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HomeMy WebLinkAbout10-18-1994 V I ~l•Y- v ~ r i Y t ,0. 1 i t r'. 7►k ' f. r. etit CITY COUNCIL AGENDA PACKET ` 10/18/44 F A, yea i 4 41 I'll I k 'f:ylr N r r ; r , r tw'~ d ~i"! I S r r ~ ~ ` ~5~t r^ r r r )q4 r' j VA, 4• } 41 r 4 y J 14`, a i. f r Mf SS ik}1 ,+5 r J v~irwY'om 9,dy'f4i.rry".wi:w.,i. iyC.,+.q.: r.:w.kR.d uaNka^I~v~ w..w~.w.vr+v~r~llAiww'.~1hA!%~4~YiilCiLrY~~ °I'' .dpi ~ ( r r r, ` tF ,lh ~4 , u w t>~ df.i fr`.lk 1" r trrr~ , 1 r , ~ I Yl 1 v i. r 'r P" . e r ~ t V ~ '.;,ar. CITY COUNCIL AGENDA PACXE7• 9 6 Fye ~.r r 10/18/94 J l~, e r r iy I ~ ~7 ~.I Y. ~Yr7 ~Yr:. r r ~ a rP3rts.' A+L + i,V I rYla i -'C( Y l .t ~ , aF ^?r r J•' tai 'V'~,`.r p}",i a]r'~ l „~ti' ~ paaCafta _ AGENDA CITY OF DENTON CITY COUNCIL October 18, 1994 S- Closed Meeting of the City of Denton City Council on Tuesday, October 18, 1994 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 5:15 p.m. 1. Closed Meeting: j A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consider action in Dawson vs. City of Denton. ! 2. Receive a legal opinion concerning the City of Denton's provision of fiber optics service. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Consider appointment of an Acting City Attorney. Work Session of the City of Denton City Council on Tuesday, October I 18, 1994 at 6:00 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: I NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a work session the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing Council action, if invited by the City Council or the City Manager to participate in the session. a Participation ti individuals and members o organizations by of invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizenE, are not allowed to participate in the z session unless invited to .o so by the Mayor. Any citizen may supply to the city Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the council direct the matter be placed on a regular meeting agenda, the staff will generally pre,.are a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input 5 is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of ` their fellow citizens without having to attend two meetings. ll M~ City of Denton City Council Agenda bQAA~A"! October 19, 1994 alt Page 2 Dee 6:00 p.m. 1. Receive a report, hold a discussion, and give staff direction regarding :unding for Eureka Playground at South Lakes Park. 2. Racaive a report and hold a discussion, and give staff direction regarding solicitation from City of Denton streets. 3. Receive a report and hold a discussion regarding the status of Corbin Road. 4. Receive a report and hold a discussion regarding the 1994-96 Workforce Diversity Plan. Regular Meeting of the City of Denton City Council on Tuesday, October 18, 1994 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinnay. Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of the August 23, 1994 and t August 30, 1994 City council meetings. 3. Citizen Reports A. Receive a citizen report from Dessie Goodson regarding various issues concerning the City. l j 4. Public Hearings i A. Hold a public hearing and consider a variance to Section 34-124 of the Code of ordinances pertaining to drainage improvements for New Place Addition. This ..616 acre tract is located at the end of Wisteria north of Willowood. (The Planning and Zoning Commission recommends approval, 5-0). 51 Consider a variance to Section 34-114 (17) of the Subdivision and Land Deve.upment Regulations for Lot 1, Block 1, of the Hill Addition, The Prod acre site is located on the south side of Hickory Street at l Bradshaw Street. (The Planning and zoning Commissioa recommends denial 5-0). 6. Consent Agenda a r Each of these items is recommended by the Staff and approval a, thereof will be strictly on the basis of the Staff recommendations. z. Approval of the Consent Agenda authorizes the City Manager or his 4' desigles 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 r these items prior to consideration. ,r Q a ds i 'r,i 9 PiJ City of Denton city council Agenda October 18, 1994 +QentlaNo. Page 3 aQBMIe}( gate / - - 1~- _ SO Listed below are bids and purchase oreers to be a ~ for payment under the Ordinance section of the agenda. Detailedeback- up information is attached to the ordinances (Agenda items 7.A, 7'Be 7-C, 7-D). This listing is provided on the consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orders: 1. Bid 0 1649 - Police Uniforms 2. Bid f 1673 - Airport Runway Extension 3. RFP 1 1670 - Historic Inventory of Denton B. Payments 1. Texas Natural Resource Conservation Commission C. Plats and Replats 1. Preliminary plat of the New Place Addition. The i 2.616 acre site is located at the end of Wisteria north of Willowood. (The Planning and Zoning Commission recommends approval, 5-0). 7. Ordi-,anc., 3 A. •..~nslder adoption of an ordinance accepting competitive bias and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid / 1649) B. Consider adoption of an ordinance acce tin c bids p om e e a 9 ti and p tive id ~ Proving for the award of contracts for public works or improvements. (6.A.2. -Bid # 1673) C. COnsidRr adoption of an ordinance authorizing the Mayor to execute an agreement between the city of Denton and Ralph Newian to survey pre-1945 structures in Denton, Texas and authorizing the expenditure of funds therefor. (6.A.3. - RFP 11670) D. Consider adoption of an ordinance authorizing the expenditure of funds for the purpose of pa city for fees for the yment by the paent taxes or or or renewal oflicensesfrequired by thecState of Texas or the United States of America or any agency thereof. (6.B.1.) E. Consider adoption of an ordinance creating Article VI of Chapter 16 of the Code of Ordinances establishing requirements for movie permits; and establishing Sections r 16-180, 16-181, 16-182, 16-183, 16-184, 16-185, 16-186 and 16-187 therein contained; adding definitions and permitting requirements applicable to filming in a public place; and providing for a penalty in the maximum amount r Er; of $500 for violations thereof. nr t r M,'u~g t City of Denton City Council Agenda ~QgwaNo ~ - October 18, 1994 11Q9t#631t Page 4 +Jate - 11 o8S F. Consider adoption of an ordinance approving a contract providing for the exchange of certain real estate owned by the City of Denton and Tom Fouts. G. Consider adoption of an ordinance appointing Jim Harder and Jim Thune to act as the Designated Representative and Alternate Designated Representative, respectively, for the City of Denton, in order to effectuate the requirements of federal regulations relating to acid rain under the 1990 amendments to the Federal Clear Air Act. 8. Resolutions A. Consider approval of a resolution adopting Policy No. 107-05 "Off Duty injury or Illness". H. Consider approval of a resolution adoption Policy No. 109-04 "Reduction In Force". I C. rConsider eimburse expenditures for the resolution landfill rexpansion project with bond proceeds. D. Consider approval of a resolution authorizing the Mayor to execute an agreement between tha City of Denton and the County of Denton for the provision of library services. E. Consider approval of a resolution acknowledging the service of the Fire Department and other City departments in response to the major fire on the square. i F. Consider approval of a resolution appointing Debra A. part-time municipal judge for the City of ch as II 1 Drayovit Denton Municipal Court of Record; authorizing the Mayor to execute a contract for the terms of employment; and establishing a term of office for the part-time municipal judge. G. Consider approval of a resolution appointing an Acting City Attorney. 47 9. Consider an appointment to the Human Services Committee. . lo. Vision Update ' 11. Miscellaneous matters from the City Manager. ` s 12. Offioial Action on Closed Meeting Items: r"• A. Legal Matters dw ^ H. Real Estate C. Personnel o D. Board Appointments r'p' ~r ~ I,f, tY .J ti 1G YJ.1~5 ~ Y„ f }1 N44.4IyI~ City of Denton City Council Agenda . d3 October 18, 1994 ~eQCINO' Page 5 galt pate 13. New Business This item provides a section for Council Members to suggest items for future agendas. 14. Closed Meeting: A. Legal Matters Under TEX. GoVtT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Fec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 .w 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.) (p•m~- i CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN I! ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN C' ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING I-800-RELAY-TX SO ; THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULFD THROUGH THE CITY SECRETARY'S OFFICE. i ACC0021A I G; nF1 " k s Y~ a s .J * ~~`ppT4. '.t i ~ 3{ r,, CITY 'COUNCI 'h k 4 yr 0 _ c t si O' r 4 w. c G 1 CITY COUNCIL REPORT Alft nds Adl-a--94 TO: Mayor and Members of the City Council 2 FROM: Lloyd V. Harrell, City Manager DATE: October 11, 1994. SUBJECT: EUREKA PLAYGROUND FUNDING RECOMMENDATION: Receive a report, hold a discussion and give staff direction regarding additional funding for Eureka playground at South Lakes Park. I SUMMARY: The Texas Parks and Wildlife Department matching grant designates $70,000 for j the construction of the two playground areas located in South Lakes Park. Earlier this year, City j Council approved $35,000 of the playground allocation for the purchase of materials that will be used in the construction of the Robert Leathers playground. It was agreed that the balance of the funding for this project would be raised by the community. The remaining $35,000 was to be used for a playground located in the north end of the park. Over the past eight nmtlL , The Friends of South Lakes Park have been involved in a very succes1'ul and thorough fund-raising campaign. Even though the fund-raising efforts will continue for the coming weeks, the Committee is expecting to fall short of their fund-raising goal thst i of $150,000. 71;t Committee has come to the Parks and Recreation Department eking additional grant funds be allocated towards the Leathers playground. Upon researching the various funding options, staff feels that a compromise could be reached that will contribute to the completion of the outstanding regional playground which will benefit the entire commut ty. The ; Parks and Recreation Department is very committed to achieving the goal of completing the Eureka playground as plaanod. Therefore, after review of other scheduled Parks Division activities, the Parks staff will be able to assume responsibility for installing the north playground. This activity will free up an Mdliidonal $15,000 which could then be allocated against the anticipated shortfall for the Leathers playground. It needs to be emphasized that there will be no sacrifice, whatsoever, in the quality or scope of the playground located in the northern section of the park. This playground will be constructed as originally approved by Council at the June 17th 1. S City Council meeting. I f 1. r t T° ~tl~ 1 i •v w~ a r ua.nr~ rwss~~ Ap1t *No_.. u, t:1 This item will be discussed with the Parks and Recreation Advisory Bo on October 17th. Their recommendation concerning this matter will be prese UM ILUUMU ~u Session of October I Sth. BACKGROUNDm In August 1993 .he Parks and Recreation Department was successfully awarded a $500,000 matching grant from the Texas Parks and Wildlife Department that will supplement funds allocated in the 1986 Bond Fund Program for the development of South Lakes Park Phase one of the park development will incWe the construction of a small lake and fishing pier, two picnic pavilions, picnic tables, two tennis courts, one mold-use court with basketball goals, one send volleyball court, 1,25 mites of concrete jogging trail, one mile of soft surface nature trail, one restroom and parking lots. PROGRAMS, DEPARTMENTS OR GROUPS A_FFCTED • The entire community will benefit by the completion of the proposed scope of the Eureka playground. The playground at the north end of the park will also be completed per State approvod specifications. t FISCAL IMPACT: There will be no fiscal impact on the overall park construction budget. RESPP Y SUBNG Lloyd V. Harrell City Manager Prepared by, Mickey OhWA Park Planning Coordinator Parks and Recreation Department xE Appr Executive Director for Municipal Services/Economic Development Z~ it 1. a f` r I ar~VS~ r. _ ~ ,v , d }:I ~r + f L~,rL,J;yj:(~, i4irb4'a. wed, „".fT"V•~ ~ a,.,- 6 'Ir~SI 1 , f r . 4 ~ ' _ a r w y -CITY COUNCt". c}' ei Mr ~ w o I 4 } o N ,5~0 Y . t f f B1NwLi Cl T.7 No A~baN ORDINANCE NO. 10/14/94 DRAFT AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 25-5 ("SOLIC- ITING BUSINESS OR CHARITABLE CONTRIBUTIONS") OF THE CODE OF ORDI- NANCES OF THE CITY OF DENTONt PROVIDING FOR A PERMITTING PROCEDURE FOR SOLICITING CHARITABLE CONTRIBUTIONS; PROVIDING FOR A SEVERABIL- ITY PROVISION; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR \ PENALTY FOR VIOLATION THEREOF NOT TO EXCEED $500.00; AND PROVIDING FOR AN EFFECTIVE DATE. THC COUNCIL OF THE CITY OF DENiJN HEREBY ORDAINS: i SECTION I. That Sec. 25-5 ("Soliciting Bus!iess or Charitable Contributions") of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: See. 25-5. Use of thoroughfares for soliciting. It shall be unlawful for any person to stand in the roadway to solicit charitable contributions on or along the side of the public streets of the City; provided, however, a person or organization may solicit charitable contributions on roadways so long as they do not impede the lawful traffic on the roadway and so long as such person has previously applied for and received a permit to do so by the chief of police pursuant to Sec. 25-5.1 of this code and so long as such person has a copy of such permit prominently displayed on his person. SECTION 11. That the Code of Ordinances, Denton, Texas, is hereby amended by adding a section, to be numbered Sec. 25-5.1 ("Issuance of pbrmits for use of roadways to solicit charitable contributions") which section shall read as follows: Geo. 25-5.1. Issuanca of permits for use of roadways to solicit charitable contributions. (a) An applicant for a permit to solicit charitable con- tributions while standing in a roadway shall file an application in writing with the chief of police not less than is days before commencement of the activity, and may not commence such activity until such time as the permit hrs been issued by the chief of police. (b) The application must contain the following informs- 1 tiont (1) The full name, address, and phone number of the person or organizution applying for the permit and the address of the headquarters in i 'f I "wter4YlQYkt~h'Si,4rt1iY,C:.1»l~ y•,',„•-.~ :l i 1 H ' 11\90LIcir.2 f AQ~ADINO AQlnEa1 (fet~....~ 06 - ORDINANCE NO. 10/14/94 DRAFT AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 25-5 ("SOLIC- ITING BUSINESS OR CHARITABLE CONTRIBUTIONS") OF THE CODE OF ORDI- NANCES OF THE CITY OF DENTON; PROVIDING FOR A PERMITTING PROCEDURE FOR SOLICITING CHARITABLE CONTRIBUTIONS; PROVIDING FOR A SEVERABIL- ITY PROVISION; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF NOT TO EXCEED $500.00; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Sec. 25-5 ("Soliciting Business or Charitable Contributions") of the Code of ordinances of the City of Denton, Texas, is hereby amended to read as follows: Sao. 25-5. Use of thoroughfares for soliciting. It shall be unlawful for any person to stand in the roadway to solicit charitable contributions on or along the side of the public streets of the City; provided, however, a person or organization may solicit charitable contributions on roadways so long as they do not impede the lawful traffic on the roadway and so long as such person has previously applied for and received a permit to do so by the chief of police pursuant to Sec. 25-5.1 of this code and so long as such person has a copy of such permit prominently displayed on his person. SECTION II. That the Code of Ordinances, Denton, Texas, is hereby amended by adding a section, to be numbered Sec. 25-5.1 ("Issuance of permits for use of roadways to solicit charitable contributions") which section shall read as follows: Boo* 25-Sete issuance of perwits for use of roadways to solicit charitable contributions. (a) An applicant for a permit to solicit charitable con- tributions while standing in a roadway shall file an application in writing with the chief of police not less than 15 days before commencement of the activity, and may not commence such activity until such time as the permit has been issued by the chief of police. (b) The application must contain the following informs- tion: s` (1) The full name, address, and phone number of the person or organization applying for the permit and the address of the headquarters in •,4 } 41 I~ i I -.IwX9.yy 1 !yl.i `K'. rt tl. . , f !S AF f >w Y~ ,~yY-WQ rte:. r.v ~pendaNo %gendaltyq 1&25 ` la to - the city. If the organization is a chapter or a -714 other affiliate of an organization having its principal office outside the city, the name, address, and phone number of the parent orga- nization, and any local agent. (2) A description of the purpose of the solicitation, which includes a list with ad- dresses and phone numbers, of which persons or organizations to receive the funds collected by the solicitation. (3) A description of the method or methods to be used in conducting the activity. (4) The period within which the activity will + be conducted, including the proposed dates for the beginning and ending of the activity. (5) A statement disclosing each conviction of a crime amounting to a felony or a misdemeanor involving dishonesty of the applicant, any person in charge or control of the activity, or any officer, director, trustee or agent of the applicant. (6) The applicant shall sign an affidavit stating that at least seventy-five percent k (75t) of the monies collected by such charita- ble solicitations shall be used for the direct benefit of the stated purpose or purposes of the solicitation. For purposes of this sec- tion, the term "direct benefit of the stated purpose or u " Wean funds purposes of the solicitation" shall expanded directly for the specific i purpose or purposes which the person or orga- nization states in its application, but not including funds expended for overhead, manage- ' r' ment and administration, and other items not specified in the application. (7) Whether contributions to the applicant are tax deductible, the extent to which con- tributions are tax deductible, and, if the applicant has expressly been `exempt status by the United states tInternal Revenue Service l; , proof of that statue shall be F f. provided, if applicable. PAGE 2 r y7:r I az V~ AgeWai(e (8) An executed copy of a hold harmless and vo ~r~ indemnification agreement prepared by the office of the city attorney, along with an insurance policy evidenced by a certificate of insurance by an insurance company licensed by the Texas State Board of Ins+irance insuring each of the participants in the solicitation both for injuries to themselves and others, with the city named as an additional named insured, with the policy limits of the insur- ance policy being in an amount of at least dollars ) per person, dollars ) per occurrence, and dollars } for property damages. (c) The administrative fee to be charged for issuance of such permit to conduct such activities on public thor- oughfares shall be ten dollars ($10.00), plus the cost of preparing individual permits to be displayed by solici- tors. (d) After a review of the application and collection of the appropriate fee, the chief of police shall issue a permit for the activities permitted in Sec. 25-5 of this Code. Such permit is to be prominently displayed on the person of the applicant or, in the appropriate case, on the person of the applicant's employee or agent when con- ducting the activities permitted in Sec. 25-5 of this Code. (e) The chief of police shall have fifteen (15) days to issue or deny issuance of the permit. if the chief of police fails to issue the permit within fifteen (15) days, it shall be considered denied. If tte information contained in the.application is deternineli by the chief of police to be either false or incomplete, the chief of police shall deny the permit. Any person aggrieved by the denial of the permit may appeal such decision to the city council within ten (10) days of the denial. ~ r P .r (f) All permits issued pursuant to this section shall be valid for not more than three (3) consecutive days. An applicant shall be allowed only two (2) such permits per a. R`. coiendar year. 9 y" (g) Activities permitted in Sec. 25-5 of this Code shall yyi'', 3z be prohibited prior to 30 minutes after sunrise and after 30 minutes prior to sunset of any day, Monday through Saturday, and shall be prohibited at any time on any Sunday. lti: v, PACE 3 i s Kt " WWII s r qy Tie la.m~ Aeenda No " AWalt S' NO 10- / e shall ( Activities Permitted a sSec. 25-5 Of this the age ofoeighteen not be allowed by any person (Is) years. t (i) All persons conducting such solicitations shall, at • all times during which the solicitation is being conduct- ed, wear traffic safety vests. That if any section, subsection, paragraph, csrrrtoN? I I . l lest ion sentence, clause, phrase or word in this ordinance, or app court thereof to any person oL circumstance is held invalid by any affect the and the City of competent jurisdiction, roons holding shall ordinance not validity of the remaining p of this , Council Of the City of Denton, Texas, hereby declares h invallwould have enacted such remaining portions despite any su. That any provisions of any ordinance which may be in conflict w th the terms of this ordinance are hereby repealed. rON That any person violating any provision of this ordinance shall, upon conviction, be fired a sum not exceeding $500.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. j CTiON_VI. That this ordinance shall become effective four- teen (24) dayys from the date of its passage, and the City Secretary ~ =ithe official news- a is hereby twiin the Denton Record-Chronicle, ` published twice i paper of the City of Denton, Texas, within ten (10) days of the date of its passage. 1 A 1994. PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR ATTESTt ' f~a,{ JENNIFER WALTERS, CITY SECRETARY v; y' ,1 BY 1a APPROVED AS TO FORK ONLY NOT CONTENTi 4 ~x{ DEBRA A. DRAYOVITCNr CITY ATTORNEY ~ t i ~ ~L' l• Yk J S , Asa r i BY. • F- ! N .i . 1. It. , r! r 4th r ~ ✓ ~ J'r4 ! i~ Y.f,~iiti/~V~h''P.i4%aJ:a:F,~dainr~,.,: r,+..-:. i uv A`h aIda h19AVUOY- . age~~al fea(~ J~~~ Gale 5c~ ZU CITY Of DENTDNO TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8307 Office of the City Manager 'r CITY COUNCIL REPORT TO. Mayor and Members of the City Council s k FROM: Lloyd V. Harrell, City Manager a t DATE: September 9, 1994 I SUBJECT: Solicitation On City Streets j The City Council has asked that this item be placed on a work session agenda for discussion. As you know, the matter of solicitation on city streets has been before the Council on sevieal occasions and is currently prohibited by ordinance. { During the most recent discussion at the regular meeting of March 22, 1994, Staff repoiced that a comprehensive survey had been done regarding what other cities allowed and that a draft ordinance had been prepared for consideration. Council had previously discussed the ordinance and voted not to proceed and the item died at that point. Following additional deliberations on March 22 concerning public input, Cot+noil again decided not to proceed with the i development of an ordinance permitting solicitation on city streets. The minutes of the March 22 meeting are attached for your review (See Attachment 1). The City Counoil Report for the March 22 meeting has also been provided (See Attachment 2). it includes a copy of the current solicitation ordinance and a portion of the agenda backup from the meeting of August 24, 1993. Additionally, this item includes the minutes from the meetings of September 29, 1992; August 24, 1993; August 310 1993; and, October 120 1993. Please note that the i minutes are listed in reverse order from the way they originally it appeared in the backup. That is, the October 12, 1993 minutes appear first followed in order by August 31, August 24, and ? September 29. Staff has also provided the City Council Report of August 31, 1993, which dismissed the proposed ordinances regarding charitable solieitatlois (See Attachment 3). ,;uuneil may recall that the difference in the two ordinances is that one included a provinion Y. for insurance for the applicant who wished to solicit and the other did not. 4 r,r ,r k s . "Dedicated h. {duality Service" 4' ; ~ , i a x+o 7 i1Nh ApendaNa C~ C/ ~ O.p AgenOalt ~ y Date The background information pertaining to solicitation n 3 Sthe ee roadways is reflected in the memorandum of August 4). This item documents the staff research to determine Attachment what other cities are doing in regards to solicitation. Please advise if I can provide additional information. RESPECT LY SUBMITTED, L oy Harre City Manager Prepared by: Jose Portuga Assistant to the city manager Attachmentss Minutes of the March 22, 1994 Meeting f City Council Repr::'t, dated, March 22, 1994 City Council Report, dated, August 31, 1993 Memorandum, dated, August 13, 1993 c; A4. p• t'c fy n, di7' i""4 # a 44 drrp " p~•n ~2~5 : ~ r "'t0. 't J~~, i . I.1fR. m a t~ {'1 41 y Pa . ~k.' rswv~ ' la f l AQendsHo City of Denton City Council Minutes AgeWalfe .5' March 22, 1994 Date /0-/ - I Page 26 lob 7 9. Update on the "Vision for Denton" project. s Council Member Killer stated that two impact groups had recently 3 met. A schedule of when the impact groups would be meeting had } been developed and the project was moving forward. } City Managar Harrell stated that there had been a' first meeting with chairs of the various impact groups. Every group had been represented and the chairs continued to be very enthusiastic about the project. By the end of the week, every impact group would have { met except for the bducation group. The education group was in need of two new chairs. one had been selected, Jim Alexander, and the group was working on the other co-chair. Council Member Brock stated that the open house for the Vision Room would be on Sunday April lo, 1994, 2:00-4:00 p.m. Mayor Castleberry stated that there.was a great deal of interest ir+-. the project. j 10. Miscellaneous matters from the City Manager. A. Teasley Lane Update - Rick Svehla, Deputy City Manager, stated that the City continued to work with the Texas Department of Highways. on April 6-7 there would be neetings at Sam Houston Elementary School for interested individuals regarding the project. Notice of the meetings would be sent by utility bills and through t` t,hp press plus Channel 25. ' " ~ III The Council considered the work Session items not considered during the Nork Session. 3. The Council received a report and held a discussion regarding solicitation from the roadways and gave staff direction. Miller motioned, Brock seconded to defer this item until the next meeting. Council Member Perry stated that this was the third time to r' consider this item. He asked why it would be necessary to postpone r the item. Council Member Miller indicated that Council Member Chew was not at the meeting. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "nay", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3 i' vote. Yr}p T w fy , I U U City of Denton City Council Minutes aQlbdilMO Qu~~1~ March 22, 1991 ggen~alte~nz,. Page 27 ~Jela roe City Manager Harrell stated that this item had been before Council several times concerning whether or not to permit solicitation on the roadway within the City. Currently such activity was prohibited. A comprehensive survey had been done regarding what other cities allowed. Council had asked for a draft ordinance at that time, and gave direction regarding provisions for the i ordinance. Council voted 3-3 a year ago to not proceed and the item died at that point in time. Council Member Miller indicated that since he had been on Council, these types of issues had been resolved by ordinances. This was one issue which the Council refused to put in ordinance form for 4 consideration. He felt that there was enough indication that this was the kind of issue which should be brought to Council in the form of an ordinance to give the public an opportunity to provide input. He wanted Council to put this information in the form of an ordinance and then consider that ordinance. Council Member Perry stated that the publio had had three opportunities to address the issue. Many cities had an ordinance which prohibited solicitation from the roadways. The City did not i deny a group a basic right. The City did pay attention to safety hazards and to impeded access to the roadways by individuals. This was a serious matter in a busy intersection. Council Member Miller stated that this item had only been considered by Council in a study session and there had been no i public input on the issue. There had been no consideration of an ordinance. i Ken Gold stated that the ordinance regulations could be lessened and that would provide some good to a national charity. While he could not predict the future, there had never been a single injury in prior years. He realized there was a constitutional question in that if one organization were allowed to solicit from the street then all must be allowed. A recent court decision indicated that charitable organizations had access to the streets. Council Member Cott indicated that it was time to have an ordinance i, to consider. Mayor Pro Tom Smith stated that she was opposed to solicitation on 10 the roadways. It was a serious traffic hazard, a bad example to children and a nuisance to drivers. Miller motioned, Cott seconded to direct staff to proceed with the drawing of an ordinance for Council to consider at a meeting where the public could respond. With the information provided at the s" s , If {x~.,.4`u-~~Y S,,^~:: :"Y'✓•I..r i'r..tii An. ..i. . 1 1'i I ~ Ty r , 101 City of Denton City Council Minutes Ap &Llm March 22, 1994 AQe@dal(em Page zs Date 10 -tR -94 Cr 09714 meeting of October 1993 there was a proposed ordinance. Staff could also provide data from other cities regarding this issue. On roll vote, Brock "aye", Cott aye Miller "aye", Smith Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3 vote. 5. The Council received a report and held a discussion regarding as an Enterprise "Building $ and tin erfor Empowerment Communitiess, and appli Community. Frank Robbins, Executive Director for Planning and Development, stated that the Federal Government had announced that six cities would be designated as empowerment zones. Denton probably would not be designated as such as the funds probably would go to much larger communities. Sixty five communities of Denton's size might be designated enterprise communities. He felt it would be a worthwhile project to go through. To be designated an enterprise community the City would have to develop a strategic plan in an 1 area of poverty and economic services. The Department of Housing i _ and Urban Development had four key principles in the project - (1) economic opportunity which involved the creation of jobs both within the community and throughout the region, (2) sustainable community development which involved empowerment of communities by supporting local plans that coordinate economic, physical, environmental, community, and human development, (3) community- based partnerships which involved broad participation by all 1 segments ~A the community and (4) strategic vision for change which involved a strategic map for revitalization. He proposed a technique which would involve meeting with individuals in small groups for 2-4 hours regarding the issue. A draft plan to Council would be presented at the second meeting in May. i Mayor Pro Tom Smith asked for the deadline for submittal of the application. anto be to d of June. a State by June Robbins to the replied Federal government by the had 4 and Council Member Perry asked where the membership of the groups would come from. Robbins replied that anyone who wi3hed,to become involved could do nclude the United Way, NICE, the so. Groups [liggested would include* s. Owsley coalitio.i, and the Community Development Advisory Committee. ` Council Member Miller suggested that church groups, police input, the educational system such as PTA, and the judiciary be included. Fr. )l w' +C b P • 1 . I ~e.., r traa~ 1 ~~aNo G ABenea~t ~ ITY CODUCIt• 40 T Date 7 y TO: Mayor and Members of the City Council 10~ FROMs Lloyd V. Harrell, City Manager `i DATES March 22, 1994 i SUBJECTS Solicitation on City Streets The City Council asked that this item be placed on a work session I 111 agenda. The City Council has studied this issue on several occasions. A copy of the City's current solicitation ordinance is included. The ordinance prohibits any type of solicitation on the roadway. Also included is a portion of the agenda backup from August 24, 1993, which outlines some of the items included in other cities' charitable solicitation ordinances. Minutes from the September 291 1992, August 24, 1993, August 31, included forcyobr review 1993; City Council meetings have been 1993 n"d F, Staff will be available to answer any questions or provide " additional information. -r RESPECTFULLY SUBMITTED, ~ s• I , oy V, Harre city Manager 6 Prepared bys is y, . i,~KG!` Ca er ne E. Tuc ! T''' ra Administrative Assistant { ,L C~ ~ try i ;,77 j Y IV L 4 17y 4~4 1, i }r~~.~ y 1 4 , 1 l l 4A r AAendaNo 9y- y 125-3 DENTON CODE Agendau I vs" NO - ! Sec. 26.3. Construction of permanent drains discharging eraser over 6igewalks~ 7 f (a) It shall be unlawful for the owner or person in control of any building or promisee in the city to construct or maintain any downspout or other permanent drain so as to discharge water over the surface of any sidewalk. i (b) Whenever the city engineer shell discover any downspout or other permanent drain on any premises in the city which discharges water over the surface of any sidewalk, is shall be his duty to notify the owner or person in control d any such premises, in writing, to correct the condition within thirty (90) days from the date of such not lee (Code 1968,121.5) ties. 25.4. Painting or marking on public property; permit for punting address aum• bars for pay. W It shall be unlawful for any person to draw, mark or paint any sign, picture or cbar. acter tiyon any sidewalk, pavement, curbstone, utility pole, public bridge, public building, public righW-way or other public property, except as otherwise provided in this section. (b) The prohibition of subsection W of this aectfon sball not&pply to city employees, surveyors or public utility employees or their authorised agents marling public property in w performance of their duties or permitted construction work or to pstsoas marking or painting - upon a public sidewalk by making use of chalk or other afmilar water-soluble materials. (c) The prohibition of subsection (a) of this section shall not apply to persons deairlag to paint house numbers upon curbs for payment by the owner at that address, in accerdance with a permit issued by the city secretary. The application form for the permit shall contain the name and address of the person making application, minimum standards for the application of the numberiDg and other information as may be deemed necessary. House numbers shag be placed only on the cw~b in front of the dwelling on the driveway return portion of the curb. In ent sh" numbering be placed upon a curb without tint obtaining payment or approval no e+t of ant from the owner of the property. All parsons soliciting owners of property to provide house numbering services sball include the name, address and permit number for the person soliciting on any written solicitation materials delivered to the property owner. (Code 1988, 6 21.9, Ord. No. 89-021, § 1, 2.7.89) Sac. 25.6. Soliciting business or charitable contributions. it Ihall be unlawful for any person to be upon any sleet or roadway or to be or go upon the ;,aoulder oe median of any street or roadway for tie purpose of soliciting business or charitable contributions of any kind from the occupant of any vehicle A;, (Ord. No. 88081,1 1(21.10(a)), 3.1888) Cross reference-Solicitors and itinerant merchants generally, 0 1871 at seq. 1880 I " ~ II , t 49"Mo L y 1 23.3 DENTON CODE 4genddlte &Is I 98te 4 -7 Sec. 26.3. Construction of permanent drains disch f arrlag water over Gi&ivalks (a) It shall be unlawful for the owner or person in control of any building or promisee In the city to construct or maintain any downspout or other permanent drain so as to discharge water over the surface of any sidewalk. (b) Whenever the city engineer shall dismm any downspout or other permanent drain on any premiss in the city which discharges water over the surface of any sidewalk, it shall be his duty to noo the owner or person in control of any such premises, In writing, to correct the condition within thirty (30) days Qom the data of such notice. (Code 1968,121.5) Sec. 25.4. Painting or marling on public property; permit for painting address num. bens for pay. (a; It shall be unlawful for any person to draw, mark or paint any sign, picture or char acter upon any sidewalk, pavement, curbstone, utility pole, public bridge, public building, public righWf way or other public property, eampt as otherwise provided In this section. (b) The prohibition of subsection (a) of this section shall notopply to city employees, surveyors or public utility employees or their authorised agents marking public property in performance of their duties or permitted construction work or to persons marking or painting upon a public sidewalk by nuti dnj use of chalk or other aimilar water-soluble materials. ! (c) The prohibition of subsection W of this section shell not apply to persons desiring to paint house numbers upon curbs for payment by the owner at that address, in accordance with a permit issued by the city secretary. The application form for the permit shall contain the name and address of the person making application, minimum standards for the application of the numbering and other information as may be deemed necessary. House numbers shall be placed only on the curb In front of the dwelling on the driveway return portion of the curb. In no etnt shall numbering be placed upon a curb without first obtaining payment or approval of payment from the owner of the property. All persons soliciting owners of property to provide house numbering services shall include the tame, address and permit number for the person soliciting on any written solicitation materials delivered to the property owner. (Code 1988, 121.9; Ord. No. 69-021, f I, 2.759) Sec. 25.5. Soliciting bush*w or charitable contributions. It lhall be unlawful for any person to be upon any street or roadway or to be or go upon the shoulder or median of any street or roadway for the purpose of soliciting t,u siuess or f charitable contributions of any kind from the occupant of any vehicle. (Ord. No. 88061, 1101.10W), 3-1558) Cross refersnoe-Solicitors and itinerant morcbants generally, 1 1671 at seq. 5 V 1880 1t h, 1 1 ,r iY. tryv~ Cm.a f at nx-~ 400b NO of CITY COUNCIL REPORT Data ata I! ' D d'c TOs Mayor and Members of the City Council 7 FROM: Lloyd V. Harrell, City Manager SUBJECT: Charitable Solicitation at Intersections DATE: August 24, 1993 i i i BACKGROUND: In 1988, the City Council adopted an ordinance prohibiting persons from soliciting business or charitable contributions in the rights- of-way. In September of 1992, the City's firefighters, represented by Mr. Alan Hempated, asked the City Council to allow solicitation for charttable contributions at intersections for their annual Muscular 1 Dystrophy Association Fill-the-Boot campaign. As requested, staff studied the ordinances from several other cities and presented the information to the City Council for the September 29, work session. ! ? At that time the City Council discussed the ordinance but did nots approve an amendment. The firefighters are asking again this year that the City Council repeal or amend the ordinance. This report highlights the information four other cities require a; when permitting persons to solicit charitable contributions at intersections. The ordinances from those cities, Lewisville, C rrollton, Plano, and Grand Prairie, are attached. Also attached i the backup material and minutes fror: the September 29, 1992 work session. SUMMMY: s " £ Options acrs, Vability and Insurance Information r • Provide proof c1 insurance, and execute a hold harmless and indemnification agreement References Section 20-38,1(f) (Grand Prairie) Section 11-169(4) (Plano) V' . Y 44 z, `A?~ , , 4 • Sign a lirbil sty waiver releasing the city from any claim err , ; arising from s solicitation drive x~ References Section 20-181 (Carrollton) 1.4 Yr Section 11-169(5). (Plano) a r r r~ I~l~r~ t~ r Y" dd 1' 1a+'; f / Puff r d~qt, F NYMY4~ I agenda No u~da Agendalt proof of Charitability S n • Provide proof of tax status with the internal ReveTy0ta References Section 20-38F1(b)(8) (Grand Prair e) Provide a copy incorporation. o Iftae foreign organization's rorganizationlethey must provide a copy of their certificate to do business in Texas. Grand Prairie) i References Section 20-3e.l(b)(5) Sign an affidavit stating tha', at least 75% of the monies collected will go to the purpose of the solicitation Reference: Section 20-38.1(b)(7) (Grand Time and Place Regulations Hours • Prohibits solicitation between the hours of lam - gam and 4pm- 6pm (Carrollton) ,e. • Limits hours to 9am - 9pm Monday - Saturday (Grand Prairie) t , . , am - 7pm (Lewisville) Limits hours to 7 • , -s • Limits to daylight hours (Piano) 1• Length of Time } • Limit to l consecutive 24 hour period per year per Y~. organization (Plano) Limit solicitation to a May, Agustve and y October beginning each the 3rd Thursday of March, year ` (Lewisville) I • Limit solicitation to 2 permits per organization per calendar year for not more than 3 specific days within a 30 day period 3 Section 20-39.1(f) Grand Prairie Age Limit `F • le years of age (Plano) ~'a ?r. • 16 years of age or older (Grand Prairie)r 1,4 • 14 years of agot (Carrollton) # Other options . year tre !ic safety vests at all 'Imes (Plano) k • Identify specific crossings or intersections to conduct solicitations (Lewisville) r r~ s t Q t~..y igandsNo r a'pendiij S • prohibit walking on the main roadway slate ~Q_ ir-9 ( r (Carrollton) ) • Specify length of time required to file for permit prior to the d drive. For 30 days, and Lewisville 5idays3 days, Gran Gran • Require contact person information • Require organization to provide a description of the solicitation methods rovide a solicitationofdri a vcrime. Sect 20- • Each person involved in statement disclosing each j 30.1(b)(6) (Grand Prairie) t from j Request per year ' • Grand Prairie generally receives one request per year, I , the Shriners" requests each year, including • Plano usually receives about 6 ; the Shriners, the firefighters Fill-the-Soot campaign, Kiwan i , and the Plano National Letter Association, emit Lewisville generally has two organizations apply fora p each year, the firefighter's Fill-the-Boot campaign and the Columbus. Knights of RESPECTFULLY SUBMITTED, ' J V. arrell L1 City Manager r Prepared bys r,' F Veronica S. Og esby y' Administrative Intern A.yN~ t~ * I p F ~J4 "11 r F 4 }rv . y t ~ f fit; yJJ .was" a,,:-„-.•~-1 v. t rye ak"lr{ Y r.A•ti J RSI YM~ A . r gny,gr~ ra- . . t. ' Ap*M Apelr~~t SSf.S.O~Ip,) 1~.~Qi ORDINANCE NO, /-503714 AN ORDINANCE OF THE CITY COCNCIL OF THE CITY OF LEWISVILLEo PROVIDING CHLE SOLICITATION #INEROADWAYS LOCATEDR ITHINATHT CITY LIHITS OF THE CITY of LEWISVILLEi PROVIDING RFGULATIONSI REQUIRIN3 A PERKITI PROVIDING FOR APPEALI PROVIDING A 9EVERABILITY cwuse: PROVIDING FOR A PsNALTYI PROVIDING A REPEALER! PROVIDING FOR AN EFFECTIVE DATEI AND DECLARING AN EMERGENCY i WHEREAS, ARTICLE 6701D SECTION $1, V.A.T.9. ♦ N CITY WITH THE AUTHORITY TO PERMIT CHARITABLE SOLICII'ArIONF ROa.KAY90 AND$ WHEREAS, THE CITY COUNCIL. 10 OF THE OPINION !PAT ."i: 1 G ..CTIVITY 6HOULO BE PERMITTEDI NOVO THEREFORE, BE IT ORDAINED BY THE CITY C00,7:L Cr` ,f C.LY OF LBWIBVILLB, TEXAS$ 090TtON I. r DEFINITIONS The following words and phrases when used : .J sootior=ce have the r.aa:.:: Ordinance respectively shall ascribed to them purpose infthisthis tis A. "Chatltable OrQ aizatiV 't includes assoe..At- clubs, sociek.es, firms, partnerships r: corporations am well. as ndividaals or gr: .t~ individuals wh-Ch meat thr definition of chat u<x gzganitation dstsblished Ly the Internal Sc ' . V-41 service. ~ J B, "Charitable +olicitations ca, Isigrk" ntans C , of conduct tkAereby any charit:ale cr;ar.:. I,Opert,, on the -Its ' fr ; s, t,'*Fa r~ sol.a it n~ney or p ; -erresentaLion that the proceeds tha~atri:tic;• f 5 a, ny charit bl .e, edL.ati' ^sal, Y philanthrop.. F. ;cat: kY~ ~ rs` "Solicit" or tt8t:. itation" rear:3 a,,•t ;r,, t written request c:ng or ..ttcryt,nq to i r, honey or prcper.y. r i 4 nr i i . w ',y . sraa•~ t v f M rM u Z;:-ANCE S0. 153„-8-90 ! AQenCaNo y Page I Agenda}E late 1. D. ,City" means the City of Lewisville. 164 7tj E. "Direotor" means the City of Lewisville Development Director or that person's designee. BECTION II. PERMIT REQUIRED it 0ali be unlawful to stand in a roadway to solicit charitable co,.itributians unless the organization eonduct.rrg and responsible therefor shall first have obtained a permit is 4 compliance with tbz.terms of this Ordinance. ETig.~ ao t I:. 1i APPLICATYOK IOR PERMIT A permit to stand in a roadway to solicit contributions in the City shall be granted only after a:: application for such purpose is filed with the Director not lei.; than five days prior to the initiation of the prop:se.` solicitation. Such application shall be sworn to by the ar,li;an and sha.i contain the following informations A. The full name and address of the char:tat:; organization applying for the permit to solicit a roadways B. The name and address of the person or persens, ow': Will be in charge of conducting the chari:a::.a solicitations campaign in the Citys C. The period within which such charitable scl:. tione campaign shall be conducted, incliding e.:r proposed date for the beginning and end of ej_: t campaigns and lti~r ;a ;r D. Proof that `*e charitable organization rats :.:a + definition o. charitable organiMion estaclis:.a; by the Interns; Revenue Service. s UCTIOV IVA CONDITIONS Or APPxgVAT. r, r h I 1r r ° ~ 4 7. - -'^kaIF-NW.i.Y,?•.rsv!iv:a..ra a*:. t ~'f $k 1}~~ r ...1 .fly 1 Y ~7-. v'9 Pif.F.y~ ~ i ~ y ~e~OaNo A ` AgO00% Ordinance No. 1731-8-90pate Page 3 upon receipt of a proper application as provided for In this, Ordinance,- the Director shall approve and issue a Fernit'tc contributions requested uselesto solicit s the Director charitable determines thats stand period in a A. One or more of the statements made in ts. application are not true; or 8. dThe efinition established by the Internal Reyan6A service; or C. The information n required has failed to fully complete all tna ~cT1~cN v. i\APEI►L Any person aggrieved by the action, of the Director ir..~a denial of an application for permit as provided in Section Ztl. of this Ordinance shall have the right of appeal to the City Council of the City. such appeal shall be taken by filing with the City Secretary, within ten (10) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the ay;tal. The Council shall set a time and place for a hearing on such appeal within thirty (30) days, and notice of such, hearing shall be giver. to the appellant by rail, postage prepaid, to the address listed on the application, at least five (S) days prior to shsuch all bearing. The decision and order of the Council on such app and conclusive. SLOTION Vic TIME AND lLACS AEOVIATIOPS x Notwithstanding an provision in this Ordinance to t`.a contrary it shall be unlawful to stand in a roadway to solic x~ charitable contributions in the city except; ~.3 A* For three (3) consecutive days, beginning on the 3rd Thursday of March, May, August and October each !4. , cons; utive pdays shaoll9beginhone the ufourthe (4th) conaec Thursday.) f , -...•ir,;H:'y 4lT CaiY:rYuw-.A9M Y w.U;.;1 1. .r 1 r f A 0) y A 4PdaNo ' Agandalte date__ ordinance No. is 7-8-90 /8!R ? page 4 Vv g, At the following crossings or in,:8:set6icn,s: 1, Valley parkway at Bellairei 2, Bellaire at old orchards 3. Sellaira at Edmonds; • S?~ ~vq 4, Bellaire at 121; ggc p, Southwest parkway at Corporate, • 64 Gordon Ridge at Valley parkway; 9 7, College parkway at Valley Parkway, 8 Valley parkway at train, and C, Between the flours Of 700 a.m, to 7:00 P.M. r ~ sr;.l~t~_~~~VZ1• . ! iIEpEALEit Ever yy ordinance or parts of ordinances found to be is conflict harawith are hereby repealed- yy Mu" US SIIVSMSZLITY the 14. It is hereby deelara~agraphe thsentences~nelauseslCarY Council that the sections, p seetloa, es of this Ordinance are aavarable, and it any + paragraph phras , sentanaa, olause or phrase o hiud etant ore decree o"• declared unconstitutionaurisdle tion, such unconstitutionality or Y a court of competent i dinance; and the Ci[ayyrCcurc U 11 o or phrafeat an othe se of this OrV remaining Invalidity she t ono even ~antanca, olau eased the remaining Port be hel'i ~hereby declares it would have p arts would though it had known the of tooted p unconstitutional. i °~"TI.~ 0~.K M PUALTY i 41 ; 1 •r " r - agendaNe qy Agenda~te Date ' Ordinance No. 1577-9-90 M4714 Page S Any person, firm or corporation who violate,) provision of this Ordinance shall be deemed guilty c: a x.~aarian:r and, upon conviction thereof in the Municipal Court, shall tz subject to a fine of not more than $2,000.00 for each offense, sr.3 each and every day such offense is continued shall constit%;ta i raw and separate offense. I!I dEC^aIOH x~ f EFFECTiV>Z DI1TE This Ordinance shall become effective from and after its ' passegqa and approval and publication as the law in such cases provides. eEaTr4r_zz~ i E URGENCY f %t being for the publio welfare that these anand.cn"_s the Code of ordinances be passed creates an emergency ar.i reb?1^ necessity, and the rule requiring this ordinance be read on tkrc+ (3) separate occasions be, and the some is hereby, waived, and this Ordinance shall be in full force and effect from and after its ' pa#sagQe and approval and publication, as the law in such cases provides. PA009D and APPROVED by a vote of A to on t,lis 20th day of August , 1900. ' a DO NY D IE MAYOR, CITY 0 LEWISVILLE, TEXAS 4;< it µs ATTESTS r , 1 Y \ ' j' city Secretary INC, 7i ice. fF { of ~ r~ rte-.~ P i 40endaNo.9 ~ y Ordi a ` CJs 9`` nnce No, 1557-840 ' eaq k t AOORO'ED AS TO FORM v I RONALD J. N MJW$ City AttOtney ~r I a1 q~ fA * {Y; I 'lam Ir*; ly}~~ ~~f i .qn i N lea ra " ~Y~{ + j. Y Ir a ~ ~'n . 0 r ~ i q ~ r1 z~ 7~ '~!'JW4'1~txftc' r 4 ~AArW Con 4ay■ V IOWA No 14 air Nib l U-1 71914 ~y r•q• -sk DSYIgION S. JJJ SOLICITATION ORIVLi ?OR tlfAllIT71BL2 CON'Tlt:DC':;~! lto. 70.111. ►SRM1S RLQCIRiD, Ai►:I:JIT:ON. A charitable orgabiration 44e1ring to solicit tar contributions upon thk public streets of the City, meat: file, not leas than throe 12) days prior to the ae:i:ia:is•. drive, with the Director of Traffic and TrsrspC:tat;.n :.a designee, an applieation for a permit, aorta:r.irq b❑t -et limited to the following informatitnl A. Sams, address and ?hone number of p•:san sl :s~:a a•,; the permit. K 1. Name And location of the streat(al upon which tnq sellaitation le to mour. C. The date end tics for the so:Sei:Ation. D. Nast of charitable organisation spor.s:ring tts solicitation end evidence of the organisation's not for profit status. S. A vrittan agraesaat executed by tns :abr.t a :a ousalsation, agreeing to indemnity and nolt :Se c,ty a -its otticere and •mployeas harmlose a;ainat a:. claims of Injury or dosage to persons o: pr_-.::y, r; whether publto or private, ArLSIAT act o { the seliaitatten drive, lee. 20.117. RSeTRICfro81. A. No person shall Walk on the main trawled -:adway fa: the purpose of soliciting feeds. 1:(cl? Oa (Art. 47::4. Ss:. nr 1. Its solicitation shall be permitted bong ar:ariAL bilhveys Monday through Priday, gas to 1a■ and apm to xr fps. C, go one under the age at 14 years of age spa:: soiic5t along arterial roadways. 3. Soliattersrli llu a rsbleet to all traffic sr r.:r.:::a And tae. 20411), ISSUAYes Or FLWT. l` k Cpan sabsission. validatian, and ars &I of the rra::cetien 4 for a parmie, the Dlreatcr shall to ► a ;trmie, Tr.a :ie•:: r. 1 3 ''R may mod!!y tho•loeatian, date Sri time. The pewit to rwekad at any time in the 0t•reat of poblia roolth. .slaty F 11, r,:w or welfare. 14c. 20.511. DSNIAL Or PIX%IT, AkitAL. t irk r , , sax t 01, f{ ~ ,~1..~~ywWgf`,t1►hYCWM.YI~WWYAb~A1GKli..u;. w...r✓rn„r.. N r r 1r~ r . . r ra a`~ i a i r ~~r ~ boneaao q~- +r 9gsndaft 'tw Page )6 The Director may deny a Par"% It in his Opinion the solicitation drive Would cause extrese disruption of VLO. delivery of City services or extreme hardship to the citilens. if raguest for a permit is denied or modifi*d, the applicant(s) soy appeal to the City Nsnegar or his designaa within two 12) Gaye Of such denial. AITICti 1211. V:OLA710118 AND PpiA1X= ell See. 700165. Ictonx unp ARREST FOR VIOIAT:CN .F ~ Wtan a person is arrested for violation a provision 0f t"; ,s ehepter and is not inmediatsly taken before a meglstrata, tea arrestin4 officer shall take the parsons name, address, the drivers Sicons. number and registration of his vehicle. .f any, and issue to the person, in vritinq, on the fort provided byY the h* persoa notice n to answer eo tL chargefigainst bin f and osaanding nq t In not lase than ten (10) days as the time ana plan •pteigied in the notice. The arresting officer shall have I e1+a arrested person give his written praaiss, i* answer is promise, shall related such parson from clistody. sec. 10-114. GIVING rALS1 NNR VpON ARREST FOR TbAIfT: VIOLATZON. A "roan$ u en belal arrested by a $ollcs officer for a violation of the traffic law Ordinance, shall give the y arresting officer, his true and cerreot nave. 2 1410. 10-117. OIV:NO fALSi ADCR15s uT)N ARREST FOR 7RAIr1: VIOLATION. A person, upon being arrested by a police Officer for a { vilation of a traffic law or ordinance, shall give the 4 arrestinq officer, his true and correct address. Sac. 10-100. ""EMU UPON FAILM OF TRAITIC VIO:ATOR TO "PEAR. f[ A person fails to appear within the nies designated in the totioe to appear, the clerk of the ImAieipal court sbsl: prcessid to C0swaons the person and bring him bfora the municipal too. 10-111. phyxwn of FINIIt WHEN MADINO OCILM ' a A person who has received a notice to appear in answer to a charge under this the ter may within t!s ties specified In k • Lha notice appear at the orgies of the Clerk of Ohio municipal j DoYr~ and Answer this charge met foriitme ne eentest to ! f; a i a proscritad .ns, pleading guilty er i ;r he ehirge, veivieq the hearing in court, and giving paver of `^•-.uwosr..nus,n.law ar:,r,.,v a .v.... i i , fat, ace,;. a A r P ~ d i ~gendaNo Cl ' Agee4a~le Y ORDINANCE NO. a5-1-' V / "I E CITY OF PLANO$ TgIAS, REGULATING AN ORDINANCB OF SH NOKB , AN ORDI AT10N8, or TH EABLt SOLICITATIONS. VENDING ON PUBLIC RIC..KTS- CRARS OF-WAY ANU ITINERANT VENDORSI ORVAININU 01'IEN MATTM ON TIC SUD- 49M RMALiNG ALL OROINANCCS IN CONFLICT AND AMCHDINO ARTICLE IV. PROOLERS AND SOLICITORS OF CNAPTBR 11 OF THE CODE Of ORDI- i EOL AN BY TUXAII ?SOV BI,ING A PENAI.TV CLAUM A "ANCts or i SEVCRAnirITY CLAUSE AND WHEREAS, the City Council of the City of Plane, Texas, upon ` lull consideration of the matters has determined the desirability and necessity of providing now regulations for home solicitations, charitable solicitations and vending on public right-of-way, ' HOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ~IIk 4 CITY OF PLANO, IKXA91 { faction 1. Ordinances numbered 6I-1-1 and 16-1-28 and all other ordinances In conflict herewith are hereby repealed In all I things, See!! n tl. Article IV, Peddlers and Solicitors of Chapter 11 of the Code of Ordinances of the City of Plano, Texas, is hereby amended to read as followel Chapter 11 C• rr 'YJ', ARTICLE IV. PEDDLERS AND SOLICITORS 1 7, DIVISION 1. CBNRRALLY ' Sec. 11-111 Definitions. 1 The following words and phrases shall have the meanings respectively ascribed to there by this section& sUSINE35 OAT meAns any calendar day except Saturday, Sunday or any state or national holiday. CKARITADLE PURPOSE shall mean philanthropies religious or ' fr other non-profit objectives* including the benefit of poor, needyr ` sick, refuges or handicapped parsensl the benefit of any church t,mi 1 or religious sooiatyr seal, group or order) the benetlt of a Patti- ~r e r+,,f +''Ir"~ ,1 otlc or veterans' association or organisstionl the benefit of any ' Iraternalr social or civic organisation, or the benefit at any 'Charitable purposs'shall not be con- sducatlonal Institution. fid 4•? " etrus0 to include the direct benefit at the in0;vldual making the solicitation. 'Charitable Purpose' shall not be construed to r V I•!., •'~wIK~WYtwFV.i44'MtM MCYnX ♦!M. w-. a.r ' 1 IF P, F [o r r r au*•+•r f w Ap*N0 L{ y S 6- I - s f i Ordinance No. AgeWal y include the benefit of any political group or political orgy a~L 7 t t[on which to subseet to financial disclosure under state or 2 federal law. CONSOSRR means an individual who seeks or acquires real or personal property, services, aonsy, or credit for yereonel, tesilyr or household porpoise. COKSUH9R TRANSACTIOR aeons a Sales transaction in which one or more of the Parties is a consumer. HONE SOLICITATION TRANSACTION means a consumer transaction for the purchase of goods, services, or realty, payable 101 Install- menu or in cuh, In which the merchant engages in a personal solicltstion of the sale to the consumer at s residence, in Parson or ny telephone, ■nd the consumer's agreement or offer to purchase is given at the residence to the aerebant either in person or by teloPhono• A home solicitation transaction shall not Include a sale made pvreuent to s preexisting revolving charge account or re tail charge agreements or a sale made pursuant to prior nogotia- tions batveen the parties at a business establishment at a fixed location where goods or services are otterod or exhibited for ealar or a sale of realty in which transaction the purchaser is represented by a licensed attorney or in which the :ransaelion is t t being negotiated toy a licensed real estate broker. i INDIVIDUAL shall main only a natural Parson. MERCHANT aeana a party to a consumer transaction other then J a Consumer, RBSIDENCE mewo any separate living unit occupied for real- dentist purposes by one Or more persons, contained within any type of building of structure. SOLICIT NODS OR SOLICITATION OF rUmDS shall %San any rs9uoet t value, or the r for tAn donation of moneys pros»rlyr or anything of 1, 7 pledge of a future donation of moneys property, or anything of y~ wivol or the selling or o[taclnQ for sale of anY property, real or personals tangible or intanglbler whether of value or not, ry ineludfnQ, but not limited to, goods, books, PasPhlete, tickets, I ` publications or subscriptions to publics eons. LxPressly excluded A to {r the steening of 'solicit funds" or 'aolicltatfon of [ands' s c of , r~R: ~ 7 *T J .n a c rv.~ 1 1 ! r r' 1'1 AgeadaNo. k9cndayo S Ordinance No, as-11' Q - of membership in any organttation. A solicitation of 2 - V any of for ' funds is complete when the solieltatton is communl"t" to any individual then located within the corporate limits of tits Clty, sea. 11-117 Unlawful solicitation. (a) No person, directly or through an agent, shall canvas or solicit in person or by telephone tall (roe house to house in the city Of piano to Bell or attempt to loll goods, ,merchandise, worse, services or anything of value or to take or attempt to take orders for the future delivery of goods, merchandise, wars , or any personal property of any nature whatsoever, or take or attempt to take orders for services to be furnished or performed in the future, without first having a written permit therefore, unless the solicitation is for charitable purposes. 1b) It shall be unlawful for any person, directly or through an agent or employee, to solicit funds for charitable purposes within the corporate limits of the city unless such person shell have [!rat obtained a certificate of registration, le) it shall be unlawful for any individual, as the agent or employee of another, to solicit funds for charitable purposes in the City unless his principal or employer boo received a j j certificate of registration. ~ Idl It shall be unlawful for an individual to solicit funds without visibly displaying an Identification card provided by this Ordinance. Such display must be such that the consumer can read the contents of the identification card. le) it shall be unlawful for any person to alter an ldenti- K, [!cation card. it) it shall be unlawful for an individual to solicit funds while dlspleytrto an identification card issued In the name of another individual, (g) it shall M unlawful to solicit for funds after the hours of 9100 p.m. and before 9100 a.m. 1 _ e (h) it shall be unlawful for any person, directly or through ref: a M: r 3 an agent or employee, to solicit funds after the eapfration of any ;q permit or a rtitleats of registration iaeued as hereinafter provided, 4~ i~~:. r a'•'+wey~W,f(NIYRUXiReileK'b#t4'Tr4i star.,,,.-e...;r n...t....».., _ d it r . .x , Y I P f } r AQ81Idaft u r Age #Qo S ordinance No. j■~ a - any otter of 14mbership in any organization. A sollelItItion of N1 funds is complete when the solicitation is coe,munieated to any Individual then located within the corporate limits of the City. Soo. 11-117. Unlawful solicitation. (a) No parson, directly or through an agent, shall canvass or solicit In person or by telephone call from house to house in the City of Plano to sell or attempt to sell goods, merchandies, wares, service or anything of value or to take or attempt to take orders for the future delivery of goods, mstchandiss, wares, or any personal property of any nature whatsoever, or take or attempt to take orders for services to be furnished or performed in the future, without first having a written permit therefore, unless the solicitation to for charitable purposes. lbi It shall be unlawful for any person, directly or through an agent or soployse, to solicit funds for charitable purposes within the corporate limits of the city unless such person 0all have tint obtained a certificate of ragiatratton. W It shall be unlawful for any individual, as the agent or e,r7loyes of another} to solicit funds tot charitable purpoaei in the City unless his principal or employer has received a certificate of registration. id) it shall be unlawful for an individual to solicit funds without visibly displaying an identification card provided by this Ordinance. Such display most be such that the consumer can read the contents of the Identification card. Lai It shall be unlawful for any person to alter an Identi- ficatton card. E M It shall be unlawful for an Individual to solicit funds while displaying an identification card issued in the name of 4 another 1n41vLdua l, igl It shall be unlawful to solicit for funds after the hours of 900 p.m. and before 100 a.m. Lhl it ohall be unlawful for SAY person, dttsetly or through 1 an agent or employee, to solicit [ands attar the sapiratlon of any permit or certificate of registration Issued as he n ln11ter provided. 4~ r c` s ' Paq MVaNo qq' _ __9_____-- AgeMalt ordinance No. eB-1 o 0AIL--19 '9 ll) It shall be unlawful [or the PV son seplete[ln 6~ applying, or the agents or employs*$ tAsrsof, to solicit funds tar a purpose other than that set out in the registration state- ment or application upon which the certificate of registration or permit was issued- t3) it shall be unlawful tar any person who shall solicit funds in the City to represent in connection with such solicits- tion of funds that the issuance of a Certificate of registration or permit, or an IdentifieatlOn Card by the City constituted an endorsement of approval of tbs purposo• of such solicitation Of funds by the City or any officer or employee thereat- - Sec. 11-143, supervision of child solicitors. It shall be unlawful for any person to use children thirteen (13) years of age or loss for any type of solicitation purposes un- _,,ss said children are actively supervised by an adult Individual at least eighteen 4111 years of age, who is permitted or registered or is the agent of the permittso or reglitres, depending upon the type of solicitation. in all eases the supervising adult shall be within one hundred (100) yards of the child solicitor. See. 11-144. Permit--Orounda for dental. fi. i failure to eowply with any of the provisions of this Ordinance l rn shall constitute grounds for dental or revocation of any permit or S~ certificate of registration sought to be Issued or issues in •ccor- F^ donee with the provisions of this article. Bse. 11 145. barns--APPsal from denial or revocation.' Should an applicant of registrant be denled a permit or certificate of tegistration, or have a permit or certificate of registration revoked, he may appeal that action to the City 4 Council of the City of Plano by submitting a letter to the City j.'. i. Secretary within ten (10) day of the action complained of, A , hearing on the denial will then be ecA+meeting ofattAsgCity m oting Of the city council, or a special i~ Counell, to be hold within fifteen (IS) days of the +pNi1 the I11 t.y.yF' City Couneil shall render a decision on the appeal within one 14 ~~A'7. ` 4 aY Ly. ' y x ~d1'S f 4:Cq„.Ye I MRw!~ Ordinance No. _aa-1-e Page laQBllQaht0 Ageedalt day of the date of the hearing. Such hearing still be an SUWON I0 tcbtivs hearing. Adhsrenes to formal rules of evidence shall not be required. The decision of the City Council shall be final. i sec- 11-146. Sale of merchandise on public tight-of-ray. It shall be unlawful for any person, to peddle, solicit, sell, offer for sale, or exhibit for sale any merchandise upon any public sidewalk, street, atroat right-of-way, parkway, or other public right-or-vsyi except that it to lawful for any i person to peddle, sell or offer to melt food products upon any public sidwalk, street, street right-of-way, parkway or other public right-of-way when such person has previously obtained a permit therefore from the City's Director of Environmental Health. Us provisions of this section notwithstanding, no person shall peddle, solicit, 8011, *Mr for sale, or exhibit for sale any food products upon any publio sidewalk, street, street right-of- way, parkway or other public right-of-way within one thousand 11000, feet of any public or private elementary or sseoudery j school botwoon the hours of 700 a.m. and 400 p.n. on days when ouch school to in session. The measurement of the distance shall be made from the Merest property line of the public or private elementary or secondary school. } Soc. 11-147, Affirmative defense. It shall be an affirmative defense to prosecution under this article it the parson occupying the public right-of-way for the purpose of selling newspaper or publications or other printed material which deal with the dissemination of Information or a, opinion} however, this defense is not available it said act oc- curred upon the paved surface or shoulder of any public street, highway or road. See. 11-141. Itinerant Vendors on Private Property. + No person shall Intermittantly occupy any privately owned property, hie own or another's, for the purpose of vending goods or Services within the City Without havlno previously obtained a temporary sales permit therefore from the Code Enforcement Depart- r 9 NY C r ardinanee Mo. t1.1-9 M • aNo ~ ment. The applicant for a permit shall hay to the City orAWdaN a permit fee of 11!.09 prior to the issuance of the ponwitodn"t permit foe required by this section shall not be royulred of 2 v8 7 locally based charitable organizations or organizations engaged in acts including, but not limited to, bake sales and car washos. the applicant shall have such permit within his personal posses- sion during the time that he to vending such goods or services and shall display it upon request by any police or code enforce- went officer of the City of Plano. A permit requested under this article shall be issued for the longth of ttme requested, not to exceed elk fit mogths. Such permit shall bo iesued by the Depart- ment or Code Enforcement only after the applicant ha„ complied with the following requirements. il) The vendor In conducting his business on the property In a manner which does not violates any code of the City. Includ- 1119, but not limited to, the building, zoning, health, electrical or 11umbing codes and 12) The vendor possesses a valid State Sales Tax Certificates and I1) The vendor has a lease or written permissioh from the owner of the private property to be on the property. Sec. 11-349--11.160 Reserved. DIVISION 1. CHAR17ADLE SOLICITATIONS : ' .gt sec. 11.161. exceptions, a` S The following are excepted Cron the operation of this divisions 111 The solicitation of fundm Car charitable purposes by any organization or association from its members! i k s Its The Solicitation of funds for charitable purposes by y M 1i a person who" such solicitation aceirm on petalsos q owned or controlled by the person soliciting funds or y P. with the permission of the person who owns or controls fie the premises, when previously Invited to the promises tr for solicitations e ~ % ~ff , Y•YIYI,~ A PoendaNo AH ordinance go. 19-1-9 r1 Agandalt s~ J le~sm chau / (3) The Iasaence Of any announcement or Advert charitable solicitation will occur or which announces U~ qp~ 7 or advertises an event at which Ynannnunced eharltahle solicitation will occur. see. 11-161. heyistratlon statement. I 10 All persons desiring to solicit (undo for charitable 1 purposes In the City shall ills with the City Utility Milling/Tax Collections Department, a registration statement, on forms pro- ~ i~ vided by the City of Plano, containing the following informations ill The name of the person registering and desiring to solicit funds for charitable purposes. O1 Whether the person registering is a natural person, partnership, corporation or association and, e. If s natural person, the business or residence i addroam and telephone number moat be given. b. It a partnership, the names of all partners and the principal business address and telephone number of tech partner most bas given. j'. e. if a corporation, the person registering rust state fIf whether it is organised under the laws of the state of Taxes or is is s foreign corporation, and must show the mailing address, r boO nses locatlon, telephone number, name of the individual in i ehaega of the Plano office of such corporation, if any, and the ` names of all officers and directors or trustees of said corpora- . njtion, end, if a foreign corporation, the place of incorporation. r<+ = d. If an associate, the registration statement shall 'T show the associstion'a principal business address and telephone AS` number, it any, and shell show names and principal business or 3i 'F residence addressee and telephone numbers of all members o: the association unless they exceed tan ill) in number, in which ease ytg i+ the application shall so state and the person registoriny may y alternatively list the names and principal business or residence addresser and telephone numbers of the olfieere and directors or trustees of the associationt if the association to part of a multi-state Organisation or assoeiation, the mailing address and i a;9~ r h` t,' ••...+AUOn..v~nuvrs.rwt»arw~~~+^^'°`^" - " t r t a dflk 7,y 41 ~ a rc ~dN'4y Ordinance No, 31-I~' R ApPne~Nc qtr • y business location of its antral office shall be given, 1gOBQf1~ S "On to the Walling address and business leeatlon nt I(Bre -qy office, ~L4 (3) The names, maill% Address and telephone number of all individuals who will be In direct charge nr control of thu soliel- tation of funds. (e) the time period within which the solicitstion of funds Is to be made, glving the date of the beginning of solicitation end Its projected conclusion. ISl A description of the "thods and means by which the Solicitation Of funds is to be accomplished. (a) A statement of all facts relied on by the applicant to Justify the Solicitation to be for charitable purposes, (7) A statement to the effect that it a certificate of roglatratlon to granted, such certificate will not be used or represented to be an endorsement by the City or any of Its officers or employees. (4) Any ether information which the City of Plano deems necessary for the administration of this article. (b) the registration statement must be signed by the appli- cant, If the person registering is an Individual) if the person registering is • partnership, by the partner charged with dis- bursing funds sollcitedl if a person registering Is a corporation or an assoelstion, by Its officer charged with dlebursing the funds solicited, the Individual Signing the registration statement shall sign the Statement and avasr before an officer authorised to admin- ister oaths that he has carefully read the registration statement and that all the Information contained therein is true and correct. " K , St z,~ ;A rf fcl Information provided by applicant in Accordance with the f Ott provisions of this section shall be subject to verification by the plane pones Department. ltvety registration statement shell be accompanied by a regis- tration foe of twenty dollars (stO,oo) to compensate the City for V 15 „ 7 the cost of administering this article, and such fee will not he j; P~ refunded It a certificate of registration Is not Issued, Nowevsr, such registration (so of twenty dollars 1120.001 shell not be i t K1 & *!y I Wall F r r ordinance No. 60-1-9 QY required of duly author hod, non-profit charitable urganitIM1ON4111/ 09 reylaterod as such with the Secretary of State for the 6t1we Texas. Sec. 11.166. Issuance of certificate of registration. After a review of the registration atateea nt to determine its compliance with section 11-162 above, and, within ten 1101 working days of the receipt of the registration statement, the City Utility Billing/Tae Collections Department shall either lesub a certificate of registration, as provided in section 11-162, or notify the per- son registering that the registration statement does not comply with the raquirs.%onts of section 11-162 above, and opeciticslly point out what information or explanation has not been furnlahed that is required before a certificate of registration can Qe issued. set. 11-165. Yorm of certificate of reyietration. The City of Plano shall prescribe the form of the certificate of registration. Bach each certificate of registration shall be printed in black except that the following shall be printed proml- nently thereon In We "The Issuance of this certificate of registration is not an erdorsement by the City of Plano or any of Its officers or employees." tech certificate of registration 1 shall bear a registration number which is the some as the file { containing the registration statement filed by the registrant. Boca 11-166. Solicitor's idaatification cards. The City of Plano shall proscribe the form for identittcatlon cards for solicitors. tech such Identification card shall bear = a the nave of the person/organitW on registering, the registration nKl~ t i t • - number, the ammo of the solicitor or agent, the expiration data of the certificate of registration, and it shall have printed prominently thereon In rode 'Shia ldenlttleatlen card Is not an ii endorsement of the solicitation by the City of Plano or any of li}e its offieare or employees. It is your duty to verity all lnfur- e{ Nation given to yrru by this solicitor." rc Y "4~., N?,rug, •Y~ W1 t It K'fRf.l~ 1 i ordinance No. -Lk-1.:- see. 11-167. Expiration of certifloates of registration A'tWidentification cards. oete 6vory certificate of registration issued by the City of Plano -1 and every Identification card shell expire at the termination of the solicitation period specified in the registration statement of I it { one (1) year from the date of issuance, whichaver is less. See. 11-160. Puhlic disclosure. i1 All registration statements whethsr or not ■ certificate of registration has been issued, shall be a ln+hlic record and shall be available for inspection by members of the public during regular business hours and Copts may bo obtained at cost. i Sec. 11-169. Charitable solicitation on public rights-of-way. Persons holding charitable solicitation permits issued under the provisions of Division 2 of this ordinance may conduct ehacl- table Dolleltatinns within and upon public rights-of-ray within the City subject to the followings (l) No such charitable solicitations shall be conducted upon or within the tight-of-vay of any street or road designated by the State of Texan as a state highway or farm-to-market road. (21 Such charitable solicitations shall be corA ucted only s during hours of daylight and shall be conducted no mo:a than ono consecutive twenty-four hour period ssch year Par organization. {3) No person younger than 10 yarn of ago shall conduct any solicitation In and upon public rights-of-way. F 1 I (1) Applicants for a charitable solicitation permit Who contemplate conducting any solicitation in and upon public rights- tk.'r of-way shell, prior to conducting any such solicitation, furnish ' t M3 the city with s eortlffats of insurance complying with standards "yet established by the City,s Disk manager. V(5) All orilanisations and persons conducting such charitable solicitations shall execute a waiver of liability in favor of the City on a form prepared by the City. Sy-.,161 tech oryanleation conducting charitable solicitation in 1 wy ~5v 0 and upon Dub1lo eights-of-way shall M signato s person to he M nM yy a-r+rq i ordinance No, 80-1-9 Agenda No a t~ r Agendalt charge of and responsible for Mach Intersection and/cpalpostlo or public right-of-vay upon which such solicitation is to us 7 ~conducted. 171 All persons conduct ing.such solicitations shall, at all titres during which the solicitation is being Conducted, war l traffic safety vests. Bee. 11-170-I1-160. Reserved DIVISION 3. NONCHAAfTAaLE AOLICiTATIM I Sec. 11-111. Exbeptlon, y The provlelons CC this division shall not apply to a person engaged in charitable solicitation and holding a certificate of registration as provided for herein, see. 11-111. Application for permit, (a) Any person desiring to make hone solicitation trans- actions within the City shall file s written application for a permit to do ■o with City utility Billing/Tax Collections Depart- mart, which application shall show, III The name of the person applying and desiring to wake home solicitations. i11 Whether the person applying Is a natural person, f partnership, corporation or association, and a. The business or residence address and tale- ` phone number of the applicant. D. if a partnership, the names of all partners r, f ~~+1' and the prlnelpal DuelhNS address and telephone number of each F ' A partner* ' i 3 a , of it a corporation, the person applying shall N1 state whether it is organized under the laws of the State of ~ Texas or is a foreign corporation, and wust show the mailing address, business location$ telephone number, name of the indivl- dual in charge of the plane office of such corporation, if any, ; and the names and addresses of all officers and directors or ~'•w~11MRirl.'R.~Ad{3i'L1M,M:~MpI+~y+'.w..-„« _ .._....,.K~y; - 'C~: +a h9 L 1 µpeMaNo ordinance No. 1 -p.. AgeWsll ' trastasa of said corporation, end, it • WOW corporation ee s n u M. plats of incorporation. J d. if an association, the application shall show the association'$ principal business address and telephone number, it any, and shall show names and principal business or residence addresses and telephone nusbers of all members of tho association unless they exceed ten (10) In number, In which ease the applies- tion shall so slate and the person registering may alternatively list the names and principal business or tesidonce addresses and f r telophone numbers of the officers and directors or trustees of f the association, It the association is • part of a mult!-state . organtsatlon or association, the mailing address and business location of its central office shall be given, In addition to the mailing address and business location of Its local office, 5 r~ II) The nastee, mailing adJCe*e and telephone nun,l,et of k ■ll Individuals who will be In direct charge or control of the z solicitation of funds. I41 The time period within which the solicitation of funds is to be made, giving the data of the beginnning of solici- tation. and Its projected eonolusion. IS) A description of the methods and suns by which the solicitation of funds Is to be accomplished. f (S) The names of other communltiss In which the appli- ~ e cant has mods home solicitations in she pane (61 months. 0) the nature of merchandise to be sold or offend [or sale or the nature of the Services to be furniebed. r ' lit) Whether Such applicant, ►pon any such order w sly;, , obtained, will demand, accept or receive payment or deposit of s' tP „~tt money in advance at final delivery. ,4 7`+•,' all A statement to the effect that it a permit is grantod, each permit will not be used as or represented to be x ~ an endorsement by the City or any of its officers or employaon• ; + t (10) Any other information which the city of Plano z t q, F ` dual necessary for the sdminietratlon of this oedtnane+. ~s, # Cu 41 ar"'W J, ty ~ ~YTy , ` J S 1 ~ S„ ~3'' A~..^,n++►4Y.WMY~Y'~fav.wrY+Na-w.rw...-.a.. . n..e..,._.«..y4~ f` ~ 5J r /YM ty F , ~ ,r ~a~• ordinance No. 11-1.9 ~endaNO tb) Sho application rust be mignod by the .ypuaanc,~~ehe N!.~g ~-~`T person applying is an individuals if the person applying to a 3S~ 7~1 ~ partnership, by the partner charged with disbursing funds so- "(J Iloiteds If the person applying is a corporation or an aesoola- tion, by its officer charged with disbursing the funds solicited. 3 The individual m)gntnu the application shall sign the application 5 i and swear before an officer authorlpt7 to adminlstor oaths that he has carefully read the application ana that all the information contained therein is true and correct, le) Information provided by applicant shall be subject to verification by the Plano Police Department. (dI Such application shall also show satisfactory written proof of the individual's authority to represent the company. to) The application shall be accompanied by a fee of twenty dollars I420.00) and no permit hereunder shall ho Issued until much fee hoe boon paid by such applicant. In addition, a one dollar (41.00) per teontlficatlon cud fee shall be charged. Sec. 11-11I. Exemptions from permit tee. The permit fee required by this division for the issuance of a Permit under the provisions of this division shall nc,t be ' required of the following, (1) ordinary commercial travelers who sell or exhibit for j sale goods, wares or morthandise to persons selling and dealing in the same within the Cityi (7) Persons offering for sale agricultural products. memt4s poultry or other erticiss of food grown or produced by ,j such personsi p t 1)) Individuals operating under licenses granted by a state a Y6 4 agency. Xdti ~ Soo, 11-111. Penh ialusnoe, duration and form, is) A permit applied for under this article shall be issued k r k'~ V by the City Utility WIIIIng/Tox collections apartment within ten 1 1101 business days after the application is completed and filed, r„ unlems it Is determined that the applicant has provided false or Incomplete information on its application. L` . 'rr ' .~'w.►~eur►wrauwawtrowcrv.erm*.,,.:.r:,........:.•........ a'L *7-, i K N~ L ~ AeSeMy Ordinance No. 66-1.9 4oenddNo-_____ (b) A permit r ;vrsted under this article shsli b,4fm*jb for the length at time requested, not to exceed sir 161 We - - -FZG (cI The City of Plano shall prescribe the form of the 3 60% 74 permit. tech such permit shall be printed In black exempt that the following shall be printed prominently thereon In cedi 'The issuance of this permit to not an ondorsmruent by the city of t plena or any of its otLleexe or employees.' tech permit shell ' V beer a permit number which is the same as the file containing the Ij application tiled by the applicant. Soc. 11-163. Solicitor's Identification cards. (a) The City of Plano shall prescribe the form for identifl- cation cards for solicitors. Lech ouch identification card shall II «.c bear the name of the applicant, the application number, the name i of the solicitor, or agent, the axpitation date of the permit, and and it shall have printed prominently tharoon in red, "This Identification card Is not an endoraewnt of the solicitation by the City of Plano ox any of its officers or employees. it Is your duty to verity all information given to you by this Sollattor.' The applicant shall provide, by a separate list, the names and addresses of all agents or employees for whom identification ' cards are to be Issued, j $ec. 11-166. Public disclosure. Y All applications, whether of not a permit has boon issued, shall be a public record and shall be available for inspection by members of the public during regular business hours and copies I. may bo obtained at cost. f See. 11.197. Ishlbiting card prohibiting solicitors. _ 6l to) A person, desiring that no merchant or other person 1" a engage in a home solicitation at his residence, shell exhiblt in r~' a conspicuous plot* upon or near the main entrance to the rest- t" dance, a weatherproof card, not lets than !?free lneAsa by [our Inches In miss, containing the words, 'NO SOLICITORS.' The letters 31!Vyl shall not be less than two-thirds of an Inch in height, a r 'yF qS,7 s.,. r. , q'4 t ,t a y rr~ {pr„ , G; r ApendaNo q Ordinance No. w„y~ Apendalt s ''Z (b1 Svery Pershant upon going onto any Pramieee upon whiale • residence is located shall first asamins the residence to deter-3 7q mine it any notice prohibiting soltciting to sthibited upon or near the Pain entrants to the residence. if notice prohibiting soliciting is exhibited, the Parchant shell 1Ksediately depart from the prePisea without disturbing the occupant. unless the ~ t visit is the result of a rogoeat made by the occupant, ,j Ice No person shall go upon any residential promises and 1 ring the doorbell, or rap or knock upon the door or create any sound in a Pinner calculated to attract the attention of the iii occupant of the residence, for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a ~ heat solicitation transaction, It s card as described in Sub- section (e) above is exhibited in a conspicuous place upon or nosy the main entrance to the residence, unless the visit Is the . 3 result of a request by the occupant, (d) No person, other than the occupant of the residence, shall remove, delete, or render illegible, a card placed by the occupant pursuant to Subsection (a) above, to) Any "reheat who has gained entrance to a residents, or audience with the occupant, whether invited or not, shall taros- dielely depart from the promisee rithout disty:Areg the occupant further whom requested to leave by the occupant. Sees, 11-1Ee--1a-200, laserved. 'G Seetton 1i1. penalty. o w Any violation of any provision of this article shall be punioMd by a line not to exceed rlVS (IUNDAED DOLI.ARS (4500.00)4 i X i (tii and each day such violation shall continue shall constitute a sspa- ` ~j✓.' r,~ rate offense, 1M~ k ",j y tion,-Lt., savorability ^Y ti. It any provision, station, subsection sentence, clause or phrase of this ordinance, or the application of same to any person it { or sot of circumstance is for any reason held to be uneonttttu- G~+ ~ tional, void or invalid, the validity of the romaining portions :r r rr~ {k ~^~'IINM'LM4fiARR:SWf.~•.sa Y- ► Ordinance No. If-1-1 /~g~INO._.~L~ of this ordinance or their application to other per a or is of circumstances then not he stiwta6 thereby, /t~tlan g he O n 'M intent of the City Council in adopting this ordinanes that no 3 portion thereof or provision,. or regulation contained hereins shall become inoperative or fall by reason of any Oncnn.7titutten- ality of any other portion hereof and 411 provisions of this ordinance are declared to be severable for that purpose. r sectl~ o____n V,: This ordinance shall become effective upon its passage and publication as required by 1a, DULY PASSED AND APPROVED by 1116 CITY Cou"m of THE My or ?LW, TEKAB, TON 111E 11th or January 1917. Jae Harvard, YOM ATTEST l i c "0 a s y, l 1lif4 APPROVED AS TO PORMi Y TT0 ; ,w cry am 1' A Imo-" , 1 ~ EMI of 1, !Y ~ N 9 y ~ YJ.l,1 /ahp:~Y~+ M fr ,Is . ~ 1 h Y cXY; Y c r ~ r r-r.vwy y l u ie agendak Z PEDDLERS ANT 50T.TCITORS -Agendalle 3 y See. 20.38. Use of thoroughfares for sales and soliciting. Date It shall be unlawful for any itinerant vendor, merchant or peddler, including these ex• empted in section 20.33, to cell, otter for sale, cr exhibi t for the. purpase of taking urder5 fur ale therefor, anv goods, wares, merchandise, services, photographs, newspapers, maenrinr;, rarm produce, poultry, stock er agricultural products in their natural state, or ony other personal prn:wrty, or to solicit charitable contributions on or along the sides of the public ~Ireeta or tliF city; provided, however, a person or organization may solicit charitable contnbuticn= on rcad- ways so long as tLey do not Impede the lawful traffic on the mitdway and so loop as such pcrsor. lim previously applied for and received a permit to do to by the office of the city secreta_r garsuant to section 20.38.1, of this article and so long as such persca has a copy of such permit prominently displa`ved on his person. Ord. No. 3858, 11, 9.24-8b; Ord. No. 4918, ¢ 1, 10.1.91) Sec. 90.38.1. issuance of permits for use of roadways to solicit charitable contribu- tions. W An applicant for a permit to solicit charitable contributions while etand ing in a roadway shall We an application in writing with the office of the city secretary not less thin th ny ..31? days beforo commencement of the activity, and may not commenrp such activity until such 1 time as the pertnit has 1x+en issued by the city secretary. )b) The application must contain the following information, (1) The full name and address of the person of organization applying for the permit sad the address of the headquarters is the city. If the organization Is a chapter er ateir affiliate of as organization having its principal office outRide the city, the name and address of the pareut organization, and any local agent. 12) A description of the purpose for the solfeitation, including a Iiatiug. NItL sddr•rsses j and phone nwabers, of which persons or organizations are to rncoive the fund:c col- lected by the mlieltation. i31 A description of the method or methods to be used in conducting the activity. (4) The period within which the activity will be conducted, including the proposed dnros for the beginning and ending of the activity. f5) If the applicant is a charitable corporation. a copy of its charter nr articlrs nf inecr• poration kra its state of Incorporation. If the applicant to a foreign charita! le cor- poration, a copy of its certificate to do business in th1W state. e) A ttatemant disclosing each conviction of a crime amounting to a felony or a nsisdr- meanor involving dishonesty of the Applicant, any person in charge or control of the activity, or &AY officer, dirur.•tur, trustee or spot of the applicant. 17.1 The applicant shall aitn an affidavit stating that at Iew. t seventy-fives i 3i per can, of the monies collected by such charitable solicitations shall be umd for the direct benefit of the stated purpose or pnrpuYeY of the solicitation. Pop purposes of chi: SOP NO. sr 1318 .y?1 ; <t Y'Awl Flhi•~^'.y t~ Cy. " • sy■aF r , r 4 1 3r i ie 4Q8A~8N0 U W P EDDLERS AND SOLICITORS -Agenda1d r. Sec. 20.38. Use of thoroughfares for Bales and soliciting. Nit 1: shall be unlawfbI for any itinerant vendor. merchant or peddler, including those ex- rmpted in secticn 20.33, to 6e1L offer for sale, or exhibit fnr thr. purpose of tdLng unleri fur sale therefor, any goods, wares, merchandise, services, photographs, newspapers, mAgwinr farm rduev, poultry, stock ar agricultural products in their natural state, or any other personal ,iropeM-, nr to mlicit charitable contributions &a or along the side of the public stretts of the city; provided, however, a person or organization =y solicit charitable contribution= on rced- ways vu long as they do not impede the lawM traffic on the rvcdwsy and so long as such person h" previously applied for and received a permit to do so by the office of the city secrets--v lursuant to section 20.381, of this article and to long as such posers has a copy of such permit prumiaently displayed on his person. Ord. No. 3856,1 1, 9.24-8•i; Ord. Vo• 4916, 1 1, 10.1.911 See, 2038.1. Issuance of permits for use of roadways to solicit charitable contribu. Hotta. (a) An applicant for a permit to solicit charitable contributions while standing in a rradw ay shall ft le an appliestion in writing with the ufrrcr of the city secretary not Icss thah thirty 'JO, days before commencement of the activity, and may not enmmonrP such activity until such time u the permit hw been issued by the city secretary. 1bi The application must contain the following information: 11) The full name and address of the person or organization applying for the permit and the address of the headquarters in the city. If the organization is a chapter or other affiliate of an organisation having its principal office nutside, the city, the name and address of the pareut oritanitation, and any local aVnt. M A description of the purpose for the solicitation. Including is llstinx, with addressor and phone numbers, of which persons or organizations are to rary{ve, thr fur& ccl• ]acted by the solicitation. W A description of the method or methods to be used in conducting the activity. (4) The period within which the activity will be conducted, including the p-opos,ed dA!o.R for the beginning and ending of the activity. rgl It the applicant is a charitable corporation. a copy of its charter nr articles; of itcor• potation ikom its state of Incorporation. ]f the applicant Is a foreign charitable cor- poration, a copy of its certificate to do business in this elate. 61 A statement disclosing each conviction of a crime amounting to a felony or a misde- ta meanor involving dishonesty of the applicant, any person in charge or control o! the activity, or any officer, director, trustee or agent of the applicant. d i The Applicant shall Men an affidavit stating that, nt lemt seventy-rms 73, Per cent of the monies collected by such charitable solicitations shall be nrr-d for the direct beneflt of the stated purpose or purposes of the solicitation. ror parpoees cf this :upp. No. a 1319 rv'YVAIYAYI4 . F .,"A:.. .{4l•r.'1.:'... M1 u fl F I n ' t fem... wrva~ t 1P•3$.1 GRAND PRAIRIF- CGDE1 101E - rSL_o~,, 40 section, the term "thsdirecchenefitnfthegated purpose orpurpos?oofthetoL'citatiun' 3 shall meet funds expended directly for the specific purpose or purposes which the i person or organization states in its application, but nut including fundi eypanrlvti fnr i overhead, management and administration, and other items not specified in the ap- plication. +91 Whether contributions to the applicant are tax deductible, the imxtent to which ctn. tributions are u deducible, and. if the applicant has expressly been granted tax. i exempt stoma by the U:Stcd States internal Revenue Service, proof of that status. (91 An exstivted copy of a hold harmless aad indemnification s"meat prepared by the office of the city attorney, along with an insurance policy evidenvA by a ce: of cite of insurance by an insurance company licensed by the Texas State Board of insurance insuring each of the pareteipants in the solicitation both for injuries to them,celve s and other:, with the city named as an additional named insured, %it' a the pchq• limits of the insurance policy being in an amount of at least one million dollars 151,000,000.00! per person, five million dollars 0,000,000.04) per occurrence, and nna hundred thou. sand dollars ($100,000.00) for property damage. 'c1 The fee to be charged for issuance of such permit to conduct such activities on F.sblic thoroughfares shall be twentyGve dollars 1525.001, plus the cost of preparicg individual per- W! s to be displayed by solicitors. r (d) Aft— a review of the application and collection of the appropriate fee, the city itcre- tary shall awe a permit for the activities permitted in section 20.38 of this aricin Snch permit is to be prominently displayed on the person of the applicant or, in the appropriate case, on the pemn of applicant's employee er agent when conducting the activities permitted in section 20-38 of thllarticle. (a) The city eectetary shall lsave thirty (301 days to issue or deny issuance of the permit. If the city secretary fail: to issue the permit within thirty 10) days, it shall be considered denied, If the information contained in the application is determined by the city secretary to be either false or ir -arnpiew the city secretary shall deny the permit. Any person aggrieved by the denial of the permit may appeal such decision to the city council within ten ,10! days of the detdal. (fl All permits iuued pursuant to this section shall be valid for not more than three •3 fpedRc days within a period not to exceed thirty (30) duy,i. An applicant shall be allowed only e k two (2) such pauqu per calendar year, tg1 Activities permitted in section :0.3S of this article shall be prohibited prior to 9-of M. atul after 9:00 p.m. of any day, Monday thrnugh Saturday. and shall be prohibited at any i time on any Sunday. r, N Activities permitted in urtinn 20 A of this article shall no` be allowed by any rertun under the ale of sixteen 1161 years. toed. No. 4916, i 21 10.1.91! F\ Sapp Va. st 1320 F5: `I r 1 S .yet qY - r ~,r e ,t r t j'; pw r ! • , Y"e fi~ i p 3 6 2 ~gendaNo~s~=1- City of Denton City council Minutes 1g9nd~118 S Z October 12, 1993 p~F r y Page 5 0$ .1 The a.charitable council solicitatin ordinance n and gave staff hold a discussion regarding city Attorney Drayovitch stated that at the last meeting in August, Council directed staff to study an ordinance regarding charitable solicitation and prepare recommendations for Council which would allow charitable solicitations from the roadway. The draft ordinance included many of the items of concern as expressed by ` Council. The ordinance provided for proof of charitable status, required safety vests to be worn by the solicitors, indicated where the solicitors were to stand, and included provisions for indemnification and time and place restrictions. A map had been included with the back-up materials which indicated the main thoroughfare plan. other provisions which were discussed for the proposed ordinance included a requirement that to applicant not have a previous criminal history, application roof thati a by proof of insurance and a provision requiring p certain portion of the proceeds solicited would be going to a charitable organization. Staff had written Council a memorandum regarding actions which had occurred in other cities with those types of provisions. The ordinance provided that in case of an appeal to the Council of a denial of a permit, if council affirmed that denial, in accordance with First Amendment laws, the City would file legal action to declare the validity of the ordinance. This followed federal constitutional law which indicate that iftan individual challenged the permit licensing provision ordinance, the burden would be on the City to justify why the permit was denied. In the interim the individual must be allowed to do that action. The proposed ordinance also included an age limitation for the solicitors. Council Member Brock asked about the provision on. page three which required that the valid permit displayed on the traffic safety e being City Attorney Drayovitch stated that the permit would be visible for the police enforcement purposes. Council Member Killer stated that the proposed ordinance indicated m. theHehours of that the solicitors could be on the roadway 6 OObetween 7100 a.m. - 9100 a.m. and from 4:00 p.m. the intent of Council was to have the solicitation only during before should daylight read hours a half a hour O after sunrise and nd Perhaps hour ordinance sunset. Council Member Brock left the meeting. a .,C r. ' p WiP I-L~ 7 3b~ City of Denton city council Minutes October 12, 1993 page 6 L4 2 miller stated that the proposed ordinance also did council member Mill not preclude Sundays, Mayor Castleberry stated that the proposed ordinance indicated S nothing about Saturdays or Sundays. day ordinance should indicate Council member miller wfelt ith that the } Monday through Saturday Council Member Parry felt that the proposed ordinance would be a more complex ordinance than the current one. permitting reed indicating that any p city Attorney Drayovitch complicated than the prohibition currently in ocess would be more . process r place, Council Member Perry asked if it would be subject to `mere contention. City Attorney Drayovitch replied yes. requirement of establishing that council member Perry asked it the subject to reining the solicitor was a valid solicitor would be questions on the part of the solicitors. tott the draft was written so tha City tttorney DTequyo the individual •sti q the permit would provide evide co of Hofff the ind be ua lpr for onl tor-profit status. an application ilorn which nwould notivid chock a box o restraint. mayor Castleberry asked for a clarification of the suggested changes to the proposed ordinance. of the week for City Attorney Drayovitch stated that through Saturday and the solicitation would be changed to Monday t would be changed to a half hour after sunrise to a halt hour hours s. , before sunset. to the City if asked about the liability council Member Perry someone were injure xes~ t assid ass of roadway solicitation it the proposed ordinance p r a that the City r rFf,1 ' City Attorney nsible itmow very this wane notlto say that the City was not respo depa would not be ttcKt and money to d ! ndo such ar lawsuit would have to a lawsuit and spend time, • V 6 . ' V f se~ V• M fY W Y/R9 f 364 City of Denton City Council Minutes A A$erdaMo October 12, 1993 b Agandalte~~. ~ Page 7 y3o~ 7~ Mayor Castleberry asked about standing on tho medians to solicit. `s City Attorney Drayovitch stated that an individual could stand on the medians and on the edge of the roadway. The intent was to keep the individuals out of the lane of traffic but this would be very hard to enforce. Mayor Castleberry asked if an individual were on University Drive and were walking from the curb across to the median, would that make any difference. City Attorney Drayovitch indicated no if the individual were not actively soliciting from the roadway when moving to the median. Mayor Castleberry asked about leaning over into the roadway. City Attorney Drayovitch stated that staff had looked at different provisions and this was the best wording. Council Member Miller asked about turn lanes. Individuals would not have access to the center lanes and could not walk between the rows of cars. City Attorney Drayovitch stated that that was the intent but it would be very difficult to enforce. Mayor Pro Tom Smith stated that she did not want the individuals on the side of the road. There were many ways to solicit funds without being a hazard in the roadways. Council Member Perry agreed with Mayor Pro Tom Smith. The current ordinance did not prohibit any solicitation, it merely prohibited it from the roadways. Council Member Miller suggested staff draw up an ordinance and council could then consider whetior to pass such an ordinance. ! Council Member Chew agreed, with Council Member Miller. Mayor Castleberry asked if there were a restriction an the number of times per year an organization could solicit from the streets and suggested Including such a provision. Council Member Miller 6uggested limiting tho number to two times per year. j ("l~ "'T"!'+nvM.tw'[WahK.ywNnwr:....-.. c.N., r 4 1 { f F'P fir 1 t ' .it _ W 01 5 J b 0 City of Denton City Council Minutes A 'gendaNo~ 4 October 12, 1991 4gendall`en~ ~S 2.--- Page 8 ~itE (4 Lt 7LI Chew motioned, Miller seconded to direct staff to prepare a draft o-dinance for Council consideration. on roll vote, Cott, "aye", Miller "aye", Smith "nay", Chew "aye", Perry "nay", anA Mayor Castleberry "nay". Motion failed with a 3-7 tie vote. 6. The Council received a report and held a discussion regarding the proposed road hump ordinance. Jerry Clark, City Engineer, stated that speeding on residential streets had become a major rproblem in some areas. Limited enforcement due to scare resources had not been able to eliminate this problem. The Council had been provided a draft ordinance which was modified from a Dallas ordinance. Staff was suggesting placing test humps in a trial location to see how the provisions would work. Asuggested Bowlig location Green. A before and an ofer e study k area near Parkside and would be done to verity results. 1.a Mayor Pro Tom Smith asked if the area residents were unanimous to try this method. Clark replied that the request and interest was from the North Lakes Homeowners Association. An actual vote was not taken in the 3a vote, adopted in the future by reit t a policy test site it awould rea but Council, do Harrell the e studyt to contact all of the neighbors Council agreed Mannger proceeding. Mayor Pro Tom Sm'.th felt that council would not need a report regarding the feelings of the neighborhood. She would be more comfortable nom ssarily e agrknow of ee with t he proect but did not need everyone to Council "member Cott suggested testing more than one neighborhood. Consensus of the Council was to proceed with the test area. k 7. The Council reviewed Government Services Television Network ' video regarding unfunded federal mandates. Joseph Portugal, Assistant to the City Manager, stated that the National League of Cities in conjunction with the D.S. Conference ` of Mayors and the National Association of Counties and the International City Management Association had joined together to coordinate a national public program to curb unfunded federal mandates. These were mandates from the federal government which i 255 I AgendaNo 9 o LA City of Denton City Council Minutes 4 Agaadafies 2 August 31, 1993r Page 3 [ Data U db 7 LI Mayor Castleberry indicated that he understood thatthe Railroad would wait only 6 months before destroying the building. Robbins replied that he had no knowledge of that. Council Member Chew felt that the station should be included in the proposal for the best charge of receiving the funding. Mayor Castleberry asked about the time frame for receiving the funding. Robbins replied that the funds could potentially be recaivad within 6 months as next year's applications would be due in January 1994. 3. The Council considered a report and the adoption of an ordinance amending the City's solicitation ordinance. 1 Catherine Tuck, Administrative Assistant, statbd at its last meeting council had requested an ordinance relating to this issue. Options for the Council included passing the ordinance as presented, make amendments to the proposed ordinance or ask for further discussion. There were two ordinances for Council consideration. One had an insurance requirement while the second did not. The permitting process would b` through the. Police Department with a 15 day prior notice for the application process. Two solicitation permits per year for three days each per organization would be permitted. The hours of solicitation would be from 7:00 a.m. - 7:00 p.m., Monday through Saturday. An individual would need to be 18 or older and the organization would ~J be required to provide solicitors with safety vests to be worn at all times. The application would include a description of the organization and location of its headquarters, the purpose f-yr the solicitation, a description of who or what organization w:ald be receiving the funds, a description of solicitation methods, the dates for solicitation, a disclosure statement for each conviction of a crime for the applicant or any agent of the applicant, an affidavit that 75% of the money collected would be used to benefit the statRd purpose of the solicitation, proof of tax exempt status, and the execution of a hold harmless and indemnification agreement. E The organization would ale^ be required to provide proof of insurance with limits of at least $1,000,000 per person, $5,000,000 per occurrence and $100,000 for property damage. The approximate cost to an organization for $100000000 instead of $S,0001000 of insurance would be $1,500 fora year coverage or $1,500 for a ons day policy. Many of the smaller organizations probably would not be able to abtain such coverage. Because there was a penalty clause associated with the proposed ordinance, the City Attorney had advised hoc that the ordinance would have to be published in i ONE- J 256 1 City of Denton city council minutes ! aQ911d8N0~ S 2 August 31, 1993 t Agenda 11@ / Page 4 Data L46^4 ]q the newspaper for proper notification. Council MemY:er Cott asked if there were a way to bypass that notification requirement for the newspaper, City Attorney Drayovitch stated that the law did not require the j adoption of ordinance in order to grant an exemption. The State law indicated that no person could solicit in the roadway except that s a charitable organization might stand in the roadway to solicit contributions if authorized by the local authority. That j authorization did not require an ordinance. if the Council repealed the existing ordinance, which was not on the agenda, the Council could grant an exemption if it had received such a request. Council Member Cott asked that if the Council repealed the existing ordinance, could it grant an exemption. City Attornay Drayovitch stated that the exemptions would be granted on a request only basis or have a permitting procedure: Council Member Cott asked about the individnals who held car washes ` on University Drive. if the Council adopted an ordinance with an insurance provision, would they be required to have the insurance. City Attorney Drayovitch replied that if the ordinance were enforced, they would be roquired to have the insurance. Council Member Miller stated that there were two aspects of this i issue. one was the immediate request of the fire fighters which he felt the Council would not be able to move in time for that request. The second aspect was if the Council wanted to repeal the current ordinance. There were court decisions which might effect any decision of the Council and it had been suggested that if the council only allowed charitable organizations to solicit, the provision might not hold up in court. His suggestion would be to keep this a priority item and have staff and Legal provide Council with consequences and recommendations regarding the proposal. He did not want to hurry the process and wanted more information such as how other cities proceeded with their provisions. Council Member Perry asked that if Council maintained the present ordinance, were there any provisions for exceptions. City Attorney Drayovitch replied no. Council Member Perry stated that he vas willing to discuss a proposed ordinance at this time but was not sure if he would be in favor of repealing the current ordinance. He was not sure that the j City of Denton City Council Minutes IQ August 31, 1993 41 *PdaNa Page 5 t Ageadaltsr~..~ W3-j ~ 7N current ordinance was not the best for the City. Council Member Brock stated that the provisions of such an ordinance needed to be studied very closely from a legal perspective and the Council should not rush into any changes. Council Member Chew did not want to study the proposal for an extended period of time but to make a decision as soon as possible. The current ordinance was not being enforced and as a result the fire fighters were being penalized by not being able to sulicit for 1 their charity. He questioned if there were a way to allow the fire fighters to solicit this year. Mayor Castleberry ;tated that there was nothing the Council could do at this point unless it held another meeting before the date required by the fire fighters. Mayor Pro Tom Smith stated that neither of the proposed ordinances were in the guidelines suggested by the Legal Department. She agreed with Council Member Chew that the Council would like to grant a special privilege to the fire fighters but that could not be done. She felt that the City was falling down on enforcing the ordinance and that was a dangerous situation. City Manager Harrell stated that he would work with the Polico Chief and indicate the Council's strong desire that the ordinance be aggressively enforced. The ordinance had been enforced but a greater effort would be made to control those situations. Council Member Miller indicated that he was in favor of proceeding with a draft ordinance for future study consideration. Council Member Brock stated that the Council had not been continuing to discuss this item during the year as Council had voted 4-3 to drop the issue and did not want any changes in the current ordinance. Council was not dragging the issue as it had decided to not consider the issue any further. ~i Mayor Castleberry indicated that the consensus of the Council was that there was nothing it could do at this meeting, that it would continue to look at the issue, to take more time to study the issue but not a substantial period of time and was interested in stricter enforcement of current ordinance. I I 4. The Council received and considered a recommendation from the 191 Committee regarding amendments to the S year Capital Improvement Plan and gave staff direction. M~ Y I ~ F 4' M y : 2 3 2 AQendaNo 3'k-AL Apdalten~~?5 CITY OF DEN CITY COUNCIL MINUTES Aug Date 1O~1 g y_~{ August 24, 1993 r The council convened into the Work Session of the City CounciLbn Tuesday, August 24, 1993. PRESENT: Mayor CasChow, Cott, tleberry; PMayor erry, Pro Tom Smith; Council Members s and Miller. ' r ABSENT: None t `s 1. The Council convened into the Executive Session to discuss the following: A. :,ngal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Considered litigation against the design architects of the Martin Luther King, Jr. Recreation Center. 2. Considered claim of Charlotte Summers. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. E 6252-17 V.A.T.S. the CiThe ty'so solicitation ordin ce report anand hold a d gave staff c direction. Lloyd Harrell, city Manager, stated that State law prohibited solicitation in the roadway. There was a provision that a local governing authority could grant an exception to charitable organizations. The important point to remember was that if Council decided to rant the exception to one organization, then the ~ g exception would have to be applied uniformly to all charitable organizations meeting the requirements. The criteria would be F . uniformly applied to all charitable organizations. Catherine Tuck, Administrative Assistant, stated that the Council Is background information indicated four ordinances from other cities other cities had included s issue. Options which regarding proof of charitybilitY, and time and place liability insurance, thi a regulations. some cities required proof of insurance for the ~ orqanizationf and some required a liability waiver. Some cities _ required some proof of charitabil~as spent. Time documents place required indication of where the :money P Y were included in some ordinances. Some regulations and hours the solicitation to daylight or not on a Sunday. d ordinances limits Length of time was also addressed in some of the ordinances. Miscellaneous provisions included the wearing of safety vests, a' specifio intersections where the activity would occur, and no walking on the roadway. State law would allow the City to repeal the existing ordinance but would bs subject to each individual (at ~ PP 1 Y a.' t ry { X i .r, ...w..a,..uxa....,........ x f ~ I t City of Denton City Council Minutes Iowa No 'C8U ~ August 24, 1993 Agendafte Page 2 ate WT~ 4q~ group requesting permission to solicit. If the ordinance were repealed, staff felt that some type of permitting process would be best in order to treat each organization in the same manner. Council Member Miller stated that an organization would have to meet all requirements. Council Member Brock stated that she would like to see the ordinance changed to allow, under carefully controlled situations, some solicitation of the type suggested for the MDA campaign. Minimal requirements such as obtaining a permit well ahead of time, showing proof of tax exempt status, showing proof of contributions ' going to charity, wearing safety vests, where to stand and solicit j would have to be addressed. Council Member Chew agreed and liked the Lewisville ordinance. Council Member Hiller felt that the following options were importants proof of insurance, proof of charitability, time and place such as 700 a.m.• 7100 p.m., restriction of days to Monday through Saturday, 3 days of solicitation per request with 2 requests per year, specific intersections within the City where solicitation would be allowed, a required 30 day time frame to obtain the permit, a contact person, a description of solicitation methods, and each person on the solicitation drive providing certification of not having been convicted of a crime. i Council Member Perry stated that-he was not in favor of rewriting the ordinance. Permitting charitable organizations to solicit on the roadways was too much of a liability to citizens and to the city. Council Member Cott stated that he was not in favor of a 30 day permit period as the fire fighters would need a permit sooner than that. Mayor Pro Tom Smith felt that it would not be possible to do J anything by Labor Day and agreed with Council Member Perry that she j was not sure she wanted to reopen this issue. Council Member Miller stated that this was the reason he had asked for the information. The surveyed cities did not have many requests for the • past year. University Drive had students solicitinq for car washes practically every weekend. He did not want to rush through the process but wanted at least to see an ? ordinance for consideration. ~h, f 234 Cit; of Denton City Council Minutes ~9AdAd 0114- M LL August zs, 1993 Agendalte s K. Page 3 f1aSe ! Q ' SdO!pb 74 Council Member Chew felt that the current ordinance was only stopping the fire fighters and not students on car washes. Council Member Perry indicated that he was not clear on how the City would get around State law but was not willing to undertake the project. i Council Member Brock stated that all charitable organisations would F be eligible but most would not want to go through the conditions of the ordinance. The restrictions would lower the numbers without discriminating against any organization. Mayor Pro Tom Smith stated that the current ordinance needed to be enforced stricter. Last year the Council had discussed contacting I the high schools, churches and other organizations to explain that this type of activity could not be done. She felt that grgater enforcement was needed. ' Tuck replied that she had met with the high school, the junior high schools, sent letters to churches and the university students. Enforcement was done as a list of priorities. The ordinance was enforced as best as possible. Mayor Castleberry asked if, under the current ordinance, a citizen would step off a median into the path of a car, would the City have any liability. Debra Drayovitch, City Attorney, stated that the City would have no liability at this time. Council Member Cott stated that the ordinance needed to be strong but that this was also a unique situation. He asked for the possibility of having the ordinance ready by the next meeting for consideration. City Attorney Drayovitch replied that their research had indicated that it would be better not to impose requirements such as liability and insurance requirements as a condition for a permit, The Supreme Covxt upheld that that was a prior rostraint where a city or county tried to impose such a condition on granting a parade permit. She would recommend not including such a provision. Council Member Miller felt that this was a different sat of circumstances as a parade permit. ' City Attorney Drayovitch stated that State law did not authorize a ! city to impose any other conditions. It merely stated that a person may not stand on the roadway for charitable contributions err. ~4 ,J - 1 235 City of Denton City Council Minutes q. gpendallem~- August 24, 1993 Page 4 Ikte._.l0 OfA5 q ? 4 G-1 unless a city authorized him to do so. Council Member Miller felt that it would be a good idea to try and impose those restrictions. Council Member Perry felt that such solicitation iiopeded the smooth flow of traffic and created hazardous situations in the city. He k felt it was an issue of public safety and public access to the streets. Mayor Pro Tom Smith asked if a permit could not require insurance an o accident hppnidhat would that do to individual and an s liability r if allowed the City City Attorney Drayovitch replied that she would ask the Council to allow her to defend strongly a ainst such a suit. She felt that it was very unlikely that the City would be held liable in sulk a situation. She had visited with attorneys from the State and had looked at the statute and federal cases regarding the issue. Council would need to word very carefully any ordinance regarding the issue. If the ordinance would allow charitable organizations to solicit on the roadway, it had to be a blanket waiver. If an 4 organization represented itself as charitable it would have to be allowed to solicit. Council Member indicated arlier by Council Member Miller. nce with the provisions Mayor Pro T*a Smith and Council Member Perry were not in favor of preparing Bauch an ordinance. Council Member Chew and Brock agreed to proceed with a draft ordinance with liability and insurance as suggested. City Attorney Drayyovitch stated that State law did not require an t grantaonea voicecvoteotodallowatheheventstonoccurinanca and could ~ p Consensus of the Council was to proceed with a draft ordinance but I! to not rush the process. 3. The Council held a discussion and gave staff direction regarding budget iss;es and budget questions for the 1993.94 fiscal year. Due to time constraints, this item was considered during the J Regular Session under Miscellaneous Matters from the City Manager. it t it rw 1 i r ~ X+} rn s f~ 31 A AgodaNo,q~'03 City of Denton City Council Minutks - September 24, 1992 ~ Apeodalle S Z~ Page 7 Date Wj Perry motioned, Hopkins seconded to follow the recommendation of staff regarding the wastewater rates. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor'Caat1*berry "aye". Motion carried unanimously. 7. The Council received a report and held a discussion on the solid waste rate study and proposed solid waste rates and gave staff direction. Bill Angelo stated that the proposed ordinance provided for a $0.35 i rate increase for residential customers. The State of Texas surcharge for solid waste received at the landfill vas being passed on to both residential and commercial customers in the form of a 3.54 charge which would be shown as a separate item on the bill. He presented Council a handout which detailed the rates at the landfill and the areas of increase. There would be two new fees established. it was proposed that the basic disposal fees at the landfill would remain the same as last year. One new rate would j differentiate between automobile and truck tires. Another fes would be a charge for "special waste" disposed at the landfill. The proposed rate was consistent with the charges at the DFW landfill and reflected the cost of special handling and { administration expenses associated with this type of waste. j Hopkins motioned, Smith seconded to follow the recommendation of the Public Utilities Board for the rates on solid waste. On roll vote, Brock "eye", Miller "aye", Hopkins "aye", Smith "aye", Chow may*", Perry "aye", and Mayor Castleberry "aye". Motion carried uhanimously. Brock motioned, Smith seconded to approve the increases on tires and rpecial wastes. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council received a report and held a discussion regarding solicitations on the roadway and gave staff direction. Catherine Tuck, Administrative Assistant, stated that in 1988 the j council had received an increased number of complaints about persons and organizations attempting to solicit business or charitable contributions from the occupants of vehicles at intersections. Groups and individuals were soliciting on numerous i busy intersections all over the City, causing traffic problems and endangering the individuals collecting the funds. The Council expressed concern with the safety for those out soliciting and for which motorists. In March 1988, the Council passed an ordinance ? i f+r E,I r 1, ~i , i s ~ s r City of Denton City Council Minutes ApdaNo `~-•~G`Z-` September 29, 1992 Page s Agandalteol~4 - Date,~~ 7u prohibited solicitation on any street or roadway or be on or go upon the shoulder or median of any street or roadway for the purpose of soliciting business or charitable contributions of any kind from the occupant of any vehicle. At the September 1, 1992 Council meeting, Alan Hempstead, representing the Cityfs fire fighters, requested an exemption to the ordinance on behalf of the Muscular Dystrophy Association. The fire lighters had requested permission to solicit for the "Fill-the-Boot" campaign. Mr. Hempstead had mentioned two Oklahoma cities which made special provision for the annual Fill-the-Soot campaign despite local ordinances which prohibited solicitation on roadways. Tulsa's traffic ordinance did .iot permitted solicitation trp)m the roadway but their solicitation ordinance appeared to allow it. Tulsa permitted only sworn public safety officers to solicit in roadways for charitable projects adopted by their bargaining agents. The Legal Department indicated that the ordinance should be consistent. Either allow all to solicit on the roadways or allow no ono to solicit on the roadways. Area metroplex cities which allow the solicitation on roadways had a permit process which included various requirements. Debra Drayovitch, City Attorney, stated that any time there was an attempt to regulate the First Amendment rights, there was a good case for litigation. it was very difficult to legally make a fool- proof type ordinance which was not subject to some type of litigation. Council Member Brock asked about the Tulsa law which allowed only sworn public safety officers to solicit from roadways. Would this hold up to a court challenge. /f Drayovitch replied that the Oklahoma law was very different and it could have been part of a collective bargaining agreement. Tuck stated that the Council could repeal the current ordinance and follow the State law or could enact an ordinance similar to another city with strict guidelines. i I Mayor Pro Tea Hopk4ns stated that before the current Council repealed the ordinance, members sight want to speak to former 1 Council Members regarding reasons for the initial ordinance. They had been concerned about pedostrian safety and vehicular traffic. She suggested that if the ordinance were repealed, the Council did not wart to be the entity to grant permission for solicitation from the roadway. She felt that everyone should be allowed to solicit from the streets or no one should be allowed. There were many safety issues to deal with when there were individuals on the j roadway. She was particularly concerned with the youth on i v t t 33 , a City of Denton City Council Minutes A gendaNo U"03 y September 29, 1992 C 5. 2 Page 9 gendalle 5y~ University Drive and how dangerous it was. Council Member Perry asked how fully the current ordinance was being enforced. was anyone allowed to solicit on the roadways. City Manager Harrell replied from the permitting standpoint, the F enforcement was consistent and soliciting from the roadway was not allowed. Some groups had started to solicit on the roadway and had been asked to leave. There were times when the police department did not give a high level of enforcement to this event especially on events such as car washes on University Drive. If council did not repRal ordinance, staff would do more enforcement of the provisions to not solicit on the medians and would even visit the high schools to talk with groups regarding the provisions of the ordinance. Council Member Chew suggested talking with university students as well as high school groups. 1 City Attorney Drayovitch stated that a procedure could be developed which would not include the council's granting of permission to solicit in the roadway. The State statute allowed a local governing body to autt.arize solicitation of charitable contributions. Her opinion with respect to free speech and First Amcndment rights would be, if the Council desired, that pursuant to the State statute the Council authorize solicitation of charitable contributions. Mayor Castleberry asked what was the City liability in this matter 1 such as someone stepping off a curb and into an oncoming car. City Attorney Drayovitch replied that if the City were sued, it would argue against the City's liability but that could be challenged. Council Member Perry asked if there had ever been a fatality or injury in the City due to solicitation from the roadway. Al Hempet4mad replied that there had been none documented in the 10 years the fire fighter organizations had been working for MDA. a Council Member Perry replied that he was referring to everyone who k; had solicited on the roadways and not just the fire fighters. Council Member Smith asked Hempstead if he had investigated other Possibilities for solicitatiog contributions rather than on the j f ; streets. r ' I I City of Denton City Council Minutes A ~at;dANe September 29, 1992 Ag9e4alt9 Page 10 tote 554 V4 Hempstead replied that they had looked at other methods but that there was no other way to receive the same dollar amount as on tho streets. Previously the fire fighters had raised more money on the streets than in a shopping center. 3 Council Member Miller stated that the fire fighters would use good judgement when going out in the streets but others might not. If a fire fighter came to a car, the occupant might be more inclined to donate but might not be so with others. Julie Shook, Denton MDA, stated that Oklahoma City and Tulsa raised a lot of money for the event in a weekend. There was not another type of event which would raise the same amount of money in a weekend. Joe Dodd asked if the requiring of insurance and the filing of a waiver would eliminate the problems. City Attorney Drayovitch replied that there were certain problems with the enforceability of waivers. With the invalidation of an ordinance there might be attorney's fees for the other side to , consider. Bill Burger, MDA, stated that the $1 million insurance policy would cover any attorneys fees. MDA was willing to work with the City in regards to a waiver of liability, limiting the solicitation to certain streets, limiting hours and days. Nothing had over been documented for accidents tor injuries associated with the MDA E program, Council Member Miller asked if it would be possible to direct staff to draft an ordinance detailing who would be able to solicit from J city streets. Council Member Perry asked who would chose, who would be able to solicit. He was not saying that the fire fighters could not solicit in Denton, he was asking them to use a different approach. He was hesitant to exclude some and allow others to solicit on the roadways. E Council Member Miller suggested drafting something similar to the Lewisville ordinance. He was interested in how many requests Lewisville had in a year. Restrictions could be made to a point so as to encourage only those who really,wanted to do the event. He suggested a further refinement,of the ordinance and look at it in comparison with other cities$ 1-• n L 1..n Y ' V 41 - i~ A a~d~Nea qw.: aq~ Z. City of Denton City Council Minutes September 29, 1992 Ap10 Page 10 Datd 554 7 y Hempstead replied that they had looked at other methods but that there was no other way to receive the same dollar amount as on the streets. Previoasly the fire fighters had raised more money on the streets than in a shopping center. Council Member Miller stated that the fire fighters would use good judgement when going out in the streets but others might not. If a fire fighter came to a car, the occupant might be more inclined S to donate but might not be so with others. Julie Shook, Denton MDA, stated that Oklahoma city and Tulsa raised a lot of money for the event in a weekend. There was not another type of event which would raise the same amount of money in a weekend. Joe Dodd asked if the requiring of insurance and the filing of a waiver would eliminate the problems. City Attorney Drayovitch replied that there were certain problems with the enforceability of waivers. with the invalidation of an ordinance there might be attorney's fees for the other side to . consider. Sill Burger, MDA, stated that the $1 million insurance policy would cover any attorneys fees. MDA was r.illing to work with the City in regards to a waiver of liability, limiting the solicitation to certain streets, limiting hours and days. Nothing had ever been d.,cumented for accidents or injuries associated with the MDA program. Council Member Miller asked if it would bo possible to direct staff to draft an ordinance detailing who would be able to solicit from city streets. Council Member Perry asked who would chose who would be able to solicit. He was not saying that the fire fighters could not solicit in Denton, he was auking them to use a different approach. He was hesitant to exclude some and allow others to solicit on the roadways. Council Member Miller suggested draftiruj something similar to the Lewisville ordinance. He was interested in how many requests Lewisville had in a year. Restrictions could be made to a point so as to encou-nge only those who really4 wanted to do the event. He suggested rurther refinement of the ordinance and look at it in h comparison with other cities. .y A 1 1 k 1 A City of Denton City Council Minutes ~ ~endeNo S September 29, 1992 A6endaltem~LZ5 Page 11 q 0 ` [hie ~ S 6cj 7 Council Member Smith stated that the bottom line was that the Council needed to decide if it wanted to have any organizations on the streets. Deciding who or what would come next. Council Member Chew was concerned about the fact that the ordinance was not enforced totally. He agreed that perhaps it would be beneficial to look dt other cities ordinances such as Lewisville. Council Member Miller motioned, Chew seconded to direct staff to study other city ordinances such as Lewisville and Grand Prairie to determine how their ordinance worked and their experiences. On roll vote, Brock "aye", Miller "aye", Hopkins "nay", Smith "nay", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote. 9. The Council received a report and hold a discussion on the City,1 position regarding the Fry Street Fair and gave staff direction. Catherine Tuck, Administrative Assistant, reviewed the history of the Fry Street Fair over the past several years as detailed in the agenda back-up. Council Member Miller suggGsted forming a task force now to look at the possibility of holding the Fair on Fry Street. He suggested starting the procass now to make arrangements for the Fair. ~ Lloyd Harrell, City Manager, stated that a policy question the Council mould have to consider was that if the conditions could be negotiated with the Delta Lodge, would it be acceptable to have i this event on Fry Street. If so, he could see using staff time trying to negotiate those conditions. Until that question was answered, there was no reason for staff to start those negotiations. Mayor Pro Tom Hopkins stated that she saw no reason to permit the Fair. This group was not even recognized by the University and was not allowed to use University property or to close a street that North Texas maintained. There were too many people for the area during the Fair and there was no way to get in or out of the area. The area was an area of concern for the police department. If the University did not recognize this group she did not know why the t Council should ~41vo than any credibility. Ono year the Fair was t held at Carriage, Square Shopping Center and they can not return to that area. The Fair did not work out at the Fai=grounds. She was opposed to spending any amount of staff time to work out Fry Street as it was too small for the number of people who attended the event and it could not be adequately policed. i x v % L4 ~gRndaNo..~ City of Denton city council minutes Agda~i~O S mil' September 29, 1992 Date Page it 5647 Council member ton to decide it it wanted to havemany line was that organizations council needed the streets. Deciding who or Nhat would come next. ordina Council Member Chew was concerned Hagreed fact that perhapstit would nbe was not enforced totallyy. . beneficial to look at other cities ordinances such as Lewisville. ler motied Chew aconded to direct staff to Council study other city ordinances such as Lewisville and Grand Prairie to det rmine how their ordinance worked and their o xpSmith c"n .yon Croll hew vote, Brack "aye", Mia "ayemo Motion failed . "aye", Purrs my", with a 3-4 vote. 9. The council received a report and t dFai=find sion o the City's position regarding the Fry gave stqff direction. as d~ ailed iny the T the Catherine Tuck, Fair over the past several years reviewed the Fry agenda back-up. Council Member Miller suggested forming a tauk force now to look at the possibility of holding the Fair on Fry Street. He suggested starting the process now to make arrangements for the Fair. Lloyd Harrell, city manager, stated that a policy question the d be Council would have to consider was that ld iitthbee accept ns tcou o lhave no otiatod with the Delta Lodge, y ble this event on Fry Street. It so, he could Untilethntng staff time trying to negotiate those conditions. question as answered, there was no reason for staff to start those negotiations. Mayor Pro Tom Hopkins stated that she saw no os University and was Fair. This group was not even recognized byto close a atroet thus not allowed to use University property o eo le Sst the area North Texas maintained. There were too many p p during the Fair and there was no way to get in or out of the area. grthe oup shec did department. know why the The area an area of Universit was y did not recognize this for Council should give them any credibility. Ono year the Fair was held at Carriage Square Shopping Center and they can nooreturn o was Fairgrounds. street that area. The Fair di opposed to spending any amount of staff time to worout Fry as it was too small ~ as,~atsly policediople who attended the event and it cowl _'LL 4 F AV I 4apasl ~ AgendaNo q ~ +1 Agendalle CITY COUNCIL REPORT Date i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Draft Ordinance Regarding Charitable Solicitation at Intersections V DATE: August 31, 1993 BACKGROUND: At the August 24, 1993 work session the city Council directed staff to draft a solicitation ordinance allowing charitable contributions in the roadways. The City Council specified various permitting requirements that were to be included in the ordinance. In general, they included liability and insurance information, proof of charitability, time and place regulations, and other safgty regulations. i SUMMARY: At the request of the City Council, the Legal Department has drafted two ordinances for consideration. The ordinances amend Section 25-5 of the Denton Code of Ordinances, Soliciting Business or Charitable Contributions. The first ordinance includes a provision of insurance for the applicants. There are blanks left r for the amount of coverage desired by the City Council. The second ordinance does not include any insurance requirements. Persons or organizations wanting to solicit charitable contributions in the roadways must first apply for a permit from the Chief of Police. This application must be submitted at least 15 days prior to the beginning of the solicitation drive. For those who meet the permitting requirements; only two solicitation permits would be allowed per calendar year for not more than throe consecutive days each. These activities will be limited to the hours of 7:00 am - 7:00 pm, Monday through Saturday. Only those persons 18 years of age and older would be permitted to solicit. Additionally, the organization would be required to provide traffic safety vests which each participant would be required to wear at all times. The application includes the following Information: Y . Full name and address of person applying for the permit and the address of the organization's local headquarters or principal cffice outside of the amity 2; I ,t c' I iy ' I AMdaNo TL Agecdalle+►ud 2._ • A full description of the purpose for the(altolicife`t ri; including the name, address, phone number of the pees or_ organization receiving the funds S,./, ~_9 • A description of the solicitation methods sg"O7~ • The beginning and ending dates for the solicitation drive • A statement disclosing each conviction of a c me for the applicant or any officer, director, trustee, or agent of the applicant • An affidavit stating that 751 of the money collected will be used to benefit the stated purpose of the solicitation • Proof of tax-exempt status with the Internal Revenue Service • Execute a hold harmless and indemnification agreement prepared by the office of the City Attorney. The organization would also be required to provide proof of insurance with limits of the insurance at least $1,000,000 per person $5,000,000 per occurrence, and $100,000 or property damage. This ordinance has been placed on this week's work session agenda for discussion. It has been worded such that if the council is comfortable with the existing document it may also be considered at ! the 7100 pm regular session. However, if you have additional questions or wish to study it further the ordinance will be placed s~ on a future agenda for consideration. RESPECTFULLY SUBMITTED, I U L1 V. Harrell City Manager Prepared by3 ~'rr Veronica S. Oglesby ~t Administrative Intern 7 Vin, V r ~b E' t:~~cocs~aAO~saici+.o I:;S~??` CE AL M ENT A~endaNo~~- Agendall9 Date ORDINANCE NO. u "Z! 7 AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 25-5 ("SOLIC- ITING BUSINESS OR CHARITABLE CONTRIBUTIONS") OF THE CODE OF ORDINANCES OF THE CITY OF DENT0N1 PROVIDING FOR A PERMITTING PROCEDURE FOR SOLICITING CHARITABLE CONTRIBUTIONSI PROVIDING FOR A SEVERABILITY PROVISIONI REPEALING ALL ORDINANCES IN CONFLICT THERE- WITH; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF NOT TO EXCEED ~ $500.001 AND PROVIDING FOR AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION I. That Sec. 25-5 ("Soliciting Business or Charitable amended to read as follows of the City of Denton, Texas, Contributions Sea, 25-6. Use of tborougbfares for solicitinq. It shall be unlawful for any person to stand in the roadway to solicit charitable contributions on or along the side of the public streets of the Cityi provided, however, a person or organization may solicit charitable contributions on roadways so long as they do not impede the lawful traffic on the roadway and so long as such person has previously applied for and received a permit to do so by the chief of police pursuant to Sec. 25-5.1 of this Code and so long as such perso+i has a copy of such permit prominently displayed on his person. Ss^CIION Ii. That the Code of Ordinances, Denton Texas, is hereby amended by adding a section, to be numbered see. 25-5.1 ("Issuance of permits for use of contributions") hick section shall roadways read as t follows: cit charitable i sec. 26-6.1. Issuance of permits fAr use of roadways to solicit obaritable contributions. E (a) An applicant for a permit to solicit charitable con- tributions while standing in a roadway shall file an application in writing with the chief of police not less than 15 days before commencement of the activity, and miy not en issued by the activity cief of police. as the permit yr has be i' Y V i• ti V u ' (b) The application must contain the following informa- tion: 3 f r . r ~ r r ~gendaNo.~ 4gendaf,~ 2 late (1) The full name, address, and phone number of the person or organization applying for the permit and the address of the headquarters in the City. If the organization is a chapter or other affiliate of an organization having its principal office outside the city, the name, address, and phone number of the parent orga- nization, and any local agent. (2) A description of the purpose of the solicitation, which includes a list with ad- dresses and phone numbers, of which persons or } organizations to receive the funds collected by the solicitation. methods to be ) usA descrition of the meth or ed in conductsg the activity, (4) The period within which the activity will activity. be conducted, the beginning and ends g the of theo for (5) A statement disclosing each conviction of a crime amounting to a felony or a misdemeanor involving dishonesty of the applicant, any person in charge or control of the activity, or any officer, director, trustee or agent of the applicant. (6) The applicant shall sign an affidavit stating that at least seventy-five percent (75%) of the monies collected by such charita- j blj solicitations shall be used for the direct benefit of the stated purpose or purposes of the solicitation. For purposes of this sec- tion, the term "direct benefit of the stated purpose or purposes of the solicitation" shall mean funds expended directly for the specific purpose or purposes which the person or orqa- f nization states in its application, but not including funds expended for overhead, manage- sent and administration, and other items not I specified in the application. j (7) Whether contributions to the applicant are tax deductible, the extent to which con- tributions are tax deductible, and, if the applicant has expressly been granted tax- exempt status by the United States Internal " Revenue Service, proof of that status shall be provided, if applicable. PAGE 2 A/rM1f ~ XVI} fir,: A ~f VW'. . 1 rr}. r tl ~ ABQA~dNO Apenda~lent.~)s ~ _ We (8) An executed copy of a hold harmless and 7LI indemnification agreement prepared by the office of the city attorney, along with an insurance policy evidenced by a certificate of insurance by an insurance company licensed by the Texas State Board of Insurance insuring each of the participants in the solicitation both for injuries to themselves and others, a with the city named as an additional named f insured, with the policy limits of the insur- ance policy being in an amount of at least dollars } per person, dollars per occurrence, and property damages. dollars for (c) The administrative fee to be charged for issuance of such permit to conduct such activities on public thor- oughfares shall be ten dollars ($18.00), plus the cost of preparing individual permits to be displayed by solici- tors. (d) After a review of the application and collection of the appropriate fee, the chief of police shall issue a permit for the activities permitted in Sec. 25-5 of this Code. Such permit is to be prominently displayed on the person of the applicant or, in the appropriate case, on the person of the applicant's employee or agent when con- ducting the activities permitted in Sec. 25-5 of this { (e) The chief of police shall have fifteen (15) days to issue or deny issuance of the permit. If the chief of police fails to luaus the permit within fifteen (15) days, it shall be considered denied. It the information contained in the application is determined by the chief 1 of police to be either false or incomplete, the chief of police shall deny the permit. Any person aggrieved by the denial of the permit may appeal such decision to the city council within ten (10) days of the denial. ` (f) All permits issued pursuant to this section shall be valid for not more then three (3) consecutive days. An applicant shall be allowed only two (2) such permits per calendar year. (g) Activities permitted in Sec. 25-5 of this Code shall be prohibited prior to 7800 a.m. and after 7:00 p.m. of any day, Monday through Saturday, and shall be prohibited at any time on any Sunday. PACE 3 M n` r£ r~ r c , 7~yi 4r rah ,~ye ii. r v 1 •M1NM~ I ApeeOaNo . Agendaltem -qu.__ Date_ Lo 621 (h) Activities Perm~tteerson under the age of eighteen not be allowed by any person (19) years. { (i) All persons conducting such solicitations sccnductt all times during which the solicitation is being ad, wear traffic safety vests. That if any section, aubsectipn, paragraph, phrase or word in this ordinance, or application sentencedcllaauri. rson or circumstance is held invalid by any court thereof to any shall not affect the of compstant jurisdiction ortion. of lthis ordinance, and the City validity of the remaining p declares it would have ii hereb council of the City of Dent~ede®pite any such invalidity. enacted such remaining portions SECTION IV. That any provisions of any ordinance which may be in conflict with the terms of this ordinance are hereby repealed. That any person violating any provision or this ordinana~ a l~ upon conviction, be fined a sum not exceeding $500.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. c,FeTlo Vi. That this ordinance shall become effective lour- ` tun (14) days from the data of its passage, and the City Secretary a hereby directed to cause the caption of this osdinanca to be nton Record-Chronicle ,n (the official news- published twice twice in the De 10) days of n ta paper of the City Of Denton, Texas, with ` j, date of its passage. , 1993. i PASSED AND APPROVED this the _ day of BOB CASTLEBERRY, XAYOR A ATTESTS JENNIFER wALTER3, CITY SECRETARY BYs APPROVED AS TO FORM ONLY NO`S' CONTENTS DEBRA A. DRAYOVITCH, CITY ATTORNEY " f;, w BY: PAGE 4 r t:\AGOCS\OMD\S0.MOItS.O ?RE~C i : S ORDINANCE NO. v 63og AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 25-5 ("SOLIC- ITING BUSINESS OR CHARITABLE CONTRIBUTIONS") OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; PROVIDING FOR A PERMITTING PROCEDURE FOR SOLICITING CHARITABLE CONTRIBUTIONS; PROVIDING FOR A SEVERABILITY PROVISION; REPEALING ALL ORDINANCES IN CONFLICT THERE- WITH; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF NOT TO EXCEED $500.007 AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ; SECTION I. That Sec. 25-5 ("Soliciting Business or Charitable Contributions") of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: Beat 25-5t Use of thoroughfares for soliciting. It shall be unlawful for any person to stand in the roadway to solicit charitable contributions on or along the side of the public streets of the City; provided, however, a person or organization may solicit charitable contributions on roadways so long as they do not impede the lawful traffic on the roadway and so long as such person has previously applied for and received a permit to do so by the chief of police pursuant to Sec. 25-5.1 of this Code and so long as such person has a copy of such permit prominently displayed on his person. j SECTION II. That the Code of Ordinances, Denton, Texas, is hereby amended by adding a section, to be numbered See. 25-5.1 ("Issuance of permits for use of roadways to solicit charitable contributions") which section shall read as follows: tsot 25-Sti. Issuance of permits for use of roadways to solicit charitable contributions. t (a) An applicant for a permit to solicit charitable con- tributions while standing in a roadway shall file an application in writing with the chief of police not less than 15 days before commencement of the activity, and may not commence such activity until such time as the permit b' has been issued by the chief of police. (b) The application must contain the following informa- tion; . l fry r s e wrr. r. I . u u ~ge~daNo AgaidaItem_U17_# 2 Rate " V4 (1) The full name, address, and phone number of the person or organization applying for the permit and the address of the headquarters in the City. If the organization is a chapter or other affiliate of an organiration having its f principal office outside the city, the name, address, and phone number of the parent orga- nization, and any local agent. (2) A description of the purpose of the solicitation, including a listing, with ad- dresses and phone numbers, of which persons or organizations to receive the funds collected by the solicitation. (3) A description of the method or methods to be used in conducting the activity. (4) The period within which the activity will be conducted, including the proposed dates for the beginning and ending of the activity. (5) A statement disclosing each conviction of a crime amounting to a felony or a misdemeanor involving dishonesty of the applicant, any person in charge or control of the activity, or any officer, director, trustee or agent of the applicant. (6) The applicant shall sign an affidavit stating that at least seventy-five percent (751) of the monies collected by such charita- ble solicitations shall be used for the direct benefit of the stated purpose or purposes of the solicitation. For purposes of this sec- tion, the term "direct benefit of the stated purpose or purposes of the solicitation" shall mean funds expanded directly for the speciiie' purpose or purposes which the person or orga- nization states in its application, but not including funds expended for overhead, manage- went and administration, and other items not { specified in the application. (7) Whether contributions to the applicant are tax deductible, the extent to which con- tributions are tax deductible, and, if the applicant has expressly been granted tax- exempt status by the United States Internal Revenue Service, proof of that status shall be provided, it applicable. PAGE 2 j.. Lk a ~ ~ f !YY•~ ~ r02 U ApenegNo i ~ Oate 65C4 7L (8) An executed copy of a hold harmless and indemnification agreement prepared by the office of the city attorney. (c) The administrative fee to be charged for issuance of + such permit to conduct such activities on public thor- oughfares s: X11 be ten dollars ($10.00), plus the cost of preparing individual permits to be displayed by solici- tors. (d) After a review of the application and collection of the appropriate fee, the chief of police shall issue a permit for the activities permitted in Sec. 25-5 of this Code. Such permit is to be prominently displayed on the ; person of the applicant or, in the appropriate case, on t the person of the applicant's employee or agent when con- ducting the activities permitted in Sec. 25-5 of this Code. I (a) The chief of police shall haves fifteen (15) days to issue or deny issuance of the permit. If the chief of police fails to issue the permit within fifteen (15) days, it shall be considered denied. If the information contained in the application is determined by the chief of police to be either false or incomplete, the chief of police shall deny the permit. Any person aggrieved by the denial of the permit may appeal such decision to the city council within ten (10) days of the denial. (f) All permits issued pursuant to this section shall be valid for not more than three (3) consecutive days. An applicant shall be allowed only two (2) such permits per calendar_ year. (g) Activities permitted in Sec. 25-5 of this Code shall j be prohibited prior to 7s00 a.m. and after 7:00 p.m. of i any day, Monday through Saturday, and shall be prohibited at any time on any Sunday. " (h) Activities permitted in Sec. 25-5 of this Coda shall not be allowed by any person under the age of eighteen (18) years. (i) All persons conducting such solicitations shall, at all times during which the solicitation is being conduct- ad, wear traffic safety vests. ) SECTION 121. That if any section, subsection, paragraph, i sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court dr JY: 'l i PAGE 3 ,a ^1 I p Y i iendaNo~_C_d ' P _ _ liendaite o~te - LA 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. SECTION IV. That any provisions of any ordinance which may be in conflict with the terms of this ordinance are hereby repealed. ;ACTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VI. That this ordinance shall become effective four- ' teen (14) days from the date of its passage, and the City Secretary is hereby directv3 to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, tho official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. I PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY, MAYOR ATTESTt s'. JENNIFER WALTERS, CITY SECRETARY BYs _ I APPROVED AS TO LEGAL FORM1 j DEBRA A. DRAYOVITCB, CITY ATTORNEY : v BY: I 1' F I `f i ~ PAGE 4 `r 12. WWI t f ~e-'r • r.r: Iraq r ■[1 s i Vendmo 911-d3 y • ' AOendalf L CITYof DENTGN, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 18201 /TELEPHONE (817) 588.8307 OHICs of the 01y Msnapa i TOs Lloyd V. Harrell, City Manager FROM: Catherine E. Tuck, Administrative Assistant DATE1 August 13, 1993 i M SUBJECT: Background Information Regarding Solicitation on Roadways Please find the attached information presented to the City Council last year regarding the fIref1,1htersI request to solicit charitable contributions from vehicles. 1 Also included is a copy of the minutes where this was discusset in j i a City Council work session. Please advise if I can provide additional information. ,y y Catherine E. Tuck AdVnistrative Assistant Y 4, y S~ yy S r n'-' ' it I ~4 ti rr y Y'1f [ 1 I I 1 1 4 A f fat ~f'}~ F'M9T+~ 1 A Age0aNo I D Ag6r~daltaot3~=-zx------- CITY COUNCIL REPORT D019 G~'$,_p~1J v o 7!^!7 TO: Mayor and Members of the City Council / O FROM: Lloyd V. Harrell, city Manager SUBJECT: Charitable solicitation at intersections DATE: September 29, 1992 BACKGROUND: i In 1988, the City Council received an increasing number of complaints about persons and organizations attempting to solicit business or charitable contributions from the occupants of vehicles at intersections. Groups and individuals were soliciting on k numerous busy intersections all over the city, causing traffic problems and endangering the individuals collecting the funds. In March 1988, the City council discussed this problem at a work session and felt that solicitation upon roadways was dangerous for the persons engaging in solicitation as well as a traffic impediment at intersections. The Council felt that safer alternatives for soliciting charitable contributions were available without utilizing public streets and rights of way. As a result of the City Council's discussion, the City Attorney was directed to and intersections the current draft an roadways. The ordinance proposed ordinance was solicitation - o provision In the Code that prohibits solicitation in roadways. t Section 21-10(a) of the City Code reads as follows: No person shall be upon any street or roadway or be or go upon the shoulder or media of any street or roadway for the purpose soliciting business or charitable contributions of any kind from the occupant of any vehicle. i At the September 10 1992, City Council Meeting Alan Hempstead, s.' representing the City's firefighters, requested an exemption tionts is Aeaoc the Muscular Dystrophy Section 21-10(a) on behelf of th Firefighters have (MDA) Annual fill-the-Boot Campaign. traditionally collected funds at intersections for MDA. However, since 1988, the City's firefighters have solicited twice at alternate locations on private property because of Denton's ordinance. t Mr. Hempstead mentioned two Oklahoma cities that made special provisions for their annual Fill-the-Boot Campaign despite local ordinances that prohibit solicitation in roadways. Because the f t ~peM +gen ben9aNo 9 ' ate . ;gsndaltertt,~~S' request was presented as a Citizen Report the Council w able to take any action or make any decision at that time. A councilme er 7 requested that the item be placed on a future work session agenda. ' SUMMARY: Veronica Oglesby, Administrative Intern, collected information from several metroplex cities as well as the two cities in Oklahoma mentioned in Alan Hempstead's presentation. The results of this survey are attached. Ten of the 13 cities contacted currently have local ordinances y addressing solicitation on streets and rights of way. Four of the 10 cities permit solicitation on streets and righ,:s of way through their local ordinance- Grand Prairie, Lewisville, Carrollton and Plano. These four Texas cities have additional permitting requirements. Solicitation is also permitted in the City of Allen JI even though it does not have a local ordinance addressing solicitation on streets and rights of way, In the City of Allen the Police Department handles all solicitation problems as obstruction of traffic. Grand Prairie permits organizations that register to solicit on roadways as long as the solicitation does not impede traffic. The ordinance requires organizations to show proof of insurance and charter of incorporation. It also specifies the dates and times the solicitation may take place. Lewisville also limits charitable solicitation to certain weekends and hours. In addition, Lewisville requires proof that the charitable organization meets the definition as established by the Internal Revenue service. Plano requires the organization to wear traffic safety vests at all h times, to provide proof- of insurance, and to sign a liability waiver in favor of the city. The City of Plano permits solicitation in the rights of way as long as it is not a state highway or farm-to-market road. The city of Carrollton permits . solicitation at intersections provided the organization executes a written agreement releasing the City from any liability arising j from the solicitation drive. It also states that no person shall walk on the main roadway and no solicitation is to take place along arterial highways during the morning and evening rush hours. Tulsa, Oklahoma, one of the two cities Alan Hempstead referred to in his presentation, permits only sworn public safety officers to solicit in roadways for chartable projects adopted by their bargaining agents. According to the Municipal Code and the Motor Vehicles and Traffic Code received from Oklahoma City no person shall stand in a roadway for the purpose of soliciting donations. However, the Police department says the area firefighters stand in the median without violating the ordinance. 1 w rr 4g 4genda?lo Q~-CQ ~ Agead3l~ar, S After reviewing the information received from the 1~ hies, i eft( appears that the issue of soliciting charitable contrItu ons 704 7 roadways is a concern. For many of the cities, regulating q solicitation in roadways is a problem despite local ordinances. Because of the many problems and safety concerns some cities have chosen to prohibit solicitation in the roadways altogether. However, other cities have dealt with the issue by designating specific roadways and suggesting alternative locations to solicit funds. These alternative locations include parking lots, shopping centers and grocery stores. Several of the cities are currently researching and updating their ordinance. i 1 In the absence of a local ordinance regulating charitable contributions in roadways the state law prevails. Article IX Section 91 (c) of the Texas Trdffic Laws states: A person may not stand in a roadway for the purpose of soliciting a ride, contributions, employment or business from the occupant of any vehicle, except that a person may stand in a roadway to solicit charitable contributions if authorized by the local authority having i jurisdiction over tho roadway. State law prohibits solicitation on roadways and from occupants of vehicles. However, it allows cities to give an exemption for charitable contributions with City Council approval. A request j would still need to be made. to the City Council. This seems to ; give a City Council more flexibility In determining what charitable group may solicit. However, the Legal Department has statod that the City Council would not be able to discriminate between two charitable organizations. In reality, all charitable organizations who requested an exemption from the City Council would be allowed to solicit donations at intersections if the City Council ware to repeal its current ordinance and go to the state law provision. RESPEC ULLY SUBMITTED, L oyd V, Harrell G - City Manager Prepared by: 'i _ t tt- s~;; - Catherine E. Tuck Administrative Assistant I , ky ~ i , v ~n i SUMMARY OF LOCAL AREA SSOL I C I rrArrT OW ORI] I NANCES CITY LOCAL CHARITULE SOLICITATION SOLICITATION ORDINANCE IN RIGHT-OF-MAYS k 1. OKLAHOMA CITY YES NO 2. TULSA YES NO- oonl fficer@ sworn mapublsolicicitsafety in roadways for charitable projects adopted by their bargaining agents 3. ADDISON YES NO i- a 4. ALLEN NO YES 5. ARLINGTON NO No prohibited by a section of khe Street Code Pedestrians ''on { Roadways ' 6. CARROLLTON YES YES 7. DALLAS No-repealed 6/92 governed by State Lax Be FARMERS BRANCH YES Q 1Y~' 4. 46 GARLAND YES No s 10. GRAND PRAIRIE YES YES YES YES X rF4f. 11. LENISYILLE YES W 1 12. PLANO YES a 12. UNIVERSITY PARR YES NO : r t 44 1?M1 a{ °s r s 1 J b 4 S' ~ 5 yI ! 5Y ` /I 1 ' V~ J9 4f SURVEY OF LOCAL CI1TI AfIQaNo SOLICI'T'ATION ORDINAN clay o 72oa7LJ 1• Oklahoma City, Oklahoma The City of Oklahoma City does have an ordinance regarding charitable solicitation. Section 13-36 of the Oklahoma City Municioal Code reads: •.No person or organization shall directly or indirectly solicit money, donations of money for charitable, educational, religious, patriotic or philanthropic purposes, on the • streets unless such person or organization has first obtained a permit. Section 32-458(x) of the Motor Vehicles and Traffic Code states that no person shall stead in a roadwa for the soliciting a ride, donations, em toyment y or busi purpose he occupant of any vehicle p business from the In response to Mr. s ecial rovisions for the Fill-the Hempateads report that Oklahoma City made Department said no one is permitt d to solicit in thegpublthe ic rights of way. However, the firefighters stand in the median without violating any ordinance. 2• Tulsa, Oklahoma The City of Tulsa does have an ordinance regulating charitable contributions, the Citv of Tulsa Oklahoma Charter and Revised Ordinances, Title 37 Chapter 11 S- e- ti'on 1105. r T1 e l 37 at at ear No person shall step or stand in the roadway or median to channel traffic for the purpose of soliciting a ride, employment, business, or contributions of any kind from the occupant of any vohicle) provided however , that ■worn public safety officers may project £ contributions for ~ charitable protect y` officially adopted by their bargaining agents. 3, Addison, Texas rr They do have a local solicitation ordinance. ';s!r> organizations are exempt from paying Non-profit/charitable t` However, no one is permitted to solicit on publicrostree s orrinithe right-of-way. 6:* 1 p~~ ~4 o , t .4. Vol Yfi I ,gp ~In6~11e, I kQe Ardall j Gtt, / 4. Allen, Texas llen s The Cit olicitationfinAthe rights ofnway.haIf soliciting bnance ecomes agproblem the Police Department handles the situation as an obstruction of traffic. 5. Arlington, Texas They have no local ordinance regarding soliciting charitable I contributions. However, soliciting in roadways is prohibited by section 6.05 of the Street Code, Pedestrians on Roadways. I 6. Carrollton, Texas They have a local ordinance regarding soliciting charitable contributions. Charitable solicitation upon public streets is allowed provided the organization obtains a permit from the Director of Traffic and Transportation. Included in the information needed to obtain a permit is the provision that the organization execute a written agreement releasing the City from liability due to injury or damage arising from the solicitation drive. other provisions of the ordinance state that no person shall walk on the main place along arterial highways Monday* through Friday, lam shall 9amtand ' 4pm to 6pm. 'I 7. Dallas, Texas They had a local ordinance regarding charitable solicitation, however it was repealed August 26, 1992. 8. Fpprmers Branch$ Texas Tha Police Department handles all solicitation permits. No one is allowed to solicit on street corners medians or at intersections. 9. Garland They do have a local ordinance licit on city property and no regarding to solicit sin t to he ' streets. 1A 10. Grand Prairie They do have a local charitable solicitation ordinance and it 1 l permits charitable organizations to solicit on roadways as long as r requd applied zf they do not impede traffic and prhave ovisions previously re n to e receive a received a permit. r permit state that the organization must file an application 30 days prior to the activity, and provide phone numbers of persons orr organizations to receive the funds collected by solic rat on. Also the organization must provide a copy of their chart or art s' of incorporation and sign an affidavit stating that at least 754 of the monies collected will go directly to the stated charity, The h y' , • _.....M.vYx~MahYWwMt4avn...r. I W~ r \ . nama~ aE n!, ~r n gentlatJo. 77'77 a ~entlalta organization may solicit only between the hours of 9am"l' Ypsa-Ma:idaylYlO~~ through Saturday, and must provide proof of insurance. Permits are issued for not more than 3 consecutive days within a 30 day period and only 2 such permits per calendar year. 11. Lewisville They do have a local ordinance regarding charitable solicitations in roadways. Charitable organizations are allowed to stand in a roadway provided they first register and obtain a permit in # compliance with the terms of the ordinance. Specific terms of the ordinance state that solicitation may take place only during certain weekends of certain months and for no more than 3 consecutive days. Soliciting is permitted only at specific intersections of crossings between lam and 7pm. The application for the permit is to be filed not less than five (5) days before the proposed solicitation and must include proof that the charitable organization meets the definition as established by the Internal Revenue Service. j 12. Plano They do have a local ordinance regarding charitable solicitation on public rights of way. Charitable organizations holding permits may conduct solicitations within the city and upon public rights of way provided no charitable solicitation shall be conducted upon or within the rights of way of any State of Texas street/road or any farm-to-market road. Other provisions state that solicitation must be conducted during daylight hours, for no more than 1 consecutive E 24 hour period per year per organization. They must also provide a certificate of insurance, execute a waiver of liability in favor ot. the City and wear traffic safety vests at all times. 13. University Park The City of University Park does have a local ordinance regulating solicitations. Persons seeking contributions for a charitable purpose must register with the Chief of Police and the Chief of Police will issue a certificate of exemption. Solicitation is prohibited on any public street, alley, or traffic island. r R ? 1 G ~f t Y ~y IN/L I , Sa t dC~y J~ \a ' y5,1 :I 5 1 I' R I X ITY~: .COUNCII or, siM o. ~ s a r OM AQ1Wo I pets. /G-/.P-9. j CITY of VENTON, TEXAS MUNICIPAL BUILDING, DENTON, TEXAS 76201 *TELEPHONE (817) 566-8307 Office of the City Manager MEMORANDUM TO: Lloyd Harrell, City Manager FROM: Rick Svehla, Deputy City Manager j r SUBJECT: Corbin Road Information DATE: October 13, 1994 t. . r; Attached is a small map indicating portions of Corbin Road in the City of Denton. We visited with the Council about Corbin and the problem of the low water crossing several times. in the past staff has recommended closing the road due to this low water crossing and the amount of time that we spend trying to close the gates insuring w that people are aware of the crossing. Maintenance of the signs . and gates has also been expensive. ;I y This problem is not a new problem. We have included a bridge for l; Fl~ { Corbin Road in the CIP program for the last 4 or 5 years. However t` the large cost of a new structure over Hickory Creek is prohibitive and has never made the final rankings for Council consideration. , - Current estimate of cost is slightly over $1 million. One of the x,•41 reasons I believe it has not made the rankings is the small amount ' of traffic on Corbin Road. The latest count for this facility was in March of this year and there were 147 vehicles counted in a 24 hour period. The staff believes that a substantial number of these, maybe as much as half, is Pe terbui It employees using Corbin as a shortcut to the southern reaches of Bonnie Brae and ultimately US 377 (Fort Worth Drive) toward Argyle and points further south. The second issue that I believe influences the selection as a CIP i> r± pro4ect is the fact that currently building this structure would k` not serve any city homes or businesses. In fact, as you can see by { r±sE the map, there is an alternate route which would require residents. on Corbin further to the south or on Underwood or Springside to st detour at moat 1.1 miles. In other words, instead of using the ,4 4`r5 Corbin Road access, residents in this area would have to use Springside and Underwood to access Ai rport Road and then finally points further north or in the City. Council may also be '~r~st;r.': ~•S interested to know that there are a total of 8 homes between 1-35W sR''•f1~ ¢¢f S' a P "Dedicated to Quality Service" ` . aw rank.{ s X h rp - ~eq r~P i a S I RY4 AgendaNo Agendalte l i Date Q and Farm to Market 2449 and Airport Road that would be affected by closing Corbin. The last thing tha Council should know is that portions of Corbin Road at the low water crossing and north of the crossing are jointly in the city and the County. When the City annexed the land on the west side of Corbin it used the deed descriptions and annexed the west half of Corbin Road. The City and County jointly maintain the road; each jurisdiction maintains its own area. We have contacted County Commissioner Hill about the possibility of closing this. Initial indications are that he would prefer that the City annex this road prior to its closing. However we are trying to meet with him prior to the Tuesday meeting for further clarification. If the Council wishes to close this Road, that could be facilitate by annexing a strip of land at least 1000 feet in width from Airport Road south across the low water crossing. If the Council has further questions about Corbin, we would be happy to answer them for you otherwise we will await for action from the council on whether to proceed with this closing. II .r i Rick Sve a Deputy City Manager' Y i RS:np j . x f J rri k'til , r; ~w X S ~ x" i r r waas~ AgMNo Apendalt , sta..." " t and Farm to Market 2449 and Airport RozF that would be affected by closing Corbin. The last thing the Council should know is that portions of Corbin E Road at the low water crossing and north of the crossing are i jointly in the City and the County. When the City annexed the land on the west side of Corbin it used the deed descriptions and annexed the west half of Corbin Road. The City and County jointly maintain the roads each jurisdiction maintains its own area. We have contacted County Commissioner Hill about the possibility of closing this. Initial indications are that he would prefer that the City annex this road prior to its closing. However we are trying to meet with him prior to the Tuesday meeting for further rc` clarification. If the Council wishes to close this Road• that could be facilitate by annexing a strip of land at least 1000 feet in width from Airport Road south across the low water crossing. If the Council has further questions about Corbin, we would be happy , to answer them for you otherwise we will await for action from the Council on whether to proceed with this closing. 1 1 R c Sve a Deputy City Manager RS s np , AMMIM i I j 4 to . h r, uS ` 5 J7 ..~NM yE t }M"~. 1k r v`,7 ~ t R R I IL U'l r t ayp-yy 4Hr11 /aL 1lvlrnu v r-iVhC1Y & rno%jr,r.hvl PrOf6d TNT COP31N ROAD BMDGE Osio-le sap as -'~f &%khserfng & T(W& 1Ndnh Oct-98 3d3 End May-99 Juf 89 Feb-00 $1.050,0W le thb n updaRe Of rnrMM of a sumo? CIP p+olsCt? Ya _X . No dge with sidew alk over dry fork Hickory Creek at Corbin Road to pass 100 Year flood. fLtwoum w oled PhapaUJustlq ca . Reels" existing low water Crossing with a bridge spanning the design flood I10x1 Year}, 1 f 0 0 LOW AM In CoffituCtiOn 0 Od Toth O O VVM tlM y O O iP 164 ~ So flea 1866 5 61 Land OW-Of-VM) 20 20 01 J Other 0 0 0 0 1,060 1,060 Tataf ~ n r F ~ ~4t Sy~J;}i ~~T■`sq~'`Q' ie.V~ u r O •Pertaryl SenviCaa a 0 I MW ntensna 0 SWAM 0 Deft SWOO 0 frlawana 0 IsA A&#&M o 0 0 0 0 0 TsW a Mersa bat Oxpeead Sawa of Owe" r, WIII tfiM Few resuk in bny savings? Yes, approximate amount sn nuely /WN1t11o 1~ vim r. 3, I! c(f 'beneaNo, Ru-o?GJ ~9on~alt 3 Date t6- J11000 N. IfI~Ms t r ~'Q, 04 3 ay \ 0~7tl MSPA3 1 1 Q L. s ~ mae oaw 4 , M1 l; n7 Y1 , JS 1 r,. f i~ r.i F.~ V 1g CITY,- `COUNCI i aer ~ z. d O 4 + QOM if z DATES Ne Ape &I CITY COUNCIL REPORT Log ~g TOs Mayor and Members of the City Council FRoMs Lloyd V. Harrell, City Manager SUBJECTs IMPLEMENTATION OF CITY OF DENTON WORUORCS DIVERSITY PROGRAM 1994-96 RECOKKMMATIONt The City Council will receive a report and hold a discussion regarding the 1944-96 Workforce Diversity Program goals not by the City to encourage hiring and retaining individuals who are in a classification protected under Federal Law. No action is required. SUKKARre In 1992, the City council reviewed a two-year Workforce Diversity Plan. At this time, we would like to share our results and accomplishments and bring forward the diversity goals for the next two years (1994-96). BACKGROM& w In 1992, the City Council reviewed a city-wide Workforce Diversity plan 4 which set forth goals for the next two years, 1992 through 1994. The 1992-94 Workforce Diversity Plan included common objectives from each i department in the following arenas o Recruitment o Analysis of Information o Internal Communication/Education o External Communication o internal Development o Community Involvement Attachment 1 is a summary of 1992-94 accomplishments in each of these areas. Through the years, the city has used Denton County Labor Force as a constant or basis for comparison of our internal labor force. The current employment statistics for the Denton County Labor Force are E indicated in Table 1 below. These percentages are based on the 1990 Census and projected forward to January, 1994 by the Texas Employment commission. Table 1 Denton County LAhQr Fgree+ Catmoory %Total !Ilmil! `r ! White 86% 32% t Black 5% 54 Hispanic 61 6% Others* 31 3% q m The Texas Employment Commission bases its diversity projections on { the labor force area from which the City of Denton would hire. k at Includes Asian/Paclfio Islander and American Indian. Y ' W b y 0. +t AAAMIS i 17y a"'fro a . p: 1 i ' AY s t fiN r r<Nr+~ 'r City Council Report Workforce Diversity Ane~u~aHO ~Ly October 16, 1994 Page 7 aQ011d3~18~ r - Note since 1988, our organisation's minority workforce has continued tolg exceed the percentages of the entire Denton County Labor Force in most areas, especially in non-civil service positions. Table 2 reflects non-Civil Service municipal workers for February, 1988, November 19910 December 1993, and July 1994. Table 3 reflects civil Service municipal workers for the same dates. Table 2 Non-Civil service Municipal Workers Statistics* Cateoorv Feb. 1988 Nov. 1991 Dec. 1993 July 1994 White 84% 85t 84% 85% Black 60 6% 7% 6% Hispanic 8% at at at Other•• 2% It it it i • Percentages based on filled positions. Includes Asian/Pacific Islander and American Indian. I Table 3 Civil Service Municipal Workers Statistics* Category rob. 1988 Nov. 1991 Jan. 1993 July 1994 White 96% 96% 96% 96% Black 1% It 1% it Hispanic 71 2% 2% 2% r Other** It 1% It 1% m Percentages based on filled positions. E •m Includes Asian/Pacific Islander and American Indian. Because of the restrictions placed on hiring by Civil Service law and yJ low turnover, it is more difficult to have flexibility bringing protected class individuals into these positions (police and Fire positions) However we have been able to maintain the nt rotected clams individuals in these positions. age of Also inclufed in the City of Denton protected class workforce is the employment of females. Table 4 reflects the trend of total female and minority female municipal workers over the past five years. 1 "VI ry Table 4 renal@ Municipal Workers Cateaorv Feb. 1988 Nov. 1991 Mar. 1993 June 1994 i Total remals■ 261 27t 751 27% Minority Females 3% 44 3% 4% `t As you can most there has been little growth or change in the percontage of both total females and minority females employed by the j City of Denton. The Denton County Labor Force, January 191 1994 data of employable females shows 371 available. t p AAAM1B i K ~ ~A9~~~~'il+}IGN,J✓Y.. W.IfYA"~I~n~c ~.J. . AMY. r k. A I! r cs ABeadaNa ~ ' City council Report A06Ada€ZS - workforce Diversity October 18, 1994 ~9 ~a r r Page 3 306/9- Table 5 compares the racial make-up Of total employees for 19800 y1983 ears 19880 1991, and 1994. This table reflects that over the past 1 the percentage of white municipal workers has decreased and the percentage of minority workers his increased or maintained constant. Table 5 Total N~lcio 1 woa_. rkeri BtatSstiest ; aac• ~~Y 32.4 egg 1988 3221 ~-4 sit 874 874 white 934 89\ 5\ 54 54 5\ Black 24 S\ Hispanic 4\ 6% 74 7\ 1\ 2\ it 1\ other** 1\ e Percentages based on tilled positions. ee includes Asian/Pacific Islander and American Indian. Attachment 2 includes three charts showing city of Denton workforce workforce in 1988, Attachment 28 reflects 1991 data nant 2A outlines d Attachment 2C addresses currant numbers. A comparison of this data demonstrates that as the overall City of Denton workforce has slowly increased, the number of protected class individuals has been consistent and steady. The majority of protected maintenan a hob occurred the tochnical/paraprotessional class individual and s / E • Divorsi r Plan Ra endatiola! ` 1994-96 Workf f ! I 1 The City Denton has continued its cosine nt to diversity over the it IIII past two years and creative efforts continue to improve this area. In ` 1992, we refocused 'Affirmative Action' to •workforco Diversity' to be like to estrroses thatl protectorkfored clear that as an organization at van continue t Diver groups. Diversity principles will continua to be empherired. The federally protected class areas includes - Race - Gender - over 40 years of age - Disabled and the rove Denton A new plan being ropossed forithe years 1994-96. Bach departtmentrin in b below p p diversity the organ E ed to develop individual dapartmontTh, lc^ommon .i: the organization was asks to reflect their commitment to workforce diversity. objectives from I use individual plans have been compiled to achieve an organizational wrkforce a diversity program for 1994-96. General area F i r ~ ,h r AAAMIS r} Y r f ,>V M W City Council Report fJ.f~ Workforce Diversity ApendaNo u October 18, 1994 Agendalte S Page 4 - Recruitment - Analysis of Information - Internal Communication/Education - External Communication - Internal Development - ccramunity Involvement j Attachment 3 is an outline of specific common objectives within each of these general areas. This document reflects the City of Denton's commitment to a diversified workforce and success toward a diversified workforce. However, it is important to continue to intensify our efforts in bringing theme percentages up as our protected class population and labor force in Denton and Denton County increases. Workforce Diversity given us the opportunity to truly exhibit the City of Denton's commitment to be an equal opportunity employer and allow employment opportunities to qualified individuals who are protected under federal law. I am pleased to report the City's success as an organisation that embraces diversity. I am also excited about our departments' commitment to hire and retain individuals regardless of race, gender, age, disability statue or other protected rights. The organisation, as a whole, continues to demonstrate a commitment to workforce diversity. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDt Each employee involved in a program, managers and supervisors of departments and divisions and anyone participating in a group associated with the City are responsible to ensure that non- discrimination practices and the spirit of workforce diversity occurs in a manner that assists the organization in providing quality service. FISCAL IMPACTe The Workforce Diversity Committee has developed recommendmd goals for this program's time period. Some require funding In the base line ' budget. In the 1994-9$ budget, workforce diversity funded activities Included Sob opportunity Announcement postage, recruitment travel and registration and "Welcoming Diversity" training. < .114 i . rr\f'V LI>L a5 I Y .yiy' 1. r. .fe air ,r3 M I r >f i~r~~T ~ . , r AU1029Bm I ~f N ' r r 6+• y, . @-Awl r City Council Report Workforce Diversity AQer&No October 18, 1994 Page s A060d3i' Nate Roepect ly eubmitto l V, Prepared bye oy . Marrol r City Manager Thomas W. Xllntk, Director Personnel/YmptoYoe Relations yam, Approv 8otty Roa , Hx ut vo isector municipal a rvi s/economic Development i 1 s F Z ~ hNr ~ of ~ ~ •1 4t .1 , v ~7 AAAWu rJ e ~r ~lfi~,' i5 r......-.. ..rv+.a . v. agar, Iw'ir J l i h ,y~~Q Sy i r, `r i ~gerrraNo ape~~dalt leg t~ ATTACSffiV FM 1 r~ 1 l r , A AAA&u s x t~~~ZaR Y 1. ~ l t~. r3, i e i agendaNo ' ArrACHKENT 1 Agendalle CITY OF DENTON ~1e-1-Q WORKFORCE. DIVERSITY PLAN 1992-94 SUMMARY OF ACCOMPLISHMENTS 1. RECRUITMENT • supervisors review Job Opportunity Announcements (JOAs) prior to postings and adjust descriptions as n•ieded i • Approximately 20 universities and job faire have been attended including participation in job fairs for dislocated workers and disadvantaged youth • Tutorial offered for November, 1992 and June, 1993 Fire Recruit entrance exam • Job Opportunity Announcements were sent to approximately 100 organizations recommended by the Workforce Diversity committee • several departments budgeted money to hire student aides and interns including JTPA summer youth participation II. AMYSIS OP INFORMATION • Workforce Diversity suL=mmittee was established to develop guidelines for departmental exit interviewseach sent to • summary of all applicant pools protected class department with referrals indicating p minority recruitment Application forms and applicant information sheet were • I revised to provide better EEO Information in • Mercer stud implementation reviewed pay flAxibility transfers/promotions • Tuition reimbursevent is encouraged and available to t anyone interested in advancing their education and City of Denton Education Series (C.O.D.E.S.) was implemented to provide employee training and a larger scope understanding of the organization • With the Mercer Study, job descriptions were studied and updated and all departments reviewed job announcements prior to posting III. INTERNAL COIWUNICATION/EDUCATION • 92-94 Workforce Diversity policy and program was passed by City Council and distributed to all departments. Executives and Executive Directors were instructed to conduct training sessions with all staff + Workforce Diversity Committee was established to assist in communicating programs in their areas • Articles were included in City Newsletter featuring cultural events and people of different cultures AMMAW1 s i A 'p 11 r 1 r crv-:v, 1 Summary of Accomplishments aendaNo Page z Gonda Ilan • Diversity Workshop notifications were placed in city training updates and newsletters • Newsletter articles were requested and published entitled, "I Am Proud to Be....." • All position Job opportunity Announcements were sent to Distribution Lists II and IV (Superintendent level and Department Secretaries) • Employees are provided career counseling upon request • Employees are encouraged to discuss advancement I opportunities with supervisors ` • Supervisors are encouraged to consider in-house appli- cants for open positions f IV. EXTERNAL COMMUNICATION • contractors and vendors are given Workforce Diversity Statement and Equal opportunity guidelines • Disadvantaged small businesses are notified and encour- aged to bid on projects V. INTERNAL DEVELOPMENT • The participation in tuition reimbursement program is increased • Supervisors are encouraged to evaluate the interests and skills of employees and cross train when appropriate VI. COMMUNITY INVOLVEMENT • City of Denton sponsored JTPA Luncheon for summer youth i participants • The City is represented in protected class minority organizations such as LULAC, JSEC, etc. j • Job Opportunity Announcements are sent to 100 universities and community organizations weekly VII. INTERNAL I6sUES • Affirmative Action Advisory Committeels name was re- evaluated and changed to Workforce Diversity Committee and composition guidelines were established for committee members inoluding a participant rotation schedule • Monthly training update sent to all City employees inoluding training such as Council of Governments (C.O.G.) and City of Denton Education Series (C.O.D.E.S.) programs ' • City application revised to include disabled applicant r self-identification A • city policy adopted addressing Americans with Disabili- ties Act k' AMMAIN t F + L rL Summary of Accomplishments iendaNo Page 2 avdaltefQ1ilCm fro • Diversity Workshop notifications were placed in City J training updates and newsletters • Newsletter articles were requested and published entitled, "I Am Proud to Be....." • All position Job opportunity Announcements were sent to Distribution Lists II and IV (superintendent level and Department Secretaries) • Employees are provided career counseling upon request • Employees are encouraged to discuss advancement opportunities with supervisors • Supervisors are encouraged to consider in-house appli- cants for open positions IV. Ell MAL COMMUNICATION • Contractors and vendors are given Workforce Diversity St *ement and Equal opportunity guidelines • Disdavantaged small businesses are notified and encour- ag,. to bid on projects V. INTERNAL DEVELOPMENT • The participation in tuition reimbursement program is increased • supervisors are encouraged to evaluate the interests and skills of employees and cross train when appropriate VI. COMMUNITY INVOLVEMENT • City of Denton sponsored JTPA Luncheon for summer youth participants • The City is represented in protected class minority organizations such as LULAC, JSEC, etc. • Job Opportunity Announcements are sent to 100 universities and community organizations weekly i vile INTERNAL Issuze • Affirmative Action Advisory Committeele name was re- evaluated and changed to Workforce Diversity Committee and composition guidelines were establishel'for committee members including a participant rotation schedule r • Monthly training update sent to all City employees including training such as Council of Governments (C.O.G.) and City of Denton Education Series (C.O.D.E.s.) programs • City application revised to include disabled applicant self-identification • city policy adopted addressing Americans with Disabili- 4 ties Act Y~ r al F W-1 eiu.HV' i rwrr.A R! Summary of Accomplishments 4gBN0 Page 3 AgendaflQ . Date 90,?IR • newsletter article leature4 Juneteenth, Cinco de Mayo, Martin Luther King, Jr., and other articles • Welcoming Diversity Workshops presented and available for all employees • Surveys conducted to compare types of Workshops addressing Diversity issues yJ j r i r f. j e I `~r 1 t r yry ~ nV ly o r u c + r . i i r" :y AM MAIN . r s a r i~ jF'-va k } egendaMaq ~ ! Agandalte Date !D -I 1041 ! h ATTACHMENT 2 l 1 1 hY. s e+' ~c4 1 i':~ r ^..I ~y 1P71 ~Y b ~ v AAAMM $ ~ ~rl 4 r j ~ , MAl,` t a '~'n!R^7~~A'iY ~F1P5ArKasnn.vw y, Rj a x I SI try • t `i. r f'tz~ 11 [M"YA T i C i i ATTACHMENT 2A } CITY OF DENTON ANALYSIS BY EEOIAA CATEGORY AND JOB GROUP February 29, 1988 MALE FEMALE ,SOB POs WHT BLK SPN ASN AM OTR TOTAL WHT RK SPN ASN AM Opt TOTAL Gwvp FILLED ORN IND MALE ORN IND FdAAIE a -r Exsadive 18 14 14 3 1 4 Prof"81" 71 27 8 _ 6 37 28 3 2 1~ 34 mompff4mmowwm 63 60 4 64 9 9 T~epmf88s;vw 174 146 4 9 2 r 160 14 14 OffIONcler" 128 9 1 1 11 102 9 6 2 11a Sanip~erwna 140 89 14 24 128 11 12 1 Po6cs 90 78 1 2 2 93 8 1 y FWV 65 1 so t T01"AL 771 497 26 40 7 3 O 673 173 13 9 1 2 b 19~ j' Ki4 & 1OTAI 64.46% 3.37% 5.19% 0.91% 0.39% 0.00% 74.32% 22.44% 1.69% 1.17% 0.130A 0ASIA 0.00%, is."% rt j' AA{J.~ ~A r. AAA026ASIS ~h .h OKepue~ ply. v P 1 f r i 1 I ,t r 4 f I , ATTACHMENT 2B CITY OF DENTON ANALYSIS f BY EEO/AA CATEGORY AND JOB GROUP November 15, 1991 MALE FEMALE "12 BiX SPN ASN 7AM OTR TOTAL WHT SLK SPN ASN AM IND OTA FETOTAL MME 6OfW MALE OfW EXOCUO " 1 17 4 1 39 37 4 41 2 2 A4,xrpKrK66 Tsdv~calR6 9 2 183 r. 18 1 1 1 12 118 10 B 1S6 ~g, Oftwo/cw m 147 11 1 _ - 1 8efvlc~~ 148 103 11 r 25 1 140 7 poke 98 84 _ 84 - 84 0 9 TOTAL ' 826 627 as 43 5 2 0 602 195 18 12 0 0 0 Z23, za. %OpYOT~ 63.86% I 3.0311 6.21% 0.81% 0.2416 0.001E 72.97% 23.84% 1.94% 1.45% 0.00% 00.OO% 37O~~i +t y. Ir It" 1-7 10 MAO:eA6n ` ,aa I fig M1 i . 5I I - ' 1 r r ■ s i 4 t ATTACHMENT 2C I CITY OF DENTON ANALYSIS j BY EEOIAA CATEGORY AND JOB GROUP July 1, 1994 fE , MALE FEMALE JOB POS ww 8LK SPN AM AM OTR TOTAL %#HT 8LK SPN AM AM OTA TOTAL' f. GROUP FILLED Om IND MALE Om IND FEMALE Exewtive 19 13 1 14 3 2 6 Prole6" - 90 38 7 3 1 _ 47 37 2 4 r r 43 MenNwnenl/Supenision 87 47 1- 8 - 1- - 65 . 12 r 12 ' Tednk+UPanprof*nk W 211 146 10 11~ 1- - - 168 38 2 3 43 f Oltiwlderfeal 121 8 1~ 1- 8 84 10 9 112 SwvioeNaIntwurom 146 95 14 29 1~ 139 6 1W 1 Pella w 99 89 1 3 2 95 4 4 Fkt 92 82 92 0 TOTAL 845 624 36 52 3 0 618 193 17 17 0 _ 0 0 227 I %OfTOTAL 82A1% 4.14% 8.16% 47% 136% 73.14% 22,84% 2.01% 2.01% 2bltl% t--wAn n to AAA02BASIS hJ'h , t, r C 2 } ;v! r ~,i I H randa I kte~1 * s I ATTACHMENT 3 I• + 14, IY. , I; ~ E • E .t I 1 1 F t .l 1 ~ ~ 2 y r I I ~ M1 r , L sf AAAMU r .-r. ( i ."'°'~TtiY'IERL!%'i.Waeav'aG~l~,k~rr+r.,..~_. _ w; m..•,:+rinYe~► x rl a r °:i, r loll t~ } .w.rV Y n y gendaNo 4pidaile ISq g ~crultment The proposed work force diversity program includes the following recruitment efforts to help increase the number of qualified protected clans individuals attracted to our organisation. - When possible, send a recruiter that represents the targeted group being recruited. This recruiting strategy encourages and welcomes protected class applicants. (Departments would identify the recruiter from their area and fund their participation). Send letters to University student organizations prior to attending campus Career Faire. The goal would be to stimulate interest in City of Denton employment ffa~rthe day of the fair and increase the number of inquiries during the Send recruitment packases to Placement offices prior to graduation. Working more closely with targeted minority and female Vnipversity Placement Offi=tunitlesnwithathehCity~Sandingorecruitroeatapaekagesnin that seek oppo addition to sending job announcements reinforces our commitment to recruiting qualified protected class individuals. Develop recruitment brochures that highlight opportunities and professional growth with the City. These materials can be used in the recruitment packages mentioned above. - Advertise openings In targeting professional minority journals. Focusing our professional recruiting to specific audiences wilt increase the number of interested protected class applicants. participate in mentor programs. Continuing our involvement with successful to force mentoring efInprograms ternshipssandisummertprogramsahave intent of work date and we will continue to expand mentoring opportunities across the J' organization. - Provide a city wide recruitment budget. Dedicating specific funding for and i other recruitment consistency activitiesabilitlee to participate in Career n Fairs activities - Work Force Diversity Committee will sponsor a city wide career fair for Denton citizens. Sponsoring a fair will raise the city's visibility as an employer.} - Fire Department will locate appropriate study guide for Civil Service Exam participants. If feasible provide study guides to applicants prior ' to exams. Assisting applicants this way will encourage better preparation of all exam taker@.• - Fire Department offered special Orientation by invitation for Ju17 The civil service Isam. orientatios includes material and an overview of city employment enefitsle test study guide Requires feasibility G budget study. Significant progress or completed since recommendations presented to Executive Directors Director in January 1994. APPO064C j Y ~Ya Ate i V . S AgendaNo 944 - 1994-96 work Force Diversity Program Agaadalts Page 2 Date r ~y9, 1(p CW 19 - JTPA Student participant orientation conducted by the WrD Committee for students their first day of employment. The orientation topics included job performance expectations, business conduct and a review of city policies. Analysis of Informatioaa Department heads continue to be interested in analysing available information in the areas of applicant flow and turnover. The following includes some of the information to be distributed and analysed. - Applicant tracking/applicant flow. Oontinue to review data on individual job openings. Adjust advertising strategies to the successes 1 and/or failures of recruiting qualified protected class applicants. Send quarterly reports by department/division to City Manager and specific Executive Directors and Directors. - Send quarterly reports to supervisors that include ethnicity and how the applicant heard of the position opening. - Develop department exit interview quest ionnaire/guIdaItr9s. Along with the overall City exit interview program conducted by the Human Resources Department an individual department exit interview would allow Department Directors the opportunities to gain first-hand feedback about their operation and diversity climate from exiting employees. The WFD Committee j will assist in the process of establishing guidelines for department exit I interviews. fi i - Request applications from ovary applicant for every position. This will j he] capture application EEO data, especially for higher level positions ' that in the past have bean recruited by -resume only-. I - Automate selection/rejection reasons. Collecting this data will assist us in discovering any common factors for the failure of selection of protected class applicants. Include a space on supervisors' evaluations that address their efforts in the area of encouraging training and the advancement of employees. This would be included with the work force diversity section of the performance evaluation. - Implement employee skills inventory and share results with managers to assist in cross training individuals throughout the City. - A summary of every applicant pool is sent with each position that is i referred to departmsats. This provides supervisors and directors with r'; specifio information relative to the recruitsest of specific protected class applicants. f . !S w Internal Develoagnt An important aspect of maintaining protected class individuals is to offer continuing training and development opportunities for career advancement. The 5 i= Yk Requires feasibility a budget study. Significant progress or completed since recommendations presented to Executive Directors i DirecLor in January 1994. APP0064C i i ` . i { } I r ra r.~ I I i i i I G' { 4gendaNo W 1994-96 Work Force Diversity Program Agandalts Page 2 Nate le Elf ' q' +~0 Ub 18 - JTPA Student participant orientation conducted by the WFD Committee for students tbeir first day of employment. The orientation topics included job performance expectations, business conduct and a review of city policies. Analysis of Information Department heads continue to be interested in analysing available information in j the areas of applicant flow and turnover. The following includes come of the information to be distributed and analyzed. Applicant tracking/applicant flow. Continue to review data on individual job openings. Adjust advertising strategies to the successes and/or failures of recruiting qualified protected class applicants. Send E quarterly reports by department/division to City Manager and specific Executive Directors and Directors. - Send quarterly reports to supervisors that include ethnicity and how the applicant heard of the position opening. - Develop department exit interview questionnaire/guidelines. Along with the overall City exit interview program conducted by the Human Resources Department an individual department exit interview woulJ allow Department Directors the opportunities to gain first-hand feedback '.bout their j operation and diversity climate from exiting employees. The WFD Committee will assist in the process of establishing guidelines for department exit interviews. f ~ - Request applications frun every applicant for every position. This will help capture application EEO data, especially for higher level positions E that in the past have been recruited by "resume only". i - Automate selection/resection reasons. Collecting this data will assist us in discovering any common factors for the failure of selection of ' protected class applicants. - Include a space on supervisors' evaluations that address their efforts in the area of encouraging training and the advancement of employees. This would be included with the work force diversity section of the performance evaluation. - Implement employee skills inventory and shar-w results with managers to r.r assist in cross training individuals throughout the City. - A summary of every applicant pool is sent with each position that is referred to departments. This provides supervisors and directors with specific information relative to the recruitment of specific protected class applicants. Internal DeveloMtnt An important "pact of maintaining protected class individuals is to offer continuing training and development opportunities for career advancement. The • Requires feasibility i budget study. Significant progress or completed since recommendations presented to Executive r+ Directors i Director in January 1994. r; APP0064C `r4r, X fs M. ~y I ,JS Wks , . r r E agenda No y 4g~adali 7911 1944-96 Work rorce Diversity Program ~dj? Page 3 IZ061$ following are suggested goals for internal development. I - Develop career paths within departments. Encouraging employees to pursue internal opportunities is essential to maintain a qualified and experienced work force. This could include allowing non-supervisors to attend supervisory training. Targeting protected class employees while providing training consistently across the work force accomplishes both a quality and diverse work force. - Implement cross training and job rotation program. Start an internal internship pr->gram where employees can change jobs for short periods of time and provide continued larger scope training that will build on the City of Denton Educational Series (C.O.D.E.S.I format. - Encourage continuing advanced education through the Tuition reimbursement program. I Internal Goa-unieation/Education i A very important aspect to maintaining protected class individuals in the organisation is through communicating the City's Diversity philosophy and promoting this philosophy through education and example. It is important that protected class individuals know a system is in place where their concerns will be addressed if they are not fairly treated. Below are the common objectives set forth for 1994-96. - Survey employees prior to the Welcoming Diversity Workshops and after their participation as a way of looking at workshop effectiveness. - Take major issues to Executive Committee am topics and projects develop. Stress working on one issue at a time. WI'D Committee members will communicate committee goals and objectives to j their departments and bring department information back to the committee. 3 - Conduct an employee survey that addresses self disclosure of employees with disabilities and the perception of the City's Open Door Policy. Groom internal candidates for future advancements. Along with formal professional development, promote discussion with possible in-house applicants about their strengths and weaknesses. A key factor to maintaining protected class individuals is through career development. - Continue diversity dialogue through workshops and special topics that resppoond tt ,nagkng a diverse staff. Encourage employees to participate periodical- in training programs. Retrain Managers and Supervisors in v , Selection and Interviewing. I a - Continue to encourage culture articles for employee newsletter from employees. - Workshop attendance is reported to Executive Directors and Directors. Invitations are extended for their attendance in more than one workshop. • Requires INsibility 6 budget study. Significant progress or completed since recarvnendations presented to Executive ` Directors 4 Director in January 1994. K APPOO64C ~ r~ ...•+wd,w rra.w ..rswai rL..'aihs•a.. , X15. WIWI s Agandatte l/ 1994-96 Work Force Diversity Program Qd1B 10 v- Page Page 4 Mob Cp O 1 I External Communication/Community Involvement As in recruiting at targeted universities and schools, community involvement informs potential applicants of career opportunities with the City of Denton. Community involvement and External Communication projects our philosophy and commitment to work force diversity. Departments agree that the following goals 4 would be a continuation of that commitment. j - Encourage Supervisors to feature the successes of our employees in local newspaper. 1111 - Provide the City's Diversity Plan to subcontractors and others in our business circles. - Continue to encourage participation in cross cultural organisations. A key to creating and promoting understanding is achieved through our service in community advisory councils and committees. This type of participation will encourage protected class applicants to consider the City of Denton as a potential employer. It will also provide important feedback from the very community for which we provide service. I A t ~ 1 p: z ar ~ r. rz > - y ~;i3,~: d;r :,quires feasibility 6 budget study. tit Re Significant progress or completed since recommendations presented to Executive p Directors i Director in January 1994. APPN64C 1 ~l l 'v ~ y t l L&MVAOS 1 1 'CITY - COUNCI i a I a t 0 0 a: +r c i s • ' ~C I T Y y COUNCI ♦ O 6 t ~ +T ~0x t• ~J~ G M • + A11 Yr~ Y *'Y - 1 11 n ~yy i AAQAddF10 Ap *ft D$ e CITY OF DENTON CITY COUNCIL MINUTES August 231 1994 0 The Council convened into the Work Session on Tuesday, August 23, 1994 at 5:15 p.m. in the Council Chamt'ers. PRESENTt Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, Miller and Smith. ABSENT: Council Member Chew 1. The Council received reports and held discussions regarding the following budget hearings: Public Safety Services i Fire Police Transportation Engineering and Transportation Streets Airport John Cook, Fire Chief, stated that his budget had four proposed packages which consisted of the replacement of the SCBA compressor; { the refurbishing of an ambulance; SCBA equipment; eind rescue tools. ! Council Member Miller asked for the preparation oY scenarios regarding the addition of firefighters or, an incremental basis. Mike Jez, Chief of Police, stated that his proposed packages r included 40 lapel microphones for radios; R-pads for police which were devices for entry level testing for potential police candidates; neighborhood funding for the COPS program; civilian i jailers which would add three jailers to the staff and enable the jail to be staffed 24 hours a day 7 days per weeks and 2 police k officers to be added in January after the status of the crime bill was known. r. City Manager Harrell stated that if the crime bill passed, the City could hir-j, approximately 4-5 officers instead of only two if the bill did not pass. The City had been using civilian jailers for at ' least 4 years and this year the funding would be available to take the final step to have full time jailers 24 hours a day 7 days a week. t, Council Member Pefry asked about the new automation in conjunction f with the move of the Department. Jet replied that they were making adequate progress. The request G.' for proposal would be finalized in the coming weeks and the r .tlM1 contract awarded in November or December. Council Member Cott suggested that the Lillian Miller/Teasley Lane corridor neoded two officers by itself. V j s~ t>',' I I f 55 yX f' `I' r r r Agendalte City of Denton City Council Minutes pg;g August 23, 1994 Page 2 c7 Council Member chew joined the meeting. Council Member Hiller stated that last year new communications equipment. He asked if the euipment was epartment still needed that type r of in the f D f Jez replied that with the money approved last year by the Council, the Department was able to purchased a substantial number more than originally thought. He felt it would be better to hold off on the purchase of any additional radios until the completion of the computer package. Jerry Clark, City Engineer, presented the transportation budget which was essentially the same as last year. Proposed packages ; included an upgrade of a 486 computer, an Engineering Tech j II/Design position, a print machine, and a laser areplacement street roller, ' a replacement vehicle 1150, vehicles would be replaced at a lower cost due to the motor pool system. city Manager Harrell stated that as management positions in the City became vacant, there was an attempt to incorporate that position with a current position. In thin area, two positions were being incorporated into one position. 1 Mayor Castleberry asked how much was budgeted for street repairs and rebuilding. Clark rrepplied that it was and $400,000 with a esolid Owaste transfer. 0,000 for street City Manager Harrell stated that the budget had proposed $810,000 for repaving, maintaining, and reconstructing streets. Council had had a leadership role in adding dollars to the street maintenance/repair budget over the past several years. Rick 8vehla, Deputy City Manager, presented the Airport budget. The two ing of proposed e a beacon ges included the Airpersonal computer and the refurbish Mayor Castleberry asked about the new system at the Airport. gvehla replied that the global positioning system used satellite technology to determine the"aition of an airplane. The global k positioning system could give cirections for landing from the south to the north. f § a `r• ~ y ~ agvdaNo Agendal~ ! We City of Denton City Council Minutes August 231 1994 Page 3 sked about the yrant for the extension of Council Member Miller a the runway. svehla replied that there was still a good chance for the grant to be awarded before the October i deadline. Congress had not passed ' be awarded the bill to date but he felt that it would be passed soon. 2, The council received a report and held a discussion regarding proposed utility Bob Nelson, Executive Director for Utilities, stated that the proposed rates would bet electric - a lg increase in the base rate 1495; a and a 1% water increase of 23;t a waECA rate to be stewater increase of effective 8% a January solid waste • a commercial residential increase of 7.673 from $11.15 to $12.0 ' trucks. i solid waste increase of approximately e%; a landfill solid waste Increase .00 per cubic yard for non-city pe Pfrom $5.00 to $6.0 The pl electric customer would pfrom the original p o rof $1.4actions so l montn. Commercial volumes were up up from 6% would be needed instead of a r 15% on the commercial tates,increase. The varied inoreaae rates an 8% r Budget/Rate Administrator, reviewed the landfill Earl crews, indicated mowhilnthly area e cities. which indicated proposed rates. He presented rate comparisons with it was competitive with area Denton did not have the lowest rates, cities. the rate staff discuss chanes Council Member Cott suggested that possible so that they were informed with those affected as soon as about the changes. lic Utilit City Manager Harrell wing rate ion to ncreasesie peciallybin the water Boards philosophy rag and wastewater areas. recommended at a 2~ was Nelson stated that the water incrwould have an ther $2 million per Ra Roberts 1 rate increase. In 1999 the city ear, the i ' year payment to the Corps of E gq eeIncrease rs . for fore one y Reservoir. As that was a fairly The Board recommended in tombet revenue into used nine1999 for thatostcrea e. The a fun ust co completed tr it was felt that within 5y wastewater increase was due treatment plant which was j was edincbe needed rease was n due h to the The increast another year another small rate sho;ld thellanout. dfill. ea:panding of I i 5 .pry., nMO , r I c f a 1. ur;: ,<y I bsedaNo Igendalte City of Denton City council minutes h~9 f August 23, 1994 u Page 4 { Council Member Miller asked what was the cost of the expansion of the wastewater treatment plant in order to be in compliance with the EPA regulations. Nelson replied that $6 million was required just to meet the higher EPA standards and the remaining was for the additional capacity for the plant. The Council convened into a Special Called Session on Tuesday, August 23, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tom Brock; Council Members Chew, Cott, Perry, Miller and Smith. 1 I ABSENT: None 1. The n the proposed 1994h95d City uofl Denton Annual Program of Services. The Mayor opened the public hearing. George Seely, Jr. stated that he wanted to address his concerns regarding the Denton Fire Department. He presented an idea to help fund more firefighter/paramedic positions for the City of Denton. There had not been an increase in firefighter personnel for the last 14 years while the population had grown by over 20,000 people. j His proposal included that the Fire Department would assume exclusive non-emergency ambulance service for the City in addition to the current ambulance services provided. He felt that this service would provide sufficient funds to) employ 18 new positions. The service would benefit the citizens by (1) providing a city- controlled, non-emergency ambulance service and generate revenue be reinvested in the fire department; (2) providing more firefighter/paramedic positions which were needed at little or no cost for the citizens; (3) bringing the City closer to Vie standards for key rate fire insurance; (4) allowing some of the positions to be filled by minority citizens of Denton; and (5) possibly reopening central Firo Station until a new station was built at Eagle/Carroll. He had been told by Chief Cook that Central would be a good location for this non-emergency ambulance service. He asked for consideration of this request. L.T. Hensley stated that he had talked with firefighters from I Dallas and Forth Worth who had the radar controls on their trucks I bx' and they indicated that it only worked about 404 of the time. He M understood that Denton's fire trucks would be equipped with this u same kind of radar equipment to change the traffic sijnals. He had iii R. ; V Vp, Y rat ~ ' ~ Y1 1 R t 1 i NI, i 1 City of Denton City Council Minutes ~enGaNa. August 23, 1994 ~g9}~3it8 Page 5 D' e talked with the firefighters in Denton who indicated that there was no way a five minute respon- t!re could be made to the Square. He would like to see the fire eca:'.~. and ambulance remain at Central. Arleen Morrison stated that she wai disturbed when the fire station was closed. As a member of the Board of Trustees of the First United Methodist Church, she represented their concern regarding the loss of the fire station stating this was a step in the devitalization of the downtown of Denton. Eddie Woodruff stated that the City was short of firefighters 15 years ago when he started working for the City and in that time period only 9 firefighters had been added. He urged Council to add soma additional firefighters. He was responsible for the recruitment of new firefighters and it was difficult as there were no positions available. He encouraged council to add more personnel in the next budget year. Mayor Castleberry indicated that the following were speaker cards received regarding the fire station issue from those in attendance who did not wish to address the Council: Chris Cowan, John Shrader, Jr., Arthur Seely, Sr., Norma Seely, Dow Huggins, Mrs. Dow Huggins, Paul Beadle, Frank Blake, Mike Gregory, Bill Thomas, Euless Tonn, Will and Opal Logan. Steve Pickett indicated that he wished to speak on a property tax credit for persons with disabilities. He stated that some disabled persons were faced with a choice of paying property taxes or delaying medical treatment or taking care of their property. He was proposing some form of tax credit so that all citizens could benefit from maintaining property values. If an individual could show that he was of limited income due to early retirement or a medical benefit and could show that he could pay for the upgrading of his home, then these costs would be given some latitude toward the payment of individual property taxes. i Don Harper stated that he had minor repairs done to his home last weeY. which he had to have a professional do while others could have done the repairs themselves. He supported the proposed tax credit. Irene Tribble was in support of the proposal. Ed Bonk stated that he spoke on behalf of the Seniors at the Senior Center. The Americans with Disabilities Act suggested easy opening doors for the Center. The present doors were hard to open for the Seniors and often closed too quickly hitting the person entering the building. He recommended automatic doors be installed in order to assist those using the Center. This item had been cut from the j r..y i` 0 f~ d. i ~ ' 'gonOaNo. U ~ City of Denton City Council Minutes IQe~dafte August 23, 1994 7tF~ t - ► Page 6 600 1993-94 budget requests and he asked that it be placed in this budget. I City Manager Harrell stated that the budget pad,age was for $7000 and staff would provide a report for Council at the next meeting regarding the proposal. , Tom Harpool, Sales Tax Advisory Committee, reviewed the history of the work of the Committee, The Council had asked if the Committee would monitor the results of the election. The Committee had a recent meeting which congratulated the City on a proposal to reduce the property tax rate by approximately 254. There had been a concern expressed of what this higher sales tax would do to lower I income citizens in the City. The Council asked the utility Department to look at a way to help the lower income group offset the sales tax increase. There was a recommendation for a reduction of the R1 electric rate which would offset the increase in sales tax. Silly Hubbard stated that she had a clogged drainage ditch behind her home and had 18 inches of water in her storage building from the last rain. She had asked for a clearance of the ditch and urged that extra money for clearing out problem ditches be included in the budget and a fund to assist with unplanned problems. I Don White stated that budgets were developed to guide spending in the coming year. From 1984 - 1994 Dentonts population increased 13,000 people. The total number of employees for the City of { Denton had increased 504 faster than the population of Denton. The total payroll 1984 was at $15 million and in 1993-94 was $35 million. The consumer price index during that period of time increased 344. When there were increases in utility rates and increases in taxes, what was seen as a nominal increase of 7-8t really doubled the amount of money extracted from the community. He took issue with the principle of annual increases in utility rates. It took money from Denton business and Denton residents. For a business, this was called a tax increase in utility rates. utility increase. When there were residents, this was called a For reside increases every year and the amount of expenditures extracted from the community were doubled, it had to be called a tax increase on business. He did not believe that the increases were needed for f the utilities. k"W Kay Williams stated that on August 3 he had a need for an ambulance. If the Central Station had been closed or no ambulance available, he would be dead. .r 1 i .ri N. J r l ~ +genAo4~*011'71Z: City of Denton City Council Minutes ~gelAugust 23, 1994 hte Page 7 -7 c% SLI Jimmie McMakin indicated that he was in support of keeping the Central Station open. Marie Landers indicated that she was in favor of the Fire r Department. 1 p Bill Miller encouraged the Council to look further down the road toward federal mandates for environmental protection which the City would have to fund. Before the City reached an impasse, it would be good to be in a position ahead of the mandate. If the City put d funds aside now, it would be able to fund those projects in the future. Thomas Webb indicated support for council Member Miller's suggestion of a citizen task force to study the fire protection issue. The Mayor closed the public hearing. 2. The Council held a discussion and gavo staff direction regarding the 1994-95 fiscal year budget. City Manager Harrell reviewed tho budget procedure for the remaining budget sessions. This meeting would review prior questions from the Council regarding the budget. The August 30th meeting would begin with an executive session and at 6s00 p.m. staff would begin a review of additional Council questions. The Council would be provided a list of all major budget issues for which a decision was needed in order to balance the budget. Council would also have an opportunity to place additional items on the budget list for final discussions. September 6th would be the final budget balancing session and Council would work through any major issues still remaining. The September 13th agenda would contain all the ordinances necessary to implement the budget including adopting the budget, establishing the tax rate and the ordinances implementing various fee increases. r. Jon Fortune, Management Services Administrator, reviewed the Council's budget questions and responses which were presented in the agenda backup materials. rf` (1) "'ax roll and effective tax rate. The overall growth of the City was up from 1993 with a current effective rate of $.6689 per $100 evaluation. The proposed budget tax rate of $.5645 was well under that effective tax rate. i (2) citizen complaint survey - a survey reviewed the various 's p,,licies of other cities to d6termine how they handled citizen Y5: , ` i fjtt x' d: E '~genCaNo q City of Denton City Council Minutes y~01~}di}g tS I August 23, 1994 1312 0~1 Page 8 IC6~ Z14 complaints. Several options were listed in the agenda backup materials. (3) Vision Project - a question had been asked regarding the i~ number of staff members involved in the vision project and the time involved. The memo indicated that most employees were exempt and no compensation was given for extra time on the project. j i (4) North Central Texas Council of Governments - a response was provided indicating a summary of services provided. (5) Cable Television - the response indicated the estimated television audience the Council had during its broadcast of the Council meetings. (6) Incentive pay program - the response was included in the City Attorney's status report. Council Member Perry felt that the answer regarding radio/television was not accurate information and he wanted it reworked. He felt it did not mirror the situation as to the, existence of radios in homes in the City. He felt perhaps 994 or ( even 1004 of the homes in the City had radios. s Richard Foster, Public Information Officer, stated that the response wars an attempt to distinguish among the citizens who had cable from the people who had radio. The assumption was made that everyone had a radio. The 354 figure represented those individuals without cable television but who did have radio. The 354 was for J those only confined to radio information. (7) Juvenile Diversion Task Force Committee - the memo addressed the first offenders counseling proposals Submitted to the Committee. City Manager Harrell stated that Harlan Jefferson was making a presentation to the DISD and next week would have a report on the reaction from the DISD. rounoil Member Miller asked if next week the Council would discuss the services offered and compare the alternatives for counseling. City Manager Harrell stated that Jefferson had taken all the ra r proposals to the Juvenile Diversion Task Force and the Task Force 6~ 'y would be recommending that a combination of the University of North t Texas/Texas Woman's University programs be used. I ;j LLy S ~ r e ? •4 j r % Y Y 1 A I ~ d. `~1 v J I ~pendauo y Agandalt City of Denton City Council Minutes OfltB~ August 230 1994 Page 9 (8) Number of contract landfill customers - response indicated the number of customers and the volume of those customers. j (9) Disabled Tax Exemption - several factors were involved regarding a disabled exemption. It must be adopted before May in order to be applicable for the coming fiscal year. Council could adopt an exemption this year and make it effective fo- the 1995-96 fiscal year. Council Member Cott asked if there was a committee set up to deal ` with the disability issue. City Manager Harrell stated that Bruce Hennington, Facilities Management Director, was responsible for implementing ADA compliance programs for the City. Mayor Castleberry stated that the minimum exemption was $3000 which would result in a loss of revenue of $2235. Fortune stated that that estimate was based on the total number of current exemptions given by the DISD. (10) Health insurance providers - an updated list of providers on the health plan was provided. f (11) Municipal charges survey - a survey done by the city of I Richardson indicated that Denton was in the middle of the list for I municipal charges but with the proposed change in tax rate for i Denton, it would be near the lowest rates. Mayor Castleberry asked that Lewisville, Gainsville and McKinney be added to the survey list. i (12) Visual Arts Center air conditioning Council Member Miller stated that one suggestion for this item was to perform an engineering study to deal with the air conditioning situation in the building. He suggested the idea of ceiling fans in the building. 4 Betty McKean, Executive Director for Municipal Services/ Economic 4 Development, stated that was not included in the report but staff would research that for Council. ` Council Member Smith suggested covering the windows in some fashion which might help cut the heat in the building and assist the air conditioner. W I rL I; ,I ~4♦ i.RM.WJ It I gsndaNo V I ~g6~dalSe City of Denton city council minutes atr , O August 23, 1994 Page 10 1 Mayor Pro Tom Brock asked if the windows were double pane. McKean replied that they were not. Mayor Pro Tom Brock suggested that another consideration might be to replace the current windows with double pane windows. City Manager Harrell stated that the building was not initially constructed by the City and th9re were some inherited problems. He felt that the Council was looking at some minimal costs to help with the building. Council Member Miller proposed that the City help fund the TTRIPS i Program which provided at-risk high school mothers with day care services while they attended school. The program was $12,000 short of funding. He proposed that the DIED provide $6,000 and the City provide $6,000 out of general funds. He also suggested looking at the 9 a reserve fund or set up a reserve fund possibility of usin for an additional fire station near the downtown area. 3. New Business The following items of New Business were suggested by Council Members for future agendas: I A. Council Member Smith presented a report from the Court Committee. They had studied the applicants for the Municipal f and now needed a date to part-time permanent judge position I~ interview the applicants. Mayor Castleberry suggested that the Agenda Committee work out a time for the interviews. With no further business, the meeting was adjourned at 8:20 p.m. 4 'nom` 4i r BOB CASTLEBERRY, MAYOR CITY OF DENTON; TEXAS 'A JEb-NIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO0206 a" cl y '6 J M r AgendiNo qt4 3 Agenda lte CITY OF DENTON CITY COUNCIL MINUTES Date 0" August 30, 1994 The Council convened into the Executive Session on Tuesday, August 30, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council considered the following items in Executive ! Session: t I A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 III 1. Considered claims of R. Rodriguez and J. Owens. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 i C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into a Special Called session on Tuesday, August 30, 1994 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 16 The Council considered approval of a resolution ratifying the amendment to the agreement with the Texas Department of Commerce for an Enterprise Zone. Debra Drayovitch, City Attorney, stated that this resolution would ratify the action of the Mayor. The City had submitted a boundary amendment to the enterprise zone in June. Several days ago the City had received information that a, amendment to the enterprise zone was due before the Council would meet. The Mayor executed the amendment so that it could be sent with the Georgia Pacific application for enterprise zone funding. Staff recommended 4 j approval of the resolution. The following resolution was considered: NO. R94-048 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF COMMERCE FOR AN ENTERPRISE ZONE (ENTERPRISE ZONE 11) WITHIN THE LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE y CITY; RATIFYING THE ACTION OF THE MAYOR IN EXECUTING THE AMENDMENT] AND PROVIDING AN EFFECTIVE DATE. hip f h n t • e Y l I agenda No 9 ~ N Ar~anda!(e~ City of Denton city council Minutes August 300 1994 Z ^ , , Page 2 ~~the"resolution. aye On Crol hew Perry motioned, Brock seconded to approve vote, Brock "aye", Cott, aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 2. The council considered adoption of an ordinance approving the 1994 appraisal roll. Kathy DuBose, Acting Executive Director for Finance, stated that to approve the the roll appraisal after roll. the tax h rate was l et al . the i also be ordinance required would The following ordinance was considered: NO. 94-156 EFFECTIVE DATE. THE 1994 N F ROLL AND PROVIDING OR TEXASF APPRAISAL on roll Chew motioned, Perry seconded to adopt the ordinance. voteBrock ""aye", yCott, , Maor 11Ca Castleberry "aye. tionecarried "aye", Perry Y unanimously. 3. The Council received and considered answers to questions on the 1994-9year budget. city Manager Harrell reviewed the supplemental topics from the August 23, 1994 Council meeting. (13) Cable Television - Radio Audience - this item addressed the question regarding radio audience. (14) ADA compliance Council had concerning pADA rocedures - compliance. item addressed the question (15) Sprinkler systems and building on the Square - Veronica Oglesby, Administrative Assistant, stated that staff was asked to study the feasibility of installing sprinkler systems in buildings around the Square. Based on that research, the findings l' could be separated into four parts; the current policy, the cost involved, the financing alternatives, and staff recommended options. The CityFs current policy followed the guidelines i established by the Uniform Building Code requirements. Buildings constructed after June It 1991 of non-combustible materials and r having more than 10,000 square feet were required to install sprinklers. Those buildings constructed after June 1, 1991 of non- j 1a , 117 N t a~ ~ r y I ~ t ~ a i gendaNo City of Denton City Council Minutes a~3nda ~2R_ August 30, 1994 Page 3 13tr ~q 130 2..y combustible materials and having more than 5,000 square feet were also required to instal] sprinklers. Buildings which made additions or enlargements where the total square feet of all of the additions exceeded 10,000 square feet or the total additions exceeded 25% of the square feet of existing building prior to June 11 1991 were required to install a sprinkler system. Since the building around the Square were constructed prior to June 1, 1991, they were considered legal non-conforming uses and could not be required to install sprinklers. According to the Fire Marshall and the Fire Protection Engineers, the cost to install sprinklers in the buildings on the Square would be approximately $1.50 per square foot to install as a part of new construction and $4.50 to retrofit a building for a sprinkler system. The cost for most buildings would be approximately $12,000 to $20,000. Conflicting information had been received as to whether insurance premiums would increase or decrease with a sprinkler system. There were five possible financing alternatives associated with this issue: (1) Using the General Fund or utility revenues to assist property owners with the installation of sprinkler systems on the Square. The Legal Department indicated that an initiative of this type other than for use on historic sites might violate the State constitution regarding the giving of gratuities to private businesses. The only funds which might be used must comply with the guidelines for the use of Lalor funds. (2) P•:oviding tax abatement relief for historic buildings. The Texas Tax Code indicated that a city could exempt from taxation, a part or all of the assessed value of a structure if it was designated by the governing body as a historic site. The current tax abatement ordinance exempted 50% of the assessed value for historic sites. An initiative of this type I could be uses to provide an additional abatement to those who I installed sprinklers. Currently there were 25 historic designations in Denton. Sixteen of those existed in the Oak- Hickory Historic District, five in the immediate Square area and four others located in the Central Business District. (3) Using hotel/motel tax funds. The Texas Tax Code allowed the use of Lalor funds for historical restoration and preservation projects or advertising which encouraged tourism in historic sites and museums. t If Council found that installing sprinklers met these requirements, the Lalor funds could be used. The revenues each year were limited as almost all of the local tax authorized by State law had been allocated. (4) Providing a tax abatement. Council would designate a sprinkler district and the buildings in such a district could qualify for tax abatements if sprinklers were installed. This option would require an amendment to the current ordinance and only the excess assessed value generated by the improvement could be abated. (5) Establishing a public improvement district. Designation of a public improvement district was authorized by the Texas Local Government code and provided improvements or services 4, t ' r +gendaNa u * ~1 City of Denton city council minutes ;g3nda tee August 30, 1994 + ) Page 3 ,~It _110J.- 134 f `~J / combustible materials and having more than 5,000 square feet were also required to install sprinklers. Buildings which made additions or enlargements where the total square feet of all of the additions exceeded 10,000 square feet or the total additions exceeded 25% of the square feet of existing building prior to June 11 1991 were required to install a sprinkler system. Since the building around the Square were constructed prior to June 1, 19918 they were considered legal non-conforming uses and could not be required to install sprinklers. According to the Fire Marshall and the Fire Protection Engineers, the cost to install sprinklers in the buildings on the Square would be approximately $1.50 per square foot to install as a part of new construction and $4.50 to retrofit a building for a sprinkler system. The cost for most buildings would be approximately $12,000 to $20,000. Conflicting information had been received as to whether insurance premiums would increase or decrease with a sprinkler system. There were five possible financing alternatives associated with this issue: (1) Using the General Fund or utility revenues to assist property owners with the installation of sprinkler systems on the square. The Legal Department indicated that an initiative of this type other than for use on historic sites might violate the State constitution regarding the giving of gratuities to private businesses. The only funds which might be used must comply with the guidelines for the use of Lalor funds. (2) Providing tax abatement relief for { historic buildings. The Texas Tax Code indicated that a city could exempt from taxation, a part or all of the assessed value of a structure if it was designated by the governing body as a historic site. The current tax abatement ordinance exempted 50% of the assessed value for historic sites. An initiative of this type could be used to provide an additional abatement. to those who installed sprinklers. Currently there were 25 historic designations in Denton. Sixteen of those existed in the Oak- Hickory Historic District, five in the immediate Square area and four others located in the Central Business District. (3) Using hotel/motel tax funds. The Texas Tax Code allowed the use of Lalor funds for historical restoration and preservation projects or advertising which encourrged tourism in historic sites and museums. If Council found that installing sprinklers met these requirements, the Lalor funds could be used. The revenues each year were limited as almost all of the local tax authorized by State law had been allocated. (4) Providing a tax abatement. Council would designate a sprinkler district and the buildings in such a district could qualify for tax abatements if sprinklers were installed. This option would require an amendment to the current ordinance and only the excess assessed value generated by the improvement could be abated. (5) Establishing a public improvement district. Designation of a public improvement district was authorized by the Texas Local Government Code and provided improvements or services j h i' { k -01q ~eadaNo City of Denton City Council Minutes a~o~d21t8 August 30, 1994 W Page 4 `G{d} to a designated area. Public Improvement Districts were funded by income by the assessment generated from property owners in the district. To initiate a public improvement district a petition signed by owners of more than 501 of the appraised value of taxable real property and one of the following two options - owners of more that 501 of the area per square foot of the taxable property or more than 501 of the record owners of the rail property. The Texas Local Government Code authorized Improvements such as water, wastewater, public safety, security, business recruitment and development. Staff felt that no one program would be effective but a combinaticn of programs was recommended. Such a program would include a tax abatement for improvements, tax relief for historic sites with additional tax abatement for buildings with sprinklers and the use of Lalor funds. Mayor Pro Tom Brock aeked if individuals interested in the formation of a public improvement district and sprinkler district would have to vote on whether to create such a district. Oglesby replied yes that a petition would have to be received from more than 501 of the appraised value owners and then either a 1 petition from 501 of area owners or a petition from more than 501 of the record owners. City Manager Harrell stated that staff was not recommending to proceed with the option of a public improvement district. Creating a sprinkler district would result in an amendment to the tax abatement policy. The City could set out an area for such a district and a business located in the area would qualify for additional tax abatements. Mayor Pro Tem Brock stated that a public improvement district would be an area where the majority of the property owners would agree to tax themselves while in a sprinkler district the businesses would simply become eligible for additional tax abatements. Council Member Cott felt that this would not be a valid system if not all the businesses participated. i+ City Manager Harrell stated that the installation of a sprinkler system in any building would be advantageous. Council Member Millar felt that the use of tax abatement alone would not be much incentive. If iC0% of the taxes were abated, it ± would take approximately 20-74 years for a business to recover the + cost of sprinkling the building. He felt there was a need to find out the interest in sprinkling the buildings. I 1 1 N ~f y~{ 4f N .ry ` Ir it ,Y we .n. 'i agendaNo t City of Denton City Council Minutes AgWO August 36, 1994 Dale 16 ' 1 Page 5 ,oo City Manager Harrell stated that no one single program could be used exclusively and encouraged involvement in the program. Three programs under a unique set of circumstances might promote tho program. i Council Member Miller stated that with the tax incentive portion, j even if loot of the tax were abated, the dollars would not be available. He felt that the financial incentive was quite limited. City Manager Harrell replied that that would be correct except if the sprinkling was done as a part of an improvement which was going to be done anyway. This would be an incentive to proceed with a sprinkler system. Council Member Perry felt that it would be a good idea to carry j forward with the staff discussing the options with the property j owners to determine if they were interested in proceeding with the i project. Council Member Cott felt that the sprinkler concept was not the whole concept and that the Central Fire Station was also a part of the situation. Mayor Pro Tem Brock agr.ored that it would be a good idea to pursue the alternatives with the property owners. She did not consider these incentives as an alternative to adequate fire protection and suggested a continued discussion regarding the staffing of the fire department and the placement of fire stations. Council Member Smith stated that monitored smoke alarms might be another option for the downtown area and might be another method for the early warning of a fire. Mayor Castleberry stated it was important to be concerned about the City's historic buildings. He felt that Council wanted staff to look into the possibilities of a combination of the proposals including monitored smoke detectors. Staff would work with the property owners and return with a work session item. City Manager Harrell stated that staff's intention was to hold e'. meetings with the area merchants, review the possibilities and R' solicit input and suggestions for modification. 't'hose would then be brought back to Council for Council deliberation. Council Member Smith suggested including information regarding monitored smoke alarms for the merchants, r p~yr" 19, j (16) Automatic doors at the Senior center yw , Vie" r 1 r 0 4W Atl r I yb~ ypF 1 Ag9ndaNo ak. CGq f City o:: Denton City Council Minutes Agand0e; August 300 1994 Page 6 W10--,1~/~&'~`~ V4 Bruce Hennington, Facilities Manager, stated that there were two options regarding automatic doors at the Senior Center. One was to install automatic doors similar to what was at City Hall at a cost of $2,900 and the second option was to install one set of automatic doors similar to what was at a grocery store. Council Member Cott asked if option one could be installed with automatic opening at a lesser price. Hennington replied that the door at City Hall was run by push button which would open the door. It was timed to remain open for a designated amount of seconds and then would close. This type of opener would be needed for both sideat of the door at a cost of approximately $2,900. Mayor Pro Tom Brock felt that the people at the public hearing had a valid point regarding the doors at the Senior Center. Those were difficult doors for the elderly and felt that an automatic door was needed. She felt that the grocery store type of opener would better fit the needs of the Center. I Council Member Smith felt that it night be awkward to have doors opening into people and agreed with option 2. Mayor Castleberry asked about the ADA schedule for the Senior Center. Hennington stated that all requirements in that building had been completed and only the ten-sis center had uncompleted items. Council Member Chew stated that there was a need for the doors and that Option 2 should be included in the budget. i (17) Space expansion - The remaining building projects were City Hall West and City Hall. City Hall West was on a good time line and should be back to Council with bids for the building remodeling for the Planning and Engineering Departments. The budget for City 4~, e J Hail West wt+s very modest. one Item bid as an alternative was the installation of fire sprinklers in the building with an estimated cost of $80,000. That amount was not included in the project budget. Council might want to address that during the budget I discussions. The current City Hall had only $224,000 budgeted for the entire building and with the expectations of the Council on how the building would be done, there would not be enough allocation of funds. An option to deal with the issue was to set aside some ;fit additional funds from this budget in a reserve account for City Hall remodeling or push tha project back a few months to work out s fir, alternatives and deal with it in the next yearts budget. . , I f 2 A ~r i.,,ti i4k• i, A, 1 r ~ J:V ~a~dzlter~ OCS City of Denton City Council Minutes 17~ August 30, 1994 !i"1 Page 7 Mayor Pro Tom Brock stated that the City had applied for a grant for a sprinkler system for City Hall. West and questioned when the. City would learn of the outcome of that request. City Manager Harrell stated that there were several steps involved in that issue. 3 Council Member Miller stated that Denton'a project was ranked 10th out of the tentative list sent for COG consideration. City Manager Harrell stated that once that local step was cleared, the next step was to go to the State for rankings. Mayor Castleberry asked if the City could proceed with the funds for a sprinkler system and if the grant was awarded that money would be freed up so that the time frame wovl^l not be slowed down. Svehla replied that if funds were spent before receiving a grant, that money could not be reimbursed. Staff was in the process of i finding out more about the ranking of projects and the time table regarding the grant. City Manager Harrell stated that staff would look at the award schedule and modify when to award the bids to fit that schedule. If the City did not receive the grant and did not put $80,000 in the budget for the sprinkler system, there would be a problem. It would be a lesser problem if $80,000 could be earmarked ahead of time. s Council Member Perry felt that if the renovation of the City Hall were delayed, the costs of the project would rise. He was in favor of setting aside money for the project which in the long term would save money. Mayor Castleberry felt that it was important to proceed with the } a project and Council should set aside funds for the renovation. There was a need to have a sprinkler system for City Hall West and the City should set the example for sprinkler systems. He stated that when it was appropriate during the budget discussions, he would like to have Council consider setting aside funds for further renovations for City Hall West and Ctty Hall. 711 J, Council Member Smith asked if the grant was approved, would 100% of thb costs be covered. Svehla replied that the grant was submitted with matching funds. { i . ~ y I I J I r,~~allem6..r City of Denton City Council Minutes August 30, 1994 Page 7 Mayor Pro Tem Brock stated that the City had applied for a grant for a sprinkler system for City Hall West and questioned when the City would learn of the outcome of that request. City Manager Harrell stated that there were several steps involved in that issue. ' Council Member Miller stated that Denton's project was ranked 10th out of the tentative list sent for COG consideration. i City Manager Harrell stated that once that local step was cleared, the next step was to go to the State for rankings. Mayor Castleberry ask-ad if the City could proceed with the funds for a sprinkler system and if the grant was awarded that money would be freed up so that the time frame would not he slowed down. Svehla replied that if funds were spent before receiving a grant, j that money could not be reimbursed. Staff was in the process of finding out more about the ranking of projects and the time table regarding the grant. City Manager Harrell stated that staff would look at the award schedule and modify when to award the bids to fit that schedule. If the City did not receive the grant and did not put $80,000 in the budget for thq sprinkler system, there would be a problem. It Y would be a lessen problem if $80,000 could be earmarked ahead of time. Council Member Perry felt that if the renovation of the City Hall were delayed, the costs of the project would rise. He was in favor of setting aside money for the project which in the long term would Sava money. Mayor Castleberry felt that it was important to proceed with the project and Council should set aside funds for the renovation. There was a need to have a sprinkler system for City Hall West and ' the City should set the example for sprinkler systems. He stated that when it was appropriate during the budget discussions, he ! would like to have Council consider setting aside funds for further renovations for City Hall West and City Hall. Council Member Smith asked if the grant was approved, would 100% of the costs be covered. s"14 Svehla replied that the grant was submitted with matching funds. i 1 1 ~endaNo qu'~ City of Denton City council minutes Ag7rida!W ~g~ August 30, 1994ae_~ ~p Page 8 X9 4 Council Member Smith stated that the estimates from an earlier report stated that $80,000 would not do the entire project. John Cook, Fire Chief, stated that the cost for both buildings had been estimated at $100,000. This was an estimate from a contractor and an engineer at $4 per foot. He felt this was very high and that the cost would be closer to $2.50 per foot. (18) - Teen Court - Harlan Jefferson, Treasurer, stated that Council had reque6ted staff to investigate implementation of the Juvenile Diveruion Task Force recommendations. There were three items to investigate for Council consideration. One was to obtain i office space for Youth and Family Counseling. Their proposal 1 required the City to provide office space and utilities and originally it was felt that such space could be donated. That did not work out and as a result, staff began contacting agencies in Denton which might allow the service to use their facility. RSVP a expressed an interest and would charge approximately $4200 for office space which would increase the cost of the Youth and Family Counseling proposal from $27,091 to $31,291. The second area of investigation was to contact agencies for support for implementation of the Task Force recommendations. A presentation s had been made to the DISD Board and was well received. The Board i could not vote on the item as it was not listed on the agenda but j would be discussing the proposal at a future work session. i l Discussions had also been held with the Denton County Bar Association and there was an indication that they would be willing j to serve as judges for the Teen Court. The Boy Scouts of American I1 had been contacted and they would be asking permission to help sponsor the Teen Court. The final area of investigation was in the area of public counseling. Staff had received three other proposals for counseling from THU, UNT and the Counseling Center of Denton. A core group of the Task Force met and discussed these proposals. That group was recommending that all three of the local proposals be used as opposed to Youth and Family counseling as it was felt that a coMination of the services would be more beneficial to Denton. The Presiding Judge would determine which agency to use. Assuming that DIED provided one third of the funds and if the revised recommendations were accepted, the total cost for the proposal would be reduced from $48,031 to $31,750. It was felt that if implemented, the recommendation would reduce the work load in Municipal Court. Mayor Pro Ten Brock stated that staff ;could continue to work with the County for funding. Jefferson stated that staff was still working with the County but was using different avenues. Staff did not want to assume the .Yi fiM, E 1 f a t 3 '~►daNv q y City of Denton City Council Minutes {9eaQ3f1 August 30, 1994 Page 91:k l90~ 2 County would make a contribution for budged; implications. Council Member Miller supported the idea of moving ahead. If the DISD provided one third of the costs and the County did not provide funding, the City's costs would be $18,600 for the next year to i implement all of the recommendations of the Task Force. The Task Force was satisfied that all of the counseling services would be ; adequate and had a similar quality. Jefferson replied correct. All agreed that it would be a better option to use local facilities. City Manager Harrell stated that in order to balance the general fund, $3,360 of lost revenue would have to be added to the $18,000 to get a true increase for budged costs. Jefferson stated that the cost would be $18000 with a revenue reduction. City Manager Harrell stated that the impact on the budget would be $22,009 assuming the DISD provided one third of the costs. Council Member Cott stated that the DISD had set up a special program for their disciplinary needs and the City had to deal with those problems. He felt it was necessary to have people pay for l services. (19) Drainage concerns at 3011 Santa Monica Drive - a report was J presented to Council on a citizen concern regarding drainage. i i Council Member Cott felt that the problem was the whole drainage channel. Lee Allison, Director of Water Engineering and operations, stated that the western most lot line for Lot 6 in zone X was subject to a 500 year flood. The flood plain boundary was 2 3's.ove Without any improvements, a 100 year flood would rise toe that G F,4; level. The home and foundation appeared to be above the 100 year flood area. The next area was the flood way and was the area where building was not allowed. There was a storage building located in 3 that area. Studies and maintenance work were being done in the area. ~ r I r. Mayor Pro Tem Brock asked about flooding in the Wisteria Street i area. She asked if there would be a treatment of the problem in the f{ upcoming CIP. Allison replied that he was not aware of it in the CIP. + C try, « . A&I Ai. I e, r G ~perf~aNo ~ ' ~7 Agaa~alt City of Denton City Council Minutes August 30, 1994 Page 30 oog2u Svehla stated that there was a report in Item 24 regarding the CIP projects. There was a project on wisteria which was recommended by the Planning and Zoning Commission and the 191 Committee. (20) Visual Arts Center Air Conditioning Options Bruce Hennington, Facilities Manager, stated that there were four options to assist with the air conditioning problems at the Visual Arts Center. (1) Hire an engineer to do a study and evaluate the air conditioning problems at the Center; (2) Install a ceiling fans in Festival Hall; (3) Install screening materials on all windows; and (4) install double pane windows in Festival Hall. Mayor Castleberry asked how much the ceiling fans would help. Hennington stated that Richard Foster's letter indicated that fans + could produce a chill factor from 3-5 degrees. Council Member Hiller suggested installing the ceiling fans and to wait with the other options to see if this would do the job. (21) - Health insurance rates Tom Rlinck, Director of Human Services, stated that the City was experiencing a positive experience with Harris Methodist Health Plan. Claims for the three month experiences was a 142% loss ratio which was very high. Half were in catastrophic claims but the City would need to see that trend reduced as the City moved throughout the year. One option from Harris was a no rate increase which would maintain the current options. The second option was a 2.5% rate reduction if a new prescription drug program were initiated with a split co-pay plan. Either option was a considerable difference from the proposal of an 8% increase. A majority of those present at a recent Employee Insurance committee meeting and ,rr;r a majority of the Executive Directors agreed to accept renewal for I the drug rider and a 2.5% rate reduction for employees. A majority of the employees would experience a $4 decease per month in ;qtr. ( premiums. one area of concern was not covering the smoking `k cessation patches. TGe Employee Insurance Committee recommended using $3,000 to help with one half of the cost of a one time six month smoking cessation treatment. A letter had been written to ' Harris Methodist regarding the use of Denton Regional Medical Center. Harris was in final negotiations with an anticipated „ response within 3-4 weeks. R' (22) TTRIPS - this was information for Council regarding a program run by the Denton IED. i ti. -;g 6ndaNo Apanda~te City of Denton City council minutes ~Se August 30, 1994 r1,r Page 11 910;2 (23) Street lighting - street lighting expenses for the upcoming budget had been underestimated and $35,000 would have to be placed in the budget for street lighting expenses. (24) CIP program Jon Fortune, Budget officer, stated that at a prior Council r meeting, the 191 Cormittee had presented several options to Council which would enable the City to postpone a bond election for one year. He reviewed those optione as detailed in the agenda backup materials. council Member Cott asked if First Southwest had been contacted regarding not delaying a bond election due to the ever changing interest rates. City Manager Harrell stated that the timing for holding a bond election was not the critical issue on interest rates. i } (25) Municipal Cost Survey - this was information provided for Council after including Gainsville and McKinney in the survey area. (26) and (27) Fire Station Relocation Analysis and Fire Department Staffing Options Rick Svehla, Deputy City Manager, stated that Council had asked about station locations and recommendations for locations. In 19910 staff had presented some possible locations. Given a choice, the best location would be at a different location from either one of those two proposals. There was a great deal of overlap if both of those stations were occupied and there were advantages and disadvantages to each. in 1991 Station Three was recommended based on the financial situation of the time. The beat strategy was to build another station rather than occupy both stations. There were reserve funds available to find a new location in the area if desired. S^ Council Member Cott stated that from the calls he had received, the feeling was to reopen Station One. People viewed this as a principal entrance to the City and if anything happened in the a W' area, it would be eery serious. Council Member Miller stated that the perception was that the location for a fire station was downtown. He had many calls and t { contacts with citizens regarding this issue and had not heard from anyone who did not want a station downtown. This was a budget issue. Council was faced with making a decision between services and the cost to citizens. The basic decision made in 1991 was a 4 f 4 5° r . r a ~ i L~ V5 Benda No City of Denton city council Minutes agand20-1 G/ August 30, 1994 k112 Pa ge 12 0 budget issue and it still was a financial issue. He felt that Council needed to find out if the citizens were willing to pay for the stations prcposed getting information which would enable . He year and Council to temporary 1 looking at the possibility of reopening Station One basis on a this basis while looking at the options of havirq a permanent station in the downtown area. He asked if Item 26 and Item 27 could be f combined as it was not just a location issue but also a staffing issue. He requested the figures on adding three firefighters in January and three later in the year. He asked how many additional # firefighters were needed to adequately cover fire protection in the City. This would make the citizens aware that this was an issue of dollars for new firefighters and new stations. He suggested Council look at the budget to put in place the possibility to take the necessary steps. Council Member Smith asked for figures regarding the cost of overtime and l that would be affected if more rs firefightes were would the number of firefighters hired. How and were there different standards which had to be met. Mayor Pro Tem. Brock stated that she had received much comment regarding this issue from citizens. Those who were supporting for budget downtown considerations. she felt that reasonable sometimes better responsible coverage decisions made sense from a technical standpoint but not from a practical standpoint. Possible placement of a future station on Carroll Blvd. would require the consideration of future planning issues. Council Member Cott stated that perhaps the Council did not have to just look at the fire budget in this case. There might be the ability to take dollars from another part of the budget for 1995. Council Member Miller stated that he still had some questions for Chief Cook regarding staffing and station locations. Mayor Castleberry felt that there was a need to decide why additional firefighters were needed. He felt that Council should hear from Chief Cook after the information was gathered and what r,.. his opinion was regarding the issue. He asked if overtime were taken out., how would that affect the income of existing t firefighters and how they budgeted themselves. Council Member Ailler asked for Chief Cook's input. a, Mayor Castleberry asked if Council wanted to hear from Chief Cook j y. at this meeting. 1 ~►IoltFci~i ~ d 44~V r,. r . . 1 r . h:JTJ~ r• ~AendaNo 9 City of Penton City Council Minutes August 30, 1994 a~3fl~ail8 Page 13 Dace_ rr&,~ L r 3 oa a-, I Council Member Chew stated that he would like to have the Chief do some research and return with the data to the Council at a later date. Council Member Perry asked that the research include coverage, response time, key rate, and all factors involved in how many men and stations were needed. C (27) Fire Department Staffing Options Rick Svehla, Deputy City Manager, stated that as part of Council's i discussion at the last meeting, questions had been asked regarding staffing and suggested staffing levels. The Fire Department operated on three shifts. If different manning strategies were considered and more added stations, there would be a need to do personnel in multiples of three becauso multiples of three allowed ~ personnel to be added to each shift which allowed more flexibility over all the operation. Three was the minimum with additional costs due to overtime, sick leave and vacation, c. He recommended if more firefighters were hired, that it be done in groups of three to assist with scheduling. The second issue dealt with the transfer s of ambulance service. It was felt that this was a good idea and might generate some revenue for the City. Staff was researching with the Legal Department the issues involved with an exclusive r service in Denton. t Council Member Miller asked for the cost figures of adding six firefighters on the basis of hiring three in January and three in July. He suggested reopening station One until a decision was made I` regarding the overall concept for the City. j Mayor Castleberry indicated that he had Speaker Cards from Norma r Seeley and Art Seeley who supported the Fire Department. a Ken Gold stated that the City needed more firefighters. If the - Council was considering adding more firefighters, he urged the Council not to increase the level of service. 4. The Council discussed and considered the listing of major budget issues and gave staff direction. City Manager Harrell stated that at the next Council meeting, staff and Council would work through the various issues of the major budget report and then would consider the items added at this meeting. He asked Council if there were other major issues to consider which needed to be added to the list. rA ~ p i r M' :17t~}t r Y a' f r I . \ Nnw] f i VX4'G oIdaNo City of Denton City Council Minutes 4~301?a~t August 30, 1994 Data Page 14 Council Member Chew requested consideration of additional part-time staffing for the MLK Center. City Manager Harrell stated that that was a package which was requested but not recommended for funding. i Council Member Miller asked about a tax abatement for the handicapped. Mayor Castleberry suggested using the same level as the DISD. ' i Cityy Manager Harrell stated that the utility fund issues would also be i.neluded in the discussion for the next week. Mayor Pro Tem Brock stated that when the Council got to the point of deciding on a tax rate, she would like to review the legal requirements for reducing the ad valorem tax in proportion to the income from the half cent sales tax and what the Council was required to do and what it could do in those terms. 5, The Council held a discussion and gave staff direction 4 regarding additional issues concerning the 1994-95 fiscal year V1 _ budget. r y I 1 This item was not considered as it was included in Item 4. Mayor Castleberry stated that staff was recommending a 24.5% decrease in the property tax and he would like to make a major j budget issue to round off that decrease to 25%. With no further business, the meeting was adjourned at 8:30 p.m. i i BOB CASTLEBERRY, MAYOR CITY OF DENTON 1', ,;fir r JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ' ACC00207 'e jar Rrk' ~ • ~ s.- ~ .t CITY, _ UNCI CO tpr t~ ~t t rr: .r. y i i , CITY COUNCIL FpO~! e,~~~~0~ r DATE. October is, 1994 p0A?~ait~r 70: Mayor and Members of the City Council PROM: Lloyd V. Harrell, City Manager l SUB,7ECT: Variance to Section 34-124 of thet Code of Ordinances, pertaining to drainage improvements for New Place Addition RECONM NDAT2~(; The Planning and Zoning Commission recommended approval August 100 1994 public hearing, by a vote of 5-0, at its This petition submitted by Gene and Wanda Wright for New Place I Addition is to request a variance of Section 34-124 of the City of f Denton Code of Ordinances. Section 34-124 requires that all ~ drainage ways that carry an amount of water which could be handled a in a 48 inch pipe or less to be installed in an underground pipe system as opposed to a channel. The apl.icant the drainage way across the northwest corner of theses to leave property in its natural state and to dedicate an easement large enough to encompass a 100 year storm. in accordance with applicable' Section 34-7 of the Code of Ordinances (Variances and Modifications), the City Council may grant a variance of all of the following criteria have been met: 1. Granting the request would not violate any master plans as defined by Section 34-5 of the Subdivision and Land k Development Regulations. 2. Th,a special or peculiar conditions upon which the request is 1 based relate to the topography, shape, or other unique physical features of the property which are not generally I common to other properties. i 3. The special or peculiar conditions upon which the request is bbased did not result from or was not created by the ownerts any prior owner s omission. Planning and Zoning Commission recommends a variance. Granting the variance will not cause violationfoftany of the City's Master Plans. The Master Drainage Plan does not indicate any specific type of improvement for this drainage way. EY,} { The request is based on an unusual physical circumstance in that this drainage way cuts only across the far north west corner of this lot and is bounded by the UNT Golf Course on either and. It " would not be practical or reasonable to install a short segment of pipe between two sections of natural channel which will most k 'Prior to August 30, 1994 This application was made prior to effective date of the new ordinance. r. ' Yfr64J ~.v , qu- 03LA likely never be developed. The boundary i is hnoy tg ° ~ has been established for many years recent owners actions. R1CY ROUN Z~ The proposed preliminary plat contains a single lot of 2.616 acres located at the end of wisteria north of Willowood. The applicant is proposing to construct one single family residence on the propertye ! ~nc;R~tn4,,_,, _DEPAR'BiE2£~'S 4R G~4U3 AFF'ECTESl: f Property owner q gIS T~.~neas~= li Il/A 1 1. Location Map 2. Plat Indicating Variance Location I submitted: f Recpeo lly I } a; ~ }d A S ell , arr I yd. V, H , city Manager a ~ t y + Prepared by: T ` Debra Goodwin Urban Planner ? 1 3 A oveds ' ,z ? ' ;n F ar►k Robbins AICP ~t d Bxacutive 'Director Planning and Development ~1 is I I d d L 1 1" i I'? (C9ryryW 'dd.! C [ I ell ~ P 1 ~ ~ 1 ~w } t(( fn i. e~` v l f i . 44M1 1t1 y .rir4l,,'J+IV'.w pal«. r,w....,. o . I r T : -1Y~ ATTACHMENT 1 PP•94.051 New Place A,ddllloa :endaN a-o 0- 1'9-q L4 sorb f SITE 0 HLO WILL ao~o i 1 I I 1 ° y~ . 1 ' r'" a F e r e' "Hon 81mp Dila 614194 $cola None r 1,' 4 a~ i r 4 , ATTACHMENT 2 agondaNo. 1 u Ag°nd:itA PP 94.451 New Place Addition We--A '9 RTH a 0.S` r sr -I zaw~w Do / ~ F 411.16' / ♦ it - + . LOT 1 If BUD K A 1 n 2.818~ACRE 346 s' - sr-7 r° Ia STRIDGE ' -•j--- - SO' - - 1 FIVE r 4' I toff , I r , 1, f! f I 7 It r 1 CO R \ i r tl dp\' . l +60'~ I SOCK { I I Le 6 • ii u, / wr +f -J + l \ 7 n ZON As 1 _ i 7 IOM + \ a10 1 r I J1, ~n "Ilk t 1 1 „ LOV IQ `t = ~ 9 ~ ~ • ' I '',gym.,. ~ . r y ; - Prcllminaly plat 4 bate: 9/22/94 Scale: None ' 'w...gwA'v AMeew.an~wq. 1'J 4.Y'Fi~bl!U'4:.•.,y.r.. :t Y 1 Minutes 49~nOd'te S Pit Commission August 101 1994 Page 8 (_'l recommends approval. If Mrs. Russell: I don't understand accessory building. Mr. Yost: A workshop or that type of thing. Dr. Hueys is your recommendation that the building shall not exceed "20i or" be deleted? cor should be deleted should be deleted. the words" of the Mr. s entire main Dr. Hueys is petitioner interested putting in an accessory building? Mr. Yosts At this time they have not expressed any interest in an accessory building. Mrs. Russells Is there anyone here to speak on behalf of the petition? Anyone to speak in opposition a the peetitior8r? Public hearing is closed. Any qv motion? Dr. Huey: I move that we approve the recommended revisions to GR-o any auxiliary buildings pton400usquare feet. Ce and to Mr. Nortons I second the motion. Russells All in favor of the motion? Any opposed? J Mrs. Mahon carries (5-0). V. New Place Addition. V:ls 2.616 acre tract is located at the end of Wicteria, north of Willowwood. a. Hold a public hearing and consider variances to the Subdivision and Land Development Regulations regarding installation of a cul de sao and drainage improvements for New Place Addition. 4• Staff report by David Salmon. licants for this variance are Gene and Wanda Wright, The app i they are the owners and developers of the New Place Addit on. 1 It is located at the north and of Wisteria St., adjacent to the University of North Texas Golf Course. They have applied for variances of Section 34-114, Article 11 concerning cul de sacs and dead end streets. Also, SA system 2 iir Article W® Paragraph 3 concerning drainage pip ystem requ , 4. A;f orcaWo~~_. u Minutes P&Z Commission Apda~lem! August 10, 1994 r , _q Page 9 ate ~ 21 notified 7 people of the variance. We received one response in favor, section 34-114, Article 11 requires that every dead end street on which there is located a building lot, which does not have access to any other street, be developed with a cul de sac. The applicant in this case, proposes to dedicate a 30 x SO foot piece of right of way at the end of Wisteria St., but does not propose to extend the pavement. The ordinance requires a cul de sac which could be where I have indicated. They have not proposed to extend the pavement in any way or build the cul de sac. Section 34-114, Article F, Paragraph 3 requires that all drainage ways that carry an amount of water that could be handled in a 48 inch pipe, be handled with an underground drainage system. There is an existing drainage swail that comes across the edge of the golf cross and cuts across the corner of the Now Place Addition and then back onto the golf course. The owner is proposing to leave this drainage course in its natural condition and dedicate an eaeement large enough to encompass the 100 year storm. That way, they will be assured of not having any building in that area that would be inundated by the 100 year storm. In accordance with Section 34-7 of the Code of Ordinances the commission may recommend to the City Council that a variance { be granted if three criteria are met. The first criteria being that none of the cities master plans be violated. The I second condition is that there be some unusual physical I feature or shape of the property. The third one is that if there is some kind of unusual feature to the property that was not created by the owner. Concerning the cul de sac variance, staff does recommend denial as we do not feel there is any unusual circumstance that would preclude the construction of the cul de sac. At this point, I would like to point out a variance that some of you isay remember. We had a variance at the and of Chaquita Dr. several years ago, it was similar but different. Staff had recommended the variance with some conditions. In that case, there was a good chance that Chaquita St. may actually be extended at some point. In that case, building a cul de sac turn around could possibly have been a temporary thing. There were also several very nice Oak trees that would have to be removed in order to build this temporary cul de sac. We felt that for a temporary cut de sac, removing a lot of nice oak trees probably wasn't of good value. In this instance, with the golf course surrounding this property, it is unlikely the street would ever be extended. To my knowledge there are no protected trees where the cul de sac might be built. i' i'x• r s re s.ue i f III AottldaNo Ry, - Minutes Amnndg1tarn Piz commission ~r► 1 August 10, 1994 ~tg---- Page 10 74 Z) Staff does recommend the drainage variance. Our master drainage plan does not stipulate any particular type of system in this area. I don't feel that leaving this in a natural condition would be violating the Drainage Master Plan. There is a little bit of an unusual physical circumstance, the drainage clips the corner of this lot making the requirement that they have to do drainage improvements. I think it would be detrimental to install a short segment of pipe in this area when you have a natural channel. If this were the type of property that might be developed in the near future, we might look at this a little bit differently. We have a well maintained natural swail that goes through there now. It is maintained by the golf course. We certainly don't feel there would be any detriment by leaving it in its natural condition as long as we get the correct site easement. That is mainly what we are after in this case, making sure these folks don't build their house or any accessory buildings in an area that might be flooded. The boundary of the property was not created by tho owners. The UNT golf course has been there for years. Mr. Nortont is the street completely on their property? Mr. Salmon: There has been a subdivision in the past. At one point, this piece of property down here was owned by the people who owned this property. At some point in time, this piece of property was sold off. Basically, we have three properties that would use the street extension and cul de sac. j The ordinance requires them to dedicate enough property to build a cul de sac. Dr. Hueyt What are the two lines that cut across the far corner? 1 Mr. Salmons Those are electric lines. Dr. Hueys Does Wisteria and where it says 50 feet? Mr. Salmons Yes, that is the current end of Wisteria. Dr. Hueys Are all of the lots land looked? Mr. Salmons Yes, right now there is no right of way touching this piece of property. + Min. Russellt I believe the two lots, Oschlager and the one above that have access on Highland Park Road. Wouldn't just the ones stated Martin and that lot be the only ones that do not have street frontage? t ~er.daNo qu' ~ Minutes 4gea,~aiS P&Z 9 Commission August 1994 We Page 11 8 G Mr. Salmon: Apparently at one time these were two separate tracts. Apparently, they have put it all under one deed. That is something that was recently found out. Although it was the same owner, by deed it was two different tracts. We actually have two piece of property, both are currently land locked. By ownership, all of these properties have street frontage, but the fact that they are divided and under separate deeds makes them separate pieces of property. Dr. Huey: Did we have a case involving the zoning of the Eugenia Moore property recently? Mr. Salmon: I don't believe so. Mrs. Russell: Any other questions? Gene Wright: 911 Old Justin Rd., Argyle, Tx. With me is Greg Edwards of Metroplex Engineering. In the spring of 1986 a 2.5 acre piece of property which bordered on the east side of the N.T. Golf course was adver- tised for sale by Dr. Ron Williams, via the real estate broker Mr. Dick Fulton. At that time Mr. Fulton was working with Crouch Realty. That property is illustrated in the drawing that is on the overhead. This property was a rectangle and it contained 2.501 acres. Mr. Fulton said the property had no access to city streets. Someone, it must have been Jackie Doyle's office, told me that I would have to purchase enough property to serve as access to a city street. The closest ; road to the property is Wisteria. Wisteria stops approximate- ly 100 feet before it connects with the 2.501 acres. With Mr. Fulton's help, I was able to get the two land owners who owned the 100 foot long strip of land needed for access, to agree to sale enough land (approximately 25 x 100 feet each) for access. I signed contracts with Ron Williams for the 2.5010 and with Max Oschiager for a .058 piece and with Robert Larrimore for a .057 piece. I closed on all 3 piece in the fall of 1986. My original intention was to put a road down into the property and build several houses. With the help of Metroplex Enginearing, I sought and received a preliminary plat from the City of Denton to devbj-)p the property. The economic turn down interfered with my plans. Recently, I thought it might be possible to continue those plans. Once again, I sought the advice of Metroplex Engineering. After some discussion with Mr. Edwards, I became convinced that the cost of putting curbs, gutters, sidewalks, etc. would not be economically feasible. I decided to put only my house on this property. one house will not significantly alter the traffic or drainage in the area. I ask for &,driveway to Wisteria and F ~ Et/ ~GenOaNor.._ k- U minutes ~tad?'te a piz commission 0-18 N August 10, 1994 Page 12 1 for the land to continue to exist as it has for years. Greg Edwards: I am with metroplex Engineering. Dave has gone over the conditions fairly well. The one point he feels that we don't meet the condition on the cul de sac variance, has to do with the topography, shape, and uniqueness of the property. 9-his is a pipe stem or panhandle type lot. In developing the property, it falls away from Wisteria and the adjacent available sanitary sewer. this causes a economic hardship. We do have sanitary sower 100 feet away from the building area. They would have to extend the sewer out onto the golf course and to Willowwood at a tremendous expense to developer the prcperty. In 1986, we did a plat with 6 lots, it was not economically feasible. We looked at the possibility of making the lots smaller, and with the SF7 zoning, we have come up with a plan with 9 lots. By the time we extended the street up 100 feet and then up another hundred feet to the center of the lot, our off site costs would be questionable. We are asking for a single lot only. If the cul de sac is required, the cost j would be about $70,000. The city isn't requiring sidewalks on this one. That knocks the cost down to $60,000 to serve one lot. The provision we have made for the 30 foot right of way dedication is to allow development of the adjacent properties. As we understand it, neither the parcel that is owned by Martins or the one to the east would be allowed to get a building permit under the current rules. They would have to plat their properties. We feel that constructing 30 foot of roadway is a development cost that is more associated with their properties than should be associated with the Wright's property. We would be glad to dedicate that right of way so they wouldn't have to pay to obtain the right of way. We do object to paying that cost to develop their properties. The Fire Marshall has approved this variance. Trash is about the only other service, they are serving the area. The Wrights would be required to bring their trash to Wisteria. It is a significant cost to put the cul do sac in without a lot of benefits. Mrs. Russell: Regarding safety to the lot, the Fire Chief said what you are proposing is satisfactory to them? Mr. Edwards: That is what the DRC commer:ts said. If they can go in one way 130 feet and then back out. We will be less than 150 feet. Y •fY Y q J • ~ .aY . r A ~gendaho u 4geada to 5 Minutes Gila P&Z Commission r6 August 10, 1994 page 13 Mr. Norton: Are you assuming that $60,000 does not include any of the street? Mr. Edwards: That is an estimate frcr Wisteria up the cul de ssumin sac, doing the construction is required if the varianceafor one that is everything house is not granted. Mr. Norton: You said 115 feet for $70,000? Mr. Edwards: That would be 115 fee' plus the turn around. Mr. Norton: Your $60,000 covers what would be a driveway. What are the plans for a street? What does the cul de sac cost versus the driveway or street. Mr. Edwards: The driveway would cost approximately $1,500 to $3,000 versus $60,000 for a City of Denton Street. Dr. Huey: Is the proposal that the city build an extension to Wisteria? Mr. Edwards: No, both adjacent properties are not platted at this time. If they need 30 foot access, we are proposing to dedicated the area and build a driveway. The city would not be out the funds. Dr. Huey: What would be in that space? Mr. Edwardst We would extend the driveway from the end of the Then, remainig existing pavement ofe th30 ef lot. and the to servetthe into the lager er portion house. Dr. Huey: Like a driveway? Mr. Edwards: I think the minimum requirement is 12 foot wide, Mrs. Russell: Is there anyone else to speak in favor of the petition? i Mike Beyerlienst 1600 Highland Park Drive. We bought the oschlager lot. We have no plans of developing. We have no need for road access. To minimize impact in terms of traffic `r and expense, we feel that granting this variance is to our advantage. Noticing staff talked about the impact on lot 3 and 4, those would remain land locked any way. simply granting the 30 foot right of way on the driveway would meet both our needs and the Martin's needs. a y-r{ + r r~ , , ondaNo W" Minutes asg.~,iz.!taR p62 Commission August 101 1994 !i- Page 14 Mr. Norton: you are talking about the lot to the east Of the 30 foot? Mr. seyerlien: Yes. Hra. Russell: Is there anyone else who would like to speak in favor of the petition? ith Frank Martin: 1608 wisteria. I agree to davelop,iandHwe seyerlien said* we don't have any plane don't need the 30 feet of road. Mrs. Russell: Anyone else to speak in favor of the petition? Any opposition? public hearing is closed. out cul de Sao nt have to.busalmon* I want to ilt the way I have it drawn drawn he It sts aboutl$26#0 0.00 for $20 00 st $a bulb. The Cost of a concrete 2 .0 a square yhrd according to driveway prices lweehave been receiving. That wbelable to be constructed without any think the cul de sac may drainage. The contour lines indicate it would take very little fill to make it drain to Wisteria. Mrs. Russells Are the Subdivision and Land Development Regulations ord.tj~ances or a development guide? Mr. salmon: This is actually a requirement of the Code of i Ordinances. Mr. Robbins: It is an interesting situation we seem to have when the owner of the property literally explained to us how a 1eqal subdivision occurred 7 years ago. The property wag subdivided and a separate tract of land was created. I think ti of have a classic the kind example of tuations that can result when somel tions ns and the land owners become parties tc illegal subdivision. I do all abouthhadwbeen not disagree with the comment Mr. Edwards made parties should share in the cost. if the property subdivided legally, the current owners might be faced with an entirely different situation. They might could have saved some costs. % The staff whand the ether creating tand his subdivision ns out of might der a previous illleg eg whether coal subdivision ought dstibddivision in theapastf the owners involved in ths is illegal property many of whom are present now, ought to subdivide that prop is, create lots. The situation e, Mr. Williams who owns t t , i f 'i S ~ondaNa y F Minutes PtZ Commission Ila August 10, 1994 ' Page 15 12 ! property in the area, had for sale part of what is Lot 11 Block A, about 2.5 acros. They subdivided their property without platting. That property was purchased by the current owners. There were 3 separate owners involved in the creation of the property that they now own. Before that was done, legally, all three should have platted all of their land and created lots at that time. If they had done that then, I would indicate the allocation of the required improvements at that time. Tonight, the owner is kind of stuck with an illegal subdivi- sion. I think that is a problem in which you have an illegal subdivision created and the tract of land, the way it is configured, is done in such a way to create a financial problem. Literally, I think that is why you have the third criteria in our variance process "created by the owners of the land". To some degree, I think that is the case. With respect to the Fire Marshals comments, in his DRC comments, (it wasn't the Fire Marshall, it is the Fire Inspector), he said the preliminary plat and variance were acceptable. He is not representing the DRC in that comment. This has been reviewed by the DRC and he sat in. He did not express any ! reservations about the DRC's recommendation which is to deny that specific variance. Mrs. Russell: Any other questions? Dr. Huey: is it appropriate for us to be considering vari- ances or any action regarding illegal subdivision? Should we tell the petitioner this needs to be brought into compliance with the law? Mr. Robbins: I think there is a question the commission needs to think through about whether this should be approved. The staff felt that it would be difficult to bring the owners back into this. I don't think you have to prove it an illegal subdivision. Mr. Drake: I think you could easily address the issue. I think your denial of the request for a variance would indicate it is not appropriate to consider a variance to an illegal subdivision without even bringing up that particular issue. Mr. Norton: We clearly have no right to approve. If we do r approve, we are outside of the ordinance, is that correct? Mr. Robbins: one of the issues is the fact that you have an illegal subdivision. It gives us the opportunity to address that, in what we allow as an enforcement action. Does this i T ~ I .kn,Cnds Q09 Minutes ~~•~g PiZ Commission r August 10, 1994 TD, Page 16 particular subdivision, whether it was the tract that subdi- vided out illegally or not, meet the standards of the current ordinance? I think that is the point that our attorney was pointing to. It does not. on those bounds, you have an opportunity to speak to creating a lot in this configuration. The point that Mr. Edwards made that the way to share the cost, is among all parties. It should have been done when the subdivision was done before. That is how the subdivision process sorts out costs among the folks who are going to have the benefit of creating developable lots. I don't think you are constrained by law from approving the variance. I think you can do that on the merits of the variance. The kind of argument you heard from the applicants have more to do with tba r(sasonaiple relationship of the improvement to the proposed development than the unique topographical situation. There are two kinds of variances or exceptions. The one that he was speaking to was the reasonable related situation. There is a lot in the papers and commentariers today of the recent Supreme Court case on that issue. I think the beneficiaries of this subdivision literally are, and may be in the future, previous subdividers that didn't plat. Mr. Drakes It is a question of jurisdiction as to whether the Planning and zoning commission has jurisdiction to consider this variance because of its failure to meet the criteria. I think what Mr. Robbins is pointing out is that the three criteria are factual determination issues. You have the authority to consider each of the three issues and to deter- mine the facts as to whethor or not the conditions are met. f I think staff would argue that the third criteria has not been met, thus it would be inappropriate to grant the variance in this case. However, the lack or the alleged lack of the third criteria or to obtain does not wrest the commission of jurie.- diction to consider the issue in the first place. Mr. Beyerlien: 1600 Hunter Park. I would like to point out three facts. Not all owners are present, Mr. Williams or Mr. Oschlager. Mr. Oschlager did the right of way, our property only goes to the edge of the right of way and has been surveyed and recorded in that form. All of the property owners who are concerned about the issue are present and in favor of it. Mr. Wright. Prior to my purchasing this property, I had never heard the phrase "illegal subdivision". That is a phrase which I have heard for the first tim6 tonight. I did check carefully with city staff. i did precisely what city staff told me to do. They assured that if I decided to build one l e. r6L ~e t t ~,w r , ,rER Y o 1 qi+OSL1 ILI Minutes P&Z Commission . August lo, 1994 LJ X11 j Page 17 ?J house, there would be no problem in getting a septic tank permit for one house. I did exactly what city staff told me to do. Never once, did I hear the phrase that Mr. Robbins has brought up tonight. I did What I thought I was supposed to do. Now, I am hearing phrases that I have never heard before. The rules seem to be changing. Wisteria ends, there is no cul do sac. I did not cause that to happen. I didn't not put a cul de sac there. I didn't own any property there. It is not my fault. My neighbors who live in the area, should not be brought into this. They did not profit from this, r could, I will not by the way, just put a cul de sac as is indicated here. That would make no sense to me what so ever. If this variance is denied, I will put the street in and build 10 houses and subdivide. My neighbors don't want that, and I don't want that. It would not be in the best interests of the neighborhood to do that. What would be in the best interests of the neighborhood is to do precisely what everyone of my neighbors, who have spoken or written has said. They don't want a cul de sac there, I don't want a cul de sac there. Mr. R putting one obbins seems to want a cul de sac there. I don't mind him rational cause for us to don't p t one t thone ere. I 'can't edo it, no won't do it this way, it certainly would not be economically feasible. I might was well go ahead and put it down there and develop the property. It doesn't seem to be in the best interest of the city. I did what I was told to do by city staff and now that I have done it I a:a simply asking to be able to build a hOUVe down there. Mr. Martin; You are using the term "illegal subdivision", I don't like that. I bought that land less than a year ago. It ~J was dually recorded. The deed was searched out by lawyers and title insurance was issued. At that time, if something was t illegal, it should have come out. It didn't. I have title insurance on that land, it is free and clear. Mrs. Russell: Please address the term "Illegal Subdivision". Mr. Robbins: Essentially an illegal subdivision is the subdivision of land without platting what you are subdividing. z if you own a piece of property and you subdivide it, within ;L the City Limits of Denton, before you sell, it you are suppose to plat it. You can't subdivide land without platting inside the City Limits of Denton. It looks like Mr. Lattimore and Mr. Oschlager, in my opinion, illegally subdivided the property along with Mr. Williams. I don't know why we didn't have everybody, 4 owners or at least 3 owners plat, that were K creating a separate tract of land then. It may have been for the same reason that we are here with you tonight with that B7 r 4 t C f ^ dah'o. 914-03 M P&Z inutes Commission August 10, 1994 Page 18 ~ s•"0 same tract. It is not reasonable to try to go back and get everyone to plat. Before they develop anything on that property they will have to plat it. Before you build your house, that property will have to be platted. Mrs. Russell: We ara considering two variances, one is the drainage improvements and the other is the cul de sac. Dr. Huey: I agree with the notion that an illegal subdivision is a contradiction. It would seem to me that if there is not a legal subdivision, there is no subdivision. I need to be told authoritatively, what we can do in relation to property, that is not legally subdivided. Mr. Edwards: Historically speaking, the "illegal subdivi- sion", in the past, the city►s hammer on this is baEically building permits. When somebody wants to construct a build- ing, their property is reviewed. At that time, the city looks and sees whether there is adequate storm drainage, street access, sewer and water facilities, utilities, etc. for that to be an acceptable building site. In the case of Mr. Larrimore, he owned lot one and bought another piece of p to Mr. roperty that he was using for yard. He sold a 25 foot strip subdivision h and follow the to cite in ies a subdposition ivision to do a legal create a building site. Subse process to property to Mr. Martin to us as yard y~He alsodsoldaa of his { part owners of Lots 3 and 4 to use as yard. He did not go through the platting process. Technically, this may be ille- gal. You have hundreds of similar type sales. Basically, if you want to make an issue about illegal &%ibdivi- j lions, this is a dramatic change in past practices of what the City of Denton has done. To clear these things up, you are either punishing the Wrights, who legally purchased the property, or hire 10-15 attorneys, research the deeds, and start suing dead people to rectify the situation. It is a nasty situation and a big mess for Frank and us. Before you depart in a new direction on how you are going to treat these, I would ask you to consider some of the ramifications of that and how you go about correcting these things. The three individuals that you have here did not illegally subdivide their property. i Mrs. Russell: I don't think anyone is saying the "illegally subdivided". What was created was not what should have been created, I don't think anyone is addressing these people. Mr. Edwards: Right, to go back and do what Frank and what I `i ~fia think would probably be right, somebody has got to sue people 1 a .,qK n Minutes P&Z commission 2 1 August 101 :J94 Page 19 who aren't in this room. I ask you to consider that before we start. We can handle these on a case by case basis as we have in the past, or if we depart from that, it is a significant problem to undertake. Mr. Drake: I think Mr. Edwards and Mr. Robbins gave us a good synopsis. I think what we would probably find to be the appropriate remedy for dealing with this would be some type of enforcement mechanism. Clearly this wasn't posted on the agenda to discuss the propriety of the subdivision. But, we are here on the issue of whether the variance should be granted. I don't want to obligate the city's options one way or the other as to what might be done. I think at this point and time it looks like one appropriate alternative would be some sort of future enforcement mechanism. Perhaps involving the building permits. Mr. Norton: The land on the west side does not belong to one individual, it belongs to several individuals? Mr. Martin: That is correct. Ms. Goodwin: It belongs to 2 individuals. one is the owner of Lot 1 which is Mr. Martin, the other is the owner of Lot 3 i 4 which is me. Eugenia Moore Bodenhammer I believe. Mrs. Russell: Since this is basically a new commission, we would not be deviating from anything in the past because I j have not seen anything like this. This is a difficult l decision because, why should theca people be faced with this problem?. If you start dealing with this, we can either go away and soave this and grant this or, or we can, case by case start dealing with this. would the commission like to separate the variances and vote on each separately? Mr. Norton: I don't foresee any problem with the drainage, it is a separate issue completely from the street and cul de sac. We can't say the city doesn't have streets that dead end without cul de sac, we all know they exist. I have difficulty enforcing the cul de sac rule for one house, especially when we haven't brought it up before the late position we are in. I an thinking we ought to approve the variance for the cul de sac. Mrs. Russell: Is that a motion? Mr. Nortons I can make it in the form of a motion. I move that the commission approve the variance to the cul de sac i ~k., rule, Section 34-114. x: w 1 s ` minutes ~~sndarJo U Piz commission S : ',J August 10, 1994 ? tern O Page 20 Mrs, Russell: Is there a second? Motiun fails s econd, for la fJa Mrs. Flemming: i am concerned about the legal ramifications. If the city did not inform the purchaser about all of the requirements of purchasing the ro ert t individual is to blame. I don►t think we should re think the de sac. But, if this did not exist at this time quire a cue we should not be setting a precedent. ► I feeel like Mr. Robbinst I don't ow what all parties invo ved ink the first is f uisin. ormation was provided to if they were told or not. I am not suirev at we told them. Mr. Morton: I think you also need to address the fact that have we ever approved A variance to cul de sac rule? Is this a precedent setting example, or has it already been done? Mr. Robbinas Yes, Mr. Salmon explained one. It is the only one that I know of in six years. Mr. Salmon: The requirement for cul de sacs on the end of j dead end streets was a new addition when the s ordinance was revised in 1988. subdivision j lot of older streets in town with Beadle Basins why you have a Since 88 the ordinance was amended, we have only had 1 variance re when i which staff did recommend approval of quest earlier, had some very ► but as i explained ' was going to be a to raiftarent conditions. Number one, it po ry cul de sao and we just didn►t see the value .3f having to remove several very nice Oak trees for a temporary cul de sac. In that case, the applicants did actually extend the pavement by 30 feet. , just get a variance, the They the t really t, that they extend the streeto by feet. a 30 Meet. with the condition precedence we have. That is the only Mr. Drakes As far as the issue of staff and what they may or may not have informed certain members of the public of, this may be a concept that may lead to some visceral discontent. But, legally speaking, when these ordinances are a codified, and Published , the approved, requirements are that public is on notice of what the , It is not a requiremen at in . t for thenstaffttoee a!1 ■ e p poinin c any particular requirements of an xPn or to ot out order for then to be enforceable. The city has the authority inance In and they to enforce its ordinances by virtue of the tact that they a t passed and published as part of our authori 3 Y home What may or may not have transpired does note 0 of our ability to enforce those ordinances. alter s r a Minutes P" Commission August 10, 1999 Page 20 Mrs. Russell: Is there a second? Motion fails for lack of~a second. Mrs. Flemming.. I am concerned about the legal ramifications. If the City did not inform the purchaser about all of the requirements of purchasing the property, don, t is to blame. I don't think we should re think the de sac,. But, if this did not exist at this time quire a cue we should not be setting a precedent. ' I feeel like Mr. Robbins: I don't know what information was provided to all parties involved in the first subdivision. I am not sure if they were told or not. I am not sure what we told them. Mr. Norton: I think you also need to address the fact that have we ever approved a variance to cul de sac rule? In this a precedent setting example, or has it already been done? Mr. Robbins: yes, Mr. Salmon explained one. It is the only one that I know of in six years. Mr. Salmons The requirement for cul de sacs on the end of dead end streets was a new addition when the subdivision ordinance was revised in 1988. That explain, lot of older streets in town with dead-ends. wSnce hy you have when the ordinance was amended, we have only had 1 variance9re when which staff did recommend approval of, but as I e quest xplained earlier, had some very different conditions. Number one, it was going to be a temporary cul de sac and we just didn't see the value of hiving to remove several very a temporary cul de sac. in that case nice oak trees for actually extend the pavement b the applicants did just get a variance, they got a 3 a iance with thencondition that they extend the street by 30 feet. That is the only precedence we have. Mr. Drake: As far as the issue of staff and what they may or may not have informed certain members of the public of, this may be a concept that may lead to some visceral discontent. But, legally speaking, when these ordinances are a codified, and published, the public is on notice of whatvthe requirements are at that point In time. Legally speakin is not a requirement for to staff to explain or to g' it o anarticular rder for t em toebeienforceable ~nThe cit has sin a y has the he authority ity and hey e to enforce its ordinances by virtue of the fact that t they authority. passed a published as part of our home rule of What may or may not have transpired does not alter our ability to enforce those ordinances. ..tiff's j 1 i t 2aNo-b Minutes Aaa.~a1!te O Piz commission d ) August 10, 1994 H Page 21 64 Mrs. Russell: If he built his home and several years down the way he wanted to put in this subdivision, then would he have to go on and do the cul de sac? We are dealing with one person building their home, if he did a subdivision, he would have to do that? Mr. Salmon: The ordinance requires a cul d sac for one or twenty lots. if the variance was granted and he built a house, and 10-20 years from now he re-subdivided the property, and the same rules applied, we would be back in the same boat. (Provided the ordinance has not changed.) Dr. Huey: I an thinking of a similar but different case. An owner wanted to build a gate across an entrance. What about people who might wander down and end up in your driveway? Mr. Martin: If someone were wandering down my driveway, I suspect I would react in pretty much the same way that you would react if someone wandered down you driveway. I an not suggesting at present that we put a city street there. I an asking for a variance. With one house, I don't need a city street. If I were to build a subdivision, I would need a city street, gutters, drainage, etc. I am asking for a driveway to go from the end of Wisteria down to the house I would like to j build. Dr. Kuey: A stranger in the neighborhood might come down that street and not know what to do about it. All of a sudden the street ends and there is a drive way. Mr. Wright: I suppose if it happened too often, I would put a sign up and say that this is a private driveway. There is _ a sign at the and of the street that says no outlet at present. Wisteria is not a highly traveled street. Mr. Norton: Wisteria is a very low volume street. I have done some work in that area and the traffic is very low. I have a little trouble separating this from the one whove the commis- lion approved the gate that was at the end of a street. There is not too much difference. Mr. Robbins: That cul de sac was built. Mr. Norton: But, you also closed it off from public use. ' Mr. Robbins: Except the Fire Department has a way to open the y gate so they can fight fires in that area. rt Mr. Norton: Are we addressing the fire concern? Yn Minutes P&Z Commission August 10, 1994 rti~?_ IG-1 E-R~1 Page 22 f-- Mr. Robbins: Yes, that is one of the reasons for turn arounds~ at the end of streets, given the standard way the fire department fights fires. They drive the truck into the street, drop the hose, turn around Mr. Norton: How are they fighting fire on Wisteria right now, it is a dead end street. Mr. Robbins: I'don't like to debate commissioners or folks from the audience. I am indicating to you I think your point is clearly a fact. I an just indicating why the cul de sacs are designed the way they are. Hr. Drake: I guess the only change would be there would just be one more house to fight a fire at. Hrs. Russell: Any other discussion? Dr. Huey: I an in sympathy with the property owner. I think I would just be standing up and screaming if all of a sudden somebody said your lot is illegal, I feel for them. At the same time, I think we are presented with a very complex legal issue as to what our authority is. I would like to have this 1 go back to our legal staff with a request for more information and restore this to our docket at a later time with the data that might be forthcoming. If that is an illegal request, please tell me. { Mr. Drake: I think if we stick strictly with the rules set up i by the Open Meetings Act, that the legal issue that is before you tonight is really quite simple. Whether or not to approve a variance, you've got three criteria to consider. The issue of whether or not you have an illegal subdivision or what to f do with an illegal subdivision, or what the ramifications are, I an sure our office would be happy to address. I am not sure that your decision hinges upon the determination. The determination is to be made on the basis of three criteria that are listed in the ordinance. Dr. Huey: You are saying that we not only , but should ignore the issue of the legality of the subdivision? Mr. Drake: It certainly is not posted on the agenda. I think part of the rationale for the Open Meetings Act is that if an item is to be discussed, you want to have it posted on an agenda so others that might be interested in the debate would have an opportunity to speak to that issue. We have learned tonight that there are several people that live adjacent to Highland Park Road whose interests may be implicated in these 1Y ' I 'j~ 1 „ minutes P&z Commission August 100 1994 Page 23 various decisions. One of the people that spoke tonight has indicated that this is the first he has heard of an illegal subdivision and that he was caught by surprise. I think that it might be more in keeping with the 0}en meetings Act to reserve a discussion of that issue for a meeting where it has been properly posted and members of the public would have an opportunity to see the agenda and wha~_ is being discussed and come forward. The issue that is placed before you tonight is one of variances which if there are any other criteria to be established besides these three, to my knowledge the ordinance says there are three criteria to be considered and those are the ones before you tonight. I Mrs. Russell: In Section 34-7 of the Code of Ordinances, I understand we make our decision based on, granting the j request would not violate any master plans as defended by Section 34-5 of the Subdivision and Land Development Regula- tions. The special or peculiar conditions upon which the request is based relates to the topography, shape, or other unique physical features of the property which are not generally common to other properties. The special or peculiar conditions upon which the request is based did not result from or was not created by the owners or any prior owners or j mission. This is our criteria. is there a motion? Dr Huey: in keeping with the opinion that has just been given to us frog. our attorney and looking at the history of this property, I find the three criteria are not met. The condi- tion was created by a prior owner. Therefore, I move that we r i deny the petition to allow a variance from the cul de sac requirement. N ' Mrs. Schertz: I second. Hrs. Russell: Any further discussion? All in favor? All opposed? Motion carries (3-2). Kr. Norton: On the second item under consideration under the same docket, the request for a variance to the drainage, I move that we approve that variance. Kra. Schertz.: I second. Mrs. Russell: Any discussion? All in favor? All opposed? The motion carries (5-0). Can staff do something to help them with this problem? Is there someway we can direct them that we can be of some h-1p? 1 I 1 i ! It Minutes ' PLZ Commission 1~ n! August 10, 1994 0( Page 24 Mr. Robbins: Sure, but we probably need to act on the next item before we know how to do that. b. Consider the preliminary plat of bot 10 Block A, New Place Addition. Staff Report by Debra Goodwin. I think you probably got a fairly good history of this a rticula r ie P ce of pro P party. Staff was aware of the illegal subdivision. We did, in our notices on the variance, send out notice to those property owners that were involved in that. We asked them to give us a call to explain to them what the possibilities were. I did speak with two of the property ownere, but did not speak with Mr. Martin. I did speak with Ms. Moore and the Beyerleins. If I am wrong, please tell me, I think we are going to recommend denial of the plat the way it is presented right now with the denial of the variances. Mrs. Russells If they were to withdraw it now, could they bring it back another time and not have to go through the fee j procedure again. Ms. Goodwin: They will be submitting a revised plat and r would imagine that would have to go through the whole procu- dure. Mr. Robbins: Procedural, the commission makes a recommenda- tion on this to the council. If the applicants chose, they could move this on to the council with the commissions j € recommendations on both the variances and the plat. They are 1 the final authority now. It has been our practice that if a L plat is finally denied, it is not a resubmission on the same foe. That is a denied plat, you get a new plat, you get to now fee. work on But, and f the revise plat it before the ddenial or the final action was, there would not be a new fee or new submis- sion. That has been our practice. ,f Mrs. Schertz: You are recommending denial because of the drainage? Ms. Goodwin: No, because of the varianco,denial on the cul de sao. The way the plat is laid out right now, it does not show that cul de sao extension. With the denial of the variance, the plat cannot be approved unless the cul de sao is shown. Mr. Edwardst It is my understanding that on a preliminary plat, you can add conditions. I guess you have three options, II COIJNCI- M I I ~ I I - r 1 I ct II 7 I. I S ,r 14 le . 7 4k ♦ro7 •VSh i Ili a~endaNo 3 A ~i Apendalt DATE: October 181 1994 Ihle. U CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: variance to Section 34-114, Article 17 of the Code of ordinances, pertaining to sidewalks RECOIO(E DATION: The Planning and Zoning Commission recommended denial at its 9/28/94 meeting, by a vote of 5-0. ~i~kSABY The site, known as the Fred Hill addition, its located on the southsids of Hickory Street, at Bradshaw Street.- in order for the City Council to approve a variance, it must be demonstrated that all five criteria, as listed in Section 34-6 of the Subdivision Regulations, are met. The criteria, and the Commiesion's responses, follow: 1. The granting of the variance will not be detrimental to { the public safety, health, or welfare or injurious to other i I property: i Granting this request may be datrimentel to public safety in that the site y f is adjacent to a residential area. i { { 2. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property: rhis property does not hava any unusual physical shape or topography which would make it difficult to install a sidewalk along the frontage. 3. Because of the particular physical surroundings, shape or topographical conditions of the speoific property involved a ' particular hardship to the owner would result, as distin- guished from a more inconvenience, if the strict letter of the regulations is carried outs No unusual hardship wand result from not approving this request. • J f 4. The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan or ka, Studies, except that those documents may be amended in the „ W o-~ i Y it 5} M YA ` NI l I ~ f M , i S, e n°r' r + r~ i I . Y i,P.Od3M0 q r ~~31Lai19 v v manner prescribed by law: current regulations would be varied for this one case if the variance were granted. i 5. The special or peculiar conditions upon which the request is based did not result from, or was not created by, the owner's or any prior owner's omission. I 'This is not applicable, since criteria go. 2 has not been met." BACKGROUND: The final plat of the Fred Hill addition was approved by the City of Denton in 1984, but never filed for record with Denton County. Sidewalks were not a subdivision requirement in 1984, but are currently required. on October 4, 1994, the City Council voted to postpone until October 18 consideration of this variance and other options that might enable development without sidewalks being re- quired. On October 12, 1994, P62 explored extending the approval of the final plat. Extension of the plat cannot be accomplished I now, because the plat already has expired, two years after its approval and not having it recorded. 1 I PP&IRAMS DEPARTMFRTS OR GROUPS AFFECTED: Property owner. FISCAL IMPACT: None. 1 Respe fully submi ted: P, V' Pre ared by: Lloyd Harrell, City onager I ank K. ob na AICP Exocutive Director Planning and Development X"00682 Y♦Ei ~iKY, 1 i ~ertCa No g 45 45~ }.~3n j, le AC / -q manner prescribed by law: Current requlations would be varied for this one case if the variance were granted. 5. The special or peculiar conditions upon which the request is based did not result from, or was not created by, the owner's or any prior owner's omission. •This is not applicable, since criteria No. 2 has not been met., BACKGROUND: The final plat of the Fred Hill addition was approved by the City of Denton in 1984, but never filed for record with Denton County. Sidewalks were not a subdivision requirement in 1984, but are currently required. On October 4, 1994, the City Council voted to postpone until October 18 consideration of this variance and other options that might enable development without sidewalks being re- quired. On October 12, 1994, P&2 explored extending the approval of the final plat. Extension of the plat cannot be accomplished now, because the plat already has expired, two years after its approval and not having it recorded. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Property owner. FISH IMP, : ~II None. E Respe full'yl submi ted: v• Pre ared by: Lloyd V. Harrell, City anager rank H. ob ns AICP tia Director "a Exec u v LT: Planning and Development AXXOO682 p' r` i S Z~ a ,C { {t,'I J I t)p h].Y ~1.. 1.. ~ti.'T Y u . 1 ^ Fi Y Minutes pSZ Commission rA~l 0 September 28, 1994 S i Page 4 h, IV. Fred Hill Addition. r a. Consider a sidewalk variance in the Fred Hill Addition Subdivision. Staff report given by David Salmon. The owner of this property, Mr. Fred Hill has applied for a variance of the sidewalk requirement along the frontage of this property on East Hickory St. This has a little bit of a history to it, and I think the applicant or his representative will probably describe in more detail. This is a piece of property that a plat was approved on back in early 1984. At that time there was not a requirement to Install a sidewalk. For some unknown reason the plat was never filed. If a plat is not filed within two years of the date of approval, it becomes null and void. Technically in order to go back and try to do something on this property, it would have to be platted again. So the applicant has brought in a new plat and we are going back through the platting procedure. This time however, we do have a sidewalk requirement. That is why we are requesting a Variance. In order to recommend that this variance be approved, it does have to meet three criteria that we are all familiar with. First, that it not violate any of the cities master plans. The second, that there is some E unusual shape or topography in the property that would make it difficult or a physical hardship for someone to construct a t sidewalk. The third is if there is such a physical barrier, that it not be something that was created by the owner. This C property i6 pretty level. There does not appear to be any 1 unusual topography and there is not really an unusual shape to it as far as the frontage goes. Staff would have to recommend to the commission that the variance not be granted. Mrs. Schertz: Are there sidewalks on either side of the proposed sidewalk on East Hickory? Mr. Salmon: Not near there. Mrs. Flemming: Who is responsible for filing the plat? Mr. Salmon: The city ultimately actually carries the docu- ments to the courthouse, at least that is what happens now. This happened in early 1984 and I am not sure what the procedure was at that point. As far as I know, there is no record that the plat was ever brought to the city. Once the plat was approved, it is like a void, we don't know what ;i , !18; l ^ WL:. i Cd ei i 'j 2 } I I Minutes P&2 Commission 4r;.^~:'tB SS N'LL-41 September 28, 1994 lil, __j !x Page 5 1 happened. We don't know whether the applicant just didn't bring it to the city, or we don't know whether he brought it to the city and something happened between the time the city had it and when it was carried to the courthouse. It may have been carried to the courthouse and for some reason misplaced or never filed at the courthouse. There is no telling, there is a variety things that could have happened. There is no evidence to show that any one of those happened. I don't think the applicant knows exactly what happened either because it happened so long ago. Mr. Cochran: In what year did we start requiring sidewalks. Mr. Salmon: In 1988. Mr. Robbins: Didn't we require sidewalks before that time? { Mr. Salmon: Yes, but not in this case. We required sidewalks on one side of certain streets between 1983 and 1988. This fell into that period, and this would not have been one of i those streets that required a sidewalk at that time. j Mrs. Russell: East of the property, are residences. On Sycamore, around Austin Baker's plant, there are sidewalks, and it is light indu:,trial. Mr. Salmon: I believe they platted after the sidewalk requirement was in place. I will say our community develop- ment block grant program, in the last few years has been very J active in trying to get some sidewalks installed in this area of the City. There has been interest in sidewalks in this area of the city and we have built quite a few and have some even in the process. Greg Edwards, Metroplex Engineering: We did the original plat for the Fred Hill Addition back in 1984. Basicallyt I think we have a real good "sob story", a very unfortunate situation. I wish we had a better variance case, but you kind of go with the cards that you are dealt you. Back on Katia's question about the filing of it. When we heard about this, we started doing some research and basically going back and getting with Owen and him going through the city records. Basically, we can document that Mr. Hill paid the required fees, submitted the required plans, they went before P&2 and were approved. As far as whose fault it was, who dropped the ball, who didn't do what on the thing, that gets a little vaguer. I have processed hundreds of plats through the city and for Y s U 'Q3Q , Minutes P&z Commission September 28, 1994 ~cc)- Page 6 ~ 9 the city and have no recollection of this particular incident and what was happening at this time. In going back through the procedures, I !,now at one time the City of Denton was requiring us to have the signed copies of the plat at P&Z before they approved it. The owner of the company, Johnny Haughtman and her husband Bud, bought the company in about 1985. She recalls that when they took over the company, the City of Denton was still doing that practice. It is my personal belief, I can't swear that we had it there, but it is my personal belief, to the best of my knowledge and recollection in the facts that Mr. Hill recalls coming in and signing the plat two days before the PAZ meeting. I feel that it was in the P&Z Commission's hands at the time. From that point, the city sent it on to the county. At one time, the county had to sign it and send it to Austin for microfilming before they filed it and gave a volume and page to it. I feel somewhere in the governmental process, it was dropped. There is a possibility we didn't get it to the city, but from the best of my knowledge and belief, that wasn't our fault. That { does not change the fact that we do not have a valid plat in f force. Mr. Hill understands that. We all understand that. The staff has been extremely cooperative. The City Attorneys felt like they were too extremely cooperative at one point. And we don't want anyone to have to do anything illegal, but it seems that Mr. Hill came in and played by all the ru' A should be entitled to a building permit. Hopefully, yo. .an do whatever you can to address that. I ~ is think basically conditions #1 and 13 there is no opposition E from the staff that those are met, #2 they don't feel that we meet. Basically the only thing that we have is that there are no sidewalks on either side. There is developed property on both sides. There is a little bit of sidewalk attached to the bridge that goes under concrete. We do have some telephone poles in the way. I know I don't have power to correct this clerical error, nor does city staff. Hopefully the city council does and any help you can give us in doing this, we would appreciate Mrs. Russell: Did this problem become apparent when you started to do something with the property recently? Mr. Edwards: Yes, after it was approved, shortly thereafter, Mr. Hill didn't have any particular plans for the property and then we had the recession. He has been under the impression that he had i individual that hedknoplat for the last 8 or 10 ws that he wants to try toe help get into i' i' f^v'Y 61~ t r . ba~~aNo q - 3 Minutes P&2 Commission ~~~,7d~;te1T(~~~ September 28, 1994 Page 7 6 01C1 t business is interested in purchasing the property. Our understanding is that they are interested in putting a landscape business. Basically, a maintenance shop and doing a little bit of storage for the materials that they use. That is in accordance, I believe, with the zoning on the property. They have talked to Jackie Doyle about the buildings and planning on doing that. Mr. Hill has been held up for about four or five months while we have struggled. about how to resolve this issue. That is how we have gottrin to this point. Mrs Russell: He didn't make any attempt to remedy this because he didn't know he had L problem? Mr. Edwards: That is correct. Mr. Cochran: This is another one of these odd situations that we get ourselves into here. It is kind of unfortunate since we really don't know what happened, whose fault it was, or I down the line who caused this. My feeling on the subject is I that it is the owners responsibility to make sure the plat is filed. It is not necessarily the city's responsibility to point it out to them. If they allowed that dead line to go by and the rules change at that point, then the rules have changed. If it were another area of the community that I didn't feel sidewalks would be as important as they are in this area of the community. If there was not as much pedes- trian traffic in that area, I might feel a little d•.fferent. I feel on East Hickory Street there is a fair amount of pedes- trian traffic and I hate to see people have to walk into the " street because of the clerical error and for that reason I :rove we deny this petition for a variance. Hrs. Schertz: I second. Mrs. Russell: All in favor of the motion? All opposed? The variance is deniod (5-0). ..r } 1 aN 4!{vi"~ 1~81 cf city council minutes 10-4-84 7. The council considered a variance to Section 34-114(17) of the Subdivision and Land Development Regulations for Lot 1, Block A, of the Fred Hill Addition. The 1.781 acre site was located on the south side of Hickory street at Bradshaw Street. (The Planning and zoning commission recommended denial 5-0). Frank Robbins, Executive Director for Planning and Development, The stated that this commission associated with recommended pdenialg of the Zoning variance Planning a ori nal request with roved pin 1984 but for unknown reasonsTit was not plat was app recorded. At the time when the plat was approved, sidewalks would not have been required on South Hickory. It was not known why the plat was not recorded. It has been thought that since the plat had been approved but not recorded, that the latruleg resente were Council again to be recorded and apply which applicable in 1984. That option was legally inappropriate. Thus there was a new plat which should follow the new regulations and therefore a variance to the regulations was requested in order to be processed. The Planning and Zoning Commission did not believe associated witharea the a' rThheretwaast no the unstandards ique situation associated uniqueness the topography or the way the sidewalka topography or a "c ndi ion which was precluded because of. the area's s uncommon to this area as to other locationo. Council Member Smith baked if an anusual circumstance would be the fact that it was not known why thPlat was not filed. She asked why the 1984 rules would o apply. ~ h sical Robbins replied that the variance standards 1 feature or the ground as opposed to a Council Member Smith asked if there was a basis for a judgement on circumstantial situations. Robbins replied that staff had attempted to take that into account and that formed the basis of an initial administrative recommendation that that situation be ake a iinto account and that nappropriate without sidewalks not be required. Legally, that going through a variance procedure. The variance language dealt physical not with a characteristics uasirelated to the t rerather quired aimprcvem t Council Member Smith asked why the 1984 rules did not apply. Robbins stated that staff, at one point, was working on not a variance but rather a finding which would involve a difference in how this plat was processed. That finding would indicate that the plat would be grandfathered but found that that was legally Inappropriate. Within the variance procedure, the Council could use its best judgement on a unique situation given the information Y^, 1 *'I t 1 I T f A r t ~safaNo 9G!- a~3tud't6~1 al, provided. R Fred Hill stated that this situation came about as a result of his not checking on the details. In 1983 he received approval of the plat for the City Council and planned to build a shop on the bite. In the process of not building that shop, he did not follow the process to be sure that the plat had been filed. He had paid all the necessary fees and went before the Zoning Committee. He felt that everything had been completed. Upon further checking several months ago, he discovered that the process had not been completed. To be required to develop sidewalks would further depreciate the investment in the property. He requested a favorable consideration on this request for a variance. Greg Edwards stated that he reprenented Mr.Hill in 1984. Based on his research regarding this issue, he believed that someone in the City did not file the plat. The Planning bnd Zoning commission had reviewed the plan, had all the signed copies, had all the Improvements needed and was just a matter of the City filing the plat. Mr. Hill had done everything th9 City asked him to do but Mr. Hill did not check to make sure the City did all they were to do. { Council Member Perry stated that there was no copy of the plat or a record of the plat. Edwards replied correct. In 1784 the company was known as Fields, Edwards and Associates. Mr. Fields sold the company to Metroplex fi Engineering. The company geets in the 1980's but as the economy went down, the company size decreased and reco,ds were stored in a variety of locations. There werA no files on this particular case. At the time the Planning and Zoning Commission considered plats, all the filing documents had to be completed before being { considered. Cott motioned, Smith seconded to grant the variance. City Attorney Drayovitch stated that the uniqueneso referenced the actual condition of the property and this being the case, she offered to meet with Council+ith further legal advise. Mayor Castleberry indicated that the discussion would not be in open session. City Attorney Drayovitch stated that the discussion might not be best served in open session. Council Member Cott and Council Member Smith withdrew their motion and second. Cott motioned, Brook seconded to postpone the item until the October 18th melting. On roll vote, Brock "aye", Cott, "aye", yw,i Smith "aye", parry "aye", and Mayor Castleberry "aye". Motion f carried unanimously. f i 1 1 Y .l y A'. r , fd. AV,1 s061 Ala 9 e4 ICY Edwards suggested that the staff might research the possibility of extending the preliminry plat and approve the plat based on the 1983 preliminary plat. Generally this had t,) be done wihin 2 years but it did not prohibit the City from extending the plat past that. time. nw extension could be given up to 10 years and this might be an alternate avenue to grant the variance on the sidewalks. } c 1 pi r I 6~' 1 l l.v .a 1 ~ L ~1 ,F I F i Y ~ P tip, ~ R t CI ~ f t I tw w ;~~rf f t .~~'d. L.~3Wr s F r I~t~f if ti ' 9. ~ r b. ~ t I tt - ~ ~ ~ I CITY' C0UNCI ~ 1r ~r R y L M x r t t'I7y~ ~YA~1 y~'fM1fi wr~~„ ~ tq l':F 7 7 G 4 r, f$~ \+~r rt n+~ q'~'lt1ZAR` , r°\`C1 l+r,4'} , 1 rr~y WV~~"~jf.'~ry 4~~~......✓✓~ 1U iNp r 'hrr r yKar~t1~A~'=~rlrF•'174.~`y~~~~R~r~~Y. r'' f ~ 0 T ,'+'r"} tMy tl~f'i~~~''"• t'~rf `1%"~~+'~M1`; 2 i 4r`'~1' 1 Mme'[ r~ ~ ~"^t~♦ . ~ . 144• I a AQAnddN0 7 AQe~d2H I PLANNING AND ZONING COMMISSION HE ENO DATE: October 180 1996 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager s SUBJECT: PRELIMINARY PLAT OF LOT 10 BLOCK At NEW PLACE ADDITION 7 RECOMMENDATIONS The Planning and zoning commission recommended approval, 5-0, at their September 281 1994 meeting based upon a reasonable relationship finding under Section 34-111(b) regarding the installation of a cul-de-sac at the end of Wisteria conditioned on approval of the drainage variance. i SUMMARY: This iv a request for consideration of the preliminary plat os' a 2.616 acrd tract located at the end of Wisteria north of Willowood. City services and facilities, including water, sanitary sewer, electrical and solid waste, are available to the property. The Subdivision and Land Development Regulations would require the installation of a cul-de-sac at the end of Wisteria. Based upon a reasonable relationship finding under Section 34--111(b), the Planning and Zoning commission is recommending that the applicant dedicate a 501 strip of land which could eventually serve as the center of the required cul-de-sac. The applicant would be required to pave a 241 strip to City standards. When the j adjoining properties plat, the remainder of the cul-de-sac would be dedicated and installed. In as far as the emergency access to the property, a turn-around to Fire Department standards will be constructed in the vicinity of the residence. A note has been placed on the plat indicating that the turn-around design and its installation will be required at the time of building permit issuance and occupancy of the residence. 1 Sidewalks will not be required as this is a single family I residential lot only. r Drainage flows across the northwest portion of the property. A variance to the piping or channel requirements of the Subdivision and Land Development Regulations was recommended for approval by the Planning and Zoning Commission at their August 100 1994 meeting. re Y ~onasNo. u" U There is an existing six inch water line and an efErlc}A ,r inch sewer line in Wisteria which will be extended approximate y fifty feet within the dedicated extension of wieterfnr V,tt v I western most half of the property may have i u ay with gealift flow into this line which may requirs the use station. Electric service is facilities in the right-of-way le of to the Wisteriaroperty from existing The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations, Chapter 34 of the Codified variance is reasonable grantedrelationahi is app and ordinances the c drainage h pipe findin of BACKGROUNDS A preliminary plat was submitted and approved on this property in 1986 by the same applicants. That plat included the extension of economic with six ,residential cul-de-sac (WeDue to property omic conditions lots fronting the street. that development never occurred and the applicants significantly downsized their development plans to the present proposal of a single residential lot. This propertyy, as well as some of the platting haveroceduresbeen. subdivided without following the appropriate owners of the other properties involved the subdivision of must i be submitted and approved. at some point subdivision without plats platting PROD S DEPARTtiFNTS OR CQnnuc AFFECTEDt- f y Engineering Department Building Inspections Planning and Development Department ntstr~r. IltpACTs NSA ate= 1. Location map 2. Preliminary plat _ 1986 3. Preliminary p 1 1 Nrir : r tila -e l ark ar.d ( it 4q I I 1 r V il' J r~l.yi r` -I r~rt ~.I i J.. F ~ 1 (1 rrY Ps I~ PG': ~Sy edi Reapec ullY sub tt i E to d r Herre 1 1 City Manager A Prepared bys Agenda% ' ~ Debra Goodwin . Ag@n~a,li L' Urban Planner Date q App ovedC J Frank Ro s AICP Sxecutiva Dir for planning and Development i 1 l j 1 if I" a rj i r r7f .2~. d t, ! r1,g I { I t !N> p jr ~ lse ~l.^ .x'1 ~ r a ~ } I . a ~}n f Jt!' r J i yr R r'*: PP•94.051 New Place Addition ATTACHMENT F Aga"daN T - dn tLte 49 C NSF SITE t ` JN : Loculon Map } Dales 8/4194 Scala: None y ..0, 1 I M i t + A I Agonfflo y ATTACHMENT 2 AvROa;terrZ~• PP 94.451 New Place Addition [ale a"~ y~ORTH II w M a l a+~ DR A Oftv" 1 41a,:a' % b l LOT 1 131, 2.61 C~ACRE ' ~ ~ i Sf_7 \g STRIDGE 1 ~ ICY. 11--- 5014 COJPJR~ LOT r 44 1Q4 \'r~ 1 is ,0 I \ /a r l' I ,p• 11 ROP l{ I 07 1 , \ I I t 12 i~1LL II Preliminary Plat Date: 9121!94 Scale: None r ae i PP 94.051 New Place Addition Ao ndaNo '034 r Dbte_LQ-6 C~ i X S~f ,I I i r "E RW-or-WAV DEMATION r1fTURE RIGHT- CArO pED0G1T10N / / / I \ PROPOSED SERER WP"&VENTS D ffy 10 C O[IRON SWIRL I \ 3 STANDAROA I ~ y jll f y PROPOSED RAW oEDICA" b ~1s MAE SERER NPNOKUEHIS ~ \ \ f ~ / OTHERS TO DIV Sr4or N sESrnuGTtO aroAnos. tEx1D1t et coN \ s rvrm WK or CURB EXIMO a SAN. SEWtR H EXMY* O SERER e'1 E%HS11N0 d WATERWNN- f; I r!•F' 4, ~z V J t2 V j i ' A . 7 %S• Detail A Date: 9122194 Scale: None Y ~1 1 ! I f ! 1 I ~ 1 'AandaNoall - Ig?~dU~isrtt ATTACHMENT 3 PP-94.051 New Place Addition '7cl fVORTH \ N N R0 0 r• it14 ~ ,r oil u{'e u•t -4- 412. Is - - A I VON 164,34, • 0Y dl{7D4 •7 104 1{' itt, 173 N,NI r 7104 i t! ti . II r 7• , waoN R I ..,M IOLMI P6.11 • • i~r .IW N,an 1 M rn tog IF-I 9" W-7 rte` ' I _ ~•Y•~ _ 01 1 M'S Or 6 { \ er \ 1 • M I. ~xr cou47 -`~Y nur f r I q'. I f; } s`r Prerlons Preliminary Plat ` a Date: 8/4/94 Scale: None i f r I J I ' ^i y I f! 1 l 1 ~No Ll 1 Minutes Pd;2 Commission September 28, 1994 Page 10 I V. Consider the preliminary plat of Lot 1, Block A of the New Place Addition. The 2.616 acre tract is located at the end of Wisteria, north of Willowood. Staff report given by Debra Goodwin. This item has been before you several times. At the last meeting, we came up with what we thought was the solution to the problem. We felt there was a way to do this without a variance by using a section under Section 34-111B under the old subdivision regulations. That basically indicates what we have been calling reasonable nexus in the past. That has to do with whether or not the improvements required are necessar- ily proportional to the property being platted. Basically, we have a 2.616 acre tract at the end of Wisteria, north of Willowood. It is being platted into a single lot. City services and facilities are available, There will be the extension of some water and sewer mains that you can see in Detail A. We are looking at the dedication of property from the end of Wisteria back far enough to create a city standard cul-de-sac. That would be a 50' strip all the way back. The applicant would be re ired to pave a 24 foot strip to city standards. J h.aen the adjoining properties plat or develop, they would be 1 required to build their portion and dedicate their portion of the right-of-way. We did, at the August 10 meeting, grant a variance to the drainage requirements on the property. if we utilize the finding of reasonable relationship as in 34- 1118, staff feels that the plat will conform to the subdivi- sion standards. We would recommend approval under that. One thing that you don't see is the variance back before you. j Utilizing this finding, we don't need to grant a variance on the property. One of the items that we talked about was the turn around. If you will notice, there is a comment on the plat that indicates the turn around design and installation. This will be xPWAred on the building permit site plan. That will be done fvrther along in the design of the house. We will probably see a surface approved by the fire department and a turn around closer to the house than the end of the cul-de-sac. We did discuss this with the fire department and they are satisfied with that solution. The garbage issue was discussed with solid waste. They indicated that picking up garbage y where it is now would be satisfactory. i I ,G'r13No._ i 1~"'Gc IB Minutes p4Z Commission September 28, 1994 g Page 11 Mr. Cochran: Is there a requirement that the adjacent property owners be notified of the solution? Ms. Goodwin: No, they have been involved, not to this point, but they realize that there will b some requirements pn we told themt Surprisingly enough them when they build that before on the propery. they knew Mr. Cochran: This seewas ip~ ttypwellyservedr.t Isoluti t isoa.real seems like everybody pleasure to see this kind of clarity come out of the process. Mrs. what we all thought was a reasonable thing, is commendable, frustrating problem for Mr. Edwards: I know this is a very all of us to deal with. I want to thank you for your time. I think we got a little more than what the owner wanted to ' Your give and little less than what staff would like to. input helped both parties come to that decision. Mr. Cochran: I would like to move for approval of the preliminary plat of Lot 1, Block A of the New place Addition. Mrs. Plemming: I second. Mrs. Russells Motion carries (5-0). 1 J Vi. Consider reconsider te encroachm encroachment City Council concerning a right at J 112 West Oak. Staff report by Debra Goodwin. on August 100 we have a specific request b At that meeting, have an encroachment into the right-of-way. forw we indicated that we would probably l~ebcoming th tard with a right-of-way encroachment policy. est be denied and MLC met, they recommended Blanton Ray' ara. no encroachments be allowed in the square On the 24th, the commission held a public hearing and looked at the encroachment policy in general. It went back to the with HLC for further consideration. They came back to you another recommendation that no encroachments be allowed. The Planning and Zoning Commission voted not to allow any en- id- °;ct oroar. Ray's specific request and Rayaw stnotifiedcofsthe or M Y ~ 1 r ~ ~ 161TA "'yy CONCI~ ti ~ 1+r . ff,,'~w tl F' 01N , p n~ t'§' r c '~I';dl"'7 X IT Y477 9tt •'Qf ~4 t E x y ~y 1 wy t x , .4 r t,L~~.YJ a , Y ,y} f F ' F 4 ~ I k t S 6 4 1 ~art4ak0. ~peadalt Date 0? ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES) PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplied or services in accordance with the procedures of state law and City ordinances] and WHEREAS, the City Manager or a designated employee has reviowed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as show- in the "Bid ProposaVill submitted therefore: and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I, That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENEIOR AMOUNT 1649 ALL C 6 G WHOLESALE $ 150000.00 SECTION 11, That by the acceptance and approval of the above numbered items of the submittod bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. I SECTION III. That should the City and persons submitting approve3 an3 accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the city Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto provided that the written Contract is In accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 4' YO~ r \ + LA'. W r !(1; fy ~l.,Ana i to r M -A SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. 1994. ~ PASSED AND APPROVED this day of BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY f l BYt APPROVED AS TO LEGAL FORMS j j DEBRA A. DRAYOVITCH, CITY ATTORNEY ii BYt I , q, 4 1 . LS rr~ i~ f M r1(Gs ~✓''1T i../n. a I.f r. i. . a . i r % _yY ;~~~Jarvo .fly- y q r G~;fe l DATE: OCTOBER 18, 1994 3~j 1 s CITY COUNCIL REPORT ,t TO: Mayor and Members of the City Council +i FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1649 - POLICE UNIFORMS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, C & 0 Wholesale. SUMMARY: This bid is for the annual contract to supply Police Uniforms to the City o D~ enton. C & O Wholesale is the lowest bidder of the four (4) responding suppliers. The quantities are estimated to be an annual supply but will vary according to the needs of the City, The estimated annual expenditure for Police Uniforms is approximately $15,500.00. BACKGROUND: Tabulation Sheet j PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Police Department FISCAL DeACT., Funds for the purchase of Uniforms are included in the 1994-95 6u getget aumber 100-070-0040-8108 with a balance of $58,283.60. Resp fully sub ted: 1i ly to Harrell City Manager i ' Approved: k.•' in D. 3 w,C.P.M. a $ Title: Purchasing Agent Rn,.1 ss:.~na f .Y 1 )r Y~ 1 w m.~ s V rrt. " _ t - E BID# 1049 BID NAME POLICE UNIFORMS MARTIN'S C 8 O R A R REGIONAL UNIFORMS WHOLESALE UNIFORMS UNIFORM PEN DATE 8-18-94 & SUPPLY VENDO 1. 160 ONO SLEEVE SHIRT, ZIPPER $25.70 $21.85 $32.50 $27.90 FRONT 2. 150 HORT SLEEVE SHIRT, ZIPPER $23.60 $19.65 $28.50 $24.90 FRONT 3. 250 TROUSERS $23.95 $22.65 $26,50 $28.50 4. 25 JACKETS $115.00 $89.00 $85.00 $82.50 5. 25 RAINCOATS $51.00 $48.00 $61.50 $31.00 A. OPTIONAL REFLECTIVE $12.00 $6.99 $71.60 $25.00 MARKING ON ITEM 6 1 DELIVERY 21-60 DAYS 7 DAYS 45 DAYS 45 DAYS I I iE I 1 I s I p r ~ [1 rk ti. i .CITY COUNCI: 4 ~ 0 r 1 • ~ wrs~ 1 Ap"No o~pen~atta , oats... " ORDINANCE NO. AN ORDINANCE BIDS D FR THE OR MPROVEMENTS;IPROVIDI NG FORWTHE OF CONTRACTS FORPPUBLIC WORKSCOMPETITIVE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOP, AN EFFECTIVE DATE. WHEREAS, the city has solicited, received and tabulated competitive d the construction of improvements in accordance with the pro edu es Of State works law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being tho lowest responsible bids: BID NUMBER CONT~ R AMOUNT I 1673 SUNMOUNT CORPORATION $1,319,742.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction roof such public works or improvements herein accepted and app person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written ancontnact and furnishing of performance and payment bonds# certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to syt,, 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 AEI are made in accordance with the Notice to Bidders and Bid Proposals, and documents rolatirg thereto specifying he terms, conditions, plans and specifications, standards, quantities { t' specified sums contained therein. 1 k ' r n1 i 's I e rsrw~ F 1 (ar•a.KY ;endaNo 2e~ s SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. lF PASSED AND APPROVED this the day of 11994. I i BOB CASTLEBERRY, MAYOR j ' ATTESTI JENNIFER WALTERS, CITT SECRETARY BY S e;r APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY1 `Y J* 3{r I I• x aq f IV d, r q t F er r all tr. f jilt ' r ' Ass i ! R4n,Y Y~ da No val le r 2~ S SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and In the amount as specified in such approved bids and authorized contracts ; executed pursuant thereto. SECTION V. That this ordinance shall become effective l immediately upon its passage and approval. E PASSED AND APPROVED this the day of ,1994. i BOB CASTLEBERRY, MAYOR I ATTESTt JENNIFER WALTERS, CITY SECRETARY i BYt 1. APPROVED AS TO LEGAL FOR)lt DEBLN A. DRAYOVITCH, CITY ATTORNEY I BY$ ti 7 t _ 1~I 1 w ~ k lr~t9: n! • , Yh 'r `R 1 ~ #v. rr r . ` exf+'Y6~ •l.. rt .tie #'ti©ndaNo ~ DATE: 0&6 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Ha:?rell, City Manager SUBJECT: BID # 1673 - AIRPORT RUNWAY EXTENSION RECOMMENDATION: We recommend this bid be awarded to the low bidder, Sunmount Corporation, in the amount of $1,119,742.00. SUMMARY: This bid is for all labor and materials necessary in the construction of the extension to Runway 17-35 of the Denton Municipal Airport. Construction will j consist of Schedule I - 1000 feet of runway extension, Alternate I - 660 feet of 46" 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 cover ninety percent of the cost and the City will fund ten per cent of the project. Five bid proposals were received In response to sixty notice to bidders mailed to s contractors. I j BACKGROUND: Tabulation Sheet, Memorandum from Freese-Nichols, Inc. 1 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Airport Staff and Citizens utiliz ng the Denton Municipal rport. FISCAL IMPACT: Funds for this project will be split between the City of Denton and the Federal Aviation Administration. The City will be paying 10%. Reap ully sub ed: L lo d V. Harre I City Manager Prepared By: • YiI~/h/ y amet Denise Harpool s E Title: Senior Buyer Approved: Name. Tom , D. a , C.P.M. F Title: Purchasing Agent s3:. LOMA y 1 21 ,t r 0' . R Owl f I BID I 1673 BID NAME AIRPORT RUNWAY EXTENSION F & W SUNMOUNT OILBERT ORVAL DUNINICK ELECTRICAL CORPORATIO TEXAS HALL I BROS. JOPEN DATE SEPTEMBER 20, 1994 CONTRACTORS CONST. EXCAVATINO 1 CORP. CO_ _ OTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR- Vi NDOR_. 1. SCHEDULE1 $1,116,402.50 $1,181,458.00 $1,241,543.001 51,349,564.00 I 2r ALTERNATE NOA-SCHEDULE I $172,340.00 $129,012.00 $161,942.50 $149,840.00 3. SCHEDULE 1 PLUS ALTERNATE $1.288,742.50 $1,310,470.00 $1,403,485.50 $1,499,424.00 NO. 1 4. SCHEDULE II $45,000.00 $31,000.00 $37,700.00 $20,000.00 k ' BOND YES YES YES YES YES i 1 ` I 1 1 I f ifrf f 1 rr` yy ♦ I 4t1~ .51 1 rl I s , IvYw,.*ir'Y.I..e.rSn..h'1 ..z'-.}..r~.ti., .......rn~'xa+srwr.r.....,..«w....~.....» a 11. yY 'p~x r r" 4. y' j~"/ r .11 1 l ~t~l f 1~/ I h ~ jr. •1 <fn ..I. . 09-22-94 01:54PM PER iREESE 6 NICHOLS 10 918173837302/893226 P0021002 A C E N T U R Y O F S E R V I C E tq~nd~Na ~ .O~u ~gvdaktl hie la`~~-9Lf r September 22, 1994 PREESe•NICHMS Mr.1ne Thompson Airport Manager Denton Municipal Airport 5000 Airport Road Denton, Texas 76207 { RE; Denlun Municipal Airport DTN93226 1 Dear Mr, Thompson: The bids reeelved on September 20,1994, for the extension of Runway 17.35 and associated E work at Denton Muulclpal Airport, have been reviewed, ii I It is recommended that the enntract be awarded to Sunmount Corporation, In the amount of the low total bid on Schedule I, Schedule I - Alternate No. 1, and Schedule Il as follows; Schedule I S1,116,402.50 F Alternate 1 S 172,340.00 Sehedulo 11 S 31,000.00 Total $1,319,742.00 'ills recommendation Is prer.loated on the withdrawal of the bid of DoInnick Brothers on Schedule 11. Uyou have any questinns, please call me at (817) 735-7360• Yours U*, FREESE AND NICHOLS. INC, 1 Gerald Musick, P.E. Senior Aviation Engineer ' atv D4T19~.+66iT.~l£i~DinR(+A;l(6NI Freese Ind Nelms, kk. Engkwnn Environma fal Sol~r4lola Arohlted~ rr x 4046 lnlatmVwW P1ers Sulfa 200 Fon worth, Taxae 76109-OH 1, a17.79S7~p0 Metra817J29-1900 Faxo11•YS514Sf1 i SEP 22 194 1256 817 735 7491 Pr+GE. OW F r e = COUNCI] 0,',01y ~ t 4 i f ~t0 Mf 0y rvacr q r 1 . ~f pQlAO3N0 a~iiaait - i7e, I Date DATE: OCTOBER 18, 1994 I (D CITY COUNCIL REPORT pb TO: iiayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: RFP 11670 - HISTORIC INVENTORY OF DENTON TEXAS RECOMMENDATION: We recommend this RFP for the Historical Inventory of Denton 1 Texas be awarded to Ralph Newlan in the amount of $22,434.00. i SUMMARY: This request for Proposal is for the services of a qualified historic 1 preservat on professional for the purpose of conducting a city-wide Inventory of Denton. The project is to survey all remaining pre 1945 structures and prepare a s written inventory including photo-documentation. The survey shall be conducted in compliance with Texas Historical Commission guidelines. Historic Landmark Commission recommends approval. BACKGROUND: Recommendation from Jane Bites, Preservation Officer; Minutes from Hlsto e-Landmark Commission meeting of October 10, 1994. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Main Street, Historic Landmark Commission and C tizens o Denton. j FISCAL IMPACT: This survey is partially funded with a grant from the United States Department of Interior Administered by the Texas Historical Commission. The remainder is available from City of Denton funds. Total available budget is $23j000.00. Rea ully su ed: to (.(.Harrell City Manager Approved: Nam om D. Shaw, C.P.M. y Ir Title: Purchasing Agent l rfr a : i ganOaNo. ~gaodait ` =n sea 100 West Oak • Suite 204 • Denton. Texv 7 - 49 I TO: Tom Shaw, Purchasing Agent FROM: Jane Jenkins Riles, Preservation Officer DATE: October 11, 1994 SUBJECT: RFP for Historic Inventory The Historic Landmark Commission recommends that the City Council I accept the proposal of Ralph Newlan to conduct a city-wide historic, resources inventory. Mr. Newlan's bid for this project was T d $22,434, which is within the budgeted amount. ' F I Y e Jenk ns Biles, P servation Officer ' I 5 XN :V ~ ,iy I] 1 r I Jx', r a}~ y n 1 7 Ko t 11 Id p ~ i S. ~ tp, t I 1; ~Y r 'x ,4,~ ~ II a r, ....,Mw+.wrwawr.>aln~>r~{,Wi~v.e.~MM.w.tu+~r~'. t ` 1 r Ftl ~1:~~7-J. L4' 'i W 10/11/04 15:31 09905558235 CITY OF DENTON 14002/002 MINUTES ;eoeaNa._ elc- 0ctob*r Historlc Landmark Comm;sslon 10, 1994 A The regular meeting of the Histoick; Landmark Commission of the City of Dwton was held at 4.30 P.m. In the Civil Defense Room o the Municipal Building located at 215 E. McKinney Street on Monday, October 10, 1994. Presort: Judith Abbott, Rita Holcomb. Jim Klrkpatrick, Mark Merkl, and Kenneth Morgan Absent: Suzeme Byron, Judy Cole, Bullitt Lowry and Alan Smart Present from Staff: Frank H. Robbins, Executive Director tot Planning and Development,, Jane Jenkins Bites, Preservation ONtoer, and Donna Bateman, Planning Technician Chairwoman Abbott called the meeting to order. i 1. Consider approval of the minutes of the regular meeting of September 12, 1994 and the special called meeting of September 30, 1894. Mr. Mark! moved to approve the minutes of the regular meeting of September 12, 1994 and the special called meeting of September 30, 1994. It was seoonded by Mr. Kirkpatrick and unanimously carried (5.0). II. Consider a recommendation of the RFP subcommittee to accept the proposal of Ralph Newtan. Ms. Bites reported to the Commission that the subcommmee recommended accepting the proposal of Ralph Newlan. Mr. Morgan asked if any local proposals were submitted. Ms. Bllee stated that the closset proposal came from Sanger. She added that Mr. Albrecht who submitted the proposal from Sanger will also be on the team for Mr. NrMan. Me. Abbott added that the suboommlttee agreed that Mr. ANxeht did not have w"danoo In surveying. Mr. Kirkpatrick asked what exporlenoe Mr. Newtan had. Ms. Bilea reported that Mr. Nowlan did surveys for two districts and for Hayes County. Ma. Was reported that the Historic Landmark Commiss[We recommendation will go to the City Council on October 18th on the consent agenda. Folk%wng approval, a contract will be drawn up in accordance with the RFP. Mr. Merkl moved to aooept the proposal of Ratph Newlan for tho surrey. It was seconded by W. Holoomb and unanimously carried {rf 0}. WT 11 194 14,39 9e1756M36 PAW. W2 t f Ii V !1~ I i\WP00 W0AD%V1h' UD.0 4a~aMo q ORDINANCE NO. 40~ to AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND RALPH NEWLAND TO SURVEY PRE-1945 STRUCTURES IN DENTONO TEXAST AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORi AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI SECTION I. That the Mayor is hereby authorized to execute an Agreement between the City of Denton and Ralph Howland to survey pre-1945 structures in Denton, Texas, a copy of which is attached hereto and incorporated herein by reference. SECTION 11, That the expenditure of funds in the amount of Twenty-two Thousand Four Hundred Thirty-four Dollars ($22,494.00) is hereby authorized. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of, 1994. BOB CASTLEBERRY, MAYOR ATTESTI j JENNIFER WALTERS, CITY SECRETARY BYI APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITCH, CITY ATTORNEY BYI .I, _ I PP 1 I. t i I i ._....:..+.w. ray i j) i `sir ' "r f 'gin Y ~9n~91V0 4yvr,da'te AGREEMENT BETWEEN THE CITY OF DENTON ')ate AND RALPH E. NzwLAND S 0~ 10 This Agreement is entered into between the City of Denton, a runicipal corporation of the State of Texas, with office at 215 E. McKinney, Denton, Texas 76201 (hereinafter referred to as "City") and Ralph E. Newland, 10008 Alta Vista, Austin, Texas 78704 (hereinafter referred to as "Consultant"). I. SCOFE OF SERVICES Consultant agrees to perform the following servic©ss 1. survey all remaining pro-1945 structures in Denton, Texas. Expected products include photo-documentation of each property, with color slides of the most significant propertiess an expanded inventoryi and recommendations for potential historic districts, individual National register nominations and Recorded Texas Historic Landmarks. Consultant shall conduct the survey in compliance with Texas Historical Commission guidelines. Inventory shall include addresses, simple archi- tectural descriptions, ownership and historical significance. The inventory shall specify high, medium or low priority for each resource. 2. Visual survey of Bites. All sites (commercial, residential or other) of cultural or historical significance within the city limits will be mapped and keyed to a Denton planning and zoning map. 7. Photography for Each Property. A. Primary elevations and out-buildings should be recorded for each property in black and white 35 mm film. In addition, the most significant properties should be documented by color slides. H. Consultant shall use 95 on black and white Plus-X or Tri-X film to produce one set of negatives (in clear protective sleeves) and three accompanying contact sheets. Kodachrome 64 should be used for all slides (2 copies of each slide are required). C. Consultant shall log on photographs forms so they are properly identified and tied to the survey information. D. Consultant shall key contact sheets and negatives to the inventory and maps and placed in ring binders. r~ (iy 7tr ~ , i JyY Y I t Af~3 i;'>:16t C 6 d~, l0 Department of the E. wAll ith Texas Historicall CowAppssi n and U.S. manner Interior National Park service guidelines. 4. survey Report. A. The icontin the fllowio accompany the survey products hall 1) Introduction to identify survey boundaries, purpose of survey 2) Credits 3) overview of history of Denton and its environment 4) Recommendations for future historic designations and/or historic districts used in the survey 5) Discussion of the methodology us 6) Prioritized inventory of all pre-1945 properties B. Consultant i commission,report to the City of Denton Historic Landmark 4. other Requirements. A. The surveyor will work with the Certified Local Government Committee of the City of Denton Historic Landmark Commis- sion and with the National Register Programs staff of the Texas Historical Commission. B. The surveyor shall attend an orientation with the Chairman of the City of Denton Historic Landmark Commission, the Preservation Officer and the National Register Program staff of the Texas Historical Commission prior to the ~J commencement of the project, C. The surveyor will be responsible for expenses associated prsurvey, oduation~luding, but not directly or indirectly fse# and the limited to travel, of D. The surveyor will be available for interviews with the media and interested groups and will present the survey findings to at least one, and not more than three, meetings of the Denton City Council. E. No subcontracts will be approved without the expressed written consent of the City of Denton Historic Landmark Commission. F. City shall pay Consultant a total of Twenty-Vio Thousand Four Hundred Thirty-four Dollars ($22,434.00; for his services. Payment will be made as follows) 104 at start of project for purchase of supplies! 30 after completion of field works 30% after satisfactory review of initial draft) PAGE 2 i a ti K 4 to ALIaNO, q b db t0 E. wAll ith photographs Historical lCombe prduced in a mission and U.S. mDepartment of the Interior National Park service guidelines. 4. survey Report. A. The site survey report to accompany the survey products shall contain the followings 1) Introduction to identify survey boundaries, purpose of survey 2) Credits 3) overview of history of Denton and its environment 4) Recommendations for future historic designations and/or historic districts used in the survey 5) Discussion of the methodology 6) Prioritized inventory of all pre-1945 properties B. Consultant l copies of the commission.report to the City of Denton Historic 4. Otber Requirements. A. The surveyor will work with the Certified Local Government Committee of the City of Denton Historic Landmark Commis- sion and with the National Register Programs staff of the Texas Historical Commission. B. The surveyor shall attend an orientation with the Chairman am of the Preservation officer Denton and sthe Comission, Progrthe staff of the Texas Historical Commission prior to the commencement of the project. C. The surveyor will be responsible for expenses associated but not including, directly rindirectly o fice, and production. limited to travel, D. The surveyor will be available for interviews with the media and interested groups and findings to at least one, and not more will than sth three, h meetings of the Denton City Council. E. No subcontracts will be approved without the expressed written consent of the City of Denton Historic Landmark Commission. F. City shall pay Consultant a total of Twenty-two Thousand Four Hundred Thirty-four Dollars ($22,434.00) for his services. Payment will be made as follows 101 at start of project for purchase of supplies; 901 after completion of field work; 701 after satisfactory review of initial drafty PAGE 2 ~;sndaNo 7, and 30% upon satisfactory review of complertetl,prouct,~/Y-9/ Payment shall be made within twenty (20) days of receipt of 110 an invoice detailing the services completed and upon City's review that the services have been properly performed. City shall reimburse Consultant for travel expenses based upon actual costs evidenced with documentation, not to exceed One Thousand Nine Hundred Sixty Dollars ($1,960.00). G. Survey team personnel must meet criteria specified by the Secretary of the Interior's "Standards for Professional Qualifications". II. ADDITIONAL SERVICES Consultant agrees to: 1. Maintain financial records pertaining to all matters relative to this project in accordance with standard accounting prinoi- pals and procedures. 2. Retain all records and supporting documentation applicable to this project for a period of three years except as follows: A. Records which are subject to audit finds shall be retained for three years. These records and supporting documenta- tion shall be made readily available, upon request, for j inspection or audit by representatives of the City. B. In the event that the proposer goes out of business or existence, it shall turn over to the City all of its records relating to this project for retention by the City. 3. Make all records associated with this project available to the City for examination. 4. Furnish the City at such time and in such form as the City may require, financial statements including audited financial statements, records, reports data and information, as the City may request pertaining to matters covered by this project. 5. Prohibit the funds directly or indirectly under the terms of this from being used for any partisan political activity or to further the election or defeat of any candidate for public office. 6. To not assign any interest and shall not transfer any interest in the same without prior written consent of the City of Denton Historic Landmark commission. 7. Indemnity the City against any and all claims, demands, Judg- ments, liability or sums of money to any party accruing against PAGE 3 k¢ - Wop- '!~S 'psl as ~ the City for loss of life or injury or damage property growing out of or resulting any negligent act or 66?1(5 omission of the proposer, except that the indemnity provided for is this paragraph shall not apply to any liability result- ing 1from the sole negligence of the city, In the event of joint and concurrent negligence of both the Consultant and the City, responsibility and indemnity, if any, shall b appor- tioned comparatively in accordance with the laws of the state of Texas, and without waiving any defenses of the parties under Taxes law. The provisions of this paragraph are solely for the any successful rights# contractual or other- benefit intended of the t or grant the wise, to any other person or entity. 8. In performing services, the relationship between Consultant and City is that of independent contractor, and Consultant shall exercise independent judgement in performingg its duties under responsible for the contract. setting working hours1,1 scheduling lor prioritizing the work flow and determining how the work is to be performed. No term or provision of the agreement between Consultant and City shall be construed as making Consultant the agent, servant or employee of City, or making Consultant eligible for benefits, such as workerfs compensation. 9. Consultantte State and local hlaws, rulesl ancomply with d regulati nelica- ble 1 III. TERK OF CONTRACT The term of this Contract shall commence October 20, shall complete the services provided for herein 9no later k Consultant than May 1, 1995. IV. TERKINATION OF CONTRACT If, through any cause, Consultant shall fail to fulfill obligations under this contract in a timely and proper manner or if Consultant shall violate any of the covenants, agreements, or stipulations of this contract, the City shall immediately have the right to ter- minate this contract by giving written notice to Consultant of such # at least ternin.,tiun re he efftc tive the date effective of i such termination. fie days bet The City may also terminate this contract, upon 30 days written notice servics poperly pperformedh though C the Consultant of shall notice a for of termination. PAGE 4 I I e ~ k a~~~,~a;~cr~S 7L' the City for loss of life or Injury or damage' amn y g• Y$ 7" vasr-sr- property graving out of or resulting any negligent not or 0ox16 omission of the proposer, exoept that the indemnity provided for in this paragraph shall not apply to any liability result- ing from the sole negligence of the City. In the event of joint and concurrent negligence of both the Consultant and the City, responsibility and indemnity, if any, shall be appor- tioned comparatively in accordance vitb the laws of the State of Texas, and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the City and the successful proposer and are not intended to create or groat any rights, contractual or other- vise, to any other person or entity. 8. In performing services, the relationship between Consultant and City is that of independent contractor, and Consultant shall exercise independent judgement in performing its duties under the contract. Consultant shall be solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the work is to be performed. No term or provision of Vie agreement between Consultant and City shall be construed as making Consultant the agent, servant or orployee of City, or making Consultant eligible for benefits, such as worker's compensation. i 9. Consultant's performance of the work shall comply with applica- ble Federal, State and local laws, riles and regulations. III. 1 TERM OF CONTRACT The term of this Contract shall commence October 20, 1994, and Consultant shall complete the services provided for herein no later ; than May 1, 1995. TERMINATION OF CONTRACT It, through any cause, Consultant shall fail to fulfill obligations under this contract in a tirciy and proper manner or if Consultant shall violate any of the covenants, agreements, or stipulations of this contract, the City shall immediately have tha right to ter- minate this contract by giving written notice to Consultant of such termination and specifying the effective date thereof, at least t.re days before the effective date of such terminaV on. Th:, lity may also terminate this contract, upon 70 da written notice to Consultants provided that the consultant shays ll be paid for services properly performed through the date of notice of termination. PAGE 4 r 1A 1., r i ~ INDEPENDENVT.CONTRJICTOR It is mutually understood and agreed by and between City and Consultant that Consultant is an independent Consultant and shall not be deemed to be or r.,,nsidered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workeri's compensa- tion, or any other City employee benefit. Consultant shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. VI. VENUS This agreement shall be governed by the laws of the State of Texas. Any and all suits brought for the enforcement of breach of this agreement shall be brought in the District court of Denton County, State of Texas, and not elsewhere. VII. NOTICE Any notice or other written instrument required or permitted '`.o be delivered under the terms of this Contract shall be deemed to have been delivered, whether actually received or not, when deposited the United States mail, postage prepaid, registered or certified, l return receipt requested, addressed to Consultant or City, as the case may be, at the following addressest CITY CONSULTANT City of Denton, Texas Ralph L. Newland AM City manager 1000$ Alta Vista 215 E. McKinney Austin, TX 78701 Denton, TX 76201 Either party may change its mailing address by sendi of change of address to the other at the above address by certified mail, return receipt requested. EXECUTED this day of 1991. CITY OF DENTON, TEXAS $0$ CASAU MRRY, MAYOR 1 a' I iE PACE 5 tS 1. + • F.+ t n qu-d3U 4~ertdaNo..r S a Ala `V g /009/0 AT1'hST i JENNIFER PALTERS, CITY SECRETARY BY. j APPROVED AS TO LEGAL FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY j Byl -lea& + RALPH E. NEWLAND + .B rt ~ I + M1. I V M1yV 3 i i+\IUDOGi\11Rt61J+D.i 1 it y PAGE 6 ly I <1 rr till. - CITY - ~COUCI ] N 4 0 4 4rOM tr♦ i f~ M w 1 .I wl Y/ } 1 gpe~faNa -D apenda~t ~I8 v' ORDINANCE NO. ' 1c~3 AN ORDINANCE OF THE CITY OF DENTON# TEXAS AUTHORIZIFG THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR FEES FOR THE PAYMENT OF TAXES OR APPLICATION OR LICENSES OR RENEWAL OF LICENSES REQUIRED BY THE STATE OF TEXAS OR THE UNITED STATES OF AMERICA OR ANY AGENCY THEREOF) AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to provide permit for emission, the City of Denton is required to pay a Emission/Inspection Fee) and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such fee; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the expenditure of funds in the amount of ;16,718.03 to be paid to TNRCC is hereby authorized. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1994. j BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY E ' BYI APPROVED AS TO LEGAL FORMt i DEBRA A. DRAYOVITCH, CITY ATTORNEY BY! 4 M 1 4~ ^ 7jC~ , i e i J ~ r~~Jr aF',, ~ III 1 DATE: OCTOBERAJ~ CITY COUNCIL REPORT TO: Mayor and Members of the City Council J FROM: Lloyd V. Harrell, City Manager SUBJECT: CHECK COMMISSION (16,7XAS NATURAL RESOURCE CONSERVATION RECOMMENDATION: We recommend this payment to TNRCC in the amount of 16,718.03 be approved. SUMMARY: This payment is for emission and inspection fees as required by the Air I Air deality P issued Resource ConservaiondCommiss Commission, Office of Is issued by y the Texas Natural Quality. BACKGROUND: Fee Form, Check Requisition. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Production, Electric k Utility Customers. 995 E FISCAL -0-1011-5020-8521-A, :with an appropriation balance of. 563,955 59 tuber uction for I # 8 0-0 t d: *Ha4r er by. Prepared Na^ie: De se Harpool Title: Senior Buyer s Approved: R C.P.M. ame: om D Shaw } . r, Title, Purchasing Agent 3 ~:e.,aaoa r. y. 9( •ae.~ CHECK REQUISITION -VOUCHER . yts7~a'~D tEa,A~a(9 C R 9 514100 4.-.-------- PAY TO: CHECK NVMRER TNRCC P.O. Box 13088 $16,718.03 Am"I Austin Texas 78711-3088 utilitiess PMTMENT 10/01/94 OATS INVOICE DATE, NUMBER ANDIOR EXPLANATION ACCT. NO. NET INV. AMT. INSPECTION FEE: (EMISSIONS FEE: Total T/Y * $26 610-101-1011-5020- $16,718.03 Denton Municipal Utilities 8521-A 1701A Spencer Road Denton, Texas 76205 TACB Account Number: DF0012T Site Name: Denton Municipal Util. County: Denton I 1994 Fee Due by: 11/01/94 SIC Code on-record: 4911 Payment of Fiscal Year 1995 Emissions Fee ` Fee Payment due 11/01/94 ' Please appropriate from Account } 610-101-1011-5020-8521-A ~ s a ffff .t it 11 1 I \ .114 { Iti~11 1. e i ( 4 I A. TOTAL $16o718.03 f.< THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BILLING IS MADE BY THE UNDERSIGNED. { a AmTINO IJPNOVAL { d . ail l P DIRECTOR OF IINAMCE APPPOVAL Z,. 1~ yd": rTl GTV MANAGER APPPMRL ;A l 1•f r- v e Texas Natural Resource Conservation Commission EMISSIONS/INSPECTION FEE FORM Fiscal Year 1995 , Office of Air Quality (9/1/94 - 6/31/951 ARN: a~3A~n(901 Technical Services (512) 239-1532 AMTS (b;'' AGENCY USE ONLY Company Account information 943 DENTON MUNICIPAL UrILI'IIES Company Contact: 1701 A SPI:NCF"R ROAD DENTON. Ty. 76205 Jim Thune (Please Print Name) TACO Account No.., DFOO12T 181 3837551 Site Name: DENTON MUNICIPAL UTILITIE (Phone) County: DE.NTON SIC Code: 4911 Fee Due By: 11/01/94 Facility Sold? **Yes_ NoX Attach Now Namer Address, i (PLEASE INDICATE ANY CEANOES ABOVE) Telephone Number List below the Current Permit Allowabies and/or Calendar Year 1993 Actual Emissions used in determining the Emissions Fee. 11) (2) Regulated Pollutants Current Calendar year 1993 scw of column (I i 2) to Y1rld total (Add Others As Needed) Farah Actual Islsslons !r►t). for each pollutant. Allowables Ealularm I 1r~ (sot to [aced A.000 Ian Per In Ion Per rear Cllr) Neewrd afn Reamed R 9dM Pollutant.) If ►ersitted, i I VOLArtt[ ORGANIC C00OUNOS 2.8131 2.8131 f! f NtrltoG[N OXIDES 552,5792 552.5792 TOTAL SU's'C'"O ►AR"aAAT1 6.0281 6.0281 sAFM o)OXIN _ 1.2056 1.2056 { COON 1101!001101 80.1752 80,3752 (KUM ATTACH A001110" Has As TIE=) total (t") (Rmaalvd Ob1 643.0012 r (A) Inspection Fret (Amount from SIC T; TaDler Ir APPLICA>sLE). S- 10,000.00 (E) Emissions Peas Total T/Y % $26.00 (=26 minimum, IF APPLtCAELE). s--16.718 .03 _ (C) Fly the GREATER (A or 9) and eater bores . . . . . . . . . . . $ 16,718.03 comments/Additional tnformatlons Yh i f RETURN COMPLETED FORM Et REMITTANCE TO: r:9-9s j (SEE ADDRESSES ON BACK OF FORM) (7-20-941 ! a. i AR 1 M 4 - .-CITY= COUNCIi ' Of 0 8 0 Oka I IL 1~ ~C ITY~-_=. COUNCII ~ Nf ~ O ~ f 6 t3 s 0 0.4 pox, IS* Q' G • WI I 1 R4~rY~ AQtltId8N0 Apettd~tt Date CITY COUNCIL REPORT FORMAT DATE: October 12, 1994 v TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBIECT: Movie Ordinance RECOMMENDATION: It is staffs recommendation that Council adopt the attached movie ordinance so that City staf may better monitor and regulate film production in Denton. The ordinance wit[ also provide flexibility on occasions where film-related street closings are involved. SUMMARY: i The film industry continues to recognize Denton as a favorable location for the production of } films, movies and commercials. Many times we find out about a production company's plans only a day or two prior to their shoot. The nature of the film industry requires production companies to be flexible in their scheduling, due to unexpected weather, last minute changes in the script, or perhaps, as we well remember, the illness of a cast member. In order to continue to be considered as a desirous location for film production, we need to be able to respond to the industry's needs and be as flexible as possible. Current Street Closing Procedure: Our current street closing procedure requires production companies to: i 1. Provide a barricade plan (to be approved by the Engineering Department) 2. Coordinste traffic safety with the Police Department v a 3. Obtain signatures from all abutting property owners and tenants on a street closing i petition. The petition provides the property owner with an opportunity to approve or oppose the closing. I 4. Receive formal approval from the City Council for permission to close the street. 4^ : . Proposed Street Closing Procedure: The proposed ordinance will provide some flexibility for closing streets for filming purposes, We will continue to require the production company to do f fi t j items I - 3 above of the current procedures and allow some variation to #4. The proposed b• ,u 1k i : E r No~ Agenda Agadslte ordinance requires that the City Manager contact each Council Member rdWlRling 1h ~'r closing request within two working days of the formal request by the production company. This ZJC9 could be done by mail, courier, or telephone. Only if, within three working days, any Council Member expressed a concern that the public health, safety or welfare would be unduly affected, would the request for street closing be brought to the Council for formal approval/denial. A tremendous amount of flexibility is provided by approaching film related street closings in this manner. The City will be able to respond more quickly to a production company's request, as they will not be required to wait until the next scheduled Council meeting to receive permission. At the same time, the City Council maintains its authority to approve or deny the street closing ? request. Since the nature of film production scheduling is unpredictable at times and the ability to close a street temporarily may be a make-or-break decision for the production company, it is r very important that we have a system in place to address issues such as this. a Permit: The proposed movie ordinance will require film production companies to obtain permission from the City Manager or his designee to film in Denton. There will be no fee for the permit. The permit will identify the dates, times and locations where filming will take place. It will also identify the number and type of production equipment involved. The production company will also be required to inform the City of any use of firearms, fire, or explosives to be used during the filming. Liability Insurance: The ordinance requires production companies to maintain comprehensive general liability insurance from insurance companies that are authorized to do business in Texas. The production company must also indemnify and hold the City harmless from any and all claims, lo, -.cs, damages, causes of action, suits, and liability for injury to or death of any person or for damaj; to any property arising out of or in connection with the production. Application Process: The ordinance provides the City Manager with the authority to deny any application if, in his opinion, the locations, hours, or other factors, make filming unreasonable. It J also provides the production company the right to appeal to the City Council any permit denial. HACKOROITND: l The Office of Economic Development worked closely with the City Manager's office, the Police j and Fire departments, Main Street and the Chamber of Commerce in developing the proposed 1 ordinance. The task force contacted the Film Commission and the cities of Waxahachie, San Antonio, Austin and Houston (all cities with movie policies) to ensure the proposed ordinance would include all the necessary requirements of a production company and at the same time establish a system to make filming easier in Denton. The task force will develop an information booklet for film production companies, outlining the permit process and identifying individuals to contact for assistance. We believe this will be of great benefit to the production companies and will make Denton even more attractive for future ~ 1 projects. ~ i ~ E 1 J ~ a t 1 n J7 Y X9 Xy I , ~endaMo Ogard~~le PROGRAMS, DEPARTb"ENTS OR GROUPS AFFF:CTED_ The City Manager may appoint a Film Coordinator as the City contact for film projects. 3 'U Currently this function is being performed through the Office of Economic Development. The Film Coordinator will be responsible for contacting the Chamber and any City departments which may be affected or whose assistance may be required. FISCAL. 1 PM ACT: The ordinance has no fiscal impact on the departments involved. However, it does provide for a fine, not to exceed $500, should the production company violate any provisions of the ordinance. RESPECTFULLY SUBMITTED: Lloy V. arrell ' City Manager Prepar by: Linda Ratliff F Economic Development Coordi r APP by: / B McKean, ecutive Director Municipal Serv esTconomic Development i v y f~ r N I . A~ I ' yilwpdocs\crdlmo'+ie2.Grd ~ `9u?~2;1cm - y~ Y Gba ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING ARTICLE VI OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, ESTABLISHING REQUIREMENTS FOR MOVIE PERMITS; AND ESTABLISHING SECTIONS 16-180, 16-1811 16-182, 16-183, 16-184, 16-185, 16-186 AND 16-187 THEREIN CONTAINED; ADDING DEFINITIONS AND PERMITTING REQUIREMENTS APPLICABLE TO FILMING IN A PUBLIC PLACE; PROVIDING FOR I A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING A SLVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. r r WHEREAS, it is the desire of the Council of the City of Denton, Texas to promote economic development within the city limits by encouraging the filming of feature films, television s movies, television episodics, music videos, and television commercials, while recognizing the rights of and promoting the safety of Denton's citizens and merchants; NOW THEREFORE, THE COUNCIL OF THE CITY OF D£NTON HEREBY ORDAINS: SECTION I. That the Code of Ordinances, Denton, Texas, is hereby amended by adding an article, to be numbered Article VI of Chapter 16, including therein Section 16-180, 16-181 and Section 16-182, which said article reads as follows: ARTICLE VI. MOVIE PERMITS See. 16-180. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Film, when used as a verb, means to perform or undertake any activity in a public place lying within the city limits which constitutes, in whole or in part, a component part in, or necessary preparation for, the pro- cess of recording moving images onto a tangible medium, including, but not limited to, motion picture photograph- ic film, videotape, videodisc, or digitized storage of video data. Specifically excluded from this definition are processes relating to the taking of so-called "home movies" or "home videos" not intended for commercial rebroadcast or viewing. 8eo. 16-181. Film Permit Required. (a) Permit application. Any production company, business, or individual who wishes to film a feature j iA DQ i.Lf( k Y t A gandaNo Q4 1N v a-r wu 5oa 9 film, television movie, television episodic, television commercial, or music video within the city limits, shall obtain a Film Permit from the city manager not less than ten (10) working days prior to filming. The ten day requirement may be waived at the discretion of the city manager. In making such application the applicant shall provide the name of the production company or individual, as well as the dates, times and locations where filming will take plans, The applicant shall also identify by type and number production equipment (trucks, automobiles and other vehicles) involved in the production, and shall disclose detailed information on the use of firearms, fire, pyrotechnics, flammable substances, explosives, or other hazardous materials or effects to be used during filming. { (b) Pee. There is no fee for the Film Permit. (c) Insurance. The applicant shall provide proof of comprehensive general liability insurance covering its operations within the city for bodily injury and property damage in the minimum amount of one million dollars ($1,000,000) combined single limit on a per occurrence basis. If hazardous special effects (explosives, fire, etc.) are involved, the city manager may impose addition- al insurance requirements as necessary. The applicant shall ensure that all policies remain in full force and effect during all phases of the filming, that they name the city as an additional insured, and that the policies are issued by a company authorized to do business in the State of Texas. j (d) Indemnification. The applicant shall agree to indemnify and hold harmless the city, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, G arising out of or in connection with the activities 1 performed by the applicant within the city, whether such injuries, death, or damages, are caused by the city's sole negligence or the joint negligence of the city and any other party. (e) Approval criteria. The city manager will consider the potential effect on property owners in approving or denying the application, and will endeavor j' to define restrictions to minimize adverse impacts upon the neighborhood. A permit may be denied if, in the opinion of the city manager, the locations, hours, or other factors, such as danger to the public or neighbors, PAGE 2 r Jr c` ;~a~~~aNo 9 - U 5dd 9 film, television movie, television episodic, television commercial, or music video within the city limits, shall obtain a Film Permit from the city manager not less than ten (10) working days prior to filming. The ten day requirement may be waived at the discretion of the city manager. In making such application the applicant shall provide the name of the production company or individual, as well as the dates, times and locatiori where filming will take place. The applicant shall .:so identify by type and number production equipment (trucks, automobiles and other vehicles) involved in the production, and shall disclose detailed information on the use of firearms, fire, pyrotechnics, flammable substances, explosives, or other hazardous materials or effects to be used during filming. (b) Fee. There is no fee for the Film Permit. (c) Insurance. The applicant shall provide proof of comprehensive general liability insurance covering its operations within the city for bodily injury and property damage in the minimum amount of one million dollars ($1,000,000) combined single limit on a per occurrence basis. If hazardous special effects (explosives, fire, etc.) are involved, the city manager may impose addition- al insurance requirements as necessary. The applicant shall ensure that all policies remain in full force and effect during all phases of the filming, that they name the city as an additional insured, and that the policies are issued by a company authorized to do business in the State of Texas. i (d) Indemnification. The applicant shall agree to indemnify and hold harmless the city, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the activities performed by the applicant within the city, whether such injuries, death, or damages, are caused by the city's sole negligence or the joint negligence of the city and any other party. (e) Approval criteria. The city manager will consider the potential effect on property owners in approving or denying the application, and will endeavor to define restri--lions to minimize adverse impacts upon the neighborhood. A permit may be denied if, in the opinion of the city manager, the locations, hours, or other factors, such as danger to the public or neighbors, PAGE 2 A t` p4 76 traffic disruption, or noise make filming as requested y unreasonable. A permit may also be withheld pending applicant's satisfaction of all conditions prerequisite to approval. (f) Permit, The permit shall incorporate all n such other ecessary requirements of this article, together with manager and authorized t by this article appropriate city manager may additionally, as a condition of the permit, require ' applicant to enter into a separate agreement with the f city, incorporating any and all duties or responsibili- ties authorized by this article. i (g) Appeal. An applicant may appeal to the city council the city manager's denial of a film permit. Sao. 14-162. Closing streets for filmin k cation, 9t permit app11- I I As an available option to appearing 1 before the city council to request an ordinance temporarily closing a public street, an applicant for a film permit may apply ; for a street closing permit as provided herein if, during any portion of the filming, access to public rights-of- way this section obstructed may be or denied. incorporat Any into permit a issued permit issued under section 16-181 of this code. i (a) Application. An applicant shall submit a re- quest for a street closing permit at least ten (10) work- ing days prior to the requested closing. The ten-day re- quirement may be waived at the disc managers ration of the city k (b) Barricade plan. Upon application, the apply- I cant shall simultaneously submit a sketch indicating the area to be closed and the location of all properties ad- jacent to the area being closed. A draft of the traffic control plan must be submitted to the city engineer for review and approval prior to the submittal of the final barricade plan. The barricade plan, provided by a pro- fessional barricade company, shall indicate placement of r barricades, types of barricades, warning and detour t signs, and shall conform with the requirements of the Barricade Manual adopted by section 25-92 of this code, " all applicable laws, regulations, and city policies, and r;. shall be consistent with good engineering practice. (c) Street closing petition. The applicant shall circulate a petition and obtain signatures, names and 4t ' addresses from all abutting property owners, tenants, and PACE 3 L ~yv. n 44 r -I ~-~4 merchants potentially affected by the street closing-*7o The petition shall also indicate each signatory's consent or opposition to the closing. A street closing petition form will be provided to the applicant upon request. The original of the street closing petition must be submitted to the city manager five (5) days prior to the requested closing. (d) Traffic control. Prior to submission of the application, the applicant shall coordinate traffic control plans and requirements with the chief of police. Should the chief of police deem it necessary for one or more individuals to direct traffic in and around the closed area, the applicant shall utilize only police officers (as defined in the Uniform Act Regulating Traffic on Highways, Tex. Rev. Civ. Stat. Ann., art. i 6701d, Section 11, as amended or superseded) to effectu- ate this purpose. The applicant may arrange with the chief of police to hire off-duty Denton police officers to assist in project security or traffic control, or both, provided that applicant shall indemnify the city j for any and all injuries sustained by any officers so I hired and comply with such other terms and restrictions as the chief of police may deem appropriate, sec. 16-163. Closing streets for filming= permit ap- proval. receipt ) of pan application procedure. for within a street cl sing permitf the city manager will notify as many city councilmembers as possible of the film permit application by telephone, mail or courier. Should any city ccuncilmember express a concern that public health, safety or welfare will be unduly affected and notify the city manager of this concern within three (3) working days of the dispatch of the city manager's notification, the permit shall be placed on an upcoming city council agenda for consider- ation. If the city manager does not receive any such notification, the city manager may grant the permit if all approval criteria are satisfied. (b) Criteria for approval by city manager. The city manager will receive and consider the recommenda- tions of the city engineer and the police chief in evaluating the street closing application. The city manager will consider the potential effect on property = E,` owners in approving or denying the application, and will endeavor to define restrictions to minimize adverse impacts upon the neighborhood. A permit may be denied if, in the opinion of the city manager, the locations, hours, or other factors, such as danger to the public or I It T i ~ PAGE 4 r. n' Y~ $49 neighbors, traffic disruption, or noise make filming as requested unreasonable. seem 16-184. Changes in schedule. Changes i street closing dates, times, and location must be approved to the prior the city manager five (5) working days be waived actual closing. The five-day requirement ifaan approved at the discretion of the city manager. closure date is later adjust ed advise abutting prop- to satisf the applicant, the applicant of the change in arty owners in writing or in person ! schedule, no less than forty-eight (48) hours in advance of the actual planned closure. sec. 16-193. Access to closed area. The perittee shall not deny access to the closed area to city personnel shall emergency vehicles (police, fire, ambulances), and not deny reasonable access to property owners going to and from their property. Sec. 16-186. Restoration of site. The permittee shall restore the public area to its original o t blockion completion of any or a strt- ity requiring tha or closing of a public Sao, 16-187. permit option not exclusive. Nothing in this article shall be construed city council prevent afor~iuan from approaching t ho street. ordinance to temporarily close a p nTiON ii. That if any section, subsection, paragraph, sen- tence, clause, phraso or word in this ordinance, or application \`J thereof to any person or circumstances is held invalid by any court va- portions of 'holding this shall not andtthee competent jurisdiction, lidity City Coof the remaining ng p Council of the City of Den~tions Toxas, hereby declares it any such invalidity have enacted such remaining po any of the provisions of ordinance III. That any person violating sum not 5J&JJQ& exceeding Five aHundr dal($500)oDollars; and#each day e andaevery day that the provisions of this ordinance are violated l is hin constitute penalty a 6eparate and distinct offense. This and cumulative of any other remedies as may be available at law and equity. ~Fem IV. That this ordinance shall become effective four- teen (14) d roays from the date of its passage, and the City Secretary is hereb directed to cause ublishfA twice in the Denton t Record- hronic,14 theroffieial news- M p Y paper of the City of Denton, Texas, within ten (10) days of the date of its passage. t r; PACE 5 rT y : rr,~ w ~Y• 1 Y andAo Ag,~~alten2 die _La-ZL- C~lv qqq PASSED AND APPROVED this the day of 1994. " BOB CASTLEBERRY, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY r, } BY: ! APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY • Fj BY; i v r r Ef nW'p t':. -1 r ' 4 , iry ~~t l 4. ~PW Y f i+ .y. f l L S 5 + r YN ~t 1; , i 1 2 Y (hA r 1 1 Jr 1 F I 1 ~r t 'r PAGE 6 {.l .J-• 'tly+ ~ +vw', a•l).:Y.i~sv.r sr. ~ i. ~COUNCL w- i ~ - 4 0 G O •yro x 4'+. r L {J NL.nX~" f Q . n Y 14Q6AdAH0 r Apendalt 7 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: Consider Approval of Ordinance for Lard Exchange Contract for City of Denton Property Located at Spencer and Ruddell, Adjacent to the, Power and Water Plants RECOMMENDATION: The Staff recommends approval of the ordinance for an exchange of City of Denton property located at Spencer and Ruddell for property locate adjacent to the City power and water plants. SUMMARY: The City of Denton land proposed for trade consists of approximately 26 acres and is located east and adjacent to the water plant. The staff proposes to exchange it for land of similar value located west of and adjacent to the Spencer Power Plant. The exchange will facilitate future growth of the City's utilities. Y PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: NIA r FISCAL IMPACT: NIA ~ j RESPECTFULLY SUBMITTED: s, U 4dV. mll r r , , 1 Prepared by: Ih ~ r ~ ' ~ E. Ntlson E Executive Director of Utilities Y.,• ? I ,Ill t EXHIBIT I: Ordinance i .13 rbt~ { r b L r I , \ VPWCS \0P➢\/1CWUl ;X . P P D ~a3ndaNo~D~~.~~y,Q r~'1 Ag~ada~fErr~.s tT~F`r Nte " ORDINANCE NO. 2°a 3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT PROVIDING FOR THE EXCHANGE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON AND TOM FOUTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, in accordance with the requirements of TEX. LOC. GOVT CODE ANN. 5272.001 (Vernon 1988), has advertised that for the exchange of a certain tract of real property for another tract of real property located adjacent to the Intersection of Spencer and Ruddell Roads; and WHEREAS, the City Manager having recommended to the City Council that the said exchange of land be approved; and WHEREAS, in accordance with Sec. 12.04 of the City Charter, the Council hereby finds that the property described above is not essential to continued effective utility service; Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton, Texas, approves the contract between the City of Denton and Tom Fouts providing for the exchangge of real property described in the contract, a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein. SECTION FF. That the City Council hereby authorizes the Mayor and City Manager to execute any and all documents necessary to consummate the exchange of real property in accordance, with the contract, and the expenditure of funds incidental to said exchange. SECTION III. That this ordinance shall become effective immediately upon its passage and approval., PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR .,i t i ~;andaNo q s•n2L Ag,ntla:160 J~~ Iala 1 3oa~32 ATTESTi CITY SECRETARY JENNIFER HALTERS, BYi APPROVED AS TO LEGAL FORK: DEBRA A. URAYOVITCHt CITY ATTORUF.Y BY: j 5 q i Ii fir: V1 ;1 rp, I a~ h t ~f1 ( ~y. i J "f~y~l 1 a1 ~S~ ~,1 1~ ~ 1 i r V' PAGE Z ' ?r r T.i: e ~ ~ I v: !'r J' , J 5 ~ y a . , WWI r:q w,uq t {""i113NO L4 -(33LI ~'Oa 3z EXCHANGE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS EXCHANGE CONTRACT (hereinafter "Contract") is made as of the effective date by and between (hereinafter referred to as "Purchaserand CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "City"), upon the terms and conditions set forth herein. EXCHANGE AGREEMENT WHEREAS, Purchaser owns that certain tract of land situated in Denton County, Texas, and being more particularly described in Exhibit A ("Tract A") attached hereto and incorporated herein for all purposes; and WHEREAS, City owns that certain tract of land situated in Denton County, Texas and being more particularly described in Exhibit B ("Tract B") attached hereto and incorporated herein for all purposes; and WHEREAS, Purchaser wishes to acquire Tract B; and WHEREAS, City is willing to convey Tract B upon the terms and conditions contained herein; z NOW, THEREFORE, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) in cash to each paid in hand by the other, the receipt and sufficiency of which is hereby acknowledged and confessed, and of the mutual agreements contained herein, Purchaser and City hereby agree as follows: 1, Exchange AqX m n r: Upon the terms and conditions contained herein, Purchaser . agrees to convey Tract A to City, and City agrees to convey ;4.. Tract B to Purchaser. alt- +y,S r 1 ~ r 1 o*i ILK, T fCY X~ 1 4 Au au -a3y EXCHANGE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS EXCHANGE CONTRACT (hereinafter "Contract") is made as of the effective date by aid between (hereinafter referred to as "Purchaser") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "City"), upon the terms and conditions s set forth herein. EXCHANGE AGREEMENT WHEREAS, Purchaser owns that certain tract of land situated in Denton County, Texas, and being more particularly described in Exhibit A ("Tract A") attached hereto and incorporated herein for all purposes; and WHEREAS, City owns that certain tract of land situated in Denton County, Texas and being more particularly described in Exhibit B ("Tract B") attached hereto and incorporated herein for ull purposes) and I WHEREAS, Purchaser wishes to acquire Tract B; and WHEREAS, City is willing to convey Tract B upon the terms and conditions contained herein; NOW, THEREFORE, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) in cash to each paid in hand by the other, the receipt and sufficiency of which is hereby acknowledged and confessed, and of the mutual agreements contained herein, Purchaser and City hereby agree as follows: 1" Exchange Agreement Upon the terms and conditions contained herein, Purchaser agrees to convey Tract A to city, and City agrees to convey s Tract B to Purchaser. +v r y 4t ~4! 7t. t f ~ e 2. No Creation of Additional Encumbrances by Affirmative Actions. A. Between the effective date and the closing dat.;:, Purchaser agrees that Purchaser will not through affirma- tive actions taken after the effective date create any additional encumbrance affecting Tract A without the express prior written consent of City. City agrees that city will not withhold consent to a proposed additional encumbrance affecting Tract A if such proposed additional encumbrance has no material, adverse effect upon the value, I development, or use of Tract A. If Purchaser through affirmative actions taken after the effective date does create any additional encumbrance affecting Tract A without the express prior written consent of City, Purchaser shall be required to remove any such additional encumbrance at Purchaser's sole cost and expense prior to or at the Closing. j j B. Between the effective date and the closing date, City agrees that City will not through affirmative actions taken after the effective date create any additional encumbrance affecting Tract B without the express prior written consent of Purchaser. Purchaser agrees that Purchaser will not withhold consent to a proposed additional encumbrance affecting Tract B if such proposed additional encumbrance has no material, adverse effect upon value, development, or use of Tract B. If City through affirmative actions taken after the effective date does create any additional encumbrance affecting Tract B without the express prior written consent of Purchaser, City shall be required to remove any such additional encumbrance at City's sole cost and expense prior to or at ti:j time of Closing. 3. Closing Dale. The closing shall be held at the office of Southwest Title Company, Denton, Texas, on or before or At such time, date, and place as city and Purchaser may mutually agree upon lwhich date is herein referred to as the "closing date"). q. Deliv rt of Deeds Easement Agreement and Possession. A. At the Closing, Purchaser shall: (i) execute, acknowl- edge a and deliver to City a General Warranty Deed conveying fy., Tract A to City (the "Purchaser Deed"): (ii) deliver possession of Tract A to City; and (iii) pay City Dollars in cash. PAGE 2 1 !A 9 b oa 3~ B. At the Closing, City shall: M execute, acknowledge, and deliver to Purchaser a Special Warranty Deed conveying Tract B to Purchaser (the "City Deed"); and (ii) deliver possession of Tract B to Purchaser. C. At the Closing, Purchaser and City shall execute, acknowledge, and deliver, each to the other, that certain Easement Agreement (herein so called) whereby Purchaser grants to City an easement over and across land owned by Purchaser, such easement to be for the benefit of Tract A. x 5. Property Tax Liability. 3 A. Purchaser hereby Agrees that Purchaser will pay all 1994 property taxes levied or assessed against Tract A. B. The provisions of this paragraph 5 shall survive the Closing and the delivery of the Purchaser Deed and the City Deed. i 6. Closina Costs. A. Purchaser will pay the filing fees for the City Deed, and City will pay the filing fees for the Purchaser Deed. B. If Purchaser desires to obtain a title insurance policy covering Tract B, Purchaser shall pay the premium therefor. If City wishes to obtain a title insurance policy covering ` Tract A, City shall pay the premium therefor, If only one party desires such title insurance, that party may select the title company. If both parties desire titlu insurance, then it is agreed that the title insurance company shall be Southwest Title Company. 11 C, If tliere are any closing costs not allocated to Purchaser or City herein, such closing costs shall be paid by the party incurring same. 7. Inspection of Property. A. For a period of thirty (30) days after the effective date, Purchaser agrees to allow City to enter upon Tract A for the purpose of inspect.ng the same, and for the purpose of conducting such environmental tests, feasibility studies, and other tests or studies the City deems advis- able. If City, in City's sole discretion, is not satisfied with such inspections, tests or studies, City may terminate this Contract by giving written notice of termination to Purchaser on or before thirty (30) days after the effective date In the event City terminates this Contract pursuant to this paragraph 7, city agrees to restore Tract A substantially to its condition prior to City's entry" PAGE 3 ',yy!yNti J' . 9 Lf 4 J a _ 7o'fi3Z B. For a period of ti,irty (30) days after the effective date, City agrees to allow Purchaser to enter upon Tract B for the purpose of inspecting the same. If Purchaser, in Purchaser's sole discretion, is not satisfied with such inspections, Purchaser may terminate this Contract by giving written notice of termination to City on or before thirty (30) days after the effective date. In the event Purchaser terminates this Contract pursuant to this paragraph 7, Purchaser agrees to restore Tract A substan- tially to its condition prior to Purchaser's entry. 8. Representations and Warranties. A. Purchaser represents there are no toxic or hazardous wastes or materials on or witU n Tract A. f'uch toxic or hazardous wastes or materials incli•.de, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. B with respect to Tract A, the City of Denton assumes the risk of and agrees to indemnify and hold Purchaser harm- less, and to defend Purchaser against and from all claims, costs, liabilities, expenses (including without limitation court costs and attorney's fees), or demands of whatsoever nature or source for any defects or Environmental Problems, latent or obvious, discovered or undiscovered, in the real and chattel property to be conveyed hereunder, causing per- sonal injury to or death of persons whomsoever (including without limitation employees, agents or contractors of the City of Denton, Purchaser or any third party), or causing property damage or destruction of whatsoever nature or contamination to the environment (including without limitation property of the City of Denton or Purchaser, or property in its or their care, custody, or control, and third party property), arising out of acts, omissions or events occurring after Closing. C. With respect to Tract A, Purchaser assumes the risk of and agrees to indemnify and hold the City of Denton harmless, and to defend the City of Denton against and from all claims, costs, liabilities, expenses (including without limitation court costs and attorney fees), or demands of whatsoever nature or source for any defects or Environ- mental Problems, latent or obvious, discovered or undiscov- ered, in the real and chattel property to be conveyed hereunder, causing personal injury to or death of persons whomsoever (including without limitation employees, agents or contractors of Seller, the City of Denton or any third party), or causing property damage or destruction of whatsoever nature or contamination to the environment (including without limitation property of Purchaser or the PAGE 4 1 ~~r.daNfl 5 2 City of Denton, or property in its or their care, custody, or control, and third party property), arising out of acts, omissions or events occurring before Closing. D. With respect to Tract B, t:7e Purchaser assumes the risk of anc.agrees to indemnify a;,„-i hold Purchaser harmless, and to defend Purchaser againa: and from all claims, costs, liabilities, expenses (including without limitation court costs and attorney's fees), or demands of whatsoever nature or sours:- for any defects or Environmental Problems, latent or obvic.- , discovered or undiscovered, in the real and chattel 1, o_,erty to be conveyed hereunder, causing personal inl,u n co or death of persons whomsoever (including without limitation employees, agents or contractors of the City of Denton, Purchaser or any third party), or causing property damage or destruction of whatsoever nature or contamination to the environment (including without limitation property of the City of Denton or Purchaser, or property in its or their care, custody, or control, and third party property), arising out of acts, omissions or events occurring after Closing. E. With re,ipect to Tract B, the City of Denton assumes the risk of and agrees to indemnify and hold the City of Denton harmless, and to defend the City of Denton against and from all claims, costs, liabilities, expenses (including without limitation court costs and attorney fees), or demands of whatsoever nature or source for any defects or Environ- mental Problems, latent or obvious, discovered or undiscov- ered, in the real and chattel property to be conveyed hereunder, causing personal injury to or death of persons whomsoever (including without limitation employees, agents or contractors of Seller, the City of Denton or any third party), or causing property damage or destruction of whatsoever nature or contamination to the environment (including without limitation property of Purchaser or the City of Denton, or property in its or their care, custody, or control, and third party property), arising out of acts, omissions or events occurring before Closing. "Environmental Problems" means any cause or action under the federal Comprehensive Environmental Response Compensa- tion and Liability Act of 1980 (as amended) and any cause or action arising from similar federal, state or local legislation or other rules of law, and private causes of action of whatever nature which arise from environmental damage, toxic wastes or other similar causes. 9. AuIhority. A. Within fifteen (15) days after the effective date, City agrees to furnish to Purchaser, and if necessary, Purchas- PAGE 5 ~';b f Y 1 s a Ader¢3N0 11. Remedies. If Purchaser breaches any of the agreements of Purchaser contained in this Contract and such breach is not cured within fifteen (15) days after City has delivered written notice thereof to Purchaser, City at City's election may either terminate this Contact; or seek all other remedies set forth in this contract or available at law, in equity, or by statute, including specific performance; provided, however, if Purchaser is unable to deliver title to Tract A free and clear of any encumbrances, City's only remedy shall be termination of this Contract unless the encum- brance in question is an encumbrance created after the effective date by the affirmative actions of Purchaser to which City did not consent in writing, in which event City shall be entitled to exercise all of the remedies set forth hereinabove. t If City breaches any of the agreements of City contained in this Contract and such breach is not cured within fifteen (15) days after Purchaser has delivered written notice thereof to City, Purchaser at Purchaser's election may either terminate this Contract; or seek all remedies set forth in this Contract or available at law, in equity or by statute, including specific performance; provided, however, if City is unable to deliver title to Tract 8 free and clear of any encumbrances, Purchaser's only remedy shall be termination of this Contract unless the encumbrance in j question is an encumbrance created after the effective date by the affirmative actions of City to which Purchaser did not consent in writing, in w:,.Lch event Purchaser shall be entitled to exercise all of the remedies set forth herein- above. 12. Attorney's Fees. i Should either party to this Contract commence legal proceedings against the other to enforce the terms and provisions of this Contract, the party losing in such legal proceedings shall pay the attorney's fees and expenses of ; the party prevailing in such legal proceedings. 13. Time of Essence, i•; Time is important to both Purchaser and City in the performance of this Contract and they have agreed that strict compliance is required as to any date set forth herein. if the final date of any period which is set forth in any term or provision of this Contract falls upon a Saturday, Sunday, or legal holiday under the laws of the United States or the State of Texas, then, and in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday, or legal holiday. PAGE 7 , Lwn~ r Co . S o .,y3AGG~J.Ili}r.r~r.~' . _ - ~ o db32 14. Nom. Any notice required or desired to be given to either party hereto shall be deemed to be delivered (i) on the date of delivery, if hand delivered, (ii) one (1) day after sending, if sent by overnight courier, or (iii) if sent by mail, the day the same is posted in a U.S. mail receptacle, postage prepaid, certified mail, return receipt requested, to the address of the applicable party set out above such party's signature hereinbelow. Either party hereto may j change such party's address for notice, but until written notice of such change of address is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. 15. Sevepabillty. If any term or provision of this Contract is held to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining terms and provisions of this Contract Shall not be affected thereby, and in lieu of each such illegal, invalid, or unenforceable term or i provision there shall be added automatically to this contract a legal, valid, and enforceable term or provision as similar as possible to the term or provision declared illegal, invalid, or enforceable. 16. Waiver. Either Purchaser or City shall have the right to waive any requirement contained in this Contract, which is intended for the waiving party's benefit, but, except as otherwise specifically provided herein, such waiver shall be effect- ive only if in writing executed by the party for whose benefit such requirement is intended. 17. Cumulative Rights and R m d s. Except as specifically limited herein, no right or remedy set forth in this Contract is intended to be exclusive of any other right or remedy set forth in this Contract or by law provided, but each shall be cumulative and in addition to every other right or remedy set forth in this Contract or now or hereafter existing at law or in equity or by ? statue. 18. Captions. The captions used in connection with the articles and sections of this Contract are for convenience only and shall not be deemed to expand or limit the meaning of the language of this Contract. ' PAGE 8 1 . ' K cis , ti;;;ada~o._ y 14 19. Use of LangruAge. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular shall be held to include the plural, unless the context otherwise requires. 20. Exhibits. All exhibits, attachments, annexed instruments, and addenda referred to herein shall be considered a part hereof for all purposes with the same force and effect as if copied verbatim wherever reference is made to same. 21. No representations or Warranties. Except for the special warranty of title contained in the City Deed, Purchaser hereby acknowledges that City has not made any representations or warranties to Purchaser with respect to the suitability of Tract B for any intended use, the condition of Tract B (including soil and sub-soil conditions), the appreciation or income potential of Tract B, the zoning of Tract B, the platting of Tract B, avail- ability of utilities to Tract B, access to Tract B, requirements in connection with any development of Tract B, or any other matter whatsoever. Purchaser further acknowl- edges and agrees that Purchaser has investigated all matters of concern to Purchaser with respect to Tract B prior to the effective date and that Purchaser is not relying on any representation or warranty from the City with respect to such matters except for the special warranty of title contained in the City Deed. i 22. Entire Agreement. This Contract embodies the entire agreement between Purchaser and City with respect to the subject matter hereof and supersedes all prior agreements whether written ' or oral. I y_i, 23. Amendment. Except as otherwise specifically provided herein, this Contract may not be amended, varied, or terminated except { by an agreement in writing executed by both Purchaser and City. 24. Binding Effect. Except as otherwise provided herein, this Contract shall be binding upon and inure to the benefit of Purchaser and City and their respective successors and assigns. PAGE 9 . Wwtiu~ 1 ',g2~GaNo z2- 25. Effective Date. 124-30- The effective date of this Contract shall be the latest { date either party signs this Contract. EXECUTED by Purchaser and City as of the effective date. PURCHASER: CITY: CITY OF DENTON Address: Address: 215 E. McKinney Denton, Texas 76201 By. _ By: Title: Title: By: By: Title: Title: { i STATE OF TEXAS COUNTY OF DENTON ! This instrument was acknowledged before me on by ` NOTARY PUBLIC IN AND FOR TEXAS I STATE OF TEXAS COUNTY OF DENTON f This Instrument was acknowledged before me on yp y NOTARY PUBLIC IN AND FOR TEXAS STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, the on by LLOYD V. HARRELL, City Manager, of the City of Denton, PAGE l0 „r ~ R i F , BIJ:YVB rrsA~ -~~~c,ha 9 ~1-03 j W yi .:l'1:~~ a municipal corporation, known to me to be the person and off cerr whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. i NOTARY PUBLIC IN AND FOR TEXAS ! ATTEST: JENNIFER WALTRRS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: j DEBRA A. DRAYOVITCB, CITY ATTORNEY BY: 1 i { PAGE 11 r / A, a M'.t M~ i r rv v+.: a ;:iniShO. CITY OF DENTON,t.ao_ . BID # 1676 i 1 I a ~ i i EXCHANGE OF LAND OPENING DATE: OCTOBER 13, 1994 "r r ; 1. ~ a n Y r t SPECIFICATIONS fAg ;v ;iarq S The 37.7466 acre tract of land being part of Lot 1, Block 1, part of f.ot-1z,d9 X w by the City of Denton, v - Street right-of-way, of the Municipal Utility Addition, currently 0 legal description attached. is available for exchange of real property and cash. Site p g The proposed site must meet the following criteria: L Minimum 10.679 acres and $10,000.00 cash 3. Land shall lie adjacent to existing Municipal Utility Addition with frontage on f Spencer Road 3. Topography flat to gently sloping 4. Within the city limits of Denton 5. Be free of all liens, encumbrances, and taxes „~noncsr c ct~BM1TTED MIST O 1 i 1. Site map and legal description metes and bounds 1. Certification that the tract is free from liens, encumbrances, and taxes ! 3, Certificate of title or proof of ownership l proposed and deed of title certificate will be the j A) Cost survey of the bidder property responsibility of the bidder and must be available upon request but not required with bid submitted. B) Purchaser shall execute a contract in the format attached hereto. C) City will transfer by special warranty deed. r: froasoj S not- Co'-~faLn.. p; t l .y r r "tr h. r 1w••~ C VYPn~ cc) BID PROPOSALS toe /we TERWO REALTY, INC (Owner) offer the following described property and i SI0,0 cash in exchange for chi 27.7488 acres owned by the City of Denton and described i .09 her ' o t t forth i the Notice to Bidders. October 3, 1994 gnature Date r F~ i > u 0, it A 6. xtF '.r a aif r.,' Pk jet r ~F NOTICE TO 1111)DERS Ag~,,v q r, Sealed bid proposals 0-CM BER addressed 13, to the 199 City of Denton PurchasinB DeJa'n-me nt of~~~ exas r1 ,1 Street, Denton, Texas 76201, will be received at the office of the office of the Purchasing Agent BID q 1676 -FOR THE EXCHANGE OF APPROXIMATELY 27.7488 ACRES ` LOCATED NORTHEAST OF AND ADJACENT TO THE DENTON MUNICIPAL S PLANT (PARTS OF LOT I, BLOCKI, AD OF LAND t RIGHT-OF-WAY' The bids will be publ CN LOT 1, BLOCK 2, AND POV+'ER j specified time and date will be returned to the y oiler ed and read. Bids received Rla erShan he reviewed and awarded by the City Council as soon theunopened. reafter As The bids will then be officially possible. All bid proposals must be made in duplicate and included the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within 60 days from and after the date of the bid o ning cashier's check, certified check, or accepted bidders bond Each payable bid must without be accompanied recourse to the city of Denton, Texas in the amount of 52,500.00 submitted as a guarantee that the bidder will end a into a contract within fifteen (15) days after the notification b 10 idder, Qualified prospective'bidders may obtain copies of the d Invi ation}with nnfoqrrhat on ion located bidders, id oposals. plansDen~o sTexas pec at ttherseA he office of the Purchasing Agent, at 901-B Texas , ~ tee Center Complex. No officer or employee of the City of Denton shall have a financial interest, direct or indire in any contract with the City of Denton. ct, The City of Denton, Texas, reserves the right to reject any and all bids and to waive defec bids. ts in Minority and small business vendors or contractors are encoura of Denton projects, Bed to bid on any and all City CITY OF DENTON, TEXAS 1 Tom D. Shaw, C.p.M, Purchasing Agent This advertisement to run s IbER 29 and OCTiDBER 6 1994 A; Yx'S i C ~I J e I i,A , - T-7, ~ t ,a„'.T ri ~ ` / "T`'~- F~ a lyre l Y 1 /i=, I1'..i~.ll~~. a +:a•:~ ~1. rtr•,.•` . ~ { i aR I ~ '.A•il. ~ i ~ ..I,TN A C~~~ rk,I,IN.1 ~ ~L IL /f pl IIbMI itL1...~ • 1. w~ 1 1I'. •a y1~1~ N'I -.a1-7•~ . I ° .1-.4111 / , y.J 1 f-'7 f r . I 1 dir. ~ . I~ `I r ' I 1 `fi't r ~ t 1 I 1 • ~ I ~1U1 1 { ♦tt~ Mn % ~ I ~1 ~ 1 ~ J 1Y as 11tH Iw/11r1 C i A V• . fI It 1 ,r i 1• A a,. 1 • Willey as, . IIII 11 rf1 _ IN.M . Mllfl, f•xt+r 4 i AT I ON hop 2 NL!•' 7~ f r rr i , ~l v ! i i •xr M'N•1 OM~ 79' fX:STIWQ A O.M. 1 t t ~tsll . w r.t. V 4 , y LOl! 7J ~r of 99rML it Urr ACOOY 7 ! ri ~ ~ ~ .4919R^F WlllNltL.l.a t. •~w IMI.'M•• Nv tl' ~.w ac 4. r ri•rrH• 1 J 0.B~! ACREJ \ Olu 111.11'{x• / • •1~~•• w WWI E DATA TABLE xw Nrs~ q VO'1p• 911.01• +79.0• MN tk 1l try.: Lat. > 2a. 19• • ~ ~ 't~~10~ /t0.11' t30. 21• ' -~I I u n • I r ' 1 110.99' 211.11' `0' u1~M1C •K'*!( IN /eFfM! 'f l'19' 741.91' 21L7{• 4 1,-~ ,t~~~/~~ I JI !II if@ j! t a.i l i r 6 P LA -0 3 e~daNo 107 118 9U ALL that certain lot, tract or parcel of ing and being i0ogn situated in the City and County of Denton, "`55~ C end being part of the Mary Austin Survey, AbstraA,**. a d_bAina part of Lot 1, Block 1 and part of Lot 1, Block 2 of the Municipal Utility Addition, an addition to the City and County of Denton, and more particularly described as follows: COMMENCING at the northwest corner of said Lot 1, Block 1; THENCE south 020 131 34" west along the west boundary line of said Lot 10 Block 1, a distance of 110.27 'feet to the POINT oP BEGINNING, said point being the southwest corner of a drainage and utility easement as shown on said plat; THENCE north 880 12' 27" east, along said easement south boundary line a distance of 149.37 feet to a point for corner; THENCE south 57. 16,1 37" east, continuing along said easement south boundary line a distance of 824.65 feet to a point for a corner in the east boundary line of said Lot 1, Block 1; THENCE south 04 080 00" east, along the east boundary line of said Lot i, Block 1, passing at 394.04 feet the southeast corner of said Lot 1, Block 1, same being the north right-of-way line of Morse Road, continuing and passing the south right-of-way of Morse Road, same being the northeast corner of said Lot 1, Block 2, continuing and along the east boundary linj of said Lot 1, Block 2, a total distance of 1137.91 feet to a point for a corner; THENCE south 880 05,1 58" west, a distance of 864.11 feet to a point for a corner, said point being a salient corner of said Lot 1, E Block 21 said point also being the easterly southeast corner of a tract described in Volume 2124, page 775, Real Property Records Denton County Texas (R.P.R.D.C.T.); THENCE north 00 360 10" east, along the west boundary line of said Lot 1, Block 2, same being the east boundary line of said tract described in Volume 2124, Page 775 R.P.R.D.C.T., passing at 918.55 feet the northwest corner of said Lot 1, Block 2, same being the south right-of-way of Horse Road, continuing and passing the north right-of-way of Horse Road, same being the southwest corner of said Lot 1, Block 10 continuing and along the west boundary line of said Lot 1, Block 1 a total distance of 1572.24 to a point for a corner; THENCE north 020 130 34" east, continuing along the west boundary line of said Lot 1, Block 1, a distance of 35.55 feet to the place of beginning and containing 27.708 acres of land, more or less. t. AEE003F7 r t. Y 1 : F♦ it 1 36CduN0. LA- C3- L 1~jL',uu:iEG7 7 EXCHANGE CONTRACT Iq a lo~3Z STATE OF TEXAS COUNTY OF P£NTON THIS EXCHANGE CONTRACT (hereinafT errW"0 Contract") is made as of the effective date by and between ER REALTY, INC. (hereinafter referred to as "Purchaser") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "City"), upon the terms and conditions set forth herein. EXCHANGE AGREEMENT WHEREAS, Purchaser owns that certain tract of land situated in Denton County, Texas, and being more particularly de c rbedfin Exhibit A ("Tract A") attached hereto and incorporated all purposes; and WHEREAS, City owns that certain tpartract (land described in Denton County, Texas and being more arly [ Exhibit B ("Tract B") attached hereto and incorporated herein for k ! all purposes; and WHEREAS, Purchaser wishes to acquire Tract B; and ) WHEREAS, city is willing to convey Tract B upon the terms and conditions contained herein; NOW, THEREFORE, for and in consideration of the sum of Ten and e other no/100 Dollars ($10.00) in cash to each paid in ha ac by th edged and the receipt and sufficiency of which is hereby confessed, and of the mutual agreements contained herein, Purchaser and City hereby agree as follows: 1, ^4rhanae Agreement Upon the terms and conditions contained h agrees ,to convey , , agrees to convey Tract A to city, and City r Tract B to Purchaser. o Additional ^'•mh*ances _bv Af_firID351L'B 111 ~ date, 2, p ion A. Between the effective date and the closing Purchaser agrees that Purchaser will not through affirma- V. 41 a.• rive actions taken after the effective date create additional encumbrance affecting Tract A without the express prior written consent of City. City agrees that City will not withhold consent to a proposed additional encumbrance affecting Tract A if such proposed additional encumbrance has no material, adverse effect upon the value, development, or use of Tract A. If Purchaser through affirmative actions taken after the effective date does create any additional encumbrance affecting Tract A without the express prior written consent of City, Purc'aser shall be required to remove any such additional encumbrance at Purchaser's sole cost and expense prior to or at the Closing. B. Between the effective date and the closing date, city agrees that City will not through affirmative actions taken after the effective date create any additional encumbrance affecting Tract B without the express prior written consent of Purchaser. Purchaser agrees that Purchaser will not withhold consent to a proposed additional encumbrance affecting Tract B if such proposed additional encumbrance has no material, adverse effect upon value, development, or use of Tract B. If City through affirmative actions taken after the effective date does create any additional encumbrance affecting Tract B without the express prior written consent of Purchaser, City shall be required to remove any such additional encumbrance at City's sole cost , and expense prior to or at the time of Closing. 3. Closinc Date. i The closing shall be held at the office of DENTEX Title t Company, Denton, Texas, on or before , or at such time, date, and place as City and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). 4. Delivery of Deeds Easement Agreement and Possession. A. At the Closing, Purchaser shall: (i) execute, acknowl- edge and deliver to City a General Warranty Deed conveying Tract A to City (the "Purchaser Deed"); (ii) deliver possession of Tract A to City; and (iii) pay City Ten Thousand and no/100 Dollars ($10,000.00) in cash. B. At the Closing, City shall: M execute, acknowledge, and deliver to Purchaser a Special Warranty Deed conveying Tract B to Purchaser (the "City Deed"); and (ii) deliver possession of Tract B to Purchaser. C. At the Closing, Purchaser and City shall execute, acknowledge, and deliver, each - the other, that certain Easement Agreement (herein so filled) whereby Purchaser PAGE 2 i t ~j r~;fr a ~ I~ e ~ f qu, 63 grants to City an easement over and acrosd-land-owned by Purchaser, such easement to be for the benefit of Tract A. 5• P rope rte Tax Liability. A. Purchaser hereby Agrees that Purchaser will pay all estimated 1994 property taxes levied or assessed against Tract A, prorated from January 1, 1994, through Closing, at a rate of per day. B. The provisions of this paragraph 5 shall survive the Closing and the delivery of the Purchaser Deed and the City Deed. 6. CI!2sina Costs. A. Purchaser will pay the filing fees for the City Deed, and City will pay the filing fees for the Purchaser Deed. B. If Purchaser desires to obtain a title insurance policy covering Tract B, Purchaser shall pay the premium therefor. If City wishes to obtain a title insurance policy covering Tract A, City shall pay the premium therefor. If only one party desires such title insurance, that party may select the title company. If both parties desire title insurance, then it is agreed that the title insurance company shall be fi C. If there are any closing costs not allocated to 3 Purchaser or City herein, such closing costs shall be paid j by the party incurring same. ! J 7, i~apr,~,jon of Property. A. For a period of thirty (30) days after the effective date, Purchaser agrees to allow City to enter upon Tract A j for the purpose of inspecting the same, and for the purpose ; of conducting such environmental tests, feasibility studies, and other tests or studies the city deems advis- able. If City, in City's sole discretion, is not satisfied with such inspections, tests or studies, City may terminate this Contract by giving written notice of termination to Purchaser on or before thirty (30) days after the effective date. in the event City terminates this Contract pursuant to this paragraph 7, City agrees to restore Tract A substantially to its condition prior to City's entry. B. For a period of thirty (30) days after the effective date, City agrees to allow Purchaser to enter upon Tract B au for the purpose of inspecting the same. If Purchaser, in Purchaser's sole discretion, is not satisfied with such inspections, Purchaser may terminate this Contract by J.; gluing written notice of termination to City on or before PAGE 3 ,y 1 i!, yt, 9 thirty (30) days after the effective date. In the a edt Purchaser terminates this Contract pursuant to this paragraph 7, Purchaser agrees to restore Tract A substan- tially to its condition prior to Purchaser's entry. 8. Authority. A. Within fifteen (15) days after the effective date, City agrees to furnish to Purchaser, and if necessary, Purchas- er's Title Company, written evidence of the authority of the party(s) executing this Contract on behalf of the city. City agrees to furnish to Purchaser, and if necessary, Purchaser's Title Company, at or prior to the Closing written evidence of the authority of the party(s) executing the City Deed on behalf of the City. B. Within fifteen (15) days after the effective date, Purchaser agrees to furnish to City, and if necessary, City's Title Company, written evidence of the authority of the party(s) executing this Contract on behalf of Purchas- er. Purchaser agrees to furnish to City, and if necessary, City's Title Company, at or prior to the Closing written evidence of the authority of the party(s) executing the Purchaser Deed on behalf Purchaser. 9. No Commissions. Purchaser and City warrant and represent to each other that no real estate brokers', agents', or finders' fees or commissions are due arising in connection with the exchange 1 of Tract A for Tract B, from the execution of this contract r or from the consummation of the transactions contemplated herein, and each party hereto hereby agrees to indemnify and hold the other party harmless from claims made by any person for any such fees, commissions or like compensation f claiming to have dealt with the parr-, so indemnifying the i other. i 10. Remedies. i If Purchaser breaches any of the agreements of Purchaser contained in this Contract and such breach is not cured within fifteen (15) days after City has delivered written notice thereof to Purchaser, City at City's election may either terminate this Contact; or seek all other remedies set forth in this Contract or availrble at law, in equity, or by statute, including specific performance; provided, however, if Purchaser is unable to deliver title to Tract A free and clear of any encumbrances, City's only remedy shall be termination of this Contract unless the encum- brance in question is an encumbrance created after the effective date by the affirmative actions of Purchaser to which City did not consent in writing, in which event City PAGE 4 'ra r ; Se k r(~]/)~ ;1532 Q7 shall be entitled to exercise all of the reme3le ss et forth hereinabove. If City breaches any of the agreements of City contained in this Contract and such breach is not cured within fifteen (15) days after Purchaser has delivered written notice thereof to City, Purchaser at Purchaser's election may either terminate this contract; or seek all remedies set forth in this Contract or available at law, in equity or by statute, including specific performance; provided, however, if City is unable to deliver title to Tract H free and clear of any encumbrances, Purchaser's only remedy shall be termination of this Contract unless the encumbrance in question is an encumbrance created after the effective date by the affirmative actions of City to which Purchaser did not consent in writing, in which event Purchaser shall be entitled to exercise all of the remedies set forth herein- above. 11. Attorney's Fees. Should either party to this Contract commence legal proceedings against the other to enforce the terms and provisions of this Contract, the party losing in such legal proceedings shall pay the attorney's fees and expenses of the party prevailing in such legal proceedings. 12. Time of Essence, E ,III Time is important to both Purchaser and city in the performance of this Contract and they have agreed that E strict compliance is required as to any date set forth herein. If the final date of any period which is set forth in any term or provision of this Contract falls upon a Saturday, Sunday, or legal holiday under the laws of the United States or the State of Texas, then, and in such event, the time of such period shall be extended to the ' next day which is not a Saturday, Sunday, or legal holiday. 13. gQtic@M, r' Any notice required or desired to be given to either party hereto shall be deemed to be delivered (i) on the date of delivery, if hand delivered, (ii) one (1) day after sending, if sent by overnight courier, or (iii) if sent by mail, the day the same is posted in a U.S. mail receptacle, postage prepaid, certified mail, return receipt requested, to the address of the applicable party set out above such party's signature hereinbelow. Either party hereto may change such party's address for notice, but until written notice of such change of address is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. PAGE 5 + qY ya ,:S+iU 4 14. covPrability. If any term or provision of this Contract is held to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining terms and provisions of r this Contract shall not be affected thereby, and in lieu of each such illegal, invalid, or unenforceable term or provision there shall be added automatically to this Contract a legal, valid, and enforceable term or provision as similar as possible to the term or provision declared illegal, invalid, or enforceable. 15. Waiver. Either Purchaser or City shall have the right to waive any requirement contained in this Contract, which is intended for the waiving party's benefit, but, except as otherwise specifically provided herein, such waiver shall be effect- ive only if in writing executed by the party for whose benefit such requirement is intended. v Rights and Remedies. 16. ,mLlati~ Except as specifically limited herein, no right or remedy set forth in this Contract is intended to be exclusive of any other right or remedy set forth in this Contract or by law provided, but each shall be cumulative and in addition to every other right or remedy set forth in this Contract or now or hereafter existing at law or in equity or by statue. V. MUM. The captions used in connection with the articles and sections of this Contract are for convenience only and shall not be deemed to expand or limit the meaning of the language of this Contract. 18. Use of Languagg. Words of any gender used in this Contract shall be held and zonstrued to include any other gender, and words in the singular shall be held to include the plural, unless the r` context otherwise requires. . s 19. EXhibw. All exhibits, attachments, annexed instruments, and addenda referred to herein shall be considered a part hereof for all purposes with the same force and effect as if copied verbatim wherever reference is made to same. 20, ~q ~P,pxe~Enta ions or Warranties. PAGE b MK1i f i M ,n 1 MOT 1-15 F~ A. Except for the special warranty of title contained in the City Deed, Purchaser hereby acknowledges that City has not made any representations or warranties to Purchaser with respect to the suitability of Tract 8 for any intended use, the condition of Tract B (including soil and sub-soil conditions), the appreciation or income potential of Tract B, the zoning of Tract B, the platting of Tract 8, avail- ability of utilities to Tract B, access to Tract B, requirements in connection with any development of Tract B, or any other matter whatsoever. Purchaser further acknowl- edges and agrees that Purchaser has investigated all matters of concern to Purchaser with respect to Tract B prior to the effective date and that Purchaser is not relying on any representation or warranty from the City with respect to such matters except for the special warranty of title contained in the City Deed. B. Except for the general warranty of title contained in the Purchaser's Deed, City hereby acknowledges-.'that Purchaser has not made any representations or warranties to City with respect to the suitability of Tract A for any intended use, the appreciation or income potential of Tract A, the zoning of Tract A, the platting of Tract A, avail- ability of utilities to Tract A, access to Tract A, or requirements in connection with any development of Tract A. 21. Entire Agreement. This Contract embodies the entire agreement between Purchaser and City with respect to the subject matter hereof and supersedes all prior agreements whether written or oral. 3 22. Amendment. Except as otherwise specifically provided herein, this Contract may not be amended, varied, or terminated except by an agreement in writing executed by both Purchaser and City. 23. Binding Effect. Except as otherwise provided herein, this Contract shall be binding upon and inure to the benefit of Purchaser and City and their respective successors and assigns. 24. Effective Date. The effective date of this Contract shall be the latest PAGE 7 ~s r+ 'j 9Y W~ r] date either party signs this Convo,'(ct-((~_-/ EXECUTED by Purchaser and City as of the effective date. PURCHASER: CITY: TERRANO R TY, INC. CITY OF DENTON Address. amp e a Address.: 215 E. McKinney H Denton, Texas 76201 By. D By- C T' e: President Title.-_ By: By: Title: Title: i E i STATE OF TEXAS COUNTY OF WNM HARRIS This instrument was acknowledged before me on October 3, 1994 by JOHN M. McCORHACK E NOTARY PUBLIC IN AND FOR TEXAS STATE OF TEXAS COUNTY OF DENTON i This instrument was acknowledged before me on _ NOTARY PUBLIC IN AND FOR TEXAS STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, the on by LLOYD V. HARRELL, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of the said City of Denton, PAGE 8 • ♦ rnnM~ s f jJF tsnOaA'o - G~ i Texas, a municipal corporation, that he was dulgj; horized tolo ! perform the same by appropriate ordinance of the City Council of- the City of Denton and that he executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. NOTARY PUBLIC IN AND FOR TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I j t 1 a' } PAGE 9 ~k ,ifai~ ~ . J„ _.,I r .R`(~~~[~~•R_ .1L ~ `1 , 'l 1~ (t ~"1 r,Q M 1±I+~il. I..~ n. ~ " .t "J.•.w~.I ttL/Jrr~4e0` _ ~wr MM r , Jim 1 POIL ZZ& t e . i l QiT :LE~~.'SN ~EA~•33~R::65G4! P.P- L x - v rndaNo. T N b 10'46- E 542,36' I I 9 TRACT a f 4. 0-17 C, I p ~USTIN~ SURVEY A-4 44, ARY L. T ~ \ J&j I kIN I APPROx. LOTS OF n FLOOD ZONE AE 'I PO f s' 00. POPOSED J `Q 4 60' D.E. 9.565 ACRES N N a, ~y• m ry I , .44 i. ~ R C dd. fa. A p+ ~ d ~ t ` 3° Je, r >~e , v) _ ' DALLAS LAND oEVELOPVEN' dl T ACRES APPRO'r, i NEWELL M. Oa'EN PARHAM t' ' ' J CREEK VOL 832. PG 79 3 I ly Sd ~ O.R.D.G~. I I 3 1 y N620aJ4 J~ej Aq I 1 i o 1 IA R S "i TRACT It I ya e,~a, for (TRACT t3) o.RO~T e { s~Ock J Q. Rs°t 4 A* ~ a ° Ebb s sb'o 4' w y ~'s~• 46.63 tam wrv4F +n4 drad tonMf". d --al 6+Y VIM bind k Vo. 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'all ts /rArtr a !j H uy. n• ]YI u0 NILI {I C' ulOtP• r ~ 41 Awl 111.7 AT I ON AMP y .4~ a y at.=r r b 4 1 f r'r' / K .rrta / ttr~ i + lD' (i1971N0 R.O.-r- r.,r - _ 1 crm r o•.• ^ J r' /tt :1/TAIL v ,r• 42.!67 AQ1f! i S otoiuTIN g Ile / ~ IMM'M'• Tar i' A lee !/tit ~ 9 •.1r wil w fi } tlRlPl \AI'y . Y` INS I Twinar r 7 cayti.• aa► -1 JIM mr nan of / r'RC+4A 1FVE OAYA TAKE i A R L re• art t IA d.r eI lrt ._.'sl(~ I1111AL CIIAI'N (~j.r.c i 2y•40'OD' 11.71, 1".97 IIMIYIi1J~~!'ri:o/twa~!•MWfOM►1nt• y~~yry1 y~/ mere* 1 2S•40'00• 249.36' in 21'14 70' 9 299.79' ~/S J~r„'4J,',`'~s/•,`_ i 17'!1'30• 900.00' S 3 Ir . Y • 7 -.2 t' •A COUNT hw f1.; r L~ iT ~AeAdaN afto - 3 ApanO eta CITY COUNCIL AGENDA ITEM Q TO: MAYOR AND MEMBERS OF THE CITY COUNCIL J FROM: Lloyd V. Harrell, City Manager RE: Designated Representative b RECOMMENDATIONi ! I I The Electric Utility recommends executing contracts appointing Jim Harder and Jim Thune as Designated Representative and Alternate Designated Representative respectively for the City of Denton concerning Federal Clean Air Act and Amendments Activity. SUMMARYi The Federal Clean Air Act requires a Designated Representative (DR) i to represent and legally bind an owner and operator, as a matter of Law, in matters pertaining to the Acid Rain Program. The recommendation assigns responsibilities of the Designated Representative to Jim Harder, Director Electric Utilities and Alternate Designated Representative to Jim Thune, Manager Electric Production Division. BACRGROUNDi Clean air Act Legislation requires The City of Denton to select an I Acid Rain Program Designated Representative. According to the legislation this designated representative must be given the authority to legally bind each owner and operator regarding matters ~ pertaining to the Acid Rain Program of the Environmental Protection Agency. The designated representative, each owner and each operator is held civilly and criminally liable for violations concerning the Clean Air Act. The Designated Representative (DR) is defined in the Federal Register, Environmental Protection Agency, 40 CFR Part 72 & 72.2 AS "a responsible natural person authorised by the owners and operators of an affected source and of all affected units at the ki, source as evidenced by a certificate of representation submitted in accordance with sub part B of this part, to represent and legally bigd each owner and operator., as a matter of federal law, in a<•; matters pertaining to the Acid Rain Program.' 1ri s r -..ova if a mm 215 . ~,:Oui4b / ~lr vJ The certificate of representation mentioned in t.heydefinition of the DR further defines the duties and requires: authorit -pR, In part 72.20 it states that there will be one and only one DR with regard to all matters under the Acid Rain Program and his or her actions, inactions or submissions, legally bind each owner and operator of the affected source not withstanding any agreement between the DR and the owners and operators. No Acid Rain permit shall be issued to an affected source until the DR certificate of representation is completed. In part 72.21 several required i statements to be included with submissions under the Acid Rain Program reveal the impact of the required authority. The following statements, which shall be included verbatim in such submissions are. (1) "I am authorized to make this submission on behalf of the owners and operators of the affected scurce or affected units for which the submission is made." 12) *1 certify under penalty of law that I have personally 1 examined, and am familiar with, the statements and information oubmitted in this document and all its attachments, eased on my the those individuals with o information btaining of I certify r that the pstatements and are to the best o accurate, and complete. Iam aware that knowledge are belief significant penalties for submitting false statements and information or f omitting required statements and information, including the possibility of fine or imprisonment." In part 72.24 there are again several required statements that must be included in the Certificate of Representation. These statements are: o "I certify that I was selected as the 'Designated Representative' (or 'Alternate Designated Representative') by an agreement binding on the owners and operators of the affected source and each affected unit at the source.* o "I certify that I have given notice of the agreement, selecting me as the 'Designated Representative' (Alternate Designated Representative) for the affected source and each affected unit at the source identified in this certificate of representation, daily for a period of one week in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice." o "I certify that I have all necessary authority to carry out my duties and responsibilities under the Acid Rain Program on behalf of the owners and operators of the affected source and of each affected unit at the source and that each such owner and operator shall be fully bound by my actions, inactions, or submissions." o "I certify that i shall abide by any fiduciary responsibilities imposed by the agreement by which I was selected as 'Designated Representative' ( Alternate Designated Representative). o "I certify that the owners and operators of the affected source and of each affected unit at the source shall be bound by any order issued to me by the Administrator, the court regarding the source or unit," Permitting authority, or a a~ 1 r , F } YYS'+N u- gcndaNo .7 -1 PROGRAMS, DEPARTMENT, GROUPS AFFECTED: igdnda!to tG-/_ '9y City of Denton "OWNER" 3 3 City Council, Public Utility Board, Electric Utility, Electric Production, Jim Harder, Jim Thune FISCAL IMPACTt Clean Air Act Non-Compliance penalties could result in minimum fines of $25,000 per day. Respectfully submitted, 4 Lloyd V. Harre City Manager Prepared by: t Jim Thune, Managerk Electric Production Division Approved by: R.E. Nelson, Execut ve Director Department of Utilities j Exhibits I: Contract between City and Jim Harder. t Exhibits II: Contract between City and Jim Thune. filename: desrep.wp5 n a 4 a v a,✓ . I J r l~ y 1 1 I ~ d M ~ ~ 4r t^e •ae 1. ~ A C I ya tip ~ .CITY COUNCI i i 4 *A O a 6 • t3 d 4~ 1 OM t~ Y fY r Date CITY of DENTON, TEXAS MUNICIPAL BUILDINO / DEN'TON, TEXAS 76201 / TELEPHONE (817) 5668308 Office of the City Secretary MEMORANDUM F DATE: October 14, 1994 TOs Mayor and Members of the City Council a; FROM. Jennifer Walters, City Secretary " hi SUBJECT: Board/Commission Appointments The following is a list of the vacancies for the Cityrs 5r Boards/Commissions: h4 r Council Member Perry has nominated Rev. Larry Nicholson to the f Human Services Committee. If you need any further information, please let me know. S Je e s ` Y sec ary I Yj t- ACCOOOF4 z yrJYj(~J a F ' ~ ~ ~ X~1 446, ~ X. }r ' {I i v u t ! 1 1 Y 1 ......i,Mf VIWAYY'YTIf'YYr yl ♦ ~uh ~~trh _ 1~ 1. S i ~,,C_ r~ rk it 11 ~2 CITX COUNCI ~I II! _J ee e,~ e t, s 0 tp CITY= COUNCI i 6 ~ A 4 e~ Y ' it S V" _ If.I ( CITY COUNCIL. REPORT REGULAR SESSION DATE: October 18, 1994 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Resolution for City of Denton "Off-Duty injury or Illness Policy" (107.05) RECOMMENDATION• f f It is the staff's recommendation to adopt a resolution to implement a new policy, "Off-Duty Injury or Illness" (107.05), effective November 1, 1994. Ys The ability of the City to provide timely and adequate salary 1 f continuation and benefit programs to assist City employees absent from the job due to an injury or illness is dependent upon the city's ability to coordinate its handling of each individual case. This policy seeks to create a coordination and uniformity of the handling of all city employee disability or injury cases. BACKGROUNDt with the implementation of the Family and Medical Leave Act and the Americans with Disabilities Act, the coordination of benefits for employees who are seriously injured, ill or disabled has become more complex. The "Off-Duty Injury or illness" policy sate forth f guidelines for employees who are unable to work for an extended time period due to an off duty injury or illness. These guidelines ensure the supervisor is kept informed of the prognosis of the employee so that appropriate arrangements can be made to continue the smooth operation of the affected department. They also ensure the appropriate Human Resources staff representative is notified to continue proper benefit accrual and coverage. This policy also incorporates a guideline that may allow "business necessity termination" in the event an employee is unable tc -eturn to work for longer than six consecutive months. This section of i APP00692 r' e • 4 RTY b~ Y a City Council Report Aosndalto Injury Policy We------- Page 2o$ the policy applies to employees who have received either an on-the- job injury or illness or an off-the-job injury or illness, and are F unable to work for longer than six consecutive months. Therefore, the "Occupational Injury Policy" (409.1) has also been revised to refer to this policy in the event "business necessity terwinaticn" is considered for an employee who is unable to work for six consecutive months due to an on the job injury or illnera. J PROGRAMS DEPARTMENTS OR CRA1fAa A1`ccnmrn j All regular full-time and regular part-time employees who have completed the six month probationary period are affected by this policy. Civil Service employees will be governed by the provisions I outlined in Chapter 143 of the Texas Local Government Code unless } ( Chapter 143 does not address the disability issue, in which event the provisions of this policy will apply. FISCAL IMPACT: There is no direct budgetary impact as a result of implementing this policy. Respect ly submit d: i L oy Harre City Manager j Prepared by: T~iomas . nc Human Resources Director Approved by: c e , Executive D rector y pa(Y Services/Economio Development APPOO692 r Ili t r 1 if js\wpdoc9\re*\0ffduty.re@ ~A~rdaMo RESOLUTION N0. 4~ I A RESOLV'IC D ADOPTING ING FOR EFFECTIVE DATE "OFF DUTY INJURY OR ILLNESSV; WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a proposed poli..-y regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City !tanager recommends adoption of the policy and the City Council desires to adopt suc?OpolicFlas an official policy regarding employment with the City; , THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: PUTION I. That the following policy, attached hereto and made •a part hereof, is hereby adopted as an official policy of the City of Denton, Texas: 107.05 Off Duty Injury or Illness I =ION 11, That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. and resolution approval, shall become effective SECTION 111~ That ' Immediately upon its passage this I PASSED AND APPROVED this the day of , 1994. I BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: 5 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt 'r , ~J3N0.~ / CITY OF DENTON i1% POLICY/ADBINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: REFER NC 41 PERSONNEL/EMPLOYEE RELATIONS 107.05 ~I SUBJECT: E7MECTTVE CAM EMPLOYEE BENEFITS AND SERVICES 11/01/94 TITLE: REPLACES: OFF-DUTY INJURY OR ILLNESS POLICY POLICY STATEMEiITt The ability of the City to provide timely and adequate salary continuation and benefit programs to assist City employees absent from the job due to an injury or illness to dependent upon the City's ability to coordinate its handling of each individual case. This policy seeks to create a coordination and uniformity of ti.. handling of all City employee disability or injury cases. It is expected that employees will assist and F cooperate with the City in obtaining recommended medical treatments or therapy and rehabilitative services in order to return to work at the earliest possible date. This policy applic, to all regular full-time and regular part-time employees who have completed the six month probationary period. On-the-job injury or illness is addressed t in the "Occupational injury Policy" (409.1) with the exception of "business necessity t termination" (section III of this policy). Civil Service employees will be governed by the provisions outlined in Chapter 143 of the Texas Local Government Code unless Chapter t 143 does not address the disability issue, in which event the provisions of this policy E will apply. fE 1. DEFIN1TI0M8 A. Essential functions - The major duties essential to a position (with or without reasonable accommodation). These are determined by the job description of each position. The following should be considered in I i determining if a job function is essential: 1. The position exists, in part, to perform the function. J1 II 2. There are a limited number of other employees available to perform the } function, or among whom the function can be distributed. 3. A function is highly specialized, and the person in the position is hired j for special expertise or ability to perform it. 3 I B. Reasonable Accoamadation - A modification of the work environment or work process that enebles a person with a disability to perform the essential functions of a job and associated regulations. The determination of what acconmodations are reasonable shall be the determination of the City, but will be in compliance with the provisions of the Americans With Disabilities Act of 1990 (ADA). The determination of reasonable accommodation will consider whether an undue hardship will be posed on the operations of the department or division, or if a direct threat to the health or safety of the employee or „ p y others will be posed. ' C. Undue Eardsbio - defined by the ADA as an action that is excessively costly, j extensive, substantial, or disruptive, or that would fundamentally alter the a; nature or operation of the business. % r k ^f~a~0 rV O ' O '.Q3"4,1877n~ POLICY/ADMINISTRATIVE PROCEDUkB/ADMINIBTRATIVS DIRECTIVE (continued) S ~I TITLE: REFERENCE NUMBER: OFF DUTY INJURY OR ILLNESS POLICY 107.05 D. Direct Threat - a health or safety risk that, based on valid medical and/or other objective evidence is determined to pose a significant risk of oubstantial harm, and which cannot be roduced to an acceptable level with reasonable accommodation. L. Disability - under the ADA, an individual with a disability is a person who has: a physical or mental impairment that substantially limits one or more major life activities a record of such an impairment) or is regarded as having such an impairment. F. illness, Inigry or Medical Condition - A temporary physical or mental impairment that does not substantially limit one or more of the major life activities of an individual. 0. Business Nasass • Terslnatioa - Occurs when a department'e or division's 1 productivity or ability to deliver services is adversely affected because an { employee is unable to perform the essential functions of the position for which that employee is hired, and no reasonable accommodation can be made. N. Modred Dat• - Any restriction placed on an employee by a treating physician 1 which requires an employee to do less than his or her full job. Modified duty will not extend beyond 120 days. II. AMI_ IN BTR%TIVE PROCSpJRZS_ S A. When an employee is unable to perform the essential functions of his or her I position due to a disability, injury, illness, or medical condition (and reasonable accommodation is not possible), the City may separate the employee due to business necessity and fill the position except as is required by the j Family and Medical Leave Act. I B. eligibility for benefits as defined in this procedure is dependent upon the complete compliance of the employee with the responsibilities outlined in this procedure and the requirements and procedures stated in the employee benefit booklets or appropriate benefit policies. C. An employee who experiences an off-the-job injury or illness that renders the employee incapable of performing his or her regularly assigned duties shall use his or her accrued sick, vacation, and compensatory leave balances. The employee may use his or her available leave balances until the earlier of: 1. the date that the employee has exhausted all such leave balances (if exhausted, refer to "Personal Leave Without Pay Policy" (111.08) or the Family and Medical Leave Policy (107.04))= or 2. the date that the employes is able to return to work and perform the essential functions of his or her position. f D. Benefits will be calculated as listed belowi 1. Employees who are absent from work due to an injury or illness shall continue to accrue vacation and sick leave for as long as they are compensatory time . receiving paid leave (i.e. Nick, vacation, or ) APP0028A r' + 'a • 1 bY'4 1I 1 w. i /n I 1) ~yllyl it lY r 1 " 1 ~'1 ~G,I Bi , SAGE POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) F E; Rf fEREN[E NUMBER: OFF DUTY INJURY OR ILLNESS POLICY 107.05 2. Benefit accrual and usage would follow the provisions of the Family and Medical Leave policy (107.04). 3. An employee shall not be eligible to receive tuition reimbursement unless it is for an approved course which was already in progress at the time the employee became unable to perform his or her job duties and the course has been successfully completed and documented as required by the "Tuition Reimbursement Policy" (107.09). 4. The employee and eligible dependents will remain qualified for health benefits coverage through the City's group plan as long as the premiums for the employee and dependent coverage under the City plan are paid on a timely basis by the employee (either through payroll deduction or personal f payment). 5. The City will continue to pay its portion of health insurance premiums for the employee as provided by the Family and Medical Leave Act of 1993 and the Family and Medical Leave policy (107.04). 6. Regular full-time and regular part-time employees who work at least twenty (20) hours per week and who are not able to work for an extended period of time may be eligible for long term disability benefits. The employee, is responsible for contacting the Human Resources Director within sixty (60) calendar days after the date of the disability to discuss eligibility qualifications. Ill. BUSINESS MECEBSITY TERNIMATIOM 1 ! I A. An employee's position may be filled and the employee may be terminated due I f to business necessity under the following conditions and guidelines. This section applies to both on-the-job and off-the-job injuries or illnesses. E 1. The employee has been unable to perform the essential functions of his or her job with or without reasonable accommodation for a period of six (6) consecutive months from the beginning date of the disability, illness, injury or medical condition. 2. The employee's treating physician does not anticipate any change in status that will allow the employee to perform the essential functions of his or j her job for an additional thirty (30) days. X B. Supervisors shall obtain approval from the Director of Human Resources prior to initiating a business necessity termination. The Risk Manager shall also be consulted if the employee's injury occurred on-the-job. The following d shall be taken into consideration during the decision making processi N J~ ~P APP0026A ,1 r ~i~~C1~ai~Bll { POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)7q TIM: REFERENCE NUMBER: OFF DUTY INJURY OR ILLNE! -r'ICY 107.05 A doctor's prognos a ndicat ng E Se employ es w not e a e to per orm his or her regular duties or modified duties if available. In the case of an employee with a disability, termination would not be considered unless no reasonable accommodation (which would not cause undue hardship on the organization or pose a direct threat to the health or safety of the employee or others) exists that would enable the employee to perform the essential functions of his or her position, and no job reassignment is available. (See Section VII of this policy entitled 'Job Reassignment".) 2. The employee's refusal to follow a prescribed course of treatment. 3. The employee's refusal of placement in a position for which the employee is qualified. j 4. The employee's refusal of a modified duty assignment for an on-the-job injury. S. The employee's non-compliance with established safety rules and regulations and/or City work rules and regulations. i ? 6. The failure of the employee to present satisfactory evidence of his or her inability to return to work, either ir. a limited duty capacity if such work is available, or to regular duty according to the timetable established in this procedure or upon request by the City. y 7. Falsifications or misrepresentations made by the employee concerning his j or her physical condition or capacity. i 8. The failure or refusal of the employee to return to regular duty on the day I specified by the treating physician. 9. The employee's failure to contact his or her immediate supervisor on a regular basis (ae directed by his or her supervisor) and notify hire or her of his or her condition and expected return to work date. If the employee is unable to make contact personally, (s)he shall have someone contact his or her supervisor on his or her behalf. 10. The employee's failure to provide the requested progress reports from the treating physician. 11. For an on-the-job injury, if the employee is found to be participating in any activity, including outside employment or self-employment, that impedes the employee's progress of recovery. " 12. For an on-the-job Injury, if the employee fails to report to his or her ° supervisor his or her participation in any other employment, including self- employment. . C. If after reviewing these factors the supervisor determines a proposal for termination for business necessity is appropriate, the supervisor (in cooperation with the Human Resources Department) must propose this action in writing to the employee. An employee who receives a proposed termination for business necessity shall be afforded the same response and appeal rights as any APP0028A i P,e a P04ICY/ADMINIBTRI►TIVE PROCEDURE/11DMINISTRATIVE DIRECTIVE (Continued DF_g I rrrLE: 1 OFF DUTY INJURY OR ILLNESS POLICY REFERENCE NUMBER- 107.05 other employee who receives a proposed dismissal under the city, e Disciplinary Action Policy" (109.01). However, separation for business necessity shall not ion thecuseidofeany accruednbenefits as noutlinednin caper op to deny an employee opportunity to appeal will also be afforded to the employee in accordance with the "Appeal Policy" (109.03). IV. BiJPERVISOR R!BPONBIBILITIrp Me g!ISABILrTy IHJMY, ILLNESS, OR_ DIC ~...usoHD_ r_r., A. within seven (7) days of the date the employee's disability, injury, illness, or medical condition begins, the supervisor must notify the employee in writing of his or her obligation to contact the supervisor on a regular basis. recommended reporting time is once a week, but the supervisor can elect to change this reporting time to more frequently or less frequently after with consulting pros dares Humathies urces Department), Each supervisor shall f injured, or ill employ for ee of the reporting o eres, and requirement, inform employee bthat failure to follow these procedures could result in disciplinary action. B. Each supervisor shall notify the disabled, ill or injured employee in writing I I of his or her obligation to provide a monthly progress report from his or her attending physician regarding his or her medical condition and rehabilitation options as they relate to his or her ability to return to full duty. This report shall includer 1. Diagnosis 2. Description of treatment } 3. will the employee be able to return to full duty with no t] restrictions? If to, when? 4. Is rehabilitation an option now? In the future? If so, describe. If not, r why not? 1 S. Are any accommodations necessary for the eml.loyea to return to full duty? If so, describe. C. Upon exhaustion of paid sick and/or vacation time the supervisor shall submit an "Employee Status Form" to notify Human Resources to stop benefit accrual. V. A. Employees who are disabled, ill, injured, or have a required to notify their immediate or designated su medical condition are are going to be absent from work, pervisor immediately if they 8. The employee will provide a monthly progress report from his or her treating physician as indicated in Section IV B of this policy. C. The employee must contact his or her su A of this policy until he or she returnsrtoowork or the a do of thecsixn(6) months partod in which the employee is unable to perform the essential functions of his or her position. If the employee is unable to make contact she orrherabehalf. o The Citylmustvbeoaware c of contact his or the am loyeas s status in order to plan and assign work duties and responsibilities i pp supervisor his y n an efficient manner. , APPOO28A R ~cn;!atdo L POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Contiau-M ,l 771t E "oft., F70FF DUTY INJURY OR ILLNESS POLICY 07.05 D. An employee who fails to contact his or her supervisor each week or provide the monthly prognosis report in accordance with this policy shall be subject to disciplinary action in accordance with the "Disciplinary Action Policy" (109.01). VI, PAM M TO WORK FOR FULL DUTY A. The following reporting requirements apply when an employee returns to work from an off-the-job disability, illness, injury, or medical conditions 1. An employee returning to duty after being unable to work for ten (10) or more working days due to a disability, illness, injury, or medical condition must provide a written release to the supervisor from the attending physician indicating the employee's fitness to return to full duty. The supervisor must then forward the release to the Director of Human Resources. 2. In the case of an employee who returns to work from a disability, illness, S injury, or medical condition in less than ten (10) working days, the employes is not automatically required to furnish a doctor's release to his or her supervisor. The supervisor, at his or her discretion, ray requite the employee to furnish a release from the attending physician if he or she r feels the employee's disability, injury, illness, or medical condition may not permit the employee to safely perform the job. When the supervisor I requires such a release from the attending physician, the employee must take i his or her release to the supervisor who must then forward it to the Director of Human Resources. B. The City reserves the right to require an independent physical or mental assessment, at the City's expense, upon the return to work of an employee from 1 a disability, illness, injury, or medical condition to determine whether the employee is able to perform the essential functions of the job. C. Upon return from leave within the six (6) months after the beginning date of a disability, illness, injury, or medical condition, an employee who exercises accommodation, shells section, if able al perform the or without reasonable to any right unctions of r the d position with this f 1. return to the position held by the employee when the leave commenced) 2. be placed in an equivalent position with equivalent benefits, pay and other tares and conditions of employment, if the employee returns to work prior to the completion of 12 weeks in a 12 month period, in accordance with the family and Medical Leave Policy (107.04)) or 3. be placed in a vacant position for which he or she in qualified to perform. VII. JOB REASINfit NT A. Job reassignment will be provided as follows when an employee is unable to return to his or her current position due to a disability, illness, injury, or medical conditions APPOO28A n 1 d t •Y t.9~ r d y ! rr~ ..70irttz POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVL'(=WuMBEN CC TITLE: RO FF DUTY INJURY OR ILLNESS POLICY 1. If a position for which the employee is qualified and physically able to do is vacant, the employee may be considered for transfer to a job reassignment. Job reassignment will only be considered within the six (6) month period from the date of disability, illness, injury, or medical condition. 2. It will be the employee's responsibility to contact the Human Resources Director to identify positions for which he or she may be qualified and physically able to perform, and to request such job reassignment. B. Should an employee be unable to return to work in his or her current position due to a disability, the City may provide job reassignment as a reasonable accommodation in accordance with the Americans with Disabilities Act of 1990. C. Job reassignments are not guaranteed. Such requests will be discussed with the Director of Human Resources and the Department Director of the hiring department before such a decision will be made. The final approval will be obtained from the City Manager. Interviews with the hiring supervisor will be conducted. Rate of pay will be determined by the Compeneation/Classification Guidelines for the position to which the employee is being reassigned. VIlI. MODIFIED DUTY A. Modified duty assignments may be considered based on the following when an employee is unable to perform the duties of his or her current position due to a disability, illness, injury, or medical conditions ) 1. If a modified duty position is available in the department which the y) employee is physically able to do. Modified duty status will only be { considered during the six (6) months period from the date of disability, i illness, injury, or medical condition. j 2. it will be the employee's responsibility to contact his or her supervisor tti and the Human Resources Director to determine if a modified duty position for which he or she may be qualified and is physically able to perform, is available. B. Modified duty assignments are considered temporary and will last no longer than the 120 days. Type and length of modified duty assignments will be contingent upon availability and a doctor's statement indicating any restrictions in performing modified duty assignments. C. Modified duty assignments are not guaranteed. Such requests will be discussed with the Department Director and Human Resources Director prior to assignment. VIII. REASONABLE ACCOMMODATION A. Reasonable accommodation will be provided to any otherwise qualified employee with a known disability as defined by the Americans With Disabilities Act of 1990. APP0028A 4._ 1 r• CT'Y.VP 1f1 I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIREC' 1Q-1 TITLE: REFERENCE KMBERi OFF DUTY INJURY OR ILLNESS POLICY 107,05 a. Reasonable accommodation will be provided only when it enables the employee to perform the essential functions of the job. C. Requests for reasonable accommodation must be submitted by the individual to the Director of Human Resources. The Director of Human Resources will review such requesto and make a recommendation to the 'City ADA Committee" in accordance with the "Americans With Disabilities Act Policy (100.02). The ADA Committee will provide a recommendation to the department director as to whether an accommodation is reasonable. IX. TERBINATION FOR CAUSE OR LAY-OFF This procedure does not preclude an employee from being terminated for cause. This procedure does not preclude an employee from being terminated during an official f j reduction-in-force due to budget reductions. f X. A<PPRALS PROCEDIne 3 The City Manager or his designee shall consider any appeal of decisions made r pursuant to this policy or any decision made by the ADA Committee. All appeals must be submitted in writing with the Director of Human Resourco■ within ten (10) w1r09kinnq days of the action or decision (as outlined In the "Appeals Policy" 3) { XI. MEDICAL RECORD! All medical records obtained pursuant to this procedure will be kept in confidential medical files as required by the Americans With Disabilities Act of 1990. i i •r , L. APP0020A P i A , ~ I+ I j1;y -Mono C ITY- COUNCI] I t I I I I 1 r I I J Ab h • ~ O 8 d 0 ~ • a~. PCs. 1~ V wC ITY 'COUNCI] 0 v i 8 O O , A Ao. Agoate DATE: October 18, 1994 /4$ CITY COUNCIL REPORT REGULAR SESSION TO: Mdyor and Members of the City Council FROM. Lloyd Y. Harrell, City Manager I SUBJECT: Reduction In Force Policy (0109.04) - Effective November 1, 1994 f RECOMMENDATION: It is the staff's recommendation that the City Council adopt a resolution authorizing the City Manager to implement a policy on k reduction in force effective November 1, 1994. SUMMARY• t t During the City's annual budgeting process, the staff evaluates all positions and staffing levels necessary to fulfill department ! and division goals and objectives in the delivery of services to the citizens. This is done given the guidance provided by the j City Council on service areas for continued emphasis and those where service reduction is required to remain within the financial resources established. In situations where the City Council provides direction to reduce service levels, the City Manager may provide direction to departmental managers to eliminate positions ' i and employees in those positions in order to stay within the financial resources anticipated. The policy provides for an ; 1 objective and fair process for determining which positions and s employees will be separated from employment with the City because of a reduction in staffing. It also provides for severance, outplacement, and "recall" procedures. BACKGROONQ After considerable research cf other city policies on layoffs and reductions in force, a draft policy was reviewed by all department managers, the Legal Department, and the Executive Committee. The attached policy provides for: 1) The City Council to provide overall direction and ;c guidance to the City Manager concerning areas of services to the citizens for continued emphasis or those where r service is to be reduced or eliminated f r 2) During the annual budgeting process, the City Manager will recommend to the City Council those positions for k elimination and incumbents to be separated from employment because of the reduction in force a r f r A,;gndatJ0 Aprtla;;ta ; W__ October 18, 1994 City Council Report - Reduction In Force Policy (0109.04) Page 2 3) Reasonable attempts will be made to integrate targeted employees whose positions have been eliminated into other unfilled positions in the city; however, the City cannot guarantee the employee a position 4) Separated employees will be provided a severance and outplacement assistance, subject to budgetary constraints The potiay providus that during the preparation of the budget, department managers, based on guidance provided by the City C%vircil and City Manager, will prepare a specific Reduction in Force (RIF) plan for his/her department using established, objective criteria. Each RIF Plan will identify specific positions to be eliminated and any employees who occupy those positions. The RIF Plans will be reviewed and approved by the Exe.utive Director over the department and by the Director of Human Resources prior to submission to the City Manager. The City Manager will select arose positions and employees to include in the budget recommendation to the City Council. Employees who are to separated from employment due to the RIF will t be notified as soon as possible so that they can begin working with the Human Resources staff for possible placement in another 1 position within the City. { Employees who cannot be placed elsewhere in the organization will be separated from employment and provided a severance package based upon length of service. They will also be provided outplacement assistance by the Human Resources staff, if sufficient funding and staff exists to cover these expenses. No decision to separate an employee will be made based on race, tJ gender, age, national origin, disability status, Military Veteran status, or any other protection afforded by federal, state, or local law. PROGRAM. DEPARTMENTS OR GROU;-8 AFFECTED? The Reduction In Force P s.z. oticy will apply to all regular full-Lime and part-Lima employees in all City departments. FISCAL IMPACT; The Reduction In Force Policy cost impact will depend on the s number of positions eliminated in any given budget year if a ty reduction in force becomes necessary. The cost will further be dependent on whether any eliminated positions are held by an employee. The City will make reasonable efforts to place the employee in another part of the organization via transfer, reassignment, etc. Any severed employee will be eligible for all r4 '~'4R . a Y ~ , y c Y 5 A RONO Agcnda;te S-9 Dale October 18, 1994 City Council Report - Reduction In Force Policy (0109.04) Page 2 3) Reasonable attempts will be made to integrate targeted employees whose positions have been eliminated into other unfilled positions in the City; however, the City cannot guarantee the employee e, position 4) Separated employees will be provided a severance and outplacement assistance, subject to budgetary constraints The policy provides that during the preparation of the budget, department managers, based on guidance provided by the City Council and City Manager, will prepare a specific Reduction In Force (RIF) plan for his/her department using established, objective criteria. Each RIF Plan will identify specific positions to he eliminated and any employees who occupy those positions. The RIF Plans will be reviewed and approved by the Executive Director over the department and by the Director of j Human Resources prior to submission to the City Manager. The City Manager will select those positions and employees to include in the budget recommendation to the City Council. Employees who are to separated from employment due to the RIF will be notified as soon as possible so that they can begin working j with the Human Resources staff for possible placement in another position within the City. Employees who cannot be placed elsewhere in the organization will be separated from employment and provided a severance package based upon length of service. They will also be provided outplacement assistance by the Human Resources staff, if i i sufficient funding and staff exists to cover these expenses. + i No decision to separate an employee will be made based on race, gender, age, national origin, disability status, Military Veteran statue, or any other protection afforded by federal, state, or local law. PROGRAM.-DEPARTMENTS OR GROUPS AFFECTED: The Reduction in Force Policy will apply to all regular full-time and part-time employees in all City departments. i. FISCAL IMPACT; The Reduction In Force Policy cost impact will depend on the number of positions eliminated in any given budget year if a reduction in force becomes necessary. The cost will further be dependent on whether any eliminated positions are held by an employee. The City will make reasonable efforts to place the employee in another part of the organization via transfer, r + reassignment, etc. Any severed employee will be Eligible for all tir, i + ' I e;~ 1 ~ t r AgondsNo aas,,~a~~E Date r 30~ ~ October 18, i994 City Council Report -Reduction in Force Policy (4109.04) Page 3 n and sick leave and severance pay based on accumulated vacatio length of service. 4V. fully subm tted: Harrell City Manager Prepared by: x Thomas ock, Direct o rr I ' Human Resources f' ~ ~ sw Approved: 4uici Kean, Executive Director a1 Services and Economic Development ~i 1 p,. ~AI I I 111 r T,, „ • is ,r JONtrrlf. tk Ijr r7,,ww r~.r.~•er rri:rirr i s sn. Ya :.1 , • t' £i WP000f1R£f\REMT10. Oe o . ~;~ndaNa A RESOLUTION NO. A RESOLUTION ADOPTING POLICY NO. 109.04 "REDUCTION IN FORCE"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and 1 WHEREAS, the City Manager recommends adoption of the policy and the City Council desires to adopt such policy as an official policy regarding employment with the City, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas: i j 109.04 Reduction in Force Policy i SECTION II. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the city Secretary. S&QTION III._ That this resolution shall become effective immediately upon its passage and approval. j PASSED AND APPROVED this the _ day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I 1 BY$ o APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY f+' ~f ' BY: aR l 114k, n t~ P 0 C_A± &I l~~iolJ44~~ ! ITY OF DENTON PAGE___k_OF_Q _ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTI4I:! - 00? - SECTION: REFERENCE NUMBER: Human Resources Department 109.04 SUBJECT: EFFECiIYE DAZE: Separation Policies 11-01-94 11REt REPLACES: Reduction in Force Policy i s POLICY STATEMENTi E It is the policy of the City of Denton to ensure departments and divisions are staffed ' with adequate personnel so that effective and efficient delivery of services to the f citizens of Denton can be accomplished. when economic or other conditions create funding difficulties which may necessitate reduction in delivery of services to the citizens, the City may be required to reduce staffing levels in certain departments or divisions. i It is the policy of the City of Denton to implement and/or recommend necessary f elimination of positions and employee separations from employment. The City Council will provide overall direction and guidance to the City Manager as to the general area: i of citizen services for appropriate continued emphasis and those for service reduction. This policy is designed to accomplish reductions in force where there is a diminished need for a service to the citizens. Based on City Council guidance and approval, the City Manager will recommend to City Council, as part of the Annual Budgetary process, specific positions for elimination and incumbents, if any, in those positions to be separated from employment. Severance and outplacement programs will be provided to separated employees, based on their length of service and subject to budgetary constraints. I An employee whose position has been eliminated and is to be separated from employment as a part of the proposed reduction in force will be offered an opportunity to appeal the action. Reasonable attempts will be made to integrate separated employees into other departments in the City through transfer or reassignment. This policy applies to all regular full-time and regular part-time employees at the City, including police officers and fire fighters. However, the provisions of Texas Vernon Statues, annotated, Chapter 143 of the Local Government Coda (State Civil Service Law) will apply to police officers and fire fighters when applicable. ADMINISTRATIVE PROCEDURES + I. Elimination of Positions and Employees subject to separation from employment. i A. An employee's employment may be separated because of changes in the organization, job or position duties, lack of work, or lack of funding. An employes whose position has been eliminated in one Department or Division, may be transferred to a comparable position elsewhere in the City, if such rosition is available. The City cannot guarantee the employee another position. Whenever possible the affected er,ployea will be notified as soon as possible of the pending separation from employment. The affected employee will be notified at least 14 working days in advance of the action. k` 4 +1 F' I n ~.nr A 4 1 PAGE 2 OF`g_ As~iL IEm POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTM-teelilt TITLE: REFERENCE KXBEA: _ V Reduction fn Force Pollc 109.04 B- Reduction in force shall not be considered as a disciplinary action. However, employees identified to be separated from employment will be offered an opportunity for a due-process appeal as provided in Policy 0109.03 - Appeals. C. Regular, full-time, non-Civil Service employees with twelve (12) or more months of continuous service to the City at the beginning of the budget year JOctober 1) shall be compensated upon separation (due to reduction in force) in accordance with the following schedule, in addition to any other benefits for which they may be eligibles I Severance on the ~ bas months of service withdthe City,naas describedbelow. Anoemployeei may rreceive up to a maximum of five (5) weeks pays Full, continuous Hon-Interrupted Benefit llonthe of Service 1Houre of Severance PaVI 0 12 0 Hours 12 - 60 40 Hours 61 - 120 171 - 180 80 Hours 181 - 240 120 Hours 241 + 160 Hours 200 Hours in addition to eligible severance pay listed all employees identified for separation will be paid any accumulated vacation and Rick leave. D. Decisions concerning reduction in force are to be based on the following criteria: 1. Primary consideration will be given to management's need to carry out the City's mission of providing public service. Thus, the criticality of a position to achieving the overall mission and goals and objectives of the City will be the primary factor In detcrmin'.ng which positions to eliminate. Attempts will be made to minimito the imlact of reduction in force on the delivery of public services. The City Council will be responsible for identifying areas of public services to be reduced or eliminated. The City Manager is responsible for identifying the specific to be separated from employment due to the rduction positions force and employees 2. Once the City Council has recommended areas of public services to be reduced or eliminated, Department Directors are responsible for identifying appropriate staffing levels and for making recommendations to the City Manager as to positions to be eliminated and as to candidates to be developeddbyoeach departmtient separation. A Reduction In force and division using criteria outlined in 03 on tdi the followin will a g Page. The Executive Director and Director of Human Resources pprove the plan prior to submitting to the City Manager. J{fr 1 yid ~ I ri f. 1 yI~_. n1: No r PAGE OF43 ,",.lcl POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIREGri'2VB <cd~-7 717LE REFERENCE NWER: Reduction in Force Policy 104.04 3. Department Directors will select positions for potential elimination based on department or division goals and objectives to recommend to the City Manager as a part of the budgetary process. when recommending the reduction or elimination of positions and employees to be separated from employment, the following criteria must be considered in the following order: a. Departmental/Divisional Needs i (1) Review departmental and divisional goals as outlined in the Budget and identify adequate staffing levels. i (2) First priority should be given to minimising the impact upon service delivery to the public; therefore, those positions directly responsible for service delivery become the positions most critical to accomplishing the goal. Identification will be made of those positions considered least critical to service delivery, and therefore least critical to accomplishment of departmental or divisional goals. (3) The possibility of restructuring a departmental or divisional work force should be considered. For example, eliminating extra help, work sharing, and temporary furloughing nay alleviate or reduce the length and extent of impending reduction-in-force actions. b. Employee Productivity (1) Review employee's work performance histories (Performance Evaluation forms over the last S years) giving special consideration to the E quality and quantity performance factors. f (2) Review employees' attendance records. (3) Review employees' disciplinary records. (4) Review employees' safety records. c. Employee Skills, Knowledges, and Abilities If job duties or tasks are going to be restructured due to the reduction- in-force, consideration should be given to those employees who possess those skills, knowledge, and abilities which will meet the needs of the department or division. d. Length of Service with City 1. Time in current work unit. 2. Time with City. 3. Time in current classification. t' t f t. f { 1 PAGE 4 OF_ 1a8;i:)1~40. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECI~ Vgq 71tLE: qC~a Q 4 HL) •1 •q4 U Reduction in Force Polio REFERENCE ULMBER: 109.04 4. 7'hO City's Equal Employment Opportunity policy (t1DO.01 will from employment reduction will be force based decisions. No decision to se be followed in sftfoatus. Vietnam Era Veteran status race, of sex, age, national Origin, aan employee rded by Federal, state Yee or an protection , or local leaw,n em a pl0 Y other g Once protection ! seduction-In-force decisions are recommended and approved,,, of Human Resources will be responsible for and out-processing of separated employees. Reaso the Director to Integrate separated the coordination, will ll be bo mad ad performance, Into other dePer~me attempts wsatisfactory reassignment. ritewhO in are the nable demonstrating e City through transfer or Re-exPloyment of Separated Employees Ths Human Resources Department will f employees separated maintain a date order demonstrating satinfactory ®mploymert due to reduction roster of all f twelve (12) months ,mm Performance. Employees ma in force who are force. Should a vacanecdlately follow' Y be recalled durin classification Y occur In the Ing city effective date of reduction t ln p Y em to ee meets ' the minimums will bs ofEercdarelnstat a eamwith the minimum quali[icatione fot the position Bete separation a lower jo employee hie not for TAae edina bone f~ t, i. o., TMR3, etc (provided the , . as hire forward to accountyfor tehmal~ey npfdate%, ) accx•ued as of the hre date wyill bs 1-) 4 data of hire, will separation ma used to establish future partition. The "adjusted contributions Will be us "ado ed tb and the employees retirement The term funds In s Deferred Y the em to eligibily and no separation, Compensation Progra' ay berfor this term' Employee withdrawn during the term of the Civil Service em Vernon statuten PI°Yees are subject to this polioY Service Law will ' annotated, Chapter 143 of the ' how,+vor, a Local Government ccoode' ,ions of Cesar PP1Y where applicable, (State Civil I ,r r "A01SF7 3 i ~ ~CITYrH~=~ COUNCI w~ i I i i er e~ ~ 4t Y♦ • ~ 6 t ~ f ~ i t On. 1 i CITY= CQUNCI ° f aY~ yw/ i , l Cr6 Cl ry of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 78201 MEMORANDUM i TO: The Honorable Mayor and Members of the City FROM Kathy DuBOSe Council s , Acting Executive Director of Finance DATE: October 13, 1994 SUBJECT; Reimbursement Resolution i The Solid Waste Department is currently in need of capital funding for continued development of the anon Project, Although the Capital Improvement LPlaniiforEx1994i95 included a bond sale in earl in need of fundin Y 1995 the Solid Waste Department is g prior to that sale. Recent legislation includes a r.. project expenditures prior to a provision for designation bond proceeds. This "reimbursement resolution" sale as reimbursable by bond of $310,000 of the approximately clos$e for 0 Solid Waste reserve for retirement and landfill closure for that would then be reimbursed with proceeds from purpose. These funds for early 1995. m the bond sale scheduled The a ~ r r pproval of this resolution allows the project to ' yet doesn't require early issuance of debt. Progress a { If you need further information, please let me know. l j~Nr„ xt,.~ y1r XD:lb d "1 . r AFMAS 1. ~ 3 ~ w n 'r i r F J S 9171588-8200 D ' /FWMFTIi0434-2629 r r f{ i a j:\rpdocs\reso\reinburs.res p;alt?sNo. Qy RESOLUTION NO. Q'~d e q4 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR THE LANDFILL EXPANSION PROJECT WITH BOND PROCEEDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a Municipal Corporation/Political Subdivision of the State of Texas; and i WHEREAS, the Issuer expects to pay expenditures in connection with the design, planning, acquisition and construction of the Landfill Expansion Project, which is more fully described on Exhibit "A" hereto (the "Project"), prior to the issuance of obligations to finance the Project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of section 1.150-2 of the Treasury i Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION". The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $310,000 for the purpose of paying the costs of the Project. s SECTION II. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than le months after the later of (1) the date the expenditures are paid or (2) the data on which the property, with respect to which such expenditures were made, is placed in service. SECTION 111. Th9 fo:agoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to Le reim- bursed is paid. d?; SECTION IV. That this resolution shall becoae effective immediat,ly upon its passage and approval. PASSED AND APPROVED this the day of , 1994. i BOB CASTLEBERRY; MAYOR r yr I r cc~ f cx u_. r Ac5nda~+n C AFL„u;',ti9~ ATTEST: CITY SECRETARY JENNIFER WALTERS, BY : ;I APPROVED AS TO LEGAL FORH: v ` DEBRA A. DRAYOVITCH, CITY ATTORNE, j t ~ BY. I .h pr f PAGE 1 sY~'N E~~1T "A" aga~,4ult~ /.y ('13,3-_5['[ p r~~ LANDFILL EXPANSION PROJECT The City of Denton Is currently inn the design and permitting stage of an 155 acre IandarM expansion. Capital funding Is required for the continued development of this pn <Xt, _ - - -.-86CIDlvi(STE-CAPFTAL ES(PEN6ITUAES-- _ _ FY95 _ _ _ st OLQrW 2nd Ouarter 3rd Cosner 41h Ousrter Totar_ E - - - - f solid waste Parrait/MasW Piers $135,000 % sm,ooo 536,000 ~nMrtrwdab Prooo"N Cents Design $200,000 5200,000 5200000 Prop" ~n tl"RvaN $10,000 'ry $10,000 $10,000 Cwn ux**Wn Tow&Mroperty 5900,000 it 5900,000 s3o0,o00 i Acuw titre Oo WdWWFW4V system 5600000 s60o,000 5600,000 Engk wrkV For System 5100000 + $100,00o 5100000 Gas ReoomV FsaaMily Study $60000 ~ $60000 ~ 550000 Wetland Dainsedon $6,000 $5,000 ! $5,M MonilortrV Wei k»WF~i m Expended We $00,000 0~ $60,000 ~i 560,000 4 MWWM Moftft Weis Expanded S8a $30,000 $30,000 $30,000 HOR En*wwhg $200,000 $100 000 $100,000 $200,000 Globbd PoNtbnktq Survey $6,000 56,000 it $5,000 k ilemodieee Prom*V canter Construdlon $2.300000 I so RFProp"Ao*ftWn(Su#~) $1,100,000 ~ ~ $0 LmncW Construction 53,000,000 so FY95-96 TOW Bond Funds Required $8.100,000 $310,000 $900.000 $330.000 $80,000 51,600,000 _r i wow f j I iii A 1I✓.': Iy I' ! ' J ~,IJ I,r y I J i ~~3 r i ~ 121 ~1~ I w r c A". ,fir I r r I .i t ~vf i r'" A, TCI'TY OUNCI i 01 DIM t f 1 0 0 ~ •4Pam t~t~d { f, f su •.y rYpL ApendaNo_ AoWalI ~1a CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harell, City Manager SUBJECT: Interlocal Cooperation Agreement for Library Services/ FY 1994195 DATE. October 7, 1994 i RECOMMENDATION: A resolution authorizing the Mayor to execute an agreement between the City of Denton and the County of Denton for the provisions of library services and providing an effecive date. E i SJ1MMARY: This Interlocal Agreement between the City of Denton and the County of Denton will provide a full array of library services to all residents of Denton County free of charge. Our library has, as of 9/27194, approximately 13,610 registered cardholders who live outside of the Denton city limits. Denton County residents will directly benefit from this agreement and will have the some library privileges as do City residents. BACKGROUND: The Emily Fowler Public Library has now served the County on a contractual basis for a total of 25 of the last 26 years. While the level of County funding has never allowed the City of Denton to recover the cost of providing library services to out-of- city library users, the City has continued to provide services to the County within those limited resources. j FISCAL IMPACT: For FY 1994/95, the County Commissioners voted to adopt Scott Armay's proposed s: Denton County Library Funding Formula which allocates approximately 81.20 per capita for each of the twelve (121 libraries in Denton County. (Please see the attached table.) i t ' ry ~ 4 Ir i , b! + , rr.v y L, '0 r r ~e~da No. • 2 - {q dr,1IeR,, z 4 /4 This formula using North Central Texas Council of Government's populadon figures, includes a 910,000 matching grant, While the total allocation of 9112,684 for FY 1994195 will not cover the cost of services, Denton County Commissioners have moved In the right direction by Increasing the per capita allocation to help local i cities defray some of the expense to serve County residents. i ~ I 1 ~ Respectfully submitted: i v i, Uoyd V. Harrell City Manager Prepared by: II i Eva D. Poole Director of Library Services j j Approved: I i LKea Executive Director Municipal Services & Economic Development a ,ry AHH005AF l Y L4; 2 s i , { a DENTON GOUN LIBRARY FUNDING FY 1993-94 BUDGET PER CAPITA DESCRIPTION 1ACTUALS► + $10,000 LIBRARY 198594 41.17 PIC 11.20 PJC •POPULATION + 17,500 + 110,000 AUBREY 11882 59,701 $12,268 CARROLLTON 58,155 $74,335 $79,786 DENTON 85,570 $105,666 $112,684 FLOWER MOUND 31,847 $38,327 $48,216 JUSTIN 1,620 59,322 $11,944 KRUM 24057 $9,832 $12,466 ~ LAKE CITIES 14,272 $23,314 $27,126 LEWISVILLE 64,130 $80,012 $86,956 PILOT POINT 3,365 411,217 $14,038 ROANOKE 71996 $16,413 $19,595 SANGER 4,487 $12,674 $15,384 THE COLONY 28,918 $41,096 $44,702 TOTAL 304,299 8431,908 8485,157 % INCREASE ABOVE FY94 FUNDING LEVEL 10,9% r Total of city population according to NCTCOO and number of County retidente carved by each local city. j. October 3, 1994 S narw~ J~ 11 srr.~ AgendoNal L4 ~ 03-4- q4 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McK1NNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: OCTOBER 7, 1994 { TO: LLOYD HARRELL, CITY MANAGER a FROM: BETTY McKEAN, EXECUTIVE DIRECTOR MUNICIPAL SERVICES/ECONOMIC DEVELOPMENT SUBJECT: INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES/FY 1994195 € The Interlocal Cooperation Agreement for Library Services for fiscal year 1994/95 I with Denton County has been reviewed and approved by the Legal Department. This r annual agreement by the Commissioners Court contains several changes from last year's contract which are already included In the library's established policy: 4 , A, 1. Develop and maintain through the Library one or more of the following programs of services } i • Educational and reading Incentive programs and materials for youth; • Functional literacy materials and/or tutoring programs for adults; f r 11. ! a Job training/career development programs andlor materials for all ages; 0 Outreach services to eliminate barriers to library services; 4d { • Educational programs designed to enhance quality of life for adults; fix`' , > IIIIM 2. Designate a liaison officer from the City to the County who will ensure that the City complies with the terms and conditions of the Interlocal Cooperation Agreement for Library Services; I recommend that Eva Poole fulfill this role, a~ ~ a ~A1 81715668200 D/FW METRO 434.2529 Y i~Y1 I ' f y 04 ~ Y R r~y aJ j kn'L~ . iKq., I~ ~,a~~aNa A - 2 3. The third raqulrgment requests that the library send to the County a copy of the annual report submitted to the Texas State Library and respond to the County's annual questionnaire as documentation of expenditures and provlslon of service. ; A d!f ference In this year's contract Is the amount of County funds allocated for library services. This year's total amount of $112,684 allocated to the Emily Fowler Public Library is 6.2% higher than the County allocation of $105,665 received in F Y 93194. As In past years, the County agreement requests that we assume the functions of a County library and that Eva Poole maintain her County librarlan's certificate from the Texas State Library and Archives Commission. € I respectfully request that the City Council sign the Interlocal Cooperation Agreement between our two entities in order that we may continue to provide quality library service to city and county residents. McgN I EP:Js AHH005A9 3 ON a „ dq .,kr asF'ti c I" . '.fit . y ~ ri f ~,.e h. 1 SMIRRAMCON _ :,,a~~daNo A~~cda~ls t RESOLUTION N0. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN AND THE THE LIBRARXYSERVICES~ AND PRJVID NF R AN EFFECTIVE DATEpROVISION OF I T'i.E COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: I That the Mayor is authorized to execute anforree- the ment between the City of Denton and the County of Denton agreement rvattached ices under the,terms -.nd conditions con- provision of library tained in the j =TIOH II. That this resolution shall become effective immed- iately upon its passage and approval. 1994. ' PASSED AND APPROVED this the day of i BOB CASTLEBERRYI MAYOR ATTEST: j k JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PY: 1 I" A Yl I 1 1 Y~I \ 3y~.t S 1 11 '4 r4 h • , Y My L Y t,~9 ;;;ndaNa.. STATE OF TEXAS, COUNTY OF DENTON. ) ? INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY BERVICEB i THIS AGREEMENT is made and entered into by and between DENTON COUNTY, a political subdivision of Texas, hereinafter referred to as "County," and the CITY OF DENTON, a municipality of Denton County, Texas, hereinafter referred to as "Municipality." i WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county gov- ernment and related services for the benefit of the citizens of Denton County; and WHEREAS, Municipality is a duly organized municipality of Denton County, Texas engaged in the provision of library service and related service- for the benefit of the citizens of Municipality; and F WHEREAS, County has requested and Municipality has agreed to provide library services for all residents of Denton County; and WHEREAS, County and Municipality mutually desire to be subject i to the provisions of V.T.C.A., Government Code Chapter 791, the Interlocal Cooperation Act; and V.T.C.A., Local Government Code Chapter 323, County Libraries. NOW, THEREFORE, County and Municipality, for the mutual consideration hereinafter stated, agree and understand as follows: The term of this agreement shall be for the period from r DE%*T0S COLN'ry. • 0171' OF DF 11TU% 1r 1' ~t li rl4 ` . u y+ I e 'a F. a 0151Ido October 1, 199; through September 30, 1995. For the purposes and consideration herein stated and contem- plated, Municipality shall provide library services for the residents of county without regard to race, religion, color, age, i disability and/or national origin. Upon proper proof by individual(s) of residence in Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a library i card to be used in connection with said library services. Municipality shall develop and maintain through the Library t E one or more of the following programs of service: Educationa'. and reading incentive programs and materials for youth. Functional literacy materials and/or tutoring programs for adults. Job training/career development programs and/or materials for a'.1 ages. ' outreach services to eliminate barriers to library services. Educational programs designed to enhance quality of life for adults. III. i , i County designates the County Judge to act on behalf of County I and serve as liaison officer for County with and between County and Municipality. The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of County in full compliance UNKaW SERVICES r ~a t nN - I 6q ^ with the terms and conditions of this agreemant,0,4"MZQY_rw,`~e immediate and direct supervision of County's"OmTria ts,~~ ~7 contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and Municipality. IV. Municipality shall designate to act on behalf of Municipality and to serve as liaison officer of Municipality with and between Municipality and county to insure the E performance of all duties and ubligations of Municipality ae herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of Municipality in full # compliance with the terms and conditions of this agreement, and, shall provide management of Municipality's employees, agents, I contractors, sub-contractors, and/or laborers, if any, in the i i furtherance of the purposes, terms and conditions of this agreement I 1 j for the mutual benefit of Municipality and County. I Municipality shall provide to County a copy of the annual ' report submitted to the Texas State Library and shall respond to County's annual questionnaire as documentation of expenditures and provision of service. V. The Municipality shall be solely responsible for all tech- niques, sequences, procedures, and means and for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dedicate and devote the fu:l time and uaaeavSLOICrs t• • ~ 111! F t a § ~ r ~t~~~r` ~ r S ti's 1 . 1 M v+YM> c bu attention of those employees necessary for the proper Oe`c completion of the duties and obligations of the Municipality stated in this agreement and give all attention necessary for such proper supervision and direction. VI. The Municipality agrees that its library department shall assume the functions of a county library and agrees to provide a librarian who holds or secures a county librarian's certificate from the Texas State Library and Archives Commission. Local ~ Government Code, section 323.011(b). i VII. i County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's employees, agents, sub- contractors, and/or contract laborers and for those of all other persons doing work under a contract or agreement with the County. VIII. y li •Che Municipality agrees and accepts full responsibility for the acts, negligence, and/or omissions of all the Municipality's employees, agents, sub-contracts, and/or contract laborers, and for those of all other persons doing work under a contract or agreement i with said Municipality. IX. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Municipality nor County waives any immunity or defense that would otherwise be available to it against claims by third parties. r uextnT SWICSS q fst ` D6STOS COUNTY'- CITY OY' WNI ON e W, e y , t I I "ti ~~IYi l-i 5Q ' 4 (2 ~::i5fl X. ld-_ Q Municipality understands and agrees that the Municipality, its 1w employees, servants, agents and representatives shall at no time represent themb''tes to be employees, servants, agents and/or representatives of C:•nty. XI. . E County understands and +rees that County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representa- tives of Municipality. XII. The address of County is: County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone: 817-565-8687 The address of Municipality is: City of Denton 215 East McKinney Denton, Texas 76201 Attention: Lloyd V. Harrell Telephone: 817-566-8200 E XIII. For the full performance of the services above stated, County agrees to pay Municipality fees as described herein. County shall , pay Municipality fees in the amount of $1.20 per capita, based upon r 1 North Central Texas Council of Governments population figures t 9"t provided to Denton County by the Denton County Library Advisory Board, payable in equal quarterly installments to Municipality (1511A11Y5t3i~7CE! DDIOS COl1TY • crn or DL%i u\ 5 l ~ Lsr ~h/t I "nd: ~4L f'... . of 4 1 M1 ' Y' IW 1< W III I ~ , ^ H. a. a41 r ry L4'~ i . V 111/ \v/ Municipality understands and agrees that the Municipality, its ~L4 employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of County. XI. County understands and agrees that County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representa- tives of Municipality. XII. The address of County is: County Judge, Denton County 110 West Hickory i Denton, Texas 76201 Telephone: 817-565-8687 I j The address of Municipality is: j City of Denton r 215 East McKinney 1 Denton, Texas 76201 Attention: Lloyd V. Harrell Telephone: 817-566-8200 XIII. For the full performance of the services above stated, County agrees to pay Municipality fees as described herein. County shall pay Municipality fees in the amount of $1.20 per capita, based upon North Central Texas Council of Governments population figures z provided to Denton County by the Denton County Library Advisory Board, payable in equal quarterly installments to Municipality i UBRARV aEAMES DS\T0 COL\71' • CITY OF U ION 5 r. , . t FEW, 4~ f:IJO, C_LdlJ commencing October 1, 1994. In addition, the Count Municipality an amount not to exceed TEN THOUSAND DOLLARS ( O,60V in matching funds upon the following conditions. Municipality shall attempt to secure funding from sources other than Denton County. Upon receipt of additional funding, Municipality shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. Denton County shall mat-.•h t Municipality's additional funding in an amount not to exceed $100000.00. Payment by County to Municipality shall be made in accordance with the normal and customary processes and business procedures of County, and payment shall be satisfied from current revenues of the County. XIV. This agreement may be terminated at'any time, by either party t giving sixty (60) days' advance written notice to the other party. In the event of such termination by either party, Municipality 1 ~ shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should Municipality be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then County >ga shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimblirsement shall not constitute a waiver of g! any claim that may otherwise arise out of this agreement. K ' UMM'SERVICEi 6 A ~faz S tr 1 1 ! W 1 t 4! R.~. I ~ V Y Z.1iC/ 1 's NO i qu- 0311 XV. This agreement represents the entire and integrated agreement between municipality and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument i signed by both Municipality and County. l XVI. The validity of this agreement and any of its terms or { provisions, as well as the rights and duties of the parties hereto, E shall be governed by the laws of the State of Texas. Further, I this agreement shall be performable and all compensation payable in Denton County, Texas. XVII. !1 In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. ' XVIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly ' passed and are now in full force and effect. l £I { P yy ' h. ` t 1 I UNPLAXY SERVICES a ; MION coOn• cm of DLNTo.. 7 f !y . ` rY ~JY ( dx a , w 1r rrr +N ~ , i _ r Aa,:',La';15~~ Executed in duplicate originals in Denton Count"~Town-w-bY the authorized representatives. COUNTY MUNICIPALITY j By By COUNTY JUDGE Name: Title: - Date: Date:. Acting on behalf of and by the authority of the Commissioners Resolution 0 Court of Denton County, Texas Dated ATTEST: ATTEST: By - By Denton County Clerk City Secretary I r, APPROVED AS TO FORM: APPROVED AS TO FORM: i- l Assistant District Attorney city Attorney APPROVED AS TO CONTENT: Directore Library Services 4 ~ !;y E t1ELMYiFR~7CEt 8 V,f r DTO\ COt>TY• CITY OF 17£NlU? - t 9ftOUNCII r r I I Ty p iy •ITiy ar l y~ 00 ~CITY ~COUNCII I 'h rJ.: yk .[[[4 n% ~ Y ~ fR; •tir ~yM~ 1 i L ~ ~K r F•, r~ Of of ' • '3C L e i t ~ y~T ~ ~ " 1 S' Y y 'K'r~1. Y/h Or v r rp. ~n .tom ~ ~,f.y~. I R f „d E e \WDMI WS \SOUARE. F [ R Apen40oetL~03- ~ncfalte4 2 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACKNOWLEDGING THE SERVICE OF THE FIRE DEPARTMENT AND OTHER CITY DEPARTMENTS IN RESPONSE TO THE MAJOR FIRE ON THE SQUARE; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, on Thursday, September 23, 1994, a major fire occurred i on the square in Downtown Denton which destroyed three buildings; and WHEREAS, Fire Department personnel performed courageously in suppressing and containing the fire amid perilous and dangerous circumstances; and I WHEREAS, the Fire Department was assisted by the City of Denton Utilities Department through its electric and water divisions, by terminating electric service to preclude additional fire hazard during the fire and restoring service after the fire was put out, and ensuring that sufficient water pressure was maintained; and l WHEREAS, the Fire Department was assisted by the City of Denton Police Department who maintained effective crowd and traffic control; and WHEREAS, the City of Denton Street Department erected barricades, provided assistance to the Fire Marshal in the fire investigation, and provided crews and equipment to clean the streets for safe passage; NOW, THEREFORE, ~ f THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION i. That the citizens of Denton are deeply indebted to the courageous efforts of the Fire Department, and the outstanding service rendered in support of the Fire Department by the City of Denton Utilities Department, Police Department, and Street Department. SECTION ii That the City Manager shall be directed to ensure that a copy of this resolution recognizing the efforts of these personnel be posted in the individual departments for all toLSee. SECTION iII. That this resolution shall become effective f immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. BOB CASTLEDERRY, MAYOR a s: i f AaYa:~ ApuaNo Data Ib~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY t BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: y; h L S gk, Mtd1Ay Ail ICY. Pe, (h jI a , ti , 4 A r' , r a , LL Y PAGE 2 a li COU-NCI] ( V. a jjM IO . t • j e: 'y a yl~' 'sC J t J y{ 1Jw~r. uv y~f `,y+~~ 4 ~'1A¢S t'~'r1~{>" 'Y~ ' Y V '~rN s. ti ~4 ! # k J 1 ' ~~'j~,~,{,A~ '`i~ 4S try ~•'•'yl wiy ' a " '~,'~'.'P, i`•Y''+ ~ti" Gam- s1 k~kf r s ~irraoc~ \u •~rmn.,rc~o +peoOaNa. 40eadalf fete RESOLUTION NO. I V 7 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING DEBRA A. DRAYOVITCH AS PART-TINE MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERMS OF EMPLOYMENT; ESTABLISHING A TERM OF OFFICE FOR THE PART-TIME MUNICIPAL JUDGE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, section 6.03 of the Charter of the City of Denton ~ authorizes the City Council to appoint a Part-time Municipal Judge to handle the judicial functions Of the Municipal Courts and E WHEREAS, Ordinance No. 94-014, adopted pursuant to CODE 630.982 (Vernon Supp. 1994 TEX. GOVT 4 of the City shall appoint the Part-time Municipal Judge of the City of Denton Municipal Court of Record; and WHEREAS, TEX. GOVT CODE Chapter 30, Subchapter Y (Vernon Supp. 1994) provides that municipal judges shall serve for a term of office, and the Council wishes to establish a term of office of the Part-time Municipal Judge; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION i That Debra A. Drayovitch is hereby a' Part-time Munioipal Judge of the Municipal Court of Recordnof the City of Denton, Texas for a -year term of office to commence November 1, 1994 and terminate at midnight E ~ SCTION I -~_IL That the Mayor is authorized to execute a contract with Debra A. Drayovitch, providing for her terms of employment, a copy of whicn is attached hereto and incorporated by reference herein. SECTION ZII This resolution shall become effective immedi- ately upon its passage and a pproval. PASSED AND APPROVED this the day of , 1994. E` f, ;y f.P .'j BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 Rw'M~ vmdaNo. 'ovdA le r/ r APPROVED AS TO LEGAL FORM: CITY ATTORNEY'S OFFICE BY: J 1 l a 4 r °..r s 1. 1 a ~y Y l .4 o t p 4i t TIC +I~ 1~t 1 ~F Y+ 1 S (I Ik.~ fj1 4,, IA PAGE 2 } 1 ~Y a I r YJ ~ ~ it i`W'+~. . ...may✓4.} r r.a... n. . i ..f .vt'r...~. _ . f i nj^. 1 t C 1 9 1\MPD0C5\X\PMT-TI N. JDD EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1994 by and between the City of Denton, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City" and Debra A. Drayovitch, hereinafter referred to as "Part-time Judge." wITNESSETHs 1. City does hereby agree to employ Debra A. Drayovitch for a period of ( ) year(s), beginning on November 1, i 1994, and continuing midnight , 19 , at a salary of per hour for a minimum of twenty (20) hours a week, and providing the same benefits available to regular part-time City employees (e.g., group health insurance 1/2 of basic insurance premium for employee only coverage paid by City and other prorated benefits). i 2. City does hereby agree to review the part-time Judge's compen- sation on an annual basis at the time the part-time Judge's performance is reviewed by the City Council. 3. The part-time Judge will receive assignments and work schedules within the discretion of the Municipal Judge. The part-time Judge agrees that she shall be available to perform and shall perform if directed, the duties set forth in the Assistant Municipal Court Judge job description, a copy of which is attached hereto and incorporated herein, as Exhibit "A". A 4. The City hereby agrees to consider in the Court's annual budget request an allocation of funds for travel, registration costs and subsistence expenses for professional and official develop- ment programs for the part-time Judge and consider allowing the part-time Judge to attend functions as a representative for the City, including, but not limited to, the Texas Bar Convention, the Texas Municipal Judge's Association Meeting, non-mandatory short courses, institutes and training seminars relating to criminal law or responsibilities of judges (which qualify for continuing legal education credit), legal or governmental group meetings at the state or local level and committees thereof in which she serves as a member by reason of her appointment as a judge. The City will budget and pay $600 for mandatory judicial education training. 5. The City agrees to budget and pay the State Bar dues of the part-time Judge if she has no outside practice and agrees to pay one-half of such dues if she has an outside practice. The iy ~ uV I 1 R 1. i t i s City agrees to pay the part-time Judge's dues for the Texaskq6 7 Municipal Court Association. The City hereby agrees to con- sider in the court's annual budget request an allocation of funds for dues in state and local legal associations and organizations necessary and desirable for her continued profes- sional participation, growth and advancement, and for the good of the City of Denton. The city also agrees to purchase a judicial robe for the part-time Judge. The city will not pay for occupational taxes assessed the part-time Judge or for local bar association dues. 6. During this Agreement, the part-time Judge shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Subchapter Y, or Chapter 30 of the Texas Government Code, and all other applicable laws pertaining to the operation of the Denton Municipal Court of Record, and her duties as a Magistrate. In the event of a conflict between the terms of this Agreement and said Code, Charter, Statutes and laws, the terms of said Code, charter, Statutes and laws shall govern. 7. The part-time Judge shall not take on representation of a client adverse to the City of Denton. The part-time Judge f shall not represent a client in a case where an employee of the City of Denton, in his capacity as an employee of the City of c Denton is a witness or may be summoned to appear as a witness. I 8. The part-time Judge warrants she meets the minimum qualifica- tions listed in the City's Job Opportunity Announcement (JOA:o158), a copy of which is attached hereto and incorporated ' herein as Exhibit "B", and is capable of performing the major duties and meeting the conditions of employment described in such JOA. 9. The City may remove the part-time Judge from office during her term pursuant to and in accordance with the requirements of f30.987(c) of the Texas Government code, or its successor, as same may hereafter be amended. 10. A request by the part-time Judge for release from this Agree- ment prior to the end of its term must be submitted in writing to the Mayor for City Council approval not less than thirty (30) days prior to the requested date of termination. Unap- proved abandonment of the Agreement shall be considered a default by the part-time Judge in the performance of this Agreement. 11. In consideration for the part-time Judge commencing her duties on November 1, 1994, the City hereby agrees to pay a sum equal to 160 hours of her accumulated vacation time and for the remaining vacation hours (not to exceed 160 hours), a sum equal to the difference between her rate of pay as of October 18, 1994 and the rate of pay specified herein. PAGE 2 Y A; eilqc34 Agsr,~a;fe~ i3 IN WITNESS WHEREOF, City has caused this A reem In its name by Bob Castleber g ent to be signed , Ma, and hereunto affixed and attested by itsrCity Secret ry, an the a be and year rt- time Judge has hereunto set her hard and seal the day ye ar first above written. PART-TIME JUDGE CITY OF DENTON, TEXAS j DEBRA A. DRAYOVITCH BOB CASTLESERRY, MAYOR ATTEST: + JENNIFER WALTERSY CITY SECRETARY BYt j APPROVED AS TO LEGAL FORM; CITY ATTORNEYPS OFFICE BYt ~ Xce = f d s U:c p « . t`i2r 4 i r r PAGE 3 fid { F f r 4 EXHIBIT A l~ JCNt c~~f ASSISTANT MUNICIPAL COURT JUDGE 1bo07 SALARYt r DEPAATMENTt MUNICIPAL JUDGE JOB SUMMARYt Under the administrative direction of the City Council, presides over Municipal court sessions and functions as a magistrate to administer justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the jurisdiction of the Municipal Court. MAJOR DUTIESI o Performs Municipal Judge and Magistrate duties as outlined in Texas State Law, and as scheduled by the Municipal Court Judge. o Presides over trials and renders judgments for misdemeanor violations, violations of city ordinances, traffic violations and any other cases within the jurisdiction of the Municipal Court. o Authorises issuance of warrants, summons, magistrate warnings, etc. a Arraigns prisoners, nets bonds, reviews fines, and accepts pleas. o facilitates efficient disposition of cases and other matters connected with proper processing of paperwork through the Court Clarke Office. o May be assigned to sit and perform all functions that would normally be performed by the Municipal Judge as needed. ! E o Performs other related duties as directed by City Council and the Municipal Judge, in accordance with State law. MINIMUM OUALIFICATIONSt o Juris Doctorate from an accredited institution. o License to practice law in the state of Texas (and be in good standing). o United States citizen. o Resident of the state of Texas. j } o Valid Texas Class C driver's license. CONDITION Of EMPLOYMENTt ' a o Will be required to preside over most evening court dockets and any other dockets as assigned by the Municipal Judge. a o Must be available to be called on to perform duties at unusual hours, including evenings, weekends and holidays. PREFERENCE fog MPiOYMENTt a, o May be given to person with experience in the practice of criminal law. AAADM i t 9~~o3U JOB OPPORTUNITY ANNOUNCIU~ R EXHIBIT B ~~70As w0 58 I'll JtN L-D r A531STANT MUST ITIME PAL COURT JUDGE SALARYt $15.43/Hr.-$17.36/Hr. DEPARTMENT: MUNICIPAL JUDGE JOB SUMMARYt Under the administrative direction of the City Council, presides over municipal court sessions and functions as a magistrate to administer justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the jurisdiction of the Municipal Court. MAJOR DUTIESs 1 o Performs Municipal Judge and Magistrate duties as outlined in Texas State Law, and as scheduled by the Municipal Court Judge. } o Presides over trials and renders judgments for misdemeanor violations, violations of city ordinances, traffic violations and any other cases within the jurisdiction of the Municipal Court, o Authorises issuance of warrants, summons, magistrate warnings, etc. t o Arraigns prisoners, sets bonds, reviews fines, and accepts pleas. o facilitates efficient disposition of cases and other matters connected with proper processing of paperwork through the Court Clerks Office. o May be assigned to sit and perform all functions that would normally be performed by the Municipal Judge as needed. o Performs other related duties as directed by City Council and the Municipal Judge, in accordance with State law. MINIMUM OUALIPICATIONSt o Juris Doctorate from an accredited institution. i j o License to practice law in the state of Texas (and be in good standing). CONDITION Of EMPLOYMENTs o Will be required to preside over most evening court dockets and any other dockets as assigned by the Municipal Judge. o Must be available to be called on to perform duties at unusual hours, including evenings, weekends and holidays. o Must be United States citisen and resident of the state of Texas. o Must have valid Texas Class C driver's license. PREFERENCE FOR A,MPLOYMENTt r' o Maybe given to person with experience in the practice of criminal law. g~g Closi.nq Dates June 24, 1994 1 CITY OF DENT ON ' i AAA00W 1 MAO" M~sn asweMS o.eoee.a • soS L slLasry, Wu A • DrMn • to • 7~tos • ~.s 6fonn~den tlr at iJ1~q~7 • T.a lp - 0117444-0340 i ~ww CITY COUNCE r 3 ♦,T ♦ ' ~ 1 1 N X11 w. Y iy f! 1. rh 7~yr*t~~t r,.. 'T'~ ty "I*z;4('.' ~46 O4 i,. A ~f rwr.~ t r awwr t ~ UlPDOC6\II! 6\ACT.G1 AP*No Apeadatt Oete - RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPOINTING AN ACTING CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the position of City Attorney of the City of Denton will become vacant effective November 1, 1994 as a result of Debra Drayovitch becoming a part-time municipal Judge) and WHEREAS, the City Council wishes to appoint Mike Bucek as Acting City Attorney effective November 1, 1994; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Mike Bucek is hereby appointed Acting City Attorney, effective November 1, 1994. i SECTION II. That Mike Bucek0s current rate of pay will E increase by ten percent (10%) during his service as Acting City Attorney. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR E ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY t, BY: b i s ! 1 14 Win _I WWI i Y x gendaNo ~garda~te S 2f7 OFFICE OF THE CITY ATTORNEY MEMORANDUM To: Robert E. Nelson, Executive Director for Utilities FROM: Stephanie Ford, Executive Secretary SUBJECT: Designated Representative Contract DATE: October 14, 1994 Pursuant to your request, attached is the original of the above- referenced agreement. Please have the original agreement executed ' by Jim Harder and Jim Thune, and return the original to our office. Also attached is a copy of an ordinance approving this agreement. Should have any questions in this regard, please call. xy= V ' r Stephanie Ford , of r Y' Attachment po: Lloyd V. Harrell, City Manager (memo only) 1 i~ c. gam,' x 4 ry ~ ~I Fos }.MI, 1➢ I'll ~1 fi 1 ~ ~ ~ 'Dtditai~d :o Qr+ufrry Servkt' .a , r s w+s t • 1 r t ((~y Lf IAx{i R 4~,~,tla',4e is '1 3 7 DESIGNATED REPRESENTATIVE AGREEKENT This Agreement is made to be effective on the day of 1994, by between and among the City of Denton, Texas ("CITY"), the owner and operator of the hereinafter named affected sources; Jim Harder, Director of Electric Utilities and Jim Thune, Electric Production Manager F j WITNESSETH: WHEREAS, CITY is sole owner and operator of the hereinafter enumerated affected sources and units, such sources and units being subject to regulation under the Federal Acid Rain Program (40 C.F.R. part 721 as currently codified and hereafter amended), a program i:istituted pursuant to Title IV of the 1990 Amendments to the Federal Clean Air Act (421 U.S.C. 74011 lea , as currently codified and hereafter amended); and WHEREAS, the affected sources of CITY, and its respective affected units, are as follows: Spencer Steam Plant, Units 4 5 5; and WHEREAS, Mr. Harder is employed by CITY as its Director of Electric Utties; and WHEREAS, Mr. Thune is employed by CITY as its Electric i production Manager; NOW, THEREFORE, in consideration of tie premises, the covenants hereinafter set forth, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto do hereby agree as follows: $RCTION I. Designated Representative. Pursuant to the Federal Clean Air Act, as amended, CITY hereby appoints Mr. Harder as its Designated Representative for the CITY affected sources. Mr. Harder hereby agrees to act as CITY Designated Representative for the CITY affected sources. fiRCTiON ii. '-Mies of th• posignate CITY authorizes Mr. Harder to fulfill the duties placed on - CITY's Designated Representative as such duties are defined in the Clean Air Act, as amended, and the implementing regulations promulgated thereunder by federal and state agencies, including fi• r,, those federal regulations found at 40 CFR 572.20 et sea. " Mr. Harder agrees to perform those duties. f ~ I F 4S~ i b C~' y M . r Y t I AECTION III. Alternate Designated Representative. Pursuant to the Federal clean Air Act, as amended, CITY hereby appoints Mr. Thune to act as CITY's Alternate Designated Represen- tative for the CITY affected sources. Mr. Thune hereby agrees to act as CITY's Alternate Designated Representative. SECTION IV. puties of the Alternate Designated Representative. j CITY authorizes Mr. Thune to fulfill the duties plao;d on CITY's Alternate Designated Representative, as such duties are defined in the Federal Clean Air Act, as amended, and the implemen- ting regulations promulgated thereunder by federal and state agencies, including those federal regulations found at 40 CFR 572.20 et secy. Mr. Thune agrees to perform those duties. SECTION V. Prooedure for the Aitersat• Desigg~ted Rgprese~ativ to Act in-Lieu of the Designated Representative. ' CITY hereby authorizes Mr. Harder to notify Mr. Thune either orally or in writing when he is unable to fulfill his duties as set forth in Section II for any reason, including, without limitation by enumeration, sickness, vacations, or business travel. Upon receipt of such notice, Mr. Thune shall fulfill Mr. Harder's Section iI duties until such time as Mr. Harder notifies Mr. Thune (either orally or in writing) that he is able to resume his Section II duties. If Mr. Harder becomes suddenly incapacitated and is unable to provide the notice required by this Section, then (a) CITY authorizes Mr. Thune to assume Mr. Harder's Section II duties; and (b) Mr. Thune will either orally or in writing notify Mr. Harder of his actions; and (c) Mr. Thune will continue to perform Mr. Harder's Section II duties until such time as Mr. Harder notifies Mr. Thune (either orally or in writing) that he is able to resume his Section II duties. SECTION VI. Certificate of Representation. i CITY authorizes Mr. Harder and Mr. Thune to submit a Certifi- cate of Representation as provided by 40 CFR 1 72.24, and any other applicable regulation. CITY further agrees to be bound by the certifications made by Mr. Harder and Mr. Thune in the submitted Certificate of Representation. Mr. Harder and Mr. Thune agree to j promptly execute and file the Certificate of Representation. it is acknowledged that, pursuant to 40 CFR 570.20(b), upon receipt by the Administrator of the EPA of a complete Certificatn of Represen- tation, the CITY Designated Representative, or as the case may be, the Alternate Designated Representative, shall represent and, by his actions, inactions, or submissions, legally bind CITY in all matters pertaining to the Federal Acid Rain Program and such affected sources and units. CITY shall be bound by any order t' issued to the Designated Representative by the Administrator, the ° permitting authority, or a court. , ~Y •w r~ No ~f Q,d t~- 7 SECTION VII. Liability. To the extent allowed by law, CITY agrees to indemnify and hold harmless Mr. Harder and Mr. Thune for any personal liability that they may incur in their capacities as Designated Representative and Alternate Designated Representative, respectivoly. Snch hold harm- less and indemnification does not extend to liability that is the product of personal dishonesty, fraud, gross negligence, or willful, wanton or criminal acts. i SECTION VIII. BindingEffeot. This Agreement is binding on CITY in its capacity as the owner and operator of the CITY affected sources 14nd units of those sources, SECTION IX. IOreieation. z This Agreement may be terminated by any party hereto at any time by giving notice of such termination in writing to the other ; parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be ef'ective as of the day and year first written above. I CITY OF DENTON r. BY: JIM HARDER, - LLOYD V. HARRELL E~ DESIGNATED REPRESENTATIVE CITY MANAGER , s~ } JIM THUNE, ALTERNATE DESIGNATED REPRESENTATIVE k~Yt G' ar '.I ~i~ lr~ + APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH CITY ATTORNEY L BYs r; q1 i Jf.l p ~ i t~ I ` ~ n,: ~Cy` !Zi3'I"fi►'iii w:abr.a.;".. r:,..,, _ . . r i . dtSfOreP.ord ii99s i p,s, ~aho -I v,. 'ic I ORDINANCE N0. 6 7 AN ORDINANCE OF THE CITY OF DENTON, TEX1.S, APPOINTING JIM HARDER AND JIMDESIGNATEDTHUlJ6 TO ACT AS THE DESIGNATED REPRESENTATIVE AND ALTERNATE REPRESENTATIVE, RESPECTIVELY, FOR THE CITY OF DENTON, TEXAS, IN ORDER TO EFFECTUATE THE REQUIREMENTS OF FEDERAL REGULA- TIONS RELATING TO ACID RAIN UNDER THE 1990 AMENDMENTS TO THE FEDERAL CLEAN AIR ACT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATrACiiED INDEMNIFICATION AGREEMENT LABELLED AS EXHIBIT A; AND DECLARING AN EFFECTIVE DATE. ations the Acid Rai under the1 990 amendments to the Federal Clean Air Act (40nCFR art 72; 42 U.S.C. 7401. Ogram nated representative and authorize d signation of anfalternate designated representative to act on the City"s behalf in complying with Federal permitting and regulatory provisions; and WHEREAS, the City of Denton, Texas believes that Mr. Haer and Mr. Thune are the most qualified individuals to assume these responsibilities; and WHEREAS, these positions are positions of extraordinary respon- sibility, carrying potential civil and criminal sanctions; and Y WHERrAs, the city council believes that, to the extent specs- ± fled in the contract document attached hereto as Exhibit A, it is ; appropriate for the City to assume responsibility, through indemni- fication, for any such unexpected sanction, unless such sanction results from personal dishonesty, fraud wilful, wanton or criminal acts of the designated representative or r alternate designated representative; Now THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: the Denton Harder a j m~ dune to a ti oy Of its behalf Texas here appoints Jim I designat d representa- tive and alternate designated representative, res ectivel ( relrpose Of effectuating the requirements of Federal re ' for the 11! ng to the Acid Rain Program under the 1990 amendmentsltoithe Federal Clean Air Act, to same may be amended from time to time. - That the cit authorized to execute on behalf of the City of DeMana to ntoneY Texas the i demnification agreements attached hereto and labelled as Exhibit A with Jim Harder and Jim Thune. SECTION 7 That this ordinance shall become effective r immediate- l' panita passage and approval. 1 r' 3 g[6L ~ 1~;;`da,'t9 PASSED AND APPROVED this the day of , 1994.74 BOB CASTLEBERRY, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY ~ t B BY: Y APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY byl Y' 1 ' .4 yY fl i. P• ly V . Ij t a r, V. L „N./r[ Y t ~,Sw d ~Ir :per, u iFlrJf, S>~ a i:, y K d Y~~i~tn ~ 'r PAGE 2 r a srt4 a l d