HomeMy WebLinkAboutFebruary 1, 2005 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
February 1, 2005
After determining that a quorum is presem, the City Council of the City of DeNon, Texas will
convene in a Work Session on Tuesday, February 1, 2005 at 4:00 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:
Receive a report, hold a discussion, and give staff direction regarding Small Cities
Emergency Medical Services (EMS) imerlocal agreemems and Fire and EMS agreemems
with Denton County.
Receive a report, hold a discussion, and give staff direction regarding the location, design
and construction of Fire Station #7.
o
Hold a discussion and give staff direction regarding Council mobile communication
usage and procedure.
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of February 1, 2005.
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 GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attorney -- Under TEXAS GOVERNMENT CODE §551.071.
Consider and discuss status of litigation styled Robinson v. City of
DeNon, Cause No. 2003-60130-393, curremly pending in the 211th
District Court of Denton County, Texas.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL 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.
City of DeNon City Council Agenda
February 1, 2005
Page 2
Regular Meeting of the City of Demon City Council on Tuesday, February 1, 2005 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
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Proclamations/Awards
Recognition of staff accomplishments
3. 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 - H). This listing is provided on the Consem Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda.
if no items are pulled, Consem Agenda items A - H 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 the minutes off
December 6, 2004
December 7, 2004
January 4, 2005
January 5, 2005
Bo
Consider adoption of an ordinance of the City Council of the City of DeNon,
Texas approving the terms and conditions of an interlocal Agreement between the
Region IV Education Service Center, which sponsors the Texas Cooperative
Purchasing Network (TCPN); providing for a cooperative purchasing program for
goods and services; designating Tom D. Shaw, C.P.M., Purchasing Agent, as
official representative of the City of Denton relating to the program; and
providing an effective date.
Co
Consider adoption of an ordinance of the City Council of the City of DeNon,
Texas approving the terms and conditions of an interlocal Agreement between the
Texas Local Government Purchasing Cooperative, which sponsors the Buy Board
Cooperative Purchasing Network; providing for a cooperative purchasing
program for goods and services; designating Tom D. Shaw, C.P.M., Purchasing
Agent, as official representative of the City of Denton relating to the program; and
providing an effective date.
City of DeNon City Council Agenda
February 1, 2005
Page 3
Do
Consider adoption of an ordinance accepting competitive bids and awarding a
comract for purchase of Ready Mix Concrete and Portland Cemem for various
City departmems; providing for the expenditure of funds therefor; and providing
for an effective date (Bid 3260 - Ready Mix Concrete and Portland Cemem
awarded to lowest responsible bidder for each section in the estimated amount of
$1,000,000).
mo
Consider adoption of an ordinance accepting competitive bids and awarding a
contract for purchase of Distribution Transformer Repair services for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
for an effective date (Bid 3262 - Annual Comract for Distribution Transformer
Repair awarded to Greenville Transformer Company, Inc. in the estimated
amoum of $140,588). The Public Utilities Board recommends approval (4-0).
Fo
Consider adoption of an ordinance accepting competitive bids and awarding a
contract for purchase of Medium Voltage Switchgear Buildings for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
for an effective date (Bid 3282 - Three Year Agreemem for Purchase of Medium
Voltage Switchgear Buildings awarded to ABB, Inc. in the estimated amount of
$1,482,021). The Public Utilities Board recommends approval (4-0).
Go
Consider adoption of an ordinance providing for the expenditure of funds for the
purchase of a used back-up diesel powered portable generator to be utilized by the
Wastewater Department in the event of a loss of electric power in accordance
with provisions of state law exempting such purchase from the requirements of
competitive bidding; and providing for an effective date (File 3294 - Purchase of
Emergency Generator for Wastewater Facilities awarded to American Generators
in the amoum of $47,500). The Public Utilities Board recommends approval
(7-0).
Ho
Consider adoption of an ordinance of the City of DeNon abandoning and vacating
an approximate 0.992 acre portion of that certain public utility easement dated
August 13, 1991 recorded in Volume 3047, Page 778 of the Real Property
Records of DeNon County, Texas and providing for an effective date. (Mayhill -
North Texas Surgical)
4. PUBLIC HEARINGS
mo
Hold a public hearing and consider adoption of an ordinance regarding the
Alternative Development Plan for an approximately 0.833-acre site located in the
Regional Cemer Commercial Neighborhood (RCC-N) zoning district. The
proposed site is located west of State School Road and north of Brighton Drive.
A restauram is proposed. The Planning and Zoning Commission recommends
approval (6-0) with conditions. (ADP04-O004, Sonic)
City of DeNon City Council Agenda
February 1, 2005
Page 4
5. ITEMS FOR INDIVIDUAL CONSIDERATION
mo
Consider adoption of an ordinance approving an amendmem to an imerlocal
agreemem for use of Denia Park by the University of North Texas; authorizing
the City Manager, or his designee, to execute the amendmem; and providing an
effective date. The Parks and Recreation Board recommends approval (6-0).
Bo
Consider adoption of an ordinance accepting competitive sealed best value bids
and awarding a contract for purchase of Underground Electric Service Installation
for DeNon Municipal Electric; providing for the expenditure of funds therefor;
and providing for an effective date (Bid 3240 - Three Year Contract for
Underground Service Installation awarded to Barco Construction, Inc. in the
estimated amoum of $1,000,000). The Public Utilities Board recommends
approval (4-0).
Co
Consider adoption of an ordinance of the City Council of the City of DeNon,
Texas, approving an agreement between the City of Denton and the Denton
Affordable Housing Corporation; providing for the terms of said contract;
authorizing the City Manager to execute the agreemem and to expend funds with
respect to the agreement; and providing for an effective date.
Do
Consider approval of a resolution of the City of DeNon, Texas authorizing the
suspension of the effective date until May 15, 2005 for the Gas Reliability
Infrastructure Program adjustments proposed by Atmos Energy Corporation's
Mid-Tex Division; authorizing participation in a coalition of cities known as
Atmos Texas Municipalities ("ATM"); authorizing the hiring of lawyers and rate
experts; authorizing the City's participation to the full extent permitted by law at
the Railroad Commission of Texas with regard to the Gas Reliability
Infrastructure Program adjustments proposed by Atmos Pipeline; requiring 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.
mo
Consider approval of a resolution of the City of DeNon, Texas authorizing a
review of the reasonableness and prudence of gas purchases and expenditures of
TXU Gas Company, now known as Atmos Energy Corporation, between
November 1, 2000 and October 31, 2003; authorizing the City joining with other
similarly situated cities in a coalition known as the Atmos Texas Cities ("ATM");
authorizing the hiring of special counsel and experts in the purchase or sale of
gas; authorizing the intervention in GUD Docket No. 9530 at the Railroad
Commission and related proceedings; requiring the reimbursemem of reasonable
legal and consultant expenses; finding that the meeting complied with the Open
Meetings Act; and declaring an effective date.
Fo
Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Shawn Griffin regarding new permitting requiremem per city
statute for waste haulers.
B. Willie Hudspeth regarding concerns of Southeast Denton.
City of Demon City Council Agenda
February 1, 2005
Page 5
Go
New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
Ho
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Jo
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 ,2005 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:
CM/DCM/ACM:
February 1, 2005
Fire Department
Jon Fortune, Assistant City Manager
SUBJECT:
Receive a report, hold a discussion, and give staff direction regarding Small Cities
Emergency Medical Services (EMS) imerlocal agreemems and Fire and EMS agreemems
with Denton County.
BACKGROUND:
The City of DeNon provides emergency services to certain areas outside its City limits. The
Fire Department provides emergency ambulance services to some small cities within the
County and also provides EMS and fire services to other unincorporated areas of the County.
Staff would like direction from the City Council regarding the amoum it charges the Small
Cities (Ponder and Sanger) for advanced life support (ALS) emergency ambulance services
and Denton County for EMS and fire services to contracted unincorporated areas of the
County.
Even though our agreements using the rates established by the budget process for FY
2004/2005 with these cities and the County will not expire umil September 2005, Staff would
like to give these cities and the County ample notice of the City Council's policy starting
October 1, 2005. In addition, City Staff is working on a five-year financial forecast and
Council's direction on these issues will have a direct impact on that planning.
SMALL CITIES EMERGENCY AMBULANCE INTERLOCAL AGREEMENTS:
Imerlocal Agreemems for ALS emergency ambulance services originally began in 1980
between the City of DeNon and the Cities of Argyle, Corimh, Hickory Creek, Lake Dallas,
Ponder, Sanger and Shady Shores.
The cities of Corimh, Hickory Creek, Lake Dallas and Shady Shores all dropped out of
the Small Cities Emergency Ambulance program in April of 2000 and now receive this
service from the Lake Cities Fire Department who also provides them fire protection.
In October of 2002, Argyle implemented its own EMS transport ambulance service and
did not renew its agreemem with the City.
Krum initiated its own EMS transport service and opted out of its contract with the City
of DeNon in April 2004.
The City presemly provides ALS emergency ambulance services to two small cities in
DeNon County. These cities are Ponder and Sanger. These agreemems provide City of
DeNon emergency ambulances staffed by City paramedics to specified service areas and are
determined using a per capita fee. In addition, the City bills for all services rendered to the
patients who are transported. The first response is by the local fire department, normally
staffed with volunteers.
Both cities have indicated that they will actively pursue their own EMS ambulance programs
due to the City of Denton's ongoing annual increases of the rates for these agreements. The
City of Sanger plans on implememing an EMS ambulance business in the next fiscal year if
financially feasible.
Recent City Council Actions:
Each year new agreemems and ordinances must be approved by the DeNon City Council for
the next fiscal year setting the fee the City will charge per capita. Over the past several years
per capita rates have been increased each year at Council's direction.
In July 1998, the City Council approved a three-year phased in increase to the per capita
rates charged to the Small Cities for emergency ambulance services. The first year
(FY1998/1999) increased from $5.75 to $6.50; the second year (FY1999/2000) increased
to $ 8.00 and the third year (FY2000/2001) increased to $10.00.
In June 2000, the City Council approved the philosophy of cominued increases for the
per capita rates charged to the Small Cities for emergency ambulance services determined
through the budget process. The first year (FY2001/2002) increased from $10.00 to
$12.00; the second year (FY2002/2003) increased to $16.00 and the third year
(FY2003/2004) increased to $17.00.
Curremly (FY2004/2005), the City is charging $18.00 per capita for the small cities. The
following table shows the per capita rates for Small Cities emergency ambulance imerlocal
agreements since 1992.
1992-1993 $2.75 $48,665
1993-1994 $3.50 $61,974
1994-1995 $4.50 $79,681
1995-1996 $5.75 $101,815
1996-1997 $5.75 $109,824
1997-1998 $5.75 $124,600
1998-1999 $6.50 $162,578
1999-2000 $8.00 $127,936
2000-2001 $10.00 $100,720
2001-2002 $12.00 $102,025
2002-2003 $16.00 $116,352
2003-2004 $17.00 $103,303
2004-2005 $18.00 $104,796
2
Cost Recovery:
Historically, the cost to the City of Denton to provide emergency ambulance services to the
small cities has been more than the cost recovered by the per capita rate charged and
transport revenues collected. Previous City Councils adopted this policy based on the
following determinations:
The Small Cities Emergency Ambulance Program offset some of the City's increasing
costs to provide EMS.
The Small Cities Emergency Ambulance Program provided partial funding of an
additional ambulance that was available to City residents.
City Councils wanted to maintain a good neighbor policy and provide services to
communities without the resources necessary to provide ambulances.
What is the Estimated Cost of An Ambulance Company?
There are several methods available to determine the costs of providing certain Fire
Department services. Historically, the Fire Department has used the methodology that the
Small Cities Emergency Ambulance Services Program costs should be based on the
proportionate use of one ambulance, since no other City of Denton Fire Department
apparatus normally responds on out-of-City medical calls.
Step 1: Determine the proportionate share of one ambulance:
The updated 2004/2005 Fire Department Strategic Plan (see attached Exhibit 1) estimates the
cost of one ambulance to be $794,471. Deducting the Fire Department's revenues before
establishing the operating costs of services means that the expected revenues generated by
ambulances transporting patients from the small cities have already been accounted for and
have no bearing at this point in the determination of the full cost recovery.
In 2004, the City responded to 6,054 emergency medical calls for service. The four front line
ambulances thus responded to an average of 1,514 emergency medical calls per unit. The
Small Cities' share of these calls for service equaled 721 responses. The proportionate use of
the ambulance can be determined by dividing the 1,514 calls per ambulance by the 721 Small
Cities' calls for service.
Step 2: Determine the Small Cities' annual share of the EMS ambulance cost:
This can be determined by multiplying the EMS cost ($794,471) times the percentage of
proportionate use by the Small Cities (47.6%).
Step 3: Determine the per capita full recovery cost to the Small Cities
The per capita full recovery cost to the Small Cities can now be determined by dividing the
total full recovery cost ($378,168) by the total Small Cities population (5,822):
The following exhibit illustrates some of the relationships of the Small Cities and the cost of
providing emergency medical services in their jurisdictions:
Ponder 116 522 16.1% $60,885
Sanger 605 5,300 83.9% $317,283
TOTALS 721 5,822 100.0% $378,168
$33,909
$9,396
$344,288 $95,400
$378,168 $104,796
Future Small Cities Emergency Ambulance Pro~ram Rates:
The City Council once again is asked to determine the policy of the amount to charge the
Small Cities for EMS responses. The options are as follows:
1. Charge a per capita rate to achieve full cost recovery (currently $64.96).
Charge a rate between the current rate ($18.00) and full recovery rate (currently
$64.96).
Get out of the contract emergency ambulance transport business to other cities. This
would result in a net loss of revenues to the City.
DENTON COUNTY "EMS" INTERLOCAL AGREEMENT:
The imerlocal agreemem for ambulance services between the City of Denton and Denton
County began in 1980 and provides for emergency ambulance services to unincorporated
areas of Denton County within the designated area. Each year a new agreement and
ordinance are presemed to the DeNon City Council for the fiscal year approving the fee the
County will pay to the City of DeNon for service using a County-wide funding formula
based on: (1) population served on January 1 of the previous year; (2) number of ambulance
calls in the unincorporated County area: and, (3) the unincorporated rural square miles in the
County. The population and square mileage figures used are based on numbers obtained
from the North Central Texas Council of Governments and the runs are from the previous
year. This funding formula has not changed over the past several years.
Unfortunately, in spite of its rapid growth, the County has not increased the total annual
amount it budgets to fund ambulance services in the County unincorporated areas for several
years. They have only juggled the total base in its funding formula. They have cominued to
use $750,000 as the total allocation for County Ambulance Funding. As a matter of fact, the
$750,000 was actually reduced to $730,000 for the FY2004/2005. Therefore, the $730,000 is
divided imo thirds, which equals $243,333 for each category. Each category's funding ratio
4
is determined by dividing $243,333 by the total population covered; $243,333 by the number
of calls in the County area; and, $243,333 by total rural square miles served in the County
area.
The total estimated revenue to the City of Denton of $188,055.00 for providing emergency
ambulance services in the County for FY2004/2005 is based on the funding formula ratios as
follows:
A fixed readiness sum for population based on .484751233 per capita for an estimated
maximum amount of $52,778.79.
A sum of $399.5615764 per ambulance run for an estimated maximum amount of
$41,554.40. This sum is based upon the number of runs made in the County areas for
fiscal year 2004.
A fixed sum based on 211.83 rural miles in the agreed operating territory for an
estimated maximum amount of $93,584.18.
Following is the four (4) year history of the ambulance-funding ratio in the County and the
resulting amounts allocated to the City of Denton:
FY2001/2002 FY2002/2003 FY2003/2004 FY2004/2005
County Population 434,396 463,866 489,263 501,975
Denton Population 111,200 107,038 109,162 109,162
Denton's % of Total 25.6% 23.1% 22.3% 21.7%
County Funding Formula Rate 0.5561 0.5389 0.5110 0.4848
County Readiness Funding Total $250,000 $250,000 $250,000 $243,333
Readiness Funding to Denton $63,427 $57,688 $55,778 $52,916
Total County Ambulance Runs 648 712 712 609
Denton Runs to County 316 323 275 104
Denton's % of Total 48.8% 45.5% 38.6% 17.1%
County Funding Formula Rate $385.80 $351.12 $351.12 $399.56
County Runs Funding Total $250,000 $250,000 $250,000 $243,333
Runs Funding to Denton $121,913.58 $113,412.92 $96,558.99 $41,554.40
Unincorporated Square Miles 612.19 574.22 551.79 550.79
Denton's Covered Square Miles 285.38 280.25 214.83 211.83
Denton's % of Total 46.6% 48.8% 38.9% 38.5%
County Funding Formula Rate $408.37 $435.37 $453.07 $441.79
Runs Funding Total $250,000 $250,000 $250,000 $243,333
Rural Square Miles Funding Total $116,540.62 $122,012.49 $97,335.22 $93,584.18
TOTAL COUNTY EMS FUNDING $750,000 $750,000 $750,000 $730,000
Current Concerns of County Funding of Emergency Ambulance Services:
1. The City receives no "first responder" fees if the incidem is a medical call in the
Mayhill-Cooper Creek because it has the ambulance agreemem. The County has saved
funds by this loophole in the contracts because they paid the Mayhill-Cooper Creek a
first responder fee when the City's ambulance responded. This first responder fee
should be paid to the City for a fire engine response as the first responder just as it was
to Mayhill-Cooper Creek. The purpose of the contract is to provide services not to save
the County expenditures.
The costs to provide these services continue to increase with no increase in funding.
The County Fire Chiefs Association has long complained of the inadequate funding and
asked for increases to the $750,000. It has also argued for an updated funding formula.
For example, using the funding formula, some cities actually receive funding because
of population or square miles but actually provide no services.
City of DeNon residems unfairly subsidize County funding of emergency ambulance
services. City residents pay the same County taxes that unincorporated residents do
who receive the services. City residems also subsidize the costs by paying City taxes to
provide County services at less than full cost recovery.
This ongoing imerlocal agreemem is often delayed in the County's legal approval
process, which also includes review by the DeNon County Fire Chiefs Association as
well as approval by the Commissioners Court as part of their budget process. Even
though the contract is usually approved after its starting date, the agreement still
remains effective from October 1, 2004 with no reductions in revenues.
5. County funding is always a year behind in its determination of fees.
DENTON COUNTY "FIRE" INTERL OCAL AGREEMENT:
The interlocal agreement for fire service between the City of Denton and Denton County
provides fire protection services by the Denton Fire Department to the County areas
previously served by the Mayhill-Cooper Creek Volunteer Fire Department and a small
portion of the Lake Cities Fire District now adjacem to the newly annexed City property in
the southwest portion of Teasely (FM 2181).
In 2003, Denton County requested that the City of Denton provide fire protection to the
designated area due to Mayhill-Cooper Creek's cominuing lack of sufficiem resources to
provide a proper response to fire calls. The City had historically responded imo Mayhill's
District on mutual aid because of their lack of resources. However, the County did not
reimburse the City; they reimbursed Mayhill. Due to the fact the Fire Department was
responding anyway with no reimbursemem, the City pursued a comract when Mayhill
District could no longer meet its contracted requirements.
The County also requested in 2004 that the City respond to a small area next to the new
DISD high school on FM 2181 and Old Alton Road since the City of DeMon's response time
to the area is much quicker than Lake Cities Fire Department. This contract will be for a
period of one year.
The county pays a set figure per incidem that is $368.10 per call in our currem contract.
Current Concerns of County Funding of Fire Services:
1. The interlocal agreement is a savings for the County due to the fact they paid the
Mayhill-Cooper Creek an additional "emergency gram" each year ($25,000) for the
maimenance of their equipmem. In addition, the City receives no "first responder" fees
if the incident is a medical call because it has the ambulance agreement. The County
has saved funds by this loophole in the comracts because they paid the Mayhill-Cooper
Creek a first responder fee when the City's ambulance responded. This first responder
fee should be paid to the City just as it was to Mayhill-Cooper Creek. The purpose of
the contract is to provide services not to save the County expenditures.
The costs to provide these services continue to increase with no increase in funding.
The County Fire Chiefs Association has long complained of the inadequate funding.
City of Demon residems unfairly subsidize County funding of fire responses by City
Fire Department resources. City residents pay the same County taxes that
unincorporated residems do who receive the services. City residems also subsidize the
costs by paying City taxes to provide County services at less than full cost recovery.
This ongoing imerlocal agreemem is often delayed in the County's legal approval
process, which also includes review by the Demon County Fire Chiefs Association as
well as approval by the Commissioners Court as part of their budget process. Even
though the contract is usually approved after its starting date, the agreement still
remains effective from October 1, 2004 with no reductions in revenues.
5. County funding is always a year behind in its determination of fees.
STAFF RECOMMENDATIONS:
Staff recommends that the City of Denton continue to provide emergency ambulance services
to the small cities and continue to increase fees to recover costs. Sanger and Ponder will
most likely opt out of the contracts in the near future making this a mute point. However, the
City should pursue the additional revenues to subsidize its EMS expenditures.
Staff also recommends that the City continue to provide fire and EMS services to the
unincorporated areas. Contract discussions must be held prior to the budget with the County
to determine fair and reasonable charges for these emergency services. More input from the
City of Denton to Denton County is absolutely essential in the continuation of contracted
services. Not renewing these contracts would result in a net loss of revenues to the City.
FISCAL INFORMATION:
Staff budgeted the following revenues in FY2004/2005 based on the currem imerlocal
agreements for emergency fire and EMS services with Ponder, Sanger and Denton County.
Any change in these services will reflect on the revenues budgeted for the current fiscal year.
Small Cities Emergency Ambulance Services
County EMS Interlocal Agreement
County Fire Interlocal Agreement
TOTAL BUDGETED REVENUE
$104,796
$188,055
$30,184
$323,035
Respectfully Submitted:
Ross Chadwick
Fire Chief
Attachments:
City Council Presentation Slides
EXHIBIT 1
DETERMINING COMPANY COSTS
FY2004/2005 Denton Fire Department Strategic Plan
Personnel Costs:
Hours worked in 1 year
Hours worked in 1 yeademployee
Minus sick leave
Minus holiday
Minus vacation
Total Hours worked in 1 year
Employees needed for 1 position
Annual Total Compensation
1 Captain's Personnel Costs
8,760
2,912
(180)
(108)
(240)
2,384
4 (3.67)
$98,000.00
365*24
56hrs/52 weeks
8, 760/2, 384
$392,000.00 $98,000*4
Hours worked in 1 year
Hours worked in 1 yeademployee
Minus sick leave
Minus holiday
Minus vacation
Total Hours worked in 1 year
Employees needed for 1 position
Annual Total Compensation
I Driver's Personnel Costs
8,760 365*24
2,912 56hrs/52 weeks
(180)
(108)
(216)
2,408
4 (3.64) 8, 760/2,408
$83,532.00
$334,128.00 $83,532*4
Hours worked in 1 year
Hours worked in 1 yeademployee
Minus sick leave
Minus holiday
Minus vacation
Total Hours worked in 1 year
Employees needed for 1 position
Annual Total Compensation
I Firefighter's Personnel Costs
8,760
2,912
(180)
(108)
(192)
2,432
4 (3.60)
$76,000.00
$304,000.00
365*24
56hrs/52 weeks
8, 760/2, 432
$76,000*4
Support Costs:
Total Budget
Minus Operations Personal Costs
Plus Command Staff
Minus Revenues
Minus Fire Prevention
$13,926,578.00
$10,186,276.00
$547,916.00
$1,676,796.00
$533,771.00
TOTAL SUPPORT COSTS $2,077,651.00
PROPORTION = Calls (25%), Units (25%), People
(SO%)
# of Calls # of Units # of People Proportion Support Costs
4 engines 9.1% 9.1% 20.0% 38.2% $793,662.68
2 quints 4.3% 4.6% 13.4% 22.2% $461,238.52
1 truck 0.6% 2.3% 6.7% 9.5% $197,896.26
4 ambulances 11.0% 9.1% 10.0% 30.1% $625,372.95
Per Unit
$198,415.67
$230,619.26
$197,896.26
$156,343.24
25.0% 25.0% 50.0% 100.0% $2,077,651.00
10
Company Costs:
Staffing of 3
Captain
Driver
Firefighter
Engine Company Support Costs
$392,000.00
$334,128.00
$304,000.00
$198,416.00
TOTAL 3-PERSON ENGINE COMPANY
$1,228,544.00
Staffing of 4
Captain
Driver
Firefighters
Engine Company Support Costs
$392,000.00
$334,128.00
$608,000.00
$197,896.00
TOTAL 4-PERSON TRUCK COMPANY
$1,532,024.00
Staffing of 4
Captain
Driver
Firefighters
Engine Company Support Costs
$392,000.00
$334,128.00
$608,000.00
$230,619.00
TOTAL 4-PERSON QUINT COMPANY
$1,564,747.00
Staffing of 2
Driver $334,128.00
Firefighter $304,000.00
Ambulance Company Support Costs $156,343.00
TOTAL 2-PERSON AMBULANCE COMPANY $794,471.00
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
February 1, 2005
Fire Department
Jon Fortune, Assistant City Manager
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the location, design
and construction of fire station #7.
BACKGROUND
This report presents an overview of the planning for a fire station in the southwest portion
of the City of Demon. A new fire station in this area has been approved by the City
Council with an anticipated opening date of September 2006. The exact site has not yet
been determined and Staff requests direction from the City Council on this matter.
Staff estimates that the current cost to construct and equip a new fire station will be $3.25
million dollars and the annual operating costs will be approximately $1.5 million dollars.
Because of these costs, it is very important that the City puts the fire station in the best
possible location to make the most effective and efficient use of our limited resources to
provide exceptional services to all the citizens of Denton.
Fire Station Locations:
The location of fire stations defines the basic fire department coverage of any area within
the City of Denton. Of prime importance to the adequacy of that coverage is travel time
which is basically a function of the distance from the fire station to the incident location
and the average speed of travel by fire apparatus. This travel distance may be increased
considerably by street patterns, weather, and natural barriers such as railroad tracks,
freeways, street work, etc.
There are three (3) nationally recognized models for establishing where and how far apart
fire stations should be. The criteria for the basis of these models revolves around fire
department response specifically to fires.
Insurance Service Office (ISO) Model:
The criterion recommended by ISO is that a fire station must be located within a mile and
a half distance from the built-upon areas of a community. This provides for a maximum
of 1 minute for notification, 3 minutes for travel, and 3 to 5 minutes from the time that
the fire department arrives on the scene for fireground operations. Any fire station more
than five (5) miles is considered at the highest risk by ISO.
International City/County Management Association (I. C.M.A.) Modeh
This second model recommends that the location of a fire station be within 1 mile of
industrial and commercial property, 2 miles of a medium density residential unit (6 to 8
units per acre), and 3 miles of low density residential units (where homes are separated
by more than 100 feet).
Public Technology Model:
The third model is based on computer travel time formulas to determine future fire
stations based upon a maximum travel time of 5 minutes, which would normally equate
to 2.5 miles distance.
In both the ICMA and ISO models the following mathematical formulas developed by the
Rand Corporation for travel time or distance are used and reliably accurate:
Travel Time = 0.65 + 1.7 Distance
Distance = Travel Time - 0.65
1.7
Using this formula the following travel times and response distances can be determined:
1 mile response distance =
1.5 mile response distance =
2 mile response distance =
2.5 mile response distance =
3 mile response distance =
2.35 minutes travel time
3.2 minutes travel time
4.05 minutes travel time
4.9 minutes travel time
5.75 minutes travel time
Exhibit 1. National Emergency Travel Time Model Formula
Fire Station Scanning Model:
A key process of focusing on the future is to develop strategies that mitigate the impact of
response times that do not fit into the recommended response reflex times. A simple
scanning matrix exists to determine when and where mitigation is necessary to stay
within recommended reflex times. As illustrated in the Exhibit 2, this model considers
two factors. The first is the likelihood that an emergency is going to occur, which ranges
from low to high. The second factor is the expected travel time from existing fire stations,
ranging from low to high, if fire department emergencies should occur.
The matrix provides four potential sets of circumstances. In the first, if an emergency is
likely to occur and the travel time is within the recommended reflex time, we may want
to consider it and monitor it, but not get too concerned. It is really a matter of workload.
In the second circumstance, if an emergency is unlikely to occur and the travel time is
within recommended reflex time, we can choose to ignore it.
The far right bottom box holds a set of circumstances in which an emergency is not as
likely to occur, but if it does, it would be more than the recommended reflex time. The
southwest section of the City of Denton certainly fits into this box. The Fire Department
must be monitoring that event, for when it occurs, the consequences may be severe.
Page 2 of 13
That leaves us with the last box of circumstances, in which an emergency is highly likely
and response will take longer than the recommended reflex time. This is the box where
fires may expand beyond the room of origin and out of control for a long period of time
and where people with severe medical emergencies may die. This is the box that is most
serious to prevent. The southwest area is not yet in that category so proper planning now
for Fire Station #7 to mitigate that potential is critical.
High
EMERGENCY
OCCURRENCE
LIKELIHOOD
Reflex Times Within ~ Reflex Times More Than
Recommended Goal ~ Recommended Goal
Low High
EMERGENCY RESPONSE TRAVEL TIME
Exhibit 2. Fire Station Scanning Model
Fire Department Response Districts:
Six (6) fire stations are strategically located and currently cover approximately 70% of
our City within our travel time goal of 4 minutes, which is based on a 2-mile response
distance from each station. Each fire station has an established response district which
determines the unit that can most effectively respond to an emergency in that area. A
computer aided dispatch system picks the appropriate resources based on the nature and
location of the emergency.
The following exhibit shows the number of emergencies in each current fire station
district during 2004. Keep in mind that the units in each fire station respond to many
more calls than just the calls in their districts.These figures only represent the number
of emergencies located in that specific district.
Page 3 of 13
Central Fire Station 1,221
Fire Station #2 1,350
Fire Station #3 1,570
Fire Station #4 818
Fire Station #5 1,493
Fire Station #6 1,460
County Area 837
Exhibit 3. Denton Fire Department Fire Station District Responses in 2004
Fire Department Response Time:
Response time by the Fire Department is always a major consideration in response to
fires and medical emergencies. The concept of "response time" should be viewed as a
"reflex time." Therefore, the concept of "response time" starts with the community's
responsibility of detecting and reporting an emergency into the fire 9-1-1 emergency
system. The Fire Department's system starts with 9-1-1 dispatching our units, getting the
firefighters/paramedics out the door, traveling to the scene and then setting up to resolve
the emergency. The Fire Department's strategic plan is based on this more
comprehensive concept of "reflex time." The following graphic illustrates that concept:
Event
Initiation
Emergency
Event
i.%
COMMUNITY RESPONSE TIME
Pre-Response
Elements
(~0 minute goal) (1:00 minute goal) (4:00 minute goal)
FIRE DEPARTMENT RESPONSE TIME
Initiation of Action
Termination of
Incident
Post
Response
Elements
Exhibit 4. Denton Fire Department "Reflex" Time
Page 4 of 13
Number of Fire Stations Per 1,000 People:
The following exhibit using data from a Phoenix Fire Departmem national survey in 2000
shows the national distribution of fire stations per 1,000 people as compared to Denton.
The table comains the average number of fire stations per 1,000 population. (# of
stations/[population/1,000]). Using the average for all cities responding to the Phoenix
survey of 0.074 shows that DeNon should have 7 (7.1) fire stations based on its 96,000
people (96 X 0.074). Adding an additional station puts DeNon very close to the national
average.
Denton (current)
Denton (with Fire Station #7)
All Cities
0.063
0.073
0.074
Exhibit 5. Fire Stations Per 1,000 People- National Average vs. Denton
People Per Fire Station:
The national average of people per community fire station in 2000 was 13,514 people per
fire station. The following table illustrates the history in the City of Denton of people per
fire station. As seen in Exhibit 6, as the City grew the number of fire stations increased.
The average number of people per station necessitating a change was 16,522 people per
fire station. After a new fire station was opened that number dropped to an average of
12,803. Opening Fire Station #7 drops the 16,837 people per fire station to 14,429 based
on projected 2006 populations.
1971 2 19,937 Opened Station #3 13,291
1981 3 16,021 Opened Station Cfa, 12,016
1991 4 16,568 Opened Station #5 13,254
1996 5 14,085 Reopened Central 11,738
Exhibit 6. Denton Fire Department's People Per Fire Station History
Three Important Issues to Consider in Locating a Fire Station:
Distribution:
The location of fire stations with their first-due resources should be geographically
distributed for all-risk intervention. These fire station locations are needed to assure the
rapid deployment of Fire Department resources to minimize and terminate average,
routine emergencies. This is measured by a percemage of the City's area covered by the
first due units within adopted public policy response times. The Fire Department's
Page 5 of 13
Strategic Plan recommends a Travel Time for the first arriving engine company to a fire
or EMS incidem should be four (4) minutes or less 90% of the time. in 2004 this goal
was met approximately 63% of the time for fires and 78% for medical emergencies.
Concentration:
The spacing of multiple resources arranged close enough together so that an initial
effective response force can be assembled on scene within adopted public policy time
frames. An "initial" effective response force is that which will most likely stop the
escalation of the emergency for each risk type. Concentration is measured by risk type
category - high risk areas need second and third due units in shorter time frames then in
typical or low-risk areas. The Fire Department's Strategic Plan recommends a Travel
Time for the deploymem of a full first alarm assignmem for a fire incidem should be
eight (8) minutes or less 90% of the time. Curremly our records managemem system can
not give us the data to measure when this goal is met.
Workload:
Stations that are in high response areas respond to many more calls than do fire stations
in neighborhood fire stations. If possible, locating a new fire station to absorb some of
the busy fire stations workload makes the response of all Fire Department resources more
effective and efficient.
DISCUSSION QUESTIONS:
Does the City of Denton Need Fire Station #7 in the South West?
The southwest portion of the City of DeNon along the 35W corridor has several large
residential developments that continue to grow. Several thousand acres in this area of the
City and This once rural farmland is quickly feeling the impact of developmem growth
- mostly residential.
Incident Response Areas (IRA 's):
The City is divided imo 126 geographical areas that the Fire Departmem refers to as
incidem Response Areas (iRA). These areas are used for planning purposes as we
cominually analyze where and how often emergency calls occur. The sizes of the iRA's
vary because they are usually determined by neighborhoods, hospitals, major business,
mall, schools, etc. or a specific target hazard we monitor for responses (for example:
Safety Kleen [IRA #872]).
Analyzing the responses in the four (4) iRA's that will most likely make up Fire Station
#7's area indicated 126 calls in this area with an average of 32 responses per iRA in
2004. The Citywide average of all 126 iRA's showed an average of 64 emergency calls
per IRA. Based on growth expectations and current trends, this figure will more than
double by the opening of Station #7.
There were eight City IRA's in 2004 that had more than two times (128 calls) the
average; two IRA's with more than three times (192 calls) the average; five IRA's with
Page 6 of 13
more than four times (256 calls) the average; and two IRA's that responded to more than
five times (320 calls) the average.
984 29
987 2
989 56
979 36
Exhibit 7. Denton Fire Department's Responses to Station #7 Incident Response Areas (IRA's) in 2004
Emergency travel times in the southwest are beyond the Fire Department's recommended
goals and the number of emergency calls cominue to increase. The number of
emergencies and the average emergency response times (travel times) in 2004 to this area
by nature of established developmems or locations are indicated in the following exhibit.
2449/35W 7 6 4 5.0 minutes I 6.0 minutes
Country Lakes 4 3 2 10.3 minutes 0 NA
Hills of Argyle 4 0 5.5 minutes I Om in ute
Exhibit 8. Denton Fire Department's Responses to Southwest Area Developments of Denton in 2004
The most effective way to reduce this travel time to this area is to build a new residential
(capability for 1 fire engine and 1 ambulance) fire station along the 35W or Highway 377
corridor within an acceptable response time to the southern most City limits.
Robson Ranch Development:
Curremly, the major developmem in the southwest area of the City of DeNon under
consideration for a new fire station is Robson Ranch. It will provide residential units for
approximately 15,000 to 20,000 people at buildout (about 2020). In addition, residems in
this community are over 55 years old, which increases the risks for EMS responses.
The residems of Robson Ranch have actively pursued a City fire station within their
developmem due to the projected number of people.
Page 7 of 13
Robson Ranch was voluntarily annexed into the city in 1999. The following statement
was made in the Annexation Service Plan regarding the provision of fire and emergency
medical services for Robson Ranch and was part of annexation:
B. Fire Protection and Emergency Services
Fire Service will be available through existing facilities during the interim period when the
annexation tract remains for the most part undeveloped. A new Fire Station #7 will be needed
in the future to provide service for the annexed tracts, to be located in the vicinity of the I-
35W/FM 2449 intersection.
Robson projected a build out of approximately 6,000 individual parcels of property
consisting of 3,541 standard residential lots, 2,107 Casita lots, and 268 duplex lots. The
remaining lots are comprised of golf courses, maintenance buildings, sales center,
clubhouses, wastewater treatment facilities, retail, and open space. In March of 2000,
Robson Ranch developed a year-by-year construction plan, which enumerated the phased
construction of all residential lots and various amenities proposed by the development.
Exhibit 9 illustrates the plan by the Robson Ranch construction plan.
Standard 3,541
Casita 2,107
Duplex 268
Exhibit 9. "Robson Ranch Construction Per Year" Projections - March 22, 2000
Exhibit 10 displays the original construction projections made by Robson Ranch as part
of their voluntary annexation application in March of 2000 compared to the actual
completed construction to January 1, 2005. Unfortunately, construction is still
original pace expected by Robson. Through the end of 2004, Robson
estimated 1,450 completed units; yet, they have only constructed 503 units.
substantial difference of 973 units. In addition, Robson Ranch Engineering
projections for the years 2003 to 2007 to City Planning Staff on June
Comparing these new estimates to their original projections again shows a
difference. Fortunately, the revised 2003 forecast for 340 units in 2003 and
been successfully achieved.
behind the
originally
This is a
made new
10, 2003.
very large
2004 have
The current 503 completed construction units represent only 8.5% of the total
construction build out. Original Robson estimates forecast 25% of buildout by the end of
2004. Less than 9% completion of the project certainly falls under "remains for the most
part undeveloped" which can be serviced by existing fire facilities as stated in the original
annexation service plan by the Fire Department.
Page 8 of 13
2000 315 5.32% 10 -305 0.17% 10
2001 172 8.23% 71 -101 1.37% 71
2002 360 14.32% 82 -278 2.76% 82
2003 324 19.79% 133 -191 5.63% 170
2004 279 24.51% 207 -72 8.50% 170
2005 265 28.99% 200
2006 269 33.54% 225
2007 365 39.71% 250
2008 220 43.42%
2009 272 48.02%
2010 367 50.51%
2011 259 58.60%
2012 272 63.20%
2013 417 73.96%
2014 254 74.54%
2015 300 79.61%
2016 291 84.38%
2017 369 90.62%
2018 229 94.49%
2019 317 100.00%
"Robson Ranch Construction Per Year" - 3/22/2000
Denton Permit Tracking System- 1/2005
Robson Ranch Engineering - 6/10/2003
Exhibit 10. Robson Ranch Growth - Actual versus Projected, January 2005
Robson Ranch City Property Taxes:
Staff has received many comments from Robson residents
expectations for more services, such as the following:
about tax rates and their
"Our taxes are SKY HIGH, and we at Robson Ranch get NOTHING."
"In addition, to paying unreasonable taxes for very tittle services...'
"A conservative estimate of the property tax that the city will coflect next year is estimated to be around $750,000
to $'1,000,000 and will increase a substantial amount every year there after.'
"/think since Denton annexed this area that they should be willing to provide us with some amenities and not just
take our tax money and raise them each year without any improvement in services... What benefits do we get?
We are already losing residents who have found that cost of riving in Denton County prohibitive. Our taxes and
utilities are higher than anywhere we have ever rived before.'
Page 9 of 13
"County residents probably expect fire protection that is not up to standard with dty fire protection. However, I live
in the dty and pay dty taxes and expect to be provided services that are at the same standard as the other
residents of Denton."
Exhibit 11 is based on information prepared by the City of DeNon Finance Departmem
and provides the past three years of actual City property taxes and the projections for
2005 for the Robson Ranch developmem. The comprehensive spreadsheet showing the
complete analysis with all the assumptions is attached to this report.
Exhibit 11. Robson Ranch Property Value Analysis - January 19, 2005
What are the choices for locations for Fire Station #7?
Because the station should be along the 35W corridor so it can adequately cover the
southwest section of the City, the station must have immediate access onto 35W.
Unfortunately, there are only two locations with on and off ramps onto and off the
freeway in the southwest area of the City. Therefore, Fire Station #7 essentially only has
two (2) choices for locations: Robson Ranch Road or 2449/Vimage Parkway.
Where is the best location that will serve ALL 96,000 residents of the
City?
This is the question that is answered by the "Distribution" and "Concemration" elemems
of the planning process. Fire stations often respond throughout the City to back up other
fire stations or in the case of a structure fire respond 3 fire engines, 1 tuck company, 1
paramedic ambulance and the Shift Battalion Chief. So even though a fire station has a
specific district, it often responds into other districts, just as the other six fire stations will
occasionally respond into the Fire Station #7 district.
The DeNon City Council has approved the purchase of 88 acres on Vimage Parkway
(2449) between 35W and Bonnie Brae for a Public Safety Training Facility. It is also the
site recommended by the Fire Department's 5-year Strategic Plan for Fire Station #7
which would best serve the south west portion of the City, including Robson Ranch. This
is also the location that we specified in the official annexation service plan for Robson
Ranch when it came imo the City of Demon. Since the City will own the 88 acres for the
training facility, there will be no land acquisition costs for a fire station.
City Staff has participated in some preliminary discussions with Robson about the
possibility of them providing land for a fire station on Robson Ranch Road (Crawford) on
their commercial property. This site would obviously be within the 5-mile range of a fire
station, but a long distance from the remainder of the City's population base. It also
would be on our southern most boundaries, which limits its effective response coverage
Page 10 of 13
only to the north. And even though the property is "free," there are some substantial
costs to provide water and sewer lines to that site.
Even though Robson Ranch residents would prefer a station closer to their neighborhood,
a new fire station on Vintage Parkway (2449) would still reduce the emergency response
times to Robson by half- approximately five to six minutes. This is indicated in Exhibit
8 by subtracting the Vintage travel times from the Robson travel times.
How can Fire Station #7 help reduce the other very busy fire station
districts?
This is the "Workload" planning element of the process. Some of our fire station districts
are growing at a faster rate than the southwest portion of the City where Robson is
located. Another fire station will significantly reduce some of the responses by the busier
stations, especially Fire Station #3. It appears that a fire station on Vintage Parkway
(2449) will most effectively reduce the number emergency responses.
Where are the most emergency calls being generated now and how will
future development impact the number of future emergency incidents?
This is also part of the "Workload" planning element. Continually analyzing the iRA's
and updating the Fire Department' Strategic Plan each year assists in answering this
question, it appears that a fire station on Vintage Parkway (2449) will achieve the best
response to the majority of the emergency responses. In addition, it appears at this time
that major development may occur on 2449 in the next few years.
Where does the Mobility Plan for the City provide for the best access
into all the areas of the Fire Station #7 district and City?
One of the key decision factors will be where current and future streets will be located
which will reduce response times to the entire Fire Station #7 district and the rest of the
City.
The extension of the loop to the west side of the City indicates that the best mobility to
the rest of the City will come from a fire station on 2449 and 35W. in addition, this will
provide a drastically reduced travel time to the airport.
The extension of Vintage Parkway (2449) to Hwy 377 will be completed approximately
the same time as the opening of the fire station. A Fire Station on Vintage Parkway will
significantly reduce the travel time to Hills of Argyle as well as the Vintage Development
and any new developments on Hwy 377.
Page 11 of 13
Where are the current and future City limits of the City and how can Fire
Station #7 be most effectively located to best serve the largest area?
It appears at this time that the southern most City limits will remain the same since the
land directly south of Robson Ranch Road will remain in Argyle and North Lakes.
However, there are many pockets of unincorporated land that may annex to the City
when a new fire station is opened. The residents on Bonnie Brae in the County during
annexation meetings expressed the possibility of coming into the City when they see a
fire station. Locating Fire Station #7 on Vintage Parkway, just off of Bonnie Brae may
positively impact the decisions of many County landowners to annex into the City.
Where will a fire station best reduce community insurance rates?
Locating a fire station within five miles of all City property is the expressed desire of the
City Council. Unfortunately, a station site on 2449 and 35W is just beyond 5 miles from
most of Robson Ranch, which would not help in their insurance rating. The best location
to reduce ISO ratings would be nearer Robson Ranch Road along the 35W corridor.
Unfortunately, there are no other accesses to 35W other than 2449 and Crawford/Robson
Ranch Road, which would mean locating a station near Robson Ranch on donated
Robson Ranch property.
However, we have found that some insurance companies do not use ISO in establishing
homeowner rates. Some use zip code as a rating determination. It is more cost effective
to shop around for lower insurance rates than build new fire stations.
STAFF RECOMMENDATION:
Based on the answers to the discussion questions and all data currently available, Staff
recommends that the City proceed with securing a site for Fire Station #7 on the 88 acres
of land currently being purchased on Vintage Parkway.
· The City will own this piece of property resulting in no expenditure for property with
substantially reduced infrastructure costs.
· This location between the southern most City limits and Fire Station #3 best serves
the southwest area and the remaining 96,000 people in the core of the City.
· This location most effectively reduces the number of emergencies from Fire Stations
#3, #5 and #6.
· The Fire Department's Strategic Plan has long proposed this site for a fire station in
the southwest.
· This site has been expressly identified in annexation service plans for planned
developments.
Page 12 of 13
The City's Mobility Plan clearly shows that 2449 and Vintage Parkway are major
routes for future traffic flow which improves emergency response times.
Design costs can be combined for the fire station and the training facility.
Having a fire station along with the training facility will save costs for both. There
are cost efficiencies when funds are combined.
A fire station on the site of the training facility provides security as well as staff
support for future training activities.
If you have any questions, please give me a call at 8830.
ROSS CHADWICK
Fire Chief
Attachments:
Staff Slide Presentation
Robson Ranch Property l/alue Analysis - January 19, 2005
Page 13 of 13
~Jn:
LO
0
0
AGENDA INFORMATION SHEET
AGENDA DATE: February 1, 2005
DEPARTMENT: City Manager's Office
CM/ACM: Mike Conduff, City Manager
SUBJECT
Hold a discussion and give staff direction regarding Council mobile communication usage and
procedure.
BACKGROUND
At an October 27, 2003 luncheon the City Council agreed to adopt the following practices
relating to city provided cellular phones:
All Councilmembers will have the opportunity to have a City provided cell phone and
will receive a nationwide coverage plan from the City of DeMon's cellular provider not to
exceed $50.00 per momh, plus replacemem insurance applicable fees and taxes.
Individual Councilmembers will reimburse any expenses on their cell phone accoum that
exceed the $50.00 per momh rate plan plus replacemem insurance, applicable fees and
taxes.
o
If a City issued cell phone is lost, stolen, or broken, more than once in a 12 momh period
of time and is not covered by replacemem insurance, then the Councilmember is
responsible for replacing the handset with a comparable model.
This procedure was initiated in February of 2004, following the smooth transition from the
vendor used by the City in October of 2003, when the procedure was agreed upon, to the City's
currem service provider. Beginning with January 2004 usage, the City Manager's Office began
supplying each Councilmember with a monthly statement detailing minutes used, roll over
minutes acquired, total momhly charges, and reimbursable momhly charges, over the $50.00
threshold, in the form of an individual memo. The City Manager's Office has been responsible
for carrying out the Council's agreed upon procedure by seeking, depositing, and keeping record
of Council reimbursemems to the City as appropriate. No distinction was made in Council's
reimbursemem agreemem in reference to what might cause the charges to be in excess of $50.00,
such as going over the provided 500 daytime minutes, the addition of roaming charges from calls
made or received outside the roaming area, or charges for dialing information. A flat rate of
$50.00 was set regardless of reason. An average monthly statement, with no additional charges,
is approximately $46.00.
Since October of 2003 other options in mobile communications have become available. In a
December 22, 2004 memo to the emire Council, John Cabrales, Public information Officer
provided the City Council with information on utilizing a PDA device, specifically the Nextel
Blackberry 7520, in place of a City provided cell phone for mobile communications, in keeping
with council's agreed upon procedure, $50.00 worth of City covered mobile communication
services were offered with this option. However, if choosing a PDA for mobile communications,
the equipment and the service account would both be personal expenditures made by any
councilmember, and an expense reimbursement request applicable to the cost of communication
services of up to $50.00 could be made of the City by the Councilmember through submission of
their monthly service statement. Under this option, the City would provide the contact name for
the person through which the Councilmember could purchase their own equipment and set up
their own account, and assistance to the Councilmembers with applicable expense report
paperwork for seeking up to $50.00 in communication service reimbursement, if seeking
reimbursement on PDA communication services, the telephone numbers would need to be public
and bills would be subject to open records request, just as City cell phones are.
Staff has assumed that it would be appropriate for Councilmembers to be eligible to use either
the City provided cell phone plan or the PDA reimbursement plan, not both. Staff has made
provisions for Councilmembers to transfer their current City cell phone numbers to PDA devices.
Additional information on cost comparison of Nextel Communications and the Blackberry 7520
to other vendors was requested by individual Councilmembers, and has been provided.
Currently five of the seven Councilmembers are still utilizing the procedure agreed upon for City
cellular phones. One Councilmember has transitioned to use of a PDA device and the $50.00
reimbursement from the City for mobile communication services, and one has turned in their
City cell phone and had their service discontinued all together.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
An October 27, 2003 luncheon was held where the original agreement for a City provided cell
phone and service expenditure not to exceed $50.00 was agreed upon by Council. There has
been no discussion of the procedure by Council or any other body prior to this agenda item.
FISCAL INFORMATION
in concurrence with Council's current procedure, the City expenditure would be no more than
$4,200 annually on Council mobile communications.
Respectfully submitted:
Prepared by:
Betty Williams
Director of Management &
Public information
Pamela Rambo-Estill
Assistant to the City Manager
Attachments:
Memo February 6, 2004
Memo December 22, 2004
Cost Comparison of Nextel to Cingular
2~$ E. Mc~JNNEY DENTON, TEXAS 7820f . (940) 349-8200 · FAX (.q40) 349-R696
MEMORANDUM
To:
From:
Date:
Subject:
Honorable Mayor and Members of the City Council
Robert Hanna, Assistant to the City Council.~~
February 6, 2004
Council cellular phones...
On October 27, 2003, Council agreed to adopt the following policies relating to city provided
Council cellular phones:
All Council Members will receive a nationwide coverage plan from the City of Denton's
current cellular provider not to exceed $50.00 per month plus replacement insurance,
applicable fees and taxes.
2. The individual Council Member will reimburse any expense~ that exceed the $50.00 per
month rate plan plus replacement Insurance, applicable fees a,d taxes.
3. Ifa city issued cellular phone is lost, stolen or broken more than once in a twelve mo,th
period of time and is not covered by replacement insurance, then the Council Member is
responsible for replacing the I,andset with a comparable model.
Shortly after Council adopted this policy~ the City of Denton changed cellular providers. While
the vendor change has gone smoothly, we have waited to initiate Council's decision to reimb,rse
cell phone charges over the agreed $50.00 rate plan until the migration was complete.
You will receive a memo each month showing any reimbursable expenses and your total minutes
used for the billing cycle.
Your cellular use information for the month of January is attached to this memo. Please call
(940) 349-7709 if you have any questions.
"Dedicated to Qttality Service"'
www ,cityofdenton.com
215 E. McKINNEY DENTON~ TEXAS 76201 · (940) 349-8172 · FAX (940) 349-7444
Public Information Office
MEMORANDUM
DATE:
December 22, 2004
TO: Council members
FROM:
John Cabrales Jr., Public Information Officer
The city currently provides Council Members with cell phones at a rate of $50 per month. This
includes the equipment, the monthly service plan which includes maintenance and insurance. Nextel
has made the new Blackberry 7520 available to Council Members at a reduced price and has made
the offer to the Mayor. In lieu of having a city provided cell phone, the Mayor has personally
obtained the new Blackberry and opened a personal account for her new service. She will be
reimbursed at the rate of $50 per month. An interest has been expressed by other Council Members
to switch to this communication service and listed below are items for consideration if you choose to
switch to this new service.
Nextel Communications would like the opportunity to let Council Members know what Nextel has
to offer on the Blackberry 7520. Below is some general information concerning Nextel Blackberry's
and accounts. This offer is available to employees and their families through the city's service
agreement with Nextel and rates only apply while in service to the city.
The one time cost for a Blackberry 7520 unit is $199.
Below are four rate plans that deal specifically with the Blackberry 7520.
Blackberry National Team Share 400*
$71.99/month
400 Cellular minutes
Unlimited email and web access
250 Direct Connect minutes
Blackberry National Team Share 600*
$80.99/month
600 Cellular minutes
Unlimited email and web access
250 Direct Connect minutes
Blackber _ry National Team Share 900*
$98.99/month
900 Cellular minutes
Unlimited email and web access
250 Direct Connect minutes
Blackber _ry National Team Share 1200'
$116.99/month
1200 Cellular minutes
Unlimited email and web access
250 Direct Connect minutes
*Not included in the monthly rate plan costs are taxes, fees, insurance, etc.
Here are some additional features to consider as well, both are in addition to the momhly rate plan
costs:
Voice mail - $1/momh
Caller ID - $1/momh
All plans include:
1. Unlimited nights (9:00pm-7:00am) and weekends (Friday 9:00pm-Monday 7:00am) cellular
minutes.
2. A $0.40 per minute overage charge if the momhly allotted cellular minutes are exceeded.
3. A $0.15 per minute overage charge if the momhly allotted direct connect minutes are exceeded.
In order to take advantage of this offer from Nextel the following apply:
1. Blackberry will be a personal equipmem purchase and service accoum.
2. A credit check is required by Nextel Communications.
3. To receive your $50 monthly reimbursement you simply need to submit an expense report
and attach a copy of the invoice.
4. Council is eligible either to cominue the use of their currem city cell phone or seek
Blackberry reimbursement, not both.
5. The city can release the currem cell phone numbers that Council Members have to Council
Members for use on their new devices.
6. Telephone numbers will need to be a number that can be used for publication in order to be
reimbursed.
5. Due to the reimbursemem, personal cell phone bills will be subject to open records requests.
For further details or information or to purchase your Blackberry and set up your account for a
Nextel Blackberry, please contact Theresa Matthews, Nextel Government Accounts Representative,
at (817) 401-8711, or Theresa. Matthews~nextel.com.
Sincerely,
John Cabrales Jr.
City of DeNon
Public Information Office
940-349-8509 office
940-380-3520 pager
940-465-4846 mobile
Blackberry Comparison
Not included in monthly rate plan costs are taxes, fees, insurance, etc.
Nighttime minutes are 9:00pm - 7:00am & weekend minutes are 9:00pm Friday - 7:00am Monday
For specific information about coverage, fees, etc, please contact our representatives.
Cingular Representative Nextel Representative
Tracey Chaloupka Theresa Matthews
(877) 438-4295 (817) 401-8711
www. hawkelectronics.com theresa.matthews@nextel.com
Notify integration (per month) $ 25.00
(for Groupwise email, has not been tested)
Cingular
Blackberry 7290 $ 299.00
(rebates potentially available)
GSM Nation Plan #1
Anytime Minutes 450
Night/Weekend Minutes 5000
W e b A cee S s Unli m i~e d
Rollover Minutes no
DirectCon~ec~Minu~es nya
Cost/DC overage n/a
GSM Nation Plan ~2
Anytime Minutes 600
Night/Weekend Minutes Unlimited
W ~ ~ ~ ~ ~ ~ U~li mit e d
Rollover Minutes yes
DireS~Cb~OtMib ~/a
Cost/DC overage n/a
GSM Nation Plan ¢3
Anytime Minutes 850
Night/Weekend Minutes Unlimited
w e b ~ ~e ~ s UOli m i~ e d
R0,0ver Minutes yes
Direct Con~ectMinu~es n/a
Cost/DC overage n/a
GSM Nation Plan ¢4
Anytime Minutes 1250
Night/Weekend Minutes Unlimited
W e b A ~Ce ~ ~ U ,I i m it e d
Rollover Minutes yes
Cost/DC overage n/a
Notify integration (per month) $ 25.00
(this is needed to sync w/Groupwise email)
Nextel
Blackberry 7520 $ 149.00
National Team Share 400
Anytime Minutes 400
Night/Weekend Minutes Unlimited
W e b Access U n limited
Rollover Minutes n/a
D ireCtConnectMinutes 250
Cost/DC overage $ 0.15
National Team Share 600
C 0 ~ t~ ~ 0 9 9
Anytime Minutes O00
Night/Weekend Minutes U~limited
Wbb Unlimited
Rollover Minutes n/a
D ireb[CSh~b i~Otb 250
Cost/DC overage $ 0.15
National Team Share 900
Anytime Minutes 000
Night/Weekend Minutes U~limited
w e b Access U n limited
Rollover Minutes n/a
DireCt Connec~Minutes 250
Cost/DC overage $ 0.15
National Team Share 1200
Anytime Minutes 1200
Night/Weekend Minutes Unlimited
W e b AC~e~ U n I i;mile d
Rollover Minutes n/a
Dire ~t C8 ,~ e i ~0[e 25 0
Cost/DC overage $ 0.15
continued
GSM Nation Plan #5
Anytime Minutes 2000
Night/Weekend Minutes Unlimited
W~ ~ ~ g g U n I! m i~ed
Rollover Minutes yes
Cost/DC overage n/a
GSM Nation Plan #6
Anytime Minutes 3000
c u t g
Night/Weekend Minutes Unlimited
We b A b ~e ~ S u n I ! m i~ed
Rollover Minutes yes
Dire COn ~ebt MinUteS n~a
Cost/DC overage n/a
GSM Nation Plan #7
Anytime Minutes 4000
Night/Weekend Minutes Unlimited
W~ ~ ~ g g U n I! m i~ed
Rollover Minutes yes
D i~ Cb~t M i~t~
Cost/DC overage n/a
GSM Nation Plan #8
Anytime Minutes 6000
Night/Weekend Minutes Unlimited
We b A b ~e S S u n I ! m ;i~ed
Rollover Minutes yes
Dire COn 6cbt M i~SteS n/a
Cost/DC overage n/a
includes $29.99 Blackberry plan and $3.00 Call Detail
includes $24.99 Blackberry plan and $3.00 Call Detail
CITY OF DENTON CITY COUNCIL MINUTES
December 6, 2004
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Monday, December 6, 2004 at 11:30 a.m. in the Council Work Session Room.
PRESENT: Mayor Euline Brock, Mayor Pro Tem McNeill, Council Members Kamp,
Montgomery, Thomson
ABSENT: Council Members Mulroy and Redmon
1. The Council received a briefing and held a discussion on the informational brochure
being put together by the City of Denton for the 2005-2009 Capital Improvement Program Bond
Election.
Kiersten Dieterle, Public Information Manager, reviewed the educational campaign used during
the 2000 CIP Bond Election. A Question and Answer brochure and Voter's Guide brochure
were developed in English and Spanish and delivered to utility customers with their bill. Two
color ads were run in the Denton Record-Chronicle. A news release was sent to local media and
educational information was posted on Channel 26 DTV and the city's website.
Dieterle presented a no-cost English and Spanish campaign schedule. She also provided several
options, which included direct mailing 23,000 full color Q&A brochures for approximately
$8,436; direct mailing 23,000 2-color Q&A brochures for approximately $6,436; mailing 45,000
full-color Q&A brochures in utility bills for approximately $6,050; or mailing 45,000 two-color
Q&A brochures in utility bills for approximately $3,150.
Dieterle stated that the mailing in the utility bills would have to start next week in order to go
through all the cycles before early voting begins.
Council suggested differentiating between the two brochures. They looked identical. Also
suggested that the Public Information Office should be the contact instead of Finance.
The following changes to the brochures were suggested:
Proposition 1 - South branch library- take out the word 'expansion'
Proposition 2 - Downtown improvements - take out the word 'perimeter'
Proposition 3 - Change the line about the Civic Center to read - Civic Center Pool
Enhancements
Ad all of the council's names to the brochure
Say 'please vote'
Proposition 2 - Residential Street Improvements - take out the word 'most'
Be consistent with park names
Soft background so maybe it doesn't shadow the wording
Bold dollar amounts for total costs
Proposition 3 - Change 'To serve Denton's growing population...' To address Denton's
growing population and the exemplary rating of the Denton Parks System...
Voting info - take out the verbage in the first paragraph and put all voting info together
Include early voting info with regular voting - just take out non-essential info
Dieterle also stated that at this time no funding had been identified for the educational campaign.
City of Demon City Council Minutes
December 6, 2004
Page 2
City Manager Conduff stated staff would have to look to see if they had funds available that
could go toward funding the campaign - possibly Parks, Streets, and Utilities, also Council
Contingency Funds.
Dieterle stated that they would need approximately $11,400 for the mailing in the utility bills, the
ads in the Demon Record-Chronicle, Spanish ads, and extra brochures; also brochures for the
committee to mail to voters with a letter - raises it to $12,800.
Council Members Thomson, Kamp, and McNeill each offered $500 from their comingency
funds if staff could not find enough funds.
With no further business, the meeting was adjourned.
JANE RICHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
December 7, 2004
After determining that a quorum was presem, the City Council of the City of DeNon, Texas
convened in a Work Session on Tuesday, December 7, 2004 at 4:00 p.m. in the Council Work
Session Room.
PRESENT:
Mayor Brock, Mayor Pro Tem McNeill, Council Members Kamp, Montgomery,
Mulroy, Redmon, Thomson
ABSENT: None
1. The Council received a report, held a discussion and gave staff direction concerning
environmental issues related to the recent revisions of Subchapter 22 of the Denton Development
Code (related to Gas Well Drilling and Production).
Dr. Kenny Banks, Water Resources Program Manager, updated the Council on the
implementation phase of the environmental components of the amendments to Subchapter 22 of
the Development Code. He stated that staff recommended continuing the environmental
compliance measures under the existing provisions of Subchapter 22 with updates when drilling
operations commence in the flood fringes of Demon's floodplains.
Mayor Brock suggested monitoring compliance very closely and submit a report within 2-3
months to the Environmental Committee to review and then bring to council.
2. The Council received a report, held a discussion and gave staff direction concerning
existing road damage repair agreements for natural gas development activities and possible
alternative methods for assessing road use fees.
Jim Coulter, Director of Water Utilities, stated that staff had reviewed the road damage
assessment study. He stated that there were several options and staff was recommending
revising the existing Gas Well Drilling and Developmem Ordinance to require a road damage
assessmem fee based upon a calculation methodology using the C&P Engineering Study.
The Council agreed to this option.
3. The Council received a report, held a discussion and gave staff direction regarding the
impact of gas well developmem on nearby (adjacem) residemial properties.
Larry Reichhart, Assistant Director of Planning & Development, stated that residents had
expressed concerns regarding noise, visual impact of the well site (debris, trash, and mud pits),
and traffic.
Reichhart stated that existing regulations provided that wellheads could not be within 500 feet of
residemial buildings.
Reichhart suggested the following alternatives to existing regulations: Increase the 500 foot
distance requiremem for a SUP; not allow wellheads within X' of a residemial property line;
require a SUP if a wellhead was within X' of a residemial property; improve decibel levels
performance near residential properties; require access to a site from a State Road or approved
Truck Route if adjacent to the site; increase the number of inspections per site.
City of DeNon City Council Minutes
December 7, 2004
Page 2
Council Member Mulroy requested that a report on state vs. local rights go to the Environmental
Committee for review.
4. The Council received a report, held a discussion and considered approval of
enhancemems to the currem City of Denton Utility Bill.
The following changes were suggested: Change the graph on the utility bill to show 13 momhs
instead of 12 months. Add detailed instructions on the bottom of the bill on how to access
account information on the website either in blue or bold text.
Council Member Thomson requested information on putting a note on the bill for cart customers
regarding receipt of clear garbage bags.
5. The Council held a discussion and gave staff direction regarding the 2005 Council
meeting schedule.
The Council suggested the following changes for the meeting schedule:
Move February 15 meeting to February 22.
Reserve first Mondays for luncheon work sessions.
Agenda Committee schedule a mini retreat for January to review summer retreat
activities.
Add these topics to the matrix: Annexation Policy (Corbin Road), Street Reports on
Denia Neighborhoods and Austin Street.
Add these items to Budget Discussion: Insurance Coverage, Workers' Comp Policy.
Requested Budget Discussion be moved to January.
Requested Animal Services Procedures be moved to an earlier date.
Requested day labor situation be reviewed by Legal and an opinion rendered before
presenting to Council.
Requested a review of the report from the Denton Housing Coalition when reviewing our
policy on infill.
6. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for December 7, 2004.
Regular Meeting of the City of Demon City Council on Tuesday, December 7, 2004 at 6:30 p.m.
in the Council Chambers at City Hall.
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
A. Proclamations/Awards
The Mayor presemed a proclamation honoring Stephen Carroll.
City of DeNon City Council Minutes
December 7, 2004
Page 3
The Mayor presented a proclamation for Police Appreciation Day to Jim Poirot with the
Citizen's Police Academy and Chief Charles Wiley.
Beth Fleming, Purchasing Agem for DeNon County and Presidem of the National Purchasing
Institute presented the Achievement in Excellence in Procurement Award for 2004 to Tom Shaw,
Purchasing Agem for the City of DeNon.
B. Recognition of staff accomplishments
City Manager Conduffpresemed staff accomplishmems to the Council.
3. CONSENT AGENDA
Mulroy motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances with a correction to the minutes of November 8 on Item 1 (Council requested that the
business pro forma be brought back for review by Council prior to inserting it imo the bioreactor
portion of the landfill engineering project). On roll vote, Kamp "aye", McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
mo
Approved the minutes of November 2, November 8, November 9, November 16,
November 17, and November 18, 2004.
Bo
2004-368 - An ordinance of the City of DeNon, Texas authorizing the City
Manager to execute a Professional Services Agreement with ETTL Engineers and
Consultams, Inc. for Hydrogeological Consulting and Analytical Services
pertaining to the City of DeNon Landfill (MSW Permit No. 1509A); authorizing
the expenditure of funds therefor; providing for retroactive ratification and
approval thereof; and providing an effective date.
Co
2004-369 - An ordinance of the City Council of the City of DeNon, Texas,
authorizing the City Manager to pay the City's annual consolidated water quality
fees for FY 2005 to the Texas Commission on Environmemal Quality;
authorizing the expenditure of funds therefor; providing an effective date.
Do
2004-370 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of distribution padmounted switchgear; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3247 - Annual
Contract for Manual PME 9,10,11 Padmounted Switchgear awarded to Priester
Supply Co. in the estimated amoum of $184,465).
mo
2004-371 - An ordinance authorizing the City Manager or his designee to execute
Change Order Two to the contract between the City of Denton and Circle C
Construction Company, Inc.; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3107 - Hickory Creek Basin Sewer
Replacemems and Liners Change Order Two in the amoum of $202,750).
City of DeNon City Council Minutes
December 7, 2004
Page 4
Fo
2004-372 - An ordinance awarding a contract for the purchase of network
structured connectivity wiring for the Civic Cemer and Emily Fowler Library
Renovation projects as awarded by the State of Texas Building and Procuremem
Commission through the Catalog information Service Vendor (CiSV) Catalog
Program; providing for the expenditure of funds therefor; and providing an
effective date (File 3276 - Purchase of Network Wiring for Civic Cemer and
Emily Fowler Library Renovation Project awarded to Devolve Corporation in an
amoum not to exceed $31,796.33).
Go
2004-373 - An ordinance awarding a comract for the purchase of Cisco network
equipmem for the Civic Cemer and Emily Fowler Library renovation projects as
approved by the State of Texas Building and Procurement Commission
Departmem of information Resources (DiR); providing for the expenditure of
funds therefor; and providing an effective date (File 3275 - Purchase of Cisco
Network Equipment for the Civic Center and Emily Fowler Library awarded to
imerNetwork Experts in the amoum of $61,122).
Ho
2004-374 - An ordinance approving the expenditure of funds for the purchase of
shelving for the Emily Fowler Library renovation project available from only one
source in accordance with the provision for state law exempting such purchases
from requiremems of competitive bids; and providing an effective date (File 3267
- Shelving for Emily Fowler Library awarded to Libra-Tech Corporation in the
amoum orS119,461.53).
2004-375 - An ordinance of the City of DeNon authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governmems (H-GAC) for the acquisition of recycling carts for the
Solid Waste Division by way of an interlocal Agreement with the City of Denton;
authorizing the expenditure of funds therefor; and providing an effective date
(File 3269 - Purchase of Recycling Carts awarded to Otto industries, inc. in the
amoum of $70,951.70).
Jo
2004-376 - An ordinance accepting sealed proposals and awarding a comract for
Excess Liability and Workers Compensation insurance Coverage for the City of
DeNon; providing for the expenditure of funds therefor and providing an effective
date (RFSP 3256 - Excess Liability and Workers' Compensation insurance
awarded to State National insurance Company in the amoum of $182,580).
Ko
2004-377 - An ordinance approving the expenditure of funds for the purchase of
an iSCO Model 6712 Portable Water Sampler for the Denton Water/Wastewater
Department available from only one source in accordance with the provision for
state law exempting such purchases from requirements of competitive bids; and
providing an effective date (File 3270 - Purchase of Automatic Water Sampler
awarded to Teledyne isco inc. in the amoum of $36,990).
Lo
2004-378 - An ordinance in accordance with the provisions of State law
exempting such purchases from the requiremems of competitive bidding awarding
a comract for purchase of a Caterpillar Model 826 landfill compactor from the
City of DeNon City Council Minutes
December 7, 2004
Page 5
City of Brownwood; providing for the expenditure of funds therefor; and
providing for an effective date (File 3268 - Purchase of Landfill Compactor
awarded to the City of Brownwood, Texas in the amoum of $125,000).
Mo
2004-379 - An ordinance approving an assignmem of leasehold imerest in an
airport lease from Dalton Family Partnership, LTD to Aero Properties of Denton,
LLC; and providing an effective date. (The Airport Advisory Board
recommended approval.)
No
2004-380 - An ordinance approving a Fixed Base Operator airport lease
agreement between the City of Denton and BAM Denton Management Ventures;
and providing an effective date. (The Airport Advisory Board recommended
approval.)
Oo
2004-381 - An ordinance approving a commercial operator airport lease
agreement between the City of Denton, Texas and Beacon Air Service LLC; and
providing an effective date. (The Airport Advisory Board recommended
approval.)
iD,
Approved tax refunds for the following property taxes:
Tax
Name Reason
Year
1. Washington Mutual/John C Richardson Overpaymem 2003
Amount
$ 640.80
Q. Approved enhancemems to the currem City of Demon Utility Bill.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered approval of an ordinance of the
City of Denton, Texas, denying in part CoServ Gas, Ltd.'s request to change rates in Denton,
Texas, establishing maximum permitted rates and charges that CoServ Gas, Ltd. may assess
residemial, commercial and industrial customers in the City of DeNon; requiring the filing of
revised tariffs; adopting declarations and findings related to rates and charges assessed to
residemial, commercial and industrial customers in the City of DeNon; providing for prompt
recovery of rate case expenses incurred by the City; finding that the meeting at which this
Ordinance is passed is open to the public as required by law; providing for notice of this
Ordinance to CoServ Gas, Ltd; providing a severability clause; and providing an effective date.
City Attorney Herb Prouty advised the Council that the time limit for the suspension was
extended for another 30 days and advised the Council to open the public hearing and cominue
the public hearing to the January 4, 2005 meeting.
The Mayor opened the public hearing.
Mulroy motioned, Kamp seconded to continue the public hearing to the January 4, 2005 meeting.
On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye",
Thomson "aye" and Mayor Brock "aye". Motion carried unanimously.
City of DeNon City Council Minutes
December 7, 2004
Page 6
B. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 6.7 acres from Neighborhood Residemial 2 (NR-2) zoning district to
Neighborhood Residemial 4 (NR-4) zoning district with an overlay district. The property was
generally located on the southwest corner of Willowwood Street and McCormick Street. (The
Planning and Zoning Commission recommended approval 7-0). (Z04-0039, Taylor Park of the
Nazarene)
Kelly Carpemer, Director of Planning and Developmem, stated the applicam had requested a
change of zoning from NR-2 to NR-4 with an overlay to allow only churches on the property.
Under the currem zoning district, the maximum lot coverage was thirty percem, which included
parking, structures, and walkways. If rezoned to NR-4, the maximum lot coverage would be
increased to sixty percem. Staff had received six written responses from property owners within
200 feet of the subject site. Three were in opposition, and four were in favor. The main concern
for the neighboring property owners was the increase in traffic.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing.
Mark Ramsay, 825 Sandpiper, Pastor of Taylor Park Church of the Nazarene, in support
The following individuals registered support for the zoning change but did not speak.
Stephen Dudash, 3202 Clydesdale Drive, support
Linda Adcock, 5881 Stone Creek Drive, Sanger, support
Edwards Adcock, 5881 Stone Creek Drive, Sanger, support
Ed Chamberlain, 1804 Boyd, support
Emit Dinwiddie, 1025 Alice, support
David Brown, 2216 Woodbrook, support
Dan Smith, 1517 Willowwood, support
Bruce Chamberlain, 1520 Willowwood, support
Marjorie Chamberlain, 1520 Willowwood, support
Carolyn Brown, 1508 Kendolph, support
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-382
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZON1NG CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
NEIGHBOROOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY
DISTRICT FOR APPROXIMATELY 6.7 ACRES OF LAND LOCATED
GENERALLY ON THE SOUTHWEST CORNER OF WILLOWWOOD
SPREET AND MCCORMICK STREET IN THE CITY OF DENTON, DENTON
City of DeNon City Council Minutes
December 7, 2004
Page 7
COUNTY, TEXAS; SUCH OVERLAY DISTRICT ESTABLISHES
DIFFERENT REGULATIONS THAN WOULD BE NORMALLY PERMITTED
IN THE NR-4 DISTRICT, RESTRICTING PERMITTED USES TO
CHURCHES ONLY; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY
CLAUSE AND EFFECTIVE DATE. (Z04-0039)
McNeill motioned, Redmon seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "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
regarding rezoning of approximately 38 acres of land from Neighborhood Residemial 4 (NR-4),
and Neighborhood Residemial 6 (NR-6) zoning districts to Neighborhood Residemial Mixed Use
(NRMU) zoning district with an overlay district. The property was generally located south of
Ryan Road at Momecito Drive. (The Planning and Zoning recommended approval with
conditions 7-0). (Z04-0042, Lake Forest Good Samaritan Village Twin Homes)
Kelly Carpenter, Director of Planning and Development, stated that the intent of the overlay was
to restrict the uses allowed to elderly housing only and restrict the number of units allowed to
444. The proposed zoning change would permit the expansion of existing senior housing. Staff
had not received any written responses from property owners within 200 feet of the subject site.
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. 2004-383
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZON1NG CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) AND
NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT
CLASSIFICATIONS AND USE DESIGNATIONS TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZON1NG DISTRICT
CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY
DISTRICT, FOR APPROXIMATELY 38 ACRES OF LAND LOCATED
GENERALLY SOUTH OF RYAN ROAD AT MONTECITO DRIVE AND
LEGALLY DESCRIBED AS LOT 1, BLOCK A OF LAKE FOREST GOOD
SAMARITAN VILLAGE IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS, SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT
REGULATIONS THAN WOULD BE NORMALLY PERMITTED IN THE NR-
4 DISTRICT, INCLUDING THE RESTRICTION OF PERMITTED USES TO
ELDERLY HOUSING ONLY, AND THE RESTRICTION OF THE NUMBER
OF PERMITTED UNITS TO 444; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0042)
City of Demon City Council Minutes
December 7, 2004
Page 8
Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
D. The Council held a public hearing to afford the public appropriate notice and
participation for the purpose of commenting on the cable television franchise application filed by
the University of North Texas with the City of Demon.
John Cabrales, Public Information Officer, stated that Charter Communications had notified the
City that UNT had a bid out for a fiber optic network and satellite television service. Staff had
researched the matter and found that if the fiber optics system was used for satellite television
service and any part of the system was in city right-of-ways, UNT would have to apply for a
cable television franchise. Staff had received an application for a cable television franchise from
UNT for dormitories and other university buildings.
Cabrales stated that Charter Communications and Grande Communications were the only cable
television franchisees in Denton.
The Mayor opened the public hearing.
The following individual spoke during the public hearing.
Sharon Wilson, Vice President of Operations for Charter Communications, asked that UNT
adhere to the same requiremems as other cable providers.
The Mayor closed the public hearing.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance authorizing the issuance, sale
and delivery of City of Demon General Obligation Refunding Bonds, Series 2004, approving and
authorizing instruments and procedures relating thereto; and providing an effective date.
Diana Ortiz, Director of Fiscal Operations, stated that these bonds would be used to refund a
portion of the City's outstanding General Obligation Bonds and Certificates of Obligation Bonds
to lower the debt service requirements associated with the debt and pay the cost of issuance of
the bonds.
Dave Medanidch with First Southwest Company stated that the bonds had received an Aa3
rating. He stated that the refunding would save the City $632,398.77 over the life of the bonds
the interest rate would be 3.908%.
Jeffery Rishel with McCall, Parkhurst and Horton presented the Mayor and Council the revised
ordinance.
Council Member Mulroy expressed concern that this information was presented at the last
minute and not included in the agenda backup the Council received on Friday.
City of Demon City Council Minutes
December 7, 2004
Page 9
Ortiz stated that the final numbers for the transaction were not available until Tuesday morning.
The following ordinance was considered:
NO. 2004-384
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY
OF CITY OF DENTON GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2004, LEVYING THE TAX TO PAY SAME, AND APPROVING AND
AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING
THERETO; AND PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance of the City of Demon, Texas
authorizing the formation of a Division of Environmemal Quality within the Water Utilities
Department; pledging that this newly-formed division will serve as the main contact,
coordinator, and source of information concerning Denton's environmental resources; assuring
that the resources of the Division of Environmemal Quality will be directed towards activities
that enhance the City of Denton's responsibility as a steward of the natural environment; and
directing this division to ensure regulatory compliance and conduct related activities that will
provide greater environmental benefits to Denton residents and businesses; authorizing the
expenditure of funds therefor; and providing an effective date. (The Environmemal Committee
recommended approval.) (The Public Utilities Board recommended approval.)
Dr. Kenneth Banks, Water Resource Program Manager, stated that the Environmental
Committee had directed staff to examine ways to effectively address Denton's environmental
management needs. The best option would be the creation of a Division of Environmental
Quality within the Water Utilities Departmem. This Division would serve as the main poim of
contact, coordinator, and mechanism for information exchange concerning issues related to
Denton's environmental resources.
Banks stated that there would be a reorganization of current positions and no additional
personnel was proposed. Banks stated there would be gram funding available for any equipmem
needs.
The following ordinance was considered:
NO. 2004-385
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
FORMATION OF A DIVISION OF ENVIRONMENTAL QUALITY WITHIN
THE WATER UTILITIES DEPARTMENT; PLEDGING THAT THIS NEWLY-
FORMED DIVISION WILL SERVE AS THE MAIN CONTACT,
COORDINATOR, AND SOURCE OF INFORMATION CONCERNING
DENTON'S ENVIRONMENTAL RESOURCES; ASSURING THAT THE
City of DeNon City Council Minutes
December 7, 2004
Page i0
RESOURCES OF THE DIVISION OF ENVIRONMENTAL QUALITY WILL
BE DIRECTED TOWARDS ACTIVITIES THAT ENHANCE THE CITY OF
DENTON'S RESPONSIBILITY AS A STEWARD OF THE NATURAL
ENVIRONMENT; AND DIRECTING THIS DIVISION TO ENSURE
REGULATORY COMPLIANCE AND CONDUCT RELATED ACTIVITIES
THAT WILL PROVIDE GREATER ENVIRONMENTAL BENEFITS TO
DENTON RESIDENTS AND BUSINESSES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROViDiNG AN
EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance of the City of DeNon, Texas
amending the Schedule of Rates comained in Ordinance No. 2003-262 for Electric Service;
adding the provisions of the Residemial Service Rate Schedule (Schedule RES); adding the
provisions of the Residemial Renewable Service Rate Schedule (Schedule RG); amending the
General Service Small Rate (Schedule GSS); adding the provisions of the General Service
Medium Rate Schedule (Schedule GSM); amending the General Service Large Rate (Schedule
GSL); amending the General Service Time of Use Rate (Schedule TGS); amending the
provisions of the Local Governmem Rate (Schedule Gl); amending the provisions of the
Weekend Rate (Schedule WK); amending the provisions of the Athletic Field Rate (Schedule
AF); amending the provisions of the Street Lighting Rate (Schedule LS); amending the
provisions of the Traffic Lighting Rate (Schedule LT); amending the Other Lighting Rate
(Schedule LO); changing the name of the Dusk-to-Dawn Lighting Rate to Security Lighting Rate
and amending the provisions of the Security Lighting Rate (Schedule DD); amending the
provisions of the Temporary Service Schedule (Schedule TL); deleting the reference to
availability of the industrial Developmem Rider by General Service Small Customers (Schedule
iDR); rewording the provisions of the Energy Cost Adjustment Schedule to facilitate the
meaning (schedule ECA); rewording the provisions of the special facilities rider to clarify its
meaning; amending the provisions of the Discount Rider for State Universities and Colleges to
update and clarify the rider; adding the Distributed Generation from Renewable Sources Rider
(Schedule DGR); deleting the provisions of the following schedules: Residemial Service
(Schedule Ri); Residemial Service (Schedule R2); Residemial Time of Use (Schedule TR);
Decorative Ground Lighting (Schedule DGL); imerruptible Primary Service (Schedule Pi);
Standby, Supplememary and Maimenance Service (Schedule ES); and Premium-Efficiency
Motor Rebate (Schedule MTR); authorizing the Assistam City Manager for Utilities to expend
funds to issue rebates to electric customers who are entitled to rebates in accordance with the
terms and provisions of schedule EP; providing for a repealer; providing for a severability
clause; and providing for an effective date. (The Public Utilities Board recommended approval.)
Sharon Mays, Director of Electric Utilities, stated that Denton Municipal Electric's base rates
had not been adjusted since October 1993. DME's base rates cover the cost of construction,
maintenance, and operation of the wires and equipment that delivers energy to customers, meter
reading and billing, DME debt service, and DeMon's TMPA debt responsibilities. Only 2.75
additional employees have been added since 1995 even though there has been a 39% increase in
growth within the city of Demon.
City of DeNon City Council Minutes
December 7, 2004
Page 11
Mays stated that effective January 1, 2005, base rates would increase for Residential, General
Service Small and General Service Large. Effective October 1, 2005, base rates would increase
for Governmem, Temporary Service, Weekend, Athletic Fields, and Lighting. Major changes
included consolidation of Residemial Rate Schedule R-1 and Rate Schedule R-2, elimination of
the exclusion of demand charge for the first 20 kW for all customers in General Service Small
and split the class imo Small General Service - Less than 20 kW and Medium General Service -
20 kW to 225 kW. Under the General Service Large Rate Schedule - replaced the single energy
rate with a two-block declining rate 0-200,000 kWh and greater than 200,000 kWh.
Mays stated they were requesting a 3.5% increase in the rates. The proposed residential rates
would increase a residemial bill a little over $4.00 per momh. Changes also included elimination
of unused and/or out of date rate schedules.
Mays stated a Distributed Generation from Renewable Sources Rate Rider Schedule was added.
The currem fee for disconnection/reconnection due to nonpaymem during regular business hours
was $22.00 and after business hours was $55.00.
The following individuals spoke regarding the item.
Dessie Goodson, 1511 N. Elm Apt 8, stated that the rates were already too high
The following ordinance was considered:
NO. 2004-386
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2003-262 FOR
ELECTRIC SERVICE; ADDING THE PROVISIONS OF THE RESIDENTIAL
SERVICE RATE SCHEDULE (SCHEDULE RES); ADDING THE
PROVISIONS OF THE RESIDENTIAL RENEWABLE SERVICE RATE
SCHEDULE (SCHEDULE RG); AMENDING THE GENERAL SERVICE
SMALL RATE (SCHEDULE GSS); ADDING THE PReViSieNS OF THE
GENERAL SERVICE MEDIUM RATE SCHEDULE (SCHEDULE GSM);
AMENDING THE GENERAL SERVICE LARGE RATE (SCHEDULE GSL);
AMENDING THE GENERAL SERVICE TIME OF USE RATE (SCHEDULE
TGS); AMENDING THE PReViSieNS OF THE LOCAL GOVERNMENT
RATE (SCHEDULE Gl); AMENDING THE PROVISIONS OF THE
WEEKEND RATE (SCHEDULE WK); AMENDING THE PReViSieNS OF
THE ATHLETIC FIELD RATE (SCHEDULE AF); AMENDING THE
PROVISIONS OF THE STREET LIGHTING RATE (SCHEDULE LS);
AMENDING THE PROVISIONS OF THE TRAFFIC LIGHTING RATE
(SCHEDULE LT); AMENDING THE OTHER LIGHTING RATE (SCHEDULE
LO); CHANGING THE NAME OF THE DUSK-TO-DAWN LIGHTING RATE
TO SECURITY LIGHTING RATE AND AMENDING THE PROVISIONS OF
THE SECURITY LiGHTiNG RATE (SCHEDULE DD); AMENDING THE
PROVISIONS OF THE TEMPORARY SERVICE SCHEDULE (SCHEDULE
TL); DELETING THE REFERENCE TO AVAILABILITY OF THE
INDUSTRIAL DEVELOPMENT RIDER BY GENERAL SERVICE SMALL
City of DeNon City Council Minutes
December 7, 2004
Page 12
CUSTOMERS (SCHEDULE iDR); REWORDING THE PROVISIONS OF THE
ENERGY COST ADJUSTMENT SCHEDULE TO FACILITATE THE
MEANING (SCHEDULE ECA); REWORDING THE PROViSiONS OF THE
SPECIAL FACILITIES RIDER TO CLARIFY ITS MEANING; AMENDING
THE PROVISIONS OF THE DISCOUNT RIDER FOR STATE UNIVERSITIES
AND COLLEGES TO UPDATE AND CLARIFY THE RIDER; ADDING THE
DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER
(SCHEDULE DGR); DELETING THE PROViSiONS OF THE FOLLOWING
SCHEDULES: RESiDENTiAL SERVICE (SCHEDULE Ri); RESiDENTiAL
SERVICE (SCHEDULE R2); RESiDENTiAL TiME OF USE (SCHEDULE
TR); DECORATIVE GROUND LIGHTING (SCHEDULE DGL);
iNTERRUPTiBLE PRIMARY SERVICE (SCHEDULE Pi); STANDBY,
SUPPLEMENTARY AND MAINTENANCE SERVICE (SCHEDULE ES);
AND PREMiUM-EFFiCiENCY MOTOR REBATE (SCHEDULE MTR);
AUTHORIZING THE ASSISTANT CITY MANAGER FOR UTILITIES TO
EXPEND FUNDS TO ISSUE REBATES TO ELECTRIC CUSTOMERS WHO
ARE ENTITLED TO REBATES IN ACCORDANCE WITH THE TERMS AND
PROVISIONS OF SCHEDULE EP; PROVIDING FOR A REPEALER;
PROVIDING FOR A SEVERABiLiTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "nay", Thomson "aye" and Mayor Brock
"aye". Motion carried 6-i.
D. The Council considered adoption of an ordinance of the City of DeNon, Texas
providing for the amendmem of the Schedule of Miscellaneous Fees, Service Charges, Deposits,
Billings and Procedures for Administrative Services to city customers and taxpayers comained in
Ordinance No. 2004-259; providing for an increase in the delinquem service charge (when
service is disconnected at the meter socket); providing for an increase in the reconnect charge
after business hours (when service is disconnected at the meter socket); providing for a new
return trip charge to reconnect service during business hours; providing for a new return trip
charge after business hours to reconnect service; providing for a repealer; providing for a
severability clause; and providing for an effective date. (The Public Utilities Board
recommended approval.)
The following ordinance was considered:
NO. 2004-387
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR
THE AMENDMENT OF THE SCHEDULE OF MISCELLANEOUS FEES,
SERVICE CHARGES, DEPOSITS, BILLINGS AND PROCEDURES FOR
ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND TAXPAYERS
CONTAINED IN ORDINANCE NO. 2004-259; PROVIDING FOR AN
iNCREASE iN THE DELINQUENT SERVICE CHARGE (WHEN SERVICE iS
DISCONNECTED AT THE METER SOCKET); PROVIDING FOR AN
INCREASE IN THE RECONNECT CHARGE AFTER BUSINESS HOURS
City of Demon City Council Minutes
December 7, 2004
Page 13
(WHEN SERVICE IS DISCONNECTED AT THE METER SOCKET);
PROVIDING FOR A NEW RETURN TRIP CHARGE TO RECONNECT
SERVICE DUR1NG BUSINESS HOURS; PROVIDING FOR A NEW RETURN
TRIP CHARGE AFTER BUS1NESS HOURS TO RECONNECT SERVICE;
PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "nay", Thomson "aye" and Mayor Brock
"aye". Motion carried 6-1.
E. The Council considered adoption of an ordinance of the City Council of the City
of Denton, Texas, on first reading, authorizing the City Manager or his designee to execute a
one-year extension to the Interim Grant of Authority with Grande Communications Networks,
Inc., formerly Denton Telecom Partners I, L.P. d/b/a Advantex Communications; and providing
an effective date.
John Cabrales, Public Information Officer, stated that the one-year extension of the Interim
Grant of Authority would allow staff time to visit with Robson Ranch residents to determine if
any cable issues needed to be addressed with Grande Communications during renewal
negotiations of the franchise.
The following ordinance was considered:
FIRST READING
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, ON FIRST READING, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A ONE-YEAR EXTENSION TO THE
INTERIM GRANT OF AUTHORITY WITH GRANDE COMMUNICATIONS
NETWORKS, INC., FORMERLY DENTON TELECOM PARTNERS I, L.P.
D/B/A ADVANTEX COMMUNICATIONS; AND PROVIDING AN
EFFECTIVE DATE
Montgomery motioned, Mulroy seconded to adopt the ordinance on first reading. On roll vote,
Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye"
and Mayor Brock "aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance accepting competitive bids and
awarding a comract for purchase of two Bomb Technician Response Vehicles for the City of
Denton Fire Department; providing for the expenditure of funds therefor; and providing for an
effective date (Bid 3248 - Bomb Technician Response Vehicle awarded to Sam Pack's Five Star
Ford in the amoum of $81,051.06).
Rick Jones, Fire Marshal, stated that the two vehicles would be use to transport the bomb
technician and equipment to emergency incidents. This would be funded from the 2004 State
Homeland Security Gram Program.
City of DeNon City Council Minutes
December 7, 2004
Page 14
The following ordinance was considered:
NO. 2004-388
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR PURCHASE OF TWO BOMB TECHNICIAN RESPONSE
VEHICLES FOR THE CITY OF DENTON FIRE DEPARTMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE (BID 3248 - BOMB TECHNICIAN
RESPONSE VEHICLE AWARDED TO SAM PACK'S FIVE STAR FORD IN
THE AMOUNT OF $81,051.06).
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
G. The Council considered adoption of an ordinance of the City of DeNon, Texas,
amending the Code of Ordinances of the City of DeNon, by amending Chapter 18 to add Article
IX Automated Traffic Signal Enforcemem; providing a repealing clause; providing a severability
clause; providing for the imposition of civil penalties from a minimum of $75 to a maximum of
$150 for third and subsequem offenses; and providing an effective date.
Scott Fletcher, Lieutenant in the Denton Police Department, stated that this ordinance would
establish the use of automated red light cameras for enforcemem. Then the City could begin the
process of evaluating prospective vendors of automated red light camera systems.
The following ordinance was considered:
NO. 2004-389
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DENTON, BY AMENDING
CHAPTER 18 TO ADD ARTICLE IX AUTOMATED TRAFFIC SIGNAL
ENFORCEMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR THE IMPOSITION OF CIVIL
PENALTIES FROM A MINIMUM OF $75 TO A MAXIMUM OF $150 FOR
THIRD AND SUBSEQUENT OFFENSES; AND PROVIDING AN
EFFECTIVE DATE.
Redmon motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
H. Consider nominations/appoimmems to the City's Boards and Commissions.
Thomson motioned, Mulroy seconded to approve the prior nomination of Ann Barnett to the
Traffic Safety Commission. On roll vote, Kamp "aye", McNeill "aye", Momgomery "aye",
City of Demon City Council Minutes
December 7, 2004
Page 15
Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
Council Member Kamp nominated Charlye Heggins to the Community Development Advisory
Committee.
Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Peternia Washington regarding the Campus Theater and free utility
service.
Ms. Washington, 618 E Prairie, expressed concerns with the Campus Theater utilities.
B. Ed Soph regarding community concerns.
Ms. Soph, 1620 Victoria Drive, praised the Council for approving the ordinance for the
Environmemal Quality Division. He expressed concerns about environmemal issues in
particular Acme Brick and Safety Kleen.
C. Suzanne Gauvreau regarding toxic waste and health.
Ed Soph read a statement from Ms. Gauvreau. She expressed concerns about the increasing risk
of breast cancer and possible links with hazardous and toxic wastes.
J. New Business
Council Member McNeill asked that staff review the proposal by the Denton Housing Coalition
on whether those items were feasible or possible.
Council Member Mulroy expressed concern that information was presented at the last minute
and asked if there was a better way for information to be handed to the Council during a meeting.
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.
Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no Closed Session at this meeting.
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.
City of Demon City Council Minutes
December 7, 2004
Page 16
With no further business, the meeting was adjourned at 8:50 p.m.
JANE RICHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
January 4, 2005
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 4, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Pro Tem McNeill; Council Members Montgomery, Mulroy, Redmon and
Thomson.
ABSENT: Mayor Brock and Council Member Kamp
1. The Council received a report, held a discussion, and gave staff direction regarding an
application for street right-of-way abandonment for a section of First Street, submitted by
Abraham and Tori Nayfa, adjacent property owners.
Kelly Carpenter, Director of Planning and Development, presented the details of the case. She
indicated that staff had met several times with various agents for the Nayfa's over the last year
discussing a wide range of legal issues and development issues. The purpose of the meetings
was to attempt to resolve the applicant's lot size issue with the applicant attributed to the
existence of the city-owned right-of-way. The a,PthPlicant filed a request to vacate right-of-way to
solve his perceived lot size On December 28 , the Nayfas informed staff that upon further
review their building footprint would work within their existing property boundary and that they
were withdrawing their request to the city for right-of-way abandonment. The Council had
requested a review of the timetable for the request for right-of-way abandonment and the policies
and procedures for abandonment of right-of-way. Ms. Carpenter stated that procedures/policies
for abandonment were not in the Development Code or Criteria Manual. Standard questions
were in place that were used to review requests for abandonment but were not formally part of
the Code and there was no application form at this time.
Council discussion included:
Types of rights-of-way-easements versus rights-of-way.
Consideration if granting this request would be setting a precedence for allowing
a change in design standards.
Fee simple versus easement or right-of-way.
Consensus of the Council was to work to be more proactive in dealing with applicants, copy the
owner on communications with agents when discussing proposals, formalize procedures for
abandonment of right-of-way easements and explore a policy issue regarding deeded right-of-
way.
2. The Council received a report and held a discussion on residential solid waste garbage
and yard waste bags.
Vance Kemler, Director of Solid Waste, presented details on refuse and yard waste bag selection.
Twice a week collection with yellow and clear bags was provided to bag customers with cart
refuse service being provided only the clear bags. Yard waste service bags and stacked brush was
collected once per week. Last year during budget discussions the Public Utilities Board
reviewed bag issues relative to low yard waste diversion. Large amounts of yard waste were
contaminating the landfill disposal. A procedure was suggested to help make debagging yard
waste at the curb as easy as possible to increase waste diversion and compost production. It was
City of DeNon City Council Minutes
January 4, 2005
Page 2
determined that debagging the black bags at the curb was not viable. The Public Utilities Board
also looked a safety feature as overloaded black bags produced increased injury rates and
prohibited and unsafe waste was concealed in the black bags. Customers also complained that
the black bags were too big for household containers. As a product enhancement, alternate bags
with a bottom seal style and top closure method was considered to increase the useable bag
capacity. Clear bags were instituted for household waste in order to view coNeNs and assure
that there was no contamination with yard waste. The objective of using a clear refuse bag was to
be able to view the contents of the bag without opening the bag. Kemler demonstrated the
various types of bags and how the size of the new bags was similar to the previously used bags.
Council discussed complains they had received regarding the new bags, the possibility of
instituting an educational process on the correct usage of the bags, why the City was providing
bags for only 32% of the customers, how changes in the market and pricing of the bags may
require a re-evaluation of the policy of bag distribution, a consideration of distributing the clear
bags when picking up trash on regular days and consideration of the impact on the senior
community when thinking about moving to complete cart service instead of bag service.
3. The Council received a report, held a discussion and gave staff direction concerning the
establishment of speed limits on Texas Department of Transportation roadways.
Jon Fortune, Assistant City Manager, stated that TxDOT periodically performed speed limit
studies on all of its highways, including those in the City limits. Because it had been several
years since the last speed survey within the City, TxDOT resurveyed all of the TxDOT roadways
in the city and provided updated speed zone recommendations for consideration and approval.
There were a number of disagreemeNs between City staff and TxDot staff about the proposed
speed limits on various portions of these roadways. Because of the prolonged negotiations with
city staff without resolution, TxDOT was considering passing a minute order by the Texas
Transportation Commission as a means to establish the speed limits without city involvement.
Fortune reviewed a summary on the proposed speed limit changes on the various roadways as
noted in the agenda backup materials.
After discussion on the proposed speed limits on the various roadways and the process needed to
appeal the TxDOT proposed speed limits, consensus of the Council was to bring ordinances
forward to implement speed control changes on the noted roads except for Airport Road,
Country Club Road, the north end of Teasley Lane and west US 380. These areas needed to be
further explored. A report from the Police Department regarding speed limit recommendations
would also be provided.
4. The Council received a report, held a discussion and gave staff direction concerning tax-
exempt properties within the City of Denton, including but not limited to legislative issues for
the 79th Texas Legislature.
John Cabrales, Public Information Officer, and Dottie Palumbo AssistaN City Attorney,
presented the background information on this item. There were numerous tax-exempt properties
within Denton's city limits that impacted Denton's tax base. Information was being prepared for
future visits with state and federal legislators regarding Denton's large amount of tax-exempt
property.
City of DeNon City Council Minutes
January 4, 2005
Page 3
Council requested that a database be prepared indicating the value of improvements to tax-
exempt properties and look at city services provided versus the value of improvements to these
properties.
5. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for January 4, 2005.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below.
1. Closed Meeting:
mo
Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section
551.071.
Discussed and considered legal issues concerning the cable franchise
agreement with the University of North Texas to construct, reconstruct,
operate and maimain a Cable Television System in the City of DeNon,
where to discuss these legal issues concerning the above stated matters
with the attorneys in public would conflict with the duty of the City's
attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas and would jeopardize the
City's position in administrative proceedings or in potential litigation.
Regular Meeting of the City of DeNon City Council on Tuesday, January 4, 2005 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
There were no proclamation, presentation or recognition of staff accomplishments.
3. CONSENT AGENDA
Mayor Pro Tem McNeill noted that Items E, F and G would not be considered at this meeting.
Montgomery motioned, Mulroy seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, McNeill "aye", Momgomery "aye", Mulroy "aye", Redmon "aye", and
Thomson "aye". Motion carried unanimously.
mo
2005-001 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of aquatic chemicals for the City of Denton Parks
Departmem; providing for the expenditure of funds therefore; and providing an
City of DeNon City Council Minutes
January 4, 2005
Page 4
effective date (Bid 3265 - Annual Contract for Aquatic Chemicals awarded to the
lowest responsible bidder for each item in the estimated amoum of $70,000).
Bo
2005-002 - An ordinance accepting competitive bids by way of an Imerlocal
Agreement with the Tarrant County and awarding a contract for the purchase of
emergency vehicle lighting equipmem; providing for the expenditure of funds
therefore; and providing an effective date (File 3284 - Imerlocal Agreemem for
Emergency Vehicle Light Bars with Tarrant County, contract awarded to
Emergency Vehicle Equipmem Co. in the amoum of $29,483.16).
Co
2005-003 - An ordinance accepting competitive bids and awarding a public works
comract for the plugging and abandoning of water wells for the City of DeNon;
providing for the expenditure of funds therefore; and providing an effective date
(Bid 3222 - Plugging and Abandoning of Water Wells #2, 7, 11 and 12 awarded
to L.H. Environmemal Consulting in the amoum of $92,000). The Public Utilities
Board recommended approval (6-0).
Do
2005-004 - An ordinance accepting competitive bids and awarding a comract for
purchase of furniture for the Civic Cemer and Emily Fowler Library Renovation
Project; providing for the expenditure of funds therefore; and providing for an
effective date (Bid 3223 - Civic Cemer and Emily Fowler Library Furniture
awarded to the lowest responsible bidder for each section by manufacturer in the
amoum of $226,205.90).
mo
This item was not considered - an Imerlocal Ambulance Agreemem between the
City of DeNon and the City of Ponder for ambulance service.
Fo
This item was not considered - an Interlocal Fire Protection Agreement between
the City of Denton and Denton County for fire protection services.
Go
This item was not considered - an Imerlocal Ambulance Agreemem between the
City of DeNon and DeNon County for ambulance services.
Ho
2005-005 - An ordinance of the City of DeNon abandoning and vacating a 0.322-
acre street right-of-way easement tract and a 0.126-acre utility easement tract,
both dedicated to the City of Denton, Texas by the Dreamland Addition plat,
recorded in Volume 6, Page 12 of the Plat Records of Denton County, Texas; and
providing an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
concerning the Alternative Development Plan for approximately 0.506 acres of land located in a
Community Mixed Use General (CM-G) zoning district. The proposed site was generally
located on the east side of Woodrow Lane, approximately 700 feet south of McKinney Street.
The Planning and Zoning Commission recommended approval (5-0). (,4DP04-0005, Office
Building for William Mitchell)
City of DeNon City Council Minutes
January 4, 2005
Page 5
Kelly Carpemer, Director of Planning and Developmem Services, stated that the applicam
requested an Alternative Developmem Plan to allow for parking to be located between the
building and Woodrow Lane. The Developmem Code did not allow parking between the
building and the street. In exchange for approval of the Alternative Developmem Plan,
additional landscaping and a decorative wall along Woodrow Lane would be installed. The
imem was to preserve the character of the existing neighborhood. The proposed use of the site
was offices for the surrounding judicial uses in the neighborhood. The Planning and Zoning
Commission and staff recommended approval.
The Mayor Pro Tem opened the public hearing.
Russell Bates spoke in favor of the proposal. He indicated that there would be a shared access
easemem with the adjacem property thus reducing the number of driveways in the area for better
traffic flow.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
No. 2005-006
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 0.506 ACRE OF
LAND GENERALLY LOCATED ADJACENT TO THE EAST RIGHT-OF-WAY
LINE OF WOODROW LANE, APPROXIMATELY 700 FEET SOUTH OF
MCKINNEY STREET IN THE J. BROCK SURVEY, ABSTRACT NO. 55 IN THE
CITY OF DENTON, DENTON, COUNTY, TEXAS; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP04-0005)
Mulroy motioned, Momgomery seconded to adopt the ordinance. On roll vote, McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 35 acres from a Planned Developmem 120 (PD-120)
zoning district to a Neighborhood Residemial 4 (NR-4) zoning district. The property was
generally located on the south side of Loop 288, on the east side of Nicosia Street. The Planning
and Zoning Commission recommended approval (5-0). (Z04-0026, Northpointe Addition)
Kelly Carpemer, Director of Planning and Developmem Services, stated that the applicam was
requesting to rezone two tracts of land from retail/office to NR-4 in order to develop single-
family uses. Staff and the Planning and Zoning Commission recommended approval.
The Mayor Pro Tem opened the public hearing.
City of Demon City Council Minutes
January 4, 2005
Page 6
Wes Morrison, representing the applicant, stated that a neighborhood meeting was held on
November 2nd and based on concerns expressed by the neighbors at that meeting, the original
request was to amended to exclude the southern portion at this time.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2005-007
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE OF APPROXIMATELY 35 ACRES FROM A PLANNED
DEVELOPMENT 120 (PD-120) ZONING DISTRICT TO A NEIGHBORHOOD
RESIDENTIAL 4 (NR-4) ZONING DISTRICT FOR PROPERTY GENERALLY
LOCATED ADJACENT TO THE SOUTH SIDE OF LOOP 288 AND THE EAST SIDE
OF NICOSIA STREET IN THE T. TOBY SURVEY, ABSTRACT NO. 1288, IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0026)
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried
unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
concerning the rezoning of approximately 14.60 acres of land from Neighborhood Residemial 2
(NR-2) zoning district to Neighborhood Residemial 4 (NR-4) zoning district. The property was
generally located on the northwest corner of Windsor and Westgate. The Planning and Zoning
Commission recommended approval (5-0). (Z04-0044, Westglen Phase 1 and 2)
Kelly Carpenter, Director of Planning and Development Services, detailed the location of the
site. It was felt that rezoning of the property would allow for a smoother transition from the
mixed use zoning to the NR-2 zoning on Windsor at Westgate.
The Mayor Pro Tem opened public hearing.
Lee Allison, representing applicant, detailed the proposal.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2005-008
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE
City of DeNon City Council Minutes
January 4, 2005
Page 7
DESIGNATION FOR APPROXIMATELY 14.60 ACRES OF LAND GENERALLY
WRAPPING AROUND THE NORTHWEST CORNER OF WINDSOR STREET AND
WESTGATE DRIVE IN THE F. BATSON SURVEY, ABSTRACT NO. 43 IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0044)
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried
unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
graining approval of a sub-surface use of a portion of the Pebble Brook Open Space Park for the
purpose of a public utility easemem in accordance with Chapter 26 of the Texas Parks and
Wildlife Code; providing for a public utility easemem; and providing an effective date. The
Parks Board recommended approval.
Bob Tickner, Superintendent of Parks, stated that public land designated and used as a park may
be used for a non-park purpose if the City Council found after notice and hearing that there were
no feasible alternatives to the use of such land for the proposed project. DeNon Municipal
Utilities had requested the use of parkland in order to relocate utilities for the reconstruction of
Loop 288.
The Mayor Pro Tem opened the public hearing.
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 2005-009
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A
PORTION OF THE PEBBLE BROOK OPEN SPACE PARK FOR THE PURPOSE OF
A PUBLIC UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY
EASEMENT; AND PROVIDING AN EFFECTIVE DATE.
Redmon motioned, Mulroy seconded to adopt the ordinance. On roll vote, McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried
unanimously.
E. The Council was to cominue a public hearing and consider approval of an
ordinance of the City of Denton, Texas, denying in part CoServ Gas, Ltd.'s request to change
rates in Denton, Texas, establishing maximum permitted rates and charges that CoServ Gas, Ltd.
may assess residemial, commercial and industrial customers in the City of DeNon; requiring the
filing of revised tariffs; adopting declarations and findings related to rates and charges assessed
City of DeNon City Council Minutes
January 4, 2005
Page 8
to residemial, commercial and industrial customers in the City of DeNon; providing for prompt
recovery of rate case expenses incurred by the City; finding that the meeting at which this
Ordinance is passed is open to the public as required by law; providing for notice of this
Ordinance to CoServ Gas, Ltd; providing a severability clause; and providing an effective date.
The Mayor Pro Tem opened public hearing.
City Attorney Prouty suggested that the public hearing be continued to the January 18, 2005
meeting as both sides were continuing to work out the details.
Mulroy motioned, Montgomery seconded to continue the public hearing to the January 18, 2005
meeting. On roll vote, McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and
Thomson "aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City Council of the City
of DeNon, Texas, on second reading, authorizing the City Manager or his designee to execute a
one-year extension to the Interim Grant of Authority with Grande Communications, formerly
Denton Telecom Partners I, L.P. d/b/a Advantex Communications; and providing an effective
date.
The following ordinance was considered:
NO. 2005-010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
ON SECOND READING, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A ONE-YEAR EXTENSION TO THE INTERIM GRANT
OF AUTHORITY WITH GRANDE COMMUNICATIONS, FORMERLY DENTON
TELECOM PARTNERS I, L.P. D/B/A ADVANTEX COMMUNICATIONS; AND
PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance accepting competitive bids by
way of an Interlocal Agreement with the City of Carrollton and awarding a contract for the
purchase of police motorcycles; providing for the expenditure of funds therefore; and providing
an effective date (File 3277 - Imerlocal Agreemem for Police Motorcycles with the City of
Carrollton, comract awarded to Renegade Harley Davidson in the amoum of $35,190).
Chief Wiley stated that two additional police motorcycles would be added in order to enhance
traffic safety in city.
The following ordinance was considered:
City of DeNon City Council Minutes
January 4, 2005
Page 9
NO. 2005-011
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF CARROLLTON AND
AWARD1NG A CONTRACT FOR THE PURCHASE OF POLICE MOTORCYCLES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (FILE 3277 - INTERLOCAL AGREEMENT
FOR POLICE MOTORCYCLES WITH THE CITY OF CARROLLTON, CONTRACT
AWARDED TO RENEGADE HARLEY DAVIDSON IN THE AMOUNT OF $35,190).
Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance awarding a contract under the
Texas Multiple Award Schedule (TXMAS) program for the purchase of a Mobile Tactical
Command Center as awarded by the State of Texas Building and Procurement Commission
(Comract TXMAS-4-23V020); providing for the expenditure of funds therefore; and providing
an effective date (File 3280 - Mobile Tactical Command Cemer awarded to Martin Apparatus in
the amount of $155,224).
The following ordinance was considered:
NO. 205-012
AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE
AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF A MOBILE
TACTICAL COMMAND CENTER AS AWARDED BY THE STATE OF TEXAS
BUILD1NG AND PROCUREMENT COMMISSION (CONTRACT TXMAS-4-
23V020); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (FILE 3280 - MOBILE TACTICAL
COMMAND CENTER AWARDED TO MARTIN APPARATUS IN THE AMOUNT
OF $155,224).
Redmon motioned, Mulroy seconded to adopt the ordinance. On roll vote, McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance of the City of DeNon, Texas
authorizing the City Manager to execute on behalf of the City of DeNon an Airport Project
Participation Agreement with the Texas Department of Transportation relating to certain
improvements at the Denton Municipal Airport; authorizing and directing the City Manager or
his designee to expend funds as provided for in said agreemem and to execute documems on
behalf of the City of DeNon in order to implemem the project; and providing an effective date.
The Airport Advisory Board recommended approval (7-0).
Mark Nelson, Director of Airport and Transit Operations, stated that this proposal would allow
TxDOT and the City to enter into a formal agreement for the runway extension to include
engineering, design, and land acquisition for project with a 90-10 match.
City of Demon City Council Minutes
January 4, 2005
Page 10
The following ordinance was considered:
NO. 2005-013
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO CERTAIN IMPROVEMENTS AT THE
DENTON MUNICIPAL AIRPORT; AUTHORIZING AND DIRECTING THE CITY
MANAGER OR HIS DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID
AGREEMENT AND TO EXECUTE DOCUMENTS ON BEHALF OF THE CITY OF
DENTON IN ORDER TO IMPLEMENT THE PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye".
Motion carried unanimously.
E. The Council considered adoption of an ordinance of the City of Demon, Texas,
amending Ordinance No. 2004-001 prescribing the number of positions in each classification of
Police Officer; prescribing the number of positions in each classification of Fire Fighter;
providing a savings clause; providing a severability clause; and declaring an effective date.
Chief Chadwick stated that Civil Service law required jurisdictions with Civil Service employees
to officially authorize their exact number of Civil Service employees. Since approval of this
ordinance last year, both the Fire Department and Police Department had made changes in their
authorized positions.
The following ordinance was considered:
NO. 2005-014
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 2004-001 PRESCRIBING THE NUMBER OF POSITIONS IN EACH
CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF
POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING
AN EFFECTIVE DATE.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, McNeill "aye",
Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried
unanimously.
F. The Council considered nominations/appoimmems to the City's Boards and
Commissions.
Council Member Redmon did not have a nomination to the Planning and Zoning Commission.
City of DeNon City Council Minutes
January 4, 2005
Page 11
Thomson motioned, Montgomery seconded to approve the nomination made at the last meeting
of Charlye Heggins to the Community Developmem Advisory Committee. On roll vote, McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried
unanimously.
Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Derv Hudgens regarding inability to get a building permit in the
city of DeNon.
Mr. Hudgens presemed a history of the purchase of his property. He had been working with the
city on a curb cut for his developmem and had not been able to get the curb cut he felt he needed.
He was still asking for a building permit.
B. Dessie Goodson regarding responsibility.
Ms. Goodson was not present at the meeting.
New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
There were no Items of New Business suggested by Council.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
There were no items presented.
J. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no cominuation of the Closed Meeting.
K. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action taken on Closed Meeting Items.
With no further business, the meeting was adjourned at 7:45 p.m.
PERRY MCNEILL
MAYOR PRO TEM
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
January 5, 2005
Joim Meeting of the City of Demon City Council and the Airport Advisory Board on
Wednesday, January 5, 2005 at 11:30 a.m. in the City Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem McNeill; Council Members Montgomery, Mulroy,
and Thomson.
ABSENT: Council Member Redmon and Kamp
1. The Council held a discussion and provided direction to staff and the Airport Board
regarding the role of the Board. The discussion included but was not limited to understanding
the Board's role, handling board recommendations, discussing the Council's vision for the
Denton Municipal Airport and the Board's role in that vision, including airport growth and
development, budget matters, Board rules and procedures, appointment, duties, and the overall
operation of the Airport, and matters related thereto.
Mark Nelson, Director of Airport and Transit Operations, presented the City Council outcome
statement relative to the airport. He showed slides of the airport development and the types of
enterprises at the airport.
Council discussion included:
Economic development at the Airport - staff was working with the Economic
Development Department to assist developers with lease incentives and the Board
was working with staff to develop standards for such.
2004 was a transition year at the Airport with great new employees, long-term
employees retiring, and the building of the tower.
A future goal was to have a radar connection at the Airport - staff would work
with Congressman Burgess' office to help get that located at the airport and this
request would be included in the City's legislative agenda.
Staff was in the process of developing a booklet on how to build at the Airport - a
who what when where guide for development at the airport. Staff was also
working on a brochure guide for aircraft hanger construction. This was a user-
friendly version of the existing adopted codes that would also be available on-
line.
The gas wells at the Airport were producing well - a caution to Council that this
would not be a reoccurring revenue source and to not count this revenue towards
operational expenses. It was suggested that those funds be put in special fund in
order to take advantage of special situations. Consensus of Council to use those
funds for contingency funds or one-time special expenditures at the Airport and to
not use them for operational expenses. A suggestion was to use some of those
funds for radar equipmem if desired.
Capital improvemems at the Airport included the need to keep the area mowed to
keep birds out of the area and the building of a terminal.
City of Demon City Council Minutes
January 5, 2005
Page 2
Council requested that the Board be responsible to draft rules of procedure
relative to conflict of interest - develop guidelines that might include that the
Board did not run the Airport, it provided advice and assistance only. The Board
was to develop guidelines and presem those to Council.
Consider renaming the Airport - not use "municipal" but keep Demon in the
name.
The reputation of the Airport in the region was good - a friendly tower and swift
refueling.
Staffwas working on an infrastructure master plan study at the Airport.
With no further business, the meeting was adjourned 1:15 p.m.
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
February 1, 2005
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
SUBJECT
Consider adoption of an ordinance of the City Council of the City of DeNon, Texas approving
the terms and conditions of an interlocal agreement between the Region IV Education Service
Cemer, which sponsors the Texas Cooperative Purchasing Network (TCPN); providing for a
cooperative purchasing program for goods and services; designating Tom D. Shaw, C.P.M.,
Purchasing Agent, as official representative of the City of Denton relating to the program; and
providing an effective date (File 3292- Texas Cooperative Purchasing Network).
BACKGROUND
The Interlocal Cooperative Act, V.T.C.A. Government Code Chapter 791, authorizes respective
participating governments to enter into joint contracts and agreements for the purchase of
necessary materials, supplies and services.
Over the past several years, the City of Denton and other entities have entered into cooperative
purchasing agreements that have been highly beneficial to the taxpayers through anticipated
savings. The Agreement is an authorization to participate in contracts awarded by the Texas
Cooperative Purchasing Network for various goods and services. Any acquisition exceeding
$25,000 will be presemed to Council for approval, prior to issuing a purchase order.
ESTIMATED SCHEDULE OF PROJECT
This Agreemem is effective upon approval by the City of DeNon City Council and will remain
in effect umil terminated by either party.
RECOMMENDATION
Approve the interlocal agreement between the City of Denton and the Texas Cooperative
Purchasing Network.
PRINCIPAL PLACE OF BUSINESS
Texas Cooperative Purchasing Network
Austin, TX
Agenda Information Sheet
February 1, 2005
Page 2
FISCAL INFORMATION
Each acquisition, based on this Agreemem, will follow the City of DeNon fiscal verification
policy and be charged to the appropriate budget account.
AGREEMENT INFORMATION
This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and
services competitively bid by Texas Cooperative Purchasing Network. In the past, we have
purchased such items as police sedans, tires, corrugated metal pipe, lubricams, oils, road
materials and other supplies from similar agreements.
The bid process followed by Texas Cooperative Purchasing Network meets all State bidding
requirements and bid opportunities are extended to all manufacturers and suppliers statewide.
Designed in cooperation with an Advisory Board of local governmem purchasing officials,
Texas Cooperative Purchasing Network pools the purchasing power of public agencies, achieves
bulk volume discoums on behalf of public agencies, competitively solicits quality products
through a lead public agency and provides a purchasing forum for public agencies statewide.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AlS-File 3292-Texas Cooperative Purchasing Network Agree~nent
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL
AGREEMENT BETWEEN THE REGION IV EDUCATION SERVICE CENTER,
WHICH SPONSORS THE COOPERATIVE PURCHASING NETWORK (TCPN),
PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS
AND SERVICES; DESIGNATING TOM D. SHAW, C.P.M., PURCHASING AGENT,
AS OFFICIAL REPRESENTATIVE OF THE CITY OF DENTON RELATING TO
THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton has been presented a
proposed Interlocal Agreement by and between the Region IV Education Service Center,
which sponsors The Cooperative Purchasing Network and the City of Denton, a copy of
which is attached hereto and made a part hereof by reference (the
"Interlocal Agreement"); and
WHEREAS, the City Council finds that the Interlocat Agreement is in the public
interest; and
WHEREAS, the City of Denton of Denton, Texas, pursuant to the authority
granted under Sections 271.101 to 271.102 of the Local Government Code, desires to
participate in the described purchasing program sponsored by the Region IV Education
Service Center which is known as The Cooperative Purchasing Network, and in the
opinion that participation in this program will be highly beneficial to the taxpayers
through the anticipated savings to be realized; 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 hereby approves the Interlocal Agreement. The
City Manager, or his designee, is authorized to execute the Agreement on behalf of the
City.
SECTION 3. The Purchasing Agent of the City of Denton, Tom D. Shaw,
C.P.M., and his successor or designee under the direction of the City Council of the City
of Denton is hereby designated to act for the City of Denton in all matters relating to The
Cooperative Purchasing Network including the designation of specific contracts in which
the City of Denton desires to participate.
SECTION4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of ., 2005.
EULi'NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
By: ~ ~ ~ ~-
(/
Page 2
INTERLOCAL AGREEMENT
Region IV Education Service Center
Contracting Parties
__City of Denton
Public Entity
Denton
County-District Number
Region IV Education Service Center
101 - 950
County-District Number
This agreement is effective and shall be automatically renewed unless either
party gives sixty (60) days prior written notice of non-renewal. This agreement may be
terminated with or without cause by either party upon (60) days prior written notice, or may also
be terminated for cause at anytime upon written notice stating the reason for and effective date of
such terminations and after giving the affected party a thirty (30) day period to cure any breach.
Statement of Services to be Performed:
Authority for such services is granted under Government Code, Title 7, Chapter 791 Interlocal
Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8,
Chapter 271, Subchapter F, Section 271.101 and Section 271.102. The purpose of this
cooperative is to obtain substantial savings for member school districts and public entities
through volume purchasing.
Role of the Purchasing Cooperative
1. Provide for the organizational and administrative structure of the program.
2. Provide stafftime necessary for efficient operation of the program.
3. Receive quantity requests from entities and prepare appropriate tally of quantities.
4. Initiate and implement activities related to the bidding and vendors selection process.
5. Provide members with procedures for ordering, delivery, and billing.
Role of the Member School District or Public Entity:
Commitment to participate in the program as indicated by an authorized signature in the
appropriate space below.
2. Designate a contact person for the cooperative.
Commit to purchase products and services that become part of the official products and
services list when it is in the best interest of the member entity.
Prepare purchase orders issued to the appropriate vendor from the official award list
provided by the Purchasing Cooperative.
Accept shipments of products ordered from vendors in accordance with standard
purchasing procedures.
Pay vendors in a timely manner for all goods and services received.
Revised 05/04 (QP134-MEM1 Rev. 0)
Authorization:
Region IV Education Service Cemer and The Cooperative Purchasing Network (TCPN)
executed a contract to provide cooperative purchasing opportunities to school districts and public
entities.
Please send a signed Imerlocal Agreemem to Region IV ESC, Attn: TCPN, 7145 W. Tidwell,
Houston, TX 77092-2096.
City of Denton
Center
Region IV Education Service
By By
Authorized Signature
Authorized Signature
__City Manager
Title
Managing Director, Financial Services__
Title
Date Date
Tom D. Shaw, C.P.M.
Contact Person
Stuart Verdon-Director-TCPN
Contact Person
Purchasing Agem
Title of Comact
__(713)-744-8115
Telephone Number
901-B Texas Street
Street Address
DeNon, TX 76208
City, State Zip
940-349-7100
Contact's Telephone Number
__Tom. Shaw~cityofdemon.com
E-mail Address
sverdon~esc4.net
E-mail Address
Revised 05/04 (QP134-MEM1 Rev. 0)
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
February 1, 2005
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
SUBJECT
Consider adoption of an ordinance of the City Council of the City of DeNon, Texas approving
the terms and conditions of an interlocal agreement between the Texas Local Government
Purchasing Cooperative, which sponsors the Buy Board Cooperative Purchasing Network;
providing for a cooperative purchasing program for goods and services; designating Tom D.
Shaw, C.P.M., Purchasing Agent, as official representative of the City of Denton relating to the
program; and providing an effective date (File 3293-Buy Board Imerlocal Cooperative
Purchasing Agreemem).
BACKGROUND
The Interlocal Cooperative Act, V.T.C.A. Government Code Chapter 791, authorizes respective
participating governments to enter into joint contracts and agreements for the purchase of
necessary materials, supplies and services.
Over the past several years, the City of Denton and other entities have entered into cooperative
purchasing agreements that have been highly beneficial to the taxpayers through anticipated
savings. The Agreement is an authorization to participate in contracts awarded by the Buy Board
Cooperative Purchasing Network for various goods and services. Any acquisition exceeding
$25,000 will be presemed to Council for approval, prior to issuing a purchase order.
ESTIMATED SCHEDULE OF PROJECT
This Agreemem is effective upon approval by the City of DeNon City Council and will remain
in effect umil terminated by either party.
RECOMMENDATION
Approve the interlocal agreement between the City of Denton and the Buy Board Cooperative
Purchasing Network.
PRINCIPAL PLACE OF BUSINESS
Buy Board Cooperative Purchasing Network
Austin, TX
Agenda Information Sheet
February 1, 2005
Page 2
FISCAL INFORMATION
Each acquisition, based on this Agreemem, will follow the City of DeNon fiscal verification
policy and be charged to the appropriate budget account.
AGREEMENT INFORMATION
This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and
services competitively bid by the Texas Association of School Boards. In the past, we have
purchased such items as police sedans, tires, corrugated metal pipe, lubricams, oils, road
materials and other supplies from similar agreements.
The bid process followed by the Texas Association of School Boards, meets all State bidding
requirements and bid opportunities are extended to all manufacturers and suppliers statewide.
Designed in cooperation with an Advisory Board of local governmem purchasing officials, the
Texas Association of School Boards pools the purchasing power of public agencies, achieves
bulk volume discoums on behalf of public agencies, competitively solicits quality products
through a lead public agency and provides a purchasing forum for public agencies statewide.
Buy Board is co-sponsored by the Texas Statewide Association of School Boards, Texas
Association of Counties, and the Texas Municipal League.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AlS-File 3293 Buy Board lnterlocal Cooperative Purchasing Agree~nent
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL
AGREEMENT BETWEEN THE TEXAS LOCAL GOVERNMENT PURCHASING
COOPERATIVE WHICH SPONSORS THE BUY BOARD COOPERATIVE
PURCHASING NETWORK; PROVIDING FOR A COOPERATIVE PURCHASING
PROGRAM FOR GOODS AND SERVICES; DESIGNATING TOM D. SHAW,
C.P.M., PURCHASING AGENT, AS OFFICIAL REPRESENTATIVE OF THE CITY
OF DENTON RELATING TO THE PROGRAM; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of DeNon has been presemed a
proposed Interlocal Agreement by and between the Texas Local Government Purchasing
Cooperative, which sponsors the Buy Board Cooperative Purchasing Network and the
City of DeNon, a copy of which is attached hereto and made part hereof by reference (the
"Imerlocal Agreemem"); and
WHEREAS, the City Council of the City of DeNon, Texas finds that the
Interlocal Agreement is in the public interest; and
WHEREAS, the City of Denton, Texas, pursuant to the authority granted under
Sections 271.101 to 271.102 of the Local Government Code, desires to participate in the
described purchasing program sponsored by the Texas Local Governmem Purchasing
Cooperative which is known as Buy Board, and in the opinion that participation in this
program will be highly beneficial to the tax payer as through the anticipated savings to be
realized; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations in the preamble of this ordinance are
incorporated herein by reference. The City Manager, or his designee, is hereby authorized
to execute the Interlocal Agreement on behalf of the City of Denton.
SECTION 2. The duly appoimed Purchasing Agem for the City of DeNon is
designated by the City Manager to have the authorization to expend funds pursuant to this
Imerlocal Agreemem for the purchase of various good and services in compliance with
the Act.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-Ord-File 3293
Page 2
ini~rlocal Agr~om~nt .......
Page 1 of 6
INTERLOCAL PARTICIPATION AGREEMENT
for the
Texas Local Government Purchasing Cooperative
This Interlocal Participation Agreement ("Agreement") is made and entered into by and
between the Texas Local Government Purchasing Cooperative ("Cooperative"), an
administrative agency of cooperating local governments, acting on its own behalf and the
behalf of all participating local governments, and the undersigned local government' of the
State of Texas ("Cooperative Member"). The purpose of this Agreement is to facilitate
compliance with state bidding requirements, to identify qualified vendors of commodities,
goods and services, to relieve the burdens of the governmental purchasing function, and
to realize, the various potential economies, including administrative cost savings, for
Cooperative Members.
WITNESSETH:
WHEREAS, the Cooperative Members are authorized by Chapter 791, et seq., The
Inteflocal Cooperation Act of the Govemment Code ("the Act"), to agree with other ioca!
governments to form purchasing cooperatives;~and
~pursuant to the authority granted under Sections 271.101 to 271.102 of the Local Govt. Code.
WHEREAS, the Cooperative is an administrative agency of local governments cooPerating
in the discharge of their governmental functions; and
WHEREAS, the Cooperative Member does hereby adopt the Organizational lnteriocal.
Agreement, together with such amendments as may be made in the future, reflecting the
evolving mission of the Cooperative and further agrees to become an additional party to
that certain Organizational lnterlocal Agreement promulgated on the 26th day of January,
1998.
NOW B-~ iT RE'.~LO-ILV-~D i-hd{ (fie undersigned COOperative Member in consldera{ion of the
agreement of the Cooperative and the Cooperative Members to provide services as
detailed herein does agr.ee to the following terms, conditions, and general provisions.
In return for the payment of the contributions: and subject to all terms of this Agreement,
the parties agree as follows:
TERMS AND CONDITIONS
1. Adopt Organizational Interlocal Cooperation Agreement, The Cooperative
Member by the adoption and execution of this Agreement hereby adopts and
approves the Organizational Interlocal Agreement dated January 26, 1998, together
with such amendments as may be made in the future and further agrees to become a
Cooperative Member.
2. Term. The initial term of thisAgreemerit shall commence at 12:01 a.m. on the date
1/512005
[ntertocal Agreement Page 2 of 6
executed and signed and shall automatically renew for successive one-year terms
unless sooner terminated in accordance with the provisions of this Agreement. The
terms, conditions, and general provisions set forth below shall apply to the initial term
and all renewals.
3. Termination.
By the Cooperative Member. This Agreement may be terminated by the
Cooperative Member at any time by thirty (30.) days prior wdtten notice to the
Cooperative; provided all charges owed to the Cooperative and any vendor have
been fully paid.
By the Cooperative. The Cooperative may terminate this Agreement by:
1. Giving ten (10) days notice by certified mail to the Cooperative Member if
the Cooperative Member fails or refuses to make the payments or
contributions as herein provided; or
2. Giving thirty (30) days notice by certified mail to the Cooperative Member.
Termination Procedure. If the Cooperative Member terminates its participation
during the term of this Agreement Or breaches this Agreement, or if the
Cooperative terminates participation of the Cooperative Member under any
provision 'of this Article, the Cooperative Member shall bear the fult financial
responsibility for any purchases ocCUrring after the termination date, and for any
unpaid charges accrued dudng its ,term of membership in the Cooperative. The
Cooperative may seek the whol.e amount due, if any, from the terminated
Cooperative Member. The Cooperative Member will not be entitled to a refund of
membership dues paid.
4, Payments.
The Cooperative Member agrees to pay membership fees based on a plan
developed by the Cooperative. Membership fees are payable by Cooperative
Member upon receipt of an invoice from the Cooperative, Cooperative
Contractor or vendor. A late charge amounting to the maximum interest allowed
by law, but not less than the rate of interest under Section 2251.021, et seq.,
Texas Government Code, Shall begin to accrue daily on the 31st day following
the due date and continue to accrue until the contribution and late charges are
paid in full. The Cooperative reserves the right to collect all funds that are due to
the Cooperative in the event of termination by Cooperative Member or breach of
this Agreement by Cooperative Member.
b. The Cooperative Member will mak~ timely payments to the vendor for the goods,
materials and services received in accordance with the terms and conditions of
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III I Illlllll I I I iii
~nterlocal Agreement
· Page 3 of 6
the Invitation to Bid and related procurement documents. Payment for goods,
materials and services and inspections and acceptance of goods, materials and
services ordered .by the procuring party shall be the exclusive obligation of the
procuring Cooperative Member.
Cooperative Reporting. The Cooperative will provide periodic activity reports to the
Cooperative Member. These reports may be modified from time to time as deemed
appropriate by the Cooperative.
Administration. Cooperative Member will use the BuyBoard purchasing application
in accordance with instruction from the Cooperative; discontinue use upon
termination of participation; maintain confidentiality and prevent unauthorized use;
maintain equipment, software and testing to operate the system at its own expense;
report all purchase orders generated to Cooperative or its designee in accordance
with instructions of the Cooperative; and make a final accounting to Cooperative upon
termination of membership. :~
Amendments. The Board may amend this agreement, provided that notice is sent to
each participant at least 60 days prior to the effective date of any change described in
such amendment which, in the opinion of the Board, will have a matedal effect on the
Cooperative Members participation in the Cooperative..
GENERAL PROVISIONS
o
Authorization to Participate. Each COoperative Member represents and warrants
that its governing body has duly authorized its participation in the Cooperative.
Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative,
as they may be amended, and any and ~ail reasonable policies and procedures
established by the Cooperative,
Compensation. The parties agree that it'he payments under this Agreement and all
· related exhibits and documents are amounts that faidy compensate the Cooperative
for the services or functions performed under the Agreement, and that the portion of
gross sales paid by participating vendors enables the Cooperative to pay the
necessary licensing fees, marketing coSts, and related· expenses required to operate
a statewide system of electronic commerce for the local governments of Texas.
Cooperation and Access. The Cooperative Member agrees that it will cooperate in
compliance with any reasonable requests for information and/or records made by the
Cooperative. The Cooperative reserves .the right to audit the relevant records of any
Cooperative Member. Any breach of this ArtiCle shall be considered matedal and
shall make the Agreement subject to termination on ten (10) days written notice to the
Cooperative Member.
1/5/2005
Int~toc~d Agreement Page 4 of 6
Coordinator. The Cooperative Member agrees to appoint a program coordinator who
shall have express authority to represent and bind the Cooperative Member, and the
Cooperative will not be required to contact any other individual regarding program
matters. Any notice to or any agreements with the coordinator shall be binding upon
the Cooperative Member. The Cooperative Member reserves the right to change the
coordinator as needed by gMng written notice to the Cooperative. Such notice is not
effective until actualty received by the Cooperative.
Current Revenue. The Cooperative Member hereby warrants that all payments,
contributions, fees, and disbursements required of it hereunder shall be made from
current revenues budgeted and available to the Cooperative Member.
Defense and Prosecution of Claims. The Cooperative Member authorizes the
Cooperative to regulate the commencement, defense, intervention, or participation in
a judicial, administrative, or other governmental proceeding or in an arbitration,.
mediation, or any other form of alternative dispute resolution, or other appearances of
the Cooperative and/or any past or current Cooperative Member in any litigation,
cfaim or dispute, and to engage counsel and appropriate experts, in the Cooperative's
sole discretion, with respect to such litigation, claim or disputes. The Cooperative ~
Member does hereby agree that any suit brought against the .Cooperative or a
Cooperative Member may be defended in the name of the Cooperative or the
Member by the counsel selected by the Cooperative, in its sole discretion, or its
designee, on behalf of and at the expense of the Cooperative as necessary for the
prosecution or defense of any litigation.' Full cooperation by the Cooperative Member
shall be extended to supply any information needed or helpful in such prosecution or
defense. Subject to specific revocation, the Cooperative Member hereby designates
the Cooperative to act as a class representative on its behalf in matters arising out of
this Agreement.
Governance.- The. Board.of Trustees (Board) will govern the Cooperat~e in
accordance with the Bylaws. Travis County, Texas wilt be the location for filing any
dispute, claim or lawsuit.
9. Limitations of Liability. COOPERATIVE, ITS ENDORSERS (TEXAS
ASSOCIATION OF SCHOOL BOARDS, TEXAS ASSOCIATION OF COUNTIES,
AND TEXAS MUNICIPAL LEAGUE) AND SERVICING CONTRACTOR (TEXAS
ASSOCIATION OF SCHOOL BOARDS) DO NOT WARRANT THAT THE
OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED
OR. ERROR FREE. COOPERATIVE, [TS ENDORSERS AND SERVICING
CONTRACTORS, HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT OR SERVICE
FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION,
ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. THE PARTIES AGREE THAT ~N REGARD TO ANY
AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS
1/5/2005
IIII I II lllll IIIIIII I ii m,,,
Intertocal Agreement Page 5 of 6
AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY
CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
10. Merger. This Interlocal Participation Agreement, Terms and Conditions, and General
Provisions, together with the Bylaws, Organizational Interlocal Agreement, and
Exhibits, represents the complete understanding of the Cooperative, and Cooperative
Member electing to participate in the Cooperative.
11. Notice. Any wdtten notice to the Cooperative shall be made by first class mail,
postage prepaid, and delivered to the Associate Executive Director Financial
Planning, Texas Association of Schooi Boards, Inc., P.O. Box 400, Austin, Texas
78767-0400.
12. Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas, and venue shall lie in Travis County, Texas.
13. Warranty. By the execution and delivery of this Agreement, the undersigned
individuals warrant that they-have been duly authorized by all requisite administrative
action required to enter into and perform the terms of this Agreement.
IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives,
sign this Agreement as of the date indicated.
TO BE COMPLETED BY THE COOPERATIVE:
TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE, as acting on behalf of all
other Cooperative Members
By:
Date: "
Gerald Brashears,.Cooperative Administrator
TO BE COMPLETED BY COOPERATIVE MEMBER:
(Name of Local Gove'mment)
By:
Signature of authorized representative of Cooperative Member
Date:
Pdnted name and ti'de of authorized representative
Coordinator for the Cooperative Member is:
II II
1/5/2005
Lut~rlocal Agreement
Name
Pag~ 6 of 6
Street Address
Texas,,
(zip)
Telephone
Fax
E-mail
1/5/2005
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
February 1, 2005
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7133
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for
purchase of Ready Mix Concrete and Portland Cement for various City Departments; providing
for the expenditure of funds therefore; and providing for an effective date (Bid 3260-Ready Mix
Concrete and Portland Cement awarded to lowest responsible bidder for each section in the
estimated amount of $1,000,000).
BID INFORMATION
This bid is for the annual supply of Portland cement and ready mix concrete utilized by various
City departments in the maintenance and new construction of streets, utility lines, street cuts and
backfilling operations. These materials are ordered on an as needed basis.
RECOMMENDATION
Award to the lowest responsible bidder for each section, as listed in Exhibit A of the Ordinance,
in the estimated amount of $1,000,000.
PRINCIPAL PLACE OF BUSINESS
Lattimore Materials
McKinney, TX
TXI
Denton, 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
Funding for each individual order will come from the appropriate budget or bond account of the
using department.
Agenda Information Sheet
February 1, 2005
Page 2
Attachment 1: Tabulation Sheet
1-AlS-Bid 3260
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Bid # 3260 Attachment 1
Date: 1/4/05
Annual Contract for Ready Mix Concrete and Portland Cement
. . Lattimore
TXI Redl Mix, LP Materials TXI
Principle Place of Business: Denton, TX Denton, TX McKinney, TX Dallas, TX
SNore: Quantities shown are estimates only and shall not be
binding upon the City of Denton
Portland Cement
Portland Cement per sack lbs.
I 4500 Sacks Delivered to City of Denton Warehouse 92.5 lbs@ $6.25 NO BID NO BID 94 lbs@ $6.25
in Truckload Quantities.
Estimated delivery date after receipt of
order NA NA NA I Day
2 800 Tons Type I bulk cement delivered to job $95.00 NO BID $120.00 NO BID
site.
Estimated delivery date after receipt of
24 Hours NA 2 Days NA
order
Ready Mix Concrete
7000- Cubic
3 8000 Yard 5 Sack Mix $64.00 $66.00 $64.50 NO BID
Cubic Cubic
4 Yard Yard 1.5 Sack Mix $56.50 $54.00 $54.50 NO BID
Cubic
5 Comb. Yard I Sack Mix $54.00 $52.00 $53.50 NO BID
Cubic
6 4 to 8 Yard 3000 PSI - 4.5 WRA $62.00 $64.00 $64.50 NO BID
Cubic
7 4 to 8 Yard 3000 PSI with Fly Ash 20% Max. $62.00 $63.00 $64.50 NO BID
Truck Time If Applicable $____ NA $65.00/HR NA NA
Small Load Charge If
NA $100.00 NA NA
ApplicableS.
Sack Adjustment $ .... per sack +5.00 -2.50 $4.00 $4.00 NA
Environmental Fee Per Load if
$10.00 $5.00 $5.00 NA
Applicable $
See Minimum Load Requirements on
Specification Page
sTXI Charges You can mix
loads. Full
Comments: $15.00 Per Load truckloads 14
Freight Free pallets
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
PURCHASE OF READY MIX CONCRETE AND PORTLAND CEMENT FOR VARIOUS CITY
DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE (BID 3260-READY MIX CONCRETE AND
PORTLAND CEMENT AWARDED TO LOWEST RESPONSIBLE BIDDER FOR EACH
SECTION iN THE ESTIMATED AMOUNT OF $1,000,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID ITEM
NUMBER NUMBER VENDOR AMOUNT
3260 1, 2 TXI Exhibit A
3260 3-7 Lattimore Materials 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 on file in the office of the Purchasing
Agent; 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 ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 3260
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
February 1, 2005
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a coNract for
purchase of Distribution Transformer Repair services for DeNon Municipal Electric; providing
for the expenditure of funds therefore; and providing for an effective date (Bid 3262-Annual
Contract for Distribution Transformer Repair awarded to Greenville Transformer Company, Inc.
in the estimated amouN of $140,588). (The Public Utility Board approved this item by a vote of
4-0).
BID INFORMATION
This annual agreemeN is to repair single-phase overhead transformers, 25 kVA to 167 kVA,
single-phase pad-mouNed transformers, 25 kVA to 167 kVA, and three-phase pad mouNed
transformers, 75 kVA to 2500 kVA. These repairs were bid as two classes. Class 1 repairs are
minor repairs that include dismaNling, cleaning, replacing gaskets, replacing bushings, replacing
hardware, paining, and testing repaired transformers. Class 2 repairs are major repairs that
include everything in Class 1 plus cleaning the core, banding the core and rewinding the coil
with copper conductors.
Distribution transformers are thermal devices, which over time, cease to operate correctly. For
customer service to be restored, the failed transformer must be replaced with an operational
transformer unit. A comparison of the costs of repairing failed transformer units versus the cost
to purchase only new units indicates that it is advantageous to repair transformers when feasible.
This bid provides pricing to repair transformers on a per unit basis. The bid does not require a
minimum number of units to be repaired for that pricing to be valid. All failed transformers will
be evaluated at the Spencer Pole Yard. Only those transformers that justify repair will go to the
repair shop. All other failed transformers will be sold as scrap per the bid quote.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at its January 24, 2005 meeting.
RECOMMENDATION
Award to Greenville Transformer Company, Inc. in the estimated amouN of $140,588.
Agenda Information Sheet
February 1, 2005
Page 2
PRINCIPAL PLACE OF BUSINESS
Greenville Transformer Company, Inc.
Greenville, 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
Funding for transformers repairs is budgeted in Electric account 600300.6530.5950A.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
1-AlS-Bid 3262
C:)
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
PURCHASE OF DISTRIBUTION TRANSFORMER REPAIR SERVICES FOR DENTON
MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROViDiNG FOR AN EFFECTIVE DATE (BID 3262-ANNUAL CONTRACT FOR
DISTRIBUTION TRANSFORMER REPAIR AWARDED TO GREENVILLE TRANSFORMER
COMPANY, iNC. iN THE ESTIMATED AMOUNT OF $140,588).
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
3262 Greenville Transformer Company, Inc. 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 on file in the office of the Purchasing
Agent; 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 ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 3262
CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
January 24, 2005
DRAFT
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, January 24, 2005,
at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
PRESENT:
Bob Bland, George Hopkins, Charldean Newell, Dick Smith
EXCUSED:
John Baines
Bill Cheek
Phil Gallivan
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM/Utilities
CONSENT AGENDA:
1)
Consider approval of Bid No. 3282 from ABB, Inc to enter a three-year agreement for the
purchase of distribution switchgear and control buildings for substations in an amount not to
exceed $1,482,021.
2)
Consider approval of Bid No. 3240 from Barco Construction, Inc. to enter into a three-year
agreement for the purchase of underground electric service installation for Denton Municipal
Electric in an amount not to exceed $1,000,000).
3)
Consider approval of Bid No. 3262 from Greenville Transformer Company, Inc. for the
purchase of distribution transformer repair services for Denton Municipal Electric in an
amount not to exceed $140,588.
4)
Consider approval of a professional services agreement with R.W. Beck, Incorporated for
professional consulting services to provide the Solid Waste Department with an operational
review in an amount not to exceed $75,000.
Board Member Dick Smith moved to approve Consent Agenda Items 1-4, with a second
from Board Member Bob Bland. The motion passed by a vote of 4-0.
Page 1 of 1
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
February 1, 2005
Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
ACM: Kathy DuBose ~
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a comract for
purchase of Medium Voltage Switchgear Buildings for DeNon Municipal Electric; providing for
the expenditure of funds therefore; and providing for an effective date (Bid 3282-Three Year
Agreement for Purchase of Medium Voltage Switchgear Buildings awarded to ABB, Inc. in the
estimated amoum of $1,482,021). (The Public Utility Board approved this item by a vote of 4-0).
BID INFORMATION
The 2005 Capital Improvemem Program (CIP) includes substation projects that require
installation of distribution switchgear and control buildings in order for the stations to be
functional. DME employs an urban type, low profile substation design that utilizes switchgear
and control buildings for the low voltage sections of distribution substations. Switchgear
buildings are smaller, more secure, and a more aesthetically pleasing alternative to a more
visually obtrusive steel and open bus outdoor type of construction. A switchgear building
comains fully enclosed 15kV bus and circuit breakers for the distribution feeders that the
substation will serve. The buildings also house relay, comrol, communication equipmem,
supervisory and data acquisition system remote terminal units, station batteries, and other items
necessary to properly control and protect the transmission and distribution circuit breakers, the
substation transformer, and other systems in the station. One building is required for each
substation transformer. The output of a substation transformer is routed directly to the building
through roof-mourned bushings. Distribution feeders exit the building underground from
individual compartmems accessed via exterior doors.
There are three projects planned and approved as a part of the 2005 CIP for which switchgear
and control buildings must be purchased during the term of the proposed contract. The actual
number of buildings needed during the course of the proposed three-year agreemem could
increase or decrease depending on construction schedules and projects approved in the future.
The approved projects at this time are the Denton North Substation, Iron Horse Substation, and
Fort Worth Substation. Switchgear and control buildings of the type proposed in the bid
specifications have been purchased for Denton substations since the early 1990's. The standard
sized building will be approximately 14' wide, 43' in length, and 12' in height.
Agenda Information Sheet
February 1, 2005
Page 2
BID INFORMATION (CONTINUED)
The buildings are factory assembled and tested and are delivered to substation sites as complete
units ready for installation of external comrol wiring, owner furnished items, and underground
feeder cables. Generally, installation of the roof-mourned input power bushings, placemem and
connection of the station batteries, and installation of air conditioning units that were removed
for shipmem are the only field assembly items required. The switchgear assembly was specified
to be of an "arc resistam" design, which provides an enhancemem to safety.
The distribution switchgear installed in each building is fully assembled and tested at the factory.
A standard building will consist of one main circuit breaker, one tie circuit breaker and four
feeder breakers. The number of feeder breakers can be varied to match the number of
distribution circuits the substation transformer must serve. For this reason, option unit pricing
was requested in the bid for adding and deleting circuit breakers from the standard switchgear
lineup. Option unit pricing was also requested to allow the building length and the size of an
imerior relay and wiring cabinet to be increased. It is expected that standard buildings will be
purchased for the Denton North and Fort Worth Drive stations. A longer building will be
required for the Iron Horse station. The reason that the longer building will be necessary is that
additional feeder breakers may be required, and additional transmission relay space will
definitely be required.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at it's January 24, 2005 meeting.
RECOMMENDATION
Award to ABB, Inc. in the estimated amount of $1,482,021.
PRINCIPAL PLACE OF BUSINESS
ABB, Inc.
Lake Mary, FL
ESTIMATED SCHEDULE OF PROJECT
Delivery of the DeNon North Substation Switchgear building is required by May 15, 2005.
Arrangemems for additional buildings will be made by Denton Municipal Electric as needed to
accommodate construction schedules. This is a three-year agreement that may be extended for
additional one-year periods if agreed to by both parties with all pricing, terms and conditions
remaining the same.
Agenda Information Sheet
February 1, 2005
Page 3
FISCAL INFORMATION
Funding for the buildings is budgeted in
600126489.1350.3620 and 600821486.1350.3620.
Electric accounts
600562486.1350.3620,
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
1-AIS-Bid 3282
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
PURCHASE OF MEDIUM VOLTAGE SWiTCHGEAR BUILDINGS FOR DENTON
MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE (BID 3282-THREE YEAR AGREEMENT FOR
PURCHASE OF MEDIUM VOLTAGE SWiTCHGEAR BUILDINGS AWARDED TO ABB, iNC.
1N THE ESTIMATED AMOUNT OF $1,482,021).
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
3282 ABB, Inc. 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 on file in the office of the Purchasing
Agent; 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 ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 3282 ~'
CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
January 24, 2005
DRAFT
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, January 24, 2005,
at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
PRESENT:
Bob Bland, George Hopkins, Charldean Newell, Dick Smith
EXCUSED:
John Baines
Bill Cheek
Phil Gallivan
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM/Utilities
CONSENT AGENDA:
1)
Consider approval of Bid No. 3282 from ABB, Inc to enter a three-year agreement for the
purchase of distribution switchgear and control buildings for substations in an amount not to
exceed $1,482,021.
2)
Consider approval of Bid No. 3240 from Barco Construction, Inc. to enter into a three-year
agreement for the purchase of underground electric service installation for Denton Municipal
Electric in an amount not to exceed $1,000,000).
3)
Consider approval of Bid No. 3262 from Greenville Transformer Company, Inc. for the
purchase of distribution transformer repair services for Denton Municipal Electric in an
amount not to exceed $140,588.
4)
Consider approval of a professional services agreement with R.W. Beck, Incorporated for
professional consulting services to provide the Solid Waste Department with an operational
review in an amount not to exceed $75,000.
Board Member Dick Smith moved to approve Consent Agenda Items 1-4, with a second
from Board Member Bob Bland. The motion passed by a vote of 4-0.
Page 1 of 1
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
February 1, 2005
Materials Management
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
ACM: Kathy DuBose g'>~
SUBJECT
Consider adoption of an Ordinance providing for the expenditure of funds for the purchase of a
used back-up diesel powered portable generator to be utilized by the Wastewater Department in
the event of a loss of electric power in accordance with provisions of state law exempting such
purchase from the requiremeNs of competitive bidding; and providing for an effective date (File
3294-Purchase of Emergency Generator for Wastewater Facilities awarded to American
Generators in the amouN of $47,500). (The Public Utility Board approved this item by a vote of
7-0).
FILE INFORMATION
The Texas Commission on EnvironmeNal Quality (TCEQ) Rules require either dual source of
power for the operation of wastewater pumping stations, or storage capacity in the pump station
and sewer pipes that exceeds the wastewater storage needed for the maximum amount of time
power was off in the last 24 month period. The City's wastewater collection system storage
capacity during wet weather evens is inadequate to comply with the TCEQ criteria. Therefore, a
second source of power is provided for the operation of the lift stations during a power outage.
In DeNon, this has been accomplished with a combination of dual source of power from DME
and the use of portable emergency generators. The use of portable generators is allowed by
TCEQ provided that the wastewater system operator meets certain operational criteria. In
Denton, these criteria are part of the design and construction of the wastewater pumping facilities
and comply with the TCEQ criteria.
A portable generator provides more options for use during power emergencies and all lift stations
are designed so that the portable generator can be connected to the lift station power system
quickly. Therefore, the decision was made to purchase a portable generator. This generator
would be stationed at the Cooper Creek Lift Station site, but could just as easily be used at other
locations if necessary.
As the name implies, the emergency generator is used only during an emergency, which is a loss
of power. Florida, due to the recent hurricane catastrophes, is a good source of used generators.
The quote for a portable generator from the vendor American Generators, located in Miami,
Florida is $44,999. The cost of shipping is approximately $2,500. The cost of a similar size new
generator to the City is approximately $95,000-$115,000, depending on options.
Agenda Information Sheet
February 1, 2005
Page 2
FILE INFORMATION (CONTINUED)
It is possible that by the time the approval from the PUB and the City Council is obtained, the
vendor may sell the portable generator. In that event, staff will return to Council once another
portable generator has been found that would meet the department's needs and seek approval.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this purchase at its January 10, 2005 meeting.
RECOMMENDATION
Award to American Generators in the amount of $47,500.
PRINCIPAL PLACE OF BUSINESS
American Generators
Miami, FL
ESTIMATED SCHEDULE OF PROJECT
The unit can be delivered in five to seven days and placed on line within the following two
weeks.
FISCAL INFORMATION
This item will be funded from account 640004540.1355.40100.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: American Generators Data Sheet
1-AlS-File 3294
^[[acnmen[ 1
®afle 1 o£2
600 kW Detroit Diesel Power Nodule/Rental in 20'
Container Trailer Mounted
Model t6V71 FOB Miami
in Stock
90 Day / 500 Hour Warranty
(Whichever comes first)
Electric Start
Mainline Circuit Breaker
Manual Start
Rental Grade Units
Serviced and Loadbank Tested
Trailer Mounted
Weatherproof
1021 Hours Since New
600 KW
Diesel
12 Lead
3 Phase
Battery Rack and Cables (Batteries
Not Included)
- Fully Weatherproof
- 20' Weatherproof Trailer Mounted
Enclosure
- 12 Lead Reconnectable Generator End
- ~anual Start Control Panel
- Voltage, Frequency/Amperage/Hour
Meters
- Complete with Engine Shutdowns
- Generator End
- 277/480 Volt
- 1800 RPM
- 60 Hz
- 3 Phase
- Main Line Circuit Breaker
- Unit is FuIly Aeconditioned, Tested and
Painted, 90. Day Major Parts Failure
Warranty on Engine Components.
e"ce i-g,
Available. for Immediate Delivery
Rates Available
EXHIBIT 2
600 ~.~,3; ®etroit ®iese£(2ower ~loc~u~e/qLenta£ in 20' Co:n,~ainer qrrai(er 5~4 ounte~ cpa, qe 2 o~ 2
Batteries
Battery C~har:ger~
control Panels
Enclp~ures
Fuel Taaks
Fuel Tanks Base Mounted
Marathon ~enerator Ends
R~O G~.n~Ca~Q~
Racor Fuel Fil~ers
Trailers
Transfer Switches
~a n~[~:m~...r.~
~lt~.g~ Regu lato rs
to 3Or) KW Diesd 30~ to~S{'~O. K~,,:~'~,se. ~(~I to 9{~? KW i..'~ e,~el i0(),.) KW ~md ~p, 111 e~ei Gasc i,~e (/nit< R~,F~L~ ~'~...~oe'"" ~ .J%es [ ,,:~,''~
U;L, Nail 'a Cas Ford NaN. ma dias Gerera(' ,a/::t ~'ai "Sas Gp', Nail ral Gas ISUZL [,;aR fa[ G~s PI]F neaiislis Nat,~ai G,s:~ ()nar, Natmal
l, lari~a 1 to ~0 k4.,~ Marine i~.~ i.o 20kW :'4a','i~e._'?l LO 50 i<'~'q F'1{~rine 51 kW.:tnd ~.,.p [,~anr}e Caterpiilar Narine :arymann Farine
Zsuz~i Marine~ Y~mr! ar PMrin~.-~
:industry Ne,,~ W(: Buy (3eFe~atc~'s
8511 NW 61st St FL 33166 · Phone 305-592-6800 . Fax 305~592-5900 · !n~Q.@Di~PQ.!,N~,60m
GoPower,com
~tp: /,Avww. americasgenerators, com/pro3act~/lVrOd-uct_vqew, php?~Proc~uct~rcD=15 63
:/5/2oo5
ORDINANCE NO. 2005-
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF A USED BACK-UP DIESEL POWERED PORTABLE GENERATOR TO BE
UTILIZED BY THE WASTEWATER DEPARTMENT IN THE EVENT OF A LOSS OF
ELECTRIC POWER IN ACCORDANCE WITH PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASE FROM THE REQUIREMENTS OF COMPETITIVE
BIDDING; AND PROVIDING FOR AN EFFECTIVE DATE (FILE 3294-PURCHASE OF
EMERGENCY GENERATOR FOR WASTEWATER FACILITIES AWARDED TO
AMERICAN GENERATORS 1N THE AMOUNT OF $47,500).
WHEREAS, state law requires that certain purchases or procurements related to an
expenditure by the City for equipment in an amount exceeding $25,000 be by competitive bids,
except for certain exempt purchases as are specifically set forth in §252.022 of the Texas Local
Government Code; and
WHEREAS, the Public Utilities Board has considered the procurement of this equipment
and has unanimously recommended approval of same to the City Council, at its meeting of
January 10, 2005; and
WHEREAS, the Rules of the Texas Commission on Environmental Quality ("TCEQ")
require a dual source of power to the City's wastewater facilities, and said procurement will
provide the City with the ability to comply with those rules; that serious public health issues and
concerns could arise were the Cooper Creek Lift Station to have a loss of electric power, which
dictates having a fast and efficient back-up source of power powered by diesel energy, standing
by to assure only minimal disruption of operations at that facility; further, having a portable
back-up generator standing by could conceivably benefit other wastewater facilities in the City in
the event of a loss of electric power as well; the acquisition further makes the City more prepared
for and less vulnerable to Homeland Security issues dealing with the sudden unexpected
disruption of necessary basic wastewater facilities; and said acquisition is in the best interests of
the residents of the City; and
WHEREAS, the City Manager has recommended to the City Council that it is necessary
to purchase equipment in order to preserve or protect the public health of the residents of the
City; and which procurement is in compliance with the requirements of §252.022 (a)(2) of the
Texas Local Government Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby determines that the findings set forth above in the
"Whereas" paragraphs hereinabove shall be incorporated by reference as a part of this ordinance;
and that this procurement is necessary because of the need of the City to preserve or protect the
public health of the residents of the City; and hereby authorizes the purchase of equipment, as
described in the "File Number" referenced herein and on file the office of the Purchasing Agent,
is hereby approved:
FILE
NUMBER VENDOR AMOUNT
AMERICAN GENERATORS
3294 $47,500
SECTION 2. Because of the circumstances referenced hereinabove, dealing with the
preservation or protection of the public health of the residents of the City, the City Manager or
the designated employee is hereby authorized to purchase the equipment, as described in File
3294 and to make payment therefore in the amounts therein stated, such 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 .,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3294
S:\Our Documents\Ordinances\05\Purchase Ordinance-Used Generator-Wastewater-011205.doc
CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
January 10, 2005
DRAFT
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, January 10, 2005,
at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
PRESENT: John Baines, Bob Bland, Bill Cheek, Dick Smith, Phil Gallivan, George
Hopkins, Charldean Newell
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM/Utilities
The Chair, Charldean Newell, informed the Board that Item # 10 would be discussed after Agenda
Item #5. The Board would convene into a Closed session as follows:
CONSENT AGENDA:
1) Consider approval of Bid No. 3273 to Montgomery Watson Harza Laboratories for the annual
contract for Lab Service for Drinking Water Testing.
2)
Consider approval of a Professional Services Agreement with Lloyd, Gosselink, Blevins,
Rochelle & Townsend, P.C., Austin, Texas in an amount not to exceed $65,000 for legal
services related to Denton Municipal Electric's (DME) updated Transmission Cost of Service
(TCOS) case at the Texas Public Utilities Commission.
3)
Consider approval of an Agreement for Professional Legal Services with the Law Offices of
Jim Boyle, PLLC, Austin, Texas in an amount not to exceed $68,000 for representation of the
City electric and water utility interests during the 79th Texas Legislative Session.
4)
Consider approval of the purchase of a back-up emergency diesel powered generator for the
operation ofwastewater facilities during a loss of power from American Generators, Miami,
Florida for an amount not to exceed $47,500.
Board Member George Hopkins moved to approve Consent Agenda Items #1-4, with a
second from Board Member Dick Smith. The motion was approved by a vote of 7-0.
Page 1 of 1
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
February 1, 2005
Engineering
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an ordinance of the City of DeNon abandoning and vacating an approximate
0.992 acre portion of that certain public utility easemem dated August 13, 1991 recorded in Volume
3047, Page 778 of the Real Property Records of DeNon County, Texas and providing for an effective
date.
BACKGROUND
The property owner requested that the City of DeNon abandon its utility easemem imerests pending
approval of relocated utilities. The City of DeNon and DeNon Mayhill Road investors, L.P. (the
"Owner") emered imo an Easemem Abandonmem Agreemem on December 3, 2003 providing for the
abandonmem of a portion of the public utility easemem established in August 1991, upon the
completion of the specified conditions. Staff research of the field inspection records and letters
provided by franchise utility companies indicate that all public facilities have been satisfactorily
relocated and are acceptable to city inspectors.
Staff performs an analysis on requests for easement abandonment as follows:
· is the property tract requested for abandonmem considered "excess right-of-way"?
· Does the property tract requested for abandonmem have a cominued public use?
· Is it in the best interest of the general public to abandon the government's rights in the subject
abandonment tract?
· Would the granting of this request establish a precedent for right-of-way abandonment for
future requests?
Staff findings on this analysis are as follows:
1. The right-of-way tracts requested fit the criteria of excess right-of-way. Excess right-of-way is
defined as: Property acquired or used by the City for right-of-way and subsequemly declared
excess (not needed for the Project, road or streetscape).
2. There are currently no public facilities installed in the proposed abandonment tract; therefore
there is no continued public use. The applicant has provided alternative easements and
infrastructure as per the requirements of the Easement Abandonment Agreement.
3. Abandonmem is in the public imerest because the area for subject abandonmem no longer has a
compelling future public use. The required utility infrastructure for the developmem has been
constructed and there are no future connectivity or extension needs.
4. This abandonment would not set a precedent because the above three standards have been met.
OPTIONS
1. Approve the ordinance, or
2. Denial, or
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the ordinance abandoning easement interests.
ESTIMATED PROJECT SCHEDULE
Spring 2005
PRIOR ACTION/REVIEW
City Council approved Ordinance No. 2003-387 on December 3, 2003, thus entering into an agreement
to abandon the subject easement rights once the terms were met.
FISCAL INFORMATION
Initial application fee of $150.00
ATTACHMENTS
> Location map
> Draft ordinance
Prepared by:
Denise M. Perez
Real Estate & Capital
Support Division
Respectfully submitted:
Kelly Carpenter, Director
Planning Department
LOCATION MAP
ORDINANCE NO.
AN ORDINANCE ABANDONING AND VACATING AN APPROXIMATE 0.992
ACRE PORTION OF THAT CERTAIN PUBLIC UTILITY EASEMENT DATED
AUGUST 13, 1991 RECORED IN VOLUME 3047, PAGE 778 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN
EFFECTIVE DATE;
WHEREAS, on December 2, 2003 the City of Denton and Denton Mayhill Road
Investors, L.P. (the "Owner") entered into an Easement Abandonment Agreement (the
"Agreement") providing for the abandonment of a portion of a public utility easement
dated August 13, 1991 recorded in volume 3047, page 778 of the Real. Property Records
of Denton County, Texas (the "Public Utility Easement") upon the fulfillment of certain
conditions, said portion of the Pubhc Utility Easement to be abandoned being
approximately 0.992 acre as more particularly described in Exhibit "A" attached hereto
and made a part hereof by reference (the "Abandoned Easement"), and
WHEREAS, all conditions precedent provided for in the Agreement have been
fulfilled, including the dedication to the City of the New Easement, the relocation of City
utilities to the New Easement, and written confrmafion from all affected franchise
utilities that their facilities have been abandoned fi~om the Abandoned Easement and
relocated to an alternative location; and
WHEREAS, the Development Review Committee of the City of Denton, Texas
reviewed the requested abandonment and recommended approval, and
WHEREAS, the Council of the City of Denton, Texas has determined that the
Abandoned Easement is no longer needed for public use, and
WHEREAS, this is abandonment meets the requirements of Chapter 272 of the
Texas Local Government Code because the abandonment is to the underlying fee owner
who has dedicated a New Easement which is equal to or greater in value than the
Abandoned Easement; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1. The recitations and fmdings contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. The Abandoned Easement is hereby permanently vacated,
abandoned, and extinguished as a public easement. This ordinance does not affect any
portions of the Public Utility Easement other than the portion described as the
Abandoned Easement herein.
SECTION 3. By reason of such abandonment and vacation the City of Denton's
property interest in the Easement shall, by operation of law, revert to the underlying fee
Page 1
owners abutting the Abandonext Easement, and the City of Denton releases any and all
claims to the use of the abandoned and vacated property as a public easement. A
certified copy of this ordinance may be recorded in the Real Property Records of Denton
County, Texas to evidence this abandonment.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
__ day of ., 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO
HERBERT L.
BY:
TLEG~ FORM;RNEY
Page 2
EXHIBIT "A"
NOTES DESCRIBINO AN EXISTING
UTtL_UT EASF_blENrr TO BB ABANDONED
BEING a 0.992 acre tract of land situated in the tVLE.P. & P3LP,.. CO. Survey, Abstract No. 950,
CiTy of Denton, Denton County, Texas, and being part of a 25.74 acre trot described by Red to
Denton MayMll Road Investors, L.P., a'Texas limited partnership, as roe°tried in Volume 5408,
Page 2692 of the Property Records of Denton .County, Texas, and being mcr, particularly
desoribcd as follows:
COMMENCINO at a I/2-inch fotmd iron rod in the east right-of-way line of Mayhill Road (a
120-foot fight-of-way), ms recorded in Cabinet 1=, Page 125 of ttm Pint Records of Denton
county, Texas, said point being at the southwest end of a comer dip itt the inters~tion of said
east right-of-way line with Ihe south right-of-way tine of Colorado Boulevard;
TI-IENCE North 45 degre~m 29 minutes 16 seconds F_mst, along said comer clip a digtancc of
22.24 feet to a 1/2-inch found iron rod in the south righI-of-way line of said Colorado Boulevard,
-said point bring on a nm-tangent curve to the left having a 'radius of $31i~I7 Feet, and whnse .
chord bears North 77 degrees 40 ~nut~ 36 seconds Eas~ for 159.52 feet;
THENCE Northeasterly, along said south right-of-way line of Colorado Brmlevard and along ·
said curve lo the left, t~oagh ~ central angle of 17 degrees 02 minutes 44 seoo~d~ for an arc
distance of 160,11 feet to the POINT OF BEGINNL~IG. said point being a radius of 538.17 feet,
and whmsc chord beara North 62 degrees 04 minutes I4 seconds East, a distance of 132.72 feet;
THENCE Northessterly, continuing along said carve to the left whose chord bears North 62
deer, s 04 minutes 14 seconds East for 132.72 f~t~ through a eentrat angle of 14 degrees 09
minute.q 59 ~oconds for an ar: distance of I33.06 feet to a point for come. r;
THENCE South 35 degree~ 06 minutes 53 ~eeonds West, departing said ~outh right-of-way tine
of Colorado Boulevard, a distance of 255.49 feet to a point for e. omer;
TI-IENCE South 21 degrees 40 minu~s i3 seconds West, a distance of 162.19 feet to apoint for
comer;
THENCE South 15 degrees 12 minutes 45 se¢ond~ West, a distance of 538.39 feet to point ilar
comer on th, most southwesterly line of said 25.74 aero trot of land;
TI-~NCE North 39 degrees 20 minutes 09 seconds West, along said southwesterly line, a
distance of 9.93 feet to a point for comer on the aforementioned east right-of-way tine o~ Mayhifl
Road, said point being on a non-tangent curve to the ldt having a radius of 910.00 feet, and
whose chord boars North 08 degrees 27 m/nutes 31 second~ East for 139, t4 feet;
THBNCE Northefmterly, along said east right-of-way tine and along said curve to the left,
through a central angle of 08 degrees 46 minutes 0~ ~eeoads, an mm di~tanoe of 139.28 feet to a
point for comer:
TI-W_MCE North 0¢ degre=.~ 0g minute~ 113 ,econ~ East, =ontinuing along said ea.~t right-of-way
]in~, a 8i~mnc~ of !89.66 fe~t to ~ point for
climmc= of I76.50 feet to a point for
~Clli North 15 dcgr~s 04 minutes 54 s~onds Eatt, a distance of t24.49 foci to a poin~ for
oorn~rl
THENCE North 26 ~gre~s 08 minut~ 31 seconds East, a distan~ of 233.14 fe~t to a point for
o~m.er;
THENCE North 33 degrees 27 minntes {37 seconds East, ~ cliata.~e of 83.25 f=~ ~o ~e Po~
OFBBG~O ~ CO~A~O 43,20i squm i~ or 0.992 a~ of I~d, mo~
The iflt=n~ of t~s d~u~nt is to d~scfib~ ~t of ~a poffiona of MayhilI Road ab~flono~ by Ci~
of ~nton, T~as O~ee No. 91-122, filed for r~o~ in Volume 3047, Page 778,
P~ Recor~ of Denton Count, Texas. ~at falls within ~ li~m of ~ ~feren=ed ~.74
acm ~ct ~cfibe~ N Volvo 540~, Pa~ 2692, Pm~ R~ords of D~ County,
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
February 1, 2005
Planning and DevelopmeN DepartmeN
Jon Fortune, Assistant City Manager
SUBJECT - ADP04-0004 (Sonic)
Hold a public hearing and consider adoption of an ordinance regarding the Alternative
Development Plan for an approximately 0.833-acre site located in the Regional Center
Commercial Neighborhood (RCC-N) zoning district. The proposed site is located west of State
School Road and north of Brighton Drive. A restauraN is proposed. The Planning and Zoning
Commission recommended approval (6-0) with the following conditions:
1) The property owner shall replace the existing fence between the subject site and
residences to the west with the eight-foot (8') fence as shown on the approved site
plan and elevation. The good side of the fence must face the residential use;
(2) The property owner shall establish an escrow fund in the amouN of three thousand
and six hundred dollars ($3,600.00) for the planing of 18 street trees along State
School Road. The street trees shall be planted once the widening of State School
Road and relocation of public utilities commence. Such escrow shall be released by
the city after once the trees are planted by the applicant.
BACKGROUND
ApplicaN: Isbell Engineering Sanger, TX
The applicant requests the Alternative Development Plan in order to address the inability to
provide landscaping and trees as a buffer for the single-family residences to the west. The
DeNon DevelopmeN Code requires that a buffer be provided between non-resideNial uses and
residential uses or zoning districts. According to Section 35.13.8.A. of the Denton Development
Code, a buffer consisting of a minimum six-foot (6') high screen may be created with any
combination of the following:
a. Fencing
i. Wood fence constructed with steel posts and a decorative cap with the good side facing
the residential use or zoning district.
ii. A minimum of 10 foot landscaped area with one tree for every 30 linear feet.
b. Vegetative buffer
i The buffer width is a minimum of 30 foot wide and,
ii Existing and proposed vegetation is a minimum 50% opaque.
c. Berms
i. A maximum of a 1 on 4-side slope facing the resideNial use or zoning district with a
minimum of an 8' wide top.
ii. The minimum quaNity of plan material shall be calculated as follows:
(a) 1 large tree per 30 linear feet, plus
(b) 2 small trees per 30 linear feet, plus
(c) 10 shrubs per 30 linear feet
The applicam chooses to fence and to not provide the full ten-foot (10') landscaped buffer and
trees due to site constraints.
The imem of the Site Design Standards is to minimize adverse effects on surrounding property
owners and the general public, and to ensure that high quality developed is maimained
throughout the community. The applicant proposes to plant street trees (in addition to the
minimum street tree requirement) along State School Road, add architectural details to the
primary structure, and replace the existing buffer fence with a decorative fence along the western
property line in order to meet the intent of the Site Design Standards.
Staff held a pre-design meeting with the applicam on September 24th, 2004. Staff and the
applicam reached the conclusion that an Alternative Developmem Plan (ADP) would be required
in order to develop the site without the required landscaping and tree buffers.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-0).
OPTIONS
1. Approve as submitted.
2. Approved with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
ESTIMATED PROJECT SCHEDULE
The subject property is platted.
PRIOR ACTION/REVIEW
Ordinance 2002-040, adopted in February 2002 placed the subject property in the Regional
Cemer Commercial Neighborhood (RCC-N) zoning district and land use classification.
Prior to the adoption of the DeNon Developmem Code (Ordinance No. 2002-040), the property
was zoned General Retail.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Aerial Photo
4. Applicam's Response to Criteria for Approval
5. Fencing Agreement
6. Site Plan
7. Elevation
8. January 12th P&Z Meeting Minutes
9. Ordinance
Prepared by:
Chingyun (Kay) Liang
Planner I
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary_ of Request
The applicant is proposing a restaurant on this a.833-acre site. The subject site is located within
the Regional Cemer Commercial Neighborhood (RCC-N) zoning district. The imem of this
Alternative Development Plan is to address the issue of buffering.
According to Section 35.i3.8.A. of the DeNon Developmem Code, a buffer is required when
non-residemial uses are adjacem to residemial uses or zoning districts. The Code requires that a
minimum six-foot high screen be provided through any combination of the following:
a. Fencing
i Wood fence constructed with steel posts and a decorative cap with the good side facing
the residential use or zoning district.
ii A minimum of ia foot landscaped area with one tree for every 30 linear feet.
b. Vegetative buffer
i The buffer width is a minimum of 30 foot wide and,
ii Existing and proposed vegetation is a minimum 50% opaque.
c. Berms
i A maximum of a i on 4-side slope facing the residemial use or zoning district with a
minimum of an 8' wide top.
ii The minimum quamity of plato material shall be calculated as follows:
(a) i large tree per 30 linear feet, plus
(b) 2 small trees per 30 linear feet, plus
(c) ia shrubs per 30 linear feet
The applicam chooses fencing but is unable to provide the full ten-foot (ia') landscaped buffer
and trees due to site constraints.
A buffer is required for the neighboring residents west of the subject property. In order to
provide adequate fire lane and due to the location of existing utility easemems, the applicam is
providing a fence and three and half-foot (3 1/2') landscaped area without trees. A six-foot (6')
fence exists between the subject property and the residences to the west. The applicant intends
to replace the existing fence with an eight-foot (8') high fence with brick columns and trims, and
adding enhanced architectural details on the main structure. In addition, the applicant exceeds
the tree canopy requirement with additional trees along State School Road and surrounding the
main structure.
Existing Condition of Property
The proposed site is curremly vacam.
Adjacem Zoning
North: Regional Cemer Community Neighborhood (RCC-N) - Car Wash Facility
South: Neighborhood Residemial 2 (NR-2) - Vacam
East: Regional Cemer Community Neighborhood (RCC-N) - Medical Facility and Car Lot
West: Neighborhood Residemial 4 (NR-4) - Single-Family
Comprehensive Plan Analysis
The subject site is located within the "Regional Mixed Use Center" future land use area. The
focus area contains the shopping, services, recreation, employment, and institutional facilities
supported by and serving an entire region. A regional center could include a regional shopping
mall, a number of major employers, restaurant and entertainment facilities, a large high school or
community college, and high-density housing. A regional activity center is considerably larger
and more diverse in its land uses than any other activity center. It includes vertically integrated
uses where different uses may occur on each floor of the building.
Development Review Analysis
The subject site is located within Regional Center Commercial Neighborhood (RCC-N) zoning
district, which allows the development of restaurants. The design standards require fencing,
landscaping, and trees as buffer between non-residential and residential developments. The
applicant proposes additional trees along State School Road and the main structure as one of the
mitigating measures. It was noted during the development review process that State School
Road will be widened in the near future, causing land disturbance and the relocation of utility
facilities to where the street trees are currently proposed. Staff suggests postponing street tree
planting until a later time for better survival rate and will accept an escrow fund for such
purpose.
Alternative Development Plan Criteria
Section 35.13.5 states that an applicant may propose an Alternative Development Plan (ADP),
which meets or exceeds the design objectives of this Subchapter but does not meet the standards
of this Subchapter. It further identifies the following Criteria for Approval of an ADP. The
goals and objectives which must be met, and by which the proposal will be judged are:
1. Preserve Existing Neighborhoods.
The proposed restaurant is a permitted use within RCC-N zoning district. A car wash
facility already exists to the north of the site with medical facility and car lot to the east.
The proposed development is compatible with the existing non-residential developments,
while maximizing the compatibility with neighboring residences through decorative
fencing and architectural features for the main structure. The property owner has reached
an agreement with the neighboring residences on fencing arrangement. (Attachment 5)
2. Assure quality development that fits with the character of Denton.
The proposed development will conform to the criteria of the Denton Development Code,
ensuring the construction and the site design to be compatible with the character of
Denton and the specific area.
3. Focus on new development to activity center to curb strip development and urban
sprawl.
The strip development and the urban sprawl requirement do not apply.
4. Ensure that infrastructure is capable of accommodating development prior to the
development occurring.
Adequate water and sewer infrastructure exist to serve the proposed development.
Adequate drainage capacity will be provided prior to obtaining building permit.
The applicant's response to the Criteria for Approval is provided in Attachment 4.
Staff Findings
The proposed Alternative Development Plan is generally in compliance with the intent of the
Denton Development Code. The applicant will need to replace the existing fence, and provide
an escrow fund acceptable to the City until the street trees along State School Road are planted.
Staff Recommendation
Staff recommends approval of the requested Alternative Development Plan with the following
conditions:
The property owner shall replace the existing fence between the subject site and
residences to the west with the eight-foot (8') fence as proposed in the approved site plan
and elevation. The good side of the fence must face the residential use.
The property owner shall establish an escrow fund in the amount of three thousand and
six hundred dollars ($3,600.00) for the planting of 18 street trees along State School
Road. The street trees shall be planted once the widening of State School Road and
relocation of public utilities commence. Such escrow shall be released once the trees are
planted. If the applicant installs the required trees, the escrow fund will be released by
the City.
ATTACHMENT 2
Location Map
NORTH
SITE
Zoning Map
NR-2
ATTACHMENT 3
Aerial Photo
NORTH
ATTACHMENT 4
Applicant's Response to Criteria for Approval
Preserve Existing Neighborhoods.
The Sonic will be a high quality addition to the neighboring Express Car Wash. The
proposed brick architecture is contextual with the Texas Cancer Center across State
School Road. The Sonic will include high-quality buffering to the residences behind the
Sonic. This buffering will include an 8-foot eight inches enhanced wood fence with brick
columns that will be along the property line. The buffer will also include bushes and
plains in from of the fence. This common fence will both preserve and enhance the
existing neighborhood, since the currem houses only have wood fences.
Assure quality development that fits with the character of Denton.
The high quality brick building with brick outer canopy posts will be in character with
the neighborhood and Demon. The enhanced architecture, screening fences, and
landscaping will be an attractive addition to Denton.
Focus on new development to activity center to curb strip development and urban
sprawl.
The drive-in restauram is permitted in the RCC-N zoning district and is infill
developmem. The site was already plated as the Brier Cliff Cemer and completes the
development of the Center. Commercial establishments, such as the Express Car Wash,
the Texas Cancer Cemer, the James Wood car lot, and Exxon are already on both sides of
State School Road.
Ensure that infrastructure is capable of accommodating development prior to the
development occurring.
The water and sewer infrastructure is capable of accommodating the development.
Drainage improvements may be necessary and will be addressed at the site plan stage.
Ralph L. Mason Revocable Trust
5725 N.W. 132nd Street, Oklahoma City, Oklahoma 73142
405-722-9390
405-720-9113 (fax)
November 16, 2004
Fencing between Sonic Drive-In restaurant on State School Road in Denton, Texas and
adjacent property owners
Dear Neighbors:
The Ralph L. Mason Revocable Trust is the owner of the Sonic Drive-In location on State
School Road in Denton ("Sonic"). The purpose of this letter is to confirm an agreement that Sonic
will cause the construction of a new privacy fence between the Sonic property and your adjacent
properties, in replacement of the fencing which is in existence at the present time.
The new fencing will be constructed on the property line between the Sonic property and
your adjacent properties, at Sonic's sole cost and expense.
Sonic will remove and dispose of the existing fencing in order to construct the new fence.
The new fence will be const~'ucted as promptly as reasonably possible after the removal of the
existing fencing.
Please signify your agreement to this arrangement with your signature, printed name, and
address in the blm~ks provided below.
Very truly yours,
Ralph L. Mason Revocable Trust
~alph! L. Mason7 T~-~st'ee
3738928vi 219203/00009
AGREED:
(printed name)
(address)
(signath. ei
(printed n .ame)
(address)
(signature)
(printed name)
(address)
(signature)
(printed name)
(address)
(signature)
(signature)
(printed name)
(printed name)
(address)
(address)
3738928vl 219203/00009
AGREED:
(signature)
(printed name)
(signature)
(printed name)
(address) ~e.,v-xt-~,.,-x t ? 't-, "'/(a a i 0 (address)
(signature) : (signature)
(printed name)
(printed name)
(address) (address)
(signature) (signature)
(printed name)
(printed name)
(address) (address)
3738928vl 219203/00009
Kay Liang - State School signatures Page 1 ]
From:
To:
Date:
Subject:
"Scott Mayno(' <smaynor@isbellengineering.com>
<kay. liang@cityofdenton,com>
1t6f05 2:46PM
State School signatures
Hi Kay,
Attached are two PDF sheets with the Bolton's signatures. The signature for
the owner at 2912 Tomlee is not necessary because that property backs up to
the car wash and is not affected by the proposed Sonic fence. Thanks,
Regards,
Scott L. Maynor, P.E.
Project Engineer
Civil Division
I!
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COMMISSIONER STRANGE: The next item is an
alternative development plan. It's for approximately .833
acres of land located in the regional center conm~erelal
downtown zoning. The proposed site is generally located
west of State School Road and north of Brighton Drive. A
restore'ant is proposed. Ms. Liang.
MS. LIANG: Good evening, Coaurdssioners.
The applicant has proposed an alto'native development
plan, the 0.833 acre site northwest of State School Road
and Brighton Drive. The subject site is zoned RCCN and
thc proposed use is restaurant. The purpose of this
alternative development plan is to address the buffer
issue outlined in Subchapter 13 of the Denton Development
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is that the intent?
MS. Lb~N'G'. Yes.
MR. tNYDER: okay. You don't mean release
money back to the developer?
MS, LIANG: If in the instance that the
developer is unable to plant lhe street trees, the escrow
will be used to plant those lrcea. If the applicant
planted those trees --
MR.. tNYDER: okay. I undersland. I
understand. In other words, the developer will plant the
~rees after the construction is done. If he doesn't, then
we'll asa the money.'?
MS, LL~IqO: Right.
Code. For nonresidential uses abutting residential uses
or district, the applicant is required to provide
buffering using one of the three options outlining
Subchapter 13.
The applicant has chosen to provide a wood
fence with a minlmmn of ten feet landscaped area, and
trees pct- 30 linear feet, one tree per 30 linear feet.
Due to site constraints, the applicant is
pmvidlng tl~'ee and a half feet of landscaping buftN with
no trees. And the applicant is proposing to mitigate the
effects tlLrough enhanced buildings with additional trees
on site.
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MR. SIqYDER: okay.
COMMISSIONER STRANGE: Anyone else have a
question? Okay. This is a public hearing and is
applicant here and do they wish to speak?
MS, CARPENTER: NO cards.
Ms, A~PElx'HEIM: Good evening. I'm Vickl
Appenhehn with Isbell Engineering Group, 1405 West Chapman
Drive in Sanger, Texas. I'm pleased to present the
alternative development plan for the proposed Sonic on
State School Road. We have worked extensively with the
staff as well as met with neighborhood residents to
develop this plan. And we believe it meets all of the
Page 34
In addition, the applicant reached an
agreement with neighboring residents to replace the
existing six-foot fence with an eight-foot fence. Also,
due to future expansion of the State School Road, possible
relocation of public utilities as a result. It is
recmmnended that street trees along State School Road be
planted at a later thne. The staff recommendation is
approval with two conditions. The first one is the
property owner shall replace the existing fence between
the subject site and residences to the west with the
eight-foot fence as proposed in the approved site plan and
elevation. The good side of the fence must face the
residential use.
Second, the property owner shall establish
an escrow in the amount of $3,600.00 for the planting of
18 street trees along State School Road. The street trees
shall be planted once the widening of State School Road
and relocation of public utilities cmranence. Such escrow
shall be released once the trees are planted. This
concludes the presentation and staff is open for question.
COMMISSIONER STRANGE: Anyone have a
question of staff?. Mr. Snyder.
MR. SNYDER: when you say the escrow wiLl
be released once the trees are planted; you mean, the
money will be used towards the cost of planting the trees;
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criteria for approval.
I just want to mention that the owner Mason
Harrison Gcrrard is the largest Sonic franchise in the
country with over 300 Sonics in U.S. and Mexico. And
Sonic has been a very good neighbor in the City of Denton
sponsoring local charities and causes as well as earning
yard of the month two times. We need an ^DP because a
landscape buffer is required between the Sonic and thc
adjacent residents to the west. This buffer is also
supposed to include trees as well. We are providing
enhanced architectural and landscaping features [o make up
for the lack of full buffer.
The site has been mentioned is on State
School Road and Brighton. There are some surrounding uses
-- this aerial really doesn't reflect the existing car
wash, but there is an existing car wash to the north,
Express Car Wash. There's also the Exxon, Texas Cancer
Center across the street from James Wood. It is
surrounded by developed propo'ty. Right now the site is
vacant. As you can see there are some wood fences along
the rear of the property. This is the Brighton Drive
side, and again, you can see thc size of these fences,
six-foot wood fences on thc neighboring properties.
Adjacent businesses I've mentioned, James
Wood, Cancer Center across the street Exxon. The existing
PLANNING AND ZONING MINUTES JANUARY 12, 2005 Page 33 - Page 36
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conditions make it impossible to develop the currant site
with a 10-foot buffer. The site was platlcd in 2003 as a
Briarcliff Center. The site currently platted with a
24-foot access caseanent. It must also serve as a fire
lane. The access casement includes no room for this
buffer, the 10-foot buffer. There's no room between the
casement and the property line.
The site is a rcmanent tract, as I've
mentioned, fully developed. There's no opportunity to buy
or purchase any other property. And there's a car wash
next door that did not meet this full buffer as well, and
they only provided a wood fence. This is the pint,
Briarcliff Center, the access easemeut, 24 feet in the
tear, which as I've mentioned would also serve as a fire
lane. And this is rite car wash next door. They have
provided a wood fence not enhanced in any way. And as you
can see, there's some utility poles behind that, and then
the abutting property.
So we am providing an enhanced buffer
fence, eight feet, eight inches tall rather tban six feet
as required. It will also have Cedar wood pickets and
one-foot masonry colmnns. We're also providing a
three-loot matching screening fence that will match this
buft~ fence. We also have enhanced brick banding on the
buildings, brick sign and pole and we would literally be
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Wc believe that all of these enhancements
meet the criteria for an approval for an ADP. We are
preserving the existing neighborhood by enhancing the
existing neighborhood and providing this fence that
adjacent neighbors are in support of. We are showing
quality development in providing a top quality Sonic that
is really a deluxe model of a Sonic. And development is
within an existing developed area, and we are sure that
proper infrastructure wilt be available. Thank you. I'm
here for any questions. We also have the architect here
as well if you have any specific questions.
COMMISSIONER STILANGE: I have one -- and I
notice on your schematics, you're showing those brick
columns eight foot on center?
MS. APPENHEIM: Yes.
COMMISSIONER STRANGE: That's not a typical
detail; that's the way you're going to build that fence?
MS. APPENHEIM: well, it's somewhat
typical, but we're asked by the City staff to line up as
closely as possible to the lot lines. So they may be a
little off, but it will be basically eight feet on center.
COMMISSIONER STRANGE: BUt I want to make
sure that we're not going to end up with three columns in
a hundred and something feet. So you are planning on --
because those do add a lot to the fence and contribute to
Page 38
investing tens of thousands of dollars into this Sonic
beyond a typical Sonic, whether it be an enhanced patio,
pavers for the parking area. There will be trees along
the building instead of a typical sidewalk.
There will be mom street laces than
required. And the landscaped area is beyond the required
landscaping. Again, I'm illustrating that there really is
no room between the property line and onr property to
place this buffer. There is 7.6 feet from the existing
fence line, which is shown by the aerial and our property~
Our landscape plan shows a buffer fence and we're going to
have bushes that will abut that fence as well as the
street ta'ees along State School Road.
Again, the fire lane is shown on the site
plan. And this is tile proposed fence with Cedar posts and
masonry colmnns. By the way, the masonry colmnns will
line up as close as possible to the lot lines of the
adjacent properties. This is a vision of what this Sonic
will look like with the brick features and enhanced
architecture. Again, here is another view of tile Sonic
from State School Road. Here are some of the elevations.
We have enhanced brick features, a banding, an enhanced
signage, and again, as well, on the other facades. This
is the screening walt that wilt match the buffer fenc~ as
well as the trash enclosure and the sign.
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the strength of it as well.
MS. APPENHEIM: That's right.
COMMISSIONER STRANGE: Anyone else have a
question of the applicant? Okay. Thank you.
MS, APPENHEIM: Thank you.
COMMISSIONER STRANOE: we have no cards on
this issue. Is them anyone who wishes to speak on this?
If not, do we have a motion? I will close the public
hearing. Do we have a motion? iVfi'. Roy.
COMMISSIONER ROY: I'd like to ask a
question of staff. The applicant mentioned the car wash
not meeting the buffer requirements. I recall that case
coming before us. But for the life of me, I cannot
remember discussing a failure to meet the buffer
requirements. I assume that case came before us after the
new Code. Can you confirm that the car wash was approved
by us without meeting tile buffer requit, emcnts?
MS. LIANG: That's correct. That was
approve&
COMMISSIONER ROY: ?hank you.
COMMISSIONER STRANGE: Ally Other questions'?
Mr. Roy.
COMMISSIONER ROY: Yes. I move approval of
Item 7A with thc conditions imposed by staff.
COMMISSIONER STRANGE: DO we have a second?
PLANNING AND ZONING MINIYFES JANUARY I2, 2005 Page 37 - Page 40
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COMMISSIONER TFIIBODEAUX: second.
COMMISSIONER STR_A. NGE: second by Ms.
Thibodeaux. We have a motion by Mr. Roy, a second by Ms.
Thibodeaux. Any furfl~er discussion? If nor, we will
vote. The vote passes 6-0.
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Page 44
PLANNING AND ZONING MINUTES JANUARY 12, 2005 Page 4I - Page 44
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
DEVELOPMENT PLAN FOR APPROXIMATELY 0.833 ACRE OF LAND GENERALLY
LOCATED WEST OF STATE SCHOOL ROAD AND NORTH OF BRIGHTON DRIVE AND
LEGALLY DESCRIBED AS LOT 1, BLOCK 2 OF BRIER CLIFF CENTER IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMLgVI
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABmITY CLAUSE AND AN
EFFECTIVE DATE.
(ADP04-0004)
WHEREAS, Isbell Engineering has applied for an alternative development plan which is on
file in the City's Planning Department, a copy of which is attached hereto and made a part hereof as
Exhibit "A" (the Alternative Development Plan), on approximately 0.833 acre of land legally
described as Lot 2, Block 1 of Brier Cliff Center (the "Property") located in a Regional Center
Community Neighborhood (RCC-N) zoning district; and
WHEREAS, on January 12, 2005, the Planning and Zoning Commission recommended
approval of an Alternative Development Plan; and
WHEREAS, the City Council finds that the Alternative Development Plan is consistent with
the Denton Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The £mdings and recitations contained in the preamble of this ordinance are
incorporated herein.
SECTION 2. The Alternative Development Plan is hereby approved for the Property to allow'
alternative buffer requirements, subject to the following conditions:
a. The property owner shall replace the existing fence between the subject site and
residences to the west with the eight-foot (8') fence as proposed in the approved
Alternative Development Plan and elevation. The smooth side of the fence must face the
residential use.
b. The property owner shall deposit with the City the sum of three thousand and six hundred
dollars ($3,600.00) (the "Deposit") as security for the planting of 18 street trees along
State School Road. The property owner shall plant the required street trees after the
widening of State School Road and relocation of public utilities. When the property
owner completes the planting of the required street trees the City will refund the Deposit ·
to the property owner. If the property owner fails to complete the planting of the required
street trees after receiving 60 day written notice from the City, the City may use the
Deposit together with any interest accrued thereon to complete the planting of the street
trees.
Page
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Anyperson violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fOurteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
__ day of ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2
Exhibit A
I!lI
Iill !,l~I
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AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
February 1, 2005
Parks and Recreation
Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance approving an amendment to Interlocal Agreement for
Use of Denia Park by University of North Texas; authorizing the City Manager, or his
designee, to execute the amendmem; and providing for an effective date. (The Park Board
recommends approval by a vote of 6-0).
BACKGROUND
The University of North Texas will begin its second year of play in NCAA Division 1
Women's softball this spring. 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 second season.
UNT has proposed that it use two of the four softball fields in Denia Park until May
2005, 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:
shade structures, scoreboards, and fencing materials. In addition, UNT will provide
through the City free admission to its tournaments, a discount to its summer softball
camp, 2 free softball clinics 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 DeNon 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.
A meeting was held with the Denia Neighborhood Association after UNT notified the
City that they were interested in extending the agreement. UNT agreed to the following
items in order to comply with the neighborhoods request: 1) UNT will not schedule
games to begin before 9am or after 8pm; 2) UNT will keep the amplified sound levels at
or below the City required decibel levels-no trumpets or bugles are allowed.
In addition, UNT's activities will coincide with the period during which the youth
associations are curremly using the complex. UNT scheduled a minimum number of
home games, and plans to play 14 dates between February 9 and May 8, 2005. 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 with 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 agrees to complete all facility upgrades by May 15, 2005.
PRIOR ACTION/REVIEW
The Parks, Recreation and Beautification Board recommended approval of the agreement
at its meeting on January 3, 2005.
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
Janet Simpson, Director
Parks and Recreation Department
Prepared by
Kathy Schaeffer, Program Area Manager
Parks and Recreation Department
S:\Our Documents\0rdinances\04\lnterlocai-UNT-Amendmem Denia Park,doc
ORDINANCE NO.
AN ORDINANCE APPROVING AN AMENDMENT TO INTERLOCAL AGREEMENT FOR
USE OF DENIA PARK BY UNIVERSITY OF NORTH TEXAS; AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the University of North Texas ("LINT") and the City of Denton have previously
entered into an Interlocat Agreement dated July 15, 2003 for UNT's use of softball fields at Denia
Park (the "Existing Agreement"); and
WHEREAS, the City and UNT to extend and amend the Existing Agreement in substantially
the same form as the Amendment to Interlocal Agreement attached hereto and made a part hereof
by reference (the "Amendment"); and
WHEREAS, the City Council finds that the Amendment 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 Amendment is hereby approved. The City Manager, or his designee, is
hereby authorized to execute the Amendment on behalf of the City and to exercise the City's rights
and duties under the Amendment.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
EXHIBIT 1
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
AMENDMENT TO INTERLOCAL AGREEM'ENT FOR
USE OF DENIA PARK BY UNIVERSITY OF NORTH TEXAS
THIS AGREEMENT is made to be retroactively effective as of December 31, 2004 (the
"Effective Date") by and between the City of Denton (the "City") and University of North Texas,
a Texas State University ("UNT").
WHEREAS, the City and UNT have entered into that certain Interlocal Agreement
effective July 15, 2003 for the use of softball fields at Denia.Park (the "Agreement"); and
WHEREAS, the parties desire to make certain amendments to the Agreement (this
"Amendment"); and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties hereby agree as follows:
Section B of Article IV is changed from December 31, 2004 to May 31, 2005, but
with the agreement that UNT will provide the fall of 2005 clinic as provided in
Article VI.
2. The following is added to paragraph 1 of Article V:
"Submission of field scheduling requests .for the spring season must be submitted
to the City no later than January 15, 2005."
3. The following is added to paragraph 3 of Article V:
"The Denton Girls Softball President will have direct communication with UNT's
Women's Softball Coach regarding scheduling issues that may arise. Information
will then be shared with the UNT Assistant Director of Facilities and the Athletic
Supervisor of the City."
4. The following undertakings by UNT are added to Article VI:
a. No later then May 15, 2005 UNT wilt install at its expense scoreboards at
fields 1 and 3 that 'match the eXisting scoreboards at fields 2 and 4.
bo
No later then May 15, 2005 LINT will purchase fences and gates that meet
City specifications which will be installed by the City at the four openings
between the existing softball fields.
c. No later then May 15, 2005 UNT will pay the remaining balance at Sun Ports
for the sunshades that were installed in June, 2004.
UNT will coordinate with the City and Denton Girls Softball to make certain
that after all UNT use of Denia Fields 2 and 4 pitching robbers and safety
bases are reinstalled to meet Amateur Softball Association requirments.
However, it is understood that Denton Girls Softball will only use a pitching
robber at Field 4 during tournaments. A system will be developed by the City
to minimize any adverse impacts caused by these requirements.
e. UNT will not schedule any games to begin after 8:00 p.m.
f. LINT will not schedule games to begin before 9:00-a.m. during weekend
tournaments.
g. Amplified sound shall not exceed the decibel levels allowed by 'City
ordinance. No bugles or trumpets are permitted.
UNT will provide two one-day free clinics for the Girls Softball Association,
with one during the spring of 2005 and the other 'during the fall of 2005. The
actual dates will be agreed upon with the Girls Softball Association.
5. All other terms and conditions contained in the Agreement that are not expressly
mended or changed by this instrument shall remain in full force and effect.
SIGNED to be effectiVe as of the Effective Date as provided above.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
Euline Brock, Mayor
BY:
APPROVED A.S TO LEGAL FORM:
HERBERT~.T~~ORNEY
BY:
TEXAS
AWE'ST!
APPROVED AS TO LEGAL FORM:
Page 3 of 3
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Frank Borman
School
Denia Recreation
Field Field
~ #2
Denia Park
Softball Complex
Denia .Park
i
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EXHIBIT 3
Denia Park Softball Complex
Field #4
Field #3
\
Field #2
Field #1~)
· ~
Draft
Parks, Recreation and Beautification Board
Minutes
January 3, 2005
Members present: Teresa Andress, Ross Richardson, Jo Kuhn, Chuck Smith, Patrice
Lyke, and Geri Aschenbrenner. Staff present: Emerson Vorel, John Whitmore, Bob
Tickner, Janie McLeod, Lorraine McGregor, Cathy Avery, and Gary Calmes.
Chairman Teresa Andress called the meeting to order at 6:00 p.m.
Awards and Recognition - Emerson announce the winners from the Parks and Recreation
Awards luncheon that recognizes employees outstanding performances.
Approvals of Minutes - Minutes from the December 6, 2004, meeting were accepted as
distributed.
ACTION ITEMS
Revised Fees for the Civic Center - Lorraine discussed the revised fees for the rental of
the Civic Center. She commented that there had been a few inconsistencies with the fees
but that they had been resolved. Lorraine added that the fees are competitive with other
facilities in the area.
ACTION: Geri Aschenbrenner made a motion to approve the revised proposed rental
fees. Jo Kuhn seconded the motion and it was passed unanimously.
UNT Use of Denia Fields - John discussed UNT's request for the use of the Denia Park
ballfields. John said UNT would make a financial contribution for the improvements and
use of the fields. Staff has met with the Denia Neighborhood Association and
incorporated their concerns into the interlocal cooperation agreement between UNT and
the City.
ACTION: Ross Richardson made a motion to approve UNT's request to use the fields
and provide the improvements agreed upon in the interlocal agreement. Jo Kuhn
seconded the motion and it was passed unanimously.
DISCUSSION ITEMS
Aquatic Center Fiscal Year 2003-04 Operation Report. John reviewed the report page by
page with the Board. John commented that the largest factor in the reduced revenue for
the water park was the number of rain days during the summer months. John asked if the
Board had any questions; they did not.
DIRECTOR'S REPORT
Project Status Report - There were no questions regarding the distributed report.
There being no further business, the meeting adjourned at 6:55 p.m.
EXHIBIT 4
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
February 1, 2005
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
SUBJECT
Consider adoption of an Ordinance accepting competitive sealed best value bids and awarding a
contract for purchase of Underground Electric Service Installation for Denton Municipal
Electric; providing for the expenditure of funds therefore; and providing for an effective date
(Bid 3240-Three Year Contract for Underground Service installation awarded to Barco
Construction, inc. in the estimated amount of $1,000,000). (The Public Utility Board approved
this item by a vote of 4-0).
BID INFORMATION
A contract for the installation of underground utilities has been in place since February 2000.
This service was originally contracted out to accommodate the rapid rate of growth in Denton
and the City's desire to install underground facilities in all new subdivisions and in locations that
make economic sense. This contract has been re-bid in compliance with State law and to update
and modify the four-year old agreement. Bid 3240 consists of the labor, equipment, tools, and
supervision, and will cover all administrative and insurance costs incurred by the contractor
necessary to complete installations of electric service facilities under the direction of Denton
Municipal Electric (DME) staff. DME will provide all permanent electric materials installed by
the contractor. Anticipated work will be performed for underground construction in residential
subdivisions, commercial and industrial developments, and overhead conversion projects. This
agreement will not guarantee any minimum amounts of construction and will be used on an
as-needed basis as selected by DME.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
A committee consisting of Ray Wells, Assistant Director of Utilities, Pete Shaw, Manager of
Electric Distribution, Brent Heath, Senior Engineer for Electric Utilities, Chad Allen, Senior
Engineer, and Karen Smith, Senior Buyer for Utilities, evaluated the bids. The following
companies submitted bids: Barco Construction, inc., C&C Directional Boring, and SouthWin,
inc. The bid submitted by SouthWin, inc. was considered non responsive for non-compliance
with the bid specifications and was not included in the evaluation. SouthWin, Inc. took
exception to the bond requirements.
Agenda Information Sheet
February 1, 2005
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (CONTINUED)
The bid evaluation committee used the following criteria to rank the bids according to best value
and provide the recommendation listed in the next section:
1. Cost
2. Safety
3. Experience working with an Electric Utility
4. Certification of journeyman
5. Number of crews accessible to Denton Municipal Electric at one time
The Public Utility Board approved this item at its January 24, 2005 meeting.
RECOMMENDATION
Award to Barco Construction, Inc. in the estimated amount of $1,000,000.
PRINCIPAL PLACE OF BUSINESS
Barco Construction, Inc.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
Size and type of service installation will be determined by each specific project. This is a three-
year agreement that 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
Each project will be funded from revenue bond funds and the appropriate budget accounts.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE SEALED BEST VALUE BIDS AND
AWARDING A CONTRACT FOR PURCHASE OF UNDERGROUND ELECTRIC SERVICE
iNSTALLATiON FOR DENTON MUNICIPAL ELECTRIC; PROViDiNG FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE
(BID 3240-THREE YEAR CONTRACT FOR UNDERGROUND SERVICE iNSTALLATiON
AWARDED TO BARCO CONSTRUCTION, INC. IN THE ESTIMATED AMOUNT OF
$1,000,000).
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 based on the best value as determined by using the selection criteria set forth
in the request for bids; and
WHEREAS, the City' s selection committee has reviewed and recommended that the herein
described bids are the best value based on the selection criteria for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City's Purchasing Agent has determined that the best value bid process
provides the best value to the City for this procurement; 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 best value based on the selection
criteria contained in the request for bids for such items:
BID
NUMBER VENDOR AMOUNT
3240 Barco Construction, Inc. 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 on file in the office of the Purchasing
Agent; 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 ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 3240 ~:~'
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CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
January 24, 2005
DRAFT
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, January 24, 2005,
at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
PRESENT:
Bob Bland, George Hopkins, Charldean Newell, Dick Smith
EXCUSED:
John Baines
Bill Cheek
Phil Gallivan
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM/Utilities
CONSENT AGENDA:
1)
Consider approval of Bid No. 3282 from ABB, Inc to enter a three-year agreement for the
purchase of distribution switchgear and control buildings for substations in an amount not to
exceed $1,482,021.
2)
Consider approval of Bid No. 3240 from Barco Construction, Inc. to enter into a three-year
agreement for the purchase of underground electric service installation for Denton Municipal
Electric in an amount not to exceed $1,000,000).
3)
Consider approval of Bid No. 3262 from Greenville Transformer Company, Inc. for the
purchase of distribution transformer repair services for Denton Municipal Electric in an
amount not to exceed $140,588.
4)
Consider approval of a professional services agreement with R.W. Beck, Incorporated for
professional consulting services to provide the Solid Waste Department with an operational
review in an amount not to exceed $75,000.
Board Member Dick Smith moved to approve Consent Agenda Items 1-4, with a second
from Board Member Bob Bland. The motion passed by a vote of 4-0.
Page 1 of 1
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
February 1, 2005
Economic Development
Mike Conduff ~
SUBJECT
Consider adoption of an ordinance of the City Council of the City of DeNon, Texas, approving
an agreemem between the City of DeNon and the DeNon Affordable Housing Corporation;
providing for the terms of said contract; authorizing the City Manager to execute the agreement
and to expend funds with respect to the agreement; and providing for an effective date.
BACKGROUND
On May 4, 2004, City Council approved the 2004 Action Plan for Housing and Community
Development. The Action Plan included an allocation of $140,000 to the DeNon Affordable
Housing Corporation (DAHC) for the Affordable Housing Opportunity Program (AHOP). This
program emails the purchase, rehabilitation and sale of single-family units to eligible households.
A minimum of four units will be assisted using 2004 HOME funding and program resale
proceeds.
ESTIMATED PROJECT SCHEDULE
The expenditure of funds for AHOP would begin immediately and be expended by the comract
completion date of December 31, 2005.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Developmem Advisory Committee recommended approval of the funding for
AHOP as a part of the City's 2004 Action Plan for Housing and Community Development.
FISCAL INFORMATION
Funding for the proposed project will be awarded from the City's 2004 Home Investmem
Partnership Program (HOME) allocation
EXHIBITS
1. Ordinance
2. Contract
Respectfully submitted:
Linda Ratliff
Director of Economic Development
Prepared by:
Barbara Ross
Community Development Administrator
S:\Our Documcnts\Ordinancos\05\DAl lC.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
AFFORDABLE HOUSING CORPORATION; PROVIDING FOR THE TERMS OF SAID
CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
AND TO EXPEND FUNDS WITH RESPECT TO THE AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has received funds from the U.S. Departmem of Housing and
Urban Developmem under the National Affordable Housing Act of 1990 as amended by the
Housing and Community Developmem Act of 1992; and
WHEREAS, the City has adopted a budget for such funds included therein an authorized
program budget for expenditure of funds, for operating costs and project funding for the DeNon
Affordable Housing Corporation (DAHC); and
WHEREAS, the City Manager has determined that the DAHC is the only state-certified
community housing developmem organization (CHDO) that includes the required number of low
income citizens from the City on its board of directors necessary to satisfy federal requiremems
to serve the City's geographical area and that DAHC has provided management services to the
City to provide affordable housing within the City which as significamly benefited the
community; and
WHEREAS, DAHC has a demonstrated history of significant service to the community
in the area of affordable housing; and
WHEREAS, this agreement, therefore, qualifies as a sole source procurement in
accordance with §252.022(7)(f) of the TEX. LOC. GOV'T CODE and does not need to be
competitively bid; and
WHEREAS, the City Council deems it in the public interest to enter into an agreement
for an affordable housing program with the DAHC; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the attached Agreement between the
City and the DAHC to provide for an affordable housing program in accordance with the terms
of this Agreemem, which Agreemem is made a part of this ordinance for all purposes, and
authorizes the City Manager to execute this Agreement.
SECTION 2. That the City Council authorizes the expenditure of funds for operating
costs and project funding for the DAHC in accordance with the terms of the attached Agreement.
S:\Our Documcnts\Ordinancos\05\DAl lC.doc
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documcnks\Con/racts\05\DAlIC con/tact. DOC
AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON AFFORDABLE HOUSING CORPORATION
This Agreemem between the City of Demon and the Demon Affordable Housing
Corporation CAgreemem'') is made and emered imo by and between the City of Demon, a Texas
municipal corporation ("CITY"), acting by and through its City Manager, pursuam to ordinance, and
the Demon Affordable Housing Corporation, Demon, Texas a certified non-profit community
housing developmem corporation, ("CONTRACTOR").
WHEREAS, CITY has received funds from the U. S. Departmem of Housing and Urban
Developmem under the National Affordable Housing Act of 1990 as amended by the Housing and
Community Developmem Act of 1992;
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized
Program Budget for expenditure of funds for provision of an affordable housing program by the
Denton Affordable Housing Corporation included as Attachment "B";
WHEREAS, CITY has designated the Community Developmem Division as the division
responsible for the administration of this Agreement and all matters pertaining thereto; and
WHEREAS, the City Manager has determined that CONTRACTOR is the only state-
certified community housing developmem organization (CHDO) that includes the required number
of low-income citizens from the CiTY on its board of directors to satisfy federal requiremems
necessary to serve the CITY's geographical area; that the CONTRACTOR has provided
management services to the CITY to promote affordable housing within the CITY which has
significamly benefited the community; and CONTRACTOR has a demonstrated history of
significam service to the community in the area of affordable housing; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the
mutual obligations and to the performance and accomplishmem of the conditions hereinafter
described.
This Agreemem shall commence on or as of February 15, 2005, and shall terminate on
December 31, 2005, unless adjusted by the CITY. Request for such an adjustmem must be in
writing and is to be submitted to the Community Developmem Division.
RESPONSIBILITIES
A. CONTRACTOR hereby accepts the responsibility for the performance of all services
and activities, described in the Work Statement attached hereto as Attachment "A" and incorporated
herein as if set forth at length, in accordance with the Program Budget attached hereto as Attachment
"B" and the Schedule of Contract Activities attached hereto as Attachment "C" and incorporated
herein as if set forth at length, and as otherwise set forth herein, in a satisfactory and efficiem manner
as determined by CITY, in accordance with the terms herein.
B. CONTRACTOR's executive director shall be CONTRACTOR's represemative
responsible for the management of all contractual matters pertaining hereto, unless written notifica-
tion to the comrary is received from CONTRACTOR, and approved by CITY.
C. CONTRACTOR agrees that all individual projects under the Affordable Housing
Opportunity Program and the New Construction Program described in Attachmem "A" to be
assisted with HOME funds will have prior approval from the CiTY of Demon. CONTRACTOR
agrees that project delivery costs paid with HOME funds or HOME proceeds will not exceed more
than 10% of the total project cost as determined by the CITY.
D. The CITY's Community Developmem Administrator will be CITY's represemative
responsible for the administration of this Agreemem.
E. CONTRACTOR shall be certified as a "Community
Organization" (CHDO) with the State of Texas and the City of Demon.
maintain CHDO Certification for the duration of the contract term.
Housing Developmem
CONTRACTOR shall
F. CONTRACTOR shall not request disbursemem of funds until they are needed for
payment of eligible costs. The amount of each request will be limited to the amount needed as per
92.504 (c)(3)(viii).
G. CONTRACTOR shall not change the Program Budget without prior written
approval from the CITY.
H. CITY shall be responsible for performing a general environmemal review to insure
necessary compliances are met.
i. CONTRACTOR shall be responsible for performing a site-specific environmemal
review prior to acquisition of properties to be used for affordable housing projects. The site-specific
review must be submitted to the Community Developmem Division prior to final project approval.
J. CONTRACTOR shall conduct a public hearing at least once annually to review
proposed and in-progress activities and receive citizen input. Hearing(s) will be advertised at least
15 days in advance. Advertising, at a minimum, must include publication in a newspaper with local
circulation. The hearing may be combined with CONTRACTOR's annual membership meeting. A
summary of commems from the public hearing will be submitted to the Community Developmem
Division within 30 days of the date of the public hearing.
Page 2 of 14
K. CONTRACTOR shall provide timely notice to "neighborhood" residents prior to
increasing the number of units in the area by more than two single family or four multifamily units,
or prior to renovating more than five units. Notice will include contact information or identification
of opportunities for residents to comment on the proposed development. CITY staff will determine
"neighborhood" boundaries.
CITY'S & CONTRACTOR'S OBLIGATIONS
A. CITY shall provide funds in the amount of $140,000 or less in project funds to the
CONTRACTOR for specific housing projects and programs as described the Work Statement,
Attachment "A".
B. CONTRACTOR may request a maximum of $35,000 in 2004-'05 funds per unit.
Additional project costs may be paid with program proceeds and funds from other sources.
C. CONTRACTOR agrees to hold and save harmless the CITY, its officers and
employees from any and all loss, cost, or damage of every kind [including, property damage, bodily
injury or death], nature or description arising under this Agreement.
D. This Agreement and the payments made hereunder are contingent upon receipt of
U.S. Department of Housing and Urban Development funds pursuant to the HOME Investment
Partnership Program, and shall terminate immediately, not withstanding the provisions of Article
XIX hereof, should such funds be discontinued for any reason.
E. The CONTRACTOR may not request disbursement of funds until they are needed
for payment of eligible costs. The amount of each request by the CONTRACTOR shall be limited
to the amount needed in accordance with 24 CFR 92.504 (c)(3)(viii) and shall involve the activities
set forth in the "Contract Activity Schedule" attached as Attachment C.
F. CONTRACTOR may not request reimbursement for expenditures that occurred
more than ninety (90) days prior to the submission of the reimbursement request to the Community
Development Division.
G. Upon dissolution of the CONTRACT any remaining funds or assets derived from the
expenditure of the CiTY's funds, hereinafter sometimes described as the CiTY's HOME funds,
proceeds or HOME-funded projects, must be immediately returned to the CITY.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A. The CITY and CONTRACTOR agree to perform their duties arising pursuant to the
Agreement in compliance with the U.S. Department of Housing and Urban Development HOME
Investment Partnership Program regulations at 24 CFR 92.
B. CONTRACTOR shall comply with all prescribed procedures regarding
Page 3 of 14
nondiscrimination and equal opportunity, affirmative marketing, displacemeN and relocation, labor
relations, lead-based pain and conflict of iNerest provisions described in 24 CFR 92 subpart H and
24 CFR 92.504.
C. CONTRACTOR agrees to ensure that all HOME-assisted housing or housing
ideNified as match for the HOME program meets all affordability requiremeNs ideNified in 24 CFR
92.252 or 92.254. CONTRACTOR further agrees to develop a deed of trust for use with all HOME-
assisted units that incorporates these requirements, including remedies for breach of the agreement
provisions. CONTRACTOR will provide the CiTY with a copy of the deed of trust with provisions
described above for approval before the sale of any HOME-assisted units.
D. CONTRACTOR agrees that as a certified Community Housing DevelopmeN
Corporation, they will comply with 24 CFR 92.300 and 92.301.
E. If it is determined that the use of the funding provided by the CITY does not meet the
requirements of the U.S. Department of Housing and Urban Development HOME Investment
Partnership Program, the CONTRACTOR shall reimburse the CiTY for the costs determined to be
disallowed under the U.S. Department of Housing and Urban Development HOME Investment
Partnership Program regulations.
F. CONTRACTOR agrees that all housing assisted under this agreement will meet the
property standards requiremeNs in 24 CFR 92.251 and lead-based pain standards in 24 CFR
92.355.
G. CONTRACTOR agrees to comply with displacemeN and relocation requiremeNs at
24 CFR 92.504 and 92.353.
H. CONTRACTOR agrees to comply with procurement requirements at 24 CFR 84.44;
84.45; 84.46; 84.47 and 84.48.
i. CONTRACTOR agrees to comply with all applicable Federal laws, laws of the State
of Texas and ordinances of the City of DeNon.
REPRESENTATIONS
A. The CITY is providing funding to the CONTRACTOR in order to promote
developmeN of affordable housing. Use of funds for programming will meet this stated goal.
B. The CITY is the only agent authorized to designate changes to the Program Budget
or to approve specific projects and programs authorized pursuant to the non-administration portion
of the Program Budget.
C. CONTRACTOR assures and guarantees that it possesses the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action passed or ta&en, to enter
into this Agreement.
Page 4 of 14
D. The person or persons signing and executing this Agreemem on behalf of
CONTRACTOR, do hereby warfare and guarantee that he, she, or they have been fully authorized
by CONTRACTOR to execute this Agreemem on behalf of CONTRACTOR and to validly and
legally bind CONTRACTOR to all terms, performances and provisions herein set forth.
E. CITY shall have the right, at its option, to either temporarily suspend or permanemly
terminate this Agreemem if there is a dispute as to the legal authority of either CONTRACTOR or
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 Agreemem if
CITY has suspended or terminated this Agreement for the reasons enumerated in this Section.
F. CONTRACTOR agrees that the funds and resources provided CONTRACTOR
under the terms of this Agreemem 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 Agreemem not been executed.
PROGRAM INCOME
A. HOME program income is defined as all fees and interest payments on HOME-
assisted units/projects and any imerest income on deposited HOME funds or program proceeds
collected by the CONTRACTOR. Program income may be retained by the CONTRACTOR to be
used for HOME-eligible activities included in the Work Statemem included herein as Attachmem
"A". Provided, however that any interest on deposited HOME funds must be remitted to the CITY
on a quarterly basis.
B. HOME program proceeds are defined as income from the sale of HOME-assisted
housing. Proceeds may be retained by the CONTRACTOR for use on other HOME-eligible
activities included in the Work Statement included here as Attachment "A".
C. Any income generated from the use of HOME funds, proceeds, or any income
generated through subsequent use of these funds shall continue to be used by the CONTRACTOR
for HOME-eligible activities included in the Work Statemem in the City of DeNon. Use of the
funds on projects or programs other than those idemified in this Agreemem must be approved in
writing by the CITY. Any income retained and used by the CONTRACTOR must be available to
the CiTY as a matching contribution for the HOME program. Upon request, CONTRACTOR will
approve appropriate certifications stating that funding is available as a HOME program match to the
CITY.
7.
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 pursuant to this Agreement and
pursuant to any other applicable Federal and/or State regulations establishing standards for financial
management. CONTRACTOR's record system shall contain sufficient documentation to provide
detailed 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
Page 5 of 14
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 policies and procedures pertaining to the operation of programs and expenditures of
funds pursuant to this Agreement for the period of time and under the conditions specified by CITY.
C. CONTRACTOR shall submit a copy of each annual independent audit or any
organizational audit conducted, to the Community Development Division within 30 days of the date
of completion.
D. 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 pursuant to this Agreement.
E. At any reasonable time and as often as CITY may deem necessary, the
CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its
records and shall permit CITY, or any of its authorized representatives to audit, examine, make
excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions or employment and all other data relating to the program
requested by said representatives.
F. The CONTRACTOR shall give the City of Denton, the U.S. Department of Housing
and Urban Development, or any of their duly authorized representatives, access to and the right to
examine all books, accounts, records, reports, files and other papers belonging to or in use by the
CONTRACTOR pertaining to this Agreement. Such rights to access shall continue as long as the
CONTRACTOR is required to retain the records.
REPORTS AND INFORMATION
A. CONTRACTOR shall provide quarterly financial and beneficiary reports that shall
contain such records, data and information as CITY may request and deem pertinent to matters
covered by this Agreement. Reports shall be due to the Community Development Division within
45 days of the end of the quarter. CONTRACTOR shall provide any additional information as
requested by the CiTY within 10 days.
B. CONTRACTOR shall submit copies of all public meeting advertisements and
residents notifications setting forth the time and place thereof, including without limitation board of
director meetings, to the Community Development Division office at least 72 hours prior to the
meeting in accordance with Section 16 of this Agreement.
INSURANCE
A. CONTRACTOR shall observe sound business practices with respect to providing
such bonding and insurance as would provide adequate coverage for services offered under this
Page 6 of 14
Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted,
and the employees conducting these activities, shall be covered by premise liability insurance, com-
monly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon
request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage
arrangements.
C. CONTRACTOR will comply with applicable workers' compensation statutes and
will obtain employers' liability coverage where available and other appropriate liability coverage for
program participants, if applicable.
D. CONTRACTOR will maintain adequate and continuous liability insurance on all
vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who
are required to drive a vehicle in the normal scope and course of their employment must possess a
valid Texas driver's license and automobile liability insurance. Evidence of the employee's current
possession of a valid license and insurance must be maintained on a current basis in
CONTRACTOR's files.
E. Actual losses not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remain the sole responsibility of CONTRACTOR.
F. The policy or policies of insurance shall contain a clause which requires that CITY
and CONTRACTOR be notified in writing of any cancellation or change in the policy at least thirty
(30) days prior to such change or cancellation.
10.
EQUAL OPPORTUNITY
During the performance of this Agreement, the CONTRACTOR is subject to Executive
Order 11246, as amended, and, therefore, agrees to the following:
(1)
The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, or familial status.
The CONTRACTOR will take affirmative action to ensure that applicants who are
employed are treated during employment without regard to their race, color, religion,
sex, national origin, or familial status, concerning such employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or their apprenticeship. The CONTRACTOR agrees to post in
conspicuous places, available to both employees and applicants for employment,
notices to be provided by the CITY setting forth provisions of this nondiscrimination
clause.
(2)
The CONTRACTOR, in all solicitations or advertisements for employees placed by
or on behalf of the CONTRACTOR, shall state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex,
national origin, or familial status.
Page 7 of 14
11.
CONFLICT OF INTEREST
A. CONTRACTOR agrees to comply with the federal regulations at 24 CFR 92.356.
B. 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.
C. CONTRACTOR further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use this position for a purpose that is or
gives the appearance of being motivated by desire for private gain for themselves, or others,
particularly those with which they have family, business, or other ties.
D. 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 his personal interest or the interest in any corporation, partnership, or association in which he
has direct or indirect interest.
12.
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve any political activity
(including, but not limited to, any 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 or benefit in any, manner
any sectarian or religious activity.
13.
WARRANTIES
CONTRACTOR represents and warrants that:
A. All 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
Page 8 of 14
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.
hereunder,
conditions
CONTRACTOR has the power to enter into this Agreement and accept payments
and has taken all necessary action to authorize such acceptance under the terms and
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.
G. 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.
14.
COVENANTS
A. During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the
Community Development Administrator or her authorized representative:
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of
the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any
pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets
of CONTRACTOR which are allocated to the performance of this Agreement and with
respect to which CiTY has ownership hereunder.
(2)
Sell, assign, pledge, transfer or otherwise dispose of accounts receivables,
notes or claims for money due or to become due.
(3) Sell, convey, or lease all or substantial part of its assets.
(4)
Make any advance or loan to, or incur any liability for any other firm, person,
entity or corporation as guarantor, surety, or accommodation endorser.
(5)
Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds paid to CONTRACTOR by CITY, unless CiTY
authorizes such transfer.
Page 9 of 14
B. CONTRACTOR agrees, upon written request by CITY, to require its employees to
attend training sessions sponsored by the Community Development Division.
15.
MONITORING AND EVALUATION
Agreement.
CITY shall perform on-site monitoring of CONTRACTOR's performance under this
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, which are attached hereto as Attachment 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 members to coordinate the monitoring
process as requested by CITY staff.
E. CITY shall provide a written evaluation of contract performance to the
CONTRACTOR within 30 days of the monitoring. Written notification will be provided to staff and
the board of directors.
F. Within 60 days of notification by the CITY, the CONTRACTOR shall provide
complete responses include a statement acknowledging any corrective action required to be taken
due to City of Denton monitoring findings and concerns.
G. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by
any of CONTRACTOR's funding or regulatory bodies to CiTY within fifteen (15) working days of
receipt by CONTRACTOR.
16.
DIRECTORS' MEETINGS
A. CONTRACTOR shall ensure that all board of directors and membership meetings
are publicly advertised and an agenda posted with the City Secretary and the Community
Development Division at least 72 hours prior to the meeting. Such notice shall include an agenda
and a brief description of the matters to be discussed.
B. CONTRACTOR understands and agrees that CITY representatives shall be afforded
access to all of the Board of Directors' meetings.
C. Minutes of all meetings of CONTRACTOR's governing body shall be available to
Page 10 of 14
CITY within ten (10) working days of approval.
17.
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
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,
step-parent, step-child, half-brother and half-sister.
18.
SUSPENSION OF FUNDING
A. 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 (10) 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.
B. The period of such suspension shall be of such duration as is appropriate to
accomplish corrective action, but in no event shall it exceed thirty (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 all eligible funds withheld or
impounded during the suspension period, if, however, CiTY determines that CONTRACTOR has
not come into compliance, this Agreement may be terminated under Section 19 of this Agreement.
19.
TERMINATION
A. The CITY shall have the right to terminate this Agreement, in whole or in part, at
any time whenever the CiTY determines that the CONTRACTOR has failed to comply with any
term of this Agreement. The CiTY shall notify the CONTRACTOR in writing thirty (30) days prior
to the date of termination, the effective date of such termination, and in the case of partial
termination, the portion of the Agreement to be terminated. Property shall be subject to disposition.
B. The CITY shall have the right to terminate this Agreement for convenience, in whole
or in part by written notification to the CONTRACTOR which shall include the reason for such
termination, the effective date and the portion to be terminated.
C. If, in the case of a partial termination, it is the determination of CITY that the
remaining portion of the award is not sufficient to accomplish the project as described in the Work
Page 11 of 14
Statement, CITY may require that the entire grant be terminated.
20.
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, attorneys 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.
21.
NOTICE
For purposes of this Agreemem, all official communications and notices among the parties
shall be deemed made as of the date mailed if sero postage paid to the parties and address set for
below:
TO CITY:
TO CONTRACTOR:
City Manager
City of Demon
215 E. McKinney St.
Denton, Texas 76201
Director
Demon Affordable Housing Corporation
604 N Bell Avenue
Denton, Texas 76209
22.
VENUE
This Agreemem shall be imerpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreemem shall be in a court of competem jurisdiction
sitting in Demon County, Texas.
23.
CONSOLIDATION AGREEMENT
This Agreemem consolidates and replaces all previous Agreemems between CITY and
CONTRACTOR and all Amendments to those Agreements except where otherwise expressed
Page 12 of 14
herein. Provided, however, that CONTRACTOR shall be required to maintain all affordability
requiremems on all HOME funded projects, shall fully perform all continuing obligations required
under these previous Agreements and applicable state, federal and local laws and shall cominue to
use all HOME proceeds from any CITY-funded projects since CONTRACTOR's inception for
HOME-eligible activities as described in this Agreement and as may be required by law.
IN WITNESS OF WHICH this Agreement has been executed on this the
,2005.
CITY OF DENTON
day of
BY:
MICHAEL A. CONDUFF, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
DENTON AFFORDABLE HOUSING
CORPORATION
ATTEST:
BY:
BOARD PRESIDENT
Page 13 of 14
ATTACHMENT "A"
WORK STATEMENT AND PERFORMANCE OUTCOME GOALS
Demon Affordable Housing Corporation
The Demon Affordable Housing Corporation ("DAHC") was developed to increase the supply of
affordable housing in the Demon area. The organization is designed to carry out the following
activities but is not limited to these: administration, rehabilitation, acquisition, new construction,
tenant-based rental assistance and public service programs.
Expenditure of City funds for housing projects is limited to projects within the city limits of Demon.
DAHC's projects and programs will primarily benefit low and moderate-income households. Low
and moderate income is defined as households below 80% of the area median income.
The Affordable Homeownership Opportunity Program provides for acquisition, renovation and
sale of single-family units. HOME Program 2004-2005 funding in the amoum of $140,000 will be
used in the Program. Proceeds from the sale of completed projects will be placed in the AHOP
program fund for future projects. Each project must include a minimum of $1,000 and no more than
$35,000 in 2004-'05 HOME funding. No more than 10% of the HOME portion of the project sales
proceeds may be used for project delivery costs for the program. The HOME portion of the
proceeds is based on the percemage of HOME funds included in the project. A minimum o~f~/bur (4)
unitx will he xold to low and moderate-income homehuverx_
The Affordable Housing Construction Program provides funding to construct single-family units.
Properties suitable for single-family housing will be acquired through purchase or donation. Units
will be constructed in such a way as to make them affordable to low and moderate-income
households. Units will be sold to HOME-eligible households. Not more than 10% of the total
funding amoum may be used to assist buyers with down paymem and closing costs. ,4 minimum of
one (1) unit will be constructed and sold to low and moderate-income homebuyers.
ATTACHMENT "B"
PROGRAM BUDGET
Affordable Homeownership Opportunity Program
$140,000
Affordable Housing Construction Program
*no 2004-2005 funding
* Both programs will also use program proceeds for projects.
ATTACHMENT "C"
SCHEDULE OF CONTRACT ACTIVITIES
Jan - Mar
Total
Affordable Housing Opportunity Program - 0 $35,000 $70,000 $35,000 $140,000
Acquisition, Rehabilitation, Homebuyer
Asst.
New Construction Program Use of Program Proceeds to Construct Additional Unit(s)
AGENDA INFORMATION SHEET
AGENDA DATE: February 1, 2005
DEPARTMENT: Legal
CM/DCM/ACM: Herbert L. Prouty, City Attorney
SUBJECT: Consider approval of a resolution of the City of Denton, Texas authorizing the
suspension of the effective date until May 15, 2005 for the Gas Reliabihty Infrastructure
Program adjustments proposed by Atmos Energy Corporation's Mid-Tex Division; authorizing
participation in a coalition Of cities known as Atmos Texas Municipalities ("ATM"); authorizing
the h/ring of lawyers and rate experts; authorizing the City's participation to the full extent
permitted by taw at the Railroad Commission of Texas with regard to the Gas Reliability
Infrastructure Program adjustments proposed by Atmos Pipeline; requiring 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.
BACKGROUND: On or about December 17, 2004, Atmos Energy Corporation Mid-Tex
Division ("Atmos Energy"), successor to TXU Gas Company as a result of a recent merger, filed
an application with the City to increase gas rates for its Gas Reliability Infrastructure Program
("GRI~") pursuant to Section 104.301 of the Gas Utility Regulatory Act ("Act"). Based on
information Atmos Energy is filing, it is claiming a change in utility plant investment from
calendar year 2002 - 2003 of $32,518,365 system wide. Atmos is asking for an additional
annual revenue increase that would increase monthly customer charges from $9.00 to $9.31 for
residential customers, from $15.50 to $16.34 for commercial customers, and from $150 to
$176.85 for industrial and some other customer classes. Atmos Energy has requested that the
City either allow the rates to go into effect .automatically on February 15 of this year or to pass
an ordinance or resolution denying the rates on or before that date so it can immediately appeal
to the Raikoad Commission. The City Council also has the option of suspending the GRIP rate
adjustment under the GRIP statute.
The GRIP adjustments sought by Atmos Energy are the first of four annual installments. It is the
opinion of the Steering Committee for the 51 cites of the ATM, formally known as the Alliance
of TXU Municipalities, that the adjustment requires serious study by lawyers and consultants
who have special expertise to deal with rate adjustments being sought by Atmos Energy. This is
especially indicated since this is the first request for a rate adjustment under this relatively new
piece of legislation known as the GRIP Bill, which was passed by the Texas Legislature in 2003.
Further information concerning this matter is included in the Legal Department's status report
for January 28, 2005.
OPTIONS:
The City Council can approve the ResOlution suspending Atmos Energy's application for
a GRIP adjustment until May 15, 2005, and join a coalition of cities and authorize the
hiring of rate lawyers and consultants to fully investigate the reasonableness of the filing.
Agenda Information Sheet
February 1, 2005
Page 2
The City Council can refuse to pass: the Resolution and the Atmos Energy gas rate
increase will automatically go into effect on and alter May 15, 2005.
The City Council can deny the GRIP rate request and Atmos will most probably appeal to
the Raikoad Commission.
RECOMMENDATION: The Steer/ng Committee for the 51 cities known as ATM
recommends that the City Council choose Option 1 and pass the Resolution suspending the
application for a GRIP adjustment by Atmos Energy until May 15, 2005. In addition to
suspending the effective date of the GRIP adjustments until May 15, 2005, the Resolution
authorizes the hiring of special counsel and consultants who have expertise to deal with GRIP
adjustments that are being requested before the City and the Railroad Commission of Texas and
authorizes participating in this case as a part of the ATM coalition of cities. The reasonable costs
of the special counsel and consultants should be reimbursable by Atmos Energy as provided for
by the statute.
FISCAL IMPACT: Under the Act, the reasonable costs of the rate case consultants should be
reimbursable to the City and the ATM coalition by Atmos Energy. Atmos will be able to pass on
through a surcharge any current reasonable, costs of the rate case experts to Atmos's gas
customers in the City of Denton. It is anticipated that the potential savings to Denton Atmos
Energy gas customers through the reduction of the requested rate increase will more than offset
any surcharge of rate case expenses.
Respectfully submitted:
........
City Attorney
S:\Our DocumentsLResolutions\05~t~tmos GRiP Filings2.doc
RESOLUTION NO.
RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUSPENSION
OF THE EFFECTIVE DATE UNTIL MAY 15, 2005 FOR THE GAS RELIABILITY
INFRASTRUCTURE PROGRAM ADJUSTMENTS PROPOSED BY ATMOS ENERGY
CORPORATION'S MID-TEX DIVISION; AUTHORIZING PARTICIPATION IN A
COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES ("ATM");
AUTHORIZI2qG THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE
CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE
RAILROAD COMMISSION OF TEXAS WITH REGARD TO THE GAS RELIABILITY
INFRASTRUCTURE PROGRAM ADJUSTMENTS PROPOSED BY ATMOS PIPELINE;
REQUIRING 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.
WHEREAS, on or about December 17, 2004 the Atmos Energy Corporation's Mid-Tex
Division ("Atmos Energy") filed an application with the City to increase gas rates for its Gas
Reliability Infrastructure Program ("GRIP")pursuant to Section 104.301 of the Gas Utility
Regulatory Act ("Act"); and
WHEREAS, due to the ratemaking complexity of Section 104.301 of the Act and the fact
that this is the first application for recovery under that section of the Act; it is therefore necessary
to engage the expertise of lawyers and consultants who specialize in ratemaking proceedings
before regulatory authorities to assist the City as provided for in Section 103.022 of the Act; and
WHEREAS, given the complexity and the need to carefully review the proposed GRIP
adjustment it is necessary to suspend the effective date for implementing the GRIP adjustment
until at least May 15, 2005 in order to allow the City's rate experts sufficient time to determine
the merits ofAtmos Energy's proposed GRIP adjustment; and
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing, analyzing and investigating Atmos Energy's request for a GRIP adjustment it makes
sense to coordinate the City's efforts with a coalition of similarly situated municipalities; and
WHEREAS, a coalition of municipalities, known as the Alliance of TXU Municipalities
("ATM") has been active in gas utility ratemaking proceedings; and
WHEREAS, in light of the sale of TXU Gas to Atmos Energy, the coalition known as the
Alliance of TXU Municipalities is now known as the Atmos Texas Municipalities ("ATM"); and
WHEREAS, the City will join with other cities participating in ATM in a steering
committee in order to coordinate the hiringI and direction of legal counsel and consultants
working on behalfofATM and the City; and
S:\Our DocumentsX~Resolufions~05'~Atmos GRIP Filings2.doc
WHEREAS, Atmos Energy, doing business as Atmos Pipeline - Texas ("Atmos
Pipeline"), has also filed on or about December 17, 2004, for a GRIP adjustment at the Railroad
Commission of Texas; and
WHEREAS, the filing made at the Railroad Commission of Texas by Atmos Pipeline
could affect the gas rates which have to be paid by Atmos Energy customers located within the
City; and
WHEREAS, it is important that the City and other similarly situated municipalities
participate to the extent allowed by law in order to insure the proper implementation of the GRIP
adjustment by Atmos Pipeline; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the statements set out in the preamble to this resolution are hereby in
all things approved and adopted.
SECTION 2. That the effective date for the proposed GRIP adjustments by Atmos
Energy, and the tariffs related thereto, are hereby suspended until May 15, 2005 but may be
suspended further if necessary to complete the.review and investigation by City's experts or upon
the mutual agreement of the City and Atmos Energy.
SECTION 3. The City is authorized to join with other cities in a coalition of cities
known as the Atmos Texas Municipalities ("ATM") with the understanding that the steering
committee of ATM will provide direction and guidance to the lawyers who are representing said
cities.
SECTION 4. The City hereby employs the Lawton Law Firm and the Law Offices of
Jim Boyle, PLLC to represent the City with regard to the proposed GRIP adjustments of Atmos
Energy and Atmos Pipeline before local and state regulatory authorfies and in any court of law
and authorizes the law firms to employ such rate experts as are recommended by the ATM
Steering Committee.
SECTION 5. The City is authorized to participate to the full extent permitted by law in
the GRIP proceeding initiated by Atmos Pipeline at the Raikoad Commission of Texas and any
court action related thereto.
SECTION 6. The City, in coordination with the Steering Committee, shall review the
invoices of the lawyers and rate experts for reasonableness before submitting the invoices to
Atmos Energy or Atmos Pipeline for reimbursement.
SECTION 7. City's legal representatives shall have the fight to obtain additional
information fi.om Atmos Energy through the service of requests for information, which shall be
responded to within twenty (20) days of receipt of such requests for information.
Page 2 of 3
S:\Our Documents~esolutions~05~6.tmos GRIP Filings2.doc
SECTION 8. Atmos Energy shall reimburse the City, through the designated
representative city of the Steering Committee, for the reasonable costs of attorneys and
consultants and expenses related thereto, upon the presentation of invoices reviewed by the
Steering Committee.
SECTION 9. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings act, Texas Government Code,
Chapter 551.
SECTION 10. This resolution shall become effective from and after its passage.
SECTION 11. That the City Secretary is hereby directed to send a true and correct
copy of this Resolution to Douglas C. Walther, Senior Counsel, Atmos Energy Corporation,
5430 LBJ Freeway, Suite 1800, Dallas, TX 75240-2601.
PASSED AND APPROVED this the day of
2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 3 of 3
AGENDA INFORMATION SHEET
AGENDA DATE: February 1, 2005
DEPARTMENT: Legal
CMfl)CM/ACM: Herbert L. Prouty, City Attorney
SUBJECT: Consider approval of a resolution of the City of Denton, Texas authorizing a review
of the reasonableness and prudence of gas purchases and expenditures of TXU Gas Company,
now known as Atmos Energy Corporation, between November 1, 2000 and October 31, 2003;
authorizing the City joining with other similarly situated cities in a coalition known as the Atmos
Texas Cities ("ATM"); authorizing the hiring of special counsel and experts in the purchase or
sale of gas; authorizing the intervention in GUD Docket No. 9530 at the Railroad Commission
and related proceedings; requiring the reimbursement of reasonable legal and consultant
expenses; finding that the meeting complied with the Open Meetings Act; and declaring an
effective date.
BACKGROUND: On September 24, 2004 TXU Gas Distribution - Transmission filed with the
Raikoad Commission of Texas its Compliance with Gas Utilities Docket ("GUD") No. 8664 and
Motion for Final Order which was docketed at the Raikoad Commission as GUD Docket No.
9530. Under this filing Atmos Energy Corporation - the successor to TXU Gas - must
demonstrate that the gas cost or purchases between November 1, 2000 and October 31, 2003 by
TXU Gas were reasonable and necessary and that the costs were prudently incurred. The
prudence review is brought about as a result of the almost automatic pass through of increases in
gas costs which are not reviewable at the local level except through an intervention in a
proceeding like this. Staff has been receiving more and more complaints from local gas
customers about high gas bills and the increasing costs of energy from TXU Gas, now Atmos
Energy Corporation. This filing by Atmos Energy deals with hundreds of gas purchases during
the three-year period. A review of the prudence of the gas purchases requires the special
expertise of lawyers and consultants who are familiar with the purchasing practices, which were
prevalent during the review period. More information about this matter is included in the Legal
Department's status report for January 28, 2005.
OPTIONS:
The City Council can approve the Resolution authorizing the intervention in the prudence
review of gas purchases pending before the Railroad Commission, authorizing joining the
ATM coalition and hiring rate experts and consultants to investigate this matter.
The City Council can decline to pass the Resolution authorizing intervention.
RECOMMENDATION: The Steering Committee for the 51 cities working together as Atmos
Texas Municipalities ("ATM"), formally known as the Alliance of Texas Municipalities, has
recommended Option 1 - the intervention and participation of the ATM cities in Raikoad
Commission GUD Docket No. 9530 regarding the gas purchasing practices between November
Agenda Information Sheet
February 1, 2005
Page 2
1, 2000 and October 31, 2003. The ResOlution, in addition to joining the coalition and
authorizing intervention, authorizes the hiring of special counsel and the hiring of rate case
experts. The reasonable costs of experts and consultants should be reimbursable by Atmos as
provided under the Gas Utility Regulatory Act.
FISCAL IMPACT: Under the Act, the reasonable costs of the rate case consultants should be
reimbursable to the City and the ATM coalition by Atmos Energy. Atmos will be able to pass on
through a surcharge any current reasonable, costs of the rate case experts to Atmos's gas
customers in the City of Denton. It is anticipated that the costs of this proceeding, as a result of
potential savings to the customer through the reduction of the requested rate increase, will more
than offset any surcharge of rate case expenses.
Respectfully submitted:
Herbert L. Prouty
City Attorney
&\Our DocumentsLResolutions~05kAtmos Prudence Review.doc
RESOLUTION NO.
RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING A REVIEW OF THE
REASONABLENESS AND PRUDENCE OF GAS PURCHASES AND EXPENDITURES OF
TXU GAS COMPANY, NOW KNOWN AS ATMOS ENERGY CORPORATION, BETWEEN
NOVEMBER 1, 2000 AND OCTOBER 31, 2003; AUTHORIZING THE CITY JOINING
WITH OTHER SIMILARLY SITUATED CITIES IN A COALITION KNOWN AS THE
ATMOS TEXAS CITIES ("ATM"); AUTHORIZING THE HIRING OF SPECIAL COUNSEL
AND EXPERTS IN THE PURCHASE OR SALE OF GAS; AUTHORIZING THE
INTERVENTION IN GUD DOCKET NO. 9530 AT THE RAILROAD COMMISSION AND
RELATED PROCEEDINGS; REQUIRING THE REIMBURSEMENT OF REASONABLE
LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING COMPLIED
WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on September 24, 2004 TXU Gas Distribution - Transmission filed with the
Railroad Commission of Texas its Compliance with Gas Utilities Docket ("GUD") No. 8664 and
Motion for Final Order; and
WHEREAS, the filing was docketed at the Railroad Commission as GUD Docket No.
9530 and after TXU Gas was sold to Atmos Energy Corporation the proceeding was styled as
Atmos Energy Corporation ("Atmos") - Transmission Gas Review; and
WHEREAS, Amos must demonstrate in this filing that the gas costs or purchases
between November 1, 2000 and October 31, 2003 by TXU Gas were reasonable and necessary
and that the costs were prudently incurred; and
WHEREAS, the Railroad Commission of Texas is empowered to order surcharges or
reftmds as a result of the review and investigation of said gas costs; and
WHEREAS, it takes special expertise by both lawyers and consultants in order to assist
the City with such a review; and
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing, analyzing, investigating, and reconciling said gas costs it makes sense to coordinate
the City's efforts with a coalition of similarly situated municipalities; and
WHEREAS, a coalition of municipahties, known as the Alliance of TXU Municipalities
("ATM") has been active in gas utility ratemaking proceedings; and
WHEREAS, in light of the sale of TXU Gas to Atmos Energy, the coalition known as the
Alliance of TXU Municipalities is now known as the Atmos Texas Municipalities ("ATM"); and
WHEREAS, the City will join with other cities participating in ATM in a steering
committee in order to coordinate the hiring and direction of legal counsel and consultants
working on behalf of ATM and the City; NOW, THEREFORE,
S:\Our Documentsq~.esolutions\05~Atmos Prudence Review.doc
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the statements set out in the preamble to this resolution are hereby in
all things approved and adopted.
SECTION 2. That the City is authorized to join with other cities in a coalition of cities
known as the Atmos Texas Municipalities ("ATM") with the understanding that the steering
committee of ATM would provide direction and guidance to the lawyers who are representing
said cities.
SECTION 3. The City employs the Lawton Law Finn and the Law Offices of Jim
Boyle, PLLC to represent the City in Railroad Commission GUD Docket No. 9530 and with
regard to any administrative proceedings or court actions related thereto, and the City authorizes
Special Counsel to employ, with the approval of the ATM Steering Committee, such rate experts
as are necessary to assist them with regard to the review, investigation and possible filing of
testimony in GUD Docket No. 9530.
SECTION 4. The City authorizes Special Counsel to intervene on behalf of the City in
GUD Docket No. 9530.
SECTION 5. The City, in coordination with the Steering Committee, shall review the
invoices of the lawyers and rate experts for reasonableness before submitting the invoices to
Atmos for reimbursement.
SECTION 6. Atmos shall reimburse the City, through the designated representative city
of the Steering Committee, for the reasonable costs of attorneys and consultants and expenses
related thereto, upon the presentation of invoices reviewed by the Steering Committee.
SECTION 7. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings act, Texas Government Code,
Chapter 551.
SECTION 8. This resolution shall become effective from and after its passage.
PASSED AND APPROVED this the
2005.
day of
EULINE BROCK, MAYOR
Page 2 of 3
S:XOur Documents~ResolutionsX05'~Atmos Prudence Review.doe
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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