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AGENDA Daee-.4zi=fy
CITY OF DENTON CITY COUNCIL
January 18, 1954
Work Session of the City of Denton City Council on Tuesday, January
18, 1994 at 5:15 p.m. In the Civil Defense Room of City Hall, 215
E. McKinney, Denton, Texas at which the following items will be
r considered:
{
{ NOTE: Any item listed on the Agenda for the Work session may
y also be considered as part of the Agenda for the Regular Session.
}
5:15 p.m.
1. Executive Session: !
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
ti Sec. 551.074
2. Presentation and discussion of the Comprehensive Annual
Financial Report, the Single Audit, and the Management Letter
for the year ending September 30, 1993.
r 3. Receive a report, hold a discussion and give staff direction
concerning the City's Wellness Program.
Regular Meeting of the City of Denton City Council on Tuesday,
January 18, 1994 at 7:00 p.m. in the council chambers of City Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
7:00 p.m.
i 1. Pledge of Allegianre
j 2. Consider approval of the minutes of the Regular Session of
f December 7, 1993, the Executive Session'
ession of December 14, 1993,
s and the Recyilar Session of December 21, 1993.
3. Consider Zpproval of a resolution of appreciation for Robert
Hagemar.
4. Consider approval of a resolution of appreciation for Thad
Blocker.
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City of Denton City Council Agenda 49andaNo
PaJanuary le, 1994 Agendaitem..,.._.,......,..,._.
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5. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations. The City Council has received background
information and has had an opportunity to raise questions regarding
these items prior to consideration.
Listed below are bids and purchase orders to be approved for
payment under the ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 6.A,
6.B, 6.C.). 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. Upon the receipt of a "request to
speak" form from a citizen regarding an item on the Consent Agenda,
the item shall be removed and be considered before approval of the
Consent Agenda.
I A. Bids and Purchase Orders:
1. Bid 11570 - James Street Box Culverts
2. Bid 11564 - Conversion of Computer Circuit Breakers
3. Bid 11566 - 69 KV Circuit Breakers
4. P.O. 141955 - Temple - Underground Power Cable
5. P.O. 041495 - Cummins - PVC Conduit
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B. Tax Refunds
1. Safeco Land Title Co. for William A. Lynch -
$575.58
6. Ordinances
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A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.2. - Bid 115640
5.A.3. - Bid 11566)
B. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (5.A.1. - Bid 01570)
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City of Denton City Council Agenda Apendat~e
January 16, 1994 "
Pago 3 Qgt9
rb 3 sf -A-r~
C. expenditure Consider adoption of an ordinance providing for the
s materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases
from requirements of competitive rids. (5.A.3. - P.O.
141955, 5.A.4. - P.O. 141495)
D. Consider adoption of an ordinance accepting competitive i
k bids and awarding a contract for purchase of materials, Y
equipment, supplies or services. (Bid 11571 - compost
} grinder)
A
E. Consider adoption of an ordinance providing for the
renaming of Greenfield Woods Parkway to Deerwood Parkway.
(The Planning and Zoning Commission and the Historical
Landmark Commission recommend approval.)
F. Consider adoption of an ordinance repealing ordinance No.
93-227 and substituting therefor an ordinance allowing
certain employees of the City who have terminated
previous memberships in the Texas Municipal Retirement
System, to deposit the sums so withdrawn, plus annual
withdrawal charges, and allowing and undertaking the cost
of allowing any such employee credit in such system for
all service to which such employee had been entitled at
j date of such withdrawal, with like effect as if all such l
\~J service had been perfora,ed as an employee of this City.
G. Consider o Ordinances of ordinance of Denton, Chapter 29 of
the Code of Texas to
provide for the adoption of the Uniform Fire Code, 1991
{ Edition; providing for amendments thereto; reestablishing
permit fees; providing for a penalty in the amount of
$2,000 for violation3 thereof; providing for a
severability clause; and repealing all ordinances in
conflict therewith.
H. Consider adoption of an ordinance authorizing the Mayor
? to execute a supplemental agreement to a contract between
the City of Denton and the United States of America for
recreational development at Ray Roberts (formerly Aubrey)
and Lewisville Lakes. (The Public Utilities Board
recommends approval.)
1. Consider adoption of an ordinance creating a Municipal
Court of Record in the City of Dento.; amending sections
" of the Code of Ordinances of the City of Denton; and
providing for severability.
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City of Denton City Council Agenda denoallem-
January 18, 1994
Page 4 ntr / - / 9
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J. Consider adoption of an ordinance approving an agreement
between the City of Denton and Denton Independent School
{ Districts authorizing the City Manager to execute the
r agreement; and approving the expenditure of funds
tberefor.
K. Consider adoption of an ordinance canvassing returns and
declaring results of a sales and use tax election held
within the City on January 15, 1994.
7. Consider nominations and/or appointments to the solid Waste
1 Master Plan Committee.
r 8. Consider appointments to the Tax Abatement committee.
91 Miscellaneous matters from the City Manager.
10. official Action on Executive f
Session Items:
I A. Legal Matterx
B. Real Estate
► C. Personnel
D. Board Appointments
11. New Business
This item provides a section for Council Members to suggest
items for future agendas. l
12. Executive Session:
A. Legal Matters Under TEX. GOVtT CODE Sec. 551.071
.4„
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
NOTES THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
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Agenda No.
City of Denton City Council Agenda Agendalter
January 18, 1994
Page 5 Me S-9!
1 C E R T I F I C A T E
I certify that the above notice of meeting was bulletin board at the City Hall of the City of Denton, posted on the
hem•) day of _ 1994 at o'clock (a.m.)
j
i CITY SECRETARY t
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 j
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL TriE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNIJATIONS
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.
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AQenda~te/ e
DATE: January is, 1994 ~~y-
UlI 0VNCIL REPORT FORMAT A2
WORK SESSION
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: City's Wellness Program for Employees
i ~TION:
It is the staff's recommendation that the City Council authorize
the staff to proceed with a Request for Proposal to contract for
services for a Health Risk Assessment for Cite employees.
I
Based on research of other organization's wellness
Programs the Employee Wellness Committee recommends that the
City's current year wellness'activities should be directed at
gathering information that can assure the City it is focusing its
resources where the most impact and results can be accomplished.
In order to do this, the Committee is convinced that an overall
profile of City employees' wellness is the most important and
initial step. Thus, it is recommended that employees participate
in a voluntary and confidential health risk assessment. The
health risk assessment would serve two
purposes:
1, Employees would provide confidential information to a
trained medical professional concerning their health and
k- wellness lifestyle practices and habits. In turn, the
medical professional would give employees individualized
and confidential reports concerning their health risk,
such as heart disease, cancer, and other potential
medical issues. The report would further
employees with recommendations to change their i
lifestyIs
practices and habits and reduce potential medical risks,
y% 2, The City would be providad a comprehensive
aR on the health and wellness of Its workforce. Thee report
wellness report would be sorted by age, gender,
department, division, etc. This information would be
used to target specific health and wellness problem
areas. Thus, the City could focus its resources on, for
example, educational efforts on areas such as nutrition,
' exercise, smoking cessation, etc. Another example might
be information on a particularly stressful departmental
work environment with potential for higher claims cost.
Adjustments might be made in that department's workload
to ease this problem.
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DATE; January 18, 1994 q
CITY COUNCIL REPORT FORMAT lt2pd
WORK SESSION
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: City's Wellness Program for Employees
BUOMMENDATION:
It is the staff's recommendation that the City Council authorize
the staff to proceed with a Request for Proposal to contract for
services for a Health Risk Assessment for City Employees.
SUf~M~Yi
Based on research of other organization's wellness programs and
activities, the Employee Wellness Committee recommends that the
City's current year wellness activities should be directed at
gathering information that can assure the City it is focusing its
resources where the most impact and results can be accomplished.
In order to do this, the Committee is convinced that an overall
profile of City employees' wellness is the most important and
initial step. Thus, it is recommended that employees participate
in a voluntary and confidential health risk assessment. The
health risk assessment would serve two purposes:
i. Employees would provide confidential information to a
trained medical professional concerning their health and
wellness lifestyle practices and habits. In turn, the
medical professional would give employees Individualized
isk,
and confidential reports such as heart disease, cancer, andgother rpohealth tential
medical issues. The report would further provide
employees with recommendations to change their lifestyle
practices and habits and reduce potential medical risks.
f 2. The City would be provided a c)mprehensive profile report
on the health and wellness of its workforce. The
wellness report would be sorted by age, gender,
department, division, etc. This information would be
used to target specific health and wellness problem
* areas, Thus, the City could focus its resources on, for
example, educational efforts on areas such as nutrition,
"i beexeIrcise, smoking on a eparticularrly ~ stressful departmental
might Another examle work environment with potential for higher claims cost.
Adjustments might be made in that department's workload
to ease this problem.
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January 18, 1994 Gate
City Council Report - Wellness Program r~
Page 2
The Health Risk Assessment will be initially limited to gathering
baseline data on the employee workforce in order to more
effectively determine which wellness programs and activities would
have the most positive effects on the wellness of the City's
workforce,
Additional wellness programs, such as smoking cessation programs,
expansion of the health and wellness educational series,
etc., would be funded only if additional money remains available
s{; from the voluntary participation in the Health Risk Assessment.
Subsequent, long-term development and funding of the Employee
Wellness Program would come through the annual budgeting
process.
n° Long-term goals and targeted, phased implementation activities and
' programs over 6 years are shown in Exhibit A. Expansion of the
Employee Wellness program and additional funding associated with
ric the implementation would be only as a result of City Council j
approval of the budget.
BACKGROUND:
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With the adoption of the 1993/94 Budget, the City Council
<j allocated funding to initiate a Wellness Prograu for City
employees. The program was recoaanended to complement current
a* health and wellness initiatives. The funding is intended to
establish fundamental activities in this first year.
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The employee Wellness Committee has researched a number of other
organizations' wellness programs and experiences. After thorough
discussions, It is the Committee's recommendation to first
XrF determine and establish an overall wellness profile of City
employees. This would be accomplished through a confidential and
voluntary health risk assessment of employees conducted by trained
medical professionals. The Health Risk Assessment (HRA) would
gather the following information on each participating employee:
o Health Screening
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1, Health Questionnaire - age, sex, history, attitudes,
habits concerning nutrition, exercise, drug use,
stress, mental health, interpersonal relations, etc.
2. Resting Blood Pressure
3. Blood Chemistry - total cholesterol, HDL cholesterol,
triglycerides with LOL, HDL/LDL ratio, Glucose, etc.
4. Self administered stool test (age 60 and over)
6. Percent body fat
6. Height and weight
in addition, and quoted separately, the selected vendor will
provide information on health awareness oducation. This aspect of
~ may" ~
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4asnna~tem ~ S #-3
January 18, 1994 We
P~ 3 ad /a~abed
City Council Report - Wellness Program
Page 3
available he program the Health
the first Risk Assessment.
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The initial 1993/94 funding re4uest of 619,000 will be used to
fund participation for any employee who wishes to participate in
the Health Risk Assessment (HRA). It is estimated that the
following numbers of employees might voluntarily participate in
the HRA at the costs indicated:
Alternative No. of Employees Estimated
HRA
Participating Cost Amount Remaining
$1 400 626 $10,000 6 90000
112 600 26 12,600 60600
03 600 26 16,000 41000
44 700 26 17,600 1,600
With an authorized Wellness Budget of 619,000, any additional
funds remaining after employees have had the opportunity to
participate in the HRA will be devoted to health and wellness
x programs and activities such as:
o Smoking Cessation Program
o Expanding the educational series on health and wellness
5
The Wellness Committee's planned goal for participation in the HRA
Is 80% of the employee workforce. This is approximately 680
w emploees. Thus, $2000 as s"se d" money in this firsttyear to would
to additional wellness programs (as shown above).
r Regardless of the number of employees participating in the HRA,
the Committee intends to contintJ'+ the current Wellness Wednesdays
4 Program. This is a previously betablished educational and
x awareness series for employees. Exhibit B shows the planned
monthly Wellness Wednesdays Program topics for the remainder of
t 1994.
qtr Over time, the goal of the Wellness Program is to reduce claims to
the Health Insurance Program, reduce worker's compensation costs,
improve productivity and morale in the employee workforce.
~nneoau ncpARTbIENTB OD narxios AFFECTED
6i The employee Wellness Program will be available to all regular
? full-time and part-time employees in all City departments.
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January 18, 1994 Agenda
City Council Report - Wellness Program D3to, _1s
Page 4
FISCAL IMPACT•
The estimated cost for a Health Risk Assessment for participating
city employees is estimated at $25 per employee. The 1993/94
budgeted amount is $19,000. Any additional amounts remaining will
be used for health and wellnsss programs and activities.
Respectfully submitted:
1
Alyd V. Harrell
Prepared by: City Manager
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Thomas W. Klinck, Director of Human Resources
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EXHIBIT A
PROPOSED 5-YEAR
EMPLOYEE WELLNESS PROGRAM
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CITY OF DENTON ~QendaNO _ -005
WELLNESS PROGRAM Agendailem k/S -f"3
Date i I-YK
FIVE YEAR STRATEGIC PLAN / a fa~~%~✓
FEATURES: v ,
♦ Employee Participation is Voluntary
♦ Health Risk Assessment Provided At No Cost To Employees
♦ Flexible And Accessible - Open Enrollment
COMPONENTS:
r., ♦ Health Risk Assessment
♦ Health Awareness Education
♦ Physical Fitness/Recreation
Health Risk Assessment - A detailed blood chemistry analysis
and health risk assessment used to determine the actual health
risk profile of each employee.
Health Awareness Education - Techniques used to heighten 'the
employees knowledge of critical health factors and the means
to begin potential action to avert serious health problems.
d
Physical Fitness/Recreation - The process of regularly
scheduled activity to improve cardiovascular and mental
health.
OBJECTIVES:
♦ Reduce Individual And organizational Health Care cost
♦ Reduce The Potential For Workers Compensation claims
♦ Reduce Organizational Absenteeism
♦ Increase Organizational Productivity
♦ Improve Employee Morale
GOALS 1
♦ Phase one - implement Wellness Program
Develop Request For Proposals
Select Wellness Vendor
Schedule Health Risk Assessments
Disseminate Individual Health Risk Profiles
Develop Health Awareness Education Programs
Prepare organizational summary of Health Risk
Prepare FY 494-95 Budget Package
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• Phase Two - Year Two
Schedule Health Risk Assessments - Increase Participation v
Disseminate Individual Health Risk Profiles
Conduct Health Awareness Education Programs
Develop Wellness Program Incentives For Employees
Determine The Feasibility of Dependent Health Risk Assessments
Update Organizational Summary of Health Risk
Prepare FY 195-96 Budget Package
• Phase Three - Year Three
Schedule Health Risk Assessments - Employees & Dependents
Disseminate Individual Health Risk Profiles
Conduct Health Awareness Education Programs
Determine Feasibility of Expanding Health Risk Assessment
Determine Feasibility of Expanding Health Awareness Education
Determine Feasibility of Expanding Physical Fitness/Recreation
i > Determine Feasibility Of on-Site Wellness Coordinator
Update Organizational Summary Of Health Risk
Determine Reduction Of Health Risk - 3 Year Mark
Coordinate Summary With Health Insurance Bid
Prepare FY 196-97 Budget Package
• Phase Four - Year Four
Schedule Health Risk Assessments
Disseminate Individual Health Risk Profiles
` Conduct Health Awareness Education Programs - Employees
s Conduct Health Awareness Education Programs - Dependents
e Conduct Physical/Fitness Recreation - Employees
Conduct Physical/Fitness Recreation - Dependents
Determine Feasibility of On-Site Wellness Director - RN
a Update Organizational Summary of Health Risk
Coordinate Summary With Health Insurance Bid
Prepare FY '97-98 Budget Package
• Phase Five - Year Five
Schedule Health Risk Assessments
Disseminate Individual Health Risk Profiles
Conduct Health Awareness Education Programs - Employees
Conduct Health Awareness Education Programs - Dependents
Conduct Physical/Fitness Recreation - Employees
Conduct Physical/Fitness Recreation - Dependents
Update Organizational Summary Of Health Risk
Reassess Organizational Participation - 5 Year Mark
Prepare FY 198-99 Budget Package
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CITY OF DENTON Date 9 rl
WELLNESS PROGRAM
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F HEALTH RISK PROFILE
HEALTH RISK ASSESSMENT (SHORT TERM):
{ • Health Risk Questionnaire
• Resting Blood Pressure j
• Blood Chemistry
Total Cholesterol
HDL Cholesterol
Triglycerides With Calculated LDL
HDL/LDL Ratio
Glucose (Diabetes)
Hematocrit (Anemia, Sickle Cell)
GGTP (Liver Function)
• Self Administered Stool Test (Age 50 And Over)
• Percent Body Fat (Weight And Skin Fold)
• Height And Weight
HEALTH RISK ASSESSMENT (LONG TERM)0
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• Step Test
• Resting And Post Exercise EKG
• Lung Function
• Audiometer Hearing Impairment
• Snellen Vision Impairment
i • Skin Inspecton
s Oral Inspection
• Back Flexibility
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' • Mammogram
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WELLNESS PROGRAM r ~ap~
HEALTH AWARENESS EDUCATION
SEMINARS:
• Smoking Cessation
• Stress Management
3 • Weight Control, & Nutrition
• Fat, Fiber, Salt & Sugar
• Back Care
• Dermatology
• Foot Care
• Physical Fitness
• Alternative Health - Healing I
• Emotional Health
• Self Esteem
• Self improvement
• Safety
• AIDS Update
• Flu Shot Clinic
• Time Management
INFORMATION:
• Vitality Magazine
• Wellness Wednesdays
• Health Fact Sheets
• Health Bulletin Board
• Health Information Library
j • Health Publications
• Blood Pressure Station
• Weight Station
• Pulse Station
• Wellness Coordinator
• Wellness Director - RN
LIFESTYLE ) NAGFMENTs
• Personal Finance/Banking
• Tax Forms And Records
• Wills And Legal Matters
• "How To" Seminars
• Communications Classes
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• Personal Relationships
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CITY OP DENTON
WELLNESS PROaRAII 4~
PHYSICAL PITNESS/RECREATION
LEVEL I1
i' • Walking Club
• Bicycle Club
• Jogging Club
c • Aerobic Fitness Class
• General Fitness Class. '
• Swim Fitness Class
• Wellness Coordinator
LEVEL It: ,
• Aerobic Dance
• Organized Events
Employee Olympics
Basketball
Golf
Racquetball
i Softball
Swimming
Tennis
• Wellness coordinator
LEVEL 1111
• Physical Fitness
a'" • Triatholon
• weight Training
• Wellness Coordinator
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EXHIBIT B
EMPLOYEE WELLNESS PROGRAM
WELLNESS WEDNESDAYS PROGRAMS
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CITY OF DENTON
S 1994 WELLNESS PROGRAM
WELLNESS WEONESDAYS PROGRAMS
M014TH TOPIC
JANUARY WELLNESS AWARENESS - AN OVERVIEW
Pi
s' FEBRUARY HEART MONTH
a; MARCH FITNESS MONTH
ti APRIL EATING HAPITS & NUTRITION
WEIGHT CONTROL
MAY
JUNE FOOD TABLES
JULY TO BE ARRANGED
r' AUGUST SELF-ESTEEM
SEPTEMBER DRUGS & ALCOHOL
OCTOBER FINANCE
i 1 NOVEMBER SELF-DEFENSE
j~ DECEMBER STRESS MANAGEMENT
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AQenAalt oZ.
CITY OF DENTON CITY COUNCIL MINUTES q
December 7, 1993 ~O
The Council convened into the Work Session on Tuesday, December 7,
1993 at 5:15 p.m. In the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
j Brock, Cott, Perry, and Miller.
i ABSENT: Chew
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1. The Council convened into the Executive Session to discuss the
following:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
1. Considered offer of settlement in Williams, et al.
v. Cabrales, et al. -
2. Considered Roebuck v. City of Denton.
B. Real Estate Under TEX. GOV'T CODE Sec. 551.072
1. Discussion regarding property acquisition on
Mayhill Road and Foster Road.
C. Personnel/Board Appointments Under TEX. GOV'T CODE
Sec. 551.074
2. The Council received a report, staff direction regarding g policies roofing poheld a discussion and gave
~ and procedures.
Tom Shaw, Purchasing Agent, stated that city roofing
procedures and the devel)pment of specifications wreldeveloped
after a determination in 1989 that the city had problems with the
roofs on all of its buildings. The Facilities Manager and
Purchasing Agent solicited proposals for a roof study to identify
problems and recommend solutions. Mike Barton was selected to do
r. the roof study following the procedures outlined in the backup
provided to Council.
The roof inspection which covered the sixteen buildings the city
had at the time was completed in October of 1989. Barton
determined that the two main problems with the roofs were age and
design. The city was dealing with a five-year type roof warranty
with a ten year 1!fe expectancy and the design was predominantly
flat.
Several systems were studied and the Hyload roof, a coal/tar elasta
merit membrane system, was chosen as the standard. Shaw stated
that one criteria used in selecting roof standards was longevity
which included a fifteen year warranty from the manufacturer on the
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Agenda No City of Denton City Council Agenda Agenda ltem
December 7, 1993 We
Page 2 o~ ~Sa~ y
materials with the supposition that the city then had a 30 year
life expectancy on roof. The warranty settled on was a fifteen
year on materials and two years on labor. Because city budget
dollars were tight, roof repairs inconvenienced citizens and
employees, and the city needed a roof which complied with all the
bidding statutes; the city chose a minimum specification based on
the Hyload system because it was a roof that could be competitively
bid; it was available to all of the city's qualified, bondable,
insurable roofers; and it had the criteria looked for in the
{ warranty in that it did not exclude ponding, foot traffic, greases,
chemicals, oils and debris. Shaw stated that the city currently
had several buildings (Library, Service Center, North Lakes, Dania,
City Hall, two Fire Stations, and portion of the Power Plants that
were under tha Hyload or equivalent roof. The city had a few
buildings that were designed by the architect without the Hyload
system and those roofs continued to have problems. Purchasing and
Facilities Management were working with Mr. Barton on suggestions
on how to repair or how to compensate for the damages that were
being done to those roofs.
Shaw stated that the city continued to send roofing bids to
approximately nine to twelve different bidders each time and
j~ continued to get good, competitive bids. The materials were
accessible to any of the roofers that so desired to install the
roofs, and it was known that there were at least two other
i manufacturers of a comparable system that could be offered. In his
backup, Shaw provided a lengthy list of current users of the same
j specification that Denton had opted to use. Many other
subdivisions using the same system gave excellent reviews for the
roofs with no failures. Staff highly recommended that Council
maintain the level of integrity on the roofing systems.
Council Member Perry asked what was Hyload.
Shaw stated that Hyload was a manufacturer of the membrane that was
the top coat of the roof.
Council Member Perry asked that when the word Hyload was used in
the specification did it actually mean the membrane Hyload or a
comparable one other companies made.
Shaw stated that Hyload referred to the elasta membrane that went
on the roof.
Council Member perry questioned whether the use of a technical term
not a brand name was more acceptable.
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City of Denton City Council Agenda Agenda
December 7, 1993 Me
Page 2 o~ ~S ~stv Gl
materials with the supposition that the city then had a 30 year
life expectancy on roof. The warranty settled on was a fifteen
year on materials and two years on labor. Because city budget
dollars were tight, roof repairs inconvenienced citizens and
employees, and the city needed a roof which complied with all the
bidding statutes; the city chose a minimum specification based on
the Hyload system because it was a ,uof that could be competitively
bid; it was available to all of the city's qualified, bondable,
Insurable roofers; and it had the criteria looked for in the
warranty in that it did not exclude ponding, foot traffic, greases,
chemicals, oils and debris. Shaw stated that the city currently
had several buildings (Library, Service Center, North Lakes, Denial
City Hall, two Fire Stations, and portion of the Power Plant) that
were under the Hyload or equivalent roof. The city had a few
buildings that were designed by the architect without the Hyload
I system and those roofs continued •:o have problems. Purchasing and
Facilities Management were working with Mr. Barton on suggestions
on how to repair or how to compensate for the damages that were
being done to those roofs.
I
Shaw stated that the city continued to send roofing bids to
r approximately nine to twelve different bidders each time and
continued to get good, competitive bids. The materials were
accessible to any of the roofers that so desired to install the
roofs, and it was known that there were at least two other
manufacturers of a comparable systern that could be offered. In his
backup, Shaw provided a lengthy list of current users of the same
specification that Denton had opted to use. Many other
subdivisions using the same system gave excellent reviews for the
roofs with no failures. Staff highly recommended that Council
maintain the level of integrity on the roofing systems.
Council Member Perry asked what was Hyload.
Shaw stated that. Hyload was a manufacturer of the membrane that was
l the top coat of the roof.
Council Member Perry asked that when the word Hyload was used in
the specification did it actually mean the membrane Hyload or a
r comparable one other companies made.
Shaw stated that Hyload referred to the elasta membrane that went
on the roof.
Council Member Perry questioned whether the use of a technical term
not a brand name was more acceptable.
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City of Denton City Council Agenda AgeIJa'tEm~~_
December 7, 1993
Page 3
Shaw stated that in 1990 when bidding a portion of the Power Plant,
all reference to Hyload was taken out of the specification and
dealt with a performance specification only. A number of questions
from roofing contractors concerning what was the system, how would
they get in touch with them, and where could they buy the materials
were received. S.:aff opted, for the benefit of the contractor, to
make a note at the bottom of th+ specification which read "Hyload
or equal". The intent was to give contractors a source, a
manufacturer, and a comparison for any other. roof system that they
might have assuming that they could go to a specification published
by Hyload to compare their roofing system.
Council Member Cott stated that he questioned that the consultano
that the city hired also worked for the principal supplier. Cott
questioned what the city was wanting the specification to do when
using the concept of setting a specification for a roof that was
the specification of a particular brand of product and a particular
system rather than setting a specification for performance. Also,
Cott questioned not specifying the type of guarantee and warranty
the city used and was in effect what the city had now a separate
materials and construction warranty and the city had to prove that
something was done in the construction within two years for the
warranty to kick in on the fabric. He recommended that an all
inclusive risk policy obtainable for a small dollar amount could be
purchased. Cott stated he had spoken with staff about the roofing
specifications because local industry felt that the specifications
crere so set that there were only two or three companies that could
bid the job. Cott asked that the city specify what the city was
asking the bid to achieve in the future. He stated that the reason
for that was that when the city specified a specific system the
city excluded all the new things that may ::ome along.
Council Member Miller questioned whether a specification that
specified only a 15 year roof with no design standards whether
alternatives would meet or exceed the specifications. hillor
stated that roofp o;p,:e previously purchased based on the fact hat
ti a roof would do .no job. The city study determit. %d that for 1' i
kiid of buildings the city had, unltis roofb had cerCain
configurations, the roofs would not work to- matter what was said.
City Manager Harrel: stated tha'. the situation with Hyload was that
it was a name manufactured roof and system but there were at least
{ two other manufacturers that could meet the same specification and,
working through an installer, could bid on a city project using the
cu--,rent specificatton.
Council Member Cctt agreed that if the instalt_, used the fab.iv
they could meet the specification which was 501 of the job. Cott
i e
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City of Denton City Council Agenda Agendallem, '6-5-~
December 7, 1993 role
Page 4 /0q fL s~ l~j IpG~ lv
stated that the city was not establishing puddling as a standard
only that if the installer use a specific fabric and only that
fabric they were able to meet specifications for the job. Cott
stated that it was his understanding that the specifications
started with the configuration of top fabric and staff stated that
there were three manufacturers of that fabric. Cott contended
there were 50 installers 'n the region who did not use the
specified fabric and had limiCed access to the fabric and therefore
found it difficult to bid o.~ the construction.
Due to a time constraint, the item was continued during the Regulat
W3eting.
3. The Council received a report, held a discussion and gave
staff direction regarding the televising of City Council meetings.
Due to a time constraint, the item was considered during the
Regular Meeting.
4. The Council received a report and held a discussion regarding
d the Airport Plan and height and noise zoning regulations.
Due to a time constraint, the item was considered during the
Regular Meeting.
The Council convened into the Regular Meeting on Tuesday, December
~J 7, 1993 at 7:00 p.m. In the Council Chambers.
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PRESENTS Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Cott, Perry, and Miller.
f ASSENTS Chew
s
1. Pledge of Allegiance
The Council and m~+mbers of the audience recited the Pledge of
Allegiance.
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The following item was considered out of order.
54 The Council considered apr oral of a resolc':ion of
appreciation for John F. Kizer, J.
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City of Denton City Council Agenda gge~;,a.;tem~~°?
December 7, 1993
Page 5
The following resolution was considered:
No. PA93-008
RESOLUTION
in appreciation of
"JOHN F. KIZER, JR."
WHEREAS, on October 15, 1993, John F. Kizer, Jr. retired, after
serving with the Denton Fire Department since October 2,
1973; and
WHEREAS, during the past 20 dears, John F. Kizer, Jr. hat
represented our City in the City of Denton Fire
Department as an oxample of a quality service employee;
and
WHEREAS, the City of Denton has been fortunate in having enjoyed
the dedicated and outstanding services of John and wish
to recognize same; and
WHEREAS, John has always served above and beyond the efficient
discharge of his duties in promoting the welfare and
prosperity of the City, and has earned the full respect
of his fellow employees, colleagues, and citizens of
Denton; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTONs
j That the sincsre and warm appreciation of John F. Kizer,
Jr, felt by the citizens and officers of the City of
Denton, be formally conveyed to him in a permanent manner
by recording this Resolution upon the official minutes of
the City Council of the City of Dentor, Texas and
forwarding to him a true copy thereof as a token of our
appreciation.
PASSED AND APPROVED this the 7th day of December, 1993.
Y
Perry motioned, Smith seconded to approve tho resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
a Council considered approval or the minutes o venber 2,
091 aal November 16, 1993.
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City of Denton City Council Agenda Agenda lt,,r -4
December 7 1993 "~~^w+o
Page 6a
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Perry motioned, Smith seconded to approve the minutes as presented.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Sn,ith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
3. Presentation by the Citizen's Police Academy.
Debra Knight, Class President of Class 93B, along with recent
1 graduatea of Class 93B and members of the Citizen's Police Academy
Alumni, gave recognition to the Denton Police Department for the
Police Academy which started in 1992. Ms. Knight presented
Sergeant Steve Macsas and Officer Bill George a plaque showing
their appreciation for the dedication, time, and effort to bring
the Citizen's Police Academy program to the community.
4. The Council considered approval of a resolution of
appreciation for Thad Blocker.
The item was pulled for consideration.
5. The Council considered approval of a resolution of
appreciation for John F. Kizer, Jr.
I i
The item was considered earlier in the meeting.
✓ 6. Tho Wuncil received a report from the Ad Hoc Citizens' Sales
Tex Advisory Committee on the public information program for the
January 15, 1994 election.
Tom 11--trpooi, Chairman of the Ad Hoc Citizens' Sales Tax Advisory
Committee, stated that the Sales Tax Ldvisory Committee came about
as result of a change in the 'tats law enabling cities to put
before the voters the Issue of d 1/2C sales tax increase provided
it w.,% offset by an equivalent amount or more in property tax
decrease. Harpool repotted that Council formed the committee in
July and it had been meeting for several months doing research and
f background work. As a result of the Committee's report to the
Council in October Co, ncil set the election for January 15, 1994.
The Committee, at the equest of Council, continued work leading an
educatin" campaign o educate voters as to sues involved and
receives from the citlx The C- ~e of fifteen was
! divided into a number of subaortMxttees, inciuaing Public Relations,
Media, Speakers Bureau, Mailings, etc., to educate public on the
Issue. The Committee appreciated the hard work and support of
.
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City of Denton City Council Agenda
December 7, 1993:fit
Page 7
Council and solicited their continued interest and support. The
Committee determined that there was no question in their minds of
the economic. importAnce of the issue to the City of Denton.
7. Public Hearings
A. The Council held a public hearing and onsidered ado o
n
of an ordinance changing Planned Development ho. 71 by expantiding
the area within the planned development zoning district to 1.2306
acres by rezoning .55' acres from SF-7 to plannr,i d3velopment, and
approving a detailed plan changing the propose, use 7rom mini-
warehouses to eight duplex structures. The site was located
approximately 170 feet south of the Uland Street intersection with
Frame Street. Z-93-024 (The Planning and Zoning Commission
recommended approval.)
Frank Robbins, Executive Director for Planning and Development,
stated that the item was a planned development detail plan
approval. The detail plan was for 16 units in eight separate
structures. The units were off to one side of the development with
a large area of reserved open space to the north. Robbins stated
that, in addition, a couple of other issues associated with the
design of the development were a six foot screening fence along the
northern boundary as well as a screening fence for the parking lot
#f so that headlights would not shine to the property adjacent which
was zoned SF-7. There was also a six foot fence on southern
property boundary between it and the SF-7 zonino and included the
maintenance of the existing vegetation in the area for screening.
Robbins stated that the dumpsters were placed appropriately for
easy access toward the front of the development and were screened
according to regulations. There were 33 noticas made of the
development and one recetvod in opposition. The opposition was
really not opposed to the specific development but was concerned
about the area being zoned for business purpc,.zes. No other
opposition forms were submitted and no other replies made n favor
or opposition. Tha change in the planned development was from an
approved development for a mini warehouse to duplbxes and the
addition of about 1/2 acre of land that was currently zoned SF-7 to
the PD. Robbins stated that with respect to intensity alloca*ion,
based on current zoning there were about 270 Intensity trips
allocated. If the new zoning was approved, the intensity
allocation rased on zoning was decreased to 160 trios or a do-ease
j 1 intensity of ; ` r' The ?lanntng c id _...._..Y _ssion
recommended approval of the PD detail plan.
The Mayor opened the public hearing.
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City of Denton City Council Agenda i73"~G
December 7, 1993 /
Page 7
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Council and solicited their continued interest and support. The
Committee determined that there was no question in their minds of
the economic importance of the issue to the City of Denton.
7. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance changing Planned Development No. 71 by expanding
the area within the planned development zoning district to 1.2306
acres by rezoning .553 acres from SF-7 to planned development, and
approving a detailed plan changing the proposed use from mini-
warehouses to eight duplex structures. The site was located
approximately 170 feet south of the Uland Street intersection with
Frame Street. Z-93-024 (The Planning and Zoning Commission
recommended approval.)
Frank Robbins, Executive Director for Planning and Development,
stated that the item was a planned development detail plan
approval. The detail plan was for 16 units in eight separate
structures. The units were off to one side of the development with
a large area of reserved open space to the north. Robbins stated
' that, in addition, a couple of other issues associated with the
design of the development were a six foot screening fence along the
northern boundary as well as a screening fence for the parking lot
so that headlights would not shine to the property adjacent which
was zoned SF-7. There was also a six foot fence on southern
property boundary between it and the SF-7 zoning and included the
maintenance of the existing vegetation in the area for screening.
Robbins stated that the dumpsters were placed appropriately for
easy access toward the front of the development and were screened
according to regulations. There were 33 notices made of the
development and one received in opposition. The opposition was
really not opposed to the specific development but was concerned
about the area being zoned for business pu_.-poses. No other
opposition forms were submitted and no other replies made in favor
or opposition. The change in the planned development was from an
approved development for a mini warehouse to duplexes and the
addition of about 1/2 acre of land that was currently zoned SF-7 to
the PD. Robbins stated that with respect to intensity allocation,
based on current zoning there were about 270 intensity trips
allocated. If the new zoning was approved, the intensity
allocation based on zoning was decreased to 160 trips or a decrease
in intensity of 90 units. The Planning and Zoning Commission
recommended approval of the PD detail plan.
The Mayor opened the public hearing.
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City of Denton City Council Agenda Inca item __..~L.>Z...
December 7, 1993
Page 8
Mr. John C. Johnson., 2905 Pennsylvania Drive, owner of the
subdivision, stated that the staff and he had gone over the plan in
careful detail over the last few months. Johnson stated that city
staff had ample time to review plans and had approved the plan, and
the neighborhood had been very supportive.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was consideredt
NO. 93-217
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PLANNED
DEVELOPMENT NO. 71 (PD-71) BY ADDING TO PD-71 .553 ACRES WHICH
IS HEREBY REZONED FROM SINGLE FAMILY-7 (SF-7) TO T4E PD ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION AND APPROVING A
NFW DETAILED PLAN ENCOMPASSING THE ENTIRE 1.2306 ACRES OF LAND
LOCATED DIRECTLY EAST OF FRAME STREET AND KENT STREET;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council held a public hearing to consider the
preliminary and final replats of Lot 1, Block 1, Frame Addition,
plus .553 acres of unplatted land; into Lot IR, Block 1. The
1.2306 acre tract was located on the east side of Frame Street at
Kent Street. (The Planning and Zoning Commission recommended
approval.)
Frank Robbins, Executive Director for Planning and Development,
stated that the item was the residential replat for the preceding
agenda item. Since the item was a residential replat, State law
required a public hearing. The Planning and Zoning Commission
unanimously recommended approval.
The Mayor opened the public hearing.
John C. Johnson, 2905 Pennsylvania Drive, stated the preliminary
and final replats were part of same project and were separate
agenda items only by necessity.
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December 7, 1993
Page 9
No one spoke in opposition.
The mayor closed the public hearing.
Cott motioned, frock seconded to approve the preliminary and final
replats. On roll votBrock y, Cott "aye", ,"aymiller "ayefle
e". Mot
Smith "aye"' ion
Smith , Perry "aye", and Mayor Castleberry
carried unanimously.
C. The Council held a public hearing and considered adoption
of an ordinance approving a detailed plan for 9.296 acres of
Planned Development No. 97, and rezone an additional .330 acres of
the planned development to SF-10. The entire tract of land being
reviewed was 9.626 acres, located on the west side of Lillian
Miller Parkway at Southridge Drive. 2-93-022 (The Planning and
Zoning Commission recommended approval.)
Frank Robbins, Executive Director for Planning and Development,
stated that the area was being zoned from PD to SF-10 and would be
platted to adjoin the other lots in the area. The item included
sixteen lots in a planned development which was currently zoned for
f t about forty units. The detailed plan included a 50 foot setback
k along Lillian Miller and within the 50 foot Fatback would be a
marginal access drive that provided access tai all the lots that
would only have frontage on Lillian Mil)4r. City regulations
stated that individual lots should not have direct access to an
arterial street due to safety and capacity of the arterial street.
The development would have an access drive off of Lillian Miller
with median wouldaact like at thectsouth end
stre tato a set of driveways for those
lots similar to the one on Ector Street where there was a marginal
access situation to an arterial street. Robbins stated that the
planned development exceeded city specifications with respect to
median openings plus it had a set of specifications for either. a
intersection road intersection on an arteri 1 Y A number of design o alternativesrhad
been reviewed for the project and staff felt the design was the
best in terms of the amount of money needed to put the
infrastructure in place. Neighborhood meetings were held and input
received which was why access was on the frontage road and not from
an alley in the back. The Planning and Zoning Commission
unanimously recommended approval of the rezoning from PD to SF-10
and the detail plan that decreased the development by fourteen
units from what was presently in place.
The Mayor opened the public hearing.
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City of Denton City Council Agenda Oe3Q211Ef11 S~
December 7, 1993
Page 10
Tony Krauska, Kurts Bedford Associates in Garland, which
represented Mitch Vexler, Mockingbird Management Com
Highland Village, parry from
expressed his
thanks to city staff for their help
and cooperation since last August. The
piece
of ro
originally p wh w
designed for commercial ten years ago, which was not
what the community wanted, had been redeveloped for the best
rosidential layout. The private drive would be built to city
street standard design, not a driveway type design, but with lime
stabilization and six inches of concrete.
Council Member Cott questioned how the maintenance was going to be
alleviated.
Krauska stated that a homeowners association would be established
as part of the project and would set aside funds f)r a long term
maintenance program. The primary point of maintenance for the
roadway would be in the design of the roadway itself. Krauska
stated that six inches of lime stabilization with concrete pavement
when laid on the steep grade would be a design that would last
twenty to thirty years or more.
Council Member Cott asked if the developer was willing to put some
escrow up for the period until someone was living in the
development, and if not an escrow or a bond of some type.
i}
Krauska stated that the developer had to provide the normal
maintenance bond and that could be included under that bond.
j Council Member Cott stated that since the street was suppose
an arterial, but there was another curb cut which mao elonger
make tho street an arterial.
Krauska stated that the cuts, and the fact that the community did
not want the street to be an art:rial, and he also stated that
there was 50 acres about to open up across Lillian Miller which
might determine that there was a need for a traffic light at the
major intersection.
Council Momber Cott stated that all the development to date was on
the on west side of the street which made the east side rrterial.
Robbins stated that technically Lillian Miller was designated as a
secondary arterial and was built to secondary arterial
specification whicl: was four lanes divided.
! The Mayor stated that the becaur,d the street was to be built to
I city standard specifications and would have very little traffic,
i! very little maintenance would be needed for many years,
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City of Denton City Council Agenda genQaNo -
December 7, 1993 ~oendaltefi a
Page 11
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Krauska stated that the developer owned lots bank in Southridge and
would not walk away from his responsibility.
Council Member Cott stated he would like to see some kind of
maintenance guarantee for the street.
Council Member Perry asked where the neighborhood meeting on
November 14th was held and hos; many people were present.
Robbins stated that the meeting was hold in the Civil Defense Room
and about three to five folks attended. Robbins stated that the
developer had been in communication with folks in the neighborhood
prior to the meeting so many knew what was occurring at the
neighborhood meeting so the relatively small turnout with no
concern voiced at the meeting.
Robbins stated that the Planning and Zoning Commission recommended
approval with two conditions. The two conditions were that the
areas circled in green on the detailed plan, which were drainage
easements, have no fences built In the easement that could block
the flow of water. The second condition was related to the middle
circle on the map, shown as 16 foot utility easement, which
according to city specifications was the normal widt
1 drainage easements. h to ciY
k
However Robbins reported that ina
+ amending the detail ad he
plan ma the
builder and applicant were awarpreliminary of the o was amended. The
I roblem ndi dttioas and
p em t had n
~ hem, but the detail plan map needed to be amended to
' show the conditions. Staff recommended finis ~
hearing and postponing consid hin9 the public
oration of the or
21 dinance
st so the ordinance would adopt the right detail plan mapewith
the Planning and Zoning Commission conditions attached.
Mayor stated that the recommendation was to not co
~ oY th Haider
adoe ordinance, but asked if the ordinance could ba adoptsdpwith
the two provisions.
Robbins stated that technically
1.
t
could be
ado
preliminary pted lebut d t
lot for he
p the
same
dw
elop ;
me
consideration nt was scheduled
on December 21st and since it was a ieaide
replat required a public ied
hears
f consideration of both on theng. 'h9 City Attorney recommended
E a
ppplicant had no difficulty with e the co sideration on December
21.
theCouncil Perry
to asked the t 21st i as Mr. Robbins had Counscil
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City of Denton City Council Agenda
December 7, 1993
Page 12 O lJ
Debra Drayovitch, City Attorney, stated action could be postponed
to date certain.
No one spoke in opposition.
The public hearing was closed.
Perry motioned, Smith seconded to postpone action on the item to
the meeting of December 21, 1993, to allow the suggested conditions
to the detail plan map to be done. On roll vote, Brock "aye", Cott
"aye", Miller "aye", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
D. The Council held a public hearing to consider the
preliminary and final replats of .555 acres of the R. E. Ford
Addition; into Lots 1R and 2R. Block 3. The site was located on
the south side of Lindsey Street, between McCormick and Interstate
35E. (The Planning and Zoning Commission recommended approval.)
Frank Robbins, Executive Director for Planning and Development
stated that the preliminary and final replats split one lot into
two lots. Because it was a residential replat, a public hearing
was required. The Planning and Zoning Commission unanimously
recommended approval.
! i The Mayor opened the public hearing. 3
E I
No one spoke in favor.
No one spoke in opposition.
j The Mayor closed the public hearing.
L
Smith motioned, Perry seconded to approve the preliminary and final
replats. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
8. Consent Agenda
A. Ordinances
1. Contract with Fred Moore Child Care Center
2. Contract with Denton County Friends of the Family
3. Contract with Services Program for Aging Needs
4. Contract with United Way of Denton County
r. ! 5. Contract with North Texas Community Clinics
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City of Denton City Council Agenda
December 7, 1993 QeA7"' v ^O~
Page 13 ~u++es~_iem_
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B. Resolutions igl
1. Contract with City of Krum
2. Contract with City of Corinth
3. Contract with City of Lake Dallas
4. Contract with City of Shady Shores
C. Bids and Purchases
1. Bid #1555 - Maple Street Sanitary Sewer
9. Ordinances - Consent Agenda
Mayor Castleberry stated that Ordinances 9.A. - 9.F. were
implementing the consent agenda.
The following ordinances were considered:
9.A.
No. 93-218
! AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF
DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
9.8.
No. 93-219
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
9.C.
No. 93-220
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
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City of Denton City Council Agenda ,.Iam
December 7, 1993
Page 14
9.D.
No. 93-221
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND UNITED WAY OF DENTON COUNTY, INC.; AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
9.E.
No. 93-222
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND NORTH TEXAS COMMUNITY CLINICS, INCORPORATED; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE
07 FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
9.F.
No. 93-223
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
;t AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
j Perry motioned, Smith seconded to adopt Agenda Items 9.A. - 9.F.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
` unanimously.
10. Resolutions - Consent Agenda
i
Mayor Castleberry stated that Resolutions 10.A. - 10.D. were
lmplemgnting the consent agenda.
The following resolutions were consideredi
10.A.
No. R93-074
1
i A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
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December 7, 1943
Page 15 v
10.B.
No. R93-075
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
10.C.
` No. R93-076
Ik A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
10.D.
No. R93-077
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
Cott motioned, Brock seconded to approve Ac-nda Items IO.A. - 10.D.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
I Perry "aye", and Mayor Castleberry "aye Motion carried
} unanimously.
11. Ordinances
A. The council considered adoption of an ordinance
authorizing the execution of a change order to a contract between
the City of Denton and Steele -Freeman; and providing for an
increase in the contract price.
City Manager Harrell stated that a detailed discussion of the
change order item had occurred two weeks ego. Council asked that
staff contact Steele Freeman to ask if they would solicit other
proposals for the Council's consideration as they processed the
change order. Steele Freeman contacted other manufacturers of
comparable roofing materials. The quotes were included in the
backup, and the Hyload quote continued to be the lowest quote.
Therefore, Steele Freeman recommended Hyload because they were the
lowest and most responsible proposal they could forward to the
Council for consideration.
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City of Denton City Council Agenda
December 7, 1993
Page 16 vstol
Harrell stated that the city had one of two alternative ways to
approach the problem while at the time not exposing the city to
some kind of fairly substantial damage claim from Steele Freeman.
One alternative was to immediately do repairs to the roof at an
estimate of $35,000 to $400000 realizing that when the project was
completed by Steele Freeman and the city went out for bid to
replace the roof with a new roof that the temporary repair cost
would be lost. The second alternative which was recommended by
staff and the architect was to execute the change order. Staff
felt it was a responsible change order competitively priced which
allowed the project to b3 completed in short order.
Council Member Cott stated that because of extensive conversations
there was no purpose served in holding up the change order. Cott
requested that the city reach out to local Denton manufacturers and
set up meetings with them to make sure there was a clear
understanding between Denton manufacturers and the staff as to the
availability of work in the community.
The following ordinance was considered:
No. 93-224
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND STEELE-FREEMAN, INC.;
PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING
AN EFFECTIVE DATE.
Perry motioned, Miller seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance of the
City Council of the City of Denton, Texas, approving guidelines for
operation of the City of Denton Housing Rehabilitation Program and
eligibility criteria] and authorizing expenditures in excess of
$15,000 for projects meeting program guidelines and criteria.
Barbara Rose, Community Development Administrator, stated that the
ordinance being considered and the one following allowed staff to
continue to carry out the housing rehabilitation program and the
rental rehabilitation program. The ordinance allowed staff to
commit to projects where there might be expenditures in excess of
$15,000. As with the ordinance last year, the ordinance allowed
the city to serve clients on a first come, first served basis in
the owner occupied housing rehabilitation program. In the rental
rehabilitation program, it was first come, first served with some
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City of Denton City Council Agenda are
December 7, 1993 - q
Page 17
discretion to which rental rehabilitation project provided the
highest benefits to low income tenants.
Council Member Brock asked if expenditure for renovation could be
up to $80,4000.
Ross stated that the housing rehabilitation program included CDBG
funding and Home funding. The HOME program allowed cities to do
reconstruction which included demolition of an existing structure,
relocation of the family during the time and rebuilding of the
structure. Rossi reported that the monies must be committed by
January. No plans were made to do any reconstruction, but in the
event the city Oid reconstruction, the city could expect to spend
upwards of $50,000.
The following ordinance was considered:
No. 93-225
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTO111 TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
HOUSING REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA;
y AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN
EFFECTIVE DATE.
Smith motioned, Cott seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance approving
the guidelines for the Rental Rehabilitation Program and
eligibility criteria; authorizing expenditures in excess of $15,000
for projects meeting program guidelines and criteria.
The following ordinance was considered:
No. 93-226
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM
AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS
OF $15,000 FOR PROJECT) MEETING PROGRAM GUIDELINES AND
CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE.
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!genda No -16/_d
City of Denton City Council Agenda AgvdalIem R S#'.2
December 7, 1993 rate j`-~
Page 18 '000 j ff ys¢ 4l~
Perry motioned, Brock seconded to adopt the ordinance. on roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance allowing
certain employees of the City who have terminated previous
memberships in the Texas Municipal Retirement System, to deposit
the suns so withdrawn, plus annual withdrawal charges, and allowing
and undertaking the cost of allowing any such employee credit in
such system for all service to which such employee had been
entitled at date of such withdrawal, with like effect as if all
such service had been performed as an employee of this city.
Tom Klinck, Director of Human Resources, stated that the next two
ordinances for consideration were the final enhancements to
retirement program for employees participation in the Texas
Municipal Retirement System. Item D. was an ordinance which
implemented a prior service buy back program which allowed
employees who had previously forfeited service to be able to
repurchase the service. Klinck reported that the employee must
repay all of the money withdrawn plus a 53 interest penalty. He
stated that the actuarial study completed recently showed 31
employees eligibla, but anticipated that not all would take
1 advantage of the benefit. Based upon the actuarial projection, the
y cost to the city was a .143 increase in the city's contribution.
s The 93/94 approved budget included a .25% estimate for the item at
the time the budget was prepared; thus there was a lower
expenditure than budgeted of about ;14,000 citywide.
Council Member Cott asked what was in the provision for the city.
Klinck stated that the prior service buy back provision allowed an
employee who had put time in either our city or some other TMRS
city to purchase that service back if they had withdre-in it. Thus,
it increased the employees number of years served to reach
retirement eligibility sooner. As a human resource management
technique, the employee would be allowed to transition out of
organization sooner, and the organization would be able to bring
new blood into the organization normally at a lower rate of pay and
lower rate of compensation.
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City of Denton City Council Agenda AgondailemjiuJ~
December 7, 1993
Page 19 Ne__
The following ordinance was considered:
No. 93-227
AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE
TERMINATED PREVIOUS MEMBERSHIPS IN THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS
ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE
COST OF ALLOWING ANY SUCH EMPLOYEE. CREDIT IN SUCH SYSTEM FOR
ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE
OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALT, SUCH SERVICE
HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Smith motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance
authorizing and allowing, under the act governing the Texas
Municipal Retirement System, "Updated Service Credits" in said
I msystem on an annual
of such system who basis at for service the effective rdate eof thegallowance
are in the employment of the City of Denton; providing for
increased prior and current service annuities for retirees and
beneficiaries of deceased retirees of the City; to increase the
rate of deposits to the Texas Municipal Retirement System by the
employees of the city; and repealing Ordinance No. 93-201.
Tom Klinck, Director of Human Resources, stated that the ordinance
i authorized annually repeating updated earlier adopted the new 6%, 2:1 benefit eff ctive J January Council
U
1994.
for
pdated service credits brought the retirement benefit calculation to the contributioneinto the Texas oMunicipaltRetthree ears irement System. Since the
ordinance provided for an annual repeating authorization, the
benefits would be updated automatically for each subsequent year on
i' January 1st or until rescinded by Council. Funding for the
provision was included in the 93/94 approved budget.
Council Member Miller questioned if the $53,000 was the amount
approved in budget.
i
Klinck stated that was the amount included in the contribution
rate.
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City of Denton City Council Agenda Agenda No
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Page 20
(.late ~_/-=ll!=5'~
The following ordinance was considered:
No. 93-228
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING
THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE
CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE
PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE
EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE
C
SERVICE ITY OF DENTON; PROVIDING FOR INCREASED PRIOR AND CURRENT
RETIREES AOFUTHEECITY; ANDIESTABLISHING E AN CEFFECTIVE DATE DECEASED
THE ORDINANCE.
Cott motioned, Brock seconded to adopt the ordinance. On roll
vnte, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance approving
and authorizing the City Manager to execute a compromise settlement
agreement in the matter of Roebuck.et. al,
y v. City of Denton.
Debra Dra
yovitch, City At
compromise settlement agreement ~ becoa ended the ordinance with
( previously been addressed, and the agreement does ote p ovide for
any obligation upon the city to expend any money.
The following ordinance was considered:
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i No. 93-229
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE
SETTLEMENT AGREEMENT IN THE MATTER OF ROEBUCKS ET. AL. V CITY
OF DENTON; AND DECLARING AN EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
t a. The Council considered adoption of an ordinance retaining
the firm of Wolfe, Clark 8 Henderson to represent the City of
Denton in litigation pending against the City.
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City of Denton City Council Agenda VendaNo. ell "Qd v'
December 7, 1993 Ageridalte^ R -
Page 21 +v
4ate
The following ordinance was considered:
No. 93-230
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE FIRM OF
WOLFE, CLARK & HENDERSON TO REPRESENT THE CITY OF DENTON IN
LITIGATION PENDING
EXPENDITURE OF FUNDS THEREFOR T AND CITY; HANIEFFECTIVE
DATE.
Perry motioned, Brock seconded to adopt the ordinance. on roll Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry usl"aye",
and Mayor Castleberry "aye". Motion carried unanimously.
12. Resolutions
II~
A. The Council considered approval of a resolution formally
adopting the name of the branch library.
the Library rname Boa
Eva Poole, Library
recommended the name of iDenton~Library stated - Sthat outh as the
the branch library.
The following resolution was considered:
k No. R93-078
A RESOLUTION OF THE CITY OF DENTON, TEXAS, FORMALLY NAMING THE
BRANCH LIBRARY; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the City of
Denton and County of Denton for the provision of library services.
City Manager Harrell stated that the resolution was the annual
execution of an agreement with Denton County regarding their
contribution towards library services. The funding was talked
about in length during budget discussions. From the city
perspective, the agreement was not a sufficient amount to cover all
of the costs associated with serving the county residents.
However, it was a contribution which helped balance the library
4 budget.
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City of Denton city council Agenda pats
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Page 22
Council Member Brock asked about the note in the back up that
Section entailed bstating g that three city would assume obligwondered ations of the
County library.
Ms. Poole stated that the city had been serving as the de facto
County library for about 25 years. The article was added to ensure
that as a legal mandate that any public library receiving county
funding in return serve any resident of the county free.
Council Member Smith questioned if this was the first year the city
had the $7,500 matching funds and where the funds needed to come
from other than Denton County and what was meant by that.
been a part of the
7,500
stated Poole that the $
to have heir cities
of thetwelvealibraries always
match the $7,500 in order to get the county allocation.
The following resolution was considered:
No. 893-079
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FOR THE
PROVISION OF LIBRARY SERVICES; AND PROVIDING FOR AN EFFECTIVE
DATE.
Perry motioned, Cott seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered approval of a resolution
appointing election judges for the special election to be held
January 151 1994.
City Manager Harrell reported that the resolution was the last
legal step needed to be taken to set in motion the special election
of January 15, 1994, and appointed the presiding judge and the
district judges under the supervision of Mrs. Walters.
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City of Denton City Council Agenda AceidaNo I"6 - o v
December 7, 1993
Page 23 Agendalcerm dS W
We The following resolution was considered:
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No. R93-080
A RESOLUTION APPOINTING ELECTION JUDGES FOR THE SPECIAL
ELECTION TO BE HELD JANUARY 15, 1994, TO DETERMINE WHETHER TO
ADOPT AN ADDITIONAL SALES AND USE TAX OF ONE-HALF OF ONE
PERCENT) AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Miller seconded to approve the resolution. On roll
vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried on a 5-l vote.
13. The Council considered a nomination to the Airport Advisory
Board.
Council Member Cott reported that he was not ready to make the
appointment at the meeting and would be ready at the meeting of the
December 219t.
14. Miscellaneous matters from the City Manager.
The council returned to Work Session Items.
2. The Council received a report,
staff direction regarding roofing policies and procedures.
Tom Shaw, Purchasing Agent, returned to the podium to be available
for Council questions.
F Council Member Miller questioned whether the Council was giving
staff different marching orders in terms of how the city specified
roofing in the future, One issue was that the city had been able
to agree on the design and, since 19890 had built a number of roofs
that were successful In terms of leaking and so forth. Miller
stated he was not comfortable with putting out bids which allowed
someone to say they would build something that would last 15
without specifications. Miller thought specifications shouldabe
Included but not so narrowly written that others could not bid on
the project but that the city should maintain some control.
Council Member Perry stated that he agreed with Council Member
Miller that the five criteria the city had set were very im
and the city should stick to those since they formed he Important,
the city's current policy for writing specifications.
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City of Denton City Council Agenda
December 7, 1993
Page 24 C/ V U
Council Member Smith stated that she does not have a vast
experience in roof building but felt the city had a competent staff
that had studied the issue and worked on it diligently to establish
the five criteria required on bidding on any roof work which were
available to all bondable and insurable roofers. That indicated to
her that the city had tried to include anyone who met the criteria.
Smith was willing to let the professional staff write criteria and
manage things of this nature.
Smith motioned, Perry seconded to continue the currant policy while
keeping alert and looking for any new activity that might be
profitable to the city and depending on the professional staff who
knew about the standards and understood them to be alert to the
Council's desires. On roll vote, Brock "aye", Cott "nay", Miller
"aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried on a 5-1 vote.
3. The Council received a report, held a discussion tnd gave
staff direction regarding the televising of City Council meetings.
Bill Angelo, Director of Community Services, outlined three basic
scenarios regarding the broadcasting of Council Work Sessions. The
first scenario involved the broadcasting of Work Sessions on the
first and third Tuesdays of the month from the Council Chambers
prior to the regular meeting. The second scenario involved the
broadcast on the second and fourth Tuesdays from the Council
Chambers. The third scenario involved broadcasting meetings of the
Council on either of those two time periods from downstairs in the
Civil Defense Room.
Angelo stated that staff felt there were many problems associated
with broadcasting from downstairs in the Civil Defense Room
primarily from the facility available. There was not enough site
distance between the walls and the tables to allow for any type of
wide angle shot which required focusing on one or two individuals
during the entire meeting. Angelo stated there was a problem with
the audio since there was no sound system downst, -a. One could be
inetalled at a substantial cost, or they cou se directional
microphones on the cameras. The problem with directional
microphones was that they worked good at close distances but when
a head was turned to ask a question, audio might disappear.
Additionally, directional microphones picked up a lot of additional
noises. The broadcast from downstairs could be done but not with
very good quality. There was a cost of approximately $2,250 to run
i the cables approximately 200 feet from the system upstairs to the
Civil Defense Room. Personnel costs and labor to broadcast from
downstairs for the first and third Tuesdays was estimated at $665
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City of Denton City Council Agenda
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December 7, 1993 rX
Page 25
PO Of Afe-
for remainder of fiscal year, and $1,227 if the second and fourth
Tuesday meetings were included. Another problem with broadcasting
the meetings of the first and third Tuesdays was that with only two
cameras available a 45 minute delay from meeting downstairs to
upstairs was needed for camera breakdown and set up.
Angelo stated that the second scenario which dealt with
broadcasting the work sessions on the second the fourth Tuesdays
from the Council Chambers had only a nominal, cost of 61,227
additional personnel expenses. The problem with the broadcast on
the second and fourth Tuesdays was that in discussions with the
School Board in regard to sharing of the channel and the broadcast
equipment, the Board had indicated that they planned to broadcast
their meetings on the second and fourth Tuesdays of the month.
Staff would be happy to work on that scenario and to discuss with
the School Board the possibility of changing their meeting night.
Angelo stated that as far as broadcasting work sessions from the
Council Chambers on the first and third Tuesdays, there were no
problems since the facilities were adequate and all equipment was
in place. An additional expense of $667 for personnel would be
incurred.
Council Member Cott stated that Council Member Perry had convinced
j j him that the Council seating configuration in the Chambers was not
as conducive as the configuration in the Civil Defense Room for
Work Sessions. Cott requested that the city cost a better
configuration for the Council Chamber dais.
Angelo stated that future remodelling activity might take place in
the Council Chambers and City Hall. At that time, broadcast of the
work sessions would ba kept in mind to make the room downstairs a
little larger and include facilities that allowed for a good audio
feed.
Council Member Miller stated he was very much in favor of
televising all of meetings and wanted to have the work sessions i
televised in the future because they were important. Miller stated {
that he did not feel it was practical to televise the meetings from
the Civil Defense Room. The configuration that made for good
conversation in that room was not good for televising. Miller
stated some concern regarding second and fourth Tuesday meetings
and making them synonymous with Work Sessions since many times they
were not all work session items and city business was conducted and
some very important issues were discussed and voted on especially
during the budget process. Because of conflicting meeting daL,s
,
with the DISD caused problems and recognizing that both the School
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City of Denton City Council Agenda 4gG F~. - --S..
December 7, 1993
Page 26 Qi ~1
Board and Council met on additional nights, a resolution of the
times and dates for meetings would need to be made.
Council Member Brock recommended that the issue be put on the
agenda for the Council's mid year planning session so that Council
could work out some means for televising the work sessions because
of the deliberations that go on. Brock also stated that the
Council should definitely be talking to members of the School Board
about the Council's understanding about working out something
equitable. Brock stated that she was concerned that the Council
had meetings concerning public policy when the School Board was
also meeting. She felt it necessary to have a very serious
discussion about the meeting date so that citizens who were
interested could attend any meeting or all of them could bo
to' 'rvised. Brock also stated that she would like address the issue
of televising the Planning and Zoning meetings because they were of
general interest and frequently many issues were worked out at
Planning and Zoning meetings before they were presented to Council
for consideration.
Harrell stated that the city and the Denton Independent School
District reached an informal agreement that the city and the DISD
would share equipment. Part of agreement was that the city would
broadcast the first and third Tuesday, but there was a provision
that occasionally the City Council would have special sessions on
the off Tuesdays and during those times the Council Meeting would
t take precedence. The issue had been discussed informally and the
ball left in the DISD court as to coming forward with the formal
agreement setting forth the relationship between the city and the
DISD. Because they were not projecting to begin broadcasting until
next spring or summer, the DISD had not felt an urgency to move
forward. Based upon the city's early experience at televising
meeting;, the Council might want to dialogue with The School Board
at the joint January meeting to encourage them to review the
possibility of moving their meeting to eliminate the conflict of
meeting dates.
Council Member Cott asked who owned the broadcasting equipment.
City Manager Harrell stated that the equipment actually owned by
city and was purchased with a grant given by Sammons Communications
at "he last franchise negotiation with the stipulation on the grant
that the equipment be utilized to televise Council meetings. The
grant was negotiated to replace an earlier provision in the
franchise which required Sammons to actually televise the meetings,
Counc.U Member Cott questioned to whom Sammons obligated Channel
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city of Denton City Council Agenda r:!`_.et?f~rrll Z*-
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Page 27
City Manager Harrell stated that in the 1988 Sammons franchise
agreement Sammons obligated themselves to televise Council meetings
at some point in the future. During the course of the negotiations
for the new franchise, the city substituted a continuance of
Sammons obligation to televise the meetings with a provision that
Sammons provide a grant in the amount of $60,000 to purchase the
equipment to televise the meetings. School Board members talked
with the city and wanted to piggyback onto the agreement and
utilize the same equipment to televise School Board meetings.
Through some informal discussions with the DIED, Council agreed
that was a good idea to work towards.
Council Member Perry stated that there were other considerations to
determining what was in the best interest of citizens of Denton
besides the cost of a televised program and technical issues
involved. Perry stated that as close communication as possible
between and among members of the Council as they deliberated issues
was necessary and urged that Council not lose sight of the
importance of the communication. Perry stated that everything
done by the Council was in the public eye, covered by the preset
and had been broadcast on the radio and available to everyone. The
actions of Council were recorded fully and Perry urged that true
communication between and among the Council was as urgent to the
t public interest as anything else. Perry felt it was an important
part of communication to see everyone to build consensus.
Council Member Miller asked if the channel itself was a public
channel dedicated to city which the city would allow the School
Board to use and what were the terms of the use of that channel.
Angelo stated that the channel was a government access channel.
When the city negotiated for the channel it was for the city. The
city had contacted the DISD prior to the negotiations to ask if
they were interested in participating with the city in some type of
shared channel. The response at the time was that there was not
much interest. However, the city has always kept in mind that it
would be a shared channel. The city had discussions with Sammons
during that time period and since, that at some point in time it
was envisioned that either the city or DISD would have enough
productions to warrant their own channel. Angelo felt that Sammons
would honor the request for a separate channel.
E Council Member Miller stated that if the item was going to be
disc.,ised it should start as to where the city saw the access
channel going and better utilization of the channel as a
communication tool within the community not only with the city but
also the school district. Miller stated that a determination of
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City of Denton City Council Agenda 4gC^~3'tCmr / / 9~
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Page 28 p~ 0 ~lsb
was the
discussed bytCouncil. beat
what was the
utilization of thepchannel should channel
The Mayor stated that in the initial discussion with the School cha Board there was some thought that h School
thea rd aff m to start
their meeting night to Monday. The Mayor
some preliminary discussions with DISD staff about when they would
like to start televising meetings, and that the Because t fn tthe he
( agenda for the point meeting in January. be usi understanding with the School Board that they ul felt the city
same needed equipment to have dicussions wih them.
Council meetings, he Mayor Member Miller cautioned that
and meting changes. city phase into the
extended t
Council Member Brock requested that the city start using the
bulletin board feature to get out information concerning the city.
Angelo stated that the bulletin board was functional and had been
used on airould basis attempt+to get numbers. City Council During agendas e on week
or two, staff the
i~
bulletin.
Council Member Smith agreed with Mr.Miller's comments and was very
i pleased that the city was broadcasting the regular meetings. Smith
stated that she wished the city could telecast the decision
making
times because it could be a very explanatory type process citizens would know how the Council arrived at their decisions.
Smith stated that the city had to be very careful not to do
extended televising until the situation was workable for the
Council. Based or staff's report concerning the limitations to the
Civil Defense Room, she did not feel it was a possibility at the
moment. Council should keep in mind the remodelling that would
occur in the building in the future and work toward broadcasting
all rred
Council SchooleBoard,sincetthe city had tstart do the processowithtthem.
Sch
Council Member Perry supported the suggestion Council Member Brock
had made concerning aking another detailed look at the broadcast
issue year planning session.
4. The Council received a report and held a discussion regarding
the Airport Plan and height and noise zoning regulations.
Rick Svehla, Deputy City Manager, stated that on Wednesday evening
the Planning and Zoning Commission and the Airport Advisory Board
would meet to begin receiving input on two related items at the
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City of Denton City Council Agenda AgC'16t';. +C+~
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Page 29 ,
airport. The first was height control and compatible land uses.
In April, Council appointed a joint board of Planning and Zoning
Commissioners and Airport Advisory Board members to study the
height and land compatibility issues. State law had changed and
allowed cities over 50,000 to begin to zone around airports in
areas any closer than five miles from the end of runway and any
closer than a mile and half on either side of runways. Because of
the law change and because the city was In the midst of doing a
master plan, the Council appointed the board to look at zoning
Issues. The joint board finished their work in July and had since
made preliminary recommendations to Council. Since the joint board
anticipated doing zoning controls on adjacent land at the airport,
the joint board was taking the issues to the Planning Zoning Board.
At the joint meeting on Wednesday night, the recommendation would
be discussed. Svehla stated that the area described by the law
allowed the city to zone and control approximately 33 square miles
which was roughly half again as big as the City of Denton. In the
Initial discussions, the joint board thought that the Berea was very
large and should be reduced. Consequently, the joint board
received a large amount of information on the noise characteristics
of future improvements. The joint board had come to Council several
i times with configurations at the airport based on demand and
forecasting to Include not only extensions to the existing runway
but also a second larger runway. Based on the recommendations of
the draft configurations of the plan, the joint board made
recommendations for a two prong approach for zones of land around
the airport. The zones were called Zone 1 and 2. Zone 1 was the
J closest area around the existing and proposed improvements and
additions to the airport and prohibited the building of residential
type of uses. The area was more compatible with industrial and
commercial uses and mirrored the existing Denton Development Plan
for land use around the airport. Zone 2 allowed residential uses
with one or two options of either an avigation easement granted by
the land owner that acknowledged that air transportation or traffic
of some sort may actually be using air space above the property or
that when a building was permitted special noise mitigation be used
in construction. The requirements for noise mitigation were very
similar to standard building practices that were used in any kind
of energy efficient home being built in the city now. The joint
board listened very carefully in the public hearings they held to
concerns expressed by individuals. The joint board looked at how
the zones matched the Denton Development Plan, how the original
thought was to zone a large tract of land and then very minimally
constructed the new zones. Svehla added that the joint board
wanted to be assured that existing structures were not affected by
the new regulations which was true with the exception of buildings
which were added on to which needed to meet the new btandards.
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Page 30
Svehla reported that the second issue to be discussed was the
Master Plan. The Master Plan entailed not only the existing
airport and improvements to it, but also future improvements to the
existing runway and finally to looking to expand to a larger runway
to the west. The Airport Advisory Board was very cognizant of a
number of things including forecasting demand for commuter travel,
cargo and general aviation. The projections of the new draft
Master Plan were much lower than that of the 1986 plan and were
based on the new projections for growth for Denton. The Airport
Board was very cognizant of costs and making sure not to move any
faster than demand dictated and ensuring the city was applying for
all the FAA matching funds available. Svehla stated that after the
public hearing additional information would be gathered and
expected the issue to be to Council for consideration during the
first quarter of 1994.
15. There was no official action on Executive Session Items
discussed during the Work Session Executive Session.
16. New Business
't
The following Items of New Business were suggested by Council
Members for future agendas:
` A. Council Member Miller updated the Council on visioning
E activities. The Cabinet met on Tuesday morning and appointed co-
leaders for impact groups. The six impact groups were The Business
City, The Cultural City, The Education City, The Functional City,
The Hospitable City, and The Transportation City which had
subheadings under each which would be interrelated. The training
time was set for the evening of January 13 for the co-leaders at
which time they would go through the process of dealing and
considering change, strategic planning, and the Idea of
facilitating and communicating the process with the impact groups.
Sometime between now and January a communique to peopled Interested
in being involved in process would be sent asking for their first,
second and third choice for involvement in the visioning process.
Impact group appointments would be made based upon their choices so
that representation from the community was In each group. By the
latter part of January, the impact groups would have their first
meetings and get underway. The Visioning Room at the Denton
Municipal Center was just about complete and would be available for
impact group meetings and to display materials.
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B. Council Member Smith announced that Council would be
cleaning their Adopt-A-Spot on Saturday, December 18th at 9:30 a.m.
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9 17. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 9:30 p.m.
i
Bob Castleberry, Mayor 1
City of Denton, Texas
Betty Williams
Deputy City Secretary
City of Denton, Texas
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CITY OF DENTON CITY COUNCIL MINUTES
DECEMBER 14, 1993
The Council convened into the Executive Session on Tuesday,
December 14, 1993 in the City Manager's Conference Room.
' PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Cott, Perry, and Hiller.
ABSENT: Council Member Chew
1. The Council convened into the Executive Session to discuss the
following:
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A. Legal Matters - - Under TEX. GOVT CODE Sec. 551.071
1. Considered annual evaluations of the municipal
Judge, the city Attorney, and the City Manager.
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With no further business, the meeti^-.q was adjourned.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
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JENNIFER WALTERS gerda N0 O O v-
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1 CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
December 21, 1993
The Council convened into the Work Session on Tuesday, December 21,
1993 at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Cott, Perry, and Miller.
ABSENT: Council Member Chew
1. The Council convened into the Executive Session to discuss the
following:
i
s A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Considered action in the matter of the application
of Bolivar Water Supply Corporation for an
amendment to CCN No. 11257; Docket Nos. 9824-C and
9447-C of the Public Utilities Commission.
2. Considered offer of settlement in Pitts & Gaffney
claims.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
k
1 1. Continued to consider evaluations of the Municipal
Juda- the City Attorney, and the City Manager.
2. The Council : red a report and held a discussion regarding
a recommendation arom the Cable Television Advisory Committee
relative to the City's application for Rate Regulatory
Certification from the Federal Communications Commission.
Bill Angelo, Director of Community Services, stated that as a
result of the Telecommunications Act of 19921 all local
jurisdictions were give the opportunity to get back into the rate
regulation business for basic service and related fees. Under the
regulations the City had the option to regulate or not to regulate.
There were three options which included to not seek certification,
apply for certification now or apply at a later date. Once the
City had applied and received certification, it would be obligated
to follow certain regulations which might require additional
funding for the City. If the City did not apply for certification,
there would be no recourse for citizens regarding rates for cable
services. With the third option of applying at a later date,
perhaps after the rate freeze had passed, the City could reexamine
rates at that time. The Cable Board did not expect Sammons to
raise rates unnecessarily. From a public perspective, the City
needed to apply for certification as it was an obligation to the
citizens to be sure rates were fair. The Cable T. V. Advisory
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City of Denton City Council Minutes A54894* ~
December 21, 1993 we_.__--~~~ ~
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Page 2
Board recommended that the City proceed with certification.
Council Member Perry stated that if the City went for
certification, it still would not have much room for regulation as
the rates were determined by the FCC and brought to the City.
Angelo stated that the FCC had established a benchmark rate leval.
As long as the cable company'a rates were at or below that
benchmark, the rate would be acceptable. It appeared that if a
rate increase request were received from Sammons which wds at or
below benchmark, the City would have to approve that rate.
i
Council Member Miller asked if the current Sammons races were below
benchmark.
Angelo stated that Sammons was currently $3.00 below the benchmark.
Council Member Miller stated that if tha City were certified,
Sammons would have to go through a regulatory body such as the City
to approve increased rates. If the regulatory body did not agree
with the increase, would the City have to have outside consulting
services to work that situation.
Angelo stated that current staff would be able to do a cost of
service study. The question would be if the time would be adequate
to do that type of analysis.
f Council Member Cott felt that supply and demand would prevail and
this was the citizens surest control over Sammons. Under a
government control situation, the supplier would supply only what
was required. Under a free market situation, it would supply the
maximum it would have to. He felt it was beat to not try to
control this area and not seek certification.
3. The Council received a report, held a discussion and gave
staff direction regarding the Solid Waste Master Plan Task Force
Committee member appointments.
Bob Nelson, Executive Director for Utilities, stated that this was
I the beginning of a major strategic issue for the community which
was how to address solid waste projects in the City. This Task
Force would fine tune what the City wanted to do with its solid
waste business and what areas to go into. The Public Utilities
Board had recommended possible individuals for selection to the
i ` Task Force.
Howard Martin, Director of Environmental operations, reviewed the
possible members for the Committee. The Committee was proposed to
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City of Denton City Council Minutes Age Vai rem ~S
December 21, 1993 Date-
Page 3 3 S o~
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be made up of 25 members representing a cross section of the
community. Materials were presented in the agenda back-up
indicating possible members.
Council Member Perry asked if the suggested members had been off a
particular board/commission for a year.
Martin replied that the members of the Denton Area Technical
Committee were not appointed by any governing body. The original
idea was to get major industries and the universities together to
see how all could cooperate and to get better prices for
recyclables, etc. The Committee also looked at the Cityts
situation and made some recommendations for alternatives to explore
regarding these issues.
Mayor Castleberry asked about the number of individuals for each
area,
Martin replied that there would be one member from each district.
Council Member Cott asked about the time frame for meetings.
r Nelson replied that the Committee would meet two to three times per
month for three to four months.
Council Member Cott suggested considerinq a representative from
i Cooke County College for a position on the committee.
City Manager Harrell stated that the organizations listed would be
asked to submit names for the Committee but the others would be
from the Council. The names listed had confirmed that they would
be willing to participate.
Council Member Miller suggested considering a high school student
to be included on the Committee.
City Manger Harrell stated that staff needed from Council on
indication if other members needed to be added. At the next
meant:-, Council would establish the seats in order to fill those
slots.
Martin reviewed the charge of the committee and the recommended
goals which were included in the agenda back-up materials plus a
preliminary outline of activities to be undertaken.
1 Mayor Castleberry asked if Council wanted one or more Council
Member on the task force.
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City of Denton City Council Minutes ')ate L"
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December 21, 1993 `
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Council Member Cott felt that that might alter the way the task
force would perform.
Consensus of the Council was to not have a Council Member on the
task force.
Mayor Castleberry asked about the recommendation for a high school
student on committee.
Consensus of the Council was to include a high school student.
Mayor Castleberry asked if Council was agreeable with each council
Member making an appointment as outlined.
Council Member Brock asked if the individuals needed to live in a
I particular district. She felt it was pore important to have the
expertise of an individual rather than an individual who lived in
a particular district.
Council Member Perry felt that the individuals should be appointed
from each particular district.
/
Consensus of the Council was to appoint individuals from any area
i of the City.
Council Member Miller felt that this task force would be an ad hoc
advisory committee and that an individual could serve on that task
force even if currently serving on a board/commission.
$ Mayor Castleberry indicated that Council could give diraetion that
no individual could serve on the task force who was currently on a
board/commission.
Council Member Perry recommended to not appoint an individual to
I the task force who was currently serving on a board/commission.
Mayor Pro Tem Smith stated that the individuals on the membership
I list had already agreed to serve such as the Public Utilities Board
members.
Council Member Brock felt that any group with a special task which
was not an on-going board or commission was a special case. This
was a group with a specialized task and it was appropriate to have
individuals who hau already been on a study committee regarding the
issues. It made sense to have individuals from the Public
E Utilities Board and felt there was no conflict of interest in that
area.
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City of Denton City Council Minutes Taff _
December 21, 1993 DD X.
Page 5
Consensus of the Council on the Perry recommendation was to not
proceed with that recommendation.
Mayor Castleberry asked if council was comfortable with the basic
procedure as outlined.
Consensus of the Council was to proceed with the basic outline.
Mayor Castleberry asked Council if they were comfortable with the
recommendations regarding charge and planning for the task force.
Consensus of the Council was to proceed with the charge and
planning procedures.
CoRegular Session uncil Chambers. Tuesday, December
The 0 1993 council at 7:00 pmiin the the
21
PRESENT: Mayor Castleberry; Mayor Pro Tom Smith; Council Members
Brock, Cott, Perry, and Miller.
ABSENT: Council Member Chew
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the special
Call Session of November 23, 1993.
Smith motioned, Perry seconded to approve the minutes as presented.
On roll vote, Brock "aye", Cott, yaye , Miller aye , Smith aye ,
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
3. Citizen Reports
A. The Council received a citizen report from Joe Dodd
l regarding cable casting of Work Sessions.
Mr. Dodd stated that the Work Session had an item regarding
regulation of the cable television company. Basic cable was a
I monopoly and needed to to regulated. He urged Council to proceed
with the staff recommendation to become certified. That particular
Work Session was at 5:15 p.m. and he could not attend the meeting.
It had been suggested that the press attended those meetings but
r the press only covered one or two of the items in summary. The
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City of Denton City Council Minutes rVe
December 21, 1993
Page 6 11 C 7 U
body language of individuals at those meeting added to the
interpretation of the meetings. Radio did not cover those meetings
either. It had been stated that moving the work session meetings
to the Council Chambers would be too expensive to cover. Dodd felt
that the franchise fee would more than adequately cover the
perceived thate staff told negative Council what
exense. perception as r the Sessions
they should do and Council rubber stamped those recommendations.
The work sessions were interesting and informative iscussio Is twos
place in them and needed to be seen by the public.
important for the public to see the interaction among to the hear the
the Cowas hard to see uncil and hard
discussion i Council
Members. in the Civil Defense Room. Council needed to consider
televising those meetings. If that were not possible, he urged
that the budget hearings be televised from the Council chambers.
4. The Council considered an ordinance providing for a change in
zoning of .330 acres of land from Planned Development No. 87 n
(SF-10) zoning district classificatio
87) to Single Family-10 and
use designation and approving a new detailed plan for 0.296 acres
of PD-87. The tracts totalling 9.626 acres were located on the
west side of Lillian Miller Parkway at Southridge Drive. Z-93-022
(The Planning and Zoning Commission recommended approval.)
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Frank Robbins, Executive Director for Planning, stated that Council
public hearing on this item on December 7. The Planning
d hold a
which
had
and Zoning Commission had placed conditions on the PrcPosal were included
n on the plan on December 7th. The plan now i
i not show
a 160 utility easement and no fences would be allowed in the
drainage easement and should be part of the consideration at this
meeting.
asked if there would be additional north turns
council Member Cott
allowed on the east side of the development.
Robbins replied that there would not be any additional median cuts.
The Lillian Miller median cuts would be same as the east side of
Lillian Miller.
The following ordinance was considered:
NO. 93-232
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE IN ZONING OF .330 ACRES OF LAND FROM PLANNED
DEVELOPMENT NO. 87 (PD-87) TO SINGLE FAMILY-10 (SF-10) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION AND APPROVING A
4{` NEW DETAILED PLAN FOR 9.296 ACRES OF PD-87 LOCATED ON THE WEST
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City of Denton City Council Minutes
Pageem~er 21, 1993 3 Q ~7
SIDE OF LILLIAN MILLER PARKWAY AT SOUTHRIDGE DRIVE; PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. on roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
5. Consent Agenda
Council Member Cott indicated that he had a question conce~:ning the
driving range and the insurance liability coverage for the
community. He questioned what assurances there would be that the
coverage would remain after the close of the deal.
E Denise Harpool, Senior Buyer, replied that the insurance would be
addressed with this contract as with any other contractor. They
would send the City a certificate of liability coverage and if the
certificate went out of effect, the City would have the option to
cancel the contract.
i Perry motioned, Cott seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye",
Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion
Parried unanimously.
A. Bids and Purchase Orders:
1. RFSP /1558 - Golf Driving Range
2. P.O. 041491 - Darr Equipment Co.
B. Plats and Replats
1. Preliminary replat of Lot 1R, Block A, Exposition
Mills. The 22.493 acre tract was located at the
northeast corner of Westgate Blvd. and IH-35. (The
Planning and Zoning Commission recommended
approval.)
2. Preliminary plat of Lots 18-27, Block A; Lots 41-
46, Block 36 of the Southridge Oaks subdivision;
and the preliminary replat of Lots 28 and 29 (into
Lots 28A and 29A), Block 36 of the Southridge East
subdivision, Phase I. The 10.235 acre site was
located irmediataly wrist of Lillian Miller Parkway
at S,)uthridge Dr`ve. (The Planning and Zoning
Commissions recom^~_nded approval.)
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December 21, 1993 d
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6. Ordinances/Resolutions - Consent Agenda
A. The Council considered adoption of an ordinance providing
for the expenditure of funds for emergency purchases of materials,
equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of
competitive bits. (4.A.2. - P.0.141491)
i The following ordinance was considered:
NO. 93-233
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENC! PURCHASES OF MATERIALS, EQUIPMENTS SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", bmith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
1 B. The Council considered approval of a resolution
authorizing the Mayor to execute a golf driving range lease between
the City of Denton and Walter Nusbaum. (The Parks and Recreation
Board recommended approval.) (4.A.1. - RFSP 01558)
Toe following resolution was considered:
NO. R93-081
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GOLF DRIVING
RANGE LEASE BETWEEN THE CITY OF DENTON AND WALTER NUSBAUM; AND
PROVIDING AN EFFECTIVE DATE.
Smith motioned, Perry seconded to approve the resolution. on roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
7. ordinances
A. The Council considered adoption of an ordinance amending
solid waste rates for commercial sanitation collection services as
authorized by Chapter 24 of the Code of Ordinances of the City of
Denton by establishing charges for dumpster refill and extra
dumpster pick-up service; and establishing charges for unsecured
i landfill loads. (The Public Utilities Board recommended approval.)
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December 21, 1993
Page 9`
Bill Angelo, Director of community Services, stated that there were
three issues associated with this ordinance. One dealt with the
refilling of dumpsters while the sanitation truck was waiting. The
second was requests for extra pickups. In the general course of
business, each customer had only one extra pickup per month or one
refill per month and this was built into the base service charge.
Over the last year score customers had taken advantage of this
situation and were requesting extra pickups on a frequent basis or
refills on frequent basis. The Public Utilities Board had
discussed the situation and had agreed to establish a fee for these
extra services. One free refill or additional pickup per month
would still be allowed. The fees were based on a time motion study
done on the average amount of time to refill the dumpster or to go
to a point to do an extra pickup. The third issue dealt with
unsecured loads into the landfill. Under existing State
regulations, the City was required to exercise some control on
unsecured loads coming into the landfill. The City had the option
to send those vehicles away or allow them into the landfill with an
extra fee or could take the responsibility for litter cleanup
within a two mile radius of the landfill. It was not good to turn
away the unsecured loads as they scattered litter when they left.
The minimum fee would meet the State's requirement.
Council Member Miller asked for a percentage of commercial users
► who refilled their dumpsters.
Angelo replied that approximately 20-30 customers would refill on
a frequent basis.
Council Member Miller asked for the percentage of users who
required more than one extra pickup.
Angelo replied that approximately 5 customers per month on a
frequent basis.
Council Member Miller asked for the percentage of individuals who
came to the landfill without a tarp on their loads.
i
Angelo replied approximately 3.5 per day. Signs were posted
indicating that loads had to be tarped.
The following ordinance was considered:
NO. 93-234
AN ORDINANCE OF THE CITY OF DENTON AMENDING SOLID WASTE RATES
FOR COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHORIZED BY
` CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY
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December 21, 1991 e5 ga
Page 10 O
ESTABLISHING CHARGES FOR DUMPSTER REFILL AND EXTRA DUMPSTER
PICKUP SERVICE] ESTABLISHING CHARGES FOR UNSECURED LANDFILL
LOADS) AND PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
8. The Council considered a nomination to the Airport Advisory
Board.
Mayor Castleberry indicated that this was a nomination from council
Member Cott.
Council Member Cott nominated James Jamieson to the Airport
Advisory Board.
9. The Council received and discussed an update on the Visioning
Project.
Council Member Miller stated that since the last Council meeting,
Council Member Brock had provided materials to Council Member Cott
and Council Member Perry. It was his understanding that those
three individuals would get together and discuss that information.
A letter had gone out from Dr. Bulls to individuals who were
i present at the kick-off meeting in October. There was a
I 111 questionnaire listing the six focus groups and asking for each
individual to select his first three choices. The Cabinet would
begin assigning these impact groups and the groups would begin
their work in late January. In mid-January a training session
would be held for the impact group co-leaders. For individuals not
at the meeting or who had not completed a form for the data base,
the information would be in the newspapers. The recruiting effort
was still underway.
Council Member Cott stated that the visioning process was
projection into the future for the community. He questioned that
parameters were not given to the groups regarding money: People
would be permitted to think and expand without a concept of how
much money was available to spend. He expressed concern that no
organization, for the most part, normally thought that way. He felt
that the bond rating individuals would take a careful look at
Denton if Denton had a future concept of Denton without considering
the cost of what was going to happen. He requested that the
j Visioning Cabinet look at the approach of putting on a certain
number of dollars over a time period for the project. The City
i Manager would manage that amount. It was not important as to what
I was the amount but the fact that there was a definite amount to use.
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City of Denton City Council minutes
December 21, 1993 ~j
Page 11
Council Member Brock stated that the Visioning Cabinet was made up
of two representatives each from the seven sponsoring agencies.
The Cabinet had no legal authority or ability to commit any public
funds. There was no way the Cabinet would say that there was a
certain amount of money which was going to be spent in the long
term. Council would have to approve the use of any funds
especially bond funds. Any vision would have to have the support
of the community in order to succeed. Building a vision on how
Denton should be in 20 years was important to do without the bounds
of money. If parameters were set, the Cabinet would be telling the
groups what to do and the thrust of the message was to have
citizens come up with a vision of Denton. The Cabinet had no
authority to spend any public money beyond the amount the City
Council voted for the original process.
Council Member Miller stated that this was not a Denton City
government project. It was a community wide program with 6 other
sponsoring groups. Limiting a dollar amount would limit what the
process was trying to do. The process was not committing any
expenditure of funds. Funds would be spent only if the total
community agreed with the recommendations of the subgroups. This
was not a budgeting project and was not managed by any one group or
any one person. An example of a visioning project was the
revitalization of the downtown area through privats donations and
k the committee of individuals who worked on that revitalization.
The process should not be encumbered with a dollar amount.
Council Member Brock stated that another example was the Harlingen
clean-up project which started out only as a month long project and
" expanded into other areas and a longer period of time.
I
j Council Member Cott stated that fiscal responsibility rested with
the Council and not with Visioning. In that, the responsibility of
the Council was to see that the visioning process did not turn the
3 City into a fiscal disaster.
Council Member Brock responded that only the City Council could
ruin the city fiscal state.
10. The Council received an update and held a discussion on the
Teasley Lane project.
Jerry Clark, City Engineer, stated that this was a Texas Department
I of Highway project from 1-95 and ended two miles south and included
rebuilding the 135 bridge. Public contact would include sending
notices through utility bills, cable television and the newspaper.
Churches, businesses and schools could help with public contact.
The bids would be let in February by the Highway Commission and
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City of Denton City Council Minutes AgenQaltemr,_
December 21, 1993 We gpe~
Page 12
awarded at that time. After that the City would hold one or two
public meetings regarding the project at churches or schools in the
community to encourage attendance. Staff proposed bi-weekly
meetings with the Highway Department regarding the project in order
to be up-to-date on project.
Council Member Miller asked for the length of the project.
Clark replied the project would take approximately 18 months to 2
years.
Council Member Cott asked about the bridge both under and over.
Clark replied that the State would do all the constructir.)n
activity. They would start with the inside portions and transition
to the outside portions.
Council Member Cott asked how many lanes would be on top.
Clark replied that 135 would be eight 1?nes with four lanes in each
direction. Those would not be used currently but would be made so
that they could be expanded.
i
11. Miscellaneous matters from the City Manager.
city Manager Harrell presented the following items:
A. KNTU Radio was hosting an informative discussion/
educational meeting regarding the 1/2 cent sales tax on January 4th
at 1:30 p.m. at the Senior Center.
B. The outside auditors had almost completed the closing of
the books for the 1992-93 budget year. It appeared that over and
above this year's budget, the final figures would show
approximately $1 million more coming in in revenue as a result of
the Peterbilt settlement, the excellent sales tax performance that
continued after budget projections, a $70,000 increase in building
permits and major increases in miscellaneous revenue category. On
the expenditure side, the budget would be $400,000 less than
projections. This meant that the City would not have to draw down
on the fund balance and would be able to add $1 million to the fund
balance.
13. New Business
There were no items of New Business suggested by Council Members
for future agendas.
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City of Denton City council minutes d Vass, 4 -
December 21, 1993 / O G
Page 13
14. The following was formal action taken on Executive session
items considered during the Work Session:
Brock motioned, Perry seconded to raise the salaries of the three
employees hired directly by the city council in the following
amounts: the Municipal Judge would receive a basic salary of
$51,450; the City Attorney would receive a basic salary of $75,620;
and the City Manager would receive a basic salary of $98$84.
These recommendations followed the guidelines of the Mercer plan i
based on the high evaluations of these employees. on roll vote,
Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 7:55 p.m.
B-A CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
t JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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fn appreciation of Date "ROBERT EAdENA W1
WHEREAS, on January 16, 1994, Robert Hagemann retired, after
serving with the Denton Fire Department since
November 13, 1961; and
5
WHEREAS, during the past ]Z years, Robert has represented
our City in the City of Denton Fire Department as
an example of a quality service employee; and
I
WHEREAS, the City of Denton has been fortunate in having
r enjoyed the dedicated and outstanding services of
Robert and wish to recoginze same; and
WHEREAS, Robert has always served above and beyond the effi-
cient discharge of his duties in promoting the
welfare and prosperity of the City, and has earned
the full respect of his fel:ow employees, colleag-
ues, and citizens of Denton; NOW, THEREFORE,
[y BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTONt
i That the sincere and warm appreciation of Robert
! Hagemann felt by the citizens and officers of the
City if Denton, be formally conveyed to him in a
permanent manner by the official minutes eofrthe City Council Resolution of upon
City of Denton, Texas and forwarding to him a true
copy thereof as a token of our appreciation.
PASSED AND APFROVFD this the J&day of , 1994.
SO CASTLEBERRY? Y
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BYt /~W(,~~~eld.~
APPROVED AS TO LEQ~L FORM
DEBRA A. DRAYOVITC}T, CITY ATTORNEY
BYt
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"TRAD BLOCXZRII
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WHEREAS, on October 22, 1997, Thad Blocker retired, after
serving with the Denton Fire Department since July
16, 1973; and
WH£kE.~L%, during the past 20 years, Thad has represented our
t .City in the City of Denton Fire Department as an
S exa.ple of a quality service employe.i and
' I
WHEREAS, the City of Denton has been fortunate in having
enjoyed the dedicated And outstanding services of
F Thad and wish to recoginze same; and
I
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WHEREAS, Thad has always served above and beyond the effi-
cient discharge of his duties in promoting the
welfare and prorperity of the City, and has earned
the full respect of his fellow employees, colleag-
ues, and citizens of Uenton; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
That the sincere and warm appreciation of Thad
Blocker felt by the citizens and officers of the
City of Denton, be formally conveyed to him in a
permanent manner by recording this Resolution upon
the official minutes of the City Council of the
City of Denton, Texas and forwarding to him a true
copy thereof as a token of our appreciation.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, HAYOR
ATTEM
JENNIFER WALTERS, CITY SECRETARY
BYs
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APPROVED AS TO LEGAL FORHs
DEBRA A. DRIYOVITCH, CITY ATTORNEY
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CITY COUNCIL REPORT FORMAT Dee_ _4iar..(.V
TO: Mayor and Members of the City Council V Xr-41~$Itzl
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: Approval of a tax refund to Safeco Land Title Co.
for William A. Lynch
RECOMMENDATION:
The Tax Department has mailed an Overpayment Letter and an Apnlication
for Refund to the taxpayer. V1 completed forms and necessary documen-
tation have been returned, requesting this refund, which the Tax
Technician recommends.
SUMMARY:
B' Chapter 31,11 of the Texas Dronerty Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of 4500,00,
Safeco Land Title has requested a refund in the amount of $575.58
r' because they overpaid William A Lynch's Account #035754.
s° BACKGROUND:
r# Safeco Land Title paid $ 575.58 on Dec. 2, 1993 and Mr, Williams's
T mortgage company paid $ 575,58 on Dec. 17, 1993 resulting in an
Overpayment. A tax refund is due.
' PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of William A. Lynch
FISCAL IMPACT:
$ 575.58
SP ULLY S TIED:
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City Managerr
Prepared by~
'Name c . c ne er
Title Tax Technician
Approved:
" eme ar an r
Title Treasu e
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le51814 fundAp"r7rs.~"d APPLICATION FOR TAX REFUND pOdaalan S-~ y L
Rafundpplkatlon 31.11(1102)
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Collecting Office Name
Tn~ 1tr~V
Collecting Tax For.
21 G I~ Mq,M WNLY (ax ng nfts)
DENTQ TEXAS 76201
Address
City, State, Zip Code
in order to apply for a tax refund, the following information must be provided b the tax -
IDENTIFICATIOH~OF PROPER~Y OWNER: by payer.
Name: /~/cc//t n G r c~c ,V _ Cy/JL
Address:
fi r /r A Al 7~r2 - 4-,Oz ctJ X
Telephone Number w ad0tionai Information Is needed).
I IDENTIFICATION OF PROPE TY.
Description of Property G.1 r; Y A J C'A C T ,c) r
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j Address or Location of Property
Account Number of Property.
or Tax Receipt Number:
INFORMATION ON PAYMENT OF TAXES:
Name of Taxing Unit Year for
From Which Refund Which Refund Date of the Amount n
Is Requested Is Requested Tax Payment Taxes Paid Tex Refund
Requested
2.G t_Y of Ast cV r ' 19 s .5 ~ J-5 /
t 3. 19 Q-/7/7 /,9 $
19 / 10 _ s S
Taxpayer's reason for refund (atfech supporting documentation): - /r/d E'Tfillc; (~r~,/ U / A7Y0 ~i T~f
f ~F1rli~~A'y C/Jc'}/ ~,9/a >/1 r/)rte ; Ecf il~c ~yAY'r
. dFfc'L of ~TLE
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"I hereby apply for the refund of the above-descrlbed taxes and certify that the Information I have given on this form
is ue and correct" rok t ;i7ifrc) LAaa Tirce
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Signature - d S
`'rt. 1410 Date of Application for Tax Refund
--_-..-------------------1t=`rc~jlj lx_10zaZ5-_-
DETERMINATION FOR TAX REFUND:
Approval Disapproval
Signature of Authorized Officer
Dale
Signature of Presiding Officer(s) of Taxing Date
Unit(s) for refund applications over swo
Any person whomak"alabeentry upon theforegoing recordshslbelubjecttooneofthefollowing Penalties; 1. Imprlsonmentof
not mote than 10 yaara nor hn than 2 years and/or a One of not more than $41,000 or both such Lne and
Imprisonmanl; 2. oonfincmeM In 1611 fora lean up to t roar Ora Ana not to exceed $2,000 or both such fine and Imprisonment as "I
lorth In Section 27.10, Pen at Code.
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REPORT FIOR05DW 01/07/94 AT 21:08 0 V E A P A Y M E 4 T S PAGE
ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYMEI
08440200000 93/02/23-0064 DENTON AUTO AUCTION W COLLINS ST 24.00 OVERPAY
10319600000 93102/29-0099 MIDDLEBROOK, SYLVIA S JOSHUA ST 0.01 OVERPAY
10310200000 93/03/01-0093 TERI TAYLOR CO INC HOLLVHILL LN 0.01. OVERPAY
02745700000 93/03/02-0061 WALSH. JEREMIAH R. RIDGECREST OR Y OVERPAY
,-02809500000 93103106.0020: WEBS MARTHA R O:O STONEOATE DR 36.90 OVERPAY
50334300000 93/03/06-0032 NONKAIGHT. RONALD TEASLEY M/08 L 60.06 OVERPAY
11757300000 93/03/06-0050 COX, SHARON S WOODCREEK CR 37.39 OVERPAY
12974900000 93/03106-0096 LAWHON A TRUITT CUSTOM HOMES KINGS RW 0.01 OVERPAY
14647600000 93/03/06-0168 HERITAGE LAND A DEV CO INC E WINDSOR ST 65.21 OVERPAY
14648700000.93/03/06-0171 HERITAGE LAND 6 DEV CO IND E WINDSOR ST 8614 OVERPAY
11616600000,93/63/07.0072 OLIN COOPER LSD 14:67 OVERPAY
11634700000;93/03/07-0073 _GLEN COOPER L7D 15.49 OVERPAY
' 03184000000. 93/03/07.Ot83 WINDHORST,' MICHAEL 0 WHITE OAK ST 0,01 OVERPAY
03118900000 93/03/07.0244 ROEBUCK, FLORA N LAURELWOOD OR 37139 OVERPAY
02809500000 93/03108-0017 WEBB, MARTHA R S7ONEGATE DR 37.39 OVERPAY
03369800000 9303/08-0065 GIBBS. KATHERINE A PIERPE ST 6.71 OVERPAY
09939700000 93/03/08-0075 MR GATTI'S X315 N AVE B 71.21 OVERPAY
01001400000 93103110-0034 MARAIS. RAYMOND W SIERRA OR 0.50 OVERPAY
02273506000 93/03/13.0107 WELCH, YANDON P CAMELLIA ST 35,90 OVERPAY
0317110000003/03/13-OIA1.'NAME WILLIAM 'P KINGSTON TO 0.50 OVERPAY
`0256910000093/031.13-0269 'VETHANS AFFAIRS MOHICAN AV 179.06 OVERPAY
02533100000 93/03/14-0024 GARIA, DANIEL N ELM ST 73.29 OVERPAY
03149500000 93/03/14-0257 PUTNAM, BONNIE A KINGS RW 37.39 OVERPAY
03184000000 93/03/14-0267 WINDHORST, MICHAEL 0 WHITE OAK ST 259.44 OVERPAY
15931200000 93/03/14-0369 STEPHENS, JOHN H BAYFIELD OR 37.39 OVERPAY
02336800000 93/03/19.0208 STRONG. KATHERINE L BRISTOL ST 73.29 OVERPAY
0209130000093/03/16-0624 WALTEASCHEID 'STEPHEN J BERNARD ST 176.t4,OVERPAY
102T4300ppp0 93/03/17.0 q26 COL ELLIO?f10 OXFORD. tN 793,74 OVERPAY
0310720098093/03111-0081 DAVfj >TERRANCE AUTUMN OAK OR 30,36 OVERPAY
10331100000 93/63/17-0190 HEYWObD, DAVID BARNES OR 413.40 OVERPAY r
02172500000 93103/17-0236 HAMILTON, BERT 0 A VIRGINIA DRIFTWOOD TA 0.04 OVERPAY
11345300000 93/03117-0304 SUSAR FARMS, INC EDWARDS RD 0.42 OVERPAY
02449200000 93/03/17-0457 CARVER, JERRY G FOXCAOFT CA 73.26 OVERPAY
t042B600000..93/03/17.0652 CITICORP.MTG INC ABBOTS LN 0,07OVER►AY
076010 0000 93/03117-0701 KEMERER; FRANK A TIMSEROREEN CA 1,362.33 OVERPAY 3
01763700000 03/03/17.0707 LANHAM; JACK O JR FAIN ST - 73.28 OVERPAY
10202200000`93103/17-Ot34 °DARBY, JOHN 0 PHEASANT HOLLO 37.30'OVERPAV ' 3f
'
Zt .r,;cw l3i7i400000 03/l3/~l661 LYNCH WILLIA A ETAL MAA
0 1~~~ C 3
ENT ST OVERPAY
02308200000 93103/20-0014 FLORES. RAYMON P THOMAS ST 37.39 OVERPAY
17637 00 0:-93/03/20-0160 SCHOONOyEll, HAROLD A CAESTMEADOW ST 0 01 OVERPAY F
24663 0004 93/03/21-0059'CARVALLO, JUAN 0 FOXCAOFT CA 3.1VERPAY
02869100ee00 93103121-0075 'HUEHOI-T: DAVID C 'BELLAINC:DR 73,2 OVE PAY
,.1044 1200000 93103124-0100.'.PEPFi KAREN 0 PARKSIDE DR 604:12 C+yI`
07tl 9400000 93/03/22-0610 -SHEPPER6, ROBERT TINBERCAEEN CA 0. 20 OVERPAY
15216600000 93/03/22-0127 CRIMES, RAYMOND L 0.02 OVERPAY
09990800000 93/03/22-0133 NORWEST FINANCIAL LEASING INC 101.24 OVERPAY ,
02615700000 93/03/27.0215 DAVIS. ANN M MALONE ST 338.43 OVERPAY
02261600000 63103127.0422 WILLIAMS. TRENTON L BUCKINGHAM OR 73.2E OVERPAY
f 1200900000093/03/20.0065 'GREEN, D EDWARD BRITTANY OR 0.01 OVERPAY
!I 0300P300000 63103/441-0496 ELLIOTT, FRANK E 911 TR WOODLAND -721 275.66 OVERPAY
,
AgendaNo
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AflendaNo.
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Date
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
t' THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVID-
ING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
4
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
r
s
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the ma-
terials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached hereto, are hereby accepted and approved
j as being the lowest responsible bids for such items:
~fl BID ITEM
NUMBER NO VENDOR AMOUNT
1564 ALL POWELL ELECTRIC MFG. ;169,000.00
1566 ALL LEN T. DELONEY $ 67,300.00
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance
with the terms, specifications, standards, quantities and for the
specified Bums contained in the Bid Invitations, Bid Proposals, and
related documents.
a^ 0
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Agenda No -oo
Agendaiw_
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SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto] provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted bids, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this day of , 1994.
I
I
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCR, CITY ATTORNEY
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DATE: JANUARY 18, 1994
CITY COUNCIL REPORT aemaN0 9t/ -0 -
kaen52'~Sem
TO: Mayor and Members of the'City Council t+tt ^ JI-~ 0/~
FROM: Lloyd V. Harrell, City Manager 5
SUBJECT: BID #1564 - CONVERSION OF COMPUTER CIRCUIT BREAKERS
RECOMMENDATION: We recommen:l r:iis bid be awarded to the low bidder meeting
specification Powell Electrical Manufacturing, in the amount $169,000.00.
SUMMARY: This bid is for the purchase of nine air blast circuit breakers which will
replace existing breakers at the Kings Row Substation which have reached their 30
year life expectancy. This purchase for replacement breakers are part of the
maintenance replacement program for substations to insure reliable breaker
operation.
The lower bid of CBS Manufacturing did not meet specifications of the bid.
>f
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Three proposals were received in response to seven bid packages mailed.
? BACKGROUND: Bid Tabulation Sheet, Memorandum from Danny Scott 12-13-93,
Public Utility Board Meeting Minutes.
PROGRAMS DEPARTMENTSOR GROUPS AFFECTED: Electric Utilities/Substations,
a Citizens utilizing electric utility services.
,
FISCAL IMPACT: Budgeted Funds for Electric Substations for 1994 Account Number
fi 810-103-1032-3620-9217 with a balance of $5,630,345.06.
e lly sub Ld//
{ oyd V. Harrell
I City Manager
Prepared By:
~ l ti~ y~Cl "~'2Ct'.
Name: Denise Harpooi
Title: Senior Buyer
Approved:
Name: Tom .Shaw,C.P.M.
Title: Purchasing Agent
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BID NAME CONVERSION OF POWER POWELL M & I CBS MFG.
CIRCUIT BREAKERS ELECTRIC ELECTRIC CO. INC.
PEN DATE 12-9-93 MFG IND. INC.
Afil 6 ~fiP~~Ft - €RDou- VEFI~OFi_ V€A6(5 - - b~Ff N6PI _ _
1. LS BREAKER CONVERSION OF $169,000.00 $173,676.00 $163,850.00
6 EACH
TYPE FC-600 AND 4 EACH
PE FC-600A, 1 3800-1 200
AMP BREAKERS
1 YEAR WARRANTY (Y/N) YES YES YES
f i
2, OPTION: VACUUM TYPE $10,900.00 $14,685.00 $7,800.00
INTERRUPTER SPARE
BREAKER FOR EMERGENCY
BACKUP
DELIVERY 120 DAYS 70 DAYS 10 WKS
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CITYofDENTONMUNICIPAL UTILITIES/ 901-A Texas Street/ Denton,TX76201
N
t MEMORANDUM
TO- Tom Shaw, Purchasing Agent
THRUs Jim Harder, Director of Electric E
`Ray D. Wells, Superintendent
{ f Substations/Metering,'.ommunicat ions
}E! FROMr Danny Scott, Foreman of Substations
DATES December 13, 1993
SUBJECTS CONVERSION OF 15KV CIRCUIT BREAKER BID #1564
saaxaasaacsa:aaasasnnaaaasa=aassanaasczazaacanc=aaaza=====:aaa===
y. After evaluating the bids for the conversion of 15Kv power circuit
breakers at Kingsrow Substation,we recommend award to Powell
Electrical Manufacturing Company. The reasons for our
recommendations are as follows:
CBS Manufacturing Co., Inc.
They failed to meet Rpecifications on page 1 of 2,
specifications #1 & #5, ..nich:
#1. Ct:rtified test Data, in_ accordance with the American
National-S iidard-re"st procedure' for AC high-voltage
circuit breakers, and metal-clad switchgear per ANSI:
C37.09, C37.59, and C37.20 of the intended replacement
breaker, breaker cell and switchgear bus, shall accompany
h suppliers proposal. CBS did not provided pertinent
information to us to evaluate their product.
s #5. All documentation, drawing, test data, etc. Furnished to
customer inclusive with submitted bid price. CBS did not
provide pertinent information for us to evaluate their
product.
The price for the 15Kv conversion of power circuit breakers is
$1 3b~854.00, plus option of spare breaker for emergency backup
at $7,800.00. Total conversion cost is $171,650.00, with a 10
week delivery time.
EXHIBIT
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Agenda No. ~1- 0°- l
AgeandaIIem_~ ,e
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CITY&DENTON MUNICIPAL UTILITIES/ 901-A Texas Street/ oenton,Tx76201
MEMOkANDUM
TOs Tom Shaw, Purchasing Agent
THRUs Jim Harder, Director of Electric
6 fh~kRay D. wells, Superintendent
K Substations/Metering,'.ommisnications
FROMs Danny Scott, Foreman of Substations
r
DATES December 13, 1993
SUBJECTS CONVERSION OF 15KV CIRCUIT BREAKER BID 41564
raaarrvamcaaaaaamacaaraaaaa=-aaaaaeeaav=vvamccaec a aaaaevaava=cvzv
After evaluating the bids for the conversion of 15Kv power circuit
breakers at Kingsrow Substa:ion,we recommend award to Powell
Electrical Manufacturing Cempany. The reasons for our
recommendations are as follows:
CBS Manufacturing Co., Inc.
They failed to meet specifications on page 1 of 2,
specifications #1 & #5, which:
#1. Certified test Data, in accordance with the American
Natio`Hal— SFaiidard-tesst_ procedure - for AC high-voltage
circuit breakers, and metal-clad switchgear per ANSI:
C37.09, C37.59, and C37.20 of the intended replacement
breaker, breaker cell and switchgear bus, shall accompany
suppliers proposal. CBS did not provided pertinent
information to us to evaluate their product.
y #5. All documentation, drawing, test data, etc. Furnished to
customer inclusive with submitted bid price. CBS did not
provide pertinent information for us to evaluate their
product.
The price for the 15Kv conversion of power circuit breakers is
$1$3,_854.00, plus option of spare breaker for emergency backup
at S7.800.00, Total conversion cost is $171,u50.00, with a 10
week delivery time.
EXHIBIT I
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Hid #1564 Agvoa lem 4`G~¢ _
Page 2 roe
M & I Electric Industries, Inc. 0 V l/
They failed to meet specifications on page 1 of 2, general #D,
which states:
Replacement of meter and relaying current transformers. In M
& I's bid page #1 they state that will perform burden,
saturation and polarity test on existing Ct's in each cell.
Should any CT's be found deLective replacement cost would be
$950.00 each.
k 'Note: This would be additional to the bid price.'
They failed to meet specifications on page 1 of 2,
Specifications #1, #5, & #9, which states:
r #1. Certified test data, in accordance with the American
National Standard test procedure for AC high-voltage
circuit breakers, and metal-clad switchgear per ANSI:
037.09, C37.59, and C37.20 of the intended replacement
breaker, breaker cell and switchgear bus, shall accompany
suppliers proposal. M & i did not provide pertinent
' information for us to evaluate their product.
#5. All documentation, drawing test data, etc. furnished to
customer inclusive w:th submitted bid price. M & I did
f not provide pertinent information for us to evaluate
their product.
#9. Contractor shall be responsible for installation,
conversion of all power circuit breaker cell components
buses, auxiliaries and circuit breakers in each section
as directed by the City of Denton Substation Department
and demonstrate the breaker ability to rack in with door
closed, electrically charge-close and trip. M & I on
page #2 stated 'this quote does not include closed door
racking for breakers."
i The price for the 15Kv conversion of power circuit breakers is
$1730675.000 plus option of spare breaker for emergency backup
at $14,585.00. Total conversion cost is $188,260.00 with a 70
day delivery timo.
Powell Electrical Manufacturing Co.
The proposal from Powell is the only bid that meets all
specifications.
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Bid #1564 /-If b(/
Page 3
The price for the 15Kv conversion of power circuit breakers is
$169,000.00, the City of Denton owns a spare powl vac breaker.
We will not require the option for the emergency backup
conversion cost
12of $10,900 . 00. 0 day delivery time.
with amolint
}
breaker 169,000.00 the
is $
I recommend that we award Powell Electrical Manufacturing Company
B the conversion of 15Kv power circuit breakers at Kingsrow
Substation in the amount of $169,000.00, low bid meeting
' specifications.
k
Respondents were as follows:
DID AMOUNT EV)LLUATED COST
Powell Electrical Mfg. $169,000.00 $169,000.00
M Z Electric $173,675.00 $188,260.00
$171,650.00
CBS S Manufacturing $163,
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12133025
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ApendaNo
tICCtRPT FROR
1994+Ixd4lS~ 1V
eoaLlc anus&a11, DOM
The following items was coneideredi
CONSIDIR PPR OVAL R1PLACDMXT OF NINE (9) AIR BLAST CIRCUIT
8
BREAKERS rOR RINGS ROM S OHS
Harder presented this item. Alter extensive discussion, Giese
'made & motion to approve Item #8 as presented. Seconded by
Clark. All ayes, no nays, motion carried.
9. CONSIDER APPROVAL OF BIDS FOR PURCHASS OF TWO (2) 69KW CIRCUIT
BREAKERS.
C_glen presented this item. After extensive discussion, Close
j mja motion to approve Item mo#9 as tion presented. Seconded by
t Thompson. All ayes, no nays,
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DATE: JANUARY I8, 1994
CITY COUNCIL REPORT Venda No. 9 (-0d y
TO: Mayor and Members of the City Council Ag ikIlcm -
FROM: Lloyd V. Harrell, City Manager }o-' `LZL&--~
/fj 9 0 Ile LL
SUBJECT: BID 1 1566 - 69 KV CIRCUIT BREAKERS
RECOMMENDATION: We recommend this bid be awarded to Len T. Deloney in the
amount of $67,300-00.
SUMMARY: This bid is for the purchase of two pneumatic operation 69 KV circuit
breakers, which will replace 30 year old oil breakers at the Spencer Substation. The
pneumatic operation of the breaker will avoid dependence on backup power to operate
the spring control mechanism.
The two lower bidders did not meet the specification requirement for pneumatic
operation.
Four bid proposals were received in response to twenty-three bid packages mailed.
BACKGROUND: Bid Tabulation Sheet, Memorandum from Danny Scott 12-13-93,
Public Utility Board Meeting Minutes.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Electric Utilities/ Substations,
Citizens utilizing electric utility services.
FISCAL IMPACT: Budgeted funds for Electrie Substations for 1994 Account Number
34506lly s b t
810-103-1032.362C-9217 with a balance of $5,630*CityManager
Harre 1
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Or
eme: Den se Harpoc
Title: Senior Buyer
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Ap roved:
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eme: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
440,apanda
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BID NAME 69 KV CIRCUIT BREAKER DELOLEN T. EILECTRIC{ WESCO M ORE
CO. INC. POWER PAYETTE
PEN DATE 12-9-93 PROD.
l~TlOwl A6-1 11 V€f~~6
2 69 KV OUTDOOR SF6 $33,650 EA $33,200 EA $33,200 EA S63,000
CIRCUIT BREAKER
MANUFACTURER: SIEMEN MITSUBISHI ABB GEC
ALGEC
DELIVERY: 16 WKS 36 WKS 26 WKS 7 MONTHS
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TEMPLE
PACE INDUSTRIES INC
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Agenda No 00 (L
Ageauaitem ~`~!I
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CITYO/DENTONMUNICIPAL UTILITIES / 901 -A Texas Street Denton, TX 76201
TO: Tom Shaw, Purchasing Agent
THRU: Jim Harder, Director of Electric
Ray D. Wells, Superintendent
Substations/Metering/Communications
FROM: Danny Scott, Foreman of Substations
r DATE: December 13, 1993
5UBJECT: 69 KV CIRCUIT BREAKER BID #1566
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After evaluating the bids for two 69Kv circuit breakers we
recommend award of bid to Len T. Deloney Co. Inc. for the Siemens
SF6 circuit breaker. The reasons for recommendation of bid to
Siemens are as follows:
Lewis-Moore-Payetle/GEC Alsthom
They failed to meet the specifications on page 4 of 6,
Construction #1 & #9, which stalest
#1. One interrupter per phase with pneumatic operating
mechanism. The HGF1012 outdoor/SF6 c rcu t reaker has
a spring operated mechanism.
#9. Breaker painted sky grey (ANSI #70). The HGF1012
outdoor/SF6 circuit breaker has no parts that are
painted: All the exposed parts are either in aluminum,
stainless steel or galvanized.
They failed to meet specifications on page 5 of 6, Control
Cabinet #4 & #6, which states:
#4. Condensation heater, thermostatically controlled, The
HGF1012 outdoor SF6 circuit breaker does not have
thermostatically controlled heaters.
c'.. #6. One (1) "X" type contact. The HOF1012 outdoor SF6
circuit breaker "X" contact is not utilized in their
control circuitry.
The price for the HGF1012 outdoor SF6 circuit breaker is
$63400.00. The total cost is $126,000.00 with a 7 month
delivery time.
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EXHIBIT I
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Bid #1566.c-_/~
Page 2
Mitsubishi Electric Power Products, Inc.
They failed to meet specifications on page 4 of 6,
Construction #1, which states:
#1. One interrupter per phase with pneumatic operating
mechanism. The 72.5Kv dead tank type SF6 circuit breaker
has a motor-charged spring mechanism.
The price for the 72.5Kv dead tank type SF6 circuit breaker is
e $33,200.00. The total cost is $66,400.00 with a 36 week
delivery time.
j ABB Power T & D Company Inc.
j They failed to meet specifications on page 4 of 6,
Construction #1, which states:
{ #1. One interrupter per phase with pneumatic operating
mechanism. The 72 Kv dead tank type SF6 circuit breaker
has a motor-charged spring mechanism.
The price for the 72Kv dead tank SF6 circuit breaker is
. $33,200.00. The total cost is $66,400.00 with a 26 week
delivery time.
Len T. Deloney Co., Inc.
The specifications of the Siemens SP-72.2.31.503PST, 2000 AMP,
L / 69Kv nominal voltage, rated 31.5Ka maximum symmetrical
} interrupting capability pneumatic operated, frame-mounted
outdoor SF6 puffer circuit breaker is the only bid that meets
all specifications as requested. The City will not have to~
purchase any additional or special tools because we have four
of the Siemens in service at this time.. Siemens will be able
to deliver the breakers within 16 weeks.
I recommend that we award the bid for i m ns breakers to Len T.
Deloney Co., Inc., at the price of $33,650.00 each, for the total
cost of $67,300.00, low bid meeting specifications.
Respondents were as follows:
Len T. Deloney $33,650.00 ea.
Mitsubishi Electric $33,200.00 ea.
J Wesco $33,200.00 ea.
Lewis More Payette $630000.00 ea.
Temple & PACS Ind. No Bid
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12133024
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EXCERPT FROM 'Coca No
PUBLIC UTILITIES BOARD xIttUTF{~rd~'i,2m f 11 "
January it, 1994
/4"r
The following items was considereds
0. CONSIDERS FPROVAL ROW REPLACET pOF NINE (9) AIR BLAST CIRCUIT
BREA1lE
by
NEW prevented this item. It-on Att
p►aae notion to app
Clark. All ayes, no nays, motion carried.
96 CONSIDER APPROVAL OF BIDS FOR PURCHASE OF 8910 {2} 69XM CIRCUIT
BREAEERB. er ex
dis Co len presented itemItem. astpresent dcusSeconded by
ma 0 a uotiora to approve motion carried.
Thompson. All ayes, no nays,
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►~gendaNo, - Cb
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive bids for the construction of public works or improvements
in accordance with the procedures of state law and City ordinances;
and
WHEREAS, the City Manager or a designated employee has receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements described in the bid invitation, bid proposals and plans
and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the con-
struction of public works or improvements, as described in the "Bid
Invitations", "Bid Proposals" or plans and specifications on file
in the Office of the City's Purchasing Agent filed according to the
bid number assigned hereto, are hereby accepted and approved as be-
ing the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1570 THOMOO CONSTRUCTION $ 98,675.00
0
SECTION IT. That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, after notification of
the award of the bid.
SECTION I2I• That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts
are made in accordance with the Notice to Bidders and Bid Propos-
als, and documents relating thereto specifying the terms, condi-
j
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44eIaaIIe~ !~S
tions, plans and specifications, standards, quantities and speci-
fied sums contained therein.
SECTION IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council here-
by authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
' executed pursuant thereto.
SECTION V. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the „ day of 1994.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
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APPROVED AS TO LEGAL FORM:
f DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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DA~fiidANUARY 18, 1994,,,f~ 0o S<
CITY CO " 1L RL,DORTAgendihtu(tl~-m-------+~~~` ~B
TO: Mayor and Members of the City Council fy 3 vd S
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1570 - JAMES STREET BOX CULVERTS AND DRAINAGE
RECOMMENDATIGN: We recommend this bid be awarded to the lowest bidder,
Thomco Construction Co. of Mansfield, Texas In the amount of $98,675.00.
toxA- uivver: ts and assloct tea dr inage Improvemen s. The project site Is'on James
Street north of Mission Street.
The bid offered by Thomco Construction is approximately $21,000.00 under project
4 estimates.
{ BACKGROUND: Tabulation Sheet, Memorandum from David Salmon, Senior Civil
Engineer dated 1-3-94.
PItggRAMS, DEPARTiwiENTS OR GROUPS AFFECTED: Engineering Department,
Drainage Division, and Citizens o Denton.
f
FISCAL IMPACT: Funds for this project are available In 1986 Drainage Bond Funds,
° Account Number 446.020-DRAN-9205-9108.
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Ij ully sub teds t
lo d . Harro i
City Manager
Approved:
Name: Tom ShawC-P.M.
Title: Purchasing Agent
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alb 1570
J-N
e BID NAME JAMES STREET BOX HUMPHREY DBR CONS7~ CONST CONT~
CULVERTS & MORTON CO
OPEN DATE DECEMBER 14, 1993
RAfl D l~l~lb E1,) ER6 i 1TER6~€t N6
TOTAL BID PRICE $140,956.02 $128,886.00 $98,676.00 $119,877.21 $154,104.00
BOND yes yes yes yes yes
I
BID 0 1670 f !
V DUVALL AND FLOYD GLEN ARCHITECT.
BID NAME JAM CULVERTS BOX 1 CONST, VINSON CO SONS INC SMITH UTILITIES
OPEN DATE DECEMBER 14, 1993
. QUANTITY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR
TOTAL BID PRICE $136,293.90 $126,867.75 $137,716.00 $115,953.00 $143,543.80
BOND yes yes yes yes yes
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Age ednaoli
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CfTY of DENTOM, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / OENTON, TEXAS 76201
} MEMORANDUM a
DATE: January 31 1994
TO: Tom Shaw, Purchasing Agent
FROM: David Salmon, Senior Civil Engineer
SUBJECT: James Street Box Culvert
We have reviewed and retabulated the bids that were received for
James Street Box Culvert and have found them to be correct. We
have also checked references for the low bidder, Thomco
Construction Company. References included d nthat
9
and Watauga, and Dallas County.
Thomco finished projects on time, were easy to work with, and
provided a good quality product.
i recommend that Thomco's bid be accepted.
Please schedule this item for the next possible City Council
meeting.
David salmon
AEE002FO
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817/566.8200 0/FW METRO 434.2529
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AgendaNe
oete
ORDINANCE NO, AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORD-
ANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE SIDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
i
WHEREAS, state law and ordinance require that certain contracts
requiring an expenditure or payment by the City in an amount ex-
ceedinq $15,000 be by competitive bids, except in the case of pub-
lic calamity where it becomes necessary to act at once to appro-
priate money to relieve the necessity of the citizens, or to pre-
serve the property of the city, or it is necessary to protect the
public health or safety of the citizens of the city, or in case of
unforeseen damage to public property, machinery or equipment; and,
WHEREAS, the City Manager has recommended to the City Council
that it is necessary to purchase goods or services due to the fol-
lowing emergency conditions outlined in the memorandum attached
hereto as Exhibit "A", incorporated herein by reference; NOW,
THEREFORE,
THE COUNCIL OF THE CITY Os DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby determines that there
is a public calamity that makes it necessary to act at once to ap-
propriate money to relieve the necessity of the citizens, or to
1 preserve the property of the city, or to protect the public health
of the citizens of the city, or to provide for unforseen damage to
public property, machinery or equipment, and by reason thereof, the
following emergency purchases of materials, equipment, supplies or
services, as described in the "Purchase Orders" attached hereto,
are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
41495 CUMMINS $ 24,920.00
Y' 41955 TEMPLE ;129,906.00
s
SECTION 11. That br,cause of such emergency, the City Manager
or designated employee .s hereby authorized to purchase the mater-
ials, equipment, supplies or services as described in the attached
Purchase Orders and to make payment therefore in the amounts there-
In stated, such emergency purchases being in accordance with the
provisions of state law exempting such purchases by the City from
the requirements of competitive bids.
Agenda No 6 a
Agendaitrl.~-iga
Date
SECTION III. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
i
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BOB CASTLEBERRY, MAYOR
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ATTEST:
f JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITC$, CITY ATTORNEY
BY:
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DATE: JANUARY 18, 1994
CITY COUNCIL REPORT 4gendaNo_r,
TO: Mayor and Members of the'City Council 4Qe~d811efiZ~ S-~
FROM: Lloyd V. Harrell, City Manager i9_
SUBJECT: PURCHASE ORDER # 41495 - CUMMINS SUPPLY
RECOMMENDATION: We recommend this purchase order be approved in the amount
0 24,920.00 for the emergency purchase of PVC Conduit.
! SUMMARY: The 14,000 feet of 6" PVC conduit was purchased to place in open
ditches at the EPIC Hospital Construction Site.
The City of Denton rented a large, highspeed trenching machine to meet the
construction schedule for electric services Installation at the EPIC Hospital Site.
After the ditches were dug, the PVC co,tduit manufacturer was unable to deliver due
to production failure. There was not cuff dent stock on hand to place pipe in the
open ditches. It was determined that these ditches were a safety concern and should
not be left open. Purchase Order 41495 was issued for PVC pipe from another
manufacture with a one day delivery to the jobsite. Normal delivery for this quantity
is 2-3 weeks.
State of Texas Laws exclude emergency purchase from the bid process.
The PVC conduit previously ordered has been delivered and is in Warehouse Stock.
i
j BACKGROUND: Purchase Order # 41495, Cummins Supply. {
PROGRAMS DEPARTMENTS OR CROUPS AFFECTED: EPIC Hospital Construction,
Denton Municipal Utility.
FISCAL IMPACT: This purchase is funded from the Warehouse WorVng Capital
Inventory Account Number #710-043-0582-8708.
r
esp ully s t d:
to d Harrell
City Manager
Approved:
_
Name: Tom Shaw, C.P.M.
Title: Purchasing Agent
5~
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THIS IS A k %XR
PURCHASE ORDER N0: 41495 CONFIRMING ORDER Ill
This number must p cases. (IF MARKED)
invoices, delivery , ps, , c cues, DO N07 DUPLICATE
tlrss, boxess. Packing slips and bills.
s Date: 12 15 93 Page No. 01
Bid No:
I i Rea. No:
I
CITY OF DENTON TEXAS
PURCHASINGS17/383-71 0 D/FW METRO 8171267f0042N FAX 817/382-4692 354
VENDOR CUMMINS SUPPLY DELIVERY CONFIRMATION ONLY C02
NAME/ P O BOX 930 ADORESS CITY OF DENTON WAREHOUSE
ADORESS DO NOT DUPLICATE
FT NORTH TX 76101
i
VENOM N0. CUK56000 OELIVERY QUOTED 12 30 93 FU8 DESTINATION BUYER TS TERMS
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MFG NAME 1.780 246, 0.00
001 14000.000 FT VENDOR CAT. 8 N A ro
CITY 8 28519350 350
CONDUIT PVC 6"X20'
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` P GE TOTAL s 24,920.00
' GR NO TOTAL s 24,920.00.
Ol 710 043 0582 8700 24,920.00 {
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3, Terms Net 30 Wait ,una~,. u.on.e1
instructiont F.C.B. Destination prepaid
~•^r"' ~~T 1. Setd I Shi DP irW
1, (WWW k"i with duplin" copy.
tin so Accounts Davaila S. No federal or state sates ua shall he Included ue Ing Milan
118 E McKlene~!f St in prices Lined
Dent} TK 781ot 1189 PURCHASING
Y,
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DATE: JANUARY I8, 1994
CITY COUNCIL REPORT
agenOaND
TO: Mayor and Members of the'City Council
Agtauallem
FROM: Lloyd V. Harrell, City Manager Dale
SUBJECT: PURCHASE ORDER #41955 - TEMPLE INC. w
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1
RECOMMENDATION: We recommend this purchase order be approved In the amount
of 129,906.00 for the emergency purchase of 500 MCM underground power cable.
SUMMARY: This emergency purchase was requested by the Electric Distribution
Superintendent in conjunction with the emergency order for 6" PVC conduit to be
used on the EPIC Hospital electric distribution construction. Unforeseen outages at
the Kings Row and Hickory Street Substations requiring underground line
replacement, depleted stock levels of this cable. This purchase was made from the
only vendor who had this cable in stock for immediate delivery, at a price in line with
previous purchases.
BACKGROUND: Purchase Order #41955, Temple Inc.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: EPIC Hospital Construction,
Denton Municipal Utility.
FISCAL IMPACT: This purchase is funded from Warehouse Working Capital Account
#710-043-0582-8708.
J
*esplly s b .
rrell
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Prepared By:
Name: Denise Harpool
Title: Senior Buyer
Approved :
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
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I PURCHASE ORDER NO: 41955 THIS IS A XXX
This number must appear on all CONFIRMING ORDER
Invoices, delivery slips. cases,
tins., boxes. Packing slips and bills" OF MARKED) ING OR
DO NOT DUPLICATE - 1
- J
Raq Na: Bid No
Date: 12 29 93 Page No. 01
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CITY OF DENTON TEXAS
PURCHASING DIVISION 1 901-8 TEXAS STREET I DENTOli 1FXAS 76201-4354
VENDOR TEMPLE INC 8 1 71383-7 100 OIFW METRO 8171267-0042 FAX 8171382-4692
NAME/ 1202 AVENUE T DELIVERY
ONLY COZ
ADDRESS ADDRESS
CITY OF DENTON WAREHOUSE
DO CONFIRMATION NOT DUPLICATE
GRAND PRAIRIE TX 75050
j VEN
W Jim DOR NO. TEM49000 DELIVERY OUOTED 12 30 93 FOB DESTINATION BUYER MH TERMS
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001 31500.000 FT VENDOR CAT. I N if A MFG NAKF.
CITY f 28080100 100 4.124 129,906.00
CABLE UG 500 MCM 15KVUNISD A
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P .GE TOTAL t 129,906.00
t O1 710 043 0582 0708 OR ND TOTAL t 129,906.00
129,906.00
INSTRtICT10NS _ - 1 3 terms Nei 30 s>„r.., ..ne a.......0.41
L $44 *4%d bnroice with dulil1ru4 copy i 4. Shipyiny Instructors: F 0.8, Destination wa aid we,. .e„,,, ,ec i„jt
em is • , Actwill Pw#k !
" 5. No federal or sole sales tea shall be Included
in prices billet
' ~ U 116 L "ic"yy SR vchasIn ivis Ion
OsrneA Tf( ti20,1 17li PURCHASING
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agenda Mo.
Agenn1vo
hate QQORDINANCE NO. /y~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVID-
1NG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
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t WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
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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 appropriatiin of funds to be used for the purchase of the ma-
terials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached hereto, are hereby accepted and approved
i as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
I
- ! 1571 ALL STEWART AND ST:UENSON COMPANY $1870500.00
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SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to 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.
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Agccuile^,_
SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative .1.9 hereby authorized to execute the
written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
i numbered items of the submitted bids, the City Council hereby
Y authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract
f made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this day of , 1994.
1 BOB CASTLEBERRY, MAYOR
I
I I ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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f DATE: JANUARY 18, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council A06ndaNo ~SC Oo c1
FROM: Lloyd V. Harrell, City Manager Agvdalte n
SUBJECT: BID / 1571 - COMPOST GRINDER Dale
/_/~-yam
RECOMMENDATION: We recommend this bid be awarded to Stewart & Stevenson
Company in the amount of $187,500.00 for a Diamond Z 836 Compost Grinder, with a
€ John Deere 244 Loader. Stewart & Stevenson Company is the lowest bidder meeting
g specification and offering an acceptable delivery schedule.
SUMMARY: This bid is for the purchase of a large compost grinder intended to
grind brush, trees and other wood products into 1/2" diameter chips suitable for
composting.
M
The delivery schedule of the proposed machine is 5 days after receipt of an order.
This was a major portion of our bid evaluation as indicated in the bid solicitation
documents.
The Public Utility Board considered this bid at their January I1, 1994 meeting.
They were presented with the bid evaluation and comparison of the bids as
submitted. They concur with this recommendation and unanimously recommend the
award to Stewart & Steveson Company.
BACKGROUND: Tabulation Sheet and Memorandum prepared for Public Utility Board
}
and sub Itted by R. E. Nelson, Executive Director of Utilities.
I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Utility Department, Solid
Waste and Wastewater Treatment Departments.
FISCAL IMPACT: Funds for this purchase will come from motorpool replacement
funds and be repaid from budget funds over a 60 month time period.
C7eeqlly submit
Lloyd V. Harrel
City Manager
Approved:
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
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BID NAME COMPOST GRINDER FECON CLAYMAR CONLEY ATHERTON STEWART 6 STEWART 8
PEN DATE JANUARY 8, 1994 INC LOT MACHINERY STEVENSON STEVENSON
NICHOLS CO., LTD INC INC
-VEN CN66 +1
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1. 1 COMPOST GRINDER-NEW, $239,085.00 $223,780.00 '$188,108.00 $240,000.00 $187,600.00 $198,860.00 `
UNUSED
' FUEL
MAKE WILLIBALD WILLIBALD HARVESTER REXWORKS DIAMOND Z JENZ
MODEL MZA2500 MZA2500 10HD-400 G 4250 MAXI-GRIND 836 J0244 LOADER AZ-35
DELIVERY SCHEDULE 30-45 DAYS 30-45 DAYS 76 DAYS i 30 DAYS 5 DAYS 10 DAYS
I2. 1 COMPOST GRINDER-USED $129,000.00 $209,168.00 $129,990.00 I $167,763.00 $176,360.00 $190,200.00
OR DEMO MODEL DEMO DEMO
FUEL
MAKE WILLIBALD WILLIBALD HARV
ESTER REXWORKS DIAMOND Z JENZ
MODEL MZA1500 MZA2500 WHOP12-56 350 MAXIGRIND 836 AZ--33
LOCATION:
I DELIVERY SCHEDULE 3-5 DAYS IMMEDIATE 15 DAYS 10 DAYS 5 DAYS
•$4000 ALTERNATE
3 YR EXT. NEW MAXIGRIND
WARRANTY 350
j $184,635.00
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No BID
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January 11. --°4
PUBLIC UTILITIES BOARD AGENDA ITEM
TO: C.'3AIR-XAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R. E. Nelson, Director of Uti4WR0
SUBJECT: BID #1571 - COMPOST GRINDER A~Olddl(BO1---- S~
RECOMMENDATION:
The staff recommends bid award to Stewart & Stevenson Company
for the purchase of the Diamond Z 836 Compost Grinder with a
JD 244 Loader at a price of $187,500.00.
e
SUMMARY:
F
1 On January 6, 1994, the City opened bids for the compost
i Grinder (Bid #1571). Six vendors submitted bids containing
prices and delivery schedules on thirteen different machines.
Of the thirteen machines bid, seven were new, unused machines
and six are used or demonstration units.
Relative to the new machines bid, the Maxigrind 350 unit bid
by Atherton Machinery Company at $184,535.00 represented the
low bid. This unit did not include any method of loading and,
therefore, does not meet specifications. The second low bid
was offered by Conley, Lott, Nichols for the Fuel Harvester
PlOHD-40OG Grinder at $186,106.00. This unit meets specifi-
cations but requires 75 days for delivery. The third low bid
was offered by Stewart & Stevenson Company for the
Diamond Z 836 Grinder with a John Deere 244 Loader. This unit
j also meets specifications and offers a five day delivery. As
#j indicated in the attached Bid Tabulation Sheet, all of the
remaining new units bid were offered at substantially higher
prices.
Of the used or demonstration units bid, the Maxigrind 350
offered by Atherton Machinery does not meet specifications due
to the absence of a loading method. The Willibald MZA 2500
demonstration unit offered by Claymar at $209,158 offers no
substantial cost savings over the new units. Likewise, the
used units offered by Stewart & Stevenson (Diamond Z 836 at
$176,350 and the Jenz AZ-35 at $190,200) offered no substan-
tial savings to the City over the low bid new machines. The
Willibald MZA 1500 demonstration unit offered by Fecon, Inc.
at $129,000 does not include a loading method and contains no
metal removal system and, therefore, does not meet specifica-
tions. The Fuel Harvaster WHOP-12.56 used unit offered by
Conley, Lott, Nichols at $129,990.00 has 2,750 hours of
LFi55gecn
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Ja::uarY 11. -?99
PUBLIC UTILITIES BOARD AGENDA ITEM
TO: CHAIRXAN AND MEMBERS OF THE PUBLIC UTILITIES BOARC
FROM: R. E. Nelson, Director of Uti; SSr !@o__..L~.-0 .1 V-
SUBJECT: BID #1571 - COMPOST GRINDER Agendaltem n ~n
[`ate
RECOMMENDATION:
The staff recommends bid award to Stewart & Stevenson Company
for the purchase of the Diamond Z 836 Compost Grinder with a
JD 244 Loader at a price of $187,500.00.
BY:
On January 6, 1994, the City opened bids for the Compost
Grinder (Bid #1571). Six vendors submitted bids containing
prices and delivery schedules on thirteen different machines.
Of the thirteen machines bid, seven were new, unused machines
and six are used or demonstration units.
Relative to the new machines bid, the Maxigrind 350 unit bid
by Atherton Machinery Company at $184,535.00 represented the
low bid. This unit did not include any method of loading and,
therefore, does not meet specifications. The second low bid
,S was offered by Conley, Lott, Nichols for the Fuel Harvester
j P10HD-400G Grinder at $186,106.00. This unit meets specifi-
cations but requires 75 days for delivery. The third low bid
was offered by Stewart & Stevenson Company for the
Diamond Z 836 Grinder with a John Deere 244 Loader. This unit
also meets specifications and offers a five day delivery. As
indicated in the attached Bid Tabulation Sheet, all of the
remaining new units bid were offered at substantially higher
{ prices.
Of the used or demonstration units bid, the Maxigrind 350
offered by Atherton Machinery does not meet specifications due
to the absence of a loading method. The Willibald MZA 2500
demonstration unit offered by Claymar at $209,158 offers no
substantial cost savings over the new units. Likewise, the
used units offered by Stewart & Stevenson (Diamond z 836 at
$1760350 and the Jenz AZ-35 at $190,200) offered no substan-
tial savings to the City over the low bid new machines. The
Willibald MZA 1500 demonstration unit offered by Fecon, Inc.
at $129,000 does not include a loading method and contains no
metal removal system and, therefore, does not meet specifica-
tions. The Fuel Harvester WHOP-12-56 used unit offered by
Conley, Lott, Nichols at $129,990.00 has 2,750 hours of
LI115594C/1
PUBLIC UTILITIES AGENDA ITEM
Page 2
operation and is an older style tub grinder and would probabl
present a maintenance risk if purchased. y
Overall, staff does not feel that purchase of any of the used
machines offered would be prudent based upon pricing and the
risks assumed from. the purchase of the used units.
After discounting the used equipment, the award decision
revolves around the Fuel Harvester P10HD-4000 at $186,106 and
the Diamond Z 836 unit at $187,500. Both units have been
field tested by City personnel and both units meet productiv-
ity and specification requirements. Similarly, the owners and
operators of each unit speak very highly of their machines.
A comparison of equipment specification sheets provided by
each vendor indicates that the Diamond Z unit would provide a
lower maintenance cost and is a more heavy duty type machine.
One major concern with the Fuel Harvester machine involves the
75 day delivery schedule offered in the bid compared to the
g five day delivery schedule offered on the Diamond Z Machine.
Assuming Council action on the bid on January 18, 1994, the
Fuel Harvester machine would not be available until the end of
April or the first of May. Given the amount of yard ste
which will be received at the landfill between January 18aand
the end of April, it will be necessary for the city to lease
a machine or contract out the grinding for the interim period.
It is apparent that the cost of leasing a machine or
contracting out the work will greatly exceed the $1,394
differential in the bid prices.
{
~ ~ BACKGROCn~;
The Solid waste Recycling Budget for the 1994 fiscal
included a funding rate of approximate) Year
the lease purchase of a compost grinder to be 0 Bed toereduce
yard waste and other material to chips for use in the
composting program, initial bids were opened on November 30,
19931 however, there were obviously some
interpretation of the "method of loading" problems with vendor
original bid document. The item was rebid toprovide clarity
to those provisions. The proposed unit at $187,500 paid out
over five years at 5.5% interest would cost approximately
$44,000 per year.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED;
City Solid Waste Division, Waste Water Treatment Plant, and
the Citizens of Denton.
SA15591 G/:
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PUBLIC UTILITIES AGENDA ITEM Ague aNo
Page 3 q~aa,l,em1/,~~LA
FISCAL IMPACT: PG) 7~~~d,
$167,500.00
Respectfully submitted,
L
R. E. Nelson
Director of Utilities
Prepared by:
Bill Angelo
Director of Community Services
Approved by•
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R. E. Nelson
Executive Director of Utilities
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JAN-12-194 WED 17:@1 ID: ITY OF DENTON UR TEL NO:617-566-8120 U720 P01
Poll-V brand fax wwwr W memo 7871 i Np.a,..
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PUBLIC U7'ILC Tltb BOARD NIMIt1'PES A~$IIQANO~ -0 0
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The fOllOWIno items was consideredr
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10. CONSIDER APPROVAL OF BIDS ON COMPOST GRINDER
AJ~MOK~ presented this item, After extensive discussion,
CoplGn made a nation to approve Item #10 as presented.
Seconded by Thompson. All ayes, no nayst motion carried.
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IAN 12 '94 17 04 1TY OF DENTON LA PAPE.001
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Agen6ai~am ~
CI'T'Y COUNCIL REPORT FORMAT_ 431A
DATE: January 18, 1994
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, city Manager
ovidin for the renamin of
d providing for an effective
SUBJECT: Greenfield WoodsiP kway; an
date
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REC0MMEN=9-K-i
The Historic Landmark Commission and Planning and Zoning commission
recommends approval.
errMMY/SAC C+K ROUND,
The developers of the proposed "Deerwood Addition" are requesting
that the north/south street nowknown Si as "Gerenfield Woods arkw an is no be changed to Deerwood Parkway"
Greenfield Woods Parkway, citizens will not be effected by this
proposed street name change. The attached drawing illustrates the
location of the street.
'
nn wve pLppgTMENTS OR_GW) S AFFECTED'.
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Engineering & Transportation Department
FISCAL IMPACT
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None
4.10y Harrell
City Manage
Prepared by:
Name/Title
Approved:
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Es\WPDOCS\ORD\DEERWOOD.ORD
~gs~u?F,0_ -F10 SC
ORDINANCE NO.
c
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
RENAMING OF GREENFIELD WOODS PARKWAY TO DEERWOOD PARKWAY; AND
E PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the street now officially designated as
Greenfield Woods Parkway, being a public street connecting from
Grant Parkway to Kings Row, is renamed as Deerwood Parkway, as
illustrated in the attached Exhibit A. which is incorporated and
made a part hereof.
SECTION II. That the Executive Director of Planning and ;
Development is directed to amend the official map of the City of
Denton to reflect the change in the street name as provided herein.
SECTION iIi. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1994. d
BOB CASTLEBERRY
,I
ATTEST:
JENNIFER WALTERS$ CITY SECRETARY
BY: _
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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Agco~aNo -oo ~
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
RENAMING OF GREENFIELD WOODS PARKWAY TO DEERWOOD PARKWAY; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY OP.DAINS:
SECTION I. That the street now officially designated as
Greenfield Woods Parkway, being a public street connecting from
Grant Parkway to Kings Row, is renamed as Deerwood Parkway, as
illustra!~id in the attached Exhibit A, which is incorporated and
made a part hereof.
SECTION iI. That the Executive Director of Planning and
Development is directed to amend the official map of the City of
Denton to reflect the change in the street name as provided herein.
SE TION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
a
BOB CASTLEBERRY
I ATTEST:
t JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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EXHIBIT A
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` STREET To 6E kEMmieo
AS: `E ooD
OE R W PARKWAY"
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Planning & Zoning
Minutes
December 8, 1993 IVVX4,-
Page 22
requested. Ms. Flemming seconded and the motion carried
unanimously (7-0).
C. consider the preliminary plat of Lots 1-30, Block A. and Lot
1, Block B. in Phase One; Lots 1•"310 Block A, in Phase Twoi
plus Lots 1-14, Block A, and Lots 1-22, Block B, in Phase
Three of the Deerwood Subdivision.
STAFF REPORT: Given by Owen Yost. Mr. Yost said the 38.28
acre tract is located east of Loop 288, north of Kings Row,
and generally west of Farris Road. Currently the land is
undeveloped, except for an overhead electric line that runs
through the property. Nearby are several single family homes
and Hodge Elementary School. The tract is to be developed as
98 single-family d9tached lots, plus a 5.25 acre lot for
general retail use. Public improvements include approximately
130600 feet of sidewalk, 4,100 feet of interior paved road,
10790 feet of perimeter paving, 4,890 feet of water line,
5,230 feet of sewer line, fire hydrants and several minor
drainage facilities. About .104 acre of the right-of-way for
a future collector street will be dedicated with the final
plat. The plat conforms to the minimum requirements of the
Subdivision and Land Development Regulationst Chapter 34 of
the Code of Ordinances.
RECOMMENDATTON: Staff recommended approval.
~ PETITIONER: Did not speak.
IN FAVOR: None
~ I
IN OPPOSITION: None
i
Mr. Cooper moved to recommend approval of the preliminary plat
of Lots 1-30, Block A. and Lot 1, Block B, in Phase One; Lots
1-311 Block A, in Phase Two; plus Lots 1-14, Block A, and Lots
1-22, Block B, in Phase Three of the Deerwood Subdivision.
Me. Russell seconded and the motion carried (7-0).
D. Consider the change of a street name from Greenfield Woods
Parkway to Deerwood Parkway.
STAFF REPORT: given by David Salmon. Mr. Salmon reported
that the developers of the proposed "Deerwood Addition" are
requesting that the north/south street known as "Greenfield
Woods Parkway be renamed Deerwood Parkway". Since there is no
development on Greenfield Woods Parkway, citizens will not be
affected by the street name change.
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Planning & Zoning l~
Minutes
December S, 1993
Page 23
Ms. Russell made the motion to recommend the change of a
street name from Greenfield Woods Parkway to Deerwood Parkway.
Dr. Huey seconded and the motion carried unanimously (7-0).
V. Hold a public hearing to consider a rezoning from SF16 to the
Planned Development district and a detailed plan for a 23.520
acre tract of land located on Ryan Road at the extension of
Forrestridge Road, Forrestridge Section II.
STAFF REPORT: given by Debra Goodwin. Ms. Goodwin reported
that the 23.2520 acres is located north of and abutting Ryan
Road on Forrestridge Drive. The land was annexed in
September, 1993. Driveways will nest be allowed on Ryan Road
or Forrestridge.
Mr. Cooper asked about the reason there was no driveway access
off of Forrestridge.
Mr. Salmon said this phase would have no individual driveway
access to Forrestridge which is classified as a collector
street. The earlier phases were done prior to 1988 and access
to go onto a collector street be allowed at that time. The
zoning change will not allow access.
x PETITIONER: Buddy Robert, Dal Tech Engineering. Mr. Roberts
explained that the developer wanted to continue with the same
type of development that is in the area. He explained that
they would also be adopting a landscape plan.
IN FAVOR: None
IN OPPOSITION: None
Mr. Cochran moved to recommend approval of the rezoning from
SF16 to the Planned Development district and a detailed plan
for a 25.520 acre tract of land located on Ryan Road at the
extension of Forrestridge Road, Forrestridge Section Ii. Ms.
Russell seconded and the motion carried (7-0).
VIA. Consider an amended detailed plan of Planned Development
district 142 for a 22.493 acre tract of land located on the
northeast corner of Interstate 35 and Westgate Drive.
STAFF REPORT: given by Debra Goodwin. The proposed use is
for expansion. MS. Goodwin said the proposed amendment will
have no effect on existing infrastructure other than the
required extension of Westgate Drive a distance of 140, the
extension of a 4 foot sidewalk and the installation of a 42
inch pipe for drainage. The amendment will allow the addition
i
7
October 27, 1993
~erdaNo dJ ~
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Historic Landmark Commission Agcrdaliem
Denton, TeAu [Va____~~- -
Dear Commission Members:
1 represent a group developing a residential subdivision to be
named Deerwood In Northeast Denton. A vicinity map and Preliminary Plat
are attached.
The purpose of this letter Is to request a name change of "Greenfield
Woods Parkway" to "Deetwood Parkway", since this street will be the main entrance
Into the subdivision. Other street names on Interior streets within Deerwood will
be names related to doer, such as Deerfield Drive, Staghorn Circle, Deerforest
Drive, Antler Circle, eta
Presently, Greenfield Woods Parkway has no mail deliveries on it, nor are
there soy residents or buildings on the street; therefore, a name change would not
effect any "change of addresses".
' When the street was dedicated to the City, it was named Greenfield
s' Woods Parkway because It was the main entrance to the proposed Greenfield Woods
subdivision which was never developed. There has never been any slgnage on the
street identifying it as Greenfield Woods Parkway, and the only sign on it now Men-
l1 tifies It U Grant Parkway, which 6 Incorrect]
.Jl We would greatly appreciate our
to rename this street so it will relate to our Deerw toodrsuibdivisi cep and end our request
the cconfe-
sIon as to its' Identity.
Yours Sincerelw,
Edmond S Bright
2400 F.M. Rd. 2181
Denton,Tezas 76205
(817) 3212349
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l Minutes of November 8, 1993
Page 2 RAI.
III. Consider a request to rename Greenfield Woods Parkwa to De
Parkway, Y erwood
Mr. Edmond Bright stated that he was re
residential subdivision named representing a group developing a
he was requesting a street name change from 'G Northeast
Woods Parkwway*to
'Deerwood Parkway'. Presently, Greenfield Woods Parkway has no mail
deliveries nor ar6 There any residents or buildings on the street.
'r
Mr. Bright continued that when the street was dedicated to the City, it was
named Greenfield Woods Parkway because h was the main entrance to the
Proposed Greenfield Woods subdivision, which was never developed.
has never been any slgnage on the street Identifying it as Gro d Woods
Parkway and that the only sign on it now Identifies it as Grant Parkway, which
is Incorrect.
Ms. Abbott stated that she recalled that the street was changed
Grant Parkway to Greenfield Woods Parkway due to 911 service. once from
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Mr, Lowry moved to approve the street name change, as requested. It w
seconded by Ms. Cole and unanimously approved (&o). as
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DATE: January 18, 1999 pt~
CUj COUNCIL REPORT
REGULAR SESSION
TO: Mayor and Members of the City Council
FROM: Lloyd S. Harrell, City Manager
SUBJECT: Texas Municipal Retirement System MRS) - Prior Service Buy-Back
RECOMMENDATION:
j
It is the staff's recommendation that the City Council amend the effective
date of the ordinance authorizing TMRS Prior Service Buy-Back provision for
eligible employees from December 21, 1993 to December 27, 1993.
SWRARY:
g The TMRS Buy-Back provision was approved by the City Council on December 7,
1993 and made effective December 21, 1993. However, TMRS had used an
effective date of December 27, 1993 for its actuarial study of the City's
cost. But due to an administrative oversight, TMRS did not inform staff
that the enabling ordinance should be effective December 279 1993 instead of
December 211 1993. Therefore, TMRS has requested that the City Council „
amend the enabling ordinance with an effective date of December 27, 1993,
which is the TMRS' actuarial effective date. This amendment is at no
additional cost to the City.
BACKGROUND:
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In September 1993, TMRS conducted an actuarial study to determine the cost
of Buy-Back provision to the City. The actuarial study was based on
I December 279 1993 effective date. The City's Buy-Back ordinance was adopted
on December 7, 1993 and made effective December 21, 1993. According to
TMRS, the effective date of the ordinance may not be later than the
effective date of the actuarial study that establishes the cost of Buy-Back.
This amendment is simply an administrative change of the effective date of
the City's enabling ordinance from Lecember 210 1993 to December 270 1993.
PROGRAM. DEPARTMENTS OR GROUPS AFFECTM
The Buy-Back provision will be available to eligible employees of the City
who were employed by the City on or before December 27, 1993, Based upon
our survey of City employees, about 34 employees are eligible for this
benefit. The change In date will simply insure that no eligible employee is
excluded duo to the six (6) days gap in time on the document.
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Agenda No~
Ardalte
Date
DATE: January 18, 1994 /01j"
CITY COUNCIL RE PORT
REGULAR SESSION
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Texas Municipal Retirement System (TMRS) - Prior Service Buy-Back
RECQ~QfENDATLQ~;
It is the staff's recommendation that the City Council amend the effective
date of the ordinance authorizing TMRS Prior Service Buy-Back provision for
eligible employees from December 21, 1993 to December 27, 1993.
S111Q4ARY:
The TMRS Buy-Back provision was approved by the City Council on December 70
1993 and made effective December 21, 1993. However, TMRS had used an
effective date of December 27, 1993 for its actuarial study of the City's
coat. But due to an administrative oversight, TMRS did not inform staff
that the enabling ordinance should be effective December 27, 1993 instead of
December 21, 1993. Therefore, TMRS has requested that the City Council
amend the enabling ordinance with an effective date of December 27, 1993,
which is the TMRS' actuarial effective date. This amendment is at no
additional coat to the City.
BACKGROUND:
In September 1993, TMRS conducted an actuarial study to determine the cost
r of Buy-Back provision to the City. The actuarial study was based on
December 27, 1993 effective date. The City's Buy-Back ordinance was adopted
on December 7, 1993 and made effective December 21, 1993. According to
s TMRS, the effective date of the ordinance may not be later than the
effective date of the actuarial study that establishes the cost of Buy-Back.
This amendment is simply an administrative change of the effective date of
! the City's enabling ordinance from December 21, 1993 to December 27, 1993.
PROG1M, DEPARTKENTS OR GROUPS AFFECTED:
The Buy-Back provision will be available to eligible employees of the City
who were employed by the City on or before December 27, 1993. Based upon
our survey of City employees, about 34 employees are eligible for this
brnef.t. The change in date will simply insure that no eligible employee is
excluded due to the six (6) days gap in time on the document.
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Agenda No
AgW811e 6
pme
January 18, 1994
City Council Report - TMRS Prior Service Buy-Back Amendment
Page 2
g~'AL IKPACT:
There will be no additional coat due to this amendment.
4Reopec y submit ted:
rrel
City Manager
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Prepared by:
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Thomas N. Illnck, Dir ctor o an Resources
Approved:
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Betty Mc ean, xec ve Director Serv t Municipal NO ces d Economic Deveiopeent
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ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 93-227 AND SUBSTITUTING
THEREFOR AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO
HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT
SYSTEM, TO DEPOSIT THE SUMS SC WITHDRAWN, PLUS ANNUAL WITHDRAWAL
CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH
EMPLOYEE CREDIT IN SUCY SYSTEM FOR ALL SERVICE TO WHICH SUCH
EMPLOYEE HAD BEEN ENTITLPD AT DATE OF SUCH WITHDRAWAL, WITH LIKE
EFFECT AS IF ALL SUCH SE.4`7ICE HAD BEEN PERFORMED AS AN EMPLOYEE OF
THIS CITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Texas Municipal Retirement System has requested
the City repeal ordinance No. 93-227 and adopt a revised Ordinance
as hereinafter described;
WHEREAS, the City Counall has determined that adoption of this
ordinance is in the best interest of the City; and
WHEREAS, the actuary of the Texas Municipal Retirement System
has determined that all obligations charged against the City's
recount in the municipality accumulation fund, including the
)bligations arising ts a result of this ordinance, can be funded by
that City within its maximum contribution rate and within its
amortization period; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAI1181
SECTION I. That Ordinance No. 93-227 adopted by the city of
Denton, Texas on December 7, 1993 is hereby repealed in its ~
entirety and is repla:ed with this ordinance which shall read as
J~ follows:
Pursuant to Section 63.003 of Subtitle G of Title 110B,
Revised Civil Statutes of Texas, 1925, as amended, the City of
Denton hereby elects to allow any member of Texas Municipal
Retirement System who is an employee of this City on the 27th day
of December, 1993, who has terminated a previous membership in said
System by withdrawal of deposits while absent from service, but who
has at least 24 months of credited service as an employee of this
city since resuming membership to deposit with the System in a lump
sum the amount withdrawn, plus a withdrawal charge cf five per cent
(5%) of such amount for each year from date of such withdrawal to
date of redeposit, and thereupon such member shall be allowed
credit for all service to which the member had been entitled at
date of termination of the earlier membership, with like effect as
if all such service had been rendered as a employee of thin City,
whether so rendered or not. Tho City of agrees to underwrite and
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hereby assumes the obligations arising out of the granting of all
such credits, and agrees that all such obligations and reserves
required to provide such credits shall be charged to this City's
account in the municipality accumulation fund. The five per cent
(54) per annum withdrawal charge paid by the member shall be
deposited to the credit of the City's account in said municipality
accumulation fund; and the deposits of the amount previously
withdrawn by the member shall be credited to his or her individual
account in the employees saving fund of the System.
SECTION 11. This ordinance shall become effective on the 18th
day of January, 1994, which is a date on or after the date set
forth in section 1, above.
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PASSED AND APPROVED this the day of , 1994•
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BOB CASTLEBERRY, MAYOR
~r ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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"Meeting The Challenge" Ap "tfaite
YOUR DENTON,FIRE'DEPARTM~NT
4 ,
217 West McKinney Street. Denton, Texas 76201.Office 817/566-8110• Fax 817/566-8109
MEMORANDUM
TO: Lloyd Harrell, city manager
FROM: Robert Hagemann, Fire Marshal'
DATE: January 12, 1994
SUBJECT: ORDINANCE OF FIRE CODE UPDATE
We have chosen to present the Uniform Fire code, 1991 Edition.
This edition of the code will update the code that we are currently
using, the Uniform Fire code, 1985 Edition. With this update the
Fire Code will be compatible with the Building Code. The 1991 Code
Update will help us to stay current as our city continues to grow.
Attached to this memo is an ordinance amending Chapter 29 of the
Code of ordinances of the City of Denton, Texas, to provide for the
adoption of the Uniform Fire Code, 1991 Edition and Amendments.
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'Meeting The Challenge" oa a aI _
YOUR DENTON FIRE DEPARTM -NT
217 West McKinney Streei• Denton Texas 76201* Office 817/566-8110- Fax 817/566-81(}9
-
MEMORANDUM
TO: Lloyd Harrell, city manager e
FROM, Robert Hagemann, Fire Marshal
DATE: 3anuary 12, 1999
8UB3ECTt ORDINANCE OF FIRE CODE UPDATE f
We have chosen to present the Uniform Fire Code, 1991 Edition.
This edition of the code will update the code that we are currently
using, the Uniform Fire Code, 1985 Edition. With this update the
2.1 Fire Code will be compatible with the Building Code. The 1991 Code t
Update will help us to stay current as our city continues to grow.
i Attached to this memo is an ordinance amending Chapter 29 of the
Code of Ordinances of the City of Denton, Texas, to provide for the
k, adoption of the Uniform Fire code, 1991 Edition and Amendments.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE UNIFORM
FIRE CODE, 1991 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE-
ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN THE AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE;
REPR%LING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Article I of Chapter 29 of the Code of
ordinances is amended to read as follows:
ARTICLE I. GENERAL PROVISIONS
Section 29-i. Uniform Firs cods Adopted.
There is hereby adopted by the City of Denton, Texas for the
purpose of prescribing regulations governing conditions hazardous
to life and property from fire and explosion, that certain Codes
and Standards known as the Uniform Fire Code, including Appendices
I-C, II-B, II-C, II-D, II-F, IV-A, IV-B, V-A, VI-A and VI-B, and
the Uniform Fire Code Standards, published by the International
Fire Code Institute and International Conference of Building
officials, being particularly the 1991 editions thereof and whole
thereof, save and except such portions are hereinafter deleted,
modified or amended by Section 29-2 of this ordinance. A copy of
the Code and Standards are now filed in the office of the City
Secretary and the same are hereby adopted and incorporated as fully
as if set out at length herei:i, and from the date on which this
ordinance shall take effect, the provisions thereof shall be
controlling within the limits of the City of Denton and within
5,000 feet thereof, where specified therein.
Section 10-2. Amendments.
The Uniform Fire Code, as adopted in Section 29-1, is hereby
amended as follows:
A. By the deletion of the following ssotions in their
entirety:
1. Sec. 2.103, Fire Prevention Bureau
2. Sec. 2.104, Fire Prevention Engineer or Fire
Marshal
3. Sec. 77.104, Bond
4. Sec. 78.203 (c), Bond
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Be By the amendment of the Uniform Fire Code as follovas
(1) The amendment of Beotion 2.104, Liability, by
adding a third paragraph which reads as followss
All regulations provided in this Code are hereby declared
to be governmental and for the benefit of the general
public. Any member of the City council, any city
official or employee, or any member of the Building Code
Board charged with the enforcement of this code, acting
for the City in the discharge of his duties, shall not
thereby render himself personally liable, and he is
hereby relieved from all personal liability for any
damage that may occur to persons or property as a result
of any action required or permitted in the discharge of
his duties. Any suit brought against such official or
employee because of such act performed by him in the
enforcement of any provisions of this Code shall be
represented by the City of Denton through its designated
attorney until the final adjudication of the proceedings.
(2) The amendment of the last sentence of Beotion
2.102(b), Inspection and Unsafe Buildings to read
as followss
All such unsafe buildings are hereby declared to b_
j public nuisances and shall be abated by repair,
j rehabilitation, demolition or removal in accordance with
the procedures specified in the minimum Housing and
Building Standards Code, Chapter 28 of the City of
Denton.
(3) The creation of a new Section 2.201 (o) titled
Frequency of inspection to read as followss
The Fire Marshal or his designated representative shall
inspect at least twice annually all buildings or
premises, or portions thereof, used for nonresidential
group occupancies, including hotels, lodging houses and
congregate residerces, as defined by the Uniform Building
Code, and at all other premises as may be necessary,
including such other hazards or appliances as the chief
may designate, for the purpose of ascertaining and
causing to be corrected any condition which would
reasonably tend to cause a fire or contribute to its
spread, or any violation of the scope of this Code, and
any other law or standard affecting fire safety.
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(4) The amendment of Section 2.303, Board of Appeals,
to read as followsi
In order to determine the suitability of alternate
materials and types of construction and to provide for
reasonable interpretations of the provisions of this
Code, the Building Code Board as created and organized
under Chapter 28 of the Code of ordinances shall pass
upon all pertinent matters. Whenever the Fire Marshal
disapproves an application or refuses a permit applied
for, or whenever it is claimed that the provisions of
this Code do not apply or that the true intent or meaning
of the Code have been wrongly misconstrued or wrongly
interpreted, the applicant may appeal from the decision
of the Fire Marshal to said Board within thirty (30) days
from the date of the decision appealed.
In addition to such Board, the Fire Marshal may request
the additional members be appointed for specific rulings
or interpretations. Such members shall be voting, ex-
officio members and appointed by the Chairman of the
Building Code Board to assist in the determination and/or
ruling of a specific issue or case. Such appointments
shall be temporary until the ruling is rendered. No more
than two (2) members shall be appointed, each having
experience in the matter of question. The Board shall
adopt reasonable rules and regulations for conducting its
investigation and shall render all decisions and finding
in writing to the Fire Marshal with duplicate copy to the
appellant and may recommend to the City Council such new
1{ legislation as is consistent therewith.
.~J (S) The amendment of section 3.101, Unlawful
Continuance of Fire Hazard, to read as follow t
Any person operating or maintaining any occupancy,
promises or vehicle subject to this Code who shall permit
any fire hazard to exist on the premises under his
control or who shall fail to take immediate action to
abate a fire hazard when ordered or notified to do so by
the chief or his duly authorized representative shall be
I guilty of a separate offense for each and every day or
portion thereof which any violation of any of the
provisions of this Code is committed or continued. A
person convicted of a violation of any provision of this
Code shall be guilty of an offense punishable by a fine
not to exceed two thousand dollars ($2,000).
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F~.~ ~.m_ Bs # 6 G (6) The amendment of Section 4.106, Permit Required, to
read as follow33
A permit shall be obtained from the bureau of fire
prevention prior to engaging in the following activities,
operations, practices or functions:
a.1. Automatic Fire Alarm Systems, Automatic Fire
Extinguishing Systems and Standpipe Systems.
To install, construct, modify or alter any
automatic fire alarm system, automatic fire
extinguishing system or standpe system; provided
however that the permit required herein shall not
apply to the installation of single-station smoke
detectors in R-1 and R-3 occupancies.
b.1. Bowling pin or alley refinishing. To conduct
a bowling pin refinishing or bowling alley
resurfacing operation involving the use and
application of flammable liquids or materials. See
Article 26.
Oslo Candles and open flames in assembly areas.
To use open flames or candles in connection with
assembly areas, dining areas of restaurants or
drinking establishments. For definition of
ASSEMBLY, see Article 9. See Article 25 for open
flames and candles.
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O.Z. carnivals and fairs. To conduct a carnival {
or fair. See Article 25. The chief is authorized
to require plans of the grounds to be submitted.
f.l. Fire hydrants and rater-control valves. To
use a fire hydrant to operate a water-control valve
intended for fire-suppression purposes, see Article
10.
f.2. Fireworks. For permits for fireworks, see
Article 78.
f.30 Flammable or combustible liquids. See
Article 79.
A. To use or operate, repair or modify a pipeline for
the transportation of flammable or combustible
liquids.
B. To store, use or handle Class I liquids in excess
of 5 gallons or in a building or in excess of 30
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gallons outside of building, except that a permit
is not required for the following:
(i) The storage or use of Class I liquids in the
fuel tank of motor vehicles, aircraft, motor boats,
mobile power plants or mobile heating equipment,
unless such storage, in the opinion of the chief,
would cause an unsafe condition.
(ii) The storage or use of paints, oils, varnishes
or similar flammable mixtures when such liquids are
stored for maintenance, painting or similar
purposes for a period of not more than 90 days.
C. To store, handle or use Class II or Class III-A
liquids in excess of 25 gallons in a building or in
excess of 60 gallons outside of a building, except
for fuel oil used in connection with oil-burning
e equipment.
d
D. To remove Class I or II liquids for an underground
storage tank used for fueling motor vehicles by any
means other than approved, stationary on-site pumps
normally used for dispensing purposes.
E. To .install, construct, alter or operate tank
f i vehicles, equipment, tanks, plants, terminals,
wells, fuel-dispensing stations, refineries,
distilleries and similar facilities where flammable
and combustible liquids are produced, processed,
transported, stored, dispensed or used.
F. To install, alter, remove, abandon, place
j temporarily out of service or otherwise dispose of
flammable or combustible liquids.
lI G. To change the type of contents stored in a
flammable or combustible liquid tank to a material
other than that for which the tank was designed and
EE constructed.
h.l. High-piled combustible stook. To use any
building or portion thereof exceeding 20500 square
feet for high-piled combustible storage. A floor
plan showing the dimensions and location of
I stockpiles and aisles shall be submitted with the
Ii applications for such permits. See Article 81.
I Ll. Liquid- or gas-fueled vehicles or equipment
in assembly buildings. To display, compete or
demonstrate liquid- or gas-fueled vehicles in
assembly buildings. See Article 25.
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a.1. Mall, Covered. See Article 35. To use a
covered mall in the following manner:
A. Placing or constructing temporary kiosks, display
booths, concession equipment or the like in the
mall,
B. To use a mail as a place of assembly.
C. To use open-flame or flame-producing appliances.
D. To display any liquid- or gas-fueled equipment.
o.l. Occupant Load Increase. To allow an increase
in occupant load over the posted limits for special
situations or event. See Article 12.
0.2. Open burning. To conduct open burning. when
burning is conducted on public property or the
property of someone other than the permit
applicant, the applicant shall demonstrate that ,
permission has been obtained from
~ the Texas
Control B Air
card, the owner, or the owner's authorized
agent. when limits for r atmospheric
conditions or
hours restricting
burning, such limits shall be
designated in the
permit restricts
11. ons. See Article
f
` p•1, Pyrotechnical special effects aateriale
permits for pyrotechnical special effects material,
I see Article 78. '
s.1. spraying or dipping. To conduct a spraying
or dipping operation utilizing flammable or
combustible liquids and regulated by Article 45.
t
tel. Tents, canopies and temporary membrane
structures. To erect or operate a tent or air
supported membrane structure having
an area in
excess of 200 square feet, or a canopy in excess of
400 square feet, except for structures used
' exclusively for camping. See Articles 12 and 32.
(7) The creation of a now section 4.109 titled
Fire Inspection and Permit Pees, which shall read
as follows)
(a)• inspection fosse The occupant, lessee or
person making use of any building or premises, or
portion thereof, is required to be inspected in
accordance with Section 2.201 (c) of this Code, as
amended. Each semi-annual inspection performed
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Pit pursuant to Section 2.201 (c) of this Code, as
amended, shall be performed free of charge. If the
Fire Marshal or his designee observes a violation
of this chapter and performs a follow-up inspection
to determine whether a violation or violations
observed during the previous inspection have been
corrected, a fee shall be charged, and the occupant
or lessee shall pay said fee within 30 days of
being billed therefore as condition to continue
lawful occupancy of the building or dwelling to be
inspected. Said fee shall be based upon the amount
of interior area of the building leased, o;cupied
or used by the person. The fee shall be in an
amount established, and from time to time amended,
by ordinance of the City Council, a copy of which
shall be kept on file with the City Secretary.
Follow-up inspection fees for common areas of such
buildings or premises shall be charged to and paid
by the owner in accordance with the area inspected.
(b) Permit and Permit Fees. Any permit required
by Article 4 of the Code, as amended herein, or any
permit required by subsection (c) thereof, shall be
issued only upon payment of a permit fee in an
amount established, and as from time to time
amended, by ordinance of the City Council, a copy
of which shall be kept on file with the city
Secretary.
(c) addition to the tion Appliances and systems. In
permits required by Article 4 of
the Code, as amended herein, any person, company or
business performing the following services shall be
required to obtain an annual permit:
1. Operation of a fire extinguisher sales and
service company or business.
j 2. Operation of a fire alarm sales and service
company or business.
3. Operation of a fire extinguishing system company
or business.
Such permits shall be issued upon proof that the
applicant complies with all applicable requirements
of state law, as amended from time to time.
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(a) That the definitions of Fire Prevention
Bureau, Building Code, chief, and jurisdiction in
Section 9.104 are amended to read as folloves
BUREAU OF FIRE PREVENTION is the office of the City
Fire Marshal.
BUILDING CODE is the 1991 edition of the Uniform
Building Code.
CHIEF is the City Fire Marshal.
JURISDICTION is the City of Denton, Texas.
(9) The amendment of section 9.104 to add a new
definition titled Fire Lane to read as follows:
E
FIRE LANE is a Fire Apparatus Access Roadway, on
private property or within the public right-of-way,
which provides unobstructed passage for fire
apparatus responding to or engaged in emergency
fire, rescue or medical operations.
(10) The amendment of Section 10.202, Plans, to
read ■s follovss
When fire lanes are required in accordance with the
provisions of this Division, the owner shall submit
r; a fire lane site plan to the Fire Marshal at the
time of making application for the building permit.
A copy of each approved fire lane site plan shall
be kept on file with the Fire Department.
' Construction of the building shall not commence
until the fire lane is reviewed and approved by the
Fire Department.
(11) The amendment of section 10.203, ,2.-Tvired
Access, to read as followss
Fire apparatus access roads and fire lanes shall be
provided and maintained in accordance with the
provisions of article V of chapter 11 of the Code
of ordinances.
(12) The amendment of Section 10.204 (b), Surface,
to read as follows!
Fire apparatus access roads shall be designed and
maintained in accordance with the provisions of
article V of chapter 11 of the Code of ordinances.
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(13) The amendment of Section 10.204 (o), Turning
Radius, to read as follows,
(c) Turning radius. The minimum required turning
radius for fire apparatus access roads is 57 feet.
The internal turning radius shall be a minimum of
35 feet.
(14) The deletion of Section 10.205, obstruction.
(15) The amendment of Section 10.206, Marking, to
read as follows:
The Fire Marshal is hereby authorized and empowered
to establish and designate fire lanes in accordance
with the provisions of section 3802 of the Uniform
Building Code, as set forth in article I of chapter
28 of the Code of Ordinances.
(16) The creation of a new section titled Required
i Fire Floe, Section 10.401, which shall read as
follows:
(a) Required Fire Flow. 1. When Required. Every
development shall provide adequate water capacity
for fire protection purposes. Unless buildings in
the development are provided with fire protection
by means of an approved automatic sprinkler system
in accordance with Division V of this Article, each
development shall provide the minimum fire flow
calculated at a minimum residual pressure of 20
PSI. The required demand shall be in accordance
with Table No. 10.404-A.
TABLE NO. 10.404-A
REQUIRED FIRE FLOW DEMAND FOR DEVELOPMENTS
Land Use Flow
(8PM)
1 High-intensity commercial and 3,000
industrial
medium-intensity commercial 1,500
Medium-intensity residential 750
Low-intensity residential 500
2. Duration. The minimum duration for required fire
s flow shall not be less than 2 hours.
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(b) Automatic Sprinkler Protection. If sufficient water
supplies exist to satisfy the sprinkler demand as
calculated by the Insurance service office Fire Flow
Formula, as amended, the minimum water capacity required
by Section 10.404 (a) 1 may be reduced by fifty percent,
except that in no case shall the minimum capacity be
reduced to less than 500 gallons per minute (GPM).
(17) The amendment of Section 10.507, Required
Installations of Automatic Fire Extinguishing systems, to
read as follows:
An automatic fire-extinguishing system shall be installed
and maintained in each occupancy is required by the
provisions of section 3802 of the Uniform Building Code,
contained in division I of article II of Chapter 28 of
the Code of ordinances.
(18) The amendment of section 10.508, Sprinkler System
Supervision Alarm, to read as follows
All valves controlling the water supply for automatic
sprinkler systems and water-flow switches on all
sprinkler systems shall be installed and maintained in
accordance with the provisions of section 3802 of the
Uniform Building Code, contained in division I of article
II of chapter 28 of the Code of Ordinances.
j (19) The amendment of section 10.509, Permissible
Sprinkler omissions, to read as follows:
;I
Subject to the approval of the Fire Marshal, sprinklers
may be omitted in rooms or areas where the application of
water to the contents may constitute a serious threat to
life or fire hazard.
(20) The amendment of section 10.510, Standpipes, to
read as follows
Standpipes shall comply with the requirements of section
3802 of the Uniform Building Code, as amended.
I
(21) The amendment of Section 10.511, Basement Pipes, to
read as follows:
Permitted Contruction alternatives shall be allowed in
accordance with the provisions of section 3802 of the
Uniform Building Code, as contained in division 1 of
article II of chapter 28 of the Code of ordinances.
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(22) The amendment of Section 77.107 (a), Prohibited and
Limited Acts, to read as follovat
Explosive materials shall not be manufactured without
authorization by the chief.
Explosive materials shall not be stored within the limits
of the City of Denton and within its extraterritorial
jurisdiction.
The chief is authorized to limit the quantity of
explosive materials permitted at any location.
(23) The amendment of Section 78.202, Prohibition, to
read as followst
(a) Except as provided otherwise herein, no person
shall possess, store, offer for sale, expose for
sale, sell at retail manufacture or use or explode
any fireworks within the city limits or within five
j thousand feet thereof.
(b) A person may make use of fireworks for the purpose
of a public fireworks display upon the issuance of,
and in accordance with, a permit issued for such
P display pursuant to the provisions of article 5.43
of the Texas Insurance code, as amended.
f ~
(24) The amendment of Section 79.501, General, to read
as iollowss
J1 Storage of Class I and II liquids in aboveground tanks
outside of buildings is prohibited outside of the limits
of land use districts designated as Agricultural, Light
industrial District, Heavy Industrial District or Planned
Development District, as identified in the City of Denton
Zoning ordinance Appendix S.
(25) The Capacity within Bstabli hed e Limits, 8to read (b) Maxima
(b) Ka:imum Capacity within Established Limits. Within
the limits of land use districts designated as
Agricultural, Light Industrial District, Heavy Industrial
District or Planned Development District, a ified
in the City of Denton zoning ordinance Appendix B the
t aggregate quantity of LP-Gas shall not exceed 1500000
gallons of LP-Gas (180,000 gallons of water capacity).
The aggregate storage capacity of LP-Gas outside of these
limits shall not exceed 2,000 gallons water capacity.
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SECTION II. Any person who violates a provision of this
Ordinance shall be guilty of a misdemeanor punishable by a fine not
exceeding Two Thousand Dollars ($2,000). Each such person shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such violations
such person shall be punished within the limits above.
SECTION III. That the fees provided for in Section 4.109 of
the Code adopted by this ordinance, originally adopted with the
enactment of ordinance No. 87-196, shall continue to be as follows:
1. Building Fire Safety Follow-Up Inspection fees provided
for in Section 4.109:
j Interior Square Footage Fee
I 1 to 3,000 $ 15.00
over 3,000 to 6,000 $ 25.00
I over 6,000 to 12,000 $ 35.00
over 12,000 to 18,000 $ 45.00
over 18,000 to 24,000 $ 60.00
over 24,000 to 1000000 $100.00
over 100,000 $200.00
If a second follow-up inspection fee is required because
the violation has not been corrected, the following fees
shall be charged:
1 to 3,000 $ 30.00
over 31000 to 6,000 $ 50.00
over 61000 to 12,000 $ 70.00
over 12,000 to 18,000 $ 90.00
over 18,000 to 24,000 $120.00
over 24,000 to 100,000 $200.00
over 100,000 $400.00
2. The fee for any permit required under Article 4 of the
Fire Code, as amended, shall be $50.00 per permit, and
$25.000 for each annual renewal, except as follows:
as There shall be paid a fee of $100 for the following
permits:
1. Any alteration to an existing tank
(combustible or flammable)
2. Outdoor burning, per day
3. Combustible or flammable liquid tank storage
installation
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4. Combustible or flammable liquid piping
installation
5. Removal of combustible or flammable liquid
tank
b. There shall be paid a fee of $50 for the following:
1. Permit to install an automatic extinguishing
(hood) system.
2. Acceptance inspection of automatic fire
sprinkler (overhead) system.
3. Acceptance inspection of automatic fire
sprinkler (fire line).
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4. Inspection of private fire lines and hydrants.
3. There shall be paid a fee of $25 for each annual
inspection of automatic extinguishing systems (hood
systems). This fee shall be payable by the owner or
occupant.
1 4. The permit fee for a temporary sales or display booth in
the Golden Triangle Mall shall be $25.
5. There shall be paid a fee of $35 for each annual permit
r{ as provided for in Section 10-4(c).
j I! SECTION IV, If any section, subsection, paragraph, sentence,
phrase or word in this ordinance, or application thereof to any
person or circumstance is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and City Council of the City
of Denton, Texas hereby declares it would have enacted such
remaining portions despite any such invalidity.
j SECTION V. That the repeal of any ordinance or any portion
i thereof by the preceding sections shall not affect or impair any
act done or right vested or accrued or any proceeding, suit or
prosecution had or commenced in any cause before such repeal shall
take effect; but every such act done, or right vested or accrued,
or proceedings, suit or prosecution had or commenced shall remain
in full force and effect to all intents or purposes as if such
ordinance or part thereof so repealed shall remain in force.
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SECTION VI, That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1994.
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BOB CASTLEBERRY, Mayor
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
f DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY.,
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January He"-1~
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CITY COUNCIL AGENDA ITEM
T0: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd J. Harrell, City Manager
SUBJECT: CONSIDER APPROVAL OF ORDINANCE OF THE SUPPLEMENTAL
AGREEMENT TO A CONTRACT BETWEEN UNITED STATES OF AMERICA
AND CITY OF DENTON, TEXAS FOR RECREATION DEVELOPMENT AT
RAY ROBERTS AND LEWISVILLE LAKES, TEXAS
RECOMMENDATION:
The Public Utilities Board and Utility staff recommends
approval of the supplemental agreement to the existing
recreation contract between the federal government and the
j City of Denton for the development of the Greenbelt Corridor
between Ray Roberts Lake and Lewisville Lake.
BACKGROUND/SUMMARYt
The supplemental agreement for the development of the
i Greenbelt Corridor has been approved for execution by the
t Assistant Secretary of the Army for Civil Works.
This supplemental agreement provides for the development of
} the Greenbelt Corridor in lieu of authorized recreational
development at Lewisville Lake. Cost sharing arrangements are
established as followsp the Federal share 37.5%, the City of
Dallas share 46.251 and the City of Denton share at 16.25%,
with the federal government providing up-front funding for the
project. Repayment to the federal government is over a 50
year period at 7.211 interest. Repayment is to begin after
the Greenbelt is available for useful operation which is
anticipated to be in 1996.
PROGRAM/DEPARTMENT OR GROUPS AFFECTEDt
Citizens of Denton, City of Denton Public Utilities, Army
Corps of Engineers
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FiaCAL IMPACTI
The Greenbelt Corridor Project costs have been estimated at
;1,687,000. Repayment over a 50 year period at 7.210 percent
results in an annual payment of $117,055 for the Greenbelt
project.
Reap fully su t ,
1
to d Harrell
j City Manager
Prepared by:
F Howard Martin, irector
Environmental Operations
Ap d byi
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R.B. Nelson, xecutive Director
Department of Utilities
Exhibit Ii Supplemental Agreement For Greenbelt Corridor
III Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE A SUPPLEMENTAL AGREEMENT TO A CONTRACT BETWEEN THE CITY OF
DENTON AND THE UNITED CTATES OF AMERICA FOR RECREATIONAL
DEVELOPMENT AT RAY ROBERTS (FORMERLY AUBREY) AND LEWISVILLE LAKES;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute a
supplemental agreement between the City of Denton and the United
r State of America for recreational development at Ray Roberts
(formerly Aubrey) and Lewisville Lakes, under the terms and
conditions contained in the supplemental agreement, which is
attached hereto and made a part hereof.
r7
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION ZII. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1994,
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
>4`' DEBRA A. DRAYOVITCH, CITY ATTORNEY
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTF.ORIZING THE MAYOR TO
EXECUTE A SUPPLEMENTAL AGREEMENT TO A CONTRACT BETWEEN THE CITY OF
DENTON AND THE UNITED STATES OF AMERICA FOR RECREATIONAL
DEVE MPME14T AT RAY ROBERTS (FORMERLY AUBREY) AND LEWISVILLE LAKES;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION T. That the Mayor is hereby authorized to execute a
supplemental agreement between the City of Denton and the United
State of America for recreational development at Ray Roberts
(formerly Aubrey) and Lewisville Lakes, under the terms and
conditions contained in the supplemental agreement, which is
attached hereto and made a part hereof.
SECTION II. That the City council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
' agreement.
} SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
r
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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Contract No DACW63-80-C-0107
Modification No. P00001
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SUPPLEMENTAL AGREEMENT
TO A c c:
CONTRACT 3ETWEEN
THE UNITED STATES OF AMERICA X77'11.-- 1-L r
AND
THE CITY OF DENTON, TEXAS (f
FOR
RECREATION DEVELOPMENT
AT
RAY ROBERTS (FORMERLY AUBREY) AND LEWISVILLE LAKES, TEXAS
DATE:
THIS SUPPLEMENTAL AGREEMENT, entered into the above date by and
between the United States of America (hereinafter called the
Government), represented by the Contracting Officer executing
this Agreement, and the city of Denton, Denton County, Texas,
(hereinafter called the City),
WITNESSETH THAT:
WHEREAS, the Government and the City desire to modify the
original contract DACW63-80-C-0107, in accordance with the
y authorization of Section 101 of the Water Resources Development
t Act of 1990 (Public Law 101-640), to include acquisition and
development of a Greenbelt Corridor between Ray Roberts Lake and
Lewisville Lake in lieu of authorized recreational development at
i, Lewisville Lake.
NOW THEREFORE, the original contract dated August 15, 1980, is
hereby modified in the following particulars and in no others:
1. Page 1, first WHEREAS clause, first line, between "of
and "Aubrey", insert "Ray Roberts Lake, formerly called."
2. Page 10 between the third and fourth WHEREAS clause,
insert the following WHEREAS clause:
WHEREAS, the authorization for the Project was
modified by Section 101 of the Water Resources
Development Act of 1990 (Public Law 101-640), to
include acquisition and development of a Greenbelt
Corridor between Ray Roberts Lake and Lewisville Lake
in lieu of authorized recreational development at
Lewisville Lake; and
1
EXHIBIT I
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3. Page 1, fourth WHEREAS clause, first line, delete the
words "Lewisville Lake", and substitute the words "the Greenbelt
Corridor."
4. Page 1, fourth WHEREAS clause, third line, delete the
word "Aubrey", and substitute the words "Ray Roberts."
5. Page 1, fourth WHEREAS clause, fourth line, delete
the words "Lewisville Lake", and substitute the words "the
Greenbelt Corridor."
6. Page 2, ARTICLE 1. Add the following definitions:
e. Ray Roberts Lake recreation facilities. Lands
and facilities designated for recreational use at Ray Roberts
Lake, exclusive of the Greenbelt Corridor, and relocation of
recreation facilities at Lewisville Lake required to accomodate
the pool raise.
f. Greenbelt Corr do Lands and facilities
designated for recreational purposes between Ray Roberts Lr.ke and
Lewisville Lake. Greenbelt Corridor lands are shown in Figure 1,
attached hereto and made a part hereof.
7. Page 2, ARTICLE 2a,' fifth line, following "DESIGN
MEMORANDUM NO. 2," insert "as modified by the POST AUTHORIZATION
CHANGE NOTIFICATION REPORT, and Supplements No. 1 and 2 to said
report".
r a. Page 2 ARTICLE 2b, end of last sentence, add "and
Sequence No. 2 of the above referenced POST AUTHORIZATION CHANGE
NOTIFICATION REPORT."
9. Page 2, ARTICLE 2c, first line, delete the word
"City", and substitute the word "Government"; and delete the word
"Government", and substitute the word "City".
' 10. Page 2, ARTICLE 2c, third line, between the word
"will" and the word "depict insert the words "include the
Greenbelt Corridor, and will."
11. Page 3, ARTICLE 2e, end of third line, change to read
t 6,964 acres".
i" 12. Page 3, ARTICLE 2e, fourth line, following the word
"areas", insert the words "inclusive of the Greenbelt Corridor."
13. Page 3, ARTICLE 3, first paragraph, first line, at
the beginning of the first sentence insert the words "Exclusive
♦a? of the Greenbelt Corridor".
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14. Page 30 ARTICLE 3, first paragraph, fifth line,
Au%L between the first and second sentence (City. In...), insert the
following sentence, "The City also shall pay sixteen and
twenty-five one hundredths percent (16.25%) of the costs for the
acquisition and development of the lands and facilities outlined
in the mutually acceptable Plan of Development of the Greenbelt
Corridor; the Government will pay thirty-seven and one-half
percent (37.5%) of these costs; the city of Dallas, Texas, shall
pay forty-six and twenty-five one hudredths percent (46.25%) of
these costs. The cost sharing percentages
Government/ Local Sponsors may be revised by future Federal
legislation. At such time, this supplemental agreement shall be
revised to reflect the new percentages."
15. Page 3, ARTICLE 3a., is retitled "Ray Roberts
Recreation Facilities Initial Development."
16. Page 3, ARTICLE 3a., third line, estimated cost of
initial development is revised to $6,9390000.
17. Page 3, ARTICLE 3a. (1), end of paragraph, "the
Project" is changed to read "Ray Roberts Lake."
18. Page 3, ARTICLE 3a. (2), third line, following the
word "after", change to read: all the Ray Roberts Lake
recreation facilities...
19. Page 40 ARTICLE 3a. (4), first line, the word
"Project" is changed to read "Ray Roberts Lake recreation
facilities."
ti 20. Page 4, ARTICLE 3a. (4), beginning of tenth line,
following the ward
before the "facilities", insert 11 the insert the
twelfth line, the word
21. Page 4, ARTICLE 3a. (4),
"Project" is changed to read "Ray Roberts Lake recreation
facilities."
s'
22. Page 41 ARTICLE 3a(5), beginning of third line,
"facilities", insert "theswords h"at Ray"Roberts oLake". the word
23. Page 4, ARTICLE 3b. is retitled "Ray Roberts Lake
Recreation Facilities Future Development".
24. Page 4, ARTICLE 3b(1) second line, between the word
"development" and the word "to", insert the words "at Ray Roberts
Lake."
.F 25, Page 4, ARTICLE 3b(1), last line, the estimated cost
4 of future development is revised to $3,926,000. ,0 0
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14. Page 3, ARTICLE 3, first paragraph, fifthinlinet
sert the
between the first and second sentence (City. In...),
following sentence, "The City also shall pay sixteen and
twenty-five one hundredths percent (16.25%) of the costs for the
acquisition and development of the lands and facilities outlined
in the mutually acceptable Plan of Development of the Greenbelt
Corridor; the Government will pay thirty-seven
(37.5%) of these costs; the city of Dallas, Texas, shall
pay forty-six and twenty-five one hundredths percent (46.25%) of
these costs. The cost sharing percentages of the
Government/Local Sponsors may be revised by future Federal
legislation. At such time, this supplemental agreement shall be
revised to reflect the new percentages."
15. Page 3, ARTICLE 3a., is retitled "Ray Roberts
Recreation Facilities Initial Development."
16. Page 3, ARTICLE 3a., third line, estimated cost of
initial development is revised to $6,939,000.
17. Page 3, ARTICLE 3a. (1), end of paragraph, "the
Project" is changed to read "Ray Roberts Lake."
18. Page 3, ARTICLE 3a. (2), third line, following the
word "after", change to read: all the Ray Roberts Lake
recreation facilities..."
19. Page 4, ARTICLE 3a. (4), first line, the word
1 "Project" is changed to read "Ray Roberts Lake recreation
facilities."
20. Page 4, ARTICLE 3a. (4), beginning of tenth line,
before the word "the" insert the word "all"; following the word
"facilities", insert the words "at Ray Roberts Lake."
=a 21. Page 4, ARTICLE 3a. (4), twelfth line, the word
r "Project" is changed to read "Ray Roberts Lake recreation
facilities."
22. Page 4, ARTICLE 3a(5), beginning of third line, word bfacil
e the
efor
ities"~rinsert"theswordsh"at Ray„RobertsoLakaing the word
23. Page 4, ARTICLE 3b. is retitled "Ray Roberts Lake
Recreation Facilities Future Development".
24. Page 4, ARTICLE 3b(1), second line, between the word
"development" an` the word "to", insert the words "at Ray Roberts
Lake."
25. Page 4, ARTICLE 3b(1), last line, the estimated cost
of future development is revised to $3,926,000.
3 Arc-,,, 'em
.
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26. Page 5, ARTICLE 3b(3), second line, between the word
"development" and the word "as", insert the words "at Ray Roberts
Lake."
27. Page 5, add ARTICLE 3c, as follows:
c. Greenbelt Corridor Development. Sixteen and
twenty-five one hundredths percent (16.25%), the City's share, of
the estimated separable costs of Greenbelt Corridor Development
participated in by the City is estimated to be $1,687,000. This
amount shall be paid to the Government by the City as follows:
(1) There shall be deducted from the City's share an
amount equal to the sum of the fair market value of any lands or
facilities provided by the City (such value being determined as
of the date such lands or facilities were provided and not
including enhancement due to the Project) and any cash
expenditures made by the City toward the separable cost of the
Greenbelt Corridor.
(2) The amount of the City's share remaining after
such deduction shall be paid to the Government with interest on
the unpaid balance within fifty (50) years after the Greenbelt
Corridor is first available for useful operation. Such repayment
shall be made annually in such equal amounts as to complete
repayment within such fifty (50) year period.
(3) Interest during construction and interest on the
unpaid balance shall be at the rate to be determined by the
Secretary of the Treasury of the United States as of the
beginning of the Government fiscal year in which Project
6 construction is initiated as prescribed by Section 301(b) of the
Water Supply Act of 1958 (Public Law 85-5000 43 U.S.C. 390b(b)).
§ Such interest rate shall not change during the repayment period.
E The interest rate in effect at the time of negotiation of this
contract (Government fiscal year 1980) is 7.210 percent.
(4) The schedule of repayment for the Greenbelt
Corridor, based on the current estimate of separable cost of
recreation development, the interest rate in effect on the date
of execution of this contract (7.210)0 and 50 year repayment, is
shown in Exhibit C of this contract. This repayment schedule
will be recomputed by the parties upon completion of construction
on the basis of the actual separable cost incurred for the
Greenbelt Corridor development, the interest rate in effect for
the Government fiscal year in which Project construction is
initiated, and the amount of the City's share remaining unpaid at
the time the Contracting officer notifies the City in writing
that all the lands and facilities are available for useful
F operation. Interest during construction shall be paid over a
period of 50 years as part of the separable cost of the Greenbelt
Corridor, but subsequently accruing interest shall be paid with
4 SgEnC'fVO.o
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the installment due at the end of the period in which such
interest has accrued.
within thirty The initial payment shall be due and payable
writing by
ing 3 Officer that after the the
the Contracting
laCity is nds and notified facilities are
for useful operation. Subsequent payments shall be due
and payable to the Treasurer of the United States within thirty
(30) days of the yearly anniversary date of such notice. If the
City shall fail to make any of the aforesaid payments when due,
then the overdue payments shall bear interest compounded annually
at the rate provided above until paid. The amount charged on
payments overdue for a period of less than one year, shall be
figured on a monthly basis. For example, if the payment is made
within the first month after being overdue (31 to 60 days after
the anniversary date), one month's interest shall be charged.
This provision shall not be construed as giving the City a choice
of either making payments when due or paying interest, nor shall
it be construed as waiving any rights of the Government, at law
or in equity, which might result from any default by the City.
(6) The City may, without penalty, prepay at any
time or times any part or all of the principal and interest due
and'payable under this contract. Interest with respect to any
prepaid principal shall accrue only through the date of
repayment.
28. Page 5, ARTICLE 3c through 3f is renumbered 3d
through 3g.
X
29. Page 7, ARTICLE 7a, beginning of paragraph, start of
the first sentence, insert "Inclusive of the Greenbelt Corridor".
i
30. Page 7, ARTICLE 7b, second line, after the word
"contract", insert "Inclusive of the Greenbelt Corridor."
31. Page 8, ARTICLE 7c, change "Aubrey Lake" to read "Ray
Roberts"
32. Page 81 ARTICLE 8.b., substitute the following
paragraph. " b. The City shall require its concessionaires to
obtain from an insurance company, licensed in the State of Taxas
and acceptable to the Government, liability or indemnity
insurance in an amount not less than that which is prudent,
reasonable and consistent with sound business practices or a
minimum Combined Single Limit of 51,000,000 whichever is greater,
for any number of persons or claims arising from any one incident
with respect to bodily injuries or death resulting therefrom,
property damage or both suffered or alleged to have been suffered
by any person or persons resulting from operations under any
agreement between the City and its concessionaires.
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the installment due at the end of the period in which such
interest has accrued.
(5) The initial payment shall be due and payable
within thirty (30) days after the City is notified in writing by
the Contracting Officer that the lands and facilitiessare be due
available for useful operation. Subsequent payments
and payable to the Treasurer of the United states within thirty
(30) days of the yearly anniversary date of such notice. If the
City shall fail to make nshalltbearfinterestpcompoundedeannually
then the overdue payments
ed above until paid. The amount charged on
at the rate provided
payments overdue for a period of less than one year shallliSenade
figured on a monthly basis. For example, if the payment
within the first month after being overdue (31 to 60 days after
i the anniversary date), one month's interest shall be charged. cho This provision shall not bconstrued as
payingiinterest, nor shalle
of either making payments
it be construed as s waiving any rights of the Government, City.
or in equity, which might result from any default by y.
(6) The City may, without penalty, prepay at any
time or times any part or all of the principal and interest due
and'payable under this contract. Interest with respect to any
prepaid principal shall accrue only through the date of
i repayment.
28, Page 5, ARTICLE 3c through 3f is renumbered 3d
through 3g.
29, Page 7, ARTICLE 7a, beginning of paragraph, start of
the firsc sentence, insert "Inclusive of the Greenbelt Corridor".
30. Page 7, ARTICLE 7b, second line, after the word
J "contract", insert "Inclusive of the Greenbelt Corridor."
31. Page Sr ARTICLE 7c, change "Aubrey Lake" to read "Ray
Roberts"
32, page 80 ARTICLE 8.b., substitute the following
paragraph, " b. The City shall require its concessionaires to
obtain from an insurance company, licensed in the State of Texas
and acceptable to the Government, liability or indemnity
insurance in an amount not less than that which is prudent,
reasonable and consistent with sound business practices or a
minimum Combined Single Limit claims$arisingYfromhanyrone incident
for any number of persons
with respect pect to bodily injuries or death resulting therefrom,
property dosresultingrfromeoperationseunder anyfered
by any person son or persons
agreement between the City and its concessionaires.
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33. Exhibit A. Replace with amended Exhibit A which
includes Greenbelt Corridor Cost.
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34. Exhibit B. Replace with new Exhibit B, RAY ROBERTS
AND LEWISVILLE LAKES INITIAL RECREATION DEVELOPMENT PAYMENT
SCHEDULE.
s
? 35. Exhibit C. Replace with new Exhibit C, GREENBELT
CORRIDOR PAYMENT SCHEDULE.
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36. Exhibits C through G, are renumbered D throuandH; and
title blocks are revised by deleting the name "Aubrey",
substituting "Ray Roberts,". ~C9~N4, S~
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IN WITNESS WHEREOF, the parties have executed this Supplemental
Agreement as of the day and year first above written,
THE UNITED STATES OF AMERICA CITY OF DENTON, TEXAS
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By By
E DEBRA L. PULLING BOB CASTLESERRY
Contracting officer Mayor
City of Denton, Texas
DATE
DATE
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APPROVED AS TO FORM:
BY
DEBRA A. DRAYOVITCH
City Attorney
City of Denton, Texas
s DATE
CITY OF DALLAS, TEXAS
~ AQBAGRh4.~~0_O S!
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BY A('jG
. JOHN WARE
City manager AD Q n f e~I
City of Dallas, Texas
DATE '
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10 Nov 93 Denton, Tx.
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EXHIBIT A
RAY ROBERTS AND LEWISVILLE L,4RIN0 C
r ESTIMATED SEPARABLE RECREATIONA(RQSxem g ~
i (01 Oct 93 prices)
gay Roberts Lake 07 vffr
Initial Future
Acct No. Feature Development* Development Total
01 Land Purchase $ 5,768,000 $ 0 $ 5,768,000
14 Rea Facilities 23,773,000 25,763,000 49,536,000
30 Eng & Design 41229,000 2,175,000 6,404,000
31 Supr & Admin 330.000 2,262,000 4.592.000
Subtotal Rea $ 36,100,000 S 300200,000 S 66,300,000
Greenbelt Corridor
Initial Fit
t f~ Acct No. Fga ur 9gY~4P ~ Peveloament Total
8,000 $ 0 $ 6,488,000
01 Land Purchase 6,48 S 0 1,733,000
14 Rea Facilities 1,733,000 0 690000
18 Cult Resc Presv 69,000 0 5054000
30 Eng & Design 505,000
31 Supr & Admin 505.000 0 505.000
' 00,000 $ 0 $ 91300,000
Subtotal Rea $ 9j300,000
Total Rea Expenditures $`45,400,000 S 301200,000 $ 75,600,000
NOTE: * costs for Initial Development include inflation through
construction period.
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L - PARTICIPATION IN TOTAL DEVELOPMENT
a~~a(~e•
Pay Roberts Lake 0196%
Initial Future
Percent Development Development Total
City of Dallas 37.00 $ 13,357,000 $ 11,174,000 $ 24,531,000
City of Denton 13.00 4,693,000 31926,000 81619,000
Federal Govt 50.00 18,050,000 15,100.0gQ 33,150,000
Total 100.00 $ 36,100,000 $ 30,200,000 $ 66,300,000
Greenbelt Corridor
Initial Future
Percent Development Development Total
City of Dallas 46.25 $ 4,301,000 $ 0 $ 4,3010000
City of Denton 16.25 10511,000 0 1,511,000
Federal Govt 37.50 3.488.000 0 3.485.000
Total 100.00 $ 91300,000 $ 0 $ 90300,000
II - CONTRIBUTION FOR DEVELOPMENT
RAY ROBERTS LAKE
Initial Future
Type Development Development Total
r
City of Dallas Reimbur $ 130357,009 $ 11,174,000 $ 240531,000
City of Denton Reimbur 406930000 3,926,000 8,619,000
Federal Govt Ultimat 18.050.000 1$11001000 33,150,000
Total 360100,000 30,2000000 66,300,000
(1) Estimated schedule for the city of Denton share of future
development is based on projection of anticipated visitation which
will establish the need for additional recreation development as
shown in the Project Recreation Resources Appendix and the Plan of
Recreation Development and Management made part of this contract by
ARTICLE 2b and ARTICLE 2c, respectively.
1985 Sg95 2005 2015
0 $ 309261000 0
GreenbeltCorridor
Initial Future
Type Development Development Total
City of Dallas Reimbur $ 4,301,000 $ 0 $ 4,301,000
City of Denton Reimbur 1,511,000 0 1,511,000
Federal Govt Ultimat 3,488,000 0 3.488,001
0
Total 9,300,000 $ 9,7 0 0,r,oo
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III - REIMBURSEMENT OF SEPARABLE
Ray Roberts - "1~no~p
A. Reimbursement by City of Denton, Texas:
Initia.1 Future
Development Development
Separable Rec Development Expenditures $ 416930000 $ 3,926,000
Interest During Construction (1) 2,246.000(2) 0 (3)
Separable Cost to be Repaid $ 6,9390000 $ 31926,000
(1) Interest rate specified in contract No. DACW63-80-C-0107.
(2) Interest rate is 7.210.
(3) To be charged as required in ARTICLE 3b of original contract.
B. Repayment schedule for initial development:
Interest & amortization based on 50 equal annual payments, with 49
payments bearing interest at 7.210 percent on unpaid balance.
P = (A-P) x (i+c) Where: P = annual payment
P = (A-P) x .0745602419 A = amount to be repaid
P -'.0745602419A - .0745602419P i = interest rate
1.0745602419P - .0745602419A (i+c) = interest plus
P = .0745602419A/1.0745602419 amortization coefficient
P 0693867491 x $ 6,939,000 for 49 yrs. (0.0745602419)
P - $ 481,474.65
t Greenbelt
j A. Reimbursement by City of Denton, Texas:
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I 1 Initial
f Development
Separable rec development expenditures $ 115114000
Interest During Construction (1) 176,000 (2)
Separable Cost to be Repaid $ 1,687,000
(1) Interest rate specified in contract No. DACW63-80-C-0107.
(2) Interest rate is 7.210%
A. Repayment Schedule for Initial Development:
Interest 6 amortization based on 50 equal annual payments, with 49
payments bearing interest at 7.210 percent on the unpaid balance.
P - (A-P) x (i+c) Where: P - annual payment
P - (A-F) x 0.0745602419 A - amount to be repaid
P = 0.0745602419A - 0.0745602419P i - interest rate
1.0745602429P = 0.0745602419A (i+c) - interest plus
P = 0.0745602419A/1.0745602419 amortization coefficient
P - 0.0693867491 x $ 106870000 for 49-yrs. (0.0745602419)
P = $ 117,055.45
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EXHIBIT B
PAY ROBERTS AND LEWISVILLE LAKES Nov 10, 1993
INITIALPRECREATION DEVELOPMENT
NT SCHEDUL
ENTON, TEXAS
` CITY OF D
TOTAL COST: 6,939,000.50
3 NUMBER OF PAYMENTS: 7.210
INTEREST RATE, PERCENT: 4------------
- BALANCE
ANNUAL AMOUNT
PAYMENT OF
NUMBER PAYMENT INTEREST PRINCIPAL PRINCIPAL
-.cazasss=xca
CS~SL'OO Sam T-aOaOaa~acoa - ..L.+~>amaaO aaesa-a~-.~~eac-.
1 481,474.65 0.00 481,474.65 6,457,525.35
2 481,474.65 465,587.58 15,887.07 6,441,638.27
3 4810474.65 464,442.12 17,032.53 6,424,605.74
481,474.65 463,214.07 18,260.58 6,406,345.16
5 481,474.65 461,897.49 19,577.17 6,386,768.00
6 481,474.65 460,485.97 20,988.68 6,365,779.32
7 481,474.65 458,972.69 22,501.96 6,343,277.36
8 481,474.65 455 610.93 25,863.72 6,293,289.28
9 481,474.65 453r,746.16 27,728.49 6,265,560.79
41
11 48 8 1,474474..665 5 451,746.93 29,727.72 6,235,833.07
12 481,474.65 449,603.56 31,871.09 6,203,961.98
13 481,474.65 447,305.66 34,168.99 6,169,792.99
14 481,474.65 444,842.07 36,632.58 6,171,160.41
16 481,474.65 442,200.87 39,273.79 6,0930886.62
481,474.65 439,369.27 42,105.43 6,051,781.20
17 481,474.65 436,333.42 45,141.23 6,006,634.97
18 481,474.65 433,078.74 48,395.91 5,958,244.06
19 481,474.65 429,584.40 51,885.25 5,906,358.81
20 481,474.65 425,848.41 55,626.18 5,850,732.62
21 481,474.65 421,837.82 63'636.64 5,727;155.19
22 481,474.65 417,538.01 r '
23 4810474.65 412,928.17 68,546.48 5,658,612.67
24 481,474.65 407,985.97 78,787.21 5,505,333.78
25 481,474.65 402,687.44 ,
a 26 481,474.65 347,006.88 84,467.77 5,421,869.01
i' 481,474.65 340,916.76 90,557.90 51331,311.12
27
s 28 481,474.65 384,387.53 97,087.12 5,234,224.00
377,387.55 104,067.10 5'018 545.11
s 29 481,474.65 5
30 481,474.65 369,882.87 111,591.78 r 4 ,907
31 481,474.65 361,837.10 1190637.55 ,898,.56
32 481,474.65 353,211.24 128,263.42 4,770,644.15
33 481,474.65 343,963.44 137,511.21 4,633,132.94
34 4810474.65 334,048.88 147,425.77 4,485,707.17
4,327,652.0
35 481,474.65 323,419.49 158,055.16 15
7
36 481,474.65 312,023.71 169,450.94 4,6,201.07
1,474.65 299,806.30 1810668.35 3,976,532.71
337 8 448 81,474.65 286,708.01 1941766.64 3,781,766.07
39 481,474.65 272,665.33 2080609.32 7,572,956.75
q0 481,474.65 257,610.18 223,864.47 3,349,092.28
41 481,474.65 241,469.55 240,005.10 3,109,087.18
42 481,474.65 224,165.19 257,309.47 2,851,777.71
43 481,474.65 205,613.17 275,861.48 20575,916.24
44 481,474.65 185,723.56 295,751.09 2,280,165.14
481,474.65 164,399.91 317,074.74 1,963,090.40
445 6 481,474.65 141, 029.44 364,445. 21 1,258 , 709.36
q7 481,474.65 117,
48 481,474.65 90'581.91 418,8721 92.74 449,094.91
49 481,474.65 62r 0.00
50 481,474.65 32,379.74 444,094.91
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EXHIBIT C
RAY ROBERTS AND LEWISVILLE LAKES Nov 10 1993
GREENBELT CORRIDOR DEVELOPMENT '
PAYMENT SCHEDULE
CITY OF DENTON, TEXAS
TOTAL COST:
NUMBER OF PAYMENTS: 2,687,000.00
INTEREST -RATE, PERCENT: 50
--7=?1
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ANNUAL AMOUNT
BALANCE
_NUMBERT OF OF
INTEREST PRINCIPAL PRINCIPAL
a=aaaa saesassc_a=acaa ea>=saasnseaoaa so3a=xasaoaavza eaaasaxmaaszasa
1 117,055.45 0.00 117,055.45 11569,944.55
2 117,055.45 1131193.00 3,862.44 1,566,082.11
3 117,055.45 112,914.52 4,140.93 1,5610941.19
4 117,055.45 112,615.96 4,439.49 11557,501.70
5 117,055.45 112,295.87 4,759.57 1,552,742.13
6 117,055.45 111,952.71 5,102.74 1,547,639.39
7 117,055.45 111,584.80 5,470.65 11542,151.74
8 117,055.45 111,190.37 5,865.08 11536,363.66
9 117,055.45 110,767.49 6,287.95 11530,015.71
10 117,055.45 110,314.13 60741.31 1,523,274.40
11 117,055.45 109,828.08 7,227.36 10516,047.04
12 117,055.45 109,306.99 7,748.45 1,508,298.58
13 117,055.45 108,748.33 S t307.12 1 99F991.46
14 117,055.45 108,149.38 5;906.06 1p 491o085.40
i5 117,355.45 107,507.26 9,548.19 11481,537.22
16 117,055.45 106,818.83 10,236.61 1,471,300.60
17 117 055.45 106 080.77 10,974.67 1,460,325.93
18 117;055.45 105 289.50 11765.95 1,448,559.98
19 117,051.45 104;441.17 1261427 10435,945.71
E 20 117,055.45 103,531.69 13,523.76 1,422,421.95
21 117,055.45 102,556.62 14,498.82 1,407,923.13
t 22 117,055.45 101,511.26 15,544.19 11392,378.94
t 23 117,055.45 100,390.52 16,664.92 1,375,714.02
24 117,055.45 99,188.98 17,866.46 1,3571847.55
i 25 117,055.45 97,900.81 19,154.64 1,338,692.92
of IN 26 117,055.45 96,519.76 20,535.69 1,318,157.23
27 117,055.45 95,039.14 22,016.31 1,296,140.92
28 117,055.45 93,451.76 23 603.69 1 272 537.24
29 117,055.45 91,749.93 25;305.51 11247;231.73
30 117,055.45 89,925.41 27,130.04 1,220,101.69
31 117,055.45 87,969.33 29,086.11 1,191,015.57
32
1 7
1 ,055.45 85,872.22 .1 183.22 1 159 832.]5
33 117,055.45 83,623.91 331431.53 1,126;400.82
34 117,055.45 81,213.50 35,841.95 1,090,558.87
35 117,055.45 78,629.29 38,426.15 1,052,132.72
36 117,055.45 75,858.77 41,196.68 1,010,936.04
37 117,055.45 72,888.49 44,166.96 966,769.09
38 1171055..45 69,704.05 47,351.39 919,417.69
39 1170055.45 66,290.02 50,765.43 868,652.26
40 117,055.45 62,629.83 54,425.62 814,226.64
41 117,055.45 58,705.74 58,349.70 755,876.94
42 117,055.45 54,498.73 62,556.72 693,320.22
i 43 117,055.45 49,988.39 67,067.06 626,253.16
! 44 117,055.45 45,152.85 71,902.59 554,350.57
45 117,055.45 39,968.68 770086.77 4771263.80
46 117,055.45 34,410.72 82,644.73 394,619.07
47 117,059,45 28,452.04 88,603.41 306,015.66
48 117,055.4'5 22,063.73 94,991.72 211,023.95
49 117,055.45 15,214.83 101 840.62 109 183.33
50 117,055.45 7,872.12 109:183.33 0.00
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Agf a,e+ill•-+-1-71-6
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Contract No. DACW63-80-C-0107
4d0ac'?,'JD.~~ -O.a t,/-
CONTRACT BETWEEN
THE UNITED STATES OF A?LERICA
AND
rRE CITY OF DENTON; TEXAS
FOR v
RECREATION DEVELOPMENT Q v
AT
AUBREY AND LEWISVILLE LAKES, TEXAS
THIS CONTRACT, entered into this 1$ day of kX S 19~J, by and
between the United States of America (hereinafter called the Government),
represented by the Contracting Officer executing this contract, and the
City of Denton, Dento- County, Texas ,hereinafter called the City),
WITNESSETH THAT:
WHEREAS, construction of Aubrey Lake (hereinafter called the Project)
was authorized by the River and Harbor Act of 1965 (Public Law 89-298,
79 Stat. 1091); and
WHEREAS, construction of the Project includes a reallocation of storage
space in Lewisville Lake (immediately downstream from the Project) and a
substantial increase in the surface area of the conservation pool of
Lewisville Lake; and
t
14HEREASO said increase in the conservation pool of Lewisville Lake will
make necessary the development of additional recreation areas and facilities
at Lewisville Lake to meet the increased recreation potential of the larger
lake; ;d
WHEREAS, the aforesaid requirements at Lewisville Lake are hereby
U
1rr:ude6 in the recreation development described in this contract for
Aubrey Lake, the term Project when used hereinafter shall be understood to
include these additional requirements at Lewisville Lake; and
WHEREAS, the City is authorized to administer Project land and water
areas for recreation purposes and to operate, maintain, and replace
facilities provided for such purposes and is empowered to contract in these
respects; and
WHEREAS, the Government is authorized by the Federal Water Project
Recreation Act (Public Law 89-72, 16 U.S.C. 4604.-12 et seq.) to make
contracts with nonl'f2deral public bodies for development, management, and
administration of the recreation resources of Federal water resources
projects;
s T KOW0 THEREFORE, the Government and the City agree as follows:
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ARTICLE 1. Definition of terms. For the purposes of this contract,
certain terms are defined as follows:
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a. Joint cost. The total cost of the Project minus the sum of the
separable costs for all Project purposes.
b. First cost, used interchangeably with the terms "capital costs"
and "Project cost", is the initial capital cost of the Project, including:
engineering, design, supervision, and administration; land acquisition;
construction; and interest during construction.
c. Separable cost, as applied to any Project purpose, means the
difference between the capital cost of the entire multi-purpose Project
and the capital cost of the Project with the purpose omitted.
d. Interest during construction consists of an amount of accrued
interest computed on and added to expenditures for establishment of
Project services during the period between the actual outlay and the time
j the recreation services become available.
I ARTICLE 2. Lands and facilities.
1 a. The Government agrees to design, construct, and operate, the Project
1 to provide for enhancement of general recreation consistent with maximum
utilization of water supply and flood control in the Project. Details on
lands necessary for such enhancement are shown in the Project RECREATION
RESOURCES APPENDIX to DESIGN MEMORANDUM N0. 2, as concurred in by the City
and incorporated herein by reference.
b. In addition to the lands to be acquired for the other authorized
purposes, the Government will acquire certain lands specifically to enhance
the recreation potential of
the Project. The lands anticipated
to be
i acquired
for all Project purposes, including recreation, are those lands
f shown on Plates I-1, I-2, and 1-3 of the above referenced approved RECREATION
RESOURCES APPENDIX to DESIGN M&'40MMUM NO. 2.
c. The City, in cooperation with the Government, will prepare a
mutually acceptable "Plan of Recreation Development and Management" which
rill depict and identify the types and quantities of facilities which the
City and the Government will construct in accordance with thie contract.
The presently estimated cost of facilities to be so provided is contained in
Exhibit A, entitled "Estimated Separable Recreation Costs", attached hereto
and made a part hereof. Such estimate of facilities cost is subject tom
reasonable adjustment as appropriate upon approval of the above mentioned
"Plan of Recreation Development and Management" and completion of construction.
d. The facilities as shown in Exhibit A of this contract, as it may be
adjusted in accordance with paragraph c above, shall be constructed jointly
by the parties through mutually satisfactory division of responsibility for
construction which takes into account direct and indirect cost savings which
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may be gained by the parties in the public interest for certain specific
facilities, provided, that the facilities to be constructed by each party
shall be formally agreed upon by the two parties prior to construction,
consistent with the provisions of Article 3.
e. The Government will make available by lease to the City (a form
of such lease is attached as Exhibit G of this contract), for City manage-
ment and administration, the use and occupancy of approximately 23,830 acres
of land and water areas (more fully described in the "Plan of Recreation
Development and Management"), together with facilities located thereon and
acquired or constructed pursuant to this contract. No provision of this
contract, including this paragraph e, shall merge into any such lease, but
each and every obligation of each party hereto shall remain is full force
and effect unless altered by mutual agreement or Article 10 hereof.
f. Title to all lands and facilities specifically acquired, developed,
or constructed by or with Government assistance to enhance the recreation
potential of the Project shall at all times be in the United States.
g. The performance of any obligation or the expenditure of any funds
by the Government under this contract is contingent upon Congress making
the necessary appropriations and funds being allocated and made available
foc the work required hereunder.
ARTICLE 3. Consideration and payment. Each party hereto will pay
or contribute in kind fifty percent (50X) of the separable cost of initial
j recreation development and fifty percent (50X) of the separable cost of
future development of that portion of the total development participated in
by the City. In addition, as between the parties hereto and except as may
s be specified to the contrary in any separate contract between the parties,
the Government will pay one hundred percent (100:) of the joint cost of the
Project allocated to recreation.
a. Initial development. Fifty percent (50X), the City's share, of
the estimated separable costs of initial recreation development participated
in by the City is estimated to be $2,495,300. This amount shall be paid to
the Government by the City as follows:
(1) There shall be deducted from the City's share an amount equal to
the sum of the fair market value of any lands or facilities provided by the
City (such value being determined as of the date such lands or facilities
were provided and not including enhancement due to the Project) and any
cash expenditures made by the City toward the separable cost of the
recreation purpose of the Project.
(2) The amount of the City's share remaining after such deduction
shall be paid to the Government with interest on the unpaid balance within
fifty (50) years after the recreation facilities are first available for
useful operation. Such repayment -dill be made annually.in such equal
amounts as to complete repayment within such fifty (50) year period.
(3) Interest during construction and interest on the unpaid balance
shall be at the rate to be determined by the Secretary ~of' the Trearry of
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the United States as of the beginning of the Government fiscal year in w ich
Project construction is initiated as prescribed by Section 301(b) of the
Water Supply act of 1958 (Public Law 35-500, 43 U.S.C. 390b(b)). Such
interest rate shall not change during the repayment period. The interest
rate in effect at the time of negotiation of this contract (Government
fiscal year 1980) is 7.210 percent.
(4) The schedule of repayment for the Project, based on the current
estimate of separable cost of initial recreation development, the interest
rate in effect on the date of execution of this contract (0.210X), and
50 year repayment, is shown in Exhibit B of this contract. This repayment
schedule will be recomputed by the parties upon completion of construction
on the basis of the actual separable cost incurred for initial recreation
development, the interest rate in effect for the Government fiscal year in
which Project construction is initiated, and the amount of the City's share
remaining unpaid at the time the Contracting Officer notifies the City in
( writing that the lands and facilities are available to the City for useful
operation. Interest during construction shall be paid over a period of
50 years as part of the
separable cost of the Project but subsequently
accruing Interest shall be paid with the installment due at the end of the •
period in which such interest has accrued.
(5) The initial payment shall be due and a a within thir \
days after the City is notified in writing by they Contracting Office that.
the iands and facilities are available for useful operation. Subsequent
Payments shall be due and payable to the Treasurer of the United States
Within thirty (30) days of the yearly anniversary date of such notice. If
the City shall fail to make any of the aforesaid payments when due, then
the overdue payments shall bear interest compounded annually at the rate
Pr%:'i.'.ed above until paid. The amount charged on payments overdue for a
' period of less than one year shall be figured on a monthly basis. For
example, If the payment is made within the first month after being overdue
(31 to 60 days after the anniversary date), one months interest shall be
charged. This provision shall not be construed as giving the City a choice
of either making payments when due or paying interest, nor shall it be
construed as waiving any other rights of the Government, at law or in
equity, which might result from any default by the City.
(6) The City may, without penalty, prepay at any time or times any
part or all of the principal and interest due and payable under this
contract. Interest with respect to any prepaid principal shall accrue
only through the date of repayment.
b. Future development.
(1) Fifty percent (501), the City's share, of the estimated separable
cost of future recreation development to be participated in by the City is
currently estimated to be $1,189,000.
(2) Future recreation development as provided in this contract shall
r be contingent upon the availability of Government funds therefor.
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(3) In the event there shall not be available sufficient funds to
provide the Government's share of future recreation development as the need
arises, the City may develop or continue to develop the necessary facilities
provided prior approval of s+ich development is received in writing from
the Government. Upon receipt ofnotice
Cit that
withhold payment ofeadditional
available for such development, the ment of funds from each party is balanced
amounts unt such time as the pay
at fifty pe.cent (50%) of the total separable cost for this purpose to that
time. If the City has completed the future development at its ownte pen se
due to the unavailability of Government funds, upon
again becoming available the Government shall reimburse the City for the
Government's share of such development expense. Nothing herein shall be
construed as obligating either party to make payments in excess of funds
appropriated and allocated for this particular purpose, or to apto withhold
and alocate funds for this purpoe, or as uhoizinthe City makinglinstallment payments undersparagraphaatofrthisgArticle.
(4) When Government funds are made available, and to the extent the
City may not already have provided equal amounts under the provisions of
article 3b(3), the City shall be obligated to proceed with further recreation
development and to balance the funds provi ed by theofofuadseby one this or a particular purpose. The City may provide contributions-in-kind at the fair
combination of the following means: (1)
market value thereof at the time provided; (2) a cash contribution prior to
construction; (3) a cash payment immediately following completion of
'i construction; or (4) repayment to the Government, with interest on the unpaid
balance, within the life of the Project is not to exceed 50 consecutive
equal annual payments. For options (3) and (4) above, the amount to be
repaid shall include, in addition, interest during construction computed at
the rate specified in Article 3a(3). For payment opion (4) lab ve, the
t provisions of Articles 3a(5) and 3a(6) apply; payment
furnished by the Contracting Officer as required and will be attached as
• an exhibit to this contract and become a part hereof without further action
by either party and, if based on estimated cost, will be subject to revision
s i known.
when final construction c. Other Federal funds. No repayment credit of any kind whatsoever
will be allowed the City for expenditures financed by, involving, or
consisting of, either in whole or in part, contributions or grants of
assistance received from any Federal agency in providing any lands or
facilities for recreation hereunder.
d. Ad ustments to reflect actual costs. The dollar amounts set forth
in this Article are based upon the Government's best estimates and are
subject to adjustments based on the costs actually incurred. Such estimates
are not to be construed as representations of the total financial responsi-
bilities of each of the parties.
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e. Assurance of funds for contract payments. The City warrants that
all principal and interest payments contracted hereunder shall be secured
by a pledge of surplus revenues of the City's Sdateraorks and Sanitary Sewer
System remaining after payment of all expenses of operating and maintaining
such system and after providing for payment of all debt service, reserve,
or other requirements in connection with the City's Waterworks and Sanitary
Sewer System Revenue Bonds now outstanding or those hereafter issued on a
first lien basis or on such other basis as may be approved by the Contracting
Officer, provided, that in the event such surplus revenues may become or are
insufficient to meet the payments contracted hereunder, the City shall fix
and collect such rates and pt payment all the aforementioneddresystem as
quirenents
will make possible the prompt payment o
including payments contracted hereunder. Payments made by the City as
Project recreation development cost shall be regarded as capital expenditures.
f. Allowable costs. Allowable costs by the City shall include all items
of expense properly chargeable to the development of recreation facilities
under the "Plan of Recreation Development and Management," including but not
limited to engineering, labor, materials, transportation, insurance, overhead
charges properly allocable to the work, supervision, surveys, permits, rental
of tools and equipment and machinery employed in the work, together with such
other items of expense as should, in the opinion of the Contracting Officer,
be included in the cost of the work. For the purpose of determining
expenditures made by the City, the City shall provide at the end of each
Government fiscal year properly certified invoices, in quadruplicate,
supported by such evidence of payment made by the City as may be required by
the Contracting Officer. All original timecards or payrolls, material records,
" and accounts for all charges and expenditures by the City, which are subject
3 to equalization, shall be available at all reasonable times to allow the
• Government to check and audit the invoices submitted by the City. So far as
E practicable, separate records shall be maintained by the City on all items
and accounts which shall constitute the basis of information from which the
invoices shall be prepared.
ARTICLE 4. Construction and operation of additional facilities.
Certain types ai facilities, including but not necessarily limited to
restaurants, lodges, golf courses, cabins, clubhouses, overnight or vacation
type structures, stables, marinas, swimming pools, and such similar revenue producing facilities, may be constructed by the
City or by third parties and may be operated by the City or by third parties
on a concession basis. Any such construction and operation of these types
of facilities shall be compatible with all Project purposes and shall be
subject to the prior approval of the Contracting Officer. However, the
for such fac
ties t city a under not
Article receive 3, credit and
payable such facilitiesishallanotnbe deemed amounts to v haved been developed or constructed with Government assistance for purposes of
article 2f.
ARTICLE 5. Fees and charges. The City may assess and collect reasonable
fees for entrance to developed recreation areas and for use of the Project
in accordance with a fee schedule usually agreed to by
facilities and areas,
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the parties. An initial mutually acceptable fee schedule is set forth
in Exhibit C of this contract. Not less often than every five years,
the parties will review such schedule and, upon the request of either,
renegotiate the schedule. The renegotiated fee schedule shall, upon
written agreement thereto by the parties, supersede Exhibit C without
the necessity of modifying this contractual document.
ARTICLE 6. Federal and State laws.
a. In acting under its rights and obligations hereunder, the City
agrees to comply with all applicable Federal and State laws and regulations,
including but not limited to the provisions of the Davis-Bacon Act
(40 U.S.C. 276a-a(7)); the Contract Work Hours and Safety Standards Act
r (40 U.S.C. 327-333); and Part 3 of Title 29, Code of Federal Regulations.
b. The City furnishes as part of this contract an assurance
(Exhibit D) that it will comply with Title YT of the Civil Rights Act of
1964 (78 Stat. 241, 42 U.S.C. 2000d et seq.) and Department of Defense
Directive 5500.11 issued pursuant thereto and published in Part 300 of
Title 32, Code of Federal Regulations. The City agrees also that it will
obtain such assurances from all of its concessionaires.
c. The Cit;: furnishes as part of this contract an assurance
(Exhibit E) that it will comply with Sections 210 and 305 of the Uniform
Relocation A39istance and Real Property Acquisition Policies Act of 1970
(Public Law 91-646),
ARTICLE 7. Operation and maintenance.
a. The City shall be responsible for operation, maintenance, and
replacement, without cost to the Government, of all facilities developed to
support Project recreation opportunities in areas leased by the City. In
areas leased by the City, the City shall maintain all Project lands, waters,
and facilities in a manner satisfactory to the Contracting Officer and
j pursuant to the provisions of any lease or license which may subsequently
be entered into between the parties hereto, with the exception of lands
required for operation of the Project structures as described in paragraph c
below.
b. For the lands and waters to be made available pursuant to this
contract, the City will prepare, and upon approval of the Contracting
Officer, implement plans and programs for effective management of the
forest and range resources of the project, including but not limited to
measures to control soil erosion, suppress wild fires, control vectors
and pests, and maintain the shoreline of the reservoir in attractive
condition.
c, The Government or its assignees will operate and maintain those
lands, structures, and facilities such as dams, dikes, spillways, and outlet
works required for control and regulation of the waters stored in the lake,
the access road to the dam, and any Project visitor facilities constructed
Ag vi, 12
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in conjunction with these works. The Government will accomplish shoreline
debris removal for a period of two years after initial impoundment of
water to elevation 632.5 feet mean sea level in Aubrey Lake and 522.0 feet
mean sea level in Lewisville Lake.
ARTICLE 8. Release of claims.
a. The Government and its officers and employees shall not be liable
in any manner to the City for or on account of damage caused by the
development, operation, and maintenance of the recreation facilities of the
Project. To the extent that it may legally do so, the City hereby releases
the Government and agrees to hold it free and harmless and to indemnify it
from all damages, claims, or demands that may result from development,
operation, and maintenance of the recreation areas and facilities leased to
the City, except with respect to those functions reserved to the Government
under paragraph c of Article 7.
b. The City shall require its concessionaires to obtain from an
insurance company, licensed in the State of Texas and acceptable to the
Government, liability or indemnity insurance providing for minimum limits
of $50,000 per person in any one claim,"ari'aggregate limit of-$1-50,000
for any number of persons or claims arising from any one incident with
respect to bodily injuries or death resulting therefrom, and $25,000 for
damage to property suffered or alleged to have been suffered by any person
or persons resulting from operations under any agreement between the City
and its concessionaires.
Y ARTICLE 9. Transfer or assignment. The City shall not transfer or
j assign this contract nor any rights acquired hereunder, nor grant any
interest, privilege, or license whatsoever in connection with this
contract, without the approval of the Secretary of the army or his
authorized representative except as provided in Article 4 of this contract.
ARTICLE 10. Default. In the event the City fails to meet any of
its obligations under this agreement, the Government may terminate the
whole or any part of this contract and any lease or license granted to the
City :or accomplishing the purpose of this agreement. The rights and
remedies of the Government provided in this Article shall not be exclusive
and are in addition tc any other rights and remedies provided by law or
under this contract.
ARTICLE 11. Examination of records. The Government and the City
shall maintain books, records, documents, and other evidence pertaining to
costs and expenses incurred under this contract to -,e extent and in such
detail as will properly reflect all net costs, direct and indirect, of
labor, materials, equipment, supplies, and services and other costs and
expenses of whatever nature involved therein. The Government and the City
shall make available at their offices at reasonable times the accounting
records for inspection and audit by an authorized representative of the
patties to this contract during the period this contract is in effect.
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ARTICLE 12. Relationship of parties. The parties to this contract
act in an independent capacity in the performance of their respective
functions under this contract and neither party is to be considered the
officer, agent, or employee of the other.
ARTICLE 13. Inspection. The Government shall at all times have the
right to make inspections concerning the operation and maintenance of the
lands and facilities to be provided hereunder.
! ARTICLE 14. Officials not to benefit. No member of or delegate to
the Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit that may arise herefrom; but this
provision shall not be construed to extend to this contract if made with a
corporation for its general benefit.
ARTICLE 15. Covenant against continent fees. The City warrants that
no person or selling agency has been employed or retained to solicit or
secure this contract upon agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established commercial or Felling agencies maintained by the
City for the purpose of securing business. For breach or violation of
this warranty, the Government shall have the right to annul this contract
without liability or in its discretion to add to the contract price or
consideration or otherwise recover the full amount of such commission,
percentage, brokerage, or contingent fee.
ARTICLE 16. Environmental quality.
a. In furtherance of the purpose and policy of the National
Environmental Policy Act of 1969 (Public Law 91-190, 42 U.S.C. X321,
k' 4331-4335) and Executive Order 11514, entitled "Protection and Enhancement
of Environmental Quality", March S, 1970 (35 Federal Register 4247, March 7,
1970), the Government and the City recognize the importance of preservation
and enhancement of the quality of the environment and the elimination of
environmental pollution. Actions by either party will be after consideration
of all possible effects upon the Projsct environmental resources and dill
Al~ incorporate adequate and appropriate measures to insure that the quality
of the environment will not be degraded ur unfavorably altered.
b. During construction and operation undertaken by either party,
specific actions will be taken to control environmental pollution which
could result from their activities and to comply with applicable Federal,
State, and local laws and regulations concerning environmental pollution
Particular attention should be given to (1) reduction of air pollution by
control of burning, minimization of dust, containment of chemical vapors,
and control of engine exhaust gases and smoke from temporary heaters;
(2) reduction of water pollution by control of sanitary facilities,
storage of fuels and other contaminants, and control of turbidity and
siltation from erosion; (3) minimization of noise levels; (4) onsite and
offsite disposal of waste and spoil; and (5) prevention of landscape
defacement and damage.
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ARTICLE 11. value of land and facilities. If the parties hereto
cannot agree on the fair market value of any lands or facilities and cannot
otherwise resolve such differences, each party shall name an appraiser and
the two appraisers so named shall name a third appraiser, and the decision
of at least two of such three appraisers as to the fair market value shall
be final and coaclusil,e upon both parties.
ARTICLE Id. Effective date. This contract shall take effect upon
approval by the Secretary of the Army or his authorized representative.
ARTICLE 19. Alzernate local sponsor. The City and the Government
hereby recognize that the State of Teaas, by its Parks and Wildlife Department,
may desire the use of all or a portion of the recreation facilities of the
Project. The City agrees that the Government may negotiate a contract between
the Government, the State, and the City for this purpose. Upon any such ;
contract coming into force and effect, the Government shall delete from this
contract and the lease described in Article 2e such payments and responsi-
bilities
contract to reflect deletions tunder :his t article eshallbeby Modification supplemental
agreement.
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LNWITNESS WHEREOF, the parties hereto have executed this contract as of
the day and year first above written.
APPROVED: THE LNITED STAPES OF *IERICA
A
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3 Assistant Donald J. Palladino
Secretary of the Army (rd) Colonel, CE
Contracting Officer
Z C ''v0
5 AU-UST
Date 1
a c/ CITY OF DENTON, TEXAS
B
P~ cfj ~I G~ yR CRRD 0. ST WART '
e Mayor
I I, Brooks Holt, certify that I am the City Secretary of the City of Denton,
1 Denton County, Texas, named as City herein; that Richard 0. Stewart who
signed thin contract on behalf of the City of Denton was then Mayor of the
City of Denton, Texas; that said contract was duly signed for and on behalf
of the City of Denton, Texas by authority of its governing body and is
within the scope of its legal powers.
i IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said,
City of Denton, Texas this t t`day of Pub. 19YYC•
Bro ss Holt
Secretary
City of Denton, Texas
CORPO? ATE SEAL
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Cuntrant No. VACN63-80-C-0106
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AMIREY AND 1J.'WISVILLE LAKES
EXIIJBIT A
LSTIMATED SEPARABLE RECREATION COST
(1 Oct 79 prices)
i
Aubrey Lake
Acct No. `Feature Initial development Future development Total
01 I,and purchase (public use areas) $ 5,041,000 3 5,041,000
03 Reservoir (clearing public use areas) 572,000 5728000 k
14 Recreation facilities 7,500,000 $7,954,000 156454,000
30 Engineering and design 70'1,000 692,000 1,394,000
31 Supervision and administration 509,000 501,000 1,010.000 f
Subtotal recreation expenditures $14,324,000 $9,147,000 $23,471,000 f
Lewisville Lake
d 01 land purchase (public use areas) $ 1,724,000 $ 1,724,000
03 Reservoir (clearing public use areas) 188,000 188,000
14 Recreation facilities 1,413,000 1,413,000
30 Engineering and design 135,000 135,000
X 31 Supervision and administration 121,000 121,000
c~ Subtotal recreation expenditures $ 3,581,000 $ 30581,000 }
o Total recreation expenJitures $17,905,000 $9,147,000 $27,052,000 {
}
x ~ yam, I - PARTICIPATION BY LOCAL INTERESTS IN TOTAL DEVELOPMENT
Percent Initial development Future development Total
City of Dallas, Texas 74 $13,250,000 $6,769,000 $20,019,000
City of Denton, Texas 26 -:!P- 4,655,000 21378,000 71013.000
$17,905,000 $9,147,000 $27,052,000
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11 _ PE,91HURSEMENT BY LOCAL INTFRFSTti 50 PERUNT OF DENELLOPMENI_IN WIIICU 111KY PARTICIPATE
1'_rcent Initial_devOoolment Tuture development ^Total City of Dallas, Texas 5 $6,625,000 $3,384,500 $10,009,500
City of Denton, 'rexas 50 2,327 500 1,189,000 71516,500
$8,952,500 $4,573,500 $13,526,000
(1) Estimated schedule for the City of Dallas share of 1985 1995 2005 2015
future development 0 $3,384,500 0
Bused on projection of anticipated visitation which will establish the need for additional recreation
duvelc-ment as shown in the Project Recreation Resources Appendix and the Plan of Recreation Development
and Management made parts of this contract by Article 2b and Article 2c, respectively. }
III - REIMBURSEMENT OF SEPARAR E COST
I
A. Reimbursement by City of Dallas, TCxd9:
Initial development Future development
Separable recreation development expendtturea $6,625,000 $3,384,500
Y Interest during constructiun (1) 477,700 (2) (3)
H Separable cost to be repaid $7,102,700 $3,384,500
(1) Interest rate for reimbursable amounts will be set as of the beginning of the Covernment fiscal. jcar
In which construction of the Project Is started. !
(2) Interest rate 7.210 percent. !
(3) To be charged as required by Article 3b.
B. Repayment schedule for Initial development:
FL u Computation for annual payment for amortization and interest based on 50 equal payments, of which the
last 49 payments bear interest on the unpaid balance at the rate of 7.210 percent.
I ~
g.5 P - (A - P)(i + c) Where: P - annual payment
1 l' - (A - P) .0745602419 A - amount to be repaid - $7,102,700
1' - .0745602419A - .0745602419P i - interest rate - 7.210
1.0745602419P - .0745602419A (I + c) - Interest plus amortization coefficient for 49 years -
.0745602419A 0.0745602419
~i' i.07G5G024j9 $492,813.26
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AUBREY AND LEWISVILLE LAKES
E.~ 13 IT B AUG 1 J 19x1
PMT, PAYMENTSCHEDULE
MEET -INITIAL DEVELOP.KENT
_ , PAYMENT TO PAYMENT TO
NO. INTEREST TOTAL AAI.ANCE
P'RINCIP'AL PAYMENT IrUE
1 0.00 2495300.00
173140.75 173140.75 2322159.25
2 167427.68 5713.07 173140.75 2
3 167015.77 6124.98 173140,75 2310321,20
4 166574.16 6566.59 310751,61
5 166100.71 273140.75 230375A.62
7040,04 173140.75 2296714.57
6 265593,12 7547.63 173140,75
7 165048.94 8091081 173140.75 2289166,94
8 164465.52 8675.23 173140.75 `272399,13
90
9 163840.03 9300,72 173140.75 2263099.1
8
10 163169,45
12 162450,52 9971.30 273140.75 22:,3127.88
12 161679.75 10690.23 173140.75 2242437.65
13 160853.42 11461.00 173140.75 2230976.65
12287,33 173140,75 22 2
14 139967,50 13173,25 173140,75 ^^14589,37
IS 159017.71 14123.04 ..1`05.,16.07
16 157999.44 273140.78 2192393.63
17 156907,75 1541.31 173140,75 2176251,72
18 155737.35 16233.00 173140.75 2160018.72
19 154482,5 5 18608,19 173140.75 2142615,32
1
20 9 153137.31 173140.75 2123957.13
22 151695.06 20003.44 173140.75 2103953.69
21 21445.69 173140,75 2082508,
22 150148483 22991.92 173140 5516*00
23 148491.11 t .75 2059516.48
24 146713.81 24649.64 173140.75 2034866.44
26426.8$
25 173140.75 2008439,56
144808.49 28332,26 173140,75 i
26 142765.74 30375.01 173140.75 940107,29
7 140575,70 32565405 173140 1949732.24
28 238227.76 34912.99 .75 1917167.24
29 135710.53 1882254.25
30 133011.92 37420.22 173140.75 1844824.03
31 1
3 40f~8,94 173140.75 1804695.49
130118,52 43022.23 173140,75 1761672.86
32 127416.61 ^ 173140,75 1715548672
33 123691,06 49449.69 173140,75 1666099,03
34 120125,74 53015,01 173140.75 1613084.02
35 116303.36 S6837,39 A73140,75 15S246463
36 112205,39 60935,37 173140.75 1495321,26
37 107811.94 65328.81
38 103101,73 17314005 1929982.45
03101.73 70039.02
39 98051.92 173140,75 1359943.43
40 92638,02 75088.83 173140.75 1284854,60
41 8050..,73 173140.75 1204351,87
42 4
6833.77 86306.98 173140.75 1118044,89
80611,04
43 73939,64 92529.71 173140.75 1025515.18
99201.11 44 66787,24 106353.,,r1 ~ 173140,75 926314.07
45 819960.,,6
46 50$98,20 1^402,59 173140,75 705938.97
122242.55 173140.75 583696,42
47 42084.51 131056.24 173140,75
48 452640.18
32635,36 140505.39
49 22504,92 150635.43 1173140.75 73140.75 312134.79
50 11644.08 161498.96 173143.04400h)1IN0,_ "
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CITY of DENTON, TEXAS MUN1CfPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8307
Office of the City Manager
'I
CITY COUNCIL REPORT
TO: Maycr and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: January 14, 1994
SUBJECT: ordinance Implementing the Municipal Court of Record
RECOMMENDATION:
j Staff recommends the adoption of this ordinance.
BACKGROUND:
i
Since 1990, both current and former members of the City Council
have continually expressed an interest in implementing a court of
record. Following many earlier legislative attempts, HB2851
concerning the creation of a municipal court of record was signed
by the Governor on June 18, 1997. The benefits of implementing a
court of record are: a more efficient disposition of cases arising
in Denton; reduction of appellate actions and costs; and, more
effective law enforcement with respect to misdemeanor offenses
committed in the city.
Under the provisions of HB2851, the governing body (City Council)
is allowed to create the municipal court of record by ordinance.
The ordinance establishing the court must give it a numerical
designation, beginning with "Municipal Court No. 1."
j On creation of the court, the City Council must determine the
method of selecting the judge. The options are to select the judge
j by ordinance that provides for appointment; ordinance that provides
for election; or, ordering an election in which the qualified
voters determine whether the judge is appointed by the Council or
1 elected. Council has expressed an interest in selecting the judge
by ordinance that provides for appointment.
The court of record has no terms and thus may sit at any time for
the transaction of the business of the court. Jurisdiction occurs
within the territorial limits of the city in all Class C criminal
cases arising under the ordinance of the city. The City Manager
will appoint a clerk of the court of record to be designated the
i "municipal court clerk." The municipal court clerk will perform
"Dedicated to Quality Service"
It
. as requi
law
and in sall such tatutes,dtheecity charter, and city ordinancesance with existing
The City shall provide a court reporter for the purposes of
preserving a record in cases tried before the court of record. The
municipal court clerk will appoint the court reporter who must meet
qualifications provided by law for court reporters. In lieu of a
court reporter for `.rial, the proceeding may be recorded by a "good
quality electronic recording device." During an as peal, the official
no present at recording
court e reporter s if b one transcribed
was c t
All prosecutions in the municipal court of record must be conucted
by the city attorney or assistant city attorney. Any ppd
action resulting from a case ar3aing in the municipal court of
record shall be prosecuted by the city attorney or assistant city
attorney.
Prior to implementation of the court, a task force was established
to review the legislation as well as staffing, operation, and
location of the court. Staff reviewed these issues and briefed
the council Municipal Court of Record Committee on September 2,
1993. During the briefing, the Council committee selected an
option which included the construction of a shell of a second
courtroom, the implementation of the court to coincide with the
the provision
relocation to the Denton Municipal Complex (DMC), and for operating a night court. Under current plans, the municipal
court of record will locate at the DMC and will become operational
according to the date certain provision on August 1, 1994.
DEPARTMENTS OR GROUPS AFFECTED:
t All citizens Iof the City of Denton.
FISCAL• IMPACT:
Costs associated with the implementation and operation of the
budget. approved by Council
municipal adcourt of record were option of the FY 19931 established
with t
Please advise if I can provide additional information.
AF LLY SUBMITTED:
Harrell
ager
Prepared By: O O
A9~nda%0 5 6
? ACrI;i2i:firi ~ -
ose Portuga
Assistant to the City Manager
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING h
COURT OF RECORD IN THE CITY OF DENTON; AMENDING SECFIONS~OFITHE
CODE OF ORDINANCES OF THE CITY OF DENTON, PROVIDING FOR SEVER-
ABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the C
that the formation of a Municipal Court of Record Dentonishanecessarydeterminetd
provide a more efficient disposition of cases arising in the City;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I. That a Municipal Court of Record is to be estab-
lished in the City of Denton, said Court to be created pursuant to
House Bill 2851 passed in the 73rd Legislative Session of the Texas
Legislature.
SEG"i'ION U. That the judge of the Municipal Court of Record of
the City of Denton shall be appointed by the City Council.
SECTION III. That Section 19-1 ("Created") of the Code of
ordinances is hereby amended and shall read as follows;
Bea. 19-i. Created.
(a) In accordance with the
provisions
Charter and applicable state law, thereoisther bytcreated
a Municipal Court of Record for the City of Denton, Texas
which is hereby designated, "Municipal Court No. 111. Muni-
cipal Court No. 1 shall be comprised of as many divisions
as the city Council deems necessary.
SECTION IV. That Section 19-2 ("Jurisdiction") of the Code of
Ordinances is hereby amended and shall read as follows:
eao. 39-2a Jurisdiction.
(a) Each Municipal Court division shall have and exercise
concurrent jurisdiction with other Municipal Court divi-
sions, the jurisdiction being that which is conferred on
all Municipal Courts of Record by state law.
(b) The Municipal Court divisions may be in concurrent or
con~inuous session, either day or night.
SECTION V, That Section 19-36 ("City Judge") of the Code of
? Ordinances is hereby amended and shall read as follows:
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sec. 19-36. Judges. I~ V sPL"
The Municipal Court of Record shall be presided over by
the Municipal Court Judge, who shall be a magistrate and
appointed by and removed from office by the City Council.
The Council shall appoint assistant judges as it deems
necessary. Such assistant judges shall be appointed and
removed in the same manner as the Municipal Court Judge,
and shall serve in the absence of and have all the authori-
ty of the Municipal Court Judge as provided by state law
and the City charter. The Municipal Court Judge and
assistant judges may be referred to as the City Judge and
assistant city judges.
,SECTION VI. That Section 19-37 ("Assistant city judge") is
deleted and Sections 19-38 through 19-40 are to be renumbered
accordingly.
SECTION VII. That Section 19-38 ("Municipal Court Clerk") of
the Code of Ordinances is hereby amended and shall read as follows:
seo. 19-37. Xunicipal court Clerk.
(a) In order to release the City Judge from all admini-
y strativo responsibilities relative to personnel performing
services supportive to the Municipal Court of Record, the
office of Municipal Court Clerk is hereby established as a
division of the court.
(b) The Municipal Court Clerk shall be appointed by the
City Manager, and shall have the powers and duties provided
by state law and the City Charter. Any references to court
administrator, clerk of the court or clerk shall be under-
stood to mean municipal court clerk.
(o) The municipal court clerk shall appoint deputy court
clerks as needed, subject to approval of the city manager,
and such deputies shall act in and for the municipal court
clerk in the performance of their duties.
(d) The municipal court clerk or his deputies shall per-
form all duties and responsibilities as provided under
state law and the City Charter including keeping a record
of the court proceedings, administering oaths, issuing
process, making certificates and affixing the court seal
thereto and generally performing the duties for the court
that a county clerk performs for a county court.
SECTION VIII. That the City Manager is authorized to take
those steps reasonable and necessary to comply with the intent of
this ordinance.
PAGE 2
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SECTION IX. That if any section, paragraph, subdivision,
clause, word, or provision of this ordinance shall be held invalid
or unconstitutional by final judgment of a court of competent
jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance,
for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word, or provision
hereof be riven full force and effect.
SECTION X. Sections I through Vii of this ordinance shall take
effect on the 1st day of August, 1994, and all cases and matters
heard, considered, or decided by the Municipal Court on or after
that date shall be heard, considered, or decided by the Municipal
Court of Record hereby designated, "Municipal Court No. 1." The
remainder of this ordinance shall take effect immediately from and
after its passage.
PASSED AND APPROVED this the day of , 1994.
i
BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
1 ~L«... > A
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=_CITY_ -
-COUNC
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ApeedaNo 4L GYM _
Apendaif
date
DATBt/ 1-18-94
CITY CO!MCIL RBPORT FORMAT o O .
TOI Mayor and Members of the City Council
FROMt Lloyd V. Harrell, City Manager
80BJS Approval of ardinanoe for expernliture of General
Funds for Human services.
88COMMBN~1►TION t
Approve an contracts between ordinance the City authorising i Denton and yo the Denton
Independent School District (DIED) for the funding of the
Teiz• Taking Responsibility for Parenting Success
(TTRIPS) Program.
BACKGROUND 1
f
During the spring funding hearings, the Human services
Committee received requests from human services agencies.
The Susan Services Committee recommended funding in the
amount of ¢1480300 as their 1993-1994 Human Services
y budget. On September 7, 1993, City Council approved that
budget.
f The approved budget specified the use of ¢20,1100 by the
DIED to provide child-care for children of tbosip enrolled
in the TTRIPS program.
PROD x$ DBPARTHWT$ OR GROUPB arrnT D
N/A
FIBCAL iKpACTs
The 1993-1994 budget includes the Human services Budget
Allocation.
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espootfully submittede
v
4lo C R
yd V. Harr 1,
Prepared bye City Manager
Eric Biliips~
Human Services specialist
Approved:
! ank R bbins, AICP
Executive Director for Planning i Development
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ORDINANCE NO-
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON INDEPENDENT SCHOOL DISTRICT) AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING FOR AN LFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best
interest of the citizens of the City to provide public funds to
Denton Independent School District in consideration of the valuable
public services to be furnished by Denton Independent School Dis-
trict, through the Teens Taking Responsibility for Parenting suc-
cess Program, to the City of Denton in accordance with the Agree-
ment attached hereto; NOW, THEREFORE,
f THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves the Agreement
attached hereto, between the city of Denton and Denton Independent
School District, and authorizes the City Manager to execute said
Agreement.
I
SECTION II. That the City Council authorizes the expenditure
of funds in the amount of Twenty Thousand Six Hundred and no/100 i
Dollars ($20,600.00), and in the manner as specified in the Agree- !
ment.
1
{ SECTIOiy III That this ordinance shall become effective immed-
iately upon its passage and approval. ;
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY; MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
4
BY.,
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
I,
BY s
i
E:\LPD0CS\K\T1K1PS.2 o O
AQREEMENT BETWEEN THE CITY OF DENTON
AND DENTON INDEPENDENT SCHOOL DISTRICT
This Contract is made and entered into by and bd to theCity
of Denton, a Texas municipal corporation, acting by an 9h it
s
City Manager, pursuant to ordinance, hereinafter referred to as
CITY, and Denton Independent School District for the Teens Taking
Denton, Texas y76for Parenting Success 201, hereinafter refer; Program, to as CONTRACTOR~cust,
WHEREAS, CITY has received certain funds from the U. S.
as amended; and the
Housing e and of Housing and Urban
Community Development ~ Act of under
WHEREAS, CITY has adopted a budget for such funds and included
budt for exenditure of funds for
careeforastudents ienrolled in the Denton Independent School cDis-
i trict; and
WHEREAS, CITY has designated the Community Development office
as the division responsible for the administration of this contract
and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such
project;
X NOW, THEREFORE, the parties hereto agree, and by the execu-
tion hereof are bound to the mutual obligations and to the per-
formance and accomplishment of the conditions hereinafter
described.
~ I.
TERM
This Contract shall commence on or as of October 1, 1993; and
shall terminate on September 30, 1394, unless extended by the CITY.
to~thetCommunity Development office ion nor band are to efore the termination
date.
Ii.
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the perfor-
mance of all services and activities, described in the Work State-
went attached hereto as Exhibit A, in a satisfactory and efficient
manner as determined by CITY, in accordance with the terms herein.
CITY will consider CONTRACTOR'S executive officer to be CONTRAC-
TOR's representative responsible for the management of all contrac-
unless
and written approved by CITY. to the
tsreceived pertaining hereto,
contrary
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The CITY'S Community Development Administrator will be CITY's
representative responsible for the administration of this contract.
III.
CITY'S OBLIGATION
A. Limit of Liability. CITY will reimburse CONTRACTOR for
expenses incurred pursuant hereto in accordance with the project
budget included as a part of Exhibit B. Notwithstanding any other
provision of the contract, the total of all payments and other
obligations made or incurred by CITY hereunder shall not exceed the
sum of $20,600.00.
B. Measure of Liability. In consideration of full and
satisfactory services and activities hereunder by CONTRACTOR? CITY
shall make payments to CONTRACTOR based on the Budget attached
hereto and incorporated herein for all purposes as Exhibit B, sub-
ject to the limitations and provisions set forth in this section
and Section VII of this Contract.
(1) CITY shall not be liable for any cost or portion
i thereof which: k
(a) has been paid, reimbursed or is subject
to payment or reimbursement, from any other
source;
(b) was incurred prior to the beginning date,
or after the ending date specified in
Section I;
(c) is not in strict accordance with the
terms of this Contract, including all exhibits
attached hereto; or
(d) has not been billed to CITY within ninety
(90) calendar days following billing to CON-
TRACTOR, or termination of the Contract,
whichever date is earlier.
(2) CITY uhall not be liable for any cost or portion
thereof which is incurred with respect to any activity of CON-
TRACTOR requiring prior written authorization from CITY, or
after CITY has requested that CONTRACTOR furnish data concern-
ing such action prior to proceeding further, unless and until
CITY advises CONTRACTOR to proceed.
(3) CITY shall not be obligated or liable under this
Contract to any party other than CONTRACTOR for payment of any
monies or provision of any goods or services.
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IV.
COMPLIANCE WITH STATE and LOCAL LAWS
CONTRACTOR shall comply with all laws of the United states of
America and the State of Texas and ordinances of the City of Denton
in the performance of this contract.
V.
REPRESENTATIONS
A. CONTRACTOR assures and guarantees that it possesses the
legal authority, pursuant to any proper, appropriate and official
motion, resolution or action passed or taken, to enter into this
Contract.
B. The person or persons signing and executing this Contract
on behalf of CONTRACTOR, do hereby warrant and guarantee that he,
she, or they have been fully authorized by CONTRACTOR to execute
this Contract on behalf of CONTRACTOR and to validly and legally
bind CONTRACTOR to all terms, performances and provisions herein
set forth.
C. CITY shall have the right, at its option, to either
temporarily suspend or permanently terminate this Contract if there
is a dispute as to the legal authority of either CONTRACTOR or the
person signing the Contract to enter into this Contract. CONTRAC-
TOR is liable to CITY for any money it has received from CITY for
r performance of the provisions of this Contract if CITY has sus-
pended or terminated this Contract for the reasons enumerated in
this Section.
D. CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of this Contract will in no way be sub-
stituted for funds and resources from other sources, nor in any way
serve to reduce the resources, services, or other benefits which
would have been available to, or provided through, CONTRACTOR had
this Contract not been executed.
Vi.
PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out
all of the activities and services set out in the Work Statement,
attached hereto and incorporated herein for all purposes as
Exhibit A, utilizing the funds described in Exhibit B, attached
hereto and incorporated herein for all purposes and,deemed by both
parties to be necessary and sufficient payment for full and satis-
factory performance of the program, as determined solely by CITY
and in accordance with all other terms, provisions and requirements
of this Contract.
No modifications or alterations may be made in the Work State-
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ment without the prior written approval of the City's Community
Development Administrator.
VII.
PAYNSNT8 TO CONTRACTOR
A. Payments to contractor. The CITY shall pay to the CON-
TRACTOR a maximum amount of money totaling $20,600 for services
rendered under this Contract. CITY will pay these funds on a reim-
bursement basis to the CONTRACTOR within twenty days after CITY has
received supporting documentation. Those CONTRACTORS h fail or
request reimbursement on a timely basis, may jeopardize present future funding.
Funds ara to be used for the sole purpose of paying for child
care as shown in the Budget, Exhibit B.
B. ZXCeee Payment. CONTRACTOR shall refund to CITY within
which has
CITY request, any sum of
ten ((10 by working CITY days of
and which CITY's
any time thereafter
been determines:
(1) has resulted in overpayment to CONTRACTOR: or
(2) has not been spent strictly in accordance with the
terms of this Contract; or
j (3) is not supported by adequate documentation to fully
justify the expenditure.
i
1 C. Deobiigation of runds. In the event that actual expendi-
tures deviate from CONTRACTOR's provision of a corresponding level
J of performance, as specified in Exhibit A, CITY hereby reserves the
\\\V J right to reappropriate or recapture any such underexpended funds.
D. Contract Close Out. CONTRACTOR shall submit the Contract
close out package to CITY, together with a final expenditure re-
port, for the time period covered by the last invoice requesting
reimbursement of funds under this Contract, within fifteen (15)
working days following the close of the contract period. CONTRAC-
TOR shall utilize the form agreed upon by CITY and CONTRACTOR.
VIII.
xhRRANTINS
CONTRACTOR represents and warrants that:
A. All information, reports and data heretofore or hereafter
requested by CITY and furnished to CITY, are complete and accurate
as of the date shown on the information, data, or report, and,
since that date, have not undergone any significant change without
written notice to CITY.
B. Any supporting financial statements heretofore requested
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by CITY and furnished to CITY, are complete, accurate and fairly
reflect the financial condition of CONTRACTOR on the date shown on
said report, and the results of the operation for the period
covered by the report, and that since said date, there has been no
material change, adverse or otherwise, in the financial condition
of CONTRACTOR.
C. No litigation or legal proceedings are presently pending
or threatened against CONTRACTOR related to the program described
in Exhibit A.
None of the provisis
authority under which herein CONTRA contravenes s doing sbusiness
or with the provisions of any existing Indenture or agreement of
CONTRACTOR.
E. CONTRACTOR has the power to enter into this Contract and
accept payments hereunder, and has taken all necessary action to
authorize such acceptance under the terms and conditions of this
Contract.
F. None of the assets of CONTRACTOR is subject to any lien
or encumbrance of any character, except for current taxes not
delinquent, except as shown in the financial statements furnished
by CONTRACTOR to CITY.
t;
Each of these representations and warranties shall be continu-
ing and shall be deemed to have been repeated by the submission of
each request for payment.
IZ.
COVENANTS
During the period of time that payment may be made hereunder
and so long as any payments remain unliquidated, CONTRACTOR shall
I not, without the prior written consent of CITY's Executive Director
of Planning and Development or his authorized representative:
(1) Sell, convey, or lease all or substantial part of
its assets; or
(2) sell, donate, loan or transfer any equipment or item
of personal property purchased with funds paid to CONTRACTOR
by CITY, unless CITY authorizes such transfer.
Z.
1 ALLOWABLE COSTS
3 A. Costs shall be considered allowable only if incurred
directly specifically in the performance of and in compliance with
this Contract and in conformance with the standards and provisions
PAGE 5
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set forth in Exhibits A and B.
B. Approval of CONTRA-J'TOR's budget, Exhibit B, does not
constitute prior written approval of the expenditure of funds, even
though certain items may appear herein. CITY's prior written
authorization is required in order for the following to be con-
sidered allowable costs:
(1) Encumbrance or expenditure during any one month
period which exceeds one-ninth (1/9) of any budgeted line
items for costs as specified in Exhibit B.
(2) CITY shall not be obligated to any third parties,
including any subcontractors of CONTRACTOR, and CITY funds
shall not be used to pay for any contract service extending
beyond the expiration of this Contract.
(3) out of town travel.
} (4) Any alterations or relocation of the facilities on
and in which the activities specifier'. in Exhibit A are con-
ducted.
(5) Any alterations, deletions or additions to the
Personnel Schedule incorporated in Exhibit B.
(6) Costs or fees for temporary employees or services.
(7) Any fees or payments for consultant services.
(8) Fees for attending out of town meetings, seminars or
conferences.
Written requests for prior approval are CONTRACTOR's responsi-
bility and shall be made within sufficient time to permit a
thorough review by CITY. Contractor must obtain written approval
by CITY prior to the commencement of procedures to solicit or
purchase services, equipment, or real or personal property. Any
procurement or purchase which may be approved under the terms of
this Contract must be conducted in its entirety in accordance with
the provisions of this Contract.
Xi.
MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status
of the funds received under this Contract, in compliance with the
provisions of Exhibit B, attached hereto, and with any other ap-
plicable Federal and State regulations establishing standards for
financial management.. CONTRACTOR's record system shall contain
sufficient documentation to provide in detail full support and
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justification for each expenditure. Nothing in this Section shall
be construed to relieve CONTRACTOR of fiscal accountability and
liability under any other provision of this Contract or any ap-
plicable law. CONTRACTOR shall include the substance of this
provision in all subcontracts.
8. CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation of programs and expenditures of funds
under this Contract for the period of time and under the conditions
specified by CITY.
C. Nothing in the above subsections shall be construed to
relieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Contract.
D. At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available to CITY, or any of
its authorized representatives, all of its records pertaining to
the TTRIPS Program and shall permit CITY, or any of its authorized
representatives to audit, examine, make excerpts and copies of such
records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or employment
and all other data relating to the program requested by said
representatives.
3
REPORTS AND INFORMATION
I At such times and in such form as CITY may require, CON-
TRACTOR shall furnish such statements, records, data and informa-
tion as CITY may request and deem pertinent to matters covered by
this Contract.
CONTRACTOR shall submit regular performance reports to CITY no
less than once each three months, with the first report due on or
before December 1, 1993. The performance report shall detail
client information, including race, income and other such statis-
tics required by CITY. CONTRACTOR agrees to gather information and
data relative to all programmatic and financial reporting as of the
beginning date specified in Section II and furnish to CITY quarter-
ly a report of all income received and funds expended. The first
such report is due on December 1, 1993.
If the agency receives federal funds in excess of $25,000,
from any source, or if for any reason an independent audit is
conducted, the CONTRACTOR agrees to submit an audit conducted by
independent examiners within 10 days after receipt of such.
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KONITORINQ AND EVALUATION O U
A. CITY shall perform ozr9ite monitoring of CONTRACTOR's
performance under this Contract.
B. CONTRACTOR agrees that CITY 'say carry out monitorina end
evaluation activities to ensnare adhe,ence by CONTRACTOR to tae Work
Statement, and Program Goals and objectives, which a.e attached
hereto as Exhibit A, as well as other provisions of this Contract.
C. CONTRACTOR agrees to cooperate fully with CITY in the
development, implementation and maintenance of record-keeping
systems and to provide data determined by CITY to be necessary for
CITY to effectively fulfill its monitoring and evaluation responsi-
bilities.
D. CONTRACTOR agrees to cooperate in such a way so as not to
obstruct or delay CITY in such monitoring and to designate one of
its staff to coordinate the monitoring process as requested by CITY
staff.
E. After each official monitoring visit, CITY shall provide
CONTRACTOR with a written report of monitoring findings.
F. CONTRACTOR shall submit to CITY copies of any fiscal,
management, or audit reports by any of CONTRACTOR's funding or
regulatory bodies which relate to any service described in Exhibit
A within ten (10) working days of receipt by CONTRACTOR. Also,
CONTRACTOR agrees to submit a copy of its annual audit within ten
(10) days of receipt.
E
live
DIRECTORS' XSETINGS
During delivered otCITY e pies ofsallnnotices Cof meetings shall of its cause
of
s Directors, setting forth the time and place thereof. Such notice
shall be delivered to CITY in a timely manner to give adequate
notice, and shall include an agenda and a brief description of the
matters to be discussed. CONTRACTOR understands and agrees that
CITY representatives shall be afforded access to all of the Board
of Directors' meetings.
Minutes of all meetings of CONTRACTOR's governing body shall
be available to CITY within ten (10) working days of approval.
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INSURANCE
A. CONTRACTOR shall obi,- - sound business practices with
respect to providing such bonding •4 insurance as would provide
adequate coverage for services offer under this Contract.
B. The CONTRACTOR shall require a c child care facility to
have premise liability insurance comr °%ly refuvred to as
"owner/Tenant" coverage and general liabilit, 1nsurance coverage in
amounts set forth in the TEX. HUTS. RES. CODE Al. q 42.0491 (Vernon
1994) for the premises on and in which the act: ':es described to
Exhibit A are conducted.
C. CONTRACTOR will comply wit), applicable works. compensa-
tion statutes and will obtain employers' liability cove).~gs where
available and other appropriate liability coverage for program
participants, if applicable.
D. CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles owned, leased or operated by
CONTRACTOR. All employees of CONTRACTOR who are required to drive
a vehicle in the normal scope and course of their employment must
possess a valid Texas driver's license and automobile liability
insurance. Evidence of the employee's current possession of a
valid license and insurance must be maintained on a current basis
in CONTRACTOR's files.
r E. Actual losses not covered by insurance as required by
this Section are not allowable costs under this Contract, and
remain the sole responsibility of CONTRACTOR.
XVI.
EQUAL OPPORTUNITY
A. CONTRACTOR shall submit for CITY's approval a written
plan for compliance with the Equal Employment and Affirmative
Action Federal provisions, within thirty (30) days of the effective
date of this Contract.
B. CONTRACTOR shall comply with all applicable equal employ-
went opportunity and affirmative action laws or regulations.
C. CONTRACTOR will furnish all information and reports re-
quested by the CITY, and will permit access to its books, records,
and accounts for purposes of investigation to ascertain compliance
with local, state and Federal rules and regulations.
D. In the event of CONTRACTOR's non-compliance with the
non-discrimination requirements, City may cancel or terminate the
Contract in whole or in part, and CONTRACTOR may be barred from
further contracts with CITY.
1 PAGE 9
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uvII.
CONFLICT OF INTEREST
A. CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Contract. CONTRAC-
TOR further covenants that in the performance of this contract, no
person having such interest shall be employed or appointed as a
member of its governing body.
B. CONTRACTOR further covenants that no member of its
governing body or its staff, subcontractors or employees shall
possess any interest in or use :pis position for a purpose that is
or gives the appearance of being motivated by desire for private
gain for himself, or others, particularly those with which he has
family, business, or other ties.
C. No officer, member, or employee of CITY and no member of
its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
f this Contract shall (1) participate in any decision relating to the i
contract which affects his personal interest or the interest in any
corporation, partnership, or association in which he has direct or
indirect interest; or (2) have any interest, direct or indirect, in
F this Contract or the proceeds thereof.
f xvIII.
NEPOTISK
CONTRACTOR shall not employ in any paid capacity any person to
perform the services described in Exhibit A who is a member of the
immediate family of any person who is currently employed by
CONTRACTOR, or is a member of CONTRACTOR's governing board. The
term "member of immediate family" includes: wife, husband, son,
daughter, mother, father, brother, sister, in-laws, aunt, uncle,
nephew, niece, step-parent, step-child, half-brother and
half-sister.
sIY.
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is
preparing or submitting any application for funding for the program
described in Exhibit B in accordance with the following procedures:
A. When the application is in the planning stages, CON-
TRACTOR shall submit to CITY a description of the funds being
applied for, and the proposed use of funds.
B. Upon award of or notice of award, whichever is sooner,
CONTRACTOR shall notify CITY of such award and the effect, if any,
PAGE 10
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of such funding on the funds and program(s) contracted hereunder.
Such notice shall be submitted to CITY, in writing, within ten e of
award (10) working days of t e ether withhcopiescof he bu get, prografunding
award by CONTRACTOR, 09
description, and contract.
C. CONTRACTOR shall not use funds provided hereunder, either
lica-
directly or indirectly, as a contribution, or to prepare applobtain an feral or ica-
written funds consent under of any federal or
tions the prior rivate
private program wi
XX.
cB WONG MM AKEMMUTS
A. Any alterations, additions, or deletions to the terms of
this contract shall be by written amendment executed by both
parties, except when the terms of this Contract expressly provide
that another method shall be used.
B. CONTRACTOR may not make transfers between or among ap-
proved line-items within budget categories set forth in Exhibit B
without prior written approval of CITY. CONTRACTOR shaallCrequ,est,
and
in writing, the budget revision in a form prescribed
such request for revision shall not increase the total monetary
obligation of CITY under this Contract. In addition, budget
revisions oed under this Contract nature, intent, or scope
of the program fund
C. CONTRACTOR will submit revised budget and program in-
the
formation whenever the level of funding for CONTRACTO heo total
contined described in any portion f altered Exhibit g ording
levels program(s)
D. It is understood and agreed by the parties hereto that
changes in the State, Federal or local laws or regulations pursuant
modi-
hereto may occur during the term of this Contract. Any
fications are to be automatically incorporated into this Contract
without contract on the effective date specified shall l the become a part of law or regulations
E. Any alterations, deletions, or additions to the Contract
Budget Detail incorporated in Exhibit B shall require the prior
written approval of CITY.
F. CONTRACTOR agrees to notify CITY of any proposed change
of e the change tract at
in hical east thirty (30) location calendar days in adance under
l
0. CONTRACTOR Program or shall its governsg board composition.
in the TTR
S. It is expressly understood that neither the performance
PAGE 11
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Exhib any of fundsibetween ov among said prop rams hwill be perm~ittedtransfer
XXI.
SUSPENSION OF FUNDING
Upon determination
each of the requi emen s, timed nsmand
and properly perform duties provided herein, CITY, without limiting any rights it may
otherwise have, may, at its discretion, and upon ten (i) king
days written notice to CONTRACTOR, withhold further payments
notice Executive shall
Board of Directors of CONTRACTOR. to
Officer and the Such
set forth the default or fai]ure alleged, and the action requires
for cure.
The period of such suspension shall be of such duration as is
appropriate to accomplish corrective action, but in no event shall
it exceed thirty (30) calendar days. At the end of the suspension
period, if CITY determines the default or deficiency +%een sat-
it+fied, CONTRACTOR may be restored to full compliaaa:• " atus and
paid all eligible funds withheld or impounded during the suspension
period. If, however, CITY determines that CONTRACTOR has not come
into compliance, the provisions of Section XXIII may be effectu-
ated.
Mr.
TERMINATION
A. CITY may terminate this Contract with cause for any of
the following reasons:
(1) CONTRACTOR's failure to attain compliance during any
prescribed period of suspension as provided in Section XXII.
(2) CONT his R's violation of covenants, agreements or
guarantees Contract,
(3) Termination or reduction of funding by the United
States Department of Housing and Urban Development.
(4) Finding by CITY that CONTRACTOR:
(a) is in such unsatisfactory financial condition
as to endanger performance under this Contract;
(b) has allocated inventory to this Contract
substantially exceeding reasonable requirements;
(c) is delinquent in payment of taxes, or of costa
of performance of this Contract in the ordinary course of
business.
PAGE 12
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(5) Appointment of a trustee, receiver or lty,or iquidator for
all or substantial part of CONTRACTOR'S Proper institu-
tion of bankruptcy, reorganization, rearrangement of or
liquidation proceedings by or against CONTRACTOR.
(6) CONTRACTORIS inability to conform to changes
required by Federal, State and local laws or regulations as
provided in section IV, and Section XXI (D), of this Contract.
(7) The commission of an act of bankruptcy.
(g) CONTRACTOR'S violation of any law or regulation to
which CONTRACTOR is bound or shall be bound under the terms of
the Contract.
CITY shall promptly notify CONTRACTOR in writing of the
decision to terminate a ending termination
dmaybe fmade~to aother effective Simultaneous notice of p
funding sources specified in Exhibit B.
B. CITY may terminate this Contract for ofveniencen at any
time. If this Contract is terminated by CITY
CONTRACTOR will be paid an amount not to exceed the total of
accrued expenditures as of the exceed an date of the
no event will this compensation
y same ratio
bears to the total services oof CONTRACTOR covered by the
performed
Contract, less payments previously made.
C. CONTRACTOR may terminate this Contract in whole or in
part by written notice to CITY, if a termination outside
herfunding lormance occurs upon which CONTRACTOR depends for port.
to
CONTRACTOR may opt, within the limitations of this
ovaltofc CITY,
seek an alternative funding the outsidehfundingpsource was not
provided the termination by source in
occasioned by a breach of contract as defined herein or as defined
in a contract between CONTRACTOR and the funding
question.
CONTRACTOR may terminate this Contract upon ahbreach dissolu fion of
CONTRACTOR's organization not occasioned by this
Contract.
D. upon receipt of notice to terminate, CONTRACTOR shall
cancel, withdraw, or otherwise terminate any outstanding orders or
subcontracts which relate to the performance of this Contract.
CITY shall nots, e able to encumbrance`s oro b 1 gationsNwha soevercincurred
for any expense
after tho termination date. CITY of its right of
E. Notwithstanding any exercise by
suspension or termination, CONTRACTOR shall not be relieved of
PAGE 13
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liability to CITY for damages sustained by CITY by virtue of any
breach of the contract by CONTRACTOR, and CITY may withhold any
agreed the exact amount of
reimbursement CONTRACTOR
CONTRACTOR is time as
damages due to CITY upon or otherwise
determined.
x%III.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action it,
made or brought by any person(s), firm, corporation or other entity
against CONTRACTOR, CONTRACTOR shall give written notice thereof to
CITY cwithin )or working days other action. Such notice oshall state such
date and hour of notification of any such claim, demand, suit or
other action; the names and addresses of the person(s), firm,
4 corporation or other entity making such claim, or that instituted
or threatened to institute any type of action or proceeding; the
basis of such claim, action or proceeding; and the name of any
mail.
writtensnotice nshallo be delivered ieither gpemade or rsonally r or threatened.
YYIV.
MISCELLANEOUS
i
A. CONTRACTOR shall not transfer, pledge or otherwise assign
this Contract or any interest therein, or any claim arising there-
en approval of other CITYfinan-
under twithout parties, the prior bank, trust
cial institution
B. If any provision of this Contract is held to be invalid,
illegal, or unenforceable, the remaining provisions shall remain in
full force and effect and continue to conform to the original
intent of both parties hereto.
YZV.
CONFLICT OF INTEREST
A. CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Contract. CONTRAC-
or h appointed Contract, no
TOR
a
covenants person having such interestn hthe all beo employed of
member of its governing body.
B. CONTRACTOR further covenants that no member of its
governing body or it staff, subcontractors or employees shall
possess any interest in or use his position for a purpose that is
or gives the appearance being motivated those desire
with whichphevhas
gain for himself, or r o hers, particularly
business, or other ties.
PAGE 14
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C. No officer, member, or employee of CITY and no member of
its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Contract shall (1) participate in any decision relating to the
Contract which affects his personal interest or the interest in any
corporation, partnership, or association in which he has direct or
indirect interests or (2) have any interest, direct or indirect, in
this Contract or the proceeds thereof.
ZYDI.
INDEMNIFICATION
A. It is expressly understood and agreed by both parties
hereto that CITY is contracting with CONTRACTOR as an independent
contractor and that as such, CONTRACTOR shall save and hold CITY,
its officers, agents and employees harmless from all liability of
any nature or kind, including costs and expenses for, or on account
of, any claims, audit exceptions, demands, suits or damages of any
character whatsoever resulting in whole or in part from the per-
formance or omisV on of any employee, agent or representative of
CONTRACTOR.
8. CONTRACTOR agrees to provide the defense for, and to
indemnify and hold harmless CITY its agents, employees, or con-
tractors from any and all claims, suits, causes of action, demands,
damages, losses, attorneys fees, expenses, and liability arising
out of the use of these contracted funds and program administration
and implementation except to the extent caused by the willful act
or omission of CITY, its agents, employees, or contractors.
C. In no event shall any payment to CONTRACTOR hereunder, or
any other act or failure of CITY to insist in any one or more
instances upon the terms and conditions of this Contract constitute
or be construed in any way to be a waiver by CITY of any breach of
covenant or default which may then or subsequently be committed by
CONTRACTOR. Neither shall such payment, act, or omission in any
manner impair or prejudice any right, power, privilege, or remedy
available to CITY to enforce its rights hereunder, which rights,
powers, privileges, or remedies are always specifically preserved.
No representative or agent of CITY may waive the effect of this
provision.
D. This Contract, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement, understand-
ing or other commitment antecedent to this Contract, whether
written or oral, shall have no force or effect whatsoever; nor
shall any agreement, assertion, statement, understanding, or other
commitment occurring during the term of this Contract, or subse-
quent thereto, have any legal force or effect whatsoever, unless
properly executed in writing, and if appropriate, recorded as an
amendment of this contract.
PAGE 15
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E. If the CITY pays CONTRACTOR funds which have been granted
by the Federal Government, in the event any disagreement or dispute
should arise between the parties hereto pertaining to the interpre-
tation or meaning of any part of this Contract or its governing
rules, codes, laws, ordinances or regulations, CITY, as the party
ultimately responsible to HUD for matters of compliance, will have
the final authority to render or to secure an interpretation.
F. For purposes of this Contract, all official communica-
tions and notices among the parties shall be deemed made as of the
date mailed if sent postage paid to the parties and address set for
below:
TO CITY: TO CONTRACTOR:
Pity Manager Superintendent
City of Denton Denton Independent School District
215 E. McKinney St. 1307 North Locust
Denton, Texas 76201 Denton, Texas 76201
IN WITNESS OF WHICH this Contract has been executed on this
the day of , 1944.
CITY OF DENTON~
BY! i
LLOYD V. HARRELL, CITY MANAGER '
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYs
PAGE 16
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DENTON INDEPENDENT SCHOOL
DISTRICT
BY:
ALBERT THOMAS
SUPERINTENDENT
ATTEST:
i
SECRETARY
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EXHIBIT "ATM
Work Statement
Denton Independent school District
(Teens Taking Responsibility for Parenting Success Program)
The Teens Taking Responsibility for Parenting success Program will
provide assistance with child care costs for the children of
students enrolled in the Denton Independent School District.
Students must meet eligibility criteria before receiving services
through the Program.
Currently, there are 21 children of eligible students and 21
pregnant students who are eligible for child care assistance. With
child care averaging $65 to $70 per we(.k per child, monthly
expenses should average $5,000. Billing will occur on a monthly
basis.
Eligible child care facilities must be either licensed by the State
of Texas or a registered family home.
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EXHIBIT "B"
Budget
Denton Independent School District
(Teens Taking Responsibility for Parenting Success Program)
Child Care Reimbursement . . . . . . . . . . . . . .$20,600
based upon receipts received
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J1\WPD0CS\0RD\SALESTAX.0
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ate
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF DENTON, TEXAS CANVASSING RETURNS AND
DECLARING RESULTS OF A SALES AND USE TAX ELECTION HELD WITHIN THE
CITY ON JANUARY 15, 1994.
WHEREAS, the City Council of the City of Denton, Texas (the
"City") duly authorized an election to be held within the City on
January 15, 1994 (the "Election") for the purpose of submitting to
the resident qualified voters of the City the proposition set forth
hereinafter in this preamble (the "Proposition"); and
WHEREAS, the City Council has investigated all matters
pertaining to the Election, including the ordering, giving notice,
appointing officers, and holding and making returns of the results
thereof= and said returns have been duly delivered to the city
Council for official canvassing of the returns thereof; and
WHEREAS, upon consideration of the returns of the Election, it
appears that the Election was held in accordance with the
authorized proceedings and was in all respects legally held after
proper notice had been given, and that the said returns were duly
and legally made, showing the following results:
PR;MSITION
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THE ADOPTION OF AN ADDITIONAL VOTES FOR:
ONE-HALF OF ONE PERCENT SALES
AND USE TAX WITHIN THE CITY TO
BE USED TO REDUCE THE PROPERTY VOTES AGAINST:
TAX RATE
NOW, THEREFORE,
THE COUNCIL OF THE CITY OP DRMN HERESY ORDAIN61
SECTION I. All of the recitals contained in the preambles of
this Ordinance arc found to be true and are adopted as findings of
fact by this governing body and as part of its official records.
SECTION II. It is further found and determined that the
results of the Election as canvassed and tabulated in the preambles
hereof reflect the expressed desires of the resident qualified
voters of the City.
SECTION Ill. As a result of this canvass, the City council
hereby finds and determines that a total of persons
r5 voted in the Election.
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PASSED AND APPROVED this the day of 1994.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERSt CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCN, CITY ATTORNEY
HY:
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CITY
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January 18, X14
CITY COUNCIL AGENDA ITEM
TOe Mayor and Members of the City Council
FROM$ Lloyd V. Harrell, City Manager
SUBJNCTe RECEIVE CITY COUNCIL APPOINTMENTS TO THE SOLID VAM MASTER PLAN
ADVISOR!! COMMITTEE (SNMPAC)
REOOMKINDATIONe
Finalize appointments to the Solid Waste Master Plan Advisory Committee.
BACKGROUND/SUMMARYe
The Denton City Council reviewed the Pnolic Utilities Board's
recommendations for the Solid Waste Master Plan Advisory Committee
membership on December 21st and January 11th. The Council decidede
1. That Council members would not actively participate as a Committee
member but would attend meetings as needed.
2. Residential representation appointed by each district council person
does not have to be from their district.
3. The Boards recommendation for six committee representatives from the
industrial and ousiness committee would be reduced to three.
4. A hicn school student would be added as an advisory
committee member.
SWMPAC air?ointments for the residential and the business members are to be
other provided ertitties the wiCity Council. The ll be provided by thosee entities. committee from the
PROGRAM/DEPPATMENT OR GROUPS AFFECTEDt
y Citizens of Denton, Denton City Council, Public Utilities Board,
Department of Denton Public Utilities
FISCAL IMPACTt
Fiscal impact unknown at this time. g
Respe ully su ,
o Akre
City Manager
Prepared by,
Howard Martin, Director
of Environmental operations
Approved by3
son, Execu va Director
Department of Public Utilities
Exhibit Ii Solid Waste Master Plan Advisory Committee Membership
Exhibit IIe Solid Waste Master Plan Advisory committee Task
Exhibit IIIeSolid Waste Management oosls
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SOLID WASTE MASTER PLAN ADVISORY COMMITTEE
A #'RE3E TATI NAME EXPERIENCE_, C MMENTS' .
CITY OF D N
1. Public Utilities Board Bob Coplen PUB
2. Public Utilities Board Lillie Clark PUB
3. Staff Howard Martin CHAIRMAN
4. Staff Bill Angelo •DASWTC Coro Member
RE IDENTIA S 1e Muni Famil
Council Appointments:
5. Residential Mark Chew
6. Residential Joyce Pool DASWTC Margret Smith
7. Residential _ Harold Perry
8. Residential Jerry Cott
M ER CIAL AND INDUSTRIAL
9. Business Alan McMillan Eutine Brock
10, Business Dale Branum DASWTC Jack Miller
11. Business Bob Castleberry
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12.Unhrersity of North Texas Ken Dickson DASWTC CO-CHAIRMAN
13.Texas Woman's University Harry M%uwser, DASWTC
14.Denton ISD Miko Eubank
IS.Denton ISD Dean Anthony
16.Denton High School Student
17. Denton County Government Don Hill County Commissioner
1 S.Upper Trinity RWD Tom Taylor General Manager
19.Chamber of Commerce Ann Faye Manager of the Mall
20.Denton Extension Agent John Cooper DASWTC Core Member
21.Denton Record Chronicle Kris Cobbler
' DASWTC - Denton Area Solid Waste Technical Committee
SWAC - Solid Waste Advisory Committee
Marshall Smith - Volunteer
Robyn Capeto - Volunteer
F R EC.1123R3MMCv%WAC.W83
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DENTON CITY COUNCIL
Solid Waste Management Goals
o Minimize the quantity and toxicity of waste produced from the
Denton community.
goal of of 50% of the current waste strem
o byReuse or
the year recycle 2000 a with minimum
period.
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I treatment and disposal in a o williprotectdpublic healtho safety and the environments that
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o Provide efficient, cost effective management of the
community's solid waste.
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o reguletoryrocompliance e ind all federal goals while mainidtawastining
operation.
o Actively public encourage
awareness comunity
of sol id wastes Issues, objectives
Increased and activities.
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SOLID WASTE MASTER PLAN ADVISORY COMMITTEE TASK
The Denton City Council, with guidance and direction from the
Public Utilities Board, has directed the City staff to initiate a
community developed and supported Solid Wasta Management Plan
(SWMP). The SWMP is to be developed utilizing a community advisory
committee, chaired by City staff, with reporting responsibilities
to the Public Utilities Board and City Council. The advisory
committee will consist of approximately 25 members representing a
cross section of the Denton community (See Exhibit I). It is
anticipated that the main advisory committee will assemble in
smaller groups, as needed, to address various issues in the solid
waste plan. These subcommittees may further involve special
community groups to investigate and develop the appropriate course
of action for specific issues. All committees and subcommittees
will be provided with administrative and consultant support as
needed to facilitate the master planning process.
In general, the Denton Solid Waste Management Plan will
identify demographic and waste stream estimates; assess adequacy of
existing waste management practices, programs and facilities;
identify and address short and long-range management alternatives;
coordinate the local solid waste activities with regional and state
initiatives; and recommend a plan of action to encourage and
achieve a greater degree of waste minimization, recycling and
resource recovery. The SWMP will address solid waste management
activities over a period of 20 years. Specific details and
implementation activities will be identified and presented in a
short-range planning period, one to five years, with less detailed
information for the intermediate planning period (6-10 yrs) and
general information for long range (11-20 yrs) planning period. It
is anticipated that this plan would require updating approximately
every five years.
CITY -
COUNC
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CITY OI DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566 8307
Office of the City Manager
MEMORANDUM
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DATE: January 14, 1994
k
TO: Mayor and Members of the City Council
FROM: Lloyd Harrell, City Manager
SUBJECT: Tax Abatement Committee
In May of 1990, the Council adopted a policy for tax abatement.
Part of that policy called for a joint committee on tax abatement
consisting of two elected representatives from Denton County, the
City of Denton, and the Denton Independent School District and one
staff member from each entity. The original Council appointments
' to this committee were Bob Gorton and Hugh Ayer and as there has
a not been much activity in this area, no other appointments have
been made. Recently, there has been some interest in this area and
staff is recommending that Council appoint two new members to the
committee.
If you require any further information, please let me know.
I
Lloyd Harrell
City Manager
ACCOO18C
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"Dedicated to Quality Service"
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RESOLUTION NO.
10'O/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
ADOPTING A POLICY FOR TAX ABATEMENT FOR THE CITY; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City council desires to promote economic develop-
ment within Denton; and
WHEREAS, providing tax abatement and other economic development
incentives within the City and its extraterritorial jurisdiction
will likely contribute to the economic development of Denton by
encouraging major investment and the creation of jobs; and,
WHEREAS, the Property Redevelopment and Tax Abatement act,
Chapter 312 of the Texas Tax Code, allows a City to establish its
own criteria for tax abatement; NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the policies, guidelines and criteria found in
the "Denton Policy for Tax Abatement` a copy of which is attached
hereto and incorporated herein for all purposes as though recited
verbatim, is in all things approved and adopted.
SECTION II. That the City of Denton elects to become eligible
to part cipate in tax abatement.
f
SECTION III. That pursuant to 5312.002(c) of the Texas Tax
Code, the elines and criteria adopted herein shall be effective
for two years, during which period the guidelines may be amended
or repealed by a vote of three fourths of the members of the
council.
P
SECTION IV. That this Resolution shall become effective im-
mediately upon its passage and approval.
i
PASSED AND APPROVED this the day of , 1990.
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ATTEST:
JENNIFER WALTERSt CITY SECRETARY
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BY•
APBR VED AS TO LEGAL FORM:
DL7RA A. DRAYOVITCH, CITY ATTORNEY ;
BY. cL~
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DENTON POLICY FOR
TAX ABATEMENT
,
1. GENERAL PURPOSE AND 083ECTIVES
The City of Denton (City), the Denton Independent School District
(OISD) and Denton County are committed to the promotion of high quality
development in all parts of the city and to an ongoing improvement in
the quality of life for its citizens. Insofar as these objectives are
generally served by the enhancement and expansion of the local economy,
the City of Denton, D1S0, and Denton County will, on a case-by-case
basis, give consideration to providing tax abatement as a stimulation
for economic development in Denton. It is the policy of the City and
! DISD that said consideration will be provided to accordance with the
g
procedures and criteria outlined in this document. Nothing herein 3
shall imply or suggest that the City, DISD or Denton County are under
1
any obligation to provide tax abatement to any applicant. All
applicants shall be considered on a case-by-case basis.
Tax inducements, as described in this policy, will be considered for
new, expanding and modernizing basic industries, corporate office
headquarters and distribution centers.
! IN L O
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11. CRITERIA
Any request for a tax abatement shall be reviewed by the Joint
.
Committee on Tax Abatement, said Committee being comprised of two
elected officials from each of the taxing entities involved. one
additional staff person from each jurisdiction shall be appointed to
serve as a nonvoting, ex officio member of the committee.
The Joint Committee on Tax Abatement serves as a recommending body to
the taxing entities regarding whether economic development incentives
should be offered in each individual case. Their recommendation shall
be based upon an evaluation of the following criteria which each
applicant will be requested to address in narrative format:
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1. History and Philosophy of the firm: i
1 ;
a) Nature of products and geographic penetration. ~
b) Financial statements for past five years or life of firm
whichever is shorter. I
c) Chronology of plant openings, closings, 6 relocations over past
15 years.
d) Record of mergers and financial restructuring during last five
years.
e) Record of employment and training provided for handicapped and
chronically unemployed.
4790K
(Rev. 01/26/90)
I Ito
2. Project Specifications: 012 -
a) Provide plat of project including all roadways, land use and
toning within 500 feet of site. Legal description of site is
required,
b) is the project a relocation or new facility to expand
operations. If relocation, give current location.
c) Project investment in real and personal property at the above
site for each of the next ten years.
d) Project permanent employment for next ten years resulting from
the new investment. Indicate number of jobs that will be
filled by people from outside the metroplex. Include estimated
average annual salary on new jobs.
e) What is the total current payroll and the projected payroll i
when project is completed.
f) Describe employment training requirements including provisions
for training handicapped and chronically unemployed if
applicable.
9) Project utility (gas, electricity, water, etc.) usage for each
of next ten years.
h) Estimate the infrastructure (streets, sewer, water, etc.)
requirements necessary to operate the new facility.
i) Estimate the annual operating budget for next ten years.
J) Will the occupants of the project be owner or lessees? If
I lessees, are occupancy commitments already existing?
k) Give the name, address, and telephone number of contact person.
3. The community impact of the project:
a) Project the value of real and personal property that will be
added to the tax rolls.
b) Using current rates estimate the additional taxes that will be
E directly generated by the project without considering any
proposed abatement for each of the affected taxing entities for
each of the next ten years.
c) For each taxing entity indicate the amount of tax abatement
requested for each of next ten years.
d) Estimate the increase in investment in other local businesses
resulting from the project for the next ten years.
4790M
(Rev. 04/26/90)
r
2. Project Specifications: Qg ~a1 ~8 cow
a) Provide plat of project including all roadways, land use and
zoning within 500 feet of site. Legal description of site is
required.
b) Is the project a relocation or new facility to expand
operations. If relocation, give current location.
c) Project investment in real and personal property at the above
site for each of the next ten years.
d) Project permanent employment for next ten years resulting from
the new investment. Indicate number of jobs that will be
filled by people from outside the metroplex. Include estimated
average annual salary on new jobs.
e) What is the total current payroll and the projected payroll
when project is completed.
j
f) Describe employment training requirements including provisions
for training handicapped and chronically unemployed if
applicable.
I
g) Project utility (gas, electricity, water, etc.) usage for each
of next ten years.
h) Estimate the infrastructure (streets, sewer, water, etc.)
s requirements necessary to operate the new facility.
i) Estimate the annual operating budget for next ten years.
f
j) Will the occupants of the project be owner or lessees? If
lessees, are occupancy commitments already existing?
k) Give the name, address, and telephone number of contact person.
3. The community impact of the project:
a) Project the value of real and personal property that will be
.idded to the tax rolls.
b) Using current rates estimate the additional taxes that will be
directly generated by the project without considering any
proposed abatement for Bich of the affected taxing entities for
each of the next ten years.
c) For each taxing entity indicate the amount of tax abatement
requested for each of next ten years.
d) Estimate the increase in investment in other local businesses
resulting from the project for the next ten years.
M
4790H
(Rev. 04/25/90)
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e) Estimate the increased housing needs in the area res ling from
the project for ten years.
f) Estimate the increase in the tax roils for each taxing entity
for the next ten years.
g) Estimate the infrastructure construction that would be required
because of the growth resulting indirectly from the project.
h) Provide the specific detail of any businesses/residents that
will be displaced and assistance that will be available from
the requesting entity.
i) Estimate the increase in students by grade level resulting from
the project including the multiplier effect (indirect growth)
for the next ten years. Show the increase for each impacted
school district.
~ j
Provide description of any historically significant area
included within the project's area. If any, give detail of how t
the historically significant area will be preserved.
k) Provide information of any detrimental effect on existing
businesses, recreational areas, and residential area.
a
1) Provide details of any benefit to an area of the community 11
targeted for revitalization/redevelopment. j1
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479014
(Rev. 04/26/90)
4
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M. VALUE OF INCENTIVES
The criteria outlined in Section Ti will be used by the Joint Committee
on Tax Abatement in determining whether or not it is in the best
interests of the affected taxing entities to recommend that tax
abatement be offered to a particular faW gty. Specific considerations
will include the degree to which the individual project furthers the
i
goals and objectives of the community, as well as the relative impact
{ I
of the project. New, expanding and modernizing businesses will be j
eligible for abatement if the minimum threshold, as described below, is j
I
met. t
Once a determination has been made that a tax abatement should be
offered, the value and term of the abatement will be determined by
i
referencing the following table:
t
TABLE 1: Establishes maximum length of abatement according to assessed real
property value of improvements and personal property.
VALUE OF STRUCTURE MAXIMUM MAXIMUM
AND PERSONAL PROPERTY YEARS OF PERCENT OF
IM Mil IONS ABATEMENT ABATEMENT
t 100 10 25%
80 9 2S%
65 8 25%
s0 T 25%
35 6 25%
20 5 25%
15 ; 25%
3 2S%
10
5 2 25%
479DA
(Rev. 04/26/90)
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If an existing business is located within the boundaries of the participating
jurisdictions and decides to expand or relocate within such boundaries, the
actual value of the structure shall be multiplied by I prior to utilizing
Table 1. If the expanding or relocating business is abandoning any property i
or improvements within the jurisdictions, the value of this abandoned property 3
shall be subtracted from the new value figure prior to multiplying the value
by 125%. j
The tax abatement shall not apply to any portion of the land value of the
project.
Applicants agreeing to extend infrastructure improvements (streets and
utilities) to improve other industrial sites which can be marketed by the
Chamber of Commerce Economic Development Director may be eligible for a
i greater tax benefit than those described above by utilizing tax increment
t
financing procedures. The offering of such an inducement will be evaluated on
a case-by-case basis dependent upon the applicant's ability to make available
{
improved industrial sites.
i
Prelisinary Application
IV. PROCEDURAL GUIDELINES
i
Any person, organization or corporation desiring that the City or
DISD consider providing tax abatement to encourage location or
expansion of facilities within the limits of the jurisdictions shall
be required to comply with the following procedural guidelines.
i 479011
(Rev. 04/26/90)
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Nothing within these guidelines shall imply or suggest that either the City,
or DISD, is under any obligation to provide tax abatement to any applicant.
A. Applicant shall complete the attached `Application for Tax Abatement.`
B. Applicant shall address all criteria outlined in Section 11 above in
narrative form.
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i C. Applicant shall prepare a map showing the precise location of the
property and all roadways within 500 feet of the site.
{
0. If the property is described by metes and bounds, a complete legal }
description shall be provided.
E. Applicant shall complete all forms and information detailed in items
E A through D above and submit them to the City Manager, City of
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Denton, 21S E. McKinney, Denton, TX 16201.
E ~
Application Revt:w Steps
14 i
F. All information in the application package detailed above will be
reviewed for completeness and accuracy. Additional information may
be requested as needed.
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(Rev. 04/26/90)
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6. The application will be distributed to the appropriate City and D1S0
departments for internal review and comments. Additional information
'I
may be requested as needed.
i
H. Copies of the complete application package and staff comments will be
provided to the Joint Committee on Tax Abatement.
f
Consideration of the Application 1
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1. The Joint Committee on Tax Abatement will consider the application at
a regular or called meeting(s). Additional information may be
requested as needed.
3
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J. The recommendation of the Joint Committee on Tax Abatement will be
forwarded, with all relevant materials, to the chief administrative
office of each taxing entity.
j
K. The City Council of Denton may consider a resolution tailing a public
hearing to consider establishment of a tax reinvestment tone.
L. The City Council of Denton may hold the public hearing and determine
whether the project is "feasible and practical and would be of
benefit to the land to be included in the zone and municipality.'
° Special consideration shall be given to policies noted to the Denton
Development Plan when designating a tax reinvestment tone.
41909
(Rev. 04/26/90)
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M. The City Cowicil of Denton may consider adoption of an ordinance
designating %he area described in the legal description of the
. proposed project as a commercial/industrial tax abatement zone.
H. The City Council may consider adoption of a resolution approving the
terms and conditions of a contract between the City and the applicant
governing the provision of the tax abatement and the commitments of
j the applicant. Should the commitx+ents subsequently not be satisfied,
the tax abatement shall be null and void, and all abated taxes shall
be paid immediately to the City of Denton and all other taxing.
j jurisdictions participating in the tax abatement agreement.
Provisions to this effect shall be incorporated into the agreement. i
0. The governing bodies of the various taxing entities may consider
ratification of and participation in the tax abatement agreement I
between the City of Denton and the applicant.
j
1 ~
Any tax abatement agreement will address various issues, including, but not
limited to, the following:
e
1. General description of the project;
z
2. Mount of the tax abatement and percent of value to be abated each
year;
4790A
x+ (Rev. 04/26/90)
,
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9. Method of calculating the value of the abatement;
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4. .Duration of the abatement, including commencement date and
H termination date;
K.,
S. Legal description of the property;
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6. Kind, number, location and timetable of planned improvements;
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7. Specific terms and conditions to be met by applicant;
6. The proposed use of the facility and nature of construction;
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9. Contractual obligations in the event of default, violation of tens
or conditions, delinquent taxes, recapture, administration and
assignment.
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Annual Evaluation
hrs.
Upon completion of construction, the Joint Committee on Tax Abatement shall
annually evaluate each facility receiving abatement to insure compliance with
the agreement and report possible violations of the agreement to the taxing
` entities.
4
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' 4790M
s (Rev. 04/26/90)
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Transfer or Assignment
A contract for tax abatement may be transferred or assigned by the original
5 applicant to a new owner upon the approval of the various taxing jurisdictions
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after such a recommendation is made by the Joint Committee on Tax Abatement.
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a 47909
(Rev. 04/26/90)
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APPENDIX AA
DEFINITIONS
A. 'Abrtement' means the full or partial exemption for ad valorem taxes of
` eligible properties in a reinvestment zone designated as such for
economic development purposes.
/F
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B. 'Agreement' means a contractual agreement between a property owner and a 3
taxing jurisdiction for the purpose of tax abatement.
C. 'Basic industries' are defined in the Denton Development Plan as those
which produce goods or services at least 51% of which are directed to
r
serve people outside of the City of Denton and are listed in the Standard
Industrial Classification (SIC) of the Department of Commerce, except for f
groups S2-59 under retail trade.
0. 'Expansion' means the addition of buildings, structures, fixed machinery,
or equipment for the purpose of increasing production capacity.
E. 'Facility' veins property improvements completed or to the process of
construction which together comprise an integral whole.
r
4?90A
(Rev. 04/26/90)
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F. 'Joint Coonittee on Tax Abatement' is a group of representatives from i
Denton County, the City of Denton, and the Denton Independent School
i
Distr'.t formed to study and evaluate any proposal regarding the offering
of tax abatements within the community. The Committee will consist of
two elected representatives from each governmental entity and one staff
Cam: F,
vember from each entity. The staff members shall serve as nonvoting, ex i
o.°ffcio mo-.tiers.
~d q
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6. 'Modernization' means the replacement and upgrading of existing
facilities which increases the productive input or output, updates the
technology, or substantially lowers the unit cost of operation, and
s extends the economic life of the facility. Modernization may result from
the construction, alteration, or instdllation of buildings, structures,
t
fixed machinery, or equipment. It shall not be for tht purpose of
reconditioning, refurbishing, repairing, or completion of deferred
maintenance.
f
M. 'Mew facility' means a property previously undeveloped which is placed
into service by means other than expansion or modernization.
r
i 1. 'Reinvestment Zone' 1s an area designated as su-1 for the purpose of tax
abatement as authorized by Subchapter 8, Municipal Tax Abatement, Title
3, local Taxation, Vernon's Texas Codes Annotated.
a
4790M
(Rev. 04/26/90)
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f x yMj~t~ Y n
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_r~s~ ice.
J. 'Tax increment financing' is the use of some or all of increased property
tax + revenue resulting from the redevelopment of an area to finance
4y
development-related costs in that district. Tax increment financing
divides tax revenue from the area Uto two categcries. Taxes on the
predevelopment value of the tax base (the tax increment base) are kept by
each taxing body, while some or all of the taxes from the increased value
of property resulting from redevelopment (the tax increment) are
deposited by each jurisdiction in a tax increment fund. Money in the tax
increment fund is used to repay TIF-backed bonds that are issued to 0
i
finance public improvements in the redevelopment area.
5
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+ 47909
(Rev. 04/26/90)
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P
APPLICATION FOR TAX ABATEMENT
1. PROPERTY OWNER
MAILING ADDRESS
TELEPHONE NUMBER
y
2. PROPERTY OWNER'S REPRESENTATIVE
ii MAILING ADDRESS
TELEPHONE NUMBER
t'
3. PROPERTY ADDRESS I
k, l I
PROPERTY LEGAL DESCRIPTION
(PROVIDE ATTACHMENTS IF BY METES AND BOUNDS)
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4. LOCATED WITHIN: CITY OF DENTON }
7 D.I.S.D -
r DENTON COUNTY
S. DESCRIPTION OF PROJECT:
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6. DATE PROJECTED FOR OCCUPANCY OF PROJECT/INITIATION OF
OPERATIONS:
1. NARRATIVE RESPONSE TO CRITERIA QUESTIONS IN SECTION II
I; ATTACHED. YES NO
COMMENTS:
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4796M
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14 J aro1ryt0.16,1994if a,rantSwil HANDOUT TO COUNCIL- 1-18-94
Cover Story
t :y
~l &k.'.~'oukAl►imahCo,emplo)ees .•`a~:,".
r %Iaro%tartiaand%taryEllen Good nan ?
Lai eawalk041am orIN eompant'Mrlom '
RigA c Empkleu t urdst al Tuwty'a onsi It
besllkandflaw•asanler.Tud9'aSitnecs 'r r
(a<11;rksiKfudearokiawei4hltrelnLl~
a1d ptswwal $lneat Pt9Dan P~a4
• r. t , ~1ti t
The debate over bedthcart«rcrm
is rail ing Ilu esttons that will ultimately affect
thcswctutcofhealth- are policy in thework• : , X r f
placei
And iIit lead intcompaAits10look onewat r,. w .ry "1,e 'A r
corporate wetlnessp rogramsaswayofed•
dresiASemployeebalthandcostclit, 4ti ,~',y. W.s
mcat.
Bolstered bytong•ternasludies.ionic corpo-
rate wcnotupro~ramrsuggest that both Issues an bt sueaafuLY addreued - sf emptayen
poll Is.
"A Di6 pproblem with wort•tlu well at" pro-
trill IS llatyou'rePrachintsothechoir.. . ' y^
says Neal Sofien, ke Aral m6naSer of Health it Work's division of SattWi CrOUP Health Co-
Tntivearpu et Sound, a top-rated, almost
yas old health maintenance orran iralioa
that WU%work•tltewcuntssproductaand ser•
1 vices to companies atrou the country. ,
"But uudla thow that if you as gel them
through the door. You as change their health,*
titsaysthucompaniesthatdecideuprront spends lOperunlofhertimeatTheTand90 Whatkeeps'emDoming? Pfuntettuystw
what they *an%their pro;ramstoaccomplish percent itTTaady. groups use thefitaeuualerthose whoweita
have inertasedehanasrorwiseinvestmeotof At To ody's onsile beil a Ad M neucenter in soculolandthetrot believem
resources is a corporate wetloesIefott. the Tandy Center Indown lowoFort Worth, "t see atosofpce le whooomerortheSocial
For in State. research Indicates that Nmost P1 uallaformermombtaaI.ovcrim10fall• aspect and tokcepfit. too,"shesays. "When
wctI lpro~tunsfocus oomodifiabie,ma• andparttimesuffenduring37hounaweekof theykaowpeopleandanvi"theytendto
suybklifestykbehavion Ttequeuiooi% aerobiaw•eishttniaingandpersonal fitotu sticllopro{ramah's~oothuenvironmentto
wtatbreatiuicandapppprrooyyriatefoeaoyyvee proyamptaonmgforemployees andtheir fami- meet andtalkiaTtutsralimponaatinthis
compaay?Eveoom At'sd06"bowever, lies aster.TbeatheresthescUmotivaedgroup"
`J there' sthepros ofpum[+~iuptmplooyYea "'*lbenaoemploycejoins,wehavearisk
roetbeptiviisgeot tameseeadeol2 faclorauestiomuretafllout."PluokettaYL
pctlaapommo feu 'Al a rtW toohigh,youtwelot ere Companies
on tawtteirwoAcut dulorirekaae.WsoReranolherfun uevalu•
Iout(orth:as.LutweektteNewYoATlmn Sting, but ifs am required. it'sjuasnother
Newsserviceu edthalareaattutbaal benefit and Dot intended lobe IITICUstomq•
Idephooepotlo 1,230 adultsbyPrinceton Sur- wrin ooatsavingsdowatheroad. joining r
veyRes al fortrevealoau+agarinefound "T~ereanwmaayotterttin{stomasurz
thattheoumberofpeopkwhosaytteyan Quality.finewnple. People whowohouttuve
smotenincreaodto30pent ato(respoodetilt move uill-awm,Ido )wtttumbeingskA a
in I " 2 from I S P41" at in I " 1. and they haveallinergyAnd todol preventive
And IsimfupotlIntttesummerbythe Memiam,about 100orthem, )S10a
AmerianDictetkAssoeiationfound that only elLod Seaer vim the facility at Dom
39ptraotorrespotvdcatswere doing aBtt~y ofmariloingiostreelclothes andusing the •
oouldloatabcalthydiet.oompuedwittN trudmillWeighuardiovasculaequipryeot, campaign !
Pcrctalthepreviousyear. bik sandstepsarealsopoputar,AndTandturts i
Still,boosurssuch 96IWvearioaEttcutive parted aWattin#Ctubtothefalkfree Ta '
Editoc MartBricuissaySuch blips oothefit• and alicrioanuves sngiven rorevery100 • to
neu4 A#mi earelobeetpeaedandthat. mikswalked are on
oven 4Pau 10 tun have broughtdnmatit
ctaogesto poahive altb habits.
Aadatheoevryeardawos ameloalootrr
pa rtes an upaadiog heir wetlata a Roru
The Fort Worth Transit Authority and Tandy
Cary. tavefilaeuprogralnslluttaveap +tea
totaougb emplayea to keepttem running The A HEALTHY
twoconceras art eontio uiag lotsperime of with
t heir prottra ms and incentives wilt the aid of I
cut uy lui lLcuffcnt tIhYMC~ agate Tile second of a two-part series • Story by Melanie Lee a Photr
Tarrant Byline
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Miss loroh n more thaa )a it ewe r Tre• A merkea Atrtisea emple) e
W Imo stress muasermell seminar it agkt by Ltoda CamylelL
s
to
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Pluakeett'sbigeestchalkoeeIS athird group, "PreveotiooTakesFiight,"an initiative beg"
Ibe"iaactives,"some o(wbomhave work edtor in IMSiaathen, adivision devoted topre-
Tandyfayears a4dhave Dever visited the on- nation aNvitieatubetapute&Theunit is
ter. directed by prevention manager L!u Holcomb,
"How do we ampeopkloebooumore Inave• Iearn whobeadsIseem area aadreports so
mend"Piwacttnri."How togetmoremPle ply
iahere Isthis sec4odphase lair ty.lhope we pavuuyspproyamofferinashaveiacreased
Watkin{Oubwillbelµ" nnually,withmineoovvtm lea.
J Mea4wts~e~uTteT leity'1/7konployee LaaYear, about S,S00ofthecompany'lap•
transitIVIWI),aboaIS irdofiuemployees proiimaut 10000oemployeescompletedpro.
!uvoit"edioacom asivewellneupro• veationvolai ~inthevaricusprogrtmswbkh
!in Y/ u our Eest mooiabuliDouts100 include NA.SA IIIguetninip&backandupper
arY body. arammogramscreeairialcohol mad
pip opeyawek a it in ot ermmo4ths.0SheH4T• drug abuse pavention,criticalincideoLiman
vhinand Other things. lIRA III alot orother b oia ap aaathWapromits,b aringco
fit"ceetoniothearaaadshartoewldeuu aarationudpreiWedwtooTbeplood
to what they're doing tokeeptheir employees banePatboetoprogram(trelNagtotaodkjob
interested id wellness." Igiurks) Is auodaiooryry for W S l100o flight at-
JohnsoauysahebopesthatTheTcasfollow ieridaoIsAManIS,070domestic field Cos.
tbcludo(otberproennis,such uthou at ployea&adIs themost utilized proeram,corn.
QuaketOsu Henlicy,whicbelTerrnon• tx4yVotes mnTimKioaidsaya8egioaing
CtM tmcemtiva►oemployees toStay fit. this spring, theeomp44ywill ofreracard ava
"Tbey'a0via&employees back the cost of culy •
their imIfactpremiums iftheystay balthy'" Says DIAL "We winevalwteclasses Rod
lomoom la ys participants andchanses in knowledge base Rod
AtFonWoMsArreriamAidines,medial ,yploot atraulufarthose rcaivigeduatia
directorlcifDavis overswlproenmcalled and thosewboareo't.Weill look forimprovo-
meet [us btaltb)and iyury rata because we on
It is will be Quit
basB foraviation to lte'9(14"
Eigtt Itousiod a mplo) ea participated is
IaRyeabeouia7N evelEmployee Heahk
and Faneu Day in May, s nd thisyar, Amen.
M wi3lbeone of the vent's w-sponsors For
the elf, American his also participated is
Sunfotluaivenit) SchoatofMedicine'sCa• '
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w.waw r,y.,,vte sou uA
Of the 476 Fors 11'atk Tnnsk Auth aority eW hnalvt %*Iran$prograekaga7 spokpwaataa
Pit) ns,ebowlalbirdlatrnrollNlarompit. NaayJokasa,
t
Wellness Up In gMOV40
rons
From Pane 1 S TT~parcaraa0e wwunars resat a
poMY
a earary
porau Na1th Prognm.l'AOUgA participation rno~da War Ms been mini Mal a far. Davismy$hehopes it N. U•re•JS%
w dl apand. "may,
MrsnwAite.VoughiAircraft Co.'smaethan
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6.OOOempfoyees.most ofwhom live inTarrant County. are bring offcredanew path to Alicia,
t,
With the installation of walking trails on its Grand Prairie and 0a8esamptnes. the Com• 7
pang his initiated a new phase in its wellness
cilorlt, says Jerry Cart, senior tier president
foradminisrntwnandwColson. r Called "Well, Well, Well - Winning
Through Eduction fora long t ire"the new * g0• 100. 460. 7604 Total
comprehensive rook a wtOneu services also •Q 149- Ta•/
includes aptnsion of current programs. In.
eluding mammograms, free Bu shoes and pra •ssad
motions for she annual Great Americas d,
Smokeoul.
Carr and Members of bit wellneuteam made aoumu:•rnsaror6nweolwo Now
a prevalation to the companys atcutlvt /rtvtieawtaOtrae4' u. S. oviewwe d tw.ion
counts) sus year, telliesf` them not to raped aW wew a.rcaa
4 uvingaottmight. But Ibeypoioled out that if
even one smoker who lookup wMASavoided I'mansw11wk . paatos
a polemitJ !100.000 bean wrgery, the pro- ptoyeestvbuvolunteer tosake it.
gram wou k prove i Ls swish. We're doing the wellness Program] For sev.
Cart says the company is also completing erst reasons," Carr uys, •'Everybody recall
negotiations with the Fort Worth and Dallas notes that health care costs alotofenuney.and
VMCM to offer companypaid memberships well employrea dory p to the doi a hen
fa Voughl employees and their families. The but were not targelim, just employees , . ,
company his ales purchased a comprehensive we're try ing to include f`mitin because Chats
health risk aueumcnt to administer to em- wheretherraleostsarc."
[sips tapansb4 to be market. As in Color Tilt
dolor lhroagh franchisea, with she stores, Cdorcarpct ciolow
company siom servi u en order Carpet from Choi
training ctnttra. One of the units of i"ort umpim
From Page I compssy Ces"C&rpet man Color[arpet employs arp<s
is a convened Color Tole in mdtuocultAtarpetbspa•
and advertising expenses 10 Fors W0011- At West Seventh ificationa.
Cola Tile equl t13 per- Street and UsiversityDrove. The saes also sep other
Color ile Color Tote storm typically now coverings snit ad.
As many is half of the SO is strip Centers. Sell floor and dilionalproducyg,
fnichiseoatsplanned fa wdlceverings,windo*treat' A ColsrCtrpel franchise
this yarcould be Colorfar• ntents, scaewnes and Mr. more would Cost bctwm
pet stars. Cola Tik has rices But they have longts- 190.000andS13 ox
uid. countered eustonter pertep rinalfy. Cow Tik it On.
The Company tauncbed lions that thty don't sell CU. sing ready to opasd its
ColorCarpelfill ynrwdhas Pc•- which att Ursts for TS 1`160n A Plenty Concept
two compantorned Isom percent of the flooravtring aArr isstroducing it in laic
in she %Ictroplc% a thud is soldtnilitUnnedSuln. Ii *ithone store in south
j . . Frlmymn Thar tr~r•.,
4
`,tom
a
rnwwa.ry.yage Waxen
Of the 47S Fore Worth Transit Aathodly car 60111e wdlnevsprograa4sayaTspoknwoaua
players.about@third hereecrolkl4anmpre• New)Juhtl*&
Wellness Up In smove
From Pale 15 farmalpliterup wan '
DAY WI ibaa a oil
Porate Health Program. Thoughpanicipation ratricu smehna pv2000
has bee n minimal to far, Dav is says he hopes it tr0ew r•,p
willcxpand.
Meanwhile. VoughtAircraR('o.'sMort thin ~r"rY_Te7
"00Cmpioyees.mouorwhomliveinTam51 lot
County.arebeingoReredaeewpathlofttness. ~lb fm6af(
With the installation of walking trails on its I'
Grand Prairie and Dallascampuset tbecom•
pan) has initiated a new Phase in in wellnets
eRons, says lent' Can, senior we president
for administration andsuppo4 ~j
Called "Well. Well, Well - Winning il~~
Through Education for a Long Life.- the new NA60• 100• 260. 760+ Total
comprehensive look at wellness services also ."A 219 716/
incluJcs expansion of curreat programs, in. _
cludin6 mamawgramy. Gee flu 0016 and pPrroo gland
mw oru for the annual Great Amer sfl p'• F
Smokeaut.
Cur andmeoiofhitwtllneutgmmade
/ a preuntatoto she company's rxecvtive aouwa:wW►s1lnyit vOnwMea
0a00&*Aes,4 u9 pq„ew,aw,r,
J council last year, telling them eta to expect woven sigivow
uvinµ overnight. But they pointed out Thal if
evenonesmoker whotook upwalking tvoided rmw"►a.sy,ew Pwcoog
a pwential 1100.000 heart wrlery, the pro PlOmwhovelunicertotakeil.
gram would prove its worth. We'redoing
(rhe wellneu proya mJ for sev.
Carr says 'x company is also completing eel reasons," Carr rays. 'Everybody t"*
negwfalmswith lhtFort Worth andDallas nlaes'be'health arecmmsabtoftnoncy,and
YMCA$10OffercomPanypaidmembenhifrs we0employendoalgatothedwo(u0Eer6,
fu Vought employees and theme families. The But we're eta urlelinjust emi)byen , , ,
company has also purchased a comprehensive we're tging to include I,mila because Ihat's
health risk asuumenl to Administer to am• where thereal costs sm-
Carpet e+Pansioa to be market As. is Color Tile
Coke Tile
through franchises, with the uttns CobrCar <
C
UIOr company corn servin a, en order carps from thou.
graining amen. one of th sands of i"lort sample,
From Page 1 companyeolorcarpet stores CatorCarpcl empla" Caron
i6 a caavtried Color Tile in raihstocutthecupel10IPM.
and advenising expenses to Fort Wonh, at West Seventh ifxa tiaras.
Cola Tile equal to 1) ptr• Street and University Drive. The stores also seg other
antofules. Cola Tilestormtypically nos. wverinp and ad-
As many is hlfofthexi in unpnnlen.ullfloaand dnrondproduttll,
franchise $torn planned for Pon Coverings, windowtreat• A Ca orCarpet Oanchise
this year could be ColorCar• ments, Accessories and ur• store would coal betwaa
Ptt store, Color Tile his rim. But they havebngen. 190.000and1130000,
mid. countered customer P'"p, Finally, Cob" Tile is tn.
The comoany launched lions that they don't tell ar• ling ready to expand its
Cclo(CarPetfast) carandhas OK rhleA aceounls Ill 73 Float A Plenty concept.
two companyowned scorn tK'rentortheflwreovenrtg $her imroduring it in late
to theSletroptel athudn voidmlheVnttedS4les. 1Di.wall one stortin soutl•.
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Tvranl Busineu f Januuy 10.16,1491
k Resources available to help
companies promote wellness
4 Constiurtinlc.,ne-o nihordu andFitneuDayinMay.
tountryYErwdonvakproduet. prpnitencncounaetomppaaay
kahkanisnspoaubkWrdmoat Wkipationreaardkuolcom•
S900billioein eapenditurevannu• pafly size. Ind offer a$22padetto
y.ya nrreotly kat than lpercent
helpparlicipanuawail event
Vananhahh<uedonamIslpealon withm0itle uonereek'akadtime,
prevention. The kittacludaaT• 1tirt,towel,
At inueis rchmin6oahealth Enrormalion,buttons anditntrue-
iaaadofdrieaae.Forlutance,life lions frsuck events aDuhkc
slykGcton-akaho~wokin~ Trask Aceordinbnoastional
s. drugs. VWt andrau+lanivilr erojeetadiredpWryAbotch,
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a ventablemelialcaLLaeardiylo Eetmaviryaaddolhetrpoda4td
tkeAmericaaMedical Association lytimytyralkiapanoundIndpick-
lit anpontylkNotioadUadu• Ia upUuk,"ForinWnnatiort,all
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vk*tL not Alcohol- Indtobacco- "HilrawWor Vlaanalternative
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(at i `bout wo ~ionprematurt Seattle's Group Health Coopen•
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