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June 6, 2006 Agenda
AGENDA CITY OF DENTON CITY COUNCIL June 6, 2006 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 6, 2006 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 consi ere 1. Receive a report, discuss strategy, and give direction for the recruitment and selection of the City Manager position as recommended by Ron Holifield, Owner and CEO of Strategic Government Resources, Inc. The Council reserves the right to convene into closed session under Section 551.074 of the Texas Government Code to deliberate the employment and evaluation of a future City Manager. 2. Receive a report, hold a discussion and give staff direction regarding credit card business practices. 3. Receive an update, hold a discussion and give staff direction concerning the City Council Ad Hoc Denton Development Code Committee. 4. Receive a report, hold a discussion, and give staff d~ection regarding the submission of a Section 108 Loan Guarantee Program application to the US Department of Housing and Urban Development to provide supplemental funding for the City's Home Improvement Loan Program. 5. Receive a report, hold a discussion, and give direction regarding the Council Rules of Procedure and Council committees, including the creation of the position of Deputy Mayor Pro Tem, providing that the Deputy Mayor Pro Tem be added as a member of the Agenda Committee, providing for a Council Committee to review and make recommendations to the Council regarding the structure and make-up of Council Committees, and any other matter related to Council procedures and committees. 6. Receive a report, hold a discussion, and give staff direction regarding TMPA Coal Reso ution. 7. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of June 6, 2006. 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 Section 551.071. City of Denton City Council Agenda June 6, 2006 Page 2 1. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utlhty SerVlce, and legal issues relating to the creation of special districts in the ETJ requested by JNC and white Cake Denton, L.P. A public discussion of these legal matters 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 or would jeopardize the city's legal position in any administrative proceedings or potential litigation. 2. Consultation with the city's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the International Association of Fire Fighters Local 1291, pursuant to Texas Local Government Code sec. 142.101, et seq., and with the Denton Police Officers Association, pursuant to Texas Loc. Government Code 142.051, et seq. A private caucus on these topics is specifically authorized by Tex. Loc. Government Code § 142.113 (b) and § 142.063 (b), and public discussion would otherwise conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SE . (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, June 6, 2006 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 A. U. S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." City of Denton City Council Agenda June 6, 2006 Page 3 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 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 Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - 0). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - 0 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. A. Consider approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. B. Consider approval of a resolution of the City of Denton, Texas approving the 2007 Budget of the Denton Central Appraisal District; and providing an effective date. C. Consider approval of the minutes of: April 18, 2006 May 1, 2006 May 2, 2006 May 11, 2006 May 16, 2006 May 23, 2006 D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the Risk Manager to execute a Release of Claims on behalf of the City of Denton, Texas regarding a claim against Calvert Paving for damages caused to City of Denton property; and providing an effective date. E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Booth, Ahrens & Werkenthin, P.C., a Texas Professional Corporation for services pertaining to the protection of the City's important water interests, state regulatory matters, and other related matters; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreement; and providing an effective date. The Public Utilities Board recommends approval (5-0). City of Denton City Council Agenda June 6, 2006 Page 4 F. Consider a request for an exception to the Noise Ordinance for amplified sound for a fundraising rodeo and musical concert to be held at the North Texas Fairgrounds on June 17, 2006. The exception is specifically requested to extend the hours from 10:00 p.m. to 12:00 a.m. for amplified sound. G. Consider a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system at Fred Moore Park during the Juneteenth Celebration on June 16, 2006, from 6:00 p.m. until 11:00 p.m. and on Saturday, June 17th from 11:00 a.m. until 12:00 p.m. The request is for an exception to the hours of operation from 10:00 p.m. until 11:00 p.m. on June 16th and 12:00 p.m. on June 17th H. Consider a request for two separate exceptions to the Noise Ordinance (Section 20- 1, 4C 2E and 20- 1, 3) for the purpose of the Apollo Nights and Music Nights on the following Sundays: June 18th, July 2nd, July 9th, July 16th, July 23rd, and July 30th from 5:00 p.m. to 10:00 p.m. and for Monday, June 19th from 5:00 p.m. -11:00 p.m. The events will be held in the Fred Moore Park. The requestor is specifically asking for an exception to the noise ordinance to allow amplified sound on Sundays and for Monday, June 19th for amplified sound for hours after 10:00 p.m. I. Consider adoption of an ordinance approving a commercial operator airport lease agreement between the City of Denton and Hangars Plus, LLC. on approximately 4,200 square feet of land at the Denton Municipal Airport and providing an effective date. Airport Advisory Board recommends approval (6-0). J. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Juneteenth Committee to support the 2006 Juneteenth celebration; providing for the expenditure of funds therefor; and providing an effective date. K. Consider adoption of an ordinance authorizing the City Manage r to accept an Interlocal Agreement with the City of McKinney, Texas to authorize participation in various city of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 3509 -Interlocal Agreement with the City of McKinney, Texas). L. Consider adoption of an ordinance accepting sealed proposals and awarding a contract for high technology procurement of a digital color copier/network printer for the City of Denton Reprographics Department; providing for the expenditure of funds therefor and providing an effective date (RFP 3479 -Digital Color Copier Network Printer awarded to IKON Office Solutions, Inc. in the amount of $250,704). M. Consider adoption of an ordinance of the City Council of the City of Denton designating a depository for City funds for a term beginning July 1, 2006 and ending June 30, 2008, with three one-year extensions; authorizing the Mayor to execute a Depository and Merchant Services Contract with Wachovia Bank, N.A. as the primary Depository, authorizing the City Manager and other city employees to transact business with the Depository; and providing for an effective date. City of Denton City Council Agenda June 6, 2006 Page 5 N. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the rental of a self containing above ground fuel tank for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3500 -Rental of Self Containing Above Ground Fuel Tank awarded to lowest responsible bidder, Sun Coast Resources, Inc., in the estimated amount of $250,000. 0. Consider approval of a resolution of the City Council of the City of Denton, Texas supporting the efforts of the Texas Municipal Power Agency, a j oint powers agency, to obtain competitive rail transportation rates for transportation of its coal; providing an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance regarding an Alternative Development Plan for a fire station. The site consists of 2.85 acres is located on the south side of Vintage Boulevard west of Bonnie Brae Road. The property is located within a Neighborhood Residential Mixed Use (NRMU) zoning district. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code regarding parking in between the building and Vintage Boulevard. The Planning and Zoning Commission recommends approval (6-0). (ADP06-0008, Fire Station #7) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Letter Agreement with TXU Electric Delivery extending the settlement and offering additional terms of settlement between TXU Electric Delivery and the Steering Committee of cities served by TXU Electric Delivery; and providing an effective date. B. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Nabco Model 64-GT- SCS Total Containment Vessel for the city of Denton Fire Department as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS - 5- 84090); providing for the expenditure of funds therefor; and providing an effective date (File 3517 -Total Containment Vessel for Fire Department awarded to Fisher Scientific Company LLC in the amount of $275,000). C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Jane Wilson regarding utility billing issues. B. Nell Yeldell regarding false statements made by the City of Denton. C. Jordan Hudspeth regarding concerns of Southeast Denton. D. Lanisha Hudspeth regarding concerns of Southeast Denton. E. Hagar Hudspeth regarding concerns of Southeast Denton. F. Willie Hudspeth regarding concerns of Southeast Denton. G. Robert Donnelly regarding City government. City of Denton City Council Agenda June 6, 2006 Page 6 D. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. E. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2006 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: June 6, 2006 DEPARTMENT: Human Resources CM: Howard Martin, 349-8232 SUBJECT Receive a report, discuss strategy, and give direction for the recruitment and selection of the City Manager position as recommended by Ron Holifield, Owner and CEO of Strategic Government Resources, Inc. The Council reserves the right to convene into closed session under Section 551.074 of the Texas Government Code to deliberate the employment and evaluation of a future City Manager. BACKGROUND At the May 16, 2006, City Council meeting, Council authorized the CAPR committee to utilize Ron Holifield, Owner and CEO of Strategic Government Resources, Inc., to assist with the City Manager search process. Ron has been invited to the June 6th work session to have some discussion with the entire Council about the search process. PRIOR ACTION/REVIEW The CAPR committee met with Ron Holifield on April 19, 2006. FISCAL INFORMATION Ron Holifield will charge $200 per hour for his services. Attachment: Agreement Respectfully submitted: , . Carla J. Romine Director of Human Resources 1 Letter of Understanding By and Between Strategic Government Resources, Inc. and The City of Denton June 6, 2006 Honorable Perry McNeill, Mayor And Members of the City Council City of Denton, Texas Dear Mayor McNeill and Members of the Council: This letter of understanding shall serve to articulate and define the terms and conditions under which Strategic Government Resources, Inc. shall provide assistance to the City of Denton in your search for a new City Manager. These terms and conditions are as follows: Strategic Government Resources shall provide the following core services: • Contact key opinion leaders in the city management profession across the nation to advise them of the opening and seek their recommendations for outstanding candidates. • Identify high probability prospects and conduct follow up with those prospects to evaluate their viability as a candidate, and encourage those who appear to be a good match to engage in the process. This follow up will likely be by phone and email for those out of the region, but in person within the region. • Receive, track and maintain all inquiries and applications. • Conduct a "triage" level review of all resumes, identifying those who appear to have a high potential of being a good match and conducting initial phone/email conversations with the high potential candidates to narrow the list. • Conduct preliminary phone or personal interviews with 10-12 candidates. • Provide periodic updates to the Mayor and Council, or any subcommittee thereof, regarding the progress of the search, as frequently as desired by the City. • Present the Mayor and Council with a short list of 3-6 candidates recommended for interviews, along with a verbal briefing on relevant issues related to each. Strategic Government Resources may, depending upon requests by the City provide the any or all of the following supplemental services: • Assist in preparation of recommended interview questions and or development of the interview process. • Conduct background checks. • Participate in the interviews with the candidates. • Conduct any follow up investigation or discussion regarding any issues of concern that may have arisen during the interview process that needs further clarification before moving forward with a candidate. • Assist in negotiating an employment agreement. Exhibit 1 • Assist in facilitating annual performance reviews. • Assist in facilitating an initial council/manager retreat to start the relationship off right. The City shall: • Place all ads in appropriate professional publications. • Produce an electronic and hard copy recruitment brochure. • Provide any needed direct mailings. • Provide all legal opinions regarding when and if any information must be released in accordance with open records requests. • Conduct all background checks, unless otherwise requested under the supplemental services. Compensation: • SGRI shall be compensated by the City of Denton at a rate of X200 per hour for services rendered, based upon a written billing with reasonable detail to document activities undertaken. • Said 5200 per hour is all inclusive and no additional overhead costs or other out of pocket expenses will be billed, except that in the event the City of Denton shall request out of town travel, or that other unusual out of pocket expenses be incurred, said expenses will be reimbursed at the actual cost with no markup for overhead. Any reimbursable expenses must be approved in advance. • SGRI estimates that this search will require 60 hours of services or less, but agrees that in no case will the City of Denton be billed for more than 80 hours of core services, regardless of how many hours are actually committed to the project. • If the City of Denton shall desire any supplemental services, as detailed above, an estimate of the cost and hours to be committed will be provided at that time. • All services detailed herein will be provided personally by Ron Holifield. • It is estimated that this search will require 90 to 120 days to conduct. • The city of Denton will be billed in two increments, the first will be approximately 60 days into the process, and the second will be at the conclusion of the process. • The City of Denton reserves the right to terminate this agreement at any time upon giving SGRI 30 days advanced written notice. In such event SGRI will be compensated for all work satisfactorily completed up to and through the date of termination. In addition SGRI shall provide to the City of Denton all information obtained during the search process through the date of termination. Approved and Agreed to, this the 6th day of June, 2006 by Howard Martin, Interim City Manager Ron Holifield, CEO City of Denton Strategic Government Resources AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: Fiscal Operations ACM: Jon Fortune SUBJECT Receive a report, hold a discussion and give staff direction regarding credit card business practices. BACKGROUND With the evolution and convenience of the worldwide web, credit card usage has increased drastically over the past few years. For fiscal year 2004-05, the City of Denton handled 70,905 credit card transactions totaling $12,941,845 through the Internet, kiosk, and integrated voice response systems. The remaining credit card volume, 3 8,446 transactions totaled $6,066,711 and were handled face-to-face. The initial benefits derived from the acceptance of credit cards for various City services include improved customer service, accelerated payments and availability of funds. However, as the volume continues to increase, the cost and benefit to the City requires reconsideration. HISTORICAL TREND ANALYSIS In March of 2004, the City changed bank depository from Texas Bank to JP Morgan Chase. During that change, the City incurred a decrease in credit card transaction fees (1.88% in 2002-03 to 1.74% in 2003-04). These fees have remained constant since that banking change. However, an increase in expenditures for credit card fees is directly due to the increase in credit card activity. In FY 2004-05, credit card transactions (volume) increased by 38.92% to $19,008,556, and fees (expenditures) increased by 27.60% to $335,516. This activity occurred through the City's 17 remote locations and 3 websites. The majority of transactions occurred in three departments--Municipal Court, Tax and Utilities Customer Service. They accounted for 91,600 or 83.76% of the 109,351 transactions. Furthermore, the Internet collection activity for the same departments represented 70,905 (77.41 Attachment A provides detail data for each city location accepting credit card payments. Attachment B is provided in response to the Audit Committee. It summarizes Attachment A information and provides the various levels of charges to departments expressed in terms of "Discount Points". Discount Points is a term used in the credit card industry that represents a rate (charge) for processing credit card transactions. This rate is complicated by the various methods in which credit cards are accepted. 1 The current fiscal year figures (October 2005 through March 2006) are 66,23 8 transactions for a collection volume of $13,563,606. The related fees expended are $243,237. The estimate for the entire fiscal year is projected at the following levels: 144,077 in total transactions, $26,808,793 in total volume and $466,473 in fees expended. The end of year estimates equate to increases over prior year of 24.10%, 29.09%, and 39% respectively. Credit Card Fee Trends 500, 000 400, 000 300, 000 0 200, 000 100, 000 0 2001-02 2002-03 2003-04 2004-05 2005-06* Year ~ Fiscal Year 2005-2006 credit card fees are estimated. FYE Fee Amounts % Change 2001-02 $104,407 2002-03 23 8,960 129% 2003-04 242,914 1.7% 2004-OS 335,516 38% 2005-06 (projected) 466,473 39% PROJECTED TREND ANALYSIS Based on the City's current credit card acceptance practice, fee schedule and historical usage, projections for FY 2006-07 result in increases over prior year estimates (FY 2005- 06) of 212,759 transactions, $33,213,793 volume, and $577,920 fees. These levels reflect increases of 32.28%, 19.28% and 19.28%, respectively. FY 2010-11 projections continue the growth trend resulting in credit card volume of $58,862,586 at a fee level of 1,024,209. Credit Card Fee Projections 1,000,000 800, 000 a ~ 600, 000 0 400, 000 200, 000 0 2006-07 2007-08 2008-09 2009-2010 2010-2011 Year 2 ISSUES Visa and MasterCard's credit card acceptance and processing rules recently began allowing the assessment of convenience fees by the businesses/merchants accepting them. A convenience fee is a fee the merchant charges the cardholder for the utilization of a specific alternative payment channel (such as Internet, telephone and kiosk) and that provides a convenient alternative to a face-to-face transaction. Convenience fees can be assessed for the purpose of recovering the associated costs, specifically discount fees and alternative payment channel costs. However, the payment must be a convenient alternative to the traditional face-to-face process, and all forms of payment taken in the channels must be assessed the same fee. Denton County Tax Office utilizes this option and transfers the responsibility to a third party agency. The third party vendor can accept and process the payments over the Internet, kiosk or telephone. The third party is also responsible for calculating a convenience fee sufficient enough to pay for the service, cover the discount/transaction costs and make a profit. If the convenience fee fails to meet critical criteria, the fee may be considered a surcharge. Surcharges are expressly prohibited. Compliance actions, including fines, penalties and revocation of card acceptance privileges, could be imposed. Below is a list of the criteria that must be met for the assessment of convenience fees. • The payment channel must truly provide convenience to the cardholder, outside the entity's normal payment channel (i.e., Internet payments, integrated voice response (IVR) payments, and kiosk). • The fee must be disclosed to the cardholder as a charge for the alternative payment c anne convenience. • The fee may o~ be added to a non face-to-face transaction. • The fee must be a flat, fixed amount, not a variable or sliding scale fee, regardless of the value of the payment due. • The same convenience fee must apply to all forms of payment accepted in the alternative payment channel, including cash, checks, debit, vouchers, ACH debit and all other payment cards. • The fee must be disclosed to the customer prior to completion of the transaction, and the customer must be given the opportunity to cancel the transaction if the customer does not want to pay the convenience fee. 3 CURRENT PRACTICES In 1989, the City of Denton began the practice of charging a surcharge for credit card payments received from Discover, MasterCard and Visa. At that time, the City of Denton had received written acknowledgement from MasterCard that municipalities listed under a unique transaction code could charge a surcharge. Additionally, state law allowed local governments to charge up to (5%) percent of the dollar amount of credit card transactions as a service fee. In 1994, after many changes in credit card regulations, the City of Denton received notification from NOVA Information Systems, Inc. (credit card processor for MasterCard and Visa) that the City's practice of assessing a surcharge to the credit card customers was against Visa regulations. According to a letter dated November 2, 1994 and addressed to the City of Denton, Visa mandated that the City cease charging a surcharge or discontinue acceptance of Visa credit cards. In addition, the City was notified that Visa regulations were being violated because the City accepted MasterCard and not Visa. In 1995, after extensive research and exhaustion of available options, the City Council approved an ordinance discontinuing the use of MasterCard and Visa. However, the City Council approved to continue the use of Discover. In 2000, with the increasing usage of credit cards and continuous requests by customers, the City Council reviewed an analysis demonstrating accelerated payments and improved availability of funds. The City Council approved the acceptance of MasterCard and Visa on an organization wide basis (17 remote cash locations) and considered the absorption of fees as a "cost of business." Credit card payments were accepted through face-to-face, phone, mailed-in, and integrated voice response (IVR) transactions. The evolution of information technology and Internet business provided another method for the City to accept credit card payments. Municipal Court, Tax and Utilities Customer Service departments benefited by the new technology. Upon deployment of this method for the Utility website, credit card volume and fees began a dramatic climb to its present status. 4 The chart below (Chart A) provides a detailed list of activity across the organization related to credit card payments. Departments that comprise the majority of credit card usage are shaded. Chart A FY 2004-2005 ACTUALS Mastercard # Visa # of Mastercard of Trans Trans Volume Visa Volume Avg 2004-05 Location # of Trans (36%) (64%) Total Volume (36%) (64%) Ticket Actual Fees 1 Animal Services 330 119 211 $10,728 $3,862 $6,866 $33 $192 2 Beneficial Reuse 1,618 582 1,036 86,885 31,278 55,606 54 1,609 3 Building Insp 2,544 916 1,628 429,799 154,728 275,071 169 8,059 4 Fire 60 22 38 14,247 5,129 9,118 237 250 5 Emily Fowler 107 39 68 1,765 636 1,130 16 29 6 North Branch 1,086 391 695 19,436 6,997 12,439 18 367 7 South Branch 990 356 634 14,920 5,371 9,549 15 276 8 Parks Admin 1,584 570 1,014 154,674 55,683 98,992 98 2,804 9 Municipal Court 5,335 1,921 3,414 806,602 290,377 516,226 151 14,044 10 MlC Website 2,861 1,030 1,831 599,629 215,866 383,762 210 10,479 11 Tax Website 1,683 606 1,077 1,106,493 398,338 708,156 657 19,736 12 Warrants 1,299 468 831 298,586 107,491 191,095 230 5,306 13 GENERAL FUND 19,497 7,019 12,478 3,543,765 1,275,755 2,268,010 182 63,150 14 City Hall East 7,130 2,567 4,563 2,660,581 957,809 1,702,772 373 43,549 15 Utility Website 66,361 23,890 42,471 11,235,723 4,044,860 7,190,863 169 200,788 16 CHI M 8,230 2,963 5,267 1,199,069 431,665 767,404 146 21,227 17 UTILITIES 81,721 29,420 52,301 15,095,373 5,434,334 9,661,038 185 265,564 18 Denia 280 101 179 17,361 6,250 11,111 62 326 19 MLK 36 13 23 1,817 654 1,163 50 33 20 North Lakes 1,950 702 1,248 81,861 29,470 52,391 42 1,430 21 Aquatics 5,556 2,000 3,556 266,971 96,110 170,861 48 4,762 22 Parks 311 112 199 1,409 507 902 5 250 23 REC FUND 8,133 2,928 5,205 369,419 132,991 236,428 45 6,802 24 TOTAL 109,351 39,366 69,985 $19,008,556 $6,843,080 $12,165,476 $335,516 25 MONTHLY AVG 9,113 3,281 5,832 $1,584,046 $570,257 $1,013,790 $27,960 26 TOTAL INTERNET FEES (Utilities, Tax, Municipal Court) 231,003 27 TOTAL FACE-TO-FACE (Utilities, Tax, Municipal Court) 78,820 28 TOTAL (Less Utility, Municipal Court, and Tax)) $25,693 $2,141 5 Chart B City of Denton Merchant Services Fee Analysis As of April 21, 2006 FYE 2004-05 ACTUALS Avg Trans. Discount 2004-05 Location # or Trans Total Volume Amount Fees Discount Due Points Total Fees 1 Animal Services 330 $ 10,728 $ 33 0 $ 192 1.79% $ 192 2 Beneficial Reuse 1,618 86,885 54 0 1,609 1.85% 1,609 3 Building Inspection 2,544 429,799 169 0 8,059 1.88% 8,059 4 Fire 60 14,247 237 0 250 1.75% 250 5 Emily Fowler 107 1,765 16 0 29 1.64% 29 6 North Branch 1,086 19,436 18 0 367 1.89% 367 7 South Branch 990 14,920 15 0 276 1.85% 276 8 Parks Admin. 1,584 154,674 98 0 2,804 1.81% 2,804 9 Municipal Court 5,335 806,602 151 0 14,044 1.74% 14,044 10 Muni. Crt Website 2,861 599,629 210 95 10,384 1.73% 10,479 11 Tax Website 1,683 1,106,493 657 53 19,683 1.78% 19,736 12 Warrants 1,299 298,586 230 10 5,296 1.77% 5,306 13 GENERAL FUND 19,497 $ 3,543,764 $ 182 $ 158 $ 62,993 $ 63,151 14 15 City Hall East 7,130 $ 2,660,581 373 2 43,547 1.64% 43,549 16 Utiity Website 66,361 11,235,723 169 2,880 197,908 1.76% 200,788 17 CHIMaII 8,230 1,199,069 146 1 21,225 1.77% 21,226 18 UTILITIES FUNDS 81,721 $ 15,095,373 185 $ 2,883 $ 262,680 265,563 19 20 Denia 280 $ 17,361 62 0 $ 326 1.88% $ 326 21 MLK 36 1,817 50 0 33 1.82% 33 22 North Lakes 1,950 81,861 42 0 1,430 1.75% 1,430 23 Aquatics 5,556 266,971 48 0 4,762 1.78% 4,762 24 Parks 311 1,409 5 0 250 1.78% 250 25 RECREATION 8,133 $ 369,419 45 $ - $ 6,801 $ 6,801 26 28 TOTAL 109,351 $ 19,008,556 $ 3,041 $ 332,474 - $ 335,515 29 MONTHLY AVG 9,113 $ 1,584,046 $ 253 $ 27,706 $ 27,960 30 31 TOTAL INTERNET FEES (Utilities, Tax, Municipal Court) $ 231,003 32 TOTAL FACE-TO-FACE (Utilities, Tax, Municipal Court) $ 78,819 33 TOTAL (Less Utilities, Tax, Municipal Court) $ 25,693 $ 335,515 6 Ut111t1eS' Current Statistics: Naturally, utilities' collections (Customer Service, City Hall in the Mall and the Utility website) account for the largest base and increases in credit card volume. • In FY 2003-04, Utilities' credit card transactions totaled 48,230 for a volume of $8,850,491. This activity resulted in $182,204 in fees for the same time period. • FY 2004-2005 experienced a dramatic increase for Utilities' credit card activity. Transactions rose by 40.65% to 81,271, volume increased by 41.36% to $15,095,373 and fees increased by 31.3% to $265,564. • For the current fiscal year 2005-2006, Utilities' credit card activity continues its growth. During the first six months (October through March), total transactions were 52,559, volume was $10,919,630 and fees were $196,967. By the end of this fiscal year, we are estimating an increase over prior year of 30.20% (116,440) for transactions, 34.80% ($23,155,886) for volume and 34.05% ($402,701) in fees. • Assuming there is no change in the City's practice regarding accepting credit card payments, a proj ection for FY 2006-07 (only for the Utilities Customer Service area) results in an increase over estimated prior year of 19.56% (144,759) for transactions, an increase of 20.97% ($29,300,663) for volume and an increase for fees of 21.01% ($509,831). POLICY RECOMMENDATIONS Due to the overwhelming costs associated with accepting credit card payments, it is recommended that the City discontinue absorbing credit card fees. This recommendation would involve discontinuing face-to-face credit card acceptance and entering into an agreement with a third party vendor to shift the risk, responsibility, and costs. The Audit Committee advised staff to carefully review the feasibility of universally applying this operational change. Staff has met with several departments that desire to retain current business practice. These departments, such as Parks and Recreation, will recover the credit card fees through their program rate structures. Treasury will work with departments, specifically Customer Service and Public Information Office to educate the citizens and other external customers of the change in business practice. A target date for implementation may be as soon as August 1, 2006, that allows a 45-day education period, or September 1, 2006 that allows a 60-day education period. In addition, as staff proceeds with Citywide implementation, the ability to make necessary departmental adjustments is requested in order to retain flexibility. City Council will be updated as necessary. 7 AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: City Manager's Office CM: Howard Martin, 349-8232 SUBJECT Receive an update, hold a discussion and give staff direction concerning the City Council Ad Hoc Denton Development Code Committee. BACKGROUND The primary purpose of the Denton Development Code Committee (DDC) would be to review proposed amendments to existing development criteria, as well as to recommend changes to the Denton Development Code that would improve the effectiveness, clarity and focus of the development process in the City of Denton. The proposed committee membership will include two members of City Council, Perry McNeill and Joe Mulroy, and two members from the Planning and Zoning Committee, Virgil Strange and Mary Tibideau. It is anticipated that this committee would need to function for approximately 12 to 18 months. The members of Denton Development Code Committee met informally on May 12tH, 2006. The Committee members decided that they would meet on the lSt and 3rd Thursday of each month at 7:30 am. The meeting location will be determined at a later date. A list of suggested topics were provided to committee members at this meeting and each member was asked to review and revise as necessary for the next meeting. The first meeting of this committee is tentatively scheduled for June 15th at Denton City Hall West in the Planning Conference Room. An associated topic discussed by the committee members was the City Council and P&Z joint meetings. It was a general consensus that these joint meetings would be postponed until the Code Committee was underway and had established issues to report back to both groups at the joint meeting. PRIOR ACTION/REVIEW (Council, Boards, Commissions) February 7th, 2006-At the City Council meeting of Feb 7th, Pete Kamp requested the development of a City Council Ad Hoc Development Code Committee. April 4th, 2006-Pete Kamp, Perry McNeill and Joe Mulroy met to discuss the proposed committee membership in FISCAL INFORMATION N/A EXHIBITS None Respectfully submitted, s ~ ~ t ~ y- I 5 -0. .w:.. ~ . Howard Martin, Interim City Manager AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: Parks and Recreation / Communit Development CM: Howard Martin, 349-8232 SUBJECT Receive a report, hold a discussion and give staff direction regarding the submission of a Section 108 Loan Guarantee Program application to the US Department of Housing and Urban Development to provide supplemental funding for the City's Home Improvement Loan Program. BACKGROUND Community Development Block Grant and HOME funding available to support home improvement programs has been decreasing over the past few years. The need to provide affordable housing options to low and moderate-income households in Denton has been given a "HIGH" priority in the city's FY 2005-2009 Consolidated Plan. The purpose of this Section 108 Loan Guarantee application is to leverage funds to ensure continuation of the Home Improvement Program (HIP) at its current level. The project will increase the number of available habitable housing units in target areas by providing low interest loans to assist low and moderate-income owners with rehabilitation, or, when rehabilitation is not feasible, reconstruction of modest single-family units. The Section 108 Program is a loan guarantee program that is available to communities based on their receipt of Community Development Block Grant funds. A CDBG grantee may request up to five times the amount of their current CDBG allocation for any eligible activity. The application that staff has prepared requests $650,000 in funding. This funding will supplement the Home Improvement Loan Program budget for the next two years. The $650,000 request is based on an analysis of the current loan income received from the Home Improvement Loan Program. HUD requirements for the Section 108 Loan Guarantee program require grantees to pledge assets for loan repayment including future CDBG allocations. However, future CDBG allocations cannot be the sole source of payback for the loan. Interest rates on interim borrowing are priced at the 3-month LIBO rate plus 20 basis points (0.2%). Permanent financing is pegged to yields on U.S. Treasury obligations of similar maturity to the principal amount. A small additional basis point spread, depending on maturity, will be added to the Treasury yield to determine the actual rate. Community Development staff have based calculations on an average monthly loan income of $5,000 and a 5.5% interest rate. The total monthly loan repayment is estimated at $4,500. Only the loan repayments from the HIP and future CDBG funds are pledged as security for the loan. No additional City assets would be pledged as security. HIP loan income should continue to increase as additional loans are provided to residents. In the event that loan income became insufficient, CDBG funds would be used to repay the note. If loan funds are insufficient and the CDBG program is no longer funded in the Federal budget, the debt would be forgiven. ESTIMATED PROJECT SCHEDULE After receipt, funding received under the Section 108 Loan Guarantee Program will be spent on eligible Home Improvement Program proj ects within a 24 to 3 0-month period. PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee was advised that community development staff planned to pursue additional sources of funding including a Section 108 Loan Guarantee. FISCAL INFORMATION Current Community Development staff will administer the funding as part of the existing Home Improvement Program. Staff salaries, supplies, training, etc. will be paid from the CDBG and HOME administration and program budgets. No general funds are requested to support this program. EXHIBITS 1. Draft of Section 208 Application Respectfully submitted: 4 s.' • .'r 1~.' i' 4 vay.'.'.'•~•'•'•'•'•'•'•'•'•'•'•'•'•~•' Janet Fitzgerald, Director Parks and Recreation Prepared by: _ ~~'v ' 5 'ati' T. x. Barbara Ross Community Development Administrator City of Denton,l'exas Community Development Block Gant Section 108 Loan Application Section I: General Information Standard Form 424: See Appendix A Applicant: City of Denton, Denton County, Texas -Entitlement City Denton's 2006 CDBG allocation: $890,440 Section 108 Loan Request: X650,000 Congressional District: Texas District 26 (See District Map -Appendix C) Chief Elected Official: Sta Contact: Name: Perry McNeill Name: Barbara Ross Title: Mayor of Denton Title: CD Administrator Address: 215 E McKinney Street Address: 101 S Locust St. - STE 500 Denton, TX 76201 Denton, TX 76201 Phone: (940) 349-7717 Phone: (940) 349-7726 Fax: (940) 349-8596 Fax: (940) 383-2445 Email: perry.mcneill(a~,cityofdenton.com Email: barbara.ross(ae,cityofdenton.com Section II: The Pro_j ect: Objectives: The City of Denton's 2005-2009 Consolidated Plan for Housing and Community Development includes an Owner-Occupied Housing Strategy that states that the City will, "encourage and assist low and moderate-income homeowners to maintain their units up to current City of Denton code standards. " The Consolidated Plan was recently amended by the city's 2006 Action Plan to include the Section 108 Loan Guarantee Program as a potential funding source. Section 108 funds will be used to meet the City's Owner-Occupied Housing Strategy. To a great extent, this Consolidated Plan strategy is accomplished through the Home Improvement Program (HIP). Home Improvement Program activities are eligible CDBG activities based on the following definitions and citations: Housing Rehabilitation - 24 CFR 570.703(h), 570.202 (a)(1); and Reconstruction [chapter 2, pages 2-83 and 2-84, in the CDBG Guide to National Objectives and Eligible Activities for Entitlement Communities: "Reconstruction became explicitly eligible for CDBG assistance as a result of a legislative change under section 225 of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (P.L. 104-234, enacted April 26, 1996). This change din section 105(x)(4) of the Housing and Community Development Act of 1974 as amended] broadens grantees' ability to use CDBG funds for "reconstruction" ofproperties. The Home Improvement Program will also meet a national objective as required by the Section 108 Loan Guarantee Program as a low-mod housing activity referenced in 24 CFR 570.208 (a)(3). 1 Exhibit 1 Project Purpose: The need to provide affordable housing options to low and moderate-income households in Denton, Texas has been given a "HIGH" prlorlty In the qty's FY 2005-2009 Consolidated Plan. The purpose of this Section 108 Loan application is to leverage funds to ensure continuation of the Home Improvement Program (HIP) at its current level. The project will increase the number of available habitable housing units in target areas (see Target Areas Nlap at Appendix B) by providing low interest loans to assist low and moderate-income owners with rehabilitation, or, when rehabilitation is not feasible, reconstruction of modest single-family units. The need for additional funds to carry out the HIP is threefold: l.) Denton's Federal CDBG funding has steadily decreased since the late 1990's; 2.) Construction materials, housing rehabilitation and labor costs have steadily increased during this same timeframe; and 3.) As the City completes substantial rehabilitation and reconstruction projects in target areas, the program self advertises. Because of the backlog of households waiting for assistance (44), this program is not widely advertised; yet, the waiting list continues to steadily grow with little or no marketing efforts. There is no question that the need for this assistance is great. Without additional funds to support HIP, Denton's owner-occupied affordable housing stock is in danger of further deterioration. The City of Denton must determine whether to assist fewer households, discontinue/decrease assistance for the reconstruction activity and/or find additional funds to keep assistance levels the same. Reconstruction has been a very successful and worthwhile, but a very costly activity. To discontinue the reconstruction activity would mean the households with the greatest housing needs would not be served, or would receive only minimal, "band aid" help through the City's minor repair program. The City of Denton continues to apply for Federal Home Loan Bank funds to support program activities. Their funding criteria have continually become stricter making it increasingly more difficult to be approved for funding for the City's HIP. In order to continue providing assistance for this high priority activity, it is critical that the City take action now to ensure the HIP's level and type of assistance is not cut. Denton is committed to continuing its search for funding sources. In the meantime, the City of Denton is in a position to financially back a loan from the Section 108 Loan Guarantee Program to prevent reducing its level of assistance to its citizenry at this time. Project Structure: • The City of Denton will be the borrower and principal party for the Section 108 Loan. • The city's Community Development Division currently administers the Home Improvement Program and has staff and procedures in place to successfully undertake this prof ect. • Because the project involves rehabilitation and reconstruction of owner-occupied units, the City of Denton will work with the households to be assisted to develop project specifications, disseminate bid packets and choose a contractor. There will be no developer participating in the program. • The City of Denton will be using existing program loan income as equity for the loan. The current loan portfolio has sufficient value and income to provide equity for the loan. • Though the individual homeowners will own the asset upon completion, all loans are secured by property liens set up as deeds of trust with referenced promissory notes that 2 protect the City's investment. Section l08 Loan project addresses are not identifiable at this time. Each qualified household and unit will be certified to ensure projects meet all regulations as required by 24 CFR 57o Subparts A, C, D, J, K, M and 0. • No businesses will be directly assisted with the Section 108 funding; however, these funds will provide a source of income for local builders, general contractors, materialmen and subcontractors. • This project does not include acquisition. The activity of owner-occupied rehabilitation and reconstruction assists households on their developed homesteaded lots. • Application to the Home Improvement Program is voluntary and therefore, does not require relocation costs be provided. Qualifying households will be responsible for their own relocation costs including temporary re-housing and moving and storage of household goods when reconstruction of a property is required. Though the rehabilitation activity does not normally require relocation, if temporary relocation is required during a rehabilitation project, these households will also be responsible for their own temporary re-housing costs. In the event rehousing is necessary due to lead-based paint activity and the household does not have a place to temporarily relocate to until lead clearance testing can be achieved, households will be temporarily rehoused to a hotel and be provided a daily per diem using CDBG or, if available, Lead Hazard Control grant funds. The City of Denton Community Development Division has a relocation policy for the purpose of protecting families during lead hazard control activities. Project Implementation: The Section l08 loan project will be implemented immediately upon funding availability. The HIP is an ongoing program with a waiting list of 44 families to date. It is the goal of this program to assist 14 to 20 households with substantial rehabilitation or reconstruction over two years. The Section 108 loan funds, along with CDBG, HOME and Federal Home Loan Bank funds will be expended over atwo- to three year time frame from the time the funds become available. Staff expertise, program guidelines and policies necessary to carry out this proj ect are already in place. There is currently a housing programs manager who manages the program and approves and oversees individual projects. A program specialist is on staff whose duties include soliciting applications, underwriting, and servicing loans. This includes invoicing, documenting payments and collections work when it becomes necessary. The entire loan process ishandled in-house. Community Development also has a residential construction specialist who oversees the rehabilitation, demolition and reconstruction work, approves contractor payment requests, prepares change orders, verifies that contractors and sub-contractors are not on HUD's debarred list, etc. The project will follow these steps: 1. Advertise citywide for participants. 2. Accept applications for program (follow previously adopted underwriting procedures). 3. Determine applicant eligibility. 4. Residential construction specialist will complete structural evaluation of home. 5. Determination as to the scope of work, i.e. rehabilitation or reconstruction. 6. Write-up is completed, cost estimate is prepared and bids are solicited 7. Owner chooses contractor from eligible bids (within 10 % of cost estimate). 8. Contractor and homeowner execute a contract for the pending work 9. Work begins 3 10. During projects and upon completion, staff will perform inspections to ensure quality of work and materials. City of Denton Building Inspections Division staff performs code inspections at required intervals and at final. 11. Statutory Retainage (10 percent of proj ect bid) is held at final inspection. Contractor may request retainage 30 days after final inspection if work is satisfactorily completed. 12.Owner's loan payback begins one month after statutory retainage is paid to contractor. (In the event there are monetary change orders, owners sign revised contracts at project end to reflect contract and loan amount changes.) The Home Improvement Program consists of the following eligible activities: Owner-Occupied Rehabilitation: will assist eligible applicants to rehabilitate single-family principal residences by making needed repairs with the first priority being to correct code violations. This activity is eligible when a completed project will yield a structurally sound, safe, sanitary and decent single-family dwelling that meets local building codes. Owner-Occupied Reconstruction: is available when existing dwellings are not feasible for rehabilitation. Optional reconstruction provides funds to demolish existing dilapidated dwellings and reconstruct modest, energy efficient, safe and sanitary replacement single- family dwellings on the same lot. The Home Improvement Program provides a combination payable/deferred loan. The payable/deferred portions are a split percent of the total project cost on a sliding scale based on income level adjusted for family size. The lien includes the total City-paid project costs distributed in the following percentages: Household Loan Terms The payable loan carries a 3 or 4 percent AM Income Levels % Payable % Deferred interest rate and is amortized from 5 to 20- years depending on the loan amount. The 80%->65% Moderate 70 30 deferred loan portion has a zero percent 65%->50% Low 40 60 interest rate and a percentage is forgiven 50%->30% Very Low 20 80 monthly for the term of the lien. <30% Extremely low 10 90 To qualify, a property must exhibit one or more building code deficiencies. Properties deemed not feasible for rehabilitation are eligible to apply for a reconstruction. The City does not pay for temporary relocation of families since assistance for this activity is voluntary. Applicants must be in good credit standing and have sufficient income to pay a Home Improvement Program loan as well as housing expenses (homeowner's insurance, property taxes, utilities, existing first liens). Properties are not eligible for rehabilitation assistance when the only issues to be addressed are cosmetic or when less than $5,000 in repairs is needed. Statement of Financial Sources and Uses Statement: Sources: Section 108 Loan $ 650,000 CDBG/HOME (two year period) $ 450,000 FHLB funds $ 15,000 Owner Funds 3 000 4 TOTAL $1,118,000 Uses (approximate two-year period): Rehabilitation Costs (12 units) $ 468,000 Reconstruction Costs (8 units) 650 000 TOTAL: $l,l 18,000 Eligible Activity Section 108 Other National Objective Housing Rehabilitation & $650,000 $468,000 §570.208 (a) (2) Relocation eligible under §570.202, (§570.703 (h)) Budget DESCRIPTION ~ AMOUNT Rehabilitation Hard Costs $ 467,000 Reconstruction Costs $ 597,000 Demolition Costs $ 48,000 Project Soft costs (platting, filing, title search, etc. fees) $ 6,000 Total Project Costs ~ 1,118,000 National Objective Compliance Denton's HIP guidelines sets up a program that meets the national objective of benefiting low and moderate-income persons for the "purpose of improving permanent residential structures", as referenced in 24 CFR §570.208(a)(3). The project will be a Low-Nlod Housing activity that will limit participation to low and moderate-income households. Gross household incomes must be at or below 80 percent of Denton area median income level, adjusted for family size. The FY 2006 eligibility income levels for Denton, adjusted for family size are: Rehabilitation I Reconstruction Number of People 80% of Denton's AMI Living in Household Maximum Income Limits 1 $37,250 2 $42,550 3 $47,900 4 $53,200 5 $57,450 6 $61, 700 7 $65,950 8 $70,200 These income levels are adjusted when new approved levels are posted by the Department of Housing and Urban Development. Households making above 80 percent of Denton's median income levels are not eligible for assistance. 5 SECTION III: SUPPORTING INFORMATION: Identify loan repayment source (both CDBG pledges and program income): The City of Denton has funded owner-occupant rehabilitation loan assistance for more than 20 years and reconstruction loan assistance for eleven years. In addition to pledging future CDBG funds, the HIP loan income portfolio (as of 5/1/2006) has apre-interest value of approximately $655,300 that will be pledged as collateral for the Section 108 loan. The $655,300 loan portfolio value represents the payable portion of current outstanding loans at pre-interest value (loans are a combination of payable/deferred portions). The amount of expected income from this loan portfolio, with interest over time remaining, is $896,000. History shows both interest income and income from deferred loan payoffs greatly increases the income potential of the portfolio. Additionally, Denton has a zero percent default rate and a very low "slow pay" rate. The Section 108 loan project will generate new HIP loan income with an estimated pre-interest value of $400,000. Staff projects future new loan income will be generated from projects completed with CDBG, HOME, Federal Home Loan Bank, owner and other funding sources, as they become available after the Section 108 project is complete. This will generate additional loan income estimated at $12,000 compounded annually. Program loan income in excess of amounts held as collateral to pay the Section 108 Loan will be available to continue HIP activities. This should ensure that a steady source of funding remains available for this high priority activity. It will also serve to continually strengthen the loan portfolio. PROPOSED SECTION 108 LOAN REPAYMENT SCHEDULE YEAR PRINCIPAL YEAR PRINCIPAL 1 X33, D00 11 $33, 000 2 X33, D00 12 $33, 000 3 X33,000 13 $33,000 4 X33, D00 14 $33, 000 5 X33, D00 15 $33, 000 6 X33, D00 16 $33, 000 ~ X33, D00 1 ~ $33, 000 8 X33, D00 18 $33, 000 9 X33, D00 19 $33, 000 10 X33, D00 20 $23, 000 Along with the loan repayments and the CDBG Entitlement fund pledge, the Section 108 Loan will be collateralized through a first or second lien on the homes of those participating in the program. 6 Appendix A n~ ~ a ~ a~1e1~e ere ~ ~ ~ a a ~ ~~n P~ ~ ~mm,~ ~ ~1~ E 11d~ne~ ~ ~ ~ ~i ~ L aa~n 1~ ~ ~ ~'I ~ mn r~~~d~p ~~d~p 0®`®0®0®00 ~ ~ ~ 1141 11~P! ~F~PLI~IIM~ ~ i~k~M~ ~ ~ ~ 0 0 ~ ~ ~ ~ ~ are wee 1u~e~ r~, ae~~11~ 111tie ~ D®~©D© ~ 1~~ ~ ~ ~ Tam ae~ ~ ~ I~ ~11~ ~1~ ~ ~ 1~ ~ ~ T~ ~ k 1 T~~ ~ 1~ ~ 1~ a 11~ ~E~~1~@~i4E 1~ ~ L~11= ~L~ kl~ ~ 1~IM~11~~E~1~~ ~ ~ I'1~1 I~T~ '1~ ~ ~R~'E R ~ ~ 111! M1'ad11~11' X11 ~1MI~ ~d~11E ~ a~R~~ ~11~ ~M~ ~ L~L1~ ~1141~ ~ 1Nl~+~~1~ X1'1! ~LI~~MT ~Ila 11! ~L1~1M1.11L~ ~L~ X1111111! 11~Y1~~ ~ 111! 1'~IIIG! ~ 1~ ~ 1~ 11~ Fwd 11~ _ X ~ APPENDIX B 1 o en on exas Home Improvement Program -Target Areas Map ..F \ 5 •n { ~ } 4 ~ ~ I ~ A' • f5 I f ` ' } ' s M1:... • v r. ~ ~ -•F y. x. 54 ::+.v i. •t _•1ti y 3 f s .h 7 ~ f + } ' •4 { ..,r. f• v .t > :t~~ :a + ;i r 3{ I ' .r: i l' • %i ~ •.~f • t f } .i i i '1~ . ....y r.. r„ y. 5 vti ~ # t ~ s M1 • } V { ~ ~I~ • f • n ~ +~.L 1 i~, ~ ~ r . . C t: 'i . } ri ~ h••I i f ••f } a s. r ••i .,A ~ 'I r:• ~ 1 1 ~i ~ Y ~ I 3+ ;4 xi 5' n1i+~ ti 4 M F• h ~ i i {f ~ - ~ • } •f~ ; -V 1~ f 1 +i i1 •f _ I ry ~.1 'S ~ r r• - fr ' - ~ rry-:k - ~ + i , • a k•: , - ~ - iii f •i ~ yy~ } ; h ~ 1 + 1• 5 i~ ~ .F r..~ 5 ;y1 f\ 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ `r ~ ~ ~ ~ ~ ~ ~ U a~ ~ ~ ~ i~ i~ J AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: City Manager's Office CM: Howard Martin, Interim City Manager SUBJECT Receive a report, hold a discussion, and give direction regarding the Council Rules of Procedure and Council committees, including the creation of the position of Deputy Mayor Pro Tem, providing that the Deputy Mayor Pro Tem be added as a member of the Agenda Committee, providing for a Council Committee to review and make recommendations to the Council regarding the structure and make-up of Council Committees, and any other matter related to Council procedures and committees. BACKGROUND Mayor McNeill requested that this item be placed on the June 6, 2006 City Council agenda. Respectfully submitted: Jennifer Walters City Secretary AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: Electric Utility CM: Howard Martin, 349-8232 SUBJECT Receive a report, hold a discussion, and give staff direction regarding TMPA Coal Resolution. BACKGROUND The City of Denton is one of four municipal members of the Texas Municipal Power Agency (TMPA), which owns and operates the Gibbons Creek coal fired generating unit on behalf of its member cities. Denton's share of the plant output is 97 MW. In 1995, in order to obtain the economic and environmental advantages of a fuel having a lower sulphur and higher Btu content, TMPA switched its fuel source from locally mined lignite to coal from the Wyoming Powder River Basin. The Burlington Northern Santa Fe Railroad (BNSF) is the sole provider of rail transportation to the Gibbons Creek Plant from the Wyoming Powder River Basin. Although the BNSF transports coal for other shippers at competitive rates, they have been steadfast in insisting on charging "captive shipping" rates to TMPA. Since these "captive rates" for coal transportation amount to 80% of TMPA's fuel costs, achieving competitive rail rates is a key to the Denton Municipal Electric being able to provide competitive electric rates to Denton citizens. 2006 marks the eleventh year of TMPA's effort to obtain competitive coal transportation rates. During this period, TMPA has pursued contract negotiations with the BNSF, has studied trackage rights, and has attempted to obtain rate relief through a rate case at the federal Surface Transportation Board. None of those efforts have been successful. On the other hand, TMPA has noted that utilities that have constructed a rail spur to establish competition have historically received and continue today to receive competitive rates. As a consequence, a $60M investment in a spur appears to be TMPA's only viable option to achieve competitive rates. As TMPA moves forward with its plan to construct a spur, it expects to encounter many challenges from the railroads. One of the most significant challenges that has arisen relates to new programs of the Union Pacific (UP) and BNSF to publish non-negotiable rates that will be charged for coal transportation movements in the future. UP and BNSF are the only carriers that can provide coal transportation services from the Powder River Basin to power plants in Texas. It is essential that, for power plants that have constructed the rail lines necessary to obtain access to both carriers, the carriers actually compete by bidding competitive rates. Yet, competition is threatened by programs, recently announced by BNSF and UP, to publish non-negotiable rates in advance of any bidding or negotiation. The worse case scenario is that, in the situation where a power plant having access to both carriers solicits bids for the service, the carriers will not bid any rate other than the non-negotiable rates that they previously published. If this trend goes unchecked, the ability of shippers to obtain competitive coal transportation rates through spur construction will be seriously undermined. TMPA and representatives of its member cities have organized a plan to contact federal and state legislators to seek their help in improving access to competitive rail rates for its coal deliveries to the Gibbons Creek plant. The attached Resolution, and similar resolutions passed by the Councils of the other TMPA member cities, will be used in meetings with legislators to demonstrate the support of each TMPA member city on this important issue. OPTIONS 1. Pass the attached Resolution 2. Do not pass the attached Resolution RECOMMENDATIONS Denton's TMPA Board members recommend passage of the Resolution. PRIOR ACTION/REVIEW (Council, Boards, Commission) None FISCAL INFORMATION NA ATTACHMENTS 1. Resolution Respectfully submitted: :~:~v Sharon Mays Director of Electric Utilities RESOLUTION N0. R2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING THE EFFORTS OF THE TEXAS MUNICIPAL POWER AGENCY, A JOINT POWERS AGENCY, TO OBTAIN COMPETITIVE RAIL TRANSPORTATION RATES FOR THE TRANSPORTATION OF ITS COAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Municipal Power Agency ("TMPA"), is a j oint powers agency formed under Texas law by the cities of Bryan, Denton, Garland and Greenville in 1975 for the purpose of generating and providing electric power to its four (4) member cities; and WHEREAS, in 1983, TMPA began commercial operations, generating electric power from its Gibbons Creek Plant, near Bryan, Texas, utilizing locally-mined lignite coal for fuel; and WHEREAS, in an effort to obtain a cleaner burning and more economical fuel, TMPA converted its fuel source from locally-mined lignite coal to Wyoming Powder River Basin coal in 1996, and at that time began receiving coal transportation services from the Burlington Northern Railroad, now the Burlington Northern Santa Fe Railroad ("BNSF"), to transport coal from Wyoming to its Gibbons Creek plant near Bryan, Texas; and WHEREAS, BNSF is the sole provider of rail transportation to the Gibbons Creek plant near Bryan, Texas, and as a result, BNSF charges "captive" rates for transporting coal to TMPA, in interstate commerce, that are significantly higher than those rates that are being charged to similarly situated electric utilities that have access to more than one railroad; and WHEREAS, TMPA has, among other options, tirelessly pursued contract negotiations with BNSF, and has pursued rate relief before the Surface Transportation Board ("STB"), all of which efforts have brought no significant relief to the captive rate charged TMPA; and WHEREAS, TMPA expects to operate the Gibbons Creek Plant for at least thirty (30) more years, and with potential plans for a second unit, the Member Cities could pay an estimated $300 to $800 million or more, over the next forty (40) to fifty (50) years if TMPA is unsuccessful in lowering the rail transportation costs for coal; and WHEREAS, our city is dependent upon competitive electric power rates in our deregulated Texas electric market in order to sustain economic development and quality of life and services for our citizens; NOW, THEREFORE, THE COUNCIL OF CITY OF DENTON HEREBY RESOLVES: SECTION 1 The City Council of the city of Denton, Texas urges Members of Congress and U.S. Senators to work with the TMPA in its efforts to acquire a reasonable rail rate for coal transportation services, and in turn, continue to provide the City of Denton, Texas with electric power that is competitively priced with other Texas communities. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: S:10ur DocumentslResolutions1061TMPA Coal Resolution-Railroad Transportation Rate-2006.doc AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a Resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. BACKGROUND The Denco Area 9-1-1 District, created in 1987, is governed by a board of managers. The board is appointed by the county, participating cities and the Denton County Fire Chief s Association. Board members serve staggered two-year terms and are eligible for reappointment. The Emergency Telephone Number Act states: "the board shall manage, control and administer the district. The board may adopt rules for the operation of the district. " On May 15, 2006 Denco Area 9-1-1 sent a memo (attached) requesting nominations to serve on the Board of Managers, which was provided to Council in the May 26, 2006 Reading File. The term of Harlan Jefferson, Flower Mound Town Manager, expires on September 30, 2006. Mr. Jefferson has expressed his desire to serve another term if appointed. The current Board of Managers is comprised of the following individuals: Board Member Appointed By Term Expires Jack Miller, Chair Denton County Commissioners Court 9/30/2006 Mayor Olive Stephens, Vice Chair Denton County Participating City 9/30/2007 Harlan Jefferson, Secretary Denton County Participating City 9/30/2006 Lewis Jue Denton County Commissioners Court 9/30/2006 Chief Lonnie Tatum Denton County Fire Chiefs Association 9/30/2007 Keith Stephens Largest Telephone Service Provider Rep. Non-voting Agenda Information Sheet June 6, 2006 Page 2 ESTIMATED SCHEDULE OF PROJECT Nominations are due to Denco by July 15, 2006. On July 16, 2006 the District will send copies of nominations to each city for consideration, requesting the city to vote for one of the nominees. The Denco Board of Managers will count the votes from the responding cities. The candidate with the most votes will be the municipalities' representative to the Denco Area 9-1-1 District Board of Managers for the two-year term beginning October 1, 2006. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council has nominated Mr. Jefferson to serve on the Board since 1998. FISCAL INFORMATION This Resolution has no fiscal impact. EXHIBITS Memo from Denco Resolution Respectfully submitted: r}s~ , :5 Jon Fortune Assistant City Manager o ,~T-~=- - P.O. Box 293058, Lewisville, Texas 75029-3058 Phone/TTY: 972-221-0911 ~ FAX: 972-420-0709 ~ Web Page: www.denco.org T0: Mayors of Cities in Denton County FROM: Mike Pedigo, Executive Director DATE: May 15, 2006 RE: Appointment to the Denco Area 9-1-1 District Board of Managers Chapter 772, Texas Health and Safety Code, provides for the Denco Area 9-1-1 District Board of Managers to have "two members appointed jointly by all the participating municipalities located in whole or part of the district". The enclosed resolution, approved by the district's board of managers February 4, 1999, explains the procedure for appointing municipalities' representative to the board of managers. Each year the term of one of the two members appointed by participating municipalities expires. This year, the term of Harlan Jefferson, Flower Mound Town Manager, expires September 30, 2006. Members are eligible for consecutive terms. Mr. Jefferson has expressed his desire to serve another term, if appointed. In order to coordinate the appointment among 34 participating municipalities, the district requests the following actions by the governing bodies of each city: 1. If your city would like to nominate a candidate to represent the municipalities on the Denco Board of Managers, please send a letter of nomination and/or resume of the candidate to the Denco Area 9-1-1 District office. Nominations must reach the Denco Area 9-1-1 District on or before July 15, 2006. No nominations shall be considered afterthat date. 2. On July 16, 2006, the district will send copies of nominations to each city for consideration, requesting the city to vote for one of the nominees. 3. The Denco Board of Managers will count the votes from responding cities. The candidate with the most votes will be the municipalities' representative to the Denco Area 9-1-1 District Board of Managers for the two-year term beginning October 1, 2006. Please mail nominations and resumes to the Denco Area 9-1-1 District, P.O. Box 293058, Lewisville, TX 75029-3058. If you have any questions, please do not hesitate to call meat 972-221-0911. Thank you for your support of the Denco Area 9-1-1 District. cc: Denco Area 9-1-1 District Board of Managers Enclosures 1075 Princeton Street, Lewisville, Texas 75067 Council Resolution No. A RESOLUTION NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ,TEXAS: Section 1 The City of hereby nominates as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. Section 2 That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. Mayor City of ATTEST: APPROVED AS TO FORM: City Secretary City Attorney DENCO AREA 9-1-1 DISTRICT RESO~,UTION DEFINING PROCEDURE FORAPPOINTMENT OF PARTICIPATING MI~NICIPALITIES' REPF~ESENTATIVE TO THE DISTRICT BOARD OF MANAGERS. WHEREAS, Chapter ?72, Texas Health and Safety Code provides for the Denco Area 9-~ -1 district Board of Managers to have "two members appointed jointly by all the participating municipalities located in whole ar part of the district."; and WHEREAS, each member serves a term of two years beginning on Qctober 1St of the year member is appointed; and ~'HEREAS, one member representing participating municipalities is appointed each year, NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-~-~ ~►ISTRlCT BOARD QF MANAGERS: The procedure for participating municipalities to appoint a representative to the Denco Area 9-1-1 District Board of Managers shall be the fallowing: 1. Prior to May 1 stn of each year, the executive director shall send a written native to the mayor of each participating municipality advising that nominations are open far one of the municipal representatives to the Dena Area 9-1-~ District Board of Managers until July 15`" of that same year. The notice shall advise the mayors that, for a nomination to be considered, written notification of council action must be received at the Denco office . prior to 5:00 p.m. on July 15 of that year, IVo nominations shall be considered after that time. Z. Can July 1 Bt" of each year, the executive director shall send written notice to the mayor of each participating municipality providing the slate of nominees to be considered for appointment to the Denco Area g-1-1 District Board of Managers for the term beginning October 1 S'. The notice shall advise the mayor that the city council shall vote, by resolution from such city, for one of the nominees. vVritten notice of the council's selection must be received at the district office by S.Oa p.m. an September 15t". No notice will be accepted after that time. The one nominee with the most votes received by the deadline will be the municipality representative appointed for thetwo-year term beginning October ~St. 4. If there is a tie between tvvo candidates with the most votes, a runoff election will be held immediately with the candidate receiving the most votes serving the remainder of the term. The incumbent representative shall serve in that position,~until replaced. APPROVED and ADOPTED on this 4t" day of Februa~ 1 X99 C airman, ~ rd of (tanagers Secretary, Board of onagers S:lOur Doc~mentslRes~lu~i~ns10~1911 nominate me~ber.doc i REOf,[~TION NO. A REOLC]TION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA. 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. ~REA.S, the term of office ofHarlal~ ~effersan, Flo~rer Mound Town Manager, ~ member of the Board of Managers of the Der~co 1-1 District, ~.ll expire on September 0, ~a~~; and ~IEREA, section 7?~.3~~~c}~~} of the Health and Safety Code ~V.A.C.S.~ provides that two voting members of the Board of Managers of an Err~erency Communication District shall he appo~nted~omtly by part1c1patmg ~nutncipahtles located ~n whole or m part m the District; and AREAS, the City of Denton, Texas v~ishes to no.i~ate a member to said Board; NOS, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEAS, HEREBY RESOLVES: SECTION l . The City of Denton, Texas hereby nominates Harlan .Tefferson as ~ member to the Board of Managers far the Denco Area ~-1-1 Emergency Cor~n~unication District of Denton County for a t~vo-year term to commence October 1, 2~~~ SECTION . This Reolu~.on shall become effective ne.ately upon its passage and approval. PASSED AND APPROVED this the day of 2~~~. FERRY R.1VieNEILL, MAYOR. ATTEST: JENNIFER AFTER, CITY SECRETARY BY: APPROVED AS TO LEC~ALr FORM: EDWIN . SNYDE CITY ATTO Y BY: I AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: Fiscal Operations ACM. Jon Fortune SUBJECT Consider approval of a resolution of the City of Denton, Texas, approving the 2007 Budget of the Denton Central Appraisal District; and providing an effective date. BACKGROUND The Texas Property Tax Code requires taxing jurisdictions to approve or disapprove their Appraisal District budget within 30 days after its adoption by the Appraisal District's Board of Directors. The Proposed Budget (attached) was provided to City Council in the May 19, 2006 Reading File. The Appraisal District's Board of Directors met on May 25, 2006, to discuss and adopt the budget. The City's allocation for the Appraisal District's 2007 Budget is included in the 2006-07 Proposed General Fund budget. FISCAL INFORMATION The proposed budget allocation to the City of Denton is $42,085 greater than last year, (2006 allocation = $248,873; 2007 allocation = $290,958). The tax unit allocations are based on a percentage of each taxing unit's current year levy. EXHIBITS "Summary" of Proposed DCAD Budget Proposed DCAD Budget Resolution Respectfully submitted: 5 'I F~ } I - i x - j fi Diana G. Ortiz Chief Financial Officer Summary of Denton Appraisal District 2007 Budget The Proposed Budget has been reviewed and is summarized below as a quick reference: - 2007 Proposed Budget for DCAD is $1,051,540 greater than the prior year or 13.14%. - The increase in the 2007 Budget was driven primarily by growth in the area served by the District. - The proposed budget includes a 4.1 % cola increase for personnel with $75K for salary adjustment for three new employees. The new positions requested are: 2 -Residential appraisal support 1-Commercial Appraiser - Of the total increase, the "Personnel Services" category accounts for the majority (63%) of the 13.64% overall increase, totaling $658,473. - The "Utilities and Maintenance" category also includes an increase of $45,981 for "Telephone and Building and Ground Maintenance". - Debt Service also increased by $46,992. The City's contribution will increase from $248,873 to $290,958. S:ITREASURYIDCADI2-BUDCAD Summary of 07 Budget.doc Denton Central Appraisal District 2007 Budget Notice Of Public Hearin On . g Denton Central A raisal District 200? Bud et pp g The Denton Central Appraisal District will hold a public hearing on a proposed budget for. : the 2007 fiscal year. The public hearing will be held on May 25, 2006 at 4:00 P.M. at 3911 Morse Street, Denton, Texas. A summary of the appraisal district budget follows: The total amount of the proposed budget. ~ 9,051,447.23 The total amount of increase over the current year's budget. ~ 1,051,539.85 The number of employees compensated under the proposed budget. 74 . The number of employees compensated under the current budget. 71 The appraisal district is supported solely by payments from the local taxing units served by the appraisal :district. If approved by the appraisal district board of directors at the public hearing, this proposed budget will take effect automatically unless disapproved by the governing bodies of the county, school districts, cities and towns served by the appraisal district. A copy of the proposed budget is available for public inspection in the office of each of .those governing bodies. A copy is also available for public inspection at the appraisal. district office. Denfon Central Appraisal District 3911 Morse Denton, Texas 76208 (940) ;349-3800 f III I ~ ENTON ENTRAL PPRAISAL (STRICT 3911 MORSE STREET, P 0 BOX 2816 ~f Mt 4. r DENTON, TEXAS 7b202-2816 ~ ~ WWW.DENTONCAD.COM z rs3r.• 5`o"~`r~µ MEMO T0: To The Taxing Jurisdictions Served By DCAD and The DCAD Board of Directors -FROM: Joe Rogers, Chief Appraiser DATE:.. April 27, 2006 ~ ~ . SUBJECT: Proposed 2007 Budget The Chief Appraiser's proposed 2007 Budget is hereby submitted. The. ro osed pp Budgetwas completed in accordance with the requirements of Texas Property Tax Code Sec. 6.06. The information required by Code Sec. 6.06 is provided in the proposed budget. A public hearing will be held on the proposed budget at 4:00 PM, on May 25, 2006, in accordance with Code Sec. 6.06 and.: 6.062. The proposed .budget totals $9,051,447.23. This amount is $1,051,539.85... greater than the, anticipated 2006 fiscal year expenses of $7,999,907L38. The. substantial increase in the 2007 Budgetwas driven primarily by growth. in the . district and the continually increasing demand for additional servicesfrom the district by the public. With the growth in the County, the number of arcels has p increased ,substantially which. allowed us to decrease the cost per parcel for 2007. The 2007 proposed budget includes a 4.1% cost of living. increase for ersonnel p with $75,000.00 set aside for salary adjustments and three new employees., PHONE: (940) 349-3800 METRO: (972) 434-2602 FAX: 19401349-3801 ~ ~ 2007 Revenues & Expenses . .SUMMARY OF 2007 REVENUES AND EXPENSES BUDGET AND COMPARISON TO THE 2006 REVENUES AND EXPENSES BUDGET Zoos 2007 ..CLASSIFICATION BUDGET BUDGET REVENUES: FUNDING FROM JURISDICTIONS $7,849,907.37 $8,901,447.23 ..FUNDING FROM INTEREST, COPIES, .MISC. $150,000.00 $150,000.00 $0.00 $0.00 TOTAL REVENUES $7,999,907.37 $9,051,447.23 .EXPENSES: TOTAL BUDGETED EXPENSES $7,999,907.37 $9,051,447.23 TOTAL. BUDGET $7,999,907.37 $9,051,447.23 Although the District's budget is increasing, the, number of parcels that the District processes is increasing substantially, which drives the increased cost. The District's :cost,per parcel is actually decreasing. 2006 2007 + YEAR YEAR CHANGE PERCENTAGE ACCOUNTS 312,904 361.,000 48,096 15.37% BUDGET $7,999,907. $9;051,447 $1,051,540.23 13.14% COST PER:PARCEL $25.57 $25.07 ($0.493) -1.93% As the information above indicates, the cost per parcel decreased by 1.93%. Each year the District attempts to avoid having the cost per parcel increase. 2007 BUDGET ALLOCATIONS WORKSHEET OF DENTON OUT OF 2007 2005 TOTAL ~ COUNTY COUNTY BUDGET JURISDICTIONS TAX LEVY LEVIES CHARGES CHARGES ALLOCATIONS SCHOOL DISTRICTS: SO1 ARGYLE ISD $12,731,874.17 1.4738% $129,774.71 $129,774.71 502 AUBREY ISD $6,343,209.61 0.7343% $64,655.70 $64,655.70 SOS DENTON ISD $120,243,829.31 13.9194% $1,225,633.23- $1,225,633.23 507 KRUM ISD $9,328,538.47 1.0799% $95,084.85 ~ $95,084.85 508 LAKE DALLAS ISD $18,549,091.25 2.1472% $189,069.02 $189,069.02 509 LEWISVILLE ISD $310,096,754.25 35.8969% $3,160,784.96 $3,160,784.96 S 10 LITTLE ELM ISD $19,692,064.47 2.2796% $200,719.23 $200,719.23 S 11 NORTHWEST ISD $104,721,479.57 12.1226% $1,067,415.49 $79,200.00 $1,146,615.49 S12 PILOT POINT ISD $6,869,759.98 0.7952% $70,022.77. $16,21.0.00 $86,232.77 513 POI~tDERISD $10,652,745.71 1.2332% $108,582.36 $108,582.36 S 14 BANGER ISD $10,148,560.70 1.1748% $103,443.26 $103,443.26 SCHOOL DISTRICTS TOTALS $629,377,907.49 72.8569% $6,415;185.5.8 $95.,410.00 $6,510,595.58 GOl DENTON COUNTY $93,725,165.01. ~ 10.8496% $955,331.16 ~ ~ $955,331.16 CITIES: C26 CITY OF ARGYLE....... $1,122,002.75. 0.1299% $11,436.46 ~ ~ : $11,436.46 COl CITY OF AUBREY....... $498,718.66 0.0577% $5,083.39 $5,083.39 C31 CITY OF BARTONVILLE.. $308,967.58 0.0358% $3,149.28 $3,149.28 C42 CITY OF DISH $36,650.67 0.0042% $373.58. $373.58 C03 CITY OF THE COLONY... $12,741,744:54 1.4750% $129,875.32 $.129,875.32 C04 CITY OF CORINTH.k.... $6,603,893.13 0.7645% $67,312.82 $67,312.82, C27 TOWN OF COPPER CANYON $221,322.67 0.0256% $2,255.92. $2;255.92 COS CITY OF DENTON....... $28,545,177.25 3.3044% $290,958.1 l , $290,958.11 C30 TOWN OF DOUBLE OAK... $556,886.53 0.0645% $5,676.29 - $5,676.29 C07 TOWN OF FLOWER MOUND.. $23,705,743.37 2.7442% $241,630.25 ~ $241,630.25 C22 TOWN OF HACKBERRY.... $64,173..64 0.0074% $654.12 ~ $654.12 C19 TOWN OF HICKORY CREEK $855,559.95 0.0990% $8,720.64 $8,720.64 C08 CITY OF HIGHLAND VILLAGE $6,975,042.66 0.8074% $7,1,095.91 $71,095.91 C09 CITY OF JUSTIN...,..... $667,636:34 0.0773% $6,805.15 $6,805.15 C18 CITY OF KRUGERVILLE.. $170,554.01 0.0197%. $1;738.44 $1,738.44 C10 CITY OF KRUM......... $712,473.26 0.0825% $7,262.17 ( $7,262.17 C 11 CITY OF LAKE DALLAS.. $1,774,123.04 0.2054% $18,083.46 ~ $18,083.46 C25 TOWN OF LAKEWOOD VILLAGE $120,495.96 0.0139% $1,228.20 $1,228.20 C12 CI'T'Y OF LEWISVILLE... $24,144,095.28 2.7949% $246,098.33. 402.95 $246,501.28 C13 TOWN OF LITTLE ELM... $3,866,79.5.49 0.4476% $39,413.86 ~ $3.9,413.86 C23 CITY OF MARSHALL CREK $44,553.34 0.0052% $454.13 $454.13 C33 TOWN OF NORTHLAKE.... $338,889.52 0.0392% $3,45.4.27 ~ $3,454.27 C24 ,CITY OF OAK POINT.... $1,095,870.17 0.1269% $11,170.09 $11,170.09 C14 CITY OF PILOT POINT.. $849,163.94 0.0983% $8,655.44_ ~ $8,655.44 C15 TOWN OF PONDER....... $227,228.70 0..0263% $2,316.12 $2,316..12 C17 CITY OF ROANOKE...... $2,527,147.07 0.2925% $25,758.96 $25,758.96 C16 CITY OF BANGER:...... $1,779,439.00 0.2060% $18,x,37.64 $18,137.64 C34 TOWN OF SHADY SHORES $497,792.03 0.0576% $5,073.94 $5,073.94 C28 CITY OF TROPHY CLUB.. $2,408,422.44 0.2788% $24,548.81 $24,548.81 CITIES TOTALS $123,460,562.97 14.2918% $1,258,421.10 $402.95 $1,258,824.05 2001 BUDGET ALLOCATIONS WORKSHEET- OF DENTON OUT OF 2007 . 2005 TOTAL COUNTY COUNTY BUDGET 1URISDICTIONS TAX LEVY LEVIES CHARGES CHARGES ALLOCATIONS .SPECIAL DISTRICTS: W04 CLEARCREEK WATERSHED AUfiHORITY $1,11,137.75 .0.0129% $1,132.82 $1,132.82 W07 CORINTH MUD ~ $225,804.04 0.0261% $2,301.60 2 301.6 0 LOl DENTON COUNTY LEVY IMPROVEMENT DIST #l. $576,303.06 0.0667% $5,874.20 $5,874.20 WOS ~ TROPHY CLUB MUD #2 $1,093,108.30 0.1265% $11,141.94 11 141. $ 94 RUD DENTON COUNTY ROAD & UTILITY DISTRICT #l. $2,697,794.75 0.3123% $27,498.35 27 4 W03 TROPHY CLUB MUD.#1 1 0 $ , 98.35 . 3,628.69 0.0942 /o $8,293.23 $448.00 $8,741.23 W10 DENTON CO. FRESH 'WATER DIST #1B $2,117,024.81 0.2451 % $21,578.62 $21,578.62 W l 1 ~ DENTON CO. FRESH WATER DIST #1C $47,473.14 0.0055% $483.89 $483.89. W 12 DENTON CO. FRESH V~ATER. DIST. #1D $1,303,630.61 0.1509% $13,287.78 ~ ~ 1 $ 3,287.78 W13 DENTON CO. FRESH WATER DIS #6 $3,029,114.42 0.3507% $30,875.46 $30,875.46 W15 DENTON CO. FRESH WATER DIST. #lE $1,009,722.09 0. l 169% $10,292.00 10 $ ,292.00 W16 DENTON CO. FRESH WATER DIST. #9 $1,496,253.80 0.1732% $15,251.16 $15,251.16. W17 DENTON CO. FRESH WATER DIST. #10 $888,625.24 0.1029% $9,057.67 $9,057.67 W18 DENTON.CO. FRESH - WATERDIST. #8A $47,430.59 0.0055% $483.46 $483.4b `W19 DENTON CO. FRESH WATER DIST. #8B $658,587.10 0.0762% $6,712.91 $6,712.91 V~22 DENTON CO MUD #4 $495,281.84 0.0573% $5,048.36 5 04 $ , 8.3 6 DENTON CO. FRESH W24 WATER DIST. #8C $360,874.30 0.0418% $3,678.36. W20 DENTON CO. FRESH ~ $3,678.36 'WATER DISTRICT 1 lA $68,51,1.75 0.0079% $698.33 $698.33 V~21 DENTON CO. -FRESH . WATER DISTRICT #7 $250,98$.36 0.0291% $2,558.30 $2,558.30 SPECIAL DISTRICTS TOTALS $17,291,294.58 2.0016% $176,248.44 $448.00 $176,696.44 GRAND TOTALS $863,854,930.04 100.0000% $8,805,186.28 $96 260.95 $8,901,447.23 2007 BUDGET SUMMARY 2006 2007 ACCT ACCOUNT TITLE BUDGET :BUDGET 5~ 00 PERSQNNEL SERVICES 5110 SALARIES $3,490,236.67 $3,911,207.76 5120 LONGEVITY PAY $77,201.00 $86,921.00 5130 SOCIAL SECURITY (FICA} $263,379.37 $295,677.69 5140 RETIREMENT (TCDRS} $386,763.06 $472,337.66 5150 WORKERS' COMP INSURANCE $33,592.82 $37,337.64 5160 GROUP HEALTH INSURANCE ~ $574,874.48 $681,037.78 TOTAL 5100 -PERSONNEL SERVICES $4,826,047.40. $5,484,519.54 5200 EDUCATIQN & TRAINING 5210 MEMBERSHIPS, SUBSCRIPTIONS & DUES $15,115.95 $18,519.20 5220 TRAINING -SCHOOLS, CONFERENCES, AND TRAVEL $83,120.00 $108,704.00 TOTAL 5200 -EDUCATION & TRAINING $98,235.95 $127,223,20 5300 SERVICES RECEIVED 5310 APPRAISAL REVIEW BOARD $84,705.00 $100,980.00 5315 OIL, GAS, HEAVY INDUSTRIAL, AND UTILITY VALUATION $258,000.00 $320,900.00 5320 GIS SERVICES $36,265.00 $36,265.00 . 5325 LEGAL SERVICES $170,000.00 $200,000.00 5330 AUDIT & PAYROLL PROCESSING ~ $18,000.00, $20,500.00. 5340 DEEDS, SALES, AND VALUE INFORMATION $120,672.85 ~ $138,125:47 5345 AUTO EXPENSE REIMBURSEMENT $276,187.42. $337,518.00 5350. GENERAL INSURANCE $33,995.90 $38,223.51 5360 PRINTING SERVICE $72,950.85 $81,826.40 5370 POSTAGE & FREIGHT $1,85,164.00 $1.72,164.00 5380 LEGAL NOTICES & ADVERTISING $26;000.00 $26,000.00 5390 OFFICE SUPPLIES $75,230.34 $80,490.00 TOTAL 5300 -SERVICES RECEIVED $1,357,171.36 $1,552,992.38 500 UTILITIES ~ MAINTENANCE . 541,0 OFFICE EQUIPMENT MAINTENANCE $27,090.56 $25,200.00 5420 fNFORMATION SERVICES MAINTENANCE $477,507A0 $488,794.00 5430 ELECTRICITY, WATER, SEWER, & SOLID WASTE $120,000.00 ~ $144,000.00 .5440 TELEPHONE $141,300.00 $147,123.60 5450 BUILDING & GROUNDS MAINTENANCE $131,136.00 $137,897.00 TOTAL. 5400 -UTILITIES & MAINTENANCE $897,033.56 $943,014.60 550 cAI~ITA~ QUTLA~` 5510 FURNITURE & EQUIPMENT $30,980.40 $35,255.00 5520 .BUILDING & LAND IMPRQVEMENTS $35,000.00 $105,000.00 TOTAL 5500 -CAPITAL OUTLAY $65,980.00 $140;255.00 5fi00 MISCELLANEQUS . 5610 CONTINGENCY $73,513.41 $79,999.07 5620 MISCELLANEOUS $42,550.00 .$37,075.00 TOTAL 5600 -MISCELLANEOUS $116,063.41 ~ $1,17,074.07. .5900 DEBT SERVICE 5910 BUILDING & LAND PAYMENT $160;194.46 $1.60,194.46 . 5920 EQUIPMENT PAYMENTS $479,18122 $526,173 98 TOTAL 5900.- DEBT SERVICE $639,375.68 $686,368.44 TOTAL DEPT #105 -OVERHEAD $7,999,907.36 $9,051,447.23 4!2412006 t000OtDef'CO of 00 O O OOOOhOr0000 OJ O O 000 O 00 O h0 h 1pGp +Q~ M t~OtOID~ti N NO N O 0000'Rf O~tlof 000 e'~ O OOtO O ~0 00 O 00 O et C! et N h r h h h h Os O 'a' M O O tl'1 O O N 00 M O ~f O C N O '~t O c0 t~ ~ O u'~ 01 ~f! et c'1 OO h F~ ONhMMM r r0 N O O~DOONrNN O0f CA O O~ONCA r hW NWtDc9~O N N~ N Cf 07N ONrtgNCOrOer W N hOrCO O NO N ~p p M ~ ~pOO rtDV'fNhr et 0000 h O O tO GO~haO~=N~00 N N 00 ehht~ M ~tfN O 0~1~ h Ot0 t0 r rOCl1hMO O r0 N O N M ONMMMODhN00 to N C, ~!'Q' M et MO st hM r ON WwNttw~C of wr r r MwNwrMwwrww t1? werrrr O wr r ww rw w~ ~ O ~ m ~ ww w w w w w w ww w r wwww w w w ~ w w m w aoososcooo r oo O o oooooNOOOOO u'~ 00000 0 00 0 00 0 00 o a . 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J~iOWJ~ H -a~~ ~ ~z~ a god a Wa00.W ~ 0 GWp; 0 wa_~-W~W~w~OWU~ O F-LLwJW~ 0 a>> 0 NON ~0 W~=U' 0 ~ 0.(AJy~3c~ F- W~H I- ya0. C9JQGa(9~G.J0 1- ~O?WI-m I-. vL1.t0. I- ~C?~ F- GmW F- m ~ E"'ooooo00 000 ooN oNO~oNOO.ooo 000000 000 000 000 C~OrNMettf~tp OrN Orr N NMtt~tMtOhCDCT1 O rNM erlp OrN r r r r r r r N N N M M M M M M M M M M M M M O of N N IA tD N IA IA to to 1A to ~A ~A to ~n ~n gyn. ~n ~n ~n ~w d' !h !h ~ d' ~ ~.N U7 U7 ki r6 ih 2001 BUDGET 5~ 00 -PERSONNEL SERVICES 2006 2007 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5110 -SALARIES $3,490,236.67 $3,911,207.76 $420,971.09 FULL-TIME SALARIES, SALARY ADJUSTMENTS- $3,911,207.76 AND PART-TIME SALARIES TOTAL ACCOUNT #5110 $3,911,207.76 ACCT #5120 -LONGEVITY PAY $77,201.00 $86,921.00 $9,720.00 DCAD RECOGNIZES CONTINUED SERVICE WITH LONGEVITY PAY. LONGEVITY IS CALCULATED AS FOLLOWS: 1-10 YEARS OF SERVICE: $10 PER MONTH FOR EACH YEAR OF SERVICE 11-20 YEARS OF SERVICE: $15 PER MONTH FOR . EACH YEAR OF SERVICE 20+ YEARS OF SERVICE: $20 PER MONTH FOR EACH YEAR OF SERVICE TOTAL ACCOUNT #5120 $86,921.00 ACCT #5130 -SOCIAL SECURITY (FICA) $263,379.37 $295,677.69 ~ $32,298.32 SOCIAL SECURITY IS CALCULATED ON BOTH FULL . AND PART-TIME SALARIES AND LONGEVITY. CERTAIN EMPLOYEES DO NOT CONTRIBUTE TO FICA. TOTAL ACCOUNT #5130.. $295,677.69 ACCT #5140- RETIREMENT (TCDRS) $386,763.06 $472,337.66 $85,574.60 RETIREMENT IS APPLICABLE ONLY TO FULL-TIME ~ . EMPLOYEES. TOTAL ACCOUNT #5140 $472,337.66 ACCT #5150 -WORKERS' COMP INSURANCE $33,592.82 $37,337.64 $3,744.82 THE DISTRICT PAYS WORKERS' COMPENSATION PREMIUMS ON ALL FULL AND PART-TIME EMPLOYEES.. TOTAL ACCOUNT #5150 $37,337.64 ACCT.#5160 -GROUP HEALTH INSURANCE $574,874.48 $681,037.78, $106,163.30 GROUP HEALTH INSURANCE IS PROVIDED TO ALL FULL-TIME EMPLOYEES. TOTAL ACCOUNT #5160 $681,037.18 - TOTAL 5100 -PERSONNEL SERVICES $4,826,047.40 $5,484,59.54 $658,472.14 2001 BUDGET 5200 -EDUCATION & TRAINING . 2006 2007 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5210 -MEMBERSHIPS, SUBSC 8 DUES $15,115.95 $18,519.20 $3,403.25 THIS ACCOUNT IS CHARGED FOR ALL MEMBERSHIPS AND DUES, AND SUBSCRIPTIONS TO EDUCATIONAL MEDIA. . TOTAL ACCOUNT #5210 $18,519.20 ACCT #5220 -TRAINING -SCHOOLS, CONFERENCES & TRAVEL $83,120.00 $108,704.00 $25,584.00 THIS ACCOUNT IS CHARGED FOR ALL EDUCATIONAL RELATED TRAINING AND TRAVEL. .TOTAL ACCOUNT #5220 $108,704.00 TOTAL 5200 -EDUCATION & TRAINING $98,235.95 $127,223.20 $28,987.25 2007 BUDGET -5300 -SERVICES RECEIVED 2006 2007 INCREASE OR CLASSIFICATION BUDGET BUDGET .DEGREASE ACCT #5310 -APPRAISAL REVIEW BOARD $84,705.00 $100,980.00. $16,275.00 THIS BUDGET ITEM !S CHARGED FOR PAYMENTS TO THE 19 MEMBER ARB PANEL FOR WORK PERFORMED DURING THE MANDATED EQUALIZATION PROCESS. THIS ACCOUNT IS APPLICABLE ONLY . TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5310 $100,980.00 ACCT #5315 -OIL, GAS, HEAVY INDUSTRIAL, AND UTILITY VALUATION $258,000.00 $320,900.00 $62,900.00 THIS BUDGET ITEM IS FOR CONTRACTED SERVICES. IT WAS REBID IN DEC. 2005 FOR 2006. THIS ACCOUNT IS APPLICABLE ONLY TO THE PERSONAL PROPERTY DEPARTMENT. TOTAL ACCOUNT #5315 $320,900.00 ACCT #5320 -GIS SERVICES $36,265.00 ~ $36,265.00 $0.00 THIS BUDGET ITEM IS A PRORATED SHARE OF AERIAL COSTS. THIS ACCOUNT IS APPLICABLE ONLY TO THE GIS DEPARTMENT. TOTAL ACCOUNT #5320 $36,265.00 ACCT #5325 -LEGAL SERVICES $170,000.00 $200,000.00 $30,000.00 THIS BUDGET ITEM IS CHARGED FOR ALL LEGAL EXPENSES ASSOCIATED WITH DEFENDING VALUES. THIS ACCOUNT 1S APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5325 $200,000.00 ACCT #5330 -AUDIT & PAYROLL, PROCESSING $18,000.00 $20,500.00 ~ $2,500.00 . THIS BUDGET ITEM IS FOR THE ANNUAL AUDIT AND FOR PAYROLL PROCESSING. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5330 $20,500.00 ACCT #5340 -DEED, SALES, AND VALUE INFORMATION $120,672.85 $138,125.47 $17,452.62 THIS BUDGET ITEM IS CHARGED FOR EXPENSES INCURRED TO OBTAIN OWNERSHIP, SALES AND VALUE INFORMATION. TOTAL ACCOUNT #5340 $138,125.47 ACCT #5345 -.AUTO EXPENSE REIMBURSEMENT $276,187.42 $337,518.00 $61,330.58 THIS BUDGET ITEM IS TO COMPENSATE EMPLOYEES FOR THE USE OF THEIR PRIVATELY AWNED VEHICLES DURING THE PERFORMANCE OF THEIR JOB DUTIES. TOTAL ACCOUNT #5345 $337,518.00 2007 BUDGET 5300 -SERVICES RECEIVED continued) . 2006 2007 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5350 -GENERAL INSURANCE.. $33,995.90 $38,223.51 $4,227.61 ALL INSURANCE EXCEPT GROUP HEALTH AND WORKERS' COMPENSATION IS CHARGED TO THIS ACCOUNT. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5350 $38,223.51 ACCT #5360 -PRINTING SERVICES $12,950.85 $81,826.40. $8,875.55 THIS ACCOUNT 1S CHARGED FOR ALL ITEMS THAT ARE PRINTED AND MAILED. ITEMS THAT ARE PRINTED AND -CONSUMED WITHIN THE BUILDING ARE CHARGED TO OFFICE SUPPLIES. THIS ACCOUNT IS APPLICABLE : ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5360. $81,826.40 ACCT.#5370 • POSTAGE AND FREIGHT $185,164.00 $172,164.00 ($13,000.00) ~ . THIS ITEM IS CHARGED FOR ALL ITEMS THAT ARE MAILED: THIS ACCOUNT IS APPLICABLE " ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5370 $172,164,00 . ACCT #5380 -.LEGAL NOTICES & ADVERTISING $26,000.00 $26,000.00 $0.00._ THIS ACCOUNT IS CHARGED FOR ADVERTISEMENTS 1N NEWSPAPERS CONCERNING EXEMPTION MATTERS SUCH AS HOMESTEADS, OVER-65, DISABLED VETERANS, AND PRODUCTIVITY VALUATION MATTERS. OTHER ADVERTISEMENTS HAVE TO DO WITH APPRAISAL REVIEW NOTICES, MISCELLANEOUS, CLASSIFIED ADVERTISING, AND INVITATIONS TO BID.. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5380 $26,000.00 ACCT #5390 -,OFFICE SUPPLIES $75,230.34 $80,490.00 $5,259.66, THE OFFICE SUPPLY BUDGET IS COMPRISED OF EXPENSES INCURRED FOR TRADITIONAL OFFICE SUPPLY ITEMS. TOTAL ACCOUNT #5390. $80,490.00 TOTAL5300 -SERVICES RECEIVED $1,357,171.36 $1,552,992.38 $195,821.02 2007 .BUDGET. 5400 -UTILITIES AND MAINTENANCE 2006 2007 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE .ACCT #5410.OFFiCE EQUIPMENT MAINTENANCE $27,090.56 $25,200.00 ($1,890.56) MAINTENANCE OF ALL OFFICE EQUIPMENT EXCEPT THE-.PRIMARY COMPUTER, PERIPHERAL DEVICES, AND PERSONAL COMPUTERS IS CHARGED TO THIS ACCOUNT. TOTAL ACCOUNT#5410 $25,200.00 ACCT #5420 -INFORMATION SERVICES MAINTENANCE $477,507.00 $488,794.00 $11,287.00 THIS ACCOUNT IS COMPRISED OF BOTH COMPUTER HARDWARE AND SOFTWARE MAINTENANCE. BOTH ITEMS ARE CHARGED TO THIS ACCOUNT SO THE "TOTAL COST OF AUTOMATION MAINTENANCE WILL BE SHOWN IN ONE ACCOUNT. THIS ACCOUNT IS .APPLICABLE TO THE INFORMATION SERVICES AND GIS DEPARTMENTS. .TOTAL ACCOUNT #5420 $488,794.00 ACCT #5430 -ELECTRICITY, WATER, SEWER AND SOLID WASTE $120,000.00 $144,000.00 $24,000.00 . THIS BUDGET ITEM IS FOR THE DISTRICT'S _ UTILITIES. THIS ACCOUNT IS APPLICABLE .ONLY TO THE OVERHEAD DEPARTMENT,. .TOTAL ACCOUNT #5430 $144,000.00 ACCT #5440.- TELEPHONE ~ $141,300.00 $147,123.60 $5,823.60 THIS BUDGET ITEM IS FOR THE DISTRICT'S TELEPHONE EXPENSE. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT.. `TOTAL ACCOUNT #5440 $147,123.60 ACCT #5450 • BUILDING AND GROUNDS MAINTENANCE. $131,136.00 $137,897.00 $6,761.00 .THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE:- THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5450 $137,897.00 TOTAL 5400 • UTILITIES AND. MAINTENANCE $897,033.56 $943,014.60 $45,981.04 2007 BUDGET 5500 -CAPITAL OUTLAY 2006 2007 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT #5510 -FURNITURE AND EQUIPMENT $30,980.00 $35,255.00. $4,275.00 AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET. TOTAL ACCOUNT #5510 $35,255.00 ACCT #5520 - BUILDING AND LAND IMPROVEMENTS $35,000.00 $105,000.00 ~ $70,000.00 AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET. TOTAL ACCOUNT #5520 $105,000.00 TOTAL 5500 -CAPITAL OUTLAY $65,980.00 $140,255.00 $74,275.00 2007 BUDGET 5600 -MISCELLANEOUS 2006 2007 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT.#5610 -CONTINGENCY $73,513.41 $79,999.07 $6,485.66 . THE FUNDS IN THIS BUDGET ITEM ARE APPROPRIATED FOR UNANTICIPATED EXPENDITURES. ALL ANTICIPATED EXPENDITURES ARE BUDGETED IN SPECIFIC ACCOUNTS. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. : TOTAL ACCOUNT #5610 $79,999.07 ACCT #5620 -MISCELLANEOUS $42,550.00 $37,075.00 ($5,475.00) THIS ACCOUNT IS FOR ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY. THIS ACCOUNT IS APPLICABLE ONLY . TO THE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5620 ~ $37,075.00 TOTAL 5600 -MISCELLANEOUS _ $116,063.41 $117,074.07 $1,010.66 2007 BUDGET 5900 -DEBT SERVICE 2006 2007 INCREASE OR CLASSIFICATION ~ BUDGET BUDGET DECREASE ACCT #5910 -BUILDING AND LAND PAYMENTS $160,194.46 $160,194.46 $0.00 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S BUILDINGS AND LAND NOTES. THIS ACCOUNT IS APPLICABLE ONLY TO THE OVERHEAD DEPARTMENT. . TOTAL ACCOUNT #5910 $160,1.94.46 ACCT #5920 -EQUIPMENT PAYMENTS $479,181.22 $526,173.98 $46,992.76 THIS ACCOUNT IS CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICT'S PRIMARY COMPUTER SYSTEM AND LEASED EQUIPMENT: THIS ACCOUNT IS APPLICABLE ONLY TOTHE OVERHEAD DEPARTMENT. TOTAL ACCOUNT #5920 $526,173.98 TOTAL 5900 -DEBT SERVICE $639,375.68 $686,368.44 $46,992.76 . DEPARTMENT TOTAL $7,999,907.36 $9,051,447.23. $1,051,539.87 2001 CAPITAL EXPENSES DEPT #101- ADMINISTRATION (1) MISC. QUANTITY X UNIT PRICE _ 1 $500.00 $ 500.00 ADMINISTRATION TOTAL = $ 500.00 DEPT #102 -CUSTOMER SERVICE (1) TELEPHONE HEADSETS QUANTITY ~ X UNIT PRICE _ 3 $300.00 $900.00 (2) MONITORS & VIDEO CARDS FOR GIS TECHS UANTITY UNIT PRICE 3 X $1,000.00 = $3,000.00 (3) SMALL LASER PRINTERS . UANTITY UNIT PRICE 2 X $800.00 ~ _ $1,600.00 (4) COLOR PLOTTER QUANTITY UNIT PRICE 1 X $6,000.00 = $6,000.00 (5) COLOR LASER PRINTER QUANTITY UNIT PRICE 1 X $3,500.00 = $3,500.00 (6) LARGE PAPER SHREDDER QUANTITY UNIT PRICE 1 ~ X $500.00 _ $500.00 (7) SCANNERS . QUANTITY UNIT PRICE 2 x $1,000.00. _ $2,000.00 (8) PRINTER TABLES QUANTITY UNIT PRICE . 2 X $100.00 = $200.00 . CUSTOMER SERVICE TOTAL = ~ $17,700:00 DEPT #105 -OVERHEAD . - ~ (1) AUTOMATIC EXTERNAL DEFIBULATOR UANTITY . UNIT PRICE 2 ~ X $1,500.00. _ $3,000.00 (2) MISCELLANOUS QUANTITY X UNIT PRICE _ 1 $2,000.00 $2,000.00 (3) PAYMENT FOR PARKING LOT AT BACK OF 3911 AND DRIVEWAY BETWEEN TWO BUILDINGS, REMODEL BATHROOMS AT 3901 MORSE REMODEL & EXPAND ARB ROOMS $100,000.00 (4) LANDSCAPING -BUSHES, TREES & GRASS $5,000.00 OVERHEAD TOTAL = $110,000.04 ACCT # 5510 -FURNITURE & EQUIPMENT . DEPT #201-COMMERCIAL (1) ELECTRIC STAPLER QUANTITY X UNIT PRICE _ 2 $140.00 $280.00 (2) SHELVING FOR WORKROOM QUANTITY X UNIT PRICE _ 1 $300.00 $30'0.00 (3) LASER PRINTER(NEW EMPLOYEE) QUANTITY X UNIT PRICE. _ 1 $1,000.00 $1,000.00 . (4) DESKTOP SCANNER (NEW EMPLOYEE) UANTITY X UNIT PRICE _ 1 $125.Op $125.00 . COMMERCIAL TOTAL = $1,1o5.ao DEPT #202 -SALES & RESEARCH (1) MISCELLANEOUS QUANTITY X ~ UNIT PRICE 1 $1,500.00 ~ $1;500:00 SALES & RESEARCH TOTAL = $x,500.00 DEPT #203 -PERSONAL PROPERTY (1) MISCELLANEOUS UANTITY X UNIT PRICE _ 1 $3,000.00 $3,000.00 PERSONAL. PROPERTY TOTAL = $3,000.00 DEPT #204. -RESIDENTIAL (1 } DIGITAL CAMERA (REPLACEMENT } QUANTITY X UNIT PRICE _ 3 $ 300.00 $ 900.00 (2) BATTERIES AND CHARGERS FOR CAMERAS QUANTITY X UNIT PRICE 1 $ 250.00 $ 250.00 (3) TELEPHONE (NEW EMPLOYEES)(2 SUPPORT} . QUANTITY X UNIT PRICE _ 2 $ 350.00 $ 700.00 (4) SCANNER (NEW EMPLOYEES)(2 SUPPORT) ~ ~ . QUANTITY X UNIT PRICE _ 2 $ 800.00 $ 1,600.00 . (5) LASER PRINTERS (NEW EMPLOYEES}(2 SUPPORT} UANTITY X UNIT PRICE _ 2 $ 1,200.00 $ 2,400.00 RESIDENTIAL TOTALS = $5,850.00 TOTAL CAPITAL EXPENSES _ $140,255.00 2007 SALARY SCHEDULE 2007 DEPT. TITLE SALARIES #101 . ADMINISTRATIVE ~ CHIEF APPRAISER . $115,800.84 DEPUTY CHIEF APPRAISER $96,805,31 DIRECTOR OF FINANCE. $75,93Q.57 SUPPLEMENTS/ADMINISTRATIVE ASSISTANT $46,585.91 ADMINISTRATIVE ASSISTANT $36,977.54 PART-TIME $6,971.77 ADMINISTRATIVE TOTAL: $379,071.94 #102 CUSTOMER SERVICE DIRECTOR OF CUSTOMER SERVICE ~ $75,930.55 QUALITY CONTROL TECH $39,980.15 MAPPINGIGIS TECHNICIAN II $35,900.64 MAPPINGIGIS TECHNICIAN II $35,900.64 MAPPINGIGIS TECHNICIAN If $35,900.64 MAPPING TECHNICIAN I $32,501.31 MAPPING TECHNICIAN I $32.,501.31 -MAPPING TECHNICIAN I $32,501.31 GIS COORDINATOR $72,683.57 GIS ANALYST $59,428.62 SENIOR GIS TECHNICIAN . $39,980.15 . ~ EXEMPTION SPECIALIST/TRAINER ~ $46,585.91 CUSTOMER SERVICE SPECIALIST/TRAINER ~ $36,977.54 CUSTOMER SERVICE SPECIALIST $32,501.31 CUSTOMER SERVICE SPECIALIST $32,501.31 CUSTOMER SERVICE SPECIALIST $32,501.31 CUSTOMER SERVICE SPECIALIST $32,501.31 CUSTOMER SERVICE SPECIALIST $32,501.31 CUSTOMER SERVICE SPECIALIST $32,501.31 MAINTENANCE EMPLOYEE $35,900.47 PART TI M E $31.,011.64 APPRAISAL SUPPORT TOTAL : $838,692.31 #104 INFORMATION SERVICES DIRECTOR INFORMATION SERVICES ~ $109,881.36 . SENIOR SUPPORT SPECIALIST $61,851.04 SYSTEM ADMINISTRATOR $61,851.07 IS SUPPORT SPECIALIST $46,353.66 INFORMATION SERVICES TOTAL $279,937.12 #201 COMMERCIAL COMMERCIAL MANAGER $75,930.43 COMMERCIAL SUPERVISOR $66,016.09 COMMERCIAL SUPERVISOR $66,016.09. COMMERCIAL APPRAISER $53,550.76 COMMERCIAL APPRAISER $53,550.76 COMMERCIAL APPRAISER $53,550.76 COMMERICAL APPRAISER $53,550.76 COMMERICAL APPRAISER ~ $13;387.69 SR. COMM. APPRAISAL SUPPORT $35,900.97 PART TIME $4,800.81 COMMERCIAL TOTAL : $476,255.10 2007 SALARY SCHEDULE (continued) 2007 DEPT. TITLE SALARIES #202 SALESIRESEARCH DEPARTMENT #NIA $75,930.57 SALES & RESEARCH SUPERVISOR $64,792.25 APPRAISAL SUPPORT. $32,501.31 PART TIME $13,716.61 SALES AND RESEARCH TOTAL : $186,940.74 #203 PERSONAL PROPERTY TITLE PERSONAL PROPERTY MANAGER $75,930.57 PERSONAL PROPERTY SUPERVISOR $66,,016.04 PERSONAL PROPERTY APPRAISER $53,55020 PERSONAL PROPERTY APPRAISER ~ ~ $53,550.20 PERSONAL PROPERTY APPRAISER $53,550.20 PERSONAL PROPERTY APPRAISER $53,550.20 APPRAISAL SUPPORT $32,501.31 SR. PER PROP APPRAISAL SUPPORT - $35,900.97 ..APPRAISAL SUPPORT $32,501.31 PART TIME $40,002.69 PERSONAL PROPERTY TOTAL : ~ $497,053.67 . #204 RESIDENTIAL RESIDENTIAL MANAGER $75,930.57 RESIDENTIAL SUPERVISOR $59,,429.2.3 RESIDENTIAL SUPERVISOR $59,429.23 SENIOR APPRAISER ~ $48,250.38 SENIOR APPRAISER $48,250.38 SENIOR APPRAISER $48,250.38 SENIOR APPRAISER ~ $48,250.38 SENIOR APPRAISER ~ $48,250.38 SENIOR APPRAISER ~ $48,250.38 SENIOR APPRAISER $48,250.38 RESIDENTIAL PROPERTY APPRAISER $48,250.51 RESIDENTIAL PROPERTY APPRAISER $48,250.38 RESIDENTIAL PROPERTY APPRAISER ~ $41,817,05 RESIDENTIAL PROPERTY APPRAISER $41,817.05 RESIDENTIAL PROPERTY APPRAISER $41,817.05 RESIDENTIAL PROPERTY APPRAISER ~ $41,817.05 APPRAISAL SUPPORT $32,501.31 APPRAISAL SUPPORT $32;501.31 APPRAISAL SUPPORT $32,501.31 APPRAISAL SUPPORT $32,501.31 SENIOR APPRAISAL SUPPORT $36,977.43 APPRAISAL SUPPORT $32,501.31 APPRAISAL SUPPORT $32,501.31. APPRAISAL SUPPORT $32,501.31 PART-TIME ~ $30,005.08 RESIDENTIAL TOTAL: $1,090,802.49 TOTAL SALARIES: r 3,748,753.37 ~:IOur D°cumen#~IResolutlo~ns1~612~~7 Den Cenral Appraisal Dist ~udget.doc RESI~►I~TION A R~S~~CJTI~~ ~F THE CITY ~F DE~T~N, TEAS APPR~ ~ THE aa7 BUDCrET ~F THE DET~~ ENTRAP APPRAfS A~, D fS TRICT ~ AND PRVID IN AN EFFECTIVE DATE. AREAS, the 2aa7 proposed bud et of the Denton Centr ' ~ 1 Appraisal Dlstlot vas submitted to the City of Denton on 1VIay 4, ~O~; arad WHEREAS, the proposed budget eantains a list sham each r used os' . ~ op ~t1an, the proposed salal~ far the pasltlDl~,, alI benefts proposed for the osition each ro os . ~ s p p ed eap~tal expenditure, anal an estate of the amount of the budget that mill be allocated to th ' e Clty of Denton, Texas; ND~V, THEREFORE, THE CD~TNCrL OF THE CITY OF DENTON HEREBY RES~II~ES: SECTI~ 1. The City Council, pursuant to Artleie 6.0~ of the Texas Tax Code, approves the aa7 proposed budget of the Dentoaa Central Ap sisal District. ECTI~N~ This Resolution shall become effective imn~ediatel u on its a r y p passage and pp oval. PASSED AND AEPR~VED this the dad of y aaV. FERRY IVIeNEII1~, ATTEST: TENNI~'ER AFTER, CITY SECRETARY BY; APPROVED AS TD DEAL FARM: EDP 11~. SNYDER, CITY ATTORNEY BY: CITY OF DENTON CITY COUNCIL MINUTES April 18, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 18, 2006 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding Emergency Medical Services (EMS) Fee Schedule changes. Ross Chadwick, Fire Chief, recommended usual and customary charges for billings. Medicare was changing billing and the City would have to change its billing to match those procedures. Staff was recommending discontinuing non-residence and residence distinctions for billing. Laura Behrens, Management Assistant, presented information on the cost of service for ambulance service, fire service and fire and ambulance service combined. A flat rate change was being recommended from a resident and non-resident base to advanced life support and basic life support base. Sanger would not be contracting with the city next year, which impacted the city not only for the loss of revenue from the Sanger contract but also the loss of revenue on the county contract and loss of rural square miles. In order to remain competitive and maximize cost recovery there was a need to increase the cost to provide service and implement a fee schedule based on reasonable and customary charges. The umbrella billing method would be used which billed just under most insurance rates. The basic life support rate would be $787 and the advanced life support rate would be $855. There would be no impact on Medicare payments as it now had a flat fee for advanced life support and basic life support services plus mileage. Council discussion • The different types of service of basic life support, advance life support 1 and advanced life support 2 were detailed. • Would there be a charge for service if an individual were not transported? Chadwick replied that there would not be a charge for assessment only but there would be a charge if an IV or other type medications were used. • Consider rethinking about not charging for assessments only. Chadwick stated that was a council policy decision but that many cities felt it was part of a basic level of service for taxes paid by citizens. • What was collected from insurance companies when services were provided but the patient was not transported? Chadwick replied that insurance did cover for anon- transportwith medications started on site. • Next quarter present a more comprehensive study on how other communities regain cost of service for ambulance runs such as non-transport charges. City of Denton City Council Minutes April 18, 2006 Page 2 2. The Council received a funding recommendations report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). The Council also held a discussion regarding the proposed 2006 Action Plan for Housing and Community Development and gave staff direction. Council Member Montgomery left the meeting with a conflict of interest. Barbara Ross, Community Development Administrator, introduced the chairs of the two committees to present their committee's recommendations. Edward Tourraine, Chair-Community Development Advisory Committee, stated that the recommendations had been included in the council's agenda materials and he would be available to answer any questions. Lilia Bynum, Chair-Human Services Advisory Committee, stated that 23 applications had been received with not enough money to give funding to all of the organizations. The Committee was recommending funding of $235,800 to 18 agencies. Staff was recommending that the funds currently designated for Sickle Cell be moved to the Denton Christian Pre-School for their current year budget. The Sickle Cell organization was no longer in business. Mayor Brock indicated that some of the funding came from federal grant money for human services. Other money came from the City based on the City Council's decision on funding from the recommendations ofthe committees. Consensus of the Council was to proceed with the transfer of funds from the Sickle Cell agency. A contract would be drafted to transfer the money. Ross stated that the recommended funding had to be submitted to the federal agency before the City had completed the budget process but the funding could be amended if needed. Council Member Montgomery returned to the meeting. 3. The Council received a report from the City Attorney, held a discussion and gave direction regarding an ordinance concerning improper disclosure of the confidential information. The City Council reserved the right to go into closed session to receive legal advice from the City Attorney under Section 551.071 of the Texas Government Code. Ed Snyder, City Attorney, stated that under the Open Meetings Act, information could be discussed regarding Closed Session meeting information. The only prohibition was the disclosure of the certified agenda or the tape recording of the Closed Session. This proposed ordinance would make it a Class C misdemeanor to disclose proceedings in Closed Session. Staff expressed concerns relative to information discussed in Closed Session that was public information that could not be discussed under the proposed ordinance. The ordinance covered any information deemed confidential by law and clearly marked confidential. The disclosure of information had to be intentional and a knowing act in order to be unlawful. The fine would not to exceed $500 and provided that employees violating the ordinance could be subject to City of Denton City Council Minutes April 18, 2006 Page 3 dismissal. A council member who violated this ordinance would be subject to council reprimand. The drafting of this ordinance was not brought on anything done in Denton. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for April 18, 2006. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 4:57 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. Mulroy motioned, Thomson seconded that the Item l.B.l. was appropriate for Closed Session discussion. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071 1. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters 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 or would jeopardize the City's legal position in any administrative proceedings or potential litigation. 2. Discussed legal strategies and alternatives regarding potential litigation concerning street failures in selected subdivisions. 3. Discussed legal strategies, issues and alternatives regarding potential litigation and other remedies concerning Vintage Parkway Utility Project, including breach of covenants in real estate contract by Denton-CJW Partners, Ltd. A public discussion of these legal matters 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 or would jeopardize the City's legal position in any potential litigation. B. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Received a presentation from DME staff regarding public power and business matters regarding the pending request for proposals; and City of Denton City Council Minutes April 18, 2006 Page 4 information and analysis regarding power purchase contracts; and discussed, deliberated, considered and provided staff with direction regar ing suc matters. Council ended the Closed Session at 6:27 p.m. Regular Meeting of the City of Denton City Council on Tuesday, April 18, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards No proclamations were presented at this meeting. B. April Yard-of the-Month Awards Mayor Brock presented Yard of the Month awards to: Alex Esquivel Alis and Cecil Adkins Charlie Marie Goss Ann Pedigo Don and Cass Henry-VVatersmart 3. CONSENT AGENDA Mayor Brock indicated that there was a change in Item 3H and any motion should reflect that change. Kamp motioned, McNeill seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the recognition of the change to 3H. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. R2006-O1 l - A resolution of the City of Denton, Texas, authorizing the Public Utility Commission of Texas to set the access line rate at the new CPI-Adjusted Maximum rate to be paid to the City by Certificated Telecommunications Providers pursuant to Chapter 283 of the Texas Local Government Code ("HB 1777"); authorizing the City Manager to accept future Public Utility Commission access line rate adjustments; and providing an effective date. City of Denton City Council Minutes April 18, 2006 Page 5 B. R2006-012 - A resolution allowing Mi Casita Restaurant to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 6, 2006, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification Board recommended approval (4-0). C. 2006-101 - An ordinance accepting competitive bids and awarding a contract for Distribution Gang Operated Air Brake Switches for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3475 -Distribution GOAB Switches awarded to the lowest responsible bidder meeting specifications, Hughes Supply, in the annual estimated amount of $46,183). The Public Utilities Board recommended approval (6-0). D. 2006-102 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of playground equipment for two city parks for the City of Denton Parks & Recreation Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3492 - Interlocal Agreement for the purchase of Little Tikes Commercial Custom Kid Builder Castle Theme awarded to Jim Lea & Associates, Inc. in the amount of $55,836, GameTime PowerScape Modular Unit awarded to Southwest Parks & Playgrounds in the amount of $33,044.56, and a Hill Climbing Boulder awarded to The PlayWell Group in the amount of $5,160.60 for a total award of $94,041.16). E. R2006-013 - A resolution of the City of Denton, Texas establishing the City Council Audit Committee as a standing committee of the City Council; appointing the initial members of the Committee; approving a Council Audit Committee Directive, Audit Committee Bylaws, and Internal Audit Charge; superceding resolution No. R2005-052; and providing for an effective date. F. 2006-103 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute an Agreement with Terry D. Morgan & Associates, P.C. for professional legal services relating to issues regarding the Denton Development Code and the Comprehensive Plan; authorizing the expenditure of funds therefor; and providing an effective date. G. 2006-104 - An ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a contract with Taylor, Olson, Adkins, Sralla & Elam, LLP for professional legal services related to initiating litigation against one or more contractors involved in the street or utility construction of the Wind River Estates development in Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. H. R2006-014 - A resolution establishing a Public Art Policy for the City of Denton, Texas, to be administered by the Parks and Recreation Department. Parks, Recreation and Beautification Board recommended approval (4-0). City of Denton City Council Minutes April 18, 2006 Page 6 I. 2006-105 - An ordinance amending Chapter 22 "Parks and Recreation", Code of Ordinances, City of Denton. Texas by amending Section 22-4, Code of Ordinances, "duties" to include that the board shall have the duty to make recommendations to the City Council and the Parks and Recreation Director regarding policy matters related to public art; amending Section 22-6, providing for a City Council appointed nine-member Public Art Committee of the Parks, Recreation and Beautification Board; and providing for an effective date. Parks, Recreation and Beautification Board recommended approval (4-0). 4. PUBLIC HEARINGS A. The Council held the first of two public hearings to consider the voluntary annexation and service plan for approximately 3,406 acres of land generally located west of Interstate 3 5 West, south of Tom Cole Road in the Southwestern section of the City of Denton Extraterritorial Jurisdiction (ETJ). (A06-0001, Cole Ranch Annexation) Brian Lockley, Interim Director of Planning, stated this was the first of two public hearings for voluntary annexation of the property. He reviewed the current zoning and notification map for property owners. No letters of opposition had been received. The annexation was scheduled for completion in July. Mayor opened the public hearing. Bob Clifton spoke in opposition. Mayor closed public hearing. No action was required on this item at this time. B. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 6.22 acres of land, from an Employment Center- Industrial (EC-I) zoning district to an Employment Center Commercial (EC-C) zoning district. The property was located on the west side of Fort Worth Drive (U.S. 377) southwest of Country Club Road. The Planning and Zoning Commission recommended approval (6-0). (Z06-0009, Ricks and Cheek Addition) Brian Lockley, Interim Director of Planning, stated that this was a request for the rezoning of 6.22 acres from an Employment Center-Industrial to Employment Center-Commercial. He reviewed the existing zoning around the site. The Denton Plan designated the property for EC-I zoning. The proposed zoning was for EC-C, which would tie in with surrounding zoning. No responses had been received in opposition to the proposed changed in zoning. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes April 18, 2006 Page 7 N0.2006-106 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 6.22 ACRES FROM EMPLOYMENT CENTER INDUSTRIAL (EC-I) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO EMPLOYMENT CENTER COMMERCIAL (EC-C) GENERALLY FRONTING 525.96 FEET ON THE WEST SIDE OF FORT WORTH DRIVE (U.S. 377) BEGINNING AT A POINT APPROXIMATELY 600 FEET SOUTHWEST OF THE INTERSECTION OF FORT WORTH DRIVE AND COUNTRY CLUB ROAD, AND LEGALLY DESCRIBED AS A PORTION OF LOT 1, BLOCK A OF THE RICKS AND CHEEK ADDITION, BEING 10.559 ACRES IN THE B.B.B. & C.R.R. SURVEY A-196 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AND LEGALLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING G A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0009) McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 58.26 acres from a Neighborhood Residential-2 (NR-2) zoning district to a Neighborhood Residential-4 (NR-4) zoning district. The property was located at the southwest corner of Teasley Lane and Ryan Road. The Planning and Zoning Commission recommended denial (5-0). (Z06-0006, Teasley Park) SUPER MAJORITY VOTE REQUIRED FOR APPROVAL. Brian Lockley, Interim Director of Planning, stated that this was a request for zoning from Neighborhood Residential 2- to Neighborhood Residential-4. He reviewed the current surrounding zoning. The property was currently undeveloped and would preserve 50% of the upland habitat as was required by the Code. The site was designated by the Plan as a neighborhood center. He reviewed the proposed lot layout for the development. The applicant held a public neighborhood meeting on March 20th. Concerns of the neighborhood were preserving the habitat and traffic on Teasley. The applicant submitted a revised lot layout for consideration. Five public notices had been received in opposition within 200 feet, which was still below the 20% required for a super majority vote. However, as the Planning and Zoning Commission had recommended denial, a super majority vote was required by Council. Mayor Brock asked what was the staff recommendation at the time the case went to the Planning and Zoning Commission. Lockley stated that the staff recommendation at that time was approval for the proposal. Council Member Montgomery asked if notification letters were sent out before the revised plan was presented or after. Lockley stated that the notices were sent out for the first plan and that no other letters had been sent out since the revised plan was suggested. Council Member Mulroy stated that the proposed land plan was not a guarantee. Lockley replied correct that the proposed plat was for illustration only. Zoning was the only issue to be considered at this time. City of Denton City Council Minutes April 18, 2006 Page 8 The Mayor opened the public hearing. The following individuals spoke during the public hearing: Steve Butrey, representing the petitioner, spoke in favor. A formal preliminary plat had been submitted for consideration next week by the Planning and Zoning Commission. Council Member Mulroy indicated that he had no objection to the second plan but it was a different plan than what was presented to the Commission. There had been no neighborhood meeting prior to the case being presented to the Commission. This put the Council in a difficult position. Richard Sherman, 2401 Creekdale, Denton 76210 - opposed to proposal Kelly and Kent VVooley,1916 Del Mar Court, Denton 76210 - in favor of the proposal Sonj a Hill, 2201 Creekdale, Denton 76210 -spoke in favor of the revised plan Liz Stokes, 2012 Belmont Park, Denton, 76210 -delay until more meetings could be held Laurie Craven, 2113 Belmont Park, Denton 76210 -spoke in favor The Mayor closed the public hearing. Council Member Mulroy asked about the anticipated time frame for the development and what effect remanding the proposal back to the Planning and Zoning Commission might have on that time rame. Butrey stated that they were working to get it completed by next week. The contract for the land would expire at end of month. Council discussion - • The revised plan would not have to be developed as shown. Upon receiving the zoning change, the developer could develop the original plan, which was not well accepted. • Council was depending on the good faith of developer to do what he said he would do. • Staff had received a preliminary plat consistent with what was shown on revised plan. • Would a delay until the May 2nd meeting allow enough time to fashion an overlay for the plat? City Attorney Snyder replied yes. Mulroy motioned, Kamp seconded to postpone consideration until the May 2nd meeting. The Legal Department would develop an overlay to mirror the plat plan as presented. City Attorney Snyder suggested that the public hearing be reopened and continue it until the May 2n meeting. Mayor Pro Tem McNeill offered a friendly amendment to the motion to reopen the public hearing and continue it at the May 2nd meeting. Mulroy and Kamp agreed to the amendment. City of Denton City Council Minutes April 18, 2006 Page 9 On roll vote of the motion to continue the public hearing and consideration of the proposal until the May 2nd City Council meeting, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance approving an Alternative Development Plan for a proposed retail development on approximately 14.48 acres. The subject property was located on the northwest corner of Loop 288 and Spencer Road. The property was located in a Regional Center Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommended approval (6-0). (ADP06-0003, Loop 288 ~ Spencer) Brian Lockley, Interim Director of Planning, presented the alternative development plan features for deviations from the Code. Those deviations included parking between the building and the street, the number of parking spaces, and the division of parking spaces for parking lots over 100 spaces. There have been no responses from property owners within 200 feet of the proposal. He also presented a site plan on the development outline. The Mayor opened the public hearing. Lance Lilly, representing the developer, showed details on the elevation of the proposal. The Mayor closed the public hearing. The following ordinance was considered: No. 2006-107 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 14.48 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF LOOP 288 AND SPENCER ROAD, TO ALLOW A RETAIL CENTER, LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE M. AUSTIN SURVEY, ABSTRACT NUMBER 0004A; LOT 1, BLOCK 1 OF THE CUSHMAN ADDITION AND LOT 1, BLOCK 1 OF THE DENTON COUNTY ELECTRIC COOP ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP06- 0003) Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council held a public hearing inviting citizens to comment on the City of Denton's 2006 Action Plan for Housing and Community Development. City of Denton City Council Minutes April 18, 2006 Page 10 Council Member Montgomery left the meeting. Barbara Ross, Community Development Administrator, stated the proposed Action Plan required a public hearing for public comments. In two previous action plans of 2003 and 2004 money was designated for sidewalk projects. Those projects were completed with other funding and were being canceled. Staff had taken those projects funding and put into the amount to be allocated by the committee. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Derbha Jones, 1413 E. McKinney, Denton 76209 -spoke in opposition of reduction of funds for Day Stay for Adults Bob Clifton, 730 Wainwright, Denton, 76209 -spoke in opposition to the program Andre Villarreal, 2109 W. University, Denton, 76201-spoke in opposition of reduction of funds for Day Stay for Adults Lillian Ewagata, 2519 Scripture, Denton, 76201 -favor of reallocation of funds for Denton County MHMR Eddie Zeman, 810 Crosstimber, Denton, 76205 -favor of funding for community projects Laura Williams, Fred Moore Day School, requested funding Liz Stokes -spoke in favor for additional funding for Day Stay for Adults The Mayor closed the public hearing. No action was required at this time. Council Member Montgomery returned to the meeting. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas, certifying funding and support for the Statewide Transportation Enhancement Program Nomination Form 2006 with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct pedestrian and bike improvements as part of the Downtown Multi Modal Transit Center, and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant, and providing an effective date. Mobility Committee recommended approval (3-0). Mark Nelson, Chief Transportation Officer, presented information on the proposed grant. The ordinance would certify funding and support for the program. Bob Clifton spoke in opposition to the amount of city money for the project. The following ordinance was considered: City of Denton City Council Minutes April 18, 2006 Page 11 N0.2006-108 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CERTIFYING FUNDING AND SUPPORT FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM NOMINATION FORM 2006 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO RECEIVE FUNDING TO CONSTRUCT PEDESTRIAN AND BIKE IMPROVEMENTS AS PART OF THE DOWNTOWN MULTI MODAL TRANSIT CENTER, AND, IF THE GRANT IS APPROVED, TO EXECUTE THE GRANT AGREEMENT AND TAKE OTHER ACTIONS NECESSARY TO IMPLEMENT THE GRANT, AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance of the City of Denton, Texas, certifying funding and support for the Statewide Transportation Enhancement Program Nomination Form 2006 with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct bridges on the Denton Branch Rail Trail over Pecan Creek at mile post 722 and over Loop 288 at mile post 724, and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant, and providing an effective date. Mobility Committee recommended approval (3-0). Parks, Recreation and Beautification Board recommended approval (4-0). Bob Tickner, Superintendent of Park Planning, stated that this ordinance would certify funds for a grant for two pedestrian bridges on the rail trail over Pecan Creek. Bob Clifton spoke in opposition to the application. The following ordinance was considered: N0.2006-109 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CERTIFYING FUNDING AND SUPPORT FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM NOMINATION FORM 2006 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO RECEIVE FUNDING TO CONSTRUCT BRIDGES ON THE DENTON BRANCH RAIL TRAIL OVER PECAN CREEK AT MILE POST 722 AND OVER LOOP 288 AT MILE POST 724, AND, IF THE GRANT IS APPROVED, TO EXECUTE THE GRANT AGREEMENT AND TAKE OTHER ACTIONS NECESSARY TO IMPLEMENT THE GRANT, AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes April 18, 2006 Page 12 C. This item was not considered. D. The Council considered nominations/appointments to the City's Boards and Commissions. Bob Ralph had been nominated for the Construction Advisory and Appeals Board, Alyson Coe had been nominated to the Parks, Beautification and Recreation Board and Philip Jordan had been nominated to the Zoning Board of Adjustment. McNeill motioned, Mulroy seconded to approve the above nominations. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Bob Clifton regarding city business. Mr. Clifton read a portion of the Open Government Act regarding Open Records. He had requested information on DME franchise, which he indicated he had not received. He wanted the information or he would go to District Court for the information. B. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. C. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. D. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. E. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth commented on information presented by Mr. Clifton. He again stated he would like to see an African American firefighter, that Eureka Park was a dangerous situation, and that the intersection of Woodrow and McKinney was dangerous. The Council was for the "haves" and not the "have nots". F. Robert Donnelly regarding City Council decisions. Mr. Donnell was not present at the meeting. City of Denton City Council Minutes April 18, 2006 Page 13 F. New Business The following items of New Business were suggested by Council: 1. Mayor Pro Tem McNeill asked for an update on the joint Council/DISD committee on the natatorium. 2. Council Member Kamp requested an update on quarterly meetings with the Planning and Zoning Commission. G. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Interim City Manager Martin did not have any items for Council. H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adj ourned at 9:05 p.m. EULINE BROOK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 1, 2006 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Work Session on Monday, May 1, 2006 at 11:30 a.m. in the Council Work Session Room. PRESENT: Mayor Brock, Mayor Pro Tem McNeill, Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Council Member Heggins. 1. The Council received a report and held a discussion regarding the Water, Wastewater, and Solid Waste Forecasts. Tim Fisher, Assistant Director of Water Utilities, presented the Water Utility financial forecast. Fisher stated that population projections provided by the Planning Department were used in developing the forecast. He stated that the service area population and percent of population actually served by the utility were also used to make adjustments to the population figures. Projections were figured based on a wet year, normal year and a dry year. Fisher stated that Denton would need 100% of its raw water rights from Lake Ray Roberts and Lake Lewisville by 2012-2013. Fisher stated that we had a 30-year raw water contract with Dallas that would cover us till 2015. Additional treatment plant capacity would be needed in 2012-2013. Raw water supplies and treatment capacity were estimated to be sufficient to meet Denton's needs for approximately 7- 8 years. Council Member Mulroy requested a memo with the best and worse case scenario for the water supply based on our current water contracts. Mayor Pro Tem McNeill asked how voluntary annexations affected the water supply. Fisher stated that depending on location and other factors, annexations could have an impact on water transmission. Council Member Mulroy asked for the outstanding debt for the City's share of the Lake Ray Roberts project and asked that that information be included in the above memo. P.S. Arora, Assistant Director of Wastewater Utilities, presented the Wastewater Utility financial forecast. He stated that the population projections provided by the Planning Department were adjusted based on service area population and percent of population actually served by the utility. Projections were figured based on a wet year, normal year and a dry year. The projected wastewater volumes showed that additional wastewater treatment capacity in the Hickory/Pecan/Cooper Creek Basins were needed by the year 2020. The Hickory Creek Pump Station would be adequate for the upcoming 5-year CIP horizon. This might change if the 3500- acre Cole development started selling homes within two years and underwent accelerated development. Options for initiating wastewater service in the Clear Creek/Milam Creek Basin had been developed. Implementation of one of the options would provide wastewater service in the sewer basin and rmve the construction of the Clear Creek Water Reclamation Plant to 2011- 2012. Final resolution of Craver Ranch issues might alter the Clear Creek Plant schedule. City of Denton City Council Minutes May 1, 2006 Page 2 Vance Kemler, Director of Solid Waste, presented the Solid Waste financial forecast. He stated that the projections for weights and volumes were based on the projected population forecast using a waste generation rate of 5.9 pounds per person per day. The U.S. average per day was 4.47 pounds per day. Kemler stated that the City's landfill had a projected site life through the year 2040. The increased site life was based on the continued use of alternate daily cover to reduce the amount of soil used for cover and reducing disposed wasted volumes by diverting materials from the landfill through the City's recycling programs. Council Member Mulroy asked for a comparison of residential versus commercial. Kemler stated that very few cities provided the exclusive service for their city. Mulroy requested more information on what other communities were doing to divert their waste stream. 2. The Council received a report and discussed the issue of dumpsters located in the public right-of way and on public city sidewalks. Vance Kemler, Director of Solid Waste, stated that the department had been working with many of Denton's business owners to relocate dumpsters out of the City's right-of way and off of the City's public sidewalks. In 2004 there were approximately 490 located in the street or right-of way. As of October 2005 there were 28 dumpsters located in the street and 369 located in the rig t-o -way. Kemler stated that the department had exhausted its voluntary marketing ideas to move the dumpsters. The remaining dumpsters could be categorized as follows. Dumpsters that had the potential to be relocated on the owner's property, but the owners were not receptive to the voluntary relocation idea. Dumpsters that appeared to have no inexpensive relocation alternative. Dumpsters that were shared by more than one customer with no property owner wanting it moved to their property. Downtown dumpsters with limited or no relocation alternative on the customer's property or in the proximity of their business. Dumpsters with no apparent relocation alternative. General consensus of the Council was to require that all dumpsters be moved and relocate the dumpsters with limited or no relocation alternative. In keeping with the provisions of the Public Power Utility Closed Session items, a vote was taken to determine that the item listed in l.A.l. was an electric competitive matter. McNeill motioned, Kamp seconded to approve the item for a Closed Session discussion. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council convened into Closed Session at 1:17 p.m. to discuss the item listed below. 1. Closed Meeting: City of Denton City Council Minutes May 1, 2006 Page 3 Before the City Council ("Council") may discuss, deliberate, vote, or take final action on this agenda item posted as an "electric competitive matter" under the provisions of Texas Government Code Section 551.086(c) relating to "Public Power Utility" items, and the Council must make a good faith determination by a majority vote of the members of the Council that this agenda item is an "electrical compet~ive matter," and satisfies the requirements of Texas Government Code Section 551.086(b)(3). A vote must be taken. The vote shall be taken during the Closed Meeting and shall be included in the certified agenda or the tape recording of the Closed Meeting. If the Council fails to determine by a majority vote of its members that this particular agenda item satisfies the requirements of Section 551.086(b)(3), then the Council may not discuss, deliberate or take any further action on that agenda item in its Closed Meeting.] A. Deliberations regarding certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086 1. The Council received a report and held a discussion of the electric customer and megawatt-hour forecasts. Council ended the Closed Session at 1:25 p.m. With no further business, the meeting was adjourned at 1:25 p.m. EULINE BROOK MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 2, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 2, 2006 at 4:45 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Mayor Pro Tem McNeill; Council Member Heggins 1. The Council received a report, held a discussion, and gave staff direction regarding an update on the City's Long-Range Financial Forecast. Jon Fortune, Assistant City Manager, stated that this was an opportunity for Council to ask additional questions regarding the City's Long Range Financial Forecast. Staff had met three times with the Audit Committee regarding the Forecast. Council Member Thomson stated that Council had the option to increase the fund balance 1/2 percent per year and questioned if a quarter percent would be better and what would be the implications. Fortune stated that the general process to date had been to do a half of a percent per year but Council could do any percentage it wanted to do. The City would realize better savings when the 15% were reached so it would be better to reach that goal as soon as possible. 2. The Council received a report, held a discussion, and gave staff direction regarding Request for Proposal #3482 -Bank Depository Services. Mayor Pro Tem McNeill arrived at the meeting. Diana Ortiz, Chief Financial Officer, stated that a stakeholder committee of staff members had reviewed the current bank depository services and what was available in the market place. A RFP was presented to 24 banks with 3 proposals received. Presentations and demonstrations were conducted before the Stakeholder Review Committee. Criteria for evaluation included ability to perform basic services and the annual cost of basic services. All three bidders were able to provide basic services. The lowest bid was received from Wachovia. Ortiz reviewed the lock box benefits proposed by Wachovia that included on-line exception review, accounts receivable conversion, check verification, and check conversion. Consensus of Council was to proceed with the contract with Wachovia. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for May 2, 2006. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:17 p.m. to consider specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071 City of Denton City Council Minutes May 2, 2006 Page 2 1. Consulted with the City's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the Denton Police Officers Association, pursuant to Texas Local Government Code sec. 142.051 et seq. A private caucus on this topic is specifically authorized by Texas Local Government Code 142.063(b), and public discussion would otherwise conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Considered and discussed status of litigation styled Sheldon Bromberg v. City of Denton, Cause No. 2005-40017-362, currently pending in the 362nd District Court, Denton County, Texas. 3. Consulted with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters 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 or would jeopardize the City's legal position in any administrative proceedings or potential litigation. Council completed the Closed Session at 6:11 p.m. Regular Meeting of the City of Denton City Council on Tuesday, May 2, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Pro Tem McNeill presented an Environmental Stewardship Award to Mayor Brock. Mayor Brock presented proclamations for: Denton Cinco de Mayo in Denton Bill Utter Ford Day Motorcycle Safety and Awareness Month Arson Awareness Week Drinking Water Week in Denton City of Denton City Council Minutes May 2, 2006 Page 3 Denton Parks Foundation Board Appreciation Day Aquatics Month 3. CONSENT AGENDA Bob Clifton spoke on Item 3B, 3D, 3L. He felt the citizens needed to know what the items cost for Item 3B and 3D. Item 3L was questioned regarding the insurance requirements. Thomson motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. 2006-110 - An ordinance abandoning and vacating a 0.5562 acre public drainage easement from Windjammer, Ltd. to City of Denton recorded by County Clerk file number 2005-38412 of the Real Property Records of Denton County, Texas, and a 0.0794 acre public drainage easement from Windjammer, Ltd. to City of Denton recorded by County Clerk file number 2005-38416 of the Real Property Records of Denton County, Texas, in the M.E.P. & P.R.R. Survey, Abstract No. 950; and declaring an effective date. The Public Utilities Board recommended approval (7-0). B. 2006-111 - An ordinance authorizing the City Manager to approve an amendment to the Memorandum of Understanding (MOU) between the City of Denton and the University of North Texas dated May 1, 2003 to extend the terms of the MOU for an additional three year term; said MOU providing for collaborative research projects; providing for the expenditure of funds therefor; and declaring an effective date. The Public Utilities Board recommended approval (7-0). C. 2006-112 - An ordinance of the City of Denton, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2006 Summer Food Service Program; if such funding is granted, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Health and Human Services Commission and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (4-0). D. 2006-113 - An ordinance amending, repealing and replacing Ordinance No. 2004-206 of the City of Denton, Texas, establishing fees to be charged for emergency ambulance services and standby emergency ambulance services in the City as provided for in Sec. 27-102 of Article IV of Chapter 27 "Vehicles For Hire" of the Code of Ordinances of the City of Denton, Texas; repealing all ordinances in conflict herewith; providing a severability clause; and providing for an effective date. City of Denton City Council Minutes May 2, 2006 Page 4 E. Approved tax refunds for the following property taxes: Name Reason Tax Amount Year 1. FJRN Partners Ltd DCAD Supplemental 2005 $8,162.45 Change (value change) 2. Wells FargolMendoza, Oscar Overpayment 2005 $2,679.81 3. 816 N Bell LLC DCAD Supplemental 2005 $2,626.36 Change (value change) 4. Hunt, William & Linda Duplicate Payment 2005 $1,652.81 5. First American/Ciulla, Don Duplicate Payment 2005 $1,630.70 6. CountrywidelGasconik, Amper Overpayment 2005 $1,458.25 7. 816 N Bell LLC DCAD Supplemental 2005 $1,353.31 Change (value change) 8. Wells Fargo/Neal, Phillip & Melissa Duplicate Payment 2005 $1,299.51 9. First American/Stansell, John & Sally Duplicate Payment 2005 $1,216.11 10. Wells FargolCowan, Michael Duplicate Payment 2005 $1,012.84 11. Wells FargolSala, Debra Duplicate Payment 2005 $ 961.08 12. Wells FargolWMC Mortgage Corp Duplicate Payment 2005 $ 941.67 13. Wells FargolJones, Mary Duplicate Payment 2005 $ 865.03 14. Wells FargolAbbott, Mike Duplicate Payment 2005 $ 860.05 15. Wells FargolWestbury, Sally Duplicate Payment 2005 $ 852.50 16. Quinonez, AdanlWholesale Auto Overpayment 2005 $ 849.17 17. Wells FargolJessup, Robert Duplicate Payment 2005 $ 844.71 18. Wells FargolErikson, Lori Duplicate Payment 2005 $ 816.67 19. First American/Sawyer, Thomas Duplicate Payment 2005 $ 783.02 20. Wells FargolSartin, Ottis Duplicate Payment 2005 $ 707.86 21. First American/Haskell, Cyrus Duplicate Payment 2005 $ 707.10 22. First AmericanlPierce, Brian & Mary Beth Duplicate Payment 2005 $ 699.76 23. Wells FargolKlein, Pamela Duplicate Payment 2005 $ 664.11 24. Countrywide/Scott, Blake & Susan Duplicate Payment 2005 $ 571.81 25. First American/Thomas, Scott Duplicate Payment 2005 $ 558.93 26. Wells FargolMassey, Robert & Louise Duplicate Payment 2005 $ 507.36 F. 2006-114 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 06-E providing for Development of Purchased Power Agreement for Nodal Market for Denton Municipal Electric; authorizing the expenditure of funds therefore; and providing an effective date. The Public Utilities Board recommended approval (6-0.) G. 2006-115 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Solutient Geosciences, Inc. for performing assessment monitoring and a groundwater monitoring system re-certification of the City of Denton, Texas Municipal Solid Waste Landfill; authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date. The Public Utilities Board recommended approval (6-0). H. 2006-116 - An ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 3498 - 2006 City of Denton City Council Minutes May 2, 2006 Page 5 Electrical Energy Transmission Fees Final Matrix in the total amount of $302,370). The Public Utilities Board recommended approval (7-0). I. 2006-117 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of two 500 gallon pumper trucks for the City of Denton Fire Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3500 -Interlocal Agreement for Purchase of Two Fire Trucks with H-GAC awarded to Martin Apparatus, Inc. in the amount of $874,612). J. 2006-118 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Parvin 15/21" Sanitary Sewer Line Project for the city of Denton Water/Wastewater Utilities Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3480 -Parvin Sanitary Sewer Line awarded to Wilson Contractor Services, L.L.C. in an amount not to exceed $23 8,479.60). The Public Utilities Board recommended approval (7-0). K. 2006-119 - An ordinance approving and authorizing the Mayor to execute a First Amendment to the Asset Purchase Agreement transferring all buses, equipment and other related assets from the City Passenger Motor Carrier Transit System known as LINK to the Denton County Transportation Authority; authorizing an extension of the time for Federal Transit Administration approval to March 30, 2007; authorizing the City Manager to take necessary actions to complete the transfer and providing an effective date. The Mobility Committee recommended approval (4-0). L. 2006-120 - An ordinance of the City of Denton, Texas, approving and authorizing the Denton Air Fair Committee and the Association of Competition Air Show Pilots, an Alabama L.L.C. ("ACAP") to hold an Air Fair at the Denton Municipal Airport on May 20 and 21, 2006, authorizing the concession to ACAP and the Denton Air Fair Committee to sell alcoholic beverages at places and locations during the 2006 Air Fair event; amending Chapter 3 "Airports" of the City Code to allow waiver of or substitution of insurance requirements; and providing an effective date. The Airport Advisory Board recommended approval (5-0). M. 2006-121 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Our Daily Bread to assist in providing food supplies for the homeless and destitute in Denton; providing for the expenditure of funds therefor; and providing an effective date. N. 2006-122 - An ordinance of the City of Denton, Texas authorizing settlement of litigation styled Sheldon Bromberg v. City of Denton, Cause No. 2005-40017- 362, currently pending in the 362nd District Court of Denton County; authorizing the City Manager and City attorneys to act on the City's behalf in executing any and all documents, and to take other actions necessary to finalize the settlement City of Denton City Council Minutes May 2, 2006 Page 6 and release of claims; authorizing the expenditure of funds therefor; and declaring an effective date. 0. R2006- O15 - A resolution of the City Council of the City of Denton, Texas, consenting to the inclusion of its extraterritorial jurisdiction within the proposed Denton County Emergency Services District No. 1 pursuant to Chapter 775 of the Texas Health and Safety Code; authorizing the Mayor to notify the County Commissioners Court and representative of the Denton County Emergency Services District No. l of this consent; and providing an effective date. P. Approved the minutes of: March 21, 2006 April 3, 2006 April 4, 2006 April 11, 2006 4. PUBLIC HEARINGS Item 4E was considered. E. The Council continued a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 58.26 acres from a Neighborhood Residential-2 (NR-2) zoning district to a Neighborhood Residential-4 (NR-4) zoning district with an overlay district. The property was located at the southwest corner of Teasley Lane and Ryan Road. The Planning and Zoning Commission recommended denial (5-0). (Z06-0006, Teasley Park) SUPER MAJORITY VOTE REQUIRED FOR APPROVAL. City Attorney Snyder stated that the proposed ordinance was redrafted based on comments by the Council. An overlay district was included in order to preserve a portion of the upland habitat area. He listed the conditions included in the ordinance. Council discussion - • The original plan was not presented to Planning and Zoning as an overlay district. • The plan presented to the neighbors was different than the one the Planning and Zoning Commission had denied. The applicant went back to the neighbors and fixed the contractual time line using an overlay district to lock in the upland habitat as outlined. • After the new plan was presented, the neighbors were in favor of the proposal according to emails and phone calls received. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Robin Mullendore,1139 Oakhurst, Denton, 76210 -opposed Kelly Wooley,1916 DelMar Court, Denton, 76210 - in favor Liz Stokes, 2012 Belmont Park, Denton, 76210 - in favor of plan presented City of Denton City Council Minutes May 2, 2006 Page 7 Bob Clifton, 730 Wainwright, Denton, 76201 -proud of citizens who spoke regarding this proposal. Bill Morse, 2317 Creekdale, Denton, 76210 - in favor of the current plan Lori Prather, 2113 Belmont Park, Denton, 76210 - in favor Donna Meyer, 2109 Belmont Drive, Denton, 76210 - favor of new proposal The Mayor closed the public hearing. The following ordinance was considered: N0.2006-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 58.258 ACRES FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 4 (NR-4) WITH AN OVERLAY DISTRICT LOCATED AT THE SOUTHWEST CORNER OF TEASLEY ROAD AND RYAN ROAD AND LEGALLY DESCRIBED AS TRACT 5 IN THE ELI PICKETT SURVEY, ABSTRACT UMBER 1018, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0006) McNeill motioned, Mulroy seconded to adopt the ordinance with the conditions as noted in the ordinance. On roll vote, Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. The Council returned to the regular agenda order. A. The Council held the second of two public hearings to consider annexing approximately 3,406 acres into the corporate city limits of the City of Denton, Texas. The property was bounded by Tom Cole Road to the north, FM 2449 bisects the property near the center of the development and John Payne Road is the eastern boundary south of FM 2449. Underwood Drive was on the eastern side of the property north of FM 2449. The property was bounded on the west by H. Lively Road/C. Wolfe Road and extended to the south a distance of approximately 6,500 linear feet from FM 2449. The property to be annexed was generally located in the southwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ). There had been no previous Planning and Zoning Commission action. (A06-0001, Cole Ranch) The Mayor opened the public hearing. Bob Clifton spoke in opposition. The Mayor closed the public hearing. No action was required at this time. B. The Council held a public hearing and considered adoption of an ordinance regarding a Comprehensive Plan Amendment from a "Neighborhood Centers" land use City of Denton City Council Minutes May 2, 2006 Page 8 designation to a "Regional Mixed Use Centers" land use designation on a 5.74-acre tract of land located on the north side of Scripture Road beginning at a point 300 feet east of the intersection of Scripture Road and Interstate 35. The site was zoned a Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 6 (NR-6) zoning district. The property was currently undeveloped and the owner proposed to build a rehabilitation hospital. The Planning and Zoning Commission recommended approval (6-0). (CA6-0001, Select Medical) Brian Lockley, Interim Director of Planning and Development, stated that a rehabilitation hospital was proposed on the site. Item C would allow for the development of the property with hospital related uses. This was part of a larger master plan development. Staff recommended an overlay to limit the uses for hospital/medical uses. The Mayor opened the public hearings for Items B and C. Larry Reichhart, representing the developer, spoke in favor of the two items. The Mayor closed the public hearings for Items B and C. The following ordinance was considered: N0.2006-123 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE LAND USE ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS FOR APPROXIMATELY 5.74 ACRES OF LAND LOCATED ON THE NORTH SIDE OF SCRIPTURE ROAD BEGINNING AT A POINT 300 FEET EAST OF THE INTERSECTION OF SCRIPTURE ROAD AND INTERSTATE 35, AND BEING A PORTION OF THE B.B.B. AND C.R.R. COMPANY SURVEY, ABSTRACT N0. 192, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (CA06-0001) Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adopting and ordinance regarding a zoning change fora 5.74-acre tract of land located on the north side of Scripture Road beginning at a point 300 feet east of the intersection of Scripture Road and Interstate 35 with consideration being given to the use of an Overlay District to further restrict uses on the subject property. The applicant was requesting a change from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential-6 (NR-6) zoning districts to a Regional Center Commercial-Downtown (RCC-D) zoning district. The Planning and Zoning Commission recommended approval (6-0). (Z06-0007, Select Medical) The public hearing was held in conjunction with Item B. The following ordinance was considered: N0.2006-124 City of Denton City Council Minutes May 2, 2006 Page 9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 5.74 ACRES OF LAND FROM A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT AND A NEIGHBORHOOD RESIDENTIAL-6 (NR-6) ZONING DISTRICT TO A REGIONAL CENTER COMMERCIAL-DOWNTOWN (RCC-D) ZONING DISTRICT AND USE DESIGNATION WITH AN OVERLAY DISTRICT ON PROPERTY LOCATED ON THE NORTH SIDE OF SCRIPTURE ROAD BEGINNING AT A POINT 300 FEET EAST OF THE INTERSECTION OF SCRIPTURE ROAD AND INTERSTATE 35 AND LEGALLY DESCRIBED AS A PORTION OF TRACT 4, OF THE B.B.B. & C.R.R. COMPANY SURVEY 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. (Z06-0007) Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending portions of Subchapter 16 (Subdivisions) of the Denton Development Code; providing for a severability clause and an effective date. The Planning and Zoning Commission recommended approval (6-1). (DCA06-0003, Subchapter 16Amendments) Brian Lockley, Interim Director of Planning and Development, presented information concerning the proposed amendments to the Code. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Larry Reichhart, 1608 E. Windsor, Denton, 76209 -expressed concern that large single- family developments could not be done in phases. Melissa Lindelow, 301 Commerce Street, Fort Worth, 76102 -home builders in the development community had not been made aware of these amendments. There were legal issues concerning the proposed changes. The Mayor closed the public hearing. The following ordinance was considered: N0.2006-125 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 16 (SUBDIVISIONS) OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. City of Denton City Council Minutes May 2, 2006 Page 10 Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance amending the Water Conservation and Drought Contingency Plan of the City of Denton previously enacted by the City Council in Ordinance No. 2005-121 on the 19th day of April, 2005 by adding to it Appendix "G", "The Land and Landscape Irrigation and Water Waste Ordinance"; amending the Water Conservation and Drought Contingency Plan in accordance with the requirements of the law; establishing lawn and landscape irrigation requirements; implementing water-wasting restrictions; requiring rain sensors and freeze gauges; providing for variances; providing for the revocation of variances; and providing penalties for violations thereof; providing a criminal penalty not to exceed $2,000 per violation; providing a civil penalty not to exceed $1,000 per day per violation and providing legal remedies for the City of Denton, Texas; providing a savings clause; providing a severability clause; and providing an effective date. The Public Utilities Board recommended approval (7-0). Tim Fisher, Assistant Director of Water, presented the background information on the issue. He detailed the conditions of the plan, which included water-wasting restrictions, rain sensors and freeze gauges and lawn and landscape irrigation requirements. The restrictions would begin June 1, 2006. Bob Clifton spoke in opposition as he felt there was a need to educate citizens rather than punish them. The following ordinance was considered: N0.2006-127 AN ORDINANCE AMENDING THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN OF THE CITY OF DENTON PREVIOUSLY ENACTED BY THE CITY COUNCIL IN ORDINANCE N0. 2005-121 ON THE 19TH DAY OF APRIL, 2005 BY ADDING TO IT APPENDIX "G", "THE LAND AND LANDSCAPE IRRIGATION AND WATER WASTE ORDINANCE"; AMENDING THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW; ESTABLISHING LAWN AND LANDSCAPE IRRIGATION REQUIREMENTS; IMPLEMENTING WATER- WASTING RESTRICTIONS; REQUIRING RAIN SENSORS AND FREEZE GAUGES; PROVIDING FOR VARIANCES; PROVIDING FOR THE REVOCATION OF VARIANCES; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF; PROVIDING A CRIMINAL PENALTY NOT TO EXCEED $2,000 PER VIOLATION; PROVIDING A CIVIL PENALTY NOT TO EXCEED $1,000 PER DAY PER VIOLATION AND PROVIDING LEGAL REMEDIES FOR THE CITY OF DENTON, TEXAS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes May 2, 2006 Page 11 Montgomery motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. Announcement of Council Member Pete Kamp's conflict of interest in the Emergency Shelter Grant Program ("ESGP"), due to her service on the Salvation Army Advisory Council, a potential contract recipient of ESGP funds, in accordance with the requirements of 24 CFR 576.57(4) and consider and take action to authorize the City staff to initiate the process of submitting an application to HUD through the Texas Department of Housing and Community Affairs for an exception to the conflict. Ms. Kamp read the following statement: "The City of Denton is in the process of applying for Emergency Shelter Grant Program ("ESGP") funds from the Texas Department of Housing and Community Affairs, which administers HUD's state ESGP funds in Texas. I, Pete Kamp, want to make it known that since becoming a City Council member, I have served on the Advisory Council of the Salvation Army, as anon-compensated board member. The Salvation Army has in the past or may in the future receive ESGP funds or is a contractor or subcontractor for the ESGP funds administered by the City of Denton. HUD has made a preliminary determination that this creates a conflict of interest under 24 CFR 576.57(4). Although, if required, I will abstain from any participation in any vote concerning the grant of ESGP funds, HUD has determined that I am still in a position to gain information with regard to ESGP activities and that the City should request an exception from this conflict to HUD through the Texas Department of Housing and Community Affairs the recipient of ESGP funds. One of the special requirements for an exception to this conflict is that the conflict be publicly disclosed in accordance with 24 CFR 570.611(4)(1). In order to meet this public disclosure requirement, I, Pete Kamp, am hereby making this public disclosure as part of the City's request for an exception from these conflict of interest provisions. I request that the City Secretary record this statement in the minutes of this meeting." C. Council considered approval of a resolution ordering Atmos Energy, Mid-Tex Division to show cause regarding the reasonableness of its existing natural gas distribution rates within the City; requiring Atmos Energy, Mid-Tex Division, to submit a rate filing package based on a test year ending December 31, 2005; authorizing the City to join with other cities known as the Atmos Texas Municipalities ("ATM") to direct the activities of lawyers and consultants; authorizing the hiring of attorneys and consultants; directing that such filing shall be made prior to May 31, 2006; requiring reimbursement of reasonable legal and consultant expenses; finding that the meeting complies with the Open Meetings Act; making such other findings and provisions related to the subject; and declaring an effective date. Council Member Kamp left the meeting. City Attorney Snyder indicated that Atmos had not yet made an application for a rate increase. The resolution authorized the City to retain an attorney and consultant to challenge the reasonableness of its existing rates and any future rate increases. City of Denton City Council Minutes May 2, 2006 Page 12 The following resolution was considered: N0. R2006-016 A RESOLUTION ORDERING ATMOS ENERGY, MID-TEX DIVISION TO SHOW CAUSE REGARDING THE REASONABLENESS OF ITS EXISTING NATURAL GAS DISTRIBUTION RATES WITHIN THE CITY; REQUIRING ATMOS ENERGY, MID-TEX DIVISION, TO SUBMIT A RATE FILING PACKAGE BASED ON A TEST YEAR ENDING DECEMBER 31, 2005; AUTHORIZING THE CITY TO JOIN WITH OTHER CITIES KNOWN AS THE ATMOS TEXAS MUNICIPALITIES ("ATM") TO DIRECT THE ACTIVITIES OF LAWYERS AND CONSULTANTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; DIRECTING THAT SUCH FILING SHALL BE MADE PRIOR TO MAY 31, 2006; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimous y. D. Council considered approval of a resolution authorizing the suspension of the effective date until July 14, 2006 for the Gas Reliability Infrastructure Program Adjustments for calendar year 2005 proposed by Atmos Energy Corporation's Mid-Tex Division (Atmos Energy); 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 any Gas Reliability Infrastructure Program adjustments proposed by Atmos Energy; 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. City Attorney Snyder indicated that this was the third request from Atmos to increase the base rate based on an investment structure. An application for an increase had received and this resolution would authorize suspension of the effective date of the increase in order to prepare opposition to that rate increase. The following resolution was considered: N0. R2006-017 A RESOLUTION AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE UNTIL JULY 14, 2006 FOR THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS FOR CALENDAR YEAR 2005 PROPOSED BY ATMOS ENERGY CORPORATION'S MID-TEX DIVISION (ATMOS ENERGY); AUTHORIZING PARTICIPATION IN A COALITION OF CITIES KNOWN AS City of Denton City Council Minutes May 2, 2006 Page 13 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 ANY GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS PROPOSED BY ATMOS ENERGY; 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. Mulroy motioned, Montgomery seconded to approve the resolution. On roll vote, McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimous y. E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Council receive citizen reports from the following: A. Bob Clifton regarding city business. Mr. Clifton again indicated that he had not received information he requested for an Open Records request. He had filed a lawsuit this afternoon for the information he had requested. He also presented information on an ad that would be in the Denton Record-Chronicle regarding the IPMC. B. Jane Wilson regarding city services. Ms. Wilson stated that she had a problem with her utility bill and had asked for information on how her bill was prepared. She had asked to have her meter tested with no results. She was not being treated justly as a citizen of Denton. C. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. D. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. E. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. F. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth stated that Council currently had the votes and could do what they wanted to do to the citizens. Council needed to not rubber-stamp all of the items it considered. One day there City of Denton City Council Minutes May 2, 2006 Page 14 would be a black firefighter, one day there would be a tree preservation plan, and one day citizens would know about the business of the council. G. Lari Gibbons regarding Unicorn Lake. Ms. Gibbons stated that she was opposed to the proposed development of Unicorn Lake as it would destroy a large stand of upland habitat that was currently protected under the Development Code. H. Jennifer Larson-Hall regarding Unicorn Lake overlay. Ms. Larson-Hall proposed a compromise for the Unicorn Lake overlay of a 50 foot of buffer. This would only result in the loss of loss of 6 lots and would maintain the promise the current property owners had been given. She indicated that the Planning and Zoning Commission had been distressed that there was no compromise over this situation. This was not an issue of apartments versus homes. I. David Radabaugh regarding Unicorn Lake Development Project. Mr. Radabaugh indicated that he was opposed to the proposed development of Unicorn Lake that would destroy a stand of upland habitat in the area when the current residents had been promised that the forest buffer would remain. He asked Council to not approve the proposal when it came to them. J. Jack Deeb regarding trash pickup and city management response. Mr. Deeb was not present at the meeting. F. New Business The Council had the following of New Business for future agendas: 1. Council Member Mulroy requested staff prepare additional packages of information for Mr. Clifton regarding the information he had addressed during the meeting. 2. Mayor Pro Tem McNeill indicated that he had the same request and also requested public input from all citizens. G. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Interim City Manager Martin did not have any items for Council. H. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. I. There was no official Action on Closed Meeting Item(s) under Sections 551.071- 551.086 ofthe Texas Open Meetings Act. City of Denton City Council Minutes May 2, 2006 Page 15 With no further business, the meeting was adj ourned at 9:00 p.m. EULINE BROOK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 11, 2006 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Thursday, May 1 1, 2006 at 5:30 p.m. in the City Council Chambers. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council considered approval of a resolution accepting a $100,000 donation to the Clear Creek Natural Heritage Center for the construction of an interim staging facility and programming for underprivileged youth in Denton, and accepting matching funds requirements of the donation. Council Member Mulroy left the meeting with a conflict of interest. Interim City Manager Martin stated that since the late 1990's, the City had been a lead partner on the Clear Creek Natural Heritage Steering Committee with the University of North Texas and the Denton Independent School District, with the goal of constructing a nature education facility on the site. A private donation had been received for the construction of an interim staging facility to serve the immediate needs of the visiting public and to provide programs for underprivileged children. The anonymous donation provided that the City make available matching funds in the amount of $100,000 to conduct engineering and site surveys, site planning and construct necessary parking and driveways on site. A portion of Capital Improvement funds identified for the Clear Creek Natural Heritage Center was scheduled for 2009. Those funds could be accelerated to be used as matching funds to qualify for the receipt of the matching funds. The CIP Oversight Committee recommended moving $100,000 forward to this year. Mayor Brock indicated that the funds had been approved by the voters in the CIP bond election. This ordinance would only change the timing of a portion of the funding. Joe Mulroy, speaking as a private citizen, stated that he was asking Council's protection of children's future by memorializing the agreement and directions from the CIP Committee. A future Council may not continue in the current direction for the development of the Center. This agreement would assure that part of the project would be completed. Ken Dixon indicated that there was a unique partnership between the City, DISD and UNT. He reviewed the history of the site and urged the Council to approve the ordinance. Dalton Gregory stated that children needed to be outdoors with more parks and nature centers. This proposal would greatly advance that perspective. Cheryl Kesterson stated that she was a certified master naturalist and was in favor of the proposal. She details all the activities available at the center. The following ordinance was considered: City of Denton City Council Minutes May 11, 2006 Page 2 N0.2006-128 AN ORDINANCE ACCEPTING A $100,000 DONATION TO THE CLEAR CREEK NATURAL HERITAGE CENTER FOR THE CONSTRUCTION OF AN INTERIM STAGING FACILITY AND PROGRAMMING FOR UNDERPRIVILEGED YOUTH IN DENTON, AND ACCEPTING MATCHING FUNDS REQUIREMENTS OF THE DONATION; PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 6:10 p.m. EULINE BROOK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 16, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 16, 2006 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council received an update from the Chair of the Citizens Capital Improvement Program (CIP) Oversight Committee on the progress of the Five Year Capital Improvements program. Mark Burroughs, Chair-Oversight Committee, indicated that the Committee would like to know how the Council would like reports from the Committee. He stated that there currently were significant building challenges not anticipated at the time of the election and when the committee was formed. Hurricanes Katrina and Rita and escalating fuel process had increased the cost of projects approximately 15-30%. Construction materials were depleted and moved to the coast. This was creating a pinching of resources dealing with construction services. Avast majority of the CIP was for construction projects. These factors could potentially produce overruns of projects and higher projected costs for future projects. The initial projections for projects would probably be inadequate. Options to consider included delaying the start of some of the projects for several years or dropping off some projects. Because of rising costs, the leveraging of matching funds from the state and federal governments was also shifting. On the positive side, sustainable development funds were available and Denton ranked high in that area. The Committee would be meeting quarterly or on an as-needed basis. Council Discussion - • Continue providing Council with updates on the situation. • Consider ranking the approved projects -The Committee felt that if additional funds were found, it could determine what proj ects would fit in those categories. • General direction for staff would be to look at the outer years that were not as dependent on construction costs and consider moving those up now to make best use of the funds and hope that construction costs would come down in the future. • There was a need to realign thinking at this time in order to have best use of funds. • Consider delaying projects for a year and see where the market would be at that time. 2. The Council received a report, held a discussion, and gave staff direction regarding the Animal Shelter Cost Recovery Assessment. Lt. Scott Fletcher, Denton Police Department, stated that staff had reviewed the shelter conditions and options for the shelter with the Council in December of 2005. The current population of the animals at the shelter consisted of 2/3's from the City of Denton and 1/3 from the agencies contracting with the shelter. Fifty-one percent of the revenue from the shelter came from the contracts with the outside agencies. Services included holding, adoption, euthanasia, cremation, reclaims and transfers. The holding time of the animals was on an average of 7.68 days. State law required a holding time of 3 days and city ordinance required 4 days. The actual holding cost for the city was $7.30 per day. It was recommended to increase the daily holding City of Denton City Council Minutes May 16, 2006 Page 2 fee from $5 to $8 and increase maximum billing time from 4 to 8 days. The recommendation for adoption was to not make any changes in the process at this time, as the one-stop adoption, which started in November 2005, was competitive with area shelters. The euthanasia revenue and expenses were reviewed. Staff was recommending no changes for euthanasia fees, as the changes in the holding fees would cover the costs. Cremation expenses and revenue were reviewed. Recommendations were to increase the fee for mass cremation to $15 and eliminate the private cremation option. Reclaims revenue and expenses were detailed with no recommended changes as the current fees covered the costs. Transfer revenues and expenses were detailed with no changes as benefits of transfers outweighed the cost of recovery. Fletcher detailed a proposed policy change regarding the intake of animals during off hours. Currently the interlocal agencies could access the shelter in off hours and deposit animals. The proposed policy change would require shelter staff to be present to take in interlocal animals and then bill interlocal agencies for after hour response to the shelter. Benefits to this change were better control of the facility, the ability to monitor the health of the animals and ensure accurate billing. A capital expenditure proposal was to have interlocal agencies pay a percentage of how much they used the shelter. This would be an annual percent of the capital expenditure plus per animal fees for total annual costs. Council direction was needed on the proposed fee increases, the policy change for after-hours intake and for the capital expenditure plan for a new shelter. Council discussion- s The County wanted the city to continue services for the county -two county individuals were proposing for the County to be involved in funding help for a new shelter. • Appoint a study group from the County, City and animal support groups to look at the issues. • Start a dialog for long term commitments for contracts Consensus of Council was to proceed with the recommendations as presented. 3. The Council received a report, held a discussion, and gave direction on the City Manager search process, to include authorization of the CAPR committee to use Ron Holifield, Owner and CEO of Government Resources, Inc. for assistance with the search process. Mayor Pro Tem McNeill stated that there were two items to discuss relating to this topic. One was an update on the characteristics added to the information sheet for the city manager search and the second was the desire of the Committee to have outside help with the filter process for the applications. The Committee was proposing to use Ron Holifield from Government Resources, Inc. to assist with that process. Mr. Holifield would meet with Council on June 6th to further discuss the process. The notice of vacancy would be released after that meeting with a deadline of "until filled" in the notice. Consensus of the Council was to move forward with the proposals. 4. The Council received a report, held a discussion and gave staff direction regarding the submittal of an application to designate a portion of the industrially zone area of Denton as a Foreign Trade Zone. City of Denton City Council Minutes May 16, 2006 Page 3 Linda Ratliff, Director of Economic Development, stated that over the years, the City has had several requests from prospects for industrial sites that were located in a Foreign Trade Zone. Lately, the requests for such sites had increased, and several existing businesses had also expressed an interest. If Council approved, staff would prepare a resolution of support for the establishment of a Foreign Trade Zone. The County and DISD would also have to indicate support in order for the application to be submitted. Avionics International Supply would like to participate in a Foreign Trade Zone. They would apply for a temporary zone that would only involve their operation and would expire in two years. At the same time the City would head a project to establish ageneral-purpose zone. The City would engage in cost sharing with the surrounding airport property owners and businesses to cover the $50,000 cost for the zone. The general-purpose zone took approximately two years to receive designation. Thus at the time when the temporary zone from Avionics expired, the general-purpose zone would be in place. Council discussion - • The City, as well as the DISD and County, could lose money with this trade zone. Ratliff stated only if all of the inventory for the business were involved. • What did the County and DISD feel about these? Ratliff stated that the process had to start with the City and then proceed to the County and DISD. Letters of support were needed from all three entities in order to proceed. • Work up a ten-year program showing the statistics of a foreign trade zone. • After the initial cost for the application, individual businesses must spend @$40,000 for activation of the zone. • There would be a cost for the Airport to be a part of the zone. With other entities included in the process, the cost would be @$14,000 fir the Airport to be included. Consensus of the Council was to come back with another work session with more information on the process. If approved, the item could then be placed on a consent agenda. 5. The Council received a report, held a discussion and gave staff direction regarding the retention period for candidate/officeholder contribution/expenditure reports. This item was not considered. 6. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for May 16, 2006. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:25 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. City of Denton City Council Minutes May 16, 2006 Page 4 1. Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Consulted with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters 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 or would jeopardize the City's legal position in any administrative proceedings or potential litigation. 2. Considered and discussed status of litigation styled Tower v. City of Denton, Cause No. 4:05cv302, currently pending in the U.S. District Court, Eastern District, Sherman Division B. Deliberations regarding certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Consultation with Attorneys - Under Texas Government Code §551.071. 1. Received a presentation and information from Denton Municipal Electric staff regarding public power and business matters respecting the pending request for proposals by DME; receive information and analysis regarding power purchase agreements and the power supply needs of the city; and discuss, deliberate, consider, provide staff with direction, consider a vote and take final action regarding the proposed Power Purchase Agreement by and between the City of Denton, Texas and Constellation Energy Commodities Group, Inc., a Delaware corporation, in order to provide a portion of the city's power supply needs. Receive a consultation with the city's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. Regular Meeting of the City of Denton City Council on Tuesday, May 16, 2006 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. City of Denton City Council Minutes May 16, 2006 Page 5 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. May Yard-of the-Month Awards Mayor Brock presented the Yard of the Month awards to: Reeler McAdams and Novell McClure Brenda McCutcheon Wallace and Bonnie Duvall Jim and Jennifer Specht Sam Sealana and Sharon Turcotte Melony and Kent Maloy - Watersmart Award Quatum Family Care PA -Business Award 3. CONSENT AGENDA Mayor Brock indicated that Speaker Cards had been received on several Consent Agenda Items. Bob Clifton, 730 Wainwright, Denton, 76201, spoke on Items 3C, 3D and 3J. He indicated that citizens should be made aware of the costs of these items. Stan Eberhart, 1824 Parkside, Denton, 76201 spoke on Item 3F. He was concerned about the requirement for a rollback wrecker in order to stay on the rotation list for the Police Department. Lloyd Odle, 209 W. Collins, Denton, 76201 spoke on Item 3F. He also expressed a concern about the requirement for a rollback wrecker in order to stay on the rotation list for the Police Department. Mulroy motioned, Thomson seconded to pull Item 3 F for more information. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Kamp motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances with the exception of Item 3F. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. 2006-129 - An ordinance of the City of Denton approving a License Agreement between the Texas Municipal Power Agency ("TMPA"), and the City of Denton relating to the encroachment of city utilities, aportion ofright-of way and a storm drain across an existing TMPA Easement as part of the Wheeler Ridge Phase 4 improvements, located in the B. Merchant Survey Abstract Number 900, City of Denton, Denton County, Texas and being a portion of a certain called 253.926 acre tract of land described in the deed to Centex Homes, a Nevada general partnership, recorded in Volume 5105 Page 3753 of the Deed Records of Denton County, Texas. The Public Utilities Board recommended approval (6-0). City of Denton City Council Minutes May 16, 2006 Page 6 B. 2006-130 - An ordinance of the City of Denton approving a License Agreement between TXU Electric Delivery Company ("TXU"), and the City of Denton relating to the encroachment of City utilities, a portion of right-of way and storm drain across an existing TXU easement as part of the Wheeler Ridge Phase 4 improvements, located in the B. Merchant Survey Abstract Number 900, City of Denton, Denton County, Texas and being a portion of a certain called 253.926 acre tract of land described in the deed to Centex Homes, a Nevada General Partnership, recorded in Volume 5105 Page 3753 of the Deed Records of Denton County, Texas; and providing an effective date. (The Public Utilities Board recommended approval (6-0). C. 2006-131 - An ordinance approving a Professional Services Agreement between the City of Denton and R.W. Beck, Inc. to provide professional design and engineering services at the City's landfill; authorizing the expenditure of funds; and providing an effective date. The Public Utilities Board recommended approval (6-0). D. 2006-132 - An ordinance accepting competitive bids and awarding a public works contract for the installation of playground equipment and other renovations at Avondale and Civic Center Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 3493 -Avondale and Civic Center Park Playground Renovations awarded to Texas Environmental Management S.A., Inc. in the amount of $41,624.41). E. 2006-133 - An ordinance authorizing the partial abandonment of a 0.0275-acre public utility easement tract recorded in Volume 1018, Page 867 of the Real Property Records of Denton County, Texas situated in the S. Brewster Survey, Abstract No. 56. The Public Utilities Board recommended approval (6-0). F. This item was pulled from consideration. G. Approved tax refunds for the following property taxes: Name Reason Tax Amount Year 1. Wells Fargo Erroneous Payment 2005 $3,454.64 2. Pulte Homes of Texas Duplicate Payment 2005 $1,476.30 3. Countrywide/Passos, Esdra Duplicate Payment 2004 $1,086.28 4. Lima, Geraldo Duplicate Payment 2005 $ 73 5.07 5. First American/816 N Bell LLC Overpayment 2005 $ 720.98 6. Countrywide/Fritsch, Hilton Duplicate Payment 2004 $ 539.43 H. 2006-134 - An ordinance of the City of Denton, Texas, amending Chapter 18 of the Code of Ordinances by adding Section 18-73; altering the prima facie speed limits established for vehicles under the provision of Transportation Code, Section 545.356, upon the following roadways or parts thereof, within the incorporated limits of the City of Denton; providing a penalty not to exceed $200.00 unless the violation occurs in a work zone and then the penalty shall not exceed $400.00; providing a severability clause; providing a repealing clause; City of Denton City Council Minutes May 16, 2006 Page 7 providing for publication; and declaring an effective date. The Traffic Safety Commission recommended approval (6-0). I. 2006-13 5 - An ordinance amending Chapter 18 of the Code of Ordinances to revise the school safety speed zones and times for various schools; providing a penalty of a fine not to exceed two hundred dollars ($200.00); providing a severability clause; providing for publication; and declaring an effective date. The Traffic Safety Commission recommended approval. J. 2006-136 - An ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a Second Amendment to an Agreement with Terry D. Morgan & Associates, P.C. for professional legal services relating to pending litigation styled JNC Partners Denton, LLC v. City of Denton, Cause No. 2006-10032-16, currently pending in the 16th District Court of Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. K. 2006-137 - An ordinance of the City of Denton, Texas, Nunc Pro Tunc, correcting an inadvertent mistake in Ordinance No. 2005-024 providing for approval of a detailed plan for 24.8 acres located within Planned Development 132 (Pd-132) zoning district; the subject property is generally located on the south side of Pockrus Page Road, on the east side of Lakeview Boulevard 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. (Z04-0024) 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding an Alternative Development Plan (ADP) for an Environmentally Sensitivity Area (ESA). The 71.01-acre ESA was located within the Unicorn Lake development, a 133.5-acre site located south of Interstate 35 East along both sides of Wind River Lane. The Unicorn Lake development was zoned Neighborhood Residential 2 (NR-2), Neighborhood Residential Mixed- Use (NRMU-12), and Regional Center Commercial Downtown (RCC-D) zoning districts. The Planning and Zoning Commission forwarded this item without reaching a consensus on a recommendation (3-3). (ADP06-0005, Unicorn Lake) Brian Lockley, Interim Director of Planning, presented information concerning both Item 4A and 4B. The Planning and Zoning Commission could not reach a consensus on the items. The original concept plan approved for Unicorn Lake showed an ESA area that was comprised of 1.18 acres of Upland Habitat and the creation of 10.16 acres of Upland Habitat. A 20' buffer would be provided along the rear lot setbacks on those lots adjacent to Sundown Ranch. Every rear lot abutting the Sundown Ranch Subdivision would have at least one healthy tree with a 6- 8" ca 1per. Council Member Mulroy stated that this was the plan presented to the Planning and Zoning Commission but a different plan was presented at the neighborhood meeting. City of Denton City Council Minutes May 16, 2006 Page 8 Lockley stated that the current plan was to leave a 50' buffer along the back of the lots adjacent to Sundown Ranch. The Mayor opened the public hearing for 4A and 4B. The following individuals spoke during the public hearing: Bob Shelton -proposal was for 50' buffer zone -with changes not do 10 acres Daniel McCoulsky, 2601 Hollow Ridge, Denton 7621- -favor Kathy Edman, 2100 Spur Court, Denton, 76210 -favor Jennifer Larson-Hall, 3 513 Paint Drive, Denton, 76210 -favor Joel Blixt, 2200 Lakeside Court, Denton, 76210 - favor of modified proposal Josh Whit, 3609 Paint Drive, Denton, 76210 -favor Mary McSorley, 3725 Ranchman Blvd., Denton, 76210 -favor Richard Stephens, 2709 Clubhouse Drive, Denton, 76210 - favor of proposal Comment cards were received from the following: Mona White, 3609 Paint, Denton, 76210 -support Trina Stephens, 2709 Clubhouse Drive, Denton, 76210 -support Louis Dagenais, 2113 Spur Court, Denton, 76210 -support James and Sunny Emery, 2712 Clubhouse Drive, Denton, 76210 -favor George Rye, 2612 Hollow Ridge Denton, 76210 -favor Phil Gallivan, 6 Timbergreen Circle, Denton, 76205 -support Esther Williams, 2717 Clubhouse Drive, Denton, 76210 -support Brad Powell, 2209 Lakeside Court, Denton, 76210 -support Patricia Cukor-Avila, 2645 Cumberland Court, Denton, 76210 -favor Chad Kan, 3441 Lake Country, Denton, 76201-support Jennifer Nicholson, 2200 Palamino Court, Denton, 76210 -support Shobhana Chelliah, 422 Magnolia Street, Denton, 767201-support Mark Chadwick, 3612 Cattail, Denton, 76208 -support Andrew Hall, 3 513 Paint Drive, Denton, 76210 -support Kevin Sanders, 3617 Point Drive, Denton, 76210 -support Jenny McCoulsky, 2601 Hollow Ridge, Denton, 76210 -support Additional speakers included: Peggy LaPointe, 1900 Highland Park Circle, Denton -opposed Bob Clifton, 730 Wainwright, Denton, 76201-opposed Kreg Rutherford, 2817 Hollow Ridge Drive, Denton, 76210 -favor The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes May 16, 2006 Page 9 N0.2006-13 8 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA PLAN FOR AN APPROXIMATELY 47-ACRE TRACT OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF I-35 EAST, SOUTH OF WIND RIVER BOULEVARD AND WEST OF UNICORN LAKE BOULEVARD, AND LEGALLY DESCRIBED AS WITHIN THE M.E.P. & P.R.R. SURVEY, ABSTRACT 950, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT A ATTACHED HERETO; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance with the amended Option 2. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance concerning an Overlay District for approximately 47.4 acres of land in Unicorn Lake currently zoned NR-2 and NRMU-12 and generally located south of Windriver Drive, west of I-35E and east of Sundown Ranch. The Planning & Zoning Commission recommended approval of the Overlay Zoning District (6-0). (Z06-0010/DCA06-0002) The public hearing for this item was held in conjunction with Item 4A. The following ordinance was considered: N0.2006-13 9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE TO CREATE AN OVERLAY DISTRICT CONSISTING OF AN APPROXIMATELY 47-ACRE TRACT OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF I-35 EAST, SOUTH OF WIND RIVER BOULEVARD AND WEST OF UNICORN LAKE BOULEVARD, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT A ATTACHED HERETO AND DEPICTED ON EXHIBIT B ATTACHED HERETO TO BE KNOWN AS THE "UNICORN LAKE OVERLAY DISTRICT"; AMENDING CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE," "SPECIAL PURPOSE AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.8 "UNICORN LAKE OVERLAY DISTRICT"; PROVIDING FOR THE REGULATION OF LAND USES AND DEVELOPMENT STANDARDS FOR THE UNICORN LAKE OVERLAY DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. City of Denton City Council Minutes May 16, 2006 Page 10 Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2006 Action Plan For Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. Council Member Montgomery left the meeting with conflict of interest. Barbara Ross, Community Development Administrator, stated that approval of this resolution would allow the City to submit an application for community development block grant and home investment program funding. The application included recommendations for human services/social service funding, funding for housing CIP projects and public social services improvement projects. No additional comments had been received during the 30-day comment perio . The following resolution was considered: N0. R2006-018 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2006 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council Member Montgomery returned to the meeting. B. The Council considered adoption of an ordinance amending Chapter 2, Article I of the of the Code of Ordinances of the City of Denton by adding Section 2-30 "Improper Disclosure of Confidential Information"; providing a penalty of a fine not to exceed five hundred dollars ($500.00); providing a severability clause; providing for publication; and declaring an effective date. City of Denton City Council Minutes May 16, 2006 Page 11 City Attorney Snyder stated that this ordinance was drafted at the request of the Ethics Committee and dealt with improper disclosure of confidential information. The following ordinance was considered: N0.2006-140 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I OF THE OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING SECTION 2-30 "IMPROPER DISCLOSURE OF CONFIDENTIAL INFORMATION"; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance of the City of Denton, Texas amending the fiscal year 2005-06 Budget and Annual Program of Services of the City of Denton for the Fleet Services Fund to allow for an adjustment of six hundred seventy five thousand dollars ($675,000) to provide for the purchase of fuel and its associated cost, declaring an emergency; and providing an effective date. The following ordinance was considered: N0.2006-141 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE FISCAL YEAR 2005-06 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON FOR THE FLEET SERVICES FUND TO ALLOW FOR AN ADJUSTMENT OF SIX HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($675,000) TO PROVIDE FOR THE PURCHASE OF FUEL AND ITS ASSOCIATED COST, DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance of the City of Denton, Texas amending the fiscal year 2005-06 Budget and Annual Program of Services of the City of Denton for the General Fund to allow for an adjustment of five hundred thousand dollars ($500,000) to provide for the expenditure of funds to cover the increased cost of electricity, declaring an emergency; and providing an effective date. The following ordinance was considered: City of Denton City Council Minutes May 16, 2006 Page 12 N0.2006-142 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE FISCAL YEAR 2005-06 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON FOR THE GENERAL FUND TO ALLOW FOR AN ADJUSTMENT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000) TO PROVIDE FOR THE EXPENDITURE OF FUNDS TO COVER THE INCREASED COST OF ELECTRICITY, DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation to initiate the acquisition of land for transit facilities located in the Downtown area, and in the south part of the city of Denton; declaring an emergency to allow the funding for said project; and providing an effective date. (Land Purchase and Related costs-$1,400,000) Robert Donnelly, 3900 Quail Creek Road, Denton, 76208, submitted a comment card. The following ordinance was considered: N0.2006-143 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION TO INITIATE THE ACQUISITION OF LAND FOR TRANSIT FACILITIES LOCATED IN THE DOWNTOWN AREA, AND IN THE SOUTH PART OF THE CITY OF DENTON; DECLARING AN EMERGENCY TO ALLOW THE FUNDING FOR SAID PROJECT; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance of the City of Denton, Texas, to declare the intent to reimburse expenditures from the Solid Waste Rate Stabilization Reserve funds with the Solid Waste Certifications of Obligation to make capital expenditures to fund solid waste capital projects approved in the 2005-2006 Capital Improvement budget; and declaring an effective date. The Public Utilities Board recommended approval (6-0). The following ordinance was considered: City of Denton City Council Minutes May 16, 2006 Page 13 N0.2006-144 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE SOLID WASTE RATE STABILIZATION RESERVE FUNDS WITH THE SOLID WASTE CERTIFICATIONS OF OBLIGATION TO MAKE CAPITAL EXPENDITURES TO FUND SOLID WASTE CAPITAL PROJECTS APPROVED IN THE 2005-2006 CAPITAL IMPROVEMENT BUDGET; AND DECLARING AN EFFECTIVE DATE. McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance approving a public at-grade railroad crossing agreement between the city of Denton and the Union Pacific Railroad Company (UPRR) covering the construction, maintenance, and use of a new Vintage Parkway at-grade public road crossing at railroad mile post 723.02-Choctaw Subdivision; providing for the permanent closure of certain railroad crossings and providing an effective date. The following ordinance was considered: N0.2006-145 AN ORDINANCE APPROVING A PUBLIC AT-GRADE RAILROAD CROSSING AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNION PACIFIC RAILROAD COMPANY (UPRR) COVERING THE CONSTRUCTION, MAINTENANCE, AND USE OF A NEW VINTAGE PARKWAY AT-GRADE PUBLIC ROAD CROSSING AT RAILROAD MILE POST 723.02-CHOCTAW SUBDIVISION; PROVIDING FOR THE PERMANENT CLOSURE OF CERTAIN RAILROAD CROSSINGS AND PROVIDING AN EFFECTIVE DATE Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas concerning the consent to the creation of a municipal utility district, a fresh water utility district, and/or a water control and improvement district on an approximate 219 acre tract of land located in the city's extraterritorial jurisdiction requested by JNC Partners Denton, LLC; and providing an effective date. The following ordinance was considered: N0.2006-146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT, A FRESH WATER UTILITY DISTRICT, AND/OR A WATER CONTROL City of Denton City Council Minutes May 16, 2006 Page 14 AND IMPROVEMENT DISTRICT ON AN APPROXIMATE 219 ACRE TRACT OF LAND LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION REQUESTED BY JNC PARTNERS DENTON, LLC; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to deny. On roll vote, Heggins "nay", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried with a 6-1 vote. I. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas concerning the consent to the creation of a municipal utility district, a fresh water utility district, and/or a water control and improvement district on an approximate 623 acre tract of land located in the city's extraterritorial jurisdiction requested by White Cake Denton, L.P.; and providing an effective date. The following ordinance was considered: N0.2006-147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONCERNING THE CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT, A FRESH WATER UTILITY DISTRICT, AND/OR A WATER CONTROL AND IMPROVEMENT DISTRICT ON AN APPROXIMATE 623 ACRE TRACT OF LAND LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION REQUESTED BY WHITE CAKE DENTON, L.P.; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to deny. On roll vote, Heggins nay", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried with a 6-1 vote. J. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas providing for, authorizing, and approving the execution by the Interim City Manager of a Power Purchase Agreement by and between City of Denton, Texas and Constellation Energy Commodities Group, Inc., a Delaware Corporation; approving and authorizing the acceptance and approval by the Interim City Manager and City Attorney of a guarantee issued by Constellation Energy Group, Inc., a Delaware Corporation; authorizing and approving the execution of such other related documents, including, without limitation, certificates, assignments, licenses, directions, instruments, and statements by the Interim City Manager or his designee, which are incident or related thereto, as shall be reasonably determined by the City Attorney or his designee; confirming and ratifying that the City of Denton, Texas, its Mayor, its City Council members, its Interim City Manager, and its City Attorney or his designee shall be authorized and empowered to perform such acts and obligations as are reasonably required to consummate this transaction; ratifying all prior actions taken by the City Council in furtherance of the foregoing transactions; and determining that several of said agreements pertain to a "Competitive Electric Matter" as set forth under the City of Denton City Council Minutes May 16, 2006 Page 15 provisions of §§551.086 and 552.133 of the Texas Government Code, as amended; finding and determining that Texas Government Code §252.022(a)(15) applies; adopting significant recitations, findings and conclusions, as are set forth in the preamble of this ordinance; that the purchase of capacity and energy, and other related arrangements made by the City under the terms of this Purchase Power Agreement are in the public welfare; authorizing the expenditure of funds therefor; providing an effective date. Sharon Mays, Director of Electric Utilities, stated that the proposed agreement replaced the existing agreement set to expire in June. Bob Clifton, 730 Wainwright, Denton, 76201 submitted a Comment Card. The following ordinance was considered: No. 2006-148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXECUTION BY THE INTERIM CITY MANAGER OF A POWER PURCHASE AGREEMENT BY AND BETWEEN CITY OF DENTON, TEXAS AND CONSTELLATION ENERGY COMMODITIES GROUP, INC., A DELAWARE CORPORATION; APPROVING AND AUTHORIZING THE ACCEPTANCE AND APPROVAL BY THE INTERIM CITY MANAGER AND CITY ATTORNEY OF A GUARANTEE ISSUED BY CONSTELLATION ENERGY GROUP, INC., A DELAWARE CORPORATION; AUTHORIZING AND APPROVING THE EXECUTION OF SUCH OTHER RELATED DOCUMENTS, INCLUDING, WITHOUT LIMITATION, CERTIFICATES, ASSIGNMENTS, LICENSES, DIRECTIONS, INSTRUMENTS, AND STATEMENTS BY THE INTERIM CITY MANAGER OR HIS DESIGNEE, WHICH ARE INCIDENT OR RELATED THERETO, AS SHALL BE REASONABLY DETERMINED BY THE CITY ATTORNEY OR HIS DESIGNEE; CONFIRMING AND RATIFYING THAT THE CITY OF DENTON, TEXAS, ITS MAYOR, ITS CITY COUNCIL MEMBERS, ITS INTERIM CITY MANAGER, AND ITS CITY ATTORNEY OR HIS DESIGNEE SHALL BE AUTHORIZED AND EMPOWERED TO PERFORM SUCH ACTS AND OBLIGATIONS AS ARE REASONABLY REQUIRED TO CONSUMMATE THIS TRANSACTION; RATIFYING ALL PRIOR ACTIONS TAKEN BY THE CITY COUNCIL IN FURTHERANCE OF THE FOREGOING TRANSACTIONS; AND DETERMINING THAT SEVERAL OF SAID AGREEMENTS PERTAIN TO A "COMPETITIVE ELECTRIC MATTER" AS SET FORTH UNDER THE PROVISIONS OF §§551.086 AND 552.133 OF THE TEXAS GOVERNMENT CODE, AS AMENDED; FINDING AND DETERMINING THAT TEXAS GOVERNMENT CODE §252.022(A)(15) APPLIES; ADOPTING SIGNIFICANT RECITATIONS, FINDINGS AND CONCLUSIONS, AS ARE SET FORTH IN THE PREAMBLE OF THIS ORDINANCE; THAT THE PURCHASE OF CAPACITY AND ENERGY, AND OTHER RELATED ARRANGEMENTS MADE BY THE CITY UNDER THE TERMS OF THIS PURCHASE POWER AGREEMENT ARE IN THE PUBLIC WELFARE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes May 16, 2006 Page 16 Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. K. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Bob Clifton regarding city business. Mr. Clifton indicated that he wanted what was best for the city. He indicated that he would continue to look into the electric system and how the city was financed. B. John Paul Eddy regarding volunteer work for the City. Dr. Eddy stated that he would like a web site for bird flu and emergency evacuation plans. Other areas of concern dealt with Fry Street as a historical site and West Nile virus that could be aired on Channel 26. C. Mike Martinez regarding solicitor permit regulations. Mr. Martinez stated that he had a problem with the 30-day waiting period for a solicitor's permit as it hurt his business. D. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. E. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. F. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present at the meeting. G. Willie Hudspeth regarding neighborhood concerns in Southeast Denton. Mr. Hudspeth expressed his concern about the recent elections and the message it sent to citizens. He again stated his concern for the consent agenda, an African-American firefighter in Denton, trees lost in development, a street crossing at Woodrow and McKinney, and the inability of Hispanics to play soccer in park due to negative payback practices of the City. L. New Business The following item of New Business was suggested by Council for future agendas: City of Denton City Council Minutes May 16, 2006 Page 17 1. Council Member Thomson requested information from the City Manager relative to the new African-American recruit in the Fire Department. M. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Interim City Manager Martin did not have any items for Council. N. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. 0. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:36 p.m. EULINE BROOK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 23, 2006 The City of Denton City Council convened in the Work Session Room on Tuesday, May 23, 2006 at 5:00 p.m. to attend a reception honoring City Council. After determining that a quorum was present, the City Council convened in a Special Called Meeting on Tuesday, May 23, 2006 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. Presentation from the Chamber of Commerce. Marty Rivers, Chamber of Commerce, read a proclamation honoring Euline Brock. 3. The Council considered adoption of an ordinance on first reading to voluntarily annex approximately 3,406 acres into the corporate city limits of the City of Denton, Texas. The property was bounded by Tom Cole Road to the north. FM 2449 bisects the property near the center of the development and John Payne Road is the eastern boundary south of FM 2449. Underwood Drive was on the eastern side of the property north of FM 2449. The property was bounded on the west by H. Lively Road/C. Wolfe Road and extended to the south a distance of approximately 6,500 linear feet from FM 2449. The property to be annexed was generally located in the southwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ). The Planning and Zoning Commission recommended approval (6-0). (A06-0001, Cole Ranch) Brian Lockley, Interim Director of Planning, stated that this was the first reading to voluntarily annex the property known as Cole Ranch. He presented the background information on the annexation and detailed the location of the property. He also reviewed the future land uses of the property. The following ordinance was considered: FIRST READING AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 3,406 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE SOUTHWESTERN AREA OF THE CITY OF DENTON' S EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED WEST OF INTERSTATE 35 WEST, SOUTH OF TOM COLE ROAD, BOUNDED BY TOM COLE ROAD TO THE NORTH, BISECTED BY FM 2449 NEAR THE CENTER OF THE PROPERTY, BOUNDED ON THE EASTERN SIDE BY JOHN PAYNE ROAD SOUTH OF FM 2449, AND UNDERWOOD NORTH OF FM 2449; BEING A PORTION OF THOSE CERTAIN PLATS CALLED IN J. W. KJELLBERG SURVEY, ABSTRACT N0. 1610, THE JAMES MCDONALD SURVEY, ABSTRACT N0.873, THE LW. BYERLY SURVEY, ABSTRACT N0. 1458, THE J. DALTON SURVEY, ABSTRACT N0.353, THE J. A. BURN SURVEY, ABSTRACT N0. 132, THE T. & P. R. R., ABSTRACT N0. 1292, THE A. C. MADDEN SURVEY, ABSTRACT N0.851, THE I. N. HEMBREE SURVEY, ABSTRACT N0. 594, THE J. BACON SURVEY, ABSTRACT N0. 1540, THE WM. NEILL SURVEY, ABSTRACT N0.970, THE B. B. B. & C.R.R. CO. SURVEY, ABSTRACT N0. 176, THE T. E. CARRUTH SURVEY, ABSTRACT 1707, BEING A SURVEY OF PART OF THE City of Denton City Council Minutes May 23, 2006 Page 2 562.8 ACRE "FIRST TRACT", A SURVEY OF THE 798.2 ACRE "SECOND TRACT", A SURVEY OF PART OF THE 640 ACRE "THIRD TRACT" DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED DECEMBER 22, 193 1, RECORDED IN VOLUME 23 8, PAGE 410, A SURVEY OF PART OF THE 415 ACRE TRACT DESCRIBED IN A DEED FROM RUDY COPELAND AND WIFE, MARY A. COPELAND TO M. T. COLE, DATED SEPTEMBER 26,1933, RECORDED IN VOLUME 243, PAGE 572, BOTH DEEDS OF THE DENTON COUNTY DEED RECORDS, THE S. PAINE SURVEY, ABSTRACT N0. 1035, THE M. PAINE SURVEY, ABSTRACT N0. 1036, THE GEORGE WEST SURVEY, ABSTRACT N0. 1393, THE B. B. B. & C.R.R. CO. SURVEY, ABSTRACT N0. 176, THE E.N. OLIVER SURVEY, ABSTRACT N0. 989, THE J. T. EVANS SURVEY, ABSTRACT N0. 411, THE C. MANCHACA SURVEY, ABSTRACT N0. 789, THE G. W. PETTINGALE SURVEY, ABSTRACT N0. 1041, THE J. W. KJELLBERG SURVEY, ABSTRACT N0. 1610, BEING A SURVEY OF PART OF 1.086 ACRE TRACT DESCRIBED IN A DEED FROM MAURINE P. MYERS, ET AL TO M. T. COLE TRUST N0. 1, RECORDED IN VOLUME 1018, PAGE 453, BEING A SURVEY OF PART OF THE 562.8 ACRE "FIRST TRACT" DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED DECEMBER 22, 1931, RECORDED IN VOLUME 238, PAGE 410, A SURVEY OF THE 640 ACRE TRACT DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED JANUARY 4,1935, RECORDED IN VOLUME 250, PAGE 121, A SURVEY OF THE 429 3/4 ACRE TRACT DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T. COLE, DATED MARCH 28,1936, RECORDED IN VOLUME 256, PAGE 285,OF THE LIS PENDENS RECORDS OF DENTON COUNTY, TEXAS; DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0001) Montgomery motioned, Kamp seconded to adopt the ordinance on first reading. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 4. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the Regular Municipal Election to elect two City Council Members to Places 5 and 6 and to elect a Mayor to Place 7 of the City Council of the City of Denton, Texas held in the City of Denton on May 13, 2006; and providing an effective date. City Secretary Walters read the final vote count into the record for each candidate. The following ordinance was considered: N0.2006-149 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION TO ELECT TWO CITY COUNCIL MEMBERS TO PLACES 5 AND 6 AND TO ELECT A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE CITY OF DENTON ON MAY 13, 2006; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNei11 "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 5. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the Special Municipal Election to elect one City Council Member to Place 4 of the City Council of the City of Denton, Texas held in the City of Denton on May 13, 2006; and providing an effective date. City of Denton City Council Minutes May 23, 2006 Page 3 City Secretary Walters read the final vote count into the record for Guy McElroy. The following ordinance was considered: N0.2006-150 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION TO ELECT ONE CITY COUNCIL MEMBER TO PLACE 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE CITY OF DENTON ON MAY 13, 2006; AND PROVIDING AN EFFECTIVE DATE Montgomery motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 6. Oath of Office administered to newly elected Council Members. City Secretary Walters administered the Oath of Office for Bob Montgomery, Place 5; Joe Mulroy, Place 6; Perry McNeill, Mayor; and Guy McElroy, District 4. 7. Election of Mayor Pro Tempore. McElroy motioned, Mulroy seconded to nominate Pete Kamp for Mayor Pro Tem. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 8. Consider approval of Resolutions of Appreciation for Council. Mayor McNeill read a Resolution of Appreciation for Euline Brock. Kamp motioned, Mulroy seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. With no further business, the meeting was adj ourned at 7:10 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 Questions concerning this report may be directed to DEPARTMENT: Fiscal Operations Scott Payne, 349-7836 ACM. Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas authorizing the Risk Manager to execute a Release of Claims on behalf of the City of Denton, Texas regarding a claim against Calvert Paving for damages caused to City of Denton property; and providing an effective date. BACKGROUND On February 22, 2006, a truck and flatbed trailer, operated by Calvert Paving, turned off of Country Club Drive, heading north on Ft. Worth Drive. The load on the trailer was too high and caught the traffic signal light at the intersection of Ft. Worth Drive and Daniels. The truck broke two of the four wooden poles holding up the signal, fatigued the other two poles and caused extensive damage to the controller cabinet, the wiring, the cameras for the video detection system and the Opticom sensors. The total cost of the repair work was $53,946.76. The City performed $32,635.26 of the work and then contracted with Durable to perform the remaining work, at a cost of $21,311.50. The accident was reported to the insurance company for Calvert Paving, EMC Insurance Company. EMC assigned the claim to Joel Dahlvig, an adjuster with Property Claims Services, Inc. EMC allowed for $2,250 in depreciation on the traffic control cabinet assembly and controller, which were installed in April of 1992, and have offered the City $51,696.76 to settle this claim. RECOMMENDATION Based on the age of the equipment, $2,250 is a conservative depreciation amount, which benefits the City. No depreciation was taken on any other components that were damaged. It is staff s recommendation that we accept the $51,696.76 in settlement. FISCAL INFORMATION Funds for this damage will be expended from the Risk Retention Fund in 860002.6550. Proceeds from the settlement will be deposited back into the Risk Retention Fund in 8600.8154. 1 EXHIBITS Attachment 1-Police Report Attachment 2 -Accident Photos (4) Attachment 3 -City Invoice Attachment 4 -Durable Invoice Attachment 5 -Letter and Release Attachment 6 -Ordinance Respectfully submitted: h ■ Y I if ~ f ~ ; I t ~ ~:7~ . Diana G. Ortiz Director of Fiscal Operations 2 T1= ~ ~ G~ ~ ~ . .SAS PBAC~ OFFICER S CRASH REPORT {r~R$-3) (011~1f08}v 1.1 MAC€. T0, CC~ASti REC~RD~, T~~(AS QEPAF~TMENT OF PUBLIC SAFETY, ~0 B~~C4087, Al! TX 18773.03. ~ ~ ~ EATAL`' # CMV 1NVQCVE ❑ ~ ❑ SCHOOL BUS RELATED ❑ RWLRQ►4Q RELATED ❑ I!~EpICAL ADUISOf~Y BOARD ❑ HITAND RLfN ❑ AMENDMENT~SLiPPLEMENT P~.ACE WNERI; 11 CRASH OCG~JRRI~>~ C.OC # ~~~~~J~ 1 ~'AUN1Y DEN~~N crrY OR TQWN DE~T~N CRI # IF CRASH WAS OUTSIDE Cf~Y L1MffS ❑ ❑ ❑ I-I INaICATI= FROM NEAREST TO1N~1 ll~ftLES N S l: W OF DIES # ROAD ON WHICFf COiVSTRUCTt'ON zONE ❑ YES ~ ND SPEED CRASkf OCGIJRRED. FT INO~TH DR 1NORKERS PRESC:NT. ❑ YES 0 NO LIMIT 4~ BLOCK NUMBER STREET QR RQAI] hWME RQUTE NUMBER OR STREET CODE INTERSECTI~Ii3 STREEY C0~l5TRUCTiON ZONE ❑ YES ~ NO SPEED OR Rte WING NUMBER 1D~ DANIEL WORKERS PRESEt+fr ❑ YES ~ NC LIMIT 3O ELOGK NUIU~ER STREET 4R f2DAp !TAME ROt1TE NUMBI=R QR STREET CODE MILE parr LATITUDE ' ❑FT. OF ' NOT AT iNTER5ECT14N ❑ MI, N E W sr'+ow,~~I:POSr oR r~~ESr ~R~ECrr,c NIruBEREa HIGNYIfAY. F LONGITUDE war+E, sHow rr~~rzESr r~r~cTn~ STA~ET OFt ~tfFErZEI~QE POfvr. DATI< QF l)AY OF ~ AM iF EXACTLY NDQN 4R CRASH FEBRlJARY ~2 ~~~6 WEl=K ~ 1~EDNEDAY r~oNT~r--~_..-._~..~...._.-~aYF-~------~~--~---- HOUR --❑.PM. _.MIBNIGHT,SOSTATE•~--~ y . UhMT # 1-Mr]TCR VEiikCLE 4PEDESTRIAN T~IVON~DNTACT 1 2-TRAIN ~TORI~EOCat~I1lEYANCE. ~••DTHER ALTERED ❑ YE& ~PEDALCYCLiST 8-TOWED ~M~AA~~Y~P~N~~~Q~1 VEHICLE HEIGHT ~ NO MODEL _ MAKE ~ V1IHT MACK MODEL 84DY LICENSE . _ NAME STYLE T~ACT~R PLATE D~ T~ ~D~-~3~ YEAR STATE NLrMBER DRIVER'S NAME ~R~BER~N A~.BERT E HA~I~CEYE RD KRUI~ TEXAS 7fi~49 PHO~1 FIl~ST NUMBER ~~Q 4~~"~~~~ ICI ADaR~55 fSTREET. CITY. STATE. ZIPI DRIVER'S 1-VALID 4-GANCELLEDlpEN1ED LICENSE T~ ~~~4~~~] ~ LICE~ISI; 1 2fN07 VAi.ID 5-ElC1'IRED . A G I9 30 STATUS ~si~s~~~ioED11~EV~ED ~-~NKNOwr~ STATE I~Rh~$ER C~JSS~TYFE EI~ORSE>41EMS RESTRICTEa ra DATE OF BrF2T11 IRIVER'S 1 wHITE< a-AS~aN DR~vER'S !C MALE DRIVER'S i~cr~FC~r~D, 2-I"i[5PAN1C_ S~Ti~ER ❑ POLICE, FIREFICsf~TER, PlFa4SE EJfPLA1N EI`HIVICITY 3-BLACI{ SE?( ❑ FEMALE OCCUPATI4iJ TRUIC I~RNER EMS ON EMERGENCY ❑ ~NNARR~4nVE TYPE QF ALCOHOL SPECIMEN TAKEN TYPIi OF DRUG SPECIMEN TAKEN DRI~G ] TEST 1~~EATH 2$LOOD 3-IlR1NE 4-iV01YE FLiSEQ RESI~LTS 1~LODD ~-llR1NE 3-NOHE 4-f~EFUSED ~ RESULTS CATEGORY LESSEE ❑ ~ ~ DINNER o CA~vE~~r pAVI~~ BIDDY AYE L~ DE~TON TExA ~~~a~ NWuIE IALWAYS SHQYY. LESSEE IF L,EASEa. OTIIERWlSI: SHpVtiI OWf~RI Ap0RE55 tSTREE7. CITY. STATE. ZIPI YES LIABlLI'fY ~o ESC UNDERU~RIrER PH#94~-38~-9691 ~ ~E5~472405 INSiJRANCE ~ ~ VEHICLE DAMAGE RATINGS N~~~ ❑ FOP INSlJFL4MCE OOA~iPANY NAME PQLfCY>+~JA~IBER tI+IIT ~ , 1-MINOR VEHxC[.E 4-PEDESTRIAN T-NON~ONTACT AETEREQ ~ YES 2-TR?4IN ~uIOTORIZED CONVEYANCI= ~-OT}iER ~N 5~~~ ~ VEHICLE HEIGHT ❑ 3~!'EQALCYCLIST ~-TQ1NEd ❑ Np MODEL B2 &IU~iE BRN PHEL ~D~L BoDY LICEUSI: NAME TR.AYLER STYLE FLAT BED PLATE ~b TX ~~4-39~ ~ 1~AR STATE I+i.lC4iBER I]RSVER'S ' NAME PHONE LAST - NUMBER FIRST MIDaLE ADDRESS ~5f'r3EET. CfiF. STATE. IrP~ DRIVER'S ]-VALID 4CANCELLEDlD>`NIED LIOENS)t< _ LICENSE ~~IOT VALID . 5-F~CPIRED SLATE NlJwl$ER ~ STATUS 3.5USPENDEDIRI;VOf(ED B-UNKN4NVIJ a-ASSli1'PE , Er+p~ZSSruENTS RESTRIC1~o TD aATE OF ~I~rk DRIVER'S ] WNITE 4ASIAN DRNER'S MALE DRIVER'S ~FCNFCKFD, 2-HISPANIC §.~T}{ER ❑ POLICE, FIREFIGI-ITER, Pf~ISEpCp[.,~11N ETHNICJTY 3-B4~lCK SEA( ❑ FEMALE OCCU~ATIDI~ EMS ON EMERGENCY ❑ iNNARRATIY~ TYPE OF ALCOHOL SPECIMEN TAKEN TYPE OF DRUG SPECIMEN TAitC=N DRUG 1. TEST TEST 1~i~EATH 2~9LODD 3-URINE 4NONE 5-REFUSEp R!~SULTS t~BL00D 2~JRINE 3-NOME 4-REFUSED RESULTS CA~GQRY Z LESSEE ❑ ~ ~ - OWNER ❑x UN~` 1 • NAAdE fALYYAYS SHaW. LESSEE IFt~ASEa. DTNERWSSE ~304Y DWI~ER1 ADDRESS fSTt~EET. CITY, STATE. IIPI ~ YES LIABILITY No SAM E A # 1 INSURANCE ~ VEHICLE DAMAGE RAT]I~C3 N~~V E ❑ ~P 1~15URAIJCE COMPAMf PDUCY NCJl~Br=R DAMAC3lE TO PROPERTY OTHER THAN VI;>~IICLES 7RAFF~ CONTROL DEVICE PALE CITY ~E DENTON - Q ~5 ~ 14~ ~ Oa,rIECT NAA+4E Ar+O AgDf~SS DF OWNER ~ FEET FROl4i C11f29 QA#R,~(3E STiI~A -III YOUR OPitJI~N, Ql~ TINS BRASH REI~~T ilk AT .EAST ~1040.Ia0 DACVCAGE TO ANY 4f~~ P~R50N'S PROPERTY"? ~ YES ❑ NO CHARGES AILED NAME ALBERT R~BER0N CITATION CHARC3E OVERHEY~HT VEHICLE NUMBER 7~~48~ CITATION NAME CHARGE NUMBER o~cl~,s~i Ia~O ~ ~2 B~ 8.~5 AM HqW DISPATCHED ~ MME AFtRNEO DATI~ IDF AT SCENE ~ 5,~~ AM RI=PDRT ~ DATE H041R PATE ~ HOUt TYPED DR PRxNTED REPORT ~ YES NAME DF IN1lESTIc3ATOR DAVID BERNAL ID # 11~ AGENCY DENTON DIST. !AREA l COMPL~E ND J _ _ , S>rAT F'OSSTION SQLICITATkON EJECTED RESTRAINT llSEf] AIF~BAQ HELMET USE 1NJUt3Y,SEVERfT I kR~li LETT 7 •TH1Rl~ SEAT LEFT RTES PEfb41~ DESIRE TD AECENt: {~pMTAlT FROIu4PE'~501+C5 I a+10 I •SHCX.LDER ~ IAP 6E~T T •BC~DSTER SEAT 1 xJ4T AFRLICA$E 1 •VVI~1RiJ•OAI~IAf3ED K •FRC~+IT C~iiER ~ -THIRD SEAT ~hli~R SEEKNG F1~FENAI Elu~LO'i~IENTA3+FOR N+1 ATT()F.1+EY, 2 •YES ~ •SHDt]LGER $8-T 014lLY 9 -NOr~E 2 ~IDT DEFLDYEG 2 •WOAr~•rJOT GAf~AGE[! A -~dC~WWCIT►IT NdG IN.A1R'~ ~ ~OFIr RI{Y••ff $ •THIRD SEAT I~IC#{f Ct'~~OPR,4Ci0R ~'S~1+e►+4 ~ PI~vATE NI~SiIGAT~ 3.4E5. RARTiA[ 3 aJIP BEtT C~hLY 9 •QT1iErR 3 •aEFtUfEG, F ~ •YyORN-U~(bA~I~IGE B ~~Or~l ING4PA~CITATV~Ia a •SI~~~ SEaT LEFT t1} fiARCrJ AREA aR PNY OTF~ FfhpN Ff~TEI~DOF Uf~NSEO E~ nFEACT}I d.NOT ¢PPLI~~I.E ; •C~rLD SERI. FACWG FDRWARG 10 .UJ~1V~hril 5-0E>]144YED. G 1; ~•LNV~iF WARN N •N4T It~I,RED 5 ~ECC~n[ti SAT ~~fER ~ ii .fx{iSIpE VEI~CLE ~.~FIE FEGI.CJIT4R1'1V~NC1'. 5 -LJrJQWN 5 SEAT, FACWG RERR ~ ~'Y~r+IQ ~•E:AT RIGNi I~ •UN'~1QWN (Y = 50LIGT ra = ~ SOLICII7 B •[T•IN.D SEAi, llf~t B •L,NVJaYY~+I U 11r~x.A►+~ Ul~lrt# TOWEQ DIJE TD ~ Y~5 V>=1~lICLE DAR 1 ' oISAaL~r~~ oAI~AGE ❑Q rva REMQVED TO DRIVE~1 AIIUAY eY SEAT QOMFLrrTE ALL aATA oN al>< OCCIIPAi+~S~ NAlur;=s, POSir~ONS, RES'i'RAJNTS u~a, ETC. FiESTR~UNC AIRe~aG NELI~~ A~3E 5FJ[ IALII.rRY TEl41 POSC[`IQ HOWEVER, R ~ NOT NECESSARY TO SHOW ADaRESSES UNLESS I(ILL.ED ~ INJLrR,EQ. 5OL EJECTS l!$E~ CODE N NAME LAST FIRST F~SI ADRRESS ~ i ROBERDN, ALBERT G~4~ E HAVIfl~EYE RD KRUI~ TD~A~ 7249 N 1 ~ ~ ~ g 75 M N a ~ _ urrlT # TOINEQ DUE TQ ~ YES VEHICLE UNIT f ~ D15ABL.lNG DAMAGE ❑x NO I:iEMOVEQ TQ TOWED BY SEAT COiNF'LETE AI.L BATA ON ALL OCGI1PAJd1'S' NAhIES, pQ51TIONS, RESTRAINTS LISEO, ETC. IN,NRY T>Nl F'OSITiO 4iQWFVEii, ff IS NOT NECE55ARY TO S>iCW Ap~RESSES Ub1E531(ILt_EC] OR INJUI~a. 3CrL EJE RESIRAINf NRBAQ HELMET AGE SEA{ USER OOOE N NAAdE LAST FIRST r~l ~ ADDRESS Iw} iN,iuRY PEa-, PEDAL., GpMPLETE lF CASUALTIES NOT IN 1u1O7OR VEHICLE 5OL SREC3h1EN FR68ULT SPrrCII~EN RE811Li FEI<hAr=T AO€ SE% COaE I~DT.OCd+1+►EY, ;RISEN TAi4EN ` ETD. CA5~3ALTY f~IR1urE FIRST ~1 Ai~DRESS Q{SP~Sf1~ON CF !GILLED CF2 INJ~lRER IF AMBULANCE UI~D, SHAW iTE~1 # TAKEN TO BY TIME Tlh~>~ ARRIVED At4181~AI~iCE # ATT>=ND~kN'TS ~ ~ Aw~S N4T1FIED ATSCEFkE LNiT~ INC. DRIVER TRAt~SPC~TE[~FE#~ TRFJkTA#M C~MPI..ETE THIS SEGTICN IF PERCN KILLED 11~M ~ ~ DATE OF aEA7H TIME OFDEATH ~M ~ ~ DAT7: QF Di=ATFt T11~IE Of aEAT?i fTE~I # ~ DATE of aFATH ~ TIME CF pEATkI ITEM # GATE OF aF.~4TH TIME OF DEATK I ~ I ~ I ~ ~ 1 . INVESTIGATOR'S NARRATIVE 4PIMGN QF WHAT HAPPENED (ATFACK ADD4TkDNAL SHEITTS iF NE~ESAFtY} QUICRAM i -Tw0•WAr,~ro"TON1aED 2 - TWD•I~A~I, aNOEQ, UNPROTEGTE'D r~E~Uw[ UNIT 1 WAS TOW~~V U~~ U~~ ~ LEFT CALVER'T PA1~N, ~ INDICATE 1 ~-7►ti►4WhY,onroEO,r~toT~TEQ1tiER NORTH ~ • oNE wAr BIDDY BYE LN, DEi~TON T~XA~ IN ROUTE TO FULTON SUPPLY ON FT 9.U1~10 WORTH DR. Ui~TT 2 HAD AN OVER HEIGHT LOAD OF f~FT. 6IN. WHEi~ UNIT ~ GOT TO THE INTERSECTION DF 18~~ Fi` WORTH DRAT 1~D DANIELS THE OVER HF~~HT LOAD OE UNIT ~ CAUGHT ON THE OVERHEAD TRAFFIC CONTROL DEVICE. 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LRf~IPS PART ~F ROADWAY ROADWAY ALIc~NMBhCT LIG3HT CQND~'ION ~ •~+iM.ED T4 DRIVE ~ S>fJGLE LAhIE gad ~ARr~ MO Fl~l-ED TQ SE7 EKES ~ -0EFEfirIVE CR Nt] TNAILER f~AI~fS 1 STRAI(~•IT. LEI+~ 7.OTF~C 1 ~+'44L1 9 -0fif R ~d •FAILE31 T4 GNE 1~RLF OF fI4ADWAY 55 .QARI~ED PV TFAFFIC lAl•Ic IO.OEf~T NE OR NO vEl--eCLf BRA7~S 1 •MAN LF>~ 2 $TRAk~fi, C B 104Yh1 ~ •OAF~ NOT L1G1-iiED 9 ~'1~i1+lpVVta '~5 •FAMED T(1 ~ WJWt~IIJ(3 SIGN 56 ~ARI+~'~VIiF14IJT LK~iTS 11-0EFECTIVI< OR ND ST~tIhIG f 2 SfRVILR_ AOAQ 3.$TRRI(I4•if. HILLCREST 3 •tIARIC LIQTCED ~ ~AlLEG T4 PAS& T[~ LE3`T SAF~Y 5T •PR&SEG Fl ND PItiS$IrJQ 20h~ 1~ ~EFECTIYE OR SLICJ(TIRE~ 3 RAAfiI} # ~ LEA 4.aARIC Lfiit(Li(~-I>'IN0 L7 •F AILED TO PROS T[7 R I~ SRFEiY `A •FASSEq Uld R IOH{ SWOL~aER i . 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CIA 3d •FAILEU TQ Y1$Li Rf]Yl ORNATE DRF~ •Tl~t~lE~ II~PRI]PERL`F -4YRpfJ[3 LAIC 2 •fi~ 6 ~Tlf_R ''•RAlhl 9 •CT1-~ 2 •WEi E •Oik#t d=am TO Y Ip.G ROY •fiYOR Sid EB •1 WF~N llNSJ+FE ~ ~f(~ t ~I+~IGWid 3 -SLEEi~•fAIL 9 ~IQJ~7VVI~ 3 STA~DG+rG YYAi`f.R ~ ;~.~All1:{1 Tt~ `~~ELI~ ROW 1O P1~GESTRIA~1 67 R IPFS_~+1 • ALf~HGL d y(~;p,1~ ~ ' { ~ ~ ~ ,3 * -Fr.rLED T4~ YiEI[~ RQYY -TL~IiNG LEFT •L~~ER 1r~L~ • C%~L~G 5 FOG 5 .SLLlSIi .Frilf;[1 Tl~ Y11:1U R{aW •Tt~RN 171'1 RECD E~ •1~~R[~hlG Sl[lE •+6flFFtCrnCFI OR IN IhlTERSECTiDh! ~ -~pY~TICi CAPa0lSr•Ir3Yif 8 .s., r,. rr.rr~ •nd r, ~nv~ viCi fi Clued m.Y~rIMCI SC't d•lCli PAS51h1<3 I " -r PmL cu 1 v h IL,,LL- Fl - "T - ~ -6A.W ~y f r/~~} r . ~ } OOMI~ERCIAL MOTORVEHECLEUPPLE~IENTTDTHETE~CA PEACE OFFICER'ACC~DENT REPORT v1.2 -ACCIDENT INFORAIIATiOH COUNTY DENTIN CITY OR TOWN ~ENT~N LOC. NO. ~~0025~7 ROADDNVIlHiCH ACCIDENT OCCURRED FT IN~RTH I~ NOTWRITE IN THIS Bock Na, Street or Road fame Rt. No. SPACE 0 cif exa~tEy t~oa~ ar 4. DATE OF ACCIDENT HOUR $.~4~ ~ PM midnight, so state} MC N0. DRIVER INFORA~ATION NAME ALBERT R~BERDN 7. DRIVER LICENSE D~~4~377 State Number s. RESTRICTIONS A s. ENDORSEMENTS aR~VER'S DOB OG~19~30 caL ~ YES ~ ND CARRIER INFORMATION ~ 1, VEI-HOLE OPERATION ~ INTERSTATE COMMEROE ~ INTRASTATE COI~ERCE ~ I~OT [N ~DMNiERCE ~ CARRIER'S CORPORATE NAME ALBERT PAV~NC CARRIER'S PRIMARY ADDRESS SSG B~~DY $YE LN 14. GABBIER ID TYPE: ~ 1CC ~ LlS DOT ~ TOOT ~ OTHER ~ NONE ~ 5. CARRIER ID NO. 005 11~~~~ MOTOR VEHICLE iNi=ORMATiON 47. LICENSE PLATE TX ~ ~DK-~32 99, TOTAL NUMBER OF AXLES Year Mate Number 18. dross Vehicle Wei ht Ratirr G g ~ [ VWR} ~ ~0. TOTAL NUMBER OF TIRES ~G. UNIT NUMBER ON ST-3 Registered Gross Vehicle 1Neight ~ROV1N} ~ $Q~~~ VEHICLE TYi~E ~ - PASS~NGEF~ CAR ONLY IF VEWICLE a1SPLAYS HM PLACARDS} ~ -TRUCK TRAILER ~ -LIGHT TRUCK ONLY fE VEHICLE DISPLAYS HM PLACARDS} 8 - TRUCK TRACT.OR~~ BOBTAIL} ~ 3 -BUS SEATS FOR 9-1~ PEOPLE, INCLUDING DRIVER} 9 - TRACTORISEMITRAILER 4 -BUS SEATS FOR X15 PEOPLE, INCLUDING DRIVER) - TRACTORIDOUBLE TRAILER ~ - 1NGLE UNIT TRUC~C AXLES, ~ TIRES ~ ~ - TRACTOR1TRiPLE TRAILER 6 - ~1NGLE UNIT TRUC~C ~3 OR MORE AXLES} 99 -UNKNOWN HEAVY TRUCK OVER 4~,40~ LBS CAN N OT CLASS I FY GARGO BODY TYPE 1-BUS (SEATS FOR ~-1 ~ PEOPLE, INCLUDING DRIVERS 7 -CONCRETE MIXER ~ - BUS SEATS FOR ~ PEOPLE, INCLUDING URiVER~ 8 -AUTO TRANSPORTER 1~ ~ - VANJENCLOSED Box ~ - GARBAG~RE[=USE 4 -CARGO TANK 1D ~ GRA1N, CHIPSr GRAVEL ~ -FLATBED ~ 11 -POLE ~ -DUMP ~2 -NOT APPLICABLE 2. HAZARDOUS MATERIAL TRANSPORTING HAZARDOUS i~1lATERIAL ~ YES ~ NO GLASS ~ ID NO. ~ ~ HAZARDOUS MATERIALS RELEASED CLASS 1D NO. 3, GLASS ID NO. ~ YES ~ ISO TRAILER NUMBER ~ [NPORMATi01~ ~4. LICENSE PIrATE TX ~~4-~~~ Year Mate Number TRAILER TYPE ~ -FULL TRAILER 25. Gross Vehicle Weight Rating CV1NR ~ 2 -SEMI-TRAILER Registered dross Vehicie Weight RGVW ~ 73~OD ~ 3 -POLE-TRAILER TRAILER N~IMBER 2 INFORMATION 2~. LICENSE PLATE Year Sate Number TRA[LER TYPE ~ -FULL TRAILER 27. Gross 1lehicle ~111eigl~t Rating GV1NR ~ 2 -SEMI-TRAILER Registered dross Vehicle 1Neig[~t RGVW ~ 3 ~ POLE-TRAP LER 2S. SIGNATURE ~ ~ DENTIN DATE THIS SUPPLEMENT MADE D6 ~ ~ Peron Completing Supp~emer~t apartment City of Denton Invoice No. 801 Texas Street Denton ,Texas 76209 940-349-8462 fax 940-349-7307 INVOICE - Customer Name Date 3/6/2006 Address Order No. City State ZIP Rep Phone FOB Qty Description Unit Price TOTAL 6 3-SECTION SIGNAL HEADS $110.00 $660.00 1 CABINET ASSEMBLY $6,938.20 $6,938.20 1 ECONOLITE CONTROLLER $2,100.00 $2,100.00 1 HARNESS FOR CONTROLLER $54.00 $54.00 1 3 CAMERA VIDEO DETECTION SYSTEM $16,385.00 $16,385.00 18 LED LENSES $120.00 $2,160.00 1 OPTICOM 722 (PREEMPTION) $579.00 $579.00 1 OPTICOM DETECTOR (PREEMPTION) $1,675.00 $1,675.00 120 OPTICOM CABLE $0.44 $52.80 1 EDI SIGNAL MONITOR $588.00 $588.00 1 TRAFFIC COSTS EQUIP/LABOR. RESPONSE-CLEANUP $711.50 $711.50 1 STREET COSTS EQUIP/LABOR. RESPONSE-CLEANUP $731.76 $731.76 SubTotal $32,635.26 Payment Details Shipping & Handling $0.00 ~ Check TOTAL $32,635.26 Name PO # Office Use Only Check # Please make check payable to: City of Denton Traffic Control 801 Texas Street Denton Tx 76209 Thank you for your business. pHooo 0 00000000000000 000000 0 0 ~~o~no 0 00000000000000 000000 ~ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . 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Op w a H~ ~ W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p aj W W UO ZVo~n~n o o~nooooo0000000 000000 WHO W Q~ O M O O N N O O N ~ O O N N M O O O f~ X 0 0 0 Z Z Q U 7 a a 0 O ~ 0 0 N ~ O O O ~ W O O O N ~ M M~ N ~ N C O Q~ J ~ ~ ~ ~ N W ~ ~ ? a Qa0 0~ ~}a~~ a a~ as a~ as ~~~aaa NHWILIL W W~ WW WJ WW JJJWWW ~ W~ 0 0 0 M ~ O ~ ~ O~ N N ~0 0 0 tD ~ ~ ~ 0 0 O ~ ~ M M a N N N Z O Z w 0 ~z a~ U U ~ Z ~ a a ~ o Z ~ W Y pip ~ ~ ~ Z Z U J ~ J~ J~ 0 m ~m O W U U ~ W~ a~ U °o O U p W Z J ~ W o ~ Z Z J Z J ~ m J > ~ o a~ J~ Z O z= a a o ~ roam ~zz c~ z ~ ~ ~ ~ z~~~~zo~?~Jc?o ~o~a J ~ a » z ~ o~Q~o~z~amw~ o ~ ~ W Z W W Z U Z O U a~~ ~ Z W m ~ ~ _U Z N h ~ o 0 0 ~ W m~~ j U a Z O~ ~ 0> W ~ z~N ~ ~o0 0 ow~,zo>z~a o~~~ p OWa Z ~ ~ ~~c~~O~Jaz~zWJ Ow~~ Q ~Z>( O Z~UU Z-Z aJ WWW~ N W ZZW y~l~ Qa(!)(A~ ~ a~WW~maZO(n~~(~ ~~~UcnJa WYH Jc~o cA c~~ac~~-~~~UmZ~W WWWr~c~aH ~~z ~~cvM~W~WCno o>~cno~~a~n~ ~z a J J J J J~ J J Z J J J J J J ~ p X 0 0 ~ J J J Z Z J J ~ J J~ J J J J J J Q~~ ~ Q °w~ ~MM UaaaQ~Q~aa~oaaoaaaaaa w~~zZ~O } Z O N ~ ~ ~ ~ } ~ } ~ ~ ~ W ~ ~ J ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ W U ~ ~ ~ W U~~ W Z Z Z~]~~ Z Z~~ Z Z~ Z Z Z Z Z Z Q J N Y UNQ NC~G~ D---(AC~(AU~ --O>--m------ QMNILILWD U ~ ~ W H ~ Q ~ ~ O O M M ~ ltd tD I~ 00 In O M In M~ Q ~ M M M ~ ~ (D cD cD cD cD tD I~ f~ a0 0~ O O D ~ Y W P~r~ ~ ~~~r~ ~rvie Inc. ~ ~ 13~~~ midway Raad, Smote ~ ~lallas, Tomas 7~~44 (97~~ ~~I^1535 * fax (97~} 458-~7~~ ~~ma~I: pc~p€exas.r~et scoff. payne~a. c~ty~fd~nton .cam May ~ 8, ~~afi Dear Mr, Payne: As dtcussed~ t am forwarding a Release of All Claims vuhicb needs tv be signed, notarized, and returned to me by fax ar ~r~aiJ'. if yon prete~ fax, my fax number is 9~~,458.~~. Upon receipt of the executed Release, it will be forwarded tv AMC insurance vr~panies, and payment will promptly be sent to the atldress provided io your email of May ~ 6, ~~0~. if you have any questions, please do not hesitate to contact me, athe~wise, l apprec4ate your assis~nce in this matter. Sincerely, JveJ Dahlvig, Adjuster cc: EMC lr~surance Car~panies JD~mh s;l~alvert.wpd ~r~p~~ doss p ~ia~isr i lie I of DentDrl in consRderatiar~ of the payment of Fift -one Yl~ousar~d fix l~un~red Nine ~ix end /f~~ rf~.~~..~+~~r.r~~~r~~~..~rrr..1~~~~r~r+rMM~..~ ~~1~~~~ ~1~ ~ ~V~~.~~ - - r. hereby release and forever discharge Calved Pavfn Car oration Ed Calvert Albert Roberson and ESC Insurance Com ar~ies frem any and all claims whatsoever arising from an accident, cccurrenca or lass on or about l=ebrua ~OD~ at or near ~ 800 Fork yllorkh give Daniels #r~„ _ Denton, TIC ft is expressly agreed that this release and payment of said sum is not to be construed as an admission of liabirity. his is a full and final release ar~d satlstactian of all claims. 5fgned thl~ day of ~ Witness. State of ~ S County of ~ ~n thl day of , ~n personally appeared to nee personalty known #o be tha signer} of tl~e above release and acknowledged that voluntarily executed this release for the uses and purposes therein set forth. ~Alr Notary Pc~bllc i liVIJR~D: Carvert Paving Construct~o~ CIAI~IANT; tty a~ Denton LD DATA; a2~~2~~0~~ P FI!_~ NO,: ~1 B~1 L~~~ ~JN~ARY Lgss dim R~p~ace Sigr~a~sl~~a~pment at Far!` ~Varth Ave, ~ D~nie! fit. ire Dentan, T~ loss as determined: l~atenal Ca~tl~rnergency Ciean U~ City of Dentan $3~,fi~5.2B ~liscallan~ou Mate~falsfLabar to Jnstalt Qare~ie ~peo~aity Z~ 3~5Q Cost of Repairs ~3,94fi.1~ $~3,94~.~~ Nanrecaverable Deprec~et~o~: Cabinet Assernblylontroller ~ ~~O~Oa Actual Cash Value Claim 5~,~9~.7fi lass ~ C~~ir~n $5~,~~G.7G ~S~,B~6.7fi PR4P~RTY CLAiM ERViC~, iNC. Jae! Dai~ivig, A~Juster ,~D~rnh :lcaivert.xls i t S;lOnr Ilocudnentsl~t`diriancesl0~lca~vert rtlease_~oc ~RDINANE N~. AN ORDINANCE A~'H~RI~IlVC~ THE RISK MANAGER T~ ECUTE A RELEASE OF CLAIMS ON BEHALF OF THE CITY ~F DENTON, TEAS REARI7IN ~ CLAIM AGAINST AL~TERT PA"~7NO FOR DAMA~rE A~JSED T~ TTY OF DENTON PROP ERTY; AND PROVIDIN~r AN EFFETNE DATE. THE O~UN~L OF THE CITY OF DENTON, TEAS HEREBY ORDAINS: SET~ON 1. The Risk Manager is hereby authorised to execute ~ release of claims on behalf of the pity of Denton regarding a claim against alver~ Paving for damage to pity owned property, SECTION This ordinance shalt hecon~e effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2~~~. PERKY cNEILL, MAYOR ATTEST. JENNIFER wALTER.S, CITY SECRETARY BY: APPROVED AS T~ LEGAL FARM: EDWIN ..DER, CITY AT ~ y _~ww - i AGENDA INFORMATION SHEET AGENDA DATE: June 6th, 2006 DEPARTMENT: Utility Administration CM: Howard Martin, 349-8232 ~ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Booth, Ahrens & Werkenthin, P.C., a Texas Professional Corporation. for services pertaining to the protection of the City's important water interests, state regulatory matters, and other related matters; authorizing the expenditure of funds therefor; providing for retroactive approval of the agreement; and providing an effective date. (The Public Utilities Board recommends approval 5-0.) BACKGROUND Water rights issues in Texas are becoming increasingly more complex and water related legislative issues would continue to be a major part of the legislative agenda this session. Booth, Ahrens & Werkenthin, P.C. (BAW) has provided legal services to the City of Denton on water rights issues in the past and is familiar with our existing water rights and water supply contracts with Dallas and the UTRWD. They are recognized experts in this area and do not have existing client relationships that could result in a conflict of interest in representing the City of Denton in water rights issues. BAW is located in Austin and has frequent access to and involvement with the TCEQ staff. This provides a distinct advantage to the City of Denton since they can obtain and distribute information and file records quickly and efficiently. Expanding water supplies in Texas is a maj or legal and administratively complex challenge for all parties involved. One area that has evolved over the past several years relates to the water appropriation rights for wastewater discharges. Over that past few years, many cities and water supply agencies have attempted to claim ownership of wastewater plant discharges and have applied for water appropriation rights to the TCEQ based upon their claim of ownership of these wastewater discharges. The proposed agreement would provide for timely legal advice and representation on water permit applications filed by other entities through the TCEQ that might encroach or conflict with water rights held by the City of Denton in Lake Lewisville and Lake Ray Roberts. Once a water right permit application has been declared administratively complete by the TCEQ, the City of Denton would receive written notice and would have a 30 day time limit to respond if it wanted to protest the application and/or request a public hearing. Staff and BAW have identified the following items as areas where professional services would be required during the FY 2005 time period: General Scope of Services would include representing the City in matters related to its water rights, water supply and water system, as well as general services related to legislative and regulatory matters affecting those rights, supply and services. 1 Specifically, we have also identified the following continuing matters: • Denton's protest of TRA reuses application. (This matter will involve either working with TRA to resolve potential issues and withdrawing the protest, or pursuing contested case.) • Denton's interests related to Dallas' and Irving's pending reuse applications. Denton has protested Dallas' application and we will need to negotiate and withdraw that protest or pursue it. • Possible renegotiation of Dallas contracts. • Possible Denton application for reuse. • Monitor TCEQ and TWDB activities related to water conservation and water reuse rule making and policy development. • Monitor environmental-flow application issues that threaten supply in the Trinity River Basin, including Galveston Bay application. • Monitoring and reporting on legal and regulatory developments that affect the City's water interests. • This could also include legal representation for Denton on any other water, service, or environmental issues that may arise. The proposed agreement would provide water related legal services and regulatory update information over the next twelve months. The fees would be based upon an hourly cost plus direct expense. There is no retainer and billing would only be for services requested and rendered. The proposed agreement recommended by staff would have a maximum cap amount of $ 42,000 and any additional expenditure would need to be presented to the Public Utilities Board (PUB) and City Council (CC) for review and approval. Staff feels that this would not be needed over the next twelve months unless we had to request a contested case hearing on water rights permit applications. If this occurred, the proposed agreement would provide for initial representation during a critical time period and allow ample time to advise the PUB and CC on the specific issues and obtain authorization for additional funding before significant funds were dedicated towards this effort. The not to exceed amount of $ 42,000 was based upon the estimated legal services projected for the next twelve months and gave consideration to the fact this was not a year the legislature was in session. In addition, the water reuse permit application by the Upper Trinity Regional Water District for Lake Chapman water supply that was protested by both the cities of Denton and the cities of Dallas has been resolved. The UTRWD has revised their permit application and both cities have formally withdrawn their protests. The TCEQ has also issued the reuse permit to the UTRWD. Legal support services from BAW for this specific issue were handled under a separate agreement that was authorized administratively by the city manager with a $22,000 not to exceed amount. OPTIONS 1. Approve the professional services proposal for the legal representation requested by staff as submitted. 2. Recommend desired changes to the proposal for consideration by staff and request renegotiations with Booth, Ahrens & Werkinthin, P.C. 3 . Rej ect the agreement and attempt to perform this work with City legal staff. 4. Cease to participate in TNRCC water rights permit applications that impact the City of Denton. RECOMMENDATIONS Staff recommends approval of the professional services proposal as negotiated by staff and submitted by Booth, Ahrens &Werkinthin, P.C. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board and City Council previously approved three PSA agreements with BAW on the flowing dates for the following amounts: PUB Approval City Council Approval Not to Exceed Amount June 17, 2002 July 16, 2002 $ 50,000 January 12, 2004 February 17, 2004 $ 50,000 March 28, 2005 April 19, 2005 $ 55,000 The funds from this last fiscal year contract have now been exhausted and the proposed PSA should cover anticipated expenses through the remainder of FY 2006 and part of FY 2007. This item was presented to the Public Utilities Board at their May 22nd, 2006 regular meeting. The Public Utilities Board recommends approval 5-0. FISCAL INFORMATION The Water Administration Division has existing funds available in the FY 2006 0 & M Budget to cover the proposed agreement. EXHIBITS 1. Ordinance 2. Proposed PSA agreement with BAW. 3. PUB Minutes Respectfully submitted: Jim Coulter Director of Water/Wastewater Utilities Prepared by: ~ - ~5 Timothy S. Fisher, P.E. Assistant Director of Water Utilities ORDINANCE N0.2006- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF BOOTH, AHRENS & WERKENTHIN, P.C., A TEXAS PROFESSIONAL CORPORATION. FOR SERVICES PERTAINING TO THE PROTECTION OF THE CITY'S IMPORTANT WATER INTERESTS, STATE REGULATORY MATTERS, AND OTHER RELATED MATTERS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and appropriate and in the public interest to engage the Law Firm of Booth, Ahrens & Werkenthin, P.C., a Texas Professional Corporation ("BAW"), of Austin, Texas, to provide professional legal services pertaining to representation of the City of Denton, Texas relating to the protection of the city's important water interests, state regulatory matters, pre-legislative matters, and other related matters; and WHEREAS, the City has previously retained the professional legal services of BAW on several occasions BAW has operated under previous Agreements for Professional Legal Services, approved by the Council, and signed by the City Manager, regarding water-related issues, which have demonstrated BAW's expertise of relevant issues concerning water rights; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the hereinabove described professional services by Denton Municipal Utilities, and that limited City staff cannot adequately perform the specialized legal services and tasks, which are wholly centered in Austin, Texas, with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that BAW is appropriately qualified under these provisions of the law, to be retained as outside legal counsel for the City, specifically Denton Municipal Utilities, respecting this engagement; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional legal services, as set forth in the Agreement for Professional Legal Services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the recitations in the preamble are true and correct and are incorporated herewith as a part of this Ordinance. 1 Exhibit 1 SECTION 2: That the City Manager is hereby authorized to execute an Agreement for Professional Legal Services with the Law Firm of Booth, Ahrens & Werkenthin, P.C., Austin, Texas for professional legal services pertaining to the matters hereinabove described, in an amount not to exceed $42,000, in substantially the form of the Agreement for Professional Legal Services attached hereto and incorporated herewith by reference. SECTION 3: That the award of this Agreement is on the basis of the demonstrated competence and qualifications of the law firm of BAW, and the ability of BAW, to perform the professional legal services needed by the City for a fair and reasonable price. SECTION 4: That the expenditure of funds as provided for in the attached Agreement for Professional Legal Services is hereby authorized. SECTION 5 That as to the payment of fees and expenses, and authority to represent the city, the Agreement for Professional Legal Services is hereby ratified and retroactively approved, and shall be effective from and after January 1, 2006. SECTION 6: That except as provided in Section 5 hereinabove, this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: 2 STATE ~F TES ~ SIT P~1' E~AI.1 I~~,:IL E~tI~ 'HIS ~E~11~~NT, made ~ entered into this of ~ , effective as of January I, ~00~, by and between B~~'p~ AS~C~ATE, F.C. d,b.a, ~~~TI~, AXIS 8~ wE~ITHII~, P.,, a Texas Professional Corporation thereinafter "Consultant"}, with Michael r~ booth, President, having full authority to execute this 1~greernent on behalf of the p`irrn, 51 Congress avenue, Suite 1 S 15, Austin, Texas ~~701; and e CITY gyp` DEI~T~~1, 'TEAS, ~ Texas Municipal orparation, ~ l East lcinney Street, ~ entona Texas 7~~1 ~lcreinafter iii'}, with ~h~AF ,City Manager, l~a~ing full authority to execute this Agreement on behalf of the City, wITET~I: wHE~A, the City deems it necessary and in the public Merest to employ legal counsel to continue to provide professional legal services to the City with respect to protection of the City's irnpornt water interests through: ~l}monitoring and reporting regarding legislative developments that affect the City's water interests; monitoring and reporting on legal} regulatory, and indusfry developrrzents fat affect the City's water interests; {3~ genera} evaluation of water rights applications filed with the Texas Commission on Envix~aental duality ~"TCE"} that may affect the City and ~4~ such other general water, service ar environmental issues that rr~ay arisex m which Consultant does not have a ce~f liet of interest; and wH~A, the City contemplates that legal research a~sigtuuents and orl~ related to the analysis, preparation, ding, and prosecution of any applications on behalf of the City or of any protests or interventions by the pity will be performed under a separate Professional Services Agreement as may be directed in the futare by the City; and w~IERES, the consultant is willing to perform such legal services in a professional maser as an independent contractor; and has competently and efficiently performed services for the City in the past in connection with its earlier engagements; and the City has selected Consultant on the basis of demonstrated competence and ~ualif~eations necessary to perform the needed services; and WHEREAS, the City desires to engage the Consultant once again to reader the professional services in connection herewith, for the fees set forth Section III hereof; and the Consultant is willing to provide such services; i~, TIEP~, in consideration of the pxomises and mutual obligatiar~s herein, the City and Consultant do hereby mutually A~iR~E as follows, to wit: Page l Exhibit 2 I. Ica a of er~ccs: The onltant shall perform the follo~ving services ~ professional manner orirrg as an independent contractor not under the direct supervision and control of the pity: A. Services to be provided: l , onsultt shall represent the pity regarding those professional services speci~ieally described in the first "witnesseth„ paragraph set forth on page 1 hereof and chosen b the Assistant pity Manager of Utilities, or his designees. ~t is recogt~i~ed that it is unl~nown at the present, how much time and professional effort gill necessarily be upended on the above-described items. To consult with the Assistant pity Manager for Utilities, the Director of 'Water Utilities, the Assistant Director of water Utilities, the Assistant pity Attorney for t]~lities~ andlor other designated administrative personnel or staff regarding any and all aspects of the professional services to be performed This will include co0rd~lating aCtlVltl~~ 1th the A~Sls~~n~ Director of w~.t~r Utllltle~, ~e 1~sslstant pity 1~ttorney for Utilities and their respective staff to efficiently perform the services rewired and to preserve tree Attorneyl~lient privilege, v~orl~ product, and all other applicable exception to the discovery or disclosure of documents produced by the ~it~r and the nsultant under the Scope of Services hereinabove. B. The consultant shall perform all the services required b this Agreement in a tirrYely fashion, and shall complete them in compliance with schedules established by the pity through its Assistant pity 1~Ianager of Utilities a. appropriate, to carry out the terms and conditions of thi s Agreement ~'e~rmr•., This Agreerr~ent shall be approved a re~oactively effective as of January 1, This Agreement shall tern~nate either upon the completion of the professional services provided for herein; or upon the exhaustion of all professional fees provided for hereunder or on December ~ i, X006, whichever event shall first occ~`. This Agreement mad be sooner terrr~inated in accordance with the provision hereof. Tune is of the essence of this Agreement, onsul.nt shall male all reasonable efforts to complete ~e ser~rices set forth herein as expeditiously as ossible Burin the terra of this Agreements and to meet the scr~edules established bar the xty~ + + a r + ~ through its Assistant qty ll~anagcr of Ut~htzes, or hrs desrgnee. page ~ Coax ensa~on and lVlethod of ~a ent; A. The Consultant shall charge the following fees far i professional serves provided the City hereunder, bash upon the f allowing hourly billing rate far the attorneys and support staff involved in this matter: Staff ~ourl date Michael booth aralyn Ahrens, ~f Counsel ~ wll Calloway, Assoalate The Consultant has adopted a fee structure ranging tom to $~5~ per chargeable hats, depending upon the individual involved and his or her level of ~xperienee and expertise. ~`roxn ti~ne~to-tirrie, the Consultant may assign other atta~eys to same aspect of the ease, with the view that Consultant will use the lowest hourly rate qualified and available arney for any particular matter. The Consultant also utali~es briefing clerks or legal assistants to perform those tasks not ruiring the tirr~e of an attorney. briefing clerks andlar legal assistants tune is billed at the reasonable rates, depending upon the experience and level of edr~ca~on possessed by the briefing clerk or legal assistant. Consultant agrees that all charges for the legal services hernder, including expenses as set forth in Section III.C. below shall not exceed The Consultant shall bill the City through the submission of itemised invoices, statements, and other documentation, together with support data indicating the progress of the work and the services perforated on the basis of monthly staten~ents~ showing hourly rates hdicating who performed the word, what ~e of work was lane, and descriptions andlor details of all services rendered, including a dailyx and an entry-b-entry refection of billable time spent an this engagement} along with speciftc desption and supporting documentation, if available, respecting any reasonable and necessary out-of~pocket expenses incurred b Consultant in performing the professional ser~rices provided for under this greerrtent. Professional fees shall bebilled in rninirnurrtone-tenth X1110}hour increments. C, Additionally, the City shall either pay directly or reimburse the Consultant, as the case xnay be, for reasonable and necessary actual out4of-pocket expenses i#erni~ed on the monthly statement. These expenses include, but are not limited toy long-distance telephone, faxa reproduction charges postage, overnight couriers and transportation and travel charges. All copies will be charged at the rate of fifteen cents ,15~ per copy for copies rnacle within Consultant's offices, with a much photocopng as possible being done b outside vendors at bulk rates or by the City to reduce costs ifbul copying is necessary or appropriate. D, The parties anticipate that invoices ar statements for professional services will be generated on a monthly basis and that said invoices or statements will be sent to the City by Consultant orx or about the l5th day of each month, Tl~e Clty shall make payment to the Consultant within thirty ~3 days after receipt of an appropriate tt~mi~ed invoice ar statement. To the Page extent that any fees er expenses are disputed by the City} the City shall notify Consultant within thirty days aver its receipt of the invoice or statement, and shall otherwise pay all undisputed amounts set forth in e inv~iee or statement within thirty days after its receipt of c invoice or statement. All invoices or statements shall be a rcieed by the Assistant Director, I~er~ton water Utility, or his designee; and shall then be reviewed and approved for payment by the Assistant City Attorney for Utilities. Any sums due and payable rr~ore than sixty days after the fee bill is received by the City, and not protested or disputed as allowed above, shall bear interest at the rate of eighteen percent ~18~~0~ per year, until paid in fall. F. It is understand and agreed that the Consultant shall worl~ under the coordination and general supervision of the Assistant C1ty Manager of Utilities, or his designee. F~ All notices invoices, staterrients, and payments shall he made in writing and may be given by personal delivery or b rnailt As to notices: t ,City Manager, Cif of Denton, ~ 15 East Mci~i~ne street, Denton, Texas 701 or to his designee. As to invoices statements, or payments: to Michael . Copeland, Assistant City Attorney for Utilities, Utility ,Adminis~ratio~ Depar~rient, at the sane address, as t~ the City; and to Carolyn Ahrens, Esq. of Booth, Ahrens werkenthin, P.C~~ 515 Congress Avenue, quite 1 ~ 1 Austin, Texas 7~7~ 1 ~ as to the Consultant. when so addressed, the notice, invoice statement andlor payment shall be deemed given upon deposit of same in the U. .1V1ai1} postage prepaidt In all other instances, rlotis, invoices, statements, andlor payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person er office to which notices, invoices, statements andlor payments are to be sent} provided reasonable notice is given. Professional orn~~te~c~: A. Consultant agrees that in the performance of these professionai services Consultant shall be responsible to the level of competency and shall use the same degree of shill and care presently maintained by other practicing professionals in the Mate of Teas performing the carne or similar types of worl~. For the purpose of this Agreement} the ley persons who will be perfcrnvng most of the worl~ hereunder shall be Carolyn Ahrens} of counsel and Michael Booth, officer. however, nothing herein shall limit Consultant from using other qualified and competent members of the Firm to perform the services required herein if such delegation is reasonably appropriate and properly protects the City~s interests. Any agreements, ordinances, no~ces} instruments memoranda, reports letters, and other legal doeurnents prepared or obtained under the term of this Agreement are instr~er~ts of service and the City shall retain ownership and a property interest therein. If this Agreement is terminated at any time for any reasa~a prior to payment to the Consultant for word under s Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the pity upon request and without restriction an their use or further compensation to the Consultant. Page 4 I, Te~minatlo~ of A ~ecment: A, ~ connection with e work outlined in this Agreement, it is agreed and fully understood by the consultant that the pity may cancel or iride~nitely suspend further work hereunder or teirninate this Agreement at any tirrie upon written notice to onsultant~ consultant shall cease all work and labor being perforrried under this Agreement consultant may terrriinate this Agreement b giving the pity fieen ~l da}~s written notice fat consultant is no longer in a position to continue representing the pity, onsultarit fall invoice the pity for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement All reports and other documents, or data, or work related to the project shall beeon~e the property of the pity upon tcr~nination of this Agreement. Thl~s Agreement may be terminated in whole or ire part, in writing, by either party in the event of substantial failure by the ether party to fill its obligations under this Agreement through no fault of the terminating party. Provided, however, that no such termination may be affected, unless the other party is given ~ written notice delivered by certified snail, return receipt request} of intent to terminate, and not less than dirty ~~0} calendar days to cure the failure; and, an oppo~ty for consultation with the terminating party prior to termination. Nothing contained herein or elsewhere in this Agreement shall require the pity to pay for an~r work which is unsatisfactory or which is not submitted in compliance with the term of this Agreement ternate Dis~nfe es~lution: The consultant and the pity agree that, if necessary, he will use their best efforts to resolve any disputes regarding the Agreement through the use of t Y ~ ruediation or other forms of alternate chspute resolution set forth m chapter 154 of the Texas ~v~l Practices and Remedies fade ,A.T,~.~.). I. entire A regiment: This Ag~'cement represents the entire agreement and understanding between the parries with regard to the professional services specifically described in the first "witnesseth" paragraph set forth on page ~ hereof aiad any negotiations proposals, or oral agreements are intended to be integrated herein and to be superseded b this writn Agreement. An su lenient or amendment to this Agreement, in order to be effective, shall be writing and PP signed b the pity and the consultant. I, tom fiance with Laws: The consultant shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they naa now read or hereafter be amended, including but not limited to the Teas Disciplinary Rules of Frafessional conduct. I~, overnin ~a~ For the purpose of determining place of agreement and law overrun same, this Agreement is entered into in the pity and bounty of Denton, State of Texas, g g and shall be constraed in accordance with, and governed by the laws of the State of Texas. venue Page ~ and jurisdiction of any suit or cause of action arising under or connection with this Agreement shall lie exclusively ~ a court competent jurisdiction sitting in I~ent~n County, Texas, I'~. ~l~~rirr~ination Fr~hlhlt~~i ~ performing a services rewired hcreder} the Consultant shall not discriminate againt any person on the basis of xace, color religion, sex, national origin or ancestry, age, or physical handicap, personnel: A. Consultant represents that it has or will secure at its own expense ail personnel required to pexform the services required under this Agreement. such personnel shall riot be employees r~or have any contractual relations with the City. Consultant shall inform the City of any convict of interest or potential conflict of interest that may arise wring the term of this Agreement, m accordance wlth Consultant's responsibilities under the Texas ~iscipiinary Rules of Professional Conduct, B. All services re~l~i.red hereunder will be performed by the Conultant or under its direct upervisionF Ali personnel engaged in worm shall be qualified and shall be livened, authorised, or permitted under state and local laws to perform such services. ~Y, Assl nahili The Consultant shall riot assign any interest in this Agreement and shall not ~ansfer any Merest in this Agreement whether b assignment, novation, or otherwise without the prior written consent of the City thereto, ever bill Ali agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained i.n section headed "cope of erviccs~', "Independent Contractor Relationship", and "Compensation and Method of Payment„ hereof, shall be held to he invalid by any court of competent jurisdiction, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein, ~'YII. des onsibllities for claims and Liabili Approval by the City shall not constitute nor be deemed a release of the responsib}lity and liability of the Consultant for the accurac and competency its worm} nor shall such approval be deemed to be an asun~ption of y ~ ~ the such responibility of the C~ for any defect in any report or other documents prepared b Consultant, its shareholders associates, employees, officers, or agents m connection with this engagement, ~Vladi#"~cation of A~~i,~~ o waiver or modification of this Agreement or of au covenant, condition, or limitation herein contained shall be valid unless in wring and duly executed by c PAY to be charged therewith. loo evidence of any waiver or rriodification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affec~ng this Agreement, or the rights or obligations of the parties hereunder, unless such waivex or modification is in writing, duly executed as aforesaid. The parties further agree that the provisions of this article will not be waived as herein set forth. Page 7 1 1 , ]~OTI~l1 T~ ~LIENT~ T~'ie Mate Bar of Te~a~ investi~at and proseeute~ professional misconduct conzmitt~l by Texas attorneys, ~1#hough not every complaint against or di~pu~e wii a lawyer evolves professional misconduct, the Mate Bar of Texas office of general counsel will provide you with information about how file a c~mplaint~ l~`or more information please call 1-B~Oµ~~2-l~00, `I'I~is is a toll-free call. Page ~ 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 MAY 22, 2006 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair convened into an Open Meeting on Monday, May 22, 2006 at 9:04 a.m. in the 7 Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, 8 Texas. 9 10 Present: Chair Newell, George Hopkins, Bill Cheek and Bob Bland 11 12 Absent: Phil Gallivan and John Baines, excused 13 14 Ex Officio Member: 15 Howard Martin, Interim City Manager 16 17 OPEN MEETING 18 19 20 21 ITEMS FOR INDIVIDUAL CONSIDERATION: 22 23 4) Consider recommending approval of a Professional Services Agreement (PSA) with Booth, 24 Ahrens &Werkinthin, P.C. for legal representation related to water rights and water 25 legislative issues in an amount not to exceed $42,000. 26 27 Tim Fisher, Assistant Director of Water Utilities, gave a brief history of past legal services 28 provided by Booth, Ahrens & Werkinthin, P.C., to the City of Denton regarding water rights and 29 water legislative issues. The proposed agreement would provide water related legal services and 3 0 regulatory update information over the next twelve months. 31 32 Board Member George Hopkins motioned to approve with a second from Cheek. The 33 motion was approved by a vote of 5-0. 34 rxnlnlL AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: Parks and Recreation CM: Howard Martin, 349-8232 SUBJECT Consider a request for an exception to the Noise Ordinance for amplified sound for a fundraising rodeo and musical concert to be held at the North Texas Fairgrounds on June 17, 2006. The exception is specifically requested to extend the hours from 10:00 p.m. to 12:00 a.m. for amplified sound. BACKGROUND The Oldham's family has requested an exception to the hours of amplified sound to have a fundraising rodeo and concert for their three-year-old son who has several medical conditions. The funds will be used to help pay for medical expenses, to purchase adaptive equipment, and an accessi e van. The event will include a full rodeo followed by a live music concert. The rodeo will begin around 7:00 p.m. and will last approximately two hours. The live concert will feature several performing artists - R.W. Whitaker, Gary Kyle, Eleven Hundred Springs, and Ed Burleson and his band. Amplified sound will be used for both music and public announcements. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None EXHIBITS 1. Request Letter from Michelle Oldham Respectfully submitted: ryl~ Janet Fitzgerald, Director Parks and Recreation Prepared By: . , Janie McLeod, Community Events Coordinator 1 I 1 ~ a a 1 a _ _ ; _ II II y~ L 1 1 1 ■ I a II ~•1 it I 1' a .I -r 1 i' I I , L h 1 I ~ _ ~ 1 Y 11 1 1 . i _ II 1 1 L 1 II _ J 1L . _ ' L 1 - ~ 1 II I ~ YI II I ~ 1~ F iai fly r• ~ YI _ ' I. a_ I~ _ r. 1 IfS 1 C ~ ~ a a _ a 1_ J _ I f 1 1 ,1. r Y 51 r Y 1 7~ I L ~ f u~. F _ I err _-7 ~ .7 _ L~ TI ~ ~ _r. i~fl.+r ■ 1 F - J ti y 1 R• I ~ a7 1 1. 1 ~ a YI ~I 1 .h II II L 1 1 I + a r s .I {1r ti • I 1 r s 1~ r r 1 A , 1 1 ti 1 ' I ~ 5 ~ ~ 1 1 ry~ ~ ~ !I i f 1 ti I1~y L I ~ IL 1 ' S 7 1 r II { I• { 1 ~ r 1 - r 1 'L r ~ ~ ' - • rr i a - ~ r ~i a tiF L ~ 1 ~ ~ ~I L I ~ J . L 7 ~ _ ~ 7 1 ~ 1~ T ~ a_ r •I r y~ _ I: 1 _ 1 1 1 i 11 1 1. 1~ F I 1 - r t-.5 ~S ' ~ 1 i I ty 1 L -Li ~ ~~ti I 4ti ti 1 l I V 11 ~ 1 1. ~ r 1 I L 1 .h i ~ i r:1 -I - ti ~~i ~ 'jai •~~1•~ ~1fiL~~ ~ 1 r ~ ~ V 1~ 1 . ~ L . II II #7- 1 I 'r •L a ~ Irf 1 ~ 1 5 1 1 F _ ~ y 1 F! r r. .tr ~ a , 1 1 _ i -1 t lam ~I r r7 7 7 f ~ - 1 1 r~ f J r L F 1 a a a r ~ _ ~ r ~ a Jy 7 ~ 1 ~f ~ 1 L f J a a~Y lY l~~ ' ■ ~y - `F1 _ ■ . a_ 1 Y I ~ f L 1 J~ J I _ 1 i y+ _ _ • Exhibit 1 _ X-2 AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: Parks and Recreation CM: Howard Martin, 349-8232 SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system at Fred Moore Park during the Juneteenth Celebration on June 16, 2006, from 6:00 p.m. until 11:00 p.m. and on Saturday, June 17th from 11:00 a.m. until 12:00 p.m. The request is for an exception to the hours of operation from 10:00 p.m. until 11:00 p.m. on June 16th and 12:00 p.m. on June 17tH BACKGROUND Jackie Sasser, chairperson of the Juneteenth Celebration has submitted a request to allow them to use amplified sound for a live musical performance after 10:00 p.m. This event commemorates the day, June 19,1865, when General Gordon Granger informed the slaves of Texas that the Emancipation had been signed to make all slaves free. The event will feature live bands, choirs and entertainment on June 16th and June 17th. The Juneteenth Celebration has taken place in the Fred Moore Park for the past several years. PRIOR ACTION/REVIEW None FISCAL INFORMATION None EXHIBITS 1. Letter of Request RESPECTFULLY SUBMITTED: r ~ ..r. 7 _ ~K .l .k .sV' ..f .....'.l-. v~ Janet Fitzgerald, Director Parks and Recreation Department Prepared by: } Janie McLeod Community Events Coordinator 1 ~ ~ ' . rti 1 3 1. '..S I r 1 1 I 1 ~ { ~ a ~ r r rr j : ~ ~ - 1 r _ ti ~ - -i - + •I _ 1 IY y ' ~-:=tiy?~. .~.T.:-zy ~1r - r~.L. s S ~~r~{. :~~tiir. _ }rL' r ` ~ ~ 1 1 7 1 ~ 1L JI I FI 1 1 ~r ` I Y' _ I r I ~ N r 7 r ryy a r#S i I FI _FI ti 1. 17 1 YI a _ y~f pl r 1~ L' ' J I ~ . t ~ ■ ti i ~ y .r. ti~rl. ti 1 } 1~ I ~ i 1 l y r I I - I I 1 I I s F 1 I' I ~I _ ■ ~ 1 ~ h L r r y +I 4 ~ I f ~ r - r I 1 1 1 ti~ r. ti lif ~ ~4 r5 r+i 1 1 1 .5 . 5 } ~ r~ 5 ~ I y- 1 • 'I 11' L r ti ti 1 ~f N 5 ~ •I Y F _ 1 1 ` 1 1 L " I 1 I I r 1 •~.yR 1 ~ , * r-~ [ ~V 1 'I ~ 5 A I I ~1•r- r ryk` ~ ~ ~ r ,•rr{ ~ ■ Z r r 1 L ' Y _ y F ~ ~L ~r L ~ ~L y. 1 y . 1 I R~ } I I 1 I y 1 1 I ~ k ti 'f,' ~ l i I I {.I : ti t Y f 7 1 r I 1~1 1 L r:7,1 . ~ ~ 1 ~ { 5~ { 1 i } ~ •1~ ~ r • ■ ~ti~' ~ ti r ~ r rf• yti r I 11 1 ~ ~ 1 1 1 f~ . ~ ~ r 5 ti 1 1 1 1 ++r. I I 1 ~ ~ yIti y~ ti r' 1 1 ~ ~ a I ti 1 rti , V 1 ■ I 1' ~ L J } L F 1 1 L r ti ~ ~ I , I r I' S I 1 ~ 5f - ' r ti •L 1. n 1 1 ti I s r_rL;L;~ ~ niiiui~ i AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: Parks & Recreation CM: Howard Martin, 349-8232 SUBJECT Consider a request for two separate exceptions to the Noise Ordinance for the purpose of the Apollo Nights and Music Nights on the following Sundays: June 18th, July 2nd, July 9th, July 16th, July 23rd, and July 30th from 5:00 p.m. to 10:00 p.m. and for Monday, June 19th from 5:00 p.m. - 11:00 p.m. The events will be held in the Fred Moore Park. The requestor is specifically asking for an exception to the noise ordinance to allow amplified sound on Sundays and for Monday, June 19th for amplified sound for hours after 10:00 p.m. BACKGROUND Harold Jackson has requested to have talent shows and music nights with amplified music in the Fred Moore Park during the months of June and July. The Apollo Nights activity is to help encourage youth to increase their performance ability and provide a safe environment for entertainment. The Music Nights would provide music from a stereo system for participants to listen; there would not be any performers on these nights. The main source of noise from the activities will be the use of speakers for the music. The Apollo Nights event has been taking place during the months of June and July since 2001. The surrounding area consists mainly of residential neighborhoods, with Oakwood Cemetery to the north side. FISCAL INFORMATION None EXHIBITS Letter of Request from Harold Jackson Respectfully Submitted: .:.t- . . I. ;.;:k ~ f.'.;.:.~~ .'.'I' I f i .'.S-~ ~ Kt.'.'.'.' rk•~• r ?S :~x r Janet Fitzgerald, Director Parks and Recreation Department Prepared by: Janie McLeod, Community Events Coordinator 1 .'P P~ #~y„ Y:, "y(~ j t a r as '.ti z ;f: , a: ~tF 1. r 4: Y k 7! i t ''~r< L a 't :!f a as .c Y ~ S. Exhibit 1 F AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: Transportation Operations -Airport CM: Howard Martin, 349-8230 ~ SUBJECT Consider the adoption of an ordinance approving a commercial operator airport lease agreement between the City of Denton and Hangars Plus, L.L.C. on approximately 4,200 square feet of land at the Denton Municipal Airport; and providing an effective date. Airport Advisory Board recommends approval 6-0. BACKGROUND Mr. Tony Montgomery wishes to lease a pad site approximately 4,200 square feet, which would include the appropriate parking area for his building. The developer is requesting that the standard pad site be amended to allow for a larger structure. The pad site he is requesting currently measures 62 feet wide by 45 feet deep. The Developer is requesting the Airport to allow the lotto be expanded by an additional 1,410 square feet. The Developer would be responsible for all drainage and apron area improvements, both to the north and south of the lease site; as well as maintaining the improvements for the duration of the lease agreement once construction is complete. The Developer has agreed that language be added to the lease agreement requiring him to design and construct improvements to the property in compliance with Chapter 35 Subchapter 19 (Drainage Standards) City of Denton Code of Ordinances Denton Development Code latest edition and the latest City of Denton Drainage Criteria Manual dated February 20, 2006. The Developer has agreed to submit a drainage plan to the City no later than 45 days after execution of the lease or the lease shall be terminated. ESTIMATED SCHEDULE OF PROJECT The proposed lease would become effective June 6, 2006 and would continue through the 14th day of June 2036 (30 years). The lease also provides for two successive option terms often years each. PRIOR ACTION/REVIEW The City Attorney's Office has reviewed the proposed lease. The Airport Advisory Board has reviewed and unanimously approved (6-0) the proposed lease agreement. FISCAL INFORMATION The lease rate for the identified site is $0.12 per square foot per year. The lease rate for the first two years will be approximately $504 per year. The lease agreement provides for rate adjustments per the Consumer Price Index, every other year for the term of the lease. EXHIBITS l .Ordinance 2. Draft Lease Agreement 3. Airport Advisory Board Minutes Respectfully submitted: Mark Nelson Chief Transportation Officer Prepared by: Tim E. Whitman Airport Manager ;I~ur Documentsl~dx~anceslUdlAirport L,e~se-Mo~tgomery.dac ORDINANCE ND. AN ~RD~NANE APPR~VIN~ A C~l1~E~CL~.L ~PERAT~R AIRP~R'T LEASE AGREEMENT BETWEEN THE CITY ~F DENTIN, TEAS AND HANGAR PLUS L.L.C. ~N APPR~~.ViATELY 4,~~0 UARE FEET ~F LAND AT THE DENTIN MCTNICIPAL AIl~PDRT; AND PRDVIDIl~C~ AN EFFECTIVE DATE. THE C~UNCI~L ~F THE ~F DENTIN HEREBY ORDAIN: ECTiDN 1. The C1ty Manager or his designee 1 hereby autharrzed to e~eeute a Camn~ercial operator Airport Lease Agreement between the City of Denton d Hangars Plus L.L.C. a~. appro~irnately 4,~Qa square feet of land at the Dentan Municipal Airpa~t, in substantially the farm of the Airport Lease Agreement v~hieh is attached to and made a part of this ordinance far all purposes and to exercise all rights and dunes of the City of Denton under the Airport Lease Agreement. ECTI~N 2. This ardinanee shall beean~e effective i~mrnediately upon its passage and appraval. PAED AND APPR~~ED this the day of , 20a~. PERRY R.. IcNEILL, l1~AY~R ATTEST: JENNIFER SALTERS, CITY SECRETARY BY: APPR~~ED TD LEGAL FOR~Vi: EDWIN . NYDER., CITY ATTQRNEY BY: { IL future agreement between Lessar and e United ar a gency thereof, re~at~~ve to the aperat~on ar maintenance of the ort. L Lesor, far and in consideration of the covenants and a ee~aents h ' be t b e~re~ contained, to ep y Lessee, does hereby dose and lease Ito Lessee anal Lessee dae f~a ~ s hereby lease xn Lessor, for the lease term described Ar~ic~e , the fallow~n descri " . bed land situated rn Dentan Jaunty, Texas: Imo" A tract of hand, begin approxi~ate~y 7~ feet ~ ~0 feet or 4 . ~ ,2~a square feet, dram and ontbne on Attaeh~ent and ~e a~ described ~n A ~ „ y ttachent a~ such attachrtnents being incorporated herein by reference the "Leased pose ' ~ s'~. Together with the right of ingress and egress to the Lased ~ . rSeS, aid the nght lll conon nth others sa authored afpassge upon a orb ro en ~ p P~ may, subject to reasonable reguiat~on by the ~~ty of ~entan and such ri is sha11 exten d to Lessee s employees, passengers, patrons and invitees. for aces of this a e gr Bent; the tin Leased Prese" shall mean ail property located v~ithin the metes and bawds described and identified ~ith~ Attachment including ~easeho~d im rovements c . ~ onst~ucted by the ssee, but not mctud~ng cern easements or property oned. a~ndlor cantro hed by the Lessor. N~ NE. There X11 be na impro~e~x►ents provided by Lessor, except as set forth in Article II.F. " . • . Access to ~~h~es be~o The tern '"Lessor impra~rernents~~ shah mean those thin on or ad' Leased ~r ~ scent to the en~ses belonging to, constructed by, or to be coaastcted b the Lessar. y finless otherw~.se noted herein au Lessar ~mproven~ents are and rema~ the . goer of Lessor. Ali Lessar ~mpro~ren~ents must be described in detaii above or above referenced and attached to this At~eernent ~ a~, exhibit app~aved by Lessor. The Lesse ' e shah design, construct and mainta al.~ drainage improvements to the Leased Premises and co - tr~ct anal mainta a~. apron approaches bath to the earth and south and rav~de a ' . p parking area on the Leased ~remases. The Lessor be responsible for e in the drains, e ' g pipes cleared out and Lessee s~ be responsible far improvements to the Leased fires . _ e ~ coha~.ce with chapter 35, uhchapter i9 drainage Standards z ofDenton ' ~ tY bode of ~rci~nances Benton ~evelopn~ent bode, latest edition, and the latest of dent ' on Drainage nter~a~ Nlanu. February 2~~~}. Lessee shad provide coin fete constmc~o . P n pins prepared by an ~nrneer licensed Texas far the Lessor's review and ravai ' . pp m accordance nth Lessor's Plang Depax~nent procedures and re u~rements for sitar ' . ~ pnvate de~relop~nent pra~ects thin the 1ty. Lessee shall prepare plans falla~. the 'de ' . g gm lines ~ the latest ed~tlon of the of Denton anstruct~on criteria 1V~anual and shah not caence construction until Lessor appro~res Lessee's construction ions" Lessee p shah enter m a Page 3 i A~'~'F~~,,.T,.T Lessor represents that there are water se wer, na~Ura~. has and electricity lines within class pronit~ to ~e Leased Pre~.ses availab r~ le to ~ m by Lessee, and that the same are su~c~ent far usua.~ and custom servi axy c~ on the Leased ~r`em~.ses. . SIC. ~ The term of this Lean Aeen~en# shall be far a eriod of ~ P ~ ~ years, com- rnenc~n an the ~ nth day of ,dune, and cantanu~n ~hrau the ~ qty da of . June of ~~3 unless earlier ter~a~nated under the provisians of the Luse eat ` reern the `Lease 'Term'}. Lessee has the opt~an to renew for two addi~anal ten 1~ ar t . ~ ~ ye errns. In order to e~erc~se the ~rrst option Lessee roust provide written notice to Lessor of its ante nt to exercise the frrrst 10 year op~aa~ no Rater than ~ days before e a ira~.on a . xp f the 3 ~ year pnmary term. To exercise the second op~.on such wntten nonce must be rovided na later than ~S~ da befor ~ ys ~ the exp~ratlan of the firrst 1 ~ year optran term. The re~.ta1 anal terms tv be ne~o~ated for e option terms shad be reasonable and consistent with the then value, rentals and terms of sina~lar praper~y an the .Airport. Lessee covenants and a.rees to pay Lessor, a consideration far this Lease ~ree~nent, the fallowing payments, rentals anal, fees; A. Rental shah be due anal a ble to Lessor in p the sung of per square foot ar 5~4.0~ per gear the " dent' e ~ '}3 first years rental. is payable m advance by Lessee on or before the execu~.an of this Lease A regiment and ~s non~ref~ndable in a event the Lase is terminated. before the end of the first year. Th~ereaer rent is payable in helve ~ 1~2~ equal monthY installments in the s . y urn of 4~.0~ per month ~4~,~~} m advance} an ar before the 1st day of each and ev month d terra of this ~ ~e Lease Areenxent. Lessee has the option to pay a~nua`I rentals and fees in who le an ar before the ~ st dad of ~ctaber, at the berg of e i 's fiscal ear sac . y hand every year of this Tease Agreera~ent. otwitl~tanding the foregaha, the annual rental will be reduced b the c . y urrent lease rate per square foot, as adjusted by the CPS U referenced in section times the n s umber of guars feet comprrs~n all easements established in accordance with Article ~ ~ ~~~E. There are n o Lessor ~npravements an the Leased Premises. a p y~nents due Lessor from Lessee shall be made to Lessor at the ores of the Pin.ance D ar~nent of the City of Denton, Customer Service Division, ~l west liicl~ory, Denton, Texas unless oth ~ a ervse designated wrrting by the Lessor. If payments are not received on or before the 15~ ~ day of the month, a eve percent ~S Io} p~ ~ be due as of the ~ ~ a en ` b the . , P Ym is are oat received y first of the subsequent n~anth, an addl~onal penal of one ercent ~ ° . ~Y p ~ I~} of the unpaid Page 5 rentallfee amount will be due. A one percept ~ 1 ~I~} charge will be added an the firrst of each subsequent month until the unpaid rentaUfee payment is made, The gtnal Rent for the Leased Premises shall be readjusted at the; end of each one year period during the Lease Term on the bads of the proportion that the then current United States onsun~er Price Index for all urban consuxrzers ~~PI-U~ for the Dallas-Fart worth Bureau of Mbar Statistics bears to the previous odd month index ~.Vlarch}, which was ~195~-84 ~ 1~~}. each rental adjustment, if any, shall occur -on the 1st day ofNavember, beginning ~~~5, and every other year therea~er an such date. The adjustments in, the yearly rent shall be determined by multiplying the original Rent by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number applicable at the execution of this Lease Agreement. If the product of this multiplication is greater than the original Rent, Lessee shall pay this greater amount a the yearly rent until the time of the next rental adjustment as called for in this section, If the product of this multiplication xs less than the original Rent there shall be nv adjustment in the annual rent at that tine, and Lessee shall pay the previous year' ~ annual rent until the time of the next rental adjustrrient as called far in this section. In ~no event shall any rental adjustment called for in this section result in an annual rent lass than the previous year's annual rent. The adjustment shall be limited so that the annual rental payment determined for any given two-year period shall not exceed the annul rental payment calculated for the previous API adjustment by more than twenty percept ~~~~f~}percent. If the consumer price index far all .urban consumers CPI-U} for the Dallas-Fort worth eagraphrcal regions as compiled bythe U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the Lease Term, the remaining rental adjustments called for in this section shall be made using the formula set Earth above, but by substituting the index numbers far the onsurrier Price Index-Seasonally Adjusted U,S. pity Average Far All Items For All Urban onsurners BFI-U~ far the index numbers for the API-U applicable to the Dallas-Fort worth geographical region. If both the API-U for the Dallas Fort worth geographical region aril the LJ.S. pity Average are discontinued during the Lease Term, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United states Department of Labor that are most nearly corriparable to the API-U applicable to the Dallas-Fort worth geographical region. If the Bureau of Labor Statistics of the United States Depart~ient of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the Lease Team, the remaining rental adjustments called for ~ this section shall be made using the mast nearly comparable statistics published by a recognized financial authority selected by Lessor. ~ A. IE.,~., PR~1 ~F.. Lessee is granted the non#exclusive revile a to engage m awnerloprator activities providing the following aviation services: 1 ~ .Lessee is granted the non-exclusive right to Page 5 the A~reort andlor activities conducted cannectian with or incidental tothis Lease Agreement, inc~ud~.g all such causes of action hayed on coma coitutional ar statutory law, or used in whale or iu part upon the negligent ox intentional acts or omissions of Lessee, its officers, agents e~np~o~ees, invitees ar other eersons. lessee ~.ust at all times exercise reasonable ere~cauti.ons on behalf of, arnd e solely respan~ihle f air, the safety a~ its officers, enapla~ees, agents, customers, visitors, invitees, licensees and other persons, as well as their proper, while on, or iuvalved ~xt any way with the use of the Leased Prem~,ses. The Lessor is not liable or responsible far the negligence or intentional acts or omissions of the Lessee, its officers, - agents, employees, agents, customers, visitors and -other persons. The Lessor shall ass~aae na responsibility or liability for harm, inju, or any damaging events which are dectly or indirect~y~ attributable to ~ren~ise defects, whether real or a~.eed, which ~ now exist or .which may hereaer arise upon the healed remises, responsibility for ail such defects being expressl assu~,ed by the Lessee. The Lessee agrees that this indeity provision app~aes to all claaims, suits, de~.ands~ and actions arising fra~n all ~ prise defects or can.tions. T CAF A F .Lessee agrees to properly store, collect and dispose ofall chen~ica and chen~ica~ residues; to properly stare, canine, collect and disease of all pant, inoluding paint spray in a ataaosphere, and paint products; and to comply with all Local, Mate and ~ederai reguiat~ons governg the storage, handling or disposal of such chenucals and paints. Farther, the Lessee shall be salel~ responsible for a~, discharges, whether accidental or intentionax, of any chemical and for the costs associated with the cleanup, remediation and disposal ofaid chemicals. I . ~ar~~~l ~ A ctn. should Lessee violate any law, rye, resttic~ian ar regulation of the pity of Denton or the Federal Aviation Ad~mi~istration, or an other regulator authonty, ar should the Lessee engage in or permit other persons or en#s to engage ~ acti~it~es v~hich co,d produce hazards ar gage 9 Lm obstruct~an to air navigation, obstruc~ans to visib.ity ar interference with an Y aircra~ naviatianal station or device, whether airbarne or on the un . ~ then Lessor shall state such o~at~on venting and dehver written notice to Lessee or Lessee's agent vn ~e Leased Pren~ses, or to the erson s an the • • ~ . y ~ ~ J Leaped pre~aises who are causing said vlolatlon~s~, and u on deliv of such . M wntten nonce, Lessor shall, have the right to denrand that the ersan s F 4 . F respansible for the v~a~atian~s} cease and de~st~fram such aetivi creatin . . the vio~tion~s}. In such event, Lessor shah have the ri t to demand that corrective action, as rewired, be carnn~enced immediately to restore the Leased Premises rota conformance with the par~.cul.ax law, r.e or aeronau~.cal . regulation being violated. ~hauld Lessee, Lessee's ~ agent} ar the erso s p ~ ~espons~ble fvx the v~ala~an~s~ fad. to cease and desist dram said ~ia~a~an+[fs ~ a ~ F . 4 and to a~nmedite~y commence correcting the oia~an~s}, and. to coin 1e said P correctian within ven~y=dour ~2~4} haur~ faov~in Witten no~ca~on then a Lessor shall have the right to enter onto the Leased Premises and correct the viota~.vn~s at the sole cost and expense of Lessee, anal Cellar shall not be responsible far any damages ~ncred to any ~nprovenients on the Leased Premises as a result of the arrective ac~on process. In additta such vio~a~tivn shad be considered a n~ater~a~. default by Lessee authorizing Lessor, at its sole option and discret€an, to ~.ediately terminate and cancel this Lease Agreement, ~ ~o signs, palters, or other sinzila~r devZCes "i a. e' shah, be ~ g ~ placed on the exterior of the Lease Iinpravernents ar an any portion of the Leased I'~reinises ar impart property without the prior written approval of Lessor. Lessee at its sole a ens xp e, shah be responsible fax the crea~an, instillation and maintenance of all such i a Lessee shaft a to L ~ ge~ p essor any and all damages, injuries, or repairs resting franc the instal~ation~ maintenance or repair of any such ignage, Any i a e laced an the Le g p aced Preises shall be rnainta~ned at all times ~n a safe, neap sightly and and h icai canditlon. g p~ All signage shad. be reJnoved frarn the Leased Premises by Lessee imnaediatel u an recei t of instructions for y p p removal of sane frarn Lessor, including without limita~on, u an ex irarian or termination of thi p p s Lease Agreement, ff Lessee fails to remove the i e then Cellar n~a do so at the g sole cast and expense ofLessee~ Lessee shad be Witted the p right to puce two walk signs, no greater tl~anthir~-tv~v s care feet eac iden~i ~ . ~ ~ ~g the cammercia~ hangar operation. ill sigaage sha1~ comply with ah a liable ardina~aces ~ncludin g the pity 4f Denton, sign ordmance,'t D. - Lessor ~ and its designees sha11 have die ri t to enter the Leas ed Premises upon reasonable advance natlce ~writ~en or anal} and at au reasonable t' . Y lines far the puxposes of inspecting the Leased Premises, perfai.in an ward which Les g y or elects to perform under this Lease ,Agreement, .and exhibiting the Leased Prenuses fo . r sale, lease, or niortgage. ~athni in this section shall imply an du u on Lessor y ty p to do any worl~, which under any other provision of this Lease ~ eenaent Lessee is re ~u~red to perfoi~rn, and any performance by Lessor shall not canstit~te a waiver of Lessee's default. gage ~.0 i Lesar hereby agrees as fol~a~s: A, ~Jpon payment of all rent, fees, and erformance of p the covenants and a~greeents an the part of Lessee to be performed hereunder Lessee shall peaceably hold and enj ay the Leased and all. rights and privi~e es herein anted, ~ ~ . Lessor warrants and represents that in the establishn~t construction and apera~.on of the ,rpart, ~ that Lessor has heretofore and at this time is con~piying with alb existing - rues, regulations? and criteria distributed b the ~eder~ - . ~ Av~atxan Ad~strat~on, yr any o~aer govern~.ental authority relatin to and includin but , not meted ta, na~se abaternent, air rights and easements aver adjai~nin and canti aus areas, aver-f~gt ~n ~anchng ar ~eo~', to the end fat Le~s~e ~ not b ~e a1~ ~a~~e for . ~ ~ action of trespass ar s~nular cause of aeon by virtue of any aerial a erat'rons of ~ ~ ~ om~.g property m the course of norn~.a1 take-a#~` and landing procedures Pram the Aupart; Lessor further v~arrants and. represents that at all tines Burin the Lease T or ~ i ' F . any renev~al ar etens~vn of same, that it ~ contue to comply v~th the fare ain . ~ ~ ~t is expressly understood and agreed by and between Lessor and Lessee that this Lease Agreement is subj ect to the folla~ring. special teams and conditions. . Because of the present thirty thousand ~2a,0~a} pound cant~nuaus use weight beang capacity of the taxxay, Lessee herein, a ees to limit . „ ~ a1I aervnau~.ca1 act~v~ty ~ncludu~g landing, take-a aid tax, to xcra ~.n an actual , ~re~ght~ mclud~ng the weight of its fuel, of thu~y thousand ~~~,0~4 ouuds or less unto . r such tune that the runway and designated taxiways on the Airport have been im raved to p handle aircra~ of such excessYVe v~eights. ~t is further agreed that, based an used . ~ engineer~n studies, a weight restr~ctlons and pra~.slans aft~.s clause ma be ad'uste u ~ ~ ~ or dov~n, and ~t Lessee agrees to abide by any such changes or revisions as such studies may dictate. "'Aeronautical a,vity~" .referred to in this clause shah include an activi of Y tY the Lessee cr its agents or subcontractors, and its customers and invitees hurt shah. not include those ae~ivles over which it ~ na alicitary part ar con~al, such s an unsolicited or unscheduled ar emergency landag. pattern of violating the rovisions of this sedan i. on ta~ or amore occasions shad be sucient to cause the hnmedi.ate termination of this entire Lease Agreement and subject Lessee to liab~ity for any da~rna es to the ort that g ~ might result. VIA, ~ - A. ~ before commencing the construction of au rovements , ~ p an a Leased ~rem~ses mclud~u Issee's lmpxovernent {the "Lease hn ven~ents' Lessee shad submit: Page i Haever, any such easements shall not interfere v~.th Lessee's use of the Leas ' ed Pren~ses and Lessor shall restore the property to the origin. cond~tzon a is reap noble and p~ticable upon the installation of any utility se~dces o ~n over or under any such easement at the conc~usian of such constract~.on. Constr~ct~on in or at the easement . shall be completed .thin a reasanabie tone. Lessee expressly covenants that xt ~ not assi this Lease A ~ reernent, convey more ~ hftyy percent ~~0%} of the interest in its business; tbrou the sale of stock or other~vrse, transfer, license, nor sublet the whole or any part of the Leased premises far exc t far rend i Y p~pose, ep of hangar space or t1e-dawn space for storage of au-cra~ and wrthout the y written consent ofLessor. Lessor agrees that it mill not unreasonab~ ~ ' . y thhold its approval ~ of such ale, sublease, transfer, hcense, ar assrnn~ent of the facili~es for o ~ rt related purpases~ prodded however, that no such assignment, sublease trafer livens ~ , ~a1e or atherse ~ be approved ifthe rental, fees or patients, received or char are e . ged xcess of the rental or fees pard by Lessee to Lessor under the terms of this lease for such ' of the s por~.on Leased Arennses proposed to be ass~gnecl= subleased, t~ansferr licensed or . , other.se. The prav~rons of t~.s Leasee Agreement shall re~na~n bindin u o • p n the assignees, rf any, of Lessee. In the event of an ssigurnent or sublease of this Lease Agreement the Lessee, Assignee or ub-Lessee pay Lessor . ad~ninrstra~ive fee of 5~~ and shall also pay all of Lessor's a~stra~ve casts of rotes ` su . p sing ch an assrgnrnent ~nclud~n, thaut limitation, ail reasonable attorneys fees, ad~nistra~ve costs d Lessor's staff` time associated ~ the assignment. : regardless of the actidties evntem fated under thi . P s Lease Agreen~.ent, Lessee shah marnta~n continuously e`ect at all tunes Burin the r terra of this agreement, at Lessee sole expense, the following ~u~n insurance coven es: g ~ . Commercial Public} General Liabili coverin the Lessee or i ' g i company, its employees, agents, teu..ants and dependent contractors, and its a erat~ons on the . p airport, Coverage shall be m an amount not less than 1,~~~,~D~ er occurxence p anal pravrde coverage far premres~opertions and contractu. ~iabi~i AND where exposure exists, caverae for: productslcornpleted operations; explosion toll se and under and gro properly damage; A~, rid property insurance an a replacement cost bans coverin lass or da~.a e g to fac~lrtres used by the Lessee, either as a part of this agreement or erected b e Y Lessee subsequent to this agreement. ~Jnder rao circumstances shad the Lessor be liable for any d.anxaes to fixtures, rnerc~.andise or other ersonal ro of p p perty the Lessee or its tenants, . l3u.s~ness Automobile L~abili to include cove~ra tY ge far ~ed~Leased Autos, on- ~ed Autos and Hued Cars: Page ~.4 i fallowing requirements: i. All Viability policies sha11 na~.e the City of~entan and its odic f ers and epioyees as an additional named insured and parovide far a ~u~ of ~ da ` ys ►tten nonce to the pity of any canceilation or material ~ eta the ol~c . ~ y insurance required by this Lease A een~ent ' ust be issued by a company ox companies of sound and adequate fi~anaYai responsi~ili and authorised to do busms ~ the Mate ~o~ Texas. A~. policies are sub'ect to the ex ~ . . ~ a~na~on and approval of the 1ty s once of R~.s~ anag.ent far thx ad uac as to farm . , Y content, ofpratec~on and prav~d~ng company. . Required insurance nan~n the pity as an additiana~. insured ~ . ust be primary insurance and not contributing waith any other surance ava~la~le to the i whether fro ' ` ~ a third party hab~l~ty policy or other. Said ~ ofinsurance shad in no may limit die liability of e Lessee hereunder. 4. The Lessor snail be provided with a co of all such olici py p e and renev~al cer~ihcates. ~ai~uxe of Lessee to comply the murium ecihed am es of ' ~ punts ar typ insurance as required by Lessor sha11 constitute Lessee's default of this Lease Agreement. 5. ~uxing the Lease Term, or any etensian thereof, Lessor herein reserves ' the nght to, nth ~a days native, adjust ar increase the liabity insurance aaunts r ~ ' r of the Lessee, and to requ~xe any add~tlanal rider, radians or ce • iii p rcates of insurance, and Lessee hereby agrees to provide such inuxance r ' y equ~xen~ents as may be required ~y Lessor; provided haever, that r uirements . Y eq shall be conaniensurate insurance requ~rernents at other public use 'arts solar to the ~3enton ' ' ' . ~ unYCtpal Airport m see and in scope of aviation activi~es iodated ~n the southwestern region of the United Mates. A. the event that Lessee shah ~1e a volunt et~~.an in y p bankruptcy or proceedings m bankruptcy shah be ins~.tuted a ainst it and Lessee ' therea~er ~s a.d~ud~cated banl~upt pursuant to such praceedin s, ar an court shall t ~ . g y ake ~ur~sdlctlon of Lessee and its assets pursuant to proceedings bxought under the ravxsions . . p of any Federal reorgaa~on act, ar Lessee shall .be divested of its estate herein b other o eration of lav~• or Lessee shall f ' ~ p l to perform, keep and ohserve auy of the tens covenants ar conditions herein contained, or on its part :ta be erformed ec t far ' p ep defaults for ~a~lure to suppiy drainage plans ar carnmence~nent period or canstruc~ion ' period defaults described in section . which axe covered in subsecdan B of this e ' . S ct~an, the Lessor nay give Lessee ~vntten nonce to correct such, condition ar cure such. default ~ . and., ~f any condition ar default shall continue far thirty ~3 da, after the recei t o ' ~ p f such nat~ce by Lessee, then Lessor may terminate this Lease A ee~nent b v~ritt ' ' ~ nat~ce to Lessee. ~Iowever, if Lessee provides v~ritten notice to Lessor within said 3o da ` y cure penod that ~t is Page ~ LOM J Lessee m.a~ cancel this Lease Agreement, whole or pad, and terminate all ar an of . ~ i obhga~ons hereunder at any time, by thirty days written na~.ce, upon or after the happeng of ariy one of the follo`ing events: issuance by any court of co etent 'u.s~ ~ ~ ~ diction- of a penrnanent m~unction ~ any may pre~ent~n or restrauvn .e use of the- o~ . ~ or any part thereof for airport purposes; ~2} the breach b~ Lessor of any of the covenants or agreements contained herein and tae failure of Lessor to remedy such breach far a period of ninety ~9~} dais aver reipt of ~ written notice of the existence of such breach; ~ the 4 ■ . F of Lessee to use the Lease Premises d facilities cant~.u~ng for a ion er eriod p than ninety ~90~ days due to any la~~r ar any order, rule or regul~.on of any ap ra date - . . . p ~ gaveranmental authonty having ~un,sdictian over the operatzans of Lessor or due to vvar, earthqual~e ar other casu~.ty; ar the assumption or recapture by the United Cates Government, or any authari~e agency thereof, of the ~tenance and operafion of said, - auport and facilities oar any substantial part or parts thereof, Upon the hpenin of any of tae four events fisted in the preceding paraph, such that the Leased Premises cannot be used far aviaon purposes, then the Lessee nay cancel this Lease Agreement aforesaid, or n~a.~ elect to cont~.ue this Lease Agree~aent under its - ter~ns, except, haever, that the use of the Leased Presses shall not be ited to aviation purposes, their use being only li~oited by such 1a~s and ordinances as m.a be a liable at x that tune A. ~~T, 'l~.s Lease A meat constitutes the enure understanding between the parties and as of its ffectx~ve Date supersedes ah prior or independent Agreements betv~een the parties covering the sub~~ct utter hereof. An • • r . ~ . r change ar adi~cation hereof shy be ~ writing signed by bath parties, All covenants, stipulations and agreements herein shad extend to, bind and inure to the benefit of the legal representaves, successors and assigns of the respective parties hereto ; F~~ , ~ a provision hereof sha~1 be wally declared void ar illegal by any court ar adniinist~a~.ve agency having ~ urisdiction, the entire Lease Agreement shall not be void; but the rnainirig pravis~ans shall continue in effect as nearly as ossible in . p accordance nth the original intent ofthe parties. .Any notice given by one party to the other ~n cannec~ion with this Lease Agreement shy, be meriting and shall be sent by certified nail, return recei t . p requested, nth postage fees prep,d ar via facsunile as follows; Paga 38 L Ifta Lessor, addressed to: zty tanager ley of ~]enton ~ E. cnney Street Benton, Texas Tat Ito Lessee, addressed to: ~ang~ar Plus r. Anthony Montgomery ~resldent a4 ~'renchto~rn Road Argyle, Texas 72~~ The ~eadln used in this Leas e Agreement are intended for canvenlence of reference only and do not dune or limit the sco a or meaner of an ~ ~ ~ pro~.sion of t~s Agreement. This Lease ~ ernent i to be . nstrued ~ a~coardance ~e lames of the Mate of Texas and is full erfor~nable ~ yenta . ~ ~ ~ bounty, 'Texas. Exclusive venue far any l~su~.t to enforce the ~s or condi~o ` ns of t~s Lease Agreement shall be a court ofco~npetent~ii~sdic~ian Benton faun Tex ty, as. . loo ~raiver by Lessor or Lessee of an default or . breach of covenant ar term of this Lease Agreement nay be treated as a waiver of an subs cent default or breach of the s Y ~ am.e or any other covenant or tern of th~,s Lease Agreement. . . ~ur~.n all times that this Lease A ement is in effect . , the pa~.e agree that Lessee is and shall not be deemed an agent or m to a of#~e Lessor. . done of the Pares shad be default or athert~. ` se liable for any delay or fa~ure ofperfartnance under the Vase ~ Bement if such de . gay or failure arises by any reason beyond their reasonable control i~cludin an act of o . g y d, any acts of the common enemy or terronsn~, the elements, earth cakes ~.oads fees ~ a , , e~7~denuCS, riots, failures or delay m transporta~.on or caminunicatlans. ~o~vever lack of funds shall not be deemed be a reason beyond a Eames reaarble control, The Pares ll ` pmmpy niforin and coup v~th each other to any of the above causes which heir a ~udgn~ent mayor could be the cause of a delay ~ e performance of this Lease A Bement Page 1~ I ~E ~RE~F, e pies ~av~e ec~.~ed s Luse A e ~`ec~i~re D ~ en~e~t a of the a.~e ix~ a~o~e v~r~~te~. CITY 1~~NT0~, '1~~, L~~~~ H~IARD N~AR'~`~, C~I'Y ~AER A~T'F~T: .T1VIF~~ ALTE, C~I'Y EC~E~'A~Y ~~Y; ~~~V~~ A LE~L FCRIVI: ~~~T . SD~~, COY ~TT~1E B~: L~~E fit, PL, L.L.C. B~: Page 20 Lm ~UN'I`Y F DEN~'ON This tru~ent `as ac~no~eded before me on the ~ d~ of Y uar terra, qty Manager of the ~ of Denton, texas, on behalf of said ~nt~icipal~ty. N~'T~.Y ~~B~, STAB TEXAS ~ FATE SEA § AUNTY ~ DENTIN ~ This itrun~ent vas aekneleded befer~ one on the da of ~ b~ Anthony 11~o~toex~, a Texas corporation on behalf of s.d eorport~on. ~~~'r~~~ Qx N~TRY PUI~,I, STATE 'I`E~A, rte., oo~ gage ~1 Lm ~ ~ ~ ~~d ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' Y ~ ~ ' ~ • ~ ~ . ~ ~ ~ ~ . ~ ~ Ir//+ Yi ~ + , ~ ~ ❑ ~ ~ ~ 4 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ t~] ~ ~ ~ ~o~ ~ > ~ ~ ' ~ ~ ~ o ~ ~ ~ ~ ~d ~ ~ ~ ~ ~~~`5l ~ ~ ~ ~ W a~ ~ ~ ~ a~~ ~ ° ~ ~ 'k"` w ~ ~ ~ _ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' ~ ~ . w tf`) ~ ~ z ~ ~ ~ ~ ~ r v ~ ~ ~ ~ W ~ Lei] ~ ix!'~~ ~ ~ '~J~WZ WW~F= ~ C? ~4 WW1-W ~ ~ ~~WZ~~~~~~~.~~W ~~~~J m~~~~ W ~~~~~ll GW1 v~~.~~C~ ~W ~W~ o o ~r ,g ~ a W~ ~ ~ ~ o ~ m~ ~m~~~ ~ ~ ~ ~ w ~ ~ ~ ~ ~U I~Is~ w „a~7~ aWH ~UC~W~?QII~F•-L.~~1'L ~0~ ~~~QD~~~~ ~ ~~J ~~W~~~~~~ ~ ~,~~~~~~~y~~~ ~~tq~n~raq~n~gq~~~A~,u'lillq~ll~ir~~q~ u!la~~~l~p~ ~ ` U~ ~L~Y ~UU~mQWWWW1a1W~~[~ C~ nn ~ ~ I ~ ' ~ ~ 1 LM r ~ta~hr~e~~ g } E ~ ~ 1€S 1~ that ~ poro~ of load ~ ~ 11If~J.~l SI~I~V~Yt 11b~tr►~c! Mm~er Y . 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'i~r Flood Bka~rarar~t r~ onab oa far! at ~ ~ ~ ~ i~lK i10i1~Qilt; ~ ~ I Irw~by o~ ! ~ ~ ~fram aa~u~ab ~ ~ ~ u ~ ~~irup~r an ~f ~4J ~ ilrrd~r~ acrd n~r~b~ aF ~ ~ ~n and ~ bort o~ mgI #~raa and drat , acrd Jo~lio~ ~ r and appar~~ ~nprryrornir~ ar* a r ~ laid ~ oorr ~ ~Oaalsarr ~ ar ~brari~ rera~rldrrod aKrd aarararrrba of naor+~ ~ ~ ~ ~ irr* of which ~ q~tr~d h ~ l a!'! ~tl~ rat . ~ arnr~r~ ~oalr~ar pr~airrrriono. onnrpi~s rlih a~~ o~ P~■lo~ol Bert 96ondard~ a~rd• l:r~or~ 1'irr k or a1N~'~ ~ Irova ~ from dab ~ ray ion ~ or and ~rror~ as ~ a~br Zia ~aN p4r#so~ m ~+aaap~ sav+agt oo i li~l`~ TNr war oiarioh try ' rlt~ra~ ~ ~ ~o~ s~oh~~ A ~ ~ ~r - TBM Bladar. ~ Br~rln~ Booed oa ~ ' Pia knob 9~rk~ l 83 ~ ~ Trraa acrd ~ ` , ` ~ ~ ~ ' - H,~,I,~ 1 AIRPORT ADVISORY BOARD MINUTES 2 APRIL 12, 2006 3 4 After determining that a quorum was present, the Airport Advisory Board Convened in a 5 Regular Meeting on Wednesday, April 12, 2006 at 5:30 p.m. in the Denton Civic Center 6 Building in the Community Room at 321 East McKinney, Denton, Texas. 7 8 BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don Smith, 9 Charles Brown, Bob Eames, Larry Luce, and John Kristoferson. 10 11 BOARD MEMBERS ABSENT: Jay Anderson excused absence. 12 13 STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer; Tim 14 Whitman, Airport Manager; Julie Mullins, Aviation Assistant; and Herb Prouty, 15 Consulting Attorney. 16 17 PUBLIC PRESENT: Bert Yuttal, David Schulman, Mark Hanna and Amanda Addington. 18 19 ITEMS FOR INDIVIDUAL CONSIDERATION 20 21 III. Receive a report, hold a discussion and provide a recommendation on an Airport 22 Lease Agreement between the City of Denton and Tony Montgomery. 23 24 Mr. Nelson gave a brief overview of the history of the proposed development 25 on the south end of the Airport. Mr. Nelson indicated that Mr. Montgomery is 26 requesting the lot be expanded to accommodate a larger structure that would 27 be placed on a zero lot line. Staff expressed concerns that the south end of the 28 hangar would be adjacent to a drainage feature. 29 30 Mr. Whitman briefed the Board on meetings held with Mr. Montgomery and 31 Ed Witkowski of the City Engineering Department on drainage issues. Mr. 32 Whitman mentioned that Mr. Montgomery is not comfortable expending 33 funds and submitting a drainage plan without having a signed lease 34 agreement. Mr. Montgomery is comfortable with signing a lease that would 35 include stipulations to have the drainage plan completed within 45 days. Mr. 36 Whitman also outlined parking requirements for the proposed development. 37 3 8 Mr. Luce expressed concerns about the lot site, stating he is familiar with the 39 smaller than a normal lot. Mr. Luce commented that he thought Mr. 40 Montgomery would have looked into the cost benefits of addressing the 41 drainage issues and the foundation plan for the development prior to entering 42 into an agreement. Mr. Luce would like to see a due diligence study on Mr. 43 Montgomery's proposal to provide other options, and then enter into a formal 44 lease agreement with Mr. Montgomery. 45 EXHIBIT 3 1 Dr. Smith made a motion to enter into lease with restrictions that there be a 2 Drainage Plan submitted, parking issues addressed, a site survey completed 3 and that Mr. Montgomery speaks to Mr. Weyer regarding tying into his ramp. 4 If all of the previous are completed within the 45 days, then an Airport Lease 5 Agreement between the City of Denton and Tony Montgomery can be 6 completed. Mr. Eames seconded the motion. Motion carried 6-0. 7 AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: City Manager's Office r CM: Howard Martin, City Manager Y SUBJECT Consider adoption of an ordinance of the City of Denton Authorizing an agreement between the City of Denton, Texas and the Juneteenth Committee to support the 2006 Juneteenth celebration; providing for the expenditure of funds therefore; and providing an effective date. BACKGROUND Councilmember Jack Thomson has made a request for the expenditure of $200, Councilmember Bob Montgomery has made a request for the expenditure of $250 and Councilmember Charlye Heggins has made a request for expenditure of $700 to the Juneteenth Committee to support the 2006 Juneteenth celebration. Per the contract, the funds are to be used to help pay for the cost and expenses directly related to pageant trophies, children's games and entertainment expenses during the event, held in June of every year. Monies are not to be used to pay overhead or salary of any individual connected with the event or for the travel and entertainment expense of any individual connected with the event. Funds will be distributed with appropriate receipts upon the approval of the ordinance by the City Council. Respectfully submitted: r r ~ W ~ r . ~ Jr' ~ ~ "Y '....1 Iti ~ ~r • ~ ~ Y 1~ ti l ~ ~r ti ~ i i 'r: r ti• i•i ~ I. .'ti Howard Martin City Manager Prepared by: Linda Holley Executive Assistant ~.l0ur D~curnen~~ldinancesl0~l,~un~teent~ Celebra~ion.doc ~RDINANE ND, AN ORDINANCE ~F THE CITY ~F DENTDN A~JTH~RIN AN ACREEIVIENT BETWEEN THE O~TY ~F DENTIN, TEAS ,AND THE J~UNETEENTH O7VIITTEE TO SUPPORT THE JUNETEENTH CELEBRATION; ~ PRO~IDYN FAR THE EXPENDITURE ~F FUNDS THEREFOR; AND PROVIDING FOR N EFFECTIVE DATE. WHEREAS, the Juneteenth onlittee the "Organisation"} sponsors and organises the ,Iuneteenth celebration in the pity of Denton, Texas including live entertainment as part of the event; and ~UHEREAS, the pity ounc~l finds that ~t xs ~n the public interest to help support this ~com~nunity event; and WHEREAS, the pity vuncil of the pity of Denton hereby finds that the Program and the agreement between the Oity and the Organisation attached hereto and made a part hereof by reference the "Agreement"} serve a municipal and public purpose including promotion of a significant hrstoncl and culture. event m Denton, the recognition of worthy citizens, and positive promotion of the pity of Denton to others outside of the pity is in the pubic interest; NOS, THEREFORE, THE COUNCIL OF THE CITY DF DENTON HEREBY ORDAINS: SECTION I. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fu11y set forth herein. SECTION The City 1Vlanager, or his desig~.ee, is hereby authorised to execute the .Agreement and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Agreement. SECTION Th1s ordnance shall became effective immediately upon Its passage and approval. PASSED AND APPR.DVED thy. the day of ~a~~. PERRY R.1VIcNEILL, MAYOR i i h ~ A :I~ur Documentsl~rd~nances106U~ne~eenth Celebra~on.doc ATTEST: ~ENN~F~ AI~T~R, IT~Y ERTARY~ BY: APP~VED A T~ LEGAL F~~.: E]IN 11~C. NYD ~ ~ ATTOR~E BY. i r AGREEMENT 'This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City,,, and "Juneteenth Committee", a non-profit organization, hereinafter referred to as "Organization"; WHEREAS, City has determined that the Organization will perform an important public service for the residents of Denton without regard to race, reli~.on, color, age ar national origin by providing for events such as the Junetee°nth Celebration which helps promote and celebrate an important historical and cultural event, brings recognition to worthy citizens, and promotes the City of Denton to others by its favorable publicity; NO~7U', THEREFORE, the parties hereto mutually agree as follows: 1. SC~PE_!~F SERYI~ES Organization shall in a satisfactory and proper manner perform the following tasks, far which the marries provided by City may be used: Monies nay be used to help pay far the cost and expenses dYrectly related to pageant trophies, children's games and cnterta~nent expenses . during the event, held in June of every year. Monies are not to be used to pay overhead ar salary of any individual connected with the event ar for the travel and entertainment expense of any individual connected with the even 2.ORLIG TiONS FOR ATI In consideration of the receipt of funds from City, Organization agrees to the following ~ . terms and conditions: A. The funds provided far in dais agreement shall only be expended for the purposes set forth in Article I above, subject to Section 4.A. and for no other purpose. B. The Organization shall expend the funds in a manner that will allow for a tracing of funds and a review of the specific expenditures for which the funds were utilized. C. The Organization shall permit authorized officials of City to review its books at any time. ~ D. The Organizaatiaon will reduce to writing all of its rules, regulations, and policies and file a copy with City Manager's once slang with any amendments, addirions, or revisions whenever adopted. E. The Organization shall not enter into any contracts that would enGUOaber City funds for a period that would extend beyond the term of this Agreement. S,IQur Docw~ncatslContracml~SVunetocn~h Cclabration Agroemecit~doc 1 F. As funds are expended, the C~rga~uzation shall provide documentation in the form of cancelled checks and corresponding receipts detailing expenditure. G. The Organization shall appoint a representative who will be available tQ meet with City a~'icials when requested. P!. The organization shall indemnify and hold harmless City from any and all claims and suits arising out of the activities of Chganizaation, its employees, andlor contractors. I. The Organization shall submit to City copies ofyear-end audited financial statements. 3. Tf1VlE GF PERF R~IANCE The services funded by City shall be undertaken and completed by Organization within the following time fi~ame: June G, 204 to September 3~, 200 unless the Agreement is sooner t under Section 7 "Suspension or Termination". 4. PAYMENTS A. PAYN~NTS'PO QRGANZZA'I'~~N. City shall pay to the Organization the sum of $1,150.04 to be used solely for the purposes set forth in Section 1 above. B. EXCESS PAYMENT. Organization shall refund to City within ten X14} working days of City~s request, any sum of money which had been paid by City and which City at any lime thereafter determuaes: 1 } has resulted in overpayment to ~rganizatian; or 2} has not been spent sirictly in accordance with the terms of this Agreement; or 3} is not supported by adequate documentation to fu11y justify the expenditure. C. DEOBLIGATION of FUNDSIREVEIZSIQN OF ASSETS. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance.City hereby reserves the right to reappropriate or recapture any such under expended funds. If City finds that organization is unwilling andlor unable to comply with any of the t~erlns of this Agreement, City may require a refund of any and all money expended pursuant to this Agreement by organization, as well as any remaining unexpended funds which shall be refunded to City within ten working days of a written notice to organization to revert these financial assets. The reve°rsian of these financial assets sha11 be in addition to any other remedy available to City either at law or in equity for breach of this Agreement. S;1A~r Dacuin~a►tslccmtra~VOSUune~nth C~lebretion Ag~Cn~aacZ i ~ D. A~RB~NT CLOSE OvT. Orgaruza~on shall submit the Agreerent close out package to City, together with a final expenditure report, for the time period covered by the last invoice representing final expenditure of funds under this Agreement, within fifteen ~l5} working days fallowing the close of the Agree~aent period. Organization shall utilize the form agreed upon by City and Organization. S..EVALUATION Orgaatization agrees to participate in an unplemcntat'zon and mauitenanee system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discrevion. In addition, Organization agrees to provide City the following data and reports, ar copies thereof: . A. All external or internal audits, Organization shall subxnit a copy of the annual ind endent audit to City within ten ~10~ days of receipt. B. All external or internal evaluation reports, . C. Until such time as all disbursed funds have been expended and all document submissions are complete, the Organizatia~n agrees to submit quarterly financial staxements in ]uly, October, January, and April. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. Quarterly finaincial reports shall be submitted tv the City within 15 working days after the quarter has. been completed. . E. An explanation of any major changes in program services, F. To comply with this section Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organizatran's record System shall contasn sufficient documentation to provide in detail full support and justification for each expenditure. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for fiive years. G. Nothing in the above subsections ,shall be construed to relieve Organization of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. { 6. DIR,ECTQltS' MEET INOS During the term of this Agreement, Organization shall deliver to City copies of all novices of meetings of its Board of D~irectars, settiua~g forth the time and place thereof. such notice shall be delivered to City in a timely manner to give adequate natxce, and. shall include an agenda and S.IQur Uocuman~lCa~tr~cactsl~SVunetee~t~ Celebr~tia~n Agreanent,dnc ~ a brief description of the matters to be discussed, Organization understands and agrees that City's representa~ves shall be afforded access to all meetings of its Board of Directors. Minutes of ail meetings of Organiza~ian's gave~rning body shall be available to City within ten ~10~ working days of approval. 7. SU PEN ION OR TERMINATI N A. The City may terminate this Agreement far cause if the Organization violates any covenants, agreements, ar guarantees of this Agreement, the Organization 's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organize#ion's uxolatxon of any law ar regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement far other reasons not specifically enumerated in this paragraph. . B, The City may t~eraminate this Agreement for convenience at any Mime. If the City terminates this Agreement far canvenien~ce, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effecctive date ofter~aainatian. In no event will this compensation exceed an amount that bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. Incase of suspension, City shall advise Or~anizarian, in writing, as to candifions precedent to the resutnptian of funding and specify a reasonable date for compliance. In case of termiunafion, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. E AL OPPOR AND COMPLIANCE wITH LAwS A. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. ~ . Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investiga~on to ascertain compliance with local, State and Federal rules and regulations. C. In the event of Organizations non.-compliance with the non-discrunis~atian requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organiza~on may be barred firom further contracts with City. wA S ORGANIZATION represents and warrants that: S:l~ur I)octnnentslCo~tc~c~~SVuncbaenth Celvn Agroanentdoc~ . 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 an the information, data, ar 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 conditions of Organization an the date shown an said report, and the results of the o~eratian for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization. . C. No litigafion or legal proceedings are presently pending or threatened against Organization. . D. None of the provisions herein contravenes or is in conflict with the authority undcx which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. ~ . E. Organizarion has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such arcceptance under the terms and conditions of this Agreement. F, None of the assets of Organization are subject to any lien ar encumbrance of any character, except far current taxes not delinquent, except as shown in the financial statements furnished by Organizafion to City. Each of these representations and warranties shall be candnuing and shall be deemed to have been repeated by the submission of each request for payment. 1 CHAN ES MEN'TS A. Any alterations, additions, ax deletions to the terms of this Agreement shall be by written amendment executed by bath parties, except when the tarns of this Agreement expressly provide that another method shall be used. B. Organization cannot significantly change the nature, intent, ar scope , of the . program funded under this Agreement withaut~the prior written approval of the City. C, It. is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this ~ Agreenent without written amendment hereto, and shall became a part of the Agreement on the effective date specified by the law or regulation. S:10ur DacumeatslContractsVDSV~nebeenth Celeon Agroanent,doc 5 D. Organization agrees to notify City of any proposed change in physical loca~on for work performed under this Ag~rnent at least thirty (3~~ calendar days in advance of the change. E. Organiza~on shall notify City of any changes in personnel or governing board composition. F. It is expressly understood that the transfer of funds between or among programs of the Organization will not be permitted. 11. TND~MNiFICATI~N A, ~t is expressly understood and agreed by both parties hereto that City is contracting with Organization as an independent contractor and that as such, Organization shall save and hold City, fta ofl~cers, agents and employees harmless from all liability of any aatare or Find, including costs and expenses for, or on accoant o~ any claims, audit exceptions, demands, Baits or damages of any character whatsoever resulting ~n whole or in part firm the performance or omission of any employee, agent or represeata~ve of Organization. B~ Organization agrees to provide the defense for, and to indemnify and hold harmless City its agents, employees, or contractors from say and all claims, quits, ceases of ac~ian, demands, damages, losses, attorney fees, expenses, and liab~flity arising out of the use of these contracted fanda sad program administration and implementation except to the extent canned by the willful act or omission of City, its agents or employees. l~. CONFLI T F INTERS T A. Organization covenants that neither ~t 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. Organization further covenants that in the perfor~ma~ace of this Agreement, no person having such interesct shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its governing body or its staff subcontractors or employees shall possess any interest in ar use hislher position for a purpose that is ar gives the ~gapeazance of being motivated by desire for private gain for himself~herself, air others; particularly those with which helshe has family, business, or other des. C. No officer, member, or employee o~ City and na member of its governing body who exercises any function or responsibilities in the rev'xew or approval of the undertaking ar 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. ~:~Qt~' ~OCUiiICp~4~Qt1~''aL`#S~~UI]~CC[l~I (;Cl~'A~DCI AIE'11t~(~{?C 13. NEP T1SM Organization shall rat employ in any paid capacity any person who is a member of the immediate family of any person ~ who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate famil}~' includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child,half-brotherandhalf-sister. 14. N TI E An nonce or other written instrument required or permitted to be delivered under the Y terms of this Anent shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: C~'y OROANLZATION City of Denton, Texas Juneteenth Committee Attn: City Manager .Attention: Jade sasser 215 E. McKiuaney l 3 Oo Wilson Street Denton, TX 7241 Denton, Texas 7205 Phone: 94Q.566.b436 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. ls. MrsC~LLANEous ~ - IIIIU.-..rl..~..~ A. Orgariiza~on shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to ~Y FAY or partitsy bank, trust company ar other f~na~aci.al institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, ar unenforceable, the remaining provisions shall remain in full farce and effect and continue to canfonm to the original . intent of both parties hereto, C. In na event shall any payment tQ Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms ~ and conditions of this Agre~nent constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then ar subsequently be committed by Organization. Neither sha11 such payment, act, ar omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. savour nocur~e~r►ts~contrar.~l0suunete~th Cekbratian Agrccrr~mtaoc 7 . D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, . understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the patties hereto pertaining to the interpretation or meaning of any part of this. Agreement or i~ govenai~ag rules, codes, Taws, ordinances, or regulations, City as the party ultimately responsible far matters of compliance, will have the final authority to render or to secure an interpretation, F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction 5ittinng ~n Denton County, Texas. IN WITNESS wHEREGF, the patties do hereby a#~ix their signatures and enter into this Agreement as of the ~ day of _ , 2~(~. CITY GF DENTIN, TEAS BY: HGwARD MARTIN, CITY MANAGER ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: APPRG~ED AS TG LrEGAL FARM: EDWIN M. S C ATTGRNEY BY: s;lour Dpcur~xr~tslCobtract~~5vunet~ Celebration Ag~emcn~doc 8 . . , JUNETEENT~ COMMITTEE BY: ~ ~ JA 5 SER , ATTEST: ~ B' Q A 0 SECRETARY s:l0ur DocurnentslContr~tsl~S~Tuneth Celebration Agrecman~doc 9 . AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7100 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance authorizing the City Manager to accept an Interlocal Agreement with the City of McKinney, Texas to authorize participation in various City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefore; and declaring an effective date (File 3509- Interlocal Agreement with the City of McKinney, Texas). FILE INFORMATION 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 attached agreement is an authorization of the City of McKinney to participate in contracts awarded by the City of Denton and will remain in effect until terminated by either party. This Interlocal Agreement will allow the City of McKinney to utilize contracts for supplies and services competitively bid by the City of Denton, Texas. RECOMMENDATION Approve the Interlocal Agreement between the City of Denton and City of McKinney. PRINCIPAL PLACE OF BUSINESS City of McKinney McKinney, Texas ESTIMATED SCHEDULE OF PROJECT This agreement is effective upon approval by the City of Denton, Texas and will remain in effect until terminated by either party. Agenda Information Sheet June 6, 2006 Page 2 FISCAL INFORMATION There is no fiscal impact on the City of Denton's budget. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3509 ORDINANCE N0. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH THE CITY OF MCKINNEY, TEXAS TO AUTHORIZE PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 3509- INTERLOCAL AGREEMENT WITH THE CITY OF MCKINNEY, TEXAS). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute the Interlocal Agreement and to exercise all rights and duties of the city of Denton under the agreement, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 2-ORD-Interlocal Agreement With McKinney INTEIA~ OPERATIVE PU~~IAIN AI~IE~NT ~ETE~N CITY DENTIN, TEAS AND CITY I~INNEY, TEA STATE OF TEA. ~~U~T~ DENTON THIS A~E~IV~ENT is made on the day of , 2~~~, between the pity of Denton, and the 1ty of IVIcI~lr~ney; each referred to herein participating gavernment~. wHEA, the respective participating gavernn~ents are authorized by the Interiocal Caoperat~on Act, .T...A. avernment bode, chapter 79 to enter into ~ aint contracts and agreements fir the performance of gov~er~ent~ functzon and services ~nclud~ng adn~in~strative functions narn~ally associated with the operation of government such as purchasing of necessary materials and supplies; wI-~A, it is the desire of the aforesaid participating governments to comply with and further the policies and purpose of the ~nterlocal aoperation Act; wHE~EA, the participating gavernrrients cannot normally obtain the best possible purchase price for materials and supplies acting individually and without cooperation; and w~~EA, It 1s deemed ~n the best Interest Df partlClpating gQVernn7ents that said governments do enter into a mutually satisfactory agreement for the purchase of certain rr~aterials and supplies; wH~EA, the parties, in performing governmental functions or in paying fog the performance of o~rernrnental functions hereunder shall make that performance or those payments from current revenues legally available to that party; THERE~'~F, the parties hereto, ~n conslderatlan of the mutual C~~ena~t~ and conditions contained herein and pursuant to the authority permitted under the lnterlacal ~aapertian Act} promise and agree as follows: I. purpose The purpose of this Agreement is to authorize participation of the pity of ~VlcKinney in various contracts for the purchase of various goads and services. Participation in this cooperative prograrri will be highly beneficial to the taxpayers of the ~1ty of Mcnney through ant~clpted savings to be realized. i I~. Duration of Agreement This Agreement shall be in effect frarri the date of e~ecutian until terminated by elther party to the agreement. III. ~eialionship of Parties ~t agreed that the pity of N~cKinney, in receiving products andlor services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in v~hich they are acq~.ired, Neither the pity of 1VIcI~inney, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent ar employee of the i of Denton and shall not be entitled to participate in any pension plans or other benefrts that the pity of Denton provides xts employees. The pity of Denton shall notify all participating entities of available contracts to include terms of contract, can~~nodtty cost, contact names and addresses. The pity of Denton shall beep participating governments informed of all changes to the cooperative Purchasln 1st of contracts. Nothing in this agreement sha~1 prevent any participating government from accepting and av~arding bids far commodities subject to this agreement individually and in its own behalf. Tam D, hau~, .P.1VI,fi purchasing Agent is hereby designated s the official representative to act for the pity of Denton in all matters relating to this agreement. Xv. Purchase of foods and services A11 products and services shall be procured by the pity of Dentan in accordance with procedures governing competitive bids and competitive proposals, The participating government mill be able to purchase from those contracts established by the pity of Denton where native has been given in the specifications and successful bidder has accepted terms for cooperative Purchasing Agreements far local governments, The participating gove~nents hereto agree that the ordering of products and services through this agreement shall be their individual responsibility and that the successful bidder or bidders shall bill each participating government directly, ar as advantageous to both part~clpting governments, The participating governments agree to pay successful bidders or anticipating governments directly for all products or services received from current revenues available fog such purchase. each participating government shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not by the e~ecut~an of this agreement assume any addltronal l~abil~ty. The pity of Denton does not warrant and is not responsible far the quality or delivery of products or services from successful bidder. The participating government shall receive all warranties provided by successful bidder for the products or services purchased. In the event that any dispute arises between individual participating government and a successful bidder, the sane shall be hand~e~ by and between the participating avernn~ent body and the bidder. III ITNE w~IF~I~E~F, the parties hereto have caused this agreerrient to be executed by their authorized officers thereon the day and the year first above written, CITE ~F I~E~IT~N ~C~NTRATC F~NTITY} By: ~Ioward Martin ~y: ~a~r~ence W. Robin~o~, Interim pity 1Vlanager b~ Regis Ne#f, Assistant Ci#y Mar~a~er and authorised signatory l AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tonya Demerson 349-8129 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting sealed proposals and awarding a contract for high technology procurement of a digital color copier/network printer for the City of Denton Reprographics Department; providing for the expenditure of funds therefore and providing an effective date (RFP 3479-Digital Color Copier Network Printer awarded to IKON Office Solutions, Inc. in the amount of $250,704). BACKGROUND INFORMATION A committee of representatives from reprographics, purchasing, technology services, customer service, and city manager's office developed a request for proposal (RFP) document to evaluate replacement options for the Xerox DocuColor copy/print system. The Xerox DocuColor 2060 lease expires in June 2006. The proposed system will replace the Xerox DocuColor 2060 digital color unit and two black and white units currently in place in the Reprographics production center. The proposed solution includes software that allows black and white and color jobs to be split between appropriate units, which eliminate manual labor time to collate projects, and reduces costs of black and white prints done on a color unit. This system also includes inline stitching, folding, collating, and hole punching options, which eliminates and/or reduces manual labor time. The more finishing options done in-line by the machine, reduces the need for temp services for manual finishing projects and eliminates the need for current offline finishing equipment, thus further reducing current costs. PRIOR ACTIONIVIEW (COUNCIL, BOARDS, COMMISSIONS) Xerox 2060 contract was approved by Council by Ordinance #2001-007 on February 20, 2001. RECOMMENDATION Award a contract for the lease of two IKON CPP500 Digital Color CopierlPrinters and one IKON Print Center Pro 1050 Production Unit with PowerPRESS Controller/Software for a 36-month term to IKON Office Solutions, Inc. in the amount of $250,704. Agenda Information Sheet June 6, 2006 Page 2 PRINCIPAL PLACE OF BUSINESS IKON Office Solutions, Inc. Sherman, TX ESTIMATED SCHEDULE OF PROJECT This contract is for athirty-six month period with the option to renew for two additional one-year increments. FISCAL INFORMATION This item will be funded from Reprographics account 830100.6306. Respectfully submitted: ~ ~ . ~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: RFP Evaluations Attachment 2: Reprographics Total Impressions 1-AIS-RFP 3479 ATTACHMENT 1 Recommendations Replace color and b&w units. Replace Xerox 2060 and Kyocera 6030 unit with IKON units. Current Costs: Monthl Annual Color 2060: $ 9 357.99 $112 295.88 No back-up color unit. B~VV (Kyocera, 2 b&w units Canon : $ 836.99 $ 10 043.88 Total: ~ 10194.98 X122 339.76 Recommended Option 1: Replace color and b&w units with 2 color/1 b&w Current Costs Pro osed IKON Monthl Annual 36-mo Monthl YAnnual 36-mo $10194.98 $122 339.76 $367 019.29 $ 6 967.00 $ 83 604.00 $ 250 812.00 Estimated Savin s: ~ 3 227.98 ~ 38 735.76 ~ 116 207.28 *1~laintenance would not escalate. Option 2: Replace color and b&w units with 1 color/1 bow Current Costs Pro osed IKON Monthl Annual 36-mo Monthl YYAnnual 36-mo $10194.98 $122 339.76 $367 019.29 $ 6 526.75 $ 78 321.00 $ 234 963.00 Estimated Savings: ~ 3,668.23 ~ 44,018.76 ~ 132,056.29 * Maintenance would escalate at 5% per year. Benefits of IKON solution: IKON solution includes software that allows b&w and color j obs to be split between appropriate units, which eliminates manual labor time to collate projects. Reduces costs of b&w prints done on color unit. Includes inline stitching, folding, collating, and hole punching options, which eliminates and/or reduces manual labor time. The more finishing options done in-line by the machine, reduces the need for temp services for manual finishing projects. Inline folding and stitching options eliminates the need for current offline finishing equipment, thus further reducing current costs. Units have the capability to print Mylar tabs, which will generate more revenue. Mylar tabs are currently outsourced. Software has many features that will allow users to manage jobs more efficiently and eliminate some manual processes. Increases paper print options from 12x18 to 13x19. With the proposed b&w unit, we will be able to eliminate two existing units (Kyocera, Riso). Option 1 will allow for aback-up color unit and increase speed from 60ppm to a combined speed of 100 ppm, which will increase productivity. Cons of IKON solution: Option 2 would result in a loss of speed/productivity (from 60ppm to 50ppm). 1 Option 3: Replace color only Current Pro osed Technifax Monthl Annual 36-mo Monthl Annual 36-mo $ 9 357.99 $112 295.88 $336 887.64 $ 2 577.73 $ 30 932.76 $ 92 798.28 Estimated Savin s: ~ 6 780.26 ~ 81363.12 ~ 244 089.36 Current 2060 options: Current Xerox 2060 Monthl Annual 1 Monthl Annual $ 9 357.99 $112 295.88 $ 9 357.99 $112 295.88 Estimated Savin s: - - Monthl Annual ZPurchase Monthl Annual $ 9 357.99 $112 295.88 $ 12 500.00 $ 1999.00 $ 45 488.84 Estimated Savin s: - ~ 8 358.99 ~ 66 807.04 1Keep existing unit. At end of lease, terms are month-to-month at current rates. ZOne-time purchase cost: $12,500.00. Estimated annual maintenance costs: $32,988.84 ($1,999 per mo. w/25K volume; color overages @ $.061/.0161 b&w. Supplies not included. Maintenance costs will vary based on volume. Keeping existing units does not allow for the inline finishing capabilities of the IKON proposed solution and no backup is available for color. Additional costs for supplies. 2 Evaluation of Proposals Vendor IKON Speed 50/105 Pricing Month/ Annual 36-ma Month/ Annual 60-mo. Color Only $2 898.60 $34 783.20 $104 349.60 $2 573.36 $30 880.32 $154 401.60 2 Color & 1 B&W $6 964.00 $83 568.00 $250 704.00 - - - 1Color & 1 B&W $6 526.75 $78 321.00 $234 963.00 $5 147.08 $61 764.96 $308 824.80 Equipment Proposed Color Equipment: 1 or 2 IKON CPP500 and 1 B&W: PCP1050. Includes 30k color SOK b&w. Color overa es .054/.0168 b&w. Notes Site visit 4/13/06. PNint sample files provided. MINIMUM REQUIRED FEATURES New equipment ~ Yes ❑ No Adequate service levels ~ Yes ❑ No 600 x 600 dpi ~ Yes ❑ No Backup service plan included ❑ Yes ~ No Document Feeder ~ Yes ❑ No Delivery schedule included ~ Yes ❑ No Paper sources ~ Yes ❑ No Training plan included ~ Yes ❑ No Paper capacity 4,000 ~ Yes ❑ No Company contacts included ~ Yes ❑ No Connectivity 9 Gb ~ Yes ❑ No References included ~ Yes ❑ No PlanetPress ~ Yes ❑ No Other requirements met ~ Yes ❑ No Fulfills minimum requirements ~ Yes ❑ No Billing: Semi-annual or annual reconciliation ~ Yes ❑ No Electronic meter retrieval ~ Yes ❑ No Color proposal only ❑ Yes ~ No Includes b&w ~ Yes ❑ No DEMO RESULTS POOR GOOD EXCELLENT Copy quality 1 2 3 4 5 6 7 8 9 10 User friendliness (walk up) 1 2 3 4 5 6 7 8 9 10 Paper handling 1 2 3 4 5 6 7 8 9 10 User friendliness (networked)1 2 3 4 5 6 7 8 9 10 Toner recovery 1 2 3 4 5 6 7 8 9 10 Toner recyclable ~ Yes ❑ No Outside structure 1 2 3 4 5 6 7 8 9 10 Overall Rating 1 2 3 4 5 6 7 8 9 10 Comments and Recommendations: Recommended unit(s) EVALUATION TOTALS Pricing (40%) 40 Delivery schedule (5%) 5 Service/equipment performance (25%) 25 Flexibility (5%) 5 Overall responsiveness to RFP (20%) 20 Billing (5%) 5 Total ~ nn 3 Vendor Technifax Speed 50 Pricing Monthl Annual 36-mo. Monthl Annual 60-mo. Color Only $2 577.73 $30 932.76 $92 798.28 $2174.46 $26 093.52 $130 467.60 Color & B&W No b& w ro osal . Proposed Color Equipment: Konica Minolta bizhub Pro C500 Equipment Includes 30k color all bc~w .015. Color overa es .052. Notes Same color unit proposed as IKON MINIMUM REQUIRED FEATURES New equipment ®Yes ❑ No Adequate service levels ®Yes ❑ No 600 x 600 dpi ®Yes ❑ No Backup service plan included ®Yes ❑ No Document Feeder ®Yes ❑ No Delivery schedule included ❑Yes ®No Paper sources ®Yes ❑ No Training plan included ❑Yes ®No Paper capacity 4,000 ®Yes ❑ No Company contacts included ®Yes ❑ No Connectivity 9 Gb ®Yes ❑ No References included ®Yes ❑ No PlanetPress ®Yes ❑ No Other requirements met ®Yes ❑ No Fulfills minimum requirements ®Yes ❑ No Billing: Semi-annual or annual reconciliation ®Yes ❑ No Electronic meter retrieval ®Yes ❑ No Color proposal only ®Yes ❑ No Includes b&w ❑Yes ®No DEMO RESULTS POOR GOOD EXCELLENT Copy quality 1 2 3 4 5 6 7 8 9 10 User friendliness (walkup) 1 2 3 4 5 6 7 8 9 10 Paper handling 1 2 3 4 5 6 7 8 9 10 User friendliness (networked)1 2 3 4 5 6 7 8 9 10 Toner recovery 1 2 3 4 5 6 7 8 9 10 Toner recyclable ®Yes ❑ No Outside structure 1 2 3 4 5 6 7 8 9 10 Overall Rating 1 2 3 4 5 6 7 8 9 10 Comments and Recommendations: Did not demo; same color unit as IKON. EVALUATION TOTALS Pricing (40%) 40 Delivery schedule (5%) 5 Service/equipment performance (25%) 25 Flexibility (5%) 3 Overall responsiveness to RFP (20%) 15 Billing (5%) 3 Total 91 4 Vendor Denitech Speed 55 Pricing Monthl Annual 36-mo. Monthl Annual 60-mo. Color Only $3 138.73 $37 664.76 $112 994.28 $2 824.50 $33 894.00 $169 470.00 Color & B&W No b& w o tions for mixed ro'ects. Proposed Color Equipment: Ricoh Aficio 5560 Equipment Includes 30k color lOK bow. Color overa es .065/. 0095 bow Notes Print files provided 4/18/06 MINIMUM REQUIRED FEATURES New equipment ®Yes ❑ No Adequate service levels ®Yes ❑ No 600 x 600 dpi ®Yes ❑ No Backup service plan included ❑Yes ®No Document Feeder ®Yes ❑ No Delivery schedule included ❑Yes ®No Paper sources ®Yes ❑ No Training plan included ❑Yes ®No Paper capacity 4,000 ®Yes ❑ No Company contacts included ®Yes ❑ No Connectivity 9 Gb ®Yes ❑ No References included ®Yes ❑ No PlanetPress ®Yes ❑ No Other requirements met ®Yes ❑ No Fulfills minimum requirements ®Yes ❑ No Billing: Semi-annual or annual reconciliation ®Yes ❑ No Electronic meter retrieval ®Yes ❑ No Color proposal only ®Yes ❑ No Includes bow ❑Yes ®No DEMO RESULTS POOR GOOD EXCELLENT Copy quality 1 2 3 4 5 6 7 8 9 10 User friendliness (walkup) 1 2 3 4 5 6 7 8 9 10 Paper handling 1 2 3 4 5 6 7 8 9 10 User friendliness (networked)1 2 3 4 5 6 7 8 9 10 Toner recovery 1 2 3 4 5 6 7 8 9 10 Toner recyclable ❑Yes ❑ No Outside structure 1 2 3 4 5 6 7 8 9 10 Overall Rating 1 2 3 4 5 6 7 8 9 10 Comments and Recommendations: Vendor provided printed samples. EVALUATION TOTALS Delivery schedule Pricing (40%) 30 (5%) 5 Service/equipment performance (25%) 25 Flexibility (5%) 5 Overall responsiveness to RFP (20%) 15 Billing (5%) 5 Total R5 5 Vendor Ricoh Business S stems Speed 55/51 Pricing Month/ Annual 36-mo. Month/ Annual 60-mo. Color Only Color & BMW $4 205.75 $50 469.00 $151407.00 $3 643.45 $43 721.40 $218 607.00 . Proposed Color Equipment: Ricoh 5560 B&W: Ricoh 2051 Equipment Includes 30k color SOK bow. Color overa es . 08/. 008 bow. Print sample files given 4/12/06. Called 4/14/06 to inform that proposed unit could Notes not meet riots ecs. MINIMUM REQUIRED FEATURES New equipment ®Yes ❑ No Adequate service levels ®Yes ❑ No 600 x 600 dpi ®Yes ❑ No Backup service plan included ❑Yes ®No Document Feeder ®Yes ❑ No Delivery schedule included ®Yes ❑ No Paper sources ®Yes ❑ No Training plan included ®Yes ❑ No Paper capacity 4,000 ®Yes ❑ No Company contacts included ®Yes ❑ No Connectivity 9 Gb ®Yes ❑ No References included ®Yes ❑ No PlanetPress ®Yes ❑ No Other requirements met ®Yes ❑ No Fulfills minimum requirements ®Yes ❑ No Billing: Semi-annual or annual reconciliation ®Yes ❑ No Electronic meter retrieval ®Yes ❑ No Color proposal only ❑Yes ®No Includes b&w ®Yes ❑ No DEMO RESULTS POOR GOOD EXCELLENT Copy quality 1 2 3 4 5 6 7 8 9 10 User friendliness (walkup) 1 2 3 4 5 6 7 8 9 10 Paper handling 1 2 3 4 5 6 7 8 9 10 User friendliness (networked)1 2 3 4 5 6 7 8 9 10 Toner recovery 1 2 3 4 5 6 7 8 9 10 Toner recyclable ❑Yes ❑ No Outside structure 1 2 3 4 5 6 7 8 9 10 Overall Rating 1 2 3 4 5 6 7 8 9 10 Comments and Recommendations: Declined demo after receiving print specs. EVALUATION TOTALS Pricing (40%) 40 Delivery schedule (5%) 5 Service/equipment performance (25%) 0 Flexibility (5%) 5 Overall responsiveness to RFP (20%) 20 Billing (5%) 5 Total 75 6 Vendor Xerox Speed 60/52/50/65 Pricing Month/ Annual 36-mo. Month/ Annual 60-mo. Color (6060) $ 7 654.60 $ 91855.20 $ 275 565.60 $ 6 064.60 $ 72 775.20 $ 459 276.00 Color (5252) $ 5 062.60 $ 60 751.20 $182 253.60 $ 4 027.60 $ 48 331.20 $ 303 756.00 Color (250) $ 6 635.00 $ 79 620.00 $ 238 860.00 $ 3 562.60 $ 42 751.20 $ 398100.00 B&W (265) $ 760.00 $ 9120.00 $ 27 360.00 $ 615.00 $ 7 380.00 $ 45 600.00 Proposed Color Equipment: 6060, 5252, 250 B~VV: WC265 E ui ment CPC rates include 30k color, no bow. BMW unit includes 50K copies. 6060 cpc $.1985 q p overages @ .0837/all bow .0137.5252 cpc $.1306 overages @ .0837/all bow .0137.250 c c $.1151 overa es .0731/all bow .013.7 265 c c $.0123 overa es .006. Notes Initial proposal did not include 36-mo. base rates. Rates faxed 4/17/06. MINIMUM REQUIRED FEATURES New equipment ®Yes ❑ No Adequate service levels ®Yes ❑ No 600 x 600 dpi ®Yes ❑ No Backup service plan included ❑Yes ®No Document Feeder ®Yes ❑ No Delivery schedule included ❑Yes ®No Paper sources ®Yes ❑ No Training plan included ❑Yes ®No Paper capacity 4,000 ®Yes ❑ No Company contacts included ®Yes ❑ No Connectivity 9 Gb ®Yes ❑ No References included ®Yes ❑ No PlanetPress ®Yes ❑ No Other requirements met ❑Yes ®No Fulfills minimum requirements ❑Yes ®No Billing: Semi-annual or annual reconciliation ®Yes ❑ No Electronic meter retrieval ®Yes ❑ No Color proposal only ❑Yes ®No Includes b&w ®Yes ❑ No DEMO RESULTS POOR GOOD EXCELLENT Copy quality 1 2 3 4 5 6 7 8 9 10 User friendliness (walkup) 1 2 3 4 5 6 7 8 9 10 Paper handling 1 2 3 4 5 6 7 8 9 10 User friendliness (networked)1 2 3 4 5 6 7 8 9 10 Toner recovery 1 2 3 4 5 6 7 8 9 10 Toner recyclable ❑Yes ❑ No Outside structure 1 2 3 4 5 6 7 8 9 10 Overall Rating 1 2 3 4 5 6 7 8 9 10 Comments and Recommendations: No demo. Initial proposal did not include base 36-mo. rates. EVALUATION TOTALS Pricing (40%) 20 Delivery schedule (5%) 5 Service/equipment performance (25%) 20 Flexibility (5%) 5 Overall responsiveness to RFP (20%) 10 Billing (5%) 5 Total 65 7 ~ _ ~ L 0 ~ ~ ~ ~ O ~ U~ ~ 0 3 ~ ~ ~ O N o - o ~ N ~ O 4 p~ N N O ~ \ 0 0 0 0 - ~ v ~ ~ ~ ~ ~ ~ ~ ~ O ~ \ \ \ \ - ~ O m ~ ao a~ ~ cn cnM~ O ~ H ~ G7 00 I` t0 ~ 3 ~ ~a o a r QO o~m~ o N ~ f~ Z NWT ~ o N ° c ~ C ~ ~ ~Y o ~ x ~ o a~ ~ o o ~ Z(l1N~a Z~ >aN _~o~v N ~ ~ N ~ y > ~ i ~ ~ 0 ~ o ~ o 0 0 0 o V= v 0 ~ ~ ~ - ~n c~ ~ ~ ~ ~ N Z Z m _ ~ - ~ ~ 3 Q cn c" 0 ~ - _ ~ a~ o ~ o c c c c - > > > > > ~ ~ = 0. ~ 0 ~ N 0 v ~ o ~ o ~ o 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ' O ~ ~ ~ ~ ~ ~ N N ~ ~ Z ~ ~ N ~ N O - ~ N ~ ~ ~ ~ - ~ o ~ 0 0 0 0 0 0 ~ ~ ~ O O fl, O lf) In O O 3 ~ ~ > > N O~ N ~ ~ (v ~ ~ Q i~ 0 ~ ~ ~ 0 N ~ 3~ ~ N ~ a~ 0 ~Z W V o 0 c~ v ~ N O Q N N N N 0 0 M N Q ~ V ~ 0 - ~ o~ ~ ~ W ~ ~ v ~ ~ o ~ o 0 0 0 0 ~ 3 ~ ~ ~ ~ ~ , ~ O ,v O O O O O i y V V ~ ~ ~ ~ 'L ~ ~ c~ ~ N ~ o ca ~ a ~ ~ N m a~ ~ A ~ ~ 00 0o ao ~ G ~ 3 N N (0 ~ ~ ~ ~ N N p~ ~ N ~ ~ ~ 3 ~G ~ ~ r O - V1 _ > (D In f` 0 ~ U ~ ~ ~ r r ~ ~ Z ~ o o ~ ~ ~ O O O N~ 'L = C N V M 3 0 o co ~ 0= a ~ N ~ O O ~ ~ ~ = V N ~ ~ ~ ~ .V 0 0 ~ O N fA G N~ ~ ~ N ~ (v ~ v 0 = N ~ ~ 0 ~ t ~ ~ C N a~ t0 Q N ~ 0 = G7 ~ = o ~ ~ N v N ~ a ~ L v a~ ~ L ~ ~ ~ ~ a ~ `'3 ~ 0 J (n U ~i U~ p N as ~ E N ~ a ~ ~C ~ ~ 0 t ~ ~ ~ N ~ ~ 3 N c~ V _ _ V ~ ~ ~ ~ N O 0 ~ C N ~ O ~ ~ ~ O O ~ O C O ~ 3 y 3 ~ c~ ~ O U O L V O o~ 0~~ a1 N O U O N O Q~~ 0== N ~ 0= ~ N O ~ O Q 0~ i~~ ~ L N ~,Q ~ V ~ Q L Q U U ~ v c3 ~ 0 i ~ 0 V V ~ 0 V ~ O ~ c~ a = 0 U ~ O ~ ~ ~ ~ ~ asa~0o~w as a~ a~ ~ a~ ~ Y ~ p ~ X ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p ~ X Reprographics Total Impressions ATTACHMENT 2 April 05 -April 06 YMinolta/ YXerox 2060 Y2060 Kyocera 92C Canon XRiso Total Color Bd~W Bd~W B&W B&W Black B&W Apr-05 43,518 1,491 7,504 15 22,817 5,282 37,109 May-05 17,522 0 7,678 121 37,297 45,096 Jun-05 65,734 19,320 0 216 38,715 58,251 Jul-05 8,471 5,626 0 35 19,963 25,624 Aug-05 52,795 16,567 0 93 40,882 57,542 Sep-05 41,235 26,636 0 0 18,573 45,209 Oct-05 19,235 8,431 20,948 0 53,681 0 83,060 Nov-05 27,488 13,956 31,280 2,364 29,238 32,191 109,029 Dec-05 22,002 20,547 14,199 834 25,331 0 60,911 Jan-06 22,348 1,495 35,040 5 33,765 0 70,305 Feb-06 15,766 2,502 35,982 0 65,818 2,680 106,982 Mar-06 40,490 8,669 57,547 3,400 87,625 548 157,789 Apr-06 32,500 10,815 64,034 170 116,215 998 192,232 TOTAL 409,104 136,055 274,212 7,253 589,920 41,699 1,049,139 AVG 34,092 11,338 22,851 604 49,160 3,475 87,428 With proposed system, we would eliminate the Kyocera and Riso units and move 2060 and 92C bc~w volume to new bow unit. ORDINANCE N0. AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR HIGH TECHNOLOGY PROCUREMENT OF A DIGITAL COLOR COPIER/NETWORK PRINTER FOR THE CITY OF DENTON REPROGRAPHICS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFP 3479-DIGITAL COLOR COPIER NETWORK PRINTER AWARDED TO IKON OFFICE SOLUTIONS, INC. IN THE AMOUNT OF $250,704). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for a high technology procurement for the rental of a copier fleet in accordance with the procedures of State law and City ordinances; and WHEREAS, the proposed contract involves a high technology procurement because copiers will be linked to software and data processing equipment; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER VENDOR AMOUNT 3479 IKON Office Solutions, Inc. $250,704 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals 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 Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-ORD-RFP 3479 AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Diana Ortiz 349-8224 ACM: Jon Fortune SUBJECT Consider an ordinance of the City Council of the City of Denton designating a depository for City funds for a term beginning July 1, 2006 and ending June 3 0, 2008, with three one-year extensions; authorizing the Mayor to execute a Depository and Merchant Services Contract with Wachovia Bank, N.A. as the primary Depository, authorizing the City Manager and other City employees to transact business with the Depository; and providing for an effective date. BACKGROUND This ordinance is to approve a contract for Bank Depository Services for the City of Denton. These services include: Account Services, Banking Center Services, Vault Services, Depository Services, Disbursement Services, Reconciliation Services, Funds Transfer Services, Automated Clearing House, Merchant Services, Check Guarantee, Check Verification, and Check Conversion, Information Services, Securities and Safekeeping Services, and Lockbox Services. Staff presented a detailed report on the RFP process to Council on May 2, 2006; this report is included as Attachment 1. The Bank Depository Services Contract exhibits that include Depository Pledge Agreement, Applications/Proposals, and Request for Proposal for Depository and Merchant Services are not reproduced for the Council packet due to their volume. They are on file in the City Secretary's office should you need to see them. PRIOR ACTION/REVIEW The Investment Committee met on February 8, 2006, and directed staff to pursue an RFP for potential savings. The Depository Review Committee unanimously recommends Wachovia for the City's bank depository for a term commencing on June 1, 2006 and ending on May 31, 2008. The Investment Committee met on April 19, 2006, to review the proposals. They unanimously approved the recommendation for Wachovia be forwarded to City Council for approval. Staff presented a comprehensive report to City Council at the May 2, 2006 work session. City Council directed staff to proceed with the Review Committee's recommendation, Wachovia. Agenda Information Sheet June 6, 2006 Page 2 RECOMMENDATION Award to Wachovia Bank in the fee amounts shown on Attachment 2. PRINCIPAL PLACE OF BUSINESS Wachovia Bank Denton, TX ESTIMATED SCHEDULE OF PROJECT This contract will be in effect for a period of two years beginning July 1, 2006 and ending June 30, 2008. The contract may be extended for up to three additional one-year terms at the request of the depository and upon approval of and sole discretion of the City through its City Council. FISCAL INFORMATION The related fees for this service will be funded from Finance Miscellaneous Account 160099.7882. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Agenda Information Sheet from May 2, 2006 Council Work Session Attachment 2: Exhibit 1-Bank Bid Fee Schedule 1-AIS-RFP 3482 2 Attachment 1 AGENDA INFORMATION SHEET AGENDA DATE: May 2, 2006 DEPARTMENT: Fiscal Operations ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding Request for Proposal #3482 -Bank Depository Services. BACKGROUND During a quarterly Investment Committee meeting on February 8, 2006, the committee discussed technological advances in the banking industry, the increased volume of credit card transactions, and lockbox operational issues. The committee directed staff to pursue the potential for improvements to the City's depository services. In a memo dated February 17, 2006, staff notified City Council that a Request for Proposal (RFP) was being pursued. Depository services are provided to the City of Denton by JP Morgan Chase Bank (formerly Bank One) under a contract term that began March 1, 2004. This contract contains three possible one-year extensions for 2006 through 2009. Bank Depository services vary from processing the city's deposits and check disbursements to safekeeping individual investment securities. Other services include wire transfers, automated clearing house transactions, on-line cash management, positive pay, change orders, account reconciliation, check imaging, etc. The proposals are summarized in exhibits one and two. These services are numerous and are grouped into several areas for ease in analysis. The categories are provided in the "Bank Bid Fee Schedule". They include the following service categories: Account Services, Banking Center Services, Vault Services, Depository Services, Disbursement Services, Reconciliation Services, Funds Transfer Services, Automated Clearing House, Information Services, Securities and Safekeeping Services, and Lockbox Services. This contractual relationship has an organization wide impact as it provides a means for the day- to-day financial operations of all City departments. Therefore, a committee was formed to assist with the assessment and refinement of services in a bank depository relationship, and, to review all bank depository proposals based on several criteria included in the RFP. Committee members include several core customers/departments that utilize and/or facilitate the utilization of depository services. The committee members include the following: Agenda Information Sheet May 2, 2006 Page 2 Lori Allen, Bank Reconciliation Accountant Charles Atkinson, Utilities & Customer Service Manager Maura Bilger, Utility Services Supervisor Thomas Josey, Municipal Court Administrator Amanda Green, Parks Department Business Manager Antonio Puente, Budget Coordinator & Accounts Payable Supervisor Mike Rodgers, Controller Diana Ortiz, Chief Financial Officer Lee Ann Bunselmeyer, Treasury & Tax Manager Randee Klingele, Treasury Services Administrator Anthony Caranna, Technology Services Manager Several institutions submitted proposals for the committee to review. Over several days, presentations were made by each depository candidate explaining to the committee the institution's reporting capabilities and its ability to meet the City's needs. Each committee member was asked to provide input during these meetings and to discuss the effects that each particular entity would have on his or her department. Committee members were also charged with the task of identifying potential ways to improve or automate current processes and assess whether a certain entity brought newer technology to the City. After reviewing all of the proposals and presentations, members assessed and ranked each candidate based upon the specific criteria set forth in the Request for Proposal. Except for the cost of service, Exhibit 2 demonstrates that the candidates were assigned a "Yes" or "No" answer to each criterion. Exhibit 2 also includes the points allocated based upon the number of "Yes" answers within each category. The points in the cost of service category were assigned based upon an institution's cost proposal, the lowest cost being awarded the maximum number of points. Using this ranking system, all points were assigned objectively without favoring one specific criterion over another. The proposal with the lowest pricing was submitted by Wachovia Bank. In addition, Wachovia Bank received the most points by the review committee due to the added value provided by additional services. Services that Wachovia provided in their proposal that were not included in other proposals are: 1). Lockbox on-line exception review and accounts receivable conversion (ARC); and, 2). Depository check verification, check conversion to automated clearinghouse (ACH -priority clearing over paper), electronic account reconciliation for positive pay, electronic notification of returned checks and on-line returned item review (NSFs, ACH, etc.). The additional services positively impact other cash management and customer service related functions. For example, the committee anticipates handling and delivering less paper checks which reduces human costs like return items, armored car fees, etc. Agenda Information Sheet May 2, 2006 Page 3 The primary objectives of the depository agreement are to: • employ a Bank that is both capable of providing high quality banking services and willing to be attentive to the City's money matters; • maximize the total dollars earned by the City on invested monies in order to be prudent and effective custodians of the taxpayers' financial sources; • maintain a good working relationship with the depository Bank; • adequately compensate the depository Bank for services provided to the City and to allow a reasonable profit to be earned, subject to competitive forces in the marketplace; and, • fully comply with the requirements of Texas Local Government Code Chapter 105, as amended, The Texas Government Code, Chapter 2257, and all other applicable laws. The initial contract will be for a term of two years beginning June 1, 2006, and ending May 31, 2008, and includes a provision for extensions up to three, additional years or five total years under the same terms and conditions of the contract, subject to the mutual agreement of both parties. PRIOR REVIEW The Investment Committee met on February 8, 2006, and directed staff to pursue an RFP for potential savings. The Depository Review Committee unanimously recommends Wachovia for the City's bank depository for a term commencing on June 1, 2006 and ending May 31, 2008. The Investment Committee met on April 19, 2006, to review the proposals. They unanimously approved that the recommendation for Wachovia be forwarded to City Council for approval. FISCAL INFORMATION The related fees are included in the Treasury Division budget. The proposal by Wachovia includes a total reduction in bank depository fees of approximately $10,000 from prior year (Exhibit 1 and Exhibit 5). Agenda Information Sheet May 2, 2006 Page 4 EXHIBITS 1-Bank Bid Fee Schedule 2-Bank Depository Analysis and Bid Key Points 3- 2006 Bank Depository RFP Mailing List 4- RFP #3482 -Depository Services Contract -Bank Bid Questionnaire 5- FY 2004-05 Bank Depository Fees Respectfully submitted: } h { 4f ~ . i ~ r~ Yrt _ _ Diana G. Ortiz Chief Financial Officer Attachment 1 CITY OF DENTON BANK BID FEE SCHEDULE APRIL 2006 JPMORGAN CHASE WACHOVIA WELLS FARGO Estimated Monthly Fee Charges/ Total Monthly Fee Charges/ Total Monthly Fee Charges/ Total Monthly Volume Per Unit Charges Per Unit Charges Per Unit Charges ~....r ~ .T . ~ . M ~ m.~.. .w 1 ACCOUNT Sf RVICES ~ ~ _ . w... _ . ~ . n, 2 FDIC Fee 5,262,614 3 Account Maintenance 6 10.00 60 00 ~ ~ 10.00 ~ 60.00 8.00 48.00 ~ ~ r _ . 4 BA Maintenance Master Account 1 _ _ ~ a- ~ ~ F~ _ n .r . x~.. ,.v ..w a ~ , ~ . . Maintenance Sub Account 5 - - - 5.00 25.00 m _ , ~ ~..M..... . itional DDA Statement 4 _ _ 7 _.x ~w _ . r~ ~ub. ~ . ~ _ w - 8 Total Account Services 60.00 60.00 73.00 9 _ _ r~..w._. 10 BANKING CENTER SERVICES ~ ~ ` ~ ~ ~ ~ ~ ~ ~ ~ 11 Branch Credits Posted 314 075 235 50 ~ 0.40 w 125.6.0 0 4000.,. 1 25.60 12 Branch Deposit Immediate Verify 13,142 - - 0.0015 19.71 r , ~ , ~m._ u._. 13 ranch Deposit Post Verify 1,345 - - - - 0.0013 1.75 e w _ w. _ _ . 14 Night Drop Armored Car Deposit 371,882 - - - 0.0013 483.45 . . ~ ~ , ~ _ r..,. . 15 Branch Order Currency Strap 1 g _ _ _ 0.0005 0.01 a. w~ ~ . ~ ~ _ 16 Branch Order Coin Roll 70 - - - 0.0800 5.60 .T , r e,~,.~., ~~.1 2.50~~. ranch Deposit in Non Std Bag 4 - - ~ ~ s 10.00 . .M~ , m~_ , ~ ~ ~ , . 18 ommercial Check Cashing 38 - - - 5.00 190.00 20 Tots( Banking Center Services 235.50 125.60 836.12 21 r.... , ~ ri ~ . ~ .a, ~ , . . . 22 VAULT SERVICES r~~ r~_.w~ti, ,ti ~...m. w. ~ ~r~_.. ~ 23 Vault Deposit 395 0.75 296 25 0.4 158.00 0.0400 15.80 N . . _ , r......,~ , . ~ .y~ . ~w,..... 24 Vault Deposit Dollars 673 - - - 0.0015 1,01 n .x. ~ E.. K~, .4. r....._ aa. _ ..rt K. 25 Vault Deposit Roller Coin 29 - - - - .0015 0.04 . , .z k. , s~ ~.,.LL.~ 0.0015 ~ 26 Vault Dep Non Std Strap Notes 20,829 - - - 31.24 _ s,. w_ _ . . ~ au t Deposit Std Strap Notes 142 - - 0.21 - 0.0015 . ~Y a~ . y . ~ ~A. n~. < < _.u.,~ , _~ti . ~ . _ _ ~_t~ 28 Vault Order Currency Std Strap 13 - - 0.0005 0.01 , . .y...... ~ ~ 29 Vault Standard Orders 6 - - - - 1.00 6.00 ...x ~ _ _w,N a~ . ,a 30 ault Order Coin Rolls 164 - - - 0.0800 13.12 _ ~ . t . m ~ o: ooos., , M 31 Vault Order Non Standard Strap 248 - - - 0.20 w. N . u ~ 32 Vault Activity Report Faxed 1 1 00 1.00 - - 5.00 5.00 k , . 5.00 y ....,....5.00...,, 33 Vault Deposit Adjustment 1 _ _ _ ~ ~,a. 4 ash Vault Base Fee 1 _ ~ ~ ~ ~ ~ : ~ A~ . ~ ,..k. . ew . . au t ash Orders-Touchtone 1 _ _ 0.7500 _ 0.75 36 n ~ ~ . ~~w. _ . ~ 37 Total Vault Services 297.25 158.00 78.38 38 _ ~~......._ti, nv. ~ . , . . ,,,,.w ~w: ~...~.~.z _ . .v.,_ „ 39 DEPOSITORY SERVICES _ u~ - ~ s _ 40 Credits Posted 1,069 010 106.90 010 106 90 0.40 427,60 . o~ ~ ....,r.~ . , . ~ 1 ep hecks On Us 3,557 0 05 160.07 0.04 142.28 0.06 213.42 n a ~..,r,~~. 42 Dep ChecksClearinghouse 2,672 0 05 120.24 0 04 106.88 0.06 _ ~ 160.32 n~. r ~ _ w x. t„~ . 43 Dep Checks Local City 1,370 0 05 61.65 0.04 54.80 0.06rtp ~ ~:82.Zp N _ ~ w~ v _ n r,~ 44 Dep Checks Local City Selects 126 0 05 5.67 0 04 5 04 0.06 7 56 . . . ~ r 45 DepChecks Local RCPC 12,385 0 05 557.33 0.04 495.40 0.06 743.10 . _ ~ ,.fi~ m.% ,r 46 Dep Checks Local RCPC Selects 5,650 0 05 254.25 0.04 226 00 0.06 339.00 w ~ . 47 Dep Checks Local Selects Other 39 0 05 1.76 0.04 1 56 0.06 2 34 48 De Checks InDistrict Ci 692 0 05 31 14 0 0 ~ ~ ~ ~ p ~ _ 4 ~ 27 68 0.06 41 52 , m.....,ti._ 49 ep hecks in District RCPC 413 0 05 18.59 0.04 16.52 0.06 24,78 W.. , w.M . w _ ~ 50 Dep Checks IN District Country 88 0 05 3.96 0.04 3.52 0.06 5.28 . 4 . ~ . , ~ ~F _ 51 Dep Checks National Frb Gity 952 ~0 05 42.84 0.04 38.08 0.06 57.12 w~ 52 Dep Checks National Frb Other 3,742 0 05 ~ 168 39 ~ 0.04 _149.68 0.06 224.52 ~ ~ _ 4.w.... ~ 53 Dep Checks High Dollar Group 30 0 05 1 35 0.04 1.20 0.06 1.80 ~ a~ v. wu_ ~ 54 Dep Checks Encoding 31,712 - - 0.06 1 902.72 ~ ~ w_,.._.~ ..r. ~...~...m v ,~r ~ 55 Dep Checks MICR Reject Repair - 0.15 - - _ _ _ _ . ~ ~ , .,~w 56 Dep Checks Deposit Corrections 3 - - - 0.06 0.18 V~_~ ..w~ w~ ~ ~ _ 57 Dep Return Items Returned 109 2 50 272.50 2.50 272,50 0.06 6.54 x ..w w . ~ w. n 58 Dep Return Redeposit Reclear 159 2 00 318 00 2.00 318.00 0.06 9.54 59 ~ _ w arar v,. e~...,~ 60 Total Depository Services 2,124.62 1,966.04 4,249.54 1 CITY OF DENTON BANK BID FEE SCHEDULE APRIL 2006 JPMORGAN CHASE WACHOVIA WELLS FARGO Estimated Monthly Fee Charges/ Total Monthly Fee Charges/ Total Monthly Fee Charges/ Total Monthly Volume Per Unit Charges Per Unit Charges Per Unit Charges =ti~ . ~u_.v u~..~v _~..w u. r.. ~ _ _ ~ 61 ...m.~,w ~ ~w. _...m .ro .~v . . 62 DISBURSEMENT SERVICES _ - , r~ v . ~.,~a - 63 Checks/Debits Posted 171 0.10 1710 0 08 13.68 0 05 8.55 . ~ ~ ~ . _4 M... v . , _ 64 Cont Disb Funding Transfer 45 - - - 0.05 2.25 W,~mM ~ ~ 65 Checks Photocopy Retrieval 31 3.00 93 00 1.50 46.50 2.50 77.50 66 Cont Disb Maintenance 1 75.00 75 00 1 00 50.00 15.00 15.00 67 Cont Disb Checks Paid 2 832 ~ 0.10 283 20 0 08 M......, 226 56 0 07 198.24 ..nr ~ . _N..... ,.m ..n _ w 68 One Net Cs Stop Photo Maint - _ _ _ _ _ _ M ~ . ~ 69 Commercial Check Cashing g0 - - - 5.00 450.00 r a. v, a. , , . N~,.r ~ ~ , zn , ti 70 Stop Payment - 10.00 10.00 - 5 00 - .~v . ~ -~.~.u~ ~ti. t... ~ r~, ~r ~ 71 nline Ck Svcs Image Maint 1 15.00 15.00 - - _ _ 72 Online Ck Svcs Image Retrieve 9 1.00 9 00 _ 1 00 9.00 0.01 ~ 0.09 .....~m . ~ nua~,K. _~.m. ~ r ~ , 73 nline Ck Svcs Image Retrieve - 1 00 - 1.00 _ _ r ~ . . _ m ~r.~..,...._ ,a ~ .m 5.00,._ . _ ~~~u 74 Cont Disb Subscription per Account 1 - - - 5.00 76 Total Disbursement Services 492.30 345.74 756.63 77 ~ ~ v _ ~ r_.. , ...m_ 78 RECONCILIATION SERVICES _ v . , ~ ~ a. , ,u ~ ~r. ~ .w . - 79 Full Recon With POS Pay Maint 1 - - - 20.00 20.00 80 Full Recon With POS Pay Items 2,813 0.06 168 78 0.04 112.52 0.03 _ 84.39 ~~~,w. . 81 Check Exception Return 1 15.00 15 00 - 1.00 1.00 n, r_ ~ ,w...... ~ _u 82 Image Capture Per Item 203 0.03 6 09 - - . e~. 0,.01 2.03 n~ ransaction Ima e Ca ture 2,611 0.03 78 33 g p - - 0.01 26.11 84 CD ROM Media Fee 1 ~ ...m, _ ~~1.00 ~ 15.00 ~ f ~ _ ~ ~M, s v.. ~ , 85 CD ROM Maintenance 1 30.00 30 00 - - 20.00 20.00 ~ _ . ~ ~ m.. n, ~ 86 CD ROM Check Safekeeping 2,813 0.01 2813 0 02 56.26 0.02 56.26 . ~ ~ w.. .v , . _ a. 87 Incoming Trans with Recon 30 - - _ _ _ _ . .m . ~~m.. r~..m ~ _ xN.~ ~ , r~ 88 ARP Reject Key Entry - 1.00 - - _ _ _ 89 ARP Manual Key Entry 1 , , _ ~°1.00 1.00.. ~ , x, ,,...r. ..a. , N. , ~ r ~ ~ ~ ~ . utgoing Transmission 1 - - 5 00 5.00 w ~ Fln am~~ _ 91 ARP Exception Items 2 1.50 3.00 - - 1.00 2.00 ,~r ~ . ~ n...M 92 ARP Checks Paid-Full 2,813 - - - 0.03 84.39 93 ARP Optional Reports 1 m.....~~_., . , , ~~,A.,v.. ~ ..m .ur.. ~.u ~ m.... ,.u _ , .r.ti ~ , 94 ARP Statement via CEO 1 _ _ _ _ _ _ Nr_ . 95 CEO Image Positive Pay Image 1 ~ ~.u... - - 0.10 ...n, ~.~~w . yx _ ,~m A~.~... _..u.~,...~, 96 Payee Validation Per Item-Standard 2,813 - ss - 0 01 28.13 w.. ~ . ~ ~u ~ w..... ~ .r,..., . 97 Positive Pay Maintenance 1 _ _ _ _ _ ~ ~ ~ ~ _ 98 ~ ~ _...M~, .m, 99 Total Reconciliation Services 330.33 183.78 329.41 100 ~ ,.....n~..~ N.........m. _ r. .~,H, 101 FUNDS TRANSFER SERVICES wri n- ine utgoing Wire 19 6.00 114 00 5.00 95 00 7 00 133 00 103 Electronic Fed Debit SIT 12 6.00 72 00 5.00 60.00 5.00 60.00 104 Electronic Book Debit SIT 2 4.00 8 00 ~ 5.00 10 00 ~ 5.00 10 .00 105 One Net Book Transfer 3 - - 3.00 9.00 1,00 3.00 ~.n _ ~ . ~M ,.,oF.a~ ~M~ ~ w. _ ,m 106 Incoming Wire 3 5.00 15 00 5 00 15.00 4.00 12.00 107 Fed Credit SIT 1 5.00 5 00 5 00 5.00 5.00 5.00 .~.w v~, a. , ~ z.. . ~ . 108 Wire Base Charge 1 - - 0.00 - 5.00 5.00 ~.~..r . _ ~ ~ ..n.. , .v.... . 109 Wire Template Storage 3 - - 0.00 0.50 1.50 110 ~ , r. ~..w ,~:.7 111 Total Funds Transfer Services 214.00 194.00 229.50 112 .....u..___,,~ ~ w.~.u.~... _.~.w _ .w. _ ._.,w...d~...u~ 113 AUTOMATED CLEARING HOUSE _ _w.~w~ ~_v - x~.~ , 114 ACH Maintenance 2 _40 00 ~ 80.00 35.00 70 00 10.00 2 0 00 115 Net ACH Debit Originated 1,385 0 06 83.10 0.04 55.40 0.03 41.55 ~r 116 Net ACH Credit Originated 1,939 0 06 116.34 0.04 77 56 0.03 5817 w ~ ~,w..~ ~u,.. r.~ , ao,.~ _ _ 117 ACH Debit Received 82 0.10 8.20 0.10 8.20 - .n.~~ ....m~,x. ~ F .~~,u, ~..M , ..e._ _ ~r~ _ . 118 ACH Addenda Records 7 0.03 0.21 - - _ _ ~u e.~_.,,._ 119 ACH Return 9 2 00 18.00 1 00 9 00 1 50 13.50 120 ACH Return Notification 9 ~ ~ ~ 0.85 ~ 7.65 1.00 ~ ~ ~,~k~.., ~9.00~~ ~ ~ .w_ M~ . ~ m., ~ ti,.~ A. 121 ACH Delete Item 1 - - - 5.00 5.00 122 ACH Fax Service 1 g _ _ _ _ _ ~ ~ K ~ .w w ~ . , ~ _ t 123 ACH Reversal Item 1 - - - - 5.00 5.00 Na_ . , ~ ~ u x . w N. ~u. ~ti~ . ,a , ~ M.~, wa, 124 Internet ACH Batch Release Fee 4 - - - - 3.00 12.00 125 _ 126 Total Automated Clearing House 313.50 229.16 155.22 127 2 CITY OF DENTON BANK BID FEE SCHEDULE APRIL 2006 JPMORGAN CHASE WACHOVIA WELLS FARGa Estimated Monthly Fee Charges/ Total Monthly Fee Charged Total Monthly Fee Charged Total Monthly Volume Per Unit Charges Per Unit Charges Per Unit Charges 128 INFORMATION SERVICES - ~ ~ _ F ~ . ~ ~ - . n .u r ~~rv w ~~a~~ ~ ,.vv. ~ _ . m..~ _ ~n . _ _ ..r„ _ - 129 TOC Previous Day BAI Maint 1 - _ _ _ _ ~w~, o . ~o~,. ~ .~m ~..F ~ ,M m,~ 130 T Intraday BAI Maintenance 1 - _ ~ ~ ~ w. . . ~aa~ m . , . .M.., 131 TOC Previous Day BAI Acct 5 15 00 75 00 10.00 50.00 10.00 50.00 ~.o... , ~o b v~~ Kr_wa ~ _ o~ 132 TOC Previous Day BAI Item 4,549 0 06 272 94 0.05 227.45 0.05 227.45 r..........~.r ~..u m~.. ~ w~,._ ~.m, 133 TOC Intraday BAI Account 4 15 00 60 00 10,00 40.00 10.00 40.00 _ .m.w.._... 134 TOC Intraday BAI Item 3,245 0 06 194 70 ~ 0.05 162.25 0.05 162.25 E,. ~ ~ b,~ti,~ .~..m ~ ~ ~ _ 135 CEO Event Messaging Service (Email) 43 - - 0.10 4.30 _ ~ ~w~. _..._0.30 _ . _ 136 CEO Search 1 - - - 0.30 137 ~ M_ . ~ . 138 Total Information Services 602.64 479.70 484.30 139 uti .M.. ~ ~~w „ , . , ,.~,ti . ~ ....e_., .,n~ , . .~~ti,. 140 SECURITIESISAFEKEEPINGSERVlCES 141 Coupon (Interest) Payments 10 - ~ ~ ~ _ ~ ~ _ ~ _ .m w. . u.._.~..... 142 Maturities 2 25 00 50 00 12.00 24 00 35 00 70.00 . ~,T.... , u _ _ ~ , . 143 .Holding Fee- Book Entry 100 3 00 300 00 2.50 250 00 8.00 800.00 .w ~ M,. ~ _ _ ~ ~K . 144 nline DepositlWithdrawal 6 25 00 150 00 13.00 78.00 35.00 210.00 ,..~.a~w~ . .r_. . e 145 Manual DepositlWithdrawal 1 45 00 45 00 10 00 10.00 - .......r~ , ~ n ~ ,u ~a ~ _ ~ ~ . ~ . . _ _1 r 146 Monthly Account Maintenance 1 - 10 00 10.00 147 Security Pledge Fees 6 20 00 120 00 18.75 112 50 20 00 120.00 w,n......~r ~ , 148 149 Total SecuritieslSafekeeping Services 665.00 464.50 1,220.00 150 151 LOCKBOX SERVICES . ,~~w . ..,M ~.m. v r, , . ,..u 152 Account Maintenance 2 250.00 500.00 175.00 350.00 200.00 400.00 M. ~ ~ ~ _ ~..v.~_ _.rv ~y....a ~._.w _ . , _ w 153 Image Capture Account Maintenance 2 25,00 50.00 250.00 500.00 - ..~A ...w ~ , .w._.... w .nw 154 Payments 17,782 0.230 4,089 86 0160 2,845.12 0 225 4,000 95 .~.w, , , . ~ ~ , . r a..~ n.,r,~.. ~ 155 Mu tiples 4,502 0.,210. „ .945 42 0.100 w 4,50 20 u„ 0 300 1,350 60 156 Correspondence 109 0.210 22 89 0 500 54.50 0.260 28.34 w. u , w.. ,.F.w r . ~ M ~ . ~,._t. a...~ . p g 7.04 0.022 980.50 0.020 891.36 158 ChecklCou on Ima e Teransmission 41 000 ~ 0.,030 1,33 p g , 0.030 , , . 30 00 0 022 ~ 22.00 0.010 10.00 ,.r., 159 Cash Processing 3 10 00 30.00 2.50 7.50 8.000 24.00 ,LLn Ta _ ~ . ~.~x fl~ 160 Stop Payment File Rejects 3 0.200 0 60 0.750 2.25 0.260 0.78 s.... n. ~w „ o~. , ,...~M,,,.... n,. 161 Unprocessable Items 105 0.250 26.25 0.120 12.60 0.280 29.40 . ~...,r w A . ~ . 162 Check Clearing-Deposited Items 17,782 0 045 80019 0 040 _ 711.28 0.060 1,066.92 . , ..n ~ , . ...zo~ . ~ aR_ 163 Items Transmitted 17,782 - 0.003 44.46 0.010 177.82 . . ~ w u,_ t ..v w ,...F v.wn_ 164 Dail File Transmission 21 20 y 0 00 10 00 210.00 - 450.00 m ..a...,.~ 165 Daily Image Transmission 21 25.00 25.00 - - - 225.00 w ~.y~ a ~ ri~ . w~~~ 166 Deposited Items 42 - 1.00 42.00 0.400 16.80 _,w . ~N_~.....~.n . ~u .._v. 167 Stop File Monthy Maintenance 1 - - - 250.00 - v...._. h ~ ~ . d.. ~.m.,w . . w... r„_ . v. ,.N,. ~x n_ . 168 Courier Mail Prep 2 25,00 50.00 - - _ _ _ w..~, v., , ~ _ n~, . _.m rn.. 169 Mark Sense Dection 200 - - 0.010 2.00 - - 170 Secure Document Destruction 17,784 - ~ - 0.001 ~~j~~ 17 78~ ~ ~ ~ ~ ~ ~ _ 171 Wholesale Lockbox Maintenance 1 105.00 105.00 ~ ~ . ~ w.~~ ~._e.~ . , , _..~=..w y.., a... _ . , , . . ti~r.. ,w . ~ r va ..~w. e.: 172 Stop file, Account Validation File, ARC Opt-out . 2 ~ r ~ w ~ . ,r ~s~~. .w. ~ N.v A~. 173 Inbound Transmission 3 - - - 225.00 675.00 ....v.~ _ .,u ..e.~ s.,,......... w.. ~,N ro . w.. ~ 174 Stop File Per Item 100 - - - . 00 70.00 uu~.. ,.s~ _ ~ , ..,,~.._.w.~. 175 Early Transmission Gut-off 2 - - - - 125.00 250.00 176 177 Total Lockbox Services 8,212.25 6,502.19 9,416.97 178 3 CITY OF DENTON BANK BID FEE SCHEDULE APRIL 2006 JPMORGAN CHASE WACHOVIA WELLS FARGO Estimated Monthly Fee Charges/ Total Monthly Fee Charges/ Total Monthly Fee Chargesl Total Monthly Volume Per Unit Charges Per Unit Charges Per Unit Charges 179 MONTHLY RECAP OF FEES 180 181 DEPOSITORY SERVICES _r r . .r, ~ . ~.x 182 Account Services 60 00_ w 60 00 73 00 ~ti ,v.,.~..., _ u .r~.m . v..... , ~ _ . . 183 Banking Center Services r~ . . , ~ 235 50 125.60 _ _ ~83612 184 Vault Services 297.25 158 00 78.38 .e~ ~ v.~. ~ ~ . 185 Depository Services _ ~ ~ _ , 2,124, 62 ~ ~ _ 1, 966.04 4,249 54 a 186 Disbursement Services 492.30 345 74 756 63 ~v T. ~,n.._ ~..M,~~ wr. r. 187 Reconciliation Services 330.33 183.78 329 41 . N... ..r. ~ . e ~ ,5m... ~ _u . t., ,n m~ . K,... _M, 188 Funds Transfer Services 214.00 194 00 229 50 ~r ~ ...m,,. , a... _ W. , ~ ~ 189 Automated Clearinghouse 313 50 229.16 155 22 w~_.a~~ w~..._ ~ . .v. _w n. 190 Information Services 602.64 479 70 484 30 ...u.Ma r... .a~ m w.... ,x mx~ . ~ 191 SecuritieslSafekeeping Services 665 00 464.50 1,220 00 192 193 Total Depository Services 5,335.14 4,206.52 8,412.10 194 195 LOCKBOX SERVICES 196 Total Lockbox Services 8,212.25 6,502.19 9,416.97 197 198 Total Monthly Fees 13,547.39 10,708.71 17,829.07 199 200 201 202 203 ~..rw,.~_ , ~ m,. 204 ANNUAL RECAP OF FEES 205 ,ti_r m . _ . , , v~~T.... _ , r ..~A,n , ~ ~ 206 DEPOSITORY SERVICES ti~, r. , ~ . nti_., , . ~ t ,.n.w,_ 207 Account Services 720 00 720.00 876 00 208 Banking Center Services 2,826 00 1,507.20 10,033 41 ~ , r ~ t~. ~ 209 Vault Services , y ~ .3,567 00 wm _ , ~w, 1,896.00 940 61..~. 210 Depository Services 25,495 44 23,592.48 50,994.48 ~ ~,w. _ . , , , , _ s~ ~.P _ .nmo 211 Disbursement Services 5,907 60 4,148.88 9,079.56 , w,x.,a~ . , ...~w,, ~ , 212 Reconciliation Services 3,963.96 2,205.36 3,952.92 ~_.,a.... . ~ . e«. ..a~ a , 213 Funds Transfer Services 2,568.00 2,328.00 2,754.00 . 214 Automated Clearinghouse 3,762 00 ~ 2,749.92 1,862.64 u._ 215 Information Services 7,231.68 5,756.40 5,811 60 216 SecuritieslSafekeeping Services 7,980 00 5,574.00 14,640 00 217 Total Depository Services 64,021.68 50,478.24 100,945.22 218 ..~r ~ ...N_.._ Mw 219 LOCKBOX SERVICES 220 Total Lockbox Services 98,547.00 78,026.22 113,003.64 221 222 Total Annual Fees 162,568.68 128,504.46 213,948.86 4 s:ID~r Doc~rnentslDrdir~a~ces1~612~4~ ~rditrance depository co~tract.dac ~RDINANE N~. A~N ORDINANCE ~F THE CITY COUNCIL ~F THE CITY OF DENTIN DESICNATIN A DEP~SIT~~Y FAR CITY FUNDS F~1~ ~ TERM BEGINNING JULY 1, ~a~ AND ENDING .TUNE ~a, 20a, wITH THREE GNE YEAR ETENSI~NS; A~JTI~GRI~ING THE MAYGR TG ECTE A DEPQSITGRY AND MERCHANT SEI~~T~CES CGNT`RACT wIT`H wACHGVIA BAND, N.A. A THE PRIlI~ARY DEP~S'GRY; AUTHGRfNG THE CITY MANAGER AND GTHER CITY EMPLGYEES TG TRANSACT BS~NES WITH THE DEFOSITGRY; AND PROVIDING FAR AN EFFECTIVE DATE. WHEREAS, the City of Dentan has natif~ed all the banking institutions within the City of its intent to receive applications for the performance of depositary services and the custody of City funds far a term beginning July I, 2a0~, and ending on June a, 2a~S, with three possible one-year extensions of the Contract not to extend beyond June ~a, 2a l l , in accordance with the re~uireents of Chapter 1 ~ of the Focal Government Cade; and WHEREAS, the City of Denton has received an application for depository services from a baring titution desiring to be designated as the primary depositary far bath operations and payroll accounts and standard baring services as requested in the proposal; and WHEREAS, after such. opening, the City Council found, an the basis of the bid application, that wchavia Bark, N.A~ has submitted the application offering the mast favorable terms and conditions to the City for the handling of such funds; NGw, THEREFORE, THE COUNCIL GF THE CITY OF DENTON HEREBY ORDAJN: SECTION I. The wachavia Bank, N.A. is hereby selected and designated as the primary depository for operations and payroll accour~.ts, banking, depositary, and merchant services beginning July 1, 2~~~, and ending June ~0, ~~08, with three passible one-year extensions ofthe Contract through June a, 2~ l l , in accordance: with Chapter l a5 of the Texas kcal Government Cade. The Ma or, ar in his absence, the a ar fro Te is authorized to execute a osito ~ y Y ~ ep contract with w~achavia Bank, N.A.~, substantially in the farm of the attached Contract. SECTION The Contract, including all attached exhibits, with this depositary having its aff~ce and place ofbusiness in the City of Denton, Texas, shall be attached hereto and made a part hereofs and the same is hereby in all things approved and accepted. The City Manager, or his designee is hereby authorized to execute any other documents and agreements an behalf of the City that are consistent with the services authorised by the Contract. SECTION The fallowing af~c~als~ Howard Martin, Interim City Manager; Jan Fortune, Assistant City Manager; and the Oity's Chief Financial Dfcer, are hereby authorized to transact business with the above listed institution regarding daily banl~irlg transactions ar investments for the City of Dentan. ~ ~ ~;IOur Docu~nentsl0rdinances1061~~Qb ~dinanc~ depository contr~ct.dac ~ t .w ETI~N~ 4, The City ~Vlanaer is ~~thor~~ed to rriake the e~~end~ture of funds and fees anC~ the ~Ct~~~s ~ 1r1~1C~.~eC~ 1r~ ~tta~CheC~ ~orlt~aet and ~~h1~1t~. SETI~N ~ ordnance sha11 became effective immediately upon its passage and ppro~a.1. PASSED AND APPROVED this the dad of ~~0~. PERRY McI~E~L,~, NIAY~R ATTEST: ~ENIVIFER SALTERS, CITY SECRETARY BY: APFR~'~ED AS T~ LE.AL ~'~RNI; EDWIN M. SNYD CITY ATTORNEY BY: Page ~ i s:l~ur Do~urr3entslConf~acts1~61204~ Depository Contract.dac ~~PO~T~RY' ~vI C~NTAGT STATE GF TEXAS ~ RUNTY OF DENTDN ~ ARTI~I~ 1. L~TI~N AND TERM achovia Bank, N.A,, hereina~er referred to as "Depasitary" at 19~ auth Loa 2S8 Dento . ~ ~ Texas '~G~~S, a dank located m the state of Texas and the deposits of which are insured b the Feder ~ al Deposit insurance ~arparat~on; was duly selected in ca~pliance with the terms and provisions of Tex. LQC. Gov't bode h, ~ D5, Tex. Loc~ Gov't bode l3 I.90 Tex. Tax hod § e ~~.a~, and all other applicable Taws, by the pity Council of the pity of Denton located in Denton County, Texas hereina~er referred to as "it' to sere as the depository of the finds of 1 . The action of the City Council was duly taken and the Depository xs to sere ursuant to this ~ . . 4 Contract for a pe~.od of two years, begmmn dune 1, ~a~~ and enchng May 1, 2~aS, Provided, however, that this contract maybe extended for up to three additional one-year terms at the request of the Depository and upon the approval of and sale discretion of the i thran(G~ilfl~ its . , r iJ City ~aunc~l. Depos~tvey also agrees that the qty shall have up to ~a days from the date the ~.ty COUnc11 designates ~t as tb. 1ty's depositary to transfer all municipal funds wavered b this r ~ r Contract from its current depository to Depositary, TJnder na ccumstances shall ~.e term of this antract extend beyond May 1, 2~i I or the maximum turn allowed b law. It rna be sooner * r ~ * ~ . tern~u~ated by Depns~tary s faalure to adhere to all re~u~rements of this Contract. i AT~L~ ~BL~GATI~N ~F DFI'D~I'~~Y A. The Depositary shall pledge to the City and deposit in safekeeping and trust with another bank acceptable to the City approved security as deed ar referred to in Tex, Loc. Gov't Code ~I~5.a3I, seq. and the Collateral for Public Funds Act, Chapter Act, ~ha ter p 2~7 of the Texas Government Cade, in an aount ~f market value sufficiently ad uate to r protect all funds of ~t on deposit with Depositary during the term of this antract, but not less than that required by Tex, Loc. Gov't Cade 10~, Tex. Gov}t fade Z~57.~2 the i 's . ~ Investme~.t Policy, and all other applicable laws. Depositary shall execute the D osito Pled e . g Agreeent attached to s ~antract asExhibit "A" and made a part hereof as if written word for word herein. All deposits, including accraed interest, are to be full collateralized in accordance y with the above terms. Depository will be responsible far determining daily ~f the collateral is sufficient in accordance with this Contract, the Depositories far unici al Funds Act the p Collateral far Public Funds Act, and all other applicable laws. Pledged securities will be listed as an addendum tv the Depository Contract in Ex.bit "A". Pledged securies will be held b the Feder y al Horne Loan Bank m ~o~nt custody nth the City and the Depositary, Provided further that: 1. The approved securities shall be of the kind defined ar referred to Tex. Loc. Gov't Code ~ ~ ~5,0~ ~ and chapter ~~7 of the Texas Government Cade and acceptable to the City, and the amount pledged shall be total market value as directed at any time by the City Council in accordance with standards acc table to the i • r + Counc~i and as required by applicable laws. i ~:~Uur DocumentslC~ntract~l~b12~[lG D~pos~tory Contract.~oc 7, Any closing or failure of Depositary, ar any event deemed ~ Ci to . y tY eonst~tute a closing or failure of Depository, shall be deemed to have vested full title to all approved securities pledged pursuant to this Depository Contract in Ci Ci is . hereby empowered to take possession of and sell any and all of c~ fed ed a roved P P~ secur~t~e, to the extent not forbidden by law, whether safei~eep~n at mother bank or . . m possession of City, and Cxty is specifically sa empowered by Deposito . S. Depository agrees that it will act, and the City hereb deli ates y ~ Depository, as its prixnary depository, with both parties agreeing that all funds herein shah be deposited and invested in compliance all applicable local, state and federal laws including, but not limited to, the Depository for Municipal Funds pct, Ch ter I05 1! 5 . ~ + ~ § COI 105,092 of the Texas overnnient Code .A,T.C,.}, the Collateral far Public Funds Act, Chapter 2257, X2257,001-2257.08 of the Texas overninent Code ~v.A,T.C..}; the Public Funds ~n~estn~ent .Act, Chapter 225, ~225~.Q01-225~.i04 of the Texas Cavern~nent Code .A.T,C..}; the City Charter and Code of Ordinances of the City ofDenton, Texas as amended; and the vestment Policy ado ted b the C1 . It ■ P y ty ~s also the mtentton of the parties hereto, m canforrnance with the above-mentioned laws s that the City shall remain at maximum. flexibility to invest its funds rudentl to earn the p y highest rate of return consistent with the City's investrn.ent Polio and all other a liable y ~P requ~ren~ents cf the haw. ~ Depository shall, in return for the City deposit~n its funds in the . ~ ~ i F Depository, pro~.de professional ba~.rig services as an independent conlractvr far the charges as set Earth in the Depository's application dated March 7 200 which application is attached hereto as ~xh~b~t and made a part of this Contract for all purposes. 10. Depository shah perform all those basin serves set forth ' ' 1'. Li ?7, ~ F ~ ~ ~ ~h I l Ebit , 1tS appllcat~on attached hereto as ~'xh~.b~t LL~717 and the Cf 's ~e uest for + • ~ A.ppl~cat~ans for the Perfvrmau.ce of Depository services, which is attached hereto as exhibit "La" and made a part of this Contract for all purposes. ~ case of conflicts between this Depositary Contract and the aforementioned exhibits or in case of a conflict between such exhibits, the conflict will be resolved as follows: First, this D osita Contract controls o ~ ' . ~ ver all exhibits, second, ~xhib1t A controls over Exhlb~ts `B and LiC9f}third, ~xhiblt iGCf9 CO~trOl~ Aver ~1~..LLlb~ts 11. Depository shall ~a~ beep the municipal funds covered b this Contract . . y x ~ perform the dudes and abhgatlons ~mpased on the Depository 6 law anal under this y Contract, ~c} pay on presentation all checks drawn and persanall able on a de~.and . yP deposit account with the Depository, pay all transfers properly a able a~s directed b ~ pY y e designated employee or after chasm by the city, fie} provide and maintain securi at the level required by Tex, Gov t Code Ch, 2257, and l} account for munici al funds as r aired b 1 p eq yaw. Page ~ of 7 i S:1Q~ ~c~tslContractsl(}612~~6 De~posi#ary Contrac~.~~c ARTICLE S~C~'I'Y Subsequent to the execut~an date of this Contract should the ~ . an~aunt of deposit exceed that v~hYCh is initially pledged, said amount v~il1 be increased and the . . ~ safekeeping receipts of the add~t~onal secuntles ill be provided m accordance ,Para a h A ' p ofAr~ele 2 herein. ATYCLE 4. ~DDIT~~I~AL DEP~SfI'IES This Contact sha11 be non-exclus~~e and the: Ci i . ty reserves the ~.ght to designate secondary ar ad.ditianal depasita~ies and ta, if necessary, enter rota De vsito ~ ry agreements far ~ other City funds nth other banks ~ Denton County ar ad acent caunt~es v~hene ~ • ~ Ver the interests of the City may demand. The City also reserves the right to contract with other fin. . anc~al ~nstrtu~.ans ender separate DntCaCt 1f the C1ty determines t~lat add~tlonal an~lal erV~ices ~ nec ' administration callect~ essary the on, investment, andlar transfer o#'municipal fends. ARTICLE 5. LEVEL ~F CDPETEC~' Depository and its avers and employees ~ erforn~in services ~ g hereunder agree that . the performance of these depositary services, they shall be res ansibXe to ~ the of COlnpetenCy and shall use the same degree of skill and care as resents ~n.ai~t ' , . p y a~n.ed by other practicing prafess~anals perfaing the same ar sii~.ar types afwark in the State of Texas. ARTIL Il~DE~FICTI~N Depas~tary shall inden~.fy and hail harn~.es the it its afters a . , + y~ ,gents, and eplayees from. lass, damage, liabrhty, or expenses an account of an clahns dan~a e ' ' . . y t g s, ar in~ur~es, whatsoever to all persons ~.cludin employees of Deposita and Ci includin ry tY~ thaut limitatran breach of the Year arrant set forth in Aide ~.B., which n~a arise fro ' anti Y many neghgenee, error, ar sslan m the performance of Contract an the p of D asita or an ' obli atians ar rY y breach of its g du~.e under this Contract, and Depository shall defend at its a~vn ex suits or other proceedin s brae t a ~t the ~ pie' any City, itS af~icers, agents, and em 1o ees and an ex eases t P ~ ~ shall p Y Y P a sa~hsfy all judgments ar lasses ~hatsoeVer .ch n~a be ~n rendered a axnst the erred or m ar the City. ARTICLE 7'' EDIT All exhibits attached to this Contract axe consider . ed to be integral parts of scene, and Deposrta urill fully comply v~ith the terms and conditions of same. ARTICLE S, VEN[~E Far purposes of deternang venue and the lave over.~n . g s Contract, services performed under s Can~act are perfai~ned in the City and Coon of Denton . . ~Y , Teas. any sort or dispute ;regarding s Contract shall be deeded and.. settled in a State or Fed . eral court of competent J sdretian sittinng m Denton County, Texas for State courts and si ' . t~.n in the Federal Eastern District of Texas, Sherman DiV~ision, fvr Federal courts. Page 4 of ~ :14~r Doc~mer;tslont~acts10~4b Depository ~ont.doc AITICI~E 9. C~~"I'ERPART 'T'his Contract nay be executed any ~u~nber of caunte ark rp s, and each such counterpart shall be deemed for all purposes tc have the sane effect as if all arse p to this Can~ract had signed one and the sauce signature page of Contract. ARTICLE I ~'ERIVIINATI~N 1~. The City and ~ osito shall as a . matter of x~ght thaut necessity of default on the part of City ar I~epasitary, terminate this Ca~.tract at an ' ' • y tune by ~g the City or Depos1tory 9~ days pnor notice v~ritin . should ~e vita . , p ry default ~ any of Its abl~gatians to C1ty under ~ Contact, City shad give De osita notice ofd ' ' • • efault r1.t7r~.g, and Depas1tary shad have ~ ~ days franc receipt of the notice to correct the defaul . t. I Depository fads to remedy deft v~ithin this time, City, at its sale option, Ana cancel this ~ Contract and ~epos~tary shall be fully xesponsrble to pay 7ty any and all darns es caused b its defa . y ult. Depositary shall he paid for all services satisfactorily performed ~n accordance with this Contract up to date of any teru~.nat~on hereunder. Depository's Idling of a etitian in ham t • p p cy or be~.g declared insolvent by a federal baud regulatory a enc shall he can ' ' g ~ s~dered a matenal breach of th7s Cantra~ct. ~Vathing herein shall deprive ~ of an other reme ' . , . tY y dies ~ lave and equity to enforce the terms, cond~tYOns, and vbllgation of s Contract ixaclu ' , ding, but not lusted to, xnst~tut~n suit for damages ar, in the alterna~ve, s ecic erfarnr ' g ~ ~ au.ce of Contract. B. In the event of terina~an, D osita shall . xy fully cooperate with the City to transfer all ~numc~pal funds to the n~ depos~to deli aced b the ' ~ City. ~T~CI~E ~.l 1. ~~TICE All notices required under this Contract must be ~ven b • ~ • y cerfied mail or re.stered mail, addressed to the proper party, ar ~a fa~csimiley at the follow~n ad g dresses or fax nos.: CITY: DEPCIT~ R.Y. Inward l~Iar~in, Ci 1Vlana er ' tY Eric ~.I~ara~ City ofDenton ~ • en~or ice President Z 15 E. cIney 'V4~achovia B anl~, ,A. Denton, Texas 7~a1 50Sa ec ' ~ p t.m Dave, T5~~5 lea. 940~82~859 Suite Spa East _ Addison, Texas ?a~1 fax No. 97~~419-~ l3~ Either party nay than a the address ar f F • • a~ no, to which nonce sent by g~v~n ~.e other nonce of the nevi address in the manner ' ' • g PAY provided ~n ~ section. gage 5 of 7 S:1D~r 1~ocume~t~ICo~trac~s14b124(~~ Depositary Contract.~ac ARTILY I~. ~I~I~'I' Depositary sha1~ not assign any interest i~. this on~tract and shad, not tr • ansfer any interest ~ is Contract whether by assign~net, novat~an, or otherwise without . . ~ e prior wntten consent of e City thereto. ~RTI~L~ I3. BI~DIl~ ~F~T This Contract shah be binding upon and enure to the effect of the ' . . , ! pares hereto and their respective hers, executors, adm~n~strtors,lega~ representatives, successors and ' err~itt ~ ass~g~s where ed by this Con~ra.ct. ARTILY I4. ~~T~ AC~R~EE~T This Contract and the attached exhibits constitute and e~ ress the . p enure agreement between the parties and shall not b arn.ended or added except by written trnent si artier. fined by bath p ARTICLE I ~~JT~C}~T`y CONTRACT Depository hereby does represent to the City that its after or officers who ' have executed this contract have fulr and compete capacity and authori to execute a bindin ` . _ g Depas~tary contract which rs effective, far ail purposes, as to aiI services to be rovided and aI . ~ ~ tens and obligations under this Contract. ART~CL I d, DUPLICATE ~RIIiVAL This Contract is executed by the pity .and the D os~ta ~n three co xes ' , ep p , a~~ of which sha~~ be deemed ar~mai. IN wITNE of which this autract has been executed effective this the of by the du~~ authari~ed officers of Depositary and Ci CITY OF DENT~~T: . Ferry . iVlceil~,lVlayor gage ~ of7 :laur Doc~ment~lContracts1A612006 Depositary C~ntrac~:~oc ATT~~`: rENN~E~ AI.,TE~, CIT'~ RETARD BY: AP~~~I~ AS T~ LEGAL FARM: EDP ~VI. SAD QTY AT~ RNEY EY: ~iOVIA BANS, I~iA, ~r~c L. I~ra~ e~o~'~te Pra~den~ en~ar ~talt~ans~i Ma~.a er P ~ ravernment In~i~.o~a1 Bang gage 7 a~ 7 EHIB~T A - T~ TAE DEP~ITORY ERIE ~~~TRAT B~'E~N TAE ~I'TY ~~~~N ANSI ~VACH~VIA ~ANI~, ,A* Exhibit A -Depository Pledge Agreement Exhibit ~ - ApplicationslProposals Exhibit bequest for Proposal for depository and Merchant Services *The Exh~blts are not reproduced for the council packet due to their ~rolue, 't'he are ors ale in the pity Secretary's office and are incorporated herein b reference. 1 Additionally, copes are made available to the pity council during the council ~neetin . g S:lOur DocumentslMYSCellane~usl~G1~XHIBITS A - ~.doc i AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the rental of a self containing above ground fuel tank for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3500- Rental of Self Containing Above Ground Fuel Tank awarded to lowest responsible bidder, Sun Coast Resources, Inc., in the estimated amount of $250,000). BID INFORMATION This bid is for the annual contract to supply approved self containing above ground fuel tanks of various sizes and low sulphur diesel fuel filling services. These tanks allow for the dispensing of fuel at remote construction sites involving City work crews. This contract allows for on site fuel availability, which eliminates the need to bring equipment back to the service center for refueling. The mark up over OPIS Rate (cost of fuel) covers the cost of the truck rental. RECOMMENDATION Award to Sun Coast Resources, Inc. in the estimated amount of $250,000. PRINCIPAL PLACE OF BUSINESS Sun Coast Resources, Inc. Houston, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract that can be renewed for additional one-year periods with all prices, terms and conditions remaining the same. FISCAL INFORMATION This item will be funded from account 350104442.1350.40100. Agenda Information sheet June 6, 2006 Page 2 Respectfully submitted: ~ ~ . ~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AIS-Bid 3500 Attachment 1 BID # 3500 DATE: May 2, 2006 Bid for Rental of Self-Containin Above Ground Fuel Tank ITEM QTY. DESCRIPTION VENDOR Sun Coast Resources, Inc. Principle Place of Business: Houston TX 1 Fuel Tank: a. 1 1,000 Gallon Above Ground Fuel Tank with No Char e Containment Pan g b. 1 3,000 Gallon Above Ground Fuel Tank with No Char e Containment Pan g c. 1 5,000 Gallon Above Ground Self-Containing No Char e Fuel Tank g d. 1 8,000 Gallon Above Ground Self-Containing No Char e Fuel Tank g e. 1 10,000 Gallon Above Ground Self-Containing No Char e Fuel Tank g f. 1 12,000 Gallon Above Ground Self-Containing No Char e Fuel Tank g 2 Fuel Tank Add-Ons: a. 1 High-volume 12 Volt Pump $395.00 b. Pumps gallons per minute 23 c. Minimum tank size 330 Gallons d. Electrical power required? Y N No e. 1 Fuel Level Indicator for Off-Site Monitoring No Charge 3 Tank Transportation and Installation Char es: if a liable a. Delivery Fee $400.00 b. Installation or Transfer Fee No Charge c. Permit Application Fee $200.00 4 Refueling Charges for Tank Quoted Above: Fuel markup over daily posted OPIS wholesale .10/3000 gal.* a. rate (in cents per gallon) *Prices quoted on .08/5000 gal.* minimum order .07/6000 gal.* b. Refueling delivery charge $100.00 Shipment can be made in days from 1 receipt of order. Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the Yes City of Denton? YES or NO or N/A Page 1 ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RENTAL OF A SELF CONTAINING ABOVE GROUND FUEL TANK FOR THE CITY OF DENTON STREET DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 3500-RENTAL OF SELF CONTAINING ABOVE GROUND FUEL TANK AWARDED TO LOWEST RESPONSIBLE BIDDER, SUN COAST RESOURCES, INC., IN THE ESTIMATED AMOUNT OF 250,000). 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. 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 3500 Sun Coast Resources, Inc. Exhibit A SECTION 2. 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 pur- chase 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-ORD-Bid 3500 Exhbit A BID # 3500 DATE: May 2, 2006 Bid for Rental of Self-Containin Above Ground Fuel Tank ITEM QTY. DESCRIPTION VENDOR Sun Coast Resources, Inc. Principle Place of Business: Houston TX 1 Fuel Tank: a. 1 1,000 Gallon Above Ground Fuel Tank with No Char e Containment Pan g b. 1 3,000 Gallon Above Ground Fuel Tank with No Char e Containment Pan g c. 1 5,000 Gallon Above Ground Self-Containing No Char e Fuel Tank g d. 1 8,000 Gallon Above Ground Self-Containing No Char e Fuel Tank g e. 1 10,000 Gallon Above Ground Self-Containing No Char e Fuel Tank g f. 1 12,000 Gallon Above Ground Self-Containing No Char e Fuel Tank g 2 Fuel Tank Add-Ons: a. 1 High-volume 12 Volt Pump $395.00 b. Pumps gallons per minute 23 c. Minimum tank size 330 Gallons d. Electrical power required? Y N No e. 1 Fuel Level Indicator for Off-Site Monitoring No Charge 3 Tank Transportation and Installation Char es: if a liable a. Delivery Fee $400.00 b. Installation or Transfer Fee No Charge c. Permit Application Fee $200.00 4 Refueling Charges for Tank Quoted Above: Fuel markup over daily posted OPIS wholesale .10/3000 gal.* a. rate (in cents per gallon) *Prices quoted on .08/5000 gal.* minimum order .07/6000 gal.* b. Refueling delivery charge $100.00 Shipment can be made in days from 1 receipt of order. Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the Yes City of Denton? YES or NO or N/A Page 1 AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: Electric Utility CM: Howard Martin, 349-8232 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas supporting the efforts of the Texas Municipal Power Agency, a j oint powers agency, to obtain competitive rail transportation rates for the transportation of its coal; providing an effective date. BACKGROUND The City of Denton is one of four municipal members of the Texas Municipal Power Agency (TMPA), which owns and operates the Gibbons Creek coal fired generating unit on behalf of its member cities. Denton's share of the plant output is 97 MW. In 1995, in order to obtain the economic and environmental advantages of a fuel having a lower sulphur and higher Btu content, TMPA switched its fuel source from locally mined lignite to coal from the Wyoming Powder River Basin. The Burlington Northern Santa Fe Railroad (BNSF) is the sole provider of rail transportation to the Gibbons Creek Plant from the Wyoming Powder River Basin. Although the BNSF transports coal for other shippers at competitive rates, they have been steadfast in insisting on charging "captive shipping" rates to TMPA. Since these "captive rates" for coal transportation amount to 80% of TMPA's fuel costs, achieving competitive rail rates is a key to the Denton Municipal Electric being able to provide competitive electric rates to Denton citizens. 2006 marks the eleventh year of TMPA's effort to obtain competitive coal transportation rates. During this period, TMPA has pursued contract negotiations with the BNSF, has studied trackage rights, and has attempted to obtain rate relief through a rate case at the federal Surface Transportation Board. None of those efforts have been successful. On the other hand, TMPA has noted that utilities that have constructed a rail spur to establish competition have historically received and continue today to receive competitive rates. As a consequence, a $60M investment in a spur appears to be TMPA's only viable option to achieve competitive rates. As TMPA moves forward with its plan to construct a spur, it expects to encounter many challenges from the railroads. One of the most significant challenges that has arisen relates to new programs of the Union Pacific (UP) and BNSF to publish non-negotiable rates that will be charged for coal transportation movements in the future. UP and BNSF are the only carriers that can provide coal transportation services from the Powder River Basin to power plants in Texas. It is essential that, for power plants that have constructed the rail lines necessary to obtain access to both carriers, the carriers actually compete by bidding competitive rates. Yet, competition is threatened by programs, recently announced by BNSF and UP, to publish non-negotiable rates in advance of any bidding or negotiation. The worse case scenario is that, in the situation where a power plant having access to both carriers solicits bids for the service, the carriers will not bid any rate other than the non-negotiable rates that they previously published. If this trend goes unchecked, the ability of shippers to obtain competitive coal transportation rates through spur construction will be seriously undermined. TMPA and representatives of its member cities have organized a plan to contact federal and state legislators to seek their help in improving access to competitive rail rates for its coal deliveries to the Gibbons Creek plant. The attached Resolution, and similar resolutions passed by the Councils of the other TMPA member cities, will be used in meetings with legislators to demonstrate the support of each TMPA member city on this important issue. OPTIONS 1. Pass the attached Resolution 2. Do not pass the attached Resolution RECOMMENDATIONS Denton's TMPA Board members recommend passage of the Resolution. PRIOR ACTION/REVIEW (Council, Boards, Commission) None FISCAL INFORMATION NA EXHIBITS 1. Resolution Respectfully submitted: Sharon Mays Director of Electric Utilities RESOLUTION N0. R2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING THE EFFORTS OF THE TEXAS MUNICIPAL POWER AGENCY, A JOINT POWERS AGENCY, TO OBTAIN COMPETITIVE RAIL TRANSPORTATION RATES FOR THE TRANSPORTATION OF ITS COAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Municipal Power Agency ("TMPA"), is a j oint powers agency formed under Texas law by the cities of Bryan, Denton, Garland and Greenville in 1975 for the purpose of generating and providing electric power to its four (4) member cities; and WHEREAS, in 1983, TMPA began commercial operations, generating electric power from its Gibbons Creek Plant, near Bryan, Texas, utilizing locally-mined lignite coal for fuel; and WHEREAS, in an effort to obtain a cleaner burning and more economical fuel, TMPA converted its fuel source from locally-mined lignite coal to Wyoming Powder River Basin coal in 1996, and at that time began receiving coal transportation services from the Burlington Northern Railroad, now the Burlington Northern Santa Fe Railroad ("BNSF"), to transport coal from Wyoming to its Gibbons Creek plant near Bryan, Texas; and WHEREAS, BNSF is the sole provider of rail transportation to the Gibbons Creek plant near Bryan, Texas, and as a result, BNSF charges "captive" rates for transporting coal to TMPA, in interstate commerce, that are significantly higher than those rates that are being charged to similarly situated electric utilities that have access to more than one railroad; and WHEREAS, TMPA has, among other options, tirelessly pursued contract negotiations with BNSF, and has pursued rate relief before the Surface Transportation Board ("STB"), all of which efforts have brought no significant relief to the captive rate charged TMPA; and WHEREAS, TMPA expects to operate the Gibbons Creek Plant for at least thirty (30) more years, and with potential plans for a second unit, the Member Cities could pay an estimated $300 to $800 million or more, over the next forty (40) to fifty (50) years if TMPA is unsuccessful in lowering the rail transportation costs for coal; and WHEREAS, our city is dependent upon competitive electric power rates in our deregulated Texas electric market in order to sustain economic development and quality of life and services for our citizens; NOW, THEREFORE, THE COUNCIL OF CITY OF DENTON HEREBY RESOLVES: SECTION 1 The City Council of the city of Denton, Texas urges Members of Congress and U.S. Senators to work with the TMPA in its efforts to acquire a reasonable rail rate for coal transportation services, and in turn, continue to provide the City of Denton, Texas with electric power that is competitively priced with other Texas communities. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: S:10ur DocumentslResolutions1061TMPA Coal Resolution-Railroad Transportation Rate-2006.doc AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 DEPARTMENT: Planning and Development Department CM: Howard Martin, 349-8232 SUBJECT - ADP06-0008: (Fire Station No. 7) Hold a public hearing and consider the adoption of an ordinance regarding an Alternative Development Plan for a fire station. The site consists of 2.85 acres and is located on the south side of Vintage Boulevard west of Bonnie Brae Road. The property is located within a Neighborhood Residential Mixed Use (NRMU) zoning district. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code regarding parking in between the building and Vintage Boulevard. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: City of Denton Denton, TX The purpose of Alternative Development Plans (ADP's) is to provide applicants an option from the requirements of the Denton Development Code. The ADP is intended to address the site design standards of the Denton Development Code that the applicant chooses to or cannot meet. The goal of the ADP is to meet or exceed the objectives of the Denton Plan and Development Code. The applicant is proposing to vary from the site design standards concerning the location of parking spaces. Section 35.13.13.4.8. (Parking location requirements) states: "Parking areas shall be located behind buildings or on one or both sides The applicant is proposing to locate 9 parking spaces (including 2 handicapped spaces) in front of building as shown on the site plan. As of this writing, staff has received no responses from the required property owner notification. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. STAFF RECOMMENDATION Based on the following findings, staff recommends approval of the Alternative Development Plan for parking with the following findings: 1) The proposed landscaping and pervious parking exceed the requirements of the Denton Development Code. 2) Existing infrastructure is adequate to accommodate the development. PRIOR ACTION/REVIEW The Planning and Zoning Commission approved the Final Plat for this project (FPOS- 0045) in January 25, 2006. The City Council approved a zoning change (Z05-0023) on December 6, 2005 from PD 139 to a Neighborhood Residential Mixed Use (NRMU) zoning district to allow a fire station on the subject property. ATTACHMENTS 1. Staff Analysis 2. Alternative Development Plan 3. Location/ Zoning Map 4. Site Photographs 5. Aerial Photograph 6. Site Plan 7. Site Elevations 8. Notification Map 9. Letter of Intent 10. Planning & Zoning Commission Minutes, May 24, 2006 11.Ordinance Prepared by: ~z~ , ~ ~ Y ~ c' r.: ',r: - ~ ~ r.' . Chuck Russell Planner III Respectfully submitted: Brian Lockley, AICP Acting Director of Planning and Development ATTACHMENT 1 Staff Anal sis y Summary of Alternative Development Plan Request. Section 35.13.5 (Alternative Development Plan) of the Denton Development Code provides for the ability of an applicant to "...propose an Alternative Development Plan which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary." The City of Denton Fire Department is constructing a new station on the subject site. The station will include a community meeting room for citizens. The architect of the project has designed 9 parking spaces in front of the building that will be easily accessible for visitors. They will not be in conflict with the regular traffic from fire trucks or from staff. The applicant has stated that having these spaces in front of the building is crucial to the overall design of the building. The Alternative Development Plan for Fire Station #7 will deviate from the following Denton Development Code Subchapters: § 35.13.13.4.8. (Parking location requirements) states: "Parking areas shall be located behind buildings or on one or both sides... The applicant's 9 parking spaces (including 2 handicapped spaces) in front of building require the need for this ADP to be processed. When evaluating an ADP application, staff recommends that the applicant provide "mitigating" features that compensate for varying the requirements of the Code. These mitigating features include landscaping and tree planting that exceeds the Code requirements and pedestrian friendly features likes plazas, walkways and benches. The plan will require the mitigation measures as shown on the site plan and described in the following table: Mitigation Table Required Provided Percent Landscaped Area 20% 54% Percent Parking Lot Landscape Area 7% 16.9% Percent Parking Lot Tree Canopy 15% 18.5% Existing Condition of Property The property is undeveloped and there are no trees on the site. Adj acent zoning and land uses. North: PD-139, Single Family Uses across Vintage Boulevard South: PD-139, Undeveloped East: PD-139, Undeveloped West: PD-13 9, Undeveloped Comprehensive Plan Anal The subject site is located within the "Neighborhood Centers" future land use area. These areas may develop in conventional patterns or may be developed in a pattern of `neighborhood centers' . Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. A public service use such as a fire station is compatible with the Neighborhood Centers designation. Development CodelZonin.~ Anal The mitigation table above demonstrates how the applicant is exceeding the landscaping requirements of the Code. Not only is the applicant exceeding the required landscaping and tree canopy standards of the Code, they are also providing 23 pervious parking spaces on the rear side of the site that are beyond what the Code requires. The applicant is also providing enhanced pedestrian access from Vintage Boulevard to the site. Section 35.13.5.A. identifies the criteria for approval of an Alternative Development Plan. A. Criteria for Approval. The goals and objectives which must be met, and by which the proposal will be judged are: 1. Preserve Existing Neighborhoods. 2. Assure quality development that fits in with the character of Denton. 3. Focus new development to activity centers to curb strip development and urban sprawl. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. The proposed fire station development is an enhancement for this area of the City and should complement the existing neighborhood to the north. The proposed site plan and elevations depict a quality development that will help focus and support additional new development to this part of the City. The infrastructure in place is capable of accommodating this development. Staff is recommending approval of the request. ATTACHMENT2 Alternative Develo ment Plan p Section 35.13.5 (Alternative Development Plan) of the Denton Development Code provides for the ability of an applicant to "...propose an Alternative Development Plan which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary." The Alternative Development Plan for Fire Station #7 will deviate from the following Denton Development Code Subchapters: § 35.13.13.4.8. (Parking location requirements) states: "Parking areas shall be located behind buildings or on one or both sides... The applicant is proposing to locate parking in front of building as shown on the site plan. The plan will require the mitigation measures as shown on the site plan and described in the following table: Mitigation Table Required Provided Percent Landscaped Area 20% 54% Percent Parking Lot Landscape Area 7% 16.9% Percent Parking Lot Tree Canopy 15% 18.5% ATTACHMENT3 Location/ Zoning Map ATTACHMENT 4 Site Photo raphs Subject Site looking due south across Vintage Development north of the site across Vintage Looking west down Vintage with site on the left side ATTACHMENT 5 Aerial Photograph ~.o e~~5¢Sb} ~ s~x~s NosN~a N - o ~ ~ ~s~x~z ~ozN~Q l~O,.L1~3Q ~o ~ZI~ ~HZ ° ~ ~ " w w ~~$~¢5~~ .OI~I OIQ~IZS ~H[1ZO~ELIHOd~ xOIHZ~dxdIx ~o~ ~ o~ N ols~z s ~231~ ~ ~ o ~ N ~ a Ytr m~ ~ ~ ~ 11 - - ~ Q ~ A d o o v n ~.J °~;a H - - a m m ° m a ~ U~„II,I'~1~~ ~gwLL Z W _ ~ ~ ~ ow o~ o~ a° o~ o~ o.w ab m o ° u bx ax ax Oi ax bx 6i ai s w v ~ , ~F mF mh it mh ~r ~r nF rmiJ ~2 ~ mm S w U C J o _ ~ , -a -a -a -a -a -a -a Q - p~ a _fi , "o i o `F mF `F mF `F `F `F `i m~ Q m +WU ~ N W - du a% a% a% a% d% do a% a% °F F a Ka r u Ca Ya Cp Ca Yp Ca Ca p Ca go m~9 i or °r °z °i °z °r °t °i ar o~ `o pe w N li S ~ ~ F my m~ m~ m~ m~ m~ m~ m~ m~ m~ ro a o ~ ~ w k n ~ ~ ~ K mC me m2 pc m2 m2 me me Oc mo m `oi ~ p .i o Q ~ W ~~~._.y Z I 3 L 3 Z Z Z L➢ B by p U% Q CZ~~~ O ~T Z~ Z~ Z~ Z~ Z~ Z~ Z~ S~ Z~ ~ 00P ~ m < J 00~ p0~ 0m 0m pm 0m 0~ ppl 0m 9, ~ Oy N m F p w f 5 m1 mL m' m' m' m' m' mi m' m~ 0E y 0 ~ Y ~ J 'e W rc Tc Tc rc rc rc r°c r~ r< <°nm sz m% fi am `o_ fi fi `a ~ ~ w o Z mE `ua ma `ma `m6 m~a `ua `ua &a `m ~d a`,~ or ➢m a -pn n F a ~ y e ~`o ~o ~o ~`o ~o ~`o ~`o io ~`o uE uS a~ liaLL u u `~~yw<'j ~ m eon ~ ~ + <~wK= W ~~x °-~-M _ ~C ~ tl ~ O ~ E ~ E £ E £ £ E E ~ E 0 m 6 0 Q ea Z_ _ ` c We c c c W£ c c ~ ~ c ~ t o E - a - - p V x Y I 3 E% ~ E% ~E% E% E6 E ~ - ry E~ u E ~ Bo y, o ~ Z .p -m .-6 p -6 ..p ~E~ a N E a E N go rc W _ W Wm ~0~ tl~ tl~ tl~ ~v0 Wm 00 90 WQ ~0 i - E'N = . _~EE - w W W w an wan as nn an p,ad as a~ n~ a0 ad `p ~ £ 8r oe EE _ _ w off. _ Z W N pN u°_ a~ ~pN °n pN p.°' t < < - 9 mS ° 0 = Q ~ar ~F- a ~ ~ O E ` m ma m° m° m° m° ma mB m~ my my ma ~ E o fi fi fi 5` 8^~ PEa - ~uuo ~1 z ~ ~ ~ r E`a ~E`a E`a Ea E`a ~E `a E`a Ep Ea Eo `a E _`oa = _ - o a Ep - $~.8 8t C° = p a:~.°E a ~i w W j Q ~ ~ F F'~ Ec E E ~ ~ U p ~ p p p cCC a '~oc_. 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U >N r + + + + + + + + + + + O w w ~ ~ ~ ~ s ~ ~ JO ~ QQFa~ ~ 00 ~L TC Q _ Qtv F~w~a~( / I N~ I I w a«.~C z ~ o O oo o~ z o m"'o ~ sz ~ Fo w u~z o- o PTO w ~'zo w oam wu;~ s Z~U ~o~ s ~ o s~ Nb'~d 311S 91N3WH~dlld 7o LIG7M 1~~ H4~LN~4 io .S7d~ RtGL t ~ :as r ax ~totsrme apps ~ ~I ~ ~ ~I w ~I I ~I ~I suoi;enal3 a~!S L1N3WH~V11V ATTACHMENT8 Notification Ma p ~ ~ ~ ~ . . Public Notification Date: May 14, 2006 200' Legal Notices* sent via Certified Mail:13 500' Courtesy Notices mailed: 51 Number of responses to 200' Legal Notice: ■ In Opposition: 0 ■ In Favor: 0 Neutral:0 ATTACHMENT 9 Letter of Intent F . v .~1 ~ ~ 7 7~~ A~~ lr F ~ ~ ~ ~qC ~ Grp ~~C 7, saw ~ ~bed~~~~, . ~ ~ ~ # e~~~~~~ ~ ~ pig ~ a ~ ~ ba~c, ' m T ~ are p mad ~ ~ ~ i 5.~f1 r 1 ~fk~~ ~~~~Ual.~VLIL.1~ ~ ~d~ i ~~a 7~~t~~~~ n~ d~,a ~a aid Cdr # p~ ~ ~t ~ ~v ~4 } # r mt~ ~ ~ ~i~ ~1~ 4~' ~ r~ . ~ ~ ~ ~ ~I~ ~ ~ ~ l~n,a Thr x ~ - w F COMMISSIONER STRANGE: The next item is an Item No. 4D, having problems with the mouse, but on the south portion of the which is an Alternative Development Plan for a fire station. The site is property, there's kind of a hatched area. They're providing a total of 23 located on the south side of Vintage Boulevard west of Bonnie Brae and it pervious parking spaces that really there isn't necessarily a requirement consists of 2.85 acres. Mr. Russell. to do that, but they are providing quite a bit of pervious parking spaces of their own accord for the staff in the back. The landscaping as well, does MR. RUSSELL: Mr. Chair, members of the Planning and Zoning exceed what is required of the Code. And as you know, with ADP's, that's Commission, Item 4D is a request for an Alternative Development Plan really one of the main considerations that staff looks at is to make sure based upon the request of the applicant to provide nine parking spaces, that there is a mitigation being provided. And on the table here, you can seven regular and two handicapped between the front of the building and see that in terms of the percent landscaped area is 20 and they're the street, which is Vintage Boulevard. The proposed use of the property providing 54. Percent of parking landscaped area, required 7, they're is a fire station. The slide in front of you is a --shows the subject providing 16.9 percent. Parking canopy coverage, requires 15, they're property along the south side of Vintage. This is all east of I-35W, south providing 18.5. And again, they're providing those 23 pervious parking of the Vintage, residential development. As you can see, the property on spaces. Elevations of the subject property, they are in compliance with the south side of Vintage is all undeveloped, and the fire station has Subchapter 13, the site design criteria. Subject property again, they begun the process of clearing and grading the property. are doing the clearing and grading, the slide on the left. And then on the right you can see Vintage Boulevard with the subject property on the left. A zoning case was also approved previously that did permit the use of the fire station on the subject property. Here's the site plan We sent out 13 notices to property owners within 200 feet, did showing the nine spaces that are on the front side of the building. This is not receive any in favor or opposed to the request. And staff is towards the north along Vintage. Again, two of those are handicapped. recommending approval of the ADP. The reason for having the parking spaces in front of the building, the architect and applicant is here tonight. But basically, the main reason is COMMISSIONER STRANGE: Thank you, Mr. Russell. Any that the sorry. They would like to provide visitor parking that is questions of staff? We will now open the public hearing. Is the applicant accessible to the public off of Vintage. There is sort of a community room, here and do they wish to speak? meeting room, located inside of the fire station. So there will be visitors to the site. They also do not want to have traffic mixing between the fire MR. LAYHART: My name is Brad Layhart, 332 East Hickory is station vehicles and the public traffic, so they would like to make it my office in Denton, Texas. I'm working as the project manager for Fire convenient and sort of out of the way and separate from where the fire Station No. 7. In addition to a fire station, it's also going to have a vehicles will be maneuvering. In addition, you can see onthe sorry, I'm police, community policing office that we're making available to the police 1 2 departments, so they're going to need 24-hour access to the building, COMMISSIONER STRANGE: I have a motion by Mrs. Holt. Do too, which their access point is right through the front entrance of the we have a second? building, too, so they're going to need potential parking. And also, what we're trying to do with all of our fire stations is a 24-hour access to COMMISSIONER STRANGE: I have a second by Mrs. Guzman- citizens in case of emergency. Inside the front door, there will bean Ramon. Any discussion? Seeing none, please vote. The item passes 6- emergency call box which is standard at all of our fire stations that go 0. That's our final Agenda item. directly to dispatch in case there's a fire or police emergency for citizens. Another main reason why we need parking in the front is the City owns We are open for any future Agenda items. Does anyone have anything the entire portion of the property to the east, to the west and to the they wish to bring forward? If not, we will adjourn our meeting at 8:50. south, which is approximately 88 acres which will be part of a master plan, police and fire training facility and we're going to eventually fence in the entire facility and it's going to be gated for a limited access only, so we could not put parking in the rear because that's going to be in the gated portion of the property. If you have any other questions, we have our architect here Jim Kirkpatrick to answer any more questions. COMMISSIONER STRANGE: Any questions of the applicant? Thank you very much. I only have one card marked for Item D and it's Bonnie Strutton and Dr. David Strutton. COMMISSIONER THIBODEAUX: They left. COMMISSIONER STRANGE: They left? Okay. I guess they don't want to speak. So we have no other speakers. Is there anyone else who wishes to speak on this item? If not, we will close the public hearing. And do we have a motion? COMMISSIONER HOLT: I move approval. 3 4 S:IDur Document~l~tdinances1~61ADP46-0048.doc . ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEAS, APPROvINO AN ALTERNATIVE . DEVELOPh~NT PLAN FOR APPRO~A.TELY 2. S 5 ACRES OF LAND CrENERALLY LOCATED ON THE SOUTH SIDE OF vINTAE BOULEVARD ~,7aa FEET wEST OF ~~a BONNIE BRAE ROAD, TO ALLOW A FIRE STATION; .PROvIDINC FOk A PENALTY IN THEN AMOUNT OF ~,~a~.~~ FOR VIOLATIONS THEREOF; PROvIDINO A SEVERABIL~'Y CLAUSE AND AN EFFECTIVE DATE, ~ADPaG-a~~8} WHEREAS, vn April 24, 206, Bruce Henintan, on behalf of the City of Denton ~ its duly appointed designee applied for an alternative development plan the "ADP"} an appraxirnately ~.SS acres of land, particularly described in Exhibit "A", attached hereto and made a part hereof by reference the "Propert'~, which ADP is on file in the City's Planning Depart~rient~ a copy of which i attached hereto and made a part hereof a Bxhibit "B", which Property is located in a Neighborhood Residential Mixed Use zoning district; and WHEREAS, on may 2aad, the Planning and ~vning Commission concluded a public hearing as required by law, a~.d reca~nm.en~ed approval of the requested charge in zoning; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r SECTION l . The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION The ADP is hereby approved and is hereby found to satisfy aI1 requirements for approval, as set forth in the Dentan Development Cade. SECTION 3. If any provision of this prdinance ar the application thereof to any person ar circumstance 1s held Invalid by any court, such invalidity shall not affect the validity of the provisions or appltcatiansx and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any.provisian of this ordinance shall, upon conviction, be fined a un~ not exceeding ~,~aa.0~. Each day that a pravl~on of this ordnance is v~alated shall constitute a separate and distinct offense. SECTION . That this ordinance slZall~become effective fourteen l4 da s from the date ~ ~ y of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Dentan Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten ~ I a} days of the date of its passage. Lm PAED AND APPR~~ED this the day of , 204 4.+. +i 1 ~E~RY R. MCNE~LL, ~VI.AY~R i ATTE'~; ~ENN~'E~ ALTER, CITY ERETARY BY: A~P~O~ED ~ T~ LEA.L F~I~M: EDEN ~ CITY Y ~ 'r Lm ~:laur L)nca~entslMiscella~n~aus1061A~~-Electric Delivery.oc A~DA INFNIATI~N I~~T AGENDA DATE dune G, ~~0~ DEPARTMENT. Legal Department CMIDCMIACM: Ed Snyder, City Attorney . UBJCT: Consider adoption of an ordinance of the City of Denton, Te~a~, uthori~in the City Manager to execute Letter Agreement with TXU Electric Delivery extending the settlement and offering additional tern~.s of settlement between TxU Electric Delivery and the steering Camittee of cities served by TxU Electric Delivery; and providing an effective date. ~AK~~~JNI]; Dn May Mayor Euline Frock received a Letter Agreement from Danny Hodges, Community Relations Manager of TAU Electric Delivery ~"Electric Deliver'} off e.n to extend the February 2~, ~OaS ~ettlen~ent betv~een Electric Deliverer ~.nd the geeing Committee cities to resolve outstanding franchise issues. The settlement resulted from Shvw Cause Action filed by the cities challenging TJ's street lighting, pumping and other municipal electric rates as being excessive, Although the City of Denton ~"City'} was not a party to this caal~tlon of cities, TxU has offered the settlement to the City and all other cities within its electric system on the same terms as the settlement agreed to with the teerin Cam~nit~ee. Last g i year the City accepted the Settlement Agreement by authari~ing the City Manager to execute an agreement with Electric Delivery under which the City received an initial cash payment of . 1,7~ and a ~aa6 payment of $ I,O,~'~ in consideration for agreeing not to initiate or participate in a Show Cause Action or similar proceeding concerning Electric Delivery rates hefare July 1 of this gear. The Letter Agreement sent to Mayor Brack offers to extend the September Za~S ettlen~ent Agreement between Electric Delivery and the Steering Cam~nittee in accordance v~ith an Extension and Modification of Settlement Agreement and Agreement to Resolve Dutta~ndin Franchise Issues dated January 27, ~Da~ that was executed by the Steering Committee and Electric Delivery. In return for the City's Agreement not to ~n~tlate or participate m a Show Cause Action or similar proceeding concerning Electric Delivery's rates hefare July 1, 2~aS, Electric Delivery has agreed to provide the following payments and benefits to Denton: 1. Extend the previous settlern.ent until ,Iu1y 1, ~~08 allowing the City to receive three additional payments of 1,~~~.72 on March 31, ~0~7, ~a0, and 2aa9. ~ If the pity violates the Letter Agreement by filing or part~c~pat~n in a dhow Cause Action or similar rate proceeding befa~e the July 1, date, the date Electric Delivery cease to have obligations to pay under the January 2, 2a06 Extension and Modification ettlen~ent Agreement is reached, or if new tariffs are approved far Electric Delivery at the Public ~'tility Canlission ~"PAC"}, the pay~mer~ts under paragraph one cease or are prorated. . Electric Delivery will pay Denton ~;12~,~ for beneficial public use 45 days aver it receives an executed original of the Letter Agreement and another ~,I2G.~a on March 1, 2~~7, The City has a very broad discretion on how these funds should be spent i S:1Qur DocumentslMisceli~neousl~blAI~-Electric Delivery.~oc lncluding, without l~mltatlan, energy education far c1tl~ens, reductions In rates far C1 . services, investment in cvm~nunity facilities and investments in energy efficient measures, 4. Electric Delivery ill increase . Denton}s franchise fee factor by two percent effective January 1, 2~~G, another one percent an January 1, ~4a~"~ 2aa8, and for a total potential increase of five percent. Electric Delivery expects to pass these costs onto its customers sa if the PUC refuses to allow them to da so, the franchise fee factor v~ill revert to the factor in effect an December 31, ~OaS~ Electric Deliv 's ob11 ation to increase franchise fees ceases when certain rate proceedings are cotr~enced or if legislation is passed l~nodifying the franchise fee authorized by the Public lJtili regulatory Act. 5. ~f the City is receiving franchise fees on a prospective basis, Electric Delivery a ees to mend the Franchise to allow quarterly payn~er~ts. Denton is already receiving payments quarterly from Electric Delivery. If discussion between Electric Delivery and the steering Caminittee result in raved p processes or revised tariffs, they will b~ mare available to Denton, The Letter Agreement attached to the ordinance rovides more details of the settlement p Extension Agreement. POD ATI~N: July ADS, you passed Ordinance 2~~-~a~ which allowed the City N~anager to execute a S ettlen~ent Letter Agreement with T Electric Delivery accepting the February 22, 2aa5 settlement between Electric Delivery and the steering Coi~nn~ittee. ~PT~~N: 1 ~ The City can pass the Crd~nance which requires it not to file ar participate . any dhow Cause Action or similar proceeding before July t , 2~a08 and receive the payments set forth in the Letter Agreement, 2. The City can authorize the City Manager to accept only the teams of paragraphs one through four of the Letter Agreement and the City will receive some but not all of the benefits. 2. The City can refuse to pass the Ordinance and will be able to artici ate ar file a dhow p p Cause Action but will not receive any of the payrrrents and benefits set forth in the Letter Agreement. RE'~NIlV~NDAT~~N: Staff recommends that you pass the ordinance authorizing the City Manager to execute the Letter Agreement with TxU Electric Delivery and authorize him to accept all numbered paragraphs one through seven of the Agreement. You have the o tiara to p accept only paragraph one through four or all seven numbered paragraphs. Since D1VIE prvv~des mast of the public power energy far the C1ty' street lighting and municipal pump,, the chances of the City or citizens being adversely affected by this Agreement or the City needing to file or participate in a Shaw Cause Action are very slight. On the other hand, the City will receive the financial benefits outlined in the Letter Agreement, which has been ne otiated b a g Steering Comnuttee of cities who were represented by the Lloyd, Cassiliril~, Blevins, Rochelle, Baldwin & Tov~nsend law firm. This law fig has represented the City of Denton well in a number of similar rate proceedings and has negotiated a beneficial settlement of this n~~tter, Page Z of 3 i ~:l~u~ Doc~men~slMiscellane~~slO~lAr-~l~ctric I7e~ivery.~oc FOAL IN~~RIVIAT~~N: The pity wild receive an additia~a~ ~ 7,~9~,9~ in a ent~ from i ~ ' i I ~1e~~ic ~e~~ver~ plus five percept more in franchise fee payments over a three~~ear period. Therc are no negative benefits except far the fact that the increases in frar~c~ise fees ~.ay be passed an to ~lectrie Delivery customers v~ithin the its. ~espectfu~~~ submitted, . f I~erbert Prau y consulting Attorney . i Page of i f S;IDt~r I~cumentsl~`dinance~l~~IT~U Electric Delive~ry.doc , i ~TION 5. This Ordir~at~ce shad become effective ~mmedia~e~ u on its Y p passage and approval. PAED ADD APPRO~~D this #~e _ dad of 2~OG. PERRY R. McNE~LL, MAYOR ATTEST; J~1~11~R ALTAR, CITY ERE'~ARY BY: APPROVES ~ TO L~OAL FORM: E~ ~TYDER, ~~TY ATTORNEY BY; Page ~ ofd t+ . r + }i ~ M E~~C~~IC ~~IIV1 TAU Elec#ri~ Delivery 31 Garrison Corinth, TX 7621 ~ r~ May 4, 2~0~ ~ ~ The Honorable Euline Brach pity of Denton 215 McKinney street Denton, Texas 7~2~ ~ Re: extension and Modifieativn of ettlernent Between TAU Electric Delivery and the steering amittee of Cities served by TAU Electric Delivery Agreement to ~esalve outstanding Franchise Issues Dear Mayor Brocl~, As we told you in early January, TAU Electric Delivery orripany ~"Electric Delivery"} and the teer~ng o~nlttee of 1t1~ e1'ved E~~ctr1C Delivery ~"steering . on~ittee"} have agreed to extend the February 22, 2~4~ settlement between Electric Delivery and the steering Committee and to resolve outstanding franchise issues. ~vpies of the January 27, 2~~ Extension and adificativn of ettlerr~ent Agreement and the January 27, 20~~ Agreement tv resolve outstanding Franchise rsues that reflect those areerrrents between Electric Delivery and the Steering committee are enclosed with this Letter Agreement as Enclosures 1 and 2, respectively. The purpose of this Letter Agreement is to offer your city benefits comparable to the benefits reflected in those agreements. Please note that paragraphs 5 through 7 of this Letter Agreement are available to your city only if your city also agrees to the pro~isians in paragraphs 1 through 4. Extension and ~Vlodiflcation of Settlement Agree= 1. In consideration for your city's continuing agree.ent not to initiate a Shaw pause Action or similar proceeding concerning Electric Delivery's rates before July 1, 2~~5 and not to intervene . or participate in any manner in any how pause Action concerning Electric Delivery's rates initiated at the Public C utility on~missivn of Texas ~"P[JC"} or in any other jurisdiction privy to July 1, 2~~5, Electric Delivery will n~al~e a cash payment of $1,80.72 to your city on March ~ 1, 2~~7, March 31, 208 and March 1, 209. The amounts paid under this Letter Agreement are paid solely inconsideration for your city's forbearance from filing, pursuing, or intervening in any Show pause Action or similar proceeding against Electric Delivery and are not a rate reduction, refund, rebate, discount, preference, yr p~.vrlege of any Ind for services prav~ded by Exectr~c Delivery. , ~ s r!"s :'x t; ~ ; r. . i z y :a Electric Delivery's obligation to nuke the payments described in paragraph ~ ceases ~ { ~ ~ t he ~ ate t hat your City 1n~tlates, 1 I]tervenes ~ n, ~ r ~ ar~lC~pates 1 n ~ how Cause Action or sirri~la~r proceeding, {~}the date that Electric Delivery ceases to have any obligation to pay any arriounts to Steering Committee under paragraph 4 of the January 27, Extension aid Modification of Settlement Agreement ~Enclasure l}, or {3~ the date that the tariffs approved in Electric Delivery's next system-wide rate case at the PUC ar in a city rate inquiry become effective on a temporary or permanent basis {"Termination Date"}; provided, however, in the year the new tariffs become effective, the annual payment shall be prorated until the Termination Date. 3. Electric Delivery and the Steering Cainmittee have also agreed in the January ~~0~ Extension and lVlodlficatian of Settlement Agreement ~Enclasure l} to pursue discussions concerning various subs ects. Any unproved processes or revised tariffs that result from that agreement will be made available to and will be applicable to your city. 4. Electric Delivery also agrees to pay your city G,l~~.~~ for beneficial public use 45 days aver Electric Delivery receives an executed original of this Fetter Agreement. Electric Delivery also agrees to pay your city ~,1~.~ for beneficial public use on March 1, ~~07. Your city agrees to apply bath of these amounts for beneficial public use. The determination of what activities are beneficial to the public is within the discretion of your city. Those activities include, but are not limited ta, energy education for citizens, reductions in rates far city services, investments in community facilities, and irl~eStrnent5 In e~.ergy efficiency .ensures. Agreement to Resolve ~u~standin~ Franchise Issues As described in the enclosed January 27, .Agreement to Resolve outstanding Franchise Issues {Enclosure to recognize the increasing cost and cornple~ity of rrianging utilities in public rights-of~ay, Electric Delivery agrees to increase the franchise fee factor for your city effective January by ~°IQ~ Electric Delivery will also increase the franchise fee factor for your city an additional l °Io an January 1, ~~07, on January 1, ~oOS, and on January ~0~, for a fatal potential increase of 5°/o above the franchise fee factor in effect on December 31, Z~~S. Electric Delivery's obligation tv increase its franchise fee payments to reflect theincreased franchise fee factors described in this paragraph ceases on the date upon which { l } Electric Delivery i called in for a rate case by any municipality; a proceeding c oncerning Electric Delivery's gates is initiated under Subchapters ar D of the Public Utility Regulatory Act} Tex. Util~ Code Title "PURA" Cho ter 3~; {3~ a proceeding affecting Electric Delivery's rates is { ~ P initiated as a result of a settlement; ar legislation becomes effective that modifies the franchise fee authorized by the URA. Your city's acceptance of paragraphs 5 through 7 of this Letter ,Agreement signifies its areernent that if the PUC denies recovery in Electric Delivery's rates of the fees associated with the increased franchise fee factors described in paragraph 5, then the franchise fee factor in your city immediately reverts to the franchise fee factor in effect in your city an December 31, F Electric Delivery will not seek to impose a refund or i l~ N s credit obligation on your city for franchise fees afread aid under the increased franchise yp fee factors. 7. If your city receives its annual franchise fee payments frarn electric Delivery on a prospective basis and your city would ~il~e to instead receive those ros ective franchise ~ ~ fee payments on a quarterly basis, then Electric Delivery agrees to amend your existing franchise agreement in a manner that is consistent with paragraph 5 of the enclosed January ~7, ~~0~ Agreement to Resole outstanding Franchise fssues enclosure ~'he cities who are not rr~ernbers of the steering ~amittee who are eli ib~e to choose this g option are listed on Attachment 1 to this Letter Agree.ent. If your city is not listed on Attachment I to this Letter Agreement, then your city ~ not eligible to choose the option described in this paragraph. ExecntYOn ~nstrnctions S. ~f your city agrees to the provisions of paragraphs I through 4 of this Letter Agreerr~ent, please have a properly authari~ed representative of your city sign in the first space reflected below and return the executed original to the undersigned. 9. If your city agrees to the praviions in paragraphs I through 4, then your city rriay also agree to the provisions ire paragraph 5 thxaugh 7 by having a properly authorized representative of your city sign the second space reflected below and returnin the g fully executed original to the undersigned. I a. ~'he offers reflected in this Letter Agreement expire an July I, ~O~G. ir~cerely, PARARAPH 1 THR~U~H 4 ARE AREE~ ANI~ A.EP'~ED: pity afDentvr~ yf its: Date: PARAGRAPHS ~ THR~JH 7 ARE AGREED T~ ANSI AEP'~El]: pity of Denton By: its: Date: Enclosure 1 Extension .and Modification of Settlement Agreement between TXLT Electric Delivery and the Steering Committee of Cities Served by TX[J Electric Delivery dated January 27, 2006 S ~ - r ~~,+1 1 ~~teuslon aid ~odicatzon. of ~ - ~ ~i - e~tered . ttlement ~~re~.rr~e~.t ~ ~.~e°~ent7 ~ ~t❑ bet~veeu ~U ~Iect~c D Ei ~ ~ a.de and Ca ellver~r orupaz~y ~ ~lecttrc Delve ~ ~ - ~Ittee a~` Crtles 5er~ed b rY ~ the teti~.n Y Iectr~c Delivery ompan a~ behalf a ~~h~hit ~ to s Agre°~.ent "Itie ' . Y ~ a~ cites I~sted an - ~ s her~~a~r re~e~ed to ointi p' F ~ ~ her~.~n zgr~..a~or~es. r~ tl~t ~ , .~~~5, ~ ~~n.ator~es entered into ~ ettl resolved nurnerot~s ~ssues~ ~nclud~r~. issues - ~ ~ ement ~reernent Z3 c~~es that ~ ~ ans~g oat o~ the resalutinns paned In 204 ~ are ~crr~bers of zties requirr~ ~lect~c Deliv ~ ~nfanna~an that dem.orls~ates gad "Y to e with these cites distribu " ~ cause for shawi~g~ that ~Iectric Relive . rs r tan rates should not be reduced .~here~er re ~ssaon and ~enred to , as hoer ~ ause Actions" ~x part of that deb ~ - a ced to ~ COQ ettlernent ~~reeme~.t, Electr~,c De ' ~ f Ie ~ s~rsten~~wrde rah case ~ :~ul I~very az~d ~Iec.c De~~very desire to extend ce ettler~t ~ eem~t and - rta~ terns of the ~'br~ary ~ to reso-Ive aII outstanding issues related to ' paten~al hoer Cause- Activn~ e u ~ e pendrng and F ~ pco~~ng systeru~w~de rate ~.~ir~g, and other re ato ~s sins; and gul xy aver extensive ne otia~on ' ` comprcrnise ands ~~~es and ~Ieot~c Delivery- have reached a ett~ement to resolve thane uses. . - a ee to t ~ es, tough ie~r undersigned r resenta~v he faliawzng: ~ es, hereby x. Electric De~very a ees to ra . p pace and ~uppQrt Its n.e~t system-wide rate rate ~~u~ry one or ruore munici rates eac case or cify ail u~c--` , p h without a demand ratchet, that to ether w~~ ~pa~ accounts, ~nc~ud~ng a street I.r ~ cover Tower ~ rate d ~Zc~pal zn rate . than. their atherw~se ~rould be. ~it~e a ~ . ~ ~ that wig be fee to provide to E~e~tr~c Delivery are i~forz~atio needed t~ design the rates described ~ ~ . s paragraph. Eiectri~ De~iv ~ ~ . cry agrees to a system-wide rite case at the Pu " of Teas ~«p~C"~ zoo Iater than bilc U~Iity~ Cossian u ~Y ~OD$, based ou a test ear ez~di - nless ~ltres and ~lectnc Relive r~u rig December 3l, ~0~~ cities that ~a~~y agree that such a Ong ~s u.z~neess do not have a pity Counczl ~ meet I ~ ary. ~nr thane e'fect~ve date to ac ~ ~ July, ~Iectr~c Delve ~ gill extend ' cornplrsh suspension ~y ~~~ust ~ I ~ 2 a systern~wide rate case at ~ . however, If ~iectric Deixve dies the P~ oA or before June ~~~5 extend its e~f`ective date. ,then ~lectrrc Delivery will not pities agree not to p~`sue, are abated ~ actions ~efnre Ju ~ Y how Cause i~ctions and not to- itiat . Iv .~~~8, p~'ovided the provisions a e smear rat to intervene gin, or a~ . f this ~greemer~t nre honored. Cites a ee p cep aye any mar~r~er tn, az~y shove cans e action i ' ' . in and other ~urisdictiar~ near to th n~tzated at the P~'C or e praceedin~ desct~bed in parara h ? or in sash show ca~zse actian~3 e~cw t as r~ece P ~ ~y appeals of P scary to protect the taxif~ ar ta~ri ff eta ' its associated with f L__ I . ~~~raph ~ OI' t~ proteof the Clty ar ' r ~ ~ - { its ~eszdnts ~rorn bezng p~'e~udiced in an show . pending an appeal at the ~U~, If ~i~ies irate Y cause action the ~~1C then ~ rvene zn ~ shag cause action pending an a eaI a~ I~zeS a~e~ not to take any asi~io~ In a ~ ~ pp. abli~at~or~s a ~ thst proce~dln that is Yncon.s7st~nt under this ~gxe~,ment. ~ 4. ' ~ - - ~~tzes agree to preside notice to ~Ieetn his A, ~ ~eiz~ery that aIi cities listed an ~ ' ' gr vent have car~t~uued their abaterner~ts xh~bzt B to pez~dir~ a ainst Qf ar have dzsm~ssed~ show cause a ' ~ electric ~`}elivery, ~ each cit ct7ons passed resaiut' ~ ~ ~ ~ listed on ~xhzb~t ~ to s e lon ratzfy.g this ~greernent ar ravlde _ ~ ezner~t has same farm. as ~~h~b~t - - p d to sties a Iet~er sub~tantiall t - ~ to this ~greernent that has heer~ he - of the city, larch ~ ~ shed by authored representative - - , ~a~7, axch ~ ~4~8, and. larch ~ make a cash payment of S ' ' ~ } ~~~9, ~Iectrzc De~~very will m~llzon to pities. ~Iectric Delive 's ~ . ~~yl~erlts ~~~seS on date u On whz + ' ~b~zgat~~n t~lose ~ ee p ch ~lties- fa~I to con~p~y wx them a~ ' r rnent or the date upon w~.ch the lzgat~ans ender thzs "s appraved ~ iectric Delive 's nee rate case at the ~ ar in a city rate in u' bee ~ t systezniv~ide {~~~'nh~atlDn 's • ~ arne effective ~n a temppy ~r er~~i].ent Date provided, ~awever in die p hasps ~nnua~ a ent s year the new tariffs bcco~.e ef~ect~ve A half be prorated unt~I ~e ~e~nati ,the any s stem-wide - on D~.te. "ystein-ode rate case's ~nciu change to base rate tariffs as a resu des C or of ~ ~t ofprocedi~gs in~it~ated under dub ~ chapter 3 and any raeeedzn t chapters as a result of P g changg ~lcctr~c De~rve s base rate • . . a settlement. rY zrnt~.ted The ~ atones ~ ~ cow~edge and agree that undue ara a eerrzent ~greemer~t, ~Iectric De . P ~ ph ~ 4f the February ?fir ~0~ h.very ~rr~ p ay Ci ti es ~ S arz on - arch 3 ~~ec~C ~eizvexy a ees to ~ F , . . ~ o r~ with zt1 es to prQ ve the t.e~in maintenance and to de~reio a rote ess of street~~ht . stxeet ~i ~ . P ~ ss so that every cityowned and ~lectn - . ght zs asslgn~d an ~denti~abio eo a c ~e~xvery~awned force of se ' ~ ph~c lacat~on. ~igr~ator~es a ee to esta ' razor epioyees that mill deve~o the roc bush a task ass~g~nent ~ ect. Ele P P ens and punned roz~out far the street li t p ~ cc DeizverY also agrees to ravxde gh far pezsans~ with ~ectric ~ci` p to ~ltzes a specx~c contact person ~vcry who will be responsible ~`or hand~in requests v~~th respect to stre~ti~ ~ ~ alz unFesa~ved pities' ~nc~udzng, but not meted t ~ ~ ~ . znstailatzan, rernov.} and account i ' ' a, ht7l~ng, malnterzance, . n~t~at~an and closure, ~ig~ato~es ~ ee to . . resolut~an of the issues discussed ` d~l~gent~y pur~uc ~ z p~ph; ha~vever~ failure to re - respect to these issues ~I~ eat constx~u ach agree~ncnt wig Delrv ~ to a breach of this ~~eement b eat ' . . e y hey It~e ar ~~ctr~c Electric Deiive -a ees t ` o ~rork with roes to establish, ' coordination, and timing of cans#ructian ~ ~mpr°ved canununic~.tYOn7 cancernzng ~FeIQCations of Elect~.c Deiive facill ` ~ public right of way. ~ rgnatories a ee ~ tzes de~e~a the racers ~ to establish a task farce of senior em. is ee P p and pianrzed ro~~out of an ' P Y s tha# wzll di~ient~_y purs~ze resoi~tion a ~ ~rnproved relocation process, ~gaatories a e° f the issues discussed in this ara ~ t° a.gxe~'~r7.ent with respect to these issces w` p aphi however, failure to reac~i an ivies or Eiec ' III not cor~stite a breach of this . a . c Deilvery. ~.'e~ment by ether LM ti S. 5 .y ~4. ~Iectric Delivery agrees that ire ~'anc ' hose neQtiatlorzs, ~t will not seed to extend ~ prohibition on reirr7bursernent afrn~nicl al rate case e ~ A ~penses beyond June E~ectr~c D~I~V~ au~~ ' ` rY ~ s to pa}~ ales I8 million for beneficial ublzc ~atflries agree that that arrrat P use. The - II be pazd ~n t~va installrr~ents: ~I~ $9 million wi arc ~ee~s aver Eleotric Relive re ~ ~ be payable ce~ves the notice froze pities regt.~red in ara ' ~ee~e;~t; and ~9 m~Iliozt gill be a a P -ph 4 of i.s p ~ ble by January 3 ~~0~. ~'he i atones a member cities are to apply' ese funds for benef . ~ ~`ee that coal public use and that the deten~ination of what activities are bene~cia~ to the ~ ublic is Zvi , activities ' ~ - thin die dtscrettar~ of each member ci Thane Include, but are not Zited ta, ener educ gy anon ~'ar c~tl~e, reductions ~ rues for ci services, investments ~n corrirnu~. fac~ltttes ar~d tnvestr~ents ~ energy effcienc n~easu res. ~ The i tori es ac F , knowledge that Elect~c .relive intends t Agreement to cities served b o offer cez~tal~ tens of this - _ - y Elec~c Delivery that are not Izsted on ~~~it ~ • electric Delivery agrees that all citie ~ ~ ~egat~a~ons s listed an Exhibit are entitzed-ta Il~ast Fava ' protection during thane ~egatiatiarts and red aeons - drat ~Y benefits thaf ElectzYC Relive ~ e - provide to ~ city during those Ie at~attans - ~ es to , be off ~ that are got already r~cluded m this-A e~rnertt ' erect to ail cities listed an exhibit A. pities ac will additieI b knowledge and agree that to receive an . ene~.ts from l~lectric Delivery, additional co Y Deliv ma be re . nsideratlon~ from pities to electric Y ~ q~rred. ~ The ignator~es agree that the am • aunts paid ~y Elect~c Delivery to pities ursuanf to p~~.p~ ~ ~ ~ ~ ~ , and ~ ~ ~f ee~e~~ aye ~ can.~nued, a paid solely in considerat~.on for i~tles' batrr~ent or dismissal of, and forbearance . ~ctians a air~t from ~Izng ar pursuing, thaw pause ~ . l~lectnc Delivery and ~tties? agreement to obi . and to reimburse ~itie 7 de by the terms of flan ~gree~ent, s expenses assac~ated ~vzth the dhow Cause Actions anal othe ' r regulatory praceedulgs. To the extent that die mounts ~ yid , . excess is d sale ~ ~ Y be in excess of Cues expeuses, 'the , P ~y In ardez~ t~ settle the. matt that are ~zgnatot~cs recd and a e subs ect of this A,greemezzt gree that the payl~,ents specified this A eem.e reduc~an, re~'und, rebate, discount refer ~ nt a not a rate Electric De ' t P .ce ar pnv~lege off' Find far services rovided b Irvery or any o,f i a#`f Iiates or redecessar ~ P y . e past, naw or , P s In interest under atzy tariff, whether m the fugue. As such, the provision of elec F Electric Relive ar an off . tnc delivery service to Cities by rY ~ bate ar predecessor has been and will canto - by the rates, terms, artd conditions o e to be gavemed solely . f the applicable tariffs. I8. The iatories agree drat the n ~ ght~~ dunes, benefits, ~.d abli ations set ~ ' greezr~ent are b~ndtng upon their s~ccessa ' ~ forth IA this rs 1~I ~nteI~~t, ' ~ This ~~'eeTnellt shall become e`a . - ct~ve only upon the execution of this .A eernent the entry of resolutions or orders cantina' and zng the abatements ar disu~issin the thaw a .etiorls. ~ ~ use Each person executing this .ee meet represents that he ar she is ai~tharized to si ' .~~reement an behalf o f the p arty repres entea. ~ is { - Lm ti F bi ~ ~ . "rhe i~Iatorie~ e~~r~ss~~ a~kr~ow~ed~e and a~e~ that azai and ~n~ter~ sta~em.ents made . ~]art~ 0~" Its rep~'eser~tati~e d~irY~~ ale ca~rs~e ~ ~ ~ afthe se~tleme~zt I~egotiattons that ~e~ to .thls ~ ea~at ~d a~ portrayed a an ad~szan, or be admiss~hle as e~ider~ee ~n oor~~e~s~an of any sari ar~d shall not y ~~oc~eding in any fors. The Ignatar~es ~a ee ~ • ' s r~~ree~e~t extends and ~zod~f es the ~ ~e~r~ary ~a~5 ~ettlerr~ent A ee ~rrr~ .e1r e ~ gr anent. To the e~ter~t fiat any t~s of fat ~ehn~ • ttlement ~~e,~rnent are r~~t•restated ,here ~ ' ~2, Zaa5 Tot ,the i~ator~es agree that dose term, have e ' h~ eter~t that there aye y ~ncans~stenc~e pzred. terms of ~ ~~een the terms of ~zs ~ eemen~ and the ~'ebrr~ary Z?t ~~a~ Settlement eeme~t ~ ~ the ~~reen~ent .a ~ } ~e S ~gnatan es agree that the terms of this o~.tro 1. ~~e~nt~d ~Q this the day of J'a.nu~ry, ~4~G= by the at~r~es he~-et their undersigned dpi authozed o, ~Y end rrauh . Y re~~ese~ta~ives. TAU I~Ieec ~eliver~ ~z~rr an ~ Y teerrng amrnit~ee Q Cities served h E~ec~ri ~ ~ . e ~~Ii~ery C~m~a.n~ ~n I~eha. of aII CIt~~~ fisted ~q I~~It ~ t0 ~garee~IIent ;]y} R t Y F Y ~t~: ~ ~ r y Lm 5 - 4 s ~ - ~Y ~ ~xh~~~t~. Ciry of ddis~n Ci~y cf ~i hland Par pity ~f ~Ilen ~ C~~ of ~na~e; sity Park cf~oney Grove City of~~ City of Al~ar~;da ~ ~~ve - Ci of Andre of 1'aca ~ ups Ct~r of ~ursr - C~ty oI`Arch~r Ci~ly Cry of atanga ~ ' o City of H~ttc I of~te et~Ie ~ f rl~n~tn~. Cl Of ~'Ii~ ~er~~ City of Belton ~ City afich~~, FaIIs City of Jally ~ i afoodwa ` City af~3en~roo~ • Ci ofJo~ hire ~ ~ City ~f Bi rzn ~ ~ ~ - ~ P ~ City cfJust~n ~ ~ - C~ a~Brcckenrrdge Ci cfaufrnan ~ - Ci ~f B rid ort ~ - City of~e~ler , Ci~r of Brown road Ci of Berens ~ • of Buffs ~ ~ . Clty QfLal~eslde City Df BLLt'~~TnG~t ~ CZ Of ~azneSa Ci ofBurie - ~ . tY son City ~f ~~ndal~ - City Caddy ~fil~s - ~ of Litt~o • Ci of Rr~r ~cader~y ~ ~meron City of ala~of . City of Canton ~ Ci of I~iar~sf~eld . ~ ofCarrvllt ~ - City of c~inne • City of Celina ~ - ~ ~ _ City ~f Midland City of Cez~terv~Ile Ci cf I~ ~ - City of C~ehurt3e ° ~ Cifiy of Murchison City ofColley~Ile - Ci of New Cha e - - City of Collins ill ~ ~ ~ I ~ City of North Richland ail City of Comanche i of C'Donr~cl • City ofCortnth I City of yak Leaf City of Crowley Ci of ~alC >~oint Cif ofDallas - - Ci of Dd~ssa City ofDal~vo~thi~.gtan - Ci ~ - ar~erts tY of ~v~Ila City afPaIestinc ~ . City of DeLeon. Ci o~'Rante ~ . Ci of Denison ~ Cx~ ofParis Cif of early Ci ofPlan❑ Ci ofE - ~ - - tY ~st~and Ci~r of Ran er pity ofladgec~~.ff`~il~a e ~ C qty of Rham Cif ~f Euless ~ Ci of Richar City of Fazmcrs ~ dson - - . Branch Ci~r of Richland dills City of Flower 11~ound Ci of Roans - - City ofFores~ ~3all Ice - City ofRobinson Ci~r of Fan ~~rfh Ci cfRackwa . Ci of Frisco ~ ~l City of Rosser City ofFrost - Ci of Rowlett Cis- of Icon ~ci h ~ y ~ City ofhe~man City of Grand Pra~rze - City of n~der City of Crar~~er City of ~out~~lake . City o~ Craocvrnc C~tv of ~1Qhtx ~ City of xurz~~~ p~~s i~v of T~arker ~Ie* City o f ~z~ny~=ale - r ~ghts Cx~y of wect~vazer City of i~ea~h Ci~v of Teri Cit~,r p~ H~~T#~~~ ~ ple ~i~ of Tie CalQny City of I~ewi~t Ci of ; v r Tx le, LM i Ci~Y Arlington City ~fBen~r~ol~ _ City of Bro~w~Qd Ci~r o~'B~rie~an City o~ Car~~~Ito~ City o~ ]~ai~as of~aa~rar~hin~r~ C~rdens _ ~ ~ _ City af~~nz~an City a~ ~'t. ~~th ~ ~ ~ _ . City o arer ~cigh~s City of~ca~h ~ Czar a~'~ant~o Cary o~~~~.no . V~ S/~+~.k 1.+W141 ~~'~~Y r Clty a~Ra~~n~~n City ~~~o~kw~~l ~ City Sn~rder _ City ~~u~ph~r in ~ City of~h~ Co~~ny ~ City afoadway - ~ . . . - Y ~ - - . 1 - - ~~~t~~t City of~ddisar ` Ci~y of~i~en City ~~yier City of A~'idres - City ~f~T~ive~Yty Park Ci~y of Ax~he; Ci City ~t ~Ta~a - Ci ~f City ~f ~e~t~n atau~a Ci o f $ i ~ rin City of ate eern~r~t ~ P ~ Cit~r of ich~ City of ~recker~ridge ~ eta Falls City af~~dgart ~ ~ ~ - C~ty of~3u~urnett r City of Celina - _ - - ~ ~ - City ~f Cleburne ~ _ City of aiiey~~e ~ ~ - City af~e~eon _ ~ ~ . City of ~ar~y ~ - . City of ~astiand City af~n~es~ ~ - Ci~ of Farmcr~ branch City of owes IV~our~d - City ~f Forc~t ~il~ - City of~'zic~ City o#"Cienn ~e~g~ts City of Grand ~e City of rapevinc ~ ~ . City of ~er3ri.et#~ City ofS~igh~and Park - City ofowe - - City ef~S~rst ~ ~ ~ ~ . Cif ~f Iz~.ng CY~r of~eiler - C~ of Lakeside _ . City of La~nesa ~ . City afLindale City Little i~rer Arad Ci of ~ ty ~ansfieid . City ~f c~inn~y _ City of Midland - City ~flVlurphy City Qf ~a~t~] ~IC~Id 3iI5 City of ~a~ Point ~ - City of ~iDorrncii City of Odessa ~ . Cif ofPa~estine Cry a~`Paris City ~fichardson - City ofRoaz~oke - . Cif afRo~v~en Ct of SherZrar~ City of autblake City of Sur~yva~e - - ~ ~ ~ - City of S~vec:~ratei . City ~FTe~~~e LM ~ ~ ~a 8 ~ 6 ~an~TeSS .Aver~t~e ~~~~e - . : ~ nfi been t~~r,~g ~ommi~e~ o f TAU ~~ecc De~~~re ~t~os erred b~ ~y and ~U ~c~c ~eli~r Cow, an _ ~ ~ dear I1~r. ~ ~ere~~r a~k~~~r~ed e ~ - - I ~ a~ e teer~g azr~.ittee of itie ecc ~~~.~r~r~, ~ die auo~ ~a served ~ , ~ ~ act on be~a~f of ~e of negotia~~~~ aid exectzti~r~ off' ~ se~er~e o~n~an , nt ~greeznent i~h T~ ~Iect~c D~~i~e Y ry ~ also re re~eu~ that ~ ~ am duly ~uthor~zed b e Y o - st ~ fetter. ~ ~ ~o ~~~ce~e~y, ~arn.e~ ~Paitian~ i - - r _ ~ Enclosure 2 Agreement to Resolve Outstanding Franchise Issues between TXLJ Electric Delivery and the Steering Committee of Cities Served by TXU Electric Delivery dated January 27, 2006 Lm , f i - ins eernent ~o ~Resa eve ~~ts-~andrng ~rarrchise issue a entered zn~a bet~reen T~ ~Iec ' ~ ~ ~~e~rnent' } ~s made arzd Com - c Dei~ver~ Cor~pan~ ~"E~ectrio Delve n~~ttee of Cities ~er~ed b~ T~ Alec ' ~ d e teerzr~g ~hibi~ to tnc Deli~er~ Carnpan.~ ors behaif of all thrs ~green~ezzt ~`~Cities~~ herein zt~e ~.sted the cIt F der referred to ~ czntl here ~ 7} ies I~sted c~ ~hrbrt A ~o this ~ eeme ~ ~ ~gnatarzes.. ' ~t are here~naf der referred to - "em.~e . , . - r C~~es. several I4~er~~e ` ' r Cxtzes have e~pre,~sed concern about ~ . ca~nple~cit of rn.anagin, utilities zn u , - ~Ze mcren~ cast and p biro ~gh~s~o~=wad ~.r~d the desire ~o camper~sa~ion from u~Iities far theiruse ofsuc - receive increased h rig~~s~of=wa~r; - - ~A several , _ - . ~ I~ernber Cz~~es, receive the~~ ~~ectnc Dezive~ an ~ rase franchise fee paner~ts fray . - p p ctzve early ha~i have e~preaed ~~nterest " prospec~ve ~uarteriy patents; ~ m transrt~og ~a ~R.E~ the i ~ , _ gn~ones desire to resolve autstadm issues rola~ed to franchises; and . aver e~terzsive ne otia ' thaw Issues. ~ ~o, the Ignator~es have reached a ~esolu ' ton of ~~E~`Ci~E, the i atone • - agree tv e fa~lo , thro~rgh they undersigned r res.tatxve s, hereby The Signatories a e ~ e that this ~greernent~shall becen~e effec ' ~ . of this green~ent ~ of the ~~t~io t~ve o~3' upon the execu~an n and odizcation of Settle~,erzt A ee t ~3gnataries dated ~anu.ar~r ~~~5. ~ en bet~ee~ the -The effectiveness of ~ ~ pursue to the terms of Sara hs 4 ~`ee~ten~ sb.all be accanxp~~~hed ~ ee e P and 19 of t~Ze ~~tension , and odr~ZCa ~ xn rat. tYan Settlen~en~ ~ • Tv rec a ' e the ' . ~ ~ncreaszng cost ar~d cornp~e~ ~ • ~ ~ . ~va~r, ~iectr~c Delive a ~ ut~~t~es pudic r~ ts~o~= ry fees to rncrease the fran ~ Z~~b chzse fee factor fir each Member . Y ~ ~ ~°I~. The fchise fee factor ' C~t~r on multiplied Mmes Ze ~ zs the aznourzt per lev~att hour ~~ch is - wmber of k~lo~vatt hours of eleetrici each retail custarner whose ca ~ t delivered Electr~e Delve to wing facility~s pint of delive is la ~ Ci~y's ~.unielpal bounda~es. Alec " sated wztlz~ the Member .c Delivery v~ill also increase ~e franc ' paid to the Member Cities an add' ' ~ hose fee footer #o ~e Bann ~ ~trcnai ~ IQ an ~antzar~r ~00~, an ~ar~u ..OD9~ far a total poten~al crease ~"Y 7, and are December ~ ~ of 5°~~. above the franchise fee factor ' ~hihxt .B tc this ~~eement , , ~ effect an alI iernher Cities in ?~a ~ re~ects the fxar~ch7se fee factors iu e~`e . , and the ~ncreased~ frazrc~rzse fee fact ct far thz paragraph fer ?0~6, ZOD i ~?D~ ~ ozs far ?ez~ber Cities provided h ~lecu~c D~li~ver,r's ob~iaati~n to ' ince~ franchise fee fac~ , ¢ increase Its franchise fee paerrts to re~ect t . ors descr~b~.d In para. h ~ cease ~ he~ ~~ec~r,o Dellve rs calked In for a r P s crr ~e dare upau whrch: ~ i ~r~' m~.z~].rcl ? ~Iecc ~ eizver ~ ~ ~~es rs zn~~i~t ~ ~ Ir ~ proceedz~~ caneer ed under Subchap~ers or D a - the Public l~'tztrt~ iRe a.ta 1-~(yr• Y + { rage f Lm m pct, ~Jt~I. bode Title ? . ~ ~ ~U~ ~ hap~~~ ~ ~ rocee~zn affects ~ ' ~rate~ is i~~ated as a rean.~t of a ~ . ~ ~Ie~c De~z~rery ~ . se~Iern~nt~ ar ~e~i~at~on heca~rtes effective that ~anchz~e fee authort~ed day rna~zes the The i~atar~es a~ee tI~a Ede F ~ if the Public T~~Iity ammi~~on of Texas d . ctrzc ~e~z~rery ~ rates of~he fews assaczated ~ enies recavcry In th the increased chzse fee factor desc ~ P~ph den the franchise fee f~ctcrs ~rnmediat ~ reed - effect on Dec ely re~r~t to the franchise fee factors ` ember 3 2a~5, ~~ect~c Delve v~i~I - zn a~~igat~on ~n ember ~ ~ ~°t eel to dose . refund or credit x~e for franchise fe°s alrea~. aid and . factar~. ~ p er the increased franchise fee . Electric Derive a ee~ to - - amend Its ex~~ng franchz~e areeinents ~ axes ha receive their annual franchise - those l~e~n.ber fee payn7en~s from E~~ctric Derv vn a r baszs, and .who wish to receive frar~cis 'Y p ospea~ve . fa~Ia ` ~ e fee ~ayrnen -~n ~ ~~arter~y bar ~o re~ec ~ ~ . - paints, hnp~emeii~an of this amend ~ ~ die . a ion. ~ merit be ~.t each e~r~ih~e e~nher Ci ' ~ ~ ~ hit of ~nl~er Itie PhD ai'~ for the . e~z~hle ~e ad~raiitage of this xav~sion.. pzrrAoe~ of~ this Agreement, nvzie e e " ` ~ . ~ De~~ve ' ~ ~ ~ gad the ~er~ad during h~ch ~~ectric ry III have die right to use the ublic rx ts~ y cutazner. ~ of gray to deliver elecc~t to ~ red basis period" ~s the period dxzrir~ ~h~ch ~ ~ ~iase cor~uxn~n ' ' ~ ~ ~ h de~ivezed each ret customer g facility ~ point of deliverer is located. i . hou~darze ~ used fo ~ ~e ember pity's munici al~ r the payment calculat~o~. - ~ ~a-~ ~ ca~e~,dar ~ ear - + ~ 0~, the annul payment to he made ~ Alec elzihle Member pities ~i~I be ~ txic Delr~ery to the ~~id ui ~ on the date re~gnired h tie l~c~.61 ' ~ F e chin agreement. electric Delive a ~ ~ . . ry gre~,s to amend the fzanchz~e of ehgih~e 1e~.~er pities to ~ . ~nar~erly payments on a ro ect~ve ~ make . P basis m lieu of ~e annual ~ro active pa.yrnents as fellows; ~ P A gn.arteriy payment schedule . Ii he estahl~sh,ed ~vi~h the ~r~t t~er~ . . p~.yment due three ~onth~ aver ~ ~ F the ~O~ ~niia.i payment date ~ ~e e~cist~n franchise. . {t~.} ` the franchise amendrrient re~.ec ' Ong thus .Agreement is riot effective rior to the first quarterly payment date, L~~ectric De . ~ livery ~i~. pay any gn.arterly pay7men due 'within 3~ days of the effective dot able uent e e a f the amendment. ~ P Yin n.ts be made ~n accordance esta~ Iished the r'anch' th the schedule - Ise amendment, - {~ii,~ The hasis eriQd used. ' ~ - - - P ~ ~~~errnin~n~' first ~ua,~teriv ~vT~ i~ the three-month period iminedi ~ + p ~ ~ I be ately fo~lowin~ she end of the hasis eriod desi~ated ~ the e~isdr~~ frar~.chzse a e p r enient that corresponds t~ the last annual payment made in ~O~b, The ~as~ er~od ~ - - suhseauent u~r ter~v a p used z~ detern~zning eac;~~ . . ~ ~ p yrnent will be the ~sequer~t three-month e " p nod. Y Page 2 LM S - ` . F ~x~'.~ The privilege p~z~ad capered ~v ~ ~rs~ quarterly payment will ~be the three-~nanth perr'ad I~.rn.ediatel fallowin - - des ~ ~ . the end of ~e pr~v~Iege penod mated ~n the e~~~ttn~ frc.~e ~ eer~en~- tha aua~ ~ t corresponds to the fast ~ yrnez~t made m ~00~. The privilege e~od far each quarterly a ent will P s~.hse~uer~t P Ym be the subsequent threeTrnanth ez~od. P For art e-Iz~Ie 1ern~er that ~ ~ looses to amend its franc~se a eernont~ ~Iect~c l~eli~rer~r this manner Eleoc • ~ Dell~ery w~Il cease to made anal ~anchise fee p~yrnents aver ~ecern~er 3 - - In r~o instance • - wxl~ ~lectc delivery agree to a e require p~.yment for the s • • . ~ ~ nt prov~srans that would - e pnv~Iege ~per~ad twice. . ~ ~e.~ The franchise amen . anent must extend the term of the . . areernent for at Ieast eve a mended ~ranoh~se y ars beyond i current* expiration date. ~f'•~ since the t~arter~ ~ ~ . q y franclx~se payments w~I~ canes and to a + . is mare than I~ months P pr~~~ee p~riad that beyond the date ~f the. pay.ent no ~ w~II ~e rr~ade dxn the ~n anclnso payzn.ents ~ year of the franchise terra unless the extended as set aut herein. .chase is The amended franchise agreement wzll ' . prevision a~Iowmg l~~ecc ~elzv t ~nc~ude ~ . ery a elect to make one ar more nI payments duz~ng the year ~f the fxanchY~e t ~ ~ carre~pond~r~ nurnbe that will prepay ~ fall the ~ r o f quarterly fZa~.chise periods that extend would otherwise be the berm of e ~eYond what franc~,se a~eernent. The amended fran ' areen~ent will include a provislan re u.. chtse agreement mast ~ Ong that any ~sequent franchise ' reoognize that any quarterly payments ~na~.e dur of tho amended franchise a Berne ~ ~ e final year nt tee canstltllte full payment fox therelevant - quarterly franCh~so penodS. - n~~~S the ~~ItIIi~ fI`ar1ChIS~ a ~ date en~ent ~s date to expire I~ m.o~th of the this agreement is rat~~ted, no aver ch ~ - ar~ges to e franchise wild be included as ~ art o f this fi~richis a amendtner~t. ~f the ex' . as#~ng fran.eh~s~ agreement ~s due to - expire ~ith~z I~ months of the date s ~ e i • . , to negotiate other ' ~ ~ anent ~s ra~l~ed, the pares abrlity - pra~nsians of the francl~se at the time the nchise ' to acccrncdate this ~reernent is not so - ' .rs amended Ixnnted. each ersan eye P cutzn~ tl~s ~~'eement represents that he or ' - ~greern,ent on behalf of the art r she 3s authon~ed to Slgn thls P y epreserrted,. The i,atories e~pressl~r ackna~r b~ Ied~„ and a~ee that oral and Ott Pay ar its.representat~~re dunn~ the course o en statements made cannot he used or f the riegatYatian,s that Ied to s e° portrayed ~s azr ~Issian ,or concession o meat ad~.sst~le as evidence in aria r ~ ~ anv sort and shall not ~e p ocee~tn~in any far~.in. Page 3 LM E~e~u~~d an t~~~ ~1~~ a~' ~f fan ~ ~ uar~, .,0~~, by tie ~g~a~ar~~~ ~~r~~a a their u~dersi~ed duly a I~ari~~d r ~ ~ _ nd thra~~~ pre~~~t~~~~es. ~~,T ~~e~~ric ~el~~~rv OIL ~ ~ ~Y ~~e~z~ng Ca~rz~~te~ off' zee ~ served b~ ~Iec~~-ic Deiz~er~ Cam ~v o~ be c~~. ~ ~ half of a~I irted au E~~ibi~ ~4 ~a ~~I~ ~ ~en~ - ~ - f M Fr) ~ T ~ ' I ~ ~ - ~I Qf .~~1~~St}Tl , City of ~I~li~nd ~ar~ I ❑f ~•~~.~~rei5~ Park pity of ~Ilen Ct oi' Hone ~ City of Alvara~ ~ y Crra~~e City of ~cnu~ - ° Ct ~f Haws - C~ ofAnarew~ - City of ~Taca City of Hirst Ci ❑f ~'a~au a Cl of Archer ~ Ci of Hu ~ Cif ~fAr~ir~ an tta City of Sze settlement City of n~ City af~3eiton CYty a~ ich1~. Falls Cif of JaI1y Ci of aad~ Cif afBcnl~roak Ci • of ~ ' ' Cityof ~i ~ . ~ asep~ne ~ ~n~ City ~f Justin . Cti~ ~f~re~enridge uf~a~ ~ - - Ci ofBr7d ~Y f~~,n gepo~ City of feller - ~ . Ct~ ufBro~vn~raad Ci of here . Ci of$uffala its City afL~keside - . City of~urk~~~n~tt Ci af~,a ~ . City ofBtirlesan mess City afLindale City of Caddo l~ix~~~ Ci of Lit~~ - Ci of Garner ~ ~ fiver ~ca.dcmy . ~ °n` City afala~aff Clty of Cantar~ - ~ Ci ~ f Ci of Carro ~s~eld . tY ilfion Czty of ll~cir~e ~ of Cclina ~ ~ Cif of 11~id~~nd City a f Center~i~Ie ~ Ci o f - • City of C~ebume ~ h~ City ofnreson City of Calley~I~e Ci afe~ ~ ~ . - City of Ca~lvil - ~ Chapei H~ix le .~~ty afah Richland ~i7~s • CYO of Comanche Ci of ~'I~a Cl~ of Cannth - nnell • , City of yak Leif - City of Cro~tey Ci of OaIC Pa' - - ity of a~~as ~Y tnt . City of Odessa . Ci~r of lea}wart~ing~orr Ci af~vil C~rdcns t3' la City of Palestine City of I~eLean City of Pante a City Qf ~en~son ~ - ity of saris City of E~x~y i of FI Ci of East - ~ ono tY and City of Ran er . Cz~ of~dgecliff~illa e ~ ~ zty of Rhome . City of ~a~css Ci of ~it+h ~ ardsan . City of Farmers Branch Ci of Ric Ci afF3ower bland GIs IV~ound Crty af~a~nake City of F~re~t I~l~ Ci ~ Ci of F f Rab~nson ~ ort earth City afRackwall' City afFz~sao Ci afRa r Ci of Fran ' sse, . . 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City o~~ Calon~r City of ~7enisan City of at~ug~ . - City of ~ar~y Ci of ~ . of ~a~t~a.nd ~ etc Setticmcnt City of ';ch~~ F~i~~ - C~t~ of ~dg~c~iff ~illa~~ ~ Ci off' aadw . Ci#~r of ~u~ess _ ay' Cft~r of farm ~rar~~~. City of ~'~a~r ~u~d ~ - . City of Forest Hr~~ CI~J Q~ ~xlen~ ~ef - CI~y of brand C1 Q~ ~~II~~~ City of ~rapevir~e ~ . City afHea~h ~ - Ci a~enrietta - Cit,~ of e~vi~t City of any brava - - City a~' ~r~ng - City off` 3~liy - City o~'~o~ep}~in~ . City Austin City of ~,ake~ide ~ . o~`~amcsa . ~ Ci~r of little River ~c~d~rny _ City afai~.ka~f . Cif of ~ans~ yid - . Cif of cin~ey _ - . City afi~Iid~and . Ci~r of urehisvn Ci~r a~ urphv , Cif ofe~r Ch~~e~ Hi~~ Ciry afarth Ri~h~and ~3~ils _ i~' a~' ~'~ar~neil Cif of Oa.~C Cf~y ofDa~ Pains ~ - ~nn~a~ Pr~p~~ ~or~R~~~~~ng a~~n~~e ACKERLY CHA~lDtER FAIR~IE~~1 KN~Lt~iO~D NACOGDOCHES REi~q-LAMAR . I~A~~Y V ZE~II A~~O CHrCa ~ ~~RSAN KRUM NA~ARRO RE~10-PARKER VAN AAA CHE~~ GA~N~ESII7~LE LACY-f~,KEVrE NE~IA~A ~ RETREAT 1~EIR AN~LI~ CLARKSVILLE~ GARLANa LAKE BRIDGEPORT NEB FAIRVT R~CHLA~D ~Et LS ANNA COAHOMA GARRETT LACE DALLAS NE~IARK RIESE~ V~IESI~RaOK ~aRT~ Ca~aRaaa~ClTY GEGRGETO~IN ~~E o~TH NEYf~tNDVA~ RI~1ER OAKS E5T0~lER H~ttS ANNETC`A SOUTH COMMERCE GH~L50N ~ ,LAKrD ~ ~ ~1~ORTH . E CT~Y ISO L~4~l1~I1.L,E RI~SCO E VILLAGE ARP~.EBY CGOL GODLEY LATE~O ~fOD~[DAY RG7C~`ON ►NICK~`T - . ARGYLE CaOPER GOtrNpA ~A~a~ NORTF~LAKE ROYSE CrCY ~LL~Vf P ARK ATHENS C~PPEtL. GOOQLOUV LEaI~A OAK GRp~1E RUNA~NAY 8AY ~N~LM~R AURORA CORSICANA GORMAl~ SOY , QAK VAtL~Y SACHSE ~II~#pO . AZL~ CRANDA~ GRAEORD LINDSAY QG~SBY SAdL~R N1~ BALCH SPRI~lGS CRANE GRAHAM LiFA~ PARAI)L5E SAGINAW ~MftIE BARRY - CRESSOI~ ~RANaPA~,S tDRAINE PARKER SA~Aa~ YAI~TIS . BARTL~" CRO55 RaADS GRAPELAND L.pREIVA, PAYNE SPRINGS SANC`T'UARY ~4VA~1,A . EEDRD CUMBY CUB BARRY,. CITY LOVELADY. ~ECAl~ HILL SANS~M PARK ' BELLE~lI~E DEAN HA~~gM CITY COWRY CROSSING PEN~.OPE SAVaY BELL~iEAD ~E~aTa SAS M~R~H~~ cREE~ ~~LUG~R~r~ SHAa~r SHaRES BE1~ pIBQLL HEBR4N MAYPEARL RtEASA~' VALt~Y ~aUTHMAYp BE~IERLY HrLLS p~DD C HICKORY CREEK ~ CHIS~OLM ~O~IOER S~RINGTO~NlV . ~a~r oAK spa . BLUE ~OUNO DaRCHESrER HraEAAY MELISSA CTIY 5'rANT~N BRUCEVrLLE-EDDY aUNCAI~I~IL~.E HaLLipAY MILAI~a PCTTSBOR~ SUNSET 8~lCKHOLTS EDOM HUaS~N MILDRED ~ POWELL THORNTgNVILLE $URKE ELECT- ~ HUDS~f~ OAKS f~ILtSAP PDYi~OR THRALL BYNUM ~ EtGIN HLiTCHIN5 ~108ILE.C~lY PRINCcTO~ TIRA ENCHANTED CAi~PBELL OAKS IO1NA PARK MOh~A~iAI~S PYaTE Taal MORGANS DINT CANEY CITY EfJRE.'{A ~GSH~IA . RESORT ~UINLAi~ TRINIDAD CARSON EUSTACE ~E:.NE i~UcNSiER RAVE~I~IA T~CaPHY CtU6 CA5s1~ON COMMUNITY E~ERMAN ~CENNEl3A~.E MUSrA~G RED OAK i1~0Y 1 AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ross Chadwick 349-8830 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of an Nabco Model 64-GT-SCS Total Containment Vessel for the City of Denton Fire Department as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS-5-84090); providing for the expenditure of funds therefore; and providing an effective date (File 3517 -Total Containment Vessel for Fire Department awarded to Fisher Scientific Company LLC, in the amount of $275,000). BID INFORMATION This bid is for the purchase of a Nabco Model 64-GT-SCS Total Containment Vessel for the City of Denton Fire Department. This piece of equipment will enable the Denton Fire Department Bomb Squad to safely transport a hazardous device such as an explosive, or chemical/biological weapon. This acquisition is part of a regional project approved by the 2005 Urban Area Security Initiative Grant Program. This proj ect is funded 100% by the Grant Program. RECOMMENDATION Award a contract with Fischer Scientific Company LLC, for the purchase of one Nabco Model 64-GT-SCS Total Containment Vessel in the amount of $275,000 utilizing the TXMAS program pricing. PRINCIPAL PLACE OF BUSINESS Fisher Scientific Company LLC Hanover Park, IL ESTIMATED SCHEDULE OF PROJECT Delivery of this item will be determined after placement of the order. The Fire Department anticipates delivery by November 2006. Agenda Information Sheet June 6, 2006 Page 2 FISCAL INFORMATION This equipment will be funded entirely through the 2005 Urban Area Security Initiative, which is part of the State Homeland Security Grant Program-Account 342007.6372. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Fisher Scientific Company LLC Quote 1-AIS-File 3517 Attachment 1 . ~I~~l18~20a~ X9:1 ~~m F r~~~~ ~ ~ T ~ ~ 1 C 1 X30 ~~Ol , x.. T~9~~ ~ . ~~~1~02 ~l~8 ~~J~~A~~~N _ ~A~ IN AN~~'1R T~ Y~U~ R~~~T 1~~U~~~rT ~'~~A~~D T~ C~~J~TE THE FOE.~OY~f~~~ IT~M~, V~~ tNK ~ ~v~ r~uR a~~u~~~r. ~~~~s r~ar~s ~~e~a~a~v~ ~~s ~~~~os~~ ~~►Y ~~~~~s~~~ rca, ~M~ Your ~ccou n~~, ~ fi~~ gyn. ►~a. ~~~~~a~~~. ~~'~N~N~3 D~4T~ ~U~T~M~FI REFERF~i~E hl~, PR~C~~ ARC F1~M T~fF~~; . 1~;~~Uhl'i r 11i i1Rf 'rte ~ 1 • ~ 1 ~1. L~ f \ ! F 1i.i *~F 7I ~ ~ 'rY ~ ~ V ~ 7}► e1M F.i Ji f ~}y~ }~+y~ 7~~{r y/~i+yy' Hr■y~ 'T} '~{t ~~/y}~r'RJ R~ f ~w yyy,,,,,,W`AAA { f~ J~ I ! 5~~~~~~ ! 1~~~~~~~~]} 1 ~Y7 `T~ f ~Y i { I~~~YLL MIFF F Nk.~. ~~Fll4 R ~~T T ~Al.~.~~ ~~~Y[ 1}~~1 • ~I.~ I ~1~f~~~ i ~IY~ a ~~~~~r~~~~~~~~~~~~~~~~~~k~~~.~~~•r~~~~~~~~~~~ ~ ~~f ~~N ~ -....r «a ..a ~s r~a~ ~u~r~►T~o~a ~u~~ R~ ~~~~~~a~~~ v~~fi~ r~~ x~~~~ ova ~~~~~~r~~ ~P~~~~~ T~~ H~~~a~t SALANCFS F19MAINING UNPAID AT DUE DATE ARE SUBJECT TO SERVICE CHARGE OF 1'14% PER M0NTH UNT2l.;Ain ORDINANCE N0. AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF AN NABCO MODEL 64-GT-SCS TOTAL CONTAINMENT VESSEL FOR THE CITY OF DENTON FIRE DEPARTMENT AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION (CONTRACT TXMAS-5-84090); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3 517 -TOTAL CONTAINMENT VESSEL FOR FIRE DEPARTMENT AWARDED TO FISHER SCIENTIFIC COMPANY LLC, IN THE AMOUNT OF $275,000). WHEREAS, pursuant to Resolution 92-0 l 9, the State Purchasing Building and Procurement Commission 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 on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Building and Procurement programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 3517 Fisher Scientific Company LLC $275,000 SECTION 2. By the acceptance and approval of the above numbered items set forth in File 3 517, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in File 3 517 wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-ORD-File 3517 HANDOUT TO COUNCIL 0 001O~D AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2006 Questions concerning this acquisition may be directed to DEPARTMENT: Materials Management Tonya Demerson at 349-8129 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting sealed proposals and awarding a contract for high technology procurement of a digital color copier/network printer for the City of Denton Reprographics Department-, providing for the expenditure of funds therefore and providing an effective date (RFP 3479-Digital Color Copier Network Printer -awarded to IKON Office Solutions, Inc. in the amount of $250,704). BACKGROUND INFORMATION A committee of representatives from reprographics, purchasing, technology services, customer service, and city managers office developed a request for proposal (RFP) document to evaluate replacement options for the Xerox DocuColor copy/print system. The Xerox DocuColor 2060 lease expires in June 2006. Currently, Reprographics has three units for black and white copy/print options and one color unit. There is no backup color unit available for high-priority or rush projects. None of the black and white units offer the same functionality (cardstock printing, envelopes, stitching). Most finishing processes are currently done manually ofiline (hole punching, saddle-stitching/stapling, collating). Current combined costs for black and white and color units are approximately $10,195 monthly and $122,340 annually. After evaluating all proposals, the committee has the following options: • Option 1: replace two existing black and white units and one Xerox 2060 color unit with two color (IKON CPP 500) units and one black and white (IKON PCP 1050) unit with Powerpress software connecting all devices • Option 2: replace two existing black and white units and one Xerox 2060 color unit with one color (IKON CPP 500) unit and one black and white (IKON PCP 1050) unit with Powerpress software connecting all devices • Option 3: replace one Xerox 2060 color unit with one color (CPP 500) unit PRIOR ACTION/VIEW (COUNCIL BOARDS COMMISSIONS) Xerox 2060 contract was approved by Council by Ordinance 42001-007 on February 20, 2001. RECOMMENDATION The committee recommends Option 1 (replace two existing black and white units and one Xerox 2060 color unit with two color (IKON CPP 500) units and one black and white (IKON PCP 1050) unit with Powerpress software connecting all devices). Agenda Information Sheet June 6, 2006 Page 2 The recommended systems in Option 1 were fairly based on the overall solution including lower costs, greater flexibility, additional options which lead to greater efficiencies and additional revenue potential, higher speed, and back-up availability, thus greater productivity. With Option 1, the City can save approximately $38,736 annually and $116,207 over a three-year term. Additional soft dollar savings can be gained related to enhanced productivity and efficiencies with the inline functions and connectivity offered. The proposed solution in Option 1 includes software that allows black and white and color jobs to be split between appropriate units, which eliminate manual labor time to collate projects, and reduces costs of black and white prints done on a color unit. This system also includes inline stitching, folding, collating, and hole punching options, which eliminates and/or reduces manual labor time. The more finishing options done in- line by the machine, reduces the need for temp services for manual finishing projects and eliminates the need-for current offline finishing equipment, thus further reducing current costs. The committee recommends approval of the contract for the lease of two IKON CPP500 digital color copier/printers and one IKON Print Center Pro 1050 Production Unit with PowerPRESS Controller/Software for a 36-month term at a total cost of approximately $250,704. PRINCIPAL PLACE OF BUSINESS IKON Office Solutions, Inc. Sherman, Texas FISCAL INFORMATION Funding for the contract is budgeted in Reprographics account 4830100.6306. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: RFP Evaluations Attachment 2: Current Volume ATTACHMENT 1 Recommendations Replace color and b&w units. Replace Xerox 2060 and Kyocera 6030 unit with IKON units. Current Costs: Monthly Annual Color 2060: 9,357.99 $112,295.88 No back-up color unit. B&W (Kyocera, 2 b&w units Canon : 836.99 10 043.88 Total: 10194.98 $122,339.76 Recommended Option 1: Replace color and b&w units with 2 color/1 b&w Current Costs Pro osed IKON Monthl Annual 36-mo Monthly *Annual 36-mo 10 194.98 $122.339.76 $367,019.29 6 967.00 83 604.00 250 812.00 Estimated Savings: $3,227.981 $38.735.761 S116.207.28 *Maintenance would not escalate. Option 2: Replace color and b&w units with 1 color/1 b&w Current Costs Pro nosed KON Monthly Annual 36-mo Monthl **Annual 36-mo 10 194.98 $122.339.76 $367,019.29 $6,52 .75 S78,32 0.0 234 963.00 Estimated Savin s: 3,668.23 44.018.' 6 132-056.29 **Maintenance would escalate at 5% per year. Benefits of IKON solution: IKON solution includes software that allows b&w and colorjobs to be split between appropriate units, which eliminates manual labor time to collate projects. Reduces costs of b&w prints done on color unit. Includes inline stitching, folding, collating, and hole punching options, which eliminates and/or reduces manual labor time. The more finishing options done in-line by the machine, reduces the need for temp services for manual finishing projects. Inline folding and stitching options eliminates the need for current offline finishing equipment, thus further reducing current costs. Units have the capability to print Mylar tabs, which will generate more revenue. Mylar tabs are currently outsourced. Software has many features that will allow users to manage jobs more efficiently and eliminate some manual processes. Increases paper print options from 12x18 to 13x19. With the proposed b&w unit, we will be able to eliminate two existing units (Kyocera, Riso). Option 1 will allow for a back-up color unit and increase speed from 60ppm to a combined speed of 100 ppm, which will increase productivity. Cons of IKON solution: Option 2 would result in a loss of speed/productivity (from 60ppm to 50ppm). 1 Option 3: Replace color only Current Pro nosed Technifax Monthl Annual 36-mo Monthly Annual 36-mo 9,357. 99 $112,295.88 $336,887.64 2 577.73 30 932.7 92 798.28 Estimated Savings : 6 780.26 81 363.12 244 089.36 Current 2060 options: Current Xerox 2060 Monthly Annual Monthl Annual 9,357.99 $112,295.88 9,357.99 112 295.88 Estimated Savings : - Monthly Annual 2Purchase Monthly Annual 9,357.99 $112,295.88 12 500.00 % 1999.00 45 488.84 Estimated Savin s: 8,358.99 66 807.04 Keep existing unit. At end of lease, terms are month-to-month at current rates. 2One-time purchase cost: $12,500.00. Estimated annual maintenance costs: $32,988.84 ($1,999 per mo. w/25K volume; color overages @ $.061/.0161 b&w. Supplies not included. Maintenance costs will vary based on volume. Keeping existing units does not allow for the inline finishing capabilities of the IKON proposed solution and no backup is available for color. Additional costs for supplies. 2 Evaluation of Proposals Vendor IKON Speed 50/105 Pricing Monthly Annual 36-mo. Monthly Annual 60-mo. Color Only $2,898.60 $34,783.20 $104,349.60 S2.573.36 $30,880.32 $154,401.60 2 Color & 1 B&W $6,964.00 $83,568.00 $250,704.00 1 Color & l B&W $6,526.75 78 321.00 234 963.00 5 147.08 61 764.96 308 824.80 Equipment Proposed Color Equipment: 1 or 2 IKON CPP500 and 1 B&W: PCP1050. Includes 30k color, 50K b&w. Color overa es 0541.0168 b&w. Notes Site visit 4113106. Print sample files provided. MINIMUM REQUIRED FEATURES New equipment ® Yes ❑ No Adequate service levels ® Yes ❑ No 600 x 600 dpi ® Yes ❑ No Backup service plan included ❑ Yes ® No Document Feeder ® Yes ❑ No Delivery schedule included ® Yes ❑ No Paper sources ® Yes ❑ No Training plan included ® Yes El No Paper capacity 4,000 ® Yes E] No Company contacts included ® Yes El No Connectivity 9 Gb ® Yes ❑ No References included ® Yes El No PlanetPress ® Yes ❑ No Other requirements met ® Yes ❑ No Fulfills minimum requirements ® Yes ❑ No Billing: Semi-annual or annual reconciliation ® Yes El No Electronic meter retrieval ® Yes ❑ No Color proposal onl ❑ Yes ® No Includes b&w ® Yes ❑ No DEMO RESULTS POOR GOOD EXCELLENT Copy quality 1 2 3 4 5 6 7 8 9 10 User friendliness (walk up) 1 2 3 4 5 6 7 8 9 10 Paper handling 1 2 3 4 5 6 7 8 9 10 User friendliness (networked) 1 2 3 4 5 6 7 8 9 10 Toner recovery 1 2 3 4 5 6 7 8 9 10 Toner recyclable ® Yes ❑ No Outside structure 1 2 3 4 5 6 7 8 9 10 Overall Rating 1 2 3 4 5 6 7 8 9 10 Comments and Recommendations: Recommended unit(s) EVALUATION TOTALS Pricing (40%) 40 Delivery schedule (5%) 5 Service/equipment performance (25%) 25 Flexibility (5%) 5 Overall responsiveness to RFP (20%) 20 Billing (5%) 5 Total 100 3 Vendor Technifax Speed 50 Pricing Monthl Annual 36-mo. Monthly Annual 60-mo. Color Only $2,577.731 $30,932.761 $92.798.281 $2,174.461 $26,093.521 $130,467.60 Color & B&W No b& w proposal Equipment Proposed Color Equipment: Konica Minolta bizhub Pro C500 Includes 30k color, all b&w $.015. Color overa es .052. Notes Same color unit proposed as IKON MINIMUM REQUIRED FEATURES New equipment ® Yes El No Adequate service levels ® Yes ❑ No 600 x 600 dpi ® Yes El No Backup service plan included ® Yes ❑ No Document Feeder ® Yes ❑ No Delivery schedule included ❑ Yes ® No Paper sources ® Yes El No Training plan included ❑ Yes ® No Paper capacity 4,000 ® Yes El No Company contacts included ® Yes ❑ No Connectivity 9 Gb ® Yes El No References included ® Yes ❑ No PlanetPress ® Yes ❑ No Other requirements met ® Yes ❑ No Fulfills minimum requirements ® Yes ❑ No Billing: Semi-annual or annual reconciliation ® Yes El No Electronic meter retrieval ® Yes ❑ No Color proposal only ® Yes El No Includes b&w ❑ Yes ®No DEMO RESULTS POOR GOOD EXCELLENT Copy quality 1, 2 3 4 5 6 7 8 9 10 User friendliness (walk up) 1 2 3 4 5 6 7 8 9 10 Paper handling 1 2 3 4 5 6 7 8 9 10 User friendliness(networked)1 2 3 4 5 6 7 8 9 10 Toner recovery 1 2 3 4 5 6 7 8 9 10 Toner recyclable ® Yes ❑ No Outside structure 1 2 3 4 5 6 7 8 9 10 Overall Rating 1 2 3 4 5 6 7 8 9 10 Comments and Recommendations: Did not demo; same color unit as IKON. EVALUATION TOTALS Pricing (40%) 40 Delivery schedule (5%) 5 Service/equipment performance (25%) 25 Flexibility (5%) 3 Overall responsiveness to RFP (20%) 15 Billing (5%) 3 Total 91 4 Vendor Denitech Speed 55 Pricing Monthl Annual 36-mo. Monthly Annual 60-mo. Color Only $3,138.73 1$37,664.76 1$112,994.28 $2,824.50 1$33.894.00 169 470.00 Color & B&W No b& w options for mixed roiects. Equipment Proposed Color Equipment: Ricoh Aficio 5560 Includes 30k color, 10K b&w. Color overa es A. 0651.0095 b&w Notes Print files provided 4118106 MINIMUM REQUIRED FEATURES New equipment ® Yes El No Adequate service levels ® Yes ❑ No 600 x 600 dpi ® Yes El No Backup service plan included ❑ Yes ® No Document Feeder ® Yes ❑ No Delivery schedule included ❑ Yes ® No Paper sources ® Yes El No Training plan included ❑ Yes ® No Paper capacity 4,000 ® Yes El No Company contacts included ® Yes ❑ No Connectivity 9 Gb ® Yes ❑ No References included ® Yes ❑ No PlanetPress ® Yes El No Other requirements met ® Yes El No Fulfills minimum requirements ® Yes ❑ No Billing: Semi-annual or annual reconciliation ® Yes El No Electronic meter retrieval ® Yes El No Color proposal only ® Yes El No Includes b&w ❑ Yes ® No DEMO RESULTS POOR GOOD EXCELLENT Copy quality 1 2 3 4 5 6 7 8 9 10 User friendliness (walk up) 1 2 3 4 5 6 7 8 9 10 Paper handling 1 2 3 4 5 6 7 8 9 10 User friendliness (networked) 1 2 3 4 5 6 7 8 9 10 Toner recovery 1 2 3 4 5 6 7 8 9 10 Toner recyclable ❑ Yes El No Outside structure 1 2 3 4 5 6 7 8 9 10 Overall Rating 1 2 3 4 5 6 7 8 9 10 Comments and Recommendations: Vendor provided printed samples. EVALUATION TOTALS Delivery schedule Pricing (40%) 30 (5%) 5 Service/equipment performance (25%) 25 Flexibility (5%) 5 Overall responsiveness to RFP (20%) 15 Billing (5%) 5 Total 85 5 Vendor Ricoh Business S. ,stems Speed 55/51 Pricing Monthly Annual 36-mo. Monthly Annual 60-mo. Color Only Color & B&W $4,205.75 $50,469.00 151 407.00 S3.643.45 43 721.40 218 607.00 Equipment Proposed Color Equipment: Ricoh 5560 B&W: Ricoh 2051 Includes 30k color, 50K b&w. Color overa es .08/.008 b&w. Notes Print sample files given 4112106. Called 4114106 to inform that proposed unit could not meet print specs. MINIMUM REQUIRED FEATURES New equipment ® Yes ❑ No Adequate service levels ® Yes ❑ No 600 x 600 dpi ® Yes ❑ No Backup service plan included ❑ Yes ® No Document Feeder ® Yes El No Delivery schedule included ® Yes ❑ No Paper sources ® Yes ❑ No Training plan included ® Yes ❑ No Paper capacity 4,000 ® Yes ❑ No Company contacts included ® Yes El No Connectivity 9 Gb ® Yes ❑ No References included ® Yes ❑ No PlanetPress ® Yes ❑ No Other requirements met ® Yes El No Fulfills minimum requirements ® Yes El No Billing: Semi-annual or annual reconciliation ® Yes El No Electronic meter retrieval ® Yes ❑ No Color proposal only ❑ Yes ® No Includes b&w ® Yes ❑ No DEMO RESULTS POOR GOOD EXCELLENT Copy quality 1 2 3 4 5 6 7 8 9 10 User friendliness (walk up) 1 2 3 4 5 6 7 8 9 10 Paper handling 1 2 3 4 5 6 7 8 9 10 User friendliness (networked) 1 2 3 4 5 6 7 8 9 10 Toner recovery 1 2 3 4 5 6 7 8 9 10 Toner recyclable ❑ Yes El No Outside structure 1 2 3 4 5 6 7 8 9 10 Overall Rating 1 2 3 4 5 6 7 8 9 10 Comments and Recommendations: Declined demo after receiving print specs. EVALUATION TOTALS Pricing (40%) 40 Delivery schedule (5%) 5 Service/equipment performance (25%) 0 Flexibility (5%) 5 Overall responsiveness to RFP (20%) 20 Billing (5%) 5 Total 75 6 Vendor Xerox Speed 60/52150/65 Pricing Monthly Annual 36-mo. Monthl Annual 60-mo. Color (6060) 7,654.6 $91,855.2 0 $275,565.6 0 $6,064.6( 72 775.20 459 276.00 Color (5252) 5,062.6 $60,751.2 0 182 253.60 $4,027.6 48 331.20 303 756.00 Color (250) 6,635.0 $79,620.0 0 $238,860.0 0 $3,562.6 $42,751.2 0 S398.100.00 B&W (265) 760.00 $ 9,120.0 0 27 360.00 615.0 7,380.0 0 45 600.00 Proposed Color Equipment: 6060, 5252, 250 B&W: WC265 Equipment CPC rates include 30k color, no b&w. B&W unit includes 50K copies. 6060 cpc $.1985 overages @ .0837/all b&w.0137. 5252 cpc $.1306 overages @ .0837/all b&w.0137. 250 e pc $.1151 overa es 07311all b&w.013.7265 c pc $.0123 overa es .006. Notes Initial proposal did not include 36-mo. base rates. Rates faxed 4117106. MINIMUM REQUIRED FEATURES New equipment ® Yes ❑ No Adequate service levels ® Yes El No 600 x 600 dpi ® Yes ❑ No Backup service plan included ❑ Yes ® No Document Feeder ® Yes ❑ No Delivery schedule included ❑ Yes ®No Paper sources ® Yes El No Training plan included ❑ Yes ®No Paper capacity 4,000 ® Yes ❑ No Company contacts included ® Yes ❑ No Connectivity 9 Gb ® Yes ❑ No References included ® Yes ❑ No PlanetPress ® Yes El No Other requirements met ❑ Yes ® No Fulfills minimum requirements ❑ Yes ®No Billing: Semi-annual or annual reconciliation ® Yes ❑ No Electronic meter retrieval ® Yes ❑ No Color proposal only ❑ Yes ® No Includes b&w ® Yes ❑ No DEMO RESULTS POOR GOOD EXCELLENT Copy quality 1 2 3 4 5 6 7 8 9 10 User friendliness (walk up) 1 2 3 4 5 6 7 8 9 10 Paper handling 1 2 3 4 5 6 7 8 9 10 User friendliness (networked) 1 2 3 4 5 6 7 8 9 10 Toner recovery 1 2 3 4 5 6 7 8 9 10 Toner recyclable ❑ Yes ❑ No Outside structure 1 2 3 4 5 6 7 8 9 10 Overall Rating 1 2 3 4 5 6 7 8 9 10 Comments and Recommendations: No demo. Initial proposal did not include base 36-mo. rates. EVALUATION TOTALS Pricing (40%) 20 Delivery schedule (5%) 5 Service/equipment performance (25%) 20 Flexibility (5%) 5 Overall responsiveness to RFP (20%) 10 Billing (5%) 5 Total 65 7 v a 5 p "v m n M 00 L v m a vi a E a r O e o 0 e L d N N d n Z p a an d 0 y e~0 c r N F O 01 00 A 10 7 3 2 m E Z m n .n o v m '0 N -d LO Of CM w H n a w° n a °w v o' u m o m o E c mzo om'vmo ox 2n =o'nooO d> K D 0. z 0 d m n z E> a m c o v 0 a A N Z y O) 6 u p 0 ° 0 0 0 0 0 y° m E ) Q ) X G ~O = ~n M v~ ~n N v~ H y Z Z m 'O m Q N - c d e a 0 0 0 0 0 ° d~ ) ) ) ) ) In 'k ~ M ~n ~n ~n H y b LL w C C d p O v O 7 r 0 > 0 0 0 0 0 CL ) X X ) X p ZO t c N Y m Lo o C 6 00 o , O N O O 3 y p d ) X X ) X C. N > N N N N O ` L i d c o q cd ~ ~ C N > d O d z C o U o o d 0 0 0 a d T N d N N N O N Z Y E c ) ) ) ) ) 7 y Q 0 u M 9 It O O Gi U L d 0 C e o 0 o e C Y O O U O O O O O y~ U Ud X ) X X X 0 O 'C a 7 M< N ~ 0 d' ~ a U E N m y Q 3 N N ~ d r w E m m m E M (O V c 0 d C ) ) ) ) X U t p co vS m o m E _ t a e e p y U EA fA fA d U d N N d I I f E d v 0 0 om M 3 0 (0 v a r N V N T C D u oti v I~ of c -p c E •q d C) C) 0 o U O~ ~ 00 A N N? d o c u d 9 d d Cm L N \ c m c L p d O CO d- Y o m° o- o m E v d oa m ) ) ) ) ) E o 5° u E° y ca mL o 7 d N a € N a d G J U) U li U 0 Z O N It dC d d o l I p U N d dUw c ; 't 9 N m of c a` o a a~> E `o c K a do $EU c 0 o d c d p C O o ) c v o .''w p O d O_ O U I(0 O O\ d c N a C o U O ° D E m •°•°-v° m: ~Da d O a E: x `o ~d_ Z_w E E= w L o o O U AcB A>a0 O .E y U t x > u Z d_ x d o Z t L x 2 M 0ILU) CIiw d m O m d N d O d m 0 > Y F- O Q2 X F > Y H 2 X Reprographics Total Impressions ATTACHMENT 2 April 05 - April 06 *1Vlinolfa/ *Xerox l. 2060 MBWLW, Kyocera 92C Canon Mil Total Color B&W B&W B&W Black B&W Apr-05 43,518 1,491 7,504 15 22,817 5,282 37,109 May-05 17,522 0 7,678 121 37,297 45,096 Jun-0565,734 19,320 0 216 38,715 58,251 Jul-05 8,471 5,626 0 35 19,963 25,624 Aug-05 52,795 16,567 0 93 40,882 57,542 Sep-05 41,235 26,636 0 0 18,573 45,209 Oct-05 19,235 8,431 20,948 0 53,681 0 83,060 Nov-05 27,488 13,956 31,280 2,364 29,238 32,191 109,029 Dec-0522,002 20,547 14,199 834 25,331 0 60,911 Jan-06 22,348 1,495 35,040 5 33,765 0 70,305 Feb-061 15,766 2,502 35,982 0 65,818 2,680 106,982 Mar-06 40,490 8,669 57,547 3,400 87,625 548 157,789 Apr-06 32,500, 10,815, 64,034 170 116,215 998 192,232 TOTAL! 409,104, 136,055 274,212 7,253 589,920 41,699 1,049,139, AVG 34,092 11,338 22,851 604 49,160 3,475 87,428 With proposed system, we would eliminate the Kyocera and Riso units and move 2060 and 92C b&w volume to new b&w unit.