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AGENDA' f
CITY OF DENTON CITY CCUNCIL C j
September 27, 1994 7
Special Called Meeting of the City of Denton City Council on
Tuesday, September 27, 1994 at 7100 p.m. in the Council Chambers of
City Hall, 715 E. McKinney, Denton, Texas at which the following
items will be consideredi
11 Pledge of Allegiance
f 2. Citizen Reports
3. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations. The City Council has received background
information and has had an opportunity to raise questions regarding
these items prior to consideration.
Listed below are contracts to be approved for payment under
the Ordinance section of the agenda. Detailed back-up information :
Is attached to the ordinances (Agenda items 4.A, 4.81 4.C). This
listing is provided on the Consent Agenda to allow Council members,
to discuss or withdraw an item prior to approval of the Consent
Aggands. Upon the receipt of a "request to speak" form from ;a
citizen regarding an item on the Consent Agenda, the item shall bo
removed and be considered before approval of the Consent Agenda.
.
A. Contracts
1. Baker-Shiflatt/EMCOA - hydrogeological
investigation
2. Premier Equipment Services, Inc. - maintenance and
repair of equipment
3. Deloitte i Touche - auditing services
4. Ordinances
E' A. Consider adoption of an ordinance authorizing the City
Manager to execute an agreement between the City of
! Denton and EMCON/Baker-Shiflett for professional
C engineering services for developing a groundwater
characterization for the Denton landfill.
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City of Denton City Council Agenda WtQ 9 ~a7-4
September 27, 1994
Page 2 a.~
Be Consider adoption of an ordinance authorizing the city
Manager to execute an agreement between the City of
j Denton and Deloitte and Touche, L. L. P. for an
f independent audit.
r C. Consider adoption of an ordinance amending Chapter 181
Section 18-91 of the Code of Ordinances of the City of
F Denton, regarding the parking of vehicles on certain !
portions of Wilson Street, Lakey Street, East Prairie
Street and Bradshaw Street near Fred Moore Park. (The
Traffic Safety Commission recommends approval.)
D. Consider adoption of an ordinance authorizing the City
Manager to execute an agreement between the City of
Denton and the Atchison, Topeka and Santa Fe Railroad for
the installation of a crossing and safety signals at Jim
Christal Road. 1
B. Consider adoption of an ordinance authorizing the City
Manager to execute an agreement between the City of
Denton and the Texas Department of Transportation for the
furnishing and installing of traffic signals by a
municipality. (CSJ 918-46-9101 135-10-9001 134-09-903)
F. Consider adoption of an ordinance authorizing the Mayor
to execute an agreement between the City of Denton and
Science Land of Denton.
0. Consider adoption of an ordinance amendint the 1993-94
annual budget of the City of Denton by appropriating the
sum of $117,000 from the unappropriated balance of the
General Fund to sub-recipients of the hotel tax
collection and the airport grant fund account.
He Consider adoption of an ordinance amending Ordinance 90-
026 relating to Rules of Procedure for the city Council
of the City of Denton and repealing Ordinances 93-073,
92-113 and 90-150.
' S. Resolutions
i~
A. Consider approval of a resolution approving budget
adjustments for fiscal year 1993-94.
B.I. Consider approval o a resolution accepting a grant for {
development of the Denton Municipal Airport.
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City of Denton City Council Agenda pgl
September 27, 1994
Page 3 We q - a 7.4 y
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B.Z. Consider approval of a resolution authorizing the City
Manager to accept a grant for development of the Denton
Municipal Airport.
6. Consider adoption of an ordinance accepting competitive bids
and providing for the award of contracts for public works or
~rq improvements. (Sid #1673 -Airport Runway Expansion)
7. Receive a report, hold a discussion and give staff direction
concerning the process for the City Council to appoint a new
City. Attorney.
- ' Be Reconsider a motion appointing the chairs of the Board of
' Adjustment and the Sign Board of Appeals.
A. Consider a motion to appoint the chairs of the Board of
Adjustment and the Sign Board of Appealed
99 Miscellaneous matters from the City Manager.
10. New Business
This item provides a section for Council Members to suggest
items for suture agendas.
110 Official Action on Executive Session Items
A, Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
12, Executive Sessions
A. Legal Matters Under TEX. OOV'T CODE Sec. 551.071
I
80 Real Estate Under TEX. GOV'T CODE Sec. 551.072
Parer, lr^1/Board Apv ~.ntments Under TEX. GOV T CODE
a Say. 3: "4
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City of Denton City Council Agenda -4V _
7
September 27, 1994
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i 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.)
I (Pima) j
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CITY SECRETARY
NOTEt THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 46 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TOD) BY CALLING 1-800-RELRY-TX SO
INTERPRETER CAN BE SCHEDULED THROUGH
THAT A SIGN LANGUAGE
THE CITY SECRETARY'S OFFICE.
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CITY COUNCIL AGENDA ITEM
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TOt MAYOR AND MEMBERS OF THE DENTON CITY COUNCIL
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FROMt Lloyd V. Harrell, City Manager
SUBJECTS CONSIDER APPROVAL OF A CONTRACT WITH ENCON BAKER-SHIFLETT
FOR GEOTECHNICAL INVESTIGATION REQUIRED FOR GROUNDWATER
17
CERTIFICATION OF THE EXISTING LANDFILL SITE NOT TO EXCEED
$49,000.
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RECOHNINDATION t
The Public Utilities Board recommends approval of a contract
with EMCON Baker-Shiflett for the hydrogeological
investigation as required to certify the groundwater
monitoring system of the existincj landfill site in an amount
not to exceed $49,000.
? SUMMARYI
This contract will provide the hydrogeological investigation
required by the Texas Natural Resource Conservation Commission
to certify the groundwater monitoring system at the existing
landfill site.
The hydrogeological services to be provided by EMCON Baker-
Shiflett includes the following tasks:
'l
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Task It Regulatory Coordination $3,000
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Task Zt Field work consisting of 340' of drilling
and piezometer/monitoring well installation $23,000 i
Task 31 Integration of data into site-expansion,
data and interpretation. X2,200
r Contingency for a second pumping test to confirm the
fire test or to provide additional data on the existing
site. 31000 f
Total Estimated Expenses $49,000
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BACKGROUND, Dols 9 • al - 9
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The Texas Administr&tive Code 330.230, Subchapter I. f
Groundwater Monitoring and Corrective Action (c) (2) requires ;
groundwater monitoring system certification that complies with
all provisions of Sectloa 330.231 by October 9, 1994. The
groundwater monitoring system at the existing landfill site
does not comply with the provisions of the section of the
TNRCC regulations and cannot be certified as is.
The City of Denton and HDR staff met with the Texas Natural
Resource Conservation Commission (TNRCC) on June 8, 1994 to
clarify the TNRCC rules on groundwater system certification
and to sbek general guidance the hydrogeological investigation
required to satisfy regulations.
As a result of this meeting, it was concluded that the City of
Denton would review all existing Information pertaining to t
he
site which may be useful in the preparation of the groundwater
characterization. Based on the review of the existing
information, a work plan and schedule for groundwater
characterization would be developed and submitted to the THRCC
on`or around August 1, 1994 for review and approval. The work (
plan was approved by TNRCC on September 6, 1994, the City must, i
commence field work within 30 days of approval.
PROGRAM/DSPARTNBNT OR GROUT-S AFFBCTIDe
Citizens of Denton, City of Denton, Denton Solid Waste
Landfill Operations.
LrISC" Ii1PACTs
The actual expenditures for the hydrogeological investigation
are estimated at less than $40,000.
a~
Respec fully subm tted,
ry
Ll V. Harre , C t Manager
u. Exhibit It Contract With ENCON Baker Shiflett
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ORDINANCE NO. k
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEME'a;T BETWEEN THE CITY OF DENTON AND
EHCON BAKER-SHIFLETT FOR PROFESSIONAL ENGINEERING SERVICES FOR
DEVELOPING A GROUNDWATER CHARACTERIZATION FOR THE DENTON LANDFILL;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
` SECTION I. That the City Manager is hereby authorized to
execute an Agreement between the City of Denton r.nd EMCON Baker-
Shiflett for professional engineering services for developing a
groundwater characterization for the Denton Landfill, a copy of
Which is attached hereto and incorporated by reference herein.
SECTION II. That the city council hereby authorizes the
expenditure of funds in the amount of Forty-nine Thousand Dollars
($44,000.00) as provided in the Agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval. II
, 1494. f
PASSED AND APPROVED this the day of
Y;
EBB CASTLEBERRY? MAYOR
ATTESTt
i JENNIFER WALTERS, CITY SECRETARY
BYt
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f APPROVED AS TO LEGAL FORM[
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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RORREMEHT EETRERN Tn CITY Or DENTON, TRUE
AND EMCON UKNR-88IFLETT, INC.
THIS AGREEMENT is made and entered into on the day of
, 19941 by and between the City of Denton,
Texas, a municipal corporation situated in Denton County, Texas,
hereinafter called the "City", acting herein by and through Lloyd
Harrell, its duly authorized City Manager, and Emcon Baker-
Shiflett, Ina., an independent contractor, acting herein by and
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through Michael M. Shiflett, its duly authorized president,
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hereinafter called the "Engineer". .
N I T N E 8 8 E T H
That for and in consideration of the mutual covenants and
agreements herein contained, the parties hereto do hereby covenant
and agres as followst
y' SECTION I - SERVIC18 OF TEE ENOINRER1
The City hereby contracts with Engineer as an independent
contractor, and the Engineer hereby agrees to perform, within the
professional standards normally accepted in the State of Texas,
professional services associated with individual assignments as
agreed in writing in connection with the scope of work set forth in r
Section II hereof.
9209109 It - CEARRCTER AIM RITENT OF NNOINEERIB SERVICES
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Engineer shalli
i. Drill and sample at six borings around the existing site
in the areas shown on Exhibit "i". >ll borings shall be 4
drilled at least 10 feet ins the calcareous olay strata {E
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(Grayson Formation). All borings shall be field 1099064
and continuously sampled using split-spoons, thin-walled
tubes, or an appropriate coring device.
2. Any geotechnical tasting of samples shall be in accor-
dance with the tests outlined in the approved soil Boring
and Sampling Plan for the expansion site, dated January
13, 1994.
3. Leave all borings open for at least 24 hours to measure
water levels and then backfill to the surface with a
bentonite slurry using a tramis line.
4. Based on boring data, develop the appropriate number and
screen intervals for each piezometer or piezometer nest.
rnstell at least one piezometer or piezometer nest in the
' vicinity of existing piezometers P-3 and P-4 (downgra-
dient), one piezometer or piezometer nest near previously
drilled boring B-24 (downgradient), one piezometer or
piezometer nest near existing piezometer P-5, and on pis-
zometer near existing wall Mid-3 (downgradient), All pis-
toasters shall be constructed to monitor wall standards
in order to collect water quality samples in the future.
5. Conduct a pump test in one of the paired piezometers
I installed on the expansion site. The pump test shall be
conducted in piezometers P-102A and P-102B located west
of the existing landfill. The test shall be conducted
for a period of at least 24 to 46 hours locsting trans-
ducers in existing monitor wells MW-1 and Mid-5 and piezo-
meter P-9 (outside the slurry wall).
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I' 6. Upon completion and analysis of field date, install into
j six monitor walls to adequately characterize groundwater
f from the existing site.
70 Evaluate all the field data obtained both for the expan-
rt Identifying
dad and existing site and produce a repo
the requirements for certifiable groundwater monitoring
system for the existing and expanded site.
8. Provide regulatory coordination with the Texas Natural
Resource Conservation Commission and HDR as necessary to
report date, explain results and/or findings.
Engineer agrees to commit the personnel to each assignment as
necessary in order to complete the assignment in an expeditious
manner.
The Engineer shall advise City as to the necessity of City's
providing or obtaining from others s-eoial services and data
r. required in cnnnootion with the Scope of Services at City's cost
and expense, and may act as (City's representative in connection
with any such services of others.
It is understood that this Agreement contemplates the full and
coaplsta engineering services including any and all changas neces-
sary to complete the Assignment as outlined in the Scope of Ser-
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vices. Nothing contained herein shall be construed as authorizing
additional lees for services.
The Engineer acknowledges by the execution of this Agreement
that all contingenoiss known to the Engineer and City at the date
' of this Agreement as may be deemed necessary and proper to complete
i
k the Assignment have been included in the maximum fee estimate.
PAGE 3
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Engineer agreeA that it will manage and perform its engineer- o
j ing services in its Fort Worth Office.
aeCriat III - MPMOIAL $RRVICIS OF MIN52RI
if authorized in writing by City, Engineer shall furnish or
obtain from othors Speci-l Services necessary to complete the
assignment. These services are not included as part of Basic
Services as outlined in SECTION II - CHARACTER AND EXTENT OF
ENGINEER'S SERVICES. Special services may be required for a second
pumping test to confirm the results of the initial pumping test
and/or to obtain additional data as required by the Texas Natural
Resource Conservation Coamisoion. Special Services will be paid
for by City as indicated in Section V.
City agrees tot
1. Provide all criteria and full information as to City's re-
quivements and designate a person with authority to act on
City's behalf in all matters concerning the Assignment.
' 2. Assist Engineer in obtaining existing studies, reports and
re
other available data and services of others pertinent to the
Assignment and in obtaining additional reports and data as
required.
10 Upon roasonable notice, arrange for access to and make all
1
i provisions for Engineer to enter upon public and private
property as may be required for Engineer to perform services
1 hereunder.
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4. Designate in writing it qualified person who will act as City's
representative with respect to the Assignment for the purposes
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of transmitting instructions, receiving information, inter-
prating and defining City's policies and decisions with
respect to Engineer's services.
5. Review all reports, recommendations and other documents and
provide written decisions pertaining thereto within a reason-
able time.
6. Examine all studies, reports, sketches, drawings, speoitica-
tions, proposals and other documents presented by Engineer,
obtain advice of an attorney, insurance counselor and other
consultants as it deems appropriate for such examination and
render in writing decisions pertaining thereto within a
1 reasonable time so as not to delay the services of Engineer.
7. Provide such legal, accounting, insurance and other counseling
k services to City as say be required for the Assignment.
P S. Bear all costs incident to compliance with this Section.
SBCTION T - WNPUSATION TO WGIN222
The total compensation for all of the Assignments to be per-
formed by Engineer as described in Section ii - CHARACTER AND
EXTENT OF ENOINEER'S SERVICES hereof shall not exceed horty-nine
Thousand Dollars ($49,000).
Engineer shall be compensated based upon the rates set forth
4r heroin upon the completion of each of the following tasks, in an
amount not to exceeds
Task Is Completion of the exploratory borings,
sampling, piecomater and monitoring well
installation $290800
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Task 2: integration and interpretation of data 9 a~
from the existing and expandad site
couplets with finished report $120200
Task U Regulatory coordination as required $ 30000
special services shall not exceed $10,000
r1 Engineer shall be compensated on the following basis
a) Labor cost shall be calculated by multiplying the direct labor
cost times the sum of the salary multiplier and the overhead
multiplier. For the purposes of this agreement, the salary
multiplier Is 1.35 and the overhead multiplier is 1.80. Labor
` Cost a Direct Cost X (1.35 + 1.60). A copy of the rates
Engineer shall charge is attached hereto as Exhibit "A"..
b) Reimbursable Expenses. Reimbursable Expenses shall mean the
actual expenses incurred directly or indirectly in connection {
with the Project, including but not limited to subconsultant
or subcontractor costs times a multiplier of one and one tenth
(1.1), transportation and subsistence incidental thereto, toll
telephone calls, express mail and telegrams, courier services,
reproduction of reports, drawings, specifications, bidding
4 documents, and similar projeot-related items in addition to x
those required under section 1, and if authorized in advance
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by the City, overtime work requiring higher than regular
,
rates. in addition, other highly specialized equipment,
including an appropriate charge for yraviously established
q pr*graaq and expenses of photojraphic production techniques.
PAGE 6
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Date 9•AI-4y
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o) Drilling and Laboratory Tests. Drilling work and l++ibdratory
tests will be charged at the unit rates provided on the unit
I! and estimate shoats provided herein (Exhibit "B").
The City and the Engineer shall agree on the scope and Com-
psnsation for the performance of Special Services prior to the con-
mencement of such special Services. For Special Services performed
under Suction 111, the Engineer will be compensated at the same
rates and methods as outlined in this Section V.
MICTION VI - NNMD OIr 7AYNENT
The Engineer shall be paid monthly on the basis of statements
prepared from the books and records of account of the Engineer,
such statements to be verified as to accuracy and compliance with
the terms of this Agreement by an officer of the Engineer. Payment
r' according to statements will be subject to certification by the i
Executive Director of Utilities or his duly authorized reprssenta-
tives that such work has been properly performed.
The above charges are on the basis of prompt payment of bills
rendered and continuous progress of the work on the Assignment
until completion. if City fails to make any agreed to payment due
to Engineer for services properly performed within sixty days after
receipt of Engineer's statement thereof, the amount due Engineer
shall include a charge at the rate of 1.0 percent per month from
said sixtieth day, and in addition Engineer may, after giving seven
days written notice to City, suspend services under this Agreement
until Engineer has been paid in full all amounts due for services
properly performed.
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Mail monthly invoices to:
The City of Denton
Attns !toward Martin
901-A Texas Street
Denton, Tx 76201
Telephony Number (817) 566-8451
830TION VII - TINtt SCUDWJ OF XMIN16AING SXRVICEO
The Engineer shall initiate work prescribed hereunder Lamed-
Lately upon the execution of this Agreement and upon issuance by
City of a Notice to Proceed. Engineer shall perform the services
provided herein in ninety (90) calendar days. Any request for
special services uhall be submitted in suffioient time to allow for
completion of services within 180 days.
y , . 52"XON VIII - ?NHlIiNAlIONn
The City say terminate this Agreement at any time and for any
cause by notice in writing to the Engineer. Upon receipt of such
notice, the Engineer shall immediately discontinue all services and
work and the placing of all orders or the entering into Contracts
for supplies, assistance, facilities and materials in connection
with the performance of the Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to
this Agreement.
I" U4 Aty terminates this Agreement under the foregoing
r paray ph, the City she]] pay the Engineer for services properly
per in ;m ordance herewith prior to such termination, less
suGA payments h' '.ng been previously made. Such payments shall be
ba A upon the we completed .p to the data of termination of the ~
A .*anent in acco +fce with the wethod o. ! compensatton prescribed
f },n Beckions V an3 VI hereof. Engineer shall also be compensated
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for all termination related expenses such as nesting attendance, F
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document reproduotion, transfer of records, eto,
Upon termination of this
~ Agreement, the Engineer shall provide
the City reproducible copies of all completed or partially com-
pleted engineering documents prepared under this Agreement.
SECTION It • INEURhllCi
Engineer shall maintain statutory worker's compensation
insurance coverage, employers' liability, commercial general
liability, automobile liability, and professional liability
insurance coverage during the period of performance of services
hereunder in the following minimum amounts:
jiIIOFLI~~~~Y
A. Worker's Compensation statutory
Eaployerls Liability S11000, 000
commercial General Liability
(including Contractual Liability):
Bodily Injury ) 81,000,000 combined
single limits for each
Property Damage) occurrence or aggregate ` i
CO Comprehensive, Automobile
Liability (Owned, Hired, and
Non-owned Vehicles):
Bodily Injury ) $1,0000000 combined
single limits for each
Property Damage) occurrence or aggregate
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D. Professional Liability $100000000 annual aggregate
Engineer shall furnish City insurance certificates to evidence
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such coverages. The certificates shad contain a provision that
such insurance shall not be canceled, without 30 days prior written
notice to city.
$XCTIOM ! - I11DWINIi'ICATIOM
Except for the events addressed in SECTION XIII hereof,
Engineer shall and does hereby agree to indemnify and hold harmless
the City from any and all damages, loss, cost, or liability of any
kind whatsoever, including attorneys' fees, to the extent arising
out of the negligent act or omission of the Engineer and Engineer
shall, at its cost and expense, defend and protect the City against
i any and all such claim and demands. City agrees to limit any lia-
bility of Engineer, its officers, shareholders, and employees to
the lesser of actual damages incurred by the City or the sun of '
live Million Dollars (65,0000000.00).
SICTIOM si -110 THIRD TLRTY 23UNFICIARI38
There are no third party beneficiaries of this agreement be-
tween City and Engineer and no third party shall be entitled to
rely upon any work performed or reports prepared by Engineer here-
under for the purpose whatsoever.
OICTIOM X11 - $A"LIHG
Most test samples or specimens are consumed or substantially
altered during the conducting of tests by the Engineer, and, at
Engineer's sole discretion, Engineer will dispose (subject to the
following) of any remaining residue immediately upon completion of
I tests
PAGE 10
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i. Engineer will maintain preservable test samples and speoimens
or the residue therefrom for 30 days after submission of
Engineer's report free of storage charges. After the initial
30 days and upon written request, Engineer will retain test
specimens or samples for a mutually acceptable storage charge
and stated period of time. City agrees that it will not hold
Engineer rssyDnsible or liaL:e for any loss of test specimens
or samples retained in storage.
2. In the event that samples contain substances or constituents
hazardous or detrimental to health, safety, or the environment
as defined by federal, state or local statutes, regulations or R
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ordinances, Engineer will, after completion of testing and at
r City's expense: (i) ' return such samples to City, or (ii)
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using a manifest signed by City as generator, will have such
samples transported to a location selected by City as genera-
tor and will have such samples disposed of in accordance with
: City's direction.
City agrees to pay all costs associated with the storage,
transport, and disposal of hazardous samples. city recognizes and S
agrees that Engineer is acting as a bailee and at no time does
c Engineer assume title to said waste.
All laboratory and field equipment contaminated in performing
these engineering services which cannot be reasonably decontaminat-
ad, in the sole opinion of the City, shall become the property and
i responsibility of City. All such equipment shall be delivered to
city or disposed of in a manner similar to that indicated in the
previous paragraph. City agrees to pay fair market value of any
PAGE 11
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1. Engineer will maintain preservable test samples and specimens
or the residue therefrom for 30 days after submiosion of
Engineer's report free of storage charges. After the initial
30 days and upon written riquest, Engineer will retain test
specimens or samples for a mutually acceptable storage charge
and stated period of time. City agrees that it will not hold
Engineer responsible or liable for any loss of test specimens
or samples retained in storage.
2. In the event that samples contain substances or constituents
hazardous or detrimental to health, safety, or the environment
as defined by federal, state or local statutes, regulations or
r ordinances, Engineer will, after completion of testing and at
t City's expenses (i) return such samples to City, or (ii)
using a manifest signed by city as generator, will have such
samples transported to a location selected by City as gonera-
} for and will have such samples disposed of in accordance with
city's direction.
City agrees to pay all costs associated with the storage,
transport, and disposal of hazardous samples. city recognizes and
agrees that Engineer is acting as a bailee ,tnd at no time does
Engineer assume title to said waste.
All laboratory an( field equipment contaminated in performing
these engineering services which c3nnot be reasonably decontaminat-
ed, in the sole opinion of the City, shall becoaa the property and
responsibility of City. All such equipment shall be delivered to E
s
City or disposed of in a manner similar to that indicated in the
previous paragraph. •":ity agrees to pay fair market value of any
s
PAb4 11
l
.W. WNWwRjry/I qY..~N i•.I:tY M1 . i. J',...r .r'..v.. .
v rslYr'
fff i
x f-
94 03~
ApertdaNo `
Agendalle
such equipment which, in the City's sole opinion, cannot be
reasonably decontaminated.
•=CTIOM lIII - I1tDiM11ITY PERTAINING TO KhRA 008 NATIRIMA
City acknowledges Engineer will perform part of the work at
City's facilities that may contain hazardous materials, including
petroleum products, or conditions, and the Engineer had no prior
role in the generation, treatment, storage, or disposition of such
materials. Engineer shall have no responsibility for the discov-
ery, presence, handling, or disposal of or exposure of persons to
hazardous materials in any fors at the Project Site, provided how-
veer, Engineer shall have the responsibility to and shall report to
the City the location of any hazardous materials that an engineer
of similar skill and expertise should have noticed.
in connection with hazardous waste, including petroleum pro-
ducts, City agrees to defend, hold harmless and indemnity Engineer
from and against any and all claims and liabilities resulting from:
(a) City's violation of any federal, state or local statute,
regulation or ordinance relating to the disposal of hazardous sub-
stances or constituentet or
(b) City's handling, removal, treatment, storage,
transports- Lion or dispo►,i1 041 hazardous substances or constituents fr„*A or
identified a.. the liter
Absent' any ntentional wrongful acts or negiiger .e, in no
event shaI* Engineer be considered the owner or operato. under the
Resource ineiaation and Recovery Act of 1975, as amended, or any
other ai~.ilar Federal or State law.
PACE 12
I
i
Amdak 9~ -6 3.~?
Ape~daFte~2 # !
3 Oats
YSOTION YIT - AIM? TO AODITI / 6 r~ 43 '
! Engineer agrees that the City shall, until the expiration of
three (3) years after final payment under this Agreament, have
f
access to and the right to examine any directly pertinent books,
documents, papers and records of the Engineer involving transac-
tions relating to this Agreement. Engineer agrees that the City
shall have access during normal working hours to all necessary
Engineer facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the pro-
visions of this section. The City shall give Engineer reasonable
advance notice of intended audits.
OsOTIOM =Y - saCC1aWA/ AND ASsIOMat
The City and the Engineer each bind themselves, their succes- s
sore and asst ns to the other
g , party to this Agreement and to the
successors and assigns of each other party in respect to all
covenants of this Agreement.
dECTIOE m - AssIGUM"1
Naither party hereto shall assign, sublet or transfer its
interest herein without prior written consent of the other party,
and any attempted assignment, sublease or transfer of all or any
part hereof without such prior written consent shall be void.
$MOTION E1/II - IMDiPMINT CONTRACTOAI
Engineer shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent, servant or
i
employee of the City. Engineer shall have exclusive control of,
and the exclusive right to control the details of the work per-
formed hereunder, and all persons performing same, and shall be
PAGE 13
WNW&
i
i
tipeadaRO_-
7 e,O a I
solely responsible for the acts and omissions of its of icers,
agents and employees. Nothing herein shall be construed as
I
creating a partnership or joint venture between the city and the
Engineer, its officers, agents and employees, and doctrine of
A' respondent superior has no application as between the City and the
Engineer.
•ECTIOM =VIII - VEXON
Venue of any suit or cause of action under this Agreement
shall lie in Denton County, Texas.
i &ICTIOM X11 - NOTICE$ f
s
Any notice or other written instrument required or permitted
to be delivered under the terms of this Agreement shall be deemed
1 to have been delivered, whether actually received or not, when
deposited in the United states mail, postage prepaid, registered or j
certified, return receipt requested, addressed to Engineer or City,
f.
as the case may be, at the following addressees
CITY ENOINL9R
City of Denton, Texas Emn Baker-Shiflett, Inc.
ATTNs City Manager
215 E. Mox nney 5701 E. Loop 820 South
Denton, TX 76201 Ft. worth, TX 76119-7051
Either party say change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested.
IM TEOTIMOMY SEAEOt, the parties have executed -no Agreement, this
i
day of _ 1994.
YALE 14
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mn By: EId00i+! BAu-stt I nm . 8-23-84 2:47PN ;BM BAKER-SH [ F M-4 8173837334 ; e ,11 1
AQWINo-- 99 -6 3ol
Thla hgr mnt is executed in tW* (2) counterparts.
i
CITY oc" M WIN, TLUI
Lloyd V. Earrell, Ci y Naaaoer `
f %lenniior waiters, city secretary
~4 4,
4 APPae UD As To MUL Fmi
Debra he Myovitce, City AttonNy
e
• =aooQS ssker•shirlatt
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EXHIBIT "I"
14123
`~ti. 6 AQAAdANO~,, 9~' D 3
~,1 Apendalte y~
• ' ~ ' ~ . ~ - I Et jam,;; ~ =
/yf
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EXHIBIT "A" QIiG8N0 9 'd3a
y
FMCOA Baker-Shiflett, Inc, Apendei
5701 Eod loop S20 sopen . rod Woft TORa 76119--n61 4 cs 1 n 4ta•uM
ao~a~ U
Mika Jar r, im
SCHEDULE OF CHARGES
_i
PERSONNEL CHARGES lisle Peter
Probsslonsl: $l15 00 • 135.00
Senior Executives .
100.00 - 120.00
Executive Mu "en .
Project Managers , 80 00,
TS.00. 105100.00
.00
Senior Engineerl8nvironmental Scientist/t3eoloQist .
Staff En;inea/Environmental Sdendst/Geot4st 34.00 s 90.00
Certified Industrial HytiW roxio0logists 60.00 120.00
Tschf%": $ 5 .00 - 75.00
Senior Technicians . 30.00 60.00
Simplemfileld Technicians
30.00 - 60.00
Wultriat Hystenist • • be.
•
DraWCADD Operators . , , 40.00 00 . 6655.00
.00 {
~T'echnical EdltordWriters
Adminlstradve:
000 k s
Senior Administrator $ 45.Ota : 60.00
Word Processor 3~.O.Ot) f
AdministratorlClerical 34.go - 57.00
' um o( o hours
A. Travel time will be charged in acoadanee with the above rata, up to a in&A`
pet d.
B. Expe t wwmony In deposidorJuW at 150 perca t, of above rata.
C. Overtime RAw - LS times regular rue.
r,
DIRECT CHARGES
Automobilt/ftbps per mile $ 0.35 Cdlulir phony pa minute 1.25
0.25 Color P Og's per PhO '2.00
. . +
Blueprints:, Nlue 1 the pa sq R
r Blueprints: My1u per sq. t. 1.75 Fax per p'je 2.00
CARD Laser blots: Vellum pa >q. ft. 1.00 tteprodu won per sheet 0.15
06
CADD Lana Plots: Mylu pa x it.... 230
rw~rsrncrrc+rar.ts~ssn~:ro 1 of 2 lcfdxkofcAn"
E
JQ/
V
OUTSIDE SERVICES
i
Charges for special outside services, equipment and facilities not furnished directly by EMCON Baker
Shinett, two will be billed at cost plus 15 percent. Such charges may include, but shall not be limited i
to, the following services:
Courier Service "tin& and photographic reproduc&m
Rented t3eld equipment Rented vehicle
Slipping charges Transportation on public carriers
Meals end Lodging Special fees, permits, insurance, etc..
Special drafting and printing Consumable Materials
' 'Subsistence
COMPUTER CHARGES
[13e`of consultant owned microprocessors: Rate per Hour
1 ~ ~ o ~ ~ . d PnsceisinglModem . ; ' . . . S 7."
Con+`putat{onkviogramming/Orawea • 1 1 . . . . • , . . . . . . . • . • . i . ( ( - 10.00 <
CADI)MCA/Modelin` . 20.00
SUPPLEMENTAL SCHEDULES OF CHARGES
• Sundtard Equipment Rates
} Mti CHANGER '
Schedule of Charges and Standard Equipment Rates subject to change without notice.
PAYMENT
Monthly Invoices are to be paid within 30 days from invoice date.
i
f
i
rwns `.pcxnrs:~sshp~o 2 of 2 14W%kv(chA .r
I
1
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E)WHIT "B"
1(fi(0 l Baker-Shiflett, Inc, E NO y ~
5701 NO 1.000 Mho So^ . NO wom, Taos 76119.7061 • (117) 471-12U Mi qe 17) 57 U I I 47e-0M74
s••••n s, sri1
SUPPLEMENTAL SCHEDULE OF CHARGES
LABORATORY k
i3
Strength and Volume Change Test f
Unoonruted compression
Undisturbed Shelby Tuba Specimen . $ ' 25.001each
NW Coro Specimen 30.OOleach
Absorption Pressure Swell tests . 85.00hach
Consoiidadon tests 195.0Wcwh
Tris dal. - 1.4-Inch and 2.0 tech diameter specimens
(lit=er diameter specimens quoted upon request)
Unconsolidated Undrained:
Multiple specimen - 3 specimens minimum 65.00/spx.
Single specimen - 3 points mWmum . SO.OO/point
Consolidated Undralned - with pore pressur. I
measurements:
f
Muldple specimen 3 spodm6ns mwmum...`...... 285.00/spec.
ti Single specimvo - 3 points minimum . 250.00/point
Consolidated Drained: ,
} 'Multiple specimen - 3 specimens mW mum 410.00/:pec. , j
Sink specimbi - 3 points minimum 360AO/p*t
'Direct Shear - 2,5-trxfi diamdcr specimen a
Q-,Test - 3 points minimum 125II4point I
S-Pest - 3 points minimum . , 183.OOJpolnt {
Remolding sample 35AO/each
PhyskalJEngineering Propertlea
Moisture content and visual classification ........................S 10.00/Wh
Atterber8 limits tests . 40:001each
Unit dry Weltht and mc+istura Content tests IS.OOJeach
esch
Minus 200 mesh sieve tests . . 25 .0
Hydrometer analysis (excludes spedfic gravity) yS.bO/esach
10.OOJaich
W linear shrinkage
Sieve Anal* lrouth 200 mesh sieve 45AWesch
r pN lime war, r' points mWnv n) . 200:001each
S~dtic =rave / . 45.OO/eacb
TS:OO/each
Soil box res Jvity
s~vnsnrcaarur.n~lsr I of 3 t
ELI
"Oil
1.1
Moisture Density Relationship and Subgrade Strength
Standard Proctor (ASTMD 698) S 125.001e3ch
150.00/each
Modified Proctor (ASTM D 155'7) 1
150.~each
TEX-1138
Processing materials greater than No. 4 35.001each
Addition of lime and cement 25.00/each
Classification (Unified or AASHTO) including tests 65 IOOrsan>pie
California Bearing Ratio (ASTM D 1883) 150.00lpoint
Hydroulic Conductivity Tests
Hydraulic conductivity (permeability) tests S 150.00/each
Backptessuro 60.OO/each
pr saturation
Additional charge for hydraulic conductivity tests in excess of 5 days 35.00/day/spec
Additional charge for isolation chamber set up for leachate
(nonhazardous) permeant • 1 • • • ' ' . • ' 35.OO/each
Sample preparation 50.00/each
Req"ing sample .
WV*na►t d n#M by swcNite wW be Charted of mpairlrWaoaneat Coed
iWonitt/Soluslurry' Tests
ach
54mp4,, prc~~.rep,,apar./nitioon,n, beyntoni~t/e..-..water slurry 1 S 5N0..VN{0.0~l1eeN.
~y : . y Sam preparation soil-bentomte • • 1 • . • • • • • • • • 1 . 1 ♦ . • • • • • • • IYM ~ .
Spec
Additional charge for ssmple preparation w/leschate (nonhazardoiis) , , MW
,.Slurry viscosity series w/Rheometer (3 determinations wWarsh
COtrelatiion) 1SO.OO/senes
. . . . . . . . 1• . . . .•1 . . . . . . . . . . . . . ..~VY:YM
said
a`
Sl loss series (3 determinations) ,
'urry; filtrate
AgWeptea S 43.OO/esch
Siege a Wyos, including decantation • SS.00/each
Specific gravity, including absorption .
~ 'Los Angeles abrasion 1 135.Weach
55.00/each
Simple Preparation r
Sy41&1esoundness(5cycles) •..•.1.••1.1•••••.•, 2$0.00/ewb
i . , Additional cycles 1 .
~'tkY,rodded "unit weighty , • . • 25I00/each
minus 200 mesh sieve) .
~ ~ ; 1'. ' ' Cation (min
~ • 3 . each
. . . . . . . . . . . . . . • . • • • : . • • . • $
Clay tumps, ASTM C 142 .
Light Weight pieces, ASTM C 123 50.00/each
'Organic Imparides, ASTM C 40 30.00/each
5
t• ,1,1 -,ice , 4 . MOUCHOW P.224nnao 2 of 3 t.bwr«r
r i
Is
EXHIBIT "B"
00 IfhCOA Baker-Shiflett, Inc AGINahlo. R y -0 3;
SYOf Eat
(GOO 120 SO-^ . fort Worm. 1`001 761 10. 7061 • (fly) 171.1251 . M~i q~
' (17)57-3,1110 .(80)47e-ease
SUPPLEMENTAL SCHEDULE OF CHARGES ry1r 1'
LABORATORY
Strength end Volume Change Tests
Unoont'ined oompressioa -
Undisturbed Shelby Tube Specimen
NW core specimen S
25.00%ach
Also
rption Pressure Swop tests " 30.00%ach
Consolidati... • .
on -i tests, ts. VA 2. 6.04
1 7tiWa1 1.4 $SAO/each
a .
inch di am • 19
ame S.OOV
ter specimens each
(larger diarrleter specimens quoted upon request)
Unoonsoiid W Undalrted:
Muldple specimen - 3
. specimens minimum .
.
'
S QS.OOhpec.
~a Specimen - 3 Points minimum .
consolidated UndWned - with pore prasure • • . • 30.0OVpoint
measuremems: l
Multiple specimen 3 i
Sim specmens minimum
. 250.00•
? onsotidated linen - 3 points minimum /
point , .
Multiple ~ 3
specimens minimum . ~ ,
r Direct Shear specimen - 3 point, mWmum , 410.00/spec.
2s-Inch diamek • . , 360
specimen .0046int
QTest-3 polnu ' Cteh oldish -tam s minimum ,
pntnt minimum . ' • 125.'00/point
t ,
193.Oapoint
phYSICaUEn 35.00/ach
pineerinp Properties
Moisture
content and visual c
A lassification . .
" ttabert limits tests
Unit s 10.00/each
I Mint diy weight and moisture content tests ' ,O.OOVeach
' 15.00%ach
i Nydrotheter anal L kw I. .
Air linar y (excludes specific gravity) ' . • 2 ''each
shrinivte ; , 7s.0o/ach
.
a Sieve Analysis umSh 200 mesh • •
sle" 10.0OVesch
OR time j
said (4 points minimum) , . 45.00/
Speci}io gravity 2a0.Obleach
t Soil box resistivity • 45.0D/each
75. wench
' , , i PW/IlI/CIIOLILP.3341Nk11,d
1 of 3
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wv,.cfuy
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'
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RETAKE TARGET
Because of suspected operator'
error or camera malfunction,' the
preceeding page was refilmed and
appears as the next image,!.
4
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.
F.}4{ISIT "Bn
WOR Baker-Shiflett, Inc. ~ No 4 a - 0 3~ _
6101 Eost WOO VO Sour, . Fon worn,, taro, 76110.7061 • (611) 471.62" M 7) s •3111. (61II 176-6671
nloamy 1,19%
SUPPLEMENTAL SCHEDULE OF CHARGES
LABORATORY
Strength and Volume Change Tests
Unconfined compression
Undisturbed Shelby Tube Specimen $ 25.0O/each
NW Core Specimen . 30.00Jeach
Absorption Pressure Swell testa . . : . BS.owtich
Consolidation tests . . . . 195.00teach
rrlaxlsl - 1.4-inch and 2.0-Inch diameter specimens
(urger diameter specimens quoted upon request)
Unoonsolidated Undralned:
j Muldple specimen - 3 specimens minimum 65.00Jspec.
Single specimen - 3 points mWmum . 30,Wpoint
Consolidated Undralned - with pore pressure
: .
measurements:
Muldple specimen . 3 Wmens minimum , 28S.09/spec.
Single specimen - 3 points minimum . 2S0.*Ypolnt
a
Consolidated Drained: .
Multiple specimen.3 specimens minimum ; ` 410.001
OPW
Single specimen - 3 points mWmum , . 360.00/potnt
Ditect Shear - 2.3-Inch diameta'`specimen I
Q-Test - 3 points minimum 125.00/point ~
Priest - 3 points minimum....... 185.0wpoint
lte6lding samples . 35.0each
Phyaleal/Engin"rIng Properties
Moisture Content and visual classif don ,
Attu limits tests . . . . : 40.001each
Unit dry weight and moisture content tests IS.Weach
Minus 200 mesh sieve tests . . . . 25.00/esch „
{ Hrdromda analysis (excludes specific gravity) 7S.001esch !
Bar llneu shrlnlage . . . . . . . . . 10.OWmh {
Sieve Analysis through 200 mesh sieve , 45.0weach
00 lime series (4 points mWmum) 2W.OO/each
S~f(c Vaulty . . . . . 4S.OWeach
Soil box resistivity . . . . p o s t 73.00 wh
rwnl1ACHMA&P.214s3, AJ I of 3 Ia6oiraq
j
Omni
r
Moisture Density Relationship and Subgrads Strength
Standard Proctor (ASTM D 698) $ 125.00/each
Modified Proctor (ASTM D 1557) 150.00/each j
TEX-113B 170.00/each
Processing materials greater than No. 4 35.Weach
Addition of lime and cement 25.00/oach
Classification (Unified or AASHTO) including tests 65AOrsa *
Califomia Bearing Ratio (ASTM D 1883) . . . . . . . . . . . . . . . . . . 150.00/point E
Hydraulic Conductivity Tests
Hydraulic conductivity (permeability) tests : S 150.00/each
Backpressure saturation . 60.00/each
Additional charge for hydraulic conductivity tests In excess of S days , 35.0day/spec
Additional charge for isolation chamber set up for leachate
(nonhazardous) permeant , . 50.00/spec
Sample preparation . . . . 35.00/each
Remolding sample 50.00/each
Mgd m*W damyed by hadwie will be darned at repalr/Mtsoameot cat)
111entoefte/So8/Slurry Tats
St m* preparation, bentonite-water slurry , , S SO.OWeach
St}t;) le preparatiat, soil beittonite 50.00/each
Additional charge for sample preparation w/leachafe (nonhazardous) 35.Wspec
Slurry viscosity series w/Rheometa (3 determinations w/Marsh
atioa) 150.001seres
.
S1urrl/ filtrate loss series (3 determinations) 1SO.OO~series
AgWegetea
Sieve analysis, including decantation , S 45.Weach
Specific gravity; including absorption 55.OOhach
L" Angeles abrasion 135.00/each
Sample Preparation 35.Weach e
S,#ate soundness (5 cycles) 230.00/each
1 Additional cycles SO.Od/each'
i y todded unit weights 2S.Weach -
.Decantation (minus 200 mesh sieve) $ 2s.OQkach
t Cary lumps, ASTM C 142.... 35.OOVeach
tJght Welght pleces, ASTM C 123 50.00Jeaoh
`drganle impurities, ASTM f 40 30.00/each
tnw~~stresoturss~~na 2 of 3 t.ea.w~
tt
E
s
4 No y-a3~
a
Apas>Qe4t
' . ! Oates
Concrete
Concrete mix design ('includes trial batch, unit weight, air
content, slump, and maidng cylinders for one water.
• • • • 2o0.001each
cement ratio)
• • g0.00/each
for one water~ement ratio) • .
Concrete mix &sign review (
Concrete cylinden•Mix coarkmation or job cast be EBS, 13.00leach
includes curing, testing, and reporting . 15.00/each
Concrete cylinders, cast by others and delivered to lab • 20.00/each
Concrete beams
Concrete cares • measuring, preparing, compression tesdng, . 35.00%ch
am repotting • 15.001each
ASTM C 174 • . • .
Concrete cores to length measurement,
z Hat Mix A$phaldo Concrete t 155.00/tuh )
Extraction, Percent asphalt, and gradation . 40.00/set
I Method (set of 3) .
Molding "specimens, Marshal 45.0set
set of 3)
l at oratory density ( . • . b5.Wsd
itlarshall Stability test (set of 3) • 65.Weach
' Theote" rnWrnurn density •
. 110.OWdch
Mix design revkw .
25.OO/each
S ific gravity and len th of cons
H • • • • • ~
r .
Fke ablatha Matarlalti 30.OO/ejeh
i- rieiisity determinations • .
Data ' Aaal
p6W yala 01' on ofl data mreotwwed by a Professional engineer,
pl per report (minimum) 0.2lhoun
Eng ring analysis or interpretation of data will be charged at the
appropriate engineering rate.
Laboratory Overtime
1.5 x test charge with a minimum of $59.00/hour of required overtime.
a
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' i FWrlSlrc310u~i}.t14ff~a
•
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ApdaNo. 9y-o 3e.
Ageadalterfi,* 9A
Date 9-a7-9~/
EMCON and Client shall renegotiate in good faith tl.e teens of this Agreement within th e.. A * 3
irt t Y (on days. leairily,
either party shall thereupon have the right to terminate the Agreement;
provided, however, tha
EMCON shall be compensated for services rendered to thdate of terming upon any such rminulat
HAZARDOUS OR UNSAFE CONDITIONS. Client has fully informed EMCON of, and shall immediately inform
EMCON when itbecomes aware of any new information regarding, the tyK quantity and location of any hazardous, toxic
or dangerous materials or unsafe or unhealthy conditions known or suspected at all real property where services are to be
performed ("the Project Site"). Fees shall be adjusted to compensate EMCON if conditions require EMCON to take I
emergency measures to protect the health and safety of the panics, the public or the environment.
,
j SUBSURFACE OBSTRUCTIONS Client shall supply to EMCON plans which designate the ioution of all subsurface
structures at the Project Site, and shall be responsible for any damage and shall Indemnify EMCON for all Loss
Inadvertently caused by EMCON to any structure not so designated, or by Client's inaccurate identification of underground
obstructlons. Client warrants the accuracy of any information so supplied and understands and agrees that EMCON is j
entitled to and may rely on the accuracy of any and all informalon so supplied without independently verifying its
atcuncy.
i
RIGHT OF ENTRY. Client agrees to grant or arrange for right of entry at the Project Site, whether or na owned by
Client. The cost of repairing any reasonably unavoidable damages is not part of the services or fee contemplated by, this
Agreement and shall be borne by Client. ff
REPORTING AND DISPOSAL. Client shall be solely responsible for notifying all appropriate federal, state, local or
other govertmeatal agencies of the existence of any hazardous, toxic or dangerous materials on or In fire Project She or
d1mvered during performance of this Agreement. EMCON may, In its sole discretim agree to notify such agenci,4 om
behalf of Client, as Client's agent. Client shall be solely responsible for amnging for and paying the costs to 1aw1611y
} transport, stove, treat, recycle, dispose of, or otherwise handle, hazardous or toxic substances or wastes and samples.
NO TH[RD PARTY BEN4FICIARIES. There are no third party beneficiaries of this Agreement entitled to rely on any
wick performet or repots prepared by EMCON hereunder for my purpose. Client shall indemnify, and hold EMCON
harmless against any liability for any Lou arising out of or relating to reliance by any third party on any work performed
or reports issued hereunder.
DESIGNS AND DISCOVERIES; OWNERSHIP AND REUSE. All designs, ideas, discoveries, inventions or
Improvements utilized or developed by EMCON hereunder shall be deemed property of EMCON. Client is given no right
in the form of ownership or license to such items. Any documents furnished by EMCON are not intended or represented
as suitable for reuse by Client or others; any reuse without specific written approval and/or adaptation by EMCON for
the specific purpose intended will be at the reuser's sole risk and without liability or exposure to EMCON. Any transfer
of electronic data hereunder is solely for Client's convenience "as is" without warranty as to eonteits, and is not project •
deliverable unless specifically agreed to the contrary. EMCON disclaims all warranties express or Implied with regard
to any electronic date provided hereunder, including any warranties of merchantability or fitness for a particuler purpose.
ATTORNEYS FEES AND COSTS, OTHER. The prevailing party in any action to enforce or Interpret provisions of
this Agreement shall be entitled to recover all reasonable fees, costs and expenses, Including staff time at current billing
rtes, court costs and other cIsim•related expenses, it EMCON is a:guested to respond to any mandatory orders for the
production of documents or witnesses on Client's behalf regarding work performed by EMCON, client agrees to pay all
costs and expenses Incurred by EMCON not reimbursed by others in responding to such order, Including adomeys fen,
staff time at 2urent billing rata and reproduction expenses. Any provisions of this Agreement held in violation of any
law :hail be deemed stricken and all remaining provisions will remain binding on the parties. The obligations of the
I lies to indemutily and the limitations on liability act forth in this Agreement shall survive the expiration or termination
of this Agreement This Agreement, consisting of all documents attached hereto, constitutes the entire agreement between
the parties, and supersedes any and all prior written or oral agreements with respect to the subject matter bereof. No
aTtrertdment hereto will be binding unless reduced to writing and signed by authorized representatives of each party. This
Agneemepnt shall be subject to the laws of the slue from which services of EMCON rre procured.
(Rev. 1194) Page 2 of 2
1
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GENERAL TERMS AND CONDITIONS l
i
PROFESSIONAL RESPONSIBILITY. EMCON Baker-Shiflett, inc. (EMCON) shall perform services consistent with
skill and care ordinarily exercised by other professional consultants under similar dreumsunces at the time services are
l Performed, subject to any limitations established by Client as to degree of care, time or expense to be incurred or other }
limitations of this Agreement. No other representation, warmly or guarmity, express or Implied, is included [not Latended
by EMCON's services, proposals. agreements or reports. j
RELATIONSHIP OF PARTIES. Nothing shall be construed or Interpreted as requiring EMCON to assume the status
of owner, operator, generator, person who arranges for disposal, transporter or scorer, as those terns or any other similar
terms are used In any federal state or local statute, regulation, ordinance or order governing the treatment, hurdling, storage
or disposal of any toxic or hawdous substance or waste.
BILLING AND PAYMENT. Invoices will be submitted monthly and shall be due and payable on receipt. Interest at
the rare of one and one-half percent (I.5%J but not exceeding the maximum rate allowable by law, shall be payable on
any amounts that are due but unpaid within thirty (30) days from receipt of invoice, payment to be applied first to accrued
late payment charges and then to the principal unpaid amount. EMCON may, at its option, withhold delivery of reports
and any other data pending receipt of payment for services rendered.
LIMITATION OF LIABILITY. Client agrees to limit the liability of EMCON, its officer, directors, shareholders,
employees, agents, and representatives ("EMCON Parties') to Client for all claims or legal proceedings of any type arising
out of or relating to the performance of services under this Agreement (including but not limited to EMCON's breach of
the Agreement, its professionsl negligence, anon and omissions and other acts) to the greater of S 100,0011 or the amount
of EMCON's fet. failure of Client to give written notice to EMCON of any claim of negligent act, error or omission
" within one (t) year of performance shall constitute a waiver of such claim by Client. In no event shall EMCON be liable
for any indirect, special or consequential loss or damages.
t INDEMNIFICATION. Subject to the limitation of liability above, EMCON shall indemnify, defend and hold harmless
i, Client from any claim, suit, liability, damage, Injury, cost or expense, Including attorneys fat, (hereafter collectively called
r. "Loss")prising out of EMCON Parties' breach of this Agreement, or EMCON Parties' willful misconduct or negligence
l in.connection with the perfatnsve of the services under this Agreement
Client agrees to Indemnify, defend and hold harmless EMCON Parties from any Loss arising out of (a) Client's breach
i of the Agmment, (b) Client's willful misconduct or negligence In connection with performance of the Agreement; oe (c) i
any acts taken or alleged failure to act with reaped to revers covered in the section titled REPORTING AND DISPOSAL:
i Client further agrees to indemnify EMCON Parties to the fullest ekteat permitted by law gminst any Loss arising out of
r any actual or M'ential environmental contamination or pollution, Ltcluding without Iimwm% any actual or threatened
release of toxic or hazardous materials not arising out of EMCON Parties' willful misconduct or gross negligence.
Without limiting the generality of the foregoing, Client specifically Weez to indemnify, defend and hold EMCON Partlea 5
J harmless for any Lots Linda CERCLA, RCRA or any other similar federal, state or local environmental regulation, order
or ordtnance,' where such Lots arises out of or relates to any preexisting 'actual or potential contamination and/or EMCON
Parties' performance of services under this Agreement, but does not arise out of EMCON Parties' willful misconduct or
gross negligence. Client further agrees to indemnify, defend and hold harmless the EMCON Parties Gan any 1053 to
excess of the liability limit set forth in the section titled LIMITATION OF LIABILITY, Neither party shall be responsible
for any Indirect, special or consequential loss or damages wising from this Agreement.
TIME OF PERFORMANCE, EMCON makes no warranties regarding the time of completion of services and shall not
+ be fn default of performance under this Agreement where such ortnance is
P~ prevented, suspended or delayed by any
i cause beyond EMCON's control. Neither party will hold the other responsible for damages for delays in perform
Vice
caused by Acts of Clod or other events beyond the control of the other parry and which could not have been reasonably E
foreseen or prevented Such delays will extend completion data comm eaw dely.
CHANGED CONDITIONS, It during the count of the performance of Sen:,,M conditions or circumstances develop
i or are discovered which were not contemplated by EMCON and which materially affect EMCON's ability to perform or
which would materially increase the costa to EMCON of performing, then EMCON will notify Client In writing, and
i
(Rev. 1/94) Page I of 2
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Q" Of=NrM=X" MUNICIPAL BUIL DING / 215BMCKINNEY / DENTON, TEX48 76201
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MEMORANDUM
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DATE: September 22, 1994
TO: The Honorable Mayor and Members of City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CONTRACT FOR AUDIT SERVICES
The attached agreement authorizes the City to enter Into an agreement with Deloitte i .
Touche for auditing services for the year ending September 30, 1994. Staff met k.
with the Audit Committee on March 8, 1994 to discuss the continuance of Deloitte.
& Touche as our auditing firm. In 1992, bid proposals were received in response to a',+ the City's Bequest for Proposal for Audit Services for the years ending September
30,
E,, f4, 1 nT 1992 through f 996, and the firm of Deloitte & Touche was approved by the Council. ;
• Please advise if you have any questions regarding this matter.
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Date 9
ORDINANCE NO. a{ 9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORISING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND
DELOITTE AND TOUCHE, L.L.B. FOR AN INDEPENDENT AUDIT; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorised to
execute, on behalf of the City, an agreement between the city of
Denton and Deloitte and Touche, L.L.P. for independent auditing
services, a copy of which is attached hereto and incorporated by
reference herein.
SECT=N II, That the expenditure of funds in the amount of
Thirty-live Thousand Two Hundred Dollars ($95,400.00) is hereby
authorized.
SCION IV. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of
, 1991.
BOB CASTLBBERRY, MAYOR
a i
ATTEST; '
JENNIFER WAITERS, CITY SECRETARY
: By l
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Y.
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
t BY$ '
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ApW*1 :
Date 9-a1-ff
CONTRACT YOR AUDITING SERVICES 3 ~ 4
This Agreement is entered into this 27t1: day of September,
1994 by and between Deloitte 6 Touche LLP ("K:ditor"), a i
registered limited liability partnership with an office located
at Suite 2340, Sol Cherry Street, Fort Worth, Texas 76102-6801,
and the City of Denton, Texas ("Client"), a home rule municipal
corporation with administrative offices at 215 E. McKinney,
` Denton, Texas 76201.
NNEREAD, Client desires to engage Auditor to provide audit
services as herein defined; and
1HAAEAS, Auditor is willing to provide such services;
MW WNBANYOAA, in consideration of the promises and mutual
undertakings herein, the parties agree as follows: 1
1
A. ,SCOn of SERVICES
Auditor will provide the following service":
1. Auditor will perform the annual audit of Client's
general purpose financial statements. Such audit will be
conducted in accordance with generally accepted auditing
standardsi Government Audits standards, issued by the
Comptroller o the united States ; a ngle Audit Act of 1984;
and OMS Circular A-128, Audits of State and Local Governments.
2. Auditor will issue a management letter to Client
reportinq any material weaknesses in Client's internal accounting
controls discovered during the annual audits of Client's
financial statements.
J. Auditor will pertorm the annual compliance audit of
' Client's federal financial assistance programs. Such audit will 1 j
f: ! be conducted in accordance with generally accepted auditing
standards; Government Audits Standards, issued by the
t' Comptrol Ur o the United States; OMB a Co_ mpliance Su event for
' ei le Audits of State and Local Governments! OMB Circular -128,
Au is o 8 a e an Local Governs re a A7CPA Statement on
Auditing Stan ar No. 69, om Once Auditin A licable to f
Governmental tntities and Otner Reo en s o governmental
~ F nano ~l AsA S d:'1.Ce.
4. Ali services set forth in Auditor's letter of April 11,
19940 a copy of which is attached hereto as Exhibit A.
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CONTRACT FOR kUDITING SERVICE8 3 r
This Agreement is entered into this 27th day of September,
1994 by and between Deloitte & Touch* LLP ("Auditor"), a
f registered limited liability partnership with an office located
at Suite 2340, 801 Cherry Street, Fort Worth, Texas 76102-6801, 1
and the City of Denton, Texas ("Client"), a home rule municipal
corporation with administrative offices at 215 E. McKinney,
Denton, Texas 76201.
118nzxs, Client desires to engage Auditor to provide audit
services as herein defined; and
11maRs, Auditor is willing to provide such services;
WON THRAMPOAS, in consideration of the promises and mutual
undertakings herein, the parties agree as followss
{
i
A. SCOPE. OF SFRVICES
Auditor will provide the following services;
1. Auditor will perform the annual audit of Client's
general purpose financial statements. Such audit will be
conducted in accordance with generally accepted auditing
standards; Oovernment Auditing Standards, issued by the E
Comptroller o he United a ates; e S ngle Audit Act of 1984; I
and OMB Circular A-128, Audits o! State and Local Governments. If
2. Auditor will issue a management letter to Client
reporting any material weaknesses in Client's internal accounting
controls discovered during the annual audits of Client's
financial statements.
J. Auditor will perform the annual compliance audit of
Client's federal financial assistance programs. Such audit will
' V. be conducted in accordance with generally accepted auditing
standards; Government Audits Standards, issued by the
Comptroller o the Un ted States; a C
0 W Supplement for
single Audits of State and Local Governments OMB Circular
Audits o S a e an L0Ca1 Governments; a A CPA Statement on
u ng Standard No. 67, Comiance Auditing Applicable to
Governmental Entities and other eo Governmehta
R nano al Ass s ance.
4. All services set forth in Auditor's letter of April ii,
1944, a copy of which is attached hereto as Exhibit A,
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a. DURATION Lf
This Agreement is for audit services by Auditor, a_$
specified herein, for the financial statements of Client, as
specified herein, for client's fiscal year ending September 30,
1994. Auditor is financial and compliance audit work should be
completed no later than (90) days after Client's fiscal year and.
This will allow the Comprehensive Annual Financial Report for
each fiscal year to be submitted to the covernment Finance
Officers Association preferably by December 15, 1994, but no
later than January 150 1995, subject to availability of Client's
records,
C. CLIENT RE8PON6401LILT IE6
Client understands that the proper and timely completion of
Auditor's services hereunder require the reasonable cooperation
of Client (including, without limitation, its agencies, and their
respective officers, directors, employees, other personnel and I
agents). client agrees to provide all such reasonable
cooperation requested by Auditor, includirq, without limitation,
the foilowlny:
1 - Access to, and/or copies of, client's books and
records;
Access to Client personnel;
Office space and access to support services such as
copying and tolephone;
- written representations from Client's attorneys, both
internal and external; the latter may bill Client for
such services;
Written representations from Client about the financial
statements and other matters; and
Closing of client's books and records of account in
accordance with laws, regulations and professional
t standards applicable to the services provided
hereunder.
client understands and agrees with the provisions contained
3 in the engagement letter attached as Exhibit A hereto.
D. COMPE1iSATTON - ,
Client shall pay Auditor for time charges and expenses
incurred. Auditor's standard hourly rates vary according to the
degree of responsibility involved and the experience level of the
personnal assigned to Client's audit. Except as provided
hereunder, Auditor's fees for the performance of the services
described in Section A for the fiscal year ending September 30,
1994 shall not exceed $35,200. These fees are dependent upon
Auditor receiving 150 hours of assistance from the internal
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Auditor. Without assistance lromhNh~ Tetiraa hu tor, Auditor s
fees will increase to a maximum of $40,000.
Client and Auditor recognize that the scope of services and
compensation under this Agreement are predicated upon (i) current
audit requirements imposed by laws, regulations and professional
standards relating to such services; (ii) expectations of
reasonable cooperation with Auditor by Client pursuant to this
Agreement; and (iii) the absence of any irregularities or
audit
circumstances h normal scope of necessitate auditing extension services.
Services beyond the
Should (i) irregularities; (ii) the absence of such
reasonable cooperation; (iii) increase in the level of services
required under applicable laws, regulations or professional
standards; or (iv) other unforeseen .onditions be encountered
which might necessitate the extension of auditing work beyond the
scope of normal auditing procedures, Auditor agrees to advise
Client promptly in writing of the circumstances and to request an
equitable adjustmen*, in the maximum fee before significant
additional time is incurred by Auditor. Any such requests for
adjustments shall be in writing and shall contain an explanation
of why the adjustments are necessary.
Client and Audito•' agree to negotiate in good faith to
determine an equitable adjustment in the maximum fee. should
client and Auditor be unable to agree upon an equitable
adjustment within 14 days of Auditor's written request, or such
other time period as agreed upon in writing by client and
Auditor, either party may, notwithstanding any other provision in
this Agreement, terminate this Agreement upon 7 days notice to
the other party. Client shall be liable for time charges and 1
expenses actually incurred by Auditor except for any such i
adjustmented as a result
Oadditional the circumstances expense necessitating h the been
E. NETHOD OF PAYMENT
Auditor shell submit periodic invoices for time charges and
expenses incurred as the services hereunder are performed. Such e
invoices are payable upon presentation. Client will be in
material breach of this Agreement if Clientle account becomes
ninety days or more overdue. Auditor may, at its sole option and
without waiver of any rights pursuant to the termination
provision in this Agreement or otherwise, suspend its services
and resume them upon receipt from Client of the full amount due
Auditor.
F. ADDITIONAL PROCEDURES
During the contractual perioa covered by this Agreement,
Client may request Auditor to provide services in addition to the
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SEP-22-1994 17146 FPOM UELITTE 2 TL'JCHE UITu
Date 4 -~a7 -9q
services provided hereunder. Auditor may, at its option, agree
to provide such additional services upon terms and conditions
mutually agreed upon by client and Auditor.
C. RF.NLVA4
Client may request renewal of this Agreement for two
additional one-year periods as client desires. Payment for
services for Auditor's services for the two one-year periods
shall include a Consumer Price index ("CPI") increase based upon
the Dallas/Fort North metroplex increases existing during the
years of the renewal options, and may include increases due to
changes in accounting and auditing standards which create a need
for an increase in the scope of services. It such changes have
occurred, Auditor shall notify Client of the changes and the
proposed fee adjustments.
H. INSURANCE
Upon written request by Client, Auditor shall provide Client
with a certificate evidencing that Auditor has the following
insurances (i) general liability; (ii) automobile liability; and
(iii) worker's compensation.
T. TERMINATION
Either party may terminate this Agreement at any time upon
10 days notice to the other party. Auditor shall be entitled to
compensation for time charges and expanses for all services
properly rendered pursuant to this Agreement prior to its
termination pursuant to this section.
J. SuBCONTRACTTNC
Neither this Agreement nor the eudit services to be provided,
hereunder may be assigned or subcontracted without the written t
{ approval of Client. ,
K. EMPLOYMENT PRACTICES a
Auditor agrees that in connection with the services provided
hereunder, it will comply with applicable laws and regulations
regarding equal opportunity and employment discrimination.
t,. OWNERSHIP OF WORKPAPERS AND PROPERTY
All workpapers of Auditor shall remain the property of
Auditor. Tn addition, to the extent that Auditor utilizes any of
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SEP- S94 17145 FPOM DELITTE c AflenOi
Agowtruw, 118
Data 'a 7 -gg
G
o tfon9j agree
to
services provided hereunder. Auditor Ytermsiand conditions '
to provide such additional.lisrvices upon
mutually agreed upon by Client and Auditor.
t
C. RENk.'WAL
Client may request renewal of this Agreement for twoor
additional one-year periods as client desires. triode
services for Auditor's services for the two one-year p
shall include a Consumer Price index ("01") increase based upon
the s of the Dallas/Fort andnnayaincludesincreasesnduehto
years of
. changes in accounting and auditing standardifwg~a~ ch8ngosahaved
for an increase in the scope of services.
occurred, Auditor shall notify Client of the changes and the
proposed fee adjustments.
H. INSURANCE
Upon written request by Client$ Auditor shall provide client
with a certificate (I) gneraleliability; (ii) automobile liability) and
~ ineurancet (i) g
(iii) worker's compensation.
T. fiYkM1N
{ Either party may terminate this igreement at any time upon
Auditor shall be entitled to
70 days notice to the other party.
compensation for time charges and expenses for all services
Section. Agreement prior to its
1 properyi rendered pursuant pursuant this to
l
' Y
J. SUBC*NjMCTIxa
Neither this Agreement nor the audit services to be provided x;
hereunder may be assigned or subcontracted without the written
approval of Client.
41 j. K. EMPM MINT PRACTICES
E
Auditor agrees that in connection with the services provided , it hegarding equaliopportunityiandaemploymentldiscri~ninatiolaitions
ii
T,. OWNERSHIP Of V~ %P'PM AND PRapERTY
All workpapors of Auditor shall remain the property of
Auditor. Tn addition, to the extent that Auditor utilizes any of
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its property (inoluding, without limitation, any hardware or
software of Auditor or any proprietary or confidential
information or trade secrets of Auditor) in performing the
services hereunder, such property shall remain the property of
Auditor and Client shall acquire no right or interest in such
property.
M. RETENTION OF AND ACCESS TO RECORDS
For a period of three years after the date of Auditor's
report on any audit completed hereunder, upon reasonable written
notice to Auditor and client, representatives of the cognizant
audit agency (or its designse), the Texas state auditing agency
and the United States General Accounting Office shall be entitled
during Auditor's regular business hours during the said three
year period to inspect and designate for copying Auditor's audit
workppapers relating to such completed audit. copies will be made
at Client's or requestor's expense by, or under the control of,
Auditor.
N. MISCELLANEOUS
i. Inds endent Contractor. Each of the parties hereto is
an indepen en contractor an neither party is, nor shall be
considered to be, an agent, distributor or representative of the
other. Neither party shall act or represent itself, directly or
by implication, as an agent of the other or in any manner assume
or create any obligation on behalf of, or in the name of, the
other.
i
2. Amendments. No amendment of this Agreement shall be
valid unle-s' -'i`n`-wing and signed by both parties.
3. Notice. Unless otherwise provided in this Agreement, ~I
any notice to the parties required or permitted hereunder will be
deemed to have been duly given as of the date of receipt if in
writing and delivered personally, mailed by certified mail,
► return receipt requested, or sent by overnight delivery by the
11.5. Postal Service or other indepAndent carrier, to the
followings {
Auditor:
} neloitto & mouoho LLP
Suits 2340
601 Cherry Street
Fort worth, 'rx '16102-6501
Attention: George Scott
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EFF-z~-159J 17r47 FRGS I£~.ItT-c :SCM.~:r+E .r+1: .
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~gend2lt~
Cliontt role
City of Denton 9
215 F. HCKinney
Denton, T% 76201
Attention; City Manager
Either patty may change its address for notice by giving the
other party prior writte thishseotiondandsthendatefup°nty E
with the foregoing p E
which such new address will become effective. I
4. Entire A reement. This Agreement, including all !
Fxhibits annexe ere o and made a part hereof, constitutes the
{ entire agreement between the parties hereto with respect to the
subject matter hereof and supersedes all other oral or written
representations, understandings or agreements relating to the
subject matter hereof. Neither party shall be bound by the
provisions of any pre-printed or other written terms and
conditions subsequent to the date of this Agreement relating to
the subject tmadeheffective pursuantatoithenAmendmentsnd
conditions are
subsection of this section.
j
y, Force Me~jeu_re. Notwithstanding any other provision in
this Agreement, liuditor shall not be liable or held responsible
for any failure to rform or Agreement,
obligations under this delays in performing its
ppee including but not limited to,
the completion of the audit and issuance of its report thereon,
which result from circumstances or causes beyond Auditor's 's
reasonable control, including, without limitation, dito
omissions or the failure to cooperate pursuant to this Agreement
by Client (including, without limitation, entities or individuals
under its control, or any of their respective officfio` or
directors, employees, other personnel and agents),
casualty, act of God, strike or labor dispute, war or other
# violence, or any law, order or requirement of any governm
agency or authority.
61 AuthorrItY. Each party warrants that it is authorized min
the
indiv snAgreeme tfis authorized tod enter into thisiAgreementuting
thi
7, Survival. The provisions of the following sections
hereof shall survive the expiration or ter ination of this
Agree-man D, i (last sentence), L,
S. Readings. The headings of this Agreement are for
manner
j convenience of reference only and shall not affect in any
any of the terms and conditions of this Agreement.
9. Severabi_lity. if any provision of this Agreement is
declared or lb mull and void but each other provisionhhereofh provision shall
1 be
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not so affected shall be enforced to the lull extentt perby
applicable law.
10. Governing Law. This Agreersent shall be governed by and 1
construed in accor ance with the internal laws of the State of
Texas,
IN IFITNE88 WHIAROV, Client and Auditor have caused this
Agreement to be executed and delivered by their respective duly
authorized representatives as of the date first set forth above.
CTTY OF DENTON
yt BY:
II
LLOYD V.
/:ITY KANACER
S
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ATTEST:
j1. JENNIF'E'R NALTERB, CITY SECRETARY i .
i°
APPROVED AS TO LECAL FORMi
DEBRA A DRAYOVITCH, CTTY ATTORNEY
i' 9Y•
DEMITTE i TOUCHE LLP
' Y gY~GEORGE SCOTT,
i PARTNER
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} CITY COUNCIL Hopp T FORMAT f
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D~TSt septeaber 16, 1996 i
1
Tot Mayor and Members of the City Council
1RONe Lloyd V. Harrell, city manager
BV=CTs Trod Moore Park Area Parking Ordinance Changer
The Policertment, NIC2 Committw, Parke Board and Traffic Safety Camission
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recommend approval
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SAM
officer Cabeal06 revitved the ordinance and found discrepancies in the
dorignation of parking in and around Prod Moore Parka several small changes are nd"
ions
or*
Most
but
he park aftterrhhou is d The Park *loomistat 1Dt00kp.m.tbut$ civilians realizeithlyyocanrpark
be the
at the curb line until 11100 P.O. This ordinance proposes that the he can
Bawled All entities involved agree that these changes are needed to help combat
ro" law entorcesent problems.
--~►Ya ,.re~f~TIR11Tb OR QNOUPSI i►TPYCTbDI ~E
Police Department, Parks Oepartmente and citizens of the Community
r i
keep the park property intact, keep noise level and alcohol consumption down, and
i promote"a safer environment
{ M1
Rio PULL s TMI
City Marsag0r 1 ;
Prepared bye
4
Dlroctor tngineoring i Transportation
Approvedt
C M^
Dilutor of ln9inooring iof ln9inearing i Transportation
113 8 00 3 9 9
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l CITY of DtNTON, T'tX" MUNICIPAL SUILDINO / 218 E MCKINNEY / DENTON, TEXAS 76201
y ! MEMORANDUM o.
Ito P
JP DATEi September 20, 1994
r!" s- TOf Rick Svehla, Deputy City Manager r?
PROMI Jerry Clark, Director of Engineering i Transportation
SUBJECTI `Fred Moore Park Ordinance Changes
A police officer (Officer Cabrales) who enforces parking at Fred G"
Moore Park found discrepancies in the ordinance. Enforcement was
limited due to the parking adjacent to the park not being covered k
~Y in all cases and a time conflict. The proposed changes are
necessary to deal with a severe neighborhood problem that has,
gotten mores recently.
The Park closes at 10100 p.m. but, civilians can park at the curb i
Aker line until 11100 p.a. This ordinance will change the time to be
r+ the same as the park - 10100 p.m. The proposal additions should
'J •Fr cover all adjacent spaces to the park so that late night activities
would be illegal. All entities involved (The NICE Croup, Police a
Department, legal, eto) agree that these changes are needed to help
combat some law enforcement problems. F J_
The Traffic Safety Commission and the Parks Board reviewed this
proposal and recommends approval. All parking changes will be
adjacent to city property except Wilson Street where all property
owners were contacted./.
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July 26, 1994 Apefldah -
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ITZM 02 con 'DER P1LarINO ORDINANCE ~uCEA IN Tfpt lArtp !,~'Ner Fior fne•
RXERRINCE CITY ORRINigCE 118_9111
Stall has bean working with Denton Police Department to aid the law
enforcement activities in this area, Officer John Cabrales has
provided the suggested ordinance revisions that are enclosed- The
existing ordinance is section 1s-91.
a• The first change is to move the allowable time period In the
evening from 11100 p.m1, to 10104 P.M.
,
b• 11) The second change is to add no
of L-akey street from the south right-of-way on the line aof last
Prairie to the north right of-way line of Nilson Street,
(2) Option to delete the current no parking on'the street
right-ofway (no paved street) etween Sycamore and
Prairie on the east aide o! thbe Laken rigyht-cfway.
Parks input is to leave this no parking as it is.
o. The third change is to remove parking from the west side of
Bradshaw from the south right-of-way line of sycamore to the
north right-ofway line of Nilson Street,
d, The fourth change is to correctly call out the south tilde of
Nilson Street from the east right-of-way of Lake Street to the
west right-of-way line of Bradshaw Street.
e. finally, that no parking be established on the north side of
Nilson Street from the west right-of-way line of Bradshaw 290
lest to the west.
These are all issues that will be coordinated with the Parks Board
who are also having a meeting on August 1, 1994. Parks is.
scheduling this item at StOO p.m. and we will consider it at 5130
i p.m, so both recommendations are available for final City Council
consideration, Although, there are some concerns by the Parks I
Department as to where people will park for special events. ;
Inclosed is an example of how special events could be handled par
Ordinance 15-e, A Parke representative will attend the mestinq.
Staff reoomeends approval of the parking changes to aid the Mice
Neighborhood Group and the Denton Police Department in their efforts
to make Prod Moore Park fit coV&tibllity into the area. The City I
owns the pproperty in all cases . except the south aide of Wilson
Street, All residents on the south side of Wilson will be notified
as will the Nice group. Officer Cabrales will attend to answer
questions,
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AQendaNo,. q"L'a3D
AgeedaHem ~
Minutes
Traffic safety Con Lesion bate 9'27-0
August If 1994 it 6( j0
i
PRIBINTs L. Keith Martin, Larry Luce, Betty Duncan, Irio Jackson, Kathy
Devine, Kathy 8ingleton, Mark Cow4m and Alice Core, Chairman
ABSRNTe Carolyn Bacon
STAFF$ Jerry Clark, staff Liaison
Jane Niles, Main Street Coordinator
Jim Dotson, Police Department
Lois Scobee, Administrative Secretary
1TZM 1 APPADVAL OF JULY MIN=St
Devine made a notion to approved the minutes as written.
Singleton seconded the motion. Motion passed unanimoumly.
jTZX 02 CONSIDER PARKING ORDINANCE CHANGES IN TNI FRED MOORE PARK AM
Clark presented the request. He maid this was initiated by the
Denton Pollee Departmer! In conjunction with the Legal Department,
NICE group, and others q the neighborhood.
There are several baslo ~Ungs they wish like to accomplish. The f
first one is that the pa,k *loans at WOO p.m. from 1100 p.m.
So, they wish to move t... "no parking` back to 1000 p.m.
Obviously, the police are not going to issue tickets right at
1000 p.m. but it would make thoea two match.
The second Levu* is that if you look xt the east side of Lakey,
which is the park side, from the mouth eght-o!-way of East
Prairie in the middle to the north right-of-way fins o! Wilson, it
to currently parking. The proposal is to make this "no parking"
from 10x00 ~ m. to 700 a.m. In other vo:bs, they don't want
V li.parkin there all night long in %raous activities. So,
parking during the day when activities are going on.
There would be no parking after 30x00 p.m.
There is currently a "no parking" on the south end of Lakey.
Basically, that was to keepp people from piling up in the cemetery
during various activities in Fred Moors Park. That was requested
" by the Perks Department in the original ordinance. The Parks
Department wishes to keep that for operational issues. It is
} consistent with law enforcement also.
the third change is to remove parking on the west side of Bradshaw
" from the north right-of-way line of Sycamore to the mouth right-
of-way line of Wilson. This in to assure that when the park
closes everything closes down. The original ordinance didn't call
out which side of the street was "no parking" on Wilson. This
proposal would call out the south aide of Wilson street from the
east right-of-way line of Lakey street to the went right-*fway •
line of Bradshaw.
Finally, there is a small section east of the parking lot on the
north side of Wilson. There is a little area where there is some
paraallol parking. That is part of the area we are trying to
This item is going before the Park's Board at the premert time,
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August lp 1994 Date 9'a7-
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They convened at 6100 p.m. If the commission feels that this
needs to be post poned until hearing from the Parks Scard that's j
fine. This needs to be an independent decision b9cause it is I
traffic related. The reason the Park's Board is involved is that
city Council will want to know what the Park's Board thinks of an 1
operational issue in their park.
It Park's has a special event like Junsteenth# there would be a
special provision that would allow that special event to be exempt
from this ordinance. That is current with other facilities and
that same clause would be used in this ordinance.
Lieutenant Bob Summers is present if there are any law enforcement
issues raised, it is clear and a positive mow to help the NICE ave helped
a lot woouulld 1 who kehto continue helping tthathat aideliwrk. Staff
enforcement activities.
All the people have been notified on the south side of Wilson
street.
Devine asked if L11 the parking provisions were just for the time
sons of 10100 P.M. to 7sOO a.m. Clark said that's correct. It
won't be during the day. Devine asked if that was the same for
g Wilton street. Clark said yes. Clark said parking would resume
t for the neighborhood after 7e00 a.m. The parking lot inside the
park would be available too it they needed it.
John Cobraleep Police Officer with City of Denton, came forward to
address the commission. No said the Park's Board did approve the
? recommended parking adjustments.
Cobrales said this is his district. He was looking over the City
Ordinance, section 18-91 and he noticed that there was a problem
with the way the ordinance was written. Item 01 says the east
side of Laksy street with the north right-of-way line of last
Priirie to the south right-of-way line of sycamore. There is no
I such street. That section covers a 2 toot drainage ditch that
j runs along the property line of the cemetery and the property line
of Trinity Industries and some private residences. He approached
! Stephanie Berry, Assistant to the city Attorney and Jerry Clark
requesting that some changes be made. They advised him to propose
the changes. The Chains of time to l0s00 .m. will aid him in
keeping gangs out of the park. No has talked to the gang
enforcement unit in Tort Worth and they have changed there times {
of "no parking to coordinate with the closing of their parks too.
Fort Worth has been doing such a good job that they have been
coming to Denton. Especially, on Sunday evenings riding around
f the park,
The officers are trying to control some of the noise and littering
around the park. The NICE group has asked them to take of the
nights too. The group wanted to see what they could do about
AEE00413
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ApendaNo -03
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Auqu:i It 1994 S 9-ap
Page 3 6 '
keeping the park clean, Quiet after hours, and having people not
vandalize the park property. Hopefully, this Change will help in
eliminating that problem.
One of the problems they are currently having is that the park
% closes at MOO p.m. But, they realise that they can park on the
curb line until 11i0o p.m. Therefore, officers can't do anything
unless they step onto park property. They will have their radios
going and consuming alcohol standing on the street curb line until
11100 pp.m. The Police Department doesn't have the manpower to
basically baby sit the park in order to be sure and enforce the
City ordinance.
There is currently a task force assigned to work the park on
bicyyccles from about 7100 p.m. to 3000 p.m. when the park closes.
He ie one of those officers There has been varlou■ arrests for
consumption in the park, for littering in the park after hours,
Lepading traffic, an increase in narcotic transactions on the
Dradehaw side of the park predominantly since there is only one
residences on that elde, etc. That's why he proposed the changes
in consistent with the NICS committee to keep the park property
intact, keep the noise level down, alcohol consumption down, and
littering.
' Ruby Cole, 719 Lakep, came forward to address the coomisslon. She
i said she is the chairperson for the NICE group. They have been
working with the Police Department trying to get these laws passed
to Balm the noise. As a resident and chairperson of the NICL
group and spokesperson for the NICZ group, she wishss the
h commission would consider passing the ordinance.
Sarah Parker, 736 Nilson, came forward and said ohm agrees with
the ordinance provisions brought forth tonight. There is q•ate a
bit of noise in the park. Al times of the night after the park
closes, there are people right in front of their houses with loud !
radios, people talking all night after the police have gone. she '
i hopes the commisslon will pass it,
Robbie Goldberg, 734 Nilson, agrees with the ordinance brought
forth tonight, it is redly a problem. she would appreciate
anythinq that's done. One can't watch their own TV. A lot of
times there are other things that go on. They heckle the elderly.
Coleman came forward and said she should have mentioned the west
end of Nilson street. it is beOomin a roblem because there is a
vacant lot on the corner of Lakey and Nilson. The house next to
that lot burned and people are congregating there too.
Lieutenant Summers said a florescent Bight has been put there but
it's still a problem. Gore asked It was parking. Coleman said
pes, Trash is accumulating on the lot, That •ihole area needs to
W kept clean. She wants to know it that can be included also.
Clark said If the coawission agrees in principle to what Coleman
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TSC MIHMS Date 4- a 7 4
August 10 1994
Page 4 7 *e
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has stated, staff can investigate with the police and lump it into
this. Hut, it the commission want mate information, staff can
ppresent it at the nest meeting. Another way is for the commission
4 to say that the concept is good. It will have to be the same time
frame. Although, there are some residents in the neighborhood
that has to be notified. She safest way is for staff to present
it nest month.
Cere said she would rather go with the original package and see
what problems it creates or eliminates. It might solve the
problem at this corner. Officer Cobrales could give the
commission feed back at the nart meeting.
Jackson asked it the parking lot adjacent to the park closed when
the park is closed. Clark said there are no •no parking" signs in
the of Clark asked Cobrales if that was the original intent.
Cabralee said since it is set inside the park property, it's
considered part of the park.
I
Devine asked it a sign could be placed at the parking lot to
indicate that it is closed too. Clark said that could be done. '
i
STAFF AS00MMUDIN Approval
III 00WISStom o Jackson made a motion to accept the revisions
proposed. Devine seconded the cation. Motion passed
unanimously.
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ORDINANCE NO. 41 /G
AN ORDINANCE AMENDING CHAPTER 18, SECTION 18-91 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, REGARDING THE PARKING OF
VEHICLES ON CFRTAIN PORTIONS OF WILSON STREET, LAKEY STREET, EAST
PRAIRIE STREET AND BRADSHAW STREET NEAR FRED HOORE PARK; PROVIDING
A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00);
PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 2. That Section 18-91 of Chapter 18 of the Code of
Ordinances of the City of Denton, Texas is hereby amended to read
as follows:
i When signs are erected giving notice thereof, no person shall
stop, stand or park a vehicle or cause a vehicle to be stopped or `
parked between the hours of 10soo p.m. and 7:00 a.m. upon the
following portions of public streets in the Citys 11
(1) The east side of Lakey Street from the south right-of way
line of Sycamore street to the north right-of-way line of Wilson
street.
1 (2) The south side of East Prairie Street from the east right-
of-way line of Lakey street to the west right-of-way line of
Bradshaw Street.
' (3) The west side of Bradshaw Street from the south right-of-
way line of Sycamore Street to the north right-of-way line of
{ Wilson street.
(4) The south side of Wilson Street from the east right-of-way
P. line of Lakey Street to the west right-of-way line of Bradshaw
Street.
(5) The north side of Wilson Street from the west right-of-way
4 line of Bradshaw Street tws.T hundred-ninety feet (290 feet) to the
west.
These parking regulations may be temporarily suspended by
ordinance for special events. „
SECTION II. That any individual adjudged guilty of any of the
provisions of this ordinance shall be guilty of a misdemeanor, and
I punished by a fine not to exceed Two Hundred Dollars (200.00).
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ORDINANCE NO. 4 /Q
AN ORDINANCE AMENDING CHAPTER 18, SECTION 18-91 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, REGARDING THE PARKING OF
VEHICLES ON CERTAIN PORTIONS OF WILSON STREET, LMMY STREET, EAST
PRAIRIE STREET AND BRADSHAW STREL'T NEAR FRED HOORE PARK; PROVIDING
A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS (5200.00)1
PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR PUBLICATION/ AND DECLARING AN
EFFECTIVE DATE.
1
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTioN I. That Section 18-91 of Chapter 18 of the Code of
~ Ordinances of the City of Denton, Texas io hereby amended to read
as follows:
When signs are erected giving notice thereof, no person shall
stop, stand or park a vehicle or cause a vehicle to be stopped or
parked between the hours of 10:00 p.m. and 7:00 2.m. upon the
following portions of public streets in the City:
{ (1) The east side of Lakey Street from the south right-of way
f line of Sycamore Street to the north right-of-way line of Wilson
i Street.
E' (2) The south side of East Prairie Street from the east right-
of-way line of Lakey Street to the west right-of-way line of
E' Bradshaw Street.
(3) The west side of Bradshaw Street from the south right-of-
Way line of Sycamore Street to the north right-of-way line of
Wilson Street.
(4) The south side of Wilson Street from the east right-of-way
line of Lakey Street to the west right-of-way line of Bradshaw
street.
(6) The north side of Wilson Street from the west right-of-way
line of Bradshaw Street two hundred-ninety feet (290 feet) to the f
west.
These parking regulations may be temporarily suspended by
ordinance for special events.
.
SECTION It. That any individual adjudged guilty of any of the
provisions of this ordinance shall be guilty of a misdemeanor, and
punished by a fine not to exceed Two Hundred Dollars (200.00).
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SECTION i . that if any section, subsection, Parag licaton-
tence, clcase, phrase or word in this ordinance, or app
thereof any jurisdition, such circumstance holdig l hall invalid not baffact court
of competent the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
gECrION iV. That all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective which
are Inconsistent or In contained in this ordinance narechereb repeal terms the pextent of
any such conflict.
BECTit)N V. That this ~<rdinance sh311 become effective fourteen
(11) days from the date of its passage, and the City secretary is
hereby directed to cause the caption of this ordinanne,to be pub-
lishad twice in the Denton Record-Chronicle, the offivie. %evspapor
of the City of Denton, Texas, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this the day of 1994.
BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER HALTERS, CITY SECRETARY
i ,
By t
APPROVED AS TO LEGAL FORM
DEBRA A. DRAYOVITCH, CITY ATTORNEY 1
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BY:
Page 2
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C try 01 DEM MUS MUNICIPAL SUILD1100 / 215 E. MCKINNEY / DENTON, TEXAS 78201
MEMORANDUM
r DATBI September 20, 1994
Tat Rick Svehla, Deputy City Manager
FROM$ Jerry Clark, Director of Engineering & Transportation
SUBJECTI A.T, k S.F. Railroad Crossing Nov Jim Christal Road
The enclosed agreement is the means by which the fully actuated
w 01 nalis and concrete plank crossing would be constructed by the
railroad. Phan* I of Jim Christal is complete on both sidest goo
the railroad can complete their work at any time.
All parties involved have reviewed the agreement including Legal J•
and find it acceptable. The costs are within our originally
proposed budget. This is part of the 1991 Denton County Bond
Issue. Funding is provided i through
those
funds
All work
deo and
is
ions
are coordinated with Mike Jones, P.E. Director of Public i
f Works,
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ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREENENT BETWEEN THE CITY OF DENTON AND THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE INSTALLATION
OF A CROSSING AND SAFETY SIGNALS) AUTHORIZING THE EXPENDITURE OF
FUNDS TNiER PORI AND PROVIDING AN EFFECTIVE DATE,
i
;c. THE COUNCIL OF THE CITY OF DENCTON HEREBY ORDAINSt
SECTION ti That the City Manager is hereby authorized to
execute an Agreement between the City of Denton and The Atchison,
Topeka and Banta Fe Railway Company tar the installation of {
crossing and safety signals, a copy of which is attached hereto and i
incorporated by roferenca herein,
f
I=TON .1X. That the City Council hereby authorizes the
expenditure of funds as provided in the Agreement.
SECTION T y T b That this ordinance shall become effective aimed.
E, iately upon its passage and approval.
~ t{ PASSED AND APPROVED this the day of , 1944.
i
BOB CASTLEBERRY, MAYOR
4
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ATTESTS
JENNIFER wALTL"RS, CITY SECRETARY
BYS
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
j By 1 Al. A.Z7/1
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P CITY COUNCIL AB PORT FORMAT 'O""'aft '
Date _1:17- 9S~
3 1 17
Tog Mayor and Members of the City Council
PROMg Lloyd V. Harrell, City Manager
SUBJECTg A.T. i S.P. Railroad
gZO0MKZNDATtOMs '
Approve ordinance authorizing City Manager to execute agreement
Thin agreement allows for the construction of a new concrete plank crossing (isg
Mrltinney Str*et cross.+.ng the Union Pacific Railroad) at the new Oak Street
extension Acrosg the A.T. i S.P. Railroad tracks with full actuated signals.
BAMOROUNN
The Denton County Bond Election of 1991 included the construction of a new
alignment for Jim Christal Road. This alignment moves the railroad crowing
j' aogth 1,6e0 feet from the existing crossing. The new location also aligns the
now road with the I.H. 38 overpass bridge at the Oak Street intersection. The
new street (Phase 1) has been constructed from I.H. 36 west across the Railroad
tracks (approxLmately 300 feet). The street is currently barricaded at the
Railroad tracks and will remain until the concrete plank crossing and signals are
completed.
PROGRAMS. DEPARTMENTS. OR GROUPS APPECTRDI
f The Denton county Bond Program, Engineering and Transportation Department, and
Denton City and County citlsens
I
FISCAL' IMPACTi
The now concrete plank crowing will only need minimal maintenance for a number
of years. The old existing timber plank crossing will be removed and barricaded.
RESP FULLY aU W
'Lloyd Vs'M4CV*lI
P
City Manager
k' Prepared byg
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neon, g 0 Way Agent
~Dprevedg
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JOrr a: c
" Dire r o! ngineering i Transportation
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COUNTY ROAD PROJECT
No.2 JIM CIIRfSTAI RD .
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05024012
i CONTRACT SECRETARY'S NUMBER
! 000
THE ATCHiSON, TOPEKA AND SANTA FE RAILWAY COMPANY
and
CITY OF DENTON, TEXAS
t 000
AGREEMENT: Covering land at Denton, Denton f
i County, Texas, for right of way
purposes for a public road designated
i as Jim Christal Road, located at MP
- 104 + 4123 feet, Dallas Subdivision,
r Alliance Division.
I i
DATED.
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AGREEMENT Made as of tha_day of
f 19___., between THE 4
ATCHISON, TOPEKA AND SANTA FE k
RAILWAY COMPANY, a Delaware corporation
(herein-after called "Santa Fe"), as First
Party, and Denton, Texas, a political
subdivision of the State of Texas herauntoduly
authorized thereinafter called `City"), as
t Second Party,
'r WITNESSETH:
SEiiIIAL&~
City desires to use a certain portion of Santa Fe's property at Denton, Denton I
County, Texas, designated at Jim Christal Road, which is agreeable to Santa Fe upon
cd,
the terms and conditions hereinafter stated.
AGREEMENT
AabCLE l;
1. Santa Fe, for in consideration of the sum of One and No1100
Dollars ($1.00), the recapt whereof is hereby acknowledge, and of the full and
I
faithful performance by City of Its covenants hereinafter set forth, hereby licenses City
to use a portion of Santa Fe's property situated at Denton, Denton County, Texas, for
the purpose of constructing, maintaining and using a pu blic road, license to use which
is hereby given, being shown shaded on print, dated July 27, 1994, hereto attached,
marked Exhibit "A", and made a part hereof,
2. Santa Fe agrees that it will, at City's expense, make adjustment
to railroad signal and communication overhead lines, at the crossing location, If
necessary.
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II AGREEMENT Made is of the-day of
f 19,E between THE I
j ATCHiSON* TOPEKA AND SANTA FE
RAILWAY COMPANY, a Delaware corporation
therein-after called "Santa Fe"), as First
Party, and Denton, Texas, a political
subdivision of the State of Texas hereunto duly
authorized (hereinafter called "City"), as r
Second Party,
WiTNESSETH:
flE.Q IIALfi:
City desires to use a certain. portion of Santa Fe's property at Denton, Denton
County, Texas, designated at Jim Christal Road, which is agreeable to Santa Fe upon
the torms and conditions hereinafter stated.
AGREEMENT
r d ARTICLE
Santa Fe, for in consideration of the sum of One and No/100
{ Dollars (41.00), the receipt whereof is hereby acknowledge, and of the full and
faithful performance by City of its covenants hereinafter set forth, hereby licenses City
to use a portion of Santa Fe's property situated at Denton, Denton County, Texas, for
the purpose of constructing, maintaining and using a public road, license to use which
is hereby given, being shown shaded on print, dated July 27, 1994, hereto attached,
marked Exhibit "A", and made a part hereof.
y 2. Santa Fe agrees that it will, at City's expense, make adjustment
to railroad signal and communication overhead lines, at the crossing location, If
I necessary.
i
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3. Santa Fe agrees that It will, at City's expense, Instal active
s,
warning devices at the public road grade crossing of Santa Fe's track.
4. Santa Fe agrees that it will, at City's expense, install crossing
surface on Its Track, provided that in the event of discontinuance or use by Santa Fe, '
all obligations assumed by it hereunder shall cease and be at an end.
F
5. Santa Fe agrees that it will, at City's expense, and upon
' compietion of Jim Christal Road, remove existing timber crossing and crossbuck signs
at Scripture Street.
S. Santa Fe agrees that it will, at Its own expense, maintain the E
I
i
crossing surface within the limits of the ties, and the grade crossing vehicle traffic
control devices, however, Santa Fe shall be entitled to receive any contribution toward
the cost of such maintenance as may be now or hereafter made available by reason
of any law, ordinance, regulation, order, grant or by other means or sources.
A&ICLE 11
In consideration of the aforesaid license, City covenants and agrees to
and with Santa Fe as follows:
F t, That it will use the licensed preAlses exclusively as a site for a
public road.
2. That it will not let or sublet the whole or any part of the licensed
premises for any purpose whatsoever or assign this license without the written
consent of Santa Fe In each instance.
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3. That in case of eviction of City by anyone owning or claim g title
to the whole or any part of the licensed premises, Santa Fe shall not be liable to City
for any damage of any nature whatsoever.
4. That If the licensed premises, or any pert thereof, cease to be used
at any time for the purpose licensed, City will deliver up to Santa Fe the possession ,
of the whole, or such part so ceased to be used.
5. That it will, at no expense to Santa Fe, and subject to the
supervision and control of Santa Fe's Engineering Department, locate, construct and
r'
maintain the public road In such a manner and of such material that it will not at any '
time be a source of danger to or Interference with the present or future tracks,
roadbed and property of Santa Fe, or the safe operation of Its railroad. City shall
construct the public road, and any drainage facilities required because thereof, in such
i a manner as not to parmit damage to Santa Fe's property or adjoining property. In the
i
event of a breach of this covenant at any time, City will, within ten (110) days after
E receipt of a written notice from Santa Fe thereof, do whatever may be necessary to
fulfill its obligations under this section and, failing so to do within said time, Santa Fe
may do so at City's expense, bill for wh!ch City will promptly pay,
6. That it will do no work on Santa Fe's property without first
contacting Santa Fe's Supervisor Field Engineering, at Euless, Texas, and securing his
approval to proceed with the work.
7. That no legal right of Santa Fe to maintain, use and relocate the •
railroad track or tracks or other rairoad facilities now located upon the licensed
t
premises, or to construct and thereafter maintain, use and relocate any additional
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track or tracks or other railroad facilities as it may desire upon. -ir across sal Nerts9d
premises shall be in anywise affected by the giving of this license.
8. That if, at any time during the term hereof, Santa Fe shall desire
to make any use of the licensed property with which the public road and drainage
facilities will in any way interfere, including the relocation of existing or the i
construction of new tracks, pole lines, wire, conduits, etc., in which it shall have an
Interest, City shall at no expense to Santa Fe, make such changes In the pubtic road
and drainage facilities as in the judgment of the Santa Fe may be necessary to avoid
interference with the proposed use of its property.
8. That It will bear and pay the entire cost of constructing and i
maintaining the public road, including any drainage facilities required because thereof,
upon the licensed premises except that portion to be maintained by Santa Fe as
"IJ covered under Section 6 of Article i. That it will also bear and pay the cost of the
i work as covered under Sections 2, 3, 4 and 5 of Article I.
j
10. That If it shall become necessary in the future reconstruction
end/or maintenance of sold public road and drainage facilities to make any changes
I
or alterations In Santa Fe's right of way fences, signal, power andlor communication
pole and wire lines, and/or other facilities located up6n the licensed premises, such
j changes or altercations, if agreeable to Santa Fe, will be made by Santa Fe at City's
expense, bill for the cost of which City will promptly pay,
11. To make any and all arrangements that may be necessary to secure
the location or relocation of wire lines, pipe lines and other facilities owned by private
persons, companies, corporations, political subdivisions or public utilities other than
I
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p~gendaNo q y' 0 3 a
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Santa Fe which It may be found necessary to locate or relocate n a manner
whatsoever due to the construction of said public road.
12. To appoint and keep competent inspectors, engineers or other
authorized parties on the work to be done by City during the progress of such work,
and to give Santa Fe reasonable advance notice of the performance by City, or any i
f
li contractor employed by City to construct said public road, of any work upon, along,
If over or across the right of way and tracks of Santa Fe which might render unsafe the
i
operation of trains on the tracks of Santa Fe.
E
13. That the contractor contracts to be lot b CitY for the construction
Y
i
of the work to be undertaken by it hereunder shall provide:
l'
A. Standard Manujagturer's and Contractor's
Liability Insurance. The Contractor shall furnish i
evidence to Santa Fe that, with respect to the opera -
lions he performs, he carries regular Contractor's
Liability Insurance providing for a alma of not less
than One Million Dollars (41,000,000.00) for all
damages arising out of bodily injuries color death of
i one or more persons in any one occurrence, and Property
Damage Liability Insurance providing for a limit of not
less than Five Hundred Thousand Dollars 14500,000.00)
for all damages arising out of Injury to/or destruction
of property in any one occurrence and subject to that i
limit per occurrence, a total (or aggregate) limit of
One Million Dollars 141,000,000.00) for all damages
arising out of Injury to/or destruction of property
during the policy Period.
i
! If any part of the work is sublet, similar
Insurance shall be provided by or in behalf of the
subcontractors to cover their operations.
S. Contractor's Protective Liability Insurance.
The Contractor shall furnish evidence to Santa Fe that,
with respect to the operations performed for him by
subcontractors, he carries, In his own behalf, regular
Contractor's Protective Liability insurance providing
I
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for a limit of not less than One Million Dollars
151,000,000.00) for all damages arising out of bodily
Injuries to/or death of one or more persons In any one I a
;
occurrence, and Protective Property Damage Liability
Insurance providing for a limit of not less than Five
Hundred Thousand Dollars (5500,000,00) for all damages
arising out of injury to/or destruction of property in
any one occurrence and subject to that limit per
j occurrence, a total (or aggregate) limit of One Million j
Dollars (51,000,000,00) for all damages arising out of
Injury to/or destruction of property during the policy
period.
C. Railroad's Protective Liability an Prooemr i
Qamage and Physical Damage to Proper Insurance. In
addition to the above, the Contractor shall furnish an
original policy to Santa Fe, with respect to the
operations,he or any of his subcontractors perform, I
provides the Standard Railroad Protective Liability
j Policy, with coverage for Bodily Injury, Death and
Property Damage limited to a combined amount of Two
Million Dollars 152,000,0001 per occurrence, and
subject to a total (or aggregate) limit of six million
dollars {56,000,000),
t D. General, The Insurance, as specified in I
Paragraphs A and B above, shall be carried until all
work required to be performed under the terms of the
contract Is satisfactorily completed as evidence by the
formal acceptance by Santa Fe.
The Insurance, as specified In Paragraph C above, shall
be carried until all work to be performed on the
Company's right-of-way has been completed.
14. That if it is determined necessary by Santa Fe during the
s construction or maintenance of said public road to provide flagmen and Inspectors to
i Insure the safety of railroad operations, the cost of providing such flagmen and
Inspectors will be borne by City.
16. That it will release and vacate the licensed premises occupied
by the public road, remove the public road from the licensed premises and otherwise
f
W&NO
Dates y
fully restore the premises to the condition In which they existed prior to the be nning
of the work herein covered, immediately after the need for such public road ceases
5 to exist.
16. City shall and will, and does hereby agree, Insofar as permitted by
j '
law, to assume and discharge, and indemnify and save harmless, the Santa Fe and the
successors and assigns thereof, from and against any and all liability, loss, damage,
cost, expense, claims, judgements, or attorneys' fees for or on account of personal !
i I
Injuries to or death of persons or damage to or loss or destruction of property, directly
or indirectly caused by, due to, arising out of, or In connection with, the maintenance
} 'operation, use, removal or existence of that portion of the public road herein
described, except in any instances of such events which arise out of the sole
S negligence of Santa Fe. t
17. City agrees future traffic control systems at the crossing or '
crossing Illumination will be Installed at no cost to the Santa Fe.
18. City will furnish, install, and thereafter maintain pavement
markings, advance warning signs, and traffic control signs In accordance with
applicable portions of the Manual on Uniform Traffic Control Devices and will provide
r traffic control during construction or maintenance op6rations to accommodate work
by Santa Fe. {
`r 19. That this license Is made subject to all valid, existing and future
contracts, agreements, licenses and easements which may affect said licensed
property, covering roads, public and private; pole lines and appurtenances; water
lines, or other facilities.
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20. That all of the covenants hereof shall inure to be b949 of the
successors and assigns of Santo Fe, to the same extent as to Santa Fe.
21. City does not warrant nor represent hereunder that it will levy any
special tax not assessments to pay any claims or Judgements referred to in Peragraph
18 of this Article II hereinabove, which may arise as a direct result of the maintenance
{ operation, use, removal of the public road herein described.
i
22. City recognizes that Santa Fe Is actively pursuing the sale of this
property that Is the subject of this agreement, and that in the event of the sale, the
purchaser will assume Santo Fe's obligation under this agreement, and City will
release Santo Fe from all further obligations.
23. City agrees upon completion of Jim Christal Road to close that portion
of Scripture Street as referenced in paragraph 16, and shall place barricades and signs
In accordance with applicable portions of the Texas Manual on uniform Traffic Control
y
! Devices, 1
. 24. City agrees to furnish and place fill material for signal house and signal I
foundations,
ARTICLE III
1, The City, shall provide an advance deposit in the amount equal to the '
i
estimated cost of material set forth In Exhibit "B", after which City shall become
owner of the material. Santo Fe upon receipt of the advanced deposit, will schedule
and perform the work as set forth herein, subject to condition covered under Section
22 of Article IL
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2. City agrees to promptly pay Santa Fe upon completion of all work by
Santo Fe and receipt of an Itemized Statement from Santa Fe an amount, when
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combined with the deposit equal to the amount shown on the ite~e~dl,~tfor -
the total cost of the work performed by Santa Fe. It the total cost Is less than
deposit, Santa Fe will refund excess to City. ; u
IN TESTIMONY WHEREOF, the parties have executed this agreement, in j
duplicate, of the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE '
RAILWAY COMPANY 1
BY
It; Manager Public Projects
CITY OF DENTOM, TEXAS
Y
r Its, Mayor
{
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Assistant Secretary for Railway Company {
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APPROVED
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EXH.YSYT a.A.~
ATTACHED TO CONTRACT BETWEEN AQMIO8N0`
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY C yCD
CITY OF DENTON, TEXAS ~l18 9 a.Z'9°~
i
KANSAS CITY, KANSAS
SCALES 1•m1001
ALLINACE DIVISION M. W. FRANKE
R DALLAS SUBDIVISION CHIEF ENGINEER
DATEs JULY 270 1995
a
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Jim ChtlStaj Road 2~
O.O.T. eov 078o K
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100141Z
NC~ e Bat 1'6 14-
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O+PI aSSr49 g Mein Trek Te De/ ..Jr i
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N, R.O.' a so►D 3v Seem's Aio.SOO(00 M.R.O N
M.26.. R-:I►2JT • 14 47'a~' c•3l2Nr
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Underpass
DESCRIPTION.
{ A PARCEL OF LAND CONTAINIM 61730 SQ. FT.
MORE OR LESS SHOWN SHADED, INCLUDING A
54 FOOT CONCRETE CROSSING.
AT DENTON* DALLAS COUNTY, TEXAS
rILE NO. 05024012
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i THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
1j FORCE ACCOUNT ESTIMATE FOR
CITY OF DENTON t7 a I
AP91N. 9Y
DEMON, TX.t RELOCATE THE PUBLIC CROSSING FROM MP 105.1 TO NV 114.76 d N
safe's a a sal se so a a asessaaas a saes a natal as as as eta s a as s ease gas tamest Dat9~9~~l
COST ESTIMATE FOR WORK IN CONNECTION WITS REMOVAL OF THE EXISTING I-TRACK aT `-J
24 f7 CROSSING SURFACE 1O.O.T. 040. 021 72061 AT MU' 165.10 AND INSTALLATION V 6
OF 1•T9ACK $4 FT CONCRETE CROSSING SURFACE INC(UDTNO GATES/FLASHERS AT
3 I1P 104.76 (JIM CHRISTAL ROAD) IN DEMON COUNTY, DALLAS SUBDIVISION,
SOUTHERN REGION..
JA SDSD•93
i lasat2lagIons asaat as gases sagas ssglsassmaxaagatsasato asgg,a slat a ag,s*&so$a,amaassaalt*Stevens a alga■asa as 9 a$ to a ,
ACCT CST RSN DESCRIPTION QUANTITY UNIT SUBTOTALS TOTAL COST
aaaa:• @a ass a sa vs as ease aaaa&eggsass asst as at se lass a a ass s gag-tax$ama aaaa*$sit ass ass as as sit eat ass. ea 2298 as 8 tail
LABOR
0 401 CONSTRUCTION SUPVR 1,600
a 416 ENGINEERING SIGNAL S,100 Ii
a 410 SIGNAL LABOR 6,695
6 431 ENGINEERING 52
a 430 PLACE CROSSING MATERIAL 666
6 436 PLACE FALRIC/PIPI 444
a 430 REMOVE CROSSING MATERIAL 444
6 436 ENGINEERING/CLOSE-OUT 156
6 430 ENGINEERING/TRACK 156
a 163 PLACE TRACK PANELS 444
' a 241 INSULATE 12).06-911 SW. 666
a 242 REMOVE TRACKAGE 444
6 242 MELDS 666
r~ a 292 UNLOAD DALLAS? 266
-a 294. SURFACE TRACK 626
• PAYROLL ASSOCIATED COSTS 9,206
' SUDSTSTENCE ALLOWANCE 6,630
...INSURANCE 2,562 .
TOTAL LABOR 31,579
M `
MATERIAL
r' 1126 319 410 ASSEMBLY, no, 5565-19 MICHWIND GUARD 2.110 EA 79 ^
1126 319 416 BATTERY, 6 CELLS/164 AN 1.011 LS 756
y 1124 319 419 aATTERY, 6 CELLS/276 AN 1.610 EA I,4T't
1120 119 406 SELL 2.116 EA 415
,1126319 466 BONDING, RAILHEAD 3.000 I111 3S6
' 1121 511 410 SONDINO, YES 3.111 NTF 541 f
.1120 319 418 CAA." $46.406 LF 942
Ilt$ 319.400 CABLE, NO. 4-AWO, CODE aVOLUTAa, 116.010 FT 21
1121 319 416 CONTROLLER NO. 251632-119 1.011 EA 2,357
1120 311 411 EVENT RECORDER - 1.044 EA 1,511
1124 319 410 GATE W/FLASHER, 21-32 FT 2.604 EA 11,463
1120 $19 461 MRNON W-3 SINGLE TK SYS a . 1.104 [A 24,361
1120 $19 464 LENS, T4 DEGREE 4.400 EA Si
1121 319 400 METER SERVICE, AERIAL CONNECTION 1.406 EA 241
` 1121 319 406 POWER-OFF INDICATOR 1.066 EA 44
+ 1120 319 406 SIGN, DOUBLE SITED CROSSBUCN COMPLETE MITN 2.4011 EA 363
- 1120 319.460 SPARE PARTS FCR MARMON SYS 1 1.100 EA 4,016
1126 319401 WIRE, TRACK 040. 6 TWISTED 201.160 LF 164
1126 S19 434 CONCRETE COMING-1160 MAIL 54.104 IF 6,476
b - 1111 319 436 FILTER PANIC 66.606 ST 216
112/ 319 436 PIPE, 6 IN C11 PERT 129.061 IF 514
1 1126 341 151 TRACK PANEL, IIVILS LB - 39 FT 2.000 EA 2,191
.1116 340 )00 INSULATE 96 LR 16.5 FT SWITCN 2.060 EA 616
1126 $06 240 JOINT) 90 LR INSL 6.046 EA 11591 {
1126 346 261 STEP JOINT, 1151110 t1 LN 2.410 EA 24S
11:0 S/0,201 STEP JOINT, 1151110 t6 R11 2.000 CA 245
1120 311 261 BALLAST, DAVIS 72.111 CY 541
1120 319 204 SOUTET WELB 2.010 EA 120
i 1121 319 450 FUEL AND SUPPLIES 2.410 LS 214 ti
} MANDLtNO 4,31S
1 TRANSPORTATION 1-273
TOTAL MATERIAL 69,227,
f
t OTHER
f L120 794 404 DIRECT SMIPMEM 9,714
1126 796 441 METER SERVIC[ S04
L126 399 436 STABIL[2ATION IN PLACE 625
. ~.YIAa~i Pi(r~XVJVaJ M.....M+..r... ..i n. e.........,i....._..
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TAE ATCHISON, TOPEKA AND SANTA ►E RAILWAY COMPANY
FORCE ACCOUNT ESTIMATE ►on I
~ 1420 414 431 ►RONT END LOADER CITY Or DEMON 1,008 3 a
j 1120 034 430 WIPATOR ROLLER A~eadeNc
1120 790 292 WORK TRAIN 1,=00
AW~
TOTAL OTHER QUIFNEXT RENTAL
Dt li,SOS
2ILLIN0 AND ACCOUNTING 17 l l 1.204 u
CONTINGENCIES _ 12,7LS '
LESS SALVAGE 211
TOTAL ESTIMATED COST i1+0,207
[ 1
j - •uaa aaa a~u
r . THE A.T. AND S.P. NY. CO. .^c`..
CHIEF EMGIMEEO SYSTEM - KANSAS Cf1Y
`i OATEN April 14, 1195
1'ILEN 74• 000.01940.1.1
AKP 0213 I
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`f THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
E FORCE ACCOUNT ESTIMATE TOR '
CIri OF DENTON
1x20 4S4 430 FRONT ENO LOADER u 1,000 Q~3 .i
1120 434 430 VIBRATOR ROLLER N"Wo=-'a
1120 7402!2 WORK TRAIN 1,200 ,F/
AWO fQIJIPMENT RENTAL
TOTAL OTHER Q 1l,S03
RULING AND ACC"TINO IT +7 1,244 b
CONTINGENCIES 12'T0S' '
LESS SALVAGE. 21L
r ' . s TOTAL ESTIMTED COST - 0140,207•
~ 1 rr rroura rv ~ .
s ,s THE A.T. AND S.F. RY. CO. I
CHIEF ENGINEER SYSTEM - KANSAS CITY I
s DATES " April 14, 1993 ]
filfs " 74- 008-01140-1-1
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-43
No
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CITY COUMC1L REPORT roam A I / f
DATA September 16, 1994 444
T0s Mayor and Members of the City Council
rROMI Lloyd Y. Harrell, City Manager
SUBJLCTs CMAQ (Controls 918-46-910)136-10-9001131-09-903)
Si TIONt
i
Approve ordinance authorising the City Manager to execute an agreement betwwon
the City of Denton and the Texas Department of Transportation
BUMMARY/BACICGROUMD~
The Texas Depfrtment of Transportation through the Worth Central Texas Council
of Governments will reimburse the City for the cost of the
equipment and the
4. labor for the installation o!/ Traffic Signal at the intersection of U.S. 377
(Ft. Worth Oct) at Carroll boulevard and Collinsi 2) U.S. 380 jUniversity Delve)
135 to U.S. 770 Traffic signal interconnects 3) O.S. 380 (University Drive( U.B.
77 to Loop 288, Traffic signal interconnect.
The,ingLneering Transportation Department has made application to fund various
7
projects throwg ~ the intersadal Su
_ rtace Transportation !liteienoy Act of 1991 ~
( t6TIAO)o SANt 1 and 2 of 9 Of the attached agreement gives the specific acts
establishing the programs which will provide funds for the listed projects.
f The City's traffic and electrio crews will construct the projects. Once j
completed, &A actual construction cost of materials and labor will be submitted
for reimbureeawnt as detaihbd in the agreement.
PROGRAMS& blPARTMEHTe OR GROUPS A_PrICTtD1
oonqestion Mitigation and Air Quality improvements program (CHAO),
ingln"cLng/Transportation Department and general public
lIfOAL I~AC2~ ~ .
Perpetual maintenance and utility (electric power) cost associated with the
? operation of the traffic signal and interconnect systee are existing. These
programs should reduce delay and Lnereaee •ffLciency s4"U7:
sands of Mars.
tDs
ed bye City Manager
Prepar
I, s
Di toar ingineering a Transportation w
' Approved
igray C1
D ator 1ngineerinq i Transportation
A1i00398/31/1•
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Agemano R-
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Def, - a I - Yk _
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4
01TY *f DYNTON, rfX" MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201
•
MEMORANDUM
DATEt September 20, 1994
TOt Rick Svehla, Deputy City Manager
FROMs Jerry Clark, Director of Engineering i Transportation
' SUBJECTt CMAQ Program Contract Agreement
The three projects to be included are the following: I
A. US 377 at Collins/US 77 Traffic Si- gal
B. US 380 Traffic Signal Synchronizat on Program
4 From 135 to US 77
C. US 380 Traffic Signal Synchronization Program
From US 77 to Loop 288
These thras programs will reduce delay, limit unnecessary stops,
r t and improve safety. The US 377 signal has been warranted for a
i
couple of ears. US 380 as
w last s nchroinzed i
In 1987-88. So
Y it
1
Is ready to be updated with timing plans based on current traffic
Volumes.
We recommend approval of the TXDOT standard agreements for these 3
projecto based on force account construction. Force account work
is completed by the City and reimbursed by the CRAQ program through
TXDOT.
' Jer y 1 k
AEEC0428
8171588.6200 D/f'W METRO 434-2529
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'4QeRoaNO 9
ORDINANCE NO. aQandalt }
was 77. 9 y
K/1
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BE'l11EEN THE CITY OF DENTON AND THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING AND
INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
f fiZ2MQN I That the City Manager is hereby f
oxecute a Congestion Mitigation and Air Quality I rovement Ag to
sent between the City of Denton and the Texas epaartmennttof TTrrans
Por ation for the turniehinnqq and installing of traffic signal* by
a municipalityo a copy of which is attached hereto and incorporated
by reference herein.
That the City Council hereby authorizes the
expenditure of funds as provided in the Agreement.
That this ordinance shall become effective imaed
lately upon its passage and approval
PASSED AND APPROVED this the day of
, 1994.
i BOB CtSTLEBERRY IAYOR i
ATTEST:
JENNIFER NALTXR9, CITY SECRETARY
i j
BYt
i
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH$ CITY ATTORNEY
i ,
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BY;
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k
~nda~o y-esa
AgreeraerAQ@tl~ltem ~
STATE OF TEXAS X16 j 1-W
4 ~7
COUNTY OF TRAVIS
CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
AGREEMENT FOR THE FURNISHING AND INSTALLING OF
TRAFFIC SIGNALS BY A MUNICIPALITY
THIS AGREEMENT, is made by and between the State of Texas, acting through
the Texas Department of Transportation, hereinafter ealled.the "State,, and
the North Central Tetras Council of (7avernner►t,a Metropolitan Planning organization,
chartere under the laws of the State of Texas, acting by and through the
II
city of Denton , Denton County,
Texas, hereinafter called the "City", acting by and through is duly
authorized officers.
iClTti~~&ETti
WHEREAS# the Intermodal Surface Transportation Efficiency Act of 1991,
("ISTEA") codified under Title 23 U.S.C. Section 101 eat seq, establishes
the National Intermodal Transportation System that is economically i
efficient and environmentally sound, provides the foundation for the nation
r t, to compete in the global economy, and will move people and goods in an 1
energy:efficient manner; and
WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation
and'alr quality improvement program ("CMAQ") to contribute to the
attainment of a national ambient air quality standard to be implemented by
the States' Transportation Agencies; and
WHEREAS Title 23 U.S.
, C. Section 134 establishes that Metropolitan Planning
Organizations ("MPO's") and the States' Transportation Agencies develop
transportation plans and programs for urbanized areas of the Statef and
WHEREAS; Title 23 U.S.C. Section 120 establishes the Federal share of.
funding for CMAQ programs involving the procurement and installation of
traffic signals as defined elsewhere in this afreement; and
} WHEREAS, the State is empowered under existing laws to operate and maintain
f a system of highways and roadways for public use and banefitt and
WHEREAS, the City has requested the State to reimburse the Federal
allowable percentage of the cost of installing traffic signals and other
items directly related to the operation of an intersection at the „
intersections established herein, hereinafter called the "Project"; and
CMAQ:FED
CITY FORCES 1004 02/0;
Sheet 1 of 9
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Date 4 ' a 7 `,?a~
WHEREAS, the Project has been designated as a federal-adroect and thus
this agreement shall bemadd in accordance regulations; Federal Highway
Administration (FHWA) procedures
WHEREAS, the City has offered to participate in the development and I
construction of the Project as defined elsewhere in this agreement; and EI
WHEREAS, on this day of 19 the City Council
passed Resolution/Ordnance No. , attached hereto and
identified as Exhibit "E", author z ng the City's participation in the
development and construction of the Project; and
WHEREAS$ the State will secure the federal cost share, and reimburse the
City for their appropriate cost associated with the project as defined
elsewhere in this agreement, and
WHEREAS, on the day of July _ 1993
f+ the Texas Transportation commission passe H nuts order 102542 ,
authorizing the Project through the state Transportation Improvement
Programs and
WHERW , the State and the City are authorized under Article 6673b,
V.T.C.S, to enter into this agreement for the purposes defined herein;
BaBZBMEXI
NOW THEREFORE, in consideration of the premises and of the mutual covenants
' and agreements of the parties hereto to be by them respectively kept and
portormai as hereinafter set forth, it is agreed as follows:
ARTICLE 1. CONTRACT PERIOD
?his agreement becomes effective on final execution by the State and shall
remain in effect as long as said traffic signal (a) is/are in operation at
} the described location(s) and the signal Project is incomplete, or unless
otherwise terminated or modified as hereinafter provided.
n j.
r ARTICLE 1. RAPSANTING DATA
The City will be responsible for collecting and preparing the required !
warranting and justification data for each signalized intersection. The
data will be furnished to the State in a format approved by the State.
} Only those intersections that are warranted and approved by the State will
be eligible for signalization under this agreement.
CMAQ:FED 02/94
CITY FORCES 100%
Sheet 2 of 9
A~enQalter~E'~ ~
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ARTICLE 3. ItiTERS'dCTION LOCATIONS
A. All State-approved intersections which are included as part of the "on 4
State Highway System" will be acknowledged in Exhibit "A", attached hereto
and made a part of this agreement.
All ,ed state-approved in Exhibit intersections attached hereto and are "Off State Highway Sarypteofm"
will be acknowl
this agreement.
ARTICLE 4. PAYMEI.R'S
A. The plans associated with the construction of the traffic signhls will
be developed by the City, unless noted otherwise in paarraapht"C"Sbelow• ha tate,
The construction plans, which will require final approval Y';n Texas Manual
shall be prepared in accordance with the latest Adition of
on Uniform Traftic Control Devices (TMUTCD).
B. - The City will c?netruet the project with City forces 'P+4•..'.,rdance with
the plena and the TW'& D. Any variations will be noted :a ptigraph "C"
below.
C. Variations: None
si
171
i. }
ARTICLE 5. INSPECTION OF WORK
A. The State shall make suitable, frequent, and complete inspection of all
materials, and equipment, and the work of installation to determine and
permit certification that the Project and its components meet all
applicable requirements of the plans and specifications in suitable
condition for operation and maintenance by the City after its completion.
` B. The City will provide opportunities, facilities and representative
sam may be required, to enable the State to carry on suitable,
,
freqleauent, as and complete inspection of all materials, and application I
methods, sufficient to afford determination and certification by the State
that all parts of the installation and the component materials comply with f
plans and specifications,. The State will
~
ir..manis of the approved •1.
e
the r qu
promptly notify the City of any failure of materials, equipment or
installation methods, and the City will take such measures as necesbary to s
obtain acceptable systems components and installation procedures without.
delay.
CHAWED 02/94
CITY FORCES 1001
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w~.+vnIMnG:.I. ~V.M iyAMIDaemr
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ARTICLE S. PERSONNEL, EQUIPMENT AND MATERIAL Date alter~._ 4 E
A. The City will use labor and supervisory personnel 4:0'yl~(dvirectly by
the City, and use City-owned machinery, equipment, and vehicles necessary for
the work. In the event that the City does not have the necessary machinery,
equipment, and vehicles necessary to perform the work; the machinery,
equipment, and vehicles may be rented or leased as necessary at the low bid
price submitted by at least two approved bidders.
B. Reimbursement for the use of materials purchased by other than
competitive bid procedures will be made only if such procedures are shown to
be in the public interest and provided the State shall have given prior
approval for the use of said materials. All materials used for the work
shall be new and undepreciated.
ARTICLE 7. COMPENSATION
A. The maximum amount under this agreement without modification is
$ 101.146.48 A cost estimate of the work authorized
for' each intersection listed in Exhibits •A" and "e" shall be provided in
Exhibit 'C", attached hereto and made a part of this agreement.
B. The State will reimburse the City the cost of furnishing and installing
the traffic signal equipment according to the location and manner of
construction as shown and described in the plans and specifications. The
State will reimburse the City for 100% of the allowable costs for the
locations described in Exhibit "A It is estimated that the cost of
construction inspection will be 5% of the project construction costs. The
State will reimburse the City for 791 of the allowable costs for those
locations described in Exhibit "B The City will be responsible for all
r costa in excess of 79% of allowable construction costs for locations
described in Exhibit "B". {
C. The State will reimburse the City for properly supported costs incurred
under the terms and conditions of this agreement. Costs incurred prior to
the issuance of a written "Work Order" by the State will not be reimbursed
except for materials already on hand. Reimbursement will be made by the
State to the City for labor, equipment use, materials, supplies, travel
expenses, and warehouse or material handling charges provided the City has
aid from City funds their obligations covering items of costs previously
I billed.
f l D The City shall comply with the cost principles established in OMB
Circular A-87, "Cost Principals for State and Local Governments'".
1 ,
I CHAO:FED 01/94
CITY FORCES 100% (MOD)
Sheet 4 of 9
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ARTICLE S. PAYMENTS Date 9-21'9y
A. The City shall submit the State's Form 131, Billing Statemenl,1or other
type of invoice acceptable to the State upon completion of the Project (or on
E a quarterly basis wherever the work and materials provided for and
j contemplated under this contract have been found by the State, based upon an
inspection made by the State to be satisfactorily complete and installed on
any individual signalized intersection and/or section of roadway as approved
by the State for partial acceptance by letter) for the work/or equipment
which as be accepted by the State.
S. An original and four (4) copies of the Billing Statement should be
submitted to the following address:
Texas Department of Transportation
Director of Transportation Operations
PO Box 3067
Dallas, Texas 75221-3067 ;
C. All billing statements shall be properly documented, summarizing the
costs by description of work performed, quantity of materials and devices,
unit'price, 'labor costs, and extensions.
D. The State shall make payment to the City within thirty (30) days from
' r receipt of the City 'a request for payment, provided that the request is
I' properly prepared, executed, and documented.
9: Unsupported charges or charges after final acceptance by the state will
i. not be considered eligible for reimbursement. If applicable or necessary,
the state will prepare a final audit upon completion of the work authorized
or at any time an audit is deemed to be in the beat interest of the State.
k ARTICLE 9. TERMINATION
This agreement may be terminated by one of the following conditions%
(1) By mutual agreement and consent of both parties. y'
(2) By the State giving written notice to the City as a consequence of
failure by the City to perform the services and obligations set
s forth in a satisfactory manner and within the limits provided, with
' proper allowances being made for cirdumstances beyond the control ;
of the City. y4
(3) By either party, upon thirty (30) days written notice to the other.
ARTICLE 10. INDEMNIFICATION
The City acknowledges that it is not an agent, servant, or employee of the •
state, and that it is responsible for its own acts and deeds and for those of
its agents or employees during the performance of contract work.
94
C TYi 01
FORCES 1001 (MOD)
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' Cal+.lvr
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ARTICLE 11. REMEDIES We - 7- 5 y
violation or breach of contract terms by the City shall be gro nds for
termination of the agreement, and any increased cost arising from the
City's default, breach of contract, or violation of terms shall be paid by
the City. 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 12. DISPUTES
Should disputes arise,as to responsibilities and obligations as set forth
in this agreement, the State's decision shall be final and binding.
} ARTICLE 19 SUBLETTING
{ The City shall not sublet or transfer any portion of its responsibilities
and obligations under this agreement unless specifically authorized in
writing by the State. In the event subcontracts are entered into by the
City, the subcontractors must adhere to the provisions of this agreement.
ARTICLE 14. AMENDMENTS
Changes in the time frame, character, responsibilities, or obligations
authorized herein shall be enacted by written amendment. Any amendment to
j this agreement must be executed by both parties.
< ARTICLE 15. INSURANCE (Mark out the following paragraph that is not
applicable)
1 yam. ' '
Prior to the City performing an reject, the City shall `
furnish to the State a artificata o 20.102
I 7-82) and s a n the insurance in full force and effect as
act lasts.
Self Insured
Prior to the City performing any work on thistProject, the City shall
furnish to the State a completed Certification of Insurance (Form 20.102
I 7-82) and shall maintain its self-insurance program in full force and
effect as long as this Project lasts. The State understands that the City
is a self insured entity for public liability purposes.
ARTICLE 16. SUCCESSORS t.ND ASSIGNS
The City shall not assign or otherwise transfer its rights or obligations 1
1 under this agreement except with the prior written consent of the State.
CMAQtFED
CITY FORCES 1001 02/9;
Sheet 6 of 9
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Apen~a►terti,^.
Date
ARTICLE 17. INSPECTION OF CITY'S BOORS AND RECORDS
The State shall, for purpose of termination of the agreement prior to
completion, examine the books and records of the City for the purpose of
checking the amount of the work performed and/or materials furnished by the
Cityy at the time of contract termination. The City shall maintain all
books, documents, papers, accounting records and other documentation
► relating to costs incurred under this contract and shall make such -
materials available to the State, Federal Highway Administration (FHWA) or
its duly authorized representatives for review and inspection at its office
during the contract period and for three (3) years from the date of final
payment under this contract or until impending litigation is resolved.
Additionally, the State, FHWA and its duly authorized representatives shall
have access to all records of the City which are directly applicable to {
this contract for the purpose of making judits, examinations, excerpts and
transcriptions.
ARTICLE 18. LEGAL CONSTRUCTION
Incase any one or more of 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.
ARTICLE 19. GOVERNING LAWS AND VENUE
E This agreement shall be construed under and in accordance with the laws of
the State of Texas. Any legal actions regarding the parties obligations
under this agreement must be filed in Travis County, Texas.
A*11ICLE 20. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties
hereto and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
i
' ARTICLE 21. OMB A-128 AUDIT REQUIRmwiTs 1 `
The City shall comply with the requirements of the Single Audit Act of 1
1984, P.L. 98-5021 ensuring that the single audit report includes the
coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128.
ARTICLE 22. PROCUREMENT STANDARDS "
The City shall adhere to the procurement standards set forth in Title 49
CFR, Part 18.32.
CMAQsFED
CITY FORCES 1004 02/44
Sheet 7 of 9
1
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AgelldaNO. e 3 ~
Ageadalt Yf E
ARTICLE 23. PROPERTY MANAGEMENT STANDARDS Date 5-2 7
flay /7 µ w
the city shall adhere to the property management standards seC forth in
't'itle 49 CFR, Part 18.36.
ARTICLE 24. COMPLIANCE WITH LAWS
The city shall comply with all federal, state and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any court,
administration bodies, or tribunals in any matter affecting the performance
of the agreement, including without limitation workerts compensation laws,
minimum and maximum salary and wage statutes and regulations, and licensing
laws, permits and regulations. When required, the City furnish the State
with satisfactory proof of compliance.
ARTICLE 25. CIVIL RIGHTS COMPLIANCE
The City shell comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CPR
710.405, (B)); also Executive Order 11246 titled "Equal Employment
IF Opportunity", as amended by Executive Order 11375 and as a supplemented in
the Department of Labor regulations (41 CPR 60).
'ARTICLE 26. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
The City agrees to comply with the requirements set forth in Exhibit "D",
"Minority Business Enterprise Program Requirements".
ARTICLE 27. DEBARMENT CERTIFICATIONS (APPLICABLE TO AGREEMENTS WHICH
i
EXCEED $100,000) `
? The City is prohibited from making any award at any tier to any party which
is debarred or suspended or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549,
Debarment and Suspension. The City shall require any party to a
subcontract or purchase order awarded under this contract as specified in
Title 49 of the Code of Federal Regulation, Part 29 (Debarment and
Suspension) to certify its eligibility to receive federal funds and, when
requested by the Staten to furnish a copy of tpe certification.
ARTICLE 28. TIME FRAME
The construction of the improvements in this .ontract shall be completed
-i and operational by the 1 day of September 19 95
I
CMAQ:FED
CITY FORCES 100% 02/94
Sheet 8 of 9
4
AQendaNc q!~ -0 3~ {
Agendai3 y
~ Date q•a7-9f~ {1
~r
IN WITNESS WHEREOF, the State and the City have signed duplicate n
counterparts of the agreement.
THE STATE OF TEXAS
{
} The City of: Denton
Ef Executed for the Executive Director
and approved for the Texas
By: _ Transportation commission under the
(Name) Authority of Minute Order 100002
and Administrative Circular 26-93,
for the purpose and effect of
r carrying out the
- o
an
d activating /
(Title) orders, established policies or
work programs by the Texas r
Transportation Commission.
~ (Date)
ATTEST: #PPROVED7
y
a City Secretary Sy: Director, It
Traffic Operations Division
n
i
5 Date:
4
rat ~ r" x,~
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h
CMAQtrED 02/94
CITY FORCES 100%
Sheet 9 of 9
i
mom,
Exhibit "D" AgeWo y~C 3
Ager4Q E Dato SPECIAL PROVISION IJ 7-7q 171--1r
MINORITY BUSINESS ENTERPRISE a
REQUIREMENTS
It Is the policy of the Department of Transportation that Minority Business Enterprises as defined
in 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the
perforn fiance of contracts financed in whole or In part with Federal funds. Consequently, the
Minority Business Enterprise requirements of 49 CFR Put 23, exclusive of Subpart D, apply
to this contract as follows.
I The City agrees to ensure that Minority Business Enterprises, as defined In 49 CFR Part 23,
Subpui A, have the maximurr, opportunity to participate in the performance of contracts attd
subcontracts ftnanced in whole or in put with Federal funds. In this regard, the City shall take
&Il necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D,
to erasure that Minority Business Enterprises have the maximum opportunity to compete for wW
perform contracts.
The City and any of its subcontractors shall not discriminate on the basis of race, color, national
origin or gex In the award and performance of contracts funded In whole to in part with F'edetyl
t funds.
These requirements shall be physically included in any subcontract.
s
Failure to carry out the requirements set forth above shall constitute a breach of contract and,;
after the notification of the Department, may result in termination of the contract by the State
i' or other such remedy as the State deems appropriate.
I
EXHIBIT W {
CONTROLS 918-46-910 y~
cU"LL AND COLLINS ""PIC 3I014AL INSTALI.ATIOH `tl d~0 9y`03~ j
Personal services for slossl Installations, A9$~~ i
MAWS TITLS souls
J. Clark DLrector/snq 20 529.15 0 ?
N. Coronado Traffic 6%1rrv 6o 16.53 1,322.40
J. Cann signal Tech 240 13.51 31242.40
i P. Peres Signal Tech 240 11.03 2,647.20
D. Ayer, Tech Asst 20 16.12 322.40
4f8rO97.40
Pars Wal services go Per t warkinost
NAMS TITLE sons RATS I
1
D. Petty Sign Tech 16 10.15 162.40
' D. Ayers Tech Asst 16 16.12 257.92
r
420.32
someone! Mat,
hill gTT UNIT OOST TOTAL
Pedestrian Heads Complete/brackets 6 sA 200.00 i 10600.00
combo role/351 !last Aso 2 RA 2,146.00 4,292.00
single Pole/35' Nast Are 1 SA 20008.00 28008.00
Single Pole/401 Nast Are 1 SA 2rOOS.00 2,008.00
Three Soo Beads/Complete 8 sA 275.00 70200.00
riw Soo Beads/Complete 2 SA 420.00 840.00 i
70 Signal Nice 14 awq stranded 2000 is 0.67 Ir140.00
160 signal Cable 12 6" strand 1000 LIP 1.10 10100.00
service Cable 6 swq stranded 1000 Lr 0.27 270.00
service ground 6 awq solid 1000 Lr 0.50 600.00
Loop wire 1500 Lr 0.12 160.00
Lead in :able 3M-3003 1500 LIP 0.42 630.00
Loop Sealant 16 RA 154.M% 2,464.00
Pull boxes 6 sA 150.00 900.00 I
Meter sass 3 sA 80.00 150.00
metrical DiscoNSNGT 3 1A 50.00 150.00
The** inch M conduit 200 Lr 1.00 200.00
Thr" inch Rigid conduit 20 Lr 3.00 60.00
one inch PVO conduit 4CO Lr 0.18 72.00
Push Sutton with sign 30 sA 40.00 400.00
.
Trans 188011. 8 Ph Cont/Complete 1 sA 6r500.00 6,500 00
Can"& (P424T) Detector AMP 3 RA 437 1,311.00
Canoga Power Supplies 1 sA 250 280.00
Niso Silo Items I SA 100.00 100.00 f'
Advance Plauber Coop 2 SA 10200.00 2,400.00
Advance Signal Sign 2 n 90.00 100.00
Larrgqee street 8ipa 4 sA 100.00 260.00
Protected Left figas 2 RA 45.00 60.00
Lane Designation sign 4 SA 90.00 200.00
s Gallon white Paint 1 RA 150.00 75.00
5 Gallon yellow paint 1 sA 160.00 75.00
8 Gallon Spoxy Kits 2 sA 300.00 440.00
sox White Pavement Markers 4 SA 100.00 200.00
concrete Pavement 10 By 32.40 324.00
Pole Installation 4 SA 1,000.03 4,000.00 j
Conduit installation 620 Lr 5.C00 3,100.00
sA 11000.00 4r 000.00
Teaflio Signal Pole Uses, 4
.
(steel concrete i Bolts) By 9.00 90.00
Concrete removal 30
TOTAL 5SI/I5Sr72
f
A2900309 j
i~
•r jam'
tram:. •.,y
I
sahibit •A- AQ06ANo `T -Q 3
Traffic S b
Bast 5401 0 it 77 Loop 1248 - ~
Controls 136-09-901
I !re jeet Scope $ I uppgqrade existing controllers hardware for U.S. 380 (University Drive) .at De11 hVenuot
Ruddell street, Nottingham Street, old North Road, and Loop 284 tr~fflc signals. This
upgrade will allow for a *Time eased Coordlnatlon• of the signalo along this section
o! U.S. 380.
Se"Vemat Cost
:TIM an =if COST TOTAL
Controller and Cabinet 2
Controller 661206.00 112t486.00
Single Monitor and Harness 2 1 am am 1,800586.00 10600.00
Detector Loop Card . 00 1 ,600.00
Power Supply Card 1 BA 506.00 1.2.00
Concrete 1 RA 245.00 24580.00
150.00 150.00
r
NUB-TOTAL 617,S11.00
Persesael Services for
Istereeaaeot Isstallatiosi
Manny 001 7 BA 429.75
Jeff oann 21 BA 24.32 6510.72
lanMPoren 21 RA 19.85 416.85
21 RA 16.34 380434
i NUS-TOTAL 81,526.16
Poeeorael Services for
x~ ~ ?hilly liar process
tam ~
Jofe Oann 7 NA 824.32 $17b.2i
41
-..rr.r...rrr~rr ..r f
A
SUB-TOTAL 8170.24 ;
dsasoltast (COOL"*@ 5 Pewltt)
Tiring Plan Process (Paid by City)
(6750.00)
1 TOTAL 8191206.40
I
I
i
{ AB10043D
a i r
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i
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c
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1
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}
Bsbibit •A• Ilg$nddHo `O 3~ ,
Traffic 81gaa1 Interconnect ~C B
West Section : s5 to U.s. 77 AQ@ndalt~rl..••--
oni~s 135- 0-900
1117
1 Construct interconnect wire utilising exiatinq utility poles. This xconnect the
! V.86 380 (University Drive) At Ion. 35, Bonn a Brae, Malone Street, Fulton Street,
Alice Street Carroll Bouevard, 110 Street and U.S. 77 (Locust Str"t) traffic
signals. This construction will allow the controllers at these intersections to be
linked together and set for appropriate timing progression sequence.
Bgnipnet cosh
ITIN on UNIT COST TOTJIL
Controller and Cabinet 2 sA $6,206.00 $12,412.00
Controller 4 BA 1,566.00 6,344.00
Single Monitor and Barnes 3 sh 600.00 2,400.00
Detector Loop Card 1 Sh 506.00 506.00
! Power Supply Card 0 BA 245.00 0.00
Concrete 0 to 150.00 0.00
SUS-TOTAL $210661.00
Personnel Service for
Interconnect Installations
Btu
Manny Coronado a BA $29.75 1238.00
Jeff Gann 12 SA 24.32 291.84
ravL&n Fare 12 BA 19.85 230.20
Scott Wilson 12 to 10.84 222.15
SUS-TOTAL $900.52
Personnel Service for
T&" plan Process
r
E Jeff cam 7 BA $24.32 $170.24
70
I 805-TOTAL $170.24
Bleetrical Personnel Services for
Ieterooemeet Installatiems
h 1 ceett y..
+ Pickup 2 24 $15 $720.00 I
Bucket Truck Small 1 24 25 600.00
` Bueket Truck Large 1 14 40 960.00
Reel Trailer 1 16 5 80.00
Pulling Syet w 1 16 25 400.00
q Trgneher 1 4 25 100.00
Trailer 1 4 5 20.00
SUB-TOTAL $2►580.00
Leber eloatt
f ic►gineer 1 a $60 $480.00
Fe too" 1 4 s0 200.00
Leal tirse"n 1 32 40 1, 280.00
(l Linemn 2 32 25 10600.00
I Apprentice 2 32 25 1,600.00 t
SUB-TOTAL $5,160.00
' Csasnikamt (Caaaiags 4 Pewitt)t
Tiring Plan Process (Paid by City) ($750.00)
A220043D TOTAL $30,772.76
f
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E
AQ011QaN0..~
MUM=
Ap "r E
9 - 7 -qi i/
CONTROLt 928-4d-410 r D{ ~y
Carroll and Collins Trattio Signal lnatallation
~r• CONTROLi 133-30-400 i51~188.T2
U.S. 380, IN 33 TO U.S. 77
CONTROLO 734-04-903 $300772.76
U.8. 380#U.B. 77 TO LOOP 288
`ate
A82003c8 TOTAL 8102,148.48
I
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. Ir mr9.4'tM'Yi"iIRA; Ai6?S$',,'+P»"`'~;iR,ksq rr yR R' 9ti ..r. r.,. r , ..•^rr:. .r.w•e,..:....
I
APO
AOI * '
Wff e1 psNTON, TEX" MUNICIPAL BUILDING / 21S E MCKINNEY / PENTON, TEXAS 76201
.y
MEMORANDUM
; J
DATE: September 27, 1994
TO: Lloyd V. Harrell, City N, nager
FROM: Harlan L. Jefferson, Director of Treasury Operation
SUBJECT: CONTRACT WITH SCIENCE LAND
I
Attached is a copy of the proposed contract with Science Land Denton's Discovery
4. Museum. A copy of their 1994-96 budget is also attached. They are requesting Lalor A
S,x funding under two eligible categories. The first eligible category is tourism (i.e.,
' $6,600), and the second eligible category is historic restoration and preservation (Le.,
$1,600). On September 13, 1994, the City Council directed staff to prepare a
contract with Science Land for the payment and use of hotel/motel tax revenue.
Curfently, we estimate that by the and of the 1993 94 fiscal year, approximately
aLL ' $146,000 will have been accumulated in the hotel/motel occupancy tax reserve fund. >
The proposed 1994-85 budget utilizes 0124,180 of that reserve to replace the civic
? to Center roof. We estimate that approximately $20,820 in the reserve fund will be
undesigneted by the end of the current fiscal year.
If you have any questions or concerns, please do not hesitate to contact me.
,
n ` „ MJAttkMwR
sN
r AFFOMA
41
1t
w 817/5868200 D/FINMETRO 434 2520
Aalfi01N0 4 3
Denton's Discove M ! G
ry us~~
1994 Bud et
(revised 9-22-9
p
INCOME
calegorY year 10 date ( 6-30.94) FY 1994 FY 1993
Fees Attendance
51901.00 12,000 11,310 Workshops 304.00 700 1,891
BfMOay par0es 1.020.00
1 2,000 1,240
Me nbershlpe 2,500.00 6,000 4,960 {
$tore Merctiandbe sales 3,033.92 7,000 2,427.79
Sales tax 306.18 610 176.90
Donatbns
2,669.46 3,160 2,938.12
f W0*
1. y reimbursement TWU 688,39 1.100 OW r
am* f
1.100.00 11100 0.00
CRY mvw 040 3,499.98 ODD
~ ":Y Fund
k ;0 000 1,500 0:00
Funds W&d W**M
884.63 884.83 1,649 81
~ Y k► lOnd Do 4Sv4 MateAeis /
}v 4 8ervtcie 7,818 10,400 13,4011
ti`•'
9 t} t6tAL'1"come 23,014.78
3f - $2,944.63 39,891.81 ~
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Denton's Discove useum B page'2 9- 7wr ' r
EXPENSES 3 1 /~D,
category year to date (6-30-94) FY 1994 FY 1993 i
100 Operations
101 Lmlitlee J rent 7,200.00 14,400 14,400
102 Faci ties Malntenance 154.87 600 925.49
103 Telephone 258,89 600 638.10
' 104 Office SuWas 65.16 150 111.73
% 105 Pdriting 346.74 750 948.58 i
i 109 Postage 107.90 220 839.17 I
107 Memberships 425.00 425 0.00
108 Insurance 236.02 681 304.98
f
109 Store Irnentory 3,139.47 5,000 2,211.73 { .
110 Sales Tax 3007 610 66.76
111 Advertising (M city) 130.66 200 48.93
{
112 Adv. (beyond c6Y) 0.00 1,7.50 ODD
113 generalsupphes 110.33 225 4%e1
dE< f
2Z``
J y ^
r 1144 . Property Tax" 176.26 17626 10921
100 ' TOTAL OPERATIONS 12,659.27 26,687.26 20,707.48 '
200 Program
201 Exhibhs 11648.65 31756 2,648.49
202 Workshop stgAes 18.69 50 388A
A
203 Birthday supplies 188.67 250 4133 {
t' 204 Outreach program costs 0.00 1,100 0.00 1 "
200 TOTAL PROGRAM 11655.71 6,158 2,626.51
This. Was a charge for 1993 property taxes that v a r,o &Q& be kwred because we have now
oompteled ft necaseary paper work to recleve tax exempt status as a 601 - c (3) owporaftt i
, ♦ .rte ..n...:
ac..~;.~y,'t`x.7t:r~as~t;ar+a,3 , _ , . ,.._:•..a1 ~
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-KAW
• g "
, Denton's ofscovQAlt~eW~BY !2 q • ~ r 4} u
year to date (&3094) tY 1894 FY 1993
category
300 30~Okec4a 0m 0.00 870.97
r
3.316.93 7,000 6.000
WW"w
302
{ -
6 ,9.00 4.483.68
303 foxy Hep 3,430.37
668.92 1.200 968.88
304 FICA
1,371.60
30S C.*m Islom I trm+ttm 669.00 4.400
0.00 0.00 0.00
306 n
0.00 0.00 0.00
307 travel/eduCerion
2,944.00 2,000.00
306 ootdred services 1,000.00
,444.00 15,673.01
19
8,9e2.22
300 TOTAL PAYROLL
i
it00 aw*r) Fund 2118.68 1,532.62
4
200.00 200.00 200.00
402 Operetln0 Fund 25.00 2500 ,
1 403 Cash on hand 25.00
OAO OA6 ,s ~ .
f + 0.00
404 Se!M9s
1T¢y 62 804.83 i
400 TOTAL REBERYE 2,349'68
t d ; l
39,89L8
1 "4 26,814.76 67,944.81 1
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Denton's Discovery Museum G _a
1994 Lalor Fund Budget
(9.22.94) /
` INCOME
October $10166.88
j November $1,166.66
i
December $1,168.66
TOTAL $3,499.98
DISPERSMENTS
October
100-112 Adv. (beyond city) for tourism marketing 683.34
300-308 contract services tourism marketing consultant 333.33
400-401 general fund operating support 249.99 ;
total 1,166.66
November
1W 112 Adv. (beyond city) for tourism marketing 683.33
300-308 oontract services tourism marketing oonsultat,! 333.34
F'
r s 400=401 general fund operating support 249.99
i total 1,186.66
f.,
December,
' '100-112 Adv. (beyond city) for tourism marketing 683.33
300-308 contract services tourism marketing consultant 333.33
r 400-401 general pand operating support 260.00
total 10166.66
1994 total 3,499.98
three month totals - by category
1100-1112 Adv. (beyond city for tourism marketing 1,760.00 E
i , 300-308 contract services tourism marketing consultant 1,000.00 f
400-401 general fund operating support 749.98 s'
total 39499.96
f
ii
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1
ti\1ipOti\ORD\iCIEMCE.ORD
ACtWo
AGendalteo ~
" Wte g: a r.;f~ u
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND SCIENCE LAND OF DENTON) AUTHORIZING THE
j EXPENDITURE OF FUNDS THEREFORI AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best
interest of the citizens of the City to provide public funds to
Science Land of Denton in consideration of the valuable public
services to be furnished by said organization to the City of
Dentonj NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves the Agreement j
attached hereto, between the City of Denton and Science Land of
Denton, and authorizes the Mayor to execute said Agreement.
SECTION II. That the City Council authorizes the expenditure
of funds in the amount of Seven Thousand Dollars ($7,000.00) in
accordance with the terms of the contract. j
ACTION irr. That this ordinance shall become effective j
r. immediately upon its passago and approval,
PASSED AND APPROVED this the day of , 1994.
f BOB CASTLEBl7Rf+1, MAYOR f
ATTEST:
t y"." WALTERS, CITY SECRETARY
BY:
AEPROVED AS TO LEGAL FORM: j +
DEBRA A. DRAYOVITCH, CITY ATTORNEY
i
BY: i
a
I,
y"
;..1••.raYVe 4sa4'PSlw+ss . rnvr.........
ws
ii\fClEtltE
,
ApendaNo -e ~a
I Apendalten~ F
Date 9 - a 7- q y
AGREEMENT BETN U TEZ CITY OF DENTON AND
SCIENCE LAND Of DENTON
PROVIDING FOR TEE PAYMENT AND USE OF NOTEL 'FAY REVENUR
THIS AGREEMENT made between the City Denton,
De,a muni-
Land Texas,
cipal corporation (the "City"), and Science profit corporation incorporated under the laws of the State of
s Texas (the "Museum"):
WHEREAS, TEX. TAX CODE ;351.002 authorizes the City to levy
by ordinance a municipal hotel occupancy tax ("hotel tax") not ex-
ceeding seven percent (74) of the consideration paid by a hotel sf
occupant: and E
WHEREAS, by ordinance 86-67, the City has provided for the
assessment and collection of a municipal hotel occupancy tax in the
City of Denton of seven percent (7t)s and I
WHEREAS, TEX. TAX Code 5351.101 (a) (5) authorizes the City
to use revenue from its municipal hotel occupancy tax to promote
tourism and the convention and hotel industry by performing his-
torical restoration and preservation projects or activities or
advertising and conducting solicitations and promotional programs
to ah.ouraye tourists and convention delegates to visit preserved
histoaic sites or museums at or in the immediate vicinity of con-
vention center facilities, or located elsewhere in the municipality
or its vicinity that would be frequented by tourists, convention
delegates, or other visitors to the municipal..tys and
WHEREAS, the Museum is well equipped to perform those
aativitiess and
{ WHEREAS, TEX. TAX CODE 1351.101 (c) authorizes the City to
delegate by contract with the Museum as a private organization the
managnmer►t and supervision of programs and activities of tha type
described Mreinabove funded with revenue from the municipal hotel
j occupancy taxi
NOW, THEREFORE, in consideration of the performance of the
mutual covenants and promises contained herein, the City and the
Museum agree and contract as follows:
I. SOUL TAY REVENGE PAYMENT TO XUSEUM s
1.1 Consideration, For and in consideration of the activities to
be performed by the Museum under this Agreement, the City agrees to
pay the Museum a portion of the hotel tax revenue collected by the
City at the rates and in the manner specified herein, such payments
by the City to the Museum sometimes herein referred to as "the
agreed payments".
I
Date L'.a 7 •
1.2 Amount of Payments to xusaua. The City shall pay to the
Museum Seven Thousand Dollars ($7,000.00) for the period October 1,
1994 until March 31, 1995, in monthly increments of one Thousand
One Hundred Sixty-six Dollars and Sixty-six cents ($1,166.66).
1.3 Dates of Payments to Museum. City shall pay the Museum the k
agreed payments specified in 11.2 above monthly. Each such monthly
payment shall be paid to the Museum on or before the 5th day of
each month with the first payment due October 5, 1994.
II. UBE OF ROTBL TAX A=VENU BY xoeBUX
j
2,1 Use of Funds. For and in consideration of the payment by the
City to the Museum of the agreed payments of hotel tax funds speci-
fied above, the Museum agrees to use such hotel tax funds only for
the purpose of performing historical restoration and preservation
projects or activities or advertising and conducting solicitations
and promotional programs to encourage tourists and convention
delegates to visit preserved historic sites or museums located in
the City of Denton or its vicinity that would be frequented by
tourists, convention delegates, or other visitors to the City of
Denton, as authorized by TEX. TAX CODE $351.101 (a) (5).
I 2.2 Administrative Costs. The hotel tax funds received from the
City by the Museum may be spent for day-to-day operations, supp-
plies, salaries, office rental, travel expenses, and other admini-
strative costs that are incurred directly In the
Museum of those activities specified in 12.1 above.
r
2.3 specific Restrictions on Use of Funds.
(a) That
portion of total administrative coats of the
Museum for which hotel tax funds may be used shall not exceed that
portion of the Museums administrative costa actually incurred in
conducting the activities specified in 12.1 above.
i
(b) Hotel tax funds may not be spent for travel for a
person to attend an event or conduct an activity the primary pur-
pose of which is not directly related to the promotion of tourism
and the convention and hotel industry.
III. RECORD REEVING AND RBPORTINU REQUIREMZNTS
3.1 Budget.
(a) On or before the effective date of this Agreement,
the Museum shall prepare and submit to the City Manager of the city
an annual budget for the next ensuing fiscal year of this Agreement
PAGE 2
ApendaNo 4
a.~enGalter+t~.Sf.~.,,.~
Date -a • 4Y
d~ ~2
1.2 Amount of Papmeats to Musow- The City shall pay to the
Museum Seven Thousand Dollars ($7,000.00) for the period October 10
1994 until March 31, 1995, in monthly increments of one Thousand
One Hundred Sixtl-six Dollars and Sixty-six Cents ($1,166.66).
1.3 Dates of Payments to Museum. City shall pay the Museum the
agreed payments specified in 11.2 above monthly. Each such monthly
payment shall be paid to the Museum on or before the 5th day of
each mopth with the first payment due October 5, 1994.
II, 082 OF SOTEL TAX REVEB02 by MUBEOH
! 2.1 Use of Funds. Fc, end in consideration of the payment by the
City to the Museum of the agreed payments of r.r,tel tax funds speci-
fied above, the Museum agrees to use such hotel tax funds only for
f the purpose of performing historical restoration and preservation I
projects or activities or advertising and conducting solicitations
and promotional programs to encourage tourists and convention
delegates to visit preserved historic sites or museums located in
the City of Denton or its vicinity that would be krequentmd by
tourists, convention delegates, or other visitors to the City of
j Denton, as authorized by TEX. TAX CODS 1351.101 (4) (5).
} 2.2 Administrative Costs. The hotel tax funds received from the
City by the Museum may be spent for day-to-day operations, sup-
plies, salaries, office rental, travel expenses, and other admini-
strative costs that are incurred directly in the performance by the
Mucous of those activities specified in 12.1 above.
2.3 speoifio Restrictions on Use of Funds.
a) That of . adm costs the
Museum for (which hotel taxofundstmaylbe used halls not exceedithat
portion of the Museum's administrative costs actually incurred in
conducting the activities specified in 12.1 above.
i,
person to attend an la etax vent funds
conduct not be sent for an activit the primal for a
pose of which is not directly related to the promotion of tourism
and the convention and hotel industry.
III. RECORD RREPIM0 AND R MRTTMO MUIR2MEMTS
3.1 Budget.
) On or before the date of thi,
the Museum sh
all prepare and submitftopthe City M nagersofgthe city
an annual budget for the next ensuing fiscal year of this Agreement
PAGE 2
P
Fr
F
AgendaNo-['3„A
Atf
AgeWalter~,..
Date 4'a7-S'y
for the Museum. The City shall not pay to the Museum any hotel tax
funds during any fiscal year of this agreement unless such budget
for such respective fiscal year has been approved in writing by the
Denton City Council.
(b) The Museum acknowledges that the approval of such
budget by the Denton city council creates a fiduciary duty in Phe
Museum with respect to the hotel tax funds paid by the City to the
Museum under this Agreement. The Museum shall expend hotel tax
funds only in the manner and for the purposes specified in the
budget as approved by the City.
3,2 separate Accounts. The Museum shall maintain any hotel tax
funds paid to the Museum by the City in a separate account or
accounts established for such purpose and may not commingle such
hotel tax funds with any other money or maintain such hotel tax
funds in any other account.
3.3 Financial Records. The Museum shall maintain complete and
accurate financial records of each expenditure of the hotel tax
funds made by the Museum and, upon request of the Denton City
Council or the Cityls Executive Director of Finance or his designee
I shall make such financial records available for inspection and
review b the Denton City Council or t
he f City's Executive Director
~ of Finance or his designee.
3.4 Quarterly Reports. The Museum shall furnish to the City a
report of the services performed by the Museum under this Agreement
within thirty (30) days after the end of each fiscal quarter of
this Agreement. Such report shall summarize the activities of the
Museum in performance of the activities specified in 12.1 and 12.2
above and the receipt of the agreed payments and a nditurs of the
hotel tax funds received by the Museum from the City.
3.5 Notice of Meetings. The Museum shall give the city manager
of the City advance written notice of the time and place of general
mestinyya of the Museum's Board of Directors. Such notice shall be
y given in the same manner and at the same time as notice is given of
f such meetings to members of such board. This provision shall not
4 be deemed to require the museum to admit the City Manager to any
executive session of the Executive Committee of the Museum.
IY. INDSWIFICATI0M
4.1 Indemnification. Museum shall indemnify and hold harmless
the City from any and all claims, suits, actions, liabilities and
reasonable defense costa, for bodily injury to individuals and
physical damage to tangible property or other injury to the extent
caused by the negligence or willful misconduct of the Museum, its
PAGE 3
• AgendaMa- 4 y- o a a
Agendaltnm,~ y f
Date 9.a 7- 94 l
io yia
officers, employees, agents, subcontractors, lic mesas end
invitees, while museum is engaged in the performance of services
under this Agreements provided, however, that if there is also
fault on the part of the City, the foregoing indemnity shall be on
a comparative fault basis.
E The provisions of this section are solely for the benefit of
the parties hereto and not intended to grant any rights,
contractual or otherwise, to any other person or entity.
j V, TIRK AND TZRKIXATIO11
5.1 Term. The tern of this Agreement shall commence October 10
1994 and terminate at midnight on March 31, 1995.
5.2 germination.
t
(a) This Agreement may be terminated by either party by
giving the other party thirty (30) days advance written notice.
(b) This Agreement sh',All automatically terminate upon
the occurrence of any of the following events:
(1) The termination of the corporate
existence of the Museumt
(ii) The Insolvency of the Museum,
the tiling of a petition in bankrupt-
cy, either voluntarily, or involun-
torily, or an assignment by the Museum
for the benefit of creditorei or
z
(iii) The continuation of a breach of
any of the terms or conditions of this
{ Agreement by either the city or. the
Museum for more than thirty (30) days
attar written notice of such breach is
given to the breaching party by the
other party. I
VI. GINBRAL PROVISIONS
6.1 Suboontract for Performaaos of Services. Nothing in this
Agreement shall prohibit, nor be construed to prohibit, the agree-
ment by the Museum with another private entity, person, or organi-
Cation for the
performance of those services described in 12.1
above. In the event that the Museum enters into any arrangement,
contractual or otherwise, with such entity, person or organization,
the Museum shall cause such other entity, person, or organization
to adhere to, conform to, and be subject to all provisions, terms,
PACE 4
.sue,
I
I
Agenda No--Tl/
• Agerr~att
Date -~s/7-9~i/ r,
and conditions of this Agreement and TEX. TAX CODE Chap! ?5f a`
Including reporting requirements, separate funds maintenance, and
limitations and prohibitions pertaining to expenditure of the
agreed payments and hotel tax funds.
6.2 independent Contractor. The Museum shall operate as an in-
dependent contractor as to all services to be performed under this
Agreement and not as an officer, agent servant, or employee of the
City. The Museum shall have exclusive control of its operations
and performance of services hereunder, and such persons, entities,
or organizations performing the same and the Museum shall be solely
resiwnsible for the acts and omissions of its directors, officers,
employees, agents, and subcontractors. The Museum shall not be
considered a partner or joint venture with the City, nor shall the
Museum be considered nor in any manner hold itself out as an agent
or official representative of the City.
6.3 Assignment. The Museum shall not assign this Agreement with-
out first obtaining the written consent of the City.
6.4 Notice. Any notice required to be given under this Agreement
or any statute, ordinance, or regulation, shall be effective w"'an
given in writing and deposited in the United states mail, certified
mail, return receipt raquested, addressed to the respective parties
as follows:
silrY Kul=
City Manager President, Board of Trustees
City of Denton science Land of Denton
215 E. McKinney P.O. Box 1338
Denton, TX 76201 Denton, TX 76202
6.5 inurement. This Agreement and each provision hereof, and
each and every right, duty, obligation, and liability set forth
heroin shall be binding upon and inure to the benefit and obliga-
tion of the City and the Museum and their respective successors and
assigns.
6.6 Application of Laws. All terms, conditions, and provisions
of this Agreement are subject to all applicable federal laws, state
laws, the Charter of the City of Denton, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
6.7 Rzolusive Agreement. This Agreement contains the entire
understanding and constitutes the entire agreement between the
parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or
understandings, oral or written, express or implied, between or
among the parties hereto, relating to the subject matter of this
PAGE 5
xz~
f
AgendaNo 9 ~ -a 3a ;
AQeadaft~~ ' 's
agreement We ~i~7-Qy-Qy
which are not fully expressed herein . Thalt
conditions of this A l!
greement stea
saand
prevail notwithstanding any
variance in this agreement from the terms and conditions of any
other document relating to this transaction or these transactions.
Duplicate on iAals,
originals, g This Agreement is executed in duplicate
6.9 loadings.
{ sections and The headings and subheadings of the var paragraphs of this Agreement are inserted merelyffor'
the purpose of convenience and do not express
limitation, definition, or extension of or Imply any
section and paragraph so designated.° specific terms of the
EXECUTED this the day of
r 1994. F
BOB CASTLEBERRYI MAYOR
I ATTESTr
JENNIFER WAL
TERS
# CITY
SECRETARY f
BY
APPROVED AS TO LEGAL PORm: I
DEBRA A. D
f/
RAYOVITCHt CITY ATTORNEY
1 f .
BYr
SCIENCE LAND OF DENTO
BY: 1k
RMAN
r, BOARD OF DIRECTORS~ARD OF DIRECTORS DIRECTORS
f I
ATTESTS ;
APPROVED AS TO LEGAL FORM;
Bye
8acratery Byt
tttorney
PAGE 6
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C"V0f0ffN7ftrffXA8 MUNICIPAL BUILDING
ON, TEXAS 7620 f
MEMORANDUM
DATE: September 27, 1994
a TO: ;
The Honorable Mayor and Members of the City Council
FROM: Jon Fortune, Management ServiCea Administrator
SUBJECT: GENERAL FUND BUDGET
AMENDMENT
Please find the attached ordinance to amend the 1993-94 budget. The original
Fund budget did not project the increase in hotel/motel tax collections. Bec General
these funds, the s because of contractual agreements with subrecaipients of
City will incur unforeseen expenditures of 842
accommodate these expenditures and comply with previous In order to . ; .
agreements, an additional appropriation approved
original General Fund bud contractual
of funds requiring an amendment to
gat Is required. This appropriation will be offset by ththe
additional revenues that are being generated from the increased collections.
e
'i The City recently received an airport grant from the FAA for a
1,000 extension In the amount of $1,476 O ~
foot runway
s~ funding and requires a ten (1096)
r5, tY {
Porc nt match from the allocates ninety (90%) percent
project cost of $1,838,889. Of the City's ten (10%) (8183,889} for a total
identified $88,899 of "in-kind" expenditures. This ordinance
approp remaining , of the City's matching portion.
The above amendments are for municipal purposes.
If You have any questions, please advise.
r
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Mow
ORDINANCE NO.
a e/
7
AN ORDINANCE AMENDING THE 1993-94 ANNUAL BUDGET OF THE CITY OF
DENTON BY APPROPRIATING THE SUM OF ONE HUNDRED SEVENTEEN THOUSAND
DOLLARS ($117,000.00) FROM THE UNAPPROPRIATED BALANCE OF THE
GENERAL FUND TO SUBRECIPIENTS OF HOTEL TAX COLLECTIONS AND THE
AIRPORT GRANT FUND ACCOUNT; PROVIDING FOR PUBLICATION HEREOF; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City is required by contracts with various
organizations to remit a certain percentage of hotel occupancy
taxes collected and the 1993-94 Budget did not project the increase
in the collection of such taxes and the corresponding obligation to
remit funds of approximately $420000 to such organizations; and
WHEREAS, the projecting of hotel occupancy tax collections are
difficult at best to determine with the constant fluctuation in
I supply and demand business markets, the travel decisions of
tourists and overall economic conditions; and
WHEREAS, the City has received a matching grant, from the
t Federal Aviation Administration to construct a 1,000 foot extension
to the runway at the Denton Municipal Airport in the amount of
$1,4750000, requiring the FAA to fund 901 of the construction cost
and the City supplying 101 of such costs; and
WHEREAS, the method used by the FAA in awarding grants made it
impossible for the City to have predicted it would receive this
grant so the 1993-94 budget did not appropriate funds for this
i remote possibility; and
} WN1REAB, the City is entitled under the matching grant to a
credit of $88,889 for "in-kind" oasts expended by the City since
its previous grant resulting in a shortage of matching funds of
$75,000; and
WHEREAS, Sec. 8.08 of the Charter of the City of Denton and
c $102 049 of the Texas Local Government Code provide a governing
body may authorize an emergency expenditure as an amendment to the
r original budget only in a case of grave public necessity to meet an
unusual and unforeseen condition that could not have been included
in the original budget through the use of reasonably diligent
Y1; thought and attention; and
WHEREAS, the City Council finds that the failure to expend the
t funds discussed above will create a grave public necessity and
' requires the 1993-94 budget be amended to allow the use of a
y' F portion of the unappropriated General Fund balance to fund these
expenditures; NOW, THEREFORE,
' "`+:'KIJiC ~»4t8.4.ku, iAy;,y'`•ar.,..
I
l#Y
,
f ApendaMa 9 y -0
AQeedalt
Date eS~- a 7 - g U
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: u
C
SECTION I. That the 1993-94 Budget of the City of Denton,
Texas is hereby amended by appropriating the sum of one Hundred
Seventeen Thousand Dollars (6117,000.00) from the Unappro riated
Balance of the General Fund to the following accounts: 100-042-
020M-8936 ($18,129)0 100-041-020N-8961 ($6,043), 100-041-020H-8975
($6,361), 100-041-02011-8977 ($5,328), 100-041-02OH-8978 ($725), and
100-041-020M-8998 ($5,424) for the purpose of making contractual
payments to the chamber of Commerce, the North Texas Fair Asoooia-
tion, the Greater Denton Arts Counoil, Denton County Historical
Foundation and Denton County Historical Museum, Inc. and 100-022-
0019-8907 ($75,000) for complying with the FAA matching grant
requirements.
! BECTON-". That the City Secretary is directed to attach a
copy of this ordinance to the original budget and cause this
amendsent to be published once in the Denton Record-Chronicle.
SECTIONTii. That this ordinance shall become effective
immediately upon its passage and approval.
}
PASSE AND APPROVED this the day of , 1994.
x ~
BOB CASTLEeERItY, M11YOR
'y .
' ATTEST:
JUNIFE'R NALTERS, CITY SECRETARY
t
bill
da
i APPROVED AS TO LEGAL FORMt
i' DEBRA A. DRAYOVITCH, CITY ATTORNEY
ILI BY 2lo .te GL dLcC~
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ABendalter~,A....,,`C
Date 9 -a 7- 91f u
ORDINANCE EXHIBIT A
FISCALYEAR 1993-94
YEAR END BUDGET AMENDMENT
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CURRENT INC(DEC) MODIFIED
BUDGET AMOUNT BUDGET ACCOUNT
I
MEW FUNUY~
CFwrber of Comrnence 186,471 18,129 204,800100-041-020M-8938.
' r North Texas Fair Association 82,167 8,043 88,200100-041-020M-8981
Greater Denton Arts Caandl 66,429 80361 71,79o 100-041-020M-8576
Daftn Co. Historical Museum 64,698 6,318 60,016100-041-020M-8977
' b k n Co. Historical Foundation 7,459 725 8,184100-041-020M-8978
Hotel Motel Tax Re"m 6607M 5,424 61,210100-041-020M-8988
,
a Al" Grant FundlrV 0 75.0."0 76,000100-022-0019-8807
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jo\wpdoc*\ord\ccru1*&.ord
ORDINANCE NO.
I
AN ORDINANCE AMENDING ORDINANCE NO. 90-026 RELATING TO RULES OF
PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND
REPEALING ORDINANCES 93-073, 92-1151 AND 90-150; PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Constitution and Laws of the State of Texas, and
Section 2.07 of the City Caarter of the City of Denton, Texas,
authorize the City Council of said City to promulgate and establish
rules of procedure to govern and conduct meetings, order of busi-
ness, and decorum, while acting as a legislative body representing j
said City; and r
WHEREAS, because of its desire to more effectively and effi-
ciently aerve the public through the medium of public meetings, it
has become necessary to amend the rules of procedure; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. Ordinance Numbers 93-073, 92-115, and 90-150 are
hereby repealed, and Ordinance Number 90-026 is hereby amended to
read as follows:
1. AtITZOILITY
1.1 Charters Pursuant to the provisions of Section 2.07 of
the Charter of the City of Denton, Texas, the City Council hereby
enacts these rules of procedure for all meetings of thA City
Council of the City of Denton, Texas.
z
During any meeting, a reasonable opportunity shall be given
f.-.)r citizens to be heard under these rules. These Rules Of
i
Procedure are enacted as guidelines to be followed by all persons
r. in the Council Chamber including the city administrative staff,
news media, and visitors.
2. Qn[EA71L aOL~
2.1 Meetings to be Public: All official meetings of the
Council and Council committees and subcommittees, except closed
meetings permitted by the provisions of the Texas Open Meetings
Act, Chapter 551, TEX. GOVT. CODE ANN. (Vernon 1994), as emended,
shall to open to the public.
2.2 QUDM: Four members of the Council shall constitute a
quorum for the transaction of business. (Charter, Section 2.06)
2.3 Co Melling Attendances No member shall be excused from
attendance at a Council meeting except for good and valid reasons.
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AoondaNo 9 N ~ o
Agondalte Z7::::
Date ga7-q~r
2.4 JJis,Conducts The Council may punish its ow members for
misconduct.
2.5 Minutes of Meatiness account proceedings of
shall be
the Council shall be kept by the City secretary
entered in a book constituting the official record of the council.
A certified agenda shall be prepared for all closed meetings and
shall be approved by the Mayor in accordance , with Chapter 5528 TEX.
GOVT. CODE ANN. (Vernon 1994), as
2.6 Oueetiona to Contain one Subiects All questions submit- !
ted for a vote shall contain only one subject. if two or more
points are involved, any member may require a division, if the
question reasonably admits of a division.
2.7 Right of Floors Any member desiring to speak sha13 be
recognized by the Chairperson, and shall confine his or her remarks
to the subject under consideration or to be considered. No member
one subject until
shall be allowed to speak more than once
any n,
every member wishing to speak shall have spoken.
2.8 gity Manngers The City Manager, or Acting city Manager,
shall attend all meetings of the Council unless excused. its or she
may make recommendations to the Council and shall have the right to
take part in all discussions of the Council, but shall have no
i vote. (Charter, section 5.03 (d))
2,9 city Attorneys The City Attorney, or Acting City
Attorney, shall be available upon request for all meetings of the
Council unless excused and shall, upon request, give an opinion,
either written or oral, on questions of law. The City AttornAy
,I
act as the Council's parliamentarian.
shall
2.10 S~~ Secretarxs The City Secretary, or Acting City
Secretary, shall attend all meetings of the Council unless excused,
and shall keep the official minute, and perform such other duties
as may be requested by the Council.
2,11 QSJLC9rs and Smoloveess Any officur or employee of the
City, when requested by the City Manager, shall attend any meeting
of the Council. if requested to do so by the City Manager, such
employyee may present information relating to matters before the
Council.
2,12 Btti of Orders These rules govern the proceedings of
the Council in all cases, except that where these rules are
the most recent Edition of Robert's Rules of Order revised shall
govern.
2.13 Su&2finsiQn of Rulers Any provision of these rules not
governed by the city charter or code may be temporarily suspended
PAGE 2
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Agenda No-C`_° 33
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Date. I- a z- vK 1
3 ~e
by the affirmative vote of four membere of the Council, a vote
on any such suspension shall be talten by yeas or nays and entered
into the minutes of the Council.
2.14~Y~ent o Mess These rules may be amended, or new
rules adopted by the affirmative vote of four members of the
on provided introduced beforeproposed te City m uConcil s at a e prior rules have bee Coucil
meeting. j
I, Coos U 00-I&T
3.1 Councilmemberss
(a) During Council meetings, Coucilmembers shall preserve
order and decorum and shall neither by conversation or otherwise
delay or interrupt the proceedings nor refuse to observe the rules
of the Council.
(b) A Couneilmember, once recognized, shall not be interrup-
ted while speaking unless called to order by the Mayor or presiding j
officer, unless a point of order is raised by another member or the 1
parliamentarian, or unless the speaker chooses to yield to ques-
tions from another member. it a Couneilwember is called to order
while he or she is speaking, he or she shall cease speaking immedi-
ruled to be in
I
If
is determined.
he question of order
tel
a
ardorY, no until or t she shall be permitted to proceed. If ruled to be not
rules of the Council,alter his or her
order eas to she shall
comply with remain
remarks so
3,2 Administrative Staff:
(a) Members of the Administrative staff and employees of the
City shall observe the same rules or procedure and decorum applica-
ble to members of the Council, and shall have no voice unless and
until recognized by the Chair. !
(b) While the presiding officer shall have the authority to
preserve decorum in meetings as far as staff members and City on-
ployees are concerned, the City Manager also shall be responsible
for the orderly conduct and decorum of all City employees under his
or her direction and control.
(c) The City Manager shall take such disciplinary action as
decorum is preserved at all
may e by necessary
City a employees insure in Coucil meetings.
times
(d) All remarks and questions addressed to the Council shall
be addressed to the Council as a whole and not to any individual
member thereof.
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(s) No staff member, other than a staff member having the
floor, shall enter into any discussion either directly or indirect-
ly without permission of the presiding officer. !
3.3 Citizens:
(a) Citizens are welcome and invited to attend all meetings
of the Council, and will be admitted to the council chamber up to
the fire safety capacity of the room.
(b) All citizens will refrain from private conversations in
h the Chamber while the Council is in session.
(c) Citizens attending council meetings shall observe the
same rules of propriety, decorum, and good conduct applicable to
the administrative staff. Any person making personal, impertinent,
or slanderous remarks or who becomes boisterous while addressing
the Council or while attending the Council meeting shall be removed
from the room if the Sergeant-at-Arms is so directed by the presi-
ding officer, and such person shall be barred from further audience
before the Council during that session of the Council.
(d) unauthorized remarks from the audience, stamping of
feet, applauding, whistles, yells, and similar demonstrations shall
not be permitted by the presiding officer, who shall direct the
Sergeant-at-Arms to remove such offenders from the room. In case
the presiding officer shall fail to act, any member of the Council
may move to require him or her to act to enforce the rules, and the
affirmative vote of four (4) members of the Council shall require
{ the presiding officer to act.
(e) No placards, banners or signs of any kind will be
permitted in the ^.ouncil Chamber except exhibits, displays and
visual aids used in connection with presentations to the Council,
provided that such exhibits, displays and visual aids do not
disrupt the meeting.
3.4 Enforcements The City Manager, in the absence of a
designated law enforcement officer, shall act as Sergeant-at-Arms i
j
for the Council, and shall furnish whatever assistance is needed to
enforce the rules of decorum herein established.
3.5 Beating Arrangementt The City Secretary, City Manager
and City Attorney shall occupy the respective seats in the Council •
Chamber assigned to them by the Mayor, but any two or more members
of the Council may exchange seats.
4. TYP28 OF XXRTIM38
4.1 Meetinost The Council shall moot at seven
o'clock p29919 first and third Tuesday of each month or at any
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other times set by the council, unless postponed or cancyeled for
valid reasons. All regular meetings of the Council will be held in
the Municipal Building at 215 East McKinney Street, or such loca-
tion as the City Council may by motion, resolution or ordinance
designate.
4.2 dpeeial Meetings: special meetings may be called by the
Mayor, the City Manager, or by any three members of the Council.
Thn call for a special meeting shall be filed with the City Secre-
tary in written form, and he or she shall post notice thereof as
provided by law.
4.3 Workshop Meetings: Workshop meetings or work sessions f
may be called using the same procedure required for special meet-
inns. (See Sec. 4.2) The purpose of the workshop meeting is to
d,acuss or explore matters of interest to the City, to meet with a
city Board, Commission, or Committee Members, City staff or
officers of civic organizations, governing bodies or individuals
specifically invited to the session by the Mayor, Council or City
Manager. These meetings are informational and normally, no final
action shall be taken unless the posted agenda indicates otherwise.
Citizens or other interested persons attending the work session
will not be allowed to participate in the session unless invited to
1 do so by the Mayor. Citizens should be advised of the nature of
the work session and that their input may be received and consid-
ered at a regularly scheduled council meeting where the agenda pro-
vides for final action to be taken on the matter. The purpose of E
f this procedure is to allow the citizens attending the regular
s meeting the opportunity of hearing the views of their fellow ll
citizens in a more formal setting. Any citizen may supply the City 1
Council a written statement or report regarding the citizents
opinion on a matter being discussed in a work session. if the
Mayor invites citizens to participate in a work session, their
participation will cease at the point the Mayor closes the session
to public input to allow the Council to give City staff direction
as to needed information for the possible futuia meeting without
distracting comment from the audience.
4.4 Emergency Meetings: In case of emergency or urgent
public necessity, which shall be expressed in the notice of the
meeting, an emergency meeting may be called by the Mayor, the City
Manager or by three members of the council, and it shall be suf-
ficient if the notice is posted two hours before the meeting is
convened.
4.5 Closed Meetings: The Council may meet in a closed
meeting pursuant to the requirements of the Texas Open Meetings
Act, Chapter 551, TEX. GOVT CODE ANN. (Vernon 1994), as amended.
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Agenda No
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4.6 Recessed Meetings: Any meeting of the Counci may be
recessed to a later time, provided that no recc:.c shall be for a
longer period than until the next regular meeting. i
4.7 Notice of Meetings The agenda for all meetings, inclu-
ding Council Committee or Subcommittee meetings, shall be posted by
the City Secretary on the Ci;y's official bulletin board and notice
of all meetings shall be 4iven by the City Secretary pursuant to
the requirements of the "texas open Meetings Act, Chapter 551 TEX.
GOVT CODE ANN. (Vernon 1994), as amended.
5. PRESIDING O"ICER AND DUTIES
5.1 Presiding officers The Mayor, or in the absence of the
" Mayor, the Mayor Pro-Tom, shall preside as chairman, or presiding
officer at all meetings of the Council. In the absence of both the
Mayor and Mayor Pro-Tom, the Council shall elect a temporary presi-
ding officer. (Charter, section 2.03)
5.2 Call to order: The meetings of the Council shall be
called to order by the Mayor, or in hin or her absence, by the
Mayor Pro-Tom. In the absence of both the Mayor and the Mayor Pro-
Tom, the meeting shall be called to order by the City Secretary,
and a temporary presiding officer shall be elected as provided ,
above.
i
5.3 Preservation of Orders The presiding officer shall
preserve order and decorum, and confine members in debate to the
question under discussion. The presiding officer shall call upon
the Sergeant-at-Arms as necessary to enforce compliance with the
rules contained herein.
i 5.4 Points of OrdQX1 The presiding officer shall determine
i all points of order, subjtict to the right of any member to appeal
to the Council. If any appeal is taken, the question shall be,
"Shall the decision of the presiding officer be sustained?". If a
majority of the members prrsvnt vote "No", the ruling of the chair
is overruled= otherwise, is is sustained.
{
5.5 Cueations to be stated: The presiding officer shall
state all questions submitted for a vote and announce the result.
A roll call vote shall be taken upon the request of any member, and
upon the passage of all ordinances and resolutions.
5.6 Substitution for Presidinc officers The presiding ,
officer may call any other member to take his or her place in the
chair, such substitution not to continue beyond adjournment.
5.7 Call for Recesss The presiding officer may call for a
recess of up to fifteen (15) minutes at regular intervals of
I
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approximately one hour at appropriate points in the meeting agenda, "
or if requested by any two members.
i
6. ORDER Of RUSINass u
6.1 agenda: The order of business of each meeting shall be
as contained in the agenda prepared by tha City Manager. The
agenda shall be a listing by topic of subjects to be considered by
the Council. Placement of items on the agenda shall be governed by
this Section and Section 6.31 provided that if a Counoilmember has
an "emergency" item that the Councilmumber believes should be 1
placed on the next regular rr special meeting agenda, the placement
must be approved by two members of the Agenda Committee. Conduct
of business at special meetings and council Committees and subcom-
mittees will likewise be governed by an agenda and rules of pro-
cedure contained herein.
6.2 Pledge o AllegiAce: Each agenda shall provide an item
for the recital of the "Pledge of Allegiance" at the regularly
scheduled city council meetings.
6.3 Presentations by Members of Councilt The agenda shall
provide a time when the Mayor or any Councilmember may bring before
the Council any business that he or she feels should be deliberated
upon by the Council. These matters need not be specifically listed
on the agenda, but discussion and formal action on such matters I
shall be deferred until a subsequent Council meeting. Any member
may suggest an item for discussion at the next work session. The
City Manager or city staff shall only respond preliminarily on this
item at the work session. If the City Council believes the item
requires a more detailed review, the council will give the City
Manager or City Staff direction to place the item on a future regu-
lar meeting agenda and advise staff as to the background materiels
to be desired at such meeting.
6.4 Presentation by Citizens:
(a) Any person who wishes'to place a subject on the Council
agenda at regular City council meetings shall advise the City
Manager's office of that fact and the specified subject matter
which he or she desires to place on the agenda no later than 5:00
p.m. Wednesday prior to the council meeting at which he or she
wishes the designated subject to be considered.
item that Ain person who wishes
agenda for a Council regarding an
Councils t address
regular ii
special
"
meeting, shall complete a "request to :peak" form asking to speak
regarding the item and return it to the City Secretary before the
Council considers the item. The Mayor will call upon the citizen
to speak for no longer than three (3) minutes as that particular
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Agendal te~,.4-:......~
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! agenda item is considered by the City Council. The provisions of !
this paragraph do not apply to persons appearing at a public
r hearing in response to an official agenda notice or publication.
(o) Any person who wishes to address the council at a public
hearing shall complete a "request to speak" fogs and return it to
the City Secretary before the applicable hearing. The Mayor will q
call upon the citizen to speak for no longer than five (5) minutes. If
` 6.5 Time Limits: Speakers before the Council are requested
I to limit their remarks to five (5) minutes or less except for I
citizens speaking to a non-public hearing agenda item, for which i
limited to three (3) minutes or less.
presentations shall be
F
as
6.6 oral Presentations Ly City Mana rt Matters requiring
E the Council's attention or action which may have developed after
k the deadline for delivery of the written communication to the
Council may be presented orally by the City Manager. It formal
Council cction nn a subject is required, such action may be taken
only if the provisions of the Texas Open Meetings Act have been
satistied.
6.7 Presentation ofPro~lamationst The agenda may provide
a time for the presentation of proclamations. The Mayor or
presiding officer may deliver and present proclamations upon the
I request of citizens. Proclamations may encompass any activity or
I theme except that proclamations with a theme religious or partisan
1 in nature shall not be presented. Moreover, proclamations shall
not be used for any commercial or advertising purpose.
7. CONAIDR-MION OF ORDI1g11ICas RIBOLU21ONS, AND MOTION
7.1 Printed or Tvuewr ttpu Forms All ordinances and resolu-
tions shall be presented to the Council in printed or typewritten
fora. The Council may, by proper motion, amend any ordinance or
resolution presented to it and direct that the amended ordinance be
placed on the next Council Agenda for adoption.
7.2 amity Attorney to ARprovas All ordinances, resolutions,
and contracts and amendments thereto, shall be approved as to form
and legality by the City Attorney, or he or she shall file a writ-
ten opinion on the legality of such ordinance, resolution or con-
tract prior to submission to the council. (Charter, Section 6.02).
7.3 Distribution of Ordinances and Resolutionst The City
Manager shall prepare copies of all proposed ordinances and
resolutions for distribution to all members of the Council at the
meeting at which the ordinance or resolution is introduced, or at
such earlier time as is expedient.
PAGE 8
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7.4 Recording of Votes: The yeas and nays shall be taken
upon the passage of all ordinancas and resolutions and the vote o'
each member shall be recorded in the minutes. (Charter, Section A
2.06 (b)).
7.5 ~iority Vote Reguired: An affirmative vote of four (4)
members is necessary to repeal any ordinance or take any official
action in the name of the City except as otherwise provided in the
Charter or by the laws of the State of Texas. (Charter, Section
2.06).
7.5.1 Tie-Vote: Matters voted on by the City Council which
end in a tie-vote shall automatically be placed on each subsequent
council meeting agenda until a full Council is present.
7.6 nemand for Roll Call: Upon demand of any member, the
roll shall be called for yeas and nays upon any question before the
Council. It shall not be in order for members to explain their
vote during the roll call.
7.7 Personal Privilege: The right of a member to address
the Council on a question of personal privilege shall be limited to
cases in which his or her integrity, character, or motives are
assailed, questioned, or impugned.
t.
7.8 Dissents and Prot: Any member shall have the right
to express dissent from or protest against any ordinance or reso-
lution of the Council and have the reason therefore entered upon
the minutes. Such dissent or protest may be filed in writing, and
presented to the Council not later than the next regular meeting
following the date of passage of the ordinance or resolution
objected to.
709 Voting Require d: No member shall be excused from voting
except for lack of information and except on matters involving the
consideration of his or her own official conduct, or where his or
her personal interests are involved, and in these instances he or
she shall abstain. Any member prohibited from voting by personal
interest shall announce at the commencement of consideration of the
matter and shall not enter into discussion or debate on any such
matter and shall leave the meeting room. The member having briefly i
stated the reason for his or her request, the excuse from voting
shall be made without debate.
7.10 Order of Precedence of Motions:
w
(a) The following motions shall have priority in the order
indicated:
1. Adjourn (when un(rualified) and is not debatable and
may not be amendedl
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2. Take a recess (when privileged);
3. Raise a question of privilege;
4. Lay on the table;
5. Previous question (2/3 vote required);
;z
6. Limit or extend limits of debate (2/3 vote re-
quired);
7. Postpone to a certain time;
i
S. Commit or refer;
9. Amend;
10. Postpone indefinitely;
11. Main Motion.
(b) The first two motions are not always privileged. To
adjourn shall lose its privilege character and be a main motion if
privileged
To take a recess steal only
in any way qualified,
when other business is pending.
(o) A motion to adjourn is not in orders
business or dis-
1. When repeated without intervening
cussion;
of a member while
2. When made as an interruption
s
peakin
9J
I
3. While a vote is being taken.
(d) only certain motions may be amended as provided in the
most current edition of Robert's Rules of Order, revised. A motion
i to amend shall be undebatable when the question to be amended is
undebatable.
7.11 ReconsideCations A notion to reconsider any action of
the Council can be male not later than the next succeeding official
meeting of the Council. S= a motion can only be made by a member ,
who voted with the prevailing side. It can be seconded by any
member. In order to comply with the Texas Open Meetings Act, any
Councilmember who wishes to make such a motion at a meeting suc-
the action was taken shall notify the
ceeding the meeting where
city Manager to place the item for reconsideration on the Council
agenda. No question shall be twice reconsidered, except by unani-
mous consent of the Council, except that action related to any
PAGE 10
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contract may be reconsidered at any time before the final execution
thereof. A matter which was not timely reconsidered in the manner
provided by this section or was reconsidered but the action origin-
ally taken was not changed by the Council cannot be reintroduced to
the council or placed on a Council meeting agenda for a period of
six (6) months unless this rule is suspended as provided for in
these Rules of Procedure.
7.12 The Previous Ousetion: When the previous question is '
moved and seconded, it shall be put as follows: "Shall the main
question be now put?". There shall then be no further amendment or
debate; but pending amendments shall be put in their order before
the main question. If the motion for the previous question is
lost, the main question remains before the Council. An affirmative
vote of three-fifths of the Council shall be required to move the
previous question. To demand the previous question is equivalent
in effect to moving "that debate now cease, and the Council immed-
Lately proceed to vote on the pending motion". In practice, this
is done with the phrase "Call for the Question", or simply saying
"Question".
7.13 withdrawal of Motions: A motion may be withdrawn, or
modified, by its movant without asking permission until the motion
has been stated by the Presiding officer. If the movant modifies
j his or her motion, the seconding councilmember may withdraw his or
her second. After the question has been stated, the movant shall
neither withdraw it nor modify it without the consent of the Coun-
cil. The subject different from that under consideration shall be
admitted under color of amendment. A motion to amend an amendment
shall be in order, but one to amend an amendment to an amendment
shall not be in order.
7.14 Appropriations of Money Before formal approval by the
Council of motions providing for appropriation of money, informa-
tion must be presented to the council showing purpose of the ap-
propriation. In addition, before finally acting on such an ap-
propriation, the Council shall obtain a report from the City
Manager as to the availability of funds and his .)r her recommenda-
tions as to the desirability of the appropriation.
7.15 Transfer o! Appropriations: At the request of the City
Manager, and within the last three (3) months of the budget year,
the Council may by resolution transfer an unencumbered balance of
an appropriation made for the use of one department, division, or
purpose; but no transfer shall be made of revenues or earnings of ,
any non-tax supported public utility to any other purpose.
a. ~,g~TION 0! CO ITTaBB, @O:nDB AND CONNISSIO A
B.J. Council Committees: The Council may, as the need
arises, authorize the appointment of the "ad hoc" Council commit-
PACE 11
A~aM(aNo_ g~•o~.z
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Date 9 a 7- qy
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tees. Any committee so created shall cease to exis upon the
accomplishment of the special purpose for which it was created or
when abolished by a majority vote of the Council.
8.2 Citizen Boards Com*_+issions and Committees: The
Council may create other Committees, Boards and Commisstons to
assist in the conduct of the operation of the City government with
such duties as the Council may specify not inconsistent with the
City Charter or Code. Memberships and selection of members shall
be as provided by the Council if not specified by the city charter
or Code. Any Committee, Board, or Commissioa so created shall
cease to exist upon the accomplishment of the special purpose for
which it was created, or when abolished by a majority of the vote
of the Council. No Committee so appointed shall have powers other
than advisory to the Council or to the City Manager, except as
otherwise specified by the Charter or Code.
! 6.3 ftggintments:
' (a) Individual City Counoilmembers making nominations for
members to citizen boards and commissions will consider interested
persons on a citywide basis.
i (b) The City Council will make an effort to be inclusive of
all segments of the community in the board and commission appoint- j
Mont process. City Councilmembers will consider ethnicity, gender,
sooio-economic levels, and other factors to ensure a diverse
representation of Denton citizens.
(o) The City Council will take into consideration an individ-
ual's qualifications, willingness to serve, and application infor-
nation in selecting nominations for membership to each board and
commission.
(d) In an effort to ensure maximum citizen participation,
City Councilmombers will continue the general practice of nominat-
ing new citizAns to replace board members who have served three
consecutive, full terms on the same board.
(e) Each City Councilmember will be responsible for making
nominations for board and commission places assigned to his or her,
which may correspond to the City Courcilmember's place. Individual
city Councilmembers will make nominations to the full City council
for the governing body's approval or disapproval.
8.4 Rules of Procedure: Board and Commission members shall
con1?1Y with the provisions of Article III of Chapter 2 of the Code
of Ordinances. Each Board shall be provided a copy of these rules
of procedure and each advisory board shall adopt rulee of procedure
governing the operation of its board, incorporating Sections 2, 31
5i and 7 hereof insofar as is possible.
PAGE 12
1
` endaNo y `O 3a
IIF
i Agoodatite
g. V0TE8 AEC9IRED ()dt9_-.-
~ /3 ` Questions on which the voting requirement is varied dY the
Charter, State Statutes and these rules are listed below:
9.1 Charter and State Statutory Recuiremente:
(a) darter Am ndmgnt - Five Votest ordinances submitting
proposed Charter amendments must be adopted by a two-thirds vote of
the Council. (Article XI, Section 30 Texas Constitution and Arti- J
Ole 1165, Revised Civil Statutes). For a seven member council,
this means five members must vote affirmatively.
(b) Levying Taxes - Five Votgg: ordinances providing for the
i assessment and collection of taxes require the approval of two-
thirds of the members of the Council. (Article 10331 Revised Civil
Statutes).
(o) Chanaina Pt}(intg Assessmen P],ADs - Five Votes: Changes
in plans for paving assessment require a two-thirds vote of the
Council. (Article 1105b, Section ii, Revised Civil Statutes).
(d) rha ~a■ in 2oninc Ordinance or 2oninc Classifications:
in cases of a written protest of a change in a zoning regulation or
zoning classification by the owners of twenty (20%) percent or more
either of the area of the lots included in such proposed change, or
of the lots immediately adjoining the same and extending two hun-
dred feet (2000) therefrom, such amendment shall not become effee-
tive except by the favorable vote of three-fourths (3/4) of all
members of the City Counoill six (6) votes of the City Council is
required to override the decision of the Planning and Zoning Com-
mission that a zoning change be denied.
10. PEt/EASl1ILITY Cmus
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinanca, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
PASSED AND APPROVED this the day of , 1994.
t
BOB CASTLEBERRY, F.AYOR
PAGE 13
i
A7
AgendaNo 4 - y.. w..~.. f
r p4onda1l
DaM 7-q
ry Iy
ATTEST:
JENNIFER WALTERSo CITY SECRETARY
j
BY:
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH O CITY ATTORNEY
. BY,. 1 I
` PAGE 14
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COUNCIP
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MUNfCIPAL BUILDING / 216 E. McKINNEY / DENTON, TEXAS 76201
x
MEMORANDUM ks
DATE: September 27, 1994
r TO; The Honorable Mayor and Members of the City Council
4
FROM: Jon Fortune, Management Services Administrator
~VVV1
SUBJECT: RESOLUTION APPROVING BUDGET ADJUSTMENTS
Section 8.07 of the City Charter allows the Council to transfer money from one office, ,
rig
department or agency, to another. Such transfers are processed annually in an effort
to 'clean up' the adopted budget during the last three 131 months of the fiscal year, s~
Please find attached a resolution that makes severel adjustments to the 1983-94 P
r .
r, adopted budget. These adjustments reflect the following changes: i w
Library edminiatrrtion requires an additional 82,812 to purchase supplies for the new t • ,.4
t book security system.
;
the Fire department requires an additional 821,000 for unanticipated fire fighter r
overtime. x
" The accounting miscellaneous divisions requires an additional 86,000 to cover
unemployment insurance which was higher than anticipated, and an additional
416,000 to cover the bank depository agreement which was higher due to smaller
balances held in checking accounts resulting from increased investment activities.
Facilities Management requires an additional 88,000 to pay for unanticipated water
expenses, 84,000 to repair a water leek at the DMC, and 811,000 to cover
x% unanticipated electrical expenses at the DMC.
'L 1 -41
8171666.8200 DIFW METRO 434-2629
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Memo to Council
September 27, 1994 Oats a 7'~'~
Page 2
The money required to transfer to the above General fund departments will come from
savings in Leisure Services, Park Maintenance, and Police departments. 1
Also requiring an adjustment is the Electric Fund. The Communications Division
requires an additional $5,000 due to unanticipated overtime related to the installation
of fiber optlcs at the DMC, and $39,10G to pay personal service expenses for an
I employee transferred from another division. The money required to transfer to the
above department will come from savings in the Electric Production division.
If you have any questions, please advise.
+`M 1 Aof j
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RESOLUTION N0.
A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1993-94;
AND DECLARING AN EFFECTIVE DATE.
x
1 THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION t. That the budget adjustments, as indicated on
Exhibit "A", attached hereto and incorporated by reference herein,
" for the fiscal year 1993-94 are hereby, in all things, approved and
ratified.
BECTI--_ O That this resolution shall become effective
imiaediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
r BOB CASTLEBERRY, MAYOR
ATTEST:,
%T$NNIFER WALTER$~,CITY SECRETARY
~ j
BYt r;<
APPROVED AS TO LEGAL FORMt I
DEBRA A DRAYOVITCH, CITY ATTORNEY
`M1 BY 1
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Date - r
< RESOLUTION EXHIBIT A
FISCAL YEAR 1993-94
YEAR END BUDGET ADJUSTMENT
CURRENT INC(DEC) MODIFIED i
QgNM D DI RE ET MOM DGET
f F1h Opwallo w 3,708,036 21,000 3,729,038
AooourdfV MWmlWrwA 646,014 20,000 888,014
Faollitlu Mwagwrwd 1,104,131 210000 11126,131
Poke DW&"W 8,484,202 (21,000) 8,443,202
;,103,804 {10,0001,093,804
W Go** Fund A4L* n t 1
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M 09089--s
,
Ebctrb F'Mduotion 62 66626 0 §2j? , 6
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t' ' CfTY of OSNTON, TEXAS MUNICIPAL BUILDING / DEMON, TEXAS 76201 / TELEPHONE (817) 6864307
r'. Office of the City Mapper
71i
I.
' , MEMt3FiAIJDL3M
TOs Lloyd V. Harrell, City Manager
`p
FROKi Rick Svehla, Deputy City Manager
1_.
k' DATZt September 73, 1994
SUBJZCT1 Airport FAA Grant Resolution and Airport Bid
The staff and the FAA are still working feverishly on getting all
of the paper work and documentation necessary for the grant. We
are still awaiting word from the FAA as to whether we will have all
of that' completed by Tuesday for thr Council. Attached is .
information about the grant and what our costs will be. 11e'are
suggesting lesving this on the agenda; and it need be, we would ~V
*fr substitute a resolution authorising Lloyd to sign for the grant it
+P,
rte, L' it matches the background that is attached. if we use this
resolution, we tiould pull the bid and put it on the October 4th `
r;
agenda. That way the Council would not havo to have a special
meeting before the 30th. of course, it wu have the offer, we will
proceed with the original resolution and the bid. +
If you or the Council has questions, we would be happy to try and
r}r", answer them for you.
r{
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Deputy City Manager
t~Ft 1 RSsbw I A..
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"Dedicated to Quality Service"
+
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CITY COUNCIL REPORT FORMAT Agep~~tlfC(g-Lf-'~"~
Rate
TO. Mayor and Members of the City Council `a
h FROMI Lloyd V. Harrell. City Manager w
Taxiway
g SUBJECTS 1R►viatiooAdministrationGfortthefRunwaymand the l
Extension.
RECOMMENDATIONS
sory rd and
It is the
taff ctamme tha oGra t OfferAifrom rportthe vFederalB Aviation
Airport
Administration be accepted. ;
SUMMARY: roved
the Federal Aviation Administration has tentatively app
a Runway and Taxiway Extension Project for 1,0with
ng $1 f the $Grant
ie75,OOO.0O dollars B o£Othe required amount.
t The- total viditcost
offering Pro E
t , BAC1C~ GR~ t
lication for this
The City of Denton has submitted a Preapp
Improvement in 19891 199C and 1991. r,
PFOGRAMS DEPARTMENTS OR GROUPS AFFECTED:
+ This agreement will not affect any other Department or Group. r.
r,
FISCAL IMPACTS
,.00 s to the Cit Denton
There will be a cost of =16Th
e8City dhas aspent 589,002Y00f dollars
E for tOb' percent funding. 1 ;
+,C
which will be credited toward the 51630889.00.
! Respe uily sub d•
r
Lloyd . Harrel , City M nager i
A' I
Prepared --by,s.,q.-
4 Joe Thompson, Air ort Manager M-
t ApickSv 1 , Deputy City Manager
••~dtiriW:YeJY~ab Sn:M4$:0tJ.wWw.e.t-••.•
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,I~ -037,
COST INCURRED BY THE CITY OF DENT~am No _
PAID
r 1. Porter Land $26,283.00
Legal Cost 501600
Appraisal 10000.00
2nd Appraisal 750.00
Review Appraisal 333.00
I.
2. Freese d Nichols -
Preliminary Engineering 37,556.00
+r { Design Engineering
3., Design Survey (City)' 17,586.00 f
Soil Test Southwest Labs 41993.00
4. Construction Survey (City) j
Per Roger Wilkinson
~f
5. Project Inspection -
(City) Inspection - Per Roger M.
(City) Continued Testing
Totals $69,002.00
'r.
City has paid to date: $89,002.00
City cost to be incurred. 74,887.00 Total- $163,889.00 4
i
r' } CITY COST IS 1163,889.00.104
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Tot The Mayor and Members of the City Council AQerdalt
Date 9-x,7-9y G
FROM: Joe Thompson, Airport Manager q
DATE: September 22, 1994
SUBJECTS A Resolution approving a Grant Offer from the Federal.'
Aviation Administration for the Runway and Taxiway
Extension.
w
Y t
€ The Federal Aviation Administration has approved a Project to
Extend the Runway and Taxiway South 1,000 feet. The Project
is for $1,638,889.00, with the Federal Aviation Administration
paying 901 of the cost or ;1,475,000.00. The City of Denton's -
share of money in the amount of $163,889.00, will be used as
the City's matching 10%.
It is, the recommendation of the Airport Advisory Board and
Airport Staff that the Grant Offering from the Federal Aviation
Administration in the amount of 51,4750000.00 dollars be
accepted. I+
.y" Joe'Thompson, Airport anager
' ~ ~ if II
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CITY:
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Ei\WPD0CS\RES\GRANT2.AIR
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Date ~ -
RESOLUTION NO. _
e A RESOLUTION ACCEPTING A GRANT FOR DEVELOPMENT OF THE DENTON
MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has submitted to the Federal Avia-
tion Administration an application for Federal Assistance, reques-
ting a grant of Federal Funds for a project for the development of
the Denton Municipal Airport; and
WHEREAS, the Federal Aviation Administration has approved a
project for development of the Airport consisting of a Master Plan
Update and Environmental Impact Assessment Report; and
WHEREAS, the Federal Aviation Administration has submitted to
the City of Denton a Grant Offer in the amount of One Million Four
Hundred and Seventy-Five Thousand Dollars ($1,475,000), as Author-
ited by the Airport and Airway Improvement Act of 1982 for such
airport planning and development; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City of Denton hereby accepts the Grant
Offer from the Federal Aviation Administration in the amount of
One Million Four Hundred and Seventy-Five Thousand Dollars
(41,4751000), and agrees to comply with all of the assurances and
conditions contained within the Grant Offer and Application.
SECTION II. That the City Manager or his designate is hereby
authorized to execute such written agreements as are necessary to
receive the funds from the Federal Avia'ion Administration.
SECTION Iii. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPRO%!D this the day of , 1994.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY i
EYi
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
i
1
i
N
}
I~\W*DOC9\PJS\0RANTI.AIR Ap*ge q~ /j.Z~
Date 9
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FOR
DEVELOPMENT OF THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN
EFFECTIVE DATE. j
WHEREAS, the City of Denton has submitted to the Federal Avia-
tion Administration (FAA) an application for Federal Assistance,
requesting a grant of Federal Funds for a project for the
development of the Denton Municipal Airport; and
WHEREAS, the FAA has approved a project for development of the
Airport consisting of a Master Plan Update and Environmental Impact
Assessment Report; and
WHEREAS, the City Manager P ,,o been advised by FAA officials
that the Federal Aviation Administration may soon submit to the
City of Denton a Grant offer in the amount of one Million Four
Hundred and Seventy-Five Thousand Dollars ($1,475,000), as author-
iced by the Airport and Airway Improvement Act of 1982 for such {
i. airport planning and development; NOW, THEREFORE,'
E` THE COUNCIL OF THE CITY OF DENTOM HEREBY RESOLVESt
r
SECTION I. That the City of Denton hereby authorizes the City
Manager to accept the Grant Offer from the Federal Aviation Admin-
istration in the amount of One Million Four Hundred and Seventy- I
Five Thousand Dollars ($1,475,000).
}
SECTION ii. That the City Manager or his designate is hereby
E authorized to execute such written agreements as are necessary to
receive the funds from the Federal Aviation Administration.
$ECTjON IiI. That this resolution shall become effective
' immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR
i ATTESTS ;
f s
JENNIFER WAI1I'ERS, CITY SECRETARY
t BYt
APPROVED AS TO LEGAL FORMi
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYt
3
Et\MPDOCS\RES\GRANTI.AIR Wp ~Q
Apdalt S
NO
Z ~
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FOR
DEVELOPMENT OF THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has submitted to the Federal Avia-
tion Administration (FAA) an application for Federal Assistance,
.-gequesting a grant of Federal Funds for a project for the
development of the Denton Municipal Airport; and
WHEREAS, the FAA has approved a project for development of the
Airport consisting of a Master Plan Update and Environmental Impact
Assessment Report; and
WHEREAS, the City Manager has been advised by FAA officials
that the Federal Aviation Administration may soon submit to the
City of Denton a Grant offer in the amount of One Million Four
Hundred and Seventy-Five Thousand Dollars ($1,475,000), as author-
ized by the Airport and Airway Improvement Act of 1982 for such
airport planning and development; NOW, THEREFORE,
} THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESs
I' SECTION I. That the City of Denton hereby authorizes the City
Manager to accept the Grant Offer from the Federal Aviation Admin-
istration in the amount of One Million Four Hundred and Seventy-
Five Thousand Dollars ($1,475,000).
i! SECTION II. That the City Manager or his designate is hereby
I authorized t0 execute such written agreements as are necessary to
receive the funds from the Federal Aviation Administration.
SECTION III. That this resolution shall become effective
j immediately upon its passage and approval. 1
PASSED AND APPROVED this the day of
1994.
BOB CASTLEBERRY, MAYOR
ATTEST!
JENNIFER WALTER8, CITY SECRETARY •
YYI
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
1
BY,
!
III
I
AQIndzNo ~ _
Dde
3 dp
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORXS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
CompetitiveS#bidse City thes construction received
public works and tabulated
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
F plans and specifications therein; NOW, THEREFORE, proposals and
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
SECTION I. That the following competitive bids for the
construction of public works or improvements, as described In the i
"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 bidet
i
BID NUMBER CONTRACTOR AMOUNT
I
1673 SUNMOUNT CORPORATION ;1,319,712.00
SECTION II. That the acceptance and approval of the above
compet five i s 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.
4 SECTiON_III. 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.
a.IN
.
jtM*N0-,.2 -O
Apendalts
Date /a 7 4
SECTION IV. That upon acceptance and approval othe above
competltfve Tiids 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
immed ate y upon its passage and approval.
PASSED AND APPROVED this the _'day of 11994"
a
' BOB CASTLEBERRY, MAYOR i
ATTESTt
JENNIFER WALTERSi CITY SECRETARY N,
k
BYi
•i I
s;
E.
"PROVED AS TO LEGAL FORM
DEBRA A. DRAYOVITCH, CITY ATTORNEY
ei
} BYt
S i Ar •!r Ja.•
r Ir j`
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DATE: ER 4T 1994 b
CITY COUNCIL REPORT Dale /9 q
sq 7
TO: Mayor and Members of the City Council
FROM; L1oya V. Harrell, City Manager '
SUBJECT: BID # 1673 - AIRPORT RUNWAY EXTENSION
RECOiiibENDATIONs We recommend this bid be awarded to the low bidder, i
Sunmount Corporation, in the amount of #1,319,742.00. I
SUMMARY: This bid Is for all labor and materials necessary in the construction of
thethe uxlenWon to Runway 17-36 of the Denton Municipal Airport. Co'natruction will
consist of Schedule I 1000 feet of runway extension, Alternate I - 660 feet of 48"
concrete reinforced pipe and Schedule II - removal and relocation of Localizer. This
project will be funded by a grant from the Federal Aviation Administration which will
j cover ninety percent of the cost and the City will fund ten per cent of the project. E
Five bid proposals were received in response to sixty notice to bidders m Bled to
contractors... ~
` BACKGROUNDs Tabulation Sheet, Memorandum from Freese-Nichols, [no.
PROGRAMS DEPARTMTS OR GROUPS AFFECTED: Airport Staff and Citizens
u, s g the Denton uric A rport.
FISCAL n1PACT: Funds for this project will be split between the City of Denton
and t e Fe era viation Administration. The City will Le paying 10%.
Reap.ully sub edt
oy . Harre
E City Manager
I
Prepared By:
ame, De se Harpoo
Title: Senior Buyer
proved:
Name: Tom D. Shaw) C. P.M.
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.~f~l:vM'u'A,"~Z,!'~d'~r'y'Fryly:•f~~,, r 1r.,I.?~N`rvrt+,.
I 1673
{BI F A W SUNMOUNT GILBERT ORVAL DUNINICK i
AIRPORT RUNWAY EXTENSION
ELECTRICAL ORPORATIO TEXAS HALL BROS.
N g SEPTEMBER 20, L994 CONTRACTORS CONST. EXCAVATING
CORP. CO
!,~'-D N s:: ~VBND R' ~ N •zkV DO "r; 'N"~,, DOR' BNDOR
SCHBDULBI $1,116,402.50 $1,181,458.00 $1,241,543.00 $l,S40,Sbi.00
Q
ALTERNATBNOA-9CHBDULEI $172,340.00 $129,012.00 $161,942.50, $149,$40,6
SCHEDULE ! L118 ALTERNATE - 31,288,741.50 31,310,470.00 $1,403,485,50 $1,499,424.Q0
NO. 1
4 SCHBOULB H $45,000.00 $31,000.00 $37,700.00 $200000.00 e`
r ,
BOND YES YES YES YES YES
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D ; TO 9!81938373621//93225 P002/002
____.O1,51P1i PIN 11I££S£ 6 1168015
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A wC~E N T U R Y O F 9 E R V I C E al~o4 • 4~
aqe fait k ;r
74-7
September 22, 1944 pReasa +4lofau
Mr. Joe nompsoa
Airport MatsAeer
Denton Municipal Airport
=A rport
9Cexas Road76207
RM Denton Municipal Airport
DTN93226
- Dear Mr, Than*
`The bids recl an September 20,1994. for the extension of Runway 17.35 and asodated
work at Benton Municipal Airport, leave been reviewed,
l
It is reoomtsletlded that the contract be awarded to Sunmount Corporation, in rho asnouot
a of the low total bid on Schedule Is Schedule I Afurnata No. 1, and Schedule U as follows;
` i Schedule [ St,11b,402.50 ~ ;
Alternate 1 S 172,340.00
6ebeduk ti S 31,000.00
Total S 1,3 t9,74x.00
'ibis recommendation is predicated on the withdrawal of the bid of Minnick &others an
Schedule B.
if you have any questions, please call me at (g17) 735-7360.
Yours truly.'
F'Rp%sl3 AND NICHOM INC,
Gerald Music . P.B.
Senior Aviation fingineer
E prn,~g~'r:u.rit~DWABG1C6Ail
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rm" and Nkh*. W. En En,Araxra~ ad.mMt. Arohlt~ob
40 3 617100 IANro 17 1900wo~ 117.73!44911
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MEMORANDUM
To: Lloyd Harrell - City Manager
From: Tom Klinck - Director of Human Resources
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oats: September 22, 1994
Subject: Recruitment, Selection 6 Placement of City Attorney
At the request of City Council, i have prepared and included
information for Council members to discuss and provide
j direction to staff on the recruitment, selection, evaluation,
and placement for a new City Attorney. {
additional f detailsjil to decide
Thai are major Attchment components l o for the process
a
I. Recruitment
I. Executive search firm and/or Human Resources
Department staff
2. Updated Job Description and Job Opportunity
Announcement (included in Attachment I)
3 Internal vs. External Opening 3',!
4. If external, advertising and time period
6. Recruitment Profile major issues that the City
Council fools are important for the deal candidate
to demonstrate (see Attachment I for a sample)
a. Compensation and Benefits - target salary range,
benefits, relocation assistance, sta.
y,.
II. Selection and Evaluation
1. Process - initial screen, secondary screen, tour and
orientation to the Denton community (if external),
finalists interviews, etc.
2. Evaluation Criteria (example competencies below):
Technical ation
;r
and Leadershipxandlmanagementc- educat onxandience
y, experience
Communication - oral, written, presentation, eta.
-
ih - Media relations skills
- Others important to City Council
III. Placement
1. Final selected candidate
offer and negotiations
2
issues
~ 3. Contract
- salary and benefits l
- Start Date
- Relocation assistance (if out of Denton)
Council expectations
R
mid-1980's
Attachment II is a booklet developed in the
to assist process for
p
selection
guiding the Council in the
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September 22, 1894
Memo to L. Harrell - Recruitment/selection of City Attorney
Page 2
Council appointees. I've updated this document, and it
outlines two alternatives for assisting Council with the
appointment:
1. an executive search firm or
2. the Human Resources Department internal staff
There could be a combination of assistance and division of
tasks.
f Attachment III is an updated salary survey for the City ,
Attorney position. This is the most recent information
{
available based on salary survey data submitted to City
Council in April, 1994, during their deliberations on
{ compensation for their appointees. With the adoption of
t budgets by many cities October 1, 19940 these salaries may be
shifting in the near future. But, based on this survey, a
1 recommended target salary range, using salary only, is:
Minimum Midpoint Maximum
Salary Salary Salary
(80%) (120W)
f
y s ~ Annual $64,792 =819000 =971190
Monthly 5,399 ' 8,750 80099
E Hourly 31.15 38.84 48.73
@ t
The usual practice In our organization is to advertise a
hiring range of minimum salary to midpoint salary (in this
case, $8,399 to $8,780 per month). This will provide for
negotiations of a salary based on the selected candidate's
jaialiflcations g experience, current salary, additional
` education, sto. and other factors which the desire
~I d candidate
1 demonstrates to justify a higher than minimum pay.
fi Attachment IV is a summary of benefits provided to City
IN employees. Again, these are issues that the Council might
want to consider and include in representing the position
when recruiting. Benefits are also & consideration in
negotiating the total compensation package for the desired
F candidate,
Attachment V provides alternativss of schedules. and time
estimates for the recruitment and selection process. The
schedules suggest estimates for an internal only process, a
recruitment for candidates inside or outside the organization
using HR staff, and a recruitment using an executive search
firm.
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Date 9 ~
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September 22, 1994 6g
Memo to L. Harrell - Recruitment/Selection of City Attorney
Page 3
Please let me know if I can provide further information.
I
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Tom Klinc
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ATTACHMENT I
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ApendaMa~~~2
Otte '
City Attorney .S' 1
Recruitment, Selection, and Placement Ur~
Factors for City Council Direction
r I. Recruitment
1. Executive search firm and/or Human Resources
Department staff, cost and timing factors, etc.
2. Updated Job Description and Job opportunity
Announcement - major duties and responsibilities and
minimum qualifications, etc. (included in this
attachment) E
3. Recruitment Profile - major issues that the City
Council feels are important for the ideal candidate
f to demonstrate (included in this attachment is a
sample); some suggested items are:
- Community issues and awareness
- Organizational issues and awareness
Technical education, expertise and experience
- Leadership and management education, expertise and
experience
- Council expectations concerning the role of City
Attorney, legal representation, Legal Department's
focus, interaction and support to other City
departments, etc. {
f 3. Input from City Manager and City staff '
4. Compensation and Benefits - target salary range,
benefits, relocation assistance, etc.
6. Advertising - internal only vs. external; if '
external, advertising copy, publications and
advertising sources, advertising costs, length of
time - advertising to close, etc.
I> 11. Selection and Evaluation
r 16 initial screen - paper screen of resume's and
introductory letter; criteria to use; establish pool
of 20 - 30 candidates, notification of rejects, etc.
26 Secondary screen - telephone screen and/or written
` responses to a questionnaire, criteria to use,
establish semi-finalist pool of 10 - 16 candidates; j
notification of rejects, etc.
3. Semi-finalist screen - telephone screen of
references, criteria to use, determine finalist list
of 3 - 6 candidates, notification of rejects, etc.
Ili. Final Selection and Evaluation
1. Acquaint finalists with community (if external to
Denton) - tour of city, reception with and meet key
leaders and those the City Attorney interacts with
on regular basis, explanation of residential areas,
school system, and other positive aspects of
community (sell Denton to finalists, if out-of-
towner) (Finalist Information Packet, Orientation
and Tour - samples included).
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Apendalt , ~
2, Finalist Interviews recommended questions,
- Suggested areas of inquiry,
evaluation and selection decision criteria, etc,
- Technical Competence
- Leadership and Management Skills
Financial/Budgeting Skills
Planning and - Communication Skills Organizing:
- Writtero
- Oral (interpersonal, etc.)
- Presentation
Media Relations skills
3. Input from City Manager
selection Decision
- Decision process
- Offer negotiations with final desired candidate
- Relocation assistance (if required)
,t - Notification of non-selected finalists
IV. Placement of New City Attorney S
i. Relocation of City Attorney (if required)
f' 2, City Council expectations and performance evaluation
3. In-processing with Human Resources (Payroll, health
insurance, TMRS, etc.)
4, introduction with City Staff
a" t 5. Introduction with key comr►unity PeOPIe and
organizations
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Venda No 41 -6
Agenda) 7
Date 27 APPROVAL DAM 01/01192
7 44 6 p REVISION DAM
Q PAY OPADle !a
DSPARTHMs Lecal DIVISIONS
i JOB TIS'21 City Attorney JOB MUM SR# JM1D
TITL2 Of IMM NATt SUPERVISORt city council
MAJOR DUTIM
o Represents the City in litigation, Including condemnation, claims brought
against the City, and other matters requiring legal cuunsell prosecutes
and defends suits for and on behalf of the city In all courtal }
administers oaths, affidavits, and the prosecution of all cases brought ;
before the municipal court.
o serves as legal consultant and advisor to the City Council, City Manager,
and Directors*
o Conducts legal research) submits oral and written opinions/ submits
filings, pleadings, briofv, and motional drafts ordinances, litigation,
resolutions and proolamational negotiates, drafts and/or reviews
contracts and other 1*I documents involving the Cityl monitors the
prosecution of violators of municipal ordinances.
o Attends City council meetings and board or commission meetings as
appropriate.
o stays informed of legislative and legal issues and recommends appropriate
action to the City Managerl represents the city at state and national
i conferences.
6 o Supervises the operation of the City Attorney's offioel organises and
} coordinates the activities of the City's Legal Department# consisting of
professional and support start.
o Develops short and long range plans for the Department) establishes broad
priorities and work sequences) allocates resources.
{ o tvaluates the performance of subordinates) establishes performance
standards varnin9 departmental 9esformance1 and establishes csltsri
a
for improved job efficiencyl determines training needs for subordinate
staffo
o enforces policies and procedures eat forth and/or published for City
employees.
o Prepares monthly and annual departmental reportsi prepares and submits
with required documentation, the annual budget request for the Legal
Departmentl authorises departmental expenditures.
I o Initiates and approves policies as a member of the Executive Committee
which addresses problem-solving Issues related to municipality,
facilitates problem-solving.
o Serves a legal consultant and advisor to the City Council, City Manager,
and staff, as well as boards and commissions.
i
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We ~ APPROVAL DATA, 01/01/92
7 oS 6p Rs<rsesoN DAT:1
PAY ORAD2t 28
DHPARTXSK?t_ Lecal DIVISIOKB
JOB TITLSs_ City Attorney JOB KW9%R8 JM10
TITLS OF IMMEDIATE SUPERVISORS City Council
MAJOR DMTIEas
o Represents the City in litigation, including condomnatlon, claims brought l
against the City, and other matters requiring legal counsel] prosecutes
and defends suits for and on behalf of the city in all courts; j
administers oaths, affidavits, and the proms cation of all cues brought
before the municipal courts
o serves as legal consultant and advisor to the City Council, City Manager,
and Directors.
o Conducts legal researchl submit■ oral and written opinions; submits
filings, pleadings, briefs, and motions drafts ordinances, litigation,
resolutions and proolamationsi negotiates, drafts and/or reviews
contracts and other legal documents involving the City/ monitors the
prosecution of violators of municipal ordinances.
o Attends City Council meetings and board or commission meetings as
appropriate.
o stags informed of Legislative and 1e991 issues and recommends appropriate
action to the City Xanager; represents the City at state and national
conferences.
o Supervises the operation of the city Attorney's officel organises and i
coordinates the activities of the City's Legal Dopartmonts consisting of j
professional and support staff.
o Develops short and long range plans for the Department; establishes broad
t~ priorities and work sequences; allocates resources.
k o evaluates the performance of subor4inates1 establishes performance
standards governing deppaartmental performance; and establishes criteria
for improved job eftioiency► dotsrmines training needs for subordinate
i staff.
o Enforces policies and procedures not forth and/or published for city `
employnor.
o Preppaatoo. monthly and annual departmental reports prepares and submits
with required documentation, the annual budget request for the Legal
Depastmantl author!tes departmental expenditures.
o Initiates and approves policies as a member of the Executive Committee
which addresses problem-solving issues related to smunieLpality,
facilitates problem-solving.
k o Serves ■ legal consultant and advisor to the city Council, City Managers
and statfs as well ae boards and commissions.
1
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, Apenda4
7
CITY ATTO M Revised, Paoe 2 of 2
o Prepares the departmental budget and authorizes expendituree
appropriately.
o Performs other related duties as dlreoted by the City Charter or as
assigned.
x MyNtwn d1ALIPICATIOn,
1
o 'Graduation trove law school.
- o Plvs years experience in the practice of law, at least two years of which
is in munioipal government. r
o iridence of continuing professional development.
o tieereed to practice law in the State of Texas.
o Valid Texas class •C• driver's license.
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' Morcae/AM01829
CITY OF DENTON, TEXAS ' ~6 d
DIRECTOR OF PARR AND RECREATION
RECRUITMENT PROFILE
Denton citizens expect and receive high quality public services. They look to the
Director of Parke and Recreation to ensure that the programs and services
administered by the department are conducted in a professional manner, with '
openness and integrity. The Director of Parke and Recreation is looked to as a
I`I visible, public leader and should value Input and participation by all segments of the
k community.
The City Council Is seeking a strong, professional and energetic director to lead the
National Gold Medal Award winning department in providing quality services to
Denton residents and businesses.
High Priority Issues:
o Revitalization and restoration of department's outstanding reputation. Highly
skilled strategist who is able to move the department forward to a new plateau I
while understanding how Parke and Recreation fits Into the global view of City
Government.
o High energy, positive communicator who can be seen as a leader by his/her
staff and the community at large as well. Rebuild and instill a new sense of
team within the context of "quality service" for the department as a whole.
1
o Proven experience in developing organizational culture that Is highly sensitive j
to budgetary control and (local responsibility. Improvement of division j
management accountability through the implementation of fundamental
management systems processes, policies, and procedures.
o Improvement in leadership of governing board as well as the ability to inform,
1-arsuade, influence, and lead as necessary.
o lmprovement of political sensitivity to potentially volatile issues both on-going
and to they arise. Must be out front of "hotbet" Issues and act to prevent
escalation of vested interest groups into political furor with the Inherent
ability to act in the best interest of the City.
o Improvement of this key leadership position in its partnership with the Denton ?
Independent School District, two major universities, and community of Denton '
as a whole.
k' o Commitment to major new Initiatives the department is currently involved with
including it multi-year commitment to Texas Special Olympics, new 200 acre
major perk acquisition) and planning community pool renovation.
Education t
o Bachelor's Degree in parks and recreation or administration.
I
1
1
Dane
Experience:
I o bUnlmum of three years of management experience in a municipal Parke and
recreation department or five years of progressively responsible team
management experience in a municipal parks and recreation department.
Experience as a director In an organization of Denton's approximate else or as !
an assistant director in a larger organization is desirable.
o The Director must be an outstanding communicator with specific experience
f in strategic planning and implementation of capital projects and a strong
financial background.
Personal Characteristics:
o Rational and analytical, "No nonsense" and "bottom-line" oriented with the
ability to instill these values throughout the department
o Strong personal values of sensitivity to protected classes must be Inherent in
management style
o Listener, communicatorand coalition builder, with a son sitivity to the interest #
of the various "publics"
o Sensitivity to the Importance of
good public relations, skill with the news
media, good written communication skills and effective public speaking and
presentation ability
o Strong personal and professional image including the ability to effectivel
represent the City's interests y
o Open, approachable, non-defensive and accessible
o Team builder, staff developer, effective delegator of authority, responsibility
and accountability
o Honest, ethical, and ^^••ral, with the highest sense of personal character and
Integrity
d o Forward-looking, visionary, and proactive, Including the skill to serve as the }
catalyst for the reconciliation of divergent interests and points of view and as
an advocate for the most advantageous course of action
o Creative and innovative, with the ability to Identify a range of policy options
i and alternatives and to project the oonsequences of each
o Balanced, open-minded and receptive to input from all segments of the
community though wiling and able to make decisions and defend the outcome
f
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1
AQendaNo l~-0$Z
~ Apeadal(R/27/9y
t CITY OF DENTON Date
CITY ATTORNEY
r FINALIST RECRUITMENT
PACKET
1. Introduction
- Welcome letter from Mayor
II. Community information
` - Map
- Denton Independent School District
- Neighborhoods - residential areas
- Business and Industry
r " - Utility Rates
(Economic Development information - Blue Binder)
III. City of Denton Information
- City Council profiles
- Organization Chart
- Legal Department
- Organization
- Budget
1 - Job Descriptions
- Staff profiles
Compensation plans
Benefits information (booklets, eta.)
IV. Miscellaneous
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i CITY OF DENTON Age all Q7~
CITY ATTORNEY Ddt9 j
FINALIST RECRUITMENT
ORIENTATION d TOUR OF DENTON `
1. Introduction
Welcome by Mayor
II. City Hall
III. Legal Department
IV. Denton Municipal Complex (Muncipal Court i Law
Enforcement Complex)
V. other City Facilities
F 1i
VI. Residential Areas
E VII. Business and Industrial Areas
r VIII. Schools
- DISD
- UNT
- TWU
IX. Human Resources Briefing on
Residential Areas and Housing'- Barbara Russell
i! City of. Denton Benefits program
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ATTACHMENT II
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Ape~ial
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CITY OF DENTON
SELECTION GUIDELINES
FOR
COUNCI&A,PPOINTED POSITIONS
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1 TABLE OF CONTENTS ~enda~t Zfi
INTRODUCTION 150
FLOW CHART
1. PRE-RECRUITMENT PROCEDURES
11. WORKING WITH A SEARCH FIRM
A. PROCEDURES FOR SELECTING A SEARCH FIRM
B. PRE-INTERVIEW COUNCIL DECISIONS
C. ROLE OF HUMAN RESOURCES DEPARTMENT IN SEARCH FIRM PROCESS
D. PRE-INTERVIEW PHASE
E. INTERVIEW PHASE
F. COUNCIL DELIBERATION PHASE
0. OFFICIAL APPOINTMENT
H. PROCESSING THE NEW EMPLOYEE
111. HUMAN RESOURCES DEPARTMENT RECRUITING
A. PRE-RECRUITMENT PROCEDURE
B. RECRUITMENT PHASE
C. HUMAN RESOURCES DEPARTMENT RESPONSIBILITIES
D.. PRE-INTERVIEW COUNCIL DECISIONS
E B. PR -INTERVIEW PHASE
F. INTERVIEW PHASE
0. COUNCIL DELIBERATION PHASE
H. MAKING THE OFFER
1. OFFI^.IAL APPOINTMENT
` J. PROCESSING THE NEW EMPLOYEE
IV. COUNCIL DESIGNED RECRUITMENT PROCEDURE
APPENDIX A PRE-RECRUITMENT FORM
f APPENDIX B JOB OPPORTUNITY ANNOUNCEMENT SAMPLES
APPENDIX C SEARCH FIRM ARTICLE i
APPENDIX D1 INTERVIEW WORKSHEET
APPENDIX D2 EVALUATION SHEET
APPENDIX E APPLICANT SELECTION FORM E
t APPENDIX P I.E'ITER OF APPRECIATION SAMPLE f
.
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INTRODUCTION
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{ These guidelines ae designed to facilitate the selection process for positions that require city Council
sppointm m 'ire main objective of this domment is to provide City Council with clearly defined
procedures to be used in the selection process of these positions. The following are designated as
Council-twpolnw positions:
C Cil Manager
o City AamaY
o Municipal Judges and Alternate MuMclpal Judges
Ir t
The Human Resources Departn7ew (M Deputmem), under purview of the City Mana jer, will serve
s ' m the employee t'ewulnmem resource for the City Council.
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FLOW CHART OF THE Dat9 r:
APPLICANT SELECTION PROCESS 170j 1. PV*Reerakmeot pmeedora
o couwa review pm
reeruila~eot auteri.t
a coutKil releete recn&T d
apdoa
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tta. Swareb Firm Seleedoa IIN 1&-bom Rumkmeat
Frond" Proeedox
o Cauwa kdwvim ud o Couooil appiova
abota 3eareb arum Camca
o Cowwa appma ejrxakm Datpted ~ p
wpb samb rum Dptlon o Council brwudr pm
roaukmat form to HR
UI, Prslatervinv PM"
o Coma mu* bditmm
" o eefem U w u,d
Plea bf bhrvic"
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IV. taHerkw PM"
o eowa bder&" an
referred appyicaotr
a Council dircuum ubry,
bene8r enpeeladoa sod
~ reWa►oe obedn
V. cooata Deilbeeadoo Pbua
o Cauooa mAerjob offer or
I ` requeete 00 rcomkmat I
beya wk
o Ap~Gatw od abded are
so" d by HR DepeAmmt
VI. Appabhud Place VII. Re"vate Recra"eat
o CoaulloompWa Appbum Proeew
nquab HR `
o S°leoti?n _ .a= o Cvjwa Departrowflo
MXWDc " rmkdm to Gouda asa1v Lad
h o Camcl opprova raobitioa
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o IU HR Depulmeat
prooaea the new employe
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` I. PRE-RECRUITMENT PROCEDURES MrIt3tt
At the time a vacancy occurs In one of the appointed positions, the Council will determine the
recruitment resource (search firm, in-hog v, or Council designed option) to be used In filling the
position.
For Council appointed positions the staff will make a recommendation concerning: Wary to the
Council after evaluating current market conditions and the avallability of recruitment resources.
Once the method of recruitment Is established, the following process will take place.
,r
A. Council Review of Pre-Recruitment Materiel
The Council will review the Job oppomnlty announcement and the Job specification and signify
their approval by forwarding the signed documents to the City Manager. If revisions are needed
to either document, the Council returns them with specific instructions on the needed changes.
Should the Council desire, the revised documents can be returned to them for approval prior to
posting.
B. Ere-Recruitment Form
ILI
Along with the kb opportunity announcement and the job specification, the Council will also
receive the pmreaulmtent form (see Appendix A). This form will provide the following
information for Council perusal:
1. Proposed recruitment plan
2. Issues for council consideration
3. Clurrentbenefits and conditions of employment assigned to the position.
C. Selection of Recruitment Options I
Following this Council's approval of the pre-recruitment material, they will inform the City
Manager of the final recruitment plan. Based on the Council's decision, the HR Department
will:
1. Begin the recruitment process
2. Begin the swrch firm selection process or
3. Act upon Council's directive
It Option 2 Is selected, proceed to Se11. If
Step Option 1 Is selected, proceed to Step III. In the
event the Council elects to tailor their own recruitment plan, proceed to Step IV.
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II. WORKING WITH A SEARCH
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A. PROCEDURES FOR SELECTING A SEARCH FIRM
I. If the Council selects the services of a search firm, the following options are available:
A. Instruct the City Manager to contact a particular search firm with whom they have had
recent experience, or
b. Instruct the City Manager to solicit search fine proposals for their review.
2. Once the Council d*nnhm the search firm(s) with which they want formal
presentationsMtervim, the HR Department will notify them of the time and place of their
interviews.
3. Followlnj the Council's selection of a search firm, they will notify the City Manager of
their dwision. The HR Department will notify all firms Involved of their decision.
4. The HR Department, In cooperation with the City Attorney, will draft a letter of agreement
between the City and the search firm-
a. The City Attorney will draw up the ordinance authorizing the use of the search firm
b. The HR Department will place the Item on the Council agenda for approval.
S. The Council will forward the signed letter of "meat to the City staff who win then
fore wd it to the search firm.
13. PRE-IMERVIEW COUNCIL DECISIONS
' 1. The HR Department will prepare a list of possible questions for the Council's review.
E 2. The Council will then make the following decisions:
L Select the Mal Interview questions 11
b. Decide If a committee Is to conduct the interviews or if the entire Council Is to take 1
part
e. Decade on which of the selected questions each member of the Interview panel wW
address, and forward them to the City Manager for preparation of the final document.
3. Ahhottgh tact limited to this, the following criteria may be used by the Council In making
their selection:
a. I.eadership skills f
b. Team management philosophy
i e. Interpersonal skills
d. Flexibility
e. Public speaking skills
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L Cooperative aplrk AQentlai
Experlnce In municipal government Date
' h. Philosophy toward 'open door' polity
I. Experience in community development 6 g
J. Budgeting and finance experienoe.
4. The HR Department will also provide the Council with a scoring form to facilitate the
selectbn process (see Appendix BI and E2).
C. ROLE OF HUMAN RESOURCES DEPARTMENT IN SEARCH FIRM PROCESS
After the b" meeting, the Council will decide if they want the Director of Human Resources
to serve as the contact person for the search firm.
If the Council elects to appoint the Director of Human Resources u facilitator the following
process will take place:
1. The HR Department, under purview of the City Manager, will act as facilitator between the
search firm and the Council.
2. The HR Department will provide the search firm with introductory Information to
carndWates about the City.
I
3. Ike HR Department will also provide the march firm with the Council approved
pre-recruitiri mt form oudWmg the Wary, benefiu, etc., relevant to the poiulou.
D. PRE-INTERVIEW PHASE
I 1. The Council will Inform the City M
lrtlervlews. onager of the tithe and place they wish to conduct the
2, The HR Department will schedule the appointments and inform all pestles Involved, In
writing, of the time and place of their respective appointments.
3, The HR Department will provide the Council with a current salary survey of comparable 4
positions, if requested to do to.
I
E. INTERVIEW PHASE
1. The Council will Interview all referred applcants.
2. FoHowlrtg the Interviews, the Mayor will.:
a. linulre Into the applicants' salary expectations
b. Get applicant approval to contact current employer.
3. Alter concluding all interviews, the Council will select the candidate of their choice.
.3. 3
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ApeoGaNo.____0'ef
4. Ilse Council will then discuss and define the terms of the offer amoll e ,
both their Initial and secondary offers. V
5. Ilse Mayor will doctunent this Information on the Applicant Selection Form (see Appendix o
E) oudWq the followlnS information:
L Salary
r b. Beneflta
e. Hove of work
d. Conditions of employment
e. Applicant approval to contact present employer
f. Any other agreementa with reSard to employment (I.e., authorization of overtime,
performance reviews, and salary Increases).
F. COUNCIL DELIBERATION PHASE
p°
The Mayor will make the offer of employment to the selected candidate by phone.
1. The Mayor has the freedom to move to die secondary salary offer if needed. Beyond the
secondary offer, the full Council must be consulted.
2. 7U Mayor will make the offer of employment to the selected candidate by phone aid with
a follow-up letter.
3. IUe HR Department will prepare a letter of welcome Indicating the date and time to report
to the HR Department office for processing.
4. After the candidate accepu the position, the IollowinS steps will take place:
a. 1ba Council will Inforn, the City Manager of their decision s .
b. The City Manager will notify the HR Depttrhnent of the Council's decision
e. The Mayor will notify the unsumsshil applicants by phone and with a follow-up
letter (she Appendix F)
I` 0. OITICIAL APPOINTMENT'
1 Upon aooeptanee of the position by the applicant and receipt of the applicant selection form f
(see Appendix E), the HR Department in cooperation with a deft sated attorney will draft
the letter of greement and the resolution.
p 2. Ilia HR Department will place the resolution on the Council's agenda for appro ral.
{ H. PROCESSING THE NEW EMPLOYEE
At the appointed titre, the HR Department will meet with the new employee to prepare the
necenary payroll and benefits forms.
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III. HUMAN RESOURCES DEPARTMENT RECR
i Date 14
ZZo$ d~
A. PRE-RECRUITMENT PROCEDURE
j 1. If the Council asslSns the rocnilanent task to the HR Departmed, the following p•'oceduro
{ will Was place:
L The Council will request that the City Manager begin recruiting for the appointed
position
b. The HR Department will be assigned the task of resulting candidates for the position.
i 2. Upon neoelpt of the assignment, the HR Department will submit the following material to
the Council for their approval:
` a. A detailed outline of the proposed resultment process
b. An example of the advertisement and a list of the publications in which it will appear
e. A COPY of the pre-resuitrneat form outlining the salary, benefits, hours of work and
conditim of employment previously assigned to the position
d. A list of possible questions to be used In the Interview.
3. FoiW** their review of the material, the Council will determine:
L Salary, benefits, bourn of work, and conditions of employment to be used in
adveNsing
b. Questions they want on the interview questionnaire.
4. The Information Is then forwarded to the City Manager.
t B. RECRU!'I'Nm PHASE
1. Upon receipt of the pre-mmitmert Information, the HR Departmert will begin the
recruitmnt process.
` 2. The Cottncil will be provided with a monthly report on the status of the recruitment
process.
3. Based on the staff recommendation and information provided by the monthly report, the
i Council will lnsunct the City Manager to stop recruitment activity.
C. HUMAN RESOURCES DEPARTMENT RESPONSIBILITIES
3 1. The HR Department will acknowledge receipt of all resumes with a letter within ten (I0)
working days. When adequate response has been generated, a recommendation will be
made to the Council In the monthly report to caste re=ltment activity.
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IW914
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2. Dale The HR DcPutnent will evaluate all resumes based on the criterls
opportunity announcement, and only those that meet the minimum c
complete a formal application for the position. However all resumes WIN be forwarded to "Irlcvjm will
the Council for their perusal.
3. F01JW ug the Council's review of the resumes the HR Department will conduct
i
J pre-XrftWng Wervkws, If asked to do so by the Council.
4. Folbwln; the pro-screening bank", the HR Deg"
The referral win consist of the names of all alitteieat will muk+ a formal referral.
assigns the HR qu aPPOcatits. In the event the Council
DV the task of pre-screening the applicaMs, only the best
salted VP
HMU will I* referred.
S. Appllcaras 11, did not meet the m hdmum
for their interest qu:liftcadoas will receive a letter of appreciation
D. PJW,- MVIEW COUNCIL DECISIONS
Prot' to mlhc ing the kbrvkm, the Council will make the following decisions:
I. Review MW Interview documents
2. Decide if a committee is to conduct the Interviews or ;t the entire Council is to take pact
3. Decide on which quest;aw each member of the interview panel wW address.
4• AWMO
not Hm tW to, the followin; cri't:ria m y be used by the Council in WWb their
Selection:
In
Leadership 3kU1s
b Team mmgem m philosophy
d
Interpersonal skills
Fkalb
e. Mile waking &Uls
? f. Coop&-Wve splrEt
' " • t• &perlenee In municipal government
h. RdIDS ploy toward been door' pocky
115prknees In community development
BWgtt and finance expedem.
S. The HR Department will
DprovWe l and he Council with a scoring form to facilitate the
selection piss (see A )
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E. M&W MRVMW PHASE Date.
1. The Council will inform the City Manager of the tuna and place they wish to conduct the
Interviews. 2 Ut~~g
2. The HR Department will schedule the appointments and notify all the parties Involved, In
writing, of the time and place of their respective appointne:es.
F. INTERVIEW PHASE
1. The Council will Interview all referred applicants.
a
2. Following the Interviews, the Mayor will:
s
a. Inquire into the applicants' salary expectations
r b. Get applicant approval to contact current employer.
3. Following the applicant Interviews, the Council will select the candidate of their choice, or
they will reject all applicants and reactivate the recruitment process.
I .
4. The Council will then discuss and define the terms of the offer among themselves and
outline both theft Waal and secondary offers.
5. The Mayor will document this Information on the Applicant Selection Form:
A. Salary
b. Benefits
c. Hours of work
d. Conditions of employment
e. Any other agreements with regard to employment 0&, authorizatlon of overtime,
performance revim, and salary Increases).
CIS {
C. COUNCIL T)ELI1tE1GTTON PHASE
# 1. Upon the Council's directive, the HR Department will conduct reference chrxks on the top {
applkaras.
3 2. If the referred applicants are root acceptable to the Council, trey wi11 revise the criteria for
' the recruitment process. Tfien the Council will provide the City Manager with the revised
criteria and Instruct the City Manager to begln the recruitment process over.
3. Once a decision is made, all negotiations with the selected applicant will be conducted by
i the Mayor to avoid confusion.
4. The Council will Inform the City Manager of their decision by providing a copy of the
applicant selection form.
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i H. MAKING THE OFFER ApeodBlt y
Date
1. The Mayor has the freedom to move to the secondary salary offer If needed. Beyond that
E the fisll Council most reconsider the offer.
2. The Mayor will make the offer of employment to the selected candidate by phone and with !
a follow-up letter.
3. After the candidate accepts the position, the following steps will take place:
a. The Council will inform the City Manager of their decision
b. The City Manager will notify the HR Department of the Council's decision
e. The HR Department will notify the unsuccessful applicants by phone and whh a
follow-up letter (see Appendit F).
1. OFFICIAL APPOINT?ffEff
1. Upon rmlpt of the applicant selection form (see Appendix F), the HR Department In
Cooperation with a designated attorney will draft the letter of agreement and the resolution.
1
2. lbs HR Department will place the resolution on the Council's agenda for approval.
J. PROCESSING THE NEW EMPLOYEE
At the appointed time, the HR Deparunew will meet with the new employee to prepare the
necessary payroll and beheGts forms.
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IV, COUNCIL DESIGNED RECRUITMENT PRe Z"
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In the event due Council el" to design thelt own personnel recruitment procedure, they will notify
i the City Manget of their decision by submitting this form.
M 1
1. Council's plan for recruitment: '
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APPENDIX A
PR&REORUITMENT FORM
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APPENDIX A Agendail
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PRE-RECRUITMENT FORM Z
To the City Council: Thfs pre-recruitment form Is being provided to give you current Information,
moomrnendations, and dentition of Issues surrounding the Council-appointed position that Is
currently vacant. please review the informaton provided, make changes where appropriate, indicate
any direction necessary, and finilly, approve by signaw ro to help clarify the recruitment process.
We would especially request dtrxdon on the issues' Indicated Of any).
Position: Date:
Flease check appropriate recruitment source:
O Search Firm O HR D!partrnent
s 1. FAKM ment Plan
To be used only when the Human Resources Department Is assigned the recruitment task
unless the Council directs the City staff to begin advertising even though a search firm is
used.
1I A. Proposed ad
b, Proposed sources
i o. Other reoomrnendations:
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11. Issues for Council consideration:
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Form Apndalt Ai-
Pro-Remitment _
Page 2 Date ~9y
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III• Current Conditions of employment assigned 10 the position
. Council Changes
1. Salary
2. How of Work
3. Benefits:
L HUM Inwrance
b. Long Term Disablifty
c DefwOd Compensation
d. Worker, Compensation
e, Vw4wlk Tithe
f. Sick heave
g. Social Security
h. Ufe Insurance
I. Performance Review
J. Salary Increases
k General Pay increases
Other Benefits Assigned City Bmployms
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Pre-Recrultt W Form Agenda 9
Pale 3
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IV. Council i
Approval and Directives M City Staff:
Council Directives:
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I fi'r )"'1~1 i! CoUnpil Amoval:
rr Mayor
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Council Member:
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JOB Ol',FORTU" yIT" ANNOUNCEMENT sAMPi.
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JOB OPPORTUNITY ANNOUNCEMENT
Agenda N q el
2
AgenOa ten JOAO
CITY HANApER Datd ~p
dALARYri 6 O
i
DIPARTMENTt GENERAL OOVERNNENT
MAJOR DVTI28i fI
o enforces and administers the provisions of the City Charter, City i
ordinances, laws governing municipalities, and the City Council. jj
o Plans, coordinates, and directs the work of City departments, including
City owned utilities, through delegation of authority and responsibility
to executive directors and department directors.
o Attends regularly scheduled and special meetings and participates actively
in discussion of matters coming before the City Council and recommends
legislation and policies required in the public interests
o Neeg9otiates and recommends awards of contracts for materials, equipment,
and services.
o Heats with directors and department heads to produce departmental budget
estimates, proposes an annual budget for the City with balanced revenues
and expenditures.
o Represents the City in a variety of meetings and public functions.
o Appoints department heads, subordinate officers, employees and is the
final reviewing authority on the termination of classified employees. E
o Hosts with various subordinates individually and as a group to resolve E
organisational problems and coordinate departmental work programss
o Prepares or coordinates preparation of all background material in
connection with Council meetingej attends and represents staff at all
sessions.
o Reviews proposed budgets with the executive staff; makes recommendations
and presentations of budget items to Council and conducts budget work
sessions.
o Heats personally with or receives phone calls from citisene who desire
information or have a complaint; investigates and ensures adequate
responses. Reviews mail and proposes appropriate responses.
q Heads the executive Committee, which addresses problem-solving issues
related to the municipality; facilitates problem resolutions; initiates
and approves policies.
o ensures that executive directors motivate their subordinate departments
and divisions to the highest level of performance; conducts annual
performance appraisals of the executive committee (except City Attorney);
reviews executive directors subordinate supervisors' and managers'
apppraisals,
o Hakes major changes in the structure, methods, procedures and work flows
of city departments to reflect changes in mission, operational demands and
relationships among departmental units. i
o Responsible for coordinating the short-range, long-range and strategic
planning of all city departments.
o Coordinates the activities of City government with other government
agencies and performs other related duties as required.
o Performs related duties es assigned by the city Council.
MINIMUM OVALIFICATIONSt
o rive-sigh! years of strong experience as a city manager, assistant city
manager or deputy city manager.
o Master's degree in public administration, business administration or
related field.
o Valid Texas class •C• driver's license.
i
CITY OF DENTON
f CLOSING DAM
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JOB OPPORTUNITY ANNOUNCEMENT
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CITY ATTOANSY Agendalt
ShLAAYI Date D
E DIPAATXE$T'i LEGAL J 0~ 6
i
E MAJOR DUTIM
o Represents the City in litigation, including condemnation, claims brought
against the City, and other matters requiring legal counsel) prosecutes
and defends suits for and on behalf of the City in all courts) administers
oaths, affidavits, and the prosecution of all cases brought before the
municipal court.
o serves as legal consultant and advisor to the City Council, City Manager,
and Directors.
o Conducts legal research# submits oral and written opinionel submits
filings, pleadings, briefs, and motions] drafts ordinances, litigation,
F resolutions and proolamationel negotiates, drafts and/or reviews contracts
and other legal documents involving the Cityl monitors the prosecution of
violators of municipal ordinances.
1 o Attends city council coatings and board or commission meetings as
appropriate,
o stays informed of legislative and legal issues and recommends s propriate
r action to the City Manager) represents the City at state and national
conferences,
o Supervises the operation of the City Attorney's offieel organises and
coordinates the activities of the City's Legal Department, consisting of
professional and support staff.
o Develops short and long range plans for the Departmentl establishes broad
priorities and work sequences) allocates resources*
o =raluatee the performance of subordinated establishes performance
standards governi departmental performance) and establishes criteria for j
tnf ov" job off)ngyl determines training needs for subordinate staff.
o policies and procedures not forth and/or published for City
employeas.
o Prepares monthly and annual departmental report d prepares and submits
with required documentation, the annual budget request for the Legal
De rtmentl authorises departmental expenditures.
o initiates and approves policies as a member of the txecutive Committee
which addresses problem-solving issues related to municipality,
facilitates problem-solving.
o Serves a legal consultant and advisor to the City Council, City Manager,
and staff, as well as boards and commissions.
o Prepares the departmental budget and authorises expenditure
F appropriately.
o Performs other related duties as directed by the City Charter or as
assigned.
MINIMUM OUALIPICATIONSi
i
o Graduation from law school.
o Vivo years experience in the practice of law, at least two years of which
qq is in municipal government.
t o ividence of continuing professional development.
o Licensed to practice law in the state of Texas,
o Valid Texas class •C• driver's license.
CLOSING DAM CITY OF DENTON
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JOB OPPORTUNITY ANNOUNCEMENT d
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,late
MNICIPAL COURT JUDGE ~yoa68 f
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DEPMTMENTI MUNICIPAL JVDGE
MAJO
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o presides over trials and condors SudFpmants for misdemeanor violations,
violations of city ordinances, traffic violations and any other taus
within the jurisdiction of the Municipal Court.
o Authori&so esuance of search, arrest, inspection and mental warrants.
o Arraigns prisoners, sots bonds, reviews lines, and issues magistrates
warnings.
o oversees scheduling of all cameo and activities of the Court.
o evaluates cases with defendants and their attorneys.
o Maintains court records as required by Texas State Law.
o Provides information to attorneys and citizens regarding warrants,
appeals, and hearing dates and locations.
o Develops new programs for court processing.
o Ccemunieatss and develops goals for the upcoming year.
o Counsels with youth and parents,
o Administers programs in conjunction with the City Attorney, Police and
court Clerks.
o Establishes and administers the organization, policies and priorities for
{ the department,
o Develops and recommends to the City Manager and Council the annual and
long-range plans for the Municipal Court.
o Prepares and submits the annual budget request for the department to the
Cit Manager and City Council.
o Mony
itors all expenditures for the department.
o Perforce a lull scope of supervisory rerponsibilitles including
i
~reecuitment, selection, hiring, counseling and evaluation of employees.
o Performs other related duties as directed by City Council or in accordance
with state law.
MINIMUM OUALI►ICATIONS I
l
o Juris Dactor (JD degree). `l
o Two sets experience in the practice of law in the state of Texas,
o Certification, membership in the state Ear of Texas.
o License to practice law in the state of Texas,
o Availability to be called on to issue warrants at unusual hours.
o Valid Texas Class C driver's license.
CLOSING DATE1
CITY OF DENTON
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1.
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SEARCH FIRM ARTICLE
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Charles McCreary, Senior Visa President, Chriaian & Timbers, Inc„ Scab
REcRu_ITMENT Ali, Z
DON'T ASSUME ANYTHING
ABOUT EXECUTIVE SEARCH FIRMS
We hired failed in the past '
j a n• Why did they fail?
' tames • What do you
based know about our
Ei. search ;•~ti'la T;;i, companyl
firm that by all a• i;
On another
counts lud a super,
occasion I spoke to a
i' lative reputation. I 4 • ' bewildered employer
met one of the pan, who indicated that,
nets from the firm, although pleased with
and invested five a large search firm's
hours of ray time effort to fill a crucial
explaining out need . M position, he was up-
for a key executive. 1 At a e ,
"I teen speed sec that one olio sac,
Wissio
ellite offices was
to his expensive (ee and ret"r firms. recruiting other executives from within
anangement. Six months later, I'm still Stan with these eneral questions: his company "out the back door."
I asking .,.'Where's the beef!" complains • Is your search hrm generali:ed or To avoid this, he should have asked:
the vice president of a Weit Coast semi, specialized? If speciali:ed, what areas do • What is your code of ethics in ch.
I conductor manufacturer. you concertrate in? ent relationships? What guarantees do 1
"...We've jot a bad taste in our a How many years has your search have that you or your satellite offices
mouths about search, firms. We invested firm been in business? won't recruit our of out company, and
$20,000 and got nothing but rice its, • How many people do you em• for whet period of time?
tionery and fast talk," says the president ploy, and what are their individual • Do you currently have any clients
of an electronics equipment company in functions? that are direr
New York. t competitors of ours and,
• How many offices do you have? if so, who ire they?
i As in executive search consultant, • What is the turnover of employ. • Have you ever worked on a search
1 hear "I got burned" stories like these ees at your search firm? assignment for our company or any of
nearly every day. And, as the executive An executive at a Fortune 300 its divisions in thepsst
search or head hunting industry flour- company told us that he was dissatisfied • Has your firm been involved in
ashes, I expect to hear them more often. with a serxh. After three months, the any lawsuits or litigation?
Whoa to blame for these dissatis• search firm he had selected had yet to Executive search consultants are by
fled companies? Nearly always both the present a candidate for him to interview nature optimistic, aggressive and eager
search firm and'the employer - the . for a critical post. "Is three months nor, to please. These attributes, however,
search firm for accepting a possibly in; mall" he wanted to know. must be tempered and focused.
appropriate assignment anti not Rather thin answering his question, I talked with a Boston-based em•
completing it, and the employer for not we urged him co ask these questions of plover who mentioned he later found out
investigating the search firm sufficiently. the search firm: that the search firm he had retained was
It is the employer's responsibility • What position, have you filled in overloaded and had accepted more
not to assume anything about a poren• the past that resemble the post I've asked assignments than it was capable of han•
dal search firm's abilities. The search you to fin! d4 q. We suggested that, in the future,
firm should be interviewed as cautiously • Whu kind of computer system he ask:
J as any prospective new hart, do you have, and what is it used for? • How many searches is your firm
A handful of carefully posed ques• • Whir type of research does your currently conducting?
tions will go a Ion Q way toward avoiding firm do? • Who, within our fi
future headaches for the users of search • How many assignments have you duct the search for us besides yourself?
97
rER50MaEL)OtJILVAL I OCTOBER 065
page 30
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• How do you find candidates? Do Adel are~~e"hell
A you advertise, contact other search flaws thaO$11-s,aes
? firms, work through a referral network or interviewing stages, J 7
penetrate our compeitors? The individual not only ha a
Although individual search consul- drinking problem, but later it was found
tans (your account representative at the that he had exaggerated his academic I
firm) generally do not talk about per. credentials. To -'void such flawed ref
sonal achievements or work load, you erence checking, ask.
Chances an The Claim Syaiem should find out • How do you check references? To
(1:1i rot short) Is the Ideal • How missy searches a year db you whom do you speak?
gip heauh insurance claim personally complete? How many • Can 1 be assured that you will r
processing computer Imam searches does your firm as a whole speak to former employers, subordi.
your Company. tom fete?
A d lot us fair you why p nates, superiors and, if possible, existing
• What were two or three important customers?
Bacwse CLAIMS to aeeunteand assignments (searches) you hive com• How do you verify salary and sea.
consistent' using computer pleted that were similar to the need we demic credentials?
precision Io caicuiata your heaun distussin p
pan beneNls Quickly and caratry. arc g• Mother critical factor is the
every lime • What do you bill to clients on an counter offer. Although common,
Because CLAIMS Is flexible and annual basis? counteroffers should be addressed early
pmdvawe • accommil Ice a }low long have you been with on. Often, an employer and search firm
spepdr, elements of your benefit your firm? What was your occupation invests great ,
pan Io process is of your mad eat, a deal of time to secure a
denial, vision, orescnmron arug previous to your search Involvement? new executive only to lose that indiiid-
and diUDrkty Cia ma , Are you an active member of any ual because his existing employer makes
Because CLAIMS is efficient and professional societies or trade him a better offer to stay where he is.
affordable - helping you associations? Ask. j
stresmline In# administration W • Do you artend trade shows? How
ypur hesi'h Den~fas program Y Wh!n do you talk to prospective ~
and pfai ing me value you do you say abreast of our market place? candidates about potential taunter
demand in any orodvet you buy . What magazines or trade publics. offers?
And because we're as flexible Lions do you subscribe to? , What are the ppooints you cover
of the as,te,n Is . piloting you . Are the individuals you've placed with a potential eantlidiate on "why not
the cohonal Services of our in companies in the last two to five ears to accept a counter-offer''?
ek; tied and expenenc•p years
proed find
nai tarp ro eio you still on the job? May 1 speak to a few? Finally, find out about the employ.
meorpogle CLAIMS taro your . How are the individuals you've ment guarantee. One employer men.
unl0ue buernese environment placed in the last two to five years rioned that a new hire lasted six weeks,
For more inpamaiwn on performing on their jobs? only to move across the street to a
The Claim aygem and the orner In a client -executive search rela- competitor. The employer not only lost
rune eysums arw wnreu via
over. eau or aurae ve today tionship, time is money for both parties. the cost of relocation, Eut reported that
thane's an ire she Idea Employers, for example, in the high the search firm failed to mendoa early
thing to do. technology industry can ill-afford a on that it only offered If thirty-day guar.
search assignment to stretch out 9C• 120 antes Make sure you ask:
days. It is important to ask a search firm: , What kind of employment guar.
, Realistically, how long will it take antees do you make - 30, 60, 90 days?
to fill the post I have asked you to fill? (Some firms offer one year guarantees
(if the search consultant says 90.120 with no replacement costa,)
days, ask why. You must determine from By spending at least as much time
their response if you are underwriting a interviewing a consultant as you would
30.60 day "learning curve.") expect him to spend with a candidate,
• What can 1 expect to see in the you'll stand a good chance of
first 30 days? avoiding "I've been burned" stories of
I&IIIJINGMN • How many individuals do you ex• your own, n
f 111t "'Ill 06'.) peer to talk to before you narrow the
field to two to five finalists? Charles McCreary is senior Lice pres.
A Massachusetts employer once ident and partner in an extcutive scotch
(PC 11,440 mentioned that, although the timing and firm specializing in higr rechnology
selection process for a key executive was recruitment.
94 PERSONNELMILYAL I OCTOBER resS
page 31
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tegeWaNo
AgoaUt 7 Ry
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APPENDIX Di
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~endaNo
' Appendix Dl Agaadalt
Date 4
ti1VTERVIEW WORKSHEET
r r
Instructions: This form is to be used In ranking the responses to interview questions. When the
interview questionnairo was prepared, the Council weighted 0v questions indicating the priority
andlot Importance to the position. That weighted value now appears In Column C. The range Is
from I - 3 with I representing low priority, 2 medium priority, and 3 high priority. As you
Interview each applicant, rue their response 1- S with L being low and S being the beat
[r rea nse o
n a scale of answer, Record your racing In Column B.
.
I
A. B. C. D.
R , . (Circle One) (1-3) ITFM
QUESTIONS ANSWER VALUE WEIGHT SCORE*
1-2.3-4-5
2 1.2-3-4-5
3. 1-2-3-4-5
r
4. 1.2-3.4-5
S.
1-2.3-4-5 ~
6. 1.2-3.4-5
7• ` 1-2-34-3
a 1-2-34-S
a
9. 1.2-3.4-5
10. 1-2-3-4-5
* To arrive at the item score, multiply the weight score by the answer value.
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APPENDIX D2
EVALUATION SHEET
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Ageadait el
Date
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APPENDIX D2
{ EVALUATION SHEET
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AgendaNo 32
AMndl% D2 A~6nda!=
[eta 9 Z7 9
EVALUATION SHEET
Candidate:
Interviewer:
bdru xiow: Rank tM candidates from 1 • to. Seorin8 vahm am as fotiow :
Mort Than
i Paoe Qaafjooable SaHsfactorr sA*fi eto" Outataodlat
1 2 3 4 S 6 7 8 9 10.
r' - -
I: Lea&Mwp Score
r.,
Reasons for raft:
2. Team Managemot P umphr Score
r Ream for raft:
r
3. bWpn" Was
Score - ,
' Reesow toe rutnS:
19,
•qr
oil
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i 4. On1 communkxtim Skw dako,9,4e'
u•..
Reasons for
ruin;. Date Z? u
a
S. if7adbilFtr Score
r.
Reasons for ruing:
P
Score
K, Reusm for ruing:
t',.
,r
7; Eicpee{anoe b Municipal Gawameat Score
y,. # Reu+ons for ruing:
.
.N_w -
.
J,~`1WKW11yS1ityiWF'.W'srv~••••.. 1
u, w•.. «n ..wen od.:r:'.;,iK I` ..~l r,cav:r
1.
I
e. ftDmphy toward Opm-Door Policy
Reuons for rains: ~A~alte
Dale
t 9. Buddetlog and Ffaance lExper once Score
P f
Reuom for rWq:
10. F.XPICjIAOE fia Community DN'llopmlOt
IR
SCOte ,
rcd
Rcuons for nft:
~ 1111
t
To aerlve At a paee,Wve !core, odd the room from this instrument to those on the worksheet.
Soon this lutra neat
1 Interview ~Kore
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TOTAL SI!ORS
(add rolal4a sbrr scan)
~ ,21. II
ager+datYO 'Z
i AgoWt 7 u
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APPENDIX E
,44 ' , ~ 1 a rA,'.
4f APPLICANT SELECTION FORM
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APPENDIX E Agenda No
i Agoodaii
ApPLICAN"f SELECTION FORM , Dote
ApplklWl Dame
Position applied for
Current Conditions of employment assigned to the poskion Council Oaages '
1. Salary
2. Haan of Work
3, Bewfrts:
L Health buurance
b. Lon Term Disability
e. Deferred Compenssdon
d. Workaa Comp Won
e. Yscatfon Time
L Sick Lit"
r-,
A . h. Ufa huunnce
1. ferforatanoe Review
Salary inawa
k. Gen" Pay Imam
1. Odor Benefiu Assigned City Employees
sisnawm
Mayor
Councu Membar.
-23.
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1
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c1Y# AP.MMIEK F
LETTER OF APPRECIATION SAMPLE
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APPENDIX F agAddaNo. -0 _2
AQendalt
Iatta._ /2
Dire
NwA
Address
SDear
` The City Cquncll Joins me to expressing our spprecletion to you for your interest in the Municipal .
Court Judge s position. Final selection hom ananj the many apPilcar►ts was difficult load,
$ s unfortnnstely, you were wt selected for the position.
we feel'-very fortunate that we were able to tttraCt such qualified and Impreulve Vplica ta. This
4 madq the selacdoo process diMcuh for us. We do apprecim your Interest in this position end wish
the best for you in your fume career pursuits.
Again, &w& fy~~ you for your Interest. If we may be of service to you in the future, please do not
'.1 4 Imitue to let Wknow.
Sincerely,
R
Mayor
AMOM9DA
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,Fz, yrl. ATTACHMENT III
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04CASAI 0 VrIC1 CRY OF DEMON
00123/01 CITY ATTORNEY
1004 SALARY SURVEY ~C y
f 37,7 1,7177,
9
i N{ MI.~n i4 v. ' ~f Jv r 'j ! r. al ^ Y Q Mr ~1r •rt :L!
f M L p t ~ eY :s l ~y ki!LV', ~ x.C , •1` rk~ 6~,' 'C •1 ~ ~ ~~P+~.;
Donlon++ 130106,414 07 404 $78024 $0 $78021 $3 121 -4w ad • t Sr. ACA: 3 ACAS I PL
AbUent $67,640,030 105,000 We" $1.6005 $71,448 S so 1 at ACA; Trla1 Amin Sr. CA; ACA I '
Addison $40,780.100 01000 consultants only pLdnw 1
Ar0n01or1 11191,821,917 201,721 $03,662 56.200 $00,062 64^3 -671 ad]. 2 3r. ACA's; 10 ACA's; PLA I
Carromm 470,062.336 87,200 $76,320 $4.600 5511120 $0 3 ACA's; PLA
Cop"I 415.640.176 22.000 Consultants ony
Farmers &anoh 434200.200 24,261 Consuhants oay
h Qarland+ 5.367.060 Ss2,601 $03,072 403,072 40 6ACA's
(bran4 Pr" $76,231,226 102,000 071000 $2,700 440,700 0 3 ACA'e hf
4rapevim $20,206,261 31,300 Con•uhants ony Iv
consuhant• only E
, Hunt 021,500,bo6 33,706
trVinO 132,564.007 14000 4041254 $3,000 44$7,654 40 6ACA's; PLA
'
L•wls * $21,806,061 60,000 Cansuttantsonly
s
3 - awwwtw s,+rl,wss,lrs +1w,www is+,wsar sa,eww sa+.ws+ ell R+w.wr
Plem 144,001,206 140,000 $61,276 $3,780 $11co 0 87,600 -+alnu 3AOA 1 VL, PLA
F**wdeon $$1,206,000 70,700 Consultants only
' TampM 441,466,000 60,000 $031000 $6,000 400.000 0 2 ACA's `
TOO $6Gt $W,464 70,000 4070404 $4,6W $72.024 40 Sr. ACA; 2 ACA's ro
V1fis0pf 00.600,232 104,000 $74,802 $74,602 $0 6 A"s
I"; U-7 F I
f TOTAL AVO MKT TOTAL AVG MKT 484,704 TOTAL AVG MKT COMP $66,613
OOMPENSATION $61,425 OOMPENSATION
CM OF DENTON $78,0211 CRY OF DENTON $78,0211 CRY OF DENTON "1,142
++I%fm>a ow*on"*n and benefits ohanges ACA'8 - A+et•tanl City Altomeys PL -Para-UO.1
awarded by Clly 0ou nob oftoM 411610+ PLA - Mos L"W Ahlsor
'AdjwMd annualy baud on salary and oar abowanos Ourrenl Into. - 0121101
+DenoW posldons that do not aoslw o ay allowance
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ATTACHMENT IV
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1 CITY OF DENTON BENEFITS SUMMARY
i
TYPE OF BENEFIT WHO PAYS? WHEN ARE YOU ELIGIBLE! WHAT WILL YOU WOVE? SPECIAL NOTE
i
Vocation' City of Denton After 6 months of employment. After B months of employment you would Aral amount of vocation may be
be eggible for 60 hours; after that, 10 hours accrxrxdated, burl only 320 vacation
paid vacation sccrred for each lug month houn are paid at termksstkrs You can
worked. Ponce Clop Service employees carry over only 320 vocation hours to
receive 10 hours each month, and Fire Chip ti,e neict Mender yw. May W used in
Service employees receive IS hours each m Service paid or* 4
v"at;on upon termination.
Bonus VW&Wn City of Denton After 8 fun years service. 112 day (4 hours) extra vocation for sods Fire Oepattm" CPA Service
11es~1ar RA T me OrtM Veer worked post the 5th Vest of service employees who work a 68-hour week
beginning on arv*wsary date of the shop oouM 112 day 4a 12 hour (or 112
!i completion of ter Sth year. of a 244w r siltti.
HoWoys' City of Denton fmrne$atey. 9 paid holidays per year. New Year's Day, If the holiday fill on S$Wk* ItWM be
j Martin Luther King's Birthday, Memorial observed on the preceding FeAW; H the
0". irdeperoence Day, Labs flay. holiday falls on Sunday, It wit be
Thanksgivir+p, Frldr/ after Thanksghdrg, observed on the following Monday,
Wst"s Eve, Christmas Day.
' 8kk ~uvei' City of Denton Alter 1 month of employment. After 1 month of employment you would be Moximum somW of oleic %M Is f20..
eng;bW for 8 hours; after that, 8 hours paid hours. Fire std Palo$ CM Service'
sick Iowa scor lei for each fug month employees have uriArtlted sick ksvk
worked. Fire Civn Service employees Our Poke Will b1 paid up to eb days
16 hours par month, and Police Civil accumulated sick upon tvffik4 m.
.
=1 , , Service employees get 10 hours each Flee wig bd psid up to 1,080 hairs
month. AN sick Iowa must be approved by socumuiated sick upon teanksetio&.
be used In iniKmuml of one hour
the supwviw prig to using. May
r , inonments.
pay CIH of Denton Must be employed by May 31 and 14.00 per ninth for each you of service Paid in a krnip sum in December Ipaid
umovIlti
through when checks are WuW In (148.00hear1, 03 months x 14 162.001 bF.# e"Wy 10 CM Service amployaes
December to be eligible for this eft& 1 you of service). In order to
bomilt. Police and Fire CM recolvs ixpavity pay for the starting
swvica employs" ue e4N6 sfw p month, in wo of uthat d ibe on 0*
flonth
1 you of service.
41~ 0
. , . $ go/ b oaf it ,vW 09/22/94
AAA00.13A
CITY OF DENTON BENEFITS SUMMARY
TYPE OF BENEFIT WHO PAYS? WHEN ARE YOU ELIGIBLE? WHAT WILL YOU RECEIVE? SPECIAL NOTE
Death In Fw0y Leave City of Denton Immediately. From 1 to 3 days at full pay in case 0f AL regular full-time employees may be
ReatilaL Full-Tins Only death in 1 fan ly: husband, wife, granted emergency leave with pay for e
son, daughter, mother, father, pefW not to exceed three work days in
mother-b4sw, fstW4naaw, stepvrents, case of death in Oak kwnedlats family.
employee's grandparents, brother, sister, ThIs leave will not be chv W "sW
sister-In-law, brothor4rrtaw, a0041-10w, $ick leave or ascatlon. P144me,
daughhtw4n4aw, gnndcMldren. A request seasonal, and tempersry employees
to use emergency leave should be made to may be granted up to 3 days leave of
the Department Director. absence WWOA pay In such cases.
Me" kwance Cky of Denton immediately. On the HMO, then Hospitalization and all necetavy dleWxwJo ttltw&'
Me for the are no preamktkhg conditions. and treatment swvloes bv*x ing specialist Off" Vbk MOT" 0" ete,oo 0"" is
mslo w of However, if the Preferred Plus Is care and consulted". shrew eerePMyekien ~i+d 17dA0 oePeY is
employee's chosen and you have preexisting epedit W vwe.
premiums and conditions, benefits an reduced for leaay Per Pav Period Your Elie ouor.s«r IAmrBer eve /10A0 WW iw
de p ndee pays for the fleet veal by 60%. lthyeieien rd /106" 0"q Pee feerhy. ents. CCWS contribution HMO d„ -paw h mn sea Hoykd: MW 60 Pete
for part-time lox of ew uu "ON.
1 0.00
emcloyd. U Employee only
prorated. employee & Spouse 1 62.24 ltirermptian MIN 60 rem IioAO aaog Im
Employee & Children i 32.32 wAof oMdkoUO rmm
1101
Employee & FaniFy / 64A9 ma.rtw
110AO G"".
` PREFERRED PLUS MsaNA:
,
r-
Employee Only 1 14.86 ss.,eo 1. r..; , 41 f rs 0W0 &&A4A.
Employee & Spouse 0 76.66 r
OMee VYk: Menial PM I2040 e>ON efw
Employes & Often S 61.88 , olronaeee e«ee omA wit avY 10x
Employee & Family 4 88.78 chem.
OvhPW". Mmrim Pete etoom eeyp W
` Rates will vary for part-Una employees. 1100A0 so pr/ Pee foal l .h«
if •ro•Kr noon WA Hm+Pk& MenM PTA
So% Va" ow de&wwc lot 60-MOw
Ne area 40 to Well".
. (g
.2. ON111110 l vI64408122194 `s
AAA0033A
IVY
I
CITY OF DENTON BENEFITS SUMMARY
11
TYPE OF BENEFIT WHO PAYS? WHEN ARE YOU ELIGIBLE? WHAT "t L YOU RECEIVE? SPECIAL NOTE
on dental and vision Choice of IwWPadnp doctors. NO
Texas Dental Flan end You ImmedUtely servl offers 30-80% savings
National Vision Program es. preex4dnp clause; no claim loans to
complete.
Rates Per Month,
Dental 5
QOOtCI Yii}gD
/ 6.00 1 6.00
EEmploysell Dep. 6 8.50 111.00
Employeelfamilyb 613.60 115.60
{'includes all household members)
Pays double for accidental death
We Ir"ance' CRY of Denton Irttrnedtetely One *fts annual salary
1616,000 Is mtdmum covert")
City of Denton immedlataly 6006 of regular pay altar 80 cpnaeCYllya Can sera nuximuef O 6duce
c landar days of total disability until the ape month. This benefit Is reduced by
Twm
of 85. (SN spkW note.) Fire, Ponce a other benefit psymente Walled during
11000 FI'TICIA Orh Service Maint. W4*VOU Will nuroive 60% this tine 0.e.0 social socuft,
of regular sat" for 5 years from data of retirement, workers. *amp., eto.b
total disability. 0wor to W4-tem► &isbnity broclxrs.1
Tuhion GRy of Denton Alter 6 month of employment. So% nimburserrreart for tuition & required Courses must be taken at an accredited
fees to empbYeas taking W%p WA meted state kw tutk).% MaxUwWV% 111in0er of
Rea l.r FuN•Time Dr h owns toward a degree program or a)ob rairnburable Weal IS 6 hare.
related course. Nlequires the approval Of
tfN Director of Human ftso rcee.I No
a rew brrsa wt for oounsa taken without
tNs spproysl. Must co v&m to work 2 `
years with City after completion of oarsa
work at reirnburse CRY for WWW-
CM Service fire special sate and
Social 60cwty city A You Age 62 W smW If disabbdl. Mw" paYffwta to retired employesa so
You contribute 62 and over: survlvwo ban" to lamntt In federal assistance for IWOWOY
of your use of death Medicare at age 66, death, oWoxlMSt* 1150,000. 7.66% f disability benefits M totally disabled muss
salary city
Mwim it 100% thin 2 years.
I
O~QO
. 01*4lMvta#d 08122184
AAA0033A WWI 0'
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ra
f
CITY OF DENTON BENEFITS SUMMARY
SPECIAL NOTE
TYPE OF BEWIT WHO PAYS? WHEN ARE YOU EUGIBLE? WHAT WILL YOU RECEIVE?
ROtlrentMt City of Denton No waitkq period for enrollment. Monwy payments to retired employes. There is an employee cor*bAiOn of
RMRSI Mandatory for ad regular Payment to beneficiary dependents depends 6%, Is% picked up by the Cityl. The
employees budgeted to worts at on the option chasers by retiree. TCity Itso match" that cw*bA)WL
he 6% comnbut;on will to reimbursed
lest 1,000 hours per year or more. to the ampi0yea attar termination If
they are not vested: The City's
Retirement CAteAa:
0 10 years of service a age 60 employee Is bl wig vested and nd be paid N for,
0 25 years of service & age 50 employeS Wokhtl•
o Have SA, BOB and 583 retirement ptefer to TMRIRS 4e
.rho Ch•1 Service Fire "Aoyses have
dmok own pension ptsm IWer to Fin
0eparunam for moos Infounatom
Mono ty payments to retired employes. 116 per Wy ! WW,minirf%A.' 33.3%
KAM Deferred You Immi6diately payment to beneficdutr depends on the of Inciudable at" or 17,061year
option chosen by retiree. mncknurn. Seven inveefmr, options
to choose from. Join ant time and
drop any time.
_ r
Medical we i WeekN dlabmitq payments My We the diflo ena between
e dty of Denton Wrvrtdlatent to employees lr*sad on the )W Worken'a Compensation, Wymenta and
reputar City flay fa bP to 80 deya fo e
feOtAer fun-time emPbYMit.
City of :]arson immediately FA pay for time away from the job because Payment Irom the Dentnin Counfy Court
se wfa tenet
Sarvbn'to an employ
Jwy Dint of R'ry QrM' h„y duty need not ba ret<rnsd to die
City.
Employee can join Cfe6it lK1iW1 Compedth~a Interest paid on savings, loans contact: Damson Area Teachers Credit
Einplogia Credit You Union,
Unions . YnrneNatcly; also eligible to be at rssonable ktersat rates by Board 228 W. Mufbeny .
considered lot Ian immedistaM• IMmal: certificates of deposits; Monty 22~ 78201
market certificates: VfeRomW sutomobBa
Insumnce: ditoount movie tickets. and free 01 387 a.m. 6 06 p.m
HW. rotary service. Payrom deduction.
Mondey-Ft"
Saturdey0rlva-sirs
BOO e.nlr1:00 PAL
b9~~94 o itera.doen21ea
AAA0033A
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CITY OF DENTON BENEFITS SUMMARY
SPECIAL NOTE
TYPE OF BENEFIT WHO PAYS? WHEN ARE YOU ELIGIBLE? WHAT WILL YOU RECEIVE?
lKreot Depotk You Employee qn sign up knmedlately, Your paycheck Oass deducdontl will be ConWlete autladution sweemant for
as" at hehhe has on account dnectly deposited Into vote bank account voWW check Humus Retourm. a
OW at hitfier chosen floamial
facgity. After signing up, a pre-
j - notNicstion wW be 9lven with your
i paycMck. On the next payday,
Vow psycheck will be credeted to
your bank account.
Urnifoma UnItomu remain property of the City of
tJr>afom" City of Denton V tG+eck with YW► Denton. .
' City of Denton krrnediately Free Parkkng
kidudes dlsc is at Plan IM Mm"
I.D. Cards krxnediatalY WWesde, and Sam's Warehouse.
Obuin through Pubpc Ubrary
Ubriq Cards Free krwnsdiatehl
A health risk profW, knduding a health Ask Blood "stye. soma,Iab work, body
HNitl► iBSic Aaaatsnwd City of Denton lmmadiately questlarviske Otie•styla, hetritsl. is4 K W wed are sM cfnc ked
on the einploysa.
a
BMwfita for MWAsr paR_W* &n&"es (20 hours or morel or$ seeruW on a prysted basis.
'
of a>! banal prograrm, refer to the Persomel PoAcles and Proce&m andlor special booldets for Civi Service, knsunnde, Retken ff,'&W TAM
For. ¢ataAVs wp~bn
Aetrrnblrsgnlsnt•1 If you hwa any questkrn rogsrdlre0 these benefiu, 0"" g1(8171668$340,o coma by the City of Denton, Human HeaoVga D*PWtIft% 1. Hek&V
Erisa`A, WAN% T% 78205:
2 -h- =oNIPU*
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1 f AAA002SA • B •
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CITY OF DENTON BENEFITS SUMMARY
I
TYPE OF BENEFIT WHO PAYS? WHEN ARE YOU ELIGIBLE? WHAT MLL YOU RECEIVE? SPECIAL 1307E
Direct Deposit You Employee can sign up Immedistety, Your paycheck Peas deductions) will be Complete authorization agreement for
as WV is Wshe has an account directly deposited Into your bank account. direct deposit. Return sgreemmtt and e
open at Nsfier chosen financial voided check to Human Resources.
tao ty. After s**v up, a pro-
notification will be 91% 3n with your
psycheok. On the next payday,
your paycheck will be credited to
your bark account.
Uniforms City of Denton Varies. (Check with yotr Uniforms Uniforms remain property of the City of
supsrvisor.l Dental.
P mm City of Denton immadist0l Free PadJnp x
1.0. C W$ Iromedistaly Includes discounts at Pizza Inn, Maxum
Wholesale, and Sam's Warehouse.
twary Cards Free Immecisteiy DbUin through PLJ6% UbWy.
VW" Risk Assessmort City of Dorton Immedietety Ahealth risk profile, kuckudaug a health risk Wood pressure. WW kb worts, body -
auas6a"lrV (life-style, habits). fat, F+eipM and wet9ht are ON cMcked,
on the ernp".
Benefits for taguler part-dr d employees (20 hours or moral aro accrued on a prorated basis.
!a<, detailed e>tplenatlon of all tuarwtlt programs, rata to the Persomnet Pogcles and Procedures andla special booklets for Civil Service, Insurance, FletkertHnt,.tlf
I Tuition"
. Pornbfrw"ftl It you hm it y *eatkm reyarE'u+g these benefits, plasm call (8171 688-8340, or cane by the City of Denton, Human Hasotxoes Department, 801 >w Hk4cory,
Sautii'Jt,' Denton, TX 78206,
u ~h ON
ZIP
AAA00 IIA .6. Rev(aed 09420V4''
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AOMXkNo. 9y'43
• Aper~faltan
Date
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e° ATTACHMENT V
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AgendaNo -p ~
ApeoGaEl 7
CITY OF DENTON X27 g7
PROPOSED SCHEDULE Dote
Internal Mdidates Only
SEARCH AND SELECTION FOR
CITY ATTORNEY
Activity Projected Time
Initiate Recruitment October
Update/Approve Job Description October
October
Poet Position - Receive Resume's
October
Screen Resume's i-
,r Select Finalists November
a' November
:interview Fjnaliste `
Offer and Negotiations November
December
,','a~R• New City Attorney BOOM*
.
Y. ~ S
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case1942.tk
9/21/94
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i
apeMaNo 95- 2 -
Agendalle
CITY OF DENTON Date 2r
PROPOSED SCHEDULE
(Internal and External Candidates)
HE Staff
SEARCH AND SELECTION FOR
CITY ATTORNEY
Activity Projected Time
Establish Position/Recruitment Profile October
Update/Approve Job Description October
Finslire Advertising/Place Ada October
Receive Resume's (30 days) October
November
Soroon Resume'e
Initial (Paper) (20 - 30) November
Secondary (telephone) December
-,Semi-finalists (10 - is)
` Select Finalists December ;r
Interview Finalists January;
Sell Denton/City Orientation
{ Interviews with City Council
f Evaluation i Decision January
h .
1 III Offer and Negotiations January
'
(Possible relocation)
x j New City Attorney Begins February
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9/21/94
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agendaNo 7
Apendalte
CITY OF DENTON
I PROPOSED SCHEDULE Date
6 8 6 g f
(Internal and External Candidates) °
A
Executive Search Firm
SEARCH AND SELECTION FOR
CITY ATTORNEY
Activity Projected Time.
Solicit RFP's A Select Search Firm October
Establish Position/Recruitment Profile November
` Update/Approve Job Description November
Finalize Advertising/Place Ads November
Receive Resume4s (30 days) November +
December q.
Af .1~• 1111
T.-.
gcNen Resume'a ,
Initial (paper) (20 30) December 3
- 8e6ondary'(telephone) January
Semi-finalists (10 - 16)
tJ i
Select Finalists January
Intervisw Finalists February
- Sell Denton/City Orientation ,
! r Interviews with City Council
Evaluation a Decision February i,
Offer and Negotiations March
a (Possible relocation) [
New City Attorney Begins March
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9/21/94
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AW491te
TAU-BUM Date
t DATES September 27, 1994
t TO: Mayor and Members of the City Council
t FROM: Lloyd V. Harrell, city Manager
f
q-. SUBJECTS Reconsider Chair Appointments -Board of Adjustment and
Sign Board of Adjustment f
We recently discovered that Section 10.07 of the City'v Charter
VI calls for the Chairs of the Board of Adjustment and Sign Board of
• Appeals to be appointed by the City Council. Historically, the
Board itself has elects the Chairman on an annual basis following
the appointment of new members. The current chairs have been
elected by each Board.
Both of the Boards have recently had new opp ntees. T previous
!e Chairman of the Board of Adjustment, Marcia staff, resigned 1
July, 1994 and Rachel Mays, Vice-Chairman has been serving as
Chair. Dr. Mike Weibe is the present chair of the Sign Board of
Adjustment. Dr. Weibe's term expires in 1996.
ATTACHMENTSe
1. Board of Adjustment Members
2. Sign Board of Appeals Members
3. Section 10.07
a 4yd. lly subm ttedi
LloHarrell
J City Manager
App ovedt
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rank H. obbino ICP !
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Executive Director
Planning and Development j
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Board and Commission members
Addresses and Phone Numbers
BOARD OP J1DJU9TmB11T
1944-1995
council Home Office Original Present
Place Member Home Address Telephone Telephone Appointment Term
6 Rebecca ling 700 Lafayette, 76205 387-8410 7/1994 1994-96
3 Bob Magemann(ALT) 1002 Alice 898-1053 7/1994 1994-9~6
• ;3
6 Rachel Nays 1505 Kendolph 1993 1993-95
7 Bill Colville 3010 Santa Monica 382-6936 1991 1993-95 n
1 L. A. Wilkerson 807 Morse 382-0809 1997 1993-95
doe Oendsick (ALT) 1100 Skylark Drive, 382-8243 566-1352 7/1994 1994-96 Y
76205
2 Larry Colliater 906 Boyfielki, 76101 66S-0775 387-7585 _ 7/1994 1944-96.
Staff Liaison - Debra Goodwin
~ ``,•r7
# •Chais
Nembera appointed for 2 year ter"
' 0"16100 Makinq Board
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Rev. 7-20-94
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I Board and Commission Members
Addresses and Phone Numbers
SIGN BOARD OF APPRALS
1994-1995
i
Council Home Office original present
Place !ember How Address Telephone Telephone Appointment Tara
1 Spencer Washington 1208 Avenue C. 387-9160 SS1-3598 7/1994 1994-96
2 Gene Gumfory 1428 Amhurst 382-4543 387-5431 1992 1993-95
`s
3 Ann Houston (ALT) 1329 Amhurst 56S-085S 1992 1994-96
4 Cliff Reding 211 Woodrow Lane, 76205 698-1044 387-4948 1993 1993-95
t 5 Tahy Soto (ALT) P. O. Box U, 16202 382-5404 1992 1993-95
' 6 Dena Fairfield 1016 Bulk Run 387-9126 383-3561 x267 1993 1993-95.
Z` Mike Wlebe • 905 Hilton PlaCe 387-9366 898-2206 1992 1494-96
staff Liaison - Donna Baker
# Chair
!!embus appointed for 2 year terms
Decision Making Board
ACCOG008
Rev. 7-20-94
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Board and Commission Members
Addiesseu and Phone Numbers
SIGN BOARD OF APPEALS
1994-1995
Council Noce office original Present
Place Member Home Address Telephone Telephone Appointment Tors '
1 Spencer Washington 1206 Avenue C. 387-9160 S51-3598 7/1994 1994-96
I
2 04as ouafory 1428 Amhurst 382-4S43 387-$431 1992 ?993-95
1
3 Ann Houston (ALT) 1329 Amhurst 565-0855 1992 1994-96 l
4 Clift Reding 211 Woodrow Lane, 7620S 898-1044 387-4948 1993 1993-95
1
S Tony Soto (FLT) P. O. Box U, 76202 3B2-S404 1992 1993-95
i b Dena Fairgield 1016 Bull Run 387-9126 .383-3561 x267 1993 1993-96
R.'
i 7 MLke Miebe 905 Hilton Place 387-9366 898-2204 1991 1994 96
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Staff Liaison - Donna Salter
• Chair .
Meoberi appointed for 2 year terms
Aealslbn Hakinq Board
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ACC400008
Rev, 7-20-91
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ApendaNo
Agendafte
110.06 DENTON CODE Uate 'j 7 Q
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tion, alteration, repair or use of buildings, structures or land. All such regulations shall be
1
uniform for each district, but the regulations in ona district may differ from those in other
districts.
W Such regulations shall be made in accordance with a o)mprebensive plan and be t
designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers;
to promote health or the general welfare; to provide adequate light and sir; to prevent the
overcrowding of land; to avoid undue concentration of population; to facilitate the adequate
provision of transportation, water, sewerage, schools, parks, public convenience and other
public requirements. Such regulations shall be made with reasonable consideration of the
character of the district and its peculiar suitability for particular tuns, and with a view of
conserving the value of buildings and encouraging the most appropriate use of land throughout
the city.
Sec. 10.07. Hoard of adjustment.
(a) There shall be a board of adjustment which shall consist of five (b) members who,
during their respective terms of office and for at least one year immediately prior to the
beginning thereof shall be residents of the City of Denton. They shall be appointed by the
i
council for a term of two (2) years, provided three 19) members shall be appointed each odd-
numbered year and two (2) members each even•number»d year. They shall serve without pay.
The board of adjustment shall have the power enumerated in Article 1011g, Vernon's Texas
Civil Statutes, 1948 (V.T.CA, Local Government Code 4 211.008 at seq.1, as now or hereafter
amended. All meetings of the board shall be held at the call of the chairman, v+ho shall be-
designated by the council, and at such other times as the board may determine. All meetings
o t e board shall open to the public. The board sball keep minutes of its prowedings,
showing the vote of each member upon every question, or if absent or failing to vote, indicating
such fact. Every order, requirement, decision or determination of the board shall immediately
be tiled with the city secretary and shall be a public record.
(b) Upon application of any person aggrieved by any order, requlmment, decision or
determination of any administrative official concerning &D,y toning ordinance or the exercise
of 'Powers herein conferred relating thereto, the board of adjustment shall give a full and fair
hearing to any such person, rnYJ after acid hearing; if the board of &0atment to of the opinion
that the order, ordinance or decision of the administrative official G Inequitable and t XWk it
shall have the power to permit exceptions to or variances from the strict application of the
regulations in such situations in accordance with the principles, conditions and procedures
specified in the ordinance.
Sec. 10.08. Platting or subdivision oontroL
The planning and coning commission shall adopt regulations governing the platting or
subdividing within the city or within the area under the extraterritorial Jurisdiction of the
E city, and the owner of every such subdivision shall comply with all of the provisions of Article
I 974& and 6626, Vernon's Texas Civil Statutes, 1948, IV.T.CA, Local Government Code 4
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