol will be limited to the one-day event.
PRIOR ACTION/REVIEW
At the June 23, 2003, meeting the Parks, Recreation and Beautification Board
recommended approval of this item.
FISCAL INFORMATION
This action has no impact on the City's General Fund budget. All costs and revenue from
this action will be solely the responsibility of the Taco Cabana Restaurant.
BID INFORMATION
Not applicable
EXHIBITS
1 Resolution
2 Contract
3 Parks Board Minutes of June 23, 2003
RESPECTFULLY SUBMITTED:
Janet Simpson, Interim Director
Parks and Recreation Department
Prepared by:
Janie McLeod, Administrative Assistant
Parks and Recreation Department
RESOLUTION NO.
A RESOLUTION ALLOWING TACO CABANA TO BE THE SOLE PARTICIPANT
ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA ON
SEPTEMBER 27, 2003, 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.
WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and
through the Park and Recreations Department co-sponsors a Fuego Y Alma Celebration at the
Civic Center Park;
WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park
pursuant to City of Denton Code, §22-32 Co);
WHEREAS, the City Council finds that it is in the public interest to select only one
vendor of alcoholic beverages at the Fuego Y Alma; and
WI-I~REAS, Roderick Miles, doing business as Taco Cabana (called "Taco Cabana") has
requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y
Alma Celebration on September 27, 2003; and
WHEREAS, the Parks and Recreation Board has recommended that Taco Cabana be the
sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration; and
WHEREAS, the City agrees with the recommendation of the Parks and Recreation
Board; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. Taco Cabana shall be the sole participant allowed to sell alcoholic
beverages at the Fuego Y Alma Celebration on September 27, 2003 at the Civic Center Park
upon the following conditions:
They shall, be responsible for rental of any booth space
necessary;
They shall be responsible to obtain the temporary license and
permit for selling alcoholic beverages approved by appropriate
state agency;
They shall provide the security necessary for the sale of alcoholic
beverages;
They shall provide general comprehensive liability insurance from
a responsible carrier, with the City as an additional insured, in the
amount of $500,000.00.
EXHIBIT 1
Agrees to indemnify the City of Denton against any liability
incident to the selling of alcoholic beverages at the Fuego Y Alma
Celebration.
SECTION 2. The City Manager or his designee is authorized to execute an agreement in
conformity with this resolution, which shall be substantially in the form of the agreement
attached hereto and made a part hereof by reference.
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ., 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HEP, BERT L. PROUTY, CITY ATTORNEY
BY: ~~
S:\Our DocumentsXResolutions~03~Fuego Y Alma alcohol sell.doc
STATE OF TEXAS
COUNTY OF DENTON
This Agreement, made this __
CIVIC CENTER AGREEMENT FOR
THE FUEGO Y ALMA CELEBRATION
day of ., 2003, by and between the
City of Denton, a municipal corporation, hereinai~er referred to as the "CITY" and Roderick
Miles doing business as Taco Cabana (called "Taco Cabana ").
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
GENERAL
The City grants to Taco Cabana the exclusive privilege to sell alcoholic beverages,
subject to the exceptions 'and conditions hereinafter set forth, for the Fuego Y Alma celebration
on September 27, 2003, to be held at the Civic Center Park. Attached hereto and made a part
hereof by is a copy of the resolution passed by the City Council of Denton, Texas authorizing
this privilege. This privilege does not extend beyond the date of the Fuego Y Alma celebration
set for the year 2003.
ARTICLE 2
SCOPE OF SERVICES
Taco Cabana in order to exercise the privilege to sell alcoholic beverages must perform
the following:
Taco Cabana shall be solely responsible for the rental and payment for any booth space
necessary for the sale of alcoholic beverages at the Fuego Y Alma Celebration.
Taco Cabana shall be solely responsible to obtain any temporary license and permit
necessary for the selling of alcoholic beverages at the Fuego Y Alma Celebration.
Taco Cabana shall be solely responsible for the obtaining and paying for any security
necessary for their sale of alcoholic beverages at the Fuego Y Alma Celebration.
Taco Cabana's failure to do any of the above and to show proper proof of compliance
shall waive their right to exercise the privilege of selling alcoholic beverages at the Fuego
Y Alma Celebration.
EXHIBIT 2
ARTICLE 3
LOCAL RULES AND REGULATION
Taco Cabana agrees to abide by all municipal, county, state and federal laws, ordinances,
rules and regulations and specifically, without limitation, the Denton Civic Center Rules and
Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to
comply with the requirements of any duly authorized person acting in connection therewith.
Taco Cabana shall pay all taxes, if any, of every nature and description arising out of or in any
manner connected with the sale of alcoholic beverages.
Taco Cabana will exercise reasonable care and due diligence in their sale of alcohohc
beverages at the Fuego Y Alma Celebration.
ARTICLE 4
INDEMNITY AGREEMENT
Taco Cabana shall indemnify and save and hold harmless the CITY and its officers,
agents, and employees from and against any and all liability, claims, demands, losses, and
expenses, including but not limited to, court costs and reasonable attorney fees incurred by the
CITY, and including, without limitation, damages for bodily and personal injury, death and
property damage, resulting from the negligent acts or omissions of Taco Cabana or it officers,
shareholders, agents, or employees in the execution, operation, or performance of this
Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 5
INSURANCE
During the performance of the Agreement, Taco Cabana shall maintain the following
insurance with an insurance company licensed to do business in the State of Texas by the State
Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at
least an A- or above:
Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less that $100,000 for each occurrence and not less than
$100,000 in the aggregate.
Taco Cabana shall furnish insurance certificates or insurance pohcies at the CITY'S
request to evidence such coverages. The insurance policies shall name the CITY as an
additional insured on all such policies, and shall contain a provision that such insurance
Fuego Y Alma Celebration Agreement - Page 2
shall not be canceled or modified without written notice to the CITY and Taco Cabana.
In such event, Taco Cabana shall, prior to the effective date of the change or
cancellation, serve substitute policies furnishing the same coverage.
ARTICLE 6
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To Taco Cabana:
To CITY:
Taco Cabana:
Roderick Miles
4355 W. Camp Wisdom Road
Dallas, Texas 75237
CITY OF DENTON:
City Manager
215 E. McKinney
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE 7
ENTIRE AGREEMENT
This Agreement, consisting of five (5) pages and no exhibits, constitutes the complete
and final expression of the agreement of the parties, and is intended as a complete and exclusive'
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, and agreements which
may have been made in connection with the subject matter hereof.
ARTICLE 8
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or tmenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
Fuego Y Alma Celebration Agreement - Page 3
ARTICLE 9
DISCRIMINATION PROHIBITED
In performing the services required hereunder, Taco Cabana shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE 10
PERSONNEL
Taco Cabana represents that it has or will secure, at its own expense, all personnel
required to perform all the services required under this Agreement. Such personnel shall
not be employees or officers of, or have any contractual relations with the CITY.
ARTICLE 11
ASSIGNABILITY
Taco Cabana shall not assign any interest in this Agreement, and shall not transfer any
interest in this Agreement (whether by assignment, novation, or otherwise) without the prior
written consent of the CITY.
ARTICLE 12
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
fights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE 13
MISCELLANEOUS
The following exhibits are attached to and made a part of this Agreement: (list exhibits)
Exhibit "A" Resolution No.
Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
Fuego Y Alma Celebration Agreement - Page 4
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and Taco Cabana has executed this Agreement
through its duly authorized undersigned officer on this the day of .,
2003.
CITY OF DENTON, TEXAS
MICHAEL A. CONDUFF, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
Taco Cabana:
BY:
Roderick Miles
Sole Proprietor
WITNESS:
BY:
Fuego Y Alma Celebration Agreement - Page 5
DRAFT
Parks, Recreation and Beautification
City Hall Conference Room
June 23, 2003
Members presem: Don Edwards, Teresa Andress, Dale Yeatts, Cassandra Berry, and
Brandon Barnes. Staff present: Janet Simpson, Emerson Vorel, Bob Tickner, John
Whitmore, Janie McLeod and Lancine Bentley. Others present: Vincent Ramos and Patrick
Vasquez with Fuego Y Alma and Anna Broderick with Demon County Girls Softball
Association.
Chairman Don Edwards called the meeting to order at 6:02 p.m.
Awards and Recognition - Keep Demon Beautiful, Governor's Community Achievemem
Award. Lancine discussed the award KDB had received and the various areas that were
recognized.
Approval of Minutes of May 15, 2003. Dale made a motion to approve the minutes from
the May 15m meeting. Geri seconded the motion and it was passed unanimously.
ACTION ITEMS
Consider approval of request to sell of alcoholic beverages at Fuego Y Alma. Vincem
Ramos with Fuego Y Alma said that this would be the third year that the committee has
hosted the event, which is an outreach to the Latino community. Vincent asked for approval
for the sell of alcoholic beverages. Dale asked if there had been any problems in the past
during the evem. Vincem responded that there had not been any trouble that security is
always provided. Vincent stated that they are still working on a sponsor for the alcohol
permit.
Dale made the motion to approve the request to sell alcoholic beverages at the 2003 Fuego
Y Alma evem. Cassandra seconded the motion and it was passed unanimously.
Consider approval of cooperative agreement between UNT and the City of Denton for
UNT's improvements to and use of Denia Park Softball Complex. Janet said that the UNT
athletic director and coach had approached the department requesting the use of Denia
ballfields while the Liberty School fields are being renovated for UNT to use. UNT will
make approximately $40,000 worth of improvemem to the facilities. The agreemem ends in
December 2004, then the fields will return to normal use. On June 30~h, Parks and UNT
staff will meet with Denia neighborhood residents to discuss their concerns about the traffic,
lights and noise. UNT will direct users to enter from Roselawn Avenue so not to disturb the
neighborhood. The Demon County Girls Softball Association has been consulted and is
supportive of the joim use of the facilities. Anna Broderick with the girls softball
association was present to voice the support of the association.
Brandon made a motion to approve the cooperative agreement between UNT and the City of
Denton for UNT's improvement to and use of Denia Park Softball Complex. Teresa
seconded the motion and it was approved unanimously.
EXHIBIT 3
DRAFT
Consider approval of an agreement with Denton Soccer Association for the construction,
operation and use ora new building at the North Lakes Park Soccer Complex. Bob said the
agreement with the Soccer Association would be for thirty years with two 1 O-year renewal
terms and can be terminated for reasonable cause. The building would become City of
Denton property on completion. PARD can use the building by scheduling with the Soccer
Association when the association doesn't already have it in use. Bob added that the design
would match the existing building in the park. There will be concession on the west end of
the building and restrooms on the east side of the facility. There will be a meeting room in
the middle portion of the building.
Teresa made a motion to approve the agreement with the Denton Soccer Association for the
construction, operation and use of a new building at the North Lakes Park Soccer Complex.
Geri seconded the motion and it was passed unanimously.
DISCUSSION ITEMS - None
DIRECTOR'S REPORT
Denton Branch Rail Trail/Loop 288 By-Pass Route. Bob said City Council was
supportive of trail and planning for a trail bridge over the new Loop 288 for the rail trails.
Bob said he would continue to monitor the progress of the bypass trail.
Project Status Report. There were no questions.
Keep Denton Beautiful Report. There were no questions.
OTHER ITEMS. John presented a power point presentation of the status of the Water
Works Park. Janet said the dedication was a success and that attendance has been good at
the park. Janet added that the yellow speed slide would be operational by the end of week.
Reappointments: Teresa asked about when reappointments would be made to the board and
if we knew the status of the appointments. Janie said that the appointments are usually
made in July and that the board members are to continue serving on the board until notified.
Items for Next Meeting. None
There being no further business, the meeting was adjourned at 6:55 p.m.
CITY OF DENTON CITY COUNCIL MINUTES
June 3, 2003
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 3, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Council Members Kamp, McNeill, Montgomery, Redmon and
Thomson
ABSENT: Mayor Pro Tem Burroughs
1. The Council considered a report, held a discussion and gave staff direction regarding the
proposed Denton County Transportation Authority revised service plan.
Jon Fortune, Assistant City Manager, presented the Denton County Transportation Authority
revised service plan. He stated that the revised service plan included changes necessary to
address service levels and a financial plan based on those cities participating in DCTA and
assumptions associated from proposed sales tax revenues.
The changes to the service plan included the following: Updated with November 5, 2002
election results. Updated demographic forecasts for the county based on most recent estimates.
Added a reference to desired "seamless regional transportation" under the plan's "Guiding
Principles" and "Development Concepts". Added more text on the intention of DCTA to work
with DART as a partner in developing the DCTA regional rail plan. Added language clarifying
that the alternative analysis process required for federal funding eligibility would include
consideration of all viable alternative alignments for each rail corridor. Added language
clarifying the interest of DCTA to promote hov lanes in the county. Added language clarifying
that DCTA would conduct detailed research before initiation of bus service that confirmed the
interest in establishing the service and would adopt policies and performance criteria to monitor
service implemented.
Other changes included: Modified service plan maps for park and ride services, regional
connector services, and feeder and local bus services to reflect the elimination of services to
areas in the county that would not be eligible to vote in the sales tax election. Added an explicit
reference to focusing on new vehicle technology and alternative fuels. Revised projected capital
and operating costs to reflect the most up-to-date and available estimates and included funding
for a maintenance facility. Considered an additional funding scenario that might be available if
legislation now under consideration was approved. Upon Executive Committee final approval of
the Service Plan and calling of a sales tax election, would add a listing of communities that
would be included in the election.
Fortune stated that the DCTA was scheduled to approve the final service plan on June 19 and set
the uniform sales tax rate for a September 13 sales tax election.
Charles Emery, Chair of the DCTA Executive Committee, reviewed the basic purposes of the
DCTA for the new council members.
Mayor Brock asked for the mechanics of the election.
Joe Roy, Vice Chair of the DCTA Executive Committee, stated that they would call the election
by July 10. He stated it would be a county election with the DCTA item and County items on
City of DeNon City Council Minutes
June 3, 2003
Page 2
one ballot. They would probably use the county polling places. He stated that the details were
not finalized yet.
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the meeting of June 3, 2003.
Following the completion of the Work Session, the Council convened in a Closed Meeting.
1. The following was considered in Closed Meeting:
Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT
CODE Section 551.071.
Deliberated the purchase and value of real property imerests for park purposes
in the Samuel McCracken Survey, Abstract No. 817 and being an approximate
4.229 acre tract located at the north east corner of Sherman Drive and Loop
288; which acquisition is for a public purpose. Received legal advice from the
City Attorney or his staff concerning legal issues regarding the acquisition
and/or condemnation of such real property imerests. (Water Works Park
future expansion and other community park improvemems.)
Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT
CODE Section 551.071.
Deliberated the purchase and value of real property imerests for DeNon
Municipal Airport expansion purposes in the J. Scott Survey, Abstract
Number 1222 and being an approximate 11.441 acre tract located at the
southeast corner of Masch Branch Road and Jim Christal Road, Denton,
Texas; which acquisition is for a public purpose. Received legal advice from
the City Attorney or his staff concerning legal issues regarding the acquisition
and/or condemnation of such real property imerests.
Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT
CODE Section 551.071.
Deliberated the purchase and value of real property imerests for DeNon
Municipal Airport expansion purposes in the J. Scott Survey, Abstract
Number 1222 and being an approximate 5.00 acre tract located at 5581
Scripture/Jim Christal Road, in DeNon, Texas; which acquisition is for a
public purpose. Received legal advice from the City Attorney or his staff
concerning legal issues regarding the acquisition and/or condemnation of such
real property imerests.
Regular Meeting of the City of Demon City Council on Tuesday, June 3, 2003 at 6:30 p.m. in the
Council Chambers at City Hall.
City of DeNon City Council Minutes
June 3, 2003
Page 3
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the pledge of allegiance to the U.S. and Texas
flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor Brock presemed the Dog Days of Summer Celebration Week proclamation.
B. Recognition of staff accomplishments
City Manager Conduffpresemed staff accomplishments to the Council and audience.
3. CONSENT AGENDA
McNeill motioned, Redmon seconded to approve the Consem Agenda and accompanying
ordinances with the exception of Item D. On roll vote, Kamp "aye", McNeill "aye",
Montgomery "aye", Redmon "aye", Thomson "aye", and Mayor Brock "aye". Motion carried
unanimously.
A. Approved the minutes of May 6, 2003 and May 13, 2003.
2003-156 - An ordinance of the City of DeNon authorizing the City Manager or
his designee to execute a purchase order with Baker and Taylor, inc. for the
acquisition of new cataloged and processed materials for the opening day
collection for the North Branch Library by way of an agreement with the North
Texas Regional Library System; and providing an effective date (File 3034 -
Opening Day Collection for the North Branch Library Collection awarded to
Baker and Taylor, inc. in the amoum of $150,000).
2003-157 - An ordinance accepting competitive bids and awarding a public
works contract for the construction of the Pecan Street Interceptor project;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3006 - Pecan Street Interceptor awarded to S.J. Louis Construction of Texas,
Ltd. LLP in the amoum of $1,847,323.45).
D. This item was pulled from consideration.
2003-158 - An ordinance authorizing the City Manager or his designee to execute
a Professional Services Agreement with ERES Consultants for an automated
roadway inspection and evaluation as set forth in the contract; providing for the
expenditure of funds therefor; and providing an effective date (File 3010 to ERES
Consultams in an amoum not to exceed $300,000).
2003-159 - An ordinance authorizing the City Manager to sign the first
amendment to the contract for professional legal services between the City of
City of Demon City Council Minutes
June 3, 2003
Page 4
Demon and Karger, Key, Barnes and Lynn, LLP, to provide legal services with
respect to appeal of hearing examiner's decision and related questions; ratifying
prior actions; and providing an effective date.
Go
2003-160 - An ordinance awarding a comract for the outsourcing of customer
calls for connection, disconnection, or transfer of utility services as provided by
Enhanced Outsource Solutions, Inc., as awarded by the State of Texas Building
and Procuremem Commission through the Qualified Information Services Vendor
(QISV) Catalogue Program; providing for the expenditure of funds therefor; and
providing an effective date (File 3031 - Enhanced Outsource Solutions, Inc. in an
amoum not to exceed $48,390).
Ho
2003-161 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an
approximate 5.00 acre tract or parcel of land in fee simple for Demon Municipal
Airport expansion purposes, such title to be in the name of the City of Denton and
said property being located in the John Scott Survey, Abstract Number 1222 in
Denton County, Texas and being out of that certain tract or parcel of land in a
deed from Larry Frank, Trustee to Ed Wolski, Trustee recorded in Volume 2886,
Page 224 of the Real Property Records of Denton County, Texas; authorizing the
City Manager, or his designee, to make an offer to purchase the property for its
just compensation and if such offer is refused, authorizing the City Attorney, or
his designee, to institute the necessary proceedings in condemnation to acquire the
property for Demon Municipal Airport expansion purposes; and declaring an
effective date.
2003-162 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an
approximate 11.441 acre tract or parcel of land in fee simple for Denton
Municipal Airport expansion purposes, such title to be in the name of the City of
Demon and said property being located in the John Scott Survey, Abstract
Number 1222 in Denton County, Texas and being out of that certain tract or
parcel of land in a deed from G.C. Ledyard, Jr., Trustee to Ed Wolski, Trustee and
Virginia Fryman recorded in Volume 2895 Page 470 of the Real Property Records
of Denton County, Texas; authorizing the City Manager, or his designee, to make
an offer to purchase the property for its just compensation and if such offer is
refused, authorizing the City Attorney, or his designee, to institute the necessary
proceedings in condemnation to acquire the property for Demon Municipal
Airport expansion purposes; and declaring an effective date.
Jo
Approved tax refunds for the following property taxes:
Name Reason
1. Stewart Title for Monrak Saegsastra & Duplicate
Chirade Napawan Paymem
Tax
Amount
Year
2OO2 $ 919.09
Ko
2003-163 - An ordinance of the City Council of the City of Demon, Texas
authorizing the City Manager to execute a professional services agreemem with
City of DeNon City Council Minutes
June 3, 2003
Page 5
R. J. Covington Consulting, LLC for consulting services relating to Task Order
No. 03-D, regarding additional professional services relating to the Denton
Municipal Electric Retail Rate Design Study; authorizing the expenditure of funds
therefore; and providing an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance approving the
Downtown Master Plan. The Planning and Zoning Commission forwarded the plan and a report
to City Council (5-0). (SI03-0005, Downtown Master Plan)
Chris Hatcher, Planner II, introduced John Fregonese with Fregonese Calthorpe Associates, who
presented an overview of the Downtown Master Plan. He stated that if the plan were
implemented, there would be many benefits to the downtown and to the entire city. Employment
would increase by 8500. Improvemems amicipated by the plan would cover 1.5 million square
feet and be assessed at over 125 million dollars.
He stated one of the first issues to address in the dowmown was parking availability and
alternative modes important to downtowns, such as walking and transit. He stated The
Downtown Master Plan encouraged a pedestrian-friendly environment.
Fregonese discussed developing a way to use downtown streets more effectively. He stated that
most of the streets dowmown had 80-foot rights-of-way, and a few had 60-foot rights-of-way.
There were several alternative designs for improving these rights-of-way, reallocating wasted
space imo additional parking or sidewalk width.
Fregonese stated that the downtown plan was divided into sub-areas: those that were likely to
undergo "little" change, and those likely to see "major" change. Two sub-areas that likely would
undergo little change were the Elm and Locust areas (a panhandle that extended from dowmown
to University) and the Stroud neighborhood (a neighborhood of homes in the dowmown area).
He stated one sub-area with major changes was the Denton Core, which was the heart of the
downtown.
Short-term improvements recommended in the plan included: streetscape and trash disposal in
the "alley streets" (Austin, Walnut, Cedar, and Pecan); concentrated transit service in the
downtown and increasing its frequency; signage and way finding; festival streets; farmer's
market; access improvements such as the use of roundabouts.
Long-term improvements recommended in the plan included: formation of a Tax Increment
Reinvestment Zone (TIRZ); streetscape improvements; enhanced Denton transit plan; public
fountain; parking lots and parking structures; arts and conference center and hotel; public and
private partnerships.
Fregonese stated that financing improvements and services to implement the downtown plan
could be done with either or both of two special districts allowed under Texas law. The first
special district was a tax incremem reinvestmem zone (TIRZ), in which all or part of the tax
revenue increase over the base year is reinvested in public infrastructure within the zone. Public
Improvemem Districts (PID) or Municipal Managemem Districts (MMD) could provide
City of DeNon City Council Minutes
June 3, 2003
Page 6
infrastructure and/or services and were limited only by the willingness of property owners to pay
additional taxes.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Weldon Burgoon, 6562 Grissom Road, wanted the council to be realistic and take into
consideration present business owners
Jim Killian, 1919 Archer Trail, expressed concern that apartment buildings on Elm and Locust
would have difficulty remaining competitive if a new tax was imposed
Edwin Fulton, 729 Greenwood, expressed concern about the width of streets in the plan
Sid Rogers, 712 Dell Drive, concerned that they may change zoning on properties
Bob Moses, 1702 Pinehills Lane, in favor of plan
Roland Vela, owned property in dowmown area, in favor of plan
The Mayor read comments from Herbert Holl and Mr. Ferguson in support of the plan.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-164
AN ORDINANCE OF THE CITY OF DENTON ADOPTING THE DOWNTOWN
MASTER PLAN, INCLUDING RECOMMENDATIONS AND IMPLEMENTATION
ACTIONS FOR DOWNTOWN AREA IMPROVEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye", and Mayor Brock "aye".
Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance regarding
amendmems to Subchapter 9 (Manufactured Homes) of the Developmem Code. The Planning
and Zoning Commission recommended approval (7-0). (SI03-0002- Manufactured Home
Amendments)
Larry Reichhart, Assistant Director of Planning and Development, stated the proposed changes
reduced redundam and/or conflicting language already stipulated in other parts of the Code as
well as eliminated numerous obsolete requirements.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
City of Demon City Council Minutes
June 3, 2003
Page 7
The following ordinance was considered:
NO. 2003-165
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 9 (MANUFACTURED HOMES) OF THE DENTON
DEVELOPMENT CODE, PROVIDING FOR A PENALTY CLAUSE WITH A
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (SI03-0002)
McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Redmon "aye", Thomson "aye", and Mayor Brock "aye". Motion
carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance amending the
Concept Plan for Planned Developmem 139 (PD-139) for approximately 401 acres. The
property was generally located between Bonnie Brae Road and Interstate 35W adjacent to
Vimage Boulevard. A private school site and a reduction in single-family homes were proposed.
The Planning and Zoning Commission recommended approval with conditions (5-0). (Z03-
0010, The l/intage Concept Plan)
Larry Reichhart, Assistant Director of Planning and Development,
requesting the amendment to the Concept Plan to allow for a
approximately 60 acres and a reduction in single-family residemial.
stated the applicant was
private school site on
The Mayor asked if the conditions recommended by the Planning and Zoning Commission were
acceptable to the applicant.
Reichhart stated that the applicant was ok with the conditions.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Karen Mitchell, representing the applicant, Larry Frank, gave a presentation on this item and the
next item.
Larry Frank, 2411 Glenwood Lane, spoke in support
Emery Wilks, 4045 S. Bonnie Brae, happy the school was going to be a neighbor, concerned that
there were no plans to improve Bonnie Brae
Gina Sutton, 3983 S. Bonnie Brae, felt that Bonnie Brae was a safety issue
Scott Jenkins, 3616 Shadow Trail, spoke in support
L. Wright, 209 N. Gibbons, Argyle, spoke in support
Bill Pierce, 4239 Bonnie Brae, concerned with travel along Bonnie Brae
Jim Haltam, Argyle, expressed concerns about Bonnie Brae
The Mayor asked Mr. Reichhart to respond to the citizens' concerns about Bonnie Brae.
Reichhart stated that the County was considering chip sealing a portion of Bonnie Brae.
City of DeNon City Council Minutes
June 3, 2003
Page 8
The Mayor closed the public hearing.
The Mayor waned to know how staff addressed these issues in the Plan.
Reichhart said that the traffic impact analysis showed the majority of traffic being sen down
Vintage to 377.
Conduff stated that maybe staff should take questions under advisemeN, that they were not
prepared to answer these questions tonight.
The following ordinance was considered:
NO. 2003-166
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
ORDINANCES 91-034, 99-317, AND 2002-147 TO APPROVE A NEW CONCEPT
PLAN FOR THE PLANNED DEVELOPMENT 139 (PD-139) ZONING DISTRICT
AND LAND USE CLASSIFICATION, COMMONLY KNOWN AS THE VINTAGE,
TO PROVIDE FOR A PRIVATE SCHOOL AND A REDUCTION OF SINGLE-
FAMILY LOTS ON AN APPROXIMATE 401 ACRE PORTION OF SAID PD-139;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABiLiTY CLAUSE AND AN EFFECTIVE DATE. (Z03-0010)
Montgomery motioned; Redmon seconded to adopt the ordinance with the conditions
recommended by the Planning and Zoning Commission. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Redmon "aye", Thomson "aye", and Mayor Brock "nay". Motion
carried 5-1.
D. The Council held a public hearing and considered adoption of an ordinance amending the
Detail Plan for Planned DevelopmeN 139 (PD-139) for approximately 110 acres. The property
was generally located between Bonnie Brae Road and Interstate 35W adjacent to Vintage
Boulevard. Seven gas well sites on approximately 21 acres, a private school site on
approximately 60 acres, and single-family resideNial on approximately 28.6 acres were
proposed. The Planning and Zoning Commission recommended approval with conditions (5-0).
(Z03-0009, The Vintage Detail Plan)
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Karen Mitchell, represeNing the applicaN, Larry Frank, spoke in support
Gina Sutton, 3983 S. Bonnie Brae, expressed concerns about Bonnie Brae
Emery Wilks, 4045 S. Bonnie Brae, happy the school was going to be a neighbor, concerned that
there were no plans to improve Bonnie Brae
The Mayor closed the public hearing.
City of Demon City Council Minutes
June 3, 2003
Page 9
City Attorney, Herb Prouty, advised the Council that if they wanted to put a condition in the
Detailed Plan they could do it now.
The following ordinance was considered:
NO. 2003-167
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDED DETAILED PLAN FOR APPROXIMATELY 110 ACRES LOCATED
WITHIN PLANNED DEVELOPMENT 139 (PD-139) ZONING DISTRICT,
INCLUDING THREE GAS WELL SITES ON APPROXIMATELY 21 ACRES,
PRIVATE SCHOOL ON APPROXIMATELY 60 ACRES, AND SINGLE-FAMILY
RESIDENTIAL ON APPROXIMATELY 29 ACRES; THE SUBJECT PROPERTY
BEING THE PROPERTY GENERALLY LOCATED BETWEEN BONNIE BRAE
AND INTERSTATE 35W SOUTH OF THE VINTAGE BOULEVARD; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(Z03-0009)
Montgomery motioned, Kamp seconded to refer the item back to the Planning and Zoning
Commission with a recommendation to deny gas wells 1, 2, and 3.
Reichhart explained to the Council that they could not deny three of the gas wells and approve
the others.
Montgomery withdrew the motion.
McNeill motioned, Thomson seconded to refer the item back to the Planning and Zoning
Commission for them to look into access issues on Bonnie Brae.
McNeill withdrew the motion.
Montgomery motioned, Kamp seconded to approve the Detail Plan and deny gas wells 1, 2, 3,
and 7. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson
"aye", and Mayor Brock "aye". Motion carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance approving a
Specific Use Permit for a gas well site. The approximately 37 acre property was in a
Neighborhood Residemial Mixed Use (NRMU) and Neighborhood Mixed Use 12 (NRMU-12)
zoning district and was generally located north of Ocean Drive approximately 1,000 feet east of
Teasley Lane. The Planning and Zoning Commission recommended approval with conditions
(5-2). (Z03-0003, Teasley Gas Well No. 1)
Larry Reichhart, Assistant Director of Planning and Development, stated that the Planning and
Zoning Commission recommended approval of the Specific Use Permit with conditions. All
residences within 500 feet of the well head would be notified twenty-four hours prior to
beginning any fracing. The applicam would be required to install an eight-foot high blockade
City of DeNon City Council Minutes
June 3, 2003
Page 10
style fence constructed on steel posts around the gas well site to create a visually appealing
screen for the site.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Bill Coleman, Coleman & Associates, represeming the applicam, spoke in favor
Bushel Forrester, 1007 Holloway, Dallas, Texas, trustee for the property, spoke in favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-168
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 37
ACRES OF LAND GENERALLY LOCATED NORTH OF OCEAN DRIVE
APPROXIMATELY 1,000 FEET EAST OF TEASLEY LANE, WITHIN A
NEIGHBORHOOD RESiDENTiAL MIXED USE (NRMU) AND NEIGHBORHOOD
RESIDENTIAL MIXED USE - 12 ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE. (Z03-0003)
Redmon motioned; Kamp seconded to approve the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye", and Mayor Brock "aye".
Motion carried unanimously.
F. The Council cominued a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit for a gas well site. The approximately 17.3 acre property was in
a Neighborhood Residemial 6 (NR-6) zoning district and was generally located south of Hickory
Creek Road approximately 1000 feet west of Teasley Lane. The Planning and Zoning
Commission recommended approval with conditions (7-0). (Z03-0012, Meredith #1)
Larry Reichhart, Assistant Director of Planning and Development, stated that the Planning and
Zoning Commission had recommended approval of the Specific Use Permit with two conditions.
All residences within 500 feet were to be notified twenty-four hours prior to fracing of the
wellhead. The applicam would be required to install an eight-foot high blockade style fence
constructed on steel posts around the gas well site to create a visually appealing screen for the
site.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Bill Coleman, Coleman & Associates, represeming the applicam, spoke in favor.
City of Demon City Council Minutes
June 3, 2003
Page 11
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-169
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 17.3
ACRES OF LAND GENERALLY LOCATED SOUTH OF HICKORY CREEK ROAD
APPROXIMATELY 1,000 FEET WEST OF TEASLEY LANE, WITHIN A
NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (Z03-0012)
McNeill motioned, Redmon seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye", and Mayor Brock "aye".
Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of a resolution nominating a member to the Board of
Managers of the Denco Area 9-1-1 District; and declaring an effective date.
City Manager Conduff stated staff's recommendation was to appoint Olive Stephens.
The following resolution was considered:
NO. R2003-011
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS
OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE
DATE.
Brock motioned, Montgomery seconded to approve the resolution. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye", and Mayor Brock "aye".
Motion carried unanimously.
B. New Business
There were no items of New Business suggested by Council Members for future agendas.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
City of Demon City Council Minutes
June 3, 2003
Page 12
D. There was no continuation of the Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
E. 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 9:17 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
June 10, 2003
After determining that a quorum was present, the City Council convened in a Planning Session
on Tuesday, June 10, 2003 at 4:00 p.m. in the City Council Work Session Room.
PRESENT: Mayor Brock; Council Members Kamp, McNeill, Montgomery, and Thomson.
ABSENT: Mayor Pro Tem Burroughs and Council Member Redmon
1. The Council received an outcome statement and held a discussion regarding TIP
Strategies, Inc. recommendations for economic development implementation plans and
organizational structure.
Mike Conduff, City Manager, stated that the outcome statements would be building a framework
for the future of Denton.
Council discussed the draft outcome statements and made suggestions and changes to the
statements.
Council Member Redmon arrived at the meeting.
Conduff stated that the suggestions made by Council would be incorporated into the outcome
statements and would be updated as necessary.
2. The Council received a report, held a discussion and gave staff direction regarding
Denton's image in regard to Historic Preservation.
Julie Glover, Main Street Manager, outlined why buildings should be preserved. She detailed
recent preservation efforts and preservation for the future. She presented ideas on where to go
from here in regards to building a strong historic preservation.
Peggy Capps, Chair-Historic Landmark Commission, noted accomplishments in historic
preservation over the past several years including tax abatements for historic properties, National
Register designation for the Downtown Square, adaptive reuse of historic properties, and
conservation districts.
Bob Moses, business owner, spoke on the tax abatement program for historic preservation and
the benefits to the city and property owner. He detailed the renovations he had made to his
building on the Square. He urged the City to become a catalyst to help restore the second story
of each building on the Square.
Rob Bertelsen, President-Main Street Association, felt that one of the most important features
was to preserve what was already present in the Downtown area.
Council discussion possible outcome statements regarding historical preservation:
· Buildings with meaning are used, renovated and adapted for new uses
· The Downtown is a gathering place for total family experience
· The Downtown has doubled its useable space through reuse and renovation
· Historic preservation efforts have contributed to the economic activity of the City
City of Demon City Council Minutes
June 10, 2003
Page 2
· Denton is the center for heritage tourism
· Meaningful structures are preserved
· Historic values are balanced with needs of the community
· New downtown development is harmonious and enhances the existing downtown
With no further business, the meeting was adjourned at 6:15 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
June 17, 2003
After determining that a quorum was presem, the City Council convened in a Work Session on
Tuesday, June 17, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill,
Montgomery, and Thomson.
ABSENT: Council Member Redmon
1. The Council received a report, held a discussion, and provided staff direction concerning
revisions to the City of DeNon Code of Ordinances, Chapter 24, Solid Waste.
Vance Kemler, Director of Solid Waste, presemed a draft of the solid waste code revisions. He
detailed the project team, general provisions of the code, residemial and commercial services
provided by the city, provisions for permitting service providers, recycling services offered by
the city to the residems, and guidelines for disposal services.
Council Member Redmon arrived during the discussion.
Council questions dealt with substantive changes that were being proposed, changes in
definitions, the possibility of instituting a "pay as you go" system for solid waste collection,
enforcemem issues dealing with the provisions of the changes, a listing of the changes and the
reasons for making those changes, and the appeal process for type of services.
2. The Council discussed the nomination process for the City's Boards and Commissions.
Jennifer Walters, City Secretary, presented the timeline for the nomination/appointment of
members to the various boards and commissions. She indicated that Council should provide her
with their nominations during the next several weeks for consideration at a luncheon meeting
during the week of July 14~h. The Board and Commission reception would be held on August
5th.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the meeting of June 17, 2003.
4. Council reviewed and discussed the contents of a DVD from the Texas Municipal Power
Agency ("TMPA") titled "A Vision for the Future".
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the following:
1. Closed Meeting:
Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under TEX. GOV'T. CODE Section 551.086.
Received competitive electric and commercial information from one of the
City's Texas Municipal Power Agency ("TMPA") Board Members and/or City
Staff pertaining to certain matters respecting present and future maintenance
City of Demon City Council Minutes
June 17, 2003
Page 2
issues, financial issues, operational issues, legal and compliance issues, and
other related issues and strategies concerning the City's interest in, and its
business relationship with TMPA; and discuss, deliberate, consider, and
provide such TMPA Board Member and/or Staff with direction regarding such
matters.
Bo
Deliberations regarding real property---Under TEXAS GOVERNMENT CODE
Section 551.072 and Consultation with the City Attorney---Under TEXAS
GOVERNMENT CODE Section 551.071.
Deliberated the value and purchase of real property imerests of certain real
property needed for the Spencer Road Project from Loop 288 to Woodrow;
and receipt of legal advise from the City Attorney on matters in which his
professional responsibility to the City Council requires private legal
consultation pertaining to the Spencer Road Project and right-of-way
acquisition.
Regular Meeting of the City of Demon City Council on Tuesday, June 17, 2003 at 6:30 p.m. in
the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor Brock presemed the following proclamations:
Frank and Betty Barrow Week
National Aquatics Week
Parks and Recreation Week
B. June Yard-of-the-Month Awards
Mayor Brock presented the June Yard of the Month awards to:
Homer and Betty Nabors
Ron Perrett and Lorenzo Garcia
Juanita Guerrra, Christina Noriega and Olga Noriega
Bob and Debbie Billips
The Johnson Family
Marilyn and Jim Payne
Xeriscaped Yard-Denton Rehabilitation and Nursing Center
Business Yard - Nucon Steel Commercial Corporation
City of DeNon City Council Minutes
June 17, 2003
Page 3
Resolutions of Appreciation
1. The Council considered approval of a Resolution of Appreciation for Mike
Harral.
Burroughs motioned, Thomson seconded to approve the resolution. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
D. Recognition of staff accomplishments
City Manager Harrell presemed staff accomplishmems to Council.
3. CITIZEN REPORTS
A. The Council received citizen reports from the following:
1. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth again stated his concern that there were no African-American firefighters. He also
expressed concern about the minority hiring practices of the City of DeNon. He asked again to
limit the smoking outside the main entrance of the building.
4. CONSENT AGENDA
Council Member McNeill requested that Item 4CC be pulled for separate consideration. Council
Member Thomson requested that Item 4J be removed for separate consideration.
Mayor Brock indicated that Item 6F would be removed from consideration.
Burroughs motioned, Momgomery seconded to approve the Consent Agenda and accompanying
ordinances with the exception of 4J and 4CC. On roll vote, Burroughs "aye", Kamp "aye",
McNeill "aye", Momgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
Item 4J was considered.
Council Member Thomson stated that the bid for asphalt was much lower than the bid for
concrete. He felt the asphalt would be better and motioned to approve the asphalt bid for paving
rather than the concrete bid. Motion died for lack of a second.
Charles Fiedler, Director of Engineering, presented reasons for using the concrete rather than
asphalt stating that over the life of road the concrete would have less maintenance than the
asphalt.
Redmon motioned, Burroughs seconded to approve Item 4J as indicated in the agenda. On roll
vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson
"nay" and Mayor Brock "aye". Motion carried with a 6-1 vote.
City of DeNon City Council Minutes
June 17, 2003
Page 4
Item CC was considered.
Council Member McNeill stated that he requested this item be pulled for separate consideration
as it was listed on the agenda as a denial and he waned the issue to be considered.
McNeill motioned, Burroughs seconded to approve Item CC. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
Approved a request for an exception to the Noise Ordinance for the purpose of the
Fall Into Concert Series on Sunday, September 21, 2003; Sunday, September 28,
2003; Sunday, October 5, 2003; and Sunday, October 12, 2003 at Fred Moore
Park, from 3:00 p.m. to 5:00 p.m. The requestor is specifically asking for an
exception to all for live music on Sunday.
Confirmed the re-appointment by the City Manager of Vicki Henington to the
Civil Service Commission.
2003-170 - An ordinance accepting competitive bids and awarding an annual
coNract for the purchase of 3 Phase Single and Double Tap Primary Fused
Enclosures; providing for the expenditure of funds therefor; and providing an
effective date (Bid 2989 - Annual Price AgreemeN for 3 Phase Primary Fused
Enclosures awarded to Wesco Distribution in the estimated amouN of $105,543).
2003-171 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of Pre-Cast Concrete Octagonal Manholes; providing for
the expenditure of funds therefor; and providing an effective date (Bid 3025 -
Annual Price Agreement for Pre-Cast Concrete Octagonal Manholes awarded to
New Basis in the estimated amouN of $54,000).
2003-172 - An ordinance authorizing the City Manager or his designee to execute
change order 2 to the contract between the City of Denton and Archer Western
Contractors, Ltd.; providing for the expenditure of funds therefor; and providing
an effective date (Bid 2734 - Pecan Creek Water Reclamation Plan Expansion
Change Order 2 awarded to Archer Western Contractor, Ltd. in the amount of
$87,375.25).
2003-173 An ordinance providing for the expenditure of funds for the
emergency purchase of contract work and equipment to repair storm damage to
DME equipment located on Bonnie Brae Street in accordance with provisions of
State Law exempting such purchases from requirements of competitive bidding;
and providing an effective date (File 3041 - Emergency Purchase for Repair of
DME Facilities awarded to South Win Construction Inc. in the amount of
$87,357.31).
2003-174 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of Malone Street improvements; providing for the
expenditure of funds therefor; and providing an effective date (Bid 2925 - Urban
City of DeNon City Council Minutes
June 17, 2003
Page 5
Street Program-Malone Street CSJ0918-46-106 awarded to Jagoe-Public
Company in the amoum of $445,152.90).
Ho
2003-175 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of the parking lot improvements for Mack Park,
Denia Recreation Center and Senior Center; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3015 - Mack Park, Denia
Recreation Center, Senior Center, Parking Lot Improvement Project awarded to
Calvert Paving Corporation in the base bid amoum of $259,652.44 plus Alternates
1-7 in the amoum of $29,940.50 for a total amount of $289,592.94).
2003-176 - An ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the unreserved fund balance of the General Fund
with Certificates of Obligation so that a project for the construction of Spencer
Road and the Loop 288 bypass may be commenced; declaring an emergency and
amending the 2002-2003 Capital Improvement Budget to allow the funding for
said project; and providing an effective date.
Jo
2003-177 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of Spencer Road paving, drainage and water
improvemems; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3028 - Spencer Road Paving, Drainage & Water
Improvements awarded to Jagoe-Public Company in the amount of
$2,794,719.25).
Ko
2003-178 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of a Xeriscape/Landscape Detention Pond for the North
Branch Library; providing for the expenditure of funds therefore; and providing an
effective date (Bid 3029 - Construction of Xeriscape/Landscape Detemion Pond for
the North Branch Library awarded to Harrison Quality Construction in the amoum
of $34,527.74).
Lo
2003-179 - An ordinance awarding a comract under the Texas Multiple Award
Schedule (TXMAS) program for the purchase of a bucket truck with aerial device
as awarded by the State of Texas Building and Procuremem Commission
(Comract TXMAS-3-23010); providing for the expenditure of funds therefor; and
providing an effective date (File 3042 - Bucket Truck With Aerial Device
awarded to Altec industries, inc. in the amoum of $119,418).
Mo
2003-180 An ordinance of the City of DeNon, Texas, authorizing first
amendment to an interlocal Agreement between the City of Denton, Texas and
University of North Texas extending the term of the contract to provide a
volunteer coordinator for the Denton Community Network to build a training
program for volumeers; authorizing the expenditure of funds; and providing an
effective date.
City of Demon City Council Minutes
June 17, 2003
Page 6
No
2003-181 - An ordinance of the City of Demon, Texas authorizing the re-
advertisemem for a Non-Drilling, Paid-Up Pooling Agreemem for an Oil and Gas
Lease Agreement for South Lake Park within the City of Denton, Texas; and
providing an effective date.
Oo
2003-182 - An ordinance of the City of Demon, Texas, accepting the bid
submitted by Trio Consulting & Management, L.L.C., and authorizing the
negotiation of a Non-Drilling/Pooling Agreement for an approximate 3.13-acre
tract owned by Denton Municipal Electric for an electric substation, and
providing an effective date.
Po
2003-183 - An ordinance of the City of Demon, Texas authorizing the rejection
for all bids and the re-advertisemem for a Non-Drilling, Paid-Up Pooling
Agreement for Oil and Gas Lease Agreements for North Lakes Park, Denia Park,
and the Airport Open Space Park, within the City of Denton, Texas; and
providing an effective date.
Qo
2003-184 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an
approximate 0.357 acre tract or parcel of land and an approximate 2.152 acre
tract or parcel of land both in fee simple for street, utility and right-of-way
purposes, such title to be in the name of the City of Demon, and a drainage
easement containing approximately 0.226 acre and a temporary construction
easement containing approximately 0.309 acre, all said tracts being located in
the Mary Austin Survey, Abstract Number 4 in Denton County, Texas and
being out of that certain tract or parcel of land in a deed to Alex N. Bickley
recorded in Volume 987, Page 548 of the Deed Records of Demon County,
Texas; authorizing the City Manager, or his designee, to make an offer to
purchase the property for its just compensation and if such offer is refused,
authorizing the City Attorney, or his designee, to institute the necessary
proceedings in condemnation to acquire the property for street, utility and right-
of-way purposes, drainage easement purposes, and temporary construction
easemem purposes; and declaring an effective date. (Tract 4)
Ro
2003-185 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an
approximate 1.075 acre tract or parcel of land in fee simple for street, utility and
right-of-way purposes, such title to be in the name of the City of Denton and
said property being located in the Mary Austin Survey, Abstract Number 4 in
Denton County, Texas and being out of that certain tract or parcel of land in a
correction deed to Ronald West Atkins and wife, Barbara Atkins recorded
under Clerk's File Number 97-R0043235 in of the Real Property Records of
Denton County, Texas; authorizing the City Manager, or his designee, to make
an offer to purchase the property for its just compensation and if such offer is
refused, authorizing the City Attorney, or his designee, to institute the necessary
proceedings in condemnation to acquire the property for street, utility and right-
of-way purposes; and declaring an effective date. (Tract 5)
City of Demon City Council Minutes
June 17, 2003
Page 7
So
2003-186 - An ordinance authorizing the City Manager or his designee to
purchase a 0.60 acre tract or parcel of land in fee simple for street, utility and
right-of-way purposes, such title to be in the name of the City of Denton and
said property being located in the Mary Austin Survey, Abstract Number 4 in
Denton County, Texas and being out of that certain tract or parcel of land in a
deed to American Legion Post #71 recorded in Volume 561, Page 464 of the
Deed Records of Denton County, Texas; authorizing the expenditure of funds;
and declaring an effective date. (Tract 6)
2003-187 - An ordinance authorizing the City Manager or his designee to
purchase a 0.494 acre tract or parcel of land in fee simple for street, utility and
right-of-way purposes, such title to be in the name of the City of Denton and
said property being located in the Mary Austin Survey, Abstract Number 4 in
Denton County, Texas and being out of that certain tract or parcel of land in a
deed to Terry S. Stanford recorded under Clerk's File Number 96-R0082307 in
the Real Property Records of Denton County, Texas and also being out of that
certain tract or parcel of land in a deed to Elizabeth Marie Hardy recorded in
Volume 4643, Page 2430 of the Real Property Records of Demon County,
Texas; authorizing the expenditure of funds; and declaring an effective date.
(Tract 7 & 8)
Uo
2003-188 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an
approximate 0.095 acre tract or parcel of land in fee simple for street, utility and
right-of-way purposes, such title to be in the name of the City of Denton and
said property being located in the Mary Austin Survey, Abstract Number 4 in
Denton County, Texas and being out of that certain tract or parcel of land in a
deed to Charles E. Bailey recorded under Clerk's File Number 98-R0035413 in
of the Real Property Records of Demon County, Texas; authorizing the City
Manager, or his designee, to make an offer to purchase the property for its just
compensation and if such offer is refused, authorizing the City Attorney, or his
designee, to institute the necessary proceedings in condemnation to acquire the
property for street, utility and right-of-way purposes; and declaring an effective
date. (Tract 9)
go
2003-189 - An ordinance abandoning and vacating a portion of an electric line
easement from L. R. Strickland to Brazos River Transmission Electric
Cooperative, inc. recorded in Volume 386, Page 59 of the Deed Records of
Denton County, Texas, and abandoning and vacating a portion of an electric
line easemem from Grace Starr Copeland, James C. Copeland, Maude Starr
Ellis, J. F. Start, C.D. Starr, W. P. Starr, Ann R. Boyd, F. L. Start, Annie Start
Whaley, Jack Start, Eunice Star Thomas, T. M. Start, Susie Start Sargent, O. L.
Sargent, B. L. Ellis and C. M. Star to Brazos River Transmission Electric
Cooperative, inc. recorded in Volume 384, Page 121 of the Deed Records of
Denton County, Texas, and both easements subsequently assigned to the City of
Denton in an instrument recorded in Volume 2736, Page 825 of the Real
Property Records of Denton County, Texas in the Samuel Kephart Survey,
Abstract No. 721 and the George McGlothlin Survey, Abstract No. 888 and the
City of DeNon City Council Minutes
June 17, 2003
Page 8
A. Serren Survey, Abstract No. 1198 and the B.B.B. & C.R.R. Survey, Abstract
No. 190, said portion being on the tracts of land as described in the deed to
Lake Sharon L.P. recorded in Volume 4122, Page 1957 and Volume 4017, Page
875 of the Real Property Records, Denton County, Texas and the deed to ACLP
Swisher Road Commercial, L.P. recorded by County Clerk file number 99-
R0006837 Real Property Records, DeNon County, Texas, and the deed to Lake
Sharon Christian Cemer Inc., recorded in Volume 4107, Page 2239, Real
Property Records, DeNon County, Texas and declaring an effective date.
Wo
2003-190 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of a sanitary
sewer easement in, over, on, across, and under an approximate 0.7827 acre tract
or parcel of land, a temporary construction easement containing approximately
0.2878 acres of land, and a temporary construction easement containing
approximately 1.0946 acres of land, all tracts being located in the Mary L.
Austin Survey, Abstract No. 4 in Denton County, Texas and being part of a
tract or parcel of land owned by Kent Key and John Rainey; authorizing the
City Manager or his designee to make an offer to purchase the easemems for
their just compensation and if such offer is refused, authorizing the City
Attorney to institute the necessary proceedings in condemnation in order to
acquire the property; and declaring an effective date.
Xo
An ordinance of the City Council of the City of DeNon, Texas authorizing the
City Manager to execute a Professional Services Agreement with R. J.
Covington Consulting, LLC for consulting services relating to:
2003-191 - Task Order No. 03-E, regarding completion of a Fixed Asset
Cost Separation Study relating to Denton Municipal Electric; authorizing
the expenditure of funds therefor; and providing an effective date.
2003-192 - Task Order No. 03-F, regarding the 2003 Transmission Cost of
Service filing at the Public Utility Commission of Texas relating to
Denton Municipal Electric; authorizing the expenditure of funds therefor;
and providing an effective date.
Yo
Approved an exaction variance of Section 35.20.3(A.3.) of the Code of
Ordinances concerning collector street sidewalk requirements. The parcel
contained approximately 1.8 acres and was located on the northwest corner of
Paisley Street and Campbell Street. The property was currently designated as a
neighborhood residemial (NR-4) zoning district. A day school/care curremly
existed. The Planning and Zoning Commission recommended approval of a
partial variance as proposed by the applicam (6-0) (V03-O010)
go
2003-193 - An ordinance of the City of DeNon authorizing a service agreemem in
the amount of $750.00 between the City of DeNon, Texas and the Juneteenth
Committee to support the 2003 Juneteenth celebration; providing for the
expenditure of funds therefore; and providing for an effective date.
City of DeNon City Council Minutes
June 17, 2003
Page 9
2003-194 - An ordinance authorizing the Mayor to execute an agreement between
the City of DeNon and the DeNon Kiwanis Club for the paymem and use of
$19,946 in Hotel Tax Revenue; approving a budget for, and authorizing
expenditure of, these funds, and providing an effective date.
BB. Approved the minutes of May 19, 20, 21 and 27, 2003.
CC.
Approved an exaction variance of Section 35.20.2 (P.1.) of the Code of
Ordinances concerning coordination with surrounding streets and connectivity
and 35.20.2 (A.3.c.) concerning maximum cul de sac lengths. The
approximately 11.5-acre parcel was located on the easterly side of Country
Club Road/FM1830 and on both sides of Regency Oaks Drive and was in a
Neighborhood Residemial 2 (NR-2) zoning district. A single-family
subdivision was proposed. The Planning and Zoning Commission
recommended denial (6-1). (V03-0013-Regency Oaks)
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
granting a license at Brinker Road at milepost 724.3 for the installation of a subsurface electric
line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the
issuance of a license and providing an effective date.
Bob Tickner, Parks and Recreation Superimendent, stated that the public hearing was required
by the Texas Parks and Wildlife Department as this was a request to change the use of a portion
of the property from a park and recreation use. The City's Electric Departmem was requesting to
construct a new electric line across the rail trail. This would be a subsurface crossing underneath
the rail trail.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-195
AN ORDINANCE GRANTING A LICENSE AT BRINKER ROAD AT MILEPOST
724.3 FOR THE INSTALLATION OF A SUBSURFACE ELECTRIC LINE IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE
CODE; PROVIDING FOR THE ISSUANCE OF A LICENSE AND PROVIDING AN
EFFECTIVE DATE.
Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
City of Demon City Council Minutes
June 17, 2003
Page 10
B. The Council held a public hearing and considered adoption of an ordinance
granting a license for a surface use of a portion of the Denton Branch Rail Trail approximately
120 feet south of Corinth Parkway at milepost 727.7 for the installation of an overhead electric
line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the
issuance of a license and providing an effective date.
Mayor Brock left the meeting with a conflict of interest.
Bob Tickner, Parks and Recreation Superintendent, stated that the public hearing was required
by the Texas Parks and Wildlife Department as this was a request to change the use of a portion
of the property from a park and recreation use. The City of Corimh was constructing a new city
hall and need to cross the rail trail with an overhead electric line for power to the building.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing
The Mayor Pro tem closed the public hearing.
Council Member Thomson left the meeting with a conflict of imerest.
The following ordinance was considered:
NO. 2003-196
AN ORDINANCE GRANTING A LICENSE FOR A SURFACE USE OF A PORTION
OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 120 FEET SOUTH
OF CORINTH PARKWAY AT MILEPOST 727.7 FOR THE INSTALLATION OF AN
OVERHEAD ELECTRIC LINE IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A
LICENSE AND PROVIDING AN EFFECTIVE DATE.
Redmon motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp
"aye", McNeill "aye", Momgomery "aye", and Redmon "aye". Motion carried unanimously.
Mayor Brock and Council Member Thomson returned to the meeting.
C. The Council held a public hearing and considered adoption of an ordinance
granting approval of a surface use of a portion of the Denton Branch Rail/Trail at Loop 288
milepost 724 for the purpose of a public street easement in accordance with Chapter 26 of the
Texas Parks and Wildlife Code; providing for the issuance of a license and providing an
effective date.
Bob Tickner, Parks and Recreation Superintendent, stated that the public hearing was required
by the Texas Parks and Wildlife Department as this was a request to change the use of a portion
of the property from a park and recreation use. The request was from the City's Engineering
Department for a temporary bypass for the reconstruction of Loop 288 and the removal of the
City of Demon City Council Minutes
June 17, 2003
Page 11
bridge on the site. The Parks, Recreation and Beautification Board had approved the request
with the conditions of an upgrade of the traffic lights at Loop 288 and the future planning for a
pedestrian bridge over the new Loop 288.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Ken Royal, 305 Bluebird Circle, Demon, 76201 - pleased with the Council's
consideration for the safety of cyclists during construction.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-197
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION
OF THE DENTON BRANCH RAIL/TRAIL AT LOOP 288 MILEPOST 724 FOR THE
PURPOSE OF A PUBLIC STREET EASEMENT IN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR
THE ISSUANCE OF A LICENSE AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
graining a license for a subsurface use of a portion of the Demon Branch Rail Trail
approximately 600 feet north of Pockrus Page Road at milepost 725.7 for the installation of a
subsurface electric line in accordance with Chapter 26 of the Texas Parks and Wildlife Code;
providing for the issuance of a license and providing an effective date.
Bob Tickner, Parks and Recreation Superintendent, stated that the public hearing was required
by the Texas Parks and Wildlife Department as this was a request to change the use of a portion
of the property from a park and recreation use. This was a request from the City's Electric
Department for a subsurface line at Pockrus Page Road. There would be no negative impact on
the park use.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
City of Demon City Council Minutes
June 17, 2003
Page 12
NO. 2003-198
AN ORDINANCE GRANTING A LICENSE FOR A SUBSURFACE USE OF A
PORTION OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 600 FEET
NORTH OF POCKRUS PAGE ROAD AT MILEPOST 725.7 FOR THE
INSTALLATION OF A SUBSURFACE ELECTRIC LINE IN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR
THE ISSUANCE OF A LICENSE AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance
concerning the creation of a Special Sign District for an approximately 35.5 acre site that is
generally located at the northeast corner of Brinker Road and Rails and Trails Reserve
intersection. The purpose of the Special Sign District was to allow signage for a development to
deviate from the requirements of Subchapter 15 of the Development Code. The Planning and
Zoning Commission recommended approval with conditions (5-0). (SD03-O001, Quail Creek)
Larry Reichhart, Assistant Director of Planning and Development, stated that the one negative
response that was originally received had been withdrawn. The Planning and Zoning
Commission recommended approval with the condition that the signs be made of the same
materials and color. The approval of the Sign District would result in less signs than would be
allowed by the currem ordinance.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Alan Bussell, 1621 Amanda Court, Ponder, 76259 - favor
Mayor Brock indicated that a Commem Card had been received from Susan Kedron, 901 Main
#6000, Dallas, 75202, in support of the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-199
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY
DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN
APPROXIMATE 35.5 ACRES OF LAND LOCATED AT THE NORTHEAST
CORNER OF BRINKER ROAD AND RAILS TO TRAILS RESERVE IN THE CITY
OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (SD03-0001)
City of Demon City Council Minutes
June 17, 2003
Page 13
McNeill motioned, Kamp seconded to adopt the ordinance with the conditions as stated by the
Planning and Zoning Commission. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye",
Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
F. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit for a gas well site on approximately 40 acres of land. The property
was in a Neighborhood Residemial 6 (NR-6) and Community Mixed Use General (CM-G) zoning
districts. The subject property was generally located south of Mission, north of Hobson Lane and
east of U.S. 377 (Fort Worth Drive). One gas well was proposed. The Planning and Zoning
Commission recommended approval (6-0). (Z03-0014, Hilliard-Fulton Unit No. 1)
Larry Reichhart, Assistant Director of Planning and Development, stated that a gas well was
proposed at this location. A Specific Use Permit was required in a NR-6 zoning district. The
Planning and Zoning Commission had recommended approval with four conditions.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Shelly Hatten, speaking for petitioner, favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2003-200
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 40
ACRES OF LAND LOCATED IN THE CITY OF DENTON IN THE WILLIAM
DANIEL SURVEY, ABSTRACT NO. 378 AND GENERALLY LOCATED SOUTH
OF MISSION AVENUE, NORTH OF HOBSON LANE, AND EAST OF U.S. 377
HIGHWAY OR FORT WORTH DRIVE WITHIN A NEIGHBORHOOD
RESIDENTIAL 6 (NR-6) AND COMMUNITY MIXED USE GENERAL (CM-G)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z03-0014)
McNeill motioned, Burroughs seconded to adopt the ordinance with the noted conditions. On
roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye",
Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance on first reading to volumarily
City of Demon City Council Minutes
June 17, 2003
Page 14
annex approximately 67.69 acres of land generally located north and east of Teasley Lane (FM
2181), and west of Blue Bonnett in the southeastern section of the City of Denton Extraterritorial
Jurisdiction (ETJ). The Planning and Zoning Commission recommended approval (5-0). (t03-
0001, Teasley Lane High School)
Larry Reichhart, Assistant Director of Planning and Development, stated that this was the first
reading for the voluntary annexation by the DISD for a new high school site.
The following ordinance was considered:
FIRST READING
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING
APPROXIMATELY 67.69 ACRES OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS, LOCATED NORTH AND EAST OF TEASLEY
LANE (FM 2181) AND EAST OF BLUE BONNETT IN THE SOUTHEASTERN
SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN
THE J.C. BAKER SURVEY, ABSTRACT NUMBER 47, DENTON COUNTY, TEXAS
AND BEING PART OF THE CALLED 13.404 ACRE TRACT DESCRIBED IN THE
DEED FROM GLENN WAYNE GRAY, JR. ET UX TO DENTON INDEPENDENT
SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 874 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A PART OF THE CALLED
13.406 ACRE TRACT DESCRIBED IN THE DEED FROM BRANDON S. GRAY ET
UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME
4088, PAGE 870 OF THE SAID REAL PROPERTY RECORDS, A PART OF THE
CALLED 13.387 ACRE TRACT DESCRIBED IN THE DEED FROM CHARLES
RUDY ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT
RECORDED IN VOLUME 4088, PAGE 860 OF THE REAL PROPERTY RECORDS,
AND THE CALLED 37.595 ACRE TRACT DESCRIBED IN THE DEED FROM
CLAUDE D. ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT
RECORDED IN VOLUME 4088, PAGE 865 OF THE REAL PROPERTY RECORDS;
APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A03-0001).
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council considered an ordinance of the City of Demon, Texas authorizing
participation in a coalition of cities known as the Alliance of TXU Municipalities (ATM) in
order to hire attorneys and experts to respond to the filings of TXU Gas Company locally and
before the Railroad Commission of Texas including the authority to negotiate with the company
and to direct any necessary litigation; authorizing intervention at the Railroad Commission of
Texas; suspending the effective date of TXU Gas Distribution's requested rate changes as set
forth in their Statement of Intent filed with the City Secretary to permit the City time to study the
request and establish reasonable rates; to require the reimbursement of municipal rate case
expenses; finding that the meeting complied with the Open Meetings Act; making other findings
and provisions related to the subject; and declaring an effective date.
City of DeNon City Council Minutes
June 17, 2003
Page 15
Mayor Brock and Council Member Thomson left the meeting with a conflict of interest.
Herb Prouty, City Attorney, briefed the Council on the details of the filing of TXU.
The following ordinance was considered:
NO. 2003-201
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
PARTICIPATION IN A COALITION OF CITIES KNOWN AS THE ALLIANCE OF
TXU MUNICIPALITIES (ATM) IN ORDER TO HIRE ATTORNEYS AND EXPERTS
TO RESPOND TO THE FILINGS OF TXU GAS COMPANY LOCALLY AND
BEFORE THE RAILROAD COMMISSION OF TEXAS INCLUDING THE
AUTHORITY TO NEGOTIATE WITH THE COMPANY AND TO DIRECT ANY
NECESSARY LITIGATION; AUTHORIZING INTERVENTION AT THE
RAILROAD COMMISSION OF TEXAS; SUSPENDING THE EFFECTIVE DATE OF
TXU GAS DISTRIBUTION'S REQUESTED RATE CHANGES AS SET FORTH IN
THEIR STATEMENT OF INTENT FILED WITH THE CITY SECRETARY TO
PERMIT THE CITY TIME TO STUDY THE REQUEST AND ESTABLISH
REASONABLE RATES; TO REQUIRE THE REIMBURSEMENT OF MUNICIPAL
RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE
OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp
"aye", McNeill "aye", Momgomery "aye", and Redmon "aye". Motion carried unanimously.
Mayor Brock and Council Member Thomson returned to the meeting.
C. The Council considered adoption of an ordinance approving an Alternative
Development Plan for the Brinker Crossing development. The approximately 2.0 acre
developmem was generally located on the west side of Brinker Road, south of Loop 288. The
property was within a Regional Cemer Commercial Dowmown (RCC-D) zoning district.
Commercial uses were proposed. The Planning and Zoning Commission recommended approval
with conditions (5-0). (ADP03-O005, Brinker Crossing)
Larry Reichhart, Assistant Director of Planning and Development, stated that the alternative plan
proposed parking between the building and the road with architectural elemems to screen the
parking with fence and landscaping.
The following ordinance was considered:
NO. 2003-202
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR BRINKER CROSSING
DEVELOPMENT, BEING AN APPROXIMATE 2 ACRE SITE LOCATED
APPROXIMATELY 450 FEET SOUTH OF LOOP 288 ALONG THE WEST SIDE OF
BRINKER ROAD LEGALLY DESCRIBED AS LOTS 5 AND 6 BLOCK A OF THE
City of DeNon City Council Minutes
June 17, 2003
Page 16
BR1NKER CROSSING ADDITION; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0005)
Redmon motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance approving an Alternative
Development Plan for approximately 23.7 acres generally located at the northwest corner of
Brinker Road and Colorado Boulevard imersection. The subject property was within a Regional
Cemer Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative
Development Plan was to deviate from the requirements of Subchapter 13 of the Development
Code. Office uses were proposed. The Planning and Zoning Commission recommended
approval (6-0). (ADP03-O006, Sally Beauty)
Larry Reichhart, Assistant Director for Planning and Development, stated that the proposal was
to deviate from the connectivity requirements due to the location of Denton's rails to trails and
the current development of the connecting property. The proposal was to also deviate from the
street tree requirements in order to save a large quantity of existing trees in several locations.
The following ordinance was considered:
NO. 2003-203
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR SALLY BEAUTY SERVICE
CENTER, BEING AN APPROXIMATE 23.7 ACRE SITE GENERALLY LOCATED
AT THE NORTHWEST CORNER OF BRINKER ROAD AND COLORADO
BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (ADP03-0006)
Burroughs motioned, McNeill seconded to adopt the ordinance as proposed. On roll vote,
Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson
"aye" and Mayor Brock "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance approving an Alternative
Developmem Plan for approximately 0.92 acres, commonly known as 3303 Colorado Boulevard,
generally located along the north side of Colorado Boulevard approximately 1,100 feet east of
Brinker Road and Colorado Boulevard imersection. The subject property was within a Regional
Cemer Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative
Development Plan was to deviate from the requirements of Subchapter 13 of the Development
Code. A medical office was proposed. The Planning and Zoning Commission recommended
approval with conditions (6-0). (ADP03-O007, Quantum Family Medical)
Larry Reichhart, Assistant Director of Planning and Development, stated that the alternative plan
was needed to allow parking between the building and the street and to orientate the building
City of Demon City Council Minutes
June 17, 2003
Page 17
toward the parking lot. The developer was trying to save a large grove of trees and to orientate
the parking closer to the building for patients. There would also be a shared access with the
existing office building to facilitate the site design of a drive aisle in from of the building. The
Planning and Zoning Commission had recommended two conditions.
The following ordinance was considered:
NO. 2003-204
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR 3303 COLORADO BOULEVARD,
BEING AN APPROXIMATE 0.92 ACRE SITE LOCATED ON THE NORTH SIDE OF
COLORADO BOULEVARD APPROXIMATELY 1,100 FEET EAST OF BRINKER
ROAD LEGALLY DESCRIBED AS LOT 2 BLOCK B OF THE DENTON REGIONAL
MEDICAL CENTER SUBDIVISION, PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND
EFFECTIVE DATE. (ADP03-0007)
Thomson motioned, Momgomery seconded to adopt the ordinance with the amendmems as
suggested. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye",
Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
F. Consider adoption of an ordinance calling a sales tax election to be held in the City
of Denton, Texas, on September 13, 2003, designating polling places, appointing election officials;
providing for early voting; providing for bilingual notice of the election; ordering that an electronic
voting system be used; making additional provisions for the conduct thereof; providing an open
meetings clause; and providing for an effective date.
This item was not considered.
G. New Business
The following items of New Business were suggested by Council Members for future agendas:
1. Council Member McNeill requested a work session with staff and developers
regarding asphalt versus concrete standards for roads.
2. Council Member Burroughs suggested a revision to the currem gas and oil drilling
ordinance to included an automatic provisions for screening from the start of construction. A
variance would be required in order to not screen the well.
3. Council Member Redmon requested a discussion on developmem language to
save existing trees on a roadway.
4. Council Member Redmon requested a work session on the jail closing situation.
H. Items from the City Manager
City of Demon City Council Minutes
June 17, 2003
Page 18
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
I. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
J. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 8:40 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM:
July 15, 2003
City Manager's Office
Michael Conduff, City Manager
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of the Apollo
Nights Concert Series on Sunday, July 20, 2003, Sunday, August 3, 2003 and Sunday,
August 17, 2003 at Fred Moore Park, from 6:00 p.m. to 10:00 p.m. The requestor is
specifically asking for an exception to all dates to allow live music on Sunday.
BACKGROUND
Harold Jackson has submitted a request to have live music in Fred Moore Park for three
Sundays, one in July and two in August, to help encourage youth to increase their
performance ability and provide a safe environment for entertainment.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
None
FISCAL INFORMATION
None
Attachment:
Letter from Harold Jackson
Prepared By:
Pamela Rambo-Estill,
Assistant to the City Manager
June 23, 2003
Mayor and Members of the City Council:
I would like to request an exception to the noise ordinance for the Apollo Nights event to
be held Sunday July 20, August 3, and August 17 from 6:00 p.m. to 10:00 p.m. Apollo
Nights is to host a local talent show for youth. The show is to be held in the Fred Moore
Park. I anticipate approximately 150 people to attend the talent shows. The program will
help encourage youth to increase their performance ability and provide a safe
environment for entertainment.
Sincerely,
Harold Ja~ckson
515 Smith St.
Denton, TX 76201
940/383-7891
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2003
DEPARTMENT:
CM/DCM/ACM:
Airport and Transit Operations
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an ordinance approving an amendment to an airport lease between
the City of Denton and Ezell Aviation, Incorporated and a partial assignment to George
Dalton; and providing an effective date.
BACKGROUND
In May 1997 Ezell Aviation was assigned the Frank Strickler, Fox 51, Inc. fixed base
operator (FBO) and commercial lease agreement. Based on a business plan submitted to
staff at the time, the Fox 51 lease agreements were combined into a single lease
agreement providing a 30-year term so that Ezell Aviation could receive favorable
financing and an appropriate return on their investment. At this time, a rate reduction
was provided from approximately $0.085 per square foot to $0.061 on all FBO lease
property. This reduction was provided to establish equality between a similar FBO
agreement as well as the agreement that Ezell would build a 44,000 square foot building
to relocate their aircraft restoration business from Stephens County and bring
approximately 25 employees to Denton. In addition to this, Ezell was taking under lease
an additional 120,000 square feet of Airport property.
In the Spring of 1998, Ezell Aviation approached the City to request that the 44,000
square foot building requirement be lessened due to unanticipated development costs
associated with the Building Code and Fire Code at the time. The original lease required
that the structure be completed no later than June 1, 1998. In December 1998, a
compromise was made with Ezell Aviation to reduce the building requirement to 12,000
square feet and provide an additional five (5) years to complete the structure. In April of
2002, Ezell approached the Airport Board and airport management to discuss the building
requirement and identify the type of hangar development that would fit with the Airport
Master Plan then under review. The Ezell's were informed that small T-hangar
development would not be acceptable in that location as the building site was planned for
larger, commercial operation, hangars.
In October of 2003, Airport Management and Ezell Aviation discussed the impending
June deadline for completion of development. In March of 2003, Ezell Aviation
indicated they were entertaining offers from Dalton North Texas Aero to purchase a
portion of the lease agreement and the improvement thereon. As of June 1, 2003, due
date for hangar completion, Ezell had not completed the hangar nor applied for a building
permit for said development. However, Ezell Aviation, Dalton North Texas Aero and
Airport Management have been negotiating terms of an agreement to facilitate further
development at the Airport and to meet the terms of the 1998 amended lease agreement.
As of the June 1, 2003 due date, Ezell Aviation is in default of their lease agreement with
the City of DeNon. Legal staff will be providing the City Council with a legal brief on
this issue during the executive session.
The proposed Second Amendment to the Lease provides the following terms:
14,400 square feet of hangar space must be completed no later than March
1, 2004, with building permit being issued no later than September 2,
2003, actual construction beginning no later than October 1, 2003, and
75% of the entire hangar space will be under construction no later than
December 31, 2003. The lease will terminate upon written notice without
advanced notice, if any of these benchmarks are not met. Lessee will
immediately vacate the lease premises without necessity of eviction
proceedings.
A substantial portion of Tract C of the lease will be deleted from the lease
agreemeN for use by the City.
3. The lease is clarified that a restaurant use is permitted.
The buy out provisions for the new hangar space will be reduced froml/45
to 1/30 of the value for each year remaining on the lease.
ReNal paymeNs for redefined Tract B (where the new hangars will be
constructed) is increased from the minimum FBO rate of approximately
6.1 cents per square foot to approximately 8.5 cents per square foot.
The partial assignment to Dalton provides for the following:
1. Tract A of the lease (the FBO) will be assigned to Dalton.
The purchase money from Dalton to Ezell for Tract A (approx. $380,000)
will be placed into escrow to pay for the construction of the new hangars
on Tract B.
A default by Ezell of the remaining lease as to Tracts B and D will not act
a default by Dalton under that portion of the lease covering Tract A.
OPTIONS
Approve the proposed Ezell lease amendmeN allowing for the assignmeN of
a portion of the lease to Dalton North Texas Aero and extending the due date
for completion of developmeN.
II. Provide staff direction with other alternatives to the proposed lease
amendment.
RECOMMENDATION
Staff recommends the approval of the proposed lease amendment and partial assignement
to Dalton. The Airport Board recommends approval of amendment by a 4-1 vote.
ESTIMATED SCHEDULE OF PROJECT
The amendment would become effective as of June 1, 2003 and continue through the end
of the original primary term, May 2027. Dalton North Texas Aero will have the option to
buy out the remaining leasehold, or a portion of said leasehold, that Ezell Aviation will
maintain in the proposed lease amendment. This provision will allow Dalton North
Texas Aero 12 months from the date of the proposed amendment to make an offer on the
remaining Ezell Aviation leasehold.
PRIOR ACTION/REVIEW
The City Attorney's Office reviewed and prepared the proposed amendment. Airport
Board and Airport Management has reviewed the proposed amendment.
FISCAL INFORMATION
Approximately 100,000 square feet of leasehold property will be released from the
current lease agreement. This release will result in an overall reduction in annual lease of
approximately $6,100. Approximately 75,000 square feet of the lease will experience an
increase in lease rate from $0.061 to $0.085. This increase will result in an increase of
approximately $1,843 annually for this portion of the lease. Overall impact to lease
revenue will be a reduction of approximately $4,257 annually. Exact impact will not be
known until a legal survey is provided by Ezell Aviation that will provide exact square
footage involved. The release of the 100,000 square feet of property will allow Airport
Management to market a more favorable development site for large scale development
anticipated in the Terminal Apron Area.
EXHIBITS
Ordinance
Agreement
Exhibit
Respectfully submitted:
Mark Nelson
Director of Airport and Transit Operations
. S:\Our Documents\Ordinances\03L4irport Lease Amendment and Partial As$ignment-Ezetl-Datton.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT
TO AN AIRPORT LEASE BETWEEN THE CITY OF DENTON AND EZELL AVIATION,
INCORPORATED AND A PARTIAL ASSIGNMENT TO GEORGE DALTON; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The City Council hereby approves the Second Amendment to Airport
Lease Agreement between the City of Denton and Ezell Aviation, Incorporated and a partial
assignment to George Dalton in substantially the form of the documents which are attached
hereto and made a part of this ordinance for all purposes.
SECTION 2. The City Manager, or his designee, is authorized to sign said documents
on behalf of the City of Denton.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__day of ~ 2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: '~
SECOND AMENDMENT TO AIRPORT LEASE AGREEMENT
COMMERCIAL/FBO
This Second Amendment to Airport Lease Agreement ("Second Amendment") is
made and entered by and between the City of Denton, Texas ("Lessor") and Ezell
Aviation, Incorporated ("Lessee") as of the Effective Date as set forth below.
WHEREAS, the Lessor and Lessee desire to amend that certain Airport Lease
Agreement dated May 6, 1997 approved by Ordinance No. 97-132 as amended by that
certain First Amendment to Airport Lease Agreement dated December 8, 1998, approved
by Ordinance No. 98-431 (collectively called the "Airport Lease"); and
WHEREAS, the Airport Advisory Board for the City of Denton has
recommended approval of this Second Amendment;
NOW, THEREFORE, in consideration of the mutual covenants, the parties agree
to the following amendments to the Airport Lease:
1. Article I of the Airport Lease is amended to delete from the leased premises that
portion of Tract C particularly shown on Exhibit D attached hereto and made a part
hereof by reference (the "Deleted Leased Premises") so that the leased premises under
the Airport Lease shall exclude the Deleted Leased Premises. Lessee hereby releases and
quitclaims to Lessor all of Lessee's right, title and interest it has in and to the Deleted
Leased Premises. Tract A and Tract B are redefined and described as shown on Exhibit
D. A legal description of the redefined Tracts A and B will be provided by Lessee to
Lessor no later than August 5, 2003 which will be made a part of Exhibit D.
2. Section B of Article I of the Airport Lease is amended to make it clear that a
restaurant is a permitted use.
3. Subsection B. 1 .f of Article II of the Airport Lease is deleted and replaced with the
following:
Construction of 14,400 square feet of hangar space in one or more hangars
on Tract B shall be completed on or before March 1, 2004. No individual
hangar shall be less than 3,600 square feet. Each hangar shall have a door
with a minimum width of 50 feet. The building permit for the initial
hangar must be obtained on or before September 2, 2003 ("First Building
Permit Issuance Covenant"). Actual construction on the initial hangar
shall begin on or before October 1, 2003 ("Commencement of
Construction Covenant"). Seventy-Five percent (75%) of the entire
14,400 square feet of hangar space shall be under construction on or
before December 31, 2003 ("75% Construction Covenant"). One hundred
percent (100%) of the entire 14,400 square feet of hangar space shall be
completed on or before March 1, 2004 ("Construction Completion
Covenant").
4. Section IX of the Airport Lease is amended to add a Subsection C. to read as
follows:
C. Cancellation by Lessor-Failure to Construct Hangar Space Improvements
In the event Lessee fails to fulfill the First Building Permit Issuance
Covenant, the Commencement of Construction Covenant, the 75% Construction
Covenant, or the Construction Completion Covenant as specified in Subsection
B.l.f of Article II, then in any such instance Lessor may terminate this Airport
Lease and all of Lessee's rights thereunder by a written notice to Lessee without
advance notice. In such event, Lessee shall immediately vacate the leased
premises without the necessity of eviction proceedings. In such event, the
provisions of Subsection D.4 of Article II as amended by this Second Amendment
will apply to the Lessor's right to purchase all buildings, structures and
improvements on the leased premises.
5. Subsection D.4 of Article II is hereby amended to change "one forty-fifth (1/45)
for new improvements constructed on FBO Tracts A,B, and C" to now read "one thirtieth
(1/30) for new improvements constructed on FBO Tracts A,B, and C".
6. Subsection E. of Article XV is deleted and replace with the following:
E. Notice. Any notice given by one party to another in connection with this
Agreement shall be in writing shall be sent by certified mail, return receipt
requested, postage prepaid at the addresses below, or via facsimile to the fax nos.
below:
1. If to Lessor:
City Manager
City of Demon
City Hall
215 E. McKinney
Denton, Texas 76201
Fax No. 940.349.8596
2. If to Lessee:
Nelson Ezell
President
Ezell Aviation, Incorporated
P.O. Box 1793
Breckenridge, Texas 76424
Page 2
7. Subsection B. of Article III is amended to add Tract B and that portion of Tract C
not a part of the Deleted Leased Premises (the "Redefined Tract B" as shown on Exhibit
"D") to be treated as a commercial tract and not an FBO tract and the same as Tract D for
rental purposes and all other purposes under the Airport Lease, effective as of the
Effective Date of this Second Amendment.
This Second Amendment is intended to amend the provisions of the Airport Lease
only to the extent set forth herein. All other terms, conditions and covenants contained in
the Airport Lease shall remain in full force and effect.
Signed by the parties hereto to be effective as of June 1, 2003 (the "Effective
Date")
CITY OF DENTON, TEXAS
BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Michael A. Conduff
City Manager
BY:
APPROVED AS TO FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
EZELL AVIATION, INCORPORATED
APPROVED AS TO FORM
BY:
Nelson Ezell
President
Page 3
Larry Collister, its attorney
ACKNOWLEDGMENT
STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the __ day of .,
2003 by Nelson Ezell, President of Ezell Aviation, Incorporated, on behalf of said
corporation.
Notary Public, State of Texas
Page 4
Exhibit D
NT
18'09'21
902, 1'
Commercial Tract D
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2003
DEPARTMENT:
CM/DCM/ACM:
Engineering
Jon Fortune, Assistant City Manager
SUBJECT
Consider the adoption of an Ordinance of the City of DeNon, Texas approving an Encroachmem
Agreemem between the City of DeNon and the City of Corinth, which permits the City of DeNon
to locate a water re-use pipeline in a portion of State School Road under the jurisdiction of the City
of Corinth; located in the Levi Young Survey, Abstract Number 1451, and the Berry Merchant
Survey, Abstract Number 800, in the City of Corinth, Denton County, Texas; authorizing the
expenditure of funds therefore; and providing an effective date.
BACKGROUND
Staff has been working with the City of Corinth to expedite an Encroachmem Agreemem for an
approximate 0.5416-acre parcel of land required for the 18" Oakmom Water Re-use Line project.
This tract is the last parcel of right-of-way needed for the project. At the same time the City of
Corinth has been pursuing several easemems and encroachmem agreemems from the City of
DeNon for Corinth infrastructure projects. The Corinth projects cross the City of DeMon's imerest
in the Rails to Trails as well as our 30' Public Utility Easemem which houses water and electric
milities, and runs parallel to the Rails to Trails corridor. Several of the Rails to Trails crossings
have previously been approved by City Council pursuam to the Chapter 26 requiremems. Under the
Local Government Code both entities are required to pay fair market value for transactions between
the parties. The City of Corinth has agreed to the Encroachment Agreement for the re-use water
line in exchange for the four infrastructure project crossings and encroachmems they require from
the City of DeNon. The approximate value of the 0.5416-acre parcel needed for the re-use water
line is $32,660.00. The four Corinth projects consisting of a total of approximately 0.2162-acres
and are valued at $13,000.00. The remaining balance of $19,600.00 will be held as a credit by the
parks department against any future crossings needed by Corinth.
OPTIONS
1. Approve the ordinance, or
2. Denial, or
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the ordinance.
ESTIMATED PROJECT SCHEDULE
Summer 2003
PRIOR ACTION/REVIEW
None
FISCAL INFORMATION
18" Oakmont Re-use Water Line Project Funding
ATTACHMENTS
Location map
Draft ordinance
Encroachment Agreement
Survey Illustration
Legal Description
Prepared By:
Pamela G. England
Real Estate Specialist
Respectfully submitted
Engineering Department
For Charles Fiedler
ORDINANCE NO.
AN ORDINANCE APPROVING AN ENCROACHMENT AGREEMENT BETWEEN THE
CITY OF DENTON, AND CITY OF CORINTH WHICH PERMITS THE CITY OF DENTON
TO LOCATE A WATER REUSE PIPELINE IN A PORTION OF STATE SCHOOL ROAD
UNDER THE JURISDICTION OF THE CITY OF CORINTH; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF DENTON;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Denton and City of Corinth desire to entire into an Encroachment
Agreement permitting the City of Denton to locate a water reuse pipeline in a portion of State
School Road under the jurisdiction of the City of Corinth, in substantially the same form as the
agreement attached hereto and made a part hereof by reference (the "Agreement"); and
WHEREAS, the City Council finds that the Agreement is in the public interest; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement on behalf of the City and to exercise the City's rights and duties under the Agreement,
including the expenditure of funds as provided therein.
SECTION 3. This ordinance shall become effective mediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAl) FORM:
BY:HERBERT ~ L. '~TTO~Y
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of
Corinth, a home rule municipal corporation in Denton County, Texas, acting herein by
and through its duly authorized City Manager, Kenneth Seale, 2003 S. Corinth Street,
Corinth, Texas 76010, the Grantor, hereinafter referred to as the "City," and the City of
Denton, a home rule municipal corporation in Denton County, Texas, acting herein by
and through its duly authorized City Manager, Michael A. Conduff, hereinafter referred
to as the "Grantee,"
WITNESSETH:
1. For and in consideration of Grantee's performance of the covenants
herein contained, and other valuable consideration in the amount set forth in Section 23
hereof, City hereby grants to Grantee permission to encroach upon, use and occupy
portions of the public right-of-way solely for the purpose of constructing and maintaining
an 18 inch water reuse pipeline (the "Encroachment Facility "), described in the attached
Exhibit "A", for descriptive purposes only, to be located within the area described in the
attached Exhibit "B" ("Encroachment Area").
2. Grantee shall be responsible for all maintenance and operation in
connection with the encroachment, use, and occupancy. Grantee shall maintain the
Encroachment Facility in strict compliance with the Charter, Ordinances and Codes of
City and in accordance with the directions of the Director of Public Works of City, or his
duly authorized representative.
3. The Encroachment Fadlity shall be constructed in such a manner as not
to interfere with the City facilities and shall be limited to and constructed only in
accordance with the plans and specifications previously submitted to City by Grantee, a
copy of which is attached hereto and made a part hereof as Exhibit "C" (the Plans and
Specifications') except for such modifications to the Plans and Specifications that are
reproved in advance in writing by the City (UAuthodzed Modifications"). When referring
to the Encroachment Facility within this Agreement, such term shall mean the
Encroachment Facility constructed in accordance with the plans and specifications and
authorized modifications, if any. The City of Codnth reserves the dght to limit
excavation within the Encroachment Area and/or to require specific construction
methods (including trench shodng or dry bore and casing installation techniques) for
any proposed work that may be permitted by this Agreement. These limitations or
construction methods shall be included in the construction plans and specifications for
any work performed within the Encroachment Area. In addition, the Grantee shall
provide adequate inspection and coordination with the City to insure these items are
adhered to by the contractor during construction.
4. Grantee, at no expense to City, shall make proper provision for the
relocation and/or installation of any existing or future utilities affected by such
encroachment, use and occupancy, including the secudng of approval and consent from
the utility companies and the appropriate agencies of the State and its political
subdivisions.
C:~DOCUM E~t~pgenglan\LOCALS~l~Ternp~NCROA~2. DOc Page I
5. City may enter and utilize the Encroachment Area at any time for the
purpose of installing or maintaining improvements necessary for the health, safety and
welfare of the public or for any other public purpose. City agrees that before performing
work, except in an emergency situation, City will give Grantee reasonable notice and
opportunity to coordinate its work to prevent unnecessary damage or disruption of the
Encroachment Facility. City agrees to use reasonable efforts not to damage or disrupt
the Encroachment Facility. However, Grantee agrees that Grantee shall not hold City,
its employees, agents or contractors responsible or liable for damage or disruption of
the Encroaching Facility installed by or on behalf of Grantee.
6. It is agreed that the dghts, duties, obligations and liabilities herein set forth
shatl be personal to Grantee and shall automatically terminate upon the sale,
transference, assignment, or other conveyance to any person or entity not a party to this
Agreement, unless the City gives its written consent to such sale, transfer or
assignment.
7. The parties hereto agree that the City streets, sidewalks and public rights-
of-way, including the portions of such streets, sidewalks, and public dghts -of-way to be
used and encroached upon as described herein, are held by City as trustee for the
public; that City exercises such powers over the streets as have been delegated to it by
the Constitution of the State of Texas or by the Legislature; and that City cannot
contract away its duty and its legislative power to control the streets for the use and
benefit of the public. If the City should at any time during the term hereof determine, in
its sole discretion, to construct public streets within the public right-of-way or to use or
cause or permit the said portions of the streets and sidewalks to be used for any other
public purpose, including but not being limited to underground, surface or overhead
communication, drainage, water lines, sanitary sewerage, transmission of natural gas or
electricity, or any other public purpose whether presently contemplated or not, then the
parties agree as follows:
a. In the event any proposed installation, reinstallation, relocation or
repair of any existing or future street, utility or other public improvements owned or
constructed by or on behalf of the public or at public expense is made more costly by
virtue of the construction, maintenance or existence of the Encroachment Facility, City
shalt notify Grantee of the additional cost, as determined by the engineer's estimate,
resulting from the Encroachment Facility. Grantee shall have 30 days to notify City of
its agreement to pay the additional cost. If Grantee fails to so notify the City, the City
may cancel and terminate this Agreement upon notice to Grantee.
b. In the event any installation, reinstallation, relocation or repair of
any existing or future street, utility or other public improvements owned or constructed
by or behalf o f the public or at public expense requires the Encroachment Facility to be
relocated, City shall notify Grantee. If City determines, which determination shall not be
unreasonably withheld, that there is sufficient space within the right-of-way for Grantee
to relocate the Encroachment Facility, the notice shall include notification that the
Grantee, if it so elects, shall be required to relocate the Encroachment Facility to the
location designated by City within 180 days. Grantee shall notify City within 30 days of
its agreement to relocate, at its sole expense, the Encroachment Facility in accordance
C:~DOCUM E~l\pgeng}an~,LOCALS~l~,Temp~NCROA~2. DOC Page 2
with the City's directions. If Grantee fails to so notify the City, the City may terminate
and cancel this Agreement upon notice to Grantee.
8. In the event this Agreement is terminated as provided in Paragraph 7 or
22, Grantee shall, at Grantee's sole expense, remove the Encroachment Facility as
required by this Agreement within 11 months after City notifies Grantee of the
termination. City shall not be liable to Grantee for the costs of any such required
removal, nor shall City be under any obligation to provide Grantee with an alternate
location for the Encroachment. No construction by City which interferes with Grantee's
use of the Encroachment Area shall occur until such time period has expired unless
approved in writing by Grantee.
9. Grantee understands and agrees that the granting of any encroachment
hereunder is not meant to convey to Grantee any right to use or occupy properly in
which a third party may have an interest, and Grantee agrees that it will obtain all
necessary permission before occupying such property.
10. Grantee agrees to comply fully with all applicable federal, state and local
laws, statutes, ordinances, codes or regulations in connection with the construction,
operation and maintenance of said encroachments and uses.
11. Grantee covenants and agrees that it shall operate hereunder as an
independent contractor as to all dghts and privileges granted hereunder and not as an
officer, agent, servant or employee of City; that Grantee shall have exclusive control of
and the exclusive dght to control the details of its operations, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invitees; that the
doctdne of respondeat supedor shail not apply as between City and Grantee, its
officers, agents, servants, employees, contractors and subcontractors, and nothing
herein shall be construed as creating a partnership or joint enterprise between City and
Grantee.
12. TO THE EXTENT PERMITTED BY LAW, GRANTEE COVENANTS AND
AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS
AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL
OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),
ARISING OUT OF OR INCIDENT TO THE PRESENCE, CONSTRUCTION,
OPERATION AND MAINTENANCE OF SAID ENCROACHMENT FACILITY. This
provision is for the sole benefit of the parties hereto and shall not constitute a waiver of
the governmental immunity of City or Grantee.
13. Grantee agrees to maintain public liability insurance covedng all public
risks as set forth in this Section 13.
C:~3OCUM E~I\pgenglan\LOCALS-I~Temp~ENCROA~2, DOC Page 3
a. Grantee agrees to maintain liability insurance related to all
construction activities related to the Encroachment Facility that are performed by an
independent contractor. Grantee shall require its independent contractor to maintain
such insurance coverages in amounts not iess than the following:
Property damage, per occurrence
Personal injury or death, per occurrence
$1,000,000
$1,000,OO0
with the understanding of and agreement by Grantee that such insurance amounts shall
be revised upward at City's option (but not in excess of the limits then being required by
the City of other independent contractors doing business with the City) and that Grantee
covenants and agrees to so revise such amounts within thirty (30) days following notice
to Grantee of such requirement. Such insurance policy shall provide that it cannot be
canceled or amended without at least thirty (30) days pdor written notice to City. The
liability insurance policy shall name City, its employees and officers as additional
insureds.
b. Grantee agrees to maintain public liability insurance covedng all
public risks related to the proposed use and occupancy of public property as located
and described in the portion of the Encroachment Area being used by Grantee for the
Encroachment Facility. The amounts of such insurance shall be not less than the
following:
Property damage, per occurrence
Bodily injury or death, per occurrence
$100,000
500,000
with the understanding of and agreement by Grantee that such insurance amounts shall
be revised to conform to the limits of the Texas Tort Claims Act, in the event the
limitations of liability for municipalities as set forth in the Act are increased. Grantee
covenants and agrees to so revise such amounts within 30 days of the effective date of
any such amendment.
c. Grantee shall provide to City a copy of an endorsement to
Grantee's, or as applicable, Grantee's contractor's liability policy wherein either City, its
officers and employees, are named therein as an additional insured or blanket coverage
is provided for afl persons or organizations required to be "additional insureds" by
written contract.
d. The amount of alt required insurance policies is not deemed to be a
limitation on Grantee's agreement to indemnify and hold harmless City.
e. City wili accept self-insurance for the coverages provided by
Grantee (but not Grantee's contractor) as set forth above in the event that Grantee
demonstrates, to the satisfaction of the City's Director of Finance, proof' of such self-
insurance in the coverages set forth above.
14. Grantee covenants and agrees to maintain the Encroachment Area
described in Exhibit "A" attached hereto in a neat, safe and attractive condition at all
times.
C:~DOCUM E~I\pgenglan\LOCALS~'I\Temp~NCROA-2- DOC Page 4
15. All notices, demands, requests or replies provided for or permitted by this
Agreement shall be in writing to the addresses stated in the Preamble hereof and may
be delivered by any one of the following methods: (1) by personal delivery; (2) by
deposit with the United States Postal Service as certified or registered mail, return
receipt requested, postage prepaid to the addresses stated betow; or (3) by deposit with
an overnight express delivery service.
Notice deposited with the United States Postal Service in the manner described
above shall be deemed effective one (1) business day after deposit with the U. S. Postal
Service, or notice by overnight express delivery service shall be deemed effective one
(1) business day after transmission to the overnight express carder.
16. This Agreement and the exhibits incorporated and attached constitute the
entire agreement between the City and Grantee for the uses granted. All other
agreements, promises and representations with respect thereto, unless contained in this
Agreement, are expressly revoked, as it is the intention of the parties to provide for a
comptete understanding, within the provisions of this document, and the exhibits
incorporated and attached hereto, of the terms, conditions, promises, and covenants
relating to Grantee's use of the Encroachment Area. The unenforceability, invalidity, or
illegality of any provision of this Agreement shall not render the other provisions
unenforceable, invalid, or illegal.
17. No waiver of any covenant or condition or of the breach of any covenant
or condition of this Agreement shall be taken to constitute a waiver of any subsequent
breach of the covenant or condition nor to justify or authorize the nonobservance on any
other occasion of the same or any other covenant or condition hereof. Any waiver or
indulgence of Grantee's default will not be considered an estoppel against City.
18. Grantee and City agree that this Agreement shall not be construed against
either party, it being understood that both parties contributed to the preparation of this
Agreement.
't9. The City will not be responsible for any costs of construction, operation
and maintenance of Grantee's Encroachment Facility. It is further agreed that the City
shall not be liable for any damage to the Encroachment Facility as a result of the City's
use pursuant to its easements. If any City property is damaged or destroyed by
Grantee, its agents, contractors, or employees, and an emergency situation exists, the
City shall provide notice to Grantee and may repair or replace the damaged property at
Grantee's expense, and payment is due upon Grantee's receipt of an invoice from the
City. The parties agree that an emergency situation exists if the situation could not be
reasonably anticipated, and imminent harm to property or persons exists if repair is not
immediately commenced. If such damage to City property occurs and an emergency
situation does not exist, City shall notify Grantee of such damage, and provide Grantee
an opportunity to repair the damage. If Grantee fails to do so within a reasonable time,
City shall make the repairs at Grantee's expense.
20. Blasting is not permitted on the Encroachment Area or adjacent areas.
C:~OCU M E~i\i~englan\LOCALS~ t~Ternp~ENCROA~2. DOC Page 5
21. Grantee shall perform such grading as necessary in order to leave the
Encroachment Area and easements and right-of-way areas in as near as possible to
present condition. Spoi~ dirt and all trash shall be removed from these areas. The
Encroachment Area and City easements and right-of-way shall be protected from
washing and erosion by a method approved by the City.
22. It is understood and agreed that, in case of default by Grantee or its
agents in any of the terms and conditions herein stated and such default continues for a
pedod of thirty (30) days after the City notifies Grantee in writing of such default, the
City may at its election terminate this Agreement and upon such termination, all of
Grantee's dghts hereunder shall cease and come to an end. This Agreement shall also
terminate upon the abandonment of the Encroachment Facility.
23. The consideration payable by Denton is $32,558.32, to be paid as follows:
$12,996.84 shall be applied as an offset to the City's
obligation to pay Grantee, the City of Denton, consideration
for the easement and encroachment agreements between
City for electdc easement ($4,569.18), street easement for
Walton Ddve, ($3,812.94) encroachment agreement for
utility line for Dobbs Road ($3,949.56), encroachment
agreement for crossing the City of Denton's Utility Easement
for the Codnth Lift Station 3A project, ($665.16), leaving a
balance of $19,561.50. The parties agree that the City of
Corinth may offset the remaining balance against any future
obligation to the City of Denton for the acquisition of any
encroachment or easement or other interest in land.
EXECUTED this
day of ,2003.
CITY OF CORINTH, GRANTOR
CITY OF DENTON, GRANTEE
Kenneth Seale, City Manager
Return to:
Ms. Kim Pence
City Secretary
City of Southlake
1400 Main Street
Suite 270
Southlake, Texas 76092
Phone (817) 481-1519
Michael A. Conduff, City Manager
C:~,DOCU M E~ i\pgenglan\LOCALS~i~,Temp~NCROA~2. DOC Page 6
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, on this day personally appeared Kenneth Seale known to me (or proved to me on
the oath of or through (description of identity card or other
document) to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that he is the duly authorized City Manager of the City of Corinth, and that he
executed same on behalf of said corporation for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
,2003.
[SEAL]
Notary Public in and for the State of Texas
Type or Pdnt Notary's Name
My Commission Expires:
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, on this day personally appeared known to me (or proved to me
on the oath of or through ...... (description of identity card or other
document) to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that he/she is the duly authorized City Manager of the City of Denton and that
he/she executed same on behalf of said corporation for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
,2003.
[SEAL]
Notary Public in and for the State of Texas
Type or Print Notary's Name
My Commission Expires:
C:~OCUME~i\pgenglan\LOCALS~i\Ternp\ENCROA~2.DOc Page 7
SURVEYS.: LEVI YOUNG SURVEY, ABSTRACT No. 1454, & BERRY MERCHANT SURVEY, ABSTRACT No. 800
LOCA, T,_tQN: CITY OF CORINTH, DENTON COUNTY, TEXAS
PERMANENTUTILITYEASEMENT [ ~mEmP. ~;~ PiRiR. SURVEY NUMBER DIRECTION DISIANCE
' "~ [~1/2'' IRF ABSTRACT NO. 950 L1 N55'59'50"W 61.60'
ROBERT H. MITCHELL \ ~ -~' OF DENTON -
RUTH MITCHELL \L12 gU~ ,,. L2 N24'45'52"E 15.8z'
REMAINDER 5.2,78 ACRES ~.' / x SU~/~-Y .~..~..__ ~ .
VO£UME 394, ,PACE 3 ~ /~'-- .... C'~ '0~' CORIt, ITI-I L3 NI2'4T52"E 208,,99'
~ ~=-- 14,'~' t~,~ ABSTRACT NO. I45t ..
SECTION tIA ~:t, i\ \ [.7 NTYOO'19"E 2.74'
\ , L9.~-¥\C\ ~ ,. _
,, l \i~ iL.~,. ~ ~ Lll N15'35'45"W 43.5~'
'~ ;'~\ ~ OAKMONT ESTATES ......... ,-. ...... ,~ ~,
"~) ~ ~¥~ \ P.R.D.C.T. . "
S10'5~20"E
-~ ~ ~_ ¥~.~X~ ~i ~ ~L17 518'26'25'E 260,16'
' , ~'~ -- ~ ~or ,, ~oc~ ,
15 OrlU~ ~SEMENT ~ ~
~r I ', ~ .... '~ P-~.~-~-~.
',
[ I ~ATER D[ZTRICT ~ ~ ~1~ ~ /
o 200' 4oo' ~ / ~, - Jl~ j/
GRAPHIC SCALE IN FEET / ~J ~ TIUBERGLEN CO
., _~, ' / ~,~j~ ,I D.C.C.F.No. 95-0079950
] ~ ~ TEXAS UTILfT[EN ELECTRIC C0~ ,~'l~ ' D R O C T
~F I'I I
ABST~CT NO, 800 ~ x x
/
80' R.O.F. ~
CABINET E, SLIDE 278
P.R.D.C.T.
C~ W56'00" 37b.oooo 77.052~ ~.6709 ~.9229~ s ~8'45'~2' [ ~
C2 32~9'H~ 470.0000 263.7527 ' i~5.4498 2e0.505~ ~ 6~1'12' w
C~ 0~'5,'24' H75.8~5 1~1~'4995 70.8554 ~4L4~36''~ S 17q9'54" ~
C4 09~T40' 568A942 9~,172~ 46.1874 92,07~1 S 08'43'24" ~
SPO0~ · ~SOC. 7417 CON~NENTAL ~. DATE 11-04-~2
REGISTERED PROFESSIONAL No. RICHLAND HILLS, ~. 76180 JOB NO. 1053-7-01
LAND SURVEYORS 817-28t-2355 ACAD FILE 1053-EASE14
III I I I IIII
EXHIBIT B
EXHIBIT A
PAGE I OF 2
LEGA~ DEscRIpTION
LEVI YOUNG SURVEY, ABS. No. 1451
BERRY MERCHANT SURVEY, AS. No. 800
CITY OF CORINTH, DENTON COUNTY, TEXAS.
SITUATED in the City of Corinth, Denton County, Texas and being a strip of land out of State School Road, being a
60 foot right-of-way dedicated to the City of Corinth according to the plat recorded in Cabinet E, Slide 279 of the Plat
Records of Denton County, Texas (P.R.D.C.T.), said strip of land being herein described as a proposed variable width
Permanent Utility Easement and being herein more particularly described by metes and bounds as follows:
BEGINNING at a point on the west property line of tract of land conveyed to Timberglen Co. P/S by deed recorded
in Denton County Clerk's File Number (D.C.C.F.No.) 95-0079950 of the Deed Records of Denton County, Texas
(D.R.D.C.T.), said beginn/ng point being on the easterly right-of-way of the said State School Road, said beginning
point also being North 24 degrees 43 minutes 32 seconds East 5.t2 feet from the intersection of the northerly right-of-
way of Robinson Road, being a 80 foot right-of-way dedicated to the City of Corinth according to the plat recorded in
Cabinet E, Slide 278 of the P.R.D.C.T. and the said easterly right-of-way of State School Road;
THENCE, North 56 degrees 59 minutes 50 seconds West 61.60 feet to a point on the westerly right-of-way of the
said State School Road and on the east property tine ora tract of land conveyed to Texas Utilities Electric Co. by deed
recorded in Volume 2526, Page 321 of the D.R.D.C.T.;
THENCE, North 24 degrees 43 minutes 32 seconds East, continuing along the said westerly right-of-way and said
property line, 15.82 feet to a point at the beginning of a curve to the left having a radius of 370 feet;
THENCE, in a northeasterly direction along the said right-of-way and said property line and along the said curve,
through an arc length of 77.06 feet and with a chord of North 18 degrees 45 minutes 32 seconds East 76.92 feet to a
'A" iron rod found.
THENCE, North 12 degrees 47 minutes 32 seconds East, continuing along the said right-of-way, 208.99 feet, in part
along the said east property line of the TXU tract then along the east property line of a tract of land conveyed to
Upper Trinity Regional Water District by deed recorded in D.C.C.F.No. 97-R0083781 of the D.R.D.C.T. to a point at
the beginning a curve to the let~ having a radius of 470 feet;
THENCE, in a northerly direction continuing along the said right-of-way and said property line along the said curve,
through an arc length of 263.75 feet and with a chord of North 2 degrees 41 minutes I2 seconds West 260.3I feet to a
point at the northeast property comer of the said Trinity tract and a southeast property comer of Block B of Oakmont
1I, Section III, being an addition to thc City of Corinth according to the plat recorded in Cabinet S, 8lido 179 of the
Plat Records of Denton County, Texas;
THENCE, Nortt~ 18 degrees 59 minutes 22 seconds West, along the said right-of-way and along the easterly property
line of the said Block B of Oakmont II, Section III, 547.15 feet to a 3/8" iron rod found at the intersection of the said
westerly right-of-way of State School Road and the southerly right-of-way of Hidden Oaks Drive;
THENCE, South 71 degrees 00 minutes 19 seconds West, along the said southerly right-of-way of Hidden Oaks
Drive and along the north property line of the said Block B of Oakmont II, Section Ill, 2.64 feet to a point;
THENCE, North 18 degrees 59 minutes 22 seconds West 74.97 feet to a point on the northerly right-of-way of the
said Hidden Oaks Drive and on the south property line of Block A of Oakmont II, Section III;
THENCE, North 71 degrees 00 minutes 19 seconds East, along the said northerly right-of-way of Hidden Oaks Drive
and along the south property line of the said Block A of Oakmont II, Section III, 2.74 feet to a ½" iron rod found at
the southeast comer of the said Block A and at the intersection of the said northerly right-of-way of Hidden Oaks
Drive and the said westerly right-of-way of State School Road;
THENCE, North 19 degrees 03 minutes 24 seconds West, along the said westerly right-of-way of State School Road
and along the said Block A of Oakmont II, Section III, 149.84 feet to a point;
THENCE, North 15 degrees 03 minutes 02 seconds West, continuing along the said westerly right-of-way of State
School Road, 456.67 feet, in part along the said Block A of Oakmont II, Section III, then along Block M of Oakmont
II, Section IIA, being an addition to the City of Denton according to the plat recorded in Cabinet S, Slide 176 of the
P.R.D.C.T., to a ½" iron rod found at the northeast comer of the said Block M of Oakmont I1, Section IIA;
THENCE, South 83 degrees 45 minutes 53 seconds West, along the north property line of the said Block M of
Oakmont II, Section IIA, 4.52 feet to a point;
EXHIBIT A
" PAGE 2 OF 2
'LEGAL DESCRIPTION
'- LEVI YOUNG SURVEY, AILS. No. 1451
. BERRY MERCHANT SURVEY, AS. No. 800
CITY OF CORINTH~ DENTON COUNTY, TEXAS.
THENCE, North 15 degrees 35 minutes 45 seconds West 43.33 feet to a point on the north survey linc of the Levi
Young Surx ey, Abstract Number 1451 and on the south survey line of the M.E.P. & P.R.R. Survey, Abstract Number
950, point also being the city boundary line between the City of Corinth and the City of Denton;
THENCE, ~4ortt~ 84 degrees 50 minutes 51 seconds East, along the said survey line and said city boundary linc,
16.27 feet to a point;
THENCE, South 15 degrees 35 minutes 45 seconds East 255.03 feet to a point;
THENCE, South 14 degrees 57 minutes 27 seconds East 180.78 feet to a point at the beginning of a curve to the left
having a radius of 1,173.84 feet;
THENCE, in a southerly direction along the said curve, through an arc length of 141.50 feet and with a chord of
South 17 donees 19 minutes 54 seconds East 141.41 feet to a point;
THENCE, South 18 degrees 59 minutes 20 seconds East, 173.42 feet to a point;
THENCE, South 18 degrees 51 minutes 19 seconds East, 301.79 feet to a point;
THENCE, South 1 g degrees 26 minutes 25 seconds East, 260.16 feet to a point at the beginning of a curve to the
right having a radius of 568.19 feet;
THENCE, in a southerly direction along the said curve an arc length of 92.17 feet and with a chord of South 8
degrees 43 minutes 24 seconds East 92.07 feet to a point;
THENCE, South 51 degrees 02 minutes 38 seconds West, 6.01 feet to a point;
THENCE, South 5 degrees 26 minutes 09 seconds West, 176.31 feet to a point;
THENCE, South 13 degrees 56 minutes 50 seconds West, 197.23 feet to a point;
THENCE, South 20 degrees 34 minutes 06 seconds West, 46.89 feet to a point;
THENCE, South 56 degrees 59 minutes 50 seconds East, 48.46 feet to a point on the said easterly right-of-way of
State School Road and on the said west property line of the Timberglen tract;
THENCE, South 24 degrees 43 minutes 32 seconds West, along the said right-of-way and said property line, 16.17
feet to the POINT OF BEGINNING;
The proposed Permanent Utility Easement being herein described contains 0.5416 acres (23,593 Sq. Ft.) of land to
be acquired.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC
RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE (3ROUND AND THAT SAME
IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survey: 11-04~02
AGENDA INFORMATION SHEET
AGENDA DATE: July 15, 2003
DEPARTMENT:
CM/DCM/ACM:
Airport and Transit Operations
Jon Fortune, Assistam City Manager
SUBJECT
Consider adoption of an ordinance authorizing the City Manager, or his designee, to
execute an imerlocal Agreemem between the City of Demon, the University of North
Texas and McDonald Transit Associates, Inc. to provide for motor carrier passenger
service for UNT studems, staff and faculty; and providing for an effective date.
BACKGROUND
Since the approval of a March 2001 imerlocal Agreemem between the City of Demon
and UNT, LiNK has provided UNT with various levels of motor carrier passenger service
for studems, staff and faculty who choose to ride LINK. in November 2002, UNT and
LiNK expanded the level of service provided in the original agreemem to include an
express route from the Jefferson Commons and Pace's Crossing apartment complexes to
UNT. This agreemem included the acquisition of six transit vehicles, the addition of a
route generally operated from 7:00 AM to 5:30 PM Monday through Friday and one FTE
for maimenance purposes (paid for through UNT).
In May 2003, UNT severed the motor carrier service comract with their previous service
provider. Prior to severing this agreement, UNT Police, Parking and Transportation
Officials inquired whether the City would be willing, and capable, to expand the currem
interlocal Agreement to provide all motor carrier transit service to UNT. The proposed
expansion would include on campus day service, a reduced on campus night service and
routes to certain apartment complexes near UNT that demonstrated a high level of
student occupancy.
In working with McDonald Transit and the Legal Departmem, it was determined the City
of Denton could expand services and enter into an expanded interlocal Agreement with
UNT and amend the current contract with McDonald Transit to provide the proposed
expanded service. UNT would be responsible for providing operating expenses to the
City for the proposed service and may be able to provide local match to federal grams for
the acquisition of additional transit vehicles. This would allow UNT the opportunity to
leverage funding via gram mechanisms available through the LiNK Public Transportation
System. The agreement is limited to 13 months of service to allow for the renegotiation
or revision of the agreement based on service level, outcome of the Denton County
Transportation Authority Election and potential loss of federal and state operating grants
based on the 2000 Census. UNT will use revenue generated from the studem
transportation fee to fund the service and to acquire approximately six new transit
vehicles.
OPTIONS
Approve the proposed Interlocal agreement for UNT service in its current
form.
II.
Provide staff direction with other alternatives the proposed Interlocal
agreement in its current form.
RECOMMENDATION
Staff recommends the approval of the proposed express service.
ESTIMATED SCHEDULE OF PROJECT
Interlocal agreement would become effective July 16, 2003 to continue current summer
service as agreed to in the last Interlocal agreement and amended through a letter of
understanding. UNT service will cominue through August 13, 2004 to cover all Summer
2004 operations.
PRIOR ACTION/REVIEW
The City Attorney's Office reviewed and prepared the proposed agreemem.
FISCAL INFORMATION
The agreemem requires UNT to provide paymem to the City for a total of $751,872 for
motor carrier transit service for 13 months, July 15, 2003 to August 13, 2004. UNT will
pay the City of DeNon a rate of 33.00 per hour for approximately 22,784 hours of service
to be provided during the term of the agreemem. The City of DeNon will pay McDonald
Transit a fee of $23.67 per revenue hour to provide operational, dispatch and supervisory
services for the UNT service, similar to the currem contract between the City and
McDonald Transit. The remaining $9.33 per revenue hour will be applied to supplies and
services curremly provided by the City for the LINK Service (fuel, maimenance, radios,
miscellaneous overhead). The cost per hour to operate the proposed service includes
funding of an FTE for prevemative maimenance of the vehicles.
EXHIBITS
Ordinance
Agreement
Exhibit
Respectfully submitted:
Mark Nelson
Director of Airport and Transit Operations
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, THE
UNIVERSITY OF NORTH TEXAS AND MCDONALD TRANSIT ASSOCIATES, INC. TO
PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR UNT STUDENTS, STAFF
AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the University of North Texas ("UNT") and the City of Denton have previously
entered into an Interlocal Agreement dated November 5, 2002 (the "Existing Agreement") to
provide motor carrier passenger service for UNT students, staff and faculty; and
WHEREAS, on April 16, 2002 the City and McDonald Transit Associates, Inc.
("McDonald") entered into that certain agreement to provide services for passenger motor carrier
service which was amended on December I0, 2002 (the Transit Agreement") which transit
services are operated under the name of "LINK"; and
WHEREAS, the City, UNT and McDonald des/re to enter into a new Interlocal Agreement
which will replace and supercede the Existing Agreement and amend portions of the Transit
Agreement, in substantially the same form as the Interlocal Agreement attached hereto and made a
part hereof by reference; and
WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest;
NOW, THEREFOR;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to eXecute the
Interlocal Agreement on behalf of the City and to exercise the City's fights and duties under the
Interlocal Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBE~Y~?TTORNEY
BY: ~"'-~ f
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and' entered into to be effective the 16t~. day of
July, 2003 (the "Effective Date"), by and between the City of Denton, Texas, a Texas
municipal corporation, hereinaf[er referred to as City, University of North Texas, a Texas
State University, hereinafter referred to as UNT and McDonald Transit Associates, Inc. a
Texas Corporation, hereinafter referred to as McDonald.
WHEREAS, on April 16, 2002 the City and McDonald entered into that certain
agreement to provide services for passenger motor cartier service which was amended on
December 10, 2002 (the Transit Agreement") which transit services are operated under
the name of "LINK"; and
WHEREAS, on November 5, 2002 the City and UNT entered into that certain
Interlocal Agreement (the "Existing Interlocal Agreement") for the City, through LINK,
to provide certain express bus services to UNT (the "Existing UNT Bus Service"); and
WHEREAS, the City, UNT and McDonald desire to enter into this agreement (the
"Agreement') to set forth terms and conditions to provide UNT with a comprehensive
bus service which will replace the Existing UNT Bus Service; and
WHEREAS, all payments for services under this agreement are made from
current revenues of the paying party and fairly compensate the performing party for the
services provided for herein; and
WHEREAS, this Agreement is in the public interest;
NOW, THEREFORE, the City, UNT, and McDonald in consideration of the
mutual covenants hereinafter expressed, agree as follows:
ARTICLE ONE
The term of this Agreement shall commence as of the Effective date and shall
expire on the 13th day of August, 2004. This Agreement may be terminated by the City
or UNT upon a 90 day advanced written notice to the other party and McDonald.
ARTICLE TWO
2.0 Under the Transit Agreement with the City, McDonald and City ("LINK") shall
provide bus transportation services to UNT that meet the following requirements:
a. A total of 340 revenue hours of service will be provided UNT for
scheduled fix route services at a cost of $33.00 per revenue hour, for a total of
$11,220 between July 16, 2003 and August 8, 2003 and shall be paid to the City
by LINT. Additional revenue hours may be added or deleted with reasonable
2.1
notice to City and McDonald as long as the total does not exceed 20% of the
original revenue hour total. Summer routes and service levels will remain the
same as those currently provided from June 1, 2003 through July 15, 2003.
b. An indeterminate number of revenue hours shall be prov/ded UNT for
prearranged summer charter service at a rate of $33.00 per hour between July 16,
and August 8, 2003. All such scheduled hours will be added or deleted with
reasonable notice to City and McDonald.
c. A total of 22,784 annual revenue hours will be provided UNT for
scheduled fixed route services at a cost of $33.00 per revenue hour, for a total of
$751,872 shall be paid to the City by LINT. Additional revenue hours may be
added or deleted with reasonable written notice to City and McDonald as long as
the total does not exceed 20% of the original annual revenue hour total.
d. Fall and spring circulator service will consist of four day routes
(attachments A-D) and one night route (attachment E). Day service hours will be
7:30 a.m. until 5:30 p.m. Monday through Friday. Night service will consist of
one route Sunday through Thursday operating 5:30 p.m. until 2:30 a.m. Dispatch
services and complaints will be handled through the UNT Police Department call
center after 8:00 p.m. Fall and spring service will be based on a 79 day semester.
There will be no service during UNT holidays, Saturdays, spring break or during
spring mini-mester.
e. Summer service will consist of one campus route operating fi'om 7:30 a.m.
until 5:30 p.m. Monday through Friday utilizing two vehicles. Summer service
will be based on a 49 day semester (attachment F).
f. Express Route service will consist of two routes operating from 7:10 a.m.
until 5:10 p.m. Monday through Thursday utilizing three vehicles. Express Route
will only be offered during the fall and spring semesters and not during the
summer service or mini-mester (attachment G)
g. Occasional charter and special event service limited to official UNT
sponsored events may be provided on an equipment availability basis. A
minimum of 48 hour notice must be provided to Link to provide such service.
In order to assure the delivery of transit service in a quality manner, consistent
with the objectives of UNT and LINK, the following performance guidelines will
be adhered to. These performance guidelines will be reviewed periodically
throughout the term of this Agreement and are subject to revision by mutual
agreement of the parties.
a. The LINK service will have a 90% on time efficiency. An on time trip is
one that is 0 minutes early and no more than 5 minutes late.
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b. The LINK service will have no more than 5% missed trips. A missed trip
is one that is not completed in its entirety or is more than 15 minutes late.
c. All complaints will be acted upon witkin 24 hours of receipt by Link.
LINT will take the complaint calls from the customer and lransrnit them to Link.
Link will contact the customer within 24 hours of receipt by it of the complaint
and submit the record of disposition to UNT within 48 hours of receipt.
d. LINK will maintain, and provide UNT upon request, a report of all
accidents associated with the Link service under this Agreement. A vehicle
accident rate of four or less accidents per I00,000 miles of service will be
maintained by LINK. An accident is defined as any event involving LINK
service under this Agreement causing $1,000 or more in personal injury or
property damage.
e. LINK will provide adequate preventative maintenance of vehicles under
this Agreement, which will include the completion of all scheduled maintenance
inspections within 700 miles, before or after, the scheduled time for maintenance.
ARTICLE THREE
LINK shall furnish all bus operators, dispatchers (except night service provided
by UNT as set forth above), supervisors, administrative personnel and other personnel
needed to provide the transit services provided for in this Agreement, except for
mechanics which will be provided by the City. All bus operators shall be trained to
operate a safe reliable service. All background checks will be conducted by Link in
accordance with current policy in place for Link system drivers. Bus operators will be
uniformed and present themselves in a professional and courteous manner at all times.
ARTICLE FOUR
4.0
UNT has provided and will continue to provide to LINK ten 2003 Goshen 27
passenger air-conditioned lift equipped buses (attachment H). City will continue
to provide six air conditioned non lift equipped 1987 Flxible buses acquired under
the November 5, 2002 agreement. In addition to these buses, UNT will provide
LINK with additional buses to assure that there is a 20% spare ratio for the
Goshen buses. Until such time as UNT provides additional buses to meet the
above spare ratio, LINK reserves the fight to substitute vehicles on an as needed
basis without jeopardizing LINK fixed route service levels. Link will focus the
Flxible buses or other LINK vehicles on express routes and UNT vehicles on the
on-campus circulator routes when substitution of vehicles is necessary. Each
vehicle will be equipped by LINK with a two-way radio system.
4.1
UNT may substitute the above vehicles with other vehicles that LINK agrees are
suitable to provide the LINK transit services provided for in this Agreement.
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4.2
4.3
4.4
4.5
Each vehicle placed in service will be clean, generally free of body damage, and
have all safety items fully operational.
The City will be responsible for maintenance of all vehicles as provided in the
Transit Agreement, including tires, in such manner as to keep the vehicles in the
same operating conditions and appearance in which they are received, subject to
reasonable wear and tear based on the mileage and age. This maintenance
includes all routine maintenance (based on manufacturer's recommendations),
heavy repair, and running repairs necessary to keep UNT furnished with vehicles
in a safe reliable and well-maintained condition.
UNT Police, Parking and Transportation personnel will have immediate and
unrestricted access to all vehicles and all maintenance records during planned or
unannounced visits. On any such visit, all UNT personnel will be required to
check in with the Fleet Superintendent or his designee who may require that such
UNT personnel be escorted.
All vehicle fuel and fueling will be provided by LINK.
ARTICLE FIVE
UNT will be named as an additional insured in ali liability insurance policies
provided under the Transit Agreement and as a loss payee for physical damage for all
vehicles provided by LrNT. UNT shall be entitled to a copy of the certificate of insurance
evidencing this fact and City will notify UNT promptly of any changes regarding
insurance. City will also provide a waiver of subrogation to UNT for all claims involving
a loss for LrNT under these insurance policies. McDonald shall be responsible for the
payment of ail deductibles for such insurance.
6.0
ARTICLE SIX
Fees paid by UNT shall be calculated based on the revenue hours at the rate as
provided in Article Two. Fees paid by City to McDonald shall be calculated based
on $23.67 per revenue hour. On or about the first day of September 2003 City
shall provide UNT an invoice for the estimated service and revenue for the month
of September. On or about the first day of October 2003 and each successive
month thereafter under this Agreement, City shall invoice UNT for the then
current months estimated service and revenue hours; including, any adjustment
from an increase or decrease in the prior months actual service level. UNT shall
pay all invoices to City within 30 days of the receipt and approval of the monthly
invoice at the University's approved billing address, P.O. Box 310499, Denton,
Texas 76203. The City shall pay McDonald at the $23.67 per revenue hour rate
within 30 days of receipt of its payment from UNT.
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6.1
6.2
7.0
7.I
On or before August 25, 2003 LINT shall pay City the sum of $15,480, which is
for the cost to provide professional training of up to 20 bus operators for a
minimum of 40 hours of training each. The City will pay such sum to McDonald
with five days of receipt from LTNT. City shall invoice UNT for said payment not
later than August 1, 2003.
At all reasonable times UNT shall be entitled to audit the records of LINK to
determine that the fees are correct. However, in no event shall this provision
permit UNT to withhold payment of the fees. If it is found that UNT was
overcharged UNT shall be entitled to receive the amount of overcharge with
interest at the maximum rate allowable by law.
ARTICLE SEVEN
This Agreement represents the entire and integrated agreement between City and
UNT and supersedes all prior negotiations, representations and/or agreements,
either written or oral pertaimng to bus services provided to UNT by LINK. This
Agreement represents an amendment of the Transit Agreement between the City
and McDonald and supercedes the Transit Agreement only to the extent of a
conflict. The Transit Agreement will remain in full force and effect except as
amended herein. This Agreement may be amended only by written instmrnent
signed by all parties.
It is understood and agreed by the parties that if any part, term, or provision of
this contract is held by the courts to be illegal or in conflict with any law of the
state where made, the validity of the remaining portions or provisions shall not be
affected, and the fights and obligations of the parties shall be construed and
enforced as if the contract did not contain the particular part, term, or provision
held to be invalid.
ARTICLE EIGHT
The Director of Police, Parking & Transportation for LINT and the Assistant City
Manager for Public Safety and Transportation Operations for City may enter into
memorandums of understanding, not inconsistent with the Transit Agreement, that he/she
deems necessary to give full force and effect to the Transit Agreement. Such
memorandums specifically include the delegation of authority to adjust/modify/create
appropriate bus routes, stop locations, hours of service, operating policies, etc. Such
delegation does not include the setting or adjustment of the hourly revenue rate.
ARTICLE NINE
Chapter 2260 of the Texas Government Code establishes a dispute resolution
process for contracts involving goods, services and certain types of projects. The parties
must use the statutory dispute resolution process to attempt to resolve disputes arising
under this Agreement.
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ARTICLE TEN
Any notice given by one party to the other in connection with this Agreement
shall be in writing and shall be by personal delivery; or shall be sent by registered mail or
certified mail; or shall be sent by U.S. Mail, rearm receipt request, postage prepaid; or by
facsimile to:
CITY:
Jon Fomme, Assistant City Manager
Public Safety and Transportation Operations
City of Denton
215 East McKinney Street
Denton, Texas 76201
Fax No. 940.349.8596
Richard Deter, Director
Police, Parking and Transportation
University of North Texas
P.O. Box 310948
Denton, Texas 76203-0948
Fax No. 940-369-8788
MCDONALD:
Robert T. Babbit, President
McDonald Transit, Inc.
4040 Fossil Creek Blvd., Suite 200
Fort Worth, Texas 76137
Fax No. 817.232.9560
Notice shall be deemed to have been received on the date of receipt as shown on
the return receipt or other evidence of receipt.
Signed as of the Effective Date as provided above.
CITY OF DENTON, TEXAS
BY:
MICHAEL A CONDUFF
CITY MANAGER
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ATTEST:
JENN~ER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM:
HERBERT ~UTY,~ITY ATTORNEY
THE UNIVERSITY OF NORTH TEXAS
ATTEST:
By:
Philip Diebel
VP Finance & Business Affairs
By:
APPROVED AS TO LEGAL FORM:
CHONG H. CHOE, ASSISTANT GENERAL COUNSEL
By:
MCDONALD TRANSIT ASSOCIATES, INC.
BY:
ROBERT T. BABBIT
PRESIDENT
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Attachment A
Route 1 - Mean Green
Monday ~hru Friday: Service begins ~t 7;30am - Service ends at 5:30pm
IN ORTH IEXAS
f [
Stella
Prairie
F
Oak
Hi~lhland ~
· t~ Hickor~
Prairie
Maple
Ea~lle Drive
Fouts Field (East)
Athletics
Fouts Field (Gate 5)
USB
Santa Fe Square
West Haft
College Inn/EESAT
GAB
Art Building
University Union
Maple Hall
Mozart Square/Gateway Center
7:30 AM '10;18 AM 1:26 PM 7:45 AM 10:25 AM 1:25 PM
7;38 AM 10:26 AM 1;38 PM 7:53 AM I0:33 AM 1:37 PM
7:46 AM 10:34 AM 1:50 PM 9;0t AM t0;41 AM 't:49 PM
7:54 AM 10:42 AM 2:02 PM 8:09 AM 10;49 AM 2:01 PM
8:02 AM t0:50 AM 2:14 PM 8:17AM 10:57 AM 2:13 PM
8:1D AM 10:58 AM 2;26 PM 8:25 AU 11:05 AM 2:25 PM
8'.18 AM 11:C6 AM 2:38 PM 8;33 AM 11:13 AM 2;37 PM
8:26 AM 11:14 AM 2:50 PM 8:41Abl 11:2tAM 2:4g PM
8,:34 AM .t 1:22 AM 3:02 PM 8:49 AM '~ 1:29 AM, 3:01 PM
8:42 AM t1:30 AM 3:14 PM 8:57 AM 'J1:37 AM 3:'~3 PM
8:50 AM 11:38 AM 3;26 PM 9:05 AM 11:45 AM 3;25 PM
8:58 AM 1 't :46 AM 3;38 PM 9:13 AM 11:53 AM 3;37 PM
9:06 AM 11:54 AM 3:50 PM 9;21 AM 12:01 PM 3:49 PM
9:14 AM 12:02 PM 4:02 PM 9:29 AM 12:0g PM 4:01 PM
9:22 AM 12;10 PM 4:14 PM 9:37AM 12:17 PM 4:13 PM
9:30 AM 12;18 PM 4:26 PM 9;45 AM 12:25 PM 4:25 PM
9:38 AM 12:26 PM 4:38 PM 9:53 AM 12:37 PM 4;37 PM
9:46 AM 12;38 PM 4:5(} PM 10:01 AM 12:49 PM 4:49 PM
9;54 AM 12:50 PM 5:02 PM 10:09 AM 1:01 PM 5:01 PM
10:02 AM 1:02 PM 5:14 PM 10:17 AM 1:13 PM, 5:t3 PM
'~0:10 AM 1:14 PM 5:2[~ PM 5:25 PM
Route 2 - North Texan
Monday thru Friday: Service Starts at 7:30am - Service Ends at 5:30pm
Attachment B
Prc~irie
Oak
':~ Prairie
University Courtyard
Rec Center/West Hall
Wiliis Library
University Union
7:30 AM 10:25 AM 1:41 PM 7:41 AM 10:38 AM 1:58 PM
7:37 AM t0:32 Alvl t;5t PM 7:48 AM 10:43 AM 2:C8 PM
7;44 AIM 10;39 AM 2:01 PM 7:55 AM 10:50 AM 2:18 PM
7:51 AM 10:46 AM 2:11 PM 8:02 AM 10:57 AM 2:28 PM
7:58 AM 10:53 AM 2:21 PM 8:09 AM 11:04 AM 2:38 PM
$:05 AM 11:00 AM 2:31 PM 8:16 AM 11:11 AM 2:48 PM
8:12 AM 11:07 AM 2:41 PM 8:23 AM 11:15 AM 2:58 PM
6:19 AM 11:14 AM 2:51 PM 8:30 AM 11:25 AM 3:08 PM
8:26 AM 11:21 AM 3:01 PM 6;37 AIVI 11:32 AM 3:18 PM
8:33 AM l't :28 AM 3:11 PM 8:44 AM 11:39 AM 3:28 PM
8:40 AM 11:35 AM 3:21 PM 8:5t AM 11:46AM 3:38 PM
8:47 AM 11:42 AM 3:31 PM 8:58 AM 11:53 AM 3:48 PM
8:54 AM 11:49 AM 3:41 PM 9:05 AM 12:00 PM 3:58 PM
9:01 AM 11:56 AM 3:81 PM 9:12 AM 12:07 PM 4:08 PM
9:08 AM 12:03 PM 4:01 PlVt 9:19 AM t2:14 PM 4:18 PM
9:15 AM 12:10 PM 4:11 PM 9:26 AM 12:21 PM 4:28 PM
9:22 AiM t2:t7 PM 4:21 PM 9:33 AM 12:28 PM 4:38 PM
9:29 AM 12:24 PM 4:31 PM 9:40 AM 12:38 PM 4:48 PM
9:36 AM 12;31 PM 4:41 PM 9:47 AM 12;48 PM 4;58 PM
9:43 AM 12:41 PM 4:51 PM 9:54AM 12:58 PM 5:06 PM
9:60 AM 12:5f PM ,5:01 PM 10:01 AM 1:08 PM 5:16 PM
9:57 AM 1:01 PM 15;11 PM 10'08 AM 1:18 PM 5:26 PM
10:04AM I:11 PM 5;~1 PM 10.'15 Alvl 1:28PM
10:11 AM 1:21 F'M 5:31 PM 10:22 AM 1:38 PM
10:18 AM 1:31 PM 10;28 AM 1:48 PM
Route 3 - Fouts Feeder
Monday thru Friday: Service Starts at 7:30am - Service Ends at 5:30pm
Attachment C
U~ORTIVERSIT'T'Y°f il l t__
H IEXAS ~/'--~ l
Prairie
Oak
Hickar~
Chestnut
Prairie
I-Ii~hland ~
Maple
Eagle Drive
Fouts Field (East)
Athletics
Fouts Field (Gate 5)
Santa Fe Square
Willis Library
University Union
7:30 AM 12:50 PM 7:41 AM 12:41 PM
7:50 AM t:10 PM 8:01 AM 1:01 PM
8:10 AM 1:30 PM 8:21 AM 1:21 PM
8:30 AM 1:50 PM 8:41 AM 1:41 PM
8:50 AM 2:10 PM 9:01 AM 2:01 PM
9:10 AM 2:30 PM 9:21 AM 2:21 PM
9:30 AM 2:50 PM 9:41 AM 2:41 PM
9:50 AM 3:10 PM 10:01 AM 3:01 PM
10:10 AM 3:30 PM 10:21 AM 3:21 PM
10:30 AM 3:50 PM 10:41 AM 3:41 PM
10:50 AM 4:10 PM 11:01AM 4:01 PM
11:10 AM 4:30 PM 11:21 AM 4:21 PM
t1:30 AM 4:50 PM 11:41 AM 4:41 PM
11:50AM 5:10 PM 12:01 PM 5:01 PM
12:10 PM 5:30 PM 12:21 PM 5:21 PM
12:30 PM
Route 4 - Bernard Street
Mon. -Fri.: Service Starts a t 7:30am - Service Ends at 5:30pm
Attachment D
~ W. Oak
INOI{TH IEXAS
Campus Park
Ramsgate
The Arbors
University Place
The Oaks
University Union
Eagle @ Bernard
Centre Place @ 1-3SE
7:30AM 11:00 AM 2:20 PM 7:43AU 11`03AM , 2:23 PM
7:40 AM 11:10 AM 2:30 PM 7:53 AM 11:13 AM 2;33 PM
7:50 AM 11:20 AM 2:40 PM 8:03 AM 11:23 AM 2:43 PM
8:00 AM t 1:30 AI~ :~:50 PM 8,:13 AM 11:33 AM 2:53 PM
8:t 0 AM 11:40 AM 3:0(] PM $:23 AM 11:43 AM 3:03 PM
8:20 AM 1'~:5~ AM 3:10 PM 8:33 AM 11:53AM 3:13 PM
8:30 AM 12:00 PM 3:20 PM 8;43 AM 12,03 PM. 3:23 PM
8;40 AM 12:10 PM 3:30 PM
8:53 AM 12:13 PM 3:33 PM
8:50 AM 12:20 PM 3;40 PM
9:03 AM 12:23 PM 3:43 PM
9:00 AM 12;30 PM 3;50 PM
9:13 AM 12:33 PM 3;53 PM
9:10 AM 12;40 PM 4:00 PM
9:23 AM 12:4,3 PM 4:03 PM
9:20 AM 12:50 PM 4:10 PM
g:33AM 12:53 PM 4:13 PM
9:30 AM 1:00 PM 4:20 PM
9:43 AM 1:03 PM 4:23 PM
9:40 AM 1:10 PM 4:30 PM
9:53 AM 1:13 PM 4:33 PM
9:50 AM 1:20 PM 4:40 PM
10:00 AM 1:30 PM 4:50 PM 10:03 AM 1'.2.3 PM 4:43 PM
10:'~0 AM 1:40 PM 5:00 PM 10:13 AM t:33 PM 4:53 PM
10:20 AM 'r :50 PM 5:10 PM t0:23 AM 1:43 PM 5:03 PM
10;30 AM 2:00 PM 5:20 PM 10:33 AM 1:53 PM 5:13 PM
I0:40 AM 2:10 PM 5:30 PM 10:43 AM Z:03 PM 5:23 PM
10:50 AM I 10;53AM 2:13PM 5:33PM
Route 6 - Campus Loop (Night)
Monday thru Friday,: Service begins at 5:30pm - Service ends at 2:30am
Attachment E
Prairie
Oak
Hickory
1~am°re
~ Chestnut
~ Prairie
le Drive
Maple
I ORTH IF. XAS
University Courtyard
Rec Center
Santa Fe Square
Fours Field (East)
Athletics
Mozart Square
Willis Library
University Union
Maple Street
EESAT
5:30 PM 10:15 PM 5:45 PM 10:15 PM
5:45 PM 10:30 PM 6:00 PM 10:30 PM
6:00 PM 10:45 PM 6:15 PM 10:45 PM
6:15 PM 1t:00 PM 6:30 PM 11:00 PM
6:30PM 11:15PM 6:45 PM 11:15 PM
6:45 PM 11:30 PM 7:00 PM 11:30 PM
7:00 PM 11:45 PM 7:15PM 11;45 PM
7:15 PM 12:00 AM 7:30 PM 12:00 AM
7:30 PM 12:15AM 7:45 PM 12:15AM
7:45 PM 12:30 AM 8:00 PM 12:30 AM
8:00 PM 12:45 AM 8:15 PM 12:45 AM
8:15 PM 1:00 AM 8:30 PM 1:00 AM
8:30 PM 1:t5 AM 8:45 PM 1:15 AM
8:45 PM 1:30 AM 9:00 PM 1:30 AM
9:00 PM 1:45 AM 9:15 PM 1:45 AM
9:15PM 2:00 AM 9:30 PM 2:00 AM
9:30 PM 2:15 AM 9:45 PM 2:15 AM
9:45 PM 2:30 AM 10:00PM 2:30 AM
10:00 PM
Route 6 - Central Loop (Summer)
M ~F: Service begins at 7:30am - Service ends at 5:30pm
Attachment F
l/
Pro|Ne
D
Highland
Oak
Hickory
~rlore
~ Cheslnut
~ Prairie
University Courtyard
Rec Center
Santa Fe Square
Fouts Field (East)
Athletics
Mozart Square
Willis Library
University Union
Maple Street
EESAT
7:30 AM 12:30 P M 7:45 AM 12:45 PM
7:45 AM 12:45 PM 8:00 AM 1:00 PM
8:00 AM 1:00 PM 8:15 AM 1:15 PM
8:15 AM 1:15 PM 8:30 AM 1:30 PM
8:30 AM 1:30 PM 8:45 AM 1:45 PM
8:45 AM 1:45 PM 9:00 AM 2:00 PM
9:00 AM 2:00 PM 9:15 AM 2:15 PM
9:15 AM 2:15 PM 9:30 AM 2:30 PM
9:30 AM 2:30 PM 9:45 AM 2:45 PM
9:45 AM 2:45 PM 10:00 AM 3:00 PM
10:00 AM 3:00 PM 10:15 AM 3:15 PM
10:15 AM 3:15 PM 10:30 AM 3:30 PM
10:30 AM 3:30 PM 10:45 AM 3:45 PM
10:45 AM 3:45 PM 11:00AM 4:00 PM
11:00AM 4:00 PM 11:15 AM 4:15 PM
11:15 AM 4:15 PM 11:30 AM 4:30 PM
11:30 AM 4:30 PM 11:45 AM 4:45 PM
11:45 AM 4:45 PM 12:00 PM 5:00 PM
12:00 PM 5:00 PM 12:15 PM 5:15 PM
12:15 PM 5:15 PM 12:30 PM 5:30 PM
Route 5- Colorado Express
Mon. -Fri.: Service Starts at 7:30am - Service Ends at 5:30pm
Attachment G
Eagfe Dr.
Shady Oaks
etrans
express
Interstate
Jefferson Commons
University Union
Colorado Court /
Golden Triangle Mall area
Pace's Crossing
7:30 AM 1 ~ :00 AM 2:20 PM 7:43 ~ 11:03 .a~ 2:23 PM
7:40 AM 'i1:10 AM 2:30 PM 7:~3 AM 11:13.NM 2:33 PM
7:50 AM 11:20 AM 2:40 PM 8:03 AM 11:23 AM 2:4,3 PM
8;00 AJ~ 11:30 AM 2:50 PM 8:13 AM 1 t :33 AM . 2:53 PM
8:10 AM 11:40 AM 3;00 PM 8:23 AM 11:43 AM 3;03 PM
8:20 AM ~' 1 ;50 AM 3:10 PM 8:33 AM 1 't;,53 AM 3:13 PM
8:30 AM 12:00 PM 3:20 PM
8:43 AM 12.'03 PM 3:23 PM
8:40 AM 12:1 (t PM 3:30 PM
$:53 AM ..2:13 PM 3:33 PM
8:50 AM 12:20 PM 3:40 PM
9:03 AM 12.'23 PM 3:43 PM
9:00 AM 12:30 PM 3:50 PM
9:'*3 AM 12:33 PM 3:53 PM
9:10 AM 12:40 PM 4;00 PM
9:23 AM 12:43 PM 4:03 PM
9:20 AM 12;50 PM 4:10 PM
g:33 AM 12:53 PM 4;13 PM
9;30 AM '1:00 PM 4:20 PM
9;43 AM ~:03 PM 4:23 PM
9;40 AM 1:10 PM 4:30 PM
~.:,53 AM 1:13 PM 4:33 PM
9:50 AM 1:20 PM 4:40 PM
10:00 AM 1:30 PM 4:,50 PM 10:03 AM 1:2,3 PM 4:43 PM
I rl:10 AM 1:40 PM 5:00 PM 10:13 AM 1:33 PM 4:53 PM
10:20 AM .*:50 PM 5:t0 PM 10:23 AM 1:43 PM 5:03 PM
10:30 AIO 2:00 PM 5:20 PM 10;33 AM. t:§3 PM 5:13 PM
10:40 AM 2:10 PM 5:30 PM 10:43 AM 2;0,3 PM 5:23 PM
.10:50 AM 10:53 AM 2:'~3 PM 5'.33 PM
Attachment H
University of North Texas Shuttle Fleet
Unit Vehicle ID Number Mileage License Year Make Model Length
530 4UZAACBV63CL88§~4 1184 8'~1371 2003 'Goshen MB 55'L~'~ ..... 32'
531 4UZAACBV53CL88899 1230 851370 2003 Goshen MB 55 27 32'
532 4UZAACBV~3CL88898 1283 851366 2003 Goshen MB 55 27 32'
533 4UZAACB153CL88897 1153 851367 2003 Goshen MB 55 27 32'
534 4UZAACBV83CL88895 1380 851368 2003 Goshen MB 55 27 32'
535 4UT__AACBV23CL88892 1293 851374 2003 Goshen MB 55 27 32'
536 ........ 4UZAACBV33CL77903 1200 851372 2003 Goshen MB 55 27 32'
537 z~0~.;~,CBV43CL88893i 1278' 8~"369 2003 Goshen MB 55 27 32'
538 4U7_AACB~/X3CL88896' 1236 851375 ';~003 Goshen MB 55 27 32'
539 4UZAACBV53C~.77904 1337 851373 2003 ''Goshen MB 55 27! 32'
.... 1987 Ftxibl~ ...... Metro 35'
1987 Ftxible Metro 35'
.... 1987 Flxible Metro 35'
1987 FIx[ble Metro 35'
1987 FIxible Metro 35'
1987 Flxible Metro 35'
Last Updated 6f5/2003
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
July 15, 2003
Airport and Transit Operations
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an ordinance authorizing the extension of an Interlocal Agreement
between the City of DeMon and the University of North Texas dated November 5, 2002
to provide for motor carrier passenger service for UNT studeMs, staff and faculty; and
providing for an effective date.
BACKGROUND
The City, UNT and McDonald are negotiating a new Interlocal Agreement to provide
UNT with a more comprehensive bus service. In May 2003, UNT severed the motor
carrier service coMract with their previous service provider. Prior to severing this
agreemeM, UNT Police, Parking and Transportation Officials inquired whether the City
would be willing, and capable, to expand the curreM IMerlocal AgreemeM to provide all
motor carrier transit service to UNT. The proposed expansion would include on campus
day service, a reduced on campus night service and routes to certain apartment complexes
near UNT that demonstrated a high level of student occupancy.
On your July 15 agenda is an ordinance to approve the new Interlocal Agreement.
However, our staff, UNT and McDonald have not worked oM all of the details as of the
writing of this report. The existing Interlocal Agreement permits staff to increase service
levels in amount not to exceed 20% of revenues. Pursuant to that authorization on May
8, 2003 the City, UNT and McDonald increased the level of service. As of July 15 the
20% level of increased service may be exceeded. Therefore, we have placed this
ordinance on your agenda to increase that authorization to amounts not to exceed 35% of
gross revenues in the event the new Interlocal Agreement is not finalized as of July 15. It
is important that this be done so that the City may continue to provide uninterrupted bus
service to UNT.
OPTIONS
III.
Approve the proposed ordinance.
Pull the proposed ordinance and approve the ordinance authorizing the new
Interlocal Agreement should it be completed as of July 15, 2003.
Provide staff direction with other alternatives.
RECOMMENDATION
Staff recommends the approval of the proposed ordinance only if the new Imerlocal
Agreemem is not finalized by July 15, 2003.
ESTIMATED SCHEDULE OF PROJECT
This authorization will only be in effect until the new Interlocal Agreement is approved.
PRIOR ACTION/REVIEW
The City Attorney's Office reviewed and prepared the proposed ordinance.
FISCAL INFORMATION
Under the increase in level of service authorized by Section 1.0 of the existing Imerlocal
Agreemem and the letter agreemem dated May 8, 2003, if this ordinance is approved,
LINK will cominue to provide summer bus service at a rate of $33.00 per revenue hour
based upon a 49-day semester with 20 revenue hours of service per day. This service will
be provided under the existing Interlocal Agreement until the new Intelocal Agreement is
approved. The City of DeNon will pay McDonald Transit a fee of $23.67 per revenue
hour to provide operational, dispatch and supervisory services for the UNT service. The
remaining $9.33 per revenue hour will be applied to supplies and services curremly
provided by the City for the LINK Service (fuel, maimenance, radios, miscellaneous
overhead).
EXHIBITS
Ordinance
Respectfully submitted:
Mark Nelson
Director of Airport and Transit Operations
ORDINANCE NO.
AN ORDINANCE AUTHORIZING TIlE EXTENSION OF AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS DATED
NOVEMBER 5, 2002 TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR
UNT STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the University of North Texas ("UNT") and the City of Denton have previously
entered into an Interlocal Agreement dated November 5, 2002 (the "Existing Agreement") to
provide motor carrier passenger service for UNT students, staff and faculty, and
WHEREAS, on April 16, 2002 the City and McDonald Transit Associates, Inc.
("McDonald") entered into that certain agreement to provide services for passenger motor carder
service which was amended on December 10, 2002 (the Transit Agreement") which transit
services are operated under the name of "LINK"; and
WHEREAS, LINK is currently providing UNT with such motor carrier passenger service
under the Existing Agreement; and
WHEREAS, on May 8, 2003 as authorized by Section 1.0 of the Existing Agreement,
the City, UNT and McDonald pursuant to a letter agreement increased the service in an amount
not to exceed 20%; and
WHEREAS, the City, McDonald and UNT are currently negotiating a new Interlocal
Agreement to continue to provide service and to expand service to UNT; and
WHEREAS, the City Council hereby finds that it is in the public interest to extend the
Existing Agreement until the new Interlocal Agreement is completed; NOW, THEREFOR;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Section 1.0 of the Existing Agreement is hereby amended to allow an
increase in gross revenues for new service in an amotmt not exceed 35% instead of 20%.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute all
documents on behalf of the City in order'to evidence the extension authorized by this ordinance and
to exercise the City's rights and duties under the Existing Agreement, as amended.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ., 2003.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO~. GAL FORM:
P~e2
AGENDA DATE:
DEPARTMENT:
CITY ATTORNEY:
AGENDA INFORMATION SHEET
July 15, 2003
Legal Department
Herbert L. Prouty, City Attomey
SUBJECT. - A Resolution of the City of Denton, Texas adopting the City of Denton's 2003
State Legislative Program for the 78th First Called Legislative Session; providing a repealer; and
providing an effective date.
BACKGROUND. - The City Council has met in workshops, participated in legislative seminars
and have had input from the city staff and various groups to develop the City of Denton's 2003
State Legislative Program and desires to adopt its legislation program for the 78Ia First Called
Legislative Session. Governor Perry added 28 issues to the Special Called Session for
redistricting. This resolution addresses the issues that pertain to the City of Denton. More
information will be given to you in this weeks status report.
OPTIONS. - The City Council may adopt the resolution and the City of Denton's 2003 State
Legislative Program or direct staff to make changes and then adopt the legislative program as
amended.
Respectfully submitted,
Herbert L. Prouty
City Attorney
S:\Our Documents\Legislation\03 State,agenda information- legis program, doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE
CITY OF DENTON'S 2003 STATE LEGISLATIVE PROGRAM FOR THE
78TM FIRST CALLED LEGISLATIVE SESSION; PROVIDING A
REPEALER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Seventh-eighth Texas Legislature adjourned on June 2, 2003; and
WHEREAS, Governor Rick Perry called a special session commencing on June 30,
2003;and
WHEREAS, redistricting and general government issues and many legislative issues
affecting local government will be considered; and
WHEREAS, the City of Denton desires to adopt its legislation program for the 78~
First Called Legislative Session, attached as Exhibit "A", NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1: That the City of Denton's Legislative Program 78th First Called
Legislative Session for the City of Denton is adopted as set forth in Attachment "A",
incorporated herein and made a part of this resolution for all purposes.
SECTION2: That the Mayor and City Council, City Manager and the City
Attorney, or their designees shall communicate the items included in the state legislative
program to members of the Texas Legislature.
SECTION 3: The City Attorney is directed to draft appropriate legislation, seek a
sponsor, and actively pursue passage of such legislation by providing testimony from the
Mayor and City CounciI and City staff and through other appropriate means.
SECTION 4: That the' Mayor, City Manager and the City Attorney, or their
designees are directed to communicate to the members of the Texas Legislature and actively
oppose any legislation which diminishes the City of Denton's home-rule authority or has a
negative impact on the City of Denton's governmental authority.
SECTION 7. That all previous resolutions and orders or parts of resolutions or
orders in force when the provisions of this Resolution become effective which are
inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby
repealed to the extent of any such conflict.
SECTION 8: This resolution shall take effect immediately from and after its
passage in accordance with the provisions of the Charter of the City of Denton and it is
accordingly so resolved.
PASSED AND APPROVED this the
day of
,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Exhibit A
City of Denton Legislative Program for the 78th First Called
Legislative Session
The City of Denton supports the following Legislative issues:
Legislation adopting a Congressional Redistricting Map that maintains the City of
Denton and Denton County in Congressional District 26, respecting communities of
interest as required by the Federal Voting Rights Act.
Legislation to re-establish the first Saturday in May as the May uniform election date.
Legislation relating to corrections to lib 3588 from the just completed regular session
that maintains local authority over regional transportation issues.
Legislation that assists State Universities to contribute to the economic development of
the university's surrounding region.
Legislation that restores Telecommumcations Infrastructure Fund (TIF) funding to local
governmental libraries.
The City of Denton will actively oppose any legislation that diminishes the City of
Denton's home-rule authority or has a negative impact on the City of Denton's
governmental authority.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
July 15, 2003
General Government
Betty Williams, Director of Management & Public Information
Michael A. Conduff, City Manager
SUBJECT:
Consider approval of an ordinance establishing the extension of the cable television franchise
between the City of Denton and Charter Communications; providing a severability clause; and
providing an effective date.
BACKGROUND:
Our current cable television franchise agreement with Charter Communications (Charter) expires
on December 15, 2003. The current 15-year franchise was initially granted to Sammons
Communications on November 15, 1988, with the passage of ordinance #88-189. The franchise
was transferred to Marcus Cable Associates in November 1995 (ordinance #95-191), and
transferred again to Charter Communications in March 1999 (ordinance #99-094). The cable
television franchise is regulated by the Denton Cable Television Ordinance 88-182 (Chapter 8 of
the Code of Ordinances), the agreements signed by all three cable operators over the years, and
by the Federal Cable Act. Currently, Charter pays the City a quarterly 5% franchise fee on all
cable television service gross revenues.
On December 21, 2000, Charter submitted to the City the required written notice requesting the
commencement of the renewal process. The City began the renewal process by holding two
public hearings to gain citizen input on determining the community's future cable-related needs,
and review Charter's past performance. The City also formed a Cable Task Force, with
representatives from various community stakeholders, to assist in identifying needs and assessing
Charter's performance. The City hired C2 Consulting to assist in making a determination of
Charter's financial, legal and technical capabilities to meet our future needs. Upon completion,
the results of these activities will be reported to council.
During the renewal process an audit was conducted for the period January 1997 through June
2002 to determine if all franchise fees had been paid to the City as required. The audit revealed
that Charter in fact owed franchise fees and the City sent a Notice of Violation letter demanding
payment of approximately $62,628. Charter responded that they agree that some franchise fees
are due, but disagree on the amount. The City continues to work with Charter on resolution of
this issue.
ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989)
7/3/03 Cable Franchise Extension Page 2 of 3
The performance review process also revealed that some customer service issues existed. In July
2002, Denton joined several other cable consortium cities in contracting C2 Consulting to
conduct an audit of Charter's three call centers fi.om January 2001 to June 2002. The audit
revealed that Charter was not in compliance with the telephone customer service standard for the
audited period. The audit also revealed that Charter had destroyed all telephone call data prior to
January 2002 for the Denton Call Center. The unavailability of this data is extremely significant
in that the City could not verify any of the statistics reported prior to January 2002, and the
statistics that were reported to the City during the period available showed gross inaccuracies.
The gross inaccuracies included Charter's inability to tie the raw data on the number of calls
answered within 30 seconds, and adjusted for abnormal operating conditions, to the final figures
reported to the City. In April 2003, Denton joined several other cable consortium cities in
submitting Notice of Violation letters to Charter and assessing liquidated damages as allowed by
the franchise agreement. Denton assessed $828,790 in damages. Charter has had several
informal meetings with Denton on this issue with no resolution. This item is planned to come
before council on August 19, 2003 with a recommendation for an administrative heating as
allowed by the franchise agreement.
On March 14, 2002, the Federal Communications Commission (FCC) settled the debate over the
regulatory classification of cable modem service and launched proceedings to examine the
proper regulatory treatment of this service. In a Declaratory Ruling, the FCC concluded that
cable modem service is an information service and therefore not subject to FCC jurisdiction.
The FCC further determined that cable modem service is not a "cable service" as defined by the
Communications Act and is thus not subject to local franchising authority regulation. As a result
of this, on March 29, 2002, Charter submitted a letter to the City stating that they will no longer
collect franchise fees on cable modem service, thus these revenues will not be included in the
gross revenues fi.om which franchise fees are calculated. This has had a significant negative
impact on the franchise revenues that the City collects fi.om Charter. The City sent a demand
letter in April 2002, but to date Charter has not paid franchise fees on the cable modem service.
The Alliance of Local Organizations Against Preemption has brought this issue before the Ninth
Circuit Court of Appeals, and we anticipate a ruling by the end of the year.
On June 2002, Charter filed a petition for special relief with the FCC requesting that they find
that effective competition exists in the City of Denton. This would take away the rate regulation
authority that the City currently has over some of Charter's rates, and it would allow Charter to
charge different prices in different parts of the city. In September 2002, the FCC granted
Charter's petition, and the City filed an appeal. In May 2003, the FCC denied the City's appeal,
so the City filed an application for review directly with the FCC Commissioners. This matter
may take a year or more before it is resolved.
Due to these and other outstanding issues with Charter, staff feels that extension of the current
cable television franchise should be pursued while the notice of violations against Charter are
resolved. Charter has agreed to a one and one-half(1 ½) year extension of the current franchise
as long as the City continues to engage in renewal discussions.
ADA/EOE/ADEA www.ci _tyofdenton.com (TDD 800-735-2989)
7/3/03 Cable Franchise Extension Page 3 of 3
OPTIONS:
1) Approve the ordinance extending the terms of the current cable television franchise
agreement between the City and Charter to June 15, 2005, or the date upon which the City
grants or denies a franchise renewal to Charter, whichever occurs first.
2) Deny the ordinance and direct staff to continue working on renewal negotiations with
Charter.
RECOMMENDATION
Staff recommends option #1
PRIOR ACTION/REVIEW (Council~ Boards~ Commission):
1) Council Work Session, December 1, 2001
2) Charter Franchise Renewal Public Hearing on January 17, 2002
3) Charter Franchise Renewal Public Hearing at Council Regular Meeting on February 5,
2002
FISCAL INFORMATION:
City will continue to receive 5% of Charter Communications gross revenues as franchise fees.
Respectfully submitted:
Betty Williams
Director of Management and Public Information
Prepared by:
J~(h~ Cabrales Jr. ~
Pt~161ic Information Officer
Attachments
1. Ordinance
ADA/EOE/ADEA www.cityofdenton, com (TDD 800-735-2989)
SSOur Documeuts\Ordinances\03~Franchise Extension,DOC
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO;
99-094, ADOPTING ADDITIONAL PROVISIONS RELATED TO THE CABLE FRANCHISE
AUTHORIZED BY ORDINANCE 99-094, WHICH GRANTED A CABLE TELEVISION
FRANCHISE WITHIN THE CITY; PROVIDING FOR AN EXTENSION TO THE TERM OF
THE FRANCHISE AGREEMENT BETWEEN MARCUS CABLE ASSOCIATES, L.L.C.
ANrD THE CITY, PROVIDING FOR ACCEPTANCE OF THE EXTENSION BY MARCUS
CABLE ASSOCIATES, L.L.C., PROVDING A CUMULATIVE CLAUSE; PROVIDING FOR
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, (the "City") is emPowered under {}51.001 of the
Texas Local Government Code to adopt an ordinance or role that is for the good government of
the City; and
WHEREAS, the City of Denton granted a cable television franchise to Sammons
Communications, Inc. ("Sammons") pursuant to Ordinance No. 88-189 passed by City Council
on November 15, 1988 and duly accepted by Sammons which incorporates the provisions of
Chapter 8 "Cable Television" of the Code of Ordinances of the City of Denton; and
WHEREAS, the City's Ordinance No. 95-191 consented to the transfer and assi~ment
of the Franchise and the cable television system in the City from Sammons to Marcus Cable
Associates, L.P. subject to the terms and conditions set forth in the Ordinance and in an
Acceptance Agreement dated September 12, 1995. (Ordinance Nos. 88-189 and 95-191 and the
Acceptance Agreement of September 12, 1995 are hereinafter referred to collectively as the
"Franchise"); and
WHEREAS, the City's Ordinance No. 99-094 consented to the transfer and assignment
of the Franchise and the cable television system in the City from Marcus Cable Associates, L.P.
to Charter Communications subject to the terms and conditions set forth in the Ordinance and in
an Acceptance Agreement dated March 23, i999; and
WHEREAS, on March 23, 1999, the City adopted Ordinance No. 99-094 granting a cable
television franchise within the City with an expiration date of December 15, 2003.
WHEREAS, it is the desire of the City of Denton and is mutually agreeable to Marcus
Cable Associates, L.L.C., dgo/a Charter Commumcations, to extend the terms of the current
franchise agreement, as provided for and in accordance with all applicable law, until the earlier
of either June 15, 2005, or the date upon which the City grants or denies franchise renewal,
consistent with the provisions of Section 626 of the Cable Communications Policy Act of 1984,
as amended [47 U.S.C. § 546], whichever occurs first. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Incorporation of Preamble. The above and foregoing preamble is
incorporated into the body of this Ordinance as if copied herein in its entirety.
SECTION 2. Amendment Extending Agreement Term.
Marcus Cable Associates, L.L.C. d/b/a Charter Communications ("Charter")
currently has an existing cable franchise ("Franchise") with the City of Denton,
Texas, under Ordinance No. 99-094, which was passed and approved by the City
Council on March 23, 1999. Pursuant to such Ordinances, this Franchise is due to
expire on December 15, 2003; however, the City and Charter hereby mutually
agree to be bound by the terms of this franchise either until June 15, 2005, or until
such time as the City shall formally grant or deny franchise renewal, consistent
with the provisions of Section 626 of the Cable Communications Policy Act of
1984, as amended [47 U.S.C. § 546], whichever occurs first. The extension of
time, as agreed to by both parties, shall not operate to materially modify, revoke
or terminate any fights previously granted in the original franchise contract.
AccordinglY the City and Charter agree to extend the terms of the Franchise until
the earlier of either June 15, 2005, or the date upon which the city grants or denies
franchise renewal, consistent with the provisions of Section 626 of the Cable
Communications Policy Act of 1984, as amended [47 U.S.C. § 546], whichever
occurs first.
This ordinance hereby amends Ordinance No. 99-094, an amendment to
Ordinance No. 95-191 and all other amending ordinances thereto; in the
particulars stated in Section hereof, and all other sections, subsections,
paragraphs, sentences, phrases and words of such Ordinances are not amended by
are hereby ratified and affirmed.
SECTION3. By its signature below, Charter, the Grantee, hereby agrees that
consideration, the receipt and sufficiency of which is hereby acknowledged, has been provided
for by the changes made herein, and agrees to be bound by and comply with such changes.
Charter further represents and agrees that the person signing below on behalf of Charter is the
properly authorized official of that corporation and has the necessary authority to execute this
document and further certifies to the City that any necessary resolution or other act extending
such authority has been duly passed and is now in full force and effect.
SECTION 4. This Ordinance shall be cumulative of ali other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time
this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed
to the extent that they are inconsistent with this Ordinance.
SECTION 5. All rights and remedies of the City of Denton, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting cable fi:anchises
which have secured at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such Ordinances same shall not be affected by this Ordinance but may be pros~uted until
final disposition by the courts.
SECTION 6. If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance, and the Town Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 7. The City Secretary of the City of Denton is hereby directed to engross and
enroll this Ordinance by copying the exact caption and effective date in the minutes of the City
Council and by filing this Ordinance in the ordinance records of the City.
SECTION 8. In accordance with Section i3.02 of the City Charter, this ordinance shall
become effective twenty-one days after final approval. The full text of this ordinance shall be
published once each week for two consecutive weeks in the official newspaper of the City, the
entire expense of which shall be borne by Charter. The City Secretary is hereby directed to
publish the fhll text of this ordinance i:n such official newspaper of the City once each week for
two consecutive weeks inunediately following the passage of this ordinance on second reading.
PASSED AND APPROVED this the
day of .,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EUL]NE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
The City of Denton, Texas, acting herein by its duly constituted authorities, hereby
declares the foregoing Ordinance passed on first reading on the day of _,
2003; and passed on second reading on the ~ day of ,2003; and passed on
third reading on the ~ day of ,2003; and being finally effective as of the
. day of ,2003.
/s/
Euline Brock, Mayor
/s/
Pete Kamp, Council Member
/s/
Bob Montgomery, Council Member
/s/
Jack Thomson, Council Member
/si
Mark Burroughs, Council Member
/s/
Perry McNeilI, Council Member
/s/
Raymond Redmon, Council Member
The above and foregoing ordinance read, adopted on first reading and passed to second reading
by the following votes, this the __ day of ,2003, at a regular session of
the City Council.
Euline Brock, Mayor, voting
Mark Bourroughs, Council Member, voting
Pete Kamp, Council Member, voting
Perry McNeill, Council Member, voting
Bob Montgomery, Council Member voting
Raymond Redmon, Council Member, voting
Jack Thomson, Council Member, voting
The above and foregoing ordinance read, adopted on second reading and passed to third reading
by the following votes, this the ~ day of ~ 2003, at a regular session of
the City Council.
Euline Brock, Mayor, voting
Mark Bourroughs, Council Member, voting
Pete Kamp, Council Member, voting
Perry McNeill, Council Member, voting
Bob Montgomery, Council Member voting ~
Raymond Redmon, Council Member, voting __
Jack Thomson, Council Member, voting ~
The above and foregoing ordinance read, adopted on third reading and passed by the following
votes, this the ~ day of ,2003, at a regular session of the City Council.
ACCEPTANCE
WHEREAS, the City Council of the City of Denton, Texas, did on the
,2003, enact an Ordinance entitled:
day of
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
99-094, ADOPTING ADDITIONAL PROVISIONS RELATED TO THE CABLE FRANCHISE
AUTHORIZED BY ORDINANCE 99-094, WHICH GRANTED A CABLE TELEVISION
FRANCHISE WITHIN THE CITY; PROVIDING FOR AN EXTENSION TO THE TERM OF
THE FRANCHISE AGREEMENT BETWEEN MARCUS CABLE ASSOCIATES, L.L.C.
AND THE CITY, PROVIDING FOR ACCEPTANCE OF THE EXTENSION BY MARCUS
CABLE ASSOCIATES, L.L.C., PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, said Ordinance was on the ~ day of ., 2003, duly
approved and subscribed by the Mayor of said City, and the seal of said City was thereto affixed
and attested to by the City Secretary;
NOW, THEREFORE, Charter, hereby in all respects ACCEPTS, APPROVES AND
AGREES TO said Ordinance, and the same shall constitute and be a binding contractual
obligation of Charter, and of the City, without waiver of any other remedy by Charter, does
hereby file this, its written acceptance, with the City Secretary of the City of Denton, Texas, in
her office.
DATED this the __ day of ,2003.
Charter Communications
ATTEST:
By: