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CITY COUNCIL AGENDA PACKET
I 6/7/94
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AGENDA _2. ~
CITY OF DENTON CITY COUNCIL3te IQ Ts L
June 7, 1994
Work Session of the City of Denton City Council on Tuesday, June 7,
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
considered:
NOTE: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the Regular Session.
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5:15 p.m.
1. Executive Session:
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A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
1. Consider acquisition of real property near the
Spencer Water Treatment Plant.
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( C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
2. Receive a report, hold a discussion and give staff direction
regarding accepting assignment on ambulance billing.
3. Receive a report and hold a discussion regarding the
implementation of the 1995-99 CIP Program.
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4. Receive a report, hold a discussion and give staff direction 4
f regarding the televising of City Council Work Sessions.
5. Receive a report, hold a discussion and give staff direction f
} regarding the advertising of the position for a regular part-
#i time municipal judge.
Regular Meeting of the City of Denton City Council on Tuesday, June
71 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.
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A
1. Pledge of Allegiance
2. Consider approval of the minutes of May 3, 1994, Nay 4, 1994
and May 100 1994.
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Agenda No
Agendaltem
Date b-'7-QN
City of Denton City Council Agenda D{I.S
June 7, 1994
Page 2
3. Public Requests
A. Consider approval of a resolution te.:~horarily closing
Avenue E between Eagle Drive and Highland Street on
r Saturday, June ~1 from 7:00 a.m. - noon; 5:00 p.m. to
8:00 p.m.; and 10:00 p.m. to 11:30 p.m. for the Promise
Keepers Conference.
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B. Consider an exemption to the noise ordinance for the
Juneteenth celebration until 12 midnight on Friday, June
i 17 and Saturday, June 18, 1994.
i C. Consider an exemption to the noise ordinance for the Pro
Youth Rodeo Association until 12 midnight on Saturday,
June 11, 1994.
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4. Citizen Reports
A. Receive a citizen report from Joe Dodd regarding the
Parks and Recreation Summer Food Program.
5. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance annexing and temporarily zoning a tract of
' 19.69 acres located along FM 2164 and extending
J approximately 3,482 feet north of Bobcat Road (First
Re, . ng) (The Planning and Zoning Commission recommends
approval, 6-0).
6. Consent Agenda
Each of these items is recommended by the Staff and approval
the basis of the Staff recommendations.
thereof will be strictly on
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the staff
it 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 7.A,
7.H, 7.C). This listing is provided on the Consent Agenda to allow
Council Members to discuss or withdraw an item prior to approval of
c. 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.
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city of Denton City Council Agenda 30 t,5
June 7, 1994
Page 3
A. Contracts
the Denton ity rehabilitationnty Day Nursery
1. foreefunding ment with acil
k B. Bids and Purchase Orders:
1. Bid 11614 - Sale Scrap Transformers
2. Bid 11629 - Shoring Shields
3. Bid 11630 - Boring System Nursery
4. Bid 11b39 - Denton City/County Day
Renovation
5. P.O. 145135 - IBM
7, ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, 6.B.2. - Bid supplies #16291 6.B.3. _ Bid 11630)
B. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (6.B.4. - Bid 11639)
C. Consider adoption of an ordinance providing for the
expenditure of funds for purchases of materials or
equipment which are available from one source in
accordance with the provisions of state law exempting
E such purchases from requirements of competitive bids.
(6.8.5. - P.O. 145135)
D. Consider adoption of an ordinance approving a certified
local government grant with the Texas
The istorical
' Commission for a historical surveyv. (
Landmark Commission recommends app
II, B, Resolutions
A. Consider approval of a resolution authorizing the City
Manager to sign and submit to the Department of Housing
and Urban Development a Combined Final Statement of
Projected Use of
Community d HOME Program Description.
Funds and HOME Program Description.
B. Consider approval of a resolution authorizing an
amendment to the interlocal cooperation agreement with
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City of County Denton and Denton County rodsintenance for the
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City of Denton City Council Agenda ~Jo f'
June 7, 1994
Page 4
C. Consider approval of a resolution authorizing the city
Manager to execute Amendment No, 1 to the public
transportation contract with the Texas Department of
Transportation for funding public transportation.
t D. Consider approval of a resolution authorizing the City
Manager to execute an arson task force interlocal
' agreement with the City of Lewisville, Texas; the Town of
Flower Mound, Texas; the City of the Colony, Texas; and
Denton County, Texas.
E. Consider approval of a resolution authorizing the Mayor
to execute an agreement between the City of Denton and
AirDenton, Inc.
9. Consider approval of disposal of well sites No. 5 and 8. (The
Planning and Zoning Commission and the Public Utilities Board
recommend approval.)
10. Consider an appointment to the Board of Adjustment.
11. Vision Update
12. Miscellaneous matters from the City Manager.
A. Receive and consider a report on the KKK proposed
demonstration at MLK Park.
E 13. Official Action on Executive Session Items:
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A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
i 14. How Business
This item provides a section far Council Members to suggest
items for future agendas.
15. Executive Session:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
j B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOV'T CODE
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Sec. 551.074
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City of Denton City Council Agenda J OT~
June 7, 1994
Page 5
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of , 1994 at o'clock (a.m.)
CITY SECRETARY
{
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN j
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY j
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETAW S OFFICE.
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CITYO/DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEVS 76201
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MEMORANDUM
TO: Lloyd V. Harrell, City Manager
j FROM: Kathy DuBose, Acting Executive Director of Finance
DATE: June 3, 1994
SUBJECT: AMBULANCE BILLING
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A year and a half ago the Finance Department, in conjunction with the Fire
Department's Emergency Medical Staff, installed a personal computer based
ambulance billing system. This new system offered the ability to account for the
City's ambulance subscription service, electronically fife Medicare billing and build a
data base for gathering and reporting extensive medical and financial information.
The ambulance subscription service was put into place at that time to allow
i acceptance of assignment on insurance and Medicare billing for subscribers for a $31
month charge. For participants, once payment is received from Medicare, or an
insurance company, any remaining balance is written off and not charged to the
patient. The targeted market for the subscription service was individuals living on a
fixed income.
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As we committed at the time the computer system was installed and the subscription
service begun, we have completed extensive analysis and review of our processes to
report back to the Council.
The ambulance billing system has functioned extremely weil and has provided a 's
comprehensive data base of medical and financial information. Through analysis of
this data, we have confirmed that we have not realized the necessary participation in
the subscription service program to make it as successful as we originally anticipated.
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individuals on the subscription service. For those not on the service, the City files
Individual claims to Medicare and partial payment is forwarded to thb patient. The
City then bills the patient for the entire charge.
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8171566.820] D/FIN METRO 434-2529
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Memo to Lloyd Harrell .2,o
Juno 3, 1994
Page 2
Analysis reflects that of those patients during the past year that were billed directly,
the City received oniy forty-nine (49%) percent of the amount billed. Payments, when
received, were often made on an extended payment plan.
In prior reports to the Council concerning not accepting Medicare assignment, we
explained that Medicare paid on the basis of a "historical customary charge." At that
I time, the basis was $120 regardless of the actual charge. On our actual $200 base
fee Medicare paid only 60% of $120 (the historical customary charge) or $96. Our
analysis at that time reflected that, if assignment were accepted using that basis, the
City would lose substantial revenue, Well over a year ago, we requested that
Medicare review the appropriateness of that a charge and increase it. Medicare has
recently approved an increase to $200. They will now pay 80% of $200 or $160.
In re-examination of our current policy of nct accepting assignment for Medicare
patients not on subscription service, several issues came to light:
• Medicare pays only eighty (80%) percent of claims where the provider
does not accept assignment, but pays an additional five (5%) percent
(85% total) of claims where assignment is accepted.
• Supplemental insurances pay a twenty (20%) percent co-payment on
the base fee only and exclude most additional charges on claims where
assignment was not accepted. On claims where assignment is
accepted, supplemental insurances will usually pay on all charges not
paid by Medicare.
• W;Iere assignment is accepted, Medicare issues payment directly to the
provider within fourteen {141 days of electronic billing.
In the attached analysis, I estimate an additional $54,772 could be realized from
Medicare billings alone if assignment were accepted. Increased receipts from
supplemental Insurance could increase an additional $22,998. Because Medicare
1., payments (85% of billing) would be received within fourteen (14) days of filing, the
City would also benefit from interest earnings on the improved cash flow.
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I Memo to Lloyd Harrell pate - 1-')-9q
June 3, 1994 3
Page 3
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Atter discussions with Finance and EMS staff, I recommend that the City eliminate the
subscription service program and accept assignment on all Medicare claims. Not only
j would the City benefit financially, a good deal of goodwill would be derived from
lifting the financial burden from those citizens living on a fixed income and faced with
emergericy medical costs. For those subscribers who have paid for a full year we
would refund those months prepaid (approximately $2,445 to 243 subscribers). For
those that pay on a monthly basis, we would cease billing.
If you need further information, please advise.
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City of Denton
Ambulance Service
Medicare Billing
For tale year ending
5131194
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$153,323
Total Annual Medicare Billing $75,553
Total Annual Collections* 49%
Current Collection Percent
• Includes Supplemental insurance payments or SS,tt7
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If assignment accepted:**
$130,325
Total Medicare Receipts: (85%)
$54,772
increase over Actual Collection
Additional Supplemental Insurance: $22,996
Medicare Issues payment directly to the provider within
M days of electronic billing.
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SURVEY
CITY OPERATED j
AMBULANCE SERVICE
MAYv 1994
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Accept
City Assignment
Medicare
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Lewisville Yes
The Colony Yes
Farmers Branch Yes
Addison Yes
Irvin Yes
Garland Yes
Richardson Yes
Plano Yes
McKinney Yes
Sherman Yes
Dennison Yes
Dallas Yes _
Grand Prairie Yes
Carrolton Yes
Corpus Christie Yes
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CfTYOI DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCXINNEY / DENTON, TEX4S76201
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MEMORANDUM
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DATE: June 2, 1994 ;
TO: Lloyd V. Harrell, City Manager
FROM: Kathy Dubose, Acting Executive Director of Finance r
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SUBJECT: CAPITAL IMPROVEMENT PLAN 1995-99 i
The updated five
year
Capital Improvement Plan will I,e presented to City Council in
wor
kses
sfon next Tuesday,
June 7.
A
s you are a►iare, the majority of s. general
government bonds authorized in 1986 have been issued.
Of those
most represent matching funds for highway unissued bonds,
projects postponed by the State or
substantially reduced Jue to changes in the state funding formula (Loop 288 and
Highway 380). Other unissued bonds are for athletic and recreation projects. Tire
unissued drainage bonds represent projects where recommended use of interest earnings for funding as opposed to Issuing bonds.
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, During the Council Retreat on June 17, we will discuss potential bond issues, funding
r alternatives, and the timing of a bond election.
r Pleas~j advise if you have any auestinns regarding this matter.
.
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City of Denton a0
Authorized/Unissued Bonds
December 13,1986
Bond Election
(u of June, 1994)
(Ezpreued to Thousands)
Authr-Ized Issued Unissued
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Streetslrransportationjraffic Control $7,736 $4.629 $3,107
Drainage 3,466 3,166 300
Animal Control Center Expansion 185 185 0
Fire Station and Equipment 700 700 0
Athletic Fields/Neighborhood and
Senior Citizen Centers 5,950 4,100 1,850
Library Improvements 1,000 1,000 0
Law Enforcement Center/Court Complex 2,600 2`~0
TOTAL _?1=f~37 $1537
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CiTYOfDENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE {8171566.8200
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Lloyd V. H,:rrell, City Manager
DATE: June 7, 1994
SUBJECT: TELEVISING OF CITY COUNCIL WORK SESSIONS
Tha City Council decided to broadcast two work sessions from the
Council Chambers in order to evaluate the feasibility of televising
s work sessions on a continuing basis. This report provides an
update on the financial resources available for those broadcasts,
should the Council decide to continue them.
Money for current year cable TV operations is part of the Community
i Services Administration budget. The cost of broadcasting council
meetings and/or work sessions is the cost of paying our Cable TV
interns and purchasing video tapes. While money was not
specifically budgeted this year for broadcast of work sessions, it
appears that there would be nearly enough money to continue work
session broadcasts through September, If the Council should choose
to do so. This would preclude our doing anything else with our
cable interns, including re-broadcasting any of the Council
k meetings or filming other city activities or events.
RESPECTFULLY SUBMITTED;
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1 loyd V. Harrell
City Manager
` Prepared by:
Richard Foster i
public In°ormatir, officer
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TELEVISE CITY COUNCIL WORK SESS
FINANCIAL ANALYSIS o~c° a of
PERSONAL SERVICES
Personal services dollars remaining
as of May 16 . . . . . . . . . . . . . . . . $2,525
Cost of broadcasting remaining
City Council meetings . . . . . . . . . . . . . . . . $1,004
(5178 6/7j 621; 7/5j 719,
7/191 8/2v 8/16F 9/6, 9/20)
Assumes 5.5 hrs./meeting;
S 3 interns; $6.76/hr.
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BALANCE . . . . . . . . . . . . . . . . . . . . . . $1j521
Cost of broadcasting work sessions on
t regular Council meeting nights . . . . . . . . . . . $ 457
F Assume 2.5 hrs./meeting;
3 interns; $6.67/hr.
BALANCE . . . . . . . . . . . . . . . . . . . . . . . $1,064
r, Cost of broadcasting work sessions on
second and fourth Tuesdays
r„ plus the fifth Tuesday in August $10187
(6114, 6/280 7/12, 7/26
Y4' 8/90 8/23, 8/30, 9/130 9/27)
r Assume: 6.5 hrs/meeting,
j 3 interns; $6.76/hr.
BALANCE . . . . . . . . . . . . . . . . . . . . . 123)
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TELEVISE CITY COUNCIL WORK SESS5 S
FINANCIAL ANALYSIS o~ie -
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VIDEO TAPES
a Collars available for purchase of
video tapes . . . . . . . . . . . . . . . . $298
Tapes needed for regular meetings
18 Super VHS
9 VHS
Tapes needed for work sess..,:s
27 Super VHS
27 VHS
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Totals: 45 Super VHS
36 VHS
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Tapes in stock:
14 Super VHS
13 VHS
Need to purchaso:
31 Super VHS 0$12.50 ea . . . . . . . . . . . . . . . . $388
23 VHS @ $5 ea . . . . . . . . . . . . . . . . . . . . ll~
TOT. COB7 $503
DOLL-AAB AVAILABLE $248
NET DOLLARS AVAILABLE ($205)
Note: We can re-use tapes from previous Council meetings after
90 days, so that could be a way to reduce our tape costs.
Super VHS tapes serve as "master" tapes and rare stored in the
Public Information Office. VHS tapes are taken to the Emily
Fowler Library for check-out by the public. ;
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DB'b'f Denton city council Minutes ~S qq_oo
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May 24, 1994 Ag8R4d~1E ~
Page 11 Q3t9~--
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Portugal stated that Question 6 dealt with advertising for the
position. Council decided at the prior meeting to follow the
procedures used by Human Resources for other City positions.
Council Member Miller asked what was the normal procedure for
considering individuals within the organization before going out-
of-rouse.
Klinck stated that it would be the discretion of Council whether to
post the job internally or post it out-of-house. Normally special
agreement individuals were contract employees and were not
considered city employees. A contract employee could not apply for
an in-house position.
Council Member Miller asked if it were legal to first post the
position in-house.
City Attorney Drayovitch stated that the contract judges were not
currently city employees.
Klinck stated that the contract judges were appointed by Council.
As the Council appointments were different from the City Manager
appointments, the Council could define the selection process in any
way it wanted. The contract judges and any assistant city attorney
would be the only individuals who could apply in-house.
Council Member Cott did not want to any perception of wrong doing
and suggested posting out-of-house.
3
Council Member Chew felt that the position should be posted in-
house as it was a legal position and any current contract judge or
~J assistant city attorney could apply for the position.
Klinck suggested that the Subcommittee could look at the internal
applicants and if they had no recommendation to Council, the job
could then be posted out-of-house.
Mayor Castleberry suggested posting the position in-house first and
then post out-of-house if there were no applicants.
Council Member Perry felt the position should be posted out-of-
house in ensure that there was no question regarding the position.
Mayor Castleberry stated that the first proposal was to post the
job internally and if there were no applicants, the job would be
posted out-of-house.
Consensus of the Council was split with Council Members Smith,
Perry and Cott wanting to post out-of-house and council Members
Miller and Chew and Mayor Castleberry wanting to only post in-
house.
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MEMORANDUM
To: Lloyd Harrell - City Manager
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From: Tom Klinck - Director of Human Resources
Date: June 3, 1994
z Subject: Regular Part-time Municipal Judge
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r Lloyd, this memo is to provide follow-up information for the
City Council concerning the recruitment, selection, and
placement of the regular part-time Municipal Judge.
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Enclosed with this memo for Council consideration and
discussion on June 7, 1994:
1. Proposed Job Description - this has been reviewed and
revised based on the City of Carrollton's job description
reviewed by Council in previous discussions. It has also
been reviewed by the Municipal Judge, Sandra White.
2. Proposed Job Opportunity Announcement - this draft has
been developed for Council consideration.
3. Estimated Recruitment Timelines - this chart provides
tentative schedules depending on Council's desire to post
the position "in-house" or to the general public. This
schedule is flexible based on Council's availability,
advertising deadlines (if needed), etc.
l I will be prepared to assist the Council with any information
or questions they have regarding the recruitment, selection,
and filling of the this new Council appointed position.
Thomas W. Klinck
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8/3/94
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ESTIMATED RECRUITMENT TIHELINES
FOR ASSISTANT MUNICIPAL JUDGE POSITION
INTERNAL POSTING ,FXTERNAL4_FOSTING
******If approved 6/14/94************* ******If approved 6/14/94**************
o Post on 6/16/94. o Advertise position*; assume 15th of
month deadline for following month
publication.
o Minimum opening 4 days, closing at o Allow at least end of following month '
5:00 p.m., 6/20/94, before closing the ~
position (estimated ;
by 7/29/94).
o Send applications to review committee o Send applications to review committee
by 6/21/94. by 8/1/94.
o Committee reviews applications o Committee reviews applications
(estimate 2 weeks), and makes (estimate 2 weeks), and makes
recommendations to City Council by recommendation to City Council by
7/5/94 (work session). 3/16/94 (work session).
o City Council interviews top candidates o City Council interviews top candidates
(estimate 1 week) by 7/19/94. (estimate 2 weeks-depending on out-of-
town candidates) by 9/16/94.
o Make final decision and offer to top o Make final decision and offer to top
candidate by 7/26/94. candidate by 9/13/94.
1
o Position filled upon acceptance of *Timelines vary per publication.
offer and agreed upon hire date (i.e., *if advertising in newspapers only, this o
nuificient notification to current timeline can be reduced. 1
supervisor).
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JOAI S
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ASSISTANT MUNICIPAL COURT JUDGE
r! SALARYt
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t DEPARTMENTt MUNICIPAL JUDGE }
JOB SUTDAARYI strati
Under M ~
rection
Cou MunicipalsCou t se si ns and ifun tionsoas ahmagistrate to Ad~oinister juatlca
y" in the disposition of cases involving ordinance or statutory misdemeanor
violations within the jurisdiction of the Municipal Court.
MAJOP. DUT7pae
y o Performs Municipal Judge and Magistrate duties as outlined in Texas State
Law, and as scheduled by the Municipal Court Judge.
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o Presides over trials and rerlers ud
violations of city ordinanc e, trafficsviolations sande any othertcases
within the jurisdiction of the Municipal Court. t
o Authorizes issuance of warrants, summons, magistrate warnings, etc.
o Arraigns prisoners, note bonds, reviews fines, and accepts pleas.
o Facilitates efficient disposition of cases and other matters connected
with proper processing of paperwork through the Court Clerks office.
o May be assigned to sit and perform all functions that would normally be
performed by the Municipal Judge as needed.
o Performs other related duties as directed by City Council and the
Municipal Judge, in accordance with State law.
1
MINIMUM OUAf IFICATIONSt
o Jurls Doctorate from an accredited institution.
o License to practice law in the state of Texas (and be in good standing).
i
o United states citizen.
o Resident of the state of Texan.
o Valid Texas Clasp C driver's license.
CONDITION OF EMPLOY FH
1 o Will be required to preside over =at evening court dockets and any other
dockets as assigned by the Municipal Judge.
J'
o Must be available to be called on to perform duties at unisual hours,
including eveninge, weekends and holidays.
Ypm"kca FOR lHPLaYMFNTt
,
o May be given to person with experience in the practir- -f crLai tl law.
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APPROVAL DATES
REVISION DATEt
PAY ORADEt_.
DEPARTKrNTr Lecal DIVISION:
JOB TITLE: Assistant Municipal Court Judoe JOB NUMBER.
TITLE OF IMMEDIATE SUPERVISOR:
JOB SUMMARYt
Under the administrative direction of the City Council, presides over
Municipal Court sessions and functions as a magistrate to administer justice
in the disposition of cases involving ordinance or statutory misdemeanor
violations within the jurisdiction of the Municipal Court.
MAJOR DUTIES:
o Performs Municipal judge and Magistrate duties as outlined in Texas State
Law, and as scheduled by the Municipal. Court Judge.
o Presides over trials and renders judgments for misdemeanor violations,
violations of city ordinances, traffic violations and any other cases
'r within the jurisdiction of the Municipal Court.
o Authorizes issuance of warrants, summons, magistrate warnings, etc.
o Arraigns prisoners, sets bonds, reviews fines, and accepts pleas.
f
! o Facilitates efficient disposition of cases and other matters corrected
with proper processing of paperwork through the Court Clerks Office.
o May be assigned to sit and perform all functions that would normally be
j performed by the Municipal Judge as needed.
o Performs other related duties as directed by City Council and the
J Municipal Judge, in accordance with State law.
j MINIMUM OUALIpICATIONSs
c Juris Doctorate from an accredited institution.
o License to practice law in the state of Texas (and be in good standing).
o United States citizen.
o Resident of the state of Texas.
o Valid Texas Class C driver's license.
CONDITION OF EMPLOYMENTt
0 Will be required to preside over most evening court dockets and any other
dockets as assigned by the Municipal Judge.
o Must be available to be called on to perform duties at unusual hours,
including evenings, weekends and holidays.
? PREFERENCE FOR FOR EMPLOYMENT:
i
f o May be given to person with experience in the practice of criminal law.
1 Marcar/AAA024C7
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t.~eadalte
CITY OF DENTON CITY COUNCIL MINUTES
May 3, 1994
The Council convened into the Executive Session on Tuesday, May 3,
1994 at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
i Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
1. The Council convened into the Executive Session to discuss the
following:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Considered authorizing the city Attorney to file an
j amicus brief in City of San Antonio v Rodriguez.
2. Considered settlement 1n claim of Mr. and Mrs. L.
Brown.
3. Considered possible action against Fox-51, Inc. for
violations of lease.
B. Real Ectate Under TEX. GOVT CODE Sec. 551.072
v
( C. Personnel/Board Appointments Under TEX. GOVT CODF
Sec. 551.074
The Council convened into the Work Sessior on Tuesday, May 3, 1994
at 5:45 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
1. The Council received a report and held a discussion regarding
the Community Development Advisory committee recommendations for
the 1994-95 program year.
Barbara Ross, Community Development Administrator, stated that in
January, public hearings were held to gain citizen input on the use
of CDBG and HOME funds. Staff advertised the availability of funds
and assisted many individuals in preparing applications for
funding. The City Council ranked the eligible activities in
r~ February and staff members reviewed and ranked applications for
funding. The Community Development Advisory Committee held
hearings to receive additional information and discussed each
request for funding.
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City of Denton City Council Agenda a Cf 3y
May 3, 1994
Page 2
Mayor Castleberry asked why TWU Cares was not included in the
recommendation.
Ross replied that the Chair of the Community Development Adviscry
Committee would be able to answer that question.
Curtis Ramsey, Chair-Community Development Advisory Committee,
stated that staff and members of the Committee had worked very hard
on the recommendations presented to council. The Committee had
received proposals which far exceeded the amount of available
funds. He reviewed the recommendations for funding as proposed by
the community Development Advisory Committee. Those
recommendations included $105,702 for the Homebuyer Assistance
Program; $26,000 for an Owsley Community Center; $2.10,000 for
Chambers Street drainage; $12,600 for MK & T Railroad culvert
A improvements; $35,583 for Chambers, Boardwalk, Park Lane, Simmons
repaving; $14,140 for a SPAN vehicle; $100,000 for American Legion
renovation; $45,000 for Denia playground improvements; $10,400 for
MLK playground improvements; $200,000 for Fred Moore Child Care
1 renovation; $22,223 for City-County playground drainage; $14,957
for Fairhaven rehabilitation; $65,000 for demolition and clearance;
$7,500 for AIDenton; $18,000 for Hope Transitional Housing; $19,000
for MLK After School Action Site; $13,000 for King's Kids Summer
Program; $8,000 for After School Action Site Scholarships; $10,000
for Owsley Summer Program; $41,500 for SPAN Transportation; $33,000
for Rainbow Connection; $8,420 for ADA compliance; $17,000 for
housing rehabilitation; and $237,000 for program administration.
Mayor Castleberry asked how those recommendations were in line with
the Council survey.
Ramsey felt it was a good fit and felt they were on track with
council suggestions.
Co:incil Member Cott asked if the City had to outlaw, any mcne1 to
receive these federal funds.
Ramsey rcglied that this was not a match..ng grant program so n;.
money would be comin.j from the City.
Council Member Cott asked if there would be any expenditure of
people order to accept the funds.
Ramsey replied no.
Ross stated that the HOME program did require a program match from
the City. The math which the City int,nded to use would bi
properties which were avaiiable for new homes. A proposal was also
being made to the Denton County Housing Financo Corporation Lou
additional funds for more construction.
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City of Denton City Council Agenda o ~3 C)
May 3, 1994
Page 3
City Manager Harrell stated that all administrative costs were
funded from the block grant proceeds. The City did not charge the
program for indirect administrative costs as many other cities did
and did not charge for accounting personnel who worked on the grant
administration.
Council Member Miller stated that he had questions regarding some
of the funding suggestions. He questioned what would be the use
for the American Legion building, who would operate it, would it
require additional maintenance funds from the City, and what would
be the impact of moving the COPS program from the Phoenix Apartment
area.
s
Ross replied that the Parks and Recreation Department was working
on an agreement with the American Legion to take possession of the
property and would be responsible for the maintenance of the
facility. Senior citizens would use the building as a craft house
and for special events such as wedding receptions. The COPS program
would use the building as a base of operations during special
events.
I Mayor Castleberry questioned having two facilities so close
together as MLK was not being used to capacity. He felt Council
needed to look closely at the proposal with the Legion building.
He was concerned that there be enough funds available for low
income neighborhoods in the community for such projects as paving
and drainage improvements.
City Manager Harrell stated that this year there had been a
substantial increase in block grant funding. There were
approximately $1.4 million worth of street/drainage projects
submit4-ed and the Committee only recommended $200,000 for funding.
He asked Chairman Ramsey for the Committee rationale for those
types of recommendations.
Ramsey replied that they t=ied to achieve a balance. All of the
available funding could have been used for paving and drainage
projects but the committee did not feel that thrt was proper.
Mayor Castleberry asked for a list of the projects which were no',
reo.)mmendod for funding.
Coilncil Member Bro: k felt trat it would be helpful to have someone
on the Police De,)artment review the plan for regarding the
r' possibility of moving the COPS program from the Phoenix Apartments.
She would lik4 a plan for the COPS program if the Legion build: Q
were renovate9. she also asked for specific infc 'on abo,.,,
the state/federal funds whist. w Id ne used for 0he :i AN program.
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City of Denton City Council Agenda a 6 37
May 3, 1994
Page 4
Council Member Perry asked for additional information regarding the
use of the Legion Building for senior citizens.
Council Member Miller asked if the American Legion building was a
City owned building.
Council Member Chew replied that the Legion was a City owned
building. He felt that the problems with the Fred Moore Park would
be eliminated if the COPS program were there.
2. The Council received a report and held a discussion regarding
the Human Services Committee recommendations for the 1994-95 agency
funding.
Sandy Kristofersen, Chair-Human Services Committee, detailed the
recommendations for funding which included $3,500 for the Community
Food Center; $2,000 for the Denton Christian Pre-School.; $21,000
for the Denton City-County Day Nursery; $28,000 for the Fred Moore
Child Care Center; $20,000 for Friends of the Family; $5,000 for
HOPE, Inc.; $30,000 for the North Texas Community Clinics; $7,500
for RSVP; and $26,000 for SPAN. The Council had indicated that
children and youth were a priority and the Committee's
recommendations reflected those priorities. The budget
recommendation included an additional $1,700 in general fund
dollars to be allocated for human services agencies. This was a 2%
increase over last year's level of $148,300.
4 Council Member Cott stated that it took time to get an agency
`I established. If the City pulled back money it would be difficult
for some agencies to get other funding. He suggested that the
Council get involved in specific long term funding for certain
agencies.
Kristofersen replied that the Committee had difficulty in that it
had more requests than money.
Marion Hamilton, Executive Director of the Denton Housing
Authority, stated that it was difficult for an organization, once
it had started, to find operating funds. She felt that in terms of
approaching the Human Services Committee and asking for operating
funds, the agencies were receiving mixed messages for funding. She
suggested developing firm guidelines regarding what the Committee
was looking for when making a recommendation. Health care was a
very pressing need for low income individuals. TWU Cares helped
addr-is those types of health needs.
r
Mayor Castleberry stated that he undersLoou that in 1939 or prior,
some of the funds were available for a three rear basis and then an.
agency would have to find its own funding. He asked that that
information be presented at the next meeting so that Council would
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City of Denton City Council Agenda
May 3, 1994
Page 5
know the guidelines.
Council Member Miller stated that he had some concerns as some
agencies had received funding for a long period of time, and some
agencies only could receive short term funding. He felt that mixed
signals had been sent out regarding this funding. He felt that the
message given out was that new programs should not be created that
would take funding from established programs.
Kristofersen stated that very few of the agencies recommended for
funding were new programs. The only new programs recommended for
funding were City generated programs.
Due to a time constraint, this item was continued during the
Regular Session under Miscellaneous Matters from the City Manager.
3. The Council receive a report, held a discussion and gave staff
direction regarding the Design Guidelines. The Planning and Zoning
commission recommended approval contingent upon City Council
funding the legal review of the zoning ordinance rewrite as
recommended by the Zoning Ordinance Task Force (6-0).
Due to a time constraint, this item was considered in the Regular
Session under Miscellaneous Matters from the City Manager.
4. The Council received an update on the Empowerment Zone,
Enterprise Community strategic planning effort, discussed the
process and gave staff direction.
Due to a time constraint, this item was considered in the Regular
Session under Miscellaneous Matters from the City Manager.
5. The Council received a report and held a discussion regarding
procedures at the City of Denton Animal Control facility.
Due to a time constraint, this item was considered during the
Regular Session under Miscellaneous Matters from he City Manger.
The Council convened into the Regular Meeting on Tuesday, May 3,
1994 at 7:00 p.m. In the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
1. Pledge of A' ?giance
The Council and members of the audience recited the Pledge of
Allegiance.
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City of Denton City Council Agenda
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May 3, 1994
Page 6
2. The Council considered approval of the minutes of the special
call Session of March 291 1994 and the Regular Session of April 5,
1994.
Perry motioned, Smith seconded to approve the minutes. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Mayor Castleberry presented the following proclamations:
National Preservation Week
Arson Awareness Week
Drinking Water Week in Denton
Mayor Castleberry stated that the City would be receiving an award
for the "Best Tasting Water Contest".
Peggy DeFour, President of North Texas Chapter of Laboratory
Analysts, presented the City with the award.
3. The Council received a citizen report from Mike Alexander
regarding the overpopulation of animals.
Mr. Alexander stated that he wanted to make a greater awareness
that pet owners had to have responsible behavior regarding the
overpopulation of animals. He suggested some type of legislation
regulating the breeding of animals that would include specific
goals for numbers, data collection and evaluation. Pet
overpopulation effected all and he suggested that there be no
breeding without a license. Such a breeding ordinance would
decrease the number of unwanted animals in the City and in the
J County. He asked the Council to regulate breeding by requiring a
~-J license.
4. Citi' en Request
A. The Council considered approval of a resolution requested
by the Owaley Coalition to temporarily clone charlotte Street
between Avenue H and Bonnie Brae Street on Friday, May 20, 1994.
Joseph Portugal, Assistant to the City Manager, stated that this
' request was from the Owsley Coalition for an annual block party.
This was the fourth year for the event and a number of United Way
7 organizations were participants. Police officers would allow
residents to cross the barricades if necessary.
The folle,+ing resolution was considered:
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11;19.4.
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City of Denton City Council Agenda
May 3, 1994
Page 7
NO. R94-014
A RESOLUTION TEMPORARILY CLOSING CHARLOTTE STREET BETWEEN
AVENUE H AND BONNIE BRAE STREET ON FRIDAY, MAY 201 1994, AND
PROVIDING FOR AN EFFECTIVE DATE.
onded to approve the resolution. On roll
Brock vote, Brock " motioned, aye", Chew Cott sec, "aye", Miller "ay'e", Smith "aye", Chew
"aye", Perry "aye", and mayor Castleberry aye Motion carried
unanimously.
5. The council received a of wDentono Water T Production Utilities
Association for the City
winning the "Best Tasting Water Contest".
This item was considered earlier in the meeting.
6. Public Hearings
A. The Council held a public hearing and considered adoption
of an Development iand considered a detailed plan f for Zeta Tau Alphanto
locate a sorority house at the northwest corner of Avenue A and
Underwood Street. (The Planning and Zoning Commission recommended
approval, 6-0.) Z94-002
Frank Robbins, Executive Director for PlanninTve and r evelo mofta
stated that this was a recommendation to app
preservation of tlargeitreesl on there the
regarding development
was a a detailed in
L~--J site. Sixty-five percent of the protected trees would remain on
the site and there was a significa'.it Staffe also h dt concerns
property and the adjoining property.
regarding the project and the neighbors. Neighborhood meetings
wer
Thee Plhe ld and the anning and Zoni g ~Commission recommended c pproval,proposal.
s' The Mayor opened the public hearing. Ave Robert Cunningham stated that the lots which this fronted o be anue d
were not suitable for single family would go
use of the property. He also felt the proposal would be a good
mercial
buffer between the current single
elfamily homes and proposal comme
property near the highway.
the requirements which the City had requested.
No one spoke in opposition.
The Mayor closed the public hearing.
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City of Denton City Council Agenda
May 3, 1994
Page 7
NO.. R94-014
A RESOLUTION TEMPORARILY CLOSING CHARLOTTE STREET BETWEEN
AVENUE H AND BONNIE BRAE STREET ON FRIDAYr MAY 201 1994, AND
i PROVIDING FOR AN EFFECTIVE DATE.
Smith on. On Croll hew
Brock motioned, Chew seconded to Miller resolut
vote, Brock "aye", Cott, "aye", "aye". Motion carried
"aye", Perry "ayo"r and Mayor Castleberry
unanimously.
A Division
The Council received a of award Denton Water T Production Utilities
Association for the City
winning the "Best Tasting Water Contest".
This item was considered earlier in the meeting.
6. Public Hearings
A. The Council held a public hearing and considered adoption
of an Development and considered a detailed plan for Z to Tau Alphanto
locate Underwood a sororit at the northwest Street y (TheePlanning and Zoning ccommission recommended
approval, o6-0.) 294-002
approv
Frank Robbins, Executive Director for Planninan rezoning moft,.
stated that this was a recommendation to approve
ere
detailed plan in a planned development
of tlargeitreesl onhthe
J was a concern regarding the preservation remai the e.sit Sixty-five
there ercent of ithe gnificantebufferyardu betty en nthe
property and the adjoining property. Staff also had concerns
regarding the project and the neighbors. Neighborhood meetings
were helr4 d,0 the neighbOC mmissi on recommended approval.proposal.
The Planning and Zoning
The Mayor opened the public hearing. ed on
Avenue Robert Cunningham stated that the lots which d fro twould be a good
this
were not suitable for single family usage
use of the property. He also felt the proposal would be a good
buffer between the current sHegfecolt athat the proposalehadmmetcall
property near the highway.
the requirements which the City had requested.
No one spoke in opposition.
The mayor closed the public hearing.
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City of Denton city council Agenda
May 3+ 1994
page 7
NO. R94-014
A RESOLUTION TEMPORARILY CLOSING CHARLOTTE STREET 994TWA2~D
FOR BONNIE
DATE,
AN N EFFECTIVE STREET
AVENUE H ROVIDING AND
P
ON FRIDAY, MAY 20+ + ond to Brock motioned, "chew , Catte "aye", Millers "athe ye"Te Smitho"aye",~ Croll hew
;;ayo"o Perry Gaye+ and Mayor Castleberry "aye". Motion carried
unanimously.
The Council received a of award from n Water Texas Production Utilities
A Division
Association for the City
winning the "Best Tasting Water Contest".
This item was considered earlier in the meeting.
6. Public Hearings
doption
A. The Council held a publiice hearing f and omonsi ertd adoption
of an ordinance rezoning
corner Zeta
Development rconsidered a detailed plan
of AvenueA Alpha locate a sorority house at the northw and
Underwood Street. (The Planning and Zoning commission recommended
approval, 6-0.) Z94-002
Frank Robbins, Executive Director for Planning `awn rezoning me to
i stated that this was a edevelopment di trict. Originally therm
detailed plan in a planned the preservation of large trees on the
rardin was a sinter five percent of the protected trees would remain on sixty- site.
between the
d there was a significant bufferaff also had concerns
' the site e an
property and the adjoining property.
regarding the project and the neighbors. Neighborhood meetings
were held and the neighdid not seem to obect to the bors re ommended pproval.p p
The Planning and Zoning oning
F The Mayor opened the public hearing.
Robert Cunningham stated that the lots hich fronted o Avenue A
this would be good
were not suitable for single family usage
would be a good
use of the property. He also felt the proposal
f buffer between the current single
elfamily homepr nd thehcommercial
property near the highway.
the requirements which the City had requested.
E No one spoke in opposition.
The Mayor closed the public hearing.
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City of Denton City Council Agenda 9df 3 41
May 9, 1994
Page 8
i
Mayor Castleberry stated that the ordinance did not specify a
particular species of plants to be used but the plants had to
conform with the ordinance.
Robbins replied that if Council adopted the site plan, the
developer would have to use the specific list of plants included
with the site plan.
Mayor Castleberry stated that the ordinance did not specifically
give plant names.
Robbins replied that there was a suggested plant list in the
landscape ordinance.
I Mayor Castleberry stated that he had been questioned that staff
might be dictating what plants had to be used. As long as the
ordinance was followed, specific plants would not have to be used
but ones which conformed to the ordinance.
Robbins replied correct.
Council Member Brock stated that there were some concerns regarding
traffic problems on Avenue A. Since the street had been widened
and improved, there were no significant traffic problems in that
area. The residents of the sorority would not present a
significant traffic problem. she felt this proposal would be an
excellent upgrade to the neighborhood.
The following ordinance was considered:
I
NO. 94-075
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM ONE-FAMILY (SF-7) TO PLANNED DEVELOPMENT (PD)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.068
ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF AVENUE A AND
UNDERWOOD STREET; PROVIDING FOR THE APPROVAL OF A DETAIL PLAN;
PROVIDING FOR A. PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; PROVIDING FOR PUBLICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
Brock motioned, Cott seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered adoption
of an ordinance rezoning from YD87 and SF10 to Planned Development,
apv.oved variances to subdivision and Land Development and Signs
and Advertising Devices Chapters of the City Code and approved a
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City of Denton City Council Agenda C~d y
May 3, 1994
Page 9
detailed plan for 43.792 acres located on Lillian Miller Parkway
south of Southridge Shopping Center. (The Planning and Zoning
Commission recommended approval, 6-0.) Z94-004
Frank Robbins, Executive Director for Planning and Development,
stated that this proposal contained three items. There would be a
rezoning of approximately 26 acres from SF-7 to PD, approving a
detailed plan, and two variances to the subdivision regulations.
If the variances were not approved, the preliminary plat on the
Consent Agenda should not be considered. This was a down zoning
and a decrease of intensity allocation. one variance dealt with
the curvature of streets through intersections. The proposed
intersection would have adequate sight distances and there would be
no visibility problem. The detailed plan would approve the
landscaping of the cul de-sacs and the landscaping and wall on
Lillian Miller. The cul-de-sacs and wall would be in private hands
and covered in the deed restrictions. A homeowners association
1 would be responsible for the private facilities. There was also a
request for a deviation to the sign ordinance related to the number
of ground signs on the property. Two ground signs were proposed as
opposed to one which was allowed by ordinance. There were no
building footprints on the planned development but the building
envelopes were stated on the plan. No lot would be smaller than
9,000 square feet. Most of the frontages would have a 201 setback
from the street and some side yards would have 15t setbacks.
Neighborhood participation was good with no opposition noted. The
Planning and Zoning Commission recommended approval.
The Mayor opened the public hearing.
Don Allen, TrendMaker Homes, stated that they were requesting
approval of the proposal. Current zoning would allow much core
units than they were requesting. Under the current zoning there
would be straight development. They wanted to create something
different with the area and would have some pockets of green space
throughout the development. Entry signs would be built into brick
or stone entry features with landscaping around the signs. There
would be a wood fence along the remainder of Lillian Miller. They
had worked in great length with staff to mf -t all regulations and
felt that the proposal would be a good adV4-ic- to the City.
No one spoke in opposition.
The Mayor closed the public hearing.
Mayor Pro Tem Smith stated that 187 units would have been possible
under the current zoning but that that had been reduced to 136
units.
Robbins replied correct.
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city of Denton City Council Agenda /O
May 3, 1994
Page 10
Council Member miller asked for the price range of the homes in the
proposal.
Allen replied that they would be approximately $1501000-$190,000.
Council Member Brock asked if the small park would be kept up by
the homeowners association.
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Allen replied correct.
Council Member Perry asked about the drainage •.o the south.
Robbins replied that that would be addressed in the final plat
process. The regulations required that before development occurred
! permission for the change in the drainage patterns, in terms of
velocity and quantity, would have to be given from the property
{ owners to the south.
Council Member Perry asked if that been done.
f Robbins replied that it would have to be done before approval of
the final plat.
i Council Member Miller stated that the recommendation was with the
deed restrictions.
Robbins replied that the ordinance required such deed restrictions.
The following ordinance was considered:
~J NO. 94-076
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT DISTRICT NO. 877 AINNDGONE-FAMILY
(SF-10) TO PLANNED DEVELOPMENT (PD)
CLASSIFICATION AND USE DESIGNATION FOR 43.792 ACRES OF LAND
LOCATED ON LILLIAN MILLER PARKWAY SOUTH OF SOUTHRIDGE SHOPPING
CENTER= PROVIDING FOR THE APPROVAL OF A DETAIL PLAN WITH
VARIANCES FOR 00 FOR VIOLATIONS THEREOF; AND PROVIDING FO THE DISTRICT; PROVIDING A AMOUNT OF E. AN
EFFECTIVE DATE.
roll
Brock motioned, Smith seconded to adopt "the "or Siinan e'ayeon Chew
vote, Brock "aye", Cott, "aye", Miller aye ,
"aye", Perry "aye", and mayor Castleberry "aye"• Motion carried
unanimously.
C. The Council held a public hearing and considered adoption
of an ordinance amending specific Use Permit 6 to allow the
addition of approximately 4800 square feet to the Denton Nursing j
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City of Denton City Council Agenda l10~`3
May 3, 1994
Page 11
Center located at 2229 N. Carroll Blvd. (The Planning and Zoning
commission recommended approval, 6-0.) Z94-005
Frank Robbins, Executive Director for Planning and Development,
stated that the proposal was to amend the specific use permit to
expand the existing facility. All criteria had been net and the
Planning and Zoning Commission recommended approval..
The Mayor opened the public hearing.
Tom Irlbeck stated that the facility would add a chapel for the
j residents and a family room for visitation plus some office space.
t There was a need for physical therapy, speech therapy, etc. and
this would allow for such programs.
No one spoke in opposition.
} The Mayor closed the public hearing.
The following ordinance was considered:
i
NO. 94-077
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC
USE PERMIT TO ALLOW FOR THE EXPANSION OF THE DENTON NURSING
CENTER LOCATED AT 2229 NORTH CARROLL BOULEVARD; 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.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". HW eln carried
unanimously.
D. The Council held a public hearing with regard to the
proposed annexation and zoning of 79.69 acres located along FM2164
and extending approximately 3482 feet north of Bobcat Road. A-65
Harry Persuad, Senior Planner, stated that the proposed annexation
was for 79.69 acres north of FM2164. Two public hearings must be
held for this annexation. The second public hearing would be held
on May 17.
The Mayor opened the public hearing.
No one spoke in favor.
Gloria Delaney stated that she was concerned that the property was
farm land and her property would be next to be annexed. She
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City of Denton City Council Agenda ~dJ
May 3, 1994
Rage 12
wondered if her property would be next and what was the City's
future annexation plans.
Robbins replied that there were no plans at this time for any other
annexation other than what was proposed.
Delaney asked if there were other options availa>le in order to
extend the City's ETJ.
Mayor Castleberry stated that there were plans for annexations to
extend the City's ETJ to Lake Pay Roberts to protect lake rights.
Robbins replied that there might be other options to extend the
City's ETJ but they were not for consideration at this meeting.
Council Member Miller stated that this pubic hearing only dealt
with this section of ETJ. At the last Council meeting he had
expressed a concern for further annexation. Staff was directed to
look at further options. He asked if this would affect this area
or was it in another direction.
Robbins replied that staff at this time did not have any options
for Council and had not sorted out any future options.
The Mayor closed the public hearing.
No action was needed on this item at this time.
i E. The Council held a public hearing and considered adoption
11 of an ordinance amending Article II entitled "Board of Adjustments"
~J of Chapter 35 of the Code of ordinances relating to "Zoning" by
repealing Sectiont 35-41 through 35-46 and adopting new Sections
35-41 through 35-54 providing for the organization, jurisdiction
and rules of procedure for the Zoning Board of Adjustment;
providing an appeal procedure; providing for the amortization,
termination, discontinuation and restoration of nonconforming uses
and structures; providing for variances and special exemptions; and
providing fcr judicial review of board decisions.
Frank Robbins, Executive Director for Planning and Development,
stated that the Council had reviewed this item in work session
several meetings ago and this was an amendment to streamline the
ordinance. It would add factor. for the termination of
nonconforming uses and allow the City o initiate the termination
of a non^onforming case. It added variance criteria in accordance
with state law and set a 6 month time limit to act on a variance
and a 6 month time period for an appeal for a denied variance or
special exception. The proposal would enable the Board to grant a
special exception for a nonconforming use. This was the first part
of the zoning ordinance presented by the Zoning ordinance Task
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City of Denton City Council Agenda
May 3, 1994
Page 13
Force.
The Mayor opened the public hearing.
No one spo;.•a in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Miller asked if the clarification requested by
orated
council regarding limited special exceptions had been incorporated
into this proposal.
Robbins replied correct.
I
Council Member Brock suggested highlighting new wording when
looking at future ordinances so council would know what was being
changed.
i
The following ordinance was considered:
NO. 94-078
j AN ORDINANCE AMENDING ARTICLE II ENTITLED "BOARD OF
ADJUSTMENT" OF CHAPTER 35 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS, RELATING TO "ZONING" BY REPEALING
SECTION 35-41 THROUGH 35-46 AND ADOPTING NEW SECTION 35-41
THROUGH 35-55 PROVIDING FOR THE ORGANIZATION, JURISDICTION AND
RULES OF PROCEDURE FOR THE ZONING BOARD OF ADJUSTMENT;
PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR THE AMORTIZATION,
TERMINATION, DISCONTINUATION AND RESTORATION OF NONCONFORMING
USES AND STRUCTURES; PROVIDING FOR VARIANCES AND SPECIAL
EXCEPTIONS; PROVIDING FOR JUDICIAL REVIEW OF BOARD DECISIONS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM
PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
k EFFECTIVE DATE.
L,
Miller motioned, Brock seconded to adopt the ordinance. On roll Chew Cott,
vote, aye", Brock Perry ""aye", and Mayor"Castleberryyea" e"SmiMotion carried
"
unanimously.
7. Consent Agenda
Brock motioned, Smith seconded to approve the Consent Agenda as
presented. Ol vote, "aye", and Mayor Castleberry "aye".
• i Smith aye" , Chew "aye", Perry
Motion carried unanimously.
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City of Denton City Council Agenda ~y6
May 3, 1994
Page 14
A. Bids and Purchase Orders:
1. Bid 11619 - File Storage System
2. Bid 01609 - Windrow Composting Machine
Rental
3. Bid 11621 Electric 4. Bid 11624 - Street Maintenance Equipment 2 and 4/0
5. Change order 12 - Oscar Rends Contracting -
University Drive Sewer Regulatory Commission
6. P.O. 144525 - Federal Energy
B. Plats and Replats
1. Preliminary plat for Lots 1-72, Block l; Lots 1-20,
Block 2 and Lots 1-17, Block 3 of a 43.792 acre
tract located on Lillian Miller Parkway south of
Southridge Shopping Center. (The Planning and
Zoning commission recommended approval, 6-0).
C. Tax Refunds
1. Edith G. Hern/AmWest Savinga Association - $559.39
9. Ordinances
i
The Council considered the Consent Agenda ordinances.
i
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
e i ment, supplies or services. (7.A.1. - Bid 11619, 7.A.2. - Bid
11609, 7.A.3. - Bid 11621)
The following ordinance was considered:
NO. 94-079
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
EFFECTIVE DATE.
AND PROVIDING FOR AN B. The Council considered adoption of an ordinance accepting
A.4. - Bid 11624) contracts for
public competitive works or improvements. for the award of
pub
< The following ordinance was considered:
11
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City of Denton City Council Agenda 6 a~
May 3, 1994
Page 15
NO. 94-080
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.
C. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract between
the City of Denton and Oscar Renda Contracting; and providing for
an increase in the contract price. (7.A.5. - Change Order 02)
The following ordinance was considered:
NO. 94-081
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND OSCAR RENDA
CONTRACTING; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE;
AND PROVIDING AN EFFECTIVE DATE.
D. The Council considered adoption of an ordinance
authorizing the expenditure of funds for the purpose of payment by
the City for fees for the payment of taxes or application or
1 licenses or renewal of licenses required by the State of Texas or
the United States of America or any agency thereof. (7.A.6. - P.O.
144525)
The following ordinance was considered:
J NO. 94-082
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY
FOR FEES FOR THE PAYMENT OF TAXES OR APPLICATION OR LICENSES
OR RENEWAL OF LICENSES REQUIRED BY THE STATE OF TEXAS OR THE
UNITED STATES OF AMERICA OR ANY AGENCY THEREOF; AND PROVIDING.
AN EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt Ordinances A-D. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith 1aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on the east side of Bryan
Street, from its intersection with oak Street to its intersection
with Scripture Street. (The Traffic Safety Commission recommended
approval.)
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City of Denton City Council Agenda 1-6a- S''1
May 3, 1994
Page 16
Jerry Clark, City Engineer, stated that this was a no parking
request on Bryan Street. No parking signs were on the site when it
was discovered that there was no ordinance supporting no parking in
the area. !!his ordinance would correct that problem. All of the
residents in the area were in favor of the request.
The following ordinance was considered:
NO. 94-083
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE
PARKING OF VEHICLES ON THE EAST SIDE OF BRYAN STREET, FROM ITS
INTERSECTION WITH OAK STREET TO ITS INTERSECTION WITH
SCRIPTURE STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN
EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered d-loption of an ordinance amending
portions of Chapter 18, Article II, Division 2 of the Code of
ordinances relating to trucks and truck routes; providing for a
repeal of any ordinance in conflict therewith; providing for a
severability provision; and providing for a penalty in the maximum
amount of $200.00 for violations hereof.
Jerry Clark, City Engineer, stated that Council had considered this
ordinance at an earlier meeting. This amendment would provide a
clearer definition for an overweight load and staff was
recommending approval.
The following ordinance was considered:
NO. 94-084
kN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF CHAPTER 18, ARTICLE II0 DIVISION 2 OF THE CODE OF
ORDINANCES RELATING TO TRUCKS JLND TRUCK ROUTES; PROVIDING FOR
A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR
SEVERABILITY PROVISIONS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS OF THE PROVISIONS
HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
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City of Denton City Council Agenda 176f 314
May 3, 1994 '1
Page 17
G. The Council considered adoption of an ordinance
authorizing the City Manager to execute all documents and
agreements, as required, to obtain funding for the Summer Food
Service Program.
Janet Simpson, Superintendent of Leisure Services, stated that this
was the third year for this program. An additional site would be
added this year and the DISD would prepare the lunches for the
sites.
The following ordinance was considered:
NO. 94-085
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZli;C THE
CITY MANAGER TO EXECUTE ALL DOCUMENTS AND AGREEMENTS, AS
REQUIRED, TO OBTAIN FUNDING FOR THE SUMMER FOOD SERVICE
PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER
THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Hiller "aye", Smith "aye", Chew
"ayell, Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
H. The Council considered adoption of an ordinance approving
and authorizing the City Manager to execute a compromise settlement
release of all claims in the matter of Nr.al Wood.
i
Debra Drayovitch, City Attorney, recommended Council approve the
ordinance in accordance with previous Council direction.
j The following ordinance was considered:
NO. 94-086
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE
SETTLEMENT RELEASE OF ALL CLAIMS IN THE MATTER OF NOEL WOOD;
APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN
EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance, on roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
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City of Denton City Council Agenda ~8af 3N
May 3, 1994
Page 18
9. Resolutions
A. The Council considered approval of a resolution approving
a bond resolution by the Denton Health Facilities Development
corporation providing for the issuance of health facilities
refunding revenue bonds for the Evangelical Lutheran Good Samaritan
Society.
Kathy DuBose, Acting Executive Director for Finance, stated that
this resolution would approve the bond resolution by the Denton
Health Facilities Development Corporation and provide for the
issuance of health facility refunding revenue bonds for the
Evangelical Lutheran Good Samaritan Society. This would not
obligate any city funds and would allow refunding of previously
issued bonds.
The following resolution was considered:
NO. R94-015
RESOLUTION APPROVING A BOND RESOLUTION BY DENTON HEALTH
FACILITIES DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE
OF HEALTH FACILITIES REFUNDING REVENUE BONDS FOR THE
EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY.
Cott motioned, Brock seconded to approve the resolution. on roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered approval of a resolution
authorizing the Mayor to act on the City's behalf in casting a
ballot in the election to amend the bylaws of the National League
of Cities.
City Manager Harrell stated that Council had received a memorandum
from the National League of Cities regarding recommended changes in
the bylaws for the organization. This resolution would authorize
the Mayor to cast the City's vote on the proposed amendments.
These amendments seemed routine and housekeeping in nature.
The following resolution was considered:
NO. R94-Olb
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
IN THE
ITY IS BEHALF IN CASTING A BALLOT
,
MAYOR TO ACT ON THE C
NATIONAL LEAGUE OF CITIES,
ELECTION TO AMEND THE BYLAWS OF THE
M
AND DECLARING AN EFFECTIVE DATE.
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City of Denton City Council Agenda ~Q6 J~
May 3, 1994
Page 19
Miller motioned, Smith seconded to authorize the Mayor to vote yes
on amendments A, B, C, D, and E.
City Attorney Drayovitch stated that the resolution did not specify
c direction the Council wished the Mayor to vote. She recoramended
that the resolution be amended to provide that the Mayor would be
authorized to act on the City's behalf in casting a ballot
affirmative on all propositions.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
C. The Council considered approval of a resolution approving
an interlocal ambulance agreement between the City of Denton and
Denton County for ambulance services.
City Manager Harrell stated that this was a routine matter of an
budgeted unincorporated
annual ocontract for providing These P funds had service been In
portions of Denton during
the budget proce33.
The following resolution was considered:
NO. R94-017
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
Smith motioned, Miller seconded to approve the resolution. On roll
Chew
"aye", Miller
vote I
d ~Mayor Castleberry "aye". Motion carried
"aye", Brock "aye", an
unanimously.
10. The Council considered nominations and/or appointments to the
Traffic Safety Commission, the Board of Adjustment and the Keep
Denton Beautiful Board.
Mayor Castleberry stated that Council Member Perry had nominated
Jane Powell to the Keep Denton Beautiful Foard at the last meeting.
II On roll vote of that nomination, Brock "aye", Cott, "aye", Miller
"ayeSmith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
have a nomination
Council y Commission a at s this i time.
for the Traffic Safet
Council Member Miller indicated that, he did not have a nomination
to the Board of adjustment at this time. He asked if an alternate
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City of Denton City Council Agenda S` May 3, 1994 ~pf.7 c.(
Page 20
should move to a regular position when there was a vacant regular
position.
Mayor Castleberry stated that normally if there were a vacancy in
a permanent position, the alternate was asked to fill that
permanent position. He assumed that whoever had that alternate
position would then have to fill that position.
Mayo. Pro Tem Smith stated that there was not a definite rule that
an alternate had to move to a regular position. The alternate
might not want to go into that position.
After discussion, consensus of the Council was to appoint the
alternate to the permanent position, if the individual so desired,
which would open the alternate position.
11. Vision Update
Council Member Miller stated that there had been a cabinet meeting
earlier in the day and the Cabinet received a report from the
impact groups. He invited all to go to the Vision Room and see the
change in the room and the direction the project was moving. Joe
Lanford would be in Denton to meet with the impact groups and with
the Cabinet on June 5 and June 6. He would be asked for
suggestions on how to proceed with the project.
Mayor Pro Tem Smith stated that the Vision Room was open for
visitors Monday-Friday from 10:00 a.m. - 2:00 p.m.
12. Miscellaneous matters from the City Manager.
A. The Council held a discussion and gave staff direction
regarding a timeline for board/commission appointments.
Jennifer Walters, City Secretary, reviewed the schedule with the
Council as presented in the agenda back-up materials.
After discussion, consensus of the Council was to proceed with the
schedule as presented.
B. The Human Resources Department and Information Services
moved to the Denton Municipal Complex over the weekend and did a
great job with the move.
C. Early voting closed today with 600 early votes cast
compared to 1461 cast last year.
Council returned to the Work Session items.
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City of Denton City Council Agenda aIcvl 3 y
May 3, 1994
Page 21
2. The council received a report and held a discussion regarding
the Human Services Committee recommendations for the 1994-95 agency
funding.
Council Member Miller stated that he was concerned about the
funding level for some of the social services. There was a new
funding item for SPAN transportation. He asked how much would have
to be put back into the general fund if that were not funded to
SPAN and what would be done with those dollars. He also asked for
a further explanation for not funding TWU Cares. Last year the
justification for reduced funding was for record keeping and this
year it was suggested that the funding might not be needed. other
areas of concern were the North Texas Community Clinic and Friends
of the Family. He did not want to second guess the recommendations
from a board or commission but was concerned about the signals
given regarding such funding.
Ross stated that staff had discussed with the Committee the number
of agencies which were funded. The funding had gone from 5 or 6
original agencies to 15 agencies. Staff had recommended that the
Committee not fund more that 16 agencies due to the time involved
for staff monitoring of the agencies. The Committee had voted to
fund 17 agencies.
Council Member Cott suggested that if the Committee wanted to work
down funding to an agency, notice should be given first and not
completely cut off funding all at one time.
Ross replied that there had been some discussion about not pulling
funding all at once and the Committee might need more direction
regarding such a procedure. Section seven of the policy stated
' that funding for new agencies would be for a maximum of three
years.
Council Member Brock felt that Council needed to look at the
guidelines which had been adopted and that some policy decisions
needed to be made regarding the funding of new agencies. In the
list of programs !funded, the Denton Christian Preschool was
described as a daycare operation which was not the case. The
Preschool was a very intensive instructional program designed to
prepare children to succeed and survive in school.
City Manager Harrell stated that when the policy was adopted by the
Human Services Committee, the three year period was an attempt to
mirror the policy of the United Way. The United Way would not fund
an organization unless it had a !:rack record of community service.
Four of the proposed funded programs were in the Parks and
Recreation Department. It appeared that it was an after thought nf.
the Committee to reduce the funding of those programs. He
suggested staff do an analysis on how of each of those programs
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City of Denton City council Agenda
May 3, 1994
page 22
would be affected by the reduced funding. Vision
of community
She f et that
Council Member Brock stated that the
subcommittee needed to consider many some policies t fit
there was a need to think about changing
changes. Preventative measures seemed to be less funded than a
crisis situation.
o resolve the
ea that ounthere was a need t
Council Member Miller felt
cil needed to meet with the two
year.
funding level for this
Boards to look at what the policies should be. Newer requests should not be on the same level as the long term funded programs.
to reach their m conclusions handt she committees had hard vdecision
they had to make regarding a recommendation.
Mayor Castleberry reg. sted a list of sources of other funding for
the agencies. He ste'..d that there were several speaker Cards from
The
individuals who wisLsd to c oto thetrecommendationshe agenda Linda
following individuals were opposed
Nickum, Karen Connor, Kris Altman, Myra nd Norma JohnsoClayton,
Cannon, Jeanne Birka, Joy Hesch,
Tiffany
Cheryl Sutterfield, Friends of the Family, stated that there were
problems with the guidelines and tfor thyhewernexte Th y had
they would not receive any funding ent $286,000 worth They
had only asked for 13% of their
residents dduring t e pastsyear. City funding
E of services on City funds.
was used for matching
t send the vrong
Warren Searld that the Couil
itizens. He asked that sCouncilhould procedures
message to o c c and not staff and/or
so that it was the Council setting policy
committees. He felt that the agencies should be advised in advance
what the regulations were so that the agencies could make good
presentations. Friends of the Family was making good progress in
the City and in the county y and novas successful. the Council not
penalize the agency because gave staff The Council receivedthe Design Guidelines. TheiPlanning and
I
Zoning Co co misson recommended approval contingent upon city Cou cal
funding the he legal review of the zoning ordinance
recommended by the Zoning Ordinance Task Force (6-0).
er, stated that the zoning Ordinance
S
Harry persuad, appointed by Council to rewrite the Ciy's Zoning
Task Force was nn or Pla t
ordinance and had completed work last year. The guidelines
provided a checklist for reviewing and evaluating site plans. This
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City of Denton city Council Agenda
May 3, 1994
Page 23
would provide a consistent frame work for the developer, city
staff, the Planning and Zoning Commission and Council to address
site planning issues and concerns. In the Planning and Zoning
Commission work sessions, it was determined that the guidelines
contained elements of the mixed use zoning district (MXD) which had
been proposed by the Zoning Ordinance Task Force. The MXD
contained many zoning benefits to land owners and developers. The
Planning and Zoning Commission felt that the work of the Zoning
Ordinance Task Force should be treated as an integrated package and
not desegregated and processed in a piecemeal manner.
Russell Bates stated that he was a member of the Mixed Use District
Task Force. Their charge was to determine a viable option to
planned development zoning. He felt that the zoning ordinance and
the mixed use ordinance were very much intertwined. The Zoning
Ordinance Task Force recommended to nit separate the zoning
ordinance and the mixed use district. He felt that this was a good
proposal and was good for business and residential areas.
Council Member Miller stated that the recommendation from the
Planning and Zoning Commission was to move ahead with the
guidelines but that it be contingent on the funding of the entire
rewriting of the zoning ordinance. The Planning and Zoning
Commission had requested to not approve one without the other.
i
Bates replied correct that there was a need to keep their
recommendation together pending City funding.
Council Member Miller stated that the process should be done at one
time.
Bates replied correct that it was designed to be an entire package
and not separated.
Jim Englebrecht stated that the Zoning Ordinance Task Force
attempted to resolve some of the zoning problem issues. He felt
that the MXD provided protection for existing neighborhoods. There
was a need for a legal review of the zoning ordinance which Council
decided not to fund during the last budget year. The Planning and
Zoning Commission wanted to see the MDX go through but felt that
funding was necessary for a review of the zoning ordinance.
Council Member Cott asked how much the review would cost.
Englebrecht replied approximately $20,000.
Council Member Perry asked if the proposal dealt with an overall
revision of the zoning ordinance of which the MXD was only one
segment. If this required funding, the whole matter needed to be
dealt with as a budget item in the upcoming budget discussions. He
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City of Denton City Council Agenda
May J, 1994
Page 24
ecessary as funds had not been allocate
felt that that would be n
for the review.
Englebrecht stated that the recommendation did notid nin with
came to the Planning and
a budget request. The recommendation elin
ission with regard to the design gu
Planning his be a budget
Zoning Comm
and Zoning Commission was concerned that t
item for a legal review. e would like to consider the
Council Member Perry stated that nut under budget deliberations-
proposal as a complete package and p piecemeal but rather as
He did not want to act on the proposal as P
a comprehensive document. and Zoning Commission
Mayor Castleberry stated that the e as part of the budget.
was requesting that the proposal
and Zoning Commission would
Englebrecht stated that the a1 Planning review of MXD at this time and
like to have the funding for a leg
not wait until budget discussions. IF the MXD were to be approved,
it would solve the guideline problems for the staff.
stated that the Planning and zoning Commission
at the
Mayor Castleberry ive some direction
proposal like an in terms of being a part of budget and g e looking
pr Po
regarding MXD• and Zoning Commission was
{ Englebrecht replied no that the planning
I ccneerned with the funding of the proposal.
Council member miller felt that if the proposal were put as a
budget item and approved, the MXD would be written and then go
ing
through legal interpretation. He had a hard time regarding putting
one in and waiting to get legal approval sal the rest. H et forsupported
of kin next
on putting the propo ae
the idea noproceeding with the guidelines until all wasprep
year and not p
it should not be done piecemeal.
Council Member Brock stated that- eme portions of the zoning
one piecemeal. if this item
he r eaput
ordinance had already been d piecemeal.
in the budget, would the Council be giving approval to t be and the MXD. Would a study be done on what dthe ecideD thatlthe Citytwas
knowing what the
council decide to have a legal expert
covered. Was funding being ram done too would soon before
concept was or what the pro9 be.
the
would for be the funding beneficial a to have ro
Council Member Cott iasked if tten Ptosal long with an
Task Force frame and objectives.
explanation of of g g
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City of Denton City Council Agenda ASd T
May 3, 1994
Page 25
Robbins replied that that had been done last year as part of the
budget process and council would see that package again from the
Legal Department. There were eight major provisions in the zoning
ordinance and they were being brought to Council in a piecemeal
process. The Board of Adjustment which the Council considered
earlier in the meeting was one of the eight provisions. MXD was
another provision.
Council Member Brock felt that there was a difference between
receiving a presentation on the proposal and studying the proposal
e in terms of how it would apply. It needed to be thought of in
terms of what were the implications, how it would work, what kinds
of changes would it make in the community, etc.
Mayor Castleberry felt that the consensus of the Council was to
bring the item back to Council at a later date.
Council Member Perry agreed with Council Member Brock that Council
needed time to look at the proposal as a comprehensive whole and
needed time to study it carefully.
Counci' Member Chew suggested reviewing the proposal at a w.rk
session with nothing else on the agenda.
Council Member Miller proposed that staff bring back to Council a
! total rewrite of what the project would look like. The Council
would have to resolve the issue of the legal fees. He did not
support the idea of doing the guidelines now and then doing the
s other portions.
Consensus of the Council was to bring the proposal along with
L J funding needs back to Council during a work session with no other
items on the agenda.
4. The council received an update on the Empowerment Zone,
Enterprise Community strategic planning effort, discussed the
process and gave staff direction.
Frank Robbins, Executive Director for Planning and Development,
stated that the draft plan addressed the four principles outlined
by HUD as elements that must be addressed. The mission statement
for the project would be "For the good of the whole community,
enable people to become self sufficient so they can meet their own
needs." The plan contained a series of facts illustrating the
problems of poverty and inadequate human services; a mission
statement; a set of principles and facts representing the commonly
held beliefs of the community as represented by those interviewed
and who participated in the focus groups; a set of strategies
defined by the focus groups representing longer term goals and
principles with shorter term actions which should be undertaken to
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f City of Denton City Council Agenda o26 4 3
May 3, 1994
Page 26
achieve the mission. Staff would discuss the local government role
in the plan according to the five principles espoused in the book
Reinventina Government which included catalytic government
(steering ratner than rowing); community-owned government
(empowering rather than serving); mission driven government
(transforming rule driven organizations); anticipatory government
(prevention rather than cure); and results-oriented government
(funding outcome, not inputs). The final document would be
presented to Council on May 17 for approval after a town meeting
for public input.
Council Member Cott felt that government, while it should provide
services to the citizens, did not necessarily have to be the
provider of the services. That was something which had not been
addressed. He felt it could not be said that the Vision project was
not budgeted and then put staff people on the project.
Council Member Brock stated that this project was not a spin-off on
the Vision Project but was an attempt to bring dollars to Denton as
an economic empowerment city.
Council Member Miller questioned the process and why was the City
involved in this project.
i
Robbins replied that there was a federal program for 65 communities
the size of Denton which would receive $3 million for social
I service funding.
Consensus of the Council was to proceed with the project.
5. The Council received a report and held a discussion regarding
procedures at the City of Denton Animal Control facility.
Nonie Kull, Environmental Health Services Manager, stated that the
Denton Humans Society proposed that they be allowed to bring their
veterinarian into the facility whenever there was an injured
animal. There had never been a denial of that kind of request in
the past. Local veterinarians were used especially if the animal
had a tag. The society expressed a concern over the practice of
holding severely injured or ill animals for the 96 hours. This was
not the practice. During the first two months of this fiscal year,
the Center sheltered 645 cats and dogs. of those animals, 10 of
those animals were very seriously injured and 9 were put down the
same day. The other animal was held overnight because tZ.ey were
able to keep it quiet in the hopes of locating an owner. When that
did not happen, the animal was put down. She was unable to discuss
the legal aspects and the liability of having a veterinarian coming
into the facility but did know that the Legal Department was
looking into the issue. Animal Control was not opposed to having
a veterinarian come to the premises. They had been invited for
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City of Denton City Council Agenda
May 3, 1994
Page 27
years and were free to come at any time. There was a local
veterinarian who volunteered his services whenever needed. The
Denton Humane Society exclusively used a veterinarian in Ponder.
She was not comfortable moving a Denton animal out of the City but.
preferred to use a local veterinarian.
Council
Animal Control employees and their Member Perry commented on the kindness and understanding of
the
Council Member Miller asked about the on-going relationship with
the veterinarians in the City and visiting the shelter.
Kull replied that there was an informal relationship with the
veterinarians. The veterinarians who assisted her did so on a
voluntary basis because she had asked for help. There was no
routine care for the animals but rather it was done on an as needed
basis. some veterinarians others she had paid for herself id There was no set schedule.
Mayor Castleberry stated that he had raised the legal issues which
the City Attorney had researched. He understood that there was a
Humane Society representative who came by on a regular basis. He
asked if that impeded the work at the Center.
meant
Kull replied that animals could it was not a
be adopted which otherwise would not.
that an
Mayor Castleberry suggested looking at establishing a procedure and
consider setting a time to look at the animals. He suggested that
the Manager develop a plan which the Council could consider. He
did not want to l
participation and it was important to consider any liability issue.
Consensus of the Council was to proceed with the Mayor's
suggestion.
13. The Council took the Session it ms discussed during lthenWork session Executive Session
Perry motioned, Chew seconded to authorize the City Attorney to
San Antonio in
join in an amicus relationship
conclusion would
pursuing a suit that if it came to t a successful of
increase greatly the punitive damages for cities. It was to the
City's interest to prevent that if possible. On roll vote, Brock
Motion carried unanimously. Perry
ye", and t Mayor CastlMiller eberry a Smith "aye" I Chew
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City of Denton City Council Agenda
May 3, 1994
Page 28
14. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Miller proposed to televise all future
work sessions and follow a schedule similar to the one set out at
this meeting.
Council Member Perry stated Council had agreed to take this session
and evaluate it. He felt that the Council should follow that
suggestion as he had some issues to raise over the procedure.
Council Member Miller felt that the procedure worked well and that
4 it should be continued.
After discussion, Brock motioned, Miller seconded that the Council
follow the same procedure for one more work session before
` proceeding with a long range evaluation and that the additional
session be the next regular meeting. on roll vote, Brock "aye,
Cott, "aye", Killer "aye", Smith "aye", Chew "nay", Perry "nay",
and Mayor Castleberry "aye". Motion carried with a 5-2 vote.
15. Thire was no Executive Session held during the Regular
Session.
Wt.th no further business, the meeting was adjourned 10:45 p.m.
~J BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF D£NTON CITY COUNCIL MINUTES
MAY 4, 1994 7
The council convened into a joint session with the Denton
Independent School District Board of Trustees on Wednesday, May 4,
1994 in the DISD Central Services Building.
PRESENT: Mayor Pro Tem Smith; Council Members Brock, Chew, Catt,
Perry, and Miller.
ABSENT: Mayor Castleberry
1. The Council held a discussion of long range capital projects.
Dr. Albert Thomas, Superintendent of Schoolo, presented the Council
with a report from the Bond Progress Committee. He suggested
extending an invitation to Moody's to visit Denton when they were
in the area in late fall.
City Manager Harrell detailed the City's CIP projects which
included the widening of Hickory Creek Road which would be
undertaken after the end of the school year, the installation of a
signal light at Mayhill and McKinney, the installation of sidewalks
and bikeways at Willowwood, the design of South Lakes Park, the
planning for a future park site, funding enhancements for the Pails
to Trails project, the building of the branch library, the Teasley
Road project, renovation of the Denton Municipal complex and the
computerization of the Library and Fire Department.
2. The Council held a discussion regarding a vision update.
City Manager Harrell stated that the six impact groups were meeting
on a regular basis with lots of citizen participation. The Vision
Room was now being staffed on a regular basis by volunteers. Joe
Lanford would be in Denton on June 5 and 6 to meet with the impact
groups for further analysis.
3. Thoto were no miscellaneous matters for the City Council to
consider.
With no further business, the meeting was adjourned at 1:00 p.m.
MARGARET SMITH, MAYOR PRO TEM
CITY OF DENTON, TEXAS
JENNIFER WALT Rte-
CITY SECRETARY
CITY OF DENTON, TEXAS
A00001cc
s
CITY OF DENTON CITY COUNCIL MINUTES 3d d
MAY 10, 1994
The Council convened into a Special Call Session on Tuesday, May
10, 1994 at 5:30 p.m. in the City Council Chambers.
PRESF,NT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Cott, Perry, and Miller.
ABSENT: Council Member Chew
1. The Council considered adoption of an ordinance canvassing the
returns and declaring the results of the regular municipal election
held in the City of Denton on May 7, 1994.
4 The following ordinance was considered:
NO. 94-087
j AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS
OF THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DENTON
ON MAY 7, 1994.
Perry 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.
2. Oath of Office administered to newly elected council Members.
jannifer Walters, City Secretary, administered the oath of office
I1 to Jack Miller - Place 5; Euline Brock - Place 6; and Bob
Castleberry - Mayor.
3. Election of a Mayor Pro Tempore.
1 Council Member Cott nominated Council Member Brock for Mayor Pro
~J Tempore.
On roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye",
Parry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
4. The Council received a report, held a discussion and gave
staff direction regarding a grant application for a public access
system.
Gary Collins, Director of Information Services, stated that there
had been interest from citizens in the community to obtain
information via computer on City issues. Staff had held a number
of meetings with the University of North Texas regarding a public
access system. The proposal included two stages of implementation.
The first stage would include a very limited demonstration test
project to be run on UNT's equipment. This test project would be
limited to City Council agendas and minutes, Public Utilities Board
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City of Denton City Council Minutes o T 3
May 10, 1994
Page 2
agendas and minutes and Planning and Zoning Commission agendas and
minutes. It was anticipated that the test project would start in
early June of this year if given approval by the Council. The
costs associated with this test project were minimal and were
confined to the costs associated with staff members taking
formatted disks to UNT or purchasing a few modems to connect
selected city offices to the "gopher" server at UNT.
The second stage dealt with the application for a federal grant
from the Department of Commerce. This grant would allow the City
to initiate a project that would provide citizens with access to
much information regarding the city, both local universitates, all
three libraries as well as access to the world-wide Internet
system. The grant application was due in two days and if awarded,
staff would return to Council with the details of the program
including the in-kind services which would have to be provided by
the City. It was anticipated that the cost of this project would
k be approximately $300-400,000 with half of the funding coming from
the Department of Commerce grant. •ihe other half of the funding
would come from both the City of Denton and UNT in cash and in-kind
services. TWU and UNT would provide consulting and classes on how
to use the system. Public access computers would be placed in City
Hall, the Library, and recreation centers. The system could also
be accessed with an at-home computer if correctly equipped. Staff
4 was requesting permission to file the grant application. If
awarded the grant, staff would determine the feasibility and
E viability of the project and only if all things were favorable and
acceptable to the Council would the grant be accepted.
~J Lloyd Harrell, City Manager, stated that under normal procedures,
staff would bring a well researched proposal for Council
consideration. This was an unusual case in that staff wes seeking
permission to file this grant application without Council seeing
all of the details regarding the grant items. Staff was under a
narrow time frame to file for these grant funds. If successful,
staff would return with the details of the grant and Council could
then reject or accept the grant at that time.
i
Collins stated that stage one of the proposal would help determine
the viability of the project if the City were awarded the grant in
September. Staff would be able to determine the amount of
community usage.
Council Member. Cott suggested looking at franchise fees for this
i area.
Mayor Castleberry asked if there was a large request for this type
of information.
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City of Der ton City Council Minutes 9 y
May 10, 1994 3 a c 30
Page
Collins replied that staff had been contacted by a citizen
regarding this type of information. Staff had also made a
presentation to the Chamber of Commerce which had showed some
interest. An education process would have to take place regarding
the usage of, this type of information. The community would
probably be more acceptable of this type of information due to the
two universities.
Mayor individuals lwhor hadaco putersl who would be if he knew the nu mber of
information.
Collins replied that he did not know that figure. Seventy-five
percent of his staff had home computers and most of the executive
staff for the City had home computers. He was not sure of the
number for the general public.
Council Member Miller asked if each institution would need a
"gopher" server or could they share the system.
Collins replied that there would be the possibility of an overload
Institutions
onlyeronen sythe same stem. system.
Three servers would
accommodate all of the potential users.
Council Member Miller suggested looking into the possibility of
having only one "gopher".
I
~J Paul Gandell, University of North Texas, stated that not all of the
information would have to be on each machine. This was an
opportunity for a cooperative venture to work together for the
citizens of Denton.
Council Member Perry asked how an individual would have access to
the second stage of the project.
Collins stated that the City would use UNT's equipment and one
phone line with access to the "gopher" server for City of Denton
information. The information would be limited to agendas and
minutes of the City Council, Public Utilities Board and the
Planning and Zoning Commission. The second stage would provide
more information on the organization vi. modems in various
locations throughout the City. There would be more than one phone
line available and UNT's server would no lonqer be used.
Council Member Perry asked if the points of information would
include the Library and recreation centers for citizen use.
{
City of Denton City Council Minutes
May 100 1994
Page 4
Collins replied correct.
Council Member Miller asked if the School District had been
included in the project.
Collins replied aint at this time due to the narrow time frame for
the grant application.
Council Member Miller asked if it could be expanded later to
include the School District.
s
Collins replied yes plus other organizations such as FF.MA. The
grant process was for three years. The City needed to be prepared
to use continuation dollars if the grant were discontinued.
Council Member. Miller asked if the City's fiber optic system was
good for the project.
Collins replied yes but it was not included in tho grant becau3e of
possible restrictions on the usage of the fiber optic system.
Council Member Miller felt that even though the dollars and design
of the project were not yet determined, he was in favor of the
concept of the project on a trial basis.
Mayor Pro Tem Brock stated that once information about the City of
Denton was on the Internet system, the information would be
available world-wide. This would be a good marketing tool for
J Denton. Ordinances and city regulations would be available on the
J system VAch would help developers determine city regulations.
City Manager Harrell stated that the information on stage one of
the project would be limited as that type of information could be
easily transferred to UNT to their system. It was important to
limit those documents in the beginning of the project. Other
information would have to be put into the system which would take
major staff resources. With stage one of the project, staff iould
have to go to UNT with the information or place modams to make the
information transfer. There would be somo cost to the City for
stage one of the project.
Mayor Castleberry asked about staff time to input the information.
Collins replied that with stage one the stA.',. time would be miniral
as the information was already in a medial. which would be easy to
transfer or transmit.
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City of Denton
May l0 City Council Minutes
, 1994
Page 5 70se/
Mayor Castleberry asked if the Chamber Intergovernmental Committee
had suggested bringing this proposal to Council.
Collins replied he was not aware of such a request.
Mayor Castleberry stated that the Chamber was not
proposal, endorsing this
Collins replied that no vote or a
information meeting staff had attended val had been
given at the
Council Member Smith stated that she saw the value of such a system
and felt that the City should proceed with the two stages of the
proposal.
Council Member Miller stated that he appreciated the cooperative
efforts of the city and LINT and supported the concept.
Mayor Castleberry stated
want that the
nt ed to make sure that all of the were good wPossibilities ere known before
committing to the project. Parameters were known before
Consensus of the Council was to proceed with the two stages of the
project.
i With no further business
the meeting was adjourned.
i
ROB CASTLEBERRY, ARMOR
CITY OF DENTON, TEXAS
JENNIFER WALTERSr 1
CITY SECRETARY
s } CITY OF DENTON, TEXAS
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8307
Office of the City Manager
i
CITY COUNCIL REPORT
i
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: June 3, 1994 i
SUBJECT: Request From Promise Keepers To Close Avenue E Between
Eagle Drive and Highland Street
I
RECOMMENDATION:
To temporarily close Avenue E, between Eagle Drive and Highland
Street on Saturday, June 11,1994, from 7:00 a.m. until 12 noon,
from 5:00 p.m. until 8:00 p.m,, and from 10:00 p.m. until 11:30
for the
p.m., Promise Keepers Conference at Fouts Field, the
University of North Texas.
f
LUMARML
Promise Keepers has requested that the street be closed to provide
safety for attendees at the conference. This is a religious
organization which conducts events to reinforce ideals and
principles and is specifically targeted for men. The event will
be held on Saturday, June 11, from 8:00 a.m. until 10:00 p.m. and
will feature nationally recognized speakers and authorities. Chief
Eric Jackson of the University of North Texas Police Department has
been briefed and concurs with this request.
Please advise if I can provide additional information.
RESPE FULLY SUBMITTED:
Lloyd V. Harrell _
City Manager
Prepared by:
r~ osep Portugal
Assistant to the City Manager
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"Dedicated to Quality Service"
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I REQUEST FOR STREET CLOSU~tE 6-,~- L~
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Organigation Requesting Street Closures Prom ce Keepers -
Contact Persont rnry.~
Addressi 1200 E. Copeland Rd., Arlington, Tx 76011
Phone Number= 7 261-9495
Street To Be Closed:
i Date and Time To Be Closedt 6-11-94: 7:00 a.m. - 12 nocn, 5:00 p.m. - 8:00 p.m.
1 10:00 - 11:30 p.m.
Intersecting Streets: rig, nrlirp and Nightand CLrpA_
:
i Reason For Closure: Safety of attendees at a Promise Keepers' Conference
i
held at Fouts Field, University of North Texas
Please complete the lower portion of this form. ALL property owners and/or
or u inoppo ition contact-ea t h stret elow with
tenants of bbyeinthe street g in favor closure
an indication
Name of Property owner/ Address Authorised savor/
Tenant of Property Si nature oppose
1.University of North Texas
2.
3.
4.
~ 5.
6.
7.
8.
9.
AMMOOOFC
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DENTON
TEXAS
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FOUTS FIELD, UNIVERSIYY OF NORTH TEXAS
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UNIVERSITY OF
N Wim NORTH TEXAS
SATURDAY, JUNE 11
8:00 d,m • 11.00 a m........., walk up Registration -
--.Wmmw -
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l1,00 Session • 1:31 p.m. James Ryle we 4 ~ y
~ Ar1E1 'k f
' SesSfal 1 Pastor
Session 2 Patex A. Lewis Panerson jr, Session 3 Dr. Srece Farrar w~
~
DMW
FT.BEfK
SATURDAY AFTERNOON --mono
130 p m. • 2 30 pm .......,,.Break
--.won"
2:30 p.m. • 5,00 p.m.
Session 4. .....................PA54& Freddie Garcu
i Ga Sma9ey ---Sam ;
. i..nner . will be served BRING el O In brinTOURg the pCOYERRIOproP - rWl roFouls Fiingeare, ld sunscreen. an outdoor sodium, so don't ----own
S'oo Session _
water tanks, and hat
m. 7:00 . " [l~~
PARKING AND TRAVEL - We strongly encourage ycu Id travel in ar•
SATURDAY EVENING pools and buses beauseparking Is llmited.Th3nis WO on-ounpuspuk•
7:00 p.m. • 10:00 p.m. Ing availably. look for sans directing you to offtampus iota and u1i -Eft I
Dr. Tony Evan 1M ara''d lable shuttle bus servo to the stadium. We will send you addim ---Oman
Dr
Session 6 y tWjs rkkg and traffic information prior to the conferona. Imils and
Bill k . on IcCartnVY h not onry your Iriwas and family, but with men Iron, different ---NOON
.
Session 7..
ethnic and denominational backgrounds. This way the corterena will be --.m
ElC a WORSHIP
SPECIAL. Led By M q with . . Al.orrMau Chipman nnalha! Men's S Prai aise Band Green conference urdslnc4 ay. we We Inmrpgo wld terveau to Conces brunch
apman and Te riy Clark
stands way to
wIll be o " ---Odom
Special Dhaic By during Ill entireevert. ---OEM
---OEM
MINISTRY Ill - Flan on visiting a varety of ministry booths that _
locus on men a mum These booth will open 11 a 30 a m. In addition, d ---mmw!
Promse KtIPta rratenals w, be eveiaeie at Fouts skid _.M•m~
JONI US M PRAYER - We ask that you would )Din us in pfeyr and --.dmm
fasting through DM lunch a week tor Promise Keopers'44 in Denton and --Omw ~
fa the men al our nation. --NINON
REGISTRATION fEE
Pre-regis"fion: $45 00 (musl N poslmaAed try May 28) ---mum
Walk-up region: SM Dg
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DENTON SPEAKING TEAM
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Pn* PIM JIM" "0 Dsry tmn"
Dr. Tat Dr. DM FKM Founder d d Acid flow A LJdS PreeiaeM d
Pas
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Ems ft" 1 Pastor, Oat DYN r Fonts 6"" Pairs Air LwdenlriP Keepm Pronlhe Nrdo Todaara Famft
FallawfraP, D", , Tx Victory TempM Sunday Sloe argil LongmorK 00
CNN* MW*W &A 001111 WAvesy Had 5,7 ,U. eanwm
So Ams, TX FOAO Coach Nadorey Sseadd -.000M
j cpww>eon U SA _-Mono"
TO REGISTER SEE ►AOE 2. IF YOU NEED ADDITIONAL REGISTRATION FORMS, PLEASE GALL 307.456.7295. --e
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RESOLUTION NO. EAGLE
VE AN HIGHUND r1, STREET TEMPORARILY ON ATURDAYrS JUNE AVENUE 1, 1994E ANDNPROV DINGIFOR AND
EFFECTIVE DATE.
WHERL'A.;, Gary Turner, representing promise beepers, is re-
its sinterseation with Highland street intersection a public street within the
corporate limits of the City of Denton, Texas, be temporarily
closed to public vehicular traffic between the hours of 7:00 a.m.
until 12 noon, from 5:00 p.m. until 8:00 p.m., and from 10:00 p.m.
until 11:30 p.m. on Saturday, June 11, 1994, for the purpose of
controlling traffic; and
WHEREAS, Chief Eric Jackson, of the University of North Texas
Police Department, has signed a petition to the City Council
agreeing with the temporary closing of Avenue E between Eagle Drive
and Highland Street; NOW, THEREFORE,
t THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
fiM,1 y_1. That Avenue E, from its intersection withsEagle
Drive to its intersection with Highland Street, a publ
within the corporate limits of the City of Denton, Texas, be
' temporarily closed to vehicular traffic from the hours of 7:00 a.m.
E until 12 noon, from 5:00 p.m. until 8:00 p.m., and from 10:00 p.m•
until 11:30 p.m. on Saturday, June 11, 1994, for the purpose of
controlling traffic.
sECTiON I1. That the City Manager shall direct the appropriate
City Department to erect barricades on Avenue E from its intersec-
tion with Eagle Drive to its intersection with Highland Street, at
7:00 a.m. p and
them removedata8:00 them rem and at 1000 p.m. and 5have themaremoved
4i at 11:30 p.m. on said date.
SECTION III. That this resolution shall become effective
f immediately upon its passage and approval.
IIII~
PASSED AND APPROVED this the day of 1994.
s•
BOB CASTLEBERRY, MAYOR
C
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arATTEST: CITY SECRETARY
JENNIFER WALTERS,
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7V01 / TELEPHONE (817) 566-8307
i
Office of the City Manager
CITY COUNCIL REPORT
f
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
}
DATE: June 3, 1994
SUBJECT: Request For An Exemption From the Noise Ordinance For
Juneteenth Celebration Until 12 Midnight On Friday, June
17 and Saturday, June 18
i BACKGROUND:
Willie Hudspeth, representing the Juneteenth Celebration Committee,
has requested that the City Council grant an exemption to the noise
ordinance during the Juneteenth Celebration, Friday, June 17, from
6 p.m. until 12 midnight, and on Saturday, June 18, from 6 p.m.
until 12 midnight. The noise ordinance declares loudspeakers,
amplifiers, and musical instruments a noise nuisance, particularly
after the hour of 10:00 p.m. (please see copy of ordinance
attached). However, the ordinance states that the City Council may
make exceptions when the public interest is served.
In recent years, the Juneteenth festivities have enjoyed much
success due to the support of area residents and the extensive
coordination between the planning committee and City Departments.
Last year, the celebration was held un Saturday, June 19, and
involved only the one day. Temporary regulations were used to
mitigate any bottlenecks and traffic jams and area residents were
routinely allowed to enter and exit as needed.
I
The event, co-sponsored by the Parks and Recreation Department and
a citizen committee, is held annually in Fred Moore Park. The
celebration will include food and information booths, games and
activities, dance contest, softball tournament, basketball
tournament, and a parade. The year's event is scheduled `rom 6:00
p.m. until 11:00 p.m. on Friday, June 17, and from 9:00 a.m. until
11:00 p.m., on Saturday June 18. Mr. Hudspeth has requested that
the event be exempted from the noise ordinance until midnight on
Friday and Saturday. The event ends at 11:00 p.m. on both nights
yet the crowd may not be cleared until midnight.
The Juneteenth Committee has also requested that the regular Fred
Moore Park hours be extended from 10:00 p.m. until midnight. This
12
F, a, > "Dedicated to QualUy Senice"
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was necessary to allow for the crowd at Juneteenth to leave the
park after the event ends at 11:00 p.m. on Friday and Saturday.
Ttre Parks and Recreation Department is given the authority to grant
this extension in the City Code and has granted its permission.
PROGRAMS ._PIP& MEN S. OR GROUPS AFVECTED:
Juneteenth Celebration attendees and neighborhood residents.
FISCAL IMPACT:
None.
Please advise if I can provide additional information. t
RESPECTFULLY SUBMITTED: E
I
Lloyd V. Harrell
City Manager
Prepared by:
Aose Portugal
Assistant to the Cit Manager
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINN'EY / DENTON, TEXAS 76201
I
M E M O R A N D U M
e e- e e o 0 0= e 1
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tlDATE: May 19, 1994
TO: Joseph Portugal
Assistant to the City Manager
FROM: Janet Simpson
Superintendent of Leisure Services
SUBJECT: Juneteenth Activities
The staff at Martin L. King, Jr. Recreation Center have worked
closely, for several tenths, with the Juneteenth Committee to plan
and coordinate the 1994 Juneteenth Celebration. A list of the
committee members is attached for your information.
The committee has recommended that all activities take place on the
following dates and times:
Friday, June 17th 1
Praise in the Park (7:00 p.m. - 11:00 p.m.)
Softball Tournament begins (7:00 p.m. - 10:00 p.m.)
Saturday, June 18th
Softball Tournament (9:00 a.m. - 11:00 p.m.)
Grand Parade (Line up at 9:00 a.m. at Civic Center)
` Basketball Tournament (4:00 p.m.)
DJ Entertainment (Noon - 11:00 p.m.)
~,'r, r Bands and Dance Contest (5:00 - 11:00 p.m.)
Booths and activities (9:00 a.m. - 8:00 p.m.)
Tlf 41
It is my understanding thrt all activities conclude prior to or at
11:00 p.m., leavJAg staff and volunteers about an hour to break
down and remove any equipment and supplies.
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8171586.8200 D/FW METRO 434.2629
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s Juneteenth Celebration
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At their May 19th meeting, the committee elected not to hold any
'r activities on Sunday, June 19th.
As with all large special events, the Police Department is included
on the committee and aware of the activities scheduled for the
weekend.
4 e
Please contact my office at x6274 if you have any questions or need
T additional information.
Jan t Simpson j
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Attachment
xc: Rich Dlugas
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J"ETEENTH CELEBRATION COMMITTEE
Willie Hudspeth, Chairperson
Sharon Ingram Secretary
Elihu Gillespi
e, Martin L. King, Jr. Center Supervisor
Bobby Givens, Parks and Recreation Department
Floyd Singleton, Parks and Recreation Department
Craig Copeland, Denton Police Department
Inersca Lockhart
Robert Hicks +
Catherine Bell
Harry Bell
Lawrence Cochran
Food/Game/Information Booths: E
Elihu Gillespie - Chairperson
e
,
Parade:
Inersca Lockhart - Co-Chair
Sharon Ingram - Co-Chairpersonson
Music/Entertainment:
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Lawrence Cochran - Chairperson
SOftball/Basketball:
Elihu Gillespie - Coed Softball Tournament
Floyd Singletons - Basketball Tournament
Bobby Givens - Basketball Tournament
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Chapter 20
NUISANCES,
Art, I. In General, 44 20.1-20.30
Art. 11, Abandoned Property, Of 20.31-20.70
Div. 1. Generally, If 20.31-20.40
Div. 2. Motor Vehicles, If 20.41-20.70
Aft. Q1. Grass and Weeds, 44 20.71-2f'13
ARTICLE I. IN GENERAL
1
I Sec. 20.1. Noise.
(a) It shall be unlawful for any person to make or cause any unreasonably loud, dis•
turbing, unnecessary noise which causes or may cause material distress, discomfort or injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to substantially interfere with the comfortable enjoyment
of private homes by persona of ordinary sensibilities.
(c) Tile following acts, among others, nee declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive:
ill The playing of any phonograph, television, radio or any musical instrument in such
manner or with su• h volume, particularly between the hours of 10:00 p.m. and 7:00
a.m,, as to annoy or disturb the quiet, comfort or repose of persons of ord nary sen-
sibilities in any dwelling, hotel or other type or residence;
(2) The use of any stationary loudspeaker, amplifier or musical instrument d.r such manner
i
or with such volume as to annoy or disturb persona of ordinary vneibiL'ties in the
immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7:00
a.m., or the operation of such loudspeaker, amplifier or musicsi instrument at any
time on Sunday,, provided, however, that the city council may make exceptions upon
application when the public interest will be served thereby,
(3) The blo-Ang of any steam whistle altact>: to any stationary boiler or the blowing of
any other loud or far-reaching steam whittle within the city limits, except to give
,
notice of the time to begin or atop work or as a warning of danger
l11 time other thaexcavation,demolition, alterationor repair work on any building at any
n between the hours of 7:00 a.m. and 8:30 p.m., Mondsi. through
r oCroa references-Protected migratory bird roosts declared nuisance, 16-87; inspection
and abatement warrants, 119-86 et seq.; insect and rodent control in mobile home and rec-
reational ve'ticls parks, 32.91.
1389
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120-1 y
DENTON CODE
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Saturday; provided. however, that the city council may issue special permits for such
work at other hours in case of urgent necessity and in the interest of public safety and
convenience;
(5) The creation of any loud and excessive noise in connection with the loading or un-
loading of any vehicle or the opening or destruction of bales, boxes, crates or con-
tainers;
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, show, theatre,
motion picture house, We of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
(Code 1966, ii 14.20, 14.21)
Cross reference-Animal noise, 16-26,
Sec. 20.2. Odors.
(a) it shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially interfere with the comfortable t
enjoyment of private homes by persona of ordinary sensibilities.
(c) The following acts or conditions, among others, are declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be exclusive:
(1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where
animals are kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
(2) Offensive odors from privies and other similar places;
(3) Offensive odors from the use or possession of chemical or from industrial processes or
activities which disturb the comfort and repose of persons n: ordinary sens;bilities;
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances;
(5) Offensive odors from stagnant pools allowed to remain on any premises or from
rotting garbage, refuse, offal or dead animals on any prem es.
1.- (Code 1968, if 14.22, 14.23) '
!a
Sec. 20.9. Garbage, trash and rubbish nuisances-Generally.
(it) Storing or keeping garbage, trash and rubbish. The storing or keeping of any and all
stacks, heaps or piles of old lumber, refuse, junk, old cars or machinery or parts thereof,
garbage, trash, rubbish, scrap material, ruins, demolished or pertly demolished structures or
buildings, piles of stones, bricks or broken rocks on any premises bordering any public street
Upp. No. 1 1390
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.CITY
~COUNCI
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 5EE•8307
Office of the City Manager
i
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: June 3, 1994 1
i SUBJECT: Request For An Exemption From the Noise Ordinance For
the Pro Youth Rodeo Association Until 12 Midnight On
Saturday, June 11
i
BACKGROUND:
J. Mike Riley, representing the Pro Youth Rodeo Association, has i
requested that the City Council grant an exemption to the noise
rr;l ordinance for use of a loudspeaker for the purpose of conducting
a youth rodeo at the North Texas Fairgrounds Arena, Saturday, June
11, from 10 a.m. until 12 midnight. The noise ordinance declares
loudspeakers, amplifiers, and musical instruments a noise nuisance,
particularly after the hour of 10:00 p.m. (please see copy of
ordinance attached). However, the ordinance states that the City
I Council may make exceptions when the public interest is served.
. 1
The event is sponsored by the Pro Youth Rodeo Association, a non-
profit organization that introduces children to the sport of rodeo.
The association draws contestants from age 4 to age 19. This event
will have corporate sponsorship from a number of area businesses
and involve youth from the Denton County area.
PROGRAMS DEp1~RTMENTS OR GROUPS AFFECTED'
Area residents.
1
FISCAL IMPACT:
v S?
xr, None. I
Please advise if I can provide additional information.
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a ' RESPECTFULLY SUBMITTED:
Lloyd V. Harrell l
;1 „•F City Manager
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Prepared by: a~~s
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Assistant to the City Manager k
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Denton Cdy cour>ca
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Denton, Texas 762014229
To Members of the Denton City Council.'
Pro Youth Rodeo Assoclat'xxr respectively requests an exemption for the use of a loudspeaker for
the purpose of conducting a youth rodeo at the North Texas Stele Fairgrounds Arena.
~ i~f1I1L
Saturday, June 11, 1994 12:00 Midnight
The location is 2217 North Carrog Boulevard, North Texas State Fairgrounds.
Pro youth Rodeo Association is a ran-prold organization that introduces children to the sport of
from 4 years of rodeo. The association draws oontestards
sponsored by soveral WA businesses. Many children age Denton r County will participate.
1
Thank you for your consideration.
S'rrcerety,
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Pro Rodeo Assoc
Pro
do J. Me Riley
Route 1 Box 366A
Denton, Texas 76207
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17-
Chapter 20
NUISANCES$
Art. 1. In General, if 241-20.30
Art. II. Abandoned Property, if 20.31-20.70
Div. 1. Generally, if 20.31-20.40
Div. 2. Motor Vehicles, 1120.41-20.70
Art. III. Grams and Weeds, if 20.71-2473
ARTICLE I. IN GENERAL
Sec. 20.1. Noise.
(a) It shall be unlawful for any person to make or cause any unreasonably loud, dis-
turbing, unnecessary noise which causes or may cause material distress, discomfort or injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to substantially interfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities.
(c) The following acts, among others, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive:
(1) The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10:00 p.m. and 7.00
a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen-
sibilities in any dwelling, hotel or other type or residence;
(2) The use of any stationary loudspeaker, amplifier or musical instrument in such manner
or with such volume as to annoy or disturb persons of ordinary sensibilities in the
immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7:00
a.m., or the operation of such loudspeaker, amplifier or musical instrument at any
time on Sunday; provided, however, that the city council may make exceptions upon
application when the public interest will be served thereby;
(3) The blowing of any item whistle attacbed to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle within the city limits, escept to give
notice of the time to begin or stop work or ss a warning of danger,
(4) The erection, excavation, demolition, alteration or repair work on any building at any
time other than between the hours of 7:00 a.m. and 6:30 p•m., Monday through
'Cross references-Protected migratory bird roosts declared nuisance, 16-87; Inspection
c ; ' E and abatement warrants, # 19.86 et seq.; insect and rodent control in mobile home and ree.
reational vehicle parka, 132-91.
1389
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Saturds , provided, however, that the city council may issue special permits for such
work at other hours In case of urgent necessity and in the interest of public safety and
convenience;
(5) The creation of any loud and excessive noise in connection with the loading or un-
loading of any vehicle or the opening or destruction of bales, boxes, crates or con-
tainers;
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, ebow, theatre,
motion picture house, We of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
(Code 1966, if 14-20, 14.21)
Cross reference-Animal noise, i 6.26.
Sec. 20.2. Odors.
(a) It shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially interfere with the comfortable s
enjoyment of private homes by persons of ordinary sensibilities.
(c) The following acts or conditions, among others, are declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be exclusive:
(1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where
aninials are kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
(2) Offensive odors from privies and other similar places;
(3) Offensive odors from the use or possession of chemicals or from industrial processes or
activities which disturb the comfort and repose of persons of ordinary sensibilities;
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances;
(5) Offensive odors from stagnant pools allowed to remain on any premises or from
rotting garbage, refuse, offal or dead animals on any premises.
(Code 1966, ii 14.22, 14.23)
Sec. 20.2. Garbage, trash and rubbish nuisances-Generally,
(a) Storing or keeping garbage, trwA and rubbish. The storing or keeping of any and all
stacks, heaps or piles of old lumber, refuse, junk old can or machinery or parts thereof,
garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or
buildings, piles of stones, bricks or broken rocks on any premises bordering any public street
t
3upp. No.1 1390
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Agendalle
CITY COUNCIL. REPORT FORMAT /d
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To: Mayor and Members of the City Council
From: Lloyd V. Harrell, City Manager
I
3 Subject: HOLDA PUBLIC HEARINGAND CONSIDER ADOPTION OFAN ORDINANCE
ANNEXING AND TEMPORARILY ZONING A TRACT OF 79.69 ACRES
LOCATED ALONG FM 2164 AND EXTENDING APPROXIMATELY3,482 FEET
NORTH OF BOBCAT ROAD. (FIRST READING)
y 1iFCOMMENDATiON: ' I
The Planning and Zoning Commission recommends approval.(6 - 0)
i
SUMMARY:
An ordinance annexing and temporarily zoning 79.69 acres located along FM 2164
and extending approximately 3,482 feet r )rth of Bobcat Road is attached. (See
attachment #1) Exhibit "A" of the ordir. :.re contains the legal description of the
tract to be onnexed. The Service Plan included in appendix "B" provides for the
extension of fc'.1 municipal services to the tract. The Ordinance also provides for
temporary zoning of the tract to Agriculture "A" zoning district classification.
The current city limits on Bobcat Road was established by Ordinance #74-36 dated
September 3, 1974. The proposed annexation will move the city limits 3,482 feet ;
North of Bobcat Road on FM 2164. !
BACKGROUND:
The proposed annexation and temporary zoning of this tract has been initiated by
i the City in order to expand the extraterritorial jurisdiction to includc mo,t of the
area South of FM 2153. City Council held a discussion with regard to the proposed
annexation on Apri119, 1994 and approved an annexation schedule. The first and
r , second public hearings were held before the City Council on May 3, and May 17,
' 1994. On both occasions Mrs. Delaney who lives outside of the subject tract spoke
i` in opposition. The Plarur ng and Zoning Commission considered the proposed
annexation and temporary zoning of the tract on May 25, 1994 and unanimously
recommended adoption.
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PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: o~d ~y
All city service departments; including Utilities, Engineering, Planning and
Development, Fire, Police, Solid Waste, Environmental Health, Parks and Recreation,
and Library.
FISCAL IMPACT:
The annexation and ultimate development of this tract will expand the city's tax
I base.
Resp lly submitt
O~N
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Lloyd V. Harrell
City Manager
Prepared by:
Harry N. Persaud, AICP
Senior Planner
Approved:
i
Frank H. Robbins, AICP
Execudve Director for
Planning and Development
Attachment #1: Ordinance
Attachment #2: P & Z minutes
Attachment #3: Site map
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ATTACHMENT 2 r~ -
MINUTES
PLANNING AND ZONING COMMISSION ll~~
May 25, 1994
The regular meeting of the Planning and Zoning Commission of
the City of Denton, Texas was held on Wednesday, May 25, 1994,
and began at 5:00 p.m. in the City Council Chambers, 215 E.
McKinney.
PRESENT FROM P&Z: Chairman Engelbrecht, Mike Cochran, Katie
Flemming, Dick Norton, Richard Cooper, Barbara Russell
ABSENT FROM P & Z: Dr. Huey
PRESENT FROM STAFF: Frank Robbins, Executive Director of
Planning and Development; Owen Yost, Urban Planner; Mike
Bucek, Assistant City Attorney; Jerry Drake, Assistant City
Attorney; Gerald Cosgrove, Engineering Administrator for
Water/Wastewater; David Salmon, Senior City Civil Engineer;
Jim Harder, Director of Electric Utilities; Joe Thompson,
Airport Manager; Veronica Oglesby, Administrative Assistant
I; Gary Collins, Director of Information Services; Todd
Parton, Urban Planner; Kathy DUBose, Acting Executive
Director of Finance; Jon Fortune, Management Services
Administration; Harry Persaud, Senior Planner; Lee Allison,
Director of Water Operations and Engineering; Rich Dlugas,
Parks and Recreation; Jerry Clark, Director of Engineering
and Transportation; Lisa Manning, Secretary.
I. Consider approval of the minutes of the April 27, 1994
meeting.
i
s Mike Cochran made the motion to approve the minutes of
April 27, 1994. Ms. Russell seconded the motion. The
motion carried 6-0.
II. Hold a public hearing and consider making a recommenda-
tion to the City Council with regard to the proposed
annexation and temporary zoning of 79.69 acres located
along FM2164 north of Bobcat Road (A-65).
Staff report Presented by Harry Persaud.
Mr. Chairman and members of the Planning and Zoning Commis-
sion, the city proposed to annex a tract of 79.69 acres of
land located north of Bobcat Road. The current city limits on
the center line of Bobcat Road were established in 1974. We
are moving 3,482 north of Bobcat Road so that the city can
establish new ETJ control in the north in the area of 2153.
The shaded area on the slide is located east of 2164 and south
of 2153. The Texas Natural Resources Conservation Commission
has recently authorized Denton to provide Water / Wastewater
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Agenda P&Z Commissions
f
May 25, 1994
Page 2
services to extend farther north to the area east of 2164
south of 455. We are merely extending our ETJ area north. As
you will notice Sangers ETJ is shown on the map. We couldn't
go farther north based on this annexation. So far, we have
held two public hearings before the city council and the
Delaney family that lives outside of that area is opposed to
the annexation. They are contending they probably will have
to pay city taxes if the city does move farther north.
k Ms. Russell: We talked about this another time didn't we?
> Mr. Persaud: We talked about the regulatory line in Division
I & II. We will be coming back after the annexation shortly
to have Division I extended to that area as well. The purpose
of Division I is to be able to implement the subdivision
regulations in those areas so we can have better control of
development in those areas. Division II is that area which is
outside of Division I. We are exempting those from the city's
subdivision regulations, and we are using the county regula-
tions in those areas.
Mr. Norton: Am I to presume that the lire on here marked
Sanger ETJ is also the extent of our ETJ?
Mr. Persaud: That is correct. Denton's ETJ goes up to
Sanger's ETJ at this time.
Mr. Norton: The area that is proposed to be included in our
I ETJ, is that not in Sanger's ETJ now?
Mr. Persaud: No. It is a violation of the local government
code to extend ETJ into another :sties ETJ.
Mr. Robbins: There is an area now between Denton's ETJ that
is south of that area. If you see line on the southern
boindary, that is their existing ETJ, if you go north of that,
yoi get to the line that says Sanger ETJ, that is in nobodies
ETJ. The ETJ of Denton and the ETJ of Sanger are not cotermi-
nous,
Mr. Persaud: The area Frank is referring to is not in any
city's ETJ. It is still an unincorporated area in the county. I
There are no homes in this area, just agriculture and pasture
land. The tract extends 450 feet on the east side of the
1 center line of 2164 and 550 on the west side making the total
of a 1000 foot strip.
Ms. Russell: Is there some reason we didn't want to incorpo-
'Agenda p&Z Commission
May 25, 1994
page 3
rate all of that land?
aud: Yes. are some ri around
Mr. Pers
the curve from thatTproposed tract omIf lwe had gonetfurther
rom the included n area, homes. We decided to
north, we would
exclude them f
Ms. Russell: Why would we want to do that?
Mr. Per io al tax burden on those presidents,area would incur
Ms. Russell: Would that not have been income for the City of
Denton?
Mr. Persaud: Yes, it would contribute to our tax base, but we
would not havebeen
looking at provide
Currently annexations in that area
further
based ,1we councIls may be coming direction, back f to l you nlater they decision by
council
Mr. Robbins: I think you asked an excellent question, one
that isn't discussed much. I would like to dive into that. The
The City of Denton existing line was annexed
ofi people. think
is the rovision of services. to rthink
issue i p is going p
when the city annexes it, that the city water and wastewater service. That is not the case, the water
ands icit t's
1 and wastewater provided
development occursoutside
/ under r the same
needed it gets built by the developer or if there is a
,
problem in the area, it could be a capital improvement issue.
i We think about the services that z have a be deli eredsimmedi
ately upon annexation, they g
They have to have fire and police protection and garoage
service. In my thinking, if you extend amoit u the road a unt of additionaiitime
further and pick tip some houses,
that it takes our fire and police departments to get there is
not much It is not even a ninute. services.at essentially the same level in We thcan at area thattthgy
are provided in the area just south. That meets the state law
requirement. I thick fundamentally we don't annex areas that
are perceived by roost of us to be way out Viere is because
there is a fu.irovide. perception Fu damentally, it is basedwonlthe
difficulty to provide.
i complaints from the people visiting with us at public hear-
ings. In this case, it is just a trade off. The goal is to
have subdivision regulation authority where we have a CCN.
The purpose was not to have additional tax base. I don't
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Agenda P&Z Commission
May 25, 1994
Page 4
think the fiscal impact of that annexation would be much
greater. We have to be careful about that. The intent is to
get the subdivision regulation control out there where we have
water and wastewater authority. There wasn't any need to
annex people and essentially have them pay us for stuff they
don't perceive they are getting when they get annexed.
Mr. Engeebrecht: The city in this case is the petitioner, so
we have heard from the petitioner as wall. Is there nyone
present who would like to speak in favor or in opposiLion to
this petition. The public hearing is closed. Mr. Persaud any
further comments?
Mr. Persaud: Staff is recommending that you foward a favor-
able recommendation to city council.
Mr. Englebrecht: Has anyone in the area of proposed annex-
ation objected to the annexation in the public hearings?
Mr. Persaud: There has been two public hearings before the
city council on this annexation. As you have directed us in
the past, though not required by state law, we did send
i courtesy letters to all of the property ownerc within the area
to be annexed. Those letters were sent before the public
hearings were held at the city council. I have gotten a call
from one land owner, he didn't hava any problems, as he was
kind of speculating about future developments in that area.
We haven't gotten any written or oral objections from people
in that area.
Mr. Norton: I move that we approve case #A-65.
Ms. Russell: I second the motion.
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Mr. Englebrecht: I has been moved and seconded to recommend
approval to the city council. Motion carries 6-0.
III. Cooper Landing
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a. Hold a public hearing to consider an amendment to
Planned Development No. 72 by revising the Detailed
Plan of a portion of Cooper Landing. The 14.461
acre site is located on the north and et,st sides of
Hell Avenue, east of Locust Street.
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ATTACHMENT 3 e~'
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A-65 FM 2164 (1000' Strip) 7~,
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SITE
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Location Map ~y
Date: 3/8194 Scale: None
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ATTACHMENT ] 7q
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING 79.69 ACRES OF
LAND LOCATED ALONG FM 2164 AND EXTENDING APPROXIMATELY 3,482 FEET
NORTH OF BOBCAT ROAD AND INCLUDING 450 FEET ON THE WEST SIDE AND
550 FEET ON THE EAST SIDE OF FM 2164; APPROVING A SERVICE PLAN FOR
THE ANNEXED PROPERTY; APPROVING A TEMPORARY AGRICULTURE (A) ZONING
DISTRICT CLASSIFICATION FOR THE ANNEXED PROPERTY; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton wishes to extend its extra-
territorial jurisdiction to include the area South of FH 2153 and
East of FM 2164; and
WHEREAS, public hearings were held in the Council Chambers on
May 3, 1994, and May 17, 1994, (both days being on or after the
40th day but before the 20th day before the date of institution of
the proceedings) to allow all interested persons to state their
views and present evidence bearing upon this annexation; and
WHEREAS, the Planning and Zoning commission unanimously
recommended approval of this annexation on May 25, 1994; and
WHEREAS, annexation proceedings were instituted for the
property described herein by the introduction of this ordinance at
a meeting of the City Council on June 7, 1994; and
WHEREAS, this ordinance has been published in full one time in
j the official newspaper of the City of Denton after annexation
proceedings were instituted and 30 days prior to City Council
taking final action, as required by city Charter; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the tract of land described in Exhibit "A",
attached hereto and incorporated by reference, is annexed to the
City of Denton, Texas.
A= ION 11: That the service plan attached as Exhibit "B" and
incorporated by reference, which provides for the extension of
municipal services to the annexed property, is approved as part of
this ordinance.
SECTION III: That the property annexed is temporarily zoned
for Agriculture "A" district classification and use designation
under the comprehensive zoning ordinance of the City of Denton,
Texas.
SECTION IVt That the City's official zoning map is amended to
show the zoning district classification of the property annexed.
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AU art of this ordinance be held illegal
~rr•,Tnx V: Should any p mdeclares it to be its
""g"' the holding shall not affect the rEain ng P
for any reason, Council hereby pro arty
of this ordinance and the City of Penton all the real p p
purpose to annex to the City effectively annexed to the City.
described in Exhibit A* is hereby regardless of whether any other included part of
within
the described property arty annexed is already
if any part of the real prop of Denton or within the limitseof ans
the city limits of the City excluded from the
town or village, or is not within the City other city, same is hereby
~ jurisdiction asefully the as if the excluded area were expressly
territory
described in this ordinance. any provision of this
fined a sum not exceeding
cgCTiON VI; That any person violating
f
ordinance shall, upon conviction, roviaion of this ordinance is
$2,000.00• Each day that a p
violated shall constitute a separate and distinct offense.
ordinance effective
assage, and the city
SgrYrr N VII; That this shall become
fourteen (14) days from the date of its till of this ordinance
is hereby directed to cause the cap the official
Secretary days of the
to be published twice of DentonntTexaecord within ten (Chronicle,10)
newspaper of the Y
date of its Passage.
day of '
PASSED AND APPROVED this the
( 1994.
I j bfA
' BOB CASTLEBERRY, YOS
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\ ATTEST:
JENNIFER WALTERS, CITY SECRETARY
1
i BY S
j APPROVED DRA OTo LEGAL FORM VITcH. CITY ATTORNEY
DEBRA A.
BY:
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EXHIBIT 'A'
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BEING a tract of land 1000.0 feet wide located in the M. Langston
Survey A-737, the W. Johnston Survey A-681, the J. Burn Survey A-
130 and the S. Blish Survey A-40 Denton County, Texas and also
being located 450 feet on the west side of the centerline of FN
Highway 2164 and 550 feet on the east side of FM 2164 and
containing 79.697 acres of land. The centerline of FM 2164 that is
included within the 79.697 acre tract is further described as
follows:
BEGINNING at a point in the existing city limits, as established by
City ordinance No. 74-36, Tract 3, said point lying in the south
i line of the W. Johnston Survey A-681 and also in the north line of
p the W. Roark Survey A-1095=
THENCE north 30 23' west a distance of 2884.8 feet to the teginning
of a curve to the right, whose radius is 2864.93 feet and central
angle is 110 561 170j
THENCE in a northeasterly direction with said curve to the right a
distance of 597.41 feet to the end of this centerline.
AEE0028C/11
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EXHIBIT "B"
SERVICE PLAN
Annexation Number. A-6S
Acreage annexed: 79.697 Acres
Location: Along FM 2164 and extending approx. 3,482 feet North of
Bobcat Road and Including 4SO feet on the Westside and SSO
feet on the Eastside of FM 2164. (A-65)
A. Police Services
1. Patrolling, response to calls, and other routine
services will be provided on the effective date of
the annexation, using existing personnel and
equipment.
2. Upon ultimate development of the area, the same
level of police services will be provided to this
area as are furnished to comparable areas within
the City.
B. Fire protection and Emergency Medical Services (MS)
1. Fire protection and emergency medical services by
the present personnel and present equipment, within
the limitations of available water and distances
from existing fire stations, will be provided to
this area on the effective date of the annexation.
2. Upon ultimate development of the area,the same
level of fire and emergency ambulance services will
be provided to this area as are furnished to
comparable areas within the City.
C. Water/Wastewater Services
Water and wastewater services will be extended to the
property in accordance to the City's master utility plan
and Section 34-118 of the Denton Code of ordinances.
Developers shall pay the actual cost of all water and
sewer main extensions, lift stations and other necessary
facilities required to serve their development in
accordance with the City's master utility plan and the
Subdivision and Land Development Regulations.
The City muy participate in the cost to oversize water
'-61I)
b' s
and sewer mains subject to fund availability and app
of the City Council.
Where water or sewer main extensions, lift stations,
force mains or other necessary facilities are installed
by the developer, the developer shall be entitled to
reimbursement of the cost of such facilities from pro-
rata charges paid by persons connecting to or using such
facilities to serve their property, according to the
subdivision and Land Development Regulations.
D. Solid Waste Collection
1. Solid waste collection will be provided to the
property at the same level of service as available
to comparable areas within the city, within 6D days
of the effective date of annexation.
2. As development and construction commence within
this property, and population density increases to
the proper level, solid waste collection shall be
provided to this property in accordance with then
current policies of the City as to frequency,
charges and so forth.
E. streets and goads
1. The City of Denton's existing policies with regard
to street maintenance, applicable throughout the
entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin
in the annexed area on the effective date of
annexation using the standards and level of service
as currently applied to comparable areas of the
City.
3. Reconstruction and resurfacing of streets,
installation of storm drainage facilities,
construction of curb cuts and gutters, and other
such major improvements, as the need therefore is
determined by the City Council or Manager, will be
accomplished under the established policies of the
City.
4. Traffic signals, signage and other traffic control
devices will be installed as the need therefor is
established by appropriate study and traffic
standards.
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5, Street and road lighting will be installed in the
substantially developed areas in accordance with
the established policies of the City.
F. Environmental Health and Code Enforcement Serv ces
1. Enforcement of the City's environmental health
ordinances and regulations including, but not
limited to the grass and weed ordinance, garbage
and trash ordinance, junked vehicle ordinance, sign
ordinance, food handler ordinance, animal control
ordinance, and the tree preservation ordinance
shall be provided within this area on the effective
ordinances
date of the annexation. These
regulations will be enforced through thec use and
Misting personnel.
2. Building, plumbing, electrical, gas, and all other
construction codes, as may be adopted by the City,
will be enforced within this area beginning with
the effective date of the annexation. Existing
personnel will be used to provide these services.
# 3, The City's zoning, subdivision and other ordinances
shall be enforced in this area beginning on the
effective date of the annexation.
q. All inspection services provided by the City of
Denton, but not mentioned above, will be provided
to this area beginning on the effective date of the
annexation. Existing personnel will be used to
provide these services.
5. Flood damage mitigation will be provided by
existing codes and ordinances of the city as of the
effective date of the annexation.
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5. As development and construction commence within
this area, sufficient personnel will be provided to
furnish this area with the same level of
environmental health and code enforcement services
as are furnished to comparable areas within the
city.
G. Plsnnina and Dpyeloamep~ services
The zoning jurisdiction of the City will extend to the
annexed area on the effective date of annexation. The
tract is to be temporarily r time y of zoned annexation. (A) zoning
classification at t
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I, Parks and RP^reation Se_rvices Residents of the newly annexed area may useools throughout
facilities, including parks and swimming p
the it, on the effective ameCstandards and policies noweused the the City will
s
be followed in the maintenance of parks, playgrounds and
swimming pools.
J. E a a sL nistribu ion
Electrical power will be made available to the site as
required, at the same level of service currently being
provided to comparable areas within the City.
K. Ricca l angous
4
Street names and signs will be installed, if required,
approximately six (6) months after the effective date of
annexation.
Residents of the newly annexed area may use all publicly
owned facilities, buildings or services within the city on
the effective date of the annexation. All publicly owned
facilities, buildings or services accordance with established standards i and policies noire used
4 in the City.
! L, c~anital ImQrovements Program (CIP1
such policy guidelines
~ The CIP of the City is prioritized by
as:
j 1. Demand for services as compared to other areas will be
based on characteristics of topography, land utilization,
population density, magnitude of problems as related to
comparable areas, established technical standards and
professional studies.
2. The overall cost-effectiveness of providing a specific
facility or service
The annexed area will be considered or CIP improvements ein considered
the upcoming CIP plan. This tract will according to the same established criteria as all other areas
of the City.
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DATE: 6-7-94 16-r 0
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrel], City Manager
SUBJ: Approval of an ordinance for expenditure of CDBG Program Funds
for Human Services.
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RECOMMENDATION:
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r Approve an ordinance authorizing the City Manager to sign a contract
between the City of Denton and Denton City-County Day Nursery.
+
BACKQRQUND:
On May l8, 1993, City Council approved the 1993 Final Statement of
Objectives and Projected Use of Funds for the Community Development
Block Grant Program. The Final Statement specified the use of $40,966 by
the Denton City-County Day Nursery to provide facility repairs at 1603
1 Paisley, Denton, Texas. One bid was received by the Purchasing Department.
~.J The bid amount was approximately $58,000. Community Development staff
researched the CDBG budget in an attempt to find additional dollar s for the
project. The F'Anming and capacity building account, originally set up to
assist the Denton Affordable Housing Corporation in developing their
organization, had excess funds. It was determined that $5,000 could be
transferred from that account to the City County Day Nursery project with
no adverse affect on the DAHC.
SUMMARY
The contract states that the City will provide funds for the approved
expenditures on the above listed project. Denton City-County Day Nursery
will continue to provide affordable childcare at the above listed facility to
Individuals in the community for a minimum of ten (10) years after the
completion of the project.
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'AgZndaliZm -PROGRAM1IS. DEPARTMENTS OR GROUPS AFFECTED: ? o Y7
The Community Development staff will administer the contract and
compliance by subreciplent with all pertinent federa, regulations.
FISCAL IMPACT:
There will be no impact on the general Fund. All expenditures under
contract and all City staff activities are paid from grant funds.
1
Respectfully submitted:
yd V. Ha
City Manager
Prepared by:
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Erk Billips,
Human Services Coordinator
Approved:
' , Frank Robbins, A1C" P
Executive Director for Planning & Development
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St\WpDOCS\ORD\CITY-CTY.DAY
ORDINANCE N0.
AN ORDINANCE OF THE CI AGREEMENT gETwEEN THE tCITY IOFNDENTONCAND
MANAGER TO EXECUTE
DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE EXPENDITURE O
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
authorized to
fft Te That the City ao agreement between the City of
execute, on behalf of thCoUnty'Day Nursery, a copy of which is
Denton and Denton City-
attached hereto and incorporated by reference herein.
GF,.TT~ O_ That the expenditure of funds in the amount of
Forty Five Thousand Nine Hundred Sixty-Six Dollars ($45,466.00) is
hereby authorized.
} a~~ION IVY That this ordinance shall become effective immed-
iately u passage and approval.
? da of , 1444.
PASSED AND APPROVED this the y
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BOB CASTLEBERRYj MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
i DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY %
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AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON CITY-COUNTY DAY NURSERY
This Agreement is made and entered into by and between the
City of Denton, a Texas municipal corporation, acting by and
through its City Manager, pursuant to ordinance, hereinafter
referred to as CITY, and Denton City-County Day Nursery, 1603
Paisley, Denton, Texas 76201, a not-for-profit corporation, herein-
after referred to as CONTRACTOR.
WHEREAS, CITY has received certain funds from the U. S.
Department of Housing and Urban Development under Title I of the
Housing and Community Development Act of 1974, as amended; and
WHEREAS, CITY has adopted a budget for such funds and included
therein an authorized budget for expenditure of funds for the
repair of floors and the drainage system of the City-County Day
Nursery, a local child care facility; and
WHEREAS, CITY has designated the Community Development office
as the division responsible for the'administration of this Agree-
ment and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such
project;
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 de-
scribed.
I.
TERM
This Agreement shall commence on or as of October 1, 1993, and
shall terminate on September 30, 2004, unless adjusted by the CITY.
Request for such an adjustment must be in writing and is to be sub-
mitted to the Community Development Office.
II.
RESPONSIBILITIES
CONTRACTOR 1.-areby accepts the responsibility for the perfor-
mance of all services and activities, described in the Work State-
ment attached hereto as Attachment "A", in a satisfactory and ef-
ficient manner as determined by CITY, in accordance with the terms
herein. CITY will consider CONTRACTOR'S executive director to be
CONTRACTOR's representative responsible for the managejtOVA of ail
contractual matters pertaining hereto, unless written ttio fication
to the contrary is received from CONTRACTOR, and approved by CITY.
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The CITY'S Community Development Administrator will be CITY's
representative responsible for the administration of this Agree-
ment.
III.
CITY'S OBLIGATION
$45,966
A. CITY shall provide funds in the amount of $40$0" or less
to assist the CONTRACTOR in the repair of flooring and walls at the
facility located at 1603 Paisley, Denton, Texas.
B. The CONTRACTOR agrees to hold and save harmless the City
of Denton from any and all loss, cost, or damage of every kind,
nature or description arising under this Agreement or from any
source whatsoever.
C. The CITY shall prepare agreements with the CONTRACTOR and
Architect and issue checks to the CONTRACTOR in accordance with the
contracted schedule for performance payments.
D. The CITY shall comply with HUD office of management and
budget circular A-87. The CITY shall be responsible for performing
environmental ra-iiew to insure necessary compliances are met.
E. This Agreement and the payments made hereunder are con-
tingent upon re-eipt of U.S. Department of Housing and Urban De-
l velopment Community Development Block Grant Funds, and shall ter-
minate immediately, not withstanding tho provisions of Article XV
hereof, should such funds be discontinued for any reason.
IV.
COMPLIANCE WITH STATE AND LOCAL LAWS
The CITY and CONTRACTOR agree to perform their duties in the
Programs in compliance with the U.S. Department of Housing and
Urban Development Community Development Block Grant regulations.
V.
REPRESENTATIONS
A. The CONTRACTOR warrants that it is the legal owner of the
property described in Article III, Section A and CONTRACTOR agrees
to allow the CITY access to this site for inspection purposes.
CONTRACTOR further agrees to allow the CITY to bid and execute
agreements with CONTRACTOR for the repairs of the Denton City-
C,)unty Day Nursery.
B. The CONTRACTOR shall continue to utilize the facility at
1603 Paisley, Denton, Texas for a minimum of 10 years after
improvements are completed to provide affordable child care to
individuals in the community.
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C. The CITY is the only agent authorized to designate
changes or additions to the work to be performed. Any additions or
changes to the work authorized by the CITY can only be done in
writing with the signatures of the City Manager, Mayor, or Com-
munity Development Administrator plus representatives of the CON-
TRACTOR, and the CONTRACTOR.
V1.
COVENANTS
A. During the term of this Agreement, CONTRACTOR shall not,
without the prior written consent of CITY's Executive Director of
Planning and Development or his authorized representative the CON-
TRACTOR, change the use, or function of the property.
(1) The proposed change must meet one of the national objec-
tives and the Center must not be used for the general
conduct of government.
(2) If it is determined that the changes do not meet the
national goals for use, the CONTRACTOR must dispose of
the property or reimburse this program in the fair market
amount of the property less the amount of private funds
put into the property.
B. CONTRACTOR shall comply with the uniform administrative
requirements, as described in Section 570.502 CDBG Handbook, a copy
of which is attached hereto.
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VII.
PROGRAM INCOME
All fees collected for services are considered program income,
as described in section 570.504 CDBG Handbook (see Attachment "D"),
and shall be retained by the CONTRACTOR to be used for Program
activities as previously described. Fiscal records are to be kept
and are to reflect the use of these funds.
VIII.
MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status
of the funds received under this Agreement 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
justification for each expenditure. Nothing in this Section shall
be construed to relieve CONTRACTOR of fiscal ac :ountability and
liability under any other provision of this Agreement or any ap-
plicable law. CONTRACTOR shall include the substance of this
F' provision in all,subcontracts.
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ecords, docu-
g, CONTRACTOR agrees to retain all books, r ocedures
ments, reports, and written accounting policies and pr
pertaining to the operation of programs and expenditures of funds
under this Agreement for the period of time and cinder the condi-
tions specified by CITY.
C. Nothing in the above subsectfor ionsrshaall b construeda
relieve CONTRACTOR of riefle ct the level and benefit of
current t records which clearly y
current
services provided under this Agreement. deem
D. At any reasonable time and as often as CITY may
it
necessary, the CONTRACTOR shall make available to CITY, or any of
its authorized representatives, all of of its records and shall Perm
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CITY, or any of its authorized rep t and to to auditconduct, audits examine,
make excerpts and copies of such recoar rolls, records of personnel,
all contracts, invoic ent and alll er oth data relating to the program
conditions said representatives.
requested by y the U.S.
E. 11he CONTRACTOR shall give the City of Denton,
Department of Sousing and Urban Development, or any of their duly
authorized representatives, access to and the rightatoe examine all onging books, accounts, records, reports, files and tother his Agreement. Such
I to or in use by the CONTRACTOR pertaining
rights to access shall continue as long as the records are retained
by the CONTRACTOR.
IX.
REPORTS AND INFORMATION
I ire, CON-
At such times and in such form as CITY may requ informa TRACTOR shall furnish request andtdeemepertinentrto,mattersncovered by
Lion as CITY may ay requ raga
this Agreement. excess of $2 If the Agency receives federal funds inndependent audit 0000
from any source, or if for any an is
conducted, the CONTRACTOR agrees t s affair rean alad ceiptiofcsuch,t.ed by
independent examiners within 10 day
X.
MONITORING AND EVALUATION
The CITY shall conduct a performance review of CONTRACTOR on
an annual basis or as otherwise deemed necessary by the CITY to ovision
of this
reement evaluate ce perforw, ith the mance of its dutiessof program account bili-
necessary in n th th p
ty.
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M.
INSURANCE
An insurance policy shall be secured by the CONTRACTOR to
cover liability for a minimum of ten years as stipulated by the
CITY.
MI.
EQUAL OPPORTUNITY
During the performance of this Agreement, the CONTRACTOR is
subject to Executive Order 11246, as amended, and, therefore,
agrees to the following:
(1) The CONTRACTOR will not discriminate against any employee
or applicant for employment because of race, color,
religion, sex, national origin, or familial status. The
CONTRACTOR will take affirmative action to ensure that
applicants who are employed are treated during employment
without regard to their race, color, religion, sex,
national origin, or familial status, concerning such
employment, upgrading, demotion, or transfers recruitment
or recruitment advertising; layoff or termination; rates
of pay or their apprenticeship. the CONTRACTOR agrees to
post in conspicuous places, available to both employees
and applicants for employment, notices to be provided by
the CITY setting forth provisions of this nondiscrimina-
tion clause.
(2) The CONTRACTOR, in all solicitations or advertisements
for employees placed by or on behalf of the CONTRACTOR,
shall state that all qualified applicants will receive
consideration for employment without regard to race,
color, religion, sex, national origin, or familial
status.
XIII.
CONFLICT OF INTEREST
The CITY and CONTRACTOR state that to the best of their
knowledge no member of the City of Denton, Texas, and no officer,
employee, or agent of said authority who exercises any function or
responsibilities in connection with the carrying out of the Program
to which this Agreement pertains has a personal financial interest,
direct or indirect, in this Agreement.
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XIV.
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve
any political activity (including, but not limited to, and activity
PAGE 5
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o th
candidate for public
an passage,
the election or defeat of efeat
to or further any activity undertaken to influence the
office) legislation.
or final content of
. shall g, None of the performance
any sectarians or religious activity involve
or benefit in any manner any
%V.
TERMINATION
e CITY shall have the right to terminate this Agree-
A' TI at any time whenever the CITY ee to rminiss
%ent, in whole or in part, 1 with any thirty
that the CONTRACTOR has failed tthee CONTRACTOR in writing
the effective date t0
Agreement. prior CITY he date of fterminatioaitial termination,
(30) days p and in the case of p shall be sub-
such termination, .504(b)(455)
portion of the Agreement to be ter minated. .503(b)(8) & Property 570
Under Sections 570
ject to disposition
(See Attachment "8" and "C"•)
CDSG Handbook.
g, The CITY shall have the right t terminate this Agreement
, with the consent of CONTRAC-
for convenience, in whole or in part n the termination conditions,
TOR and when both parties agree UP( portion to be terminated•
including the effective date and the
this
R shall have the right t b twrititen noti-
C, The CONTRALTO t, by
ce, in whole or in pax
atedhAgreement for convenien .
I include ane t reason for
which shal
fication to the CITY,
termination, the effective date and the t it is the determination
the case of a partial termination, CITY
Cin that the remaining portion of the award is not sufficient
' ifI in
to accomplish the project as Tant ibe terminatedrk statement,
may require that the entire g
XVi.
INDEMNIFICATION
by the parties that all
he It is agreed and understood the Center and engaged in
employees and personnel furnished County Day Nursery shall not be deemed
work of the Denton City-
em loyees of the CITY and shall be responsible to and under the
direction of the CONTRALTOR all official communica-
g, For purposes of this Agreement, f the
the parties shall be deand a adeass 0 for
tion noti
es 117001 datessailed ifcsent postage paid to the parties below:
PAGE 6
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I Director
City Manager City-County Day Nursery
II City of Denton 1603 Paisley
215 E. McKinney St. Denton, Texas 76201
Denton, Texas 76201
IN WITNESS OF WHICH this Agr_ement has be1994Xecuted on this
the day of
} CITY OF DENTON
t
! BY: CITY MANAGER
LLOYD V. HARRELLr
ATTEST:
JENNIFER WALTERS* CITY SECRETARY
j
BY.
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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f DENTON CITY-COUNTY DAY NURSERY
14 ,W .
Dkf BY
KAY PETE DIRECTOR
y r YL I
s` - ATTEST:
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t~,•tKR.ric.-Q. i -
SECRETARY
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ATTACHMENT "A"
This project shall consist of the replacement of all flooring in
the Denton City-County Day Nursery. Except for the classrooms and
bathrooms, vinyl flooring will be installed. Each classroom will
i be carpeted and the bathrooms will be tiled.
In addition, new commercial wall coverings will be installed in the
classrooms, restrooms and common areas to reduce maintenance. Two
walls will be removed in the kitchen and office area for greater
efficiency of space. Door ways are also being replaced to comply
with ADA standards as necessary. Provided enough funding is
available, lighting will be changed from incandescent to energy
efficient florescent.
WORKSTATEMENT
City County Day Nursery
Denton City County Day Nursery is a non-profit child care facility
for low income families. Parents must be working, going to school,
or looking for employment to be eligible. DCCDN is open Monday
through Friday from 6:30 a.m. to 5:30 p.m. The staff consists of
i 8 teachers, 1 part-time aide, a cook, an assistant director and
director. The children are served breakfast, lunch and 2 snacks.
Tuition is based on size of family and yearly income.
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ATTACHMENT "B"
24 CFR § 570.505
The standards described in this section apply to real property
within the recipient's control which was acquired or improved in
whole or in part using CDBG funds in excess of $25,000. These
standards shall apply from the date CDBG funds are first spent err
the property until five years after closeout of an entitlement
recipient's participation in the entitlement CDBG program or, with
respect to other recipients, until five years after the closeout of
the grant from which the assistance to the property was provided.
(a) A recipient may not change the use or planned use of any such
property (including the beneficiaries of such use) from that
for which the acquisition or improvement was made unless the
recipient provides affected citizens with reasonable notice
of, and opportunity to comment on, any proposed change, and
either:
(1) The new use of such property qualifies as meeting
one of the national objectives in Section 570.208
and is not a building for the general conduct of
government; or
(2) The requirements in paragrap% (b) of this section
are met.
(b) If the recipient determines, after consultation with affected
citizens, that it is appropriate to change the use of the
property to a use which does not qualify under paragraph
(a)(1) of this section, it may retain or dispose of the
property for the changed use if the recipient's CDBG program
is reimbursed in the amount of the current fair market value
of the property, less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, and
improvements to, the property.
(c) If the change of use occurs after closeout, the provisions
governing income from the disposit ion of the ereal property to
Section 570.504(b) (4) or (5), as pP
the use of funds reimbursed.
(d) Following the reimbursement of the CDBG program in accordance
with paragraph (b) of this section, the property no longer
will be subject to any CDBG requirements.
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ATTACHMENT "C"
24 CFR 5 570.503
(a) before disbursing any CDBG funds to a subrecipient, the
recipient shall sign a written agreement with the subrecipi-
ent. The agreement shall remain in effect during any period
that the subrecipient has control over CDBG funds, including
program income.
(b) At a minimum, the written agreement with the subrecipient
shall include provisions concerning the following items:
(1) Statement of Work. The agreement shall include a
description of the work to be performed, a schedule for
completing the work, and a budget. These items shall be
in sufficient detail to provide a sound basis for the
recipient effectively to monitor performance under the
agreement.
(2) Records and Reports. The recipient shall specify in the
agreement the particular records the subrecipient must
maintain and the particular reports the subrecipient must
submit in order to assist the recipient in meeting its
recordkeeping and reporting requirements.
(3) Program Income. The agreement shall include the program
income requirements set forth in Section 570.504(c).
(4) Uniform Administrative Reguirements. The agreement shall
require the subrecipient to comply with applicable
uniform administrative requirements, as described in
Section 570.502. 1
(5) other Program Requiremente. The agreement shall require
the subrecipient to carry out each activity in compliance
with all Federal laws and regulations described in sub-
part K of these regulations, except that:
(i) The subrecipient does not assume the recipient's
environmental responsibilities described at Section
!170. 604; and
(ii) The subrecipient does not assume the recipient's
responsibility for initiating the review process
under the provisions of 24 CFR Part 52.
(6) Conditions for Religious Organizations. Where applica-
ble, the conditions prescribed by HUB for the use of CDBG
funds by religious organizations shall be included in the
agreement.
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L.
(7) suspension and Termination The agreement shall specify
that, in accordance with 24 CFR 85.43, suspension or
termination may occur if the subrecipient materially
fails to comply with any term of the award, and that the
award may be terminated for convenience in accordance
with 24 CFR 85.44.
(8) Reversion of Assets, The agreement shall specify that
upon its expiration the subrecipient shall transfer to
the recipient any CDBG funds on hand at the time of
expiration and any accounts receivable attributable to
the use of CDBG funds. It shall also include provisiuns
to the use of CDBG funds. It shall also include provi-
sions designed to ensure that any real property under the
subrecipient's control that was acquired or improved in
whole or in part with CDBG funds in excess of $25,000 is
S either:
(i) Used to meet one of the national objectives in
Section 570.208 until five years after expiration
of the agreement, or for such longer period of time
as determined to be appropriate by the recipient=
or
(ii) Disposed of in a manner that results in the recipi-
ent's being reimbursed in the amount of the current
fair market value of the property less any portion
of the value attributable to expenditures of non-
CDBG funds for acquisition of, or improvement to,
the property. (Reimbursement is not required after
the period of time specified in paragraph (b) (8)
(1) of this section.)
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ATTACHMENT "D"
24 CFR 5 570.504
(a) RP~ordina Program Tncome._ The receipt and expenditure of
program income as defined in Section 570.500(a) shall be
recorded as part of the financial transactions of the grant
program.
Received by Reciuie_nts,
(b) 2LgR291tion of Proa~am In,^
(1) Program income received before grant closeout may be
retained by the recipient if the income is treated as
additional CDBG funds subject to all applicable require-
ments governing the use of CDBG funds.
(2) If the recipient chooses to retain program income, that
income shall affect withdrawals of grant funds from the
U.S. Treasury as follows: ents to (i) interest income
earned on, taerevolving fun ad define, in
Section 570.500(b) shall be substantially disbursed
from the fund before additional cash withdrawals
are made from the U.S. Treasury for the same acditi
lum vs--
ity. (This rule not prevent op sum
private-
I bursement to finance
ly owned properties as provided for in Section
570.513.)
i
(ii) Substantially all other program income shall be
disbursed made f
cash rom the U.S. Treasury.
(3) Program income on hand at the time of closeout shall
continue to be subject to the eiligi lity requirements in
Subpart C and all other applicable provisions of
part until it is expended.
(4) Unless otherwise provided in any grant closeout agree-
meet, and subject to the requirements of paragraph (b)
(5) of this section, income received after closeout shall
not be governed by the provisions of this part, except
that, if at the time of closeout the recipient has
another Lngoing CDBG grant received directly from HUD,
;gems of the ongoing l grant program a treated as program
(5) If the recipient does not have another ongoinq grant
frothe m the time of
disposition of, income
brecedirectly after closeout at
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real property or from loans outstanding at the time of
closeout shall not be governed by the provisions of this
part, except that such income shall be used for activi-
ties that meet one of the national objectives in section
570.208 and the eligibility requirements described in
section 105 of the Act.
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COMMUNITY DEVELOPMENT 09;0645
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derived from this calculation shall be Costs Applicable to Grants and Contracts (2) Attachment B. "Bonding and Insur-
used for reporting purposes and in deter- with State, focal and Federally recog- ante",
mining limitations on planning and se. nized Indian Tribal Governments", OMB (3) Attachment C, "Retention and Cus-
ministration and public services activities Circular A-128, "Audits of state and todial Requirements for Records", except
to be paid for with CDBG Funds. Local Governments" (implemented in 24 that in lieu of the provisions in paragraph
(b) Revolving fund means a separate CFR Pan 44) and with the following 4, the retention period for records per-
fund (with a set of accounts that are sections of 24 CFR Part 85 "Uniform taming to individual CDBG activities
independent of other program accounts) Administrativc Requirements for Grants starts from the date of submission of the
established for the purpose of carrying and Cooperative Agreements to State and annual performance and evaluation re-
cut specific activities which, in turn, Local Governmems'% Dort, as prescribed in § 570.507 in which
generate pa) merits to the fund for use in (I) Section 853, "Definitions ; the specific activity is repotted on for the
carrying ow the same activities. (2) Section 8;.6, "Exceptions'; final time;
(c) Subrecipient means a public or (1) S~tion 85.12, "Special grant or (4) Attachment F, "Standards for Fi-
private nonprofit agency, authority or subgrant conditions for "high risk' grant- nancial Management Systems," except
organization, or an entity described in tes' for paraVrvis 2(h) whicb is superseded
1570.204(c), receiving funds from the (4) Section 85.20, "Standards for finan- by OMB Cirwlar A•133, "Audits of lnsti-
recipient or another subrecipient to un- cial management systems;" except pars- tuttons of Higher Education and Other
dertake activities eligible for assistance Nonprofit Institutions,"
graph (a):
under Subpart c of this part. (5) Section 85.21, "Payment," except (S) Attachment H, "Monitoring and
as modified by §570.513; Repining Program Performance", Para-
§570.501 Responsibility for grant (6) Section 85.22, "Allowable costs"' graph 2;
adminlstrat(w. (7) Section 85.26, "Non-federal au- (6) Attachment N, "Property Manage-
dits"; count Standards", except for paragraph 3
-
Proper
(a) One or more public agencies, in- (8) Section 85.32, "Equipment," except concernily, the standards for tea!
eluding existing local public agencies, in all cases in which the equipment is modified except that paragraphs 6 and d 7 7 are
may be designated by the chief executive sold, the proceeds shall be program in. ( mi) In all l cases that-
offscerofthe recipient to undertake activ- come. i) In which personal prop-
officer of
assisted by this part. A public agency (9) Section 85.33. "Supplies ; ert y is sold, the proceeds shall be program
so designated shall be subject to the same (10) Section 85.34, Copyrights income, and
requirements as ire applicable to subreci- (ii) Personal properly not needed by
pients. (l1)Section 85.35,"Subawardstode' The submipientfor CDl3Gactivities shall
(b} The recipient is responsible for barred and suspended parties"; be transferred to the recipient for the
used in in (12) Section 95.36, "Procurement," ex- CDBG program or shall be retained after
ensuring that with all CDBG funds program are require. cept paragraph (a); compensating the recipient; and
ac
menu. The use of designated public agen• (13) Section 85.37, "Subgranu"; (7) Attachment O, "Procurement Stan-
ties, subreciyients, or contractors does (14) Section 85.40. "Monitoring and dards."
not relieve the recipient of this responsi• reporting program performance," cxcepi
bility. The recipient is a Iso responsible for paragraphs (b) through (d) and paragraph i 570303 Agreements with sabreclpleats
determining the adequacy of performance (f1;
under (35) Section 85.41, "Financial report- (a) Before disbursing any CDBG funds
contracts, agreements and for taking a ro apro- in&exceD1 paragraphs (ts), and (e); to a recipient, the recipient
" tent shall si a
xvrcment contracts
J priate action when performance problems (16) Section 95.42 'Retention and written agreement with the subrecipicot.
arise, such as the actions described in access requirements for records' The agreement shall remain in effect
§ 570.910. Where a unit of general local (17) Section 85.43, "Enforcement"; during any period that the subrecipient
government is participating with, or as (18) Section 95.44, "Termination for has control over CDBG funds, including
part of, an urban county, or as pact of a convenience"; program income.
metropolitan city, the recipient is respon- (19) Section 85.51 "Later disallo- (b) At a minimum, the written agree-
sible for applying to the unit of general wances and adjustments" and ment with the subrecipient shat( include
local government the same requirements (20) Section 85.52, "Collection of provisions concerning the following foI•
a arc app"ca"e to subrecipients, except amounts due." lowing items;
that the five-year period identified under (b) Subrocipient, except subrecipitnts (I) Statement of work The agreement
§ 570.503(big" shall begin with the which are governmental entities, shall shall include ■ description of the work to
date that the nn it of general local o%crn• comply with the requirements and scan- be performed, a schedule for completin
meet is no longer considered by HUD to dards of OMB Circular No. A-122, "Cost the work, and a budget. These items shall
be a part of the metropolitan city or Principles for Nonprofit Organizations," be in sufficient detail to provide a sound
urban county, as a licable, instead of or OMB Circular No. A-21, "Cost Princi• basis for the recipient effectively to moni•
the date that the so recipient agreement ples for Educational Institutions," as ap- for performance under the agreement.
expires. piicable, and OMB Circular A-133, "Au- (2) Records and reports. The recipient
dits of Institutions of Higher Education shall specify in the agreement the Particu•
§570302 Applicability of aalform and Other Nonprofit Institutions" (as set lar records the subrecipient must main-
administrative requirements. forth in 24 CFR part 45). Audits shall be tain and the particular reports the subre-
conducted annually. Such subreciplents cipient must submit in order to assist the
(a) Recipients and subrecipients which shall also comply with the following at. recipient in meeting its recordkeeping
are governmental entities (including pub- tachmer,ts to OMB Circular No. A•110: and reporting requirements.
lic agencies) shall comply with the re- (l1 Attachment A, "Cash Depos;to- (3) Program income. The agreement
quirements and standards of OMB Circu- ries , except for paragraph 4 concerning shall include the P l income require-
lar No. A-87, "Principles for Determining deposit insurance; merits set forth in a570.504(c).
P4#9tra by wman Oortavn tenet 63
CITY
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Agenda4ta I
ORDINANCE NO.
AN ORDINANCE Ai-.;EPTING COMPETITIVE BIDS AND
SUPAWARDING A PLIES CCNTRRACT FOR OR ;
THE PURCHASE OF MATERIALS,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
lar
bids for the purchase of necessary materiares
competitive ce with the procedu
of state services in accordance
equipment, supplies or
• and
of state law and City ordinances,
WHEREAS, the City Manager or a designated employee has
k reviewed and recommended that the herein described bids r the
lowest responsible bids for the materials, equipment, supplies
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for f the
the appropriation of fundrapthe proved sand sac epted
materials, equipment, supplies or services
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
red
SECTION I. That the numbered items in he following n ;meted
bids for materials, equipment, supplies
"Bid Proposals" attached hereto, are hereby accepted and approved
as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
1614 ALL ALAMO TRANSFORMER $ 18,500.00
= 20,130.32
1629 ALL FLLhN3KK COMPANY ;169,647.65
1630 ALL
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of s to the persons submitting the bids for such items oranservices in
purchase the materials, equipment, spPlies
accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Did
Proposals, and related documents.
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SECTION III. That should the City and persons submitting
approved ar~d 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 shail be attached hereto; provided that the
written contract is in accordanc4e 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 b 'omitted bids, the City Council hereby
authorizes the expenditur% 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
immediately upon its passage and approval.
PASSEL AND APPROVED this day of 1994.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
BY: _
APPROVED AS TO LEGAL FORM:
'.7EHRA A. DRAYOVITCH, CITY ATTORNEY
6.:
5
i" BY:
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DATE: JUNE 7, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID ! 1614 - SALE OF SCRAP TRANSFORMERS
RECOMMENDATION: We recommend this bid be awarded to the highest bidder,
Alamo Transformers, at a per KVA price of $1.05. This sale is estimated at
$18,500.00.
SUMMARY: This bid is for the sale of transformers which have failed on the City
o Dentons Electric Distribution System. All transformers for sale have been
classified as non-polychlorinated biphenyls (non-PCB). The quantity was not held
firm to enable the City to sell all transformers taken out of service up to the date the
successful bidder begins hauling away the transformers.
Five bid proposals were received in response to twelve bid packages mailed.
BACKGROUND: Tabulation Sheet, Memorandum from Ralph KHnke dated 5-10-94.
PROGRAMS GROUPS AFFECTED: Electric Distribution, Electric
Utility Cuatomers.
FISCAL IMPACT: Funds will be paid to Revenue Account for 1994 Account #710-
000-6707-
Res tfully s tted:
1 d - arrell
City Manager
j
Prepared By:
Name: Denise Harp 1
Title: Senior Buyer
A roved:
s~y 9 C17
Name: Tom D.Shaw,C.P.M.
Title: Purchasing Agent
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CITYofDENTONMUNICIPAL UTILITIES/ 901-ATexasSlreet/ DentortTXT6201
MEMORANDUM
s Denise Harpool, Senior Buyer
11ROMAI Ralph Klinke, Superintendent of Distribution
{
May 10, 1994
i
S JECT: SALE OF SCRAP TRANSFORMERS
The Electric Utility staff recommends the sale of scrap
transformers to Alamo Transformer, for the cost of $1.05 per KVA
for all they would like to purchase.
The approximate list of transformers to he sold (Exhibit I) and the
bid evaluation sheet (Exhibit II) are attached. Copies of the PCB
test res!11ts will be forwarded to you on all transformers sold.
These are transformers that have gone bad or burned up on the
system that have been accumulating over a period of time.
RK:tn
05104013
j Attachments
f cc: Jim Harder, Director of Electric Utilities
s Joe Cherri, Electric Engineering Administrator
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16614 T
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BID NAME SALE OF SCRAP YAFFE CLIFFORD RIXEY TRANSFORMER SESCO ALAMO
i TRANSFORMERS IRON & OF IRON & DISPOSAL
OPE!J DATE APRIL 5, 1994 METAL VERMONT METAL SPECIALISTS
CO
UANfi( €~~Ai~fii~Fi ~A601 D~Fi +T Abp VENDOR-- VENDOR -VENDOW
1. 17."8 KVA SALE OF SCRAP 0.4252 N/B 0.7777 0.62 0.60 1.05
MIMATB TRANSFORMERS
PER KVA
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DATE: JUNE 7, 1994 S~TO~S
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID 11629 - SHORING SHIELDS
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder 1
meeting specification, Plank Company in the total amount of $20,130.32.
I
SUMMARY: This bid. is for the purchase of a full set of trench shoring shields and
accessories. These shields will be used by the Water and Sewer Utility Division in
the installation and maintenance of Water Distribution and Sewer Collection systems.
This type of equipment is required to meet Federal, State, and Local Trench Safety
Regulations.
The bid includes trench boxes, trench shoring, trench sheeting shore forms and
j appurtenances necessary for complete safety systems.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: WaterlWaste Water Utility
Department
FISCAL IMPACT: This equipment purchase will be funded from 1993-94 budget
funds, Account 4620-081-0461-9107.
Res fully su !ed:
i d V. Harrell
City Manager
A proved:
N 1.
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Name: Totn`D. Shaw,C.P.M.
Title: Purchasing Agent
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-A624
ID NAME SHORING SHIELDS THE PLANK CLS MOODY DAY
COMPANY SERVICE &
PEN DAT I MAY 10, 1994 SUPPLY
'RIPIIOW VENPZR- VE E -R
1. 1 6'X 6' TRENCH SHORING $3,371.20 $3,847.74 NO BID
SHIELD 29' - 43'
2. 1 6'X 6' TRENCH SHORING $3,472.60 $3,908.30
SHIELD 35' - 53' 1
3. 1 6'X 8' TRENCH SHORING $4,936.60 I $4,978.24
SHIELD 29' x 43'
4. 1 8' X 8' TRENCH SHORING $5,038.00 $5,038.80
SHIELD 356 x 53'
6. 4 SHORING BUCKET PUMP i $350.00 $368.22
(HAND OPERATED) WITH
SHORING PUMP LIQUID
6. 6 JACKS 1.5' TO 36' WITH $211.97 $175.23
11' EXTENSIONS
7. 1 TOOL SET FOR JACKS $40.00 $50.07
i S. 6 4 X 8 SHEETS SHORE FORM $100.00 $100.00
DELIVERY 14 DAYS 14 DAYS
STACKI
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PLATES
+$416.00 j. "
V
- - - - - - - 1±$40.00 - - - - - - - - 4 `
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DATE: JUNE 7, 1994 O D VCITY COUNCIL REPORT
Mayor and Members of the City Council
TO:
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1630 - DIRECTIONAL BORING SYSTEM
COMMEAIDAYTON: We recommend this bid be awarded to Plank company as the
.65.
RElowest bidder meeting specification in the amount of $169,647
This bid is for the purchase of a truck mounted directional boring
3, It will be
under streeta,Electrie Distribution Division.
Y'
utility lines, driveways sidewalks etc-
machine. Tunit
bolting assigned
used primarily electric lines.
related to the installation of underground d elel and Vermeer fall to meet requirements
prices offered by Witch Equipment formance requirements.
i
The lower ull back force and other per
for truck mounting, p plank is
recommendation to purchase the lower price of the two bids offered by
for the unit meeting
purchase of a "demo" u planktboth new and demo is the only boring unit.
and demo units to
Our The Bor-MOr 1500 quoted by
specifications. Tie' X22 In 0 f dent differences nces between new
justify the additional
BACK Tabulation Sheet
F ! CTED: Motorpool Fleet and Electric
° S DEPARTMENTS OR GROUPS AFFE
PROGRAM
'
F Distribution Division.
B ll be funded ool Replacement funds- Utility
ACT: This unit wi
FISCAL udgetfuIMPnds for capital equipment and Motorp
65
Budget Account 8 136,427.
10-103-1031-3600-9212 $ 2,321.00
} Motor Pool #724'025-C094-9104 130 69, 899647.00
.65
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E; Rasp fully su led:
r, I d . Harrell
city Manager
x Approved:
w
f 1 am~ D. Shaw, C.Y.M.
N
Title: Purchasing Agent
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BID I 1630
BID NAM It DIRIICI'IONAL IiORINO '1'111! 1•LANK THU PLANK WITC11 VERMEER vVRmliVil
i SYSTEM COMPANY COMPANY HOUIPMENT EOUIPMENT I{OUIPMI!N'1'
PEN DATE MAY 10, 1994 /1 I2 COMPANY OirTliXAS OFTVXAS
AI:1' BIU
- - - - - -~--NDOR
QTY DI35CRIPTION YENUOR VENDOR VENDOR VISNDOR VENDOR
1. I DIRECTIONAL BORINO 1169,647.6•. $192,370.00 $155,701.16 $157,093.00 $148,505.110
SYSTEM
MAKE BOR-MOR BOR-MOR DITCH WITCH VERMEER VERMEER
MODEL 1300 1500 860 D24 PADMOUNT D24 TRAILER
CIIASSIS MAKE FORD FORD FORD FORD FORD
CHASSIS MODEL F-700 F800 F800 IT 900 I'I'800
DELIVERY IMMEDIATE 56 DAYS 30 DAYS 60 DAYS 60 DAYS
OPTIONAL ACCESSORIES $26,470.00 $30,197.00 536,955.00 $36,955.00
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PUBLIC UTILITIES BOARD AGENDA
TO: CHAIRMAN AND M HERS OP '!HE PUBLIC UTILITIES BOARD
RR03S: R. E. Nelson, Executive Director of Utilities
SUBJECT: DIRECTIONAL BORING SYSTEK - BID #1630
RECOMMENDATION:
The Electric Utility staff recommends accepting the low bid
meeting specifications for a directional boring system from
the Plank Company on the Bor-Mor 1500. (Ifteir alternative bid
on the demonstration unit came with "full manufacturer's
warranty" on the drilling machine and associated equipment.
It also came with a "full manufacturer's warranty% on the
truck chassis and related equipment). The recommended meeting
specification from the Plank Company was in the amount of
$170,000.
fi SUMMARY/BACKGROUND:
ANALYSIS
F
The increased placement of, and conversion to, underground
electric service has placed an ever increasing demand upon the
Utility's resources. Me to the increased demand upon Utility
trenching crews and to increase inefficiency and lower costs
for underground placement, a boring machine was purchased in
1990. machine This a successfully
bores, some in excess of the ecoamiended diameter.
The current machine has attempted to bore an additional 30,000
feet of 4" conduit in which the boring machine could not back
ream to successfully complete the bore. Where the bore bs
not successful, trenching. The current placement a cisd requiring increasing
t
maintenance due to the cumulative effects of the work it has
performed. Spare parts are not available for the existing
boring machine, and spare parts must be fabricated as the
manufacturer no longer makes this type of boring machine. In
the analysis of boring operations from May 1993 to February
1994 (Attachment 9), the boring machine in present use was
down for repairs from late June 1993 to mid-October 1993 and
for most of December 1993.
The staff investigated the following options; 1. to purchase
a new boring machine with underground placement supplemented
by use of present boring machine; 2. to effectively leave the
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business of boring completely by contracting out boring; or 3.
to rely on trenching completely.
An analysis was prepared to aid in this decision-making
process. The boring machine analysis is comprised of three
scenarios:
Scenario 1 The cost to perform trenching
Scenario 2 - The by the prop, ed boring that would be
machine
Scenario 3 - The cost to purchase a new boring machine
The three scenarios will be measured in dollars/foot with
multi-year coats and benefits amortized.
ANALYSIS SCENARIO 1s
Completing underground conduit-cable placement by trenching.
E This analysis will evaluate the costs of trenching and
installation of a 2' conduit. Trenching costs are relatively
I the same regardless of the diameter of conduit to be placed,
but total costs will vary based on material costs for various
size conduit.
Landscaped Area - $13.73/Foot Paved Area - $33.07/Foot
(See Exhibit I, Attachments 1-6)
Trenching also has intangible costs; disturbing public or
private roadways and landscaping. The negative public
relations coats should also be considered.
ANALYSIS SCENARIO 21
Cost to contract out boring activities.
Information was solicited from four area vendors, of which two
comppaarison for Texpectd following use of boring machine for one year.
CONDUIT TOTAL
SIZE $/FT SUBTOTAL COST
DBNTON: 4' 10,000 $11.00 $110,000
**t 2" 100000 $ 8.00 $ 800000
1■ 1,000 $ 5.00 $ 50000 $1958000
VENDOR A* 4' $15.00 $150,000
tt 24 $10.00 $100,000
11 $10.00 $ 10,000 $260,000
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VENDOR B«+ 4' $16.65 $166,500
2' $10.04 $1000000
$ 8.37 $ 8,-270 $2750210
1'
NOTES.
+ Bonding and insurance would be additional
Administration costs are not included
Denton's 4' is expected to fall to $10-11/ft. with the
purchase of a new boring machine.
(See Attachment 7)
Additional factors that should be taken services account when
the
considering contracting out boring are
of
I availability of interested contractors and the quality
their work.
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ANALYSIS SCENARIO 31
~t purchase proposed boring machine.
E proposed boring machine has been
estimated capital capital at $170 cost ,of000. t with an estimated life of 48 months, at
as 8% annual finance rate, and with monthly maintenance costs
n estimated chine
f of $500. The hours of operation have bee
hrs/month based on the assumption that the proposed
wil and
vai thelexieting machine 9re(Seer Exhibit II, Attachmentb8) than
RECOMMENDATIONS:
Based on the three scenarios outlined above, the proposed
boring machie should
Utility both in hard financial analysis nand in
J the Electr public relations,
the area of intangibles such as p
responsiveness, and safe
CONDUIT $/FT
SIZE
DENTON- 4' $11.00
2■ $ 8.75
1■ $ 5.00
2■, and 1•
Based upon boring 21,000 ft/yr, (combined 400 years.
conduitl the boring machine will recoup its costs in 3 yea
In comparison with contracting out boring activities, faster
machine for 6«
payback will result from use of the boring comparison to contracting
boring (such as University Drive) in comps
out the boring as the cost dferential and in-hose boring increases with aa6+oborecting
out boring
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The characteristics of boring activities vary greatly and,
therefore, it should be noted that this analysis has
controlled Tvariances analysis has ben attempt for all variables. based on certain
assumption3 which have been noted either in the text oaft hee
report or in the attachments. Backup information, detailed description
methodology employed, is available
of the
upon request.
PROORAXSo DEPARTKMS OR GROUPS AFFECTED:
Electric Utility Customers, Denton Municipal Utilities, Public
Utilities Board, and City Council.
FISCAL IXPACT t
With the present engineering design of six inch conduit for
primary conductor and multiduct systems, a need for a
directional boring machine of larger capacity is required than
were four
was s listed projected in the 94 C.I.P. the C.I.P.; three (94-0252-05) . There
for replacements
unit
MOTOR POOL REVENUE
#5228 Intl Truck 181 $34,8580 $30,000
45268 Chevy Dump Tr 85 000
#5261 Backhoe 185 $25,469 $13,
One unit addition to fleet:
#5289 Directional Bore 0 $90,000
Projected revenues of $90,000 for the new unit was based on
the four inch capacity of the existing Ditch Witch. A machine
with the required capacity (611) has a projected
$169,648. To meet this goal we will first reduce our fleet by
turning unit #5228 into the garage to be utilized as a motor
pool unit. This will release the $34,858 in Motor Pool funds.
Also, by extending use of unit #5268 an additional year, the
projected $30,000 in revenue for replacement could be added to
the purchase of a boring unit. The replacement of #5261 will
cost a total of $260000 ($25,469 Motor Pool funds & $531
Revenue), which leaves $12,469 in Revenue. The total of the
above equals $167,327 leaving $2,321 to be funded out of
Account #9212. These changes to the equipment replacement
would enable us to have $169,648 with no additional funding
' required to upgrade the capacity of the projected boring
machine that is essential in meeting the demands of the
division work load.
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' Scenario 3 in the Summary/Background section under
Recommendations outlines the cost benefit ratio, associated
costa, payback time, etc.
Respectfully submitted,
R. B. Nelson
i Executive Director of Utilities
Prepar y:
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Superintendent of Distribution
Approved by:
dm der,
Director of Electric Utilities
Attachments 1-9
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ANALYSIS FOR INSTALLATION OF CONDUIT '
en1 1
BY TRENCHING THROUGH LANDSCAPED q
S-Mai-94
150 02:41 PM
LABOR ESTIMATE
CURRENT HOURLY RATE $25
DATA CONDUIT
CREW SIZE 3
LENGTH 601
FEET PER DAY 60 I
~1 I HOURS PER DAY 81
~ LABOR HOURS 241
ESTIMATED HOURS HOURS COST I DAYS
CONDUITS 1 24 $600 1.01
I TOTAL $600
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EQUIPMENT ESTIMATE
DESCRIPTION QUANTITY HOURS PRICE COST
PICKUP TRUCK 1,00 8 $15.00 $120
KABOTA 1.00 8 45.00
f TRUCK TO 150 HP 1.00 8 $25.00 $?00 i
TOTAL
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ANALYSIS FOR INSTALLATION OF CONDUIT' rb~~lff-c- ment 2
' BY TRENCHING THROUGH LANDSCAPED AREA 151502:41 PM
MATERIAL ESTIMATE
t2851 CK # DESCRIPTION UN11 PRICE E G~TY. COST j
5000 CEMENT.PVC EA $3.951 2'. 57.9011
2180 CLAMP PUNCH-LOK 4' l EA $1.08
1 9000 COLLAR. PVC, 1' EA $0,20
9040 CCLLAR. Pvc, r I EA $0.35 21 $0.70
9040 COLLAR, PVC, 211r $0.69
9060 COLLAR, PVC, a' EA $1.41
COLLAR, PVC, b' EA $3.68
28519200 CONDUIT, PVC, I X 10' I FT
$0,2
28519260 CONDLnT, PVC, IM X 20' FT $0.92 60 $32 40
29519240 CONDLHT, PVC, r X 20' FT 51.42
26519280 CONDUIT. PVC, 4' X 20'
150522W MOLD[NO, PVC pOLEAISER r EA $13.36
15052300 MOLDING PVC POLE RISER 3' EA $16.03
a1.
15062350 MOULDING, PVC POIERISER 4' EA EA 7.
28519087 ELBOW, PVC, r X 45 EA $0,42
28519068 E1 eow PVC, t' X 90
LANDSCAMNG 5 $100.00
3 GKLrON SIiRUBS INSTALLED EA 5- $30.00
SOD INSTALLED S SIFT 520.00 2 $40.00
FENCE REPAIR
MANHOLE EA S3 000
54070700 STREE RlOHT PULL BOX $148.37
WAREHOUSE FEE 10% $
MISCELLANEOUS 10%
TOTAL COST
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ANALYSIS FOR INSTALLATION OF CONDUIT
BY TRENCHING THROUGH LANDSCAPED AREA i'
SUMMARY OF ESTIMATE PAGE 3
15-Mar-94
02:41 PM
LABOR ESTIMATE
ACCOUNT $600
s
EQUIPMENT
ACCOUNT ESTIMA=TE
366
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MATERIAL
s ACCOUNT ESTIMATE
s ~g 5253
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TOTAL COST $1.373
F COST PER FOOT $13.73
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ANALYSIS FOR INSTALLATION OF CONDUIT Att _
BY TRENCHING THROUGH PAVED AREA -!8a 2$
15-Mar-94
02:49 PM
LABOR ESTIMATE
DATA I Conduit T CABLE TR!SW
I CREW SIZE 3!
k
CURRENT HOURLY BATE $251
LENGTH ! 1001
FEET PER DAY 100
HOURS PER DAY 81
LABOR HOURS 24
ESTIMATED HOURS HOURS COST DAYS '
CONDUITS 24 $600 1'0
TOTAL $w
EQUIPMENT. ESTIMATE DAYS
DESCRIPTION QUANTITY H URS PRICE COST
PICKUP TR K 1.00 8 $1 5.00 $1 20
SACKHOE 1.00 8 $26.00 $200
TRUCK TO 460 HP 1.00 8 525'00 $200
TOTAL
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AN-ALYSIS FOR INSTALLATION F ONDUIT Y 15-Mar-94
BY TRENCHING THROUG PA AREA 02:49 PM
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M COST
MATERIAL. ESTIMATE UNT PRA E95 QTY ' ' $7.90
STOCK # DESCRIPTION 2
67005000 CEMENT,PVC $0.35 2 $0.70
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28519040 COLLAR. PVC'
$0.54 100 $54.00
FT
'f 29519240 CONDUIT, PVC. 2' X 20' $20
$1.00
SAW CUT $4.00 200 $800.00
STREET PATCH
yp $38.00 20 $760.00
CONCRETE $1e2
WAREHOUSE FEE 10% 182
1 MISCEIlANEOUS 10X. 187
S TOTAL COST
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'ANALYSIS FOR INSTALLATION OF CONDUIT At c i=+-4
.BY TRENCHING THROUGH PAVED AREA 15 $%4
02:49 PM
SUMMARY OF ESTIMATE
i
LABOR
ACCOUNT ESTIMATE ACTUAL ;
3661 $6001
EQUIPMENT
j ACCOUNT I EST{MATE ACTUAL
j 3661 $520
MATERIAL
k ACCOUNT ESTIMATE ACTUAL
` 3661 $2,197
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TOTAL COST $3,307 11
1 COST PER FOOT $33.07
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Attachment 7
COST COMPARISON BETWEEN CITY OF DENTON
AND CONTRACTORS
CITY OF DENTON CURRENT BORING MACHINE
Based on current cost and current productivity
CONDUIT FT/YEAR COST/FT
4 2000 $13,24
f 2 10000 - $8.75
1 1000 $5.00
CITY OF DENTON NEW BORING MACHINE
ctftar and Cost/Ft based on City of Denton Current Machino
With numbers adjusted to reflect capabilities of proposed matfine
CONDUIT FT/YEAR COST/FT COST YEAR
• 4 10000 $11 $110000
2 10000 $8 $80.000
1 1000 $5 $5.0001
$195,000
I VENDOR A
Cost does not Include insurance and bonding, or
City of Denton contract administration cost
CONDUIT FT/YEAR COST/FT COST/ YEAR
4 10000 515.00 $150,000
2 10000 510.00 $100000
1 1000 $10.ov $10.000
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$260,000
VENDOR B
Cost does not include City of Denton
contract administration cost
CONDUIT FT COST COST YEAR
4 10000 $16.65 $166.5w 2 10000 $10.04 $100400
1 1
000
$6.37 S8.370
$275,270
30-Mar-94
11:32AM
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Attachment 8
80IIRLY RATS FOR PROPOSED BORING MMMINS
$170,000 CAPITAL
48 EQUIPMENT LIFE IN MONTHS
0.6667% INTEREST/MONTH
80 HOURS OF OPERATION PER MONTH
$4.150 MONTHLY PAYMENT ON CAPITAL
$500 MONTHLY MAINTENANCE COST
$4,600 TOTAL MONTHLY PAYmRNT
$58 HOURLY CHARGE
SOURLY RATS FOR CUyj=T BORING XkC3=3
$80,000 CAPITAL
48 EQUIPMENT LIFE IN MONTHS +
0.6667% INTEREST/MONTH
40 HOURS OF OPERATION PER MONTH
$1,953 MONTHLY PAYMENT ON CAPITAL
$700 MONTHLY MAINTENANCE COST
$2,653 TOTAL MONTHLY PAYMENT
$66 HOURLY CHARGE
+ 12 months left in depreciated life of smaller boring machine
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COMPLETED BORES UBWG DPTCH WITCH EOUIPMENT
FFOM MAY ION TO FEBFWARY 1104
D Po AT GROUP ED COST COST D LOA MAT. EQP. _
4
dlq 4 1A 60 I IS S1_ { S X761 ---x.726
FarrM 23-tvo,-a3 &d 4 MOOMA so l olY 13.61 7 321 4468
T In Fa4 NKFC 7-Fib- drl 4 0001301A 220 866 13.03 6 _ 9T3 ON
380 4767
$1324
DATE KPUP K OOSR f 17W LOA MAT. EOP. _
}1125
-O-UAt 8ou2,MM 04_ _ UIFD 3A11 370 92-441 .35 7 pal sm
um 2 mif WWI 60 a NMI ? 11240
lkbw wrlora 231422 70 WWI 12.01 3 "MI 75
DO 91 AM 1 3. 108 _ Ens
f1 YYY,~r 6M,k~ 13- - I1FD 2 31422 80 1106 13.63 4 "WI 76 620
2 110 156 914.0 X70
208WIr,db►ook 14- LOD 2 31422 50 4 16.46 3
_,_10
2$1 t 24-1 UFID -b 2 SAt 250 116 74 7 70 __}til IS
1-UAD 2 ISO .1 1. 7 104 ___£,216
tl0btbod, 03-~,- 2 3N21 200 1
3 31 10,86 7 10 t,ll6
J000 0$-,Ain m 231422 180 16791 10_06 7 700 194 AI,0l6
bib 6-An- 2 3AI6 150 1742 11.61 6 162 ~}~0
teoo9odtYAMrlrr drr 7-As,- URD _2 31422 200 .11 6 13 _}1,240
3m 2W /ro U03 6 S" 62 1¢ ____£900
1 rids 22-.In-86 2 1 280 1620 6 75 10 }ns
9 00 1 "1 l~T4 _1" --43M
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16- dM 2 Af381001A 936 S371 S11) 51 2 50 }A._0^0
2 M366001A 240 1177 54 4 - 50 P _16-M _Wt
urv 2 MMMA 50 1038 1 .96 4 10owl
0 -
87
04-jhr,94 -4m _t MINIMA 40 MO t40$ or 05-,3,r,- wv 2 LOWMA 50 71 7.42 1 150 upp
23-Fib-94 111,742 ww
drl 2000 401 40 tm I I t>0 3
.44 4 24 Ruin bkw wrv M3100 40 f0 96
4450 35410
$8.63
DESCFIPT7Qt1__ Dag FT. CM ffT DW OOST LBP T. EQP._ Lfl J l
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2A14 ?NJ j,ml 8337 1,W1 1 51 T T00 142 1063
Apr, tiTIOT 17- - 1
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CITYoloENTONMUNICIPAL UTILITIES/ 901-A Texas Street Denton,TX76201
MEMORANDUM
TO: m Shaw, Purchasing Agent
FROM: Ralph Klinke, Superintendent, Overhead/Underground/
fervices
DATE: May 12, 1994
SUBJECT: DIRECTIONAL BORING 9YSTEK - BID #1630
The Electric Utility staff recommends accepting the low bid meeting
specifications for directional boring system from "The Plank
Company' on the Bor•Mor 1500. (Their alternative bid on the
f demonstration unit with "full manufacturer's warranty" on the
drilling machine and associated equipment. Also with a "full
manufacturer's warranty" on the truck chassis and related
f equipment).
The other two company's (witch Equipment Company and Vermeer
Equipment Company) did not meet the requirements of a permanent
truck mounted unit operational from the truck bed as spelled out in
f the specifications. Having to "unload" their units creates
additional hazards with traffic on the streets and highways. The
requirement of the additional "setting up" time of rigging a
removable unit with hoses, stakes, etc. means increased labor cost
and loss of productivity.
They also did not meet the performance specifications of the
directional boring system as spelled out in the specifications,
bidding smaller units,
RJK:gb
05124016
cc: R. E. Nelson, Executive Director of Utilities
Jim Harder, Director of Electric Utilities
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BID # 1610
ID NAME DIRECTIONAL BORING THE PLANK THE PLANK WITCH VERMEER VERMEER
SYSTEM COMPANY COMPANY EQUIPMENT EQUIPMENT EQUIPMENT
PEN DATE MAY 10, 1994 #1 #1 COMPANY OFTEXAS OFTP.XAS
ALT BID
1? RIPTION VSN R VENDOR VENDOR VENDOR " VENDOR
1. 1 DIRECTIONAL BORING $169,647.65 $192,370.00 $155,701.16 1157,093.00 $148,505.00
SYSTEM
MAKE BOR-MOR BOR-MOR DITCH WITCH VERMEER VERMEER
MODEL 1500 1500 860 D24 PADMOUNT D24 TRAILER
CHASSIS MAKE FORD FORD FORD FORD FORD
CHASSIS MODEL P700 F800 F800 FP 900 FT800
DELIVERY IMMEDIATE 56 DAYS 30 DAYS 60 DAYS 60 DAYS
OPTIONAL ACCESSORIES 126.470.00 $30,197.00 $36,955.00 $36,955.00
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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
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and
plans and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the
construction of public works or improvements, as described in the
"Bid Invitations". "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and approved
as being the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1639 DBR CONSTRUCTION COMPANY $58,755.00
SECTION II. That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, and insurance
certificate after notification of the award of the bid.
SECTION 111. That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts
are made in accordance with the Notice to Bidders and Bid
Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and
specified sums contained therein.
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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
hereby authorizes the expenditure of funds In the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto.
SECTION V.
That this ordinance shall become effective
immediately upon Its passage and approval.
PASSED AND APPROVED this the day of
11994.
BOB CASTLEBERRY, MAYOR
ATTESTt
JENNIFER WALTERS, CITY SECRETARY
BY.,
APPROVED AS TO LEGAL FORM.
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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DATE. JUNE 7, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1839 - DENTON CITY/COUNTY DAY NURSERY RENOVATIONS
RECOMMENDATION: we recommend the bid be award to DBR Construction in the
amount of M r
SUMMARY: This bid Is for the interior renovation of the Denton City/County Day
Nursery Center. Included are modifications to meet ADA requirements, new floor
covering, painting and vinyl wall covering.
should limitations additional funds become available be accepted but maybe done at
Due to later date budget
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BACKGROUND- Tabulation Sheet.
pgOGRA1dS DEPARTId1aiTS OR GROUPS AFFECTED: Denton CitylCounty Day
Nursery Center
FISCAL WACT: Funds for this project will oomf from a combination of sources:
$409966 from Day Care Center Renovation Funds
$ 50000 from Denton Affordable Housing Corp. surplus funds
I2 789 from Day Care Center Reserve funds (Certificate of Deposit)
$580755 Total Amount
Respe lly submi e
Lloy . Harre
City Manager
Approved
S_
a. Name: Tom D..;haw0C.P.M.
Title: Purchasing Agent
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P - 639 -
y D NAME DENTON CITY-COUNTY DBR
~a h DAY NURSERY CONST.
EN DATE JUNE 2, 1994
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1.3 1 TOTAL BASE BID
C-- n v $58,765.00 b
-l' ALTERNATE NOA $3,300.00
NEW ACOUS'rICAL CEILING TILE
3• ALTERNATE NO. 2 $1,200.00
NEW INSULATION
4• ALTERNATE NO. 3 $3,000.00
NEW CONCRETE WALKWAYS
6• ALTENNATE NO. 4 $3,260,00
STORM WINDOWS
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8• ALTERNATE NO. 6 $4,400.00 6
NEW LIGHT FIXTURES AND
HVAC MODIFICATIONS
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES
OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE
IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 252.022 of the Local Government Code provides
that procurement of items that are only available from one source,
includings items that are only available from one source because of
patents, copyrights, secret processes ors natural
and polies her utility
manuscripts or books, electricity, ga
purchases; captive replacement parts or components for equipment;
and library materials for a public library that are available only
persons from the holding
materials) need not besubmitted stoeu competitive bids; and to the
WHEREAS, the City Council '4i0 =a to procre one or NOWu THEREFORE more of the
items mentioned in the above 1. '_j Phi
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt
SECTION 1. That the following purchases of materials,
equipment or supplies, as described in the "Purchase Orders"
J' attached hereto, are hereby approved:
PURCHASE VENDOR AMOUNT
ORDER NUMBER
45135 IBM j 73,444.08
SECTION II. That the acceptance and approval of the above
items shall not constitute a contract between the City and the
person submitting the quotation for such stied by such person
shall comply with all requirements sp Y the Purchasing
Department.
SECT_____ ON III. That the City Manager is hereby authorized to
hereby
and the expendituretof fundsn pursuant to the ito said cecified in ontr contracts is Section
authorized.
a
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lgg dat.c
~'~.~e,,;a~tem
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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DATE: JUNE 7, 1994
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER 4 45135 - IBM
RECOMMENDATION: We recommend this purchase order to IBM in the amount of
73,444.08 be approved.
SUMMARY: This sole source purchase from IBM is for the annual maintenance and
upgrade off` our data processing system software. This maintenance service is
available only from IBM and is exempt from the bid process as per Texas Local
Government Code, Chapter 252, Section .022 (a).
This agreement includes 24 hour service on the various software licenses used by the
City of Denton Information Services Division and cover a time period from 5/94 -
4/95.
Data Processing Advisory Board rr:commends approval.
BACKGROUND: Purchase Order 145135, IBM Invoice #54G0897 and minutes from
Data Processing Advisory Board.
E PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Information Services Division
and users o ramie Information Support.
FISCAL DI+iPACT: Funds for this acquisition will come from 1993-94 budget funds
Account #100-044-0080-8521 maintenance of office machines.
Res etfully su fled:
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City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
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THIS IS A I XXX
PURCHASE ORDER N0: 45135 CONFIRMING ORDER 11L Ili
TMs number mush slips, appear on at ia (IF MARK' invoices. delivery sups, , cases, DO NOT DUPLICATE
-
cu", boxes. packing slips and bills.
Date: 05 25 94 Page No. 01
Rey No., Bid No,
CITY OF DENTON TEXAS
PURCHASING 817/ 63 I7100N D1 901-8 TEXAS STREE I NIM TEXAS 761-
IFW WTRO 8171267-0042 FA 8171382-2692 354
VENDOR :BM CORPORATION - MJD DELIVERY CONFIRMATION ONLY C11
NAME/ DEPT MJD ADDRESS INFORMATION SERVICES
ADDRESS P 0 BOX 841593 901 B TEXAS ST
DALLAS T% 75284 DENTON, TX 16201
DESTINATION BUYER TS TERMS
F''
YENDDR HQ III55001 DELIVERY QUOTED 04 O1 95 FOB I P Vw1
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NKa
MFG NAME 1.000 73,444.013
08 SS VENDOR CAT. I N / A I
001 73444.
CITY 193921 }
SOFTWARE MAINTENANCE FROM 5/1/94 THRU 4/95 i
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P GE TOTAL 1 13,444.00 1
OR ND TOTAL s 73,444.00
8521 73,444.08
100 044 0080
1.
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km4s gtrlwur•~1 . $Aippinq instructions. f0.6, esUnation prepaid ai,i.., .m.+.:. y..d.el
r y'1iN,M I. Terms MCI 30
i.'. L $04 wilmal Invoice wide luplicate copy. d
' 3. No ping i is suns sates D s~+11 be included urc ing vision
Accwda peyabk Ie prices billet
219 L ►AcKlmetr sc PURCHASING
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PAGE. W1 Q eM
MEMBERS PRESENT: Don Edwards, Robert Minnie, Bryan 4c~ and
Gene Luster
MEMBERS ABSENT: Rosa Lawton
OTHERS PRESENT: Gary Collins of the city staff
Gary Collins reviewed the coat of renewing the system software
licenses with IBM. Gary Collins explained that this software was
proprietary and that ISH is the only source for the softwaro.
Bryan Scott made a motion the Data Processing Advisory Board
recommend the city Council approve the renewal of the IBM system
software licenses. Bob Minnie seconded the motion and it passed
unanimously.
Gary Wlins reviewed the proposed 1994-95 information Services
Department budget with the Data Processing Advisory Board and
pointed out which supplemental packages would be presented to the
city council for their approval. Gary Collins then conducted a
tour of the new facilities for the Data Processing Advisory Board
members.
There being no further business the meeting was adjourned.
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981756685M PAGE.001
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7 dreg LINDA A39AMS • A O0 11"f6
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r"MA)ESOUPTION 1Aa PRWM THaU APPLICANA APPL. TA% kv Maw
MOD/SE3 m OPT DATC DATE CHARGE OISC./2 AMOUNT fXCL OrC TAXES
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INVOICE FOR LEASURENTAL MACHINES AND /OA LICENSED PROGRAM CHARGES
TYPEMESCRIPTIAN LS/; FROM THRU APPLICABLE A"L. TAX NET AMO NT
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DATE: June 7, 1994
Ag6oddi @
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ITy COUNCIL REPORT Date 0
Mayor and Members of the City Council
TO:
Lloyd V. Harrell, City Manager
for Certified
FROM:
SUBJECT: contract with State Historical Commission
Local t (historical) Grant
stF~O EN ATION :
Staff recommends approval.
the State Historical
contract enabls reimbuement by ssion for t oeprojectsras follows:
The fi
Comm
CITY CABS! STATE
PROJECT CITY IN-RIB CONTRIBUTION REIMBURSEME2iT
CONTRIBUTION
$23,000 from $11,135.
Inventory $500 by LALOR
Of poten- Preservation reserve
tial Officer for funds,
historic contract maximum.
structures. supervision. $600.
$60o in
Training/ $0 Planning
Travel. Department
Budget.
s
S
iQU~•
will
Council directed staff use , the 199 LOR reserve funds yefor
ar
the inventory grant on April 5 current ownership,
include a photograph, address, will be to identify
ur ose of the inventor the National Register,
built and p P Inventory data will
allowing the significant properties. lanning activities,
also provide the basis for community P It will ings in
support tourism and economic development programs.
secifically
also facilitate the coordSienction 106 ereviewndert ificaion
our community such as
h the Community Developments 6ogwation eofficer will
throug rams, The P b providing
on rog
and d able programs. the Public ro er-
also b be able to better serve Y
P P
information on historic properties and protecting well reasoned decisions
ties slaed mark f Commission demolition.makiThe information will assist
the Landand is actually the
sive survey.
E regarding local designation. Tomprerohenect
initial Phase in developing a c
S
1.
h .
i`
P~0'~j3N0
~,g~ad ISe~
can be used for a d
survey a heritage
coin mprehens schools ive °p
and to dovll t
information in a can encourage investmen
educational programs encourage
tourism initiative. The inven orx Act incentives, bringing
in historic properties using Ta council will
economic benefits and outside dollars into Denton. The
is now being prepared for this survey. -If the bids
at a land date
RFPS state hares will
000,1 survey city
see the bids for $23,
are less than decrease proportionately.
project is to the Texas Hfor°staff
The training/travel pro the CL_ Conference)
training is a
This ick
Commission's annua l training Commissioners-
E dmark
the
element to local governmen Thits travel certification irwh
and historic Lan
mandatory funding.
enables state grant artment's budget.
planning and Development Dep
nFDaRTMBN ~R- GOB S AF ' E
Preservation Program and HLC-
nam-, p~- maximum. Reimbursement
$21,000 from lALOR reserve fund,
$11,755.
4.1.,,iHarrello submitted:
v
j Cit Manager
I Approved:
Robbins 1CP
rank H•
ExecutiveandrDevelopment
Planning
ATTACHMENT:
y 1• Contract with 5 attachments.
2, ordinance.
j 1. Council Minutes.
AUDOSCE
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0 36
ORDINANCE NO.
AN ORDINANCE APPROVING A CERTIFIED LOCAL GOVERNMENT GRANT WITH THE
TEXAS HISTORICAL COMMISSION FOR A HISTORICAL SURVEY; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
t THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
That the City Council authorizes the City Manager
SECTION I.
to execute any and all documents necessary to obtain a Certified
ute an
3 Local Government Grant from this Texas Historical Commission, a
i copy of the Grant Agreement being attached hereto and incorporated
by reference herein.
I
SECTION Ii. That the city Council authorizes the expenditure
of funds in accordance with the terms of the grant.
$ECTIQli IiI. That this ordinance shall become effective immed-
iately upon its passage and approval.
I PASSED AND APPROVED this the day of , 1994.
I j BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
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BY:
1
Ca
APPROVE!) AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
• ~i
BY: '2
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9%1Ck MI D42rr Too
T E X AS H I S T O R I C A L C O M M I S S I O N
P.O. SOX 11176 AUSTIN. TEXAS 71711 15111 kSHN
CERTIFIED LOCAL GOVERNXENT GRANT
This agreement is entered into by the Texas Historical
Commission, a State Agency, hereinafter referred to as the
Commission, and the City of Denton, hereinafter referred to as
the Contractor, pursuant to a grant made to the Commission for
Fiscal Year 1994, by the U.S. Department of the Interior,
National Park Service, under the provisions of the National
Historic Preservaticn Act of 1966, P.L. 89-665 (16 U.S.C. Sec.
470 et seq. This grant is made for the purpose of funding a
project or projects to be undertaken by the Contractor as a
participant in the Certified Local Government program.
The Contractor in consideration of the hereinafter monetary
sum to be paid by the commission agrees as follows:
SEC. 1. The Contractor shall undertake and complete the
project and/or projects as set out in the Approvcd Project
Notification (with detailed budget) and attached Environmental
Certification (Attachment A). Products developed under this
agreement must conform to the expectations of the Commission and
the Project Proposal, as stipulated in Attachment B.
SEC. 2. It is agreed that the Contractor shall be an
independent Contractor for the purposes of this Agreement. The
Contractor shall not be considered the agent, the servant, or the
employee of the Commission for any purpose whatsoever. The
liabilities of any kind arising from the performance of the
contracted work covered by this Agreement and all Appendices
thereto are the responsibility of the Contractor.
SEC. 3. The staff employed by the Contractor shall meet the
Standards for professional qualifications as outlined in 36 CFR
61 (Attachment C), and be employed by competitive procurement.
Regulations of the U.S. Department of the Interior strictly
prohibit unlawful discrimination in federally-assisted programs
on the basis of race, color, and/or national origin. Therefore
the Contractor must sign DI Form 1350 (Attachment D) and return
signed form to the Commission with this contract. In all cases
the person(s) employed by the Contractor to complete the work
specified in Sec. 1 must meet with the approval of the
Commission. The professional hired must also attend an
~If~c~'!alc~Iyrrrcyf r.9lloucJrcru+rrlian
f orientation session with the Commission's National Register staff
prior to commencing work.
SEC. 4. The Contractor shall keep accurate financial
records available for audit by the Commission or by Federal
auditors three years from Project End Date. In addition to the
terms detailed in this Agreement, all Federal requirements
governing grants (Office of Management and Budget Circulares A-87
or A-122, A-102 or A-110, and A-128) are applicable.
SEC. 5. All grant funds shall be spent in the manner and
amounts specified in the oProject as
detailed Budget, a copy
Attachment A.
SEC. 6. The work covered by this Agreement shall begin
April 15, 1994 and be completed by April 30, 1995. If for any
reason the work is not completed by su.h date or if the Agreement
is canceled due to Contractor's default, then all amounts paid
under this Agreement shall be immediately due and repayable to
the Commission. It is further agreed that all materials
stipulated in Attachment A and B and all reimbursement requests
be submitted to the commission by July 30, 1995.
SEC. 7. All documents referred to herein are hereby
specifically adopted as part of this Agreement, as is set forth
herein.
The COMMISSION, in consideration of the hereinbefore
described undertaking by the Contractor, agrees as follows:
The Commission shall reimburse the Contractor exclusively
from U.S. Department of the interior grant-in-aid funds for
historic preservation (Certified Local Government) upon the
receipt and approval of invoices from the Contractor as long as
the Contractor is in compliance with this Agreement, up to the
total grant sum of $11,735 as specified in the Grant Award Letter
(Attachment E). Such payments to be made as requested for
services actually rendered, or if mutually agreed, in one lump
sum up to the total grant sum, upon completion and approval of
all the requirements set forth in this Agreement. The Contractor
shall submit documented reimbursement requests to the Commission
and the Commission will in turn reimburse the Contractor up to
one half of the requested figure. It is further agreed that a
sum not to exceed 25% of the total granted sum will be retained
by the Commission until all stipulated materials and properly
documented reimbursement requests are submitted by the
Contractor.
IT IS FURTHER AGREED and understood by both parties that:
SEC. 1. All materials published, printed, or used for
public distribution funded in whole or in part by the commission
will note on its materials that the Texas Historical commission
r
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,
,q -ply F
and the U.S. Department of the Interior, NationalrPark Scontenrf0
aided in financially assisting this work.
and opinions do not necessarily reflect the views and policies of
the Department of the Interior, nor does the mention of trade
names or recommendationrbyatherDepartment softthe Interior. or
SEC. 2. This Agreement may not be amended by either party
,without the written consent of the other party. In special
to requiremNatients Register
cases, adjustment
necessary pursuant
Department with the approval of the Texas Historical Commission.
SEC. 3. The Commission reserves the right to terminate this
Agreement when it is determined that the contractor has failed to
comply with the terms and parties dthatnthefprthis oductsrbeingtproducedt
is determined by both both p p
are not beneficial to the project.
WITNESS OUR HANDS this 5th day of April, 1994.
CONTRA THE TEXAS HISTORICAL COMMISSION
by: ctor's gent Executive Director
APPROVED AS TO FORM:
by:
Assistafit Attorney General
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Attachment A: Approved Project Notification (with detailed
budget) and attached Environmental Certification
Attachment S: Expected Products and Project Proposal
Attachment C: Standards for Professional Qualifications
Attachment D: DI form 1350
Attachment E: Grant Award Letter
3
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6-7
PROJECT NOTIFICATION
TITLEt City of Denton CLG Grant
GRANT NO.s 48-94-90065.006
AREA AFFECTED BY PROJECT
(counties): Denton TOTAL PROJECT COST: $24,700
FEDERAL SHARES $11,735
CONGRESSIONAL DISTRICTS NONFEDERAL SHARES $12,965
26
STATE CONTACT PERSGXt TYPES MEN I REVISION
Luis A. Arellano (512) 463-5852 PRE-DEVELOPXZNTi YES_NO_JL
1. SUBGRANTEEt City of Denton
215 E. McKinney
Denton, Texas 76201
2. NONFEDERAL MATCHING SHARES
Donor: Subgrantes
Source: City of Denton
Kind: Cash and In-Kind
Amount: $12,965
3. BUDGET:
Identification Survey of Properties built before i945
i Contractual Services $23,000
Supervision (30 hours 0 $16.%6) 500
Subtotal $23,500
Certified Local Govertuent Conference
Travel, Per Diem and Lodging $1,200
Subtotal $1,200
PRWE TL 01~t $24,700
4. PURPOSES Initiate phased survey of historic resources and to
travel to the Certified Local Government Conference.
Anticipated products will be an inventory of all properties
constructed prior to 1945 and the attendance to the CLG Conference.
5. BEGINNING/END DATESS April 15, 1994 - April 30, 1995
6. An Environmental Certification is attached.
7. No dam income will be generated.
APPROVED
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GRANT Np,s 48-94-90065.006
8. CUTITICATION1 As the duly authorized representative, I
accordance with the National nRegister aPrograms Manual
certify performed that
and the Secretary of the Interior's "Standards for Guidelines for " Al Planning, 'Identification, thg Maaluation and nual will be maintained
ion.file for
audit and documentation State Program requbApproval purposes. All proposed costs for
e
j personal compensation charged to the Federal or nonfederal share of
this subgrant are within the maximum limit imposed by Chapter 13,
Section S. 39.e. of NPS-49. These costs have been assessed by
n found to locals labor
knowledgeable o i charges
customary range
aarket, and appear to be appropriate charges for the product to be
achieved with grant assistance.
Date
gnature
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This Prect Notification has been hat the information contained hereiniisein conformance determination with made
programmatic mandates, procedures, and legislation as outlined in
the National Register Programs Guideline (NPS-49).
Approved:
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qo~'
ENVLRUVN}:NrA[. CERTIFICATION
J based upon a review of the application, proposal narrative, and the
f supporting docurentatlon contained in the application, it has been
determined that the proposed HPF project
City Of Denton FY 94 CLG Grant
meets the criteria for categorical exclusion under Section A.6-c,
f
Plans. Studies and Reports, Chapter L1-
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s date:3 9 !
-2
State Historic Preservation Officer
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I Concur:
- - date:
Regi al Director (or dent re fur
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3 1 grant appr.+val)
Y . , Nat im+al Part S.•rvie
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_677
I~ EXPECTED PRODUCTS OF HISTORIC RESOURCES SURVEY AND INVENTORY /Qd f~
PROJECTS
Surveys are a process of Identifying and gathering data on a community's historic
resources. In as comprehensive a manner as possible, surveys document all pre-
1945 historic buildings, objects, structures, sites and districts within a given
geographical boundary. Surveys assign high, medium or low priority rankings to
these resources. Initial identification is followed by a phase that concentrates on
high priority properties, generally those which may be eligible for inclusion In the
National Register of Historic Places. Such resources are of significance in American
history, architecture, archeology and culture, and generally are more than 50 years of
age. The full range of products for a historic resources survey includes the
following, with representative samples appended.
A Texas Historic Sites Inventory Form (typewritten), or its approved equivalent,
must be provided for every (high priority) historic property In the survey area.
Photodocumentation (including negatives) for all surveyed sites must be provided.
Either 4' x 5' or 35mm format may be used. For 35mm format, one contact sheet
and one completed Photo index sheet must accompany each roll of film. Sample
forms are attached. In addition, 35mm slides of all high priority properties and
representative atreetscapes are required. Proper identification of each view must be
provided with all photodocumentation.
Detailed Maps must Identify the location of all surveyed properties and districts.
Local maps (preferably with building footprints) or USGS 7S series maps may be
used to dearly identify surveyed sites and their site numbers. A figure for the total
number of acres surveyed must also be provided.
I~
A Final Report (two copies) must outline the survey's purpose and methodology. 1
In addition, observations about the background history of the area, patterns of
settlement, development trends and resource distribution shall be included. Results
should discuss analysis, Implications and recommendations for local, state and
federal historical designation and other appropriate preservation methods. This
report must be in conformance with the attached US. Secretary of the Interior's
Guidelines for Identification.
All of the above-mentioned products become the property of the THC upon
completion of the grant project. Survey and inventory projects may modify the full
range of products, as specified by the attached Project Proposal.
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13720 Federal Register J Vol. 118. No. IW J Thursday. September :9. 198.] J Notices
generally staled in terms of property evaluation of suer containing mat"? I) pes are used by two contexts:--
types. rot which dating techniques are still reconciling the goals will require do 117$19
The purpose of artablishing being developed). Stijl ry the level of importance
preservation goals is to set forth a "best 3. Identification, evaluation. autgned to earn property type. The
cue" version of how properties in the registration and treatment activities degree to which Integration of historic
historic context should be identified previously carried out for property types cor.texis must Involve reconciling
evaluated. registered and treated. In the historic conlexl. property types may be limited by the
Preservation goals should be oriented If a number of properties representing coordinated development of historic
torerd the greatest possible protection one aspect of a historic context have contexts used at various levels.
of properties In the historic context and been recorded or preserved treairr ens with Mono
should be based on the principle that or additional members of that property Ic e`Tration with 8amoral
properties should be reserved in place type may receive lower priority than Fromeworks
if possible, through affirmative treatment of a property type for which Preservation goals and priorities are
treatments like rebabilitabon, no examples have yet been recorded or adapted to land units through
stabilization or resloratitirL Generally. preserved- This approach ensures that integration with other planning
goals will be specific to the hl starlit the focus of recording or preserving all coocems. This integration must Invd ie
context and aril o8ea be phrased in elements of the historic context is the resolution of conflicb that arise
terms of property types. Some of these . retained rather than limiting activities when competing resources occupy the
Goals will be related to Information to preserving properties representing same land base. Successful resolution of
needs previously Identified for the only some aspects of the context these conflicts can often be achieved
historic context. Collectively, the goals The result of conslderin the goals in ttlotVb judidout combine lion of
fora historic context should bee tight of these concerns wi~ be a list of inventory, evaluation and treatment
coherent statement orprogrem direction refined goals ranked in order of priori ty. activities. Since historic properties am
covering all aspects of the context lntegroting Individual Contexts- irreplauabie, these activities should be
For each goat a slatemenl should be Creating the Preservation Plan heavily weighted to discourage the
prepared identifying. uction of significant properties and
t. The gwL including the context and When historic contexts overlap d aestrbe compatible significant
with the primary sand
properly types to which the goal applies geographically, competing goals and cast
and the geographical area in which they priorities must be integrated for
are located; effeclivt preservation planning. The rl a *AdedSources of recAnical
L The activities requited to achieve ranking of goals for each historic tero.mCboa
the goat context must be reconciled to ensure Resa:m pfcintion plannkv Process.
3. The most appropriate methods or that recommendations for one context S:ra WW Karts Grants Division, 19eo.
strategies for carrying out the activities: do not contradict those for another. This Weshington. DG Available from Survey and
d. A schedule within which the Important step results in an overall set 1`4naiog Branch. Interagency Resources
activities should be completed. and of priorities for several historic eon'exts Division. National Park Service- Department
S. The amount of effort required to and a list of the activilies to be or the tnte". Washington, D C. 20740.
accomplish the goal as welt all a way to performed to achieve the ranked goats- Oudaxn a step-by-step approach to
valuate progress toward its When applied to a specific geographical =pled eutiq the resource prolection
accomplishment area, this is the preservation plan for p `as p`O0`ss
that area. Resou mholection P/0"14 Process Case
Setting priorities forgools It is expect' that in many inala...ces Sudiex Available from Survey and Planning
Once joals have been developed they historic eootexis w tl overlap Brar'ck Interagency Resources Division
need to be ranked in lm Satimd Pak Service. Department or the
e portanu are ikely to occur in two in two Aping contexts trterwr, W&AILLWo . D.G 20740. Reports
Rattking Involves examining each goal an lik
ely to ptepued by State iGato is Pesetvstioa
In light of a number of factor combinations -those that were &lined price and other using the planning process,
i. Central sodal. economic, political 'it the same scale Re. textile Pfonniry Tkeory. Andreas Faludi. sofa
and environmental conditions and development in Smithtown 1850.17111 Odord persaamoo Press. Constructs a toodet
trends r s. r ~.ling (positively and and Civil War in Smithtown ws-]fro) of ptamina m4y concepts borrowed from
negative' r ) the identification. and those defined at different scales steal sy+te" th"7-
evaluaibn, registration and treatment of II-e" Civil War In Smithtown and Ord SECRETARY OF THE INTERIORS
properly types In the historic context War in the Shenandoah VoUey} The STANTARDS FOR IDENTIFICATION
Some property types in the historic eonlexia may share the same property
context may be'more directly threatened lypea, although the shared property Identification activities are
by deterioration. Isnd doveloptwnt types will probably have different levels undertaken to gather information about
patterns, contemporary use patterns, or of imporUrce, or they may group the historic properties in an area. The scope
public perceptions of their value and same properties into different property of these sctMties will depend am
such property types should be given types. neglecting either a different scale existing knowledge about ptapertiea:
priority consideration. of analysis or a different historical goals for survey activities developed in
L Major cost or Icchnical perspective. the planning process; and current
considerations affecting the As previously nottd, many of the management needs.
)dentificadoa evaluation and treatment goats that the formulated for a historic Standard I. Identification of Historic
of property itypess In the historic conlexl. context coil' focus on the property types PrrPero~h Is Undertaken io the Degree
The idenlfiution or treatment of defined for that context. Thus it is Required To Mahe Decisions
some property types may be Itchnically critical that the Integration of goals
possible but the" prohibitive; or include the explicit consideration of the Archival research and survey
techniques may not cuff toUy perfected potential for shared property type activities should be designed to gather
(for example. the identification of membership by individual properties. the Information necessary to achieve
submerged sites or objects, or the For example, when the same property defined preservation goals. The
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Federal Register I Vol. 48. No. i9o i Thursday. September 29, 1983
objectives, chosen methods and Guidelines outline one Approach to meet process and for bnkin these activitin-i94
techniques. and expected results of the the Standards for identification. directly to the goals andithe blslork~-
Identiftcatioa sclivities are specified in Agencies, organizations and Individuals context(s) for which those goals were (Z40
a research design These activities may Droposiry Io approach Identification defined. The research design stipulates
include archival research and other differently may wish to review their the logical t~tegrction of historic
techniques to develop historic contexts, approaches with the National Park context(s) and field and laboratory
sampling an and to gale a broad Service. nap rfo)ogy. Although these tasks may
undemanding of the kinds of properties The Guidelines are organized as Fenbu4 to the individually. xley wig out
it contains, or examining every property follows:
In an area as a bash for property Role of Identification in the Planning pPoseib,e in increasing Information an the
specific decisions Where possible. use process historic context unless they relate to the
fquantitative methods lImportant PerformtN Identification defined goals and to each other.
obecause it can reduce an asttorion tntegnttng Identification Results Additionally, the research design
p ReportingldertNfication Results provides a focus for the Lnlegration of
whose reliability may be assessed. of Recommended S"mrs of Technical interdisciplinary Information. It ensures
the kids of historic properties that may Information that the linkages between specialized
be present in the studied area. Role of Identification in the P/onnimg activities are rest logical and address
Identification activities should use a Process the defined research questions.
search procedure consistent with the
management needs for information and Identification Is undertaken for the Identification activities should be guided
the chancier of the area to be p se of looting historic properties by the research design and the results
investigated. Careful selection of and is composed oft number of discussed in those terms. (Sea Reporting
methods, techniques and level of detail activities which include. but are not identification Results)
is necessan, so that the gathered limited to archival research. informant The research design should Include
information will provide a round basis interviews, field survey and analysis. the following
rot making decisions. Combinations of these activities may be 1, objectives of the identification
selected and appropriate :r tits of effort activities. For example. to characterise
Standard ro o(d lde t rri/ the icarion .reigned to produce a flexible series of the range of historic properties in a
Activities 11. are Results
eY' options. Generally Identification rrgion; to identify the number of
Preservation Plonnirg Process activities will have multiple objective., properties associated with a context to
Results of Identification activities are reflecting complex management needs. gather information to determine which
reviewed for their effects on previous Within it compre hensive planning properties in an area are significant
planning data. Archival research or field process. Identification is normally The statement of objectives should
survey may refine the understanding of undertaken to acquire property-spetific refer to current knowledge about the
one of more historic contexts and may information needed to refine a particular historic contexts or property types.
alter the need for additional survey or hi atodeconItxt or to develop any new based on background research or
study of particular property types. historic contexts (See the Guidelines for assessments o previous research it
Incorporation of the results of these Preservation Planning for discussion of should clearly define the physical extent
activities into the planning process is information gathering to establish plans or the area to be investigated and the
necessary to ensure that the planning and to develop historic contexts.) The amount and kinds of information to be
process Is always based on the best results of identification activities are gathered about properties in the area.
available informatiom then integrated Into the planning g,lvfethods to be used to obtain the
most up-to-date activities ate information. For example: archival
Standard UL Identification Activities bEaasweds on the that subsequent
' include Explicit Procedures /orRecord. information. Identification cation activities err research or field survey. Research
Keeping and Information Distribution also undertaken la the absence of a methods should be clearly and
information gathered In Identification comprehensive planning process. most specifically related to research
activities Is useful in other preserv Won Geyuently as part of a specific land-use problems.
planning activities only whea II is or development project. Even lacking a Archival research or survey methods
systematically gathered and recorded. formally developed preservation should be carefully explained so that
and made available to those responsible planning process. the benefits of others using the gathered lnformatloo
for preservation plarinins.'ne results of efficent. goaldirecled research maybe can understand how the Information
Identification activities should be obtained by the development of was obtained and what its possible
reported Ina formal that summarizes localized historic contexts. suitable in limitations or biases arts.
the design and methods of the survey, scale for the project area, as part of the The methods should be compatible
provides a basis for others to review the background research which customarily with the past and present environmental
results and states where information on occurs before field survey efforts, chary ttend er thof the e kinds of pphiica are rounder
Identified properties Is maintained. however, sensitive Information. like the Performing identification likely to be present m the area.
location of fragile resources. must be Research Derign J. The expected results and the
safeguarded from general public Identification activities are essentially reasons for those expections.
distribution. research activities for which a statement Expectations about the kind, number,
Secretary of theln'erior•aCuideliaes for of objectives or research design should location, character and condition of
Identification be prepared before work Is performed. historic properties are generally based
Within the framework of a on a combination or background
Introduction comprehensive planning process the research. proposed hypotheses, and
These Guidelines link the Standards research design provides a vehicle for analogy to the kinds of properties
gfor Identification with more
and technical Inrormalion.The performed during the Identification envilronment or story.
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Vol. 48 No. 790 1 Thundey, September 29, 1983 1 Notices ::i -
"722 Federal Register qq
Archival Research properties in a particular area and the initial large area survey ace used to I~ ~J
~b
his "Dealin more
consider decisions that structure successively
Archival or background
prior to any research fiIseld terms at the sensitivity or area in detailed surveys, , This t technique
survey. where Identification is terms the resulting historic preservation the ation concerns approach is efficient technique since
and the Implications for future enables of both large
undepen as part part of a background comprehensive research land use planning. data should and d small areas characterization atith effort.
suchs
res should be dsmenesigof to permit
planning rtakave taken place as part of the allow the formulation n of estimates of the with alive reduced ve quesoil development of the historic contexts necessity,
type and cos! o of further procedures investigative
(see the Guidelines for Preservation Identification work and the setting of an independepnt usessment f resin U. Various s car.
Planning} In the absence previously priorities In most cases, a easssurveyed be conducted including lbut norve t limited
archival in this way will require resurvey if more to: random. stratified and systematic.
developed historic drcontexts,
search should adders s specific issues complete Information is needed about Selection of sample type should be
and topic It ahour not should IU specific eopertieI. guided by the problem the survey Is
previous work Sources should Include, Areconnaissance survey should expected to solve, the nature of the
but not be limited to, historical maps document expected properties and the nature of
atlases tax records pholognDAs 1, The kinds of properties looked for. the area to be surveyed
ethnographles, folklife documentation. 2. The boundaries of the area Sample surveys may provide data to
oval btderies and other studies, as well curveped estimate frequencies of properties and
as startdud historical reference works. g, Tha method of survey, Including the types of properties within a specified
as ap• ropriata for the research problem. eaten! of survey coverage, area at various confidence levels.
(See the Guidelines for Hlstores! 4. Tire kinds of historic properties Selection of confidence levels should be
Documentation for addi6orad present In the surveyed area; based upon the nature of the problem
discvsiom) S. Specific properties that were the sample survey Is designed to
Field Survey identified. and the categories of address.
information collected; and predictive modeling Is ■n application
The variety of field survey tez1gaes 6, places examined that did not of basic sampling techniques that
available, to combinati ve with the contain historic properties. projects or extrapolates Ills number,
varying levels of effort that may be Intensive survey Is most useful when ciases and frequencies of properties In
assigned give great flexibility to it is necessary to know precisely what unsureyed seas bored on those found
lmplrraenting field+urveys U Is historic properties exist In a given area in surveyed areas. Predictive modeling
Important that the selection of field or when information sufficient for later can be an effective tool during the early
survey techniques and level of effort be evaluation and treatment decisions is stage of planning an undertaking, for
responsive to the management needs needed on individual historic properties, targeting field survey and fa other
and preservation goats that direct the intensive survey describes the management purposes. However, the
survey effort distribution of properties in an area: accuray of the model must be verified:
Survey techniques may be loosely determines the number, location. and predictcions should be confirmed through
grouped Into two categories, according condition of properties; determines the field testing and the model redesigned
to their results. First are the techniques types of properties actually present end retested if necessary.
that result in the characterization of a within the area: permits classification of
region's historic properties. Such individual properties: and records the special survey techniques
techniques might include "windshield" physical extent of specific properties. Special survey techniques may be
or walkover surveys, with perhaps a An Intensive survey should document: needed in certain situations.
limited use of subsurface survey. For i. The kinds of properties looked for, Remote sensing techniques may be
purposes of these Guidelines, this kind 2, The boundaries of the area the most effective way to gather
of survey is termed a "reconnaissance." surveyed: background environments data, plan
The second category of survey 7. The method of survey, including an more deviled field investigations
techniques is those that permit the estimate of the extent of survey d scover certain classes of properties.
identification and description of syecific coverage: ma sites, locate and confirm the
historic properties in an area: this kird 4. A record of the precise location of ppresence of predicted sites, and define
of survey eflert is termed"intecsive" all propertiesidentified and features within properties. Remote
the terms "reconnsisana" and S. Information on the appearance sens[ ng techniques Include aeds4
"intensive" are scmetimee defined to significance, integrity and boundaries of sen surrfi techniques
and underwater terlmignes ace mean particular survey techniques, each property sufficient to permit an Ordinarily the rn under of remote sensing ults
generally wits regard to problstorie evaluation of its significance. should be verified through Independent
sites. The use of the u,ms heft Ss Sampling field inspection before masdna any
general and is not intended to redefine
of pr perlki.
the term Bison a art used elsewhere survey Might be most methods may bee ployedsaccording to frequencies orstatement
profitably employed when aalhe 8 a air ling procedure to examine lea- Inregroting Identification Result
dale to refine a veloped istorie than=lh•total project or planning area, The results of
must be Integrated elntalthe planning,
effectiv presence otuabsr ce of gpect de seve al pe cantions are beingeconsidewhen
property types to define specific for an undertaking or when it Is process so that planning decisions are the
d distribution of historic estimate in an resources of antarea in many calses. The new info mention 1 available firs lt ass" stedm
area. The results of regional especially whets large land area are against the obfectives of the
chuecteriration activities provide a Involved, sampling can be done In identification effort to determine
geneal undeaUndins of the historic stages. in this approach. the results of whether the gathered information meets
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Federal Register 1 Vol. 48, No. 190 / Thursday, September 29, 1987 / Molise'
the defined Identification goals for the dealgning end carrying out commurrlq criteria. The crileriaemplayed very
hielorie eontexl(sk then the goals art surveys. depending an the inventory s in
lrr~I•' y
adjusted accordingly. in addition, the Me Process of£ield Research: riml resource maaagtmenl ~7 f
historic context martaliva, the definition Report on trio blue R re Parkway £olklefe
or property two and the planning goals gOKuc American Folk fe Ceater, legit. Standard L Evoluo(Ion of the
faevalustianand Ltatmenlartall Regional SomplingInArcheo David Significance ofHistorieProperU'dUses
(tuns Thomaa. University of Cali tee.
adjusted as necessary to accommodate Archeological Survey Annual Report 19sa-s. Established Criteria
the new data. 1187-1110. The evaluation of historic properties
Reporting Idenblication Results Remote Sens ing~AHandbook Jar employs criteria to determine which
ArcA ogisIs andGharalResource
rties Ire s`fnrocus fiun 110 CL C atr arilet{a
Repoeting of the results of arroer names R. L ores and Thomas she Su therefore L
identification activities should begin Eugene Avery. Cultural go source
with the statement of objectives Management Di.islon, National Park Servkt arcbilectursl, archeological, engineering
prepared before undertaking the curve). U.S. Department of the Interior. ten. and cultural values, rather than on
The repoet should respond la each of the &awle Sensing and Non-Destructive treatments. A statement of the minimum
points docementArcheology. Tomes R. Lyons and James L Information necessary to evaluate
major int. Ebert, editors. Remote Sensing Division ro erties a ainst the criteria should be
1. Objectives; Southwest Cultural Rewuecescenter. P P i
L Area researched or surveyed; National Park Service, US. Department of the provided to direct Information gathering
g Research design or statement or Warior and University of New Mexico, Etna activities,
objectives; Remote Sensing Experiments in Cultural Because the National Register of
4. Methods used, Including the Resource Studies: Nan.Desouctiver Methods Historic Places is a major focus of
intensity of coverage. If the methods of Archeoloskal Evitmotiorl Suawy, and prestrvatio0 activities on the Federal
Ano/gals. ones A Lyons usembiit.
stater from of those outlined to the State and lout levels the National
reports of the Chaco Center. Number One.
statement should be a objectives the reasons National Park Service. US Department of the Register criteria have been widely
should be xphained Interior and Univerwy or New Mexico, 1e76. adopted not only as required for Federal
L Results. how the results met the Sampling In Ardieolcgy lames W. Mueller, Purposes. but for Stale and but
objectives; result analysis, implications editor. University of Arizona Prna t971 Inventories as well. The National
and recommedations where the Tucson. Arizona. Historic landmark criteria and other
compiled information is located. Scholars as Contractors William 1. Mayen criteria used for Inclusion of properties
A summa of the survey results odes and Alice W. Portnoy, ednon.
ryCultural ResourceMans Stud;es. US in State historic site file are other
should Identified for examination and Departmental the Interioar,nent 19M examples of criteria with different
distribution, dentified properties should Sed;m ^torrS(d'esaJPnhistorie management purposes.
then be evaluated for possible inclusion AxAeoleg cof Sites Sbrrwood Cagliano.
in appropriate Inventories. Charles Pearson Richard Weinstein, Diana Standard It. Evaluation of S(gnificance
Protection of information about Wiseman, and Christopher McClendon. Applies the Criteria Within Historic
archeological sites or other properties Division of State Plans end Crania, National Context
that may be threatened by Park Service. US Department of the Interior
using s
, Properties arc evelualed dissemination of that information is 19st Wsshingtoa D GAt ailable from pro
hiatonc context that sealed Identifies the
neceesery. [hest may Include fragile Coastal Fu vlronmenta tree lien Ma n street.
archeological pro peAia or propert es Baton Route. Louisiana 70e11L Estabbbes significant patterns that properties
such as religious ,ilea. Struciurta or and evaluates a method fu employing represent and defines expected property
objects, whose cultural value would be sedimeniologiul analysis in distinguishing types against which Individual
site areas from non-site ones when
compromised by public knowledge or identi I eubmee properties may be compared Wilhnathe
O e properly s location In ^l rgtd archeological Bites on this comparative framework criteria
the continental shlf. for evaluseon take on particular
&cantmendedSources redoical Stale Survey£orms.Available from
Ii !n/orarorion interagency Resource Management Division meaning with regard :o individual
! National Pub SeMce.Department 0 40, 111 the Properties.
Th
I`~- J/I e Archeological Surreys 1Lfeiladr and Interior. WasAinatort D.C. .G 2raW.
Uses. Thomas F. King. Interagency Characterizes culture resource survey Standard Af. Evolaabbn Result In A
to cal Service a. US. Department of documentation methods in State Historic Lisi or In yen lory of SignifieanI
the Interior. 397a Washington. D.C Available preservation (Mires Properties That Is Conau/W In
through the Superintendent or Documents, 71uas fridge ryperA Cuide to Doting and Assigning Relfirtrolion and Treatment
US Government printing Office, ldentrfytng. Donald G Jackson and T. Man Priorities
Weshlrom D.G wax CPO Stock number Comp, Amerfcaa Assodstioo for Stale and
024-01640061. Writteo primarily toe the read- Local Hlslory.101. Nashville. Tennessee. no evaluation process and the
uchealogis% this publiestioo assents Technical kaflet M Available from subsequent development of an inventor)
cantle
methods and objectives O v ambeological AASM no Berry Road. Nas"r of al qgnllicanl properties Is surveys. Tennessee 37MLIafoemstionabout cation of[ t the
t ificenca
Cuhurol Resources Evaluation of via performing surveys of historic bridges and activity. Ety should be plot
Abrihtre Calf of Mezko Cwtrhenlol Sfeg. Wemtilying the types of properties of a property sboW completed
National Park Sam" US Department of the tocou^lered before registration U considered sad
interim 1477. before preservation treatments are ~
Culdelintr )tor tan/ Surveys: A basis for Secretary of the Interloes Strndards for selected The inventory entries should
Prrserrotioe Pknwy Aare Derry, H ward Evaluatiaa contain sufficient information for
landl, Carat Shull end Jan Tbarman Nallonal Evel'radon Is the process of subsequent activitleit suck as
Ramie. DI vision. US Department of the d<terminl whether Wentifiad regfatretlon or treatment of rties.
Enierir, 1978. Washington. D.G Available en
rtlel meet dented viteria or Including as evaluation statement that
dueugk the Superintendent of Documents P Pe
US. Covernmeol Printing Office. slgndfiunce and there fore ahould bt makes dear the significance of the
Washington, D.G 2ML CPO stock number included In on Inventory of historic property within one or more historic
024-016a11e6 T. Central guidance about properties determined to meet the contexts.
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IGAMJIIWIVllrynk. VVUUUwa•y•~ TEXAS HISTORIC SITES INVENTORY FORM
It RESWENT1AL PROPERTY FORM
COUNy
C4/Rural S4el USGSOuado_ _ L r!~
Historic Name Date: Factual Est. Additions:
Address Archilec Builder
O*ner Contractor
Legal Desc. Historic Use
Present Use
Property Type Subtype St*lic innuence
H (MsV.kyy of of: O location 0 desigO setting O male4als O wm kmn$Np Propty O association O feeling
Areas of Signiraanoe (ra*justification)
$bbOrWry (waludo oral Wtories)
Surveyor Date Surveyed
Plato Data: R*Frame through Rog/Frame
Designations: _ NR RTHL _ HAGS _ Local Dther Slides
6rtr, r-ski
pa}r nrwa Tir+rm rtandyd~ 4 pumrry rr+ear "It
OESCRtPT10N OF BUILDING: - bed _ boa eaves
dr:oora:i a saeenwo k oTosed rafw wxb
Loatton: _ sabsrorw vw*w (sPeclt a9rs mnsgunt on) Fg s+M*k bra" s
s
orfg haf baticn _ brick (spady wal _ pick bracWs
_ moved (Vocly dap wood sting It spedy or specdry cow
h+ldry lass stQrrg t~ooruEnsrtes: Chlmns a:
` P+'SE" -synhaic y
stories: SWAP odw si ~ prtnary e,vuKe h r
f ~ sp" I (F•t yR 4Ke4 PotcMa: -dmk
lpE PrWAq entrance ` aorta (zperty macerm"
p4maryonances
Casalructlon __spodysofbays = wsl awwmma
Isms spedy WSiEAY ererarion __.kh sidekhts exlerta (V" ptaoenwn)
sa/d brick (sPadllr odor) _ $W roof
sPd° WN stone (spe*Clo) *wd od brick
st~dyoowr __9 not 6abN ErW Treabtsent: __stae
Pion: same 0 wd aatace wkh C06~ caps
SUM stumotd
sWM Pftft ~s . wood
shingle $P" 01hor
- Closer pan" ~ _ bft plan dm ?m barpabords ' -
(spadky 1 of wam deep) boa o*jmm w'dows
~
Tq1 mplan _ do&"mlmns(spet~ veres
r ' ` svealyookor
ta(wedboa support' : Roof type: 010" plaft
__asrmfetdcafplan
sPsoi%
° Melded t Pisa - ew Aa Mh par"
Foundat(on Yster(als: _ IgAf"*ood b"es OLT" Oulbotidinps:
--pw WW-bmm = "4d s -dame~SSpe* a) (specafy f and w
alone ks&tm bride f➢ sawn Pordk at'ta hipped barn
spsdfy ofer barwd esodk hate r shad _ dad
Exlo&t well surtax: spao'ty DOW "CRY COW
womhoiboord l I,' _ wo ~q string seed sasA Roof M wood MoVies
a: Landscape Features: p"
dsnirasa sash oomposKar 8hing4a _ sidewaft
one
board artd6afl.n s - da"f " - w drMm
ft `cam al metal (spea'h two) _ wW or dsam
ti gardens
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TEXAS HISTORIC SITES INVENTORY FORM
* COMMERCIAL PROPERTY FORM r/r'o
County. Site it USGS Ouad e ff
City/Rural Dale: Factual Est. Additarw.
Ffslo:fC Name Archilect/Builder
Address Contractor
Owner Historic Use
Legal Deso Present Use
Property Type Subtype Stylistic Influence
kllegrlty d: 0 10catgn O design 0 setting O materials 0 workmanship O association (3 feeling
Hafory of Property
Areas of Sigr>i roance (include justification)
B bkWaPhy (''mksde oral histories)
eyor DateSurveyed
Photo Data: PA*Frame through RoIVFrame Slides
Designations: NR RTHL -NABS ______Local ----Other tncr.t.srl
P~ rtnl~vn ~ta+Eryr 4 Yr~'»n D~'Md nr ~iY.
OESCf11PTFON OF BUILCING: asymmeltcaly arwgw - wuussots
cast iron peas brs _ woos sash
Loeetltxt: - laed sash display whdows mil
rs+rn sash
ont'snal brow dry sash meld casement whdo"
frnovew (spadty dace) double eddoor Bray (fib Wit ow5waeon)
w1smv laces (WSW
recessed W09 entry (specly a of doors
Slotfea: ",2, stairway door (spec)y plammmo ) speu~y ether
specey t (tut etT transom (speaty vktbte or ommed) Parapet:
karr,ectlon: wood corbeled brlrlam k
slid brick (speak cdor) _ mew decorative wkkwwk
serd stns ( rod s _ rmtd tartan
rah wppw - brick Worms
Plerc veal braced _
ap" oe+m - P MAN
open p+n specry cow Rear Elevadort: - date w4 name Ispo*)
EtAwk Ovalle: on
&ley baft dock
Roof:
stwa fspe* type) Ioadhl door hipped foot
s o- _ wtWoas 9" nod Wrod
or,"* sb'anl sP"cow (pecify meows)
red bft Upper floor.
Duel Wd ` aped ly t of bays Wmnays a lkrea
- Po9 dnff slo Wkk _ symmeticaty ana vw _ specula otw
_ 1owoo "v - oo~tt mar nentaoon rnvnetrlcaty arta pled Other whdows: party veal oonsaucticn Yy t
Ground floor: -->~P^adh 64"
_ _ sPecb a of bays hood mrdned
rratnet k * wtwo d hood
sy
Ihbls~~
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i
Address Identrlication Exterior Dale PtwlographcReference Ste
tide rb.
R br<y lisfk Influence Materials FU IFrame
K M L Street Number and Name C E rJ) ProparY Type Subtype SIY Nlood to 1905 P37 167
X 301 NCeder 00mestk 2-Boom
X 303NCedar 0omesliic Center•Passage 1NOOd ca 1905 16B
3D4 N Oomesik ugabw Mod ca 1935 155
Syn Siding ca 1430 leg
309 N Cedar Domestic 2•Fi00m
X 100 Dornes9c Cenler•Passage Mood 1909 A 2 151
Bugabw YVWd Ca 1950 :157
X 107 SynSlding ca 1910 420A 156
X 113 S OOmeslk 2-Roan 150
X Domestic Stone ce1940 232
% 110 rry DOmeslic nter•Passage 0assical Revival wood ca 1910 318 726,27 3 0 1
Syn Siding ca 1905 5:18
X Rd • Domestic Camer•Passage
080
% 004 SVkVs Rd Oomesfic wood ca 1920 5:19
X 200 est Domesllc Bungalow Syn ding 081935 I6A 056
X 205 esl Domestic Bungalow Syn suing ca 1935 4:5A 056
056
VWod
207 Cast Domestic 2-Hoorn ce 1900
Domestic 2-Room Wood Cat9f0 3 38
X 104 Mn 019
X 200 I>ort+esfic Bugabw Craflsman Mod ca 1930 3
3-7 8
018
X 204 FjM nestir Bungalow Craftsman gz 1910 3:6 017
X 210 Yn Domestic Bungalow
' ic Bungalow yvbpd ca 1915 5:11 026
X 210I Elm Grove Ln.
x 122 OAh Domestic Bungalow panishC0lon191Rev Stucco 081935 f:9A 057
X 208 0(th Dortroslk VVOOd ca 1935 I:tOA
3DDS 00104h m011k 2• YYbOd a 1915 4.12A 000
11ic flodL• n Wood ca 1900 4 12A a
Or1h m011k Anle1• a11ng0 alsk;n1 rlevlvnl Co 1915 I:13A 061
5P WW- monk urge w to 14
orlpq mlatic 1J1g1 w yn lokrg ca 141 1 3 063
l ath institutional 1101 106A ca 1905 5 2 ?
X 710 alh r Ik 2•Roan Wood Ca 1900 53
050
X 100 Houston cial Lumberyard stucco to 1920 1:7A
pomosw Bungalow Wood c81910 11A 051 ?
X 20111pust0A WbOd ca 1935 6:7 ' i
X 11135 npess Rd • moslk alow , i
% t01 Jack Nays Pat ( 2770) Ik 2-Room yn idinp ca 1900 1.2A
tAUOd ca 1920 2:25 1 u i
X 400Jadr Hays raa (RM2770► Domestic @ungalow ansman /9
X 108 LAy ppmostk Bungalow Casskal llevivat yn Sdirg Ca 1910 2',26
clay Block ca 1925 4:1A
X 108 Ulr tlva k Comocial warehouse
04
Domestc 2•ROOm Wood -ca t915 335 9.18A,19A 2
% 2" Me 00k Q„nr;n AreK Wood Fa IB95 3:11 9:1 2
Ca 1900 326 825,26 2 15
Lxx JOB LNe Oak Donvstlc L tan
Ovnx tc 1 Thin Wow
N LOOP 4
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HISTORIC SITES INVENTORY FORM lu-
COMMERCIALJI\STITUTIONAL PROPERTY 0' -A
County Hays Sle ft: 117 USGS Ovad or 3097.221
CtytRuraf Buda Date: Factual 1698 Est 1961WAdlns 1901
n f toorfo Name Buda Mercanble Company Building ArchaectBudder Unknown
Address 20014 Main Contractor
Owner Carl R. Chen Historic Use General Slore/Dry Goods
Legal Desc Pt of Lot 5 & Lot 6 Btk 3 Original town of Buda Present Use Antique Store
ProFerfy Type Commercial Subtype 1•Pan Commeroai Sg4sDC Int
fnreghlyof Waroon X design X selling X mafenals X workmanship X assocalron feeling X
Msfory of Property Lots 5 & 6 sold to W W Haupt by C W Darnel in 1862: Later sold to Buda Mercantle Co in 1898
Built in 1698 aM expanded in 1901. Lots 3,4.5 b6 solo to W, S Birdwell by Buda Mercantile Co in 1914
Store dosed in late 19305
Areas of Significance : Architecture Ths noteworthy 1 •parl commercial block is an outstanding example of
19th century vernacular masonry construction. It is the oldest extant commercial building in Buda.
It leatures 6 entry bays highlighted by dressed stone voussoirs and keystone.
9bliography(incllude orathWories) HCOR Book R, pp. 319-2t; HCOR Vol 59 p 268, HCOR Vol 85. pp 252.53
Onion Creek Free Press. Oct 3. 1981;
Surveyor Newtan Dafe Surveyed 11121/91
Photo Data Ro&Frame 1:16A 89.10 Slides 3
Designations' NR RTNL NABS Local Other
PRJORITY. High X Medium Low
Location double-door entry _ metal casement wm0ows
X original location X nunipie-docr entry (tight configuration)
moved (specify date) recessed centrat entry (a of doors) _ specify other
SE budding laces (N/"?+" stairway door (specify placement) Parapet
Stofias transom (specify visible or covered) 3 (specify # of pans)
1 specify 0 (1.2) canopy corbetredbnckwork
Construction wood decorative bmkwork
frame metal _ metal letters
sold brick (specify color) = rod sa pWed brick letters
1] X sold stone (seam) chain supported X fxessed-metal cornice
specify other wall brand painted detailing
Plan ! specify other X date and nano I1898 d 19011
X open plan near Elevation specify other
specify -9zterfor o Wells loading dock Roof hippedrout
X stone (lrrteslone) X loading door gable tool
_ stucco X windows X flat root
{ synthetic siding x skVladoor entry swily materials if known
red brick specify 000
Dull brick Upper Floor chimneys or fires
specify a of bays X specify aver
polychromatic brick
_ wood sidling symrolrically arranged
terra colts ornamentation _ asymmetrically arranged Other
X party well construction windows 6 round arch double4oor
6' specfy cow specify I entrances wt transom on SE
Trod Floor flat-arched elevation
6 specify 0 of bays segmentally arched each arch loomed by voussors
X_ symrrbtricaly arranged round-arched and keystone
_ asyrrmvtcaay arranged nooo trnidvga 3 stepped parapets
cast Iron pilaster finials loading doors on WSW and
rood sash display wkWm voumirs NW elevations
alurnil um sash wood sash
X sngte4oor entry , aLoirxirn sash
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1
Protect Photograaher Date Film T pe Ro No._
El'!) Nov. 1991 Plus > i f 9 o f
ra U ite
came View Facing Quad No.,
loo. NamdAddress
310 am E blique W 3047•l~i 103
?p
3A 306 ain Oblique 3097-22 1 104
ique - 1
lique N 3097- 21 1
Ob
l blique N 3097-221 i
7A ! Oblique N 3097-221 108
EM&i
l Main ol~que N 3 221 109
evaUOn 1 l
1 lain
l Maio Elevation 3 221 l1l
ll l08 all E evatzan 3097.221 112
1 ill Main ique 3097.221 113
1 A t!6 N ique 22! Il4
ain
l4 b k am yew t l l
E ique W - 21 116
t 11120 gain
Oblique N -221 117
l6A 200 N Main
17 2l0 N Main blique N 3097- 21 118
blique 097.221 Ii9
18A 21. 2 Main
is Fi! -2 1 120
evaUOn
A 14 ain
2l6 Ma E Elevation 3 •221 121
in
21 2l$ Mam Ilevauon 3097.221 122
222 all Oblique 047.221 123
221 124
ain bhque N 3
i
bisque 3097-221 12
24A 306 N ain 3097.221 12
blk am Obliq
yitq~ • 2l 127
ain l !
k Main 061 ique 17: 97
III
bisque - L 1
29A 400 blk N Main
usd n ique I l
usan ique - 21 ! 1 il -w ! an ancos ique 2
i an ncos ique E 3~T •2
111 an areos bliquo 3 2 1
I
ique
u
1 roa ique - 1 1 .
tva ique .
} G
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_ J t
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LEGEND ..WL17
PRESERVATION PRIORITY 'J-
HIGH PRIORITY
Q MEDIUM PRIORITY
❑ LOW PRIORITY
fl4 - /
SAN ANTONIO ST.
/ till L102
/ f
L4f Sr 017 1819 Q 129
1 k87 1281
f
QSH Sr 022 3 * 127 l
/ O o4 •12
35 /
♦ I2;i CHERRY
/ 65 250
124 I
i' 123
100 1211
9 X49 834 Q 'S~ O I{80 1202
40 1191
co" 4 41 117 1
98 116 j
81 v~ 97 115
2 A 11 114
11 4 2089 f q4 ST 11111/ I Oy ROSE
110
/ X088 96 109 % ~0
~I cy~Nq s O ~ 4 108
/ 0 O hp(IgT
OM
94 107
2
/ 082 Jy 4106 /
% 930 v 0 105
2 920 05.1 /
j 1L ( R.M. 2770)
aP
aP~S o %
1 ~ PGA ~ 104
/
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1:iJrPJ 16:07 ap6175665:36 CITY OF D \ll
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REQUEST FOR FUNDING
CERTIFIED LOCAL GOVERNMENT SUBCRANTS ~2p~JJ~
(PART 1)
Deadline for euba;feeion is 15 December 1993.
CSRTIFIBD LOCAL GOVERNMENT; Denton
DATE CERTIFIED LOCAL GOVERNMENT GRANTED: 1989
ATITHORIZED CONTAOT: Jane Dilea
POSITION: Hain Street Hanagcr
ADDRESS: 100 West Oak, Suite 204
TELEPHONE. 817-588-8529
CHAIR OF LOCAL REVIEW COMMISSION: Judith Abbott
A.DDRSSS: 100 Nest Oak, Sulte 310
TBLBPI LONE: 817-500-7557
PROJECT DESCRIPTION: If funding Is requested for mliltiPle projects, pit-age
list them in priority order,
PROJECT TITLEIS):
1. Inventory of Properties built before 1945
2. Attend Lhe 1994 CLG Conference
PROPOSED GRANT AMOUNT: Plrnse attach completed budget workshects for
each Project.
ESTIMATED TOTAL PROJECT COST: $25,000.00
TOTAL AMOUNT REQUESTED: $12,500.00
SOURCES OF MATCpINU
FUNDING: DATE AVAILABLE AMOUNT
CiLy of Denton January 1999
$12,500,00
TOTAL MATCH PRES13NTLY SECURBD: 0
ADDITIONAL MATCH ANTICIPATED: $12,500.00
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I:~IJFJ 1x:0.9 'fSP51i5699?J6 l'ITV OF DE TOX
T`S rouuJ
PROJECT PROFESSIONAL: Please provide the following information for
professionals supervising proposed projects. If applicable, provide names of
contract prolesslonals involved in proposed activities.
NAME OF PROFESSIONAL CITY STAFF MEMBER: Jana Biles
POSITION/TITLE: Hain Street Manager
ADDRESS: 100 West Oak, Suite 201
TELEPHONE: 817-566-8529
NAME UY CUNTRAUl' PROVESSIUNAL: Not yet hired
T'1TLls':
ADDRESS:
TELEPHONE:
AIMCiPATRI) PRODUCTS OR PROJECT; Briefly list the final products of the
{ project, such an survny and inventory of historic: nr archeological sites,
National Register rwminationc, historic preservation plans, etc.
Inventory of All Properties constructed prior to 1915
APPLICANT'S CERTIFICATION: Picase print or type.
J, Jane.. Biler, as Applicant or legal representative of the Applicant, City of
Denton, do certify that I have read the Application Manual for E ubgranta to
Certified Local ^,overnments, and will abide by the ruler. regulations, policies
and procedures contained therein as a condition of allocation by the Texas
Historical Commission of a Certified Local Government Grart.
SIGNED
DATE
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PROJECT PRppOSA1• tl - CLG GRAN'1 (FY 19941
bESCRIPTI" OF PROJECT
-1.94..
airefor P.
In+~gn orv all QtArnn~, inventory and c,.taloIIUe all
built prior to 1945• Tha Texas
This project would identify would have
strue.ures in Denton that Denton for this
Historical Commission estimates The cost pofessional to
approximately 2,300 such properties-
a hiring a contra ct IO.00/property
pro.iect+ lneluding is computed at S
catalogue the inventory,
have ralepcrertieadya been identic~cdthc
Approximately 183 struotures roperties, and dl
w In 1989+ 41 downtown p were survey r
(Approximately
soave ay Dlatrict contains 88 p
Oak-,tCkory Historic
downtown survey or
25rofthoaeadt areiincludedsei1 cal ther inntherk5•
the Oak-iiiekory Historic District•1 the lees obvious
ect will identify stock we this It is hoped thar~hitecturally sitniticant building we
historic and We have already identified the obvious;
have in Renton , eyed because they
might be cndang
inventory will serve a$ the
need now look to thOAe that i
, j
have not been identified. This
hi
base for a ComPrehensive sl•nriual survey
2, WALS responsible land use
i
a. To promote sensitive design,
management, and preservation of historical resources.
and promote public awareness or
b• To educate the community
architectural resources, histo
To ric and potentially
c, identify and inventory
historic sites in Denton. hfatorie
for add itional
the potential
d• To identify
districts in Denton,
in Denton development of additional
e, To promote interest
historic districts
a nrt for preservation issues.
f, To devciop widespread sti'BP
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3. PROJECT PERSONNEL
a. Jane Hiles, Main Street Manager/Preservation Officer
b. Donna Balker, P'.ynning Technician
0. Frank Robbins, Executive Director of Planning and
Development
d. Judith Abbott, Chairman of HimLoric Landmark Commisslon,
and other commissioners as assigned
e. Contract professional (as yet to be identifiEd) to
f conduct the actual inventory
4. LINE ITEM BUDGET
See attached budget and worksheet.
S. PROPOSED START AND END DATES
The proposed project will begin in the spring of 1994 and be
i completed by September 1995.
6. OUTLINE OF ANTICIPATED FUTURE PHASES OF WORK
It is anticipated Lhat this will be the first step in what we
hope to develop as a comprehensive historical survey.
i.
I 7. PLANS FOR THE USE OF THE MATERIAL GENERATED HY THE PROJECT
A. Identification of eligible structures
b. Promotion and development of additional historic
districts
0. Stimulate interest. in local, state and naLlunal landmark
designation for eligible structures
d. Libraries in Denton
` i
e. Denton County Historical Museum
f. Denton Chamber of Coma,erce
Denton Convention and Visitors Bureau
f. Architects and historians in Denton
.
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BUDGET
( (PART I I) ?.b O 3b
PROPOSED PROJECT: Tnventory all properties built before 1945
CASHs $23,000.00
inventory all prope.-tlea 123,000.00
built before 1945
TOTAL CASH: $23,000.00
IN RIND: $ 500.00
Hain Street Manager:
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30 hru 4 $18.68/hour $ 500.00
TOTAL IN-KIND: $ 500.00
TOTAL COST OF PROJECTS $239500.00
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BUDGET - ~ I' ` - 1..
(PART II) Z7dt.3b
PROPOSED PROJECT: Attend the 1994 CLO Conference workshop
CASH.- $1,500.00
Airfare
6250.00 X 4 41,000.00
Hotel
$75.00/day X 4 $ 300.00
Meals
S25/day X 2 X 4 t 200.00
TOTAL CASH: $1,600.00
i
TOTAL COST OF PROJECT: $1,500.00
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PROJECT 1 IDENTIFICATION SURVEY OF PROPERTIES BUILT BEFORE 1915`
280
CFBTIFIED LOCAL OOYERNMENT APPLICATION
BUDGET WORKSHEET
(PAST Iii)
ITFX GRANT CLO CLG TOTAL
FUNDS CASH IN-KIND FUNDS
Survey
Consultant tees, $11,750.00 $11,250.01 $23,000.00
photograpb9,
other supplies
Supervison
Main Street Up,
(30 hours at
516.66/hour) 500,00 500.09
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TOTALS $11,750.00 $11,250.00 500.00 $23,500.00
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PROJECT PROPOSAL 02 - CLG GRANT iFY 1994) Z q BT 30
1. DESCRIPTION Ur PROJECT
Attend the 1994 CLG Conference workshop
2. GbAT,S
a. 'training for the HT.C commissioners and staff
b. Network with other professionals and volunteers regarding
preservation issues and projects
3. PROJECT PERSONNEL
a. Jane Biles, Main Street Manager/Prescrvatian Officer
b. Two commissioners, or other interested parties
e. Representative from Ouilding Inapection Department
4. LINE ITEM BUDGET
See attached budget and worksheet
5. PROPOSED START AND END DATES
The proposed project will start In Aprll 1934 and be completed
by April 1994.
6. OUTLTNE OF ANTICIPATED FUTURE PHASES OF WORK
i A. Increase grant. awards through better application requests
b. Increase statewide awarenesR of projects and resources in
Denton.
7. PLANS FOR USE OF MATERIAL UYNERATED BY TAR PROJECT
a. Share resources with commission and staff
b. Education of community and residents of historic district
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PROJECT 2 ATTENDANCE AT CLO OONFERaCE
~o s >r 3b
CXRT1PIM LOCAL OOVEPJW?IT APPLICATION
MY=FT MOUSHEET
(PART 111)
ITEM GRANT CLG CLO TOTAL
FUNDS CASH IN-KIND FUNDS
Airfare 500.00 500.00
$
E250 x 4 1,000.00
Hotel 160.00 150.00
f =75/day x 4 300.00
Meals 100400 100.00
f25/day x 2 x 4 = 200,00
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950.00 750.00 ;1,600.00
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94t417
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STANDARDS FOR PROFESSIONAL QUALIFICATIONS fro
To insure that appropriate historical, architectural, archeological, and cultural
properties are identified for public benefit through grant-in-aid assistance, the
following minimal professional standards for historical, architectural and
archeological documentation have been established by the Preservation Assistance
Division of the National Park Service. Persons supervising grant pro;ect3 must be
professionally qualified in accordance with 36 CFR 66, as follows:
STANDARDS FOR PROFESSIONAL QUAUFICATIONS: In the following definition, a year
of full-time professional experience need not consist of a continuous year of full-
time work but may be made up of discontinuous periods of full-tide or part-time
work adding up to the equivalent of a year of full-time experience.
(1) HISTORY: The minimum professional qualifications in history are a graduate
degree in history or closely related field; or a bachelor's degree In history or closely
related field plus one of the following:
(a) at least two years of full-time experience in research, writing,
teaching, interpretation or other demonstrable professional activity
with an academic institution, historical organization or agency,
museum, or other professional instituticn; or
(b) substantial contribution through research and publication to the
body of scholarly knowledge in the field of history.
(2) ARCHEOLOGY: The minimum professional qualifications in archeology are a
graduate degree In archeology, anthropology, or closely related field plus;
j (a) at least one year of full-time professional experience or equivalent
specialized training in archeological research, administration or
management;
(b) at least four months of supervised field and analytical experience in
general North American archeology; and,
(c) demonstrated ability to carry research to completion.
In addition to these minimum qualifications, a professional in prehistoric
archeology shall have at least one year of full-time professional experience at a
supervisory level in the study of archeological resources of the prehistoric period. A
professional in historic archeology shall have at least one year of full-time
professional experience at a supervisory level in the study of archeological resources
of the historic period.
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(3) ARcUMCMRAL HISMRY: The minimum professional qualifications in o 3~
architectural history are a graduate degree in architectural history, art history,
historic preservation, or r'osely related field, with couriwork In American
architectural history; or a bachelor's degree in architectural history, art history,
historic preseeervatlon, or closely related field plus one of the following:
(a) at least two years of full-time experience in research, writing, or
teaching in American architectural history or restoration architecture
with an academic institution, historical organization or agency
museum, or other professional institution; or
(b) substantial contribution through research and publication to the
body of scholarly knowledge in the field of American architectural
history.
(4) ARCHtTECtURE: The minimum professional qualifications in architecture are a
professional degree in architecture plus at least two years of full-time professional
experience in architecture; or a State license to practice architecture.
(5) HISMRIC ARCHITECTURE: The minimum professional qualifications in historic
architecture are it professional degree in architecture or a State license to practice
architecture, plus one of the following:
(a) at least one year of graduate study In architectural preservation,
American architectural history, preservation planning, or a closely
related field; or
(b) at least one year of full-time professional experience on historic preservation
projects. Such graduate study or experience shall include detailed investigations of f
historic structures, and preparation of plaits and specifications for preservation
projects.
Y X41
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U.S. OEPARTMENT OF THE INTERIOR
CIVIL RIGHTS ASSURANCE
As the authorized representative of the applicant, I certify that the applicant agrees that, as A
condition to receiving any Federal financial assistanca from the Department of the Interior, it will
comply with all Federal laws relating to nondiscrimination. These laws include but are not limited
to: (a) Title VI of Civil Rights Act of 1964 (42 U.S.C. 2000d•1), which prohibits dscrindnation on the
basis of race, color, or national origin; (b) Section 504 of the Rehabilitation AN 41943, as amended (29
U.S.C. 794), which prohibits discrimination on the basis of handicap;( c)the,igeDiscrimination. Act of
1975, as amended (42 U.S.C. 6101 of seq. ),which prohibits discrimination can the basis of age; and
applicable regulatory requirements to the and that no person in the United States shall, on the
grounds of race, color, national origin, handicap or age, be excluded from participotiorrin, be denied
the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by
the applicant. THE APPLICANT HERESY GIVES ASSURANCE THAT it will Immediately take
any measures necessary to effectuate this agreement.
THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that
have not received or benefitted from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant,
or in the use of any transfer of such property, any transferee, for the period during which the real
property or structure is used for a purpose for which the Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits. If any personal property is so
provided, this assurance shall obligate the Applicant for the period during which it retains ownership
or possession of the property. In all other cases, this assurance shell obligate the Applicant for the
period during which the Federal financial assistance is extended to it by the Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal
grants, loans, contracts, property, discounts or other Federal financial assistance extended after the
f` date hereof to the Applicant by the Department, including installment payments after such date on
I account of applicants for Federal financial Assistance which were approved before such date.
The Applicant recognizes and agrees that such Federal financial assistance will be extended in
reliance on the representatiois and agreements made in this assurance, and that the United States
shall have the right to seek judicial enforcement of this assurance. This assurance Is binding on the
Applicant, its successors, transferees, assignees, and subrecipients And the person whose signature
appears below who is authorised to sign this as ranee on behalf of the Applicant.
SIGNATUMOF TMOWIDCIR IKtA rMt
DATISUIMUTTIO
City OT enton CIC
JKKANJAil NWTTI NMA"OADDAiSS 6JA[AVOROFF+CIIXT1ND$%dAWSTAW1
15 E, Denton, Texas 76201 National Park Service
01.1 DSO
(1111 K a111
r-LO
3y ot-3b
Q. RT t$ TL 'N %ELI.
EYFfVT1 YE OIRECT JR
TEXAS HISTORICAL. C0MMISSI0N
P0. BOA 1Wt, AVSTIV.TE\4S 7011•2776 ITELEPIIOMEI 112 tFAKI b12 463 g05 IRELAYTKII 00.735-1919,TDop
30 March 1994
Honorable Bob Castleberry
City of Denton
215 B. McKinney
Denton, Texas 76201
Dear Mayor Castleberry:
The Texas Historical Commission is pleased to announce the allocation of a $11,735 grant to the
City of Denton in conjunction with your participation in the Certified Lora! Govpmmeat (CLG)
program. The U.S. Department of the Interior, National Park Service, provided funding for this
grant under the provisions of the National Historic Preservation Act of 19:6.
The National Park Service recently approved your Project Proposal to iniGae a survey of historic
resources in your community ($11,135) and travel to the CLO workshop in San Angelo {x600),
To remain eligible for this grant allocation, it is necessary for the project coordinator and the
1 project professional, if applicable, to participate in a grant orientation session. Designed to
familiarize you with the granting process, this session will provide an opportunity to discuss your
project with the Commission staff members responsible for its ooordination. Please note that no
work should begin prior to your grant orientation session and finalization of a written contract
(copy enclosed) between you and the Texas Historical Commission.
Failure to participate in this orientation session and to submit a signed contract before
commencement of work on this project will be cause for this grant allocation to revert to the Texas
Historical Commission for reallocation to another projoct. Upon receipt of this letttsr, please
contact Bnioe Jensen at (512) 463-6046 to arrange the necessary grant orientation session. We
look forwa-d to working with you in this most worthwhile preservation endeavor.
Sincerely,
r
Karl Komatsu Curtis Tu ell
Chairman Executive Director
xc: Hon. Pail Gramm
lion. Lay Bailey Hutchison
Hon. nick Armey
of e State Ajency for 9listoric Preservat ion
i
12 6 qu- C/ 7
ATTACHMENT 3
6-7-9y
city of Denton city council minutes 3Sd
April S, 1994
Page 4
Consensus of Council was to bring the item before Council for
consideration at a future meeting.
The Council returned to item 02.
2. The Council received aCitpoo ,Denton =ldgiscussion and gave
staff direction regarding a
Joseph Portugal, Assistant to the City Manager, presented two
versions of the flag with a blue outline versus a red outline. of the Coa[tnthe necessaCoryuordinancncil was otoradopt suc,ths blue outline and
dr
The Council received a report, held a discussion and gave
staff direction regarding the allocation of hotoccupancy 1ax
funds to match Certified Local Governments Program
award. (The Historic Landmark Commission recommended approval.)
Frank Robbins, Executive Director for Planning and Development,
stated that the Historic Landmark Commission had found a way to matchi move forward with historic preservation in Denton which thngs i th
hotel/motel occupancy tax, the fifty percent grant suggested that
had already authorized for the City. The State had a survey be done of the historic structures in the ityproj ere
would be no effect on the city property axp Y
The Historic the Landmark Commission recommended that the survey be
funds as indicated.
done and use
Mayor Castleberry asked if the work would be done by a professional
outside source.
Robbins replied correct.
Council Member Perry asked how each property would be surveyed.
Robbins replied that the surveyors would notice those structures.
Council Member Perry asked horn an individual would have a building
looked at by the group.
Judith Abbott, Chair-Historic Landmark Commission, stated that the set
surveyor would drive up and down tee and treat compare and itu with the
criteria would examine every
criteria. A report would be prepared on those structures which met
the standards.
e
Y
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t:
CityY of Denton City council minutes 6 ~~-9y
April 5, 199 3 66 ~'36
Page 5
City Manager Harrell stated that a notice could be prepared so that
residents would know what was happening.
Mayor Castleberry stated that it a structure was in the survey, it
would not obligate the property owner to designate it as a historic
landmark.
Robbins replied correct.
Council Kember Chew stated that he had a concern regarding the use
of the hotel/motel funds. He asked if there would be any more
requests for the use of those funds before Council looked at the
contracts for the various organizations.
City Manager Harrell stated that this was the first request to use
the reserve funds and it was not likely that there would be many
requests.
closerltheep ssibility of losing some of thday ese historic buildings.
Thor* was a need to bring the project together.
Council Member Chew stated that he was not against the project. He
felt that the request should have waited until the Council had
looked at the contracts.
City Manager Harrell stated that this program had acquired a SO
state grant so that it would only cost $11,000. If the City
deferred the money, it might loss the funding.
LJ Consensus of the Council was to proceed with the project.
5. The Council received a report, held a discussion and gave
staff direction regarding Denton County Judge Jeff Moseley's
request for a response regarding board membership on the upper
Trinity Regional Hater District.
Due to a time constraint, this item was considered during the
Regular session under Miscellaneous Matters from the City Manager.
The council convened into the Regular Meeting on Tuesday, April 5,
1994 at 7tOO p.m. in the Council Chambers.
PRESENT) Mayor Castleberry) Mayor Pro Ten Smith) Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENTi None
~C ITY~-~=
COUNCI
o• ei
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e ~
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41
A en4altem
94TF: 06-07-94
CITY COUNCIL REPORT FORMAT r % OT/ b
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJ: Approval of a resolution authorizing the city manager to sign and submit to the
Department of Housing and Urban Development a Combined Final Statement
of Community Development Objectives and Projected Use of Funds and
HOME Program Description.
RF,COMMENDATION:
The Community Development Advisory Committee recommends approval of their
original recommendations included in the Combined Final Statement and HOME
program description (both options). Tl:e Human Services Committee recommends
approval of their original recommendations included in the Combined Final
Statement and HOME program description (Option 1). Please note that HSC has
not met to consider alternate recommendations.
BACKGROUND:
At the May 17 council meeting, council member Jack Miller proposed a change
to the Human Services Committee recommendations. Mr. Miller proposed that
the $41,500 in CDBG funds recommended by HSC for transportation services
come instead from general fund sources. General fund sources for transportation
would include $25,000 in-kind staff time and a $25,799 increase in the general
fund allocation for transportation. This increase will bring the total general fund
transportation allocation to $82,625.
CDBG funds then made available would be used as follows: $13,000 to Friends
of the Family to bring their total allocation to last year's amount of $33,000;
$5,000 to North Texas Community Clinics to bring their total allocation to last
year's amount of $35,000; $20,000 to TWU Cares for indigent health and dental
care services; $3,500 to be replaced in the PARD programs as the department
deems appropriate. The Parks and Recreation Department has recommended that
the $3,500 be divided evenly between the King's Kids and Owsley summer
playground programs.
In order to maintain the appropriate level of funding from each source (CDBG and
general funds), council member Miller a1M suggested that funding for United
Way-Owsley be split, $16,000 from CDBG and $17,000 from the general fund.
This split allocates $150,000 from each source for a total human services budget
of $300,000.
SUMMARY:
The human services recommendation sheet shows both options. Option 1 is the
original Combined Final Statement and HOME Program Description as HSC
and CDAC originally recommended. The following four pages show the changes
1
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~eli%~i11),
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to the Combined Final Statement that would incorporate 'council Lem r >n is
proposal into the document. This is Option 2. .`~dt/ocn
Council will need to adopt a Combined Final Statement of Community
Development Objectives and Projected Use of Funds and HOME Program
Description and then approve the resolution authorizing the city manager to sign
and submit the application to HUD.
PROGRAMS. DEPARTMENTS OR GROUPS AFFE(MD:
Beneficiaries of various social service programs.
Denton County Friends of the Family t
North Texas Community Clinics
TWU Cams {
Parks and Recreation Staff
Community Development Staff
j
FISCAL IMPACT;
The source of funding for all projects and programs approved in the Combined
F"wal Statement and HOA1E Program Description is Federal Community
Development Block Grant and HOME program funding.
Approval of Option 1 will not require an increase in the general fund
transportation allocation.
Approval of Option 2 will require an additional general fund allocation of $25,799
for transportation services.
Res4dv. ly submitted:
Llo Hanell
City Manager
Prepared by:
Barbara Ross
Community Development Administrator
Ap roved:
1 rank Ro ins, AICP
'bb -
Executive Director for canning & Development
2
~ j
1994 HUMAN SERVICES FUNDING RECOMMENDATIONS
OPTION OPTION
AGENCY REQUEST I 2
- -
$ 7,500
AlDenton, Inc. $ 330
Community Food Center $ 3,200 $ 3,500 $ 2,000
Denton Christian Preschool $ 2,053 $ 2,000 $ 2100)
Denton City-County $ 21,000 $ 21,000 $ 35,000
Fred Moore Child Care $ 35,000 $ 35,000
Friends of the Family $ 36,000 $ 20,000 $ 33,000
' ~ ~ •t
HOPE, Inc. (Trans. Housing) $ 25,000
$ 5,00
HOPE, Inc. (30-90 Day Prig.) $ 51000 $ 5'000
NCI
North Texas Comm. Clinic $ 145,000 30,000 'SIP
~"+.Y ekK f
(MLK ASAS) $ 24000•' a~,riyy
y x
Parks
Parks (King's Kids) $ 18,058
Parks (ASAS) $ 13,000 * z a$, S%wrf
Parks (O vsley Stunner) $ 15,218
$ 7,500~
RSVP $ 7,650 $ 7„`,00
i . i n r 4y
SPAN (transportation) $ 42,000$." 4,►'s
$ 26,000 $ 26,000 < $ 26,000
~ SPAN (sen ices)
i TWU Cares $ 30,000
k
United Way (Owsley Services) $ 43,200 i'. 33AOb
$ 17,000
United Way (Osley Services)
! $ 150,000 $ 150,000
CDBO (sluided)
$ 1'50,000 $ 150,000
General Fund
$ 300.000 $ 300,000
Total Funding
1
_ / 7
- -!-'0
1994 HUMAN SERVICES FUNDINU RECOMMENDATIONS
mw~
OPTION OPTION
AGENCY REQUEST 1 2
?
7,500 $ .7,504 ::7+ is
AlDenton, Inc. 3,500
Conununity Food Center $ 3,200 $ 3,500 ~ 2 ~
Denton Christian Preschool $ 2,053 $ 2,000 $ 21,000
Denton City-Camty $ 21,000 $ 21,000 $ 35,000
Fred Moore Child Care $ 35,000 $ 35,000 33 ~
Friends of the Family $ 36,000 $ 20,000 $ F
HOPE, Inc. (Trans. Housing) $ 25,000 $ Opel, $ ; 000 $ 5,000
HOPE, Inc. (30-90 Day Prog.) $ 5,000 5, a $ y a ~ ~
North Texas Comm. Clinic $ 145,000 $ 30,000
Parks (MLK ASAS) $ 24,000
I
y 7
E F: r H
Parks (King's Kids) $ 18,058 i CIO,
Parks (ASAS) S 13,000 Parks (Owsley Summer) $ 15,218
7,500
RSVP $ 7,650 $ 7,500 $
5 ` A1,5 s',
$ 42,000
. SPAN (transportation)
$ 26,000 $ 26,000 $ 26,000
SPAN (services)
` zo,or
j TWU Cares $ 30,000 y
a • # , « S , .33,090 ~ 1 ~ , • , i6~U01~
United Way (Owsley Senices) $ 43200
$ 17,000
4 United Way (Owsley Services)
a CDBG (shaded) $ 150,000 $ 150,000
$ 150,000 $ 150,000
General Fund
$ 300,000 $ 300,000
Total Funding
i
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OPTION 1
COMBINED FINAL STATEMENT OF COMMUNITY DEVELOPMENT
OBJECTIVES AND PROJECTED USE OF FUNDS
AND HOME PROGRAM DESCRIPTION
199495
)?'RC]Ilr1 G"f Iyel )N' ~r" HOMEBUYER ASSISTANCE OWSLEY COMMUNITY CEN., en CHAMBERS STREET DRAINAGE
PROGRAM
Sri i
~4,p on9M N1.11 N TVy .111.
.
AaYysr Acquisition Public Facilities and Improvements Public Facilities and Improvements
a
City of Denton, Community City of Dentcm City of Denton
Development office
ty~ 201 (a) / 208 (a) (3) 201 (c) / 208 (a) (1) (i) 201 (c) 1208 (a) (1) (i)
a;..r k C 3 r
Mi. Sbkk CiEl CDBG $105,702 CDBG $26,000 CDBG $140,000
a i a HOME $ 44,298
a^~°
R w "R Continuation of a city-wide HomebuYer Acquisition of property for construction Install inlets and underground storm i
Iy rE ' r Assistance Program to provide of the Owsley Addition Community sewer on Chambers and Hill streem
r ; 'gip y # assistance to first-time [amebuyersOffice and Community Curter. Center Install concrete rip rap and regrade
Assistance can include payment of will house various social service existing drainage south of Smith street
t s k V_ ~ ~p a closing casts and 1/2 of the minimum providers working fee the neighborhood. The Engineering and Transponation
~~t down payment. A maximum of Current services requiring additional Department will design the drainage r"
$15,000 can be provided to very low space such as GED prep classes, ESL, system and the construction I toject will
` income households to buy down the computer and children's after school be bid out through the City.
. ? aw r interest rate ur reduce the cost of the programs will be housed at the Center. 1f.
`rP,' W ~t rr unit. Owners will always pay at least sA The Police Department will maintain the
of the minimum down payment. Homes center.
A M ri must be within the city limits of Denton
and costs no more than $62,500.
J7 ~ ~~iT
R To provide affordable ttaning for low Improvement of public service provision To upgrade irtfrastnxture, -and m
r ( x k and moderate income households. for low and moderate interne improve neighborhoods in the targeted
:Yk
o
hotsetalds. Also, upgrade and stabilize area, i
the neighborhood. k A t
per' City of Denton, all census tracts S/ki Comer of Bonnie Brae and Area around intersection of Chambers k
t Charlotte SUN L CT 209, BG 1, and Hill Streets. CT 212.
Program provides 100% benefit to low Area is 93.3% low/moderate income. 40 hombolds sill benefit Area is -C
and very low income families. 75% low/moderate income.
ge o
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1994-95
gClt , +ti MK&T RAILROAD CULVERT CHAMBERS, BOARDWALK, PARK SPAN VEHICLE
a~,aV~a f.o~-, IMPROVEMENTS LANE, SIMMONS ST. REPAVE
kg£r(,~x ; Public Facilities and Improvements Public Facilities and Improvements Public Facilities and [mprovetnents
T~ City of Denton City of Denton
~ r City of Denton j
.V': t" d3t
201 (c) 208 (a) (1) (i) 201 (c) / 208 (a) 0) (i) 201 (c) 1208 (a) (2) (i) (B)
i r~T■yl~l ' "x
>I C { CDBO $12,600 CDBG $35,583 CDBO $14,140
i u' r , > Remove concrete culvert and a portion Provision of a heater/scarificatiotV Provision of a portion of the funding
I 4 raj )r $ .a of old railroad bed where Pecan Creek overlay for the entire length of these needed to acgaire two lift-equipped
Tributary #4 crosses under the old four streets. Project will have a total of vehicles to be used for the public t
MK&T railroad. Replace with concrete 10,167 St'. Base failure will be transportation system. CDBG funds
charnel section. The Engineering & corrected prior to the overlay. Project will leverage 80% Federal f
Transportation Department will design will be caned out by the Engineering & Transportation and 1 dollars.3% State
the improvements and the construction Transportation Department TrayspoTta a.
of Ff will be bid out through the City. alt
To upgrade infrastructure, stabilize and To upgrade infrastructure, stabilize and To improve public transportation and
g r improve neighborhoods in the targeted improve neighborhoods in the targeted provision of transportation services to
a as ~3' area. area. low and moderate income person. ,s
'rY 3 ` k`fi Pecan Creek north of Robertson and Chambers, Boardwalk, Park Lane and Trarsportation services provided city-
,
•~i ~ .,fit "»~a east of Maddox greets. ("i' 212. Simmons Streets CT 212. Wide. w
r:
1,, 1 g to'. M Several properties in the area will be Approximately 590 individuals live in Sixty nhx percent (69%) of total trolley
l if 4011<
>+'ry, removed from the floodpiain and the immediate area. Area is 75% low stops are in the CDBO targeted area. A
fl odway. Area is 75% low/moderate and moderate income. survey ►ctad last year indicated that i
income over 73% of both public and demand
respowe riders on the SPAN system t
3r~ were within low t) moderate Income
levels. The survey was approved by the i 1 S
x
Department of Housing and Urban
r r$~ Development.
Page 2 of 10
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I 1994-95
AMERICAN LEGION RENOVATION DENIA PLAYGROUND MLK PLAYGROUND
x IMPROVEMENTS IMPROVEMENTS
rr~arrr•sa_ru~~
t
„ K r~ x 'a Public Facilities and Improvements Public Facilities and Improvements Public Facilities and Improvements
ell
„n vY
+(r City of Denton City of Denton City of Denton
201 (c) / 208 (a) (i) 201 (c) 1209 (a) (1) r) 201 (c) / 208 (a) (I) (i)
i
I Y~f CF CDBG $100,000 CDBG $15,000 CDBG $10,400
,
Renovation and upgrade of the Purchase and installation of new Project will involve purchase and
American Legion Building (owned by playground equipment. Project will ingtlla6on of safety fences around
a= City of Denton) including the following: include installation of resilient surfacing outside ground air conditioning units
z"rA; foundation leveling; electrical and as required in the ADA. one area power light and two security
plumbing upgrade; installation of new playgrax,d lights.
HVAC system, roof, and windows; and
the kitchen area will be renovated r
ill Improvement of public faciliGw and Improvement of public facilities and improvement of public facilities and r
x w r( 4 provision of recreational opportunities to provision of recreation opportunities to provision of rectwdotuak oppafitnides to , `M
persons in low and moderate income ]arsons in the targeted areas persons in the targeted areas q'
t',rarn xd areas
dr
_ l t i
t" ~ F Co r2of Lakey and Wilson streets 1001 Patvin Street CT 208. 1300 Wilson Street. Cr 212.
j k ¢l~~ • ° ^
Neighborhood/scmice area is 755 Project will benefit 1,326 low to Service area is 7596 low/moderate ~!~1 +
low/moderate income. moderate income persons. CT 208 is inane. tit
88% low/moderate income. ~A
N
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1994-95
FRED MOORE CHILD CARtE TY DAY NURSERY FAIRIlAVEIV REHABILITATION
kga ` i CENTER RENOVATION UND DRAINAGE
- Public Facilities rnd ]mprovetnent and Improvements Publi: Facilities and Improvements
City of Denton Ciro of Denton
a) (2) (t) (B) 20l (c) / 20d (a) {2) (t) (B)
201 {c) 208 (a) (2) (B)
CDBO 5200000 $22,223 CDBG $14,957
Complete re habilitation including installation of a concrete wan :barrel project will include repairing and
,r replacement of exterior window system, running the length of the playground painting existing kitchen, replacement of
new roof, replace HVAC system, new Burms will be built to diver runoff old shelving and reflacemeut of some ,
e r , k a d electrical service, installad,)n of a fire water to the drain. Entire area will be kitchen equipment items
and shelvins. m, new klictxn equipment ,-egraded and resold. Two trees will be
sprinkler syste
N r , i removed. Ten (10) inch red oaks will !
k< , t5
be planted. Pea gravel will be replaced
~{cc°,+.' y end zv~ on all play areas. ;
1
5
g t y k'~iy k L p
" ( 3. ar » n~~ B fp. t ~ n
Y i
w~ xtn' Improvement of public, facilities and Improvement of public facilities and Improvement of public facilities and
yap S provision of public scrvkes to low and ptovisiotr of public Cervices to low and provfsion of affordable housing and
1 f
moderate income heu~eM~lds moderate in rome hxtseholds provision of public services to love' and
moderate income,
a v r Fred Moors Child Care Center, 821 City County Day Nursery, 1503 Paisley 2400 N. Bell Ave. CT 205.01. ;f
Crosstimbers, CT 212. Street, CC 206.02.
„t' fM r: ul'Y 1~
of residents are low and moderate r~
child re to f~anul el over 519E I Nursery rcAides chd care to cote ittcocne families over 51 Income %
„h, f r lonter provides
J
Page 4 of 10
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1994-95
Q Q~1Y~7 11![I DEMOLITION AND CLEARANCE AIDENTON, R. HOPE TRANSITIONAL HOUSING
i
3 ~ f s y" Clearance Activities Public Services Public Services
01 w~ City of Denton AlDenton, Inc. IIOPF, Inc.
Q
;y 201 (c) / 20a (a) (2) (i) (B) 201 (e) / 208 (a) (2) (i) (A) 201 (e) / 208 (a) (i)
, I P, iol (B)
Y ~9 )yl CDBC3 S65,000 CDBG $7,500 CDBG S18,0J0
7x 1
f~ AA'13 D)ndnuauon of the program to Provision of nutrition and hygiene to Provision of rent, utility, food,
d+;molish and remove vacant, HIV and AIDS diagnosed individuals. transportation and counseling assistance
E a+ ; ~ . a sabstandard structures that contribute to Funds will be used to purchase fcod and to fatnilies who are homeless or
a a') the deterioration of neighborhoods hygiene items available at the nutrition potentially homeless. Families are
Structures slated to be demolished have center. provided assistance over a ate to two
f, yF k?+^a Etta l
been vacant for at (east one year and are year period.
not rehabable. The program may also
a x t~~Y~p ? A" im-luded clean-up of egret nesting places
within a low ixotrk neighborhood.
~ ? ba ~ r : C r + a
4 r Yr ~ TG arrest delesiotale of neithbor!Knods Improvement in the provision of public Provision of services designed to .
f * s ti ~ ~'z~g, F a experiencing spot slum and eliminate services to low and moderate income irxteasse self-sufficiency among low
major health and safety hazards.n the persons income households
city.
C
Areas of spot slum and blight citywide. 121 Pinta Street. Cr 207. 1213 North Locust St, Cr 206.01.
i~
Egret clean-up will be carried out in
cenws tract 212.
rem will benefit a minimum of At least 51 % of persons diagnosed as 100 benefit to low income households. .
loiv/moderate income households. HIV or AIDS positive are presunnted to
be lowJmodetate income.
Page 5 of 10
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1994-95
OPTION 2
()l MLK ASAS KING'S KIDS SUMMER PROGRAM ASAS SCHOLARSHIPS
rgry4 Public Services Public Services Public Services
'r City of Denton City of Denton City of Denton i
3n . 201 (e) ! 209 (a) (2) (i) (B) 201 (e) ! 208 (a) (2) (i) (B) 201 (e) / 208 (a) (2) (1) (B)
L
I g7'F
v~ ~i ~u~4 Mkt
F •"f.J 1' .a 43 KV ~
,at! t CDBG $19,000 CDBG $14,750 CDBG $8,000
A~6N p'zA
Provision of after school care to low Extension of hours to the existing Provision of after school action site
IY() Lx t income children. Program will c,-ntain summer playground program at the scholarships to low and moderate
a special "al-risk" component including Martin Luther King, Jr. Recreation income children. Scholarships are .t
working with parents to encourage Center. This is continuation of the 1994 available to any action site. Moderate
T w ~'a attendance, various structured activities, summer program. Program previously income s<idents will be given a'h
w, g 31
t i» fields trips, etc. ended in July and was held from 9:00 sclv3larshlp, low income students will ;
3~
a.m. to 12:00 noon. CDBG fords will receive a full scholarship.
extend the program through August and
hours from 8:00 a.m. to SW p.m.
4 r pl >9 t ~v.ri ,'I
Provision of 'Improved public services to Improvement of public services Improvement of pubic services'
I' ~ W IxF r'Ar',r low and moderate income families provision to low/moderate inane provision to low/moderate irxrome i, i/ry}
1, a t l'Y'Ax t ',i3i f Q M`$^pk"'Y$ families. _ households
4+s 4y . a. 4
1300 Wilson St., CY 212. 1300 Wilson St., CT 212. At each of nine elementary schools t
throughout the school district. lu
Program Rill provide 100% Program will provide at least 51 % Benefit will be 100% low and mo& to Q
rN of low/moderate incorne benefit. Area is benefit to low and moderate income. income. Area is 93.3% low/modets e
75% low/moderate incorne. Area is 75% low/moderate income. Incorne. 011
' Page 6 of 10 J
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1994-95
PA(~tEG NAM OWSLEY SUMMER PROGRAM PRENATAL CARE PROGRAM RAINBOW CONN1 L"fION
Public Services Public Services Public Services
" - Noah Texas Community Clinics United Way of Denton County
j G C+ty of Denton '
)
fw` 201 (e) / 208 (a) (2) (i) (B) 201 (e) / 209 (a) (2) (i) (B) 201 (e} (208 {%$16.000
~r
u
~ 1 r^ CDBG $11,750 CDBG $33,000 CDBG x
w Provision of a free structured, Provision of preratal care for low payment of fees and other expenses in
k x recreational and educational program for income women f om Denton County. order to allow children living in the
children ages 7-12. The program will CDBG funds wit, be utilized to pay a Owsley Addition to participate in
portion of a sal r for nurse midwife at cultural, educational and recreation
r,K IT r s s provide a safe and supervised Y
fi environment for children in the Owsley the Prenatal (Ionic and an additional programs provided by local agencies
} s ' n' neighborhood during the summer (Azie staff membe,. at the Pediatric Clinic. and the City of Denton. United Way
through August). This continjes to the Prenatal Clinic will act as administrator of funding.
1; r a r.
{ $ Ma % , y W P a * initially pr r ided in 1990.
Cj N x
FN,i~.>J {i r~ o J~J.( N
NH j y~y,
improvement of public service provision Improvement of public services to low Improvement of public services 7¢
t,.
7 tG e1 i~`l to low/moderate income household& and very low income women and provi9on to low/moderate Income
families households Also, to upgrade and
rx ` z
yy
stabilize the neighborhood.
11 1 1 1'.
Comer of Stella St. and Avenue G. Cr Office located at 123 Aner St., Denton Area bounded by Bonnie Brae Ave. on
209, BG 1. Texas Cr 207. the west, Hickory St. on the north,
~aa r Prairie St on the South and Avenue E
q y w,i7 Y, on the east CT 209, BO 1.
Benefit will be 100% low and moderate Projected benefit is 100% to low and Area is 933% low/maiermw inc u C.
will f
k ' income. Area is 93.3% !ow/moderate. very low income. 100% low and of children moderate 6iricotrv~tiho~icsetwo
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1994-95
'RWfwCC 1VAMT1ViJ CARES HOUSING REHABILITATION
a' } Public Services Housing Rehabilitation
E&~~aa f1 TWU Cares City of Denton, Community Development +)Efice
! ' `M 201 (e) J 208 (a) (2) (i) (B) 202 (a) (1) J 208 (a) (3)
1, 51 "11
CDBG $20,000 CDBG $ 17,000 (Program Income)
w > HOME $200,702
of Provision of primary heath care and dental care to low Rehabilitation and reconstruction will be carried out on owner
income medically underserved person Nursing occupied properties throughout b%e city. loan for the rehabilitation
graduates practice and receive clinical experience. work will be provided to low and moderate income families.
z r y i° ; f Funds will be used to purchase supplies and computer Maximum loan under current HOME guidelines for the area on a
n r R x rv ~r: programming services for the health and dental clinics three-bedroom unit is $69,154. This amount reflects the maximum
that can be spent on a reconstruction including demolition and
+ >y relocation costs. Loan assistance Is provided In throe forms: 1)
Y> ~xr deferred forgivable loan - This loan Is available to very low income
homes owners depending on the level of assistance, forgiveness will
take place over a 5 to 15 year prior 2) SO% deferred forgivable
lowV50 % loan - This option is provided to households at or just
under 80% of median income (moderate income cap), and 3) 100% to
' y 5 loan - M loan amount equals the entire casts of the rehabilitation.
Loan is for 10 to 15 year
period at a 3% interest tale. All structures
are brought up to Section 8 Housing Quality Standards and City of
' z
Dental buzIding codes. CDBG funds will be used for only 1
moderate rehabilitation.
> ~r.q Improvement of medical and dental services to low and To bring existing housing into compliance with local building codes,
? } very low income families to upgrade and stabilize neighborhoods
c c.,
4{Ma l~ 1200 E. Hickory St City-Wide
t
: Program provides 100% benefit to low/moderate Program provides 100% benefit to low/moderate income holti
j r > Income families. !
V
s
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1994-95
PRO: ECJr NAMIK ADA COMPLIANCE PROGRAM ADMINISTRATION
r a}
i. Removal of Architectural Barriers Program Adminisu?tion
1 40q, r City of Denton City of Denton, Commwtity Development Office
x
201 (k) J 208 (a) (2) (i) (a) 206 (a) (c)
x
.`k
,rte s CDBG $8,420 CDBG $237,000
HOME $ 50,000
l7<
r Funds will be used to replace or lower four drinking CDBG funds will be used for program management, coordination,
i♦?!I ~(1~N fountains, install handrails at the North Lakes monitoring and evaluation associated with carrying eligible activities
% -11
I-P
~j , Recreation Center entrance. The following will be including : staff salaries, payment of services from some city
~a a done at the Tennis Center: construct a ramp with a departments; office equipment, furniture and supplies; office tent,
' N F mfi 'NO PARKING ZONE' in front of it; paint a 5' maintenance and utilities; board expenses; training, travel, advenNing,
buffer zone by the ramp; provide proper signage and purchase of publications; administration of human services budget and
change entrance hardware. Grab bars will be monitoring of agencies and city departments; administration of the
r } installed in each public access toilet of the library. Homebuyer Assistance, Housing Rehabilitation, Affordable Housing,
't is sa AN' I All improvements will comply with American and Demolition programs; completion of annual environmental review; ;
Disability Act requirements development of the Comprehensive Housing Affordability Strategy i.
(CHAS), Community Development Plan; completion of the Grantee
A r v R~ ~c Performance Report and other required documentation; provision of
£<y , ° wro fair housing services
¢K3. W HOME funds will be used for partial payment of salaries for the
construction project manager and housing inspector positions Some
^t~ tl administration funding will also be used to purchase program supplies. }
N K-2 ~r"3E Improvement of public facilities for disabled persons. y
R Syr' North Lakes Recreation Center, 2001 West Windsor,
CT 204.02; Goldfield Tennis Center, 2005 West g
, Windsor, CT 204.02; Denton Public Library, 502
Oakland St., CT 206.0E
} r s'r
Activities targeted to disabled persons are presumed
#f to have at least a 51% lowpnodera te income benefit.
wewnra~a oar
Page 10 of 10
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1994-95
) RW T NO MILK ASAS KING'S K1US SUMMER PROGRAMS ASAS SCHOLARSHIPS
Public Services Public Services
Public Services
City of Denton
City of Denton City of Canton
201 (e) / 208 (a) (2) (i) (B) 201 (e) 1208 (a) (2) (i) (B)
~ c 201 (e)1208 (a) (2) (r) (B)
$13,000 CDBG $8,000
CDBG $19,000 CDBG
Provision of after school action site exist
Provision of after school care to low Extension hours of playground Program atntghe scholarships to low and moderate
income children. Program will contain summer PIaYB _ are Jr-
a special 'at-risk' component including Ce
Martin L er. Thisris continuuadonr of the 1994 a aiillaole ~to d any action s~ Moderate
working with patents to encourage
tudents wilt be given a 1/2
M M , k « attendance, various structured activities, annmer program. Program previously income s
ended in July and was held from 9:00 scholarship, low income students will
fields trips etc, a.m. to 12:00 noon. CDBG funds will receive a full scholarship,
i r c extend the program through August and
Y a a w wr
hours from 5:00 a.m to 5:00 p.m.
~ r~ 4 P, Y p e
T I^ 3 6~3 ~Y 4 x a2,y` services
to j
Prov{sion of improved public services to l up oment of
to iowJ~moderate income Provision to low/mode te IoM
&~sr r r low and moderate income families. families households. C
co C2
# y 1300 Wilson St., CT 212. At each of nine elementary schools
1300 Wilson St., CF 212. throughout the school district.
`r9
1,
' Program will provide 100% Program will previde at least 51% Benefit t will be 100% low and moderate
. ~ln t a, low rate income befit. Area is bewfi to low and moderate income. income. Area is 93.3% low/moderate
income.
75% low rate income. Area is 75% low/moderate income. V
/moderate
-40 r
Page 6 of 10 0t5
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1994-95
p1t0JCi' N,$~ OWSLEY SUMMER PROGRAM FPublic ANSPORTATION RAINBOW CONNECf10N
y yt ,r Public Services Public Services
iJC:y~x[Tai({r4 kz < City of Denton United Way of Denton C ounty
~■y~ ` 201 (e) J 208 (a) (2) (i) (B) 201 (e) J 208 (a) (i) (B) 201 (e) J 208 (a) (2) (i) (B)
CDBO $10,000 CDBG $41,500 CDBO $33,000
01101 ;Wryx
PubN r~ ; # Provision of a free stnxtured, Funds will be used to leverage State and Payment of fees and other ezpertsts in
recreational and educational program for Federal funds to operate the public order to allow children living in the
children ages 7-12. The program will transit system and the ADA paratmnsit Owsley Addition to participate in
R nq r M
servioe In Denton. It will also be
agencies
used cultural. educadonai safe and rvised environment for chi rc ra in the Owsle to subsidize fares for low and moderate programs provided
by locac
neighborhood during the summer (June income citizens of Denton and the City of Denton United Way :c
Qrrough August). will act as administrator of funding. y.
'rPY t
a Y' ~J+t by
Improvement of public service provision Improvements of Transportation services Improver xnt of public services
t k w p . ` to low/moderate income households to low/moderate income households provision to tow/moderate Income te'
households Also, to upgrade and
stabilize the neighborhood. yc d. c
r 4t'~ ~
Corner of Stella St. and Avenue 0. Cr Services are available citywide Area bounded by Bonrde Brae Ave. on fl c
the west, Hickory St. on the north,
209, BC 1. Prairie St on the South and Avenue B ti
° R r f` z on the east Cr 209, BO I. t
# c.± u rr c
R Benefit will be 100% low and moderate Surveys have indicated that over 75% of Area is 93.3% low/moderate income.
r income. Area is 93.3% lowJmoderate. ridership is low/moderate. 100% of children participating wi11 from t`
x" low and moderate Income households
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1994.95
ADA COMPLLkNCE HOUSING REHABILITATION
rItai~c~ HAMIv ,
+ Removal of Architectural Barriers Housing Rehabilitation
w~
City City of Denton, Community Development Office
r a ` • _ of Denton
^02 (a) U) 1208 (a) (3)
201 (k) J 208 (a) (2) (i) (A) `
CDBG $ 17.000 (Program Income)
j•~1 { CDBG $8,420 HOME $200,702
_000.
Punds will be used to replace or lower four drinking Rehabilitation and reconstruction will be carded out the owner
n x occu ed properties throughout the city. Loans for the !ehabilitation
fountains install handrails at the North Lakes P Recreation Center entrance. The following will be work will be provided to low and moderate income families
current for the " on
~ro a M "r x 5 x x..
a , x` r done at the Tennis Center: constn>ct a rap with aver ~ Maximum loan unde, e
unit is r 69154HIbis agtnotmt reflects the maximuk
_ ~ , z -NO PARKING ZONE in front of it; paint a o~tnHCtion including demolition and
zone by the ramp; Provide proper sigrtage and change that can be sperat on a rw
--till be installed in each rcloca6on costs Loan assistance is provided in three fortes: 1) ti
e" ti entrance hardware. Grab bars 1)
public access toilet of the library. All improvements homes deferred owners forgivable depending ]oanding - loan is ailable, forrgivertess will
; on the level of will comply with American Disability Act
}v~ i~ . 3 ^ a, take place over a 5 to 15 Year prior, 2) 50% deferred forgar able
r Jk,, w~x requirements loan/50% loan - This option is provided to households at or jug
N , ny+ w*,r s r*,k r ±°s under 80% of inedian income (moderate income rap); and 3) 100%
rN F` loan - Ills loan amount equals the entire costs of the rehabilitation
4w L rr.; k "s x Loan is for 10 to 15 year period at a 3% interest rate. All stntctures
°rty+kr 3' x, mob,„ are brought up to Section 8 Hotcang Quality Standards and City of S
; d ' + Rya Denton building codes. CDBG funds will be used for only
2z1 a yd ,tea r" moderate rehabilitation. a'
To bring existing Musing into compliance with local building codes,
a 0 w to of public facilities for disabled persons to upgrade and stabilize neighbodm&
a .s North Lakes Recreation Center, 2001 west Windsor, City -Wide I ti
ie < t r ;',1t. Cr 204,02; Goldfield Tennis Ctintet, 2005 West 1
r 75~ W'utdsor, CT 204.02; Denton Public Library, 502
4iM^ * a Oaklutd St.' CC 206.01.
Activities targeted to disabled persons are presumed to Program provides 100% benefit to 1owJnHOderau income ]Households.
have at least a 51% lowJmodetate income benefit. )
Page 8 of 10
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1994-95
1190J~tT NAME AFFORDABLE HOUSING PROGRAM DENTON AFFORDABLE HOUSING CORPORATION
Community Housing Development Corporation (CHDO)
[tjf,.•4 New Construction City of Denton Denton Affordable Housing QqWradon
HOME $211,812.50 (Includes 581,812.50 match) HOME $25,000 Operating Expenses
* HOME $5U,000 Project Set aside
The City of Denton's Community Development Office will The Denton Affordable Housing Corporation, after
1(} + ; develop and adminleter a new ffo b1e Housing Program. certification as a community housing development corporation
This program will use cityowrxed residential progenies for by the State and City of Denton will be provided S25,000 in
cor~tion of new single-family housing. Donation of operating expenses, fhmds will be used to pay salaries, rent,
will provide the $gt,812.50 match utilities, and purchase supplies for the organization The
w residential Pt mhos P
wr ~a& , " x !a required for the HOME progruro. Additional construction Denton Affordable Housing Corporation is a new
i" w farads may be required from other public and private organization. No hosing development projects have teen
nonprofits otgugzations. Homes will be sold to low income proposed. The organization is currently wafting to secure
families Homes will be sold at market value. A subsidy, set addition funding in order to hire staff. $50,000 has been set
4. up as a deferred forgivable loan and based on household aside to provide housing project1programs. The
;ncome, will be available to the family purchasing home, projects/programs will benefit low and very low Income p
Repayment will re required if reAdency by the original buyer t,oiseholds. City staff is currently assisting the organization
is M maintained during that period. Program income, to obtain CHDO certification, request additional
realized at the throe of sale, will be returned to the program to administration funding and recruit an executive director. City o
finance additional construction. will continue to assist and to monitor DAHC operations arui
r projects as the organizations expends HOME fusxiing.
gat c To increase the supply of afoordabe housing within the city. To increase the supply of affordable housing within the city.
City-wide To be determined.
100% benefit to low and moderate is+come families At least 51'5 benefit to low and moderate income families. 41
Page 9 of 10
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1994-95
PROGRAM ADMINISTRATION
Program Administration
r ,
City of Denton, Commurvty Development Office
R M 3 Y p
G+i3 CI;~ 206 (a) (c)
CDBG $237,000
+ s7^` HOME S 5000
CDBG furvis will be used for program management, coordination,
t } j'jti~ Vie, monitorng and evaluation associated with carrying eligible activities
S v„' including : staff salaries, payment of services from some city
X `tMYi6 iFpi,4 .Q f
4 ,A ~~p ~x u ; ~ ~ i ~ttf~<•, departments; office equipment, furniture and supplies; office rent, +
>v3t~ g`w^ yfro maintenance and utilities, board expenses; training, travel, advertising,
`tip r' purchase of publications; administration of human services budget arA ,p
monitoring of agencies and city depatVrments: administration of tt►:
Homebuyer Assistance, Housing Rehabilitation, Affordable Housing, , i
and Demolition programs, completion of amual env:-onmental reviaw;
development of the Comprehensive Housing Affordability Strategy
blfi i tti t± (CHAS), Community Development Plan; completion of the Grantee
Performance Report ar►d other required docwnentation; provision of
g' 'tt'e'z a6rr J~
ry*' fair housing services.
' F tii`t~xa' HOME funds will be used for partial payment of salaries for the
construction project manager and housing inspector paitions Some ,
adminLstration funding will also be used to purchase program supplies
n ~caQtza
. ~1,~Md~eLOM ~ ~ 1i
.r ,
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170~~
RESOLUTION NO. _
A RESOLUTION BY THE CITY OF DENTON, TdXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT A COMBINED FINAL STATEMENT OF COK4UNITY DEVELOPMENT
OBJECTIVES AND PROJECTED USE OF FUNDS AND A HOME PROGRAM DESCRIP-
TION WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY
THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND
THE NATIONAL AFFORDABLE HOUSING ACT OF 1990; AND PROVIDINC FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the
development of viable urban communities, including decent housing,
a suitable living environment and expanded economic opportunities;
and
WHEREAS, the City of Denton, Texas, has a special concern for
persons of low and moderate income; and
WHEREAS, the City of Denton, Texas, as a CDBG entitlement City,
k has prepared, through a citizen participation process, a program
for utilizing its eleventh year entitlement funds and program in-
come in the approximate amount of $1,204,025; and
WHEREAS, the City of Denton, Texas, has bean designated as a
participating jurisdiction under the HOME Investment Partnerships
I Program and has developed a program for utilizing its first year
HOME funds in the approximate amount of $500,000; and
l
WHEREAS, citizen participation requirements, including the
holding of publ!c hearings, have been met; and
WHEREAS, the Community Development Act of 1974 and the National
Affordable Housing Act of 1990 require an application and appropri-
ate certifications; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
,fECTION I. That the City Council of the City of Denton, Texas,
authorizes the City Manager to sign and submit to the Department of
Housing and Urban Development a grant application and appropriate
assurances for entitlement funds under the E:using and Community
Development Act of 1974, as amended and the National Affordable
Housing Act of 1990.
SECTIQU II. That the City Council of the City of Denton,
Texas, authorizes the Executive Director of Planning and Develop-
ment to handle all fiscal and administrative matters related to the
application, the Comprehensive Housing Affordability Strategy and
the assurances.
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SECTION III• That the City Secretary is hereby authorized to
furnish copies of this resolution to all interested parties.
UM,ON IV. That this resolution shall become effective irned-
iately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR _
ATTEST:
JENNIFER KALTERS, CITY SECRETARY
BY:
i
} APPROVED AS TO LEGAL FOP.N:
DEBRA A. DRAYOVITCN, CI'T'Y ATTORNEY
BY:
j
ly
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COUNCI
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CITY CQtlNClt P~PORZ FORMAT
DATES lSay 26, 1996
TOa mayor and members of the City Council
FR03s Lloyd V. Harrell, City Manage,-*
SUBJECTS Amendment t No. City/County Maintenance Agreement
,i ~QpmplRNpATION3
5
Approval
yam/ &CJTROC4JDt
roads four
roads several that slie along US 3SOn on hold wh the the weatarnOcityylimits. These tfour enance
' tri approximately 500 feet long and are inside our annexaation tion sin conjunct Staff feels ion w ith
these roads can be more efficiently maintained by the City would take over
some programs they have in the area. In exchanges the shape, located on the
maintenance of two roads, approximately in the
northeast side - Fish Trap Road and Silver Dome Road. The County is in agreement
with this proposal.
DEPARTmENT~.~BSSB-O-~Y$-f'FB~.ScT~PJ-
Existing County programs, Engineering and Transportation, and residences located
in these areas
FISCAL IMPACI'S
The cost to upgrade thesettwo roads Is ap ro $ima000y $20,000 - $30,000. The cost
condition
44 to maintain at existing
RESP PULLY STBDf
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City Manager
I Prepared bya
,Cir etor r sngineezLnq 6 Transportation
Ap,prov ed e
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Di=~y Cr ngineering 0 Transportation
4 ABE00398/16
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^I~ a~~c a i ter1~.,~ 2
CITY Of DENTON# TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201
MEMORANDUM
r
DhTBi May 26, 1996
TOi Rick Scehla, Deputy City Manager
FROMI Jerry Clark, Director of Engineering & Transportation
Maintenance Agreement previously
r SUBJECTf refor4nced by Resolution No. R93-071
E we have had sevoral recent discussions with the County on some roads that are in
need of replacemeyent along us 380 on the western city limits. These four roads
are can bpemore efficiSOO feet long and ently maintained l by the d County in conjunction ~witThose h some of
their programs.
We have had discussions with the County Public Works department that substitution
of two roads (Fish Trap road and Silver Dome road) could be added to our existing
y.^
E
responsibilities on the northeast ■ide. This would be positive for both the i
.i i and County. I have made field inspections and the quality of the roads are
A"<` } approximately thu same. A map is attached showing the roads involved in this
proposed agreement.
„ Again, we feel this Is positive and the County is In agreement. If you agree,
it will be placed before the Commissioner's Court for their final approval.
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9171588.8200 D/FW MErAO434.2529
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ROAD NAINTMULNCM
CITY Or Dar" a DENTON COUNTY
April 1994
DENTON COUNTY WILL NAINTAINt
{
ROAD Lonath
1 NANE r$QM
Cottonwood Lane U.S. 380, north City Limits 4801
Ntyan Rd u,S. 380, north City Limits 480'
Golden Hoot Rd U.S. 3800 north City Limits 480'
Millow Lane U.S. 380, north City Limits 480'
CITY or DENTON WILL MAINTAINt
B4dQ EM TQ Lanath
Nish Trap Ad City Limits, east Mingo Rd 950'
Silver Dome Rd City Limits, east Cooper Creek Ad l,ib0'
R ' I it
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a CITY LIMITS LINE
L 784'
1 9 1160' /
i 575'
24' 54. 8'
950'
51
/ 935.1f
400'
56W 23W
~~aa ALL IN COUNTY
a 1
soa ,
350'
f
44
F0 R
1
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325'-
_ - FAA 1173
sue= _
P1 COUNTY '
C I~{ ~
4 200' -
r--
480 80,
N
230a
1 2400'
1:---
w 400'
1400' ,
i s
13
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,
i
700'
CO u~y To 1 gain ~4i.~
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i,~wpdoce%reeo\roaamcnc.tee
P'7.6
RESOLUTION No.
RESOLUTION IY FOR SHORED ROADWAY MAINTENANCE COOPERATION T
AGREEMENT WITH DENTON COUNT THE
CITY OF DENTON AND DENTON COUNTY ROADS; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
That the Interlocal Cooperation Agreement with
Denton on County nty for Shared Roadway Maintenance, effective November
ib, 1993, shall be amended by the attachment of a new "Exhibit A
includes di ads for maintenance by
to the Agreement which the City of Denton and the County of Denton the SECTION ii. That the City Manager is authorized to
which is attached hereto and
Amendment to the Agreement, a copy a
incorporated by reference herein.
$EC'1ION IIT. That this resolution shall become effective
immediately upon its passage and approval.
1994.
PASSED AND APPROVED this the day of
BOB CASTLEBERRY, MAYOR
Ll
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
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BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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dFcj
THE STATE OF TEXAS $ AMENDMENT TO INTERLOCAL
$ COOPERATION AGREEMENT WITH
COUNTY OF DENTON $ DENTON COUNTY, TEXAS
WHEREAS, the City of Denton (hereinafter called the "City") and
the County of Denton (hereinafter called the "County") entered into
a certain Interlocal Cooperation Agreement dated as of November 16,
19931 and
WHEREAS, the City and the county now wish to amend sai3
Interlocal Cooperation Agreement.
NOW, THEREFORE, the City and the County hereby agree as
follows:
1. Exhibit A of said Interlocal Cooperation Agreement is
amended by including additional roads for Loth the City and
County to maintain. The amended Exhibit A is attached hereto.
2. In all other respects, said Interlocal cooperation Agree-
ment between the City and the County dated as of November 16,
1993, shall remain in full force and effect according to its
terms.
IN WITNESS WHEREOF, the undersigned officer or agent of the
parties hereto are the properly authorized officials and have the
necessary authority to execute this amendment on behalf of the
i parties hereto, and each party hereby certifies to the other that
1 any necessary resolutions extending said authority have been duly
passed and are now in full force and effect.
Executed in duplicate originals this the day of ,
1 1996.
,
{{k CITY OF DENTON
t
1
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LLOYD HARRELL, CITY MANAGER
ATTEST.,
JENNIFER WALTERS, CITY SECRETARY
za
BYs
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
c ~I
BY: #vK 7~
DENTON COUNTY
BY
COUNTY JUDGE
ATTEST:
BY:
APPROVED AS TO LEGAL FORM:
BY.,
ASSISTANT DISTRICT ATTORNEY
DENTON COUNTY
APPROVED AS TO CONTENT:
r
BY.,
DIRE OF PUBLIC WORKS,
DENTON COUNTY
rrt~
Ile
' n io\%Vdoca\k\roadmain.k
.
PAGE 2
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EXHIBIT 'A•
ROAD MAINTENANCE
CITY OF DENNTON & DENTON COUNTY
JUNE, 1994
DENTON COUNTY WIi.L KAINTAINt
T4 3~
gQjlp NAME rB93f 7,432
Allred Sonnie Brae, asst 1.11. City 35V Limits 21W
Barthold i.R. 35, west Kayhill 3,685
Blagg Trinity Rd., west Bend in Rd (to east) 8,,83
Bonni Bonnie Brae U.S. 377, north City Limits 2,000
Brush Creek U.S. 3970 east City Limits 480
Cottonwood Lane U.S. 380, north City Limits 5,160
rAwarde Kayhill Rd., east City Limits 480
Egan Rd Rd. U.S. 3801 north City Limits 48D
Golden Sinof Rd. U.S. 380, north City Limits 5,018
John Paine I.H. 35x, south City Limits 2,353
Johnson Lane John Paine east City Limits 10,30D
Trinity U.9. 380, mouth City Limits - 0
Willow Lane U.S. 380, north
CITY OF DENTON WILL KAINTAIMi
UM
$Q~ KNS$ PRQN 724
Cooper crook mingo CAd., north Fish City Trap Limits 3,9CCO
Egan Jim e! Rd., north city Limits 784
Silver er Dome Rd., north City Limits FM
Farris 254
Fish Trap City Limits, east City Limits
Fish Trap Coops= Creek Rd., east Mingo Limits
2,962
tish Trap City Limits, east and Rd. 950
Foster Mayhlll Rd., east City Limits 433
Hickory Creek T.K. 2181, west City 156 12`980
Jim Chrlstal Kasch Branch, west City Limits 200
Hasch Branch U.S. 380, north Edwards Roed e'200
Kayhill U.S. 380, south Jim Christal Rd. 4,672
' NeSl U.S. 380, south City Limits 160
pockrus/Paige YSwisher .m. 21 Rd., east Corinth City Limits 4, VS
Robinson 2181, east City Limits MA
Silver Dome Farris Rd., east Cooper Creek Rd. 1,1FA
Silver Dome City Limits, east city Limits 1,165
Swisher Pockrus Paige Rd., south ai y Limits to Airport 2,700
Tom Cole North/South portion City acent Limits
Underwood Springside Rd., north 49,462
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' ralT COUNCIL AgpQRT F -l ~jt8 ~J Of 16
DATBs May 1S, 1994
ncll
Tol Mayor and Members of the City Ckiu
FROM$ Lloyd V. Marrell, City manager
SUBJECTi Amendment to State Contract for public transportation funding
(section 9)
M~ F
Approval of the resolution to enable the City manager to sign the amendment to
the State contract dated August 31, 1993
i
•aULMOGROUNDi contract to fund public
The contract was approved by the city council On
for
Tx.D.0.T. has committed 5137, 462'00 The through state (Tx.D.O•T•) had planned This
transportation (Section 9).
August 31, 1993 (Resolution A93-052).
4 2
funds to be taken out of PTY Formula dollars reserved for trans eturned to the $5 1 amendment wou18 allow the state to a be avallable 3to the Citysof
Denton forouse
omitted. The $54+1433.00 of PT? Formula funds would re
ission
amount 1994- c 1995 Program of projects and w Is reement will CO Di cretion ry funding
and 1994 PTF
{ in FY 1995. The $ 54,233.00 '~i15 1900o)agree
The remainder of the funds (583+229.00) will come out of Tx.D•0•T.
Selected Projects funding
($38,44mula a reed.
pTF Formula funds as originally 9 T
8P EN 0 R
pacatranslt and fixed route system
Public Transportation,
~*SChL IMpACT~ rantee for Section 9 funds to obtain full
This will allow the City of Denton as g
funding for public transportation.
Sp Lir.y/SQBMI a
0y V. Harre
City Manager
Prepar byt
av rs
Technical saistant
hp veds
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Aegis ant to the City
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RESOLUTION NO-
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.
1 TO THE PUBLIC TrtANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the United States Secretary of Transportation
program is
authorized to at!ard grants for a mass transportation projects and budget; and
EV. CIV.
WHEREAS, the State of Texas is authorized under
federal aid for
procuring rTEX. R
and City in
main taining public and mass
STAT. purpose of ' esto assist tablishing the
the p rp
transportation projects; and
WHEREAS, on August 31, 19930 the City Council adopted Resolu-
Transportation Contract authorized withe City th the Texa seYDepartment execute of
tion
Public No.
Transportation and the State has forwarded an amendment to said
Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Manager is authorized to execute
Amendment No. 1 to the Public Transportation Agreement on behalf of
E the City of Denton, Texas, with the Texas Department of Transpor-aid
ands incorporated by sreferenceoherein. of
the whichnisoatta hed anci
That the City secretary is hereby directed to
affix upoon the face of Resolution 93-052 ta note his that it istamended
by this resolution, and att&ch a copy of resolution .
cF JQ III. That this resolution shall become effective
immediately upon its passage and approval.
1994.
PASSED AND APPROVED this the day of
BOB CASTLEB£RRY, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHt CITY ATTORNEY
BY: , /
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RECIPIENT: City of Denton.
STATE PROTECT NO: TX94a001( s)
STATE CONTRACT NO: 514 4014
s AMFN.DMENT TO CONTRACT
NO. 1
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AMENDMENT TO CO
acting by and through the Texas DepartNTmc~nt of T ~ by and between the State. of Texas
and the City of Denton hereinafter called the ~Contion hereinafter called the State',
WITNESSETH
WHEREAS, on September 9, 1993, a contract was entered into by and between the
above-mentioned partim which contract provided for the expenditure of funds pursuant to the
provisions of Section 9 of the Federal Transit Act for a public transportation project; and
WHEREAS, the contractor has been approved to receive additional funds to carry out
this project;
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the
patties hereto agree to amend the above-mentioned contract as follows:
L Article 3, page 2, sentence 1 is revised to read: "The maximum amount payable
under this Contract without n odif3cetion Is $137,462.
M AL of the other terms, conditions and provisions of the original contract shall
remain In full force and effect.
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IN TESTEMONY WHEREOF, the parties hereto have caused these presents to be ex(cute.
STATE OF TEXAS CITY OF DENTON
Certified as being executed for the
purpose and effect of activating and/or
carrying out the order, established By:
poli:les or work programs heretofore
approved and authorized by the Texas
! Transportation Comrnlssion under the Title:
authority of Minute Orders 102550 and
103561. Date: _
APPROVED:
? By:
Director of Public Transportation
Date:
RECOAOV14DED FOR EXECUTION:
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District En&eer, Dallas District
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ATQ/TALIOIEN1g~-'-'
3„/94 3aP~l.$
caNTRACr WDGET
CONIRACTORI City of Denton
CONTRACT 111A18ERt 514XXF4014
STATE PAOJECT 110.1 1X94.0001( 18)
FIR NLNBERt IX-90-X246
s~ LINE IIEN 0 DESCRIPTION TOTAL FED(RAL STATE LOCAL
} CAPITAL
G 11.12.04 Two buses w/lifts 161,250 145,000 23,562 12,688
161,250 145,000 801 23,562 131 12,686 71
I PLANNING
I
41.11.00 Grant 9evel/A6s(n 30,000 24,000 3,900 2,100
S 30,000 24,000 8011 3,900 131 2,100 71
OPERATING
30.09.00 Operating (10/93 • 9194) 440,000 220,000 110,000 110,000
} 440,000 220,000 S01 110,000 751 110,000 251
{
TOTAL 651,250 389,000 601 137,462 211 124,768 191
i
FEDERAL FUNDING SPLIT:
TX"90-X246 IX•90-XOD1 TX•90-X001 TOTAL
CAPIMt 145,000 0 0 145,000
i PLANNING 24,000 0 0 24,000 i
OPERATING 220,000 0 0 220,000
i
389,000 0 0 380.000
STATE FUNDING SPLITI
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FORRA.A CSP DISCRETIONARY TOTAL
1 i
CAPITAL 1,772 15,790 0 23,Sd2
PWIN[N0 3,900 0 0 3,900 i
OPERATING 71,557 0 38,443 110,000
7
93,229 15,790 38,443 131,462
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` AUINORI2E0 BUDGET CKANOES
COMIRACIM City of Denton
STATE PROJECT KO.t S14YIF4014
CONTRACT MUMBEILI TT94-0001( 18)
FTA KUNBERt 1X•90.11246
STATE STATE LOCAL
101431 FEDERAL FOMMA OTNEtt
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_ PREVIOUS TOTAL 23,562 0 12.6"
CAPITAL 18i,250 145,000 11 p 110,000
OPERATING 440,000 220,000
0
PLANKING 30 ,000 24,000
131.462 7 121,788
TOTAL 651,250 389,000
j
4 MENOKENT 01 0 (15,790) is, 790 0
CAPITAL G 0 (38,442) 38,443 00
OPERATING 0 0 0 0
PLANNING
p (54,231) 54,233
TOTAL
NEW TOTAL 7,772 15,790 12,688
(VITAL 181,240 .140,000 71,557 38,443 110,000
OPERATING 440,000 220,000 3,900 0 2,100
PLANKING 30,000 2..... .....54,233
83,229 171 788
( 651,250 389.000
TOTAL
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April 13, 1994
Mr. David Ayers
Transportation & Engineering Dept.
City of Demon
215 E. MclGnney
Denton, Tex" 76201
Dear Mr. Ayers:
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Please find enclosed the contract amendment (#i) for your agency. The contract
amendment provides additional funds in the amount of $54,233 ($15,790 PTF
Commission Selected Projects funding and $38,443 FY 1994 PTF Discretionary funding).
{ i
If you have any questions or need additional Information, please contact Ms. Bonnie R.
Beck at (214) 320.6153.
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Sincerely,
John V. Blain, Jr., P.B.
Director of Transportation
Planning and Development
Enclosure
w'jYWp
Cop) To: Miller
Beck
a .er
C-5E(w/attach)
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May 3, 1994
Section 9 Grant Program
Public Transportation Fund (PM
Project No. TX94-0001(18)
Contract No. 514.`IXP4014
Amendment (#E1)
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Mr. David Ayers
` Transportation & Engineering Dept.
City of Denton
215 E. McKinney
Denton, Texas 76201
I
Dear fir. Ayers:
Please reference the attached letter concerning the above mentioned amendment (#1). a1
In addition to the Contract Budget (Attachment A),'Rv provided a worksheet that showed
how the additional funding was used to replace PTF Formula funds. The :54,233 of PTF
Formula funds has been returned to the FY 19941995 Program of Projects and will be
available for the City of Denton to use In FY 1995. At this time, the City of Denton has
a balance of $128,212 in PTF Formula funds. Please sign and return both copies of j
Amendment #1 for further processing.
If you have any questions or need additional information, please contact Ms. Bonnie R
Beck at (214) 320.6153.
Sinc y,
John V. Blain, Jr., P.E.
Director of Transportation \
Planning and Development
Attachment
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S
May 3, 1994
Section 9 Grant Program
Public Transportation Fund (M)
Project No. TX94-000108)
Contract No. 514)W4014
Amendment Vl)
Mr. David Ayers
Transportation & Engineering Dept.
City of Denton
215 E. McKinney
Denton, Texas !6201
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Dear Mr. Ayers:
Please reference the attached letter concerning the above mentioned amendment (#I).
{ In addition to the Contract Budget (Attachment A), we provided a worksheet that showed
how the additional funding was used to replace PTF Formula funds. The 154,233 of PFF
Formula funds has been returned to the FY 1994-1995 Program of Projects and Rill be
j available for the City of Denton to use in IY 1995. At this time, the City of Denton has
E a balance of $128,212 in PTF Formula funds. Please sign and return both copies of
Amendment 01 for further processing.
j If you have any questions or need additional information, please contact Ms. Bonnie R.
Bcck at (214) 320.6153.
Sinc y,
John Y. Blain, Jr., P.E.
Director of Transportation
Planning and Developntcnt
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Attachment
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IDoP~S
RESOLUTION NO.
AUTHORIZING H
A RESOLUTION TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United Sta :es Secretary of Transportation is
authorized to award grants for a mass transportation program of
projects and budget; and
WHEREAS, the State of Texas is authorized under TEX. REV. CIV. g federal
aid STAT. art. 663b, to assist City in
maintain ingn public and mass
the purpose of establishing and
transportation projects; and
WHEREAS, the City of Denton desires to obtain public transpor-
pufrom the State for the purpose of blic and mass transportation systems; NOW, establishing
tation funds
maintaining ORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
l UgZLQN I. That the City Manager is authorized to execute a
Public Transportation Agreement on behalf o the City of Denton,
Texas, with the Texas Department of $r nsportation tonaiatin the ,
financing of public transportation, copy of which s ed
hereto and incorporated by reference herein.
CTIpN II, That this resolution shall become effective immed-
? iately upon its passage and approval.
PASSED A24D APPROVED this the Ite day of , 1993.
J
BOB CASTLEBERRY, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
BY*
APPROVED AS TO LEGAL FORM.,
DEBRA A, DRAYOVITCH, CITY ATTORNEY
BY:
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RECIPIENT: City of Denton N 5
CONTRACT NUMBER: 514XXF4014
PROJECT NUMBER: TX94-0001( 18)
PUBLIC TRANSPORTATION CONTRACT
THE STATE OF TEXAS 4
THE COUNTY OF TRAVIS §
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j by and through the Texas Department of Transportation,
hereinafter called the State, and the City of Denton hereinafter
j called the Contractor.
i
W I T N E S S E T H
WHEREAS, the State is the administering agency for the State
Public Transportation Fund as prescribed by Article 6663c,
V.T.C.S.; and
WHEREAS, the Contractor desires to obtain public transportation
funds from the State for the purpose of establishing and
maintaining public and mass transportation systems; and
' WHEREAS, the State is authorized under Article 6663b, V.T.C.S.,
J to assist the Contractor in procuring federal aid for the purpose
~J of establishing and maintaining public and mass transportation
projects, hereinafter called the Project; and
WHEREAS, the Texas Transportation Commission passed Commission
Minute Order No. 102550 authorizing the State to enter into the
necessary agreements with the Contractor for funding public
transportation projects; and
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants hereinafter set forth, the parties hereby agree
s ' as follows.
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A G R E E M E N T
ARTICLE 1. CONTRACT PERIOD
This contract becomes effective on the final date of execution by
( the State's Director of Publ'c Transportation and shall terminate
on Au7ust 31, 1994 unless otLerwise terminated or modified as
hereinafter provided. Termination of the Contract shall not
release the Ccntractor from the property management standards
outlined in Article 9 below.
ARTICLE 2. PROTECT DESCRIP'T'ION
The Contractor shall undertake the public transportation project
as described in Attachment A and in accordance with the terms and
conditions of this Contract. Further, the Contractor shall
comply with the provisions of the Uniform Grant and Contract
E Management Standards prepared in response to the Uniform Grant
and Contract Management Act of 1981.
The Contractor shall commence, carry on and complete the Project
with all practicable dispatch, in a sound, economical and
efficient manner in accordance with the provisions of Attachment
ARTICLE 3. COMPENSATION
~ i
A. The maximum amount payable under this Contract without
modification is $137,462.00. The State will reimburse the
J Contractor for the authorized costs incurred in carrying out
this project which are further described in the budget
contained in Attachment A. The State's payment to the
Contractor is contingent upon the availability of Federal
and/or State appropriated funds. The State shall have no
liability for any claim submitted by the Contractor or its
subcontractors, vendors, manufacturers or suppliers if
sufficient Federal or State funds are not available to pay
the Contractor's claims.
B. To be eligible for reimbursement under this Contract, a cost
! must be incurred within the contract period specified in
Article 1 above and be included in the project budget
contained in Attachment A.
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C. Payment of costs incurred under this Contract is further
governed by cost principles outlined in applicable Federal
Office of Management and Budget (OMB) publications
follows:
State or Local Governments OMB Circular A-126
Institutions of Higher OMS Circular A-133
Education and Other
Nonprofit Organizations
0. Costs claimed by the Contractor shall be actual net costs,
that is, the price paid minus any refunds, rebates or other
items of value received by the Contractor that have the
effect of reducing the cost actually incurred. In
the CntractorI'ssbillingrto thesStshall ate. be so
identified,onfares
E. All major items or equipment,, as described in the capital
budget in Attachment A, shall be included in this contract
as direct costs. The Contractor hereby certifies that items
of equipment included in direct costs have been excluded
from the indirect costs.
F. Requests for payment are to be submitted to the State no
more frequently than on a monthly basis, except as noted
below, on invoice statements acceptable to the State.
Additional documentation to support all costs incurred
during the billing period may be required at the discretion
of the State. As a mi.nimum,.each billing must be
accompanied by a summary by budget line item whicYe
indicates
the total amount authorized for each line item, p
expenditures, current period expenditures and the balance
remaining in the line item. The original invoice with
required documentation is to be submitted to the following
address:
Mr. James M. Huffman, P.E.
Cistrict Engineer
Texas Department of Transportation
P.O. Box 3067
Dallas, TX 75221-3067
G. The State will make payment within thirty days of the
receipt of properly prepared and documented requests for
payment.
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H. The Contractor will submit a final billing within forty-lqO f y S
five days of the contract termination date specified in
Article 1 above.
I. The Contractor shall make payments promptly to all
subcontractors and suppliers. Failure to do so will be
grounds for termination of this Contract by the State. The
State shall not be responsible for the debts of the
Contractor.
ARTICLE 4. CONTRACT AMENDMENTS
Changes in the scope, objectiv6a, cost or duration of the
Project authorized herein shall be enacted by written amendment
approved before additional work may be performed or additional
costs incurred. Any amendment so approved must be executed by
both parties within the Contract period as specified in Article
1.
ARTICLE 5. SUBCONTRACTS
Any subcontract for professional services rendered by individuals
or organizations not a part of the Contractor's organization
shall not be executed without prior authorization and approval of
the subcontract by the State. Subcontracts in excess of $25,000
shall contain all required provisions of this Contract. No
subcontract will relieve the Contractor of its responsibility
under this Contract.
ARTICLE 6. RECORDS AND AUDITS
j A. The Contractor agrees to maintain financial records,
`k supporting documents, statistical records and all other
records pertinent to this Contract.
B. The Executi, .[rector of the Texas Department of
Transportation, exas State Auditor or any of their duly
authorized representatives shall have access to the records
described in Paragraph A above at all reasonable times during the
contract period and for the period set forth in Paragraph C below
for the purpose of making audits, examinations, excerpts and
transcripts.
C. Financial records, supporting documents, statistical records
and all other records pertinent to the Contract shall be
retained for a period of three years from final payment,
with the following qualifications:
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Igor L4
(1) If any litigation, claim or audit is started before
the expiration of the three-year period, the records
shall be retained until all litigations, claims or
audit findings involving the records have been
resolved.
(2) Records for nonexpendable property acquired in whole or
in part with State funds shall be retained for three
years after its final disposition.
(3) When records are transferred to or maintained by the
State sponsoring agency, the three-year retention
requirement is not applicable to the Contractor.
D. The Contractor further agrees to include these provisions in
each negotiated subcontract.
E. Contractor audit procedures shall meet or exceed the single
audit report requirements outlined in Office of Management
and Budget (OMB) publications as follows:
State or Local Governments OMB Circular A-7.28
Institutions of Higher OMB Circular A-133
Elucation and Other
Nonprofit Organizations
ARTICLE 7. FINANCIAL MANAGEMENT SYSTEMS
The Contractor's financial management system shall meet or exceed
the requirements of the "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments"
(49 Ck1R 18). Those requirements include, but are not limited to:
A. Accurate, current and complete disclosure of the financial
results of each grant program in accordance with Stato
reporting requirements.
B. Records which identify adequately the source and application
of funds for grant-supported activities. These records
shall contain information pertaining to grant awards and
authorization, obligations, commitments, assets,
liabilities, outlays and income.
C. Effective control over and accountability for all funds
property and other assets. The Contractor shall adequately
5
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safeguard all such assets and shall assure that they are
used solely for authorized purposes.
D. Comparison of actual with budgeted amounts for each contract
and relation of financial information to performance of
productivity data, including the production of unit cost
information, whenever appropriate and required by the State.
E. 2rocedures for determining the eligibility for reirbursement
and proper allocation of costs.
F. Accounting records which are supported by source
documentation.
G. A systematic method to assure timely and appropriate
resolution of audit finding and recommendations.
} ARTICLE 8. PROCUREMENT STANDARDS
Contractor procurement standards shall meet or exceed the
requirements of the "Uniform Administrative Requirements for
Grants and Cooperative Agreements to state and Local Governments"
(49 CFR Part 18), including insurance and bonding requirements.
The Contractor shall have written selection procedures which meet
the minimum requirements of that document. The Contractor agrees
to comply with applicable Buy America requirements set forth in
Section 401 of the Surface Transportation Assistance Act of 1978
(P.L. 95-599) and the Federal Transit Administration's Buy
America regulations at 49 CFR 660. The Contractor agrees to
comply with the cargo preference requirements set forth in 46 USC
1 1241 and Maritime Administration regulations set forth in 46 CFR
381.
The State must concur in the award of all purchase orders for
nonexpendable personal property as defined In 49 CFR Part 18.
The Contractor will meet all obligations incurred in its
subcontracts with its equipment suppliers, to specifically
include the prompt payment of monies due the supplier upon
delivery of acceptable equipment. Should payment be delayed for
any reason, the Contractor agrees not to operate any equipment
that has been delivered without the express permission of the
equipment vendor and to lend it the same protection it would its
own equipment.
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ARTICLE 9. PROPERTY MANAGEMENT
The Contractor agrees to comply with the property management
standards specified in the "uniform Administrative Requirements
for Grants and Cooperative Agreements
onState uand se L
nts to
disposition of propop Y Local
Governments f49 CFar erty or lequipment governed by those standards. Further, the Contractor shall comply, with the property management
standards adopted by the State it the Texas Administrative Code,
Title 43, Chapter 31. In the event that any project facility and
equipment are not used in the proper manner or are withdrawn from
public transportation services, the contractor shall 1--mediately direct the notify the State. The State reserves the underithistContract upon
sale or transfer of property acquired
determination by the State that said property has not been fully
and/or properly utilized.
I
1 The contractor shall maintain at least the minimum insurance on
all vehicles thedinother surancenregulationspofsthelStateeofYTexas. In
required red by by
he alternative, contractor's subcontractor may mhenStatesofh
minimum t ennuiance so long as the contractor and t Texas are named as additional insureds on such policies.
insurance, unless otherwise approved
Irrespective of coverage by
j in writing by the State, in the event of loss or damage to
project property, whether by casualty or fire, the fair market
value will be the value of the property immediately before the
lossidue toncasualtyless line depreciation
eventsualtoy or
ftheasset, based heindustry standard for a useful life,
shall b considered fair market value.
The Contractor shall not execute any lease, pledge, mortgage,
lien or other contract touching or affecting the State interest
in any project facilities or equipment; nor shall the Contractor,
by any act or omission of any kind, adversely affect the State
interest or impair its continuing uun. rol over the use of project
facilities or equipment.
The Contractor shall notify the state immediately of theft,
wreck, vandalism or other destruction of project-related
facilities or equipment.
ARTICLE 10. LABOR PROTECTION PROVISIONS
The Contractor agrees to undertake, carry out and complete the
Project under the terms and conditions determined by the
Secretary of the United States Department of Labor to be fair and
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equitable, to protect the interests of eSectionsll{c)cofdthe th~
Project and meeting the requirements
Federal Transit Act.
ARTICLE 11. CHARTER AND SCHOOL BUS OPERATIONS
A. The Contractor, or any subcontractor acting on its behalf,
shall not engage in charter bus operations outside the
Project area within whici it provides regularly scheduled
public transportation service, except as provided under
Section 7(f) of the Federal Transit Act, 49 USC 1602(f), and
amendments that Operations,
604 n and any Chartir Bus
in be issued.
regulations 49 CFR Part pertaining
may n
incorporated subcontract into entered this Cointo ntract j by referenclations is
a. The Contractor, or any subcontractor acting on its behalf,
shall not engage in school bus operations, exclusively for
the transportation of students or school personnel, in
competition with private school bus operators, except as
provided under section 3(g) of the
pertaining et 1SchooliBusct, 49
USC ons)
the forth at 49 Part 605 and an
enterednintots
` under these regulations is incorporated into this Contract
by reference.
f ARTICLE 12. MONITORING AND REPORTING
A. The Contractor shall submit quarterly performr.nce reports
that provide as a minimum the following:
(1) A comparison of actual accomplishments to the goals
established for the period.
(2) Reasons why established goals were not met.
(3) Other pertinent information including, when
appropriate, analysis and explanation of cost overruns
or high unit costs.
B. The Contractor shall promptly advise the State in writing of
events which have a significant impact upon the Contract,
including:
s:
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(1) Problems, delays or adverse conditions which will
materially affect the ability to attain program
objectives, prevent the meeting of time schedules and
goals, or preclude the attainment of project work units
by established time periods. This disclosure shall be
accompanied by a statement of the action taken, or
contemplated, and any State assistance needed to
resolve the situation.
(2) Favorable developments or events which enable meeting
time schedules and goals sooner than anticipated or
producing more work units than originally projected.
ARTICLE 13. DISPUTES
A. The Contractor shall be responsible for the settlement of
all contractual and administrative issues arising out of
procurements entered in support of contract work.
B. The State shall act as referee in all disputes regarding
non-procurement issues, and the State's decision shall be
final and binding.
ARTICLE 14. REMEDIES
Violation or breach of contract terms by the Contractor shall be
grounds for termination of the Contract and any increased cost
arising from Contractor's default, breach of contract or
violation of terms shall be paid by the Contractor.
This agreement shall not be considered as specifying the
exclusive remedy for any default, but all remedies existing at
law and in equity may be availed of by either party and shall be
cumulative.
ARTICLE 15. TERMINATION
A. The State may terminate this Contract at any time before the
date of completion whenever it is determined that the
Contractor has failed to comply with the conditions of the
Contract. The State shall give written notice to the
! Contractor at least seven days prior to the effective date
` of termination and specify the effective date of termination
and the reason for the termination.
B. If both parties to this Contract agree that the '
continuation of the Contract would not produce beneficial
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results commensurate with the further expenditure of funds,
the parties shall agree upon the termination conditions,
including the effective date. In the event that both
parties agree that resumption of the Contract is warranted,
a new contract must be developed and executed by both
parties.
C. Upon termination of this Contract, whether for cause or at
the convenience of the parties hereto, the State shall
retain unlimited and royalty free usage rights of all
finibhed or unfinished documents, data surveys, reports,
mapo, drawings, models, photographs, etc., prepared by the
Contractor.
D. The State shall compensate the Contractor for those eligible
expenses incurred during the contract period which are
directly attributable to the completed portion of the work
covered by this Contract, provided that the work has been
completed in a manner satisfactory and acceptable to the
State. The Contractor shall not incur new obligations for
the terminated portion after the effective date of
termination.
E. Except with respect to defaults of subcontractors, the
contractor shall be in default by reason of any failure in
performance of this Contract in accordance with its terms,
j including any failure by the Contractor to progress in the
performance of the work. Failure on the part of the
contractor to fulfill its obligations as set forth in this
Contract will be waived by the State for causes due to Acts
of God or force majeure.
ARTICLE lb. GENERAL PROVISIONS
A. CIVIL RIGHTS
During the performance of this Contract, the Contractor, for
itself, its assignees and successors in interest agrees as
follows:
(1) Compliance with Regulations: The Contractor shall
comply with the regulations relative to non-
discrimination in federally assisted programs of the
Department of Transportation (hereinafter "DOT") Title
49, Code of Federal Regulations, Part 21 and 23 CFR
710.405(h), as they may be amended from time to
10
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time (hereinafter, referred to as the Regulations),
which are herein incorporated by reference and made a
part of this Contract.
(2) Nondiscrimination: The Contractor, with regard to the
work performed by it during the Contract, shall not
discriminate on the grounds of race, color, sex or
national origin in the selection and retention of
subccntractors, including procurements of materials and
leases if equipment. Tie Contractor shall not
participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the
contract covers a program set forth in Appendix 8 of
the Regulations.
(3) solicitation or Subcontracts. Including Procurements
of Materials and auiRrent: In all solicitations
either by competitive bidding or negotiation made by
the Contractor for work to be performed under a
subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or
supplier shall be notified by the Contractor of the
Contractor's obligations under this Contract and the
Regulations relative to nondiscrimination on the
grounds of race, color, sex or national origin.
(4) Information and Reports: The Contractor shall provide
all information and reports required by the Regulations
or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources
of information and its facilities as may be determined
by the State or the Federal Transit Administration i
_J (FTA) to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any
information required of a Contractor is in the
exclusive possession of enother who fails or refuses to
furnish this information., the Contractor shall so
certify to the state o:• the Federal Transit
Administration, as appropriate, and shall set forth
what efforts it has made to obtain the information.
(5) sanctions for Noncompliance: in the event of the
Contractor's noncompliance with the nondiscrimination
provisions of this Contract, the State shall impose
11
3
such contract sanctions as it or the Federal Tr a sit
Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under
the Contract until the
Contractor complies, and/or
(b) Cancellation, termination or suspension of the
Contract, in whole or in part.
(6) Incorporation of ProYEW=: The Contractor shall
include the provisions of paragraphs (1) through (6) in
every subcontract, including procurements of materials
and leases of equipment, unless exempt by the
regulations or directives issued pursuant thereto. The
Contractor shall take such action with respect to any
subcontract or procurement as the State or the Federal
Transit Administration may direct as a means of
w enforcing such provisions including sanctions for
noncompliance: Provided, however, that, in the event a
contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result
of such direction, the Contractor may request the State
to enter into such litigation to protect the interests
of the State, and, in addition, the Contractor may
request the United States to enter into such litigation
to protect the interests of the United States.
B. NONDISCRIMINATION ON THE BASIS OF HANDICAP
The Contractor agrees that no otherwise qualified
handicapped person shall, solely by reason of his handicap,
be excluded from participation in, be denied the benefits
of or otherwise be subject to discrimination under the
project. The Contractor shall insure that all fixed
facility construction or alteration and all new equipment
included in the project comply with applicable regulations
regarding Nondiscrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefitting from
Federal Financial Assistance, set forth in 49 CFR Part 27,
and any amendments thereto, and the Americans with
Disabilities Act.
C. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
It is the policy of the Department of Transportation and the
State that Disadvantaged Bueiness Enterprises as defined in
the Intermodal Surface Transportation Efficiency Act of
1991, Pub. L. No. 102-240, Sec, 1003, 105 Stat. 1914, 1918-
1922 (1922)1 shall have the maxlmum opportunity to
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participate in the performance of contracts ad subcontra
financed in whole or in part with Federal funds. cts
Consequently, the Disadvantaged Business Enterprise
requirements of Pub. L. No. 102-240, Sec. 1003 apply to this
Contract as follows:
The Contractor agrees to insure that Disadvantaged Business
Enterprises (DBE) as dilfinel in Pub. L. No. 102-240, Sec.
1003 have the maximum oppor:unity to participate in the
performance of contracts and subcontracts financed in whole
or in part with Federal or State funds. In this regard, the
Contractor shall take all necessary and reasonable steps to
meet the Disadvantaged Business Enterprise goal for this
contract.
The Contractor shall not discriminate on the basis of raco,
color, national origin or sex in the award and performance
of contracts f+inded in whole or in part with Federal or
State funds.
These requirements shall be physically included in any
subcontract.
The percentage goal for Disadvantaged Business Enterprise
participation in the act+.vities to be performed under this
contract is a minimum 10; of the contract dollars available
for contracting opportunities as defined in P. L. 102-2400
Sec. 1003. The contractor shall submit to the State reports
on DBE compliance efforts and documentation of good faith
I efforts to meet the DBE goal. This information shall be
I provided to the State on the format(s) and at time
intervals prescribed by the State.
Failure to carry out the requirements set forth above shall
constitute a breach of contract and, after the notification
of the State, may result in termination of the contract by
the State or other such remr.dy, which may include reductions
in future grant awards, as the State deems appropriate.
D. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor agrees to comply with Executive Order 11246
titled "Equal Employment Opportunity" as amended by
Executive Order 11375 and as supplemented in Department of
Labor Regulations (41 CFR, Part 60).
E. AFFIRMATIVE ACTION
Tt.e Contractor warrants that affirmative action programs as
required by the rules and regulations of the Secretary of
Labor (41 CFR 60-1 and 60-2) have been development and are
on file.
13
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F. SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS
(1) Contract Work Hours and Safety Standards Act
The Contractor agrees to comply with Sections 103 and
107 of the Contract Work Hours and Safety Standards Act
40 USar327-330) Cas supplemented by Depar
Labor Regulations (29 tment of
(2) Copeland "Anti-Kickback" Act
The Contractor agrees to comply with the LOpeland
"Anti-Kickback" Act (18 USC 874) as supplemented in
i Department of Labor regulations (29 CFR, Part 3).
(3) Davis-Bacon Act
j The Contractor agrees to comply with the provisions of
! the Davis-Bacon Act (40 USC 176a to 9-7) as
supplemented by Department of Labor regulations (29
CFR, Part 5).
k
(4) Relocation and Land Acquisition
The terms of the Department of Transportation ,
regulations "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted
Programs" (49 CFR Part 25) are applicable to Lhis
Contract.
'5) Insurance and Bonding
The Contractor shall comply with insurance and bonding
i
requirements as established in 49 CFR Part 18.
(6) Signs
The Contractor shall cause to be erected at the site of
construction, and maintained during construction, signs
satisfactory to the State and the United States
Department of Transportation identifying the project
and indicating that the Government is participating in
the development of the project.
i
G. ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY
The Contractor agrees to comply with all applicable
eC~ de r50ection 306
standards, orders or requirements issued
of the Clean Air Act (42 USC 1857(h); of the
Clean Water Act (33 USC 1368); Executive Order 11738 and
Environmental Protection Agency Regulations (40 CFR, Part
15). The Contractor further agrees to report violations to
the State.
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The Contractor agrees to recognize standards and policies
relating to energy efficiency which are contained in the
State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (P.L. 94-163).
H. CONTROL OF DRUG USE
The Contractor agrees to comply with the terms of the
Onnibus Anti-Drug Abuse Act of 1988 (P.L. 100-890, Title V,
Subtitle D).
t
f I. SUSPENSION AND DEBARMENT
The terms of the Department of Transportation regulation,
"Suspension and Debar.oent of Participants in DOT Financial
Assistance Programs" set forth at 49 CFR Part 29, are
applicable to this Contract and the Contractor must complete
7 the Contractot Certification which is included as Attachment
B. Further, any subcontractor employed by the Contractor is
i also bound by the terms of 49 CFR Part 29 and moist complete
a Contractor Certification (Lower Tier) form.
i
( J. RESTRICTIONS ON LOBBYING
Pursuant to Section 319 of P. L. 101-121, which
generally prohibits recipients of Federal funds from using
those monies for lobbying purposes, the Contractor shall
f comply with the attached Special Provision "New Restrictions
on Lobbying", which is included as Attachment C.
it
K. PROHIBITED ACTIVITIES
i
The Contractor or any subcontractor shall not use Federal or
State assistance funds fur publicity or propaganda purposes
designed to support or defeat legislation pending before
Congress or the Texas Legislature.
No member of or delegate to the Congress of the United
States shall to admitted to any share or part of this
Contract or to any benefit arising therefrom.
No member, officer or employee of the Contract during this
tenure or one year thereafter shall have any interest,
direct or indirect, in this Contract or the proceeds
thereof.
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ab of y5
Texas Transportation Commission policy mandates that
employees of the Department shall not accept any benefits,
gifts or favors from any person doing business or who
reasonably speaking may do business with the State under
this Contract. The only exceptions allowed are ordinary
business lunches and items that have received the advanced
written approval of the State Executive Director for the
Texas Department of Trarsportation. Any persons doing
business with or who ma} reasonably speaking do business
with the State under this contract may not make any offer of
benefits, gifts or favors to Departmental employees, except
as mentioned hereabove. Failure on the part of the
Contractor to adhere to this policy may result in the
termination of this Contract.
L. ASSURANCES
The Contractor will comply with Texas Civil Statutes,
Article 5996x, by insuring that no officer, employee or
member of the Contractor's governing board or of the
Contractor's subcontractor shall vote or confirm the
employment of any person related within the second degree by
affinity or third degree by consanguinity to any member of
the governing body or to any other officer or employee
authorized to employ or supervise such person. This
prohibition shall not prohibit the employment of a person
who shall have been continuously employed for a period of
two years prior to the election or appointment of the
officer, employee, governing body member related to such
person in the prohibited degree.
The contractor will insure that all information collected,
assembled or maintained by the applicant relative to this
project shall be available to the public during normal
business hours in compliance with Texas Civil Statutes,
Article 6252-17a, unless otherwise expressly provided by
last.
h The Contractor will comply with Texas Civil Statutes,
Article 6252-170 which requires all regular, special or
called meetings of governmental bodies to be open to the
public, except as otherwise provided by law or specifically
permitted in the Texas Constitution.
M. PATENT RIGHTS
If any invention, improvement or discovery of the contractor
or any of its subcontractors is conceived or first actually
h
16
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reduced to practice in the course of or under this Project,
which invention, improvement or discovery may be patentable
under the Patent Laws of the United States of America or any
foreign country; and if said invention, improvement or
discovery has not already become the property of the State
under Article 15.C above; the Contractor shall immediately
notify the State and provide a detailed report. The rights
and responsibilities of the Contractor, subcontractors and
the United States Government with respect to such invention
will be determined in accordance with applicable Federal
laws, regulations, policies and any waivers thereof.
Further, the Contractor shall comply with the provisions of
41 CFR, Part 1-9.
f
N. COPYRIGHTS
I
The State and the United States Department of Transportation
shall have the royalty-freo, non-exclusive and irrevocable
right to reproduce, publish or otherwise use, and to
authorize others to use, the work for government purposes.
s 0. INDEMNIFICATION
? To the extent perm%tted by law, the Contractor shall
j 1 indewnify and save harmless the State from all claims and
liability due to activities of itself, its agents or
employees, performed under this agreement and which result
from an error, omission or negligent act of the Contractor
or of any person employed by the Contractor. The Contractor
shall also save harmless the state from any and all
j expenses, including attorney fees which might be incurred by
the State in litigation or otherwise resisting said claim or
liabilities which might be imposed on the State as a
I resuit of activities by the contractor, its agents, or
employees.
P. SUCCESSORS AND ASSIGNS
The Contractor binds itself, its successors, assigns,
executors and administrators in respect to all covenants of
this agreement. The Contractor shall not sign, sublet or
transfer its interest in this agreement without the written
consent of the State.
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Q. CONTRACTOR ACKNOWLEDGEMENT
The Contractor acknowledges that it is not an agent, servant
employee
ct
employeessduring
and f for e those State of n its s agents responsible
and d
the performance of the contract work.
R. LEGAL CONSTRUCTION
t
in case any one or more )f the provisions contained in this
agreement shall for any reason be held to be invalid,
illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other
provision thereof and this agreement shall be construed as
if such invalid, illegal or unenforceable provision had
never been contained herein.
S. PRIOR AGREEMENTS
This agreement constitutes the sole and only agreement of
11 the parties hereto and supersedes any prior understandings
or written or oral agreements between the parties respecting
i the within subject matter.
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IN TESTIMONY WHEREOF, the parties hereto have caused these a
presents to be executed.
STATE OF TEXAS CONTRACTOR
Na;iul
i Certified as being executed for SY.
the purpose and effect of
activating and/or carrying out
;
the orders, established policies, Title: tl!
or work prcgrars heretofore
approved and authorized by the Date: 410
Texas Transportation
Commission under the authority
} of Minute Order 102550.
}
• f
~ APPRO D.
E By..
Director of blic Trans;4ortation
~ l
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Date:
' i
RECOMMENDED FOR EXECUTION:
DTs r ct Eng , D strict 18
eY `
19
No,
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7/26/93 30 O
• CONTRACT BUDGET ATIACNNENT
Y
CONTRACTOR. City of Denton fi
CONTRACT NUMBER: 514XXF4014 fi
STATE PROTECT NO.1 tX94.0001( 18)
FTA "Sits TX-90-X248 '
I
LINE ITEM 0 DESCRIPTION TOTAL FEDERAL STATE LOCAL I
i V
CAPITAL
XX.XX.XX Two yehrettl w life 181,250 145,000 23,562 12,688 II
PLANNING 181,250 145,000 8" 23,562 13% 12,688 7%
' JII
f XX.XX.XX Grant Devet/Achin 30,000 24,DDO 3,900 2,100 )
30,000 24,000 W% 3,900 13% 2,100 7X i
OPERATING
XX.XX.XX Operating (10193 - 9194) 440,000 220,000 110,070 110,000
440,000 220,000 SOX 110,000 25% 110,000 25%
j TOTAL 651,250 389,000 60% 137,462 21% 124,7&3 192
i
FEDERAL FM ING SPLITS j
TX-90•X246 TX-90•X007 TX•90-X007 TOTAL
CAPITAL 145,000 0 0 145,000
PLANNINO 24,000 0 0 24, J00
OP£AATINO ...389'No .........0 .........0 ...389.000
1
STATE FLM990 SPLITt
FORMULA CS► DISCRE710KARY TOTAL
CAPITAL 23,562 0 0 23,562
F.AXNING 3.900 0 0 3,900
OPERATING 110,m 0 0 110,000
137,462 0 0 137,462
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Debarment Certification
(Negotiated Contracts)
(1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and
its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for conunission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or perform-
ing a public* transaction orcontract under a public transaction; violation of
federal or state antitrust statutes or commission of embezzlement, the.t, forgery,
bribery, falsification or destruction of records, making fare statements, or
receiving stolen property;
(c) Are not presently indicated for or otherwiso criminally or civilly charged by
a governmental entity* wi►.h commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
I
(d) Have not within a three-year period preceding this application/proposal had
one or more public transactions* terminated for cause or default.
i
(2) Where the CONTRACTOR is unable to certi fy to any of the statements in
this certification, such CONTRACTOR shall attach an explanation to this
certification.
*federal, state or local
::ya
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' ~c e
Form 1734-A
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Lower Tier Participant Debarment Certification
(Negotiated Contracts)
being duly sworn
r uirws wiv.reruy'Me.lrkr~i
or under penalty of perjury under the laws of the United States, certifles that
J neither nor Its
II i Townson dN..ru.r~crckrMau
principals are presently:
i
f a debarred, suspended, proposed for debarment,
• declared ineligible,
e or voluntarily excluded from participation in this transaction
by any Federal department or agency
Where the above identified lower tier particlpent is unable to certify to any of the
! above statements in this certification, such prospeeUve participant shall indicate
below to whom the exception applies, the initiating agency, and dates of action.
Exceptions will not necessarily result In denial ofaward, but wilLbe considered in
determining contractor responsibility. Providing false information may result in
criminal prosecution or administrative sanctions.
EXCEPTIONS:
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Certification Information
This certincation it to be used by contractors pursuant to 44" ;FR 29 when MAY of the
followingoocur.
e any transaction between the contractor and a person {other than a
prowraz at eontract for goods and "MOW, regardlea of type, under
a primary eovaad traasaetioo
s any procurement contract for goods or services when the estimated coat is
$23,000 or more
• any procurement contract for goods or services between the contractor
and a person, regardless of the maounk WWU wwtb the puton will have
a critical influene• on or iubstaative eontrol ova that covered trans
action. Such persona include principal investigators and providers of
federally-required audit services.
A procure men$ transaction is the process of acquiring goods and services,
A nonprocurenwns transaction is the granting of financf al assistants to entities to
assist the grantor in meeting objectives that are mutually beneficial to the grantee
and grantor.
A COPY OF 'PEGS CERTMCA71ON IS TO HE FURNISHED TO
AUTHORIZED REPRESENTA17VES OF THE STATE OR THE U.S.
-J DEPARTMENT OF TRANSPORTATION UPON REQUEST.
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CER11i'ICATION 67 -/y
of 3~ of 4
Restrictions on :obbyinq
i, hereby certify
(name and title of grantei :i! c al)
on behalf of that:
(mesa of grantee)
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to toy person for
influencing or '•ttempting to influence an officer or employee of
any agency, a Net,ier of Congress, an officer or employee of
Congress, or an orpo.ayee of a Member of Congress in connection
with the awarding oV any Federal contract, the making of any
Federal grant, the »aking of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modiVication of any Federal contract,
grant, loan, or cooperative ~Aqrsemsnt,
(2) If any funds other than federal appropriated funds have been
paid or will be paid to any person for influencing or attempting
V.) influence an officer or employee of any agency, a Xerber of
Congress, an officer or employee of Congress, or an erployee of a
Rember of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all
subavards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and
` that all subrecipients shall certify and discloia accordingly.
This certification is a material representation of fact upon
which reliance is placed when this transaction was made or
entered into.- Submission of this certificatioh is a prerequisite
for making or entering into this transaction imposed by se:tion
1352, title 311 n.S. Coda. Any person who fails to file the
required certification shall be subject to L civil penalty cf n:t
less than $10,000 and not morn than $100,000 for each such
failure. & day this ~d'" day of
a G.'
( g ature of auth riled of ficiall
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SIM Federal Register 1 Vol. S/. No. 21) 1 Wednesday. tkcembrr uti 1
INSTRUCTIONS FOR COMK[TION OF SF•tll. D)SCEOSURt OF tO15YING ACTIVITIES
TWs diukilore form shall be computed by 114 +190^'0411"l `anther wtrrvdee or pro 4 federal recipen~ at the
wit loon or receipt of t con red Fedad scoon. a 1 rmaterial~dWr to 1 perar Mbrng, P~M a 0110 ' Ury fo
prtion 1151. The ling of a form is m* td be each payment or spot r4n to rWe prowl to PY lo0iyini
Inguencin4 of wtnyrry to bRwnu art ~ or sirqlalc~oe of any agency, a btember of Con ante. an offiur of
ut
of Canasta a am arnpleyee of 1 v4wJw
~
enht d
Worse ~ enc IN le" k fnade~ls+ce. FCorhpkl~
boonnation d~rCost
Ow spas
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apply W F A both r In flhett ter ielsdi+ Sales Is the M~4 4Awo prr~'~ by or Olke of
erh ~ k*d for additional Y+F~ M
t. Identify to "s of covered Fe" action For which bbbl~ KOft Is "or hue bean tecwd to Mnlhuact the
ouueme of a coo I ro" harem.
2. tdentlly de taahn of M coverel faded actiah. the
1 Idwofy the appoprlate dessNluden of this repwR. If Ede k a brolmrp It I cwsad by a material t to the
k,fornayom_ Mayevfoh~rsh repented enlM the year and quartet N vlidh the ahwhp ocae+.e. Enter she do:s d the last
prt.So~sly fu0mhled reporl by Ws roporWhg wiry for this cowed federal action.
Mown. . Inchrde Conpnsiond Orstrrct. if
a. Enter the M "o, address, dry, stile end hip Code of to rattly
Mown. Gtd the opp'oP a cauiReanoe of the repoK+n4 Mdy IAeI &tit^atet III IL or aspects to be. a prime
or subaward lo. ay the der of the wbawardte. a{, the Rrat aabowadat of the pnme is she ul tier..
Subawards inc + at limited to subconubot, wbpanu sad conlroa two* wndtr pants.
S. If Thee oegantotion 11in` hne report Inborn t checks •Subawedte', then enter the Fur nare• eddsns, tih. ,rate and
tip code of de prime Natal tecipignt. Include Cunpnsional District ti known,
6. Enter the name of the Federal agency making IM cooed of ban Coo " Imem Intlwde oI least ant aMenitar,und
lest below agernY name. r Lvwr►. for example, Depu"nt of Sranspoaatior. U6104 Sutn Cast Guard.
7. Inter the Fedtral program rams or descriptbn lot the covered Federal sctiom (iltm it II known, enter the full
Celdog of Federal pomeetie Assistance tCFM number la pests, cooperasive tgretmenrs, bans. amd loon
commitmwu.
8. Enter the most apprWift Federal identifying number available lot the Federal uuun rdenl od in ittrm I It g.
Request for Proposal IRFF) number, Imitation for Md 0111) number grant announcerheni number. the comaut.
grant or loan sward nwmblr, the applicaionp(oposd control member assigned by the Federal agtacy) tnciwde
prIfil t I.$, 1M►F-MV401!
9. For a covered Federal attar where then has been an award a ban commitment by the lodes? sgene). enter the
Federal amount of the loardban torwnitment for the prime entity tden0ed in item a or S
16, (a)[nler the Mai name, addreea dlY. Iuie and zip code of Asa Iobb)ing enU- tngagtl by to repo'Ung tnuty
Identified in item a to lndwnce the ea ooll federal action.
MEnter the Mdl name of than irwhil ul peAarmin{ Services. and Include h+r address if different from to W.
I { i Enter tan karat. First Kant. and W4& Initial (W).
11. Enter the amount of corhpenwtion paid or lesions* topecied to be p" bh the rrponing entiry Gem a) to the
an bases that apply. N WI is & mater change report enter to ewmuiatniuerimroaunvt tof~paymmade 'entlmaddee ahpl~nned
to be mete.
12• Gad the aw Wato boafes). Orck aR bow dui apply. if payment is rude through an inAind consrsbulion.
specify tan mate and valwe of to Mind plyrmeut.
:1 CM& tan spproprtste bolo). Clad aw boon cut apply. N odor, spaeify wwe.
ta. PwAk a specific rid detared deecs4tism of de unkn cut tan bbbys I No perlo rued, or will be topecied to
peAOrM and do delt(s) of any WAM rends . Include 11 pp tort' and Rled contacted althfirne e ospent in
actual UAW .Ash Federal eMd& WoW the Fodsul e1RwkY+) or amp ebtr
IMOVYWO, K MON&Rs) of C4rgm"hen canloclst
1S. Our.►100NOW Of W a SF{tl.A Conrmado Shoetts) Is aetadod.
14. the CO" olkW 041 J; r and date the form, So" N*%" come, tide. VW telephorhe ft-AM.
for re.~ WrnE
Pubk rrpaery louden for M toilrteon d adennawn ti er0Z V "Me le nhwhmm Par ra+Pamaa• ehc40&4 W* ca" of
hns"Wnwh. WAK" nntvhg data sourta M.~ oed mpnuoW4 the data nteird. aid tormok" ant "owl ow
w estwhs
Womal on Sand (on+mee n frdq the louden torten a any other sopm d tl.s C"w d naoanatwh rdudr^f u
` lot R Awil t o% bw*-% to IM 0#k# d Mw4"w A and MY~f t Paperwert eras rhom ►rtrrtl (01464M).'A MWQn. 0 C. 10W)
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fednel RofOot / Vol. S[, No. 2431 Wedneedey.Oecembct 2p. IkV I Nollcce !W•
DISCLOSURE Of LOBBYING ACTIMIES Ada -
CONTINUATION SHEETi111
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S!)T6 Federal Roosler J Vol Ire. No 24) f Wednesday. Decemb-r 20. s
Appendix C to Part - Contract Clause 39Gf4+.
N[M ttLSTAICTI0N5 ON iA66YING
(a) D%finitions. As used in this clause,
"Agency", as defined to 3 U.B.C. 502(i)e Includes Federal
executive departments and agencies as well as independent
regulatory commissions and Government corporations, as defined In
31 U.S.C. 9101(1).
*coversd Federal action" m*ano any of the following Federal
actions:
(1) The avardinl of any Federal contracts
(2) The making of any Werai antr
(3) The inking of any federal loaniative agreements and,
(t) The entering into of any coops
(S) The extension, continuation, r-naval, amendment, or meailleation of any Federal contsa.t, grant, loan, or
cooperative agreement.
States to a Insure genor
Coveros a connitment e providing f or not receiving
guarantee a loan.
"Indian tribe" and "tribal organization" have the meaninq
provided In section i of the Indian Self-Determination and
ucation Assistance Act (25 U.S.C. 4505). Alaskan Natives are
included under the definitions of Indian tribes in that Act.
"Influencing or attempting to influents" means making, with
the intent to influence, any eommuntcation to oa appearance
before an officer or employee of any agency+ Mother of
connection with any ooveredaredesal employee
Coosso an Member of Congress officer
"Local governor*nt" means a unit of governsent in a State
and, it chartered, established, or oth*rviss recognized by a
State for the performance of a governmental dutye including a
local public authority, a special dWrict, an Intrastate
representative aorganitstion, ando any other anatrum~ talitygofua local government.
"Officer or employee of an agency includes the following
Individuals who are employed by an agencyr
An individual who in appointed to a position is the
Government under title 50 V.S. -sde, Including a position
under a temporary appointments
Ih 2) A member of the uniformed services as defined in
ssction 141(3), title 371 U.S. Code:
(3) A special Government employee as defined in section
202, title Ise U.S. Code: and,
21
en4aNo ~ Q'
!.anti Keptbl ! ►vl, 5+. No IJ J ti►t0l1t1Jty, lJtCtlilkt Wall a
(1) An individual who is a member of a Federal advisory (on5f 4.q
committee, as detincd by the Federal Advisory Committee /pct,
title S, U.S. code appendix 2.
"person" means an individual. corporation,. company,
association, authority, firm, partnership, society, State, and
local government, regardless of whether such entity is operated
for profit or not for profit. This term.exelu es an Indian
cttribal
to b expenditures organizations speciflcallyh permitted b otherllederal
respe
law. -
"Reasonable compensation" means, with respect to a regularly
employed officer or esployse of any person, compensation
consistent with the normal compensation for such officer or
employee Ifor n work that the Federal not twided. by, or not
"Reasonable payment" means, with respect to professional and
other tochnical services, a payment of an amount that Is
consistent with the amount normally paid for such services in the
private sector.
"Reciplent" includes all contractors and evbcontractors at
any tier in connection with a Fo?sral contract. The term
excludes an Indian tribe, tribal organization, or any other
Indian organization with respect to expenditures specifically
permitted by other Federal law.
"Regularly employed" means, with respect to a-i officer or
employes of a person requesting or receiving a Fed anal contract,
an officer or employee who is employed by such parson for at
least 130 working days within one year immediately preceding the
date of the submission that initiates agency consideration of
such person for receipt of such contract. An off leer or employee
who is employed by such person for less than 130 working days
within one year immediately preceding the date of the submission
that initiates agency consideration of such person shall be
considered to be regularly employed as soon as he or she Is
employed by such person for 130 working days.
"State" means a State of the Onited States, the Dlstric: of
Columbia, the Commonwealth of Puerto Rico, a territory or
possession of the United states, an agency or Instrumentality of
a State, and a multi-State, regional, or interstate entity beving
governmental duties and powers.
(b) Prohibitian.
(1) Section 1352 of title 310 U.B. Code provides in part
that no appropriated funds may be expended by the recipiont of a
Federal contract, grant, loan, or cooperative agreement to pay
21
' ,ndeNo p~~
uyy T~d~al R.Sts1a 1 Vol. S4. No. 247 1 Wed++csday. Ncemta OKOPL tti'
any parson for inilueneirg or attempting to influents an officer 07
employee of Conq ss4 organ employer of aonember of Congress in
connection with any of the following covered Federal actions'
the awarding of any Federal contract, the making of any redc:al
grant, the makirl of any Federal lean, ties entuing into of any
cooperative
or grmodification ofeanextensio, y Fedderal contiuatiot grant, loaan#
or cooperative agrsament.
(2) The prohibition does not apply as follows
(1) Agency and legislative liaison by Oin employees.
(A) The prohibition on the use of appropriated
funds, in paragrapI 1) of this section, does not apply in the
case of a payment o reasonable compensation made to an officer
or employes of a person requesting or receiving a Federal
contract if the payment is foe agency and legislative' liaison
activities not directly related to a covered re"ral ie0tion.
For purposes of pare apha (A) of this
Congrttei is sllovabr2ialnanytimeGy requested by an
agency nor pr
(0)(06 1
`C) For purposes of paragra~h (A) of this
section, the following agency and legislative llaleon activities
are allowable at any time only where they are not related to
specific solicitatioiLfor any covered federal actions
Disiwainq with an agency (including
individual demonstrations) the qualities and characteristics of
the persons products or services, conditions or Una of melee
and service capabili~,,~esi and,
9 (di) Teehnicai discussions and other
activities r arding the application or adaptation of the
person's prod is or services for an agency's we{ocS)LI)
(D) For purposes of paregrMotion (A) of this
section, the following agency and legislative activities
are allowable only where they .are prior to formal solicitation of
any covered Feder& long
providing any information not
specifically requested but necessary for an agency to asks an
informed decision t initiation of a covered Federal action!
i) Technical discussions regarding the
preparation of an unsolicited proposal prior to its official
subnissionl and,
3 (fYi) Capability presentations by persons
seeking awards from an agency ursuant to
by ~~lic jAw 9S-507 and other
Small Business Act, as amen
subsequent amendments,
23
anoeNo 4y-0/
Fedcol 114st" r Vot S/. No. 2431 WednWay. Dwmba ~l Na%ia~ /1 a ~33x
(t~.z~ (L) Only those activities expressly authorlsed by
paragrsp tia(1) of this section are allowable under paragraph (1)
j~
(ii) professional and technical services by Own 701,1
Employees.
(A) The prohibition on the use of appropriated
funds, in paragraph IDl) of this section# does not apply in the
case of a payment o reasonable eompensatian made to an officer
or employee of a person rs(Susstirq or secsivitq a TederaY
contract or an extension, can,-Anuation, renewal, amendment, or
modification of a Federal contract it payment is for professional
or technical :services tendered directly in the preparation,
submission, or negotiation of any b160 proposal, or application
for that Federal contract or for seating requirements lsposed by
or pursuant to lav as a condition for receiving that federal
contract @ Co.) (if)
(E) For purposes of paragrapha (A) of this
section, "professional and technical services* shall be limited
to advice and analysis directly ajZlying'any professional or
technical discipline. For exa*le, draftinq of a legal document
accompanying a bid or proposal by a lawyer is allowable.
similarly,. technical advice provided by an engineer on the
contract Is alluovablo,
tender dndirectlCy in the ;negotiation of of
However, communications vith the intent to influence made by a
professional (such as a licensed lawyer) or a technical parson
(such as a licensed accountant) are not allowable under this
section unless they provide advice and analysis directly applying
oreanalyysto is tendered aissatly aned~solelyn In~the pr paratione
submission or negotiation of a covered federal action. Thus, for
example, communications vith the intent to influence made by a
lawyer that do not provide legal advice or analysis directly and
ao1ely related to the legal "Pea" of his or hor client's
proposal, but generally advocate one proposal over another are
not allowable under this @action because the levier is not
~J providing professiehal legal servioes. iimil+rly, communications
with the intent to influence'made by an engineer providing an
enjineering analysis prior to the preparation or submission of a
bi or proposal are not allowable under this section since the
engineer is providing technical services but not directly in the
preparation, submission or negotiation of a covered Federel
action.
(C) requirements imposed by or pursuant to law as
a condition for receiving a covered federal award include those
required by law or regulation, or reasonably expected to be
required by law or regulation, and any other requirements in the
actual award documents.
24
AJaNa _gy-01?_-
~genda~ter2. RS ' ' C
327 0 lro&rd Rust, ! vol. 5C No. 217 ( Wednesday. December M lees f Nolien
43a~'~l.5
(bXe) (D) only those services expressly euthorited by
paragra=lh x(11) of this section are allowable under paragraph Ck}C2)
(!i).
(Ili) Reporting for own roployees.
employed officerstoro employees bof
compen* tion made to regularly respect
a person.
(iv) Professional and technical services by Other than
Own Employees.
(A) "a prohibition on the use of appropriated
funds, in paragraph 1) of this scstione does not apply in the
case of any reasonable payment to a person other than an officer
or employee of a person requesting or receiving a covered federal
action, if the payment is for professional- or technical services
rendered directly in the preparation, submission, or negotiation
of any bid, proposal, or application for that federal contract or
for meeting requirements imposed by or pursuant to law as a
condition for receiving that federal contract. Cb'K ue)
i) For purposes of paragraphs (A) of this
section, 'professional and technical services• shall be limited
to advice aM 'analysis directs applying any professional or
technical discipline. For example, drafting of a legal document
accompanying a bid or ropos&I by .a lawyer is allowable.
similarly# technical advLos provided by an engineer on the
performance or operational capability of a piece of equipment
rendered directly in the negotiation of a contract is allowable.
However, communications with the intent to influence made by a
professional (such as a licensed lawyer) or a technical person
(such as a licensed accountant) are not allowable under this
section unless they provide advice, and analysis directly applying
their professional or technical oixpertise and unless the advice
or analysis is rendered direaay and solely in the preparation,
submission or negotiation of a covered Federal action. Thus, for
example, communications with the intent to Influence made by a
to provide
the i legal aav#octa of his yoos bdairrecl cnt s
solely that do not
proposal, but generally advocate one proposal over another are
not allowable undar this section because the lawyer is not
providing protessional 1"161 services, similarly# emmunieations
with the intent to influence made by an engineer providing an
anglneering analysis pa'har to the preparation or subsisslom of a
bid or proposal are not allowable under this section since the
engineer is providing technical services but not directly in the
preparation, submission or negotiation of a covered Federal
action.
25
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Frdud Retf,t~r ! Vot 51, No 217 1Wedandly. DIMM let
(t) Requlresents imposed by or pussuan-t.t4 ]a:alll~ P7'
a condition tot receiving s covered Federal award include tl►oee Cty,
roquired by law or to miationt or reasonably expected to be
required by law or regulvtion, and any other tequiresents in the
actual award doeusonts.
eas of
offices or
(D) porsonB ~ other then
~include
action
a person requesting
consultants and trade associations.
ty(~} (L) only these services expressly authorized by! L
perogre p o (iv) of this se t:on are allowable under paragre iX
(iv).
(c) Disclosure.
tach person wbe requests or receives receives from an agency a cortific federal)contrae that the iperson Usan tagency sane a rnd VIU ahotnnakst
forth ayment prohibited by paragraph (b) of this clause.
tach person who requests or receives from as agency a
Standard contract Form* sbsjisolosurs ofdlobbygqing hatalvities ittsuch
persoasd LLL funds tda (to p nt using
norkappropristod peteon has sad* oz has sgs!!d._to oofiits ffrom~any covered
federal action) is +s ltrederai action), Mieb would a peoh~s partq mph (b) of
this clause it paid for with appropriated
(3) taeh person sbali file a disclosure form at the end of
each calendar quarter in which there occurs any event that
requires disclosure or that materially affects the accuracy of
the information contained in any disclosure foss previously filed
Ly such person under paragraptQX2) of this information An event
that materially affects the accuracy
of the includesr
(i) A cumulative Increase of 0250000 or more in the
~J amount paid or expected to be paid for intImencing or attempting
to influence a covered Federal actions or
(ii) A change ire the person(s) or individual(s)
influencing or attempting to influence a covered Federal actions
or, employee(s), or
(iii) A charge ins the officer(s),
Member(s) contacted to influence or attempt to influcnes a
covered Federal action.
(4) Any person who requests or receives from a 'W coon
referrA to in paragraph(c)(1) of this section a subcontract
exceeding 5100,000 at any tier under a federa' contract shall
file a certification, is a disclosure form, it required, to the
n4xt tier above.
26
y ~
L2~f~ Fedeni xeaieler / Vol M. No. i43 ! W lesday. Detemlitr 7 orK
(S) All disclosure forms, bLt not certifications, eha11 v+ jr7f
forwarded iron tier to tier until received by the person referred
to tn paragrryh(sZl) of this section. That person shall forward
all disclosers 0106 to the agency.
(d) Agreement. in acceptinngq any contract resulting from this
solicitation, the person aubaltting the offer agrees not to rake
any payment prohibited by this clause,
(e) Psnalties.
(1) Any person who makes an expenditure prohibited under
paragraph (b) of this clause shall be subject to a civil penalty
of not lass thin $30,000 and not more than $100,000 for each such
expenditure.
An person who fails to file or aaend the disclosure
form to be filed or amended if required by this clause, shall be
subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
t3) Contractors may rely without liability on the
representations bade by their subcontractors in the certification
and disclosure fors.
(f) Cost allowability. Nothing in this clause is to be
interpreted to make allowable or reasonable any costs which would
be unallowable or unreasonable in accordance with Part 31 of the
federal Acquisition Regulation. Conversely, costs aide
specifically unallowable by the requirements in this clause will
not be made allowable under any of the provisions of Part 31 of
the Federal Acquisition Regulation.
(tnd of Clause)
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CITY COUNCIL REPORT FORMAT AgeMaltd
R TO: Mayor and Members of the City Council
1 of 9
FROM: Lloyd V. Harrell,0 City Manager
SUBJECT: Interlocal Agreement for County Arson Task Force
RECOMMENDATION: For the Resolution to pass so the Interlocal
Agreement can be signed
SUMMARY:
This agreement will allow for all parties to have better capabilities
when faced with large fires and arson. The task force will pool re-
sources and curb arson problems county wide.
t BACKGROUND:
The City Attorney's Office has reviewed both the Resolution and Agreement
a
4? PROuRAMS, DEPARTMENTS OR GROUPS AFFECTED:
f Denton Fire Department
FISCAL IMPACT: None i
RESQaL CYC ITT D
i f
city Manager
Pr-par d by: t
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roved:
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN ARSON TASK FORCE INTERLACAL AGREEMENT WITH
THE CITY OF LEWISVILLE, TEXAS, THE TOWN OF FLOWER MOUND, TEXAS, THE
CITY OF THE COLONY, TEXAS, AND DENTON COUNTY, TEXAS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, arson is the fastest growing crime in America, costing
taxpayers millions of dollars each year in additional insurance
premiums, and causing unnecessary exposure of innocent citizens,
fire fighters and investigative personnel to death and serious
bodily injury; and
WHEREAS, arson related fires tax the personnel, equipment, and
investigative resources of these governmental entities, causing
excessive damage to equipment and preventing the use of these
resources for other emergencies; and
WHEREAS, no government agency can afford to retain and train
sufficient numbers of fire and arson investigators to properly
investigate major or multi-alarm incidents; and
WHEREAS, a group of governmental entities within Denton County
have recognized and seized the opportunity to minimize the adverse
impact of arson related fires by sharing training, resources and
experience, and cooperating in an Arson Task Force interlocal
agreement, pursuant to the authority of the Texas Interlocal Agree-
ment Act, Tsx. GoVOT Cons 5791.011 et seg., recognizing that arson
investigation is a law enforcement governmental function rather
Li than a fire protection governmental function; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Manager is hereby authorized to
execute an Arson Task Force interlocal cooperation agreement with
the City of Lewisville, Texas, the Town of Flower Mound, Texas, the
City of the Colony, Texas, and Denton County, Texas, to benefit the
citizens of this community, and other contracting local governments
within Denton County containing the terms set forth in the
agreement attached hereto.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHr CITY ATTORNEY
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BY:
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apendtNo Q~
agend~ItertL'~ ~ _
Dale J
SON TASK FORCE INTElZI,OCAL AGRE V_a TT d
STATE OF TEXAS
COUNTY OF DENTON and among the City Of
The
This Agreement is entered into City of Denton, City Fire
Lewisville, Town of Flowbey Mound, h the Denton County ent
Denton County, the D®ntons County Sheriff's DepartmThe
Colony, Office and the Partiee )
Marshal's to collectively as rovidad pursuant to
(hereinafter referred Agreement as hereinafter p ode, section
n as Govern tCode, section
parties execute this Ag T fa
the Interlocal Agreement Acexas o e
791.011, et seq., and the applicable statutes.
362.002, et a~q•r and all other prosecutorial
'ER' s there is a need for investigative and cooperation in suspected arson cases in Denton County; and
that the best
have determined
waDenton
the parties hereto the arson problem within
WBEREAgr
cooperation by Y Of a
possible method for attacking such
County is an agreement establishing
Task Force; and this Agreement to o enter into y1HER6ASr IveParities desire It
prosecut rial co opera ion in connection
provide investiga-
with arson cases; and perform the services
WaERE~, each party is authorized to contemplated hereini tu NOW T6ERBFORual covenants and the arms and
In consideration of the the muparties do hereby agree as followss
conditions set forth below,
I I.
for the purpose of
this Agreement and prosecutorial ecute The Parties aetectionr investigative,
providing arson
capabilities to each other as the need arises.
II.
jal The Denton County Fire Karol will be the cthedDenton County
Force this Agreements of t!'e tra
Arson I hal s Off iceedw l be of tthiscAgrBeIDant repository Fire V executed counterparts
parties'
III. I
another party its arson
arty to this Agreements
When request ed by one party available s follow-through
this A reement may investigate and Perform or unknown
to nvestigative unit tO fires of auspicious origin ed in suc
is regarding ction. While engag
rosecution dutie h
uest
causes ing jurisdionding party shall
within the req
activ ities, b3 under the
employees of the reap
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rules of the requesting party and the direction and supervielonTof 5 d
the requesting party's officer in charge o.`. the investigation.
availability of a party's officers shall be determined by the
responding party.
IV.
While any responding party investigative officer is in the
service of the requesting party, he or she shall be considered an
investigative officer of the requesting member and be under the
command of the requesting party's fire chief or the fire chief's
designee, with all the powers y investigative
were withinrthe
the requesting party, fully as
territorial limits of the governmental entity where he or she is
regularly employed hall constitute his or her qualifications for
the position within the territorial limits of the requesting
member, and no other ~D,,~~~4ygv+ .yRtparni~wttRityfPscn.ny,e r~Mr 7aa Nfn~a~
rod- de l►u,1~v( cj,ueM..,~nr.3,kilry a w1,.cl.. ku. ar.3 iv. IS
rrgub+.h1 ern^'Qcdl.
In performing duties under this Agreement, each party will
comply with all necess.,ry federal, state and local laws,
I regulations and ordinances, including those relating to disposal of
property acquired from grant funds.
VI.
all
The party regularly employing the investigative e officers hand
pay all wages and disability payments, pension payment
payments for damages to equipment and clothing of that officer
while he or she is involved in activities pursuant to this
j Agreement the same as though the services had been rendered within
j the jurisdiction wherein the investigative officer is regularly
emmlobved. The requesting party shall have no obligation to the is pirequired u ndreespond
theiIocal Govern nt CodesSu362.003(cursement
VII.
Any request for assistance under thin Agreement shall include
a statement of the amount and type of equipment and number of
personnel requested and shall specify the location to which the
equipment and personnel requested are to be dispatched, but the
amoun't and type of furnished shall be determined by the responding py personnel s fire chief
or fire chief's designee.
VII.
The fire chief of the responding party, or fire chief's
designee, in his or her sole discretion, may at any time wi`hdraw
equipmt or
to this discontinue Agreementparticipation in
his or her personnel initiated or
any activity
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Date
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A party to this Agreement may unilaterally terminate its
participation in this Agreement only after providing not less than
ninety (90) days' written notice of terminat;:on to tho other
parties. This Agreement may be terminated at any time by the
written mutual agreement of the Parties.
X.
In the event that any person performing services pursuant to
this Agreement shall be cited as a party to a state or federal
civil lawsuit arising out of the performance of those services,
that person shall be entitled to the same benefl.ts that he or she
would be entitled to receive if such civil action hqd arisen out of
the performance of his or her duties ao a member of the department
where he or she is regularly employed and in the jurisdiction of
the party by which that person is regularly employed.
X1.
Each party to this Agreement expressly waives all claims
against eve other party for compensation for any loss, damage,
personal injury, or death occurring as a consequence of the
performance of this Agreement.
XII.
It is expressly understood and agreed that, in the execution
of this Agreement, no party waives, nor shall be deemed hereby to
waive, any immunity or defense that would otherwise be available to
it against claims arising in the exercise of governme.:tal powers
and functions. Third party claims against members shall be
governed by the Texas Tort Claims Act or other appropriate state
statutes, municipal ordinances or laws of the State of Texas ur any
1 political subdivision thereof.
J XIII.
This agreement and any of jts terms and provisions, as well as
the rights and duties of the parties hereto, shall be governed by
the laws of the State of Texas.
XIV.
In l t eve : that any portion of this agreement shall be found
to be conurary to law, it is the intent of the parties hereto that
the remaining portions shall remain valid and in full force and
effect to the extent possible.
XV.
This Agreement may be amended or modified only by the mutual
agreement of the Parties hereto in writing to be attached to and
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IX.
A party to thin Agreement may unilaterally terminate its
participation in this Agreement only after providing not less than
ninety (90) days, written notice of termination to the other
parties. This Agreement may be terminated at any time )y the
written mutual agreement of the Parties.
X.
In the event that any person performing services pursuant to
this Agreement shall be cited as a party to a state or federal
civil lawsuit arising out of the performance of those services,
that person shall be entitled to the same benefits that he or she
would be entitled to receive if such civil . -tion had arisen out of
the performance of his or her duties as a member of the department
where he or she is regularly employed and in the jurisdiction of
the party by which that person is regularly employed.
XI.
Each party to this Agreement expressly waives all claims
against every other party for compensation for any loss, damage,
personal injury, or death occurring as a consequence of the
performance of this Agreement.
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XII.
It is expressly understood and agreed that, in the execution
cf this Agreement, no party waives, nor shall be deemed hereby to
waive, dny immunity or defense that would otherwise be available to
it against claims arising in the exercise of governmental powers
and functions. Third party claims against members shall be
governed by the Texas Tort Claims Act or other appropriate state
statutes, municipal ordinances or laws of the State of Texas or any
political subdivioion thereof.
X1I1.
This agreement and any of its terms and provisions, as well as
the rights and duties of the parties hereto, shall be governed by
the laws of the State of Texas.
XIV.
In tho event that any portion of this agreement shall be found
to be contrary to law, it is the intent of the parties hereto that
the remaining portions shall remain valid and in full force and
effect to the extent possible.
XV.
This Agreement may be amended or modified only by the mutual
agreement of the Parties hereto in writing to be attached to and
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incorporated into this Agreement. 'd
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XVI.
This Agreement may be signed in multiple counterparts and
shall be binding on the Parties when duly authorized by the
governing bodies of such Parties and such Parties, duly authorized
representatives and delivered to the Arson Task Force Coordinator.
XVII.
This Agreement contains all commitments and agreements of the
Parties, and oral or written commitments not contained herein shall
have no force or effect to alter any term or condition of this
Agreement.
XVIII.
The undersigned officers and/or agents of the Parties hereto
are the properly authorized officials and have all necessary
aut.t:ority to execute this Agreement on behalf of the parties, and
each party hereby certifies to the other that any necessary
resolutions extending said authority have been duly passed and are
now in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this
Agreement to be effective upon execution and dating by all of the
Parties. This Agreement shall be subject to renewal in one year
terms st the discretion of the Denton County Commissioners Court.
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CITY OF THE COLONY, TEXAS ATT3STt OG
Johnn Smith City Manager Patti H cka, City Secrgtary
_
Dates _ ~']a~yOS. /49"f Datet W4 '4~14111
APPROVED AS TO FORM:
LC
Pete Ecke t C ty At o ey
Date:
CITY OF DENTON, TEXAS ATTEST:
Lloyd Harrell, City Manager Jennifer Waiters, City Secretary
Dates Dates
APPROVED AS TO FORM:
i a Drayov t , C ty Attorney
i ! Date:
TOWN OF PLOWER XOUKD, TEXAS ATTESTi
E Van James, C-ty Manager Ruth DeShaw, C ty Secretary
Dates Dates
I~-
APPROVED AS TO FORM:
n
Terrance S. Welch, Town Attorney
Date:
~ry
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CITY OF LEWISVILLE, TEE" ATTEST: 6
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diarles erys,~ City Manager Harty He~ r : A~AE CMC
Date I Date t
APPROVED AS TO FOP.M:
Ronald J. n, City Attorney
Date: ~f- 261/~f
DENTON COUNTY, TEXAS ATTEST:
Jeff Moseley, County Judge
Dates Dates
APPROVED AS TO FORMS
Carmen R vere-Worley
Assistant District Attorney
Dates
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
Weldon Lucas, Sheriff Richard Gaaton, County F re Marshal
Denton County Sheriff's Department Dates
Dates
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CITY OF LEMISVILLNo TEXAS ATTESTI E
M
Car es R. Owe e, C ty Manager Marty le s x AAS CMC
Dater 4~ Dates a~',1'4~~1i{
APPROVED AS TO FORMt
Attorney
Ronald J. (RdLvAnt City
Date: f-26-yif
DEM9 COUNTY, TEXAS ATTESTI
Jeff Moseley, County Judge
Datet Dater
APPROVED AS TO FORM:
s
Carmen Rivera-Worley
Assistant District Attorney
i Date:
APPROVED AS TO CONTENTI APPROVED AS TO CONTENT:
+
Weldon Lucas, Sheriff R chard Gaston. County F re Marshal
Denton County Sheriff's Department Date:
Date:
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CITY COCN911 REPORT Q3te.__ - 1-~-`~-
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TO: Mayor and members of the City Council
FROMs Lloyd V. Harrell, City Manager
SU8JECTs AIR DENTON, INC. LEASE AMENDMENT
nc m_ ~otENDAT ION e
It is the recommendation
lease agreement by and between the City of a Denton and Air Denton, Inc•
This will extend the :ease another 30 genre, running from August 2009
to August 2019.
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' BACROROUND~
Air Denton, Inc. is a fixed based operator to the public.
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PROORAMS. DBp~T_MENTS OR GROUPS AFFECTt
This agreement will not affect any other department or division.
[j~CAL IM_PACTt
There is no cost to the General Fund. Thin lease will increase
J i revenues. j
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Prepared byt LlCity Manager
Jos Thompson
Airport Manager
Approved1
A~l
I Rick Svei~le
r Deputy City Manger
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CITY Of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 /TELEPHONE (817) 566.8307
Office of the City Manager
MEMORANDUM
TOs Lloyd V. Harrell, City Manager
i
FRONs Rick Svehla, Deputy City Manager
DATES May 11, 1994
SUBJECTe Recommendation from the Airport Board for an Amendment to
the AirDenton Lease
AirDenton is proposing to extend their lease for ten years. The
existing lease was signed in 1988 and will end in September of
2009. They are proposing to do this because of some more
improvements that they will be making to their lease.
Specifically, they are planning on building a new hangar of
approximately 8,000 square feet.
i
The Airport Board reviewed AirDenton'a
proposal, made changes to
it, and recommended 0,e following: AirDenton be granted a ten year
extension. The beginning rate for that extension would be the
existing rate of the contract at the end of the existing term
adjusted by the prior year CPI. This base rats will be
$2,600/month in the year 2009, or $3,000/month if over a certain
amount of fuel is pumped. Each year after that for the duration of
the ten years this rate would be adjusted by the change in the CPI.
The Board is also recommending that AirDenton's fuel flowage fees
o from 31 of the wholesale price of all fuel delivered to k 0
9 5 of
i
the wholesale price of the fuel delivered, and that the city's
of the hangar fee rentals be increased percentage from lOk to 11k.
The Airport Board met April 29, 1994, and recommended these
provisions to you and the draft minutes are included.
^ The AirDenton has had discussions with the Airport Board and the
j staff. They understand these terms and have agreed to them. I
' would be happy to answer any other questions that the Council might
r have aet-h it co venience.
Rick Svehla
}i Deputy City Manager
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s "Dedicated to Quality Service" 's
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MINUTES 3 v
AIRPORT ADVISORY BOARD
SPECIAL CALL MEETING
APRIL 29, 1994
(VICE) CHAIRMAN - TERRY GARLAND
A SPECIAL CALLED JOINT MEETING OF THE AIRPORT ADVISORY BOARD
WAS HELD ON APRIL 29, 1994 AT 5:30 P.M. IN THE CITY OF DENTON
MUNICIPAL AIRPORT CONFERENCE ROOM, DENTON, TEXAS.
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MEMBERS PRESENT: Terry Garland, Mike Stephens, John Du em a,
James Jamieson.
MEMBERS ABSENT: George Gilkesr:-, Nancy Hundley, Jim Risser.
OTHERS PRESENT: Rick Svehla, Joe Thompson, Jim Huff.
1. CONSIDER THE MINUTES.
The Board considered the Minutes from the Special Call
Meeting of April 25, 1994. Minutes approved as submitted.
II. EXECUTIVE SESSION.
Terry Garland, Vice Chairman, returned to open session.
Dr. John Dulemba made a motion to recommend to City Council
that AirDenton's lease be extended to 2019, an additional
10 years, and the fuel flowage percentage increased to 58
from the current 38, the hangar rental percentage increased
to 118 from the current 109, the 1-:nd lease to follow the
$2600.00 or $3000.00 adjustment, according to the existing
lease. To become effective September 1, 2009 through August
31, 2019. The yearly rental readjustment for land and
improvement9 herein leased for an additional 10 years, shall
be at the beginning of each year starting September 10 2009
during the term of this lease on the basis of the proportion
that the then current United States Consumer Price Index,
All Urban Consumer (CPI-U) for Dallas/Fort Worth, Texas,
as compiled by the U.S. Department of Labor, Bureau of Labor
Statistics bears to May 2008 Index = 100 Base. Anniversary
l being September 2009.
E
WITH NO FURTHER BJSINESS. THE SPECIAL CALL BOARD MEETING
WAS ADJOURNED AT 7:15 P.M.
THE NEXT AIRPORT ADVISORY BOARD MEETING WILL BE HELD ON
j HAY 11, 1994 AT 5:30 P.M. IN THE CITY OF DENTON AIRPORT
TERMINAL BUILDING.
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE
LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND AIR DENTON, INC.;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, certain real property upon the Denton Municipal
Airport was leased to Air Denton, Ync., a Texas corporation,
Lessee, by lease agreement dated August 30, 1988; and
WHEREAS, the City of Denton and the Lessee desire to amend the
lease agreement; and
j WHEREAS, the Airport Advisory Board for the City of Denton has
recommended approval of the proposed airport lease amendment; and
WHEREAS, the City Council of the City of Denton, Texas,
believes it to be in the interest of efficient airport operations
j to approve such lease amendment; NOW, THEREFORE,
s BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION 1. That Amendment No. 1 to the airport lease agreement
between the City of Denton and Air Denton, Inc. dated August 300
1988, which is attached hereto, is hereby approved.
SECTIQN Ii. That the Mayor is hereby authorized to execute the
attached lease amendment on behalf of the City and the City
{ Secretary is hereby directed to affix this resolution, with the
11 executed lease amendment attached, to the original airport lease
agreement dated August 30, 1988, inscribing on the original
{ agreement the fact it has been amended and the effective date of
I such amendment.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
I -
BOB CASTLEBERRY, MAYOR
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ATTEST:
JENNIFER WALTSRS, CITY SECRETARY
BY.,
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APPROVED AS TO LFGAL FORK:
DEBRA A. DRAYOVITCN, CITY ATTORNEY
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AGREEMENT BETWEEN THE CITY OF DENTON
AND AIR DENTON, INC.
WHEREAS, certain real property upon the Denton Municipal Air-
port was leased to Air Denton, Inc., a Texas corporation, by lease
agreement dated August 30, 1988; and
WHEREAS, the City of Denton and the Lessee desire to amend the
lease agreement to provide for a new term of the lease, and to
amend the fees t-- be paid by Lessee; NOW, THEREFORE,
WITNESSETH:
The City of Denton, Texas, hereinafter referred to as "Lessor"
and Air Denton, Inc., hereinafter referred to as "Lessee" for and
in consideration of the rents, covenants and conditions contained
herein, do hereby mutually agree that the lease dated August 30,
1988, between. `he City of Denton and Air Denton, Inc. is amended as
follows:
1. Article II, Section C. ('term) is hereby amended to read as
follows:
C. TERM: To have and hold the said premises together
with all improvements, appurtenances, rights, and privileges
therel:nto belonging or in any wise appertaining, unto the said
Lessee for a term of years, beginning the date first set out
! in this Agreement and ending August 30, 2009 (the primary
term) unless so terminated on an earlier date under any other
f provisions of this Agreement.
Lessor shall grant to Lessee the right to extend the term
of this Lease for an additional ten (10) year period from the
date of expiration of said primary term, if Lessee shall
complete construction of capital improvements, which are
affixed to the leasehold premises, equal in value to at least
$174,999.00 on or before August 31, 2003.
2. Article III, Section A. (Land Rental) is hereby amended to
read as follows:
A. LAND RENTAL:
1. Commencing October 1, 1993 and continuing through August
300 1998, Lessee agrees it shall pay to the Lessor the sum of
One Thousand Two Hundred ($1,200) Dollars per month for the
use and occupancy of the premises.
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2. Commencing September 1, 1998 and continuing through August
30, 2003, Lessee shall pay one Thousand Six Hundred ($1,600)
Dollars per month for the use and occupancy of the premises.
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Date „
d' of 13
However, if Lessee's fuel flowage for the year commencing
September 1, 1997 through August 30, 1998, is more than
360,000 gallons, then the monthly rental for said period shall
be Two Thousand Six Hundred ($2,600) Dollars per month.
3. Commencing September 1, 2003 and continuing through August
30, 20090 Lessee shall pay Two Thousand Six Hundred ($2,600)
Dollars per month. However, if Lessee's fuel flowage for the
year September 1, 2002 through August 30, 2003 is more than
450,000 gallons, Lessee shall pay Three Thousand ($3,000)
Dollars per month. II
4. (a) Commencing September 1, 2009, and continuing through
August 30, 2019, Lessee shall pay an "Adjusted Base Rental,"
calculated upon a "Base Rental." During this time, the "Base
Rental" shall be Two Thousand Six Hundred ($2,600) Dollars per
month; provided that should Lessee have fuel flowage of moe
than 450,000 gallons for the year September 1, 2002 through
August 30, 2003, the "Base Rental" shall be Three Thousand
($3,000) Dollars. As promptly as practicable after August 30,
2009, Lessor shall compute the percentage of increase, if any,
in the cost of living during the period between August 30,
2008, August 30, 2009, and thereafter, on August 30 of each
year, based upon the changes in the consumer Price Index for
all consumers ("Consumer Price Index"). It is agreed that the
last bimonthly consumer Price Index Number published just
prior to August 30, 2009 (if available, else the last quarter-
ly index) shall be called "Base Index Number". If the Con-
sumer Price Index Number for August of any subsequent year
(each such number being herein called an "Anniversary Index
i Number") is higher than the Base Index Number, then such
j Anniversary Index Number shall be divided by the Base Index
~J Number and from the quotient thereof shall be subtracted the
higher one (1). The resulting number, multiplied by one
hundred (100), shall be deemed to be the percentage u_° in-
crease in the Base Rental. Such percentage of change shall be
multiplied by the Base Rental and the product thereof shall be
added to the Base Rental to determine the Adjusted Base Rental
payable for the next one (1) year period commencing on the
immediately preceding August 30. Such Adjusted Base Rental
shall be calculated in the above manner during each subsequent
year. As an example, only, of the foregoing auyustment:
l a. Assume Base Rental is $2600 per month,
i
b. Assume Base Index Number is 200,
c. Assume Anniversary Index Number on the anniversary date
is 300,
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then based upon the foregoing, the Annual Base Rental shall
be:
Anniversary Index Number 300 + Base Index Number 200 =
1.5 - 1 = .5 x 100 = .50 = 50%
50% x 2,600 = 1,300
$1,300 + 20600 = $3,900 Adjusted Base Rental
In no event shall Lessee's "Adjusted Rental" ever be less than
the "Base Rental" provided for herein.
(b) Lessor shall notify Lessee of the amount of the "Adjusted
Rental" to be paid for each subsequent year of the lease at
least ten (10) days prior to the beginning of each subsequent
year. Lessee shall notify Lessor of any claimed error therein
within ten (10) days after receipt of such notice.
(c) For purposes of this section, "Consumer Price index"
means the Consumer Price Index For All Urban Consumers, CPI-U,
(all Items, published by the United States Department of
Labor, Bureau of Labor Statistics 1984 - 100) published by the
United States Department of Labor, Bureau of Labor Statistics
or any successor to such agency. If publication by the agency
is discontinued, CPI-U shall refer to comparable statistics
with respect to the cost of living for all urban consumers
published by any agency of the United States Government and
mutually agreed to by Lessor and Lessee.
3. Article III. (Fees), Sections B. (Hanger and Tie Down
Fees), and C. (Fuel Fees) are hereby amended to read as
follows:
B. HANGAR AND TIE-DOWN FEES: From the commencement of
this Lease and continuing through August 30, 2009, Lessee
LJ shall pay Lessor ten (10%) percent of all hangar and tie-down
rental fees collected by the Lessee from customers renting
Lessee's hangars or renting tie-down facilities on Lessee's
premises each calendar month during the term of this lease.
Commencing September 1, 200; and continuing through August 30,
2019 Lessee shall pay I~ssor eleven (11%) percent of such
hangar and tie-down rental fees collected by the Lessee from
i customers renting Lessee's hangars or renting tie-down
f facilities on Lessee's premises each calendar month during the
{ term of this lease. All rentals and fees shall be paid
monthly to Lessor on or before the 15th day of each month
during the term of this Lease. All such hanger rentals and
i fees shall be accompanied by records showing the date and
location on the Airport where the aircraft was hangared or
parked and the tail number, or side number, of the aircraft.
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C. EVEL FEES: From the commencement of this Lease
continuing through August 30, 20090 Lessee shall pay Lessor
three percent (3%) of the wholesale price per gallon of all
fuel delivered to the Lessee. Commencing September 1, 2009
and continuing through August 30, 2019, Lessee shall pay Lcs-
sor five percent (5k) of the wholesale price per gallon of all
fuel delivered to the Lessee. All fees shall be paid monthly
to Lessor un or before the 15th day of each month during the
term of this agreement. All such fees shall be accompanied by
records showing the time, date, number of gallons delivered
and the name of the fuel supplier.
4. Article V (Insurance and Indemnity), section A. (Insurance
Requirements) is hereby amended to read as follows:
A. INSURANCE REQUIREMENTS: Beginning on the effective
date of this Lease, Lessee shall maintain continuously in
effect at all times during the primary term of this Agreement
and any extension thereof, at Lessee's expense, the following
insurance coverages:
1. Comprehensive General Liability Insurance for Airports
covering the leased premises, the Lessee, its personnel and
its operations on the Airport. The policy shall include, at
a minimum, the following coverages and limits:
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Products/Completed operations $2,000,000
i Personal and Advertising injury 2 000 000
Each Occurrence Limit 2,000,000
Fire Damage 500000
Medical Expense 10000
3 Hangarkeeper's Liability Coverage
Each Aircraft Limit 200,000
Each Occurrence Limit 500,000
2. Aircraft Liability Insurance, with minimum limits of
$
property damage 1,000,000 bodily injury, including death, and $250,000
Passenger Liability liability Insuralcee of $50,000 per seat. to include
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3. Fire and extended coverage for replacement value for all
facilities used by the Lessee either as a part of this Agree-
ment or erected by the Lessee subsequent to this Agreement.
4. Lessee shall require each and every independent contrac-
tor, sub-contractor, or sub-lessee who performs or provides
any service or constructs any improvements on the leased pre-
mises to have General Liability and Worker's Compensation
Insurance prior to the start of any contracted work. If Les-
see provides Lessor proof that worker's compensation insurance
for flight instructor pilots is not r.vailable throught the
Texas Worker's Compensation Insurance Facility (state assigned
risk plan), the requirement for coverage shall be waived.
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Such coverage will be immediately obtained when available
through the state plan or, if desired, through a commerical
insurance carrier. Lessee may purchase and maintain in force
standard contractor's insurance which will provide protection
during such contract work.
5. Comprehensive Automobile and Truck Liability Insurance,
covering owned, hired, and non-owned vehicles with minimum
limits of $500,000 per occurrence for bodily injury including
death, and $100,000 per occurrence for property damage, such
insurance to include coverage for loading and unloading
hazards.
6. Worker's Compensation Insurance as required by law with
the policy endorsed to provide a waiver of subrogation as to
the Lessor; Employer's Liability Insurance, Coverage B in the
p following amounts:
(a) Bodily Injury by Accident - _ - $100,000 each accident
(b) Bodily Injury by Disease - - $100,000 each employee
(c) Bodily Injury by Disease - - - $500,000 policy limit
7. All policies shall name the City of Denton as do addition-
al insured and provide for a minimum of thirty (30) days
written notice to the City prior to the effective date of any
cancellation or lapse of such policies.
8. All policies must be approved by the Lessor.
9. Lessee shall furnish Lessor a copy of all such policies.
In all other respects, the terms and conditions of the lease
j i agreement entered into between Lessee and Lessor ow August 30, 1988
shall continue to be in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day of , 1994 to be effective
upon its executTon.
I CITY OF DENTON, TEXAS, LESSOR
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
. ii
BY:
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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AIR DENTON, INC., LESSEE
1
r JIM HUFF, PRESIDENT
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STATE OF TEXAS S
a
COUNTY OF DENTON S
BEFORE ME, the undersigned authority, in and for said County,
333 Texas, on this day personally appeared Bob Castleberry, Mayor of
the City of Denton, Texas, known to me to be the person and officer i
whose name is subscribed to the foregoing instrument and acknow-
ledged to me that the same was the act of the said City of Denton,
Texas, a municipal corporation of the State of Texas, and that he
1 J executed the same as the act of sa'.d corporation for the purposes
and consideration ^herein expressed, and in the capacity therein
i stated.
i
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of , 1994.
h i NOTARY PUBLIC, STATE OF TEXAS
My commission expires:
s.
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STATE OF TEXAS 4
COUNTY OF DENTON 4
BEFORE ME, the undersigned authority, in and for said County,
Texas; on this day personally appeared Jim Huff, President of Air
is subscribed too the foregoing g instrument and acknowledged etoame the person and officer that the same was the act of the said Air Denton, Inc.,
a corpor-
ation of the State of Texas, and that he executed the same as the
nsideration therein expressed
act ofs a id and nr the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of , 1994.
S
NOTARY PUBLIC, STATE OF TEXAS
My commission expires:
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CITY_COOCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CONSIDER APPROVAL OF DISPOSAL OF WELT, SITES N0. 5 AIID 8.
RECOMMENDATION: The Utilities Department and Planning and Zoning rec
hat
cl, welliSites No.o5mandt8 shall bet offered fortsale, that
SUMMARY: These wells have been plugged hen utilities dDepartment
are no longer needed by
l y, Site No. 9 was to be disposed also. This
Original y,
f has been delayed one year. ntial
util ti BACKGROUND: The City Charter does not .llow esaeby the votersY
to be disposed of unless approved by
property
This property is not essential. Section 2-126 of the Code
council determine If
of Ordin arty can be eofferedtfor sale.
the prop
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton and
Denton municipal utilities.
nses.
FISCAL IMPACT: There ale be some revenue. Theeexact
Also, the s
amounts are not available.
MITTS
4.oyy UL Y
Harrell,
pw~" city Manager i
1
Pr are by,
Lee K. Allison, P.E.
Director Water Engineering and operations
b~
Ap oved b
A R Robert E. Nelson, P.E.
Executive Director of Utilities
Attachments: Planning and Zoning Commission/ Public Utilities
Board Agenda item
14
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,pes1~4
DATE May 25, 1994
PLANNING AND ZONING COMMISSION REPORT
li
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TO ; Planning and Zoning Commission
FROM Gerald P. Cosgrove, P.E.
Engineering Administrator
Denton Municipal Utilities
s SUBJECT DISPOSAL OF WELL SITES NO. 5 AND S.
f I~
RECOH313NDATION :
I
The Public Utilities Board recommends approval of the disposition
of Well Sites No. 5 & 8. The Planning and Zoning Commission is
requested to make a favorable recommendation to the City Council.
8Ul4SARY s
The wells on these sites have been plugged and abandoned. They
are no longer an essential part of the utility system. These
sites have been offered to other departments in the City. If
III there is no interest, then the Utilities Department desires to
dispose of these two sites. The attached Public Utilities Board
agenda item describes the two sites. Sections of the Charter and
Code of ordinances governing disposition of utility property
referenced below are also included. The Board decided not to
abandon Well Site No. 9 this year. It will be abandoned in Fiscal
J Year 1995.
~ I
BACKGROUND I
The City Charter (Section 12.04) does not allow essential utility
property to be disposed of unless it is approved by the voters.
This property is not essential. Section 2-126 of the Code of
Ordinances requires City Council, after recommendation by the
Planning and Zoning Commission, to determine if real property can
be disposed of.
aT~+1R~NTS
r I Exhibit A. Public Utilities Board Agenda Item
I. Memo to Robert E. Nelson
I. Jerry Clark Memo
} II. Trinity letter / Nancy Towle
lI III. Karen Mitchell Letter
i IV. City Location Map
V. Well No. 5
VI. Well No. a
! VIZ. well No. 9
II. Charter Section
I III. Code of Ordinance Section
IV. Project Considerations
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3
PUBLIC UTILITIES BOARD AGENDA ITEM
TO CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM R.E. NELSON, P.E., EXECUTIVE DIRECTOR OF UTILITIES
RE CONSIDER APPROVAL OF DISPOSAL OF WELL SITES NO. 5 S 8.
RECOMMENDATION
The Staff recommends that the Utilities Department start the
procedure to dispose of Well Sites No. 5 6 8 .
SUMMARY
The wells on the above referenced sites were plugged and
abandoned last year. These sitei are no longer essential to
continued affective utility service. Attached is a memo
(Exhibit I) to Robert Nelson giving detailed information on
each site. Originally, Woll Site No. 9 was going to be diposed
of also. This site has been delayed until next fiscal year.
s BACKGROUND
The City Charter does not allow essential utility property to E
be disposed of *unless approved by the voters (Exhibit II).
Section 2-126 of the Code of Ordinances provides a procedure
for sale of City property (Exhibit III). The Utility desires
to begin the process to dipose of these proporties.
AGENCIES AFFECTED
i Citizens of Denton and Denton Municipal Utilities
s j FISCAL IMPACT
There will be some financial impact. These sites will not have
to be maintained, ROI will not have to be paid anti} more and
some revenue will be generated by the sale. Exact numbers are
not available .
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Prepared by Submitted by
~LW1k~CG~
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(NeKRE. delsZo6n, P.E.
Gerald P. Cosgrove P.E.
} Engineering Administrator Executive Director of
Utilities
Approved by
Y
Lee K. Allison, P.E.
Director of Hater Engineering
and Operations
Exhibit I. Memo to Robert Nelson
II. Charter Section
III. code of ordinance Section
IV. Project Considerations
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Date ' S y
CITY of DENTON MUNICIPAL UTILITIES/9oi-A Texas Street/renton,Tx 762(
To: Robert E. Nelson, P.E., Executive Director of Utilities
From: Gerald P. Cosgrove, P.E., Engineering Administrator
i
Date: April 14, 1994
Subj: Abandonment of Well Sites No. 5, 8, and 9
y In the last year's budget, the Water Production Division had
II # Wells Number 1, 5, and 8 plugged and abandoned. This year, they
are having Well Number 9 plugged and abandoned. This item is
scheduled for the April 18, 1994, PUB Meeting. The land for Well
Number 1 is owned by the Airport. The remaining properties are
not essential to continued effective utility service. Therefore,
in accordance with Section 12.04 of the city of Denton Charter,
they can be sold. The Water Department desires to dispose of
i these sites so that we do not have to maintain them.
i
It is proposed that thesF properties first he offered to the
other utility departments, then to the remaining city departments
and finally to the general public. We have received inquiries on
two of these parcels. The Engineering and Transportation
t Department and the Fire Department are interested in the well
I Number 9 property located at the corner of McKinney and
l Mockingbird (Exhibit 1). The Trinity Presbyterian Church has
expressed an interest on purchasing the Sharman Well Site (Number
J 5, Exhibit II.)
Below is a description of each site.
Well Number 5: Is located on the north side of Sherman Drive,
east of Bell. The Piggly Wiggly Grocery Store is
to the north and the Trinity Presbyterian Church
is located to the west. There is a site distance
problem with this site. I have heard that this
site is being considered for a recycling facility.
Due to the site distance problem, I would not
recommend it for this purpose if access is taken
directly off Sherman. However, the Planning
Department has determined that this site is
developable (Exhibit III). The site contains
approximately 0.22 acres.
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EXHIBIT I
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Well Number 9: Is located on Woodrow south of McXiatney..7 e u
County Jail is right across the street. Tne site
contains approximately 0.34 acres.
Well Number 9: Is located on the northeast corner of East
McKinney and Mockingbird Lane. Fire Station
Number 2 is to the east. The site contains
approximately 0.40 acres.
Location maps and decd descriptions are attached in Exhibits
Number 4, 5, 6, and 7.
If these-properties are sold to the public, th-y must be sold by
public bid. Approv"l is required by the Planning and Zoning
Commission and City Council in accordance with Section 2-126 of
the Code of ordinances.
Attached: ;
Exhibits I Jerry Clark Memo
Exhibit II Trinity letter/Nancy Towle
U
Exhibit III Karen Mitchell letter
Exhibit IV City Location Map i
+ Exhibit V Well No. 5
Exhibit VI Well No. 8
Exhibit VII Well No. 9 ;
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