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AGENDA
CITY OF DENTON CITY COUNCIL t S
November 15, 1994
Closed Meting of the City of Denton City Council on Tuesday,
November 1994 at 5s15 p.m. In the Civil Defense Room of City
Hall, 215 E. McKinney, Denton, Texas, at which the following items
will be considered)
NOTES %HE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
j CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
4 5115 P.M.
f 11 Closed Meetings
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Consider action regarding the possible default of
GTE under the telephone franchise agreement.
t B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOV'T CODE
r ''W Sec. 551.074
Bork Session of the City of Denton City Council on Tuesday,
November 15, at 600 p.m, in the City Council Chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following items
will be considereds
NOTES A Work Session is used to explore matters of
r 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
s; organization proposing council action, if invited by City Council
or City Manager to participate in the session, Participation by
individuals and members of organizations 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 Sre not public hearings, so
citizens are not allowed to participate in the session unless
invited to do 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 prepare a final report defining
the proposed action, which will be made available to all citizens
prior to the regular meeting at which citizen input is sought. The
.
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City of Denton City Council Agenda Date r1 S. qL~
November 15, 1994
k Page 2
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E 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.
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6:00 P.M.
1. Receive a report, hold a discussion, and give staff direction
regarding the nomination of a candidate for possible
appointment to the Denton Central Appraisal District's
Appraisal keview Board.
2. Receive an update on the Greenbelt Corridor and a proposal for
the development of environmental enhancement projects under
the ArkAy Corps of Engineers Section 1135 Program. 3
3. Receive a report on the Third Annual City open House. j
Regular Meeting of the City of Denton City Council on Tuesday,
November 15, 1994 at 7100 p.m. in the Council Chambers of City s
Ha11# 2150. McKinney, Denton, Texas at which the following items
will be consideredt
7,00 p.m.
1. Pledge of Allegiance
2s Consider approval of a resolution of appreciation.
3. Citizen Report
r.,
As Receive a citizen report icom J.R. Bob Browning regarding
a request for the City Council to place on their agenda
for the regular meeting scheduled for December 6, 1994,
consideration of a resolution which would direct city
staff to give written authorization to Argyle Water
Supply Corporation to extend its lines to provide water '
service to a 92 acre tract of land on the east side of
Bonnie Brae, south of the City of Denton, in its ETJ.
a, Receive a citizen report from Larry Bailey regarding the
zoning at 220 K. Congress (formerly Benchmark Club and
Eatery)
- 4. Consent Agenda t
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations,
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City of Denton City Council Agenda Agendaltarrt,
November 15► 1994
Page 3 Cate
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations. The city council raise q estions r regarding
inEormat.lon and has had an opportunity to
these items prior to consideration.
Listed below are bids and purchase orders to be approved for
payment under the ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 5.A.,
This listing is provided on the
548., 5.C., S.D., and S.E.).
Consent Agenda to allow Council Members to discuss or withdraw an
item prior to approval of the Consent Agenda. Upon the receipt of
a "request to speak" form from a citizen regarding an item on the
Consent Agenda, the item shall be removed and be considered before
F approval of the Consent Agenda.
A. Ordinances
11 Contract with United Way
2. Contract with HOPE, Inc.
Contract with North Texas Community Clinics
Be Bids and Purchase Orderso
1. Bid 4 1678 Tractor Backhoes
2. Bid # 1679 Emergency Pre-emption System
3. Bid # 1680 Fiber optic Cable and Accessories
5. ordinances
A. Consider adoption of an ordinance approving an agreement
with the United Kay of Denton County, Inc.; authorizing
the Mayor to execute an greemont. (4.A.1)
Be Consider adoption of an ordinance approving an agreement Inc, authorizing the u i
with assistance to homeless families; authorizing the Mayor to
!
execute the agreement. (4.A.2) !
C. Consider adoption of an ordinance approving an agreement
} with the North Texas Community Clinics, Inc.j authorizing l
the Mayor to execute an agreement. (4.A.3)
D. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (4.8.1. #1678, 4.8.2.
#16790 4.B.3. #1680)
E. Consider adoption of an ordinance authorizing an
k extension to the City's contract with Canada Life i
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City of Denton City Council Agenda genA2 No y
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1 November 13, 1994 AMP
Page ~tE
Assurance Company.
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F. Consider adoption of an ordinance authorizing an i
extension to
the City's contract with North
American Life
t Assurance Company.
a$ Consider adoption of an ordinance authorizing the City
1
Manager to execute an agreement between the City of
tF. Denton and Heritage Land and Development Company, Inc. i
relating to the acceptance by the City of Denton of a
dedication of 9.5 acres of land when certain conditions
weaf have been completed by the dedicator. (The Parke and
Recreation Advisory Board and the Planning and Zoning
Commission both recommend approval.)
N. Consider an ordinance accepting the dedication from
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Richard Adamson and wile of Lot 24, Block D, of Avondale
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Addition, Section Three, In the City of Denton,. Denton
County, Texas for public park purposes. (The Parks and ;
Recreation Advisory Board and the Planning and zoning
Commission both recommend approval)
a
I. Consider an ordinance providing for the adoption of a
policy for the installation of devices to safely reduce
IF,
vehicle speeds on certain types of streets.
6. Resolutions
r' A. Consider approval of a resolution leasing parking spaces
located on the Williams Trade Square.
7s Vision Update
8. Miscellaneous matters from the City Manager.
9o official A,tion on Closed Meeting Itemsr
A. Legal Natters
S. Real Estate
°j Co Personnel
D. Board Appointments
14, New Business
This item provides a section for council Members to suggost
items for future agendas.
' il. Closed Meeting
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City of Denton City Council Agenda 4Q811d8N0=! _y-~~
Page 15, 1944 Agv*1
oatj 14
A. Legal Matt4rs Under TEX. GOVT CODE Sec, 551.071
dye r
H. Real Estate --Under TEX. lbV'T CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
1 jty. Sec. 551.074
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rTQ`~ CERTIFICATE
I certify that the above notice of meeting was
posted on the
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bulletin board at the City Hall of the City of Denton, Texas, on
I 1, :
the - day of . 1994 at clock (a.m,)
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CITY SECRETARY
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NOTE! THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT.' THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
° HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDU.ED MEETING. PLEASE CALL THE CITY
F, IF
} SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
:p THAT A SIGN LANGUAGE INTERPRETER CAN HE SCHEDULED THROUGH ~
THE CITY SECRETARY'S OFFICE. 1
s #i ACCO0225
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' CITY Of DsIVTOK TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201
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' MEMORANDUM
DATE: November 9, 1994',:
y1 TO: Lloyd V. Harrell, City Manager
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r t`r r r , y FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: APPOINTEE'S TO THE APPRAISAL REVIEW BOARD iN
Per your request, I have asked for potential nominee's as candidates for the Denton 1 „
Central Appraisal District's Appraisal Review Board from the Denton Independent
k, School District. Prior recommendation have bben coordinated through the DISD. w'
As you are aware, this board hears all the appeals that are presented to the Appraisal j i'
District during the months of May and June and throughout the rest of the year as
appeals are requested. Since this Is a very time consuming process during May and ?k
tune, the individual who serves on the board should be available full-time during these
months. Because of these restraints, the individual approached by the DISD has '
Indicated he cannot serve.
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I have attached for your information a list of current members and guidelines for.
appoi itment to the board.
If I can provide further information, please advise.
AFFOOM
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8171668.8200 D/FINMETRO434.2529
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NOV-10-1994 13338 FROM DENTON WPRAISAL DISTRICT TO 515682W'
82 p,02
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• 1094 T.PPRAIBAL• 1~RvIBW HOARD Apendil S'
~ ~ ~ 'sue
Original Term -Jan 1990 Term lxpiras 12/31/95
GBORGIA 09ORGE
P.O. Box 21
Aubrey, Tx 76227
I 817-36S-2167
Original Term - Jan 1992
JIMKY FRBYTAO Tee Expires 12/3'1/9S
P.O. Box 293773
Louisville, Tx 75029
214-221-7120
° IE. .
Original Tuna -June 1992 Term I~xpices 12/31/94
CRARLIS MORRIS
Rote '2, Box 184
Carrollton, Tx 75010
j 214-306-9440
I
" Original Term - Jan. 1989' Term Uplres 12131/94
BRADLEY T. MOWN
i9 ftor'seshoe Dr. q
Highland Vill$go,•Tit 73667
214-817-6623
f' 'Original Term - Jan. 1990
AI.SXANDBR Term Rxpiree
SILL 12/31/99 '
P.O. DOX $17
Pilot .Point, Tx 76258
817-686-2335
Original Term - Mar. 1994'
O.W. BILL RENBRER Term 8xt)ires 12/31/95
0.1605 Melinda Court
Flo~+er Mound, Tx 75026
• 214-319-8181•
Original Tern - July 1993 Term Expires 12/31/99
GUM JOHN80N
Rt. 1,' BOX 92
Justin, Tx 75247 '
817.479-2397
Original Term - Jan. 1993 Term Expir#a 12/31194
WULACB DAT3Y
: ~ ltt" , 2,1lox 325 ~
Dsnton,,i'x 76201
817-382-9437
Original Term - Jan..1993 Term Expires 1201/94
CLIF?W BOND
P.O, Boa 626
Justin, X 76247-0626
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NOU-08-1994 14=28 FROM DENTON FPPRAISAL DISTRICT TO 5668236 P.02
APPRAISAL REVIEW BOARD n
Ap WaNO '
ldcadoa Awwbnentand Comxnsatior AOesidalte
Data ~
Who Can Serve?
f
To save on the ARB, you must have lived in the appraisal district for at least two years
before taking officee. You don't need any special qualifications, but you may not verve on
the board if you are:
1. An appraisal district director.
2. An appraisal district employee or chief appraiser.
3. A taiing unit offioer or employee.
4. An offioa or employee of the Comptroller of Public Accouab.
You also may not serve as an ARB membmr if you are closely related to a person who
operates for compensation as a tax agad or is in the business of appraising property for
pro" tax purposes in the appaisal district Relatives barred we those within the
second degree of oomWinityy or affinity. If you knowingly violate this provisipn, you
ootlrlnir a clan B misdeaw4 ow. This provision took effect Septdmba 1,19€9, and
applies. only to ARB members serving tales that began afta that date.
The law &W bars from ARB service members who corrtract with the appraisal district cc
with a taxing unit in the appraisal district The bar applies if the member or a business
edify in which the member has a substantial interest contr ft with the appraisal district of
a taxing unit that participates In the appraisal district. Likewise, the sathe taxing units and
the appraisal district are each prohibited Bon contracting with an AM member or it
i business altity, in which an ARB mmba has a substantial iptaeat. Substantial interest is
f defined as either:
I: Combined ownership by the member or the member's spouse of at lead 10
pave t of the voting stock or stuns of the business.
2. Service by the member or the member's spOt16E as a perbM, limitod pertrw or
officer in the business amy.
x Constitu: .
You may also not save if you hold some other paid public office. The Teas
does not allow a pawn to hold more than one paid public office.
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NW-W-1994 14=29 FROM DDITON APPRAISAL DISTRICT TO 5668236 P.03
1 {
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AB TW= Ndsir AgPdalt
Men m starve twoayear tan rad terms; approximately half the nio I I f ~ I expo
cuch yen. Tetras begin January Tho appraisal district dieatoim1& poh t AAA membexs
by a mijmky vote and reoo d their docision in a roohWba
Tam m lilnieed bred on the aim of the population in the wAdy wad by the appmW
district. A parson is an appraisal district serving a coumy with a population o€ISnore than
$0,000 play nct save more thaw all or pad of threa terms oothe ARB. Aflet dotapla 4
rho third term, the person may nwa serve on the ARM sgaia
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ARB teoeivas s $50.00 mWmum fora half day and S12.50 an hour for any hours
wnti<ad slier the 530.00 minimum. The maximum pay is crapped at S 100.00 pet day. '
ARB regular m.eetiags art the third Wednesday of each nwnth at 9:00 AM
F,
,kRB ttapp *mW hearings will start on a daily basis, as noeded, from late May until the
} appraissl roll is approved usually in late July. Meetings will be from 9.00 AM. tb 3:00
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P.M.
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DENTON CENTRAL. APPRAISAL DISTRICT
3611 MORSE STRE ET t
P.O. Box 2616 +QellaB NO
pENTON, TEXAS 76202-2616
617,sbbo9o~ Agand3l
Date ' 041
,~S
OCT 18 ?994 S
MEMO
TO: All Jurisdictions
DCAD Board of Directors
FROM
DATEt October 17, 1994
SUWECTt Nominees TO Appraisal Review Board Members
The Board of Directors of the Denton Central Appraisal District
requests that your jurisdiction nominate a candidate for possible
appointment to the Appraisal Review Board.
To qualify for service on the Appraisal Review Board, a person
east have lived in the appraisal district for at least two years
prior to taking office. Kembers serve two-yeare terns, with
+ approximately half the member's terms expiring each year. Terris
begin January First.
R Ttae law prohibits certain individuals from serving on the Appraisal
Review Board. Appraisal District directors may not serve. Neither i
can officers or employees of the Appraisal District, a taxing j
unit served by the Appraisal District, or of the Property Tax i
Division of the comptroller of public Accounts. An Appraisal Review
Board member who has served all or part of three previous terns
cannot be reappointed.
nominee b November
Please return the name of your Jurisdictions Y 15,
1994. Do not confuse Appraisal Review Board member nominations with
Board of Director member nominations.
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COUNCIL
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Dw_11-15
November 15, 1994
CITY COUNCIL AGENDA ITEM
'POs MAYOR AND MEMBERS OF THE DENTON CITY COUNCIL
FROMs Lloyd V. Harrell, City Manager
SUBJECTS RECEIVE AN UPDATE ON THE GREENBELT CORRIDOR AND A PROPOSAL
FOR THE DEVELOPMENT OF ENVIRONMENTAL ENHANCEMENT PROJECTS
UNDER THE ARMY CORPS OF ENOINEERp SECTION 1135 PROGRAM.
RECOMMENDATIONt
No approval required, receive update and hold a discussion.
i SUMMARYs
On January 18, 1994, the Denton City Council approved a contract
with the Army Corps of Engineers for the development of a
Greenbelt Corridor between Lake Ray Roberts and Lake Lewisville.
The Greenbelt concept was developed as a unique recreational
alternative which preserved the rural character of the river
corridor (S.:e Exhibit I).
? Since the a ?
~pproval of the Greenbelt contract, the Army Corps of I
Engineers have completed project surveying, initiated land {
purchases and is currently In the process of developing facility
plans for the Greenbelt. Based on these recent activities, the
Corp has revised the cost of the original Greenbelt concept from
$9.3 million to an estimated $13.4 million (See Exhibit II). The '
Increase ir cost over the original estimate is primary due to
increases In land values and the development of a concrete bike
trail the entire length of the project (encouraged and supported
by biking interests during the public input process).
The project sponsors, the cities of Dallas and Denton, have been
working with the Army Corps of Engineers to develop lose expensive
alternatives while maintaining the integrity of the original
concept. The proposed alternative outlined in Exhibit III reduces
the scope and the costs for project from $13.4 million to
approximately $9.5 million. The summary of facilities In both the
full scope (original concept) and the reduced scope alternative fff
have been Included with Exhibits II and III. The Corps supports
the reduced project scope and is currently reviewing the
i preliminaiy cost estimates to firm up project costs.
j
The remaining Issue with the Greenbelt Corridor development is the
annual operations and maintenance of facility. Texas Park And
Wildlife are continuing to express an interest in the operation
and maintenance of the project but want the sponsors to pay the
09N costs.
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ENVIRONMENTAL ENHANCEMENT PROJECT PROPOSAL Oateridal q~_ S~q
In addition to recreational develop Z he
opportunities have been identified th t~ are variety
compatible other
Greenbelt development. The Army Corps of Engineers currently has
a continuing authority under the Section 1135 Program, which is
authorized by the Water Resource Development Act of 1986 (as J
revised), to participate with local entities in the develont of
jj
environmental restoration and enhancement projects. Possible
opportunities for environmental enhancement projects include
wildlife refuge development, environmental learning areas,
riparian forest rehabilitation, land reclamation projects and
wetland development.
Conditions of the 1135 program
entities to investigate the feasibility of these it m for local
with minimal risks. A brief summa YPe projects
is provided in Exhibit IV. Undery the 11351135 Program criteria
environmental enhancement program individual I
studied for a 951 cost sharpro
reimbursemento $ the 0,000 could be
of the feasibility study cost. Defining the sco project epstudy E`
! and the determination of study cost can be initiated h by the
project sponsor at no cost.
i At the completion of the feasibility study the sponsor would have
the opportunity to decide whether to move forward with project
implementation. If the project sponsor chose not to move forward
with implementation, the cost to the s
be the 951 reimbursement to the Corps foretheAcostiof thetstuwould
dy.
FISCAL IMPACT)
i
1 Denton's share of the pro
X1,549,437.50 PO°~ ;9,535,000 Greenbelt alternative is
$1,549,437.50 represent a _ the an avers a annual Debt ■ervlce on
7.914 interest over a 50 year term, The total opera ing hand
maintenance expense is estimated at ;150,000 per year, Denton's
share of the operating and maintenance expense would be
# approximately $40,000 per year.
Respec ul'l/y submitted,
L oyd V. Her el!, C ty nager
Exhibit IJ Greenbelt Corridor Fact Sheet
i Exhibit II: Preliminary Cost Summarys Full Facilities Scope
! Exhibit Ills Preliminary cost SuJrmary3 Reduced Facilities Scope
Exhibit IVi Section 1135 Program Highlights
:~~oc,r_wsw~una~
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AOV& No 4 $
Ager~da~ 2
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j Subjects Ray Roberts Lake - Greenbelt Corridor 00 ` -
,l.
Ray Roberts lake is located at river mile 60.0 on the Elm Fork of
the Trinity Rivers, forty miles northeast of the City of Dallas in
Denton County, Texas. The dam is approximately 30 miles upstream
of Lewisville Dam.
j
Ray Roberts Lake was authorized by the River Harbor Act of 1965 for
flood control, water conservation and recreation. It is an i
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authorized element in the Trinity River Basin and is designed to
function in tandem with Lewisville Lake.
As part of the authorization of Ray Roberts Lake, a portion of the
flood control storage in Lewisville Lake was reallocated to Ray
Roberts Lake in exchange for conservation storage. Consequently,
the top of conservation pool at Lewisville Lake has been raised
seven feet to accommodate this additional conservation storage.
The original authorization of Ray Roberts Lake project included 1
additional recreation facilities at Lewisville Lake to accommodate
the additional needs afforded by the raise in the conservation
pool. The Water Resources Development Act of 1986 subsequently
t•_t•tsed the authorization for Ray Roberts lake to include the
i development of a Greenbelt Corridor in lieu of the additional
recreational development at Lewisville Lake.
The Greenbelt project, shown in the attached figure, includes the
l purchase of adjacent land along the Elm Fork of the Trinity between
Ray Roberts and Lewisville Lake and the development of public
} access and recreation facility therein. The plan includes the
'acquisition of 10100 acres along the stream bank of the Elm Fork of
E. the Trinity River from downstream of Ray Roberts Dam to the upper
flood control pool of Lewisville Lake, approximately 14 miles
downstream. These lands will be purchased in fee, of which 440
acres in presently encumbered by a flowage easement for Lewisville
Lake. additionally, a conservation easement would be acquired on
an additional 500 acres to assure that the rural character of the
river corridor remains intact and to provide a visual buffer j
i between the newly acquired lands along the river and future
{ development. Easement provisions would allow landowners to
continue existing agriculture pursuits. The total Greenbelt
Corridor would consist of 1,600 acres. The corridor will be fenced
along the fee acquisition line.
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EXHIBIT
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The plan will also include development of the fee lands for public
access and recreational use. Canoe launching and take-out points
will be provided just below Ray Roberts Dam and at the two major
highway crossing upstream of Lewisville Lake. Parking facilities
i will also be provided at each access point. Additionally, ton
primitive camping sites will be interspersed along the stream
i. course. An equestrian and hiking trail will be constructed to take
advant%.qe of the diverse stream-oriented terrestrial resources of
> the rreenbelt Corridor. The trail system will consist of about 12 i~
i mills of separate hiking paths and equestrian trails linking the 1
acers points and camping areas. There will also be three bridges
In association with the trail system so that trails will meander
aesthetically through the entire corridor.
PILSsCi\MISC\RRGRNSLT
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TRINFFY RIVER
ELM PORK LEWISVILLE I.AK
LGCGND
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0111 MATIt 7
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t*OfOft0 W LMATX*
Its ' - °
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( / 1 Ittjam Fit LM
5 4 f TIM A ACCISS I i •S t>tlsrWC avAGl MIN
AND CAAKING
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SL' k Ci\OE LAUNCH
Gr { E AND PAMIN'G AKFA t•_ NhNTII ~
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o 1. AtWY wtw a ErrOtM1YW ;
4 5 RAY ROBERT) LAKE
1 1 j ~ rar WOM11l tfut ~ s
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k►Y 0081011 LAM ,
~ c~uweLr roialwoe
F PR(1JEC1' AREA'.- w`-
i - ~ FIGURE i r , .
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a GRaaNEaLT CORRIDOA PROaacT
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PRSLIlXEMY COST BUMMY (10-31-94 .rS,Oy
f ALTZMTIVa Al FULL FACILITIES BCol
M.. X1.5 1455 Site 428 Site 380 Site Total
Picnicki
Parking Ot $ 357`000 $ 62,000 $ 62,000 $ 171,000
,,w I F000 339,000 1,1540000 188501000
Access and turn 64,000 143,000 136,000 343,000
I sLighting g2,000 2,000 2,000 6,000
188000 160000 19 000 53,000
fig,, Canoe launch 820000 82 000 82 000 246,000 f
Pater lines 0 71`0 `
00 0 711000 j
Electrical 0 0 500000 30,T000
Water-borne toilet 0 76,000 0 76,000
i Restroon p
ST bode 0 260,000 260,000
Subtotal & ?6$199000+ 0 398;000
a~ $ 9900000 $1,765,000 $3,524,000
Hike bike trails (100 wide, 6" cono d steel, 6" base
f" Trail loop (428 vicinity) ) $1,908,000
Equestrian trails 206,000
Primitive carping 29,000
Channel bridgqe (455 vioinityyj 60,000 ;
Bridge crossing 01 (equestrian trail) 253,000
rx',* Oridgs crossing 02 (equestrian trail) 134000
Bridge crossing 14 (equestrian trail)
" 83j000
ys;" Bridge crossing 15 (equestrian trail) 1180000
Bridge crossing f6 (equestrian trail) 1180000
Bridge crossing 17 (equestrian trail) 45000
Bridge crossing 19 (equestrian trail) 70',000
TOTAL'COST FOR RECREATION FACILITIES $7,593,000
r TOTAL COST FOR REAL ESTATE 411650000
i TOTAL COST FOR,BOUNDARY FENCING 280,000
TOTAL COST FOR PLANNING, ENGINEERING, AND DESIGN 875,000
TOTAL 009T FOR CONSTRUCTION SUPERVISION ENGR ADMIN 500.000
GRAND TOTAL PROJECT COST
a{~ 13,4130000
~jfi,s4 et jE E
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EXHIBIT 11
} i
ApendaNo g
ALTERNATIVE AI DESCRIPTION AQ~lda~ S
Date 1' S ' q
A. Parking- 7 oa/d
1. YX 455 Add 80-vehicle lot with concrete pavement
.2. FM 428 New 100-vehicle lot with concrete pavement
3. US 380 New 100-vehicle concrete lot on 5' till
F a. Trails-
1. Hilts/bike- 10 feet wide concrete (6-inch reinforced) on
6" base course with 2' bass shoulders for entire length
(4.8 miles).
2. Equestrian- 4 miles of dirt trail, of wide
r,
C. Restrooms-
1. FM 455- Add two new E/T beds
2. FM 428- Nov water borne toilet with two E\T beds
3. Primitive Campsites- Unisex composting toilet
4. US 380- Duplex composting toilet
J D. Picnic Tables- 25 at, each access area ,
~t
Be Canoe Launch- I at each access area (455, 4281 380)
I
w
1.: Electrical- at each access area
2. Water Supply- at Pooh access area and the primitive
C"Psites ,
a. Primitive campsites- 10r
H. Footbridges- 1 pedestrian at 455 vicinity, and 7 equestrian. ;
f
A
I
k
i^
Agft to, $
. AQe~dall 3 2 •
O'REEEEELT CORRIDOR PROJECT Da 15- 9 y
PRELZ=3MRY COST SWO[ARY (10-31-14) a1 ,c
ALTERNATIVE 821 REDUCED FACILITIES SCOPE / w
(same as Alternative E, except change in hike/bike trail)
I
455 Site 428 Site 380 Site Total
Picnicking $ 440000 $ 65,000 $ 65,000 $ 174,000
Parking lot 37,000 1900000 432,000 6590000
Access and turn 64,000 0 0 64#000
signs 11000 2,000 2,oOO 5,000 '
Lighting 188000 160000 20,000 54,000
Canoe launch 85,000 850000 650090 255 000
Water lines 0 73,000 0 73,000
Electrical 0 0 510,000 51,000 '
Water-borne toilet 0 78,000 0 78,000
Restroom 0 0 275,000 275,000
E? beds 08.000 208,000 O 4416,00J00
Subtotal $ 457,000 $ 717,000 $ 930,000 $2,104,000
! Hike/bike trail (101 wide, 6" bass, no concrete) $ 877,000 II
` Trail loop (428 vicinity) - 215,O00
Equestrian trails - 29,000
Primitive camping
Channel bridge (455 vicinity) 263,000
Bridge cross ng 01 (equestrian trail) 47,000
Bridge'crossing f2 (equestrian trail) 30 000
Bridge crossing 14 (equestrian trail) 30,000
Bridge crossing Is (equestrian trail) 30,000
Bridge crossing 16 (equestrian trail) 30,000
Bridge crossing 07 (equestrian trail) 30 000
Bridge crossing 19 (equestrian trail) 30••0:03 00
TOTAL COST FOR RECREATION FACILITIES $3,715,000
G _ t TOTAL COST FOR REAL ESTATE 4 165 000
TOTAL COAT FOR BOUNDARY FENCING 280,000
TOTAL COST FOR PLANNING, ENGINEERING, AND DESIGN 875,000
yr> cl TOTAL COST FOR CONSTRUCTION sSLr2,RV.TBION, ENGR, ADMIN _ 505000 !!!,!l900~000
GRAND TOTAL PROJECT COST 9,535,000 ;
. i
f f
I
EXHIBIT III
4
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j ALTEANATWB B21 DBSCAIPTIOII ~QeAflc1N0 .
AQendalte
Otte_
A. Parking-
1. FM 455 Use existing lot v
2. }L,f28 Nov 54-vehicle lot with asphalt pavement
3. US 380 New 54-vehicle concrete lot on 2' fill
i B. Trails
1. Hike/bike- 10 feet wide base (6-inch thick) on
raw subgrade for entire length (9.8 miles).
2. Equestrian- 4 miles of dirt trail, 8' wide
C. Restrooms-
1. FN 455- Add two new E/T beds
2. FM 428- Nev water borne toilet with two BST beds
3. Primitive Campsites- No toilet
4. U8 384- Duplex composting toilet
D. Picnic Tables- 25 at each access area
E, Canoe Launch- 1 at each access area
rr°
Utilities-
1. Electrical- at each access area
2. Water Supply at FN 428 access area only
10
G, Primitive Campsites o
Fbutbridgor- 1 pedestrian at 455 vicinity, 1 equestrian,
£ and 6 equestrian low-water crossings
jte
(AAA 9 1 VMS
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October ~27 1994
L S
N0.
Agendaltertl~Ls
ENVIRONMENTAL RESTORATION PROJECTS i -Alt
Section 1135 of the Mater Resources Development Act of a. .
ogl0
0 The Section 1135 program is a Continuing Authority of the Chief of Engineers
authorized by the Water Resource Development Act of 1986 and amended in 1968 and
3990.
o The Program is authorised nationally at 125,000,000 per year for the purpose of i
restoring degraded habitats to conditions prior to modern impact.
o The program focuses on, but is not limited to lands directly impacted by Corps
projects.
0 Cost sharing by a non-Federal entity in the amount of 25 percent is required for
total cost of restoration projects with costs of the feasibility study being
reimbursable after project implementation. If no operation and maintenance is
required, the sponsor may be a non governmental entity.
o To initiate a Section 1115 study. a letter to the District from the project sponsor
is required which indicates an understanding of the Section 1135 program and a
desire to participate in a particular project. {
o Individual projects may be implemented up to a limit of 15,000,000 and study costs -
should be limited to 10% of the total implementation cost. i
{ o studies are conducted in two phases equivalent to reconnaissance and feasibility$
l 00 The "reconnaissances phase is very short and results in an 'Initial Appraisal ,
Rsppst• which is a fact sheet identifying the problem, project sponsor,
t proposed yyroject, and estimates of study and implementation costs.
00 The "feasibility phase takes normally 12 months and results in a 'Project
Modification Report" containing a description and justification of the a
recommended restoration plan along with a draft Project Cost Sharing
Agreement .(PCA) +
o At completion of the Project Modiflw tion Report, a letter is,required from the
project sponsor which states support for the project and a willingness to enter Into
the PCA.
I
o The PCA contains provisions that the project sponsor will reimburse 25t of the study
costs, assume 25% of the implementation cost., and assume all operation and
asiuteoance of the environmental restoration project (if say). i
0 Vpon approval of the Project Modification Report' by higher Corps authority,
preparation of Plana i Specifications (P69) is initiated,
o Execution of the 'PCA and real estate instruments iif any) by the District and
project sponsor must occur during PaS.
o Implementation of the project should not exceed 19 months.
rr { _ ~
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te1gI7TyA711e1teX'/RL i
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r EXHIBIT IV
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CITY
COUNCIL;
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i1P*90
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1 Q Dee it-IS j CITY of DENTON9 TEX" MUNICIPAL BUILDING / 215 E MCKINNEY / DENTON, TEXAS !6201
MEMORANDUM
3 l
DATES November 9, 1994
s { s 4
"
„
T0. Mayor and Members of the City Council
'Rla FROMt Frank H. Robbins, Executive Director of Planning and ta'
Development
Lr
SUBJECT: Bob Browning citizen Report. Hawk Valley.
w,
We understand that on November 15th Bob Browning will request that
4 a, the council enable the Argyle Water Company to extend a water line"
to and serve the Hawk Valley subdivision located at the fi^
interseotion of Bonnie Brae and Highway 77 in Denton0s ETJ (see
attached location map).
At issue are platting requirements. The property was subdivided,
r that is tracts or lots were sold to individuals, in 1992 without
pplatting. The Planning and Zoning Commission formally decided that
ff a water line were constructed to serve the development platting
t° ar would be.required. (See attachment 1.) Administrative and legal
staff have advised Mr. Browning that platting would not be required x?
r
if no public improvements, such as the water line, were built or
dedicated, or water was provided by wells. N _ A predesign was submitted before subdivision in 1992. No plat was
submitted. A preliminary plat was submitted in 1994 by Browning
representing the current lot owners. Many variances are required
1*4fore approval. Staff has noted to Mr, Browning it would 1
recommend approval of many. Variances inoludes
w, v - ,M1
;t. 'r (1) paving Bonnie Bras and sidewalks along it. staff is
suggesting a variance to paving to county rather than city
specifications and no sidewalks;
(2) drainage easements) '
right -of-way paving era
(3 sidewalks of the extension of
Allred Road.
81715668200 D/FW ME W 434 2628
N~Mlp~MA1WfA4Mit{~~~YkiMfMlF~ll~il~t'.li'Jf1,iNYK.NbY,.+~5r1..suw.+l6+id+Y.I.A.w,d`.caa+.,r.•.,.«~....,.-.t.,^v,wbqM~!iw3Wr4~FD+iD,YU'icY~gyy..
. 'Y.4sy'W'WMa3l11Y9f
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Mayor and Members of the City Council gQ9I~9k0 `7 ~(JJ a
November 9, 1994 Apenda~(
Page 2
O~te '
IPA& I
As exaction variances, the ultimate decision on these variances
would be considered by the Council.
It appears that Mr. Browningla request is "a way around" the state r
low requirement in Section 212.012, attached, which states that
utilities (sq. Argyle Water) may not be connected unless a platting
certificate from Denton is provided. Attachment 1 is the
certificate that platting is required, so extension may not be
made
~y
a
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y
.~•I 1` h ,
° 4rra H. Ro bins, AICP
FSRIlah ss
byr ittachmentss
Platting certificate iwith,reduced plat. i
2 1. . Excerpt from Chapter 212, LGC.
s Pa=Lloyd V. Harrell, City Manager
Planning Q zoning Commission
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ATTACHMENT 1 Afl9*1
f,`M o/ 0NH70Ns T/XA! MUNICIPAL BUILDING / 216 E. McKINNEY / DENTON, TEXAS T f
May 26, 1991
F
J, R. Bob Browning
2714 oak Lawn 1►venue
<r'. Dallas, TX 75219
sr
Rea "Hawk YalleyM Platting Determination
' Dear Nri Browningi
On May 251 1994, the Denton Planning and zoning Commission,
t r determined that platting in accordance with the City of Denton
Subdivision and.Land Development ordinance of the 92.172 acre tract
(see attachment 1) was required in 1992, unless no right-of-way,
t easements, or other. parts dedicated to the public or for use by the
' owners in the subdivision would be laid outs and that platting is
required now. {
This letter is to certify to that determination in accordance with l
paragraph 712.01 5 0[ the Local Government Code.
44 {
rank .Rob s, l1ICP' nife valters f'.
Executive Dir otor of ty S cretary
Planning and Development
Attachments 92.172 acre tract mad.
f ~r s
uaoasc: '
8171668$200 D/FW METRO 434.2628 i ;
J. - wrs,wvWM
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AgoodaNo
ATTACHMENT 1 S
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s Jeri n, ea VK~iIY AIAP Krra sin. tcW y
A04I BOUR VAvlt AUra\If Ir. 111/
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' ATTACHMENT 2 ApendaNo.
f 212.012 LOCAL GOVERNMENT CODE ggendalte S
1112.01L Connection of Villitlea J obtained in the manner eriKesl^-[6s=d~t
' (a) An entity descrited by Subsection (b) may not i{ plat
serve or c0rUct any land with water, sewer, electrici• I (c) The county clerk sw write legwmy on the %-a.
V, tss, or other utility service unless the entity has I rated plat the word Nuated" and shall enter on the
been presented with or otherwise holds a certificate plat a reference to the volume and pate at shkh the
applicable to the land issued under Section 212011& vacating instrument Is recorded,
(b) The prohibition established by Subsection (a) id) On the execution and recording of the vacating
applies only to; instrument, the vacated plat has no effect
11) a munkipality and officials of a municipality Arts 1917.70th Ley, ch. 114. 1 1, e?. Sept 1. IN?.
that ides crater, sewYr electricity. pmgu. or other
utttity service 1 212.014. Replatting Without Vaaling Preced.
Ing Plat `
(2) a municipally oared or municipally operated Are t of a subdivision or
utility that provides any of those services; Part of a subdivision
0) as public utility that provides any of those plat withourof t vu~tiand is on of that at J the repeat edmR
(4) a water supply or sewer mice corporation (1) is signed and acknowledged by oaWy the own-
organized and operstmf order Chapter 46, Acts of en of the property be ng repistted;
rho 43rd Legislature, Ist Caged Session, 1933 (Arta- (2) 8 approved after a public hearing on the
ck 1434a, Vernon's Texas Civil Statutes), that pro. I matter at which parties in Interest and citizens have
video any of those services; an opportunity to be heard, by the munleipal au.
15) a county that presides any of those services; thorwty responsible for approving plats: and
(3) does not attempt to amend or rewe any
(6) a special district or authority created by or ) eov'enants or restrictions.
I under state law that provides any of those services. A' I*7. 706 Let. Ch. 119.1 1, of. Sept 1. 1917,
(c) This section does not apply to any area covered 1 212.015. Additions[ Requirements fof certain
b by a development plat duly approved under Subchap- i Replats
ter 8 or under an ordusnce or rule relating to the
do eloprnent plat (a) In addition to compliance with Section 212,014. a
3 (d) T'he prohibition estabbshed by Subsection (a) ccoorjorm toto thee neutron n the preceding plat must
rtqulrementa of this scallion if
section only lard that an entity described by o Suss (11 during the preceding iiv'e years, any of the
section ,
r%im o1ti or (1) drat seems or or Ant !list connects be re~tted *-u limited
with aerv[cea on or after September I, 198?. The area to by as interim or tonin
class fibed by Subseceiott (b)(41, (31ao4(6) Mteseres or or not amore than two residential unit per lot; or
Bret comets with services on of after September 1. (2) any lot In the preceding plat was limited by
1989. deed restrictions to residential use for not more
than two residential unite per lot
Acts I117, 71kh Leg. ck 141 1. off. Sept 1. IN7. Amend-
I
W by Acts 11111, 71st I AI. a 1,1 etliDt off. Aug. 11 1988 (b) Notice of the hsuing required ender Section
Aeta 1961, 71A Leg, alk a14. 13 01. eft Sept 1, 1919. ~ 212.014 shall be given before the ISth day before the
the
hearing by
1 112.)11. Vacaling PIN date of
(a) The prtprvetors of the tract covered by a plat (1) publication In an official newspaper or a news-
r of vacate the pW at any time before any lot in the I tthhe~munitipaliry Is locatteeddM1 r the county in which
plat a sold. The plat is vacated sben a signed, (2) by written notice, sith a ropy of Subsection
aeknackdged 6t0rurnent declaring the plat vacated is (c) attached, forwarded by the munktpal authority
approved and worded In the manner prescribed for responsible for approving I tats to the owners of lots
"plat that are In the original subdhidon and that are
(b) is loll In the plat have been sold, the plat or within 200 feet of the loco to be replatted, as ind"t•
any Pert of the ptat may be vacated on the application ed on the most recently approved municipal tax roll
of ati the owners of lots In the plat with approval $14 or in the ease of a subdhision within the extrsterd.
G5. .
owl
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.MM'a~T':l'frw.yr3J1 r.,.:n r
1
Is haven Investments, Inc. -
27100 AX LAWN AVENUE, SUITE 104
DALLAS. TEXAS 76219
(214) 829.4160 AGOW9No
~ Ape~alte ~
`I tote ~ t - S' `a
j To= Mayor, City of Denton 6%17
Members of City Council City Attorney
City Manager
Executive Director of planning and Development
94
1 DATE! November 7, 19 Y
Rg= R¢quest to allow Argyle water Supply Corporation to provide
water service to Hawk Valley subdivision.
XS1[ORAM DUX
AS representative of twenty property owners, I have requested the
yy secretary to place ray name on th3 agenda, to give you a 7
Cit
Citizen's report, on November 15, 1994, at which time i will ask
to consider allowing Argyle water Supply corporation to serve
you
Hawk Valley subdivision on Donnie Bras Road, south of Denton.
rt was subdivided by metes and bounds in 1992 and the ,{a
The pry y red to drill multiple water wells to provide j•
developer is preps Ig the water is provided this way,
sra-or to the property owners. v water is
the subdivision is entirely lega161 and not optionsoiiobtaining tplatting
74
crequirements. Although this leg
available, we believe that it is in the best interests of the
y'1
owners,. and the City of Denton and its taxpayers to instead spend
• the available money to build a 6" water line which would expand the
gy n ~Corporation to serve the property.
i is
system of Ar le Water supply
I will expla in my citizen's report why building pipelines
" preferable to spending the money on drilling water wells.
We hope you will agree that is preferable for us to spend the
available monies to construct infrastructure Lhat will have lasting 54
benefit to the City of Denton and its taxp<yers, instead of
drilling wells to provide water to the property owners.
citizen's report which I will
deliver i have to you enclosed on the Tuesdaytext, November 15, 1994, as well as certain
othelr information, so that you can familiarize yourself in advance
' of the meeting.
I look forward to talking with you on November 15, 1994.
i
Sincerely,
i eR(:A.t9rowm ng
1
president
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S. AOBERT BASS 1300 ACRES
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CITIZEN'S REPORT TO DENTON CITY COUNCIL
J. R. BROWNING
NOVEMBER 151 1994
~gendaNo9U g
Agendalte
Date
Mr. Mayor and #I
I Members of the City council: I
My name is J. R. Browning, and I reside at 9932 Spirshaven
Lane in Dallas. I'm here on behalf of twenty property owners who i
own treats of land located on the east side of Bonnie Brae Road,
just north of its intersection with U. S. 377, south of the Denton
City limits, and within the extraterritorial jurisdiction of
Denton
The twenty owners bought their tracts of land, ranging from 3
to a acres each, from Brighton Trading company, L. C., which
subdivided the original 92 acre tract known as Hawk Valley in 1992.
Yn 1992, it was entirely legal under existing state law to
subdivide property in this manner without any required platting
process,' provided that no part of the property was dedicated to
public uses, such as for "roads, parks, squares or other public
uses," and none has been dedicated.
In connection with the subdivision and sales of the tracts,
the, developer promised to provide water to the buyers of theI
tracts, either by drilling water wells, or by extending service
from Argyle Water Supply Corporation, which serves the area to the
i
' south of the 92 sorest and which desires to extend its service
lines to provide water to the tracts. Argyle Water has formally
requested from the City of Denton written authorization to serve
the property, which request has been denied by the city staff, in
an attempt to force the owners to file a subdivision plat.
II
4
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I
AV*No g
staff has indicated to me that they have notAp*O r
City
given permission to Argyle water Supply Corporation to
e ro erty was not platted when it was
property, because th p P
and to allow Argyle to serve the properties without 1
subdivided,
platting might establish a "precedent" which could indicate to
others contemplating illegal subdivision activities that they could
expect to obtain water service from Argyle Water Supply Corporation
without complying with platting requirements, To the contrary, in
the subdivision activity occurred in 1992, when this 1
this case,
subdivision was legal under state law then in effect if water was
y our request will not j
provided trom artesian wells. Accordingly, anyone
establish any precedent which could be relied upon by
conaidering a new subdivision under current law.
the funds available to drill the
t The developer now has
artesian wells needed to provide water to all of the property
„
owners, and has commenced the drilling with one well already
completed. However, we believe that a preferable alternative would
be to allow Argyle Water Supply Company to provide water service to
the properties, without platting, for the following reasons: i
~1. Argyle water suppl•r Corporation has indicated that it is
possible to extend a 6" water main from Brush Creek Road,
Bonnie Brae Road to the
r u U. S. Highway 377 and along
north and o.' the 92 acres (please refer to Exhibit "A"),
for approximately the same cost as d. %line the artesian 1
wells.
2. Construction of a 6" water line to serve the properties
will provide lasting future benefit to the property
owners and the City of Denton and its taxpayers as the
City grows southward to include this area. If instead
~r' 71
i
1~xax.:J
.7pyl
CST
the money is spent on wells, no benefit "SUSlN&
the City of Denton. Agendatt .
late
Construction of the proposed water lines will open uplp
additional development opportunities in the area by
t
providing water availability to other properties, I
including the Perot property, which will also increase
the tax base, again benefitting the City and its
a{s r J ,
taxpayers in 'he future.
4. Argyle Water Sup;:`,y Corporation believes that allowing
the proposed water line extension is preferable to the
rM1 drilling of multiple new wells in the area, in order to
protect the integrity of the grcnnd water a4jpply.
ry4o Specifically', we icogjast that the City Council place on the
agenda for, your next meeting, consideration of an ordinance which
directs the city staff to give written authorization to Argyle
water supply corporation to extend a 60 water line to serve the
property as shown on the attached Bxhibi,c "A", without requiring
t sf',`` the property owners to file a subdivision plat.
To suamarize, the developbr has available the monies needed to
drill artesian wells to serve the property owners in HAwk Valley,'
f' and to do so would maintain a legal subdivision activity. However,
it is preferable to spend this money to build infrastructure which
will provide lasting benefit 4 o the property owners in Hawk Valley,
yh the City of Denton, its taxpayers and other property owners in the
x
area. Accordingly, we request that you place on your agenda and
*x approve the requested Ordinance at your next meeting, which is in j
the best interests of the City and its taxpayers.
Thank you for your consideration.
t
rip-
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ORDItlANCB NO.
AQerMaNo b
ADOPTED ON DECEMBER 61 1994
BY THE CITY COUNCIL AQeMI
f CITY OF DENTON Mtn I I - - C?U
FZ 7
WHEREAS, a 92.172 acre tract Of land located on the east side
of Bonnie Brae Road, north of its intersection with U. S. Highway
177, Denton County, Texas, mowhichrticuularlly describedioniExhibitt is situated w the
nAn~ (the "Props y
the City of Denton, was subdivided
extraterritorial jurisdiction of plat by the
in 1992 by metes and bounds, without the filing of a developer; and
WHEREAS, the subdivider of the Property has not dedicated any eets portion thereof for public use, such as for dstre allelopeeys is
squares, parks or other parts of the Property,
ready, willing and able to drill artesian wells to provide water that the
availability to the property owners, isthexetrefrom platting
ley,
subdivision, ndern stas Ha to law and
WHEREAS, the representative of
hen uelternativertto drilling '
1 proposed to the < City
multiple artesian wells, the construction of water liI"1►to b
connected to the system of Argyle Water Supply CorporatiWSCH)
Water supply
to pro water service to the Property, and Argyle
Corporvidatie on has indicated its desire to serve the Property if ,
so is received from the City of Denton;
do
to
zation
on
written auth
and {WHEREAS, the City Council recognizes that construction of the
proposed water lines would provide infrastructure of lasting future alternative benefit to the
wells on Denton,Propertyand not; and of drilling
artesian City of
multiple WHEREAS, granting of easements to AWSC by the property owners
to permit construction of the proposed water line (described on
Exhibit "B") possibly would trigger platting requirements
applicable to the subdivision if water wells were i
would not be drilled, and the City Council recognizes that it is wise and advisable to exempt the Property from any potential
platting
requirements which might otherwise
o ere and the to the
eloper to construct
order to induce the property t
the proposed water line. i
NOW, THEREFORE, BE IT RESOLVED AND ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DENTON, TEXAS;
,E
1. The Executive Director of Planning and Development of the
s of
City of Denton is directed to, on orb before Argyle water
the adoption of this ordinance, authorization Prosupply Corporation
accordance written
with the plan attached hereto as
perty,
Exhibit "B".
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r 2, The Property is deemed to be exempt from any platting
requirements of the City of Denton which might otherwise
r become applicable to the Property as the result of the
yr.; granting of easements by the owners of the Property to
?r Is Water Supply Corporationt provided, however, that
this exemption is limited to exclude other future { .
development, resubdivision or dedications of all or any
` kfitportion of the Property which might be subject to
platting requirements of the City of Denton.
t w i
PASSED AND APPROVED, by a vote of - to on this 6th
day of December, 1994.
Mayor
City of Denton, Texas
t E
ATTEST:ty Secretary AWN
! ogre - 4.
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c APPROVED:
City.Attorney
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. MIBIT -A-
pWpERTY DE9CRIPTIOP2
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All that certain lot, treat or parcel of land situated in the James
Texas,
and being
severe Survey, Abstract No. 1164, Denton County,
that tract described in a Trustee's Deed to H.C. Orr, Jr., recorded
In Volume 766, Page 6820 Deed Records of Denton County, Texas, and 1
being-more particularly described as followst
I I BEOIHNINO at a found halt inch reber with cap at the
Northwest corner of said Orr tract, also being the
Northwest corner of said severe Survey, said rebar being
at the Hest edge of an existing twenty tour foot wide
asphalt surfaced public road (Bonnie Bras), said rebar
yr also being In what was the West boundary line of a public
r road whose width at that time was 40.0 tests
THENCE North 89 degrees 49 minutes 31 seconds East with
the North line of said severe Survey and generally .with I.
an old fence line, 2079.15 feet to a six Inch round fence
r corner posh
THENCE with a fence for the occupied West line of the
Texas and Paolfic Railroad right-of-way the following k
five caller
South 71 degrees 21 minutes 45 seconds West 260.58 Teat
Are -to a set halt inch rebar!
South 26 degrees 53 minutes 48 seconds West 404.22 feet
to a set halt inch rebarl
South 26 degrees 23 minutes 34 seconds West 424.32 feet
to a set halt Inch rebarl
' i
try+' ~ South 27 degrees 11 minutes 30 seconds Fleet 500.00 feet
to a set half inch rebarl
South 28 degrees 01 minute 06 seconds West 2782.63 feat
to a found half inch rebar in the existing asphalt paving
of Bonnis Brae, said rebar also being in the West line of.
said Severe Survey#
j
THENCE North 00 degrees 32 minutes 30 seconds West with
said West line of the Severe Survey a distance of 3858.10
a 1•,' $ teat to the Point of Beginning, containing in all 92.172
acres of land.
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ARGYLE WATER SUPPLY CORPORATION
P.O. BOX 174
ARGYLE, TEXAS 76226
(817) 464.7713
October 26, 1994 aIV4 I
Agendalt
R. E, Nelson, Executive Directors
I Dept. of Utilities
City of Denton t
215 E. Mckinney
Denton, Texas 76201
Dear Bob:
Argyle Water Supply Corporation has received a request to extend water service to a
subdivision known as "Hawk Vallcy". Mr. Bob Browning of Spirehaven Investments of
Dallas has been acting as developer in the absence of the original developer, Mr. Robert
'Mood,
Mr. Browning has indicated he is committed to providing water service to the individuals
who purchased the tracts of land within the subdivision. He has paid for a preliminary
engineering study and has applied for and received a permit Rom Union Pacific K R, Co. ;
to underbore the railroad.
At the time of Mr. Browning's request for AWSC to extend water service to this
development, I told Mr. Browning that while this tract of land is within AWSC's CCN, it
1 is also within the City of Denton's CC'N and in their EIT 1 informed him that AWSC
serves water to several cities and that our Tariff policies regarding requests for service to
property inside the legal jurisdiction of a city or other entity clearly states that before any
service extensions to new subdivisions can be allowed, the entity having jurisdiction must
give written approval to AWSC.
Mr. Browning has told me that he would prefer to have the property served by a water r
utility, but if he Is unable to get that done that he is prepared to drill private wells (approx.
10) to serve water to the property
owners We at AWSC would refer that this
of private wells not be drilled. We recognize that we have no control over the drilling of
private wells, however, there certainly has been a lot of work in the past seven or eight
years in Denton County to help preserve the ground water and a move like this is not in
anyofour interests where water is concerned. We also understand that there are other
issues in addition to the water service to this property that the city is concerned about.
i,
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A10.
W-W
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Sines Mr. Browning has made a formel request to AWSC for service to the tract known
'sr as "Hawk Valley's AWSC asks that you consider this as our formal request for your
permission to AWSC to extend water service to this tract.
Y r RespeciAlly,
Randall R. Davis. General Manager f
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j CITY COUNCIL REPORT FORMAT
Tot Mayor and Members of the City Council 1
FROKI Lloyd V. Harrell, City (tanager
8118Jt Approval of an ordinance for expenditure of CDBG j
program Funds for Hunan Services.
i i
RECOXKMMTXO Approve an ordinance authorising the Mayor to sign a
contract between the City of Denton and the United wayo
sbmmyt
The contract states that approved expenditures for the
above listed program will be reimbursed for the period of
January It 1995 through September 30, 1995.
On June 7, 1994, City Council approved tto 1994 Final
i statement of objectives and Projected use of Funds for
the Community Development Block Grant Program. The Final
statement specified the use of $14#000 by the united flay {
to provide opportunities for children in the oweley I
Addition to participate in cultural and recreational f
programs provided by local agencies.
PROGRAMS. DRPARTMaNT8 OR GROUPS AFFECTED[
The Community Development staff will administer the
contract and compliance by subrecipient with all Ill
pertinent federal regulations.
f
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Jeny'.b^4/M
AQendaNo_r__.ur
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Ap
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I Flom smaell
All expenditures under the contract and all Cit7 dtaYt
{j activities are paid frou grant funds.
Respectfully submittedi
4 E
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nro
; " Lloyd v, sarrell s
City xanager
Prepared byt
s
! Brio Biiiips,
suuan Bervioes C rdinator
, Approvedt
Mih-
cF>~ stank as, AICp
X4y4, e0ntivn bisector for planning i Developuent w..
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AwdaNo
Ardalt
r ORDINANCE NO. We i
l AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
UNITED WAY OF DENTON COUNTY, INC.f AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORI AND
PROVIDING FOR AN EFFECTIVE DATE.
4
4 WHEREAS, the City Council has determined that it is in the best
interest of the citizens of the City to provide public funds to
United Way of Denton County, Inc. in consideration of the valuable
public services to be furnished by United Way of Denton County,
Ino., through the Rainbow Connection Program, to the city of Denton
in accordance with the Agreement attached heretof Now, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-LL That the City Council hereby approves the Agreement
attached hereto, between the City of Denton and United Way of
Denton County, Inc., and authorizes the Mayor to execute said
Agreement.
SECTION ii. That the City Council authorizes the expenditure
t„ of funds in the amount of Sixteen Thousand Dollars ($16,000.00).
SECTION iiT That this ordinance shall become effective immed-
lately upon its passage and approval.
PASSED AND APPROVED this the 1994.
day of
d ]
qF,
BOB CASTLEBERRY, MAYOR
01' k
yggy.y '
ATTESTI
'JENNIFER WALTERS, CITY SECRETARY
r
:A' BY I
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
By l Ael~i~-qsza,- ,
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u\sim.ra 1
+~endaNo L1
,I~yygeppodalt
W~V J ' III
MUM= EETREEN Tn CITY OF DENTON ~ p
AND VN31TBD OAY OF DENTON COUWY, INC.
This Agreement is made and entered into by and between the
City of Denton, a Texas municipal corporation, acting by and
through its Ka or, pursuant to
Y ordinance p hereinafter referred to
as CITY, and United Way of Denton County, Inc., 525 N. Locust,
Denton, Texas 76201, a Texas non-profit corporation, hereinafter
referred to as CONTRACTOR.
WHEREAS, CITY has received certain funds from the U. S.
Department of Housing and Urban development under Title I of the
Housing and Community Development Act of 1974, as amended; and
WHEREAS, CITY has adopted a budget for such funds and included
therein an authorized budget for expenditure of funds for United '
Way's Rainbow Connection Program; and
WHEREAS, CITY has designated the Community Development office
as the division responsible for the administration of this Agree-
sent and all matters pertaining thereto; and
YHSREAS, CITY wishes to engage CONTRACTOR to carry out such
i projects
{ NOW, THEREFORE, the parties hereto agree, and by the oxecu-
tion hereof are bound to the mutual obligations and to the perfor-
mance and accomplishment of the conditions hereinafter described. !
I.
E
TXRM
This Agreement shall commence on or as of January 1, 1995, and
shall terminate on September 30, 1995, unless extended as provided
herein:
II.
RESPONSIBILITIES i
CONTRACTO.'t hereby accepts the responsibility for the perfor-
mance of all services and activities described in the Work State-
sent attached hereto as Exhibit A, in a satisfactory and efficient
manes:, as determined by CITY, in accordance with the terms herein.
CITY will consider CONTRACTOR'S executive officer to be COWTRAC-
TOR's representative responsible for the management of all contrac-
tual matters pertaining hereto, unless written notification to the
contrary is received from CONTRACTOX, and approved by CITY.
The CITY'S Community Development Administrator will be CITY's
representative responsible for the administration of this Agree-
meet.
ApdaNo -
Date
III.
OITY&B OBLIGATION
A. Limit of Liability. CITY will reimburse CONTRACTOR for
expenses incurred pursuant hereto in accordance with the project
budget included as a part of Exhibit B. NotwiCistanding any other
provision of the Agreement, the total of all payments and other
obligations made or incurred by CITY hereunder shall not exceed the S
sum of $160000.
Be ]Leasure of Liability. In consideration of full and
satisfactory services and activities hereunder by CONTRACTOR, CITY
shall make payments to CONTRACTOR based on the Budget attached
hereto and incorporated herein for all purposes as Exhibit B, sub-
ject to the limitations and provisions set forth in this Section
and Section VII of this Agreement.
(1) The parties expressly understand and agree that
E CITY's obligations under this Section are contingent upon the
M actual receipt of adequate Community Development Block Grant
[ (CDBG) funds to meet CITY's liabilities under this Agreement.
i If adequate funds are not available to make payments under
I this Agreement, CITY shall notify CONTRACTOR in writing within
a reasonable time after such fact has been determined. CITY
may, at its option, either reduce the amount of its liability,
as specified in Subsection A of this Section or terminate tha
Agreement. If CDBG funds eligible for use for purposes of
this Agreement are reduced, CITY shall not be liable for fur- I
ther payments due to CONTRACTOR under this Agreement.
FA i
(2) It is expressly understood that this Agreement in no
way obligates th, General Fund or any other monies or credits
of the City or Denton.
(3) CITY shall not be liable for any cost or portion
thereof which%
(a) has been paid, reimbursed or is subject
to payment or reimbursement, from any other
source;
r
y (b) was incurred prior to the beginning date,
or after the ending Cate specified in Sec-
tion I;
(c) is not in strict accordance with the
terms of this Agreement, including all exhib-
its attached hereto;
(d) has not been billed to CITY within thirty
(30) calendar days following billing to CON-
TRACTOR, or termination of the Agreement;,
whichever date is earlier; or
PAGE 2 3
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AgWall
Dale ~•/s'- 9~1
{e) is not an allowable cost as defined by
Section XI of this Agreement or the project budget.
f (4) CITY shall not be liable for any cost or portion
I thereof which is incurred with respect to any activity of CON-
TRACTOR requiring prior written authorization from CITY, or
after CITY has requested that CONTRACTOR furnish data concern-
ing such action prior to proceeding further, unless and until
j CITY advises CONTRACTOR to proceed.
E (5) CITY shall not be obligated or liable under this
Agreement to any party other than CONTRACTOR for payment of
any monies or provision of any goods or services.
IVe
00"LIANCE WITH FEDERAL, STATE and LOCAL LAWS
A. CONTRACTOR understands that funds provided to it pursuant ?
' to this Agreement are funds which have been made available to CITY
" by the Federal Government (U.S. Department of Housing and Urban
Development) under the Housing and Community Development Act of
1974, as amended, in accordance with an approved Grant Application
and specific assurances. Accordingly, CONTRACTOR assures and
certifies that it will comply with the requirements of the Housing
and Community Development Act of 1974 (P.L. 93-383) as amended and
key i with regulations promulgated thereunder, and codified at 24 CPR.
The foregoing is in no way meant to constitute a complete compile-
a1;.-i P tion of all duties imposed upon CONTRACTOR by law or administrative
'y ruling, or to narrow the standards which CONTRACTOR must follow.
F
CONTRACTOR further assures and certifies that if the regula-
tions and issuances promulgated pursuant to the Act are amended or l:
revised, it shall comply with them, or notify CITY, as provided in
section XXIV of this Agreement. I
'r CONTRACTOR agrees to abide by the conditions of and comply
with the requirements of the office of Management and Budget
Circulars Nos. A-110 and A-122.
*}d B. CONTRACTOR shall comply with all applicable federal laws,
sr I laws of the State of Texas and ordinances of the city of Denton.
Oe
1EPREBEUTATI0UA
A. CONTRACTOR assures and guarantees that it possesses the
legal authority, pursuant to any proper, appropriate and official
motion, resolution or action pasiud or taken, to enter into this
Agreement.
All
{
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PAGE 3 •
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.gandaNO
agendalt~l~ S ~
7cq 99
Be The Eerson or persons signing and executing this Agree-
ment on behalf of CONTRACTOR, do hereby warrant and guarantee that
he, she, or they have been fully authorized by CONTRACTOR to
execute this Agreement on behalf of CONTRACTOR and to validly and
legally bind CONTRACTOR to all terms, performances and provisions
herein set forth. i
i
C. CITY shall have the right, at its option, to either I
temporarily suspend or permanently terminate this Agreement if
there is a dispute as to the legal authority of either CONTRACTOR
or the person signing the Agreement to enter into this Agreement.
CONTRACTOR is liable to CITY for any money it has received from
CITY for performance of the provisions of this Agreement if CITY }
has suspended or terminated this Agreement for the reasons
enumerated in this Section. k
D. CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of this Agreement W11 in no way be
substituted for funds and resources from other sources, nor in any
way serve to reduce the resources, services, or other benefits !
which would have been available to, or provided through, CONTRACTOR f
had this Agreement not been executed. li
vie {
PERFORXANCB BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out
all of the activities and services set out in the WORK STATEMENT$
attached hereto and incorporoted herein for all purposes as
Exhibit A, utilizing the funds described in Exhibit S, attached
. hereto and incorporated herein for all purposes and deemed by both
parties to be necessary and sufficient payment for full and satin-
factory performance of the program, as determined solely by CITY
and in accordance with all other terms, provisions and requirements
of this Agreement.
f No modifications or alterations may be made in the Work State-
ment without the prior written approval of the City0s Community
Development Administrator.
Vile
PAYXXVT8 TO CONTRACTOR
he Payments to Contractor. The CITY shall pay to the CON-
TRACTOR a maximum amount of money totaling $16,000 for services
rendered under this Agreement. CITY will pay these funds on a
' reimbursement basis to the CONTRACTOR within twenty days after CITY
has received supporting documentation. CONTRACTOR's failure to
request reimbursement on a timely basis may jeopardize present or
future funding.
a
t
PAGE 4
3
i
Apr& No
AgenOalt 5 S
Date
B. snoess Payment. CONTRACTOR shall refund to CITY wi in
tan (30) working days of CITY's request, any sum of money which has
been paid by CITY and which CITY at any time thereafter determines: k
I ~
(1) has resulted in overpayment to CONTRACTORI or
(2) has not been spent strictly in accordance with the
terms of this Agreements or
i
(3) is not supported by adequate documentation to fully
justify the expenditure.
O. Disallowed Costs. Upon termination of the Agreement,
should any expense or charge for which payment has been made be
subsequently disallowed or disapproved as a result of any auditing
1 or monitoring by CITY, the Department of Houaing and Urban Develop-
sent, or any other Federal agency CONMACTOR will refund such
amount to CITY within tan (10) working days of a written notice to
CONTRACTOR, which specifies the amount disallowed.
Refunds of disallowed costs may not be made from these or any
other funds received from or through CITY.
D. Deobligatiom of Taads. In the event that actual expendi-
ture rates deviate from CONTRACTOR's provision of a corresponding
level of performance, as specified in Exhibit A, CITY hereby '
reserves the right to reappropriate or recapture any such under- j
expended funds. {
as Contract close Out. CONTRACTOR shall submit the Agree-
sent close out package to CITY, together with a final expenditure ~
report, for the time period covered by the last invoice requesting
reimbursement of funds under this Agreement, within fifteen (15)
working days following the close of the Agreement period. CONTRAC-
TOR shall utilize the form agreed upon by CITY and CONTRACTOR.
At the termination of the ;Agreement, all unclaimed (30 days or f.
older) salaries or wages must be returned to CITY in the following
formats
(1) A cashier"s check for the net aggregate amount pay-
able to the City of Dentont
(2) A listing showing the Social Security number, full
name, last known complete address and the amount owed to each
person involved.
~ I
i
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PAGE 5
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A WaNo
Age~dalt
Date 5'
4
VIII.
w~RRAIi'1'IE8
CONTRACTOR represents and warrants that:
A. All information, raports and data heretofore or hereafter
requested by CITY and furnished to CITY, are complete and accurate
as of the date since that date, have not undergone any significant change without
written notice to CITY.
a, Any supporting financial statements heretofore requested
by CITY and furnished to CITY, are complete, accurate and fairly
reflect the financial condition of CONTRACTOR on the date shown on
said report, and the results of the operation for the period
covered by the report, and that since said date, there has been no
material change, adverse or otherwise, in the financial condition
of CONTRACTOR.
} Co No litigation or legal proceedings are presently pending
or threatshod against CONTRACTOR,
D. None of the provisions herein contravenes or is in con-
flict with the authority under which CONTRACTOR is doing business
or with the provisions of any existing indenture or agreement of
CONTRACTOR.
E, CONTRACTOk has the power to enter into this Agreement and '
accept payments hereunder, and has taken all nocesoary action to
authorise such acceptance under the terms and conditions of this
Agreement.
None of the assets of CONTRACTOR is subject to any lien
or encumbrance of any character, except for currant taxes not
delinquent, except as shown in the financial statements furnished
r by CONTRACTOR to CITY.
Each of these representations and warranties shall be continu-
ing and shall be deemed to have been repeated by the submission of
{ each request for payment.
COVENANTS f
A. During the period of time that payment may be made here-
under and so long as any payments remain unliquidated, CONTRACTOR
i shall not, without the prior written consent. of the Executive
Director of Planning and Development or his authorised represents-
tives
(1) Mortgage, pledge, or otherwise encumber or suffer to
be encumbered, any of the assets of CONTRACTOR now owned or
hereafter acquired by it, or permit any pre-existing mortgag-
PAGE 6 1 "
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14WO 11
rata.
AaeadaNo q qv'g
~ Aps~alte
Date ti -15 -C) )4
10 0%
es, liens, or other encumbrances to remain on, or attached to,
any assets of CosiTRACTOR which are allocated to the perfor-
mance of this Agreement and with respect to which CITY has k
ownership hereunder.
(2) Sell, assign, pledge, transfer or otherwise dispose
of accounts receivables, notes or claims for money due or to
become due.
or lease all or substantial part of
(3) Sell, convey,
+ ',1 its assets.
(4) !take any advance or loan to, or incur any liability
for any other firs, person, entity or corporation as quaran- ;
tor, surety, or accommodation endorser.
(5) Sell, 4onate, loan or transfer any equipment or item
of personal property purchased with funds paid to CONTRACTOR
by CITY, unless CITY authorises such transfer.
B. Should CONTRACTOR use funds received under this Agreement {
to acquire or improve real property under CONTRACTOWs control,
r, CONTRACTOR agrees and covenants=
{ (1 That the property shall be used to most one of the
j national objectives stated in 524 CFR 570 until August 31,
2005.
(2) That should CONTRACTOR transfer or otherwise dispose i
of said property on or before August 310 20050 CONTRACTOR
'
shall reimburse CITY in the amount of the fair market value of {
the property less any portion of the value attributable to {
expenditures of non-CDBO funds for acquisition of, or improve- j
sent to, the property.
C. CONTRACTOP agrees, upon written request by CITY, to
require its employees to attend training sessions sponsored by the
Community Development Office.
ALLOVABLE C08T8
~w! A. Costs shall be considered allowable only if incurred
directly specifically in the performance of and in compliance with
this A reesent and in conformance with the standards and provisions
of Exhq
ibits A and B.
B, Approval of CONTRACTOR's budget, Exhibit Be does not
constitute prior written approval, even though certain items may CITY*s orderrforrtthe.t llowingprior
be considered allowable costss~irad in
PAGE 7 -
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4gerdaNo RIO&
Agendalte tote !1'lS - ~q~
(1) Encumbrance or expenditure during any one month
period which exceeds one-fifth (1/5) of any budgeted line
items for costs as specified in Exhibit B.
f (2) CITY shall not be obligated to any third parties,
including any subcontractors of CONTRACTOR, and CITY funds
shall not be used to pay for any contract service extending
beyond the expiration of this Agreement.
(3) out of town travel. f
(4) Any alterations or relocation of the facilities on
and in which the activities specified in Exhibit A are
conducted.
I (5) Any altorations, deletions or additions to the
I~ Personnel Schedule incorporated in Exhibit B.
(6) Costs or fees for temporary employees or services.
(7) Any fees or payments for consultant services.
III (8) Trees for attending out of town meetings, seminars or
conferences.
Written requests for prior approval are CONTRACTORrs responsi-
bility and shall be made within suffici6nt time to permit a
thorough review by CITY. CONTRACTOR must obtain written approval
by CITY prior to the commencement of procedures to solicit or pur-
chase services, equipment, or real or personal property. Any
procurement or purchase which may be approved under the terms of
this Agreement must be conducted in its entirety in accordance with
the provisions of this Agreement.
ZI.
PROGRAM INCOME
A. ror purposes of this Agreement, program income means
earnings of CONTRACTOR realized from activities resulting from this
Agreement or from CONTRACTOR's management of funding provided or
received hereunder. such earnings include, but are not limited to,
income from interest, usage or rental or lease fees, income pro-
duced from contraot-supported services of individuals or employees
or from the use or sale of equipment or facilities of CONTRACTOR
provided as a result of this Agreement, and payments from clients
or third parties for services rendered by CONTRACTOR under this
Agreement.
B. CONTRACTOR shall maintain rerords of the receipt and
disposition of program income in the same manner as required for
other contract funds, and reported to CITY in the format prescribed
by CITY. CITY and CONTRACTOR agree, based upon advice received
from representatives of the U.B. Department of Housing and Urban
Development (HUD), that any fees collected for services performed
by CONTRACTOR shall be spent only for operating expenses. These
PAGE 8
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del
igsoua!ie
ate
12~Z~
gees or other program income will be deducted from the regular
reimbursement request.
C. CONTRACTOR shall include this Section in its entirety in
all of its sub-contracts which involve other income-producinq
services or activities.
I D. It is CONTRACTOR'S responsibility to obtain from CITY a
prior determination as to whether or not income arising directly or
indirectly from this Agreement, or the performance thereof, consti-
tutes program income. CONTRACTOR is &esponsible to CITY for the
repayment of any and all amounts determined by CITY to be program
income, unless otherwise approved in writing by CITY.
sIt.
KRIN79MCB OF RMRDA
A. CONTRACrOR agrees to maintain records that will provide
accurate, current separate, and complete disclosure of the status
of the funds received under this Agreement, in compliance with the
provisions of Exhibit B, attached hereto, ano with any other ap-
plicable Federal and State regulations establishing standards for
financial management. CONTRACTOR's record system shall contain
sufficient documentation to provide in detail full support and
justification for each expenditure. Nothing in this Section shall
be construed to relieve CONTRACTOR of fiscal accountability and
liability under any other provision of this Agreement or any
applicable law. CONTRACTOR shall include the substance of this
provision in all subcontracts.
B. CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation of programs and expenditures of funds
under this Agreement for the period of time and under the condi-
tions specified by CITY.
C. Nothing in the above subsections shall be construed to
relieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level end benefit of
services provided under this Agreement.
D. At any reasonable time and as often as CITY may dean
necessary, the CONTRACTOR shall make available to CITY, HUD, or any
of their authorized representatives, all of its records and shall
permit CITY, HUD, or any of their authorized representatives to
audit, examine, make excerpts and copies of such records, and to
conduct audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions or employment and all other data
requested by said representatives.
MI.
REPORTS AND INFOWATION
At such times and in such form as CITY may require, CONTRAC-
TOR shall furnish such statements, records, data and information as
PAGE 9
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Ape~!dalie
CITY tray request and deem pertinent to matters cove y / 8
Agreement.
CONTRACTOR shall submit quarterly beneficiary and financial
reports to CITY no less than once each three months, with the first
f reports due on or before March i, 1995. The beneficiary report
shall detail client information, including race, income, female
head of household and other statistics required by CITY. The
financial report shall include information and data relative to all
programmatic and financial reporting as of the beginning date
specified in Section I of this Agreement.
Unless a written exemption has been granted by the CITY,
CONTRACTOR will submit an audit conducted by independent examiners
! with ten (10) days after receipt of such.
ZIV.
MONITORING AND EVALUATION
A. CITY shall perform on-site monitoring of CONTRACTOR's
i performance under this Agreement.
B. CONTRACTOR agrees that CITY may carry out monitoring and
evaluation activities to ensure adherence by CONTRACTOR to the Work
f Statement, and Program Goals and objectives, which are attached
hereto as Exhibit A. as well as other provisions of this Agreement.
C. CONTRACTOR agrees to cooperate fully with CITY in the
development, implementation and maintenance of record-keeping
systems and to provide data determined by CITY to be necessary for
CITY to effectively fulfill its monitoring and evaluation responsi-
bilities.
D. CONTRACTOR agrees to cooperate in such a way so as not to j
obstruct or delay CITY in such monitoring and to designate one of
its staff to coordinate the monitoring process as requested by CITY
staff.
8. After each official monitoring visit, CITY shall provide
CONTRACTOR with a written report of monitoring findings.
P. CONTRACTOR shall submit copies of any fiscal, management,
or audit reports by any of CONTRACTOR"s funding or regulatory
bodies to CITY within five (5) working days of receipt by CONTRAC-
TOR.
IV.
DIRECT0R80 MEETINGS
During the term of this Agreement, CONTRACTOR shall cause to
be delivered to CITY copies of all notices of meetings of its Board
of Directors, setting forth the time and place thereof. Such
notice shall be delivered to CITY in a timely manner to give
adequate notice, and shall include an agenda and a brief descrip-
tion of the matters to be discussed. CONTRACTOR understands and ?
PAGE 10
4.~aRy
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AgendaNo
Agandaltaq_1
agrees that CITY representatives shall be afforded aiss-to-a_
the Board of Directors' meetings.
i
Minutes of all meetings of CONTRACTOR's governing body shall
be available to CITY within ten (10) working days of approval.
Yi/I. 4
IMSURAMC
e
i
A. CONTRAC'T'OR shall observe sound business practices with
respect to providing such bonding and insurance as would provide
i adequate coverage for services offered under this Agreement. j
B. The premises on and in which the activities described in
Exhibit A are conducted, and the employees conducting these
? activities, shall be covered by premise liability insurance, corn-
monly referred to as "Owner/Tenant" coverage with CITY named as an i
additional insured. Upon request of CONTRACTOR, CITY may, at its i
sole discretion, approve alternate insurance coverage arrangements.
C. CONTRACTOR will comply with applicable woxkers' compensa-
tion statutes and will obtain employers' liability coverage where
available and other appropriate liability coverage for program
participants, if applicable.
i D. CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles owned, leased or operated by
l CONTRACTOR. All employees of CONTRACTOR who are required to drive
I a vehicle in the normal scope and course of their employment suet
sass* a valid Texas drivers license and automobile liability
i insurance. Eviden..e of the employee a current possession of a
valid license and insurance must be maintained on a current basis
in CONTRACTOR's files.
B. Actual losses not covered by insurance as required by
this Section are not allowable costs tinder this Agreement, and
remain the sole responsibility of CONTRACTOR.
ZVII.
Y EQUAL OPPORTUNITY
f
A. CONTRACTOR shall submit for CITY's approval, a written
plan for compliance with the Equal Employment and Affirmative
Action Federal provisions, within thirty (30) days of the effective
date of this Agreement.
B. CONTRACTOR shall comply with all applicable equal employ-
ment opportunity and affirmative action laws or regulations.
f
C. CONTRACTOR will furnish all information and reports re-
quested by the CITY, and will permit access to its books, records,
and accounts for purposes of investigation to ascertain compliance
with local, state and Federal rules and regulations.
PAGE 11
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cY~
owl
AgendaNo Al
Agoodalte In the event of CONTRACTOR's non-compliance
D. v non-discrimination requirements, City may cancel or terminAgreement in whole or in part, and CONTRACTOR may be barred from
further contracts with CITY.
EVIII.
PERSOMEL TOLIOISS
I Personnel policies shall be established by CONTRACTOR and {
shall be available for examination. Such personnel policies shalls I}
A. Be no more liberal than CITY#s personnel policies, pro-
cedures. and practices, including policies with respect to employ-
fringe
privilhours nd holidays, egesa and navels and
benefits, v catand wage ion and sick rates, leave working
B. Be in writing and shall be approved by the governing body
of CONTRACTOR and by CITY.
r
ZIX.
CONFLICT OF INTIR387
A. CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Agreement. CON-
TRACTOR further covenants that in the performance of this Agree-
ment, no person harying such interest shall be employed or appointed i
as a member of its governing body. i
D. CONTRACTOR further covenants that no member of its
i governing body or its staff, subcontractors or employees shall
possess any interest in or use his position for a purpose that is
with which private
gain i for himself, a or othersbeing ticmotivated by ulary those desire
aily, business, or other ties.
0. No officer, member, or employee of CITY and no member of
its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Agreement shall (1) participate in any decision relating to
the Agreement which affects his personal interest or the interest
in any corporation, part►,.r=hip, or association in which he has
direct or indirect interests yr (2) have any interest, direct or
indirect, in this Agreement or the proceeds thereof.
>IE.
MOTION
CONTRACTOR shall not employ in any paid capacity any person
who is a member of the immediate family of any person who is
currently employed by CONTRACTOR, or is a member of CONTRACTOR's
governing board. The term "member of immediate family" includess I
wife, husband, son, daughter, mother, father, brother, sister,
in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
PAGE 12
II
ApandaMo 91/r -
Agondalt S
half-brother and half-sister. Date I ~IS.~ y b d7 014
POLITICAI, OA BBCTARIAII ACTIVITY
A. None of the performance rendered hereunder shall involve,
and no portion of the funds received by CONTRACTOR hereunder shall
be used, either directly or indirectly, for any political
(including, but not limited to, an activity to further the election
or defeat of any candidate for public office) or any electioY
undertaken to influence the passage, defeat or final content of
legislation.
B. None of the performance rendered hereunder shall involve,
and no portion of the funds received by CON T ACTORheereu der shall
be used for or applied directly or
as to operation, maintenance
msecterianoor oreligiousr be f cility or t
manneroa any
benofit in any I
activity. i
uII.
J PUBLICITY j
A. Where such action is appropriate, as determined by and
upon written approval of CITY, CONTRACTOR shall publicize the
activiti,r conducted by CONTRACTOR under this Agreement. In any
news reinase, sign, n prepared or distributed by or fmed oriCONTRAC-
TOR, ti menti information preps
ngon shall be mode of the U.S. Department of Housing and
TOR,
Urban DevelopnenV a Community Development Block Grant Program fund-
ing through the City of Denton having made the project possible.
B. All published material and written reports submitted
under this project must be originally developed material unless
otherwise specifically provided in this Agreement. When material
not originally developed is inch! eha report ort, the repots. This i
identify the source In the body
provision is applicable when the material is in a verbatim or
extensive paraphrase format.
All published material submitted under this project shall
include the following reference or, the front covar or title pager
This document is prepared in accordance with the
City of Denton's Community Development Block Grant ►^o-
gram, with funding received from the United States
Department of Housing and Urban Development.
C. All reports, documents, studies, a arts, s hedoles, or
other appended documentation to any p Po
proposal, or contracts and any responses, inquiries, correspondence
and related material submitted by CONTRACTOR shall become the
property of CITY upon receipt.
t
PAGE 13
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AgandaNO
Apondalje 5
nXII. Nre
FUNDING APPLICATIOMS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is
preparing or submitting any application for funding in accordance
with the following proceduress
A. When the application is in the planning stages, CONTRAC-
TCR shall submit to CITY a description of the funds being applied #
for, and the proposed use of funds.
B. Upon award of or notice of award, whichever is sooner,
CONTRACTOR shall notify CITY of such award and the effect, if any,
of such funding on the funds and program(s) contracted hereunder.
Such notice shall be submitted to CITY, in writing, within tan
(10) working days of receipt of the notice of award or funding
award by CONTRACTOR, together with copies of the budget, program
description, and Agreement.
C. CONTRACTOR shall not use funds provided hereunder, either
directly or indirectly, as a contribution, or to prepare applica-
tions to obtain any federal or private funds under any federal or
private program without the prior written consent of CITY,
Y t IZIV.
i C$ANQBB AND MONDKJ MTB
A. Any alterations, additions, or deletions to the terms of
this Agreement shall be by written amendment exGcuted by both
parties, except when the terms of this Agreement expressly provide
j that another method shall be used.
I B. CONTRACTOR may not make transfers between or among j
f approved line-items within budget categories set forth in Exhibit B €
without prior written approval of CITY. CONTRACTOR shall request,
in writing, the budget revision in a form prescribed by CITY, and
s` such request for revision shall not increase the total monetary
" obligation of CITY under this Agreement. In addition, budget
rb revisions cannot significantly change the nature, intent, or scope
of the program funded under this Agreement.
C. CONTRACTOR will submit revised budget and program in-
formation, whenever the level of funding for CONTRACTOR or the
program(s) described herein is altered according to the total
s, levels contained in any portion of Exhibit S.
' D. It is understood and agreed by the parties hereto that
changes in the State, Federal or local laws or regulations pursuant
` hereto may occur during the terr.of this Agreement. An such modi-
fications are to be automatically incorporated into this Agreement
without written amendment hereto, and shall become a part of the
Agreement on the effective date specified by the law or regillation.
I
PAGE 14
j
AAandaNc 9~~ S
Agendalte `S
47aie l
E. CITY may, from time to time during the term of the
Agreement, request changes in Exhibit A which may include an
increase or decrease in the amount of CONTRACTOR's compensation.
Such changes shall be incorporated in a written amendment hereto,
as provided in Subsection A of this Section.
I F. Any alterations, deletions, or additions to the Contract 4
Budget Detail incorporated in Exhibit B shall require the prior
written approval of CITY. FI
G. CONTRACTOR agrees to notify CITY of any proposed change f
in physical location for work least thirty (0) calendar days in performed advance of the change ement at
H. CONTRACTOR shall notify CITY of any changes in personnel
or governing board composition.
I. It is expressly understood that neither the performance
of Exhibit A for any progra.7 contracted hereunder nor the transfer
of funds between or among said programs will be permitted. E`
~ lI9~
SUSPENSION Of FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely
j and properly perform each of the requirements, time conditions and
duties provided herein, CITY, without limiting any rights it may
otherwise have, may, at its discretion, and upon ton (10) working
days written notice to CONTRACTOR, withhold further payments to
CONTRACTOR, such notice may be given by mail to the Executive
Officer and the Board of Directors of CONTRACTOR. The notice shall
set forth the default or failure alleged, and the action required
for cure.
I The period of such suspension shall be of such duration ea is
appropriate to accomplish corrective action, but in no event rhall 3
it uceed thirty (30) calendar days. At the end of the suspension
period, if CITY determines the default or deficiency has been
satisfied, CONTRACTOR may be restored to full compliance status and
751-1 { paid all eligible funds withheld or impounded during the suspension
period. if, however, CITY determines that CONTRACTOR has not come
into compliance, the provisions of SECTION XXVi may be effectuated.
'fERMIIU►TI011
~k
'f= A. CITY may terminate this Agreement with cause for any of
the folluving reasons:
~X (1) CONTRACTOR'a failure to attain compliance during any
prescribed period of suspension as provided in Section XXV.
(41) CONTR,IICTOR's violation of covenants, agreements or
guarantees of this Agreement.
PAGE 15
I
AendaNoApdalt
Date (3) Termination or reduction of funding by the United ~'Pq
states Department of Housing and Urban Development. r
(4) Finding by CITY that CONTRACTORS
(a) is in such unsatisfactory financial condition
as to endanger performance under this Agreement) f
has allocated inventory to this Agreement
(b)
substantially exceeding reasonable requirements)
(c) is delinquent in paymeat of taxes, or of costs I
of performance of this Agreement in the ordinary courea
of business.
(5) Appointment of a trustee, receiver or liquidator for
all or substantial part of CONTRACTOR "s property,
lion of bankruptcy, reorganization, rearrangement of or
liquidation proceedings by or against CONTRACTOR.
i
(6) CONTRACTOR's inability to conform to changes
provided in section~IV to and Section XXIV (1)), of thisiAgree-
ment.
(7) The commission of an act of bankruptcy.
bound under thef
(CONTRAATOR OR iCsR bound or violation shall he any law or
which terms of
1
the Agreement.
CITY shall promptly notify CONTRACTOR in writing of the
Simulttce terminate of p nding t rmin termination fm de to aother
i Simultaneous no '
funding sources specified in Exhibit B.
0. CITY may terminate this Agreement for tar convenience
time. If this Agreement is terminated by CITY CONTRACTOR will be paid an amount not to exceed the total of
accrued expenditures as of the effective date of termination. in
I no event will this compensation exceed an amount whi.,h bears the
l sage ratio tto thettot 1 services eoofaCONTRACTOR co ered bye ~V
performed bears
Agreement, loss payments previously made.
C. CONTRACTOR may terminate this Agreement in whole or in
part tormorinatperformanceion of
occurs
ONTRA upon upon pon may opt, within the limitations of this Agreement, to
CONTRA
■rovid athelterterminationnative this appsourceroval
r
CO contract MC-TORS and defined the hfunding sourceunin
n occasioned rcontract breach between of
in a con ~
question.
PAGE 16
atp ~Y{
•
FA
I
Ag vdaNo d--
Ageodalte
CONTRACTOR may terminate this Agreement upon the he f / onr
of CONTRACTORFe organization not occasioned by a breach of this
Agreement. vv
! cancel, withd awe or potherwiseiterminate ny terminate, ustandi g orders shall or
subcontracts which relate to the performance of this Agreement. E
CITY shall not be liable to CONTRACTOR or CONTRACTORts creditors
for any expenses, encumbrances or obligations whatsoever incurred
after the termination date.
E. Notwithstanding any exercise by CITY of its right of
suspension or termination, CONTRACTOR shall not be relieved of
liability to CITY for damages sustained by CITY by virtue of any
breach of the Agreement by CONTRACTOR, and CITY may withhold any
reimbursement to CONTRACTOR until such time as the exact amount of
damages due to
CITY from CO'
.tTRACTOR is a wee
determined. ? d upon or otherwise i
XXVII.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is
made or brought by any person(a), firm, corporation or other entity
a
CITY gainst CONTRACTOR, CONTRACTOR shall give written notice theroof to
claim' dt mand# suit )or working days other actionof Su•,h notice shall state such
date and hour of notification of any suoti claim, demand, suit or
other actions the names anCi addresses of the person(s), firm,
corporation or other entity making such claim, or that instituted
or threatened to institute any type of action or proceeding) the
basis of such claim, actin or proceeding] and the name of any
person(s) against whom such claim is being made or threatened. Such
written notice shall be dalivered either personally or by mail.
XXVIII.
INDHKNIlICATION
A. Xt is expressly understood and agreed by both parties
hereto that CITY is contracting with CONTRACTOR as an independent
contractor and that as such, CONTRACTOR shall save and hold CITY,
its officers, agents and employees harmless from all liability of
any nature or kind, including costs and expenses tor, , on account
of, any claims, audit exceptions, demands, suits or 6-.ages of any
character whatsoever resulting in whole or in part from the per-
formance or omission of any employee, agent or representative of
CONTRACTOR.
e. CONTRACTOR agrees to provide the defense for, and to
indemnify and hold harmless CITY its agents, employees, or con-
tractors from any and all claims, suits, causes of action, demands,
damages, losses, attorneys fees, expenses, and liability arising
out of the use of these contracted funds and program administration
and implementation except to the extent caused by the willful act
or omission oe CITY, its agents, eaployees, or contractors.
PAGE 17
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AgendaNo
A XFD
Q
uIZ. Data
KIOCELLMMUB '021 CV q
A. CONTRACTOR shall not transfer, pledge or otherwise assign
this Agreement or any interest therein, or any claim arising there-
under to any pparty or parties, bank, trust company or other finan-
oial ins.itution without the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, !
illegal, or unenforceable, the remaining provisions shall remain in {
full force and effect and continue to conform to the original
intent of both parties hereto.
I
C. In no event shall any payment to CONTRACTOR hereunder, or f
any other act or failure of CITY to insist in any one or more
instances upon the terms and conditions of this Agreement consti-
4 tuts or be construed in any way to be a waiver by CITY of any
breach of covenant or default which may then or subsequently be
.,r committed by CONTRACTOR. Neither shall such pay64n±, act, or omis-
~,x sion in any manner impair or prejudice any right, power, privilege,
or remedy available to CITY to ealorce its rights hereunder, which
rights, powers, privileges, or remedies are always specifically
preserved. No representative or agent of CITY may waive the effeot i I
of this provision. '
D. This ]Agreement, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement, understand-
r"+ my or other commitment antecedent to this Agreement, whether ;
written or oral, shall have no force or effect whatsoever; nor
' V. shall any agreement, assertion, statement, understanding, or other
~r' commitment occurring during the term of this Agreement, or subse-
quent thereto, have any legal force or effect whatsoever, unless
properly executed in writing, and if appropriate, recorded as an
amendment of this Agreement.
E. In the event any disagreement or dispute should arise
between the parties hereto pertaining to the interpretation or
meaning of any part of this Agreement or its governing rules,
codes, laws, ordinances or regulations, CITY as the party ultimate-
ly responsible to HUD for matters of compliance, will have the
final authority to render or to secure an interpretation.
F. For purposes of this Agreement, all official rommunica-
tions and notices among the parties shall be deemed made if sent
postage paid to the parties and address set forth belowt
~~x~` TQ CITYs To CONTRACTORi
City Manager Director
City of Denton United Way of Denton County
215 E. McKinney St. 525 N. Locust
Denton, Texas 76201 Denton, Texas 76201
j
I
PAGE 18
Mo
IN WITNESS OF Id1iiCN this Agreement has been executed on this
i the day of - r 1994.
c• CITY OF DENTON
BYs
BOB CASTLEBERRY, MAYOR
ya . a . 7 ATTESTS
JENNIFER NALTERS, CITY SECRETARY 4
~ ! E
9Ys
r
APPROVED AS T0, IMAL FORMI
DEBRA A.' RAYbVYTCH~'CITY ATTORNEY
14
BYt
•d I S kn'.
UNITED NAY OF DENTON COUNTY INC.
BYs •
S: DIRECTOR
ATTESTs
SECRETARY `
t:
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I PAGE 19
1
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4genGaESe _
EMBIT 11300 Date 5
911ITEA 1fAY OT DBNTOM COUNTY: II1O. -C
Statement of "Bork
for
The Rainbow Connection Program
The purpose of the program is to provide access to wholesome
activities for the ehildran and youth living in the Owsley Addition
in the City of Denton. The requested funding will provide scholar-
ships for children. The Rainbow Connection Advisory Board will
screen applications for appropriate activities and income
eligibility before authorizing payment to the agency or program,
TO make the residents aware of the program, the Rainbow Connection
T ! will provide publicity and promotional activities.
The program provides transportation assistance in the form of bus
'Vi tokens or as reimbursements to participating agencies who will
pprovide activities and transportation for the children. The Rain-
hf? +-,?a bow Connection Advisory Board will approve applications for trans-
,F portation and agency activity reimbursement.
In accordance with united Way accounting procedures, an audit will
L^ be performed at the conclusion of the program. Evaluation of the
program 011 include completing surveys of participants, program
M, leaders, and Rainbow Connection volunteers.
Y
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' P`M/'IyJ1:d4JZ WY~~2ikrM4~i V1.4 AEn i('Idl . . / 1'"
. •t~y
Jvr«-;, zr x « ~
Agenda No j~R-
United Way of Denton County, Inc. Ag6nda?te ~
Rainbow Connection Date._~,_ ~
sv90s BUDGET - '
a c `
r ,
r r r, •
Pt am 0 Be R61mbu
Program SeboUnhipb SO children X $100 $8,000
10 • Newton Razor Elementary 11500 t'
Sumner School Scholarships
10 - Calhoun Middle School 1,500
Field Trips and Transportation for Owsky Summer Playgrouod 1,400 ;
~ v Agency Acdvlty Pecs 1A00
Transportation Serdws 1,150
S a r p~aQn 250
~.,,.Y.o~.l,A,.w - 500
pr t.+.
QA ! , Y'11a J , `
Pi PIrl 1~,' ~,R IR ~r' P01 200
•9!I rvf. !
~dYY
Audit
TOTAL 516R000 . 1J'.
i .h J iJx I
1 A 1 k
lj~
Irv 1
.t r . yr
. I ~xv 7 `r Pr'
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0I
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S
a,
t
CITY
6
COUNCIL
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Y 4 11111
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ApW
o---94
DATES 11-15-94 ~ a a
CITY COUNCIL REPORT FOUR
TO= xayor and members of the City Council
FRCap Lloyd Vs Harrell, City Manager
SUSJ1 Approval of an ordinance for the expenditure of
I ODBG Program Funds for Hunan Services.
1
t
Approve an ordinance authorising the City xanager to sign
a contract between the City of Denton and ROPE, Irks
r Sti1D17►RYe
The contract states that approved expenditures for the
! above listed program will be reimbursed for the Period of
January 1, 1095 through September 30, 1995.
MACKGROMMI
on June 7, 1994, City Council approved the 1994 final
Statement of objectives and Projected Use of MAds for
the Community Development Block Grant Progran. Tb• Final
Statement specified the use of $14,000 by ROPE, inc. to
' provide assistance to boneless or potentially bomeloss
families. On September 13, 1994 City Council adopted the
' Annual Program of Services that included the use of
j ` $50000 by ROPa, Inc. to provide assistance to homeless or
ot }
potentially ni1 be boneless The total amount of
PROGRAM DEPARTIMTB OR GROUPS A FECTERS
j The Community Development staff will administer the I
contract and compliance by subreoipients with all I
pertinent federal regulations.
i
! ~ l
i
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` Zo ~ia+ 111.1
S Apea4aN0 J
E ADe~da1// /5~_
tIBOU IMP7ICTS L ~2 E
The of on the general fund will be limited to $b,000
for financial assistance as specified above. The E
remaining expenditures under the contract and all City
staff activities wil be paid from grant funds.
Rerpegt ully subMitS:ads
'Iy
e~
dot-
Lloyd V, Itarreli
city Manager
t r
Prepared by1
%
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y,
,
{ Pr c S dipps,
ervio Coordinator
5 - Ire, a
ASR, l:'. 1~J I
JF. Y~ Appro•'edt
1 a .
rank n hloP
lftsitiwe biraotoz for Planning i Development '
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y
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ArOaNo S
1 bA° ° Agsndako
Date " 5 2
:z
ORDINANCE N0.-----~
ByIEEN THE CITY OF DENTON AND
AN OF1GIlU1NCE APPROVING AN AGREEMENT DS FOR TASSI HE AGRECEMENT {
HOPE, INC. AUTHORIZING THE BXPENjS MAYOR OF FUN
AND PROVIDING FOR AN
HOMELESS FAP{ILIESI AIIZING TH NAY TO EXECUTE THE
OF FUNDS THEREFOREi
APPROVING THIN EXPEND
EFFECTIVE DA'Z'E'
rmined P'( that public funds to
City to ict se~ices°t~be
y~Ey tEAB, the Cityy council he s dote vide pu
pubi
interest of the citicens Of
HOPE inc., to the of Denton in accordance with
in consi=noaticn of the THEREvaluableFORE,
City
v HOPE, i
the Agreeeement attached heretoi NOW,
TI HEREBY ORDAINSS
M CpUNC;L OF THE CITY OF
"Agree-
Council hereby approves the Ino.
That the City of Denton and HOPE,
xent" a ed hereto, between the City regiment.
rising the expenditure Of crnio execute said Ag to homeless
Mayor
autho and authorises the
families, expenditure
That the City council euthTeaLelhou®anBDollars
fthe amount of Twenty-
of funds in
($23,000.00).
That this ordinancA shall become effective imme-
approval.
diat0lupon passage and 1994.
PASSED AND APPROVED this the 41 day of
k BOB CASTLIBERRY1 MAYOR
F,
I
i
I ATTESTS
JENNIFER HALTERS$ CITY SECRETARY
i
r BYs
APPROVED As TO LEGAL FORMS
A. DRAYOVITCH, CITY ATTORNEY
DEBF<J►
By l .,.k
I
agertdalVo ~
,i agendaite
AOREEnUT BETNEEN T" CITY OT Dy Q
RYD HOPEr INC. 016 V
This Contract is made and entered into by and between the City
of Denton, a Texas municipal corporation, acting by and through its
city !tanager, pursuant to ordinance, hereinafter referred to as
CITY, and Hope, Inc., 1213 N. Elm, Denton, Texas 762010 hereinafter t
referred to as CONTRACTOR.
T'. k WHEREAS, CITY has received certain funds from the U. S.
Department of Housing and Urban Development under Title I of the
Housing and Community Development Act of 19740 as amended; and
WHEREAS, CITY has adopted a budget for such funds and included
therein an authorised budget for expenditure of funds for
assistance to the homeless families; and
WHEREAS, CITY has designated the Community Development Office
" as the division responsible for the administration of this contract
and all matters pertaining thereto; and
' WHEREAS# CITY wishes to engage CONTRACTOR to carry out such
project;
NOW, THEREFORE, the parties hereto agree, and by the execu-
tion hereof are bound to the mutual obligations and to the per-
formance and accomplishment of the conditions hereinafter
described.
i
I. j
FERN
i
This Contract shall commence or or as of January 1, 1995, and
shall terminate on September 30, 199h, unless extended as provided
' herein.
II.
I
RESPONSIBILITIES
t
CONTRACTOR hereby accepts the responsibility for the perfor-
mance of all services and activities, described in the Work State-
sent attached hereto as Exhibit A, in a satisfactory and efficient I
manner as determined by cIrY, in accordance with the terms herein. f
CITY will consider CONTRACTORI's executive officer to be CONTRAC-
TOR►s representative responsible for the management of all contrac-
to the
CONTRACTOR unless anwritten notification d approved by CITY,
tual from heratoi
is
contrary
The CITYIS Community Development Administrator will be CITY►s {
representative responsible for the administration of this contract.
i
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Ag" alto
tb1a / GJ
III. 5' o; 22
CITYP8 OBLIGATION
A* Limit of Liability. CITY will reimburse CONTRACTOR for
expenses incurred pursuant hereto in accordance with the project
budget included as a part of Exhibit B. Notwithstanding any other 1
provision of the contract, the total of all payments and other
obligations made or incurred by CITY hereunder shall not oxceed the
sum of $23,000.00.
i
B. Measure of Liability* in consideration of full and
satisfactory services and activities hereunder by CONTRACTOR, CITY
shall make payments to CONTRACTOR based on the Budget attached
hereto and incorporated herein for all purposes as Exhibit B, sub-
ject to the limitations and provisions set forth in this Section
and Section VII of this Contract.
(1) CITY shall not be liable for any cost or portion
thereof which:
!a) has been paid, reimbursed or is subject
to payment or reimbursement, from any other
sourcet
(b) was incurred prior to the beginning date,
or after the ending date specified in
Section It
(o) is not in strict accordance with the
terms of this Contract, including all exhibits
attached herstot or
E (d) has not been billed to CITY within thirty
(30) calendar days following billing to CON-
TRACTOR, or termination of the Contract,
whichever date is earlier. f
(2) CITY shall not be liable for any cost or portion
thereof which is incurred with respect to any activity of CON-
TRACTOR requiring prior written authorization from CITY, or
fl after CITY has requested that CONTRAC'T'OR furnish data concern- j
ing such action prior to proceeding further, unless and until j
CITY advises CONTRACTOR to proceed.
(3) CITY shall not be obligated or liable under this
Contract to any party other than CONTRACTOR for payment of any
monies or provision of any goods or services.
PAGE 2 i
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Iv.
COKPLIANCI NITS STAT= and LOCAL LAWS
CONTRACTOR shall comply with all laws of the United States of I
America and the State of Texas and ordinances of the City of Denton f
in the performance of this contract. i
ve i
REPRESENTATIONS
{
A. CONTRACTOR assures and guarantees that it possesses the
legal authority, pursuant to any proper, appropriate and official
motion, resolution or action passed or taken, to enter into this
Contract.
Be The persor.or persons signing and executing this contract
I on behalf of CONTRACTOR, do hereby warrant and guarantee that he,
she, or they have been fully authorized by CONTRACTOR to execute
this contract on behalf of CONTRACTOR and to validly and legally
bind CONTRACTOR to all terms, performances and provisions herein
set forth.
C. CITY shall have the right, at its option, to either
;r temporarily suspend or permanently terminato this Contract if there
is a dispute as to the legal authority of either CONTRACTOR or tho
person signing the Contract to enter into this Contract. CONMC
TOR is liable to CITY for any money it has received from CITY for
performance of the provisions of this Contract if CITY has sus-
pended or terminated this Contract for the reasons enumerated in
s this section.
D. CONTRACTOR agrees that the funds ar:d resources provided
CONTRACTOR under the terms of thid Contract vIl l in no way be sub-
stituted for funds and resources from other sources, nor in any way
serve to reduce the resources, services, or other benefits which
would have been available to, or provided through, CONTRACTOR had
' this Contract not been executed.
1 PERI'ORKXNCE BY CIONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out
all of the activities and services set out in the Work statement,
atta^.hed hereto and incorporated herein for all purposes as
Exhibit A, utilizing the funds described in Exhibit B, attached
hereto and incorporated herein for all purposes and deemed by both
parties to be necessary and suffioient payment for full. and satis-
factory performance of the program, as determined solely by CITY
and in accordance with all other terms, provisions and requirements
of this Contract.
No modifications or alterations may be made in the work State- j
PAGE 3
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sent without the prior written approval of the City's Community
Development Administrator.
i
I VII.
PAYMENTS TO CONTRACTOR
Ao Payments to Contractor. The CITY shall pay to the CON-
TRACTOR a maximum amount of noney totaling $230000 for services
rendered under this Contract. CITY will pay these funds on a rein- i
bursement basis to the CONTRACTOR within twenty days after CITY has
received supporting documentation. Those CONTRACTORS who fail to
request reimbursement on a timely basis, may jeopardize present or
future funding.
Igo Excess Payment. CONTRACTOR shall refund to CITY within
ten (10) working days of CITY"s request, any sun of money which has
been paid by CITY and which CITY at any time thereafter determines:
(1) has resulted in overpayment to CONTRACTOR: or
(2) has not been spent strictly in accordance with the
terms of this Contracts or
(3) is not supported by adequate documentation to fully
justify the expenditure.
as Deobiigaxion of Funds. In the event that actual expendi-
tures deviate from CONTRACTOR"s provision of a corresponding level
of performance, as specified in Exhibit he CITY hereby reserves the
EE right to reappropriate or recapture any such underexpanded funds.
D. Contract Close out. CONTRACTOR shall submit the Contract
< j
close out package to CITY, together with a final expenditure re-
port, for the time period covered by the last invoice requesting
reimbursement of funds under this Contract, within tan (10) working
`i days following the close of the Contract period. CONTRACTOR shall
utilise the form agreed upon by CITY and CONTRACTOR.
Ville
' RARRA`INS
CONTRACTOR represents and warrants thats
l
A. All information, reports and data heretofore or hereafter
requested by CITY and furnished to CITY, are complete and accurate
a as of the date shown on the information, data, or report, and,
since that date, have not undergone any significant change without
written notice to CITY.
I
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s. Any supporting financial statements heretofore requested
by CITY and furnished to CITY, are complete, accurate and fairly
t reflect the finanoial condition of CONTRACTOR on the date shown on
said report, and the results of the operation for the period
covered by the report, and that since said date, there has been no i
material change, adverse or otherwise, in the financial condition
of CONTPJICTOR.
C. No litigation or legal proceedings are presently pending
or threatened against CONTRACTOR related to the program described
in Exhibit A.
D. None of the provisions herein contravenes or is in co•,i-
flict with the authority under which CONTRACTOR is doing business
or with the provisions of any existing indenture or agreement of
CONTRACTOR.
E. CONTRACTOR has the power to enter into this Contract and
accept payments hereunder, and has taken all necessary action to
authority such acceptance under the terms and conditions of this
Contract.
F. Non- of the assets of CONTRACTOR is subject to any lien
or encumbrance of anyrharacter, except for current taxes not
delinquent, except as shown in the financial statements furnished
by CONTRACTOR to CITY.
Each of these represantations and warranties shall be continu-
ing and shall be deemed to have been repeated by the submission of !
t each request for payment.
It z
COY Mm"s
During the period of time that payment may be made hereunder
and so long as any payments remain unliquidated, CONTRACTOR shall
not, without the prior written consent of CITY0a Executive Director
of Planning and Development or his authorized representativei
(1) Mortgage, pledge, or otherwise encumber or suffer to
be encumbered, any of the assets of CONTRACTOR now owned or
hereafter acquired by it, or permit any pre-existing mort-
gages, liens, or othor encumbrances to remain on, or attached
to, any assets of CONTRACTOR which are allocated to the per-
formance of this Contract and with respect to which CITY has
ownership hereunder.
(2) Sell, assign, pledge, transfer or otherwise dispose
of accounts receivables, notes or claims for money duo or to
become due.
PACE 5
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~ ~gendsNo 9t/, 03
Agondalt s
Date 9'
M 4 (3) sell, convey, or lease all or substantial part of
its assate.
f, (4) Make any advance or loan to, or incur any liability
! for any other firaF person, entity or corporation as quaran-
tor, surety, or accommodation endorser.
(5) Sell, donate, loan or transfer any equipment or item
of personal property purchased with funds paid to CONTRACTOR
by CITY, unless CITY authorizes such transfer.
CONTRACTOR agrees, upon written request by CITY, to require
its employees to attend training sessions sponsored by the Com-
xvnity Developuent office.
ALLOAAOLN COSTS
"A. Costs shall be considered allowable only if incurred
' directly specifically in the performance of and in compliance with
this Contract and in conformance with the standards and provisions
set forth in Exhibits L and B.
o B. Approval of CONTRACTOR's btblget, Exhibit B. does not
constitute prior written approval of th,%expenditure of funds, even
though certain items way appear herein. CITY's prior written
authorisation. is required in order for the following to be con-
fiderod allowable costsi
(1) Encumbrance or expenditure during any one month {
period which exceeds one-fifth (1/5) of any budgeted line
items for costs as specified in Exhibit B.
z (2) CIT'f shall not be obligated to any third parties
T' including any subcontractors of CONTRACTOR, and CITY funds
shall not be used to pay for any contract service extending
beyond the expiration of this Contract.
(3) Out, of town travel. f
(4) Any alterations or relocation of the facilities on
and in which the activities specified in Exhibit A are con-
ducted.
(5) An alterations, deletions or auditions to the
Personnel Schedule incorporated in Exhibit B.
"r (6) Costs or furs for temporary employees or services.
(i) Any fees or payments for consultant services.
(a) Fees for attending out of town meetings, seminars or
conferences.
PAGE 6
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Date N
Written recruests for prior approval are CONTRACTOR0s responsi- JM~1 en-
` bility and shall be made within sufficient time to permit a "_D
thoough review by CITY. Contractor must obtain written approval
i by CITY prior to the commencement of procedures to solicit or -
purchase services, equipment, or real or personal property. Any
procurement or purchase which may be approved under the terms of
this Contract must be conducted in its entirety in accordance with
the provisions of this Contract.
ZI.
MAIMTEMANC8 oa RECORDS
A. CONTRACTOR agrees to maintain records that will provide
7+# accurate, current, separate, and complete disclosure of the status
f of the funds receiv"ad under this Contract, in compliance with the
I provisions of Exhibit 8, attached hereto, and with any other ap-
plicable Federal and State regulations establishing standards for I
financial management. CONTRACTOR's record syiatem shall contain
sufficient documentation to provide in detail full support and
justification for each expenditure. Nothing in this Section shall
be construed to relieve CONTRACTOR of fiscal accountability and
r liability under any other provision of this Contract or any ap-
plicable law. CONTRACTOR shall include the substance of this
provision in all subcontracts. J
B. CONTRACTOR agrees to retain all beaks, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation of programs and expenditures of funds
under this Contract for the period of time and under the conditions
specified by CITY.
6hF ~'r zit C. Nothing in the above subsections shall be construed to
i relieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
{ services provided under this Contract.
D. At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available to CITY, or any of
its authorized representatives, all of its records and shall permit
CITY, or any of its authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of
all contracts, invoices, materials, payrolls, records of personnel, j
conditions or eaployrent and all other data requested by said E
representatives.
lII. ~
REPORTS AND IMPORNATION
At such times and in such form as CITY may require, CON-
TRACTOR shall furnish such statements, recoils, data e.nd informa-
tion as CITY may roquest and deem pertinent to matters covered by
this Contract.
{
a
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AgpdaNo 9'4-Cgs?' I
Date
CONTRACTOR shall submit quarterly beneficiary an cial j+ °a22
reports to CITY no less than once each three months, with the first
reports due on or before March 1, 1995. The beneficiary report
shall detail client information, including race, income, female
head of household and other statistics required by CITY. 'Its
^r financial report shall include information and data relative to all
programm-&tic and financial reporting as of the beginning date 4
specified in Section I of this Contract.
1`6rf4"'~ Unless a written exemption has been granted by the CITY,
CONTRACTOR shall submit an audit conducted by independent examiners
within tan (10) days after receipt of such.
X1110
~ ti r + MONITORING AND ZVALUA710M
1+
y'" x•, A. CITY shall perform on-site monitoring of CONTFLICTOR's
~ ~ , ^ ' performance under this Contract.
ti'p' , • ~ ~ ,
C, ~r t B. CONTRACTOR agrees that CITY may carry out wur,itoring and
evaluation activities to ensure adherence by CONTRACTOk to the Work
Statement, and Program Goals and Objectives, which are attached
hereto as Exhibit A, as well as other provisions of this contract.
C. CONTRACTOR agrees to cooperate fully with CITY in the
development, implementation and maintenance of record-keeling
I systems and to provide data determined by CITY to be necessary for
CITY to effectively fulfill. its monitoring and evaluation rosponsi- f
qc ~ i
bilities.
D. CONTRACTOR agrees to cooperate in such a way so as not to
obstruct or delay CITY in such monitoring and to designate one of
:its staff to coordinate the monitoring process as requasted by CITY
s. After each official monitoring visit, CITY shall provide
CONTRAC'T'OR with a written report of monitoring findings.
\ F. CONTRACTOR shall submit copies of any fincal, management,
or audit reports by any of CONTRACTI funding or regulatory
bodies to CITY within five (5) working days of receipt by CONTRAC-
MR.
i DIRSCTORSO X33TINGS
y II?~`• During the term of this Contract, CONTRACTOR shall cause to be
ti 1 'rr,, delivered to CITY copies of all notices of meetings of its Board of
Directors, setting forth the time and place thereof. Such notice
shall be delivered to CITY in a timely manner to give adequate
notice, and shall include an agenda and a brief description of the
matters to be discussed. CONTRACTOR understands and agrees that {
+.'y ~`~'=k"F CITY representatives shall be afforded access to all of the Board {
of Directors' meetings.
a+~k%t PACE 8
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ABendaNo clw-
i Apdafte
Date I 1-15
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Kinutes of all meetings of CONTRACTOR's governing body shalllz~A z
be available to CITY within ten (10) working days of approval.
I'NBURAMCE
iS A. CONTRACTOR shall observe sound business practices with i
! respect to providing such bonding and insurance as would provide f
adequate coverage for services offered under this contract. I;
B. CONTRACTOR shall obtain, for the premises on and in which f
! the activities described in Exhibit A are conducted, and for the
E employees conducting these activities, premiss liability insurance,
i commonly referred to as "Owner/Tenant" coverage, with CITY named as (
v an additional insured. Upon request of CONTRACTOR, CITY may, at
its sole discretion, approva alternate insurance coverage arrange-
C, CONTRACTOR will comply with applicable workers' coupons&
tion statutos and will obtain erployare' liability coverage kheie
available and othor appropriate liability coverage for program
participants, if applicable.
w' D. CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles osmed, leased or operated by
CONTRACTOR, All employaes of CONTRACT W who are required to drive
f a vehicle in the normal scope and course of their employment must
possess A valid Texas driver's license and automobile liability
insurance. Evidence of the employee's current possension of a
valid license and insurance must be maintained on a current basis
in CONTRACTOR's files.
0. Act,:al losses not covered by insurance as required by
this Section are not allowable costs under this Contract, and
' remain the sole responsibility of CONTRACTOR.
EQUAL OPPORTUNITY
A. CONTRACTOR shall submit for CITY's approval a written
i plan for compliance with the Equal Employment and Affirmative
Action Federal provisions, within thirty (30) days of the effective
date of this Contract.
B. CONTRACTOR shall comply with all applicable equal employ- }
meet opportunity and affirmative action laws or regulations.
C. CONTRACTOR will furnish all information and reports re-
quested by the CITY, and will permit access to its books, records,
and accounts for purposes of investigation to ascertain compliance
% with local, state and Federal rules and regulations.
PAGE 9
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D. In the event of CONTRACTOR's non-compliance with the~~ 2Z
non-discrimination requirements, City may cancel or terminate the
Contract in whole or in part, and CONTRACTOR may be barred from
further contracts with CITY.
le IVII •
VERSO ML POLICIES
i
CONTRACTOR shall establish and maintain personnel policies
which shall be available for examination. Such personnel policies
shalls f
A. Be no more liberal than CITY's personnel policies, pro-
cedures, and practices, including policies with respect to employ-
sent, salary and wage rates, working hours and holidays, fringe
benefits, vacation and sick leave pri.vilegos, and travel; and iii
B. Be in writing and shell be approved by the governing body
of CONTRACTOR and by CITY.
COWFLICT OF INTEREST
4 G i
A. CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Contract. CONTRAC-
TOR rson having such tinterestnshthe all performance oemployedf or h appointed tasna
j comber of its governing body.
B. CONTMCTOR further covenants that no member of its
governing body or its staff, subcontractors or employees shall
possess any interest in or use his position for a purpose that is
5r; f or gives the appearance of being motivated by desire for private
q&Ln for himself, or others, particularly those with which he has
t' family, business, or other ties.
? C. No officer, member, or employee of CITY and no member of
its ggoverning body who exercises any function or responsibilities
in tine review or approval of the undertaking or carrying out of
,
this Contract shall (i) participate in any decision relating to the
A Contract which effects his personal interest or the interest in any
corporation, partnership, or association in which he has direct or
indirect interests or (2) have any interest, direct or indirect, in
this Contract or the proceeds thereof.
1 IIE.
' S ! 1tEPOTISH
1
CONTRACTOR shall not employ in any paid capacity any parson i
ahho is a member of the immediate family of any person who is
's
cwrrently employed by CONTRAC'T'OR, or is a member of CONTRACTOR
governing board. The terse "member of im.:aediate family" inoludess
wife, husband, son, daughter, mother, father, brother, sister,
PAGE 10
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in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
half-brother and half-sister.
aI.
FusDiNa Apl" rcmous E
i
i CONTRACTOR agrees to notify CITY each time CONTRACTOR is
preparing or submitting any application for funding for the program
described in Exhibit 8 in accordance with the following proceduresc
A. when the application is in the planning stages, CON-
TRACTOR shall submit to CITY a description of the funds being
i applied for, and the proposed use of funds.
B. Upon award of or notice of award, whichever is sooner,
CONTRACTOR shall notify CITY of such award and the effect, if any,
of such funding on the funds and program(s) contracted hereunder.
Such notice shall be submitted to CITY, in writing, within ten
(10) working days of receipt of the notice of award or funding
award by CONTRACTOR, together with copies of the budget, program
description, and contract.
C. CONTRACTOR shall not use funds provided hereunder, either
directly or indirectly, as a contribution, or to prepare applica-
tions to obtain an fe
y decal or rivets funds under
any P federal o
private program without the prior written consent of CITY. or
y Xxi.
CRAMS An AUNDMBNTs
f A. Any alterations, additions, or deletions to the terms of
this contract shall be by written amendment executed by both
s parties, except when the terms of this Contract expressly provide
that another method shall be used.
B. CONTRACTOR may not make transfers between or among ap-
proved line-items within budget categories sat forth in Exhibit a
a without prior written approval of CITYs CONTRACTOR shall request,
in writing, the budget revision in a form prescribed by CITY, and
such request for revision shall not increase the total monetary
obligation of CITY under this Contract. In addition, budget
revisions cannot significantly change the nature, intent, or scope
of the program funded under this Contract.
C. CONTRACTOR will submit revised budget and program in-
formation whenever the level of funding for CONTRACTOR or the
program(s) described herein is altered according to the total
levels contained in any portion of Exhibit B.
D. It is understood and agreed by the parties hereto that
changes in the State, Federal or local laws or regulations pursuant
hereto may occur during the term of this Contract. Any such modi-
fioations are to be automatically incorporated into this Contract
without written amendment hereto, and shall become a part of the
Contract on the effective date specified by the law or regulation.
PAGE 11
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s E. CITY may, from time to time during the term o! t e con-
tract, request changes in Exhibit A which may include an increase
or decrease in the amount of CONTRACTOR's compensation. Such
changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract
Budget Detail incorporated in Exhibit B shall require the prior
written-approval of CITY.
0. CONTRACTOR agrees to notify CITY of any proposed change
i in physical location for work performed under this Contract at
least thirty (30) calendar days in advance of the change.
H. CONTRACTOR shall notify CITY of any changes in personnel
or governing board composition.
1. It is expressly understood that neither the
performance
of Exhibit A for any program contracted hereunder nor the transfer
of funds between or among said programs will be permitted.
MIN
80MNSION OF lux DING
Upon determination by CITY of CONTRACTOR's failure to timely
and properly perform each of the requirements, time conditions and
duties provided herein, CITY, without limiting any rights it may
otherwise have, may, at its discretion, and upon ten (10) working i
days written notice to CONTRACTOR withhold further
payments to 11
f' CONTRACTORs such notice may be given by nail to the Executive
Officer atA the board of Directors of CONTRACTOR. The notice shall
sat forth the default or failure alleged, and the action required
for aura.
e>'~+ The period of such suspension shall be of such duration as is
appropriate to accomplish corrective action, but in no event shall
l;k it exceed thirty (30) calendar days. At the end of the suspension
riod, if CITY determines the default or deficiency has boon sat-
isfiad, CONTRACTOR may be restored to full compliance status and
paid all eligible funds withheld or impounded during the suspension
period. I!, however, CITY determines that CONTRACTOR has not coma i
into compliance, the provisions of Section XXIII may be eflootu-
i ated.
XXIII,
TERMINATION
' A. CITY may terminate this Contract with cause for any of
the following reasonst
(1) CONTRACTOROs failure to attain compliance during any
prescribed period of suspension as provided in uection XXII. i
(2) CONTRACTOR 's violation of covenants, agreements or
guarantees of this Contract.
f
PAGE 12
AaendaNo
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(3) Termination or reduction of funding by the United
States Department of Housing and Urban Development.
(4) Finding by CITY that CONTRACTORS
(a) is in such unsatisfactory financial condition
as to endanger performance under this Contract!
(b) has allocated inventory to this contract
substantially exceeding reasonable requirements;
(o) is delinquent in payment of taxes, or of costs
f of performance of this Contract in the ordinary course of
business.
(5) Appointment of a trustee, receiver or liquidator for
all or substantial part of CONTRACTOR's property, or institu-
tion of bankruptcy, reorganization, rearrangement of or
liquidation proceedings by or against CONTRACTOR.
(6) CONTRALTI inability to conform to changes
k required by Federal, State and local laws or regulations as
provided in Section IV, and Section XBI (D), of this Contract. J
(7) The commission of an act of bankruptcy.
(6) CONTRACTOR's violation of any law or regulation to
which CONTRACTOR is bound or shall be bound under the terms of
the Contract.
CITY shall promptly notify CONTRACTOR in writing of the
decision to terminate and the effective date of termination.
x' simultaneous notice of pending termination maybe made to other 1 !
} funding sources specified in Exhibit B.
8. CITY may terminate this Contract for convenience at any.
time. If this Contract is terminated by CITY for convenience,
CONTRACTOR will be paid an amount not to exceed the total of
accrued expenditures as of the effective date of to
rmination. in
no event will this compensation exceed an amount which bears the
same ratio to the total compensation as the services actually
performed bears to the total services of CONTRACTOR covered by the
Contract, less payments previously made.
C. CONTRACTOR may terminate this Contract in whole nr in
part by written notice to CITY, if a termination of outside funding
occurs upon which CONTRACTOR depends for performance hereunder.
CONTRACTOR may opt, within the limitations of this Contract, to
I seek an alternative funding source, with the approval of CITY,
! provided the termination by the outside funding source was not
occasioned by a breach of contract as defined herein or as defined
in a contract between CONTRACTOR and the funding source in
r;
question.
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Agenda No (741 -Cap
AOenda►t TDate CONTRACTOR may terminate this Contract upon the dissolution of
CONTRACTOR's organisation not occasioned b
Contract. Y a b=ench of this
I
J D. Upon receipt of notice to terminate, CO
l cancel, withdraw, or otherwise terminate any outstandi quo ders or
I! subcontracts which relate to th
CITY =hall not be liab e performance of this Contract.
le to CONTRACTOR or CONTRACTOR's creditors
for any expenses, encumbrances or obligations whatsoever incurred i'
after the termination date.
R. Notwithstanding any exercise by CITY of its right of I
suspension or termination, CTONTRACTOR shall not be relieved of
liability to CITY for damages sustained by CITY by virtue of any
breach of the contract b CONTRACTOR, reimbursement to CONTRACTOR untime as the exact amountaoff
dams es due to CITY from CO
determined. NTRACTOR is agreed upon or otherwise
IEIv.
h NOTIrI ATION OT AC"1'YON SAOQ=T
In the event that any olaim, demand, suit or other action is J
xade'or brought by any person(a), firm co
' againet CONTRACTOR, CONTRACTOR shall give written noticett',elpreofito
r CITY within two (2) working days after being notified of such 'I
olai, demand, suit or other action. Such notice shall state the
date and hour of notification of any such claim, demand, suit or
other actioni the names and addresses of the '
corporation or other entity making such a Person(s), firm
threatened to aim. or Mat
t institute an e instituted :c
. any t of ac on basis of such claim, action or proceedings a or she na din of the ► any
person(s) a44ainst whom such, claim is being made o threatened. Such ~
f
written notice shall !w delivered either
personally
0
or by mail. 1
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XXV, 1gool a 2
INDEMNIFICATION
hereto ~that tCIT10 Y is contracting With dCONand aed both TRA MR as an independent
contractor and that as such, CONTRACTOR shall save and hold CITY,
its officers, agents and employees harmless from all liability of
any mature or kind, including costs and expenses for, or on account
of, any claims, audit exceptions, demands, suits or damages of any
character whatsoever resulting in whole or in part from the per-
formance or omission of any employee, agent or representative of
f CONTRACTOR,
as CONTRACTOR agrees to pr,,)vAde the defense for, and to
indemnify and hold harmless CITY itr agents, employees, or con-
tractors from any and all claims, suits, causes of aotion, demands,
damages, losses, attorneys fees, expenses, and liability arising
j out of the use of these contracted funds and program administration
I and implementation except to the extent caused by the willful act
fir' l or caission of CITY, its agents, eaployees, or contractors.
X VI.
CONFLICT OF INTZRBBT i
A. CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Contract. CONTRAC-
TOR further covenants that in the performance of this Contract, no
percon having such interest shall be employed or appointed as a
member of its governing body.
B. CONTRACTOR further covenants that no member of its
a tls
governing body or it staff, subcontractors or employees ahall
possess any interest in or use his position for a purpose that is
*~`F or give[, the appearance of being motivated by desire for private
Sri gain fox himself, or others, particularly those with which he has a
family, business, or other ties. f
C. No officer, member, or employee of CITY and no member of
r its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Contract shall (1) participate in any decision relating to the
Contract which affects his personal interest or the interest in any
corporation, partnership, or aaw '.ation in which he has direct or
indirect interests or (Z) have any interest, direct or indirect, in
this Contract or the proceeds thereof.
XIVIY.
MIBCELLANEOdB
A. CONTRACTOR shall not transfer, pledge or otherwise assign
this Contract or any interest therein, or any claim arising there-
under, to any party or parties, bank, trust company or other finan-
alal institution without the prior written approval of CITY.
PAGE 15
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B. if any provision of this Contract is held to be invalid,
illegal, or full force and effect land hcontinuei topconform n toh the remain
intent: of both parties hereto.
C. In no event shall any payment to CONTRACTOR hereunder, or
any other act or failure of CITY to insist in any one or more
instances upon the terms and conditions of this Contract constitute b
or be construed in any way to be a waiver by CITY of any breach of
covenant or default which may then or subsequently be committed by
CONTRACTOR. Neither shall such payment, act, or omission in any
manner impair or prejudice any right, power, privileg,: or remedy
available to CITY to enforce its rights hereunder, which rights,
powers, privileges, or remedies are always specifically preserved.
` No representative or agent of CITY may waive the effect of this
provision. ~
D, This Contract, together with referenced exhibits and
attach*ents, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement, understand-
4 inn or other commitment antecedent to this contract, whether
j written or oral, shall have no force or effect whatsoeverl nor
shall any agreement, assertion, statement, understanding, or other
commitment occurring during the term of this Contract, or subse-
quent thereto, have any legal force or effect whatsoever, unless
properly executed in writing, and if appropriate, recorded as an
1 amendment of this Contract.
86 In the event any disagreement or dispute should arise
between the parties hereto pertaining to the interpretation or
meaning of any part of this contract or its governing rules, codes,
laws, ordinances or regulations, CITY as the party ultimately
responsible to HUD for matters of compliance, will have the final
authority to render or to secure an interpretation.
F. For purposes of this Contract, all official communica-
tions and notices among the parties shall be deemed made as of the
date mailed if sent postage paid to the parties and address set for
belowt
TO CITYt CONTRACT48t
city Manager Barbara Atkins
City of Denton HOPS, Inc.
215 8. McKinney St. 1213 N. Elm
Denton, Texas 76201 Denton, Texas 76201
IN WITNESS OF WHICH this Contract 194 has been executed on this
the day of -
CITY OF DENTON
BYt_ E
LILOYD V. HAARELL, CITY MAtiAGBR i
4
PAGE 16
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ATTESTS
JENNIFER RALTERS, CITY SECRETARY
BY;
r APPROVED AS TO LEGAL FORMt
sj DEBRA-A. DRAYOVITCH, CITY ATTORNEY
EY1''
r ROPE, INC. , 3 7~ r 1 ~ 1 i 1 t t , 1
BY]
BARBARA ATKINS
STS
TlCWrAHY
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EXHIBIT A
WORK STATEMENT i
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HOPI, INC. I
1
TRANSITION HOUSING PROGRAM
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f
e tf ° E , 'Fite purpt>Ae of the project is to at~sist fandlies who are lwrneksg, of potentially homekss toward
eataWiahln artid rtulntaW self~trffkkttcy. Tha'fundu►g!uRues<ed would provide teat and utility
g
Fo'f, I umlted outer fin andal a*d, as dete by the mods of the truuitioftl housing
+ tr z, ` k' f S program wadd maintain uP to funnies it a ti~ta, and lent and `
es A ,
transidorol ho
s? a ut,Uty asslstutce would be for a period of 12 to 21 monlhA
;s: fu i
HOPE. Irse wSll sadst the transitional toxins faudlies with assessment of educadodal or vorationa!
defile and (raGrinY, with bWget WIN, with job search sSdIK and -kith eoumling or other social
a~ strvkea ` HOPE wlU also monitor on a weekly basis raords of +arpensea lncttrred, tooelpts;' and proof f
otf family incana '
It Is sntklpaled that diem families who are in the transitkmal housing program will be able, after the
ogre K two year asdstanoe period, to Improve their dtnatlon enough to be able to afford docent. safe,
&W sanltmry housing without the tied for natal assist:nce l.nd contirudng emergency aide from
T! w
, ~ • - ~ . ~ Denton agar~ctes + a 4 r
t f Ira 30-90 DAY CLIENT ASSISS'ANCI3 PROGRAM
l'ovlsiaf of rent, utility and food assistance to homeless and potentially homeless families for a period '
not to e, seed 90 days
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EXHIBIT "B"
r~ HOPEr INC.
V pRojECT BUDGET 4 a,
,l t..
UApBiti~on Hadmina proor
.1
$ 4 000 00
Psroorka !
~r 1; ur ,
rl- 1
f i Care ti+knhgesent up to 20 hours per xaek
f 14.1 I~i - f
Client$4rvicae:... ...........................14,COO. 00
I ~ .
tt*nt,'OtilitLss,'and other rinanoiai Aid
attht TOTAL 418,OO,00 F
tLr9 I r1
1~02DX~~iantbgsigtanee proaras
SAV f fi . 'f k ' , r ' jy,,
Bpc t of Client rasailiess 30-40 DQ~Wo .....'.sa.:......$ 5 ,000.06Wit, Utilitiss, Food
~r up
J, k'l
TOTAL, $ 50000.00
n r, 1'41 6,. ~ ~
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I r,, rOt mayor and members of the city council
nOmt Lloyd V. Sorrell, City manager
w !a
AVSJ~ Approval of an ordinance for expenditure of CDBO
vtogrs■ runds for Susan Aervioes.
z Fr + d ' : gltQnmmllWDAtY~ s ~ ~
Approve an ordinance authorising the mayor to sign a
the City of Denton and Worth Tenas
contract between
community Clinics.
s s~ I
two= y 1
Contract states that approved expendituref for the above
y~r'a~ f lister! program rill be reimbursed for the period of
yK October 1, 1904 through September 300 logs.
On June T. 1984, City council approved the 1994 Final
~
statement of Objectives and proieoted vMe of ranee for
~ the Comunity Development Slook Grant ProgrsA. The yinal
statement specified the use of 435,000 by the Vortb Takeo
community clinics to provide prenatal care to indigent
' won" y
DQAR ram DEpf►1t 'A OR OAOOPA ArrIalpt
Y staff will administer each
the community Development
~
A ~ contract and compliance by subreoipieat with all
pertinent lede:al regulations,
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Dais
1111 expenditures under the contract and all City st !f
activities will be paid from grant [gads.
Respeo u1ly submitted i
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k{ Ll y4 v~ llaarrsii
4 " y City Kamgor
'>troWed byi
< yl = er I!
1 < f r
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a'z' 4 ►~wt /isVioso rdinator
ti ~Ftk~y y~ ,r, ` t .llp~yrcved~ y`
I Robbins, AiCP r y
planning i Davelop+ent
titsoutivi Director for
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Agenda!:
I , ~ Date ` 5 'q'
309
ORDINANCE NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
THE NORTH TEXAS COMMUNITY CLINICS, INC.; AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFOREI
AND PROVIDING FOR AN EFFECTIVE DATE.
WHBR M, the City council has determined that it is in the best
71
interest of the citizens of the City to provide public funds to the
' North Texas Community Clinics, Inc., in consideration of the valu-
e
~ ••'able public services to W furnished Ly said organization to th
City of Denton in accordance with the "Agreement' attached herstoi
C Py NOW, THEREFORE,
r'{ THE COUNCIL.OF THE CITY OF DENTON HEREBY ORDAINSs 4
gleTION I. That the City Council hereby approves the
"Agree- leant" attached hexato between the City of Denton and the North
Texas community Clinics, Inc., and authorizes the Mayor to execute
said agreemont.
N ..I IaW U. That the City Council authorizes the expenditure
of funds' in the amount of Thirty-five Thousand Dollars ;
($35,000.00).
S,~;,'g,ION iii. Tt+at this ordinance shall become effective imme- i
diately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
R •t~ J BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER UALTERS, CITY SECRETARY
y 1
X15
BY:
IR ' x.;l
APPROVED AS TO LEGAL FORMS
DEBRA A. DPAYOVITCH, CITY ATTORNEY
I Q /
14 BY4
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Ag0n daNo
endal r C_'
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Date.
I
AGREEMENT BETWEEN THE CITY OF DENTON
AND NORTH TEXAS COMMITY CLINICS, INCORPORATED
This Agreement is made and entered into by and between the city
of Denton, a Texas municipal corporation, acting by and through its
y , pursuant to ordinance, hereinafter referred to as CITY, and
North Texas Community Clinics, Incorporated, 121 Pinar Street, P.O.
,r,tF TY ± Box 27800 Denton, Texas 76202, a Texas non
-profit corporation,
hereinafter referred to as CONTRACTOR.
WHBREAB, CITY has received certain furum from the U. S.
Department of Housing and Urban development under Title I of the
Housing and Community Development Act of 1974, an amended] and
WHEREAS, CITY has adopted a budget for such funds and included
therein an authorized budget for expenditure of funds for the
Denton County Prenatal Clinic; and
WHZREASr CITY has designated the Community Development Office
as the division responsible for the administration of this Agree-
sent and all matters pertaining thoreto; and
i ~
1 WHEREAS CITY wishes to engage CONTRACTOR to carry out such
} project;
y. ` NOW, THEREFORE, the parties hereto agree, and by the execution
K hereof are bound to the mutual obligations and to the performance
and accomplishment of the conditions hereinafter described.
TERN '
This Agreement shall commence on or as of October 1, 1994, and
heallnterminate on September 30, 1995, unless extended as provided
' ►.,r;` RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the perfor-
manse of all services and activities described in the Work State-
lent attached hereto as Exhibit A, in a satisfactory and efficient
manner as determined by CITY, in accordance with the terms herein.
CITY will consider CONTRACTORtS executive officer to be CONTRAC j
' TOR's representative ;esponsible for the management of all contrac-
tual matters pertaining hereto, unless written notification to the
s + contrary is received from CONTRACTOR, and approved by CITY.
4r"q 's The CITVS Community Development Administrator will be CITY,'s
representative responsible for the administration of this Agree-
ment.
rs
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11 1 Ag daNo,
Agandalt
I Data
~
So? ?~S
III.
CITY06 OBLIGATION
A. Limit of Liability. CITY will reimburse CONTRACTOR for
expenses incurred pursuant hereto in accordance with the project
budget included as a part of Exhibit B. Notwithstanding and other
provision of the Agreement, the total of all payments
obligations made or incurred by CITY hereunder shall not exceed the
sum of $35,000.00. I
B. measure of Liability. In consideration of lull and sans- i
factory services and activities hereunder by CONTRACTOR, CITY shall
make payments to CONTRACTOR based on the Budget attached hereto and E
' incorporated iaersin for all purposes as Exhibit B, subject to the
limitations and provisions set forth in this section and Section
VII of this Agreement.
(1) The parties expressly understand and agree that CITY,1s
obligations under this section are contingent upon the actual
receipt of adequate Community Development Block Grant (CDBG)
funds to meet CITY's liabilities under this Agreement. if +
adequate funds are not available to make payments under this I
Agreement, CITY shall notify CONTRACTOR in writing within a
reasonable time after such fact has been determined. CITY may,
at its option, either reduce the amount of its liability, as
specifie3 in Subsection A of this section or terminate the
Agreement. If CDBG funds eligible for use for purposes of this
Agreement are reduced, CITY shall not be liable for further
payments due to CONTRACTOR under this Agreement.
(T) it is expressly understood that this Agreement in no
way obli atop the General Fund or any other monies or credits
of the City of Denton.
(3) CITY shall not be liable for any cost or portion
thereof which:
p(a) has
orereimbursement, ~ufrom any other sou ceto
after a the n ending d to specified in Sec ion it' or
i
(0) is not in strict accordance with the terms of
this Agreement, including all exhibits attached
herstot
(d) has not been billed to CITY within thirty
(30) calendar days following billing to CONTRAC-
TOR, or termination of the Agreement, whichever
date is sariiert or I
E
I
11
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(a) is not an allowable cost as defined by Sec-
tion XI of this Agreement or the project budget.
(4) CITY shall not be liable for any cast or portion there-
of which is incurred with respect to any activity of CONTRACTOR
requiring prior written authorization from CITY, or after CITY
has requested that CONTRACTOR furnish data concerning such 1
action prior to proceeding further, unless and until CITY
advises CONTRACTOR to proceed.
(5) CITY shall not be obligated or liable under this Agree-
ment to any party other than CONTRACTOR for payment of any
ironies or provision of any goods or services.
IV*
OOXPLIAXCX WITH YEDE&AL, BTATE and LOCAL L%W8
A. CONTRACTOR understands that funds provided to it pursuant
to this Agreement are funds which have been made available to CITY
by the Yederal Government (U.S. Department of Housing and Urban
Development) under the Mousing and Community Development Act of
19741 as amended, in accordance with an approved Grant Application
and specific assurances. Accordingly, CONTRACTOR assures and
certifies that it will comply with the requirements of the Housing
and Community Development Act of 1974 (P.L. 93-383) as amended +&nd
with regulations promulgated thereunder, and codified at 24 CFR.
The foregoing is in no way meant to constitute a couplets compila-
tion of all duties imposed upon CONTRACTOR by law or adninistrative
ruling, or to narrow the standards which CONTRACTOR must follow.
S
CONTRACTOR further assures and certifies that if the regula-
tions and issuances promulgated pursuant to the Act are amended or ~
revised, it shall comply with them, or notify CITY, as provided in i
s Section XXIV of this Agreement,
ti. CONTRACTOR agrees to abide by the conditions of and comply with
the requirements of the Office of Management and Budget Circulars
Nos. A-110 and A-122.
B. CONTRACTOR shall comply with all applicable federal lawn,
laws of the State of Texas and ordinances of the City of Denton.
V.
REPREBENTATIONB
j A. CONTRACTOR assures and guarantees that it possesses the
legal authority, pursuant to any proper, appropriate and official
motion, resolution or action passed or taken, to enter into this
Agreement.
i
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70~ ~
D. The parson or persons signing and executing this Agreement
on behalf of CONTRACTOR, do hereby warrant and guarantee that he,
she, or they have been fully authorized by CONTRACTOR to execute
this lgreeme.it on behalf of CONTRACTOR and to validly and legally
bind CONTRACTOR to all terms, performances and provisions herein
set forth.
C. OITY shall have the right, at its option, to either
temporarU.y suspend or permanently terminate this Agreement if li
there is a dispute as to the legal authority of either CONTRACTOR
or the person signing the Agreement to enter into this Agreement.
CONTRACTOR is liable to CITY for any money it has received from
CITY for performance of the provisions of this Agreement if CITY
has suspended or terminated this Agreement for the reasons
enumerated in this section.
D. CONTRACTOR agrees that the funds and resources provided ' I
CONTRACTOR under the terms of this Agrcement will in no way be
substituted for funds and resources from other sources, nor in any 1
way serve to reduce the resources, services, or other benefits
which would have been available to, or provided through, CONTRACTOR
had this Agreement not been executed.
via
PERYORXANC! BY CONTRACTOR
i
CONTRACTOR will provide, oversee, administer, and carry out all
of the activities and services not out in the WORK STATEMENT,
attached hereto and incorporated herein for all purposes as
Exhibit A, utilizing the funds described in Exhibit B, attached
II hereto and incorporated herein for all purposes and deemed by both
I parties to be necessary and sufficient payment for full and satir
factory performance of the program, as determined volely by CITY
and in accordance with all other terms, provisions and regrairements
of this Agreement.
No modifications or alterations may be made in the Work State-
sent without the prior written approval of the City's Community
Development Administrator.
VII.
PAYY.ENTS TO CONTRACTOR j
As Payments to Contraotor. The CITY shall pay to the
CONTRACTOR a maximum amount of money totaling $35,000 for services
rendered under this Agreement, CITY will pay these funds on a
reimbursement basis to the CONTRACTOR within twenty days after CITY
has received supporting documentation. CONTRACTOR's failure to
request reimbursement on a timely basis may jeopardize present or
future funding.
I
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btF / D . p,S`
Funds are to be used for the sole purpose of paying the salary
and benefits for a nurse-midwife as shown in the Budget, Exhibit S.
84 sxcasr payment, CONTRACTOR shall refund to CITY within ten
(lo) workirq days of CITY's request, any sum of money which has 4
been paid by CITY and which CITY at any time thereafter determines:
(1) has resulted in overpayment to CONTRACTOR; or
(2) has not been spent strictly in accordance with the
terms of this Agreements or
(3) is not supported by adequate documentation to fully
justify the expenditure.
1 Co Disallowed Costs. Upon termination of the Agreement,
1 should any expense or charge for which payment has been made be
subsequently disallowed or disapproved as a result of any auditing
or monitoring by CITY, the Department of Housing and Urban Develop-
ment, or any other Federal agency, CONTRACTOR will refund such
written notice to
CITY within ton
specifies the amount disallowed.
i
;
Refunds of disallowed costs may not be made from these or any
j other funds received from or through CITY.
I D. Daobiigation of Funds. In the event that actual expendi-
ture rates deviate from CONTRACTOR*& provision of a corresponding
level of performance, as specified in Exhibit A; CITY hereby
reserves the right to reappropriate or recapture any such under-
expanded funds.
E. Contract close out. CONTRACTOR shall submit the Agreement
close out package to CITY, together with a final expenditure
reppoort, for the time period covered by the last invoice requesting
reimbursement of furda under this Agreement, within fifteen (15)
working days following the close of the Agreement period. CONTRAC-
TOR shall utilize the form agreed upon by CITY and CONTRACTOR.
At the termination of the Agreement, all unclaimed (30 days or
older) &alarios or wages must be returned to CITY in the following
formats
y
(1) A cashier's check for the net aggregate amount payable i
to the City of Dentont
(2) a, listing showing the Social Security number, full ,
{ name, last known complete address and the amount owed to each
person involved.
Page 5
R'OR~
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{ '~eo~iaNn~ ~ 8i
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Agen„a►;en S Se
~ 41-
viii. Date
RAR.RAMBS 9 °dZS
CONTRACTOR represents and warrants that:
A. All information, reports and data heretofore or hereafter
requested by CITY and furnished to CITY, are complete and accurate f
as of the date shown on the information, data, or report, and, l
since that date, have not undergone any significant change without
written notice to CITY.
B. Any supporting finanoial statements heretofore requested by '
CITY and furnished to CITY, are complete, accurate and fairly
1 reflect the financial condition of CONTRACTOR on the date shown on 1
said report, and the results of the operation for the period
covered by the report, and that since said date, there has been no
material change, adverse or otherwise, in the financial condition
of CONTRACTOR.
C. No litigation or legal proceedings are presently pending or
threatened against CONTRACTOR.
j
~ l
D. Nona of the provisions herein contravenes or is in conflict
with the authority under which CONTRACTOR is doing business or with
thhee,provisions of any existing indenture or agreement of CONTRAC
I
B. CONTRACTOR has the power to enter into this Agreement and
accept payments hereunder, and has taken all necessary action to
authorize such acceptance under the terms and conditions of this
Jgreement
P. None of the aseats of CONTRACTOR is subject to any lien or
encumbrance of any character, except for currant taxes not
delinquant, except as shown in the financial statements furnished
by CONTRACTOR to City.
Each of these representations and warranties shall be continu-
ing and shall be deemed to have been repeated by the submission of
each request for payment. l
IL
COVENANTS
A. During the period of time that payment may be made hers-
under and so long as any payments remain unliquidated, CONTRACTOR
shall not, without the prior written consent of the Executive
Director of Planning and Development or his authorized representa-
tive:
i
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Ap(mda No.
Apida e5._P_
(1) Mortgage, pledge, or otherwise encumber or suffer to be
encumbered, any of the assets of CONTRACTOR now owned or here-
after acquired by it, or permit anp pre-existing mortgages,
liens, or other encumbrances to remain on, or attached to, any
assets of CONTRACTOR which are allocated to the performance of
this Agreement and with respect to which CITY has ownership
hereunder. 1
(2) Sell, assign, pledge, transfer or otherwise dispose of !
accounts receivables, notes or claims for money due or to
become due.
(3) Sell, convey, or lease all or substantial part of its j
assets. k
~ (f) !Sake any advance or loan to, or incur any liability for
any other firs, person, entity or corporation as guarantor,
surety, or accommodation endorser.
(5) Sell, donate, loan or transfer any equipment or item of
t personal property purchased with funds paid to CONTRACTOR by
CITY, unless CITY authorizes such transfer.
B. Should CONTRACTOR use funds received under this Agreement
to acquire or improve real property under cONTRACTORIs.control,
COMtRACTOR agrees and covenants
(1) That the property shall be used to meet ore of the
" national objectives stated in Sao CFR 570 until August 311
2005,
(2) That should CONTRACTOR transfer er otherwise dispose of
►xaid property on or before August 31, 2005, CONTRACTOR shall
' reimburse CITY in the amount of the fair market value of the
property loss any portion of the value attributable to expendi-
tures of non-CDBQ funds for acquisition of, or improvement to,
f, . the property. j
C. CONTRACTOR agrees, upon stritten request by CITY, to require
its employees to attend training sessions sponsored by the
Community Development Office. 3
x. I
ALLOWABIA 00878
A. Costs shall be considered allowable only it incurred
directly specifically in the performance of and in compliance with
this Agreement and in conformance with the standards and provisions
of Exhibits A and B.
i
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j ApeWaNa. 9VI
Apao~ialiem
fete ' s,
B. Approval of CONTRAM OR's budget, Exhibit B, does not
consti
aappearthereute CITYts prior written authorization isi required may
order for the following to be considered allowable costs%
(1) Encumbrance or expenditure during any one month period
which exceeds one-fifth (1/5) of any budgeted line items for
costs as specified in Exhibit B.
(Z CITY shell not be obligated to any third parties,
including any subcontractors anCONTRACTOR, and service CITY funds
extending
shall not be used to pay any contract j beyond the expiration of this Agreement.
(3) out of town travel.
(t) Any alterations or relocation of the facilities on and y
in which the activities specified in Exhibit A are conducted.
(5) Any alterations, deletions or add!.tions to the Person-
nel schedule incorporated in Exhibit B.
(6) Costs or fees for temporary employees or services.
(7) Any fees or payments for consultant oarvices.
I
(8) Fees for attending out of town meetin3s, seminars or
conferences.
Written requests for prior approval are CONTRACTOR's responsi-
bility and shall be made within sufficient time to permit a
`.R thorough review by CITY. CONTRACTOR must obtain written approval
by CITY prior to the commencement of procedures to solicit or i
purchase services, equipment, or real or personal property. Any
procurement or purchase which may be approved under the terms of
this conducted in its entirety in :accordance with
A 1
eeavisient ons must be of this Agreement.
the pror
2I.
PROORM Iyoot[E
A, For purposes of this Agreement, program income means
earnings of CONTRACTOR realized from activities resulting from this
Agreement or from CONTRACTOR's management of funding provided or
received hereunier. such earnings include, but are not limited to, j
income from interest, usage or rantal or lease fees, income
i produced iron contract-supported services of individuals or
employees or from the use or sale of equipment or facilities of
CONTRACTOR provided as a result of this Agreement, and payments
from clients or third parties for services rendered by CONTRACTOR
under this Agreement.
. j
Pagea
t
i
ICI
Fonda No. 4 ' 03
agandaltem
B• roN'1'RACTOR h
shall maintain records of tee receip$ •anrd
disposition t program
other income in the same manner as required
by CITY fo contract funds, and reported to CITY in tha fornat prescribed
. CITY and.CONTRAC70R agree, based upon
from representatives of the J.S. Department oousingea dcUrban
Development (HUD), that any
by fees collected for services performed
i CONTRACTOR shall be spent only for operating expenses, These
fees or other program income will be deducted from the regular
reimbursement request.
all CONTRACTOR shall include this section in its entirety in
l of its sub-contracts which involve other income-producing
services or activities.
D- It is CONTRACTOR"S responsibility to obtain from CITY a
prior determination as to whether or not income arising directly or
indirectly from this Agreement, or the performance thereof,
constitutes program income. CONTRACTOR is responsible to CITY for
the repayment of any and all amounts determined by CITY to be
program income, unless otherwise approved in writing by CITY.
X11.
KITNTB U1NCa Of RECORDS
As CONTRACTOR agrees to maintain records that will
i p
accurate, current, separate, and complete disclosure of the status
of the funds received under this Agreement, in compliance with the
provisions of Exhibit B, attached hereto and wit applicable Federal and state regulations establishing standardstfor
financial management. CONTRACTOR•s record system shall contain
sufficient documentation to provide in detail full su
l justification for each expenditure. pport and
Noin i this Section
be construed to relieve CONTRACTOR of
tfiscaln ccountabl ityhand
liability under any other provision of this Agreement or any
j applicable law.
provision in CONTRACTOR shall include the substance of this
all subcontracts.
i H. CONTRACTOR agrees to retain all
reports, and written accounting books, records, documents,
to the operation of programs ad expend and procedures pertaining
3 Agreement for the period of time and under the conditions speecified
by CITY,
Co Nothing
relieve in the above subsections shall be construed to'
CONTRACTOR of responsibility for retaining accu
current records which clearly reflect the level and berate and
j services provided under this Agreement.
nefit of
D. At any reasonable time and as often as CITY may necessary, the CONTRACTOR shall make available to CITY, HUD, or any
of their authorised representatives, all of its records and shall
permit CITY, HUD, or any of their authorized representatives to
audit, examine, make excerpts and copies of such records, and to
conduct audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions or employment and all other data
I
?age 9
i
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re
1
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~ ~BfidBS20. y ~
lQBldd'SBm
j requested by said representatives.
r ~y
's
=III. Qi
UPORTS AND IWYORNATION 3~6
! At such times and in such form as CITY may require, CONTRACTOR 4
shall furnish such statements, rocords, data and information as i
CITY may request and deem pertinent to matters covered by this
Agreement.
CONTRACTOR shall submit quarterly beneficiary and financial
reports to CITY no less than once each three months, with the first
reports due on or before December 1, 1994. The beneficiary report
shall detail client information, including race, income, female
head of household and other statistics required by CITY. The
financial report shall include information and data relative to all
programmatic and financial reporting nas of the beginning date
cified i a of this Unless a written exemption has been granted by the CITY,
CONTRACTOR shall submit an audit conducted by independent examiners
with ten (10) days after receipt of such.
EIV.
NOVITORING AND ZMVATIOR
' A. CITY shall perform on-site monitoring of CONTRACTOR'S i
performance under this Agreement.
S, CONTRACTOR egress that CITY may carry out monitoring and
{ evaluation activities to ensure adherence by CONTRACTOR to the work
Statement, and Program Goals and Objectives, which are attached
hereto as Exhibit A, as well as other provisions of this Agreement.
C, CONTRACTOR agross to cooperate fully with CITY in the
4 development, implementation and maintenance of record-keeping
systems and to provide data determined by CITY, to be necessary for
CITY to effectively fulfill its monitoring and evaluation responsi-
bilities,
D. CONTRACTOR agrees to cooperate in schta way as not
one to
obstruct or delay CITY in such monitoring aun requested by CITY 1.
its staff to coordinate the monitoring process as
staff.
S. After CONTRACTOR with a a written official report of moitring findings. provide
F. CONTRACTOR shall submit copies of any fiscal, management,
or audit reports by any of CONTRACTOR's funding or regulatory
bodies to CITY within five (5) working days of receipt by CONTRAC- ;
TOR.
Page 10
r.~
f
A000 0. 914-M
aeenda3te C ;
:v. Oa,e~
DIRECTORS' MEETINGS 1~-s!
Wring the term of this Agreement, CONTRACTOR shall cause to be
delivered to CITY copies of all notices of meetings of its Board of
Directors, setting forth the time and place thereof. Such notice
shall be delivered to CITY in a timely manner to give adequate
notice, and shall include an agenda and a brief description of the I
matters to be discussed. CONTRACTOR understands and agrees that
CITY representatives shall be afforded access to all of the Board
of Directors' meetings. j
Minutes of all meetings of CONTRACTOR's governing body shall be
available to CITY within ten (10) working days of approval.
X11.
INSURANCE
A. CONTRACTOR shall observe sound business practices with 1
respect to providing such bonding and insurance as would provide
adequate coverage for services offered under this Agreement.
B. The premises on and in which the activities described in {
Exhibit A are conducted, and the employees conducting these 1
activities, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with CITY named as !
an additional insured. Upon request of CONTRACTOR, CITY may, at
its sole discretion, approve alternate insurance coverage arrange-
ments.
C. CONTRACTOR will car4:y with applicable workers'
compensa- tion statutes and will obtain employers' liability coverage where
available and other appropriate liability coverage for program
~M partioipants, if applicable.
D. CONTRACTOR will maintain adequate and continuous liability
insurance on all vehicles owned, leased or operated by CONTRACTOR.`
All employees of CONTRACTOR who are required to drive a vehicle in
the normal scope and course of their employment must possess a
valid Texas driver's license and automobile liability insurance.
Evidence of the employee's current possession of a valid license
and insurance must be maintained on a current basis in CONTRACTOR's
files. }
R. Actual loaves not covered by insurance as required by this
Section are not allowable costs under this Agreement, and remain
the sole responsibility of CONTRACTOR.
F
j YI/I I .
EQUAL OPPORTUNITY
A. CONTRACTOR shall submit for CITY's approval, a written plan
for compliance with the Equal Employment and Affirmative Action
Federal provisions, within thirty (30) days of the effective date
of this Agreement. '
}
Page 11 !
A.T.4
r
AgardaNo. 9 "
AgQldz~te #,S''C
Ulf
E ~ ~s
or aree~lationssmploy-
S. tuunity and shall affirmative action all laws applicable
ment opportunity
C. CONTRACTOR will furnish access reports
records,
quested by the CITY, and will ll permit
and accounts for purposes of investigation to ascertain compliance
with local, state and Federal rules and regulations.
i D. in the event of CONTRACTOR's non-compliance with the
non-discrimination requirements, City may cancel or terminate the
t Agreement in whole or in part, and CONTRACTOR may be barred from
further contracts with CITY.
i
ZVIII.
PERBONNZL POLICIES
Personnel policies shall be established by CONTRACTOR and
shall be available for examination. Such personnel policies shall:
j
4 A. Be no more liberal than CITY icier withrsonnel respect policies,
to 1
procedures, and pr an cwage crates, wing king hours and holidays,
empicemen, salary
fringe benefits, vacation and sick leave privileges, and travell
and
8. Be in writing and shall be approved by the governing body
of CONTRACTOR and by CITY.
' ZIZ.
CONFLICT OF INTEREST CTOR covenants that neither it nor any member of its
*tL`. governing NTRAdy presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Agreement.
CONTRACTOR further covenants that in the performance of this €
Agrement, no appaint*6 to a person of having its governing interest body,shail be employed or
B. CONTRACTOR further covenants that no member of its
governing bo'y or its staff, subcontractors or employees shall for e that is
possess any interest in or use his ost t d by desire uefor private
or gives the appearance of being motiva gain for himself, or others, particularly those with which he has
family, business, or other ties.
C. No off icort mexercisesmany function I or responsibilities
its governing ng body body who out of
to the review or approval paof the undertakin or rticipate in any d9 isionr relating to
this Agreement shall, (i) p
the Agreement ment which affects his personal interest or the interest
in any corporation, partnership, or association in which e has
direct or indirect interest; or (2) have any
indirect, in this Agreement or the proceeds thereof.
Page 12
i
4gendaNo. -
49eodalt S'C
CONTRACTOR shall not employ in any paid capacity any person who
is a member of the immediate family of any person who is currently
employed by CONTRACTOR, or is a member of CONTRACTOR'S governing
board. The term "membar of immediate family" includest wife, hus-
band, eon, daughter, mother, father, brother, sister, in-laws,
aunt, uncle, nephew, niece, step-parent, step-child, half-brother
and half-sister.
IlI.
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve
and eo portion of the funds received by CONTRACTOR hereunder shall
be used, either directly or indirectly, for any political activity
(including, but not limited to, an activity to further the election
or defeat of any candidate for public office) or any activity
undertaken to influence the passage, defeat or final content of
legislation.
B. Nona of the performance rendered hereunder shall involve,
and no portion of the funds received by CONTRACTOR hereunder shall
be used for or applied directly or indirectly to the construction,
operation, maintenance or administration, or be utilized so as to
benefit in any manner any sectarian or religious facility or
activity.
.i I
YlII.
PUBLICITY
A, Where such action is appropriate, as determined by and upon
written approval of CITY, CONTRACTOR shall publicize the activities
conducted by CONTRACTOR under this Agreement. In any news release,
sign, brochure, or other advertising modium, disseminating informa-
tion prepared or distributed by or for CONTRACTOR, mention shall be
made of the U.S. Department of Housing and Urban Development's
Community Development Block Grant Program funding through the City
of Denton having made the project possible.
B. All published material and written reports submitted under
this project must be originally developed material unless otherwise
specifically provided in this Agreement. When material not on fi-
nally developed is included in a report, the report shall identify
the source in the body of the report or by footnote. This
provi- sion is applicable when the material is in a verbatim or extensive
paraphrase format.
All published material submitted under this project shall
include the following referenw on the front cover or title pagan
This document is prepared in accordance with the City
of Denton's Community Development Block Grant Progran, with
funding received from the United States Department of
Page 13
G
1
QendaNo. y-CAR
;genua~~e C
B -is - gy
Housing and Urban Development. X77
C. All reports, documents, studies, charts, schedules, or
other appended documentation to any proposal, content of basic
proposal, or contracts and any responses, inquiries, correspondence
and related material submitted by CONTRACTOR shall become the
property of CITY upon receipt.
XZIII.
FUNDING APPLICATIONS r
CONTRACTOR agrees to notify CITY each time CONTRACTOR is
preparing or submitting any application for funding in accordance
with the following procedures:
A. when the application is in the planning stages, CONTRACTOR
shall submit to CITY a description of the funds being applied for,
and the proposed use of funds.
71
B. Upon award of or notice of award, whichever is sooner, f
CONTRACTOR shall notify CITY of such award and the effect, if any,
of such funding on the funds and program(s) contracted hereunder.
Such notice shall be submitted to CITY, in writing, within ton
(10) working days of receipt of the notice of award or funding
award by CONTRACTOR, together with copies of the budget, program
description, and Agreement.
C. CONTRACTOR shall not use funds provided hereunder, either
directly or indirectly, as a contribution, or to prepare applica-
tions to obtain any federal or private funds under any federal or
private program without the prior written consent of CITY.
it 2XIV.
CHANGES AND ANINDYMTS
A. Any alterations, additions, or deletions to the terms of
this Agreement shall be by written amendment execute' by both
„ parties, except when tho terms of this Agreement expre, provide
that another method shall be used.
B. CONTRACTOR may not make transfers between or among approved
aka. 1 line-items within budget categories set forth in Exhibit B without
cr: prior written approval of CITY. CONTRACTOR shall request, in
writing, the budget revision in a form prescribed by CITY, and such
request for revision shall not increase the total monetary oblige-
4`~ tion of CITY under this Agreement. In addition, budget revisions
Yff cannot significantly change the nature, intent, or scope of the
program funded under this Agreement.
C. CONTRACTOR will submit revised budget and program in-
' formation, whenever the level of funding for CONTRACTOR or the
program(s) described herein is altered according to the total
levels contained in any portion of Exhibit B.
1
I
Page 14
j
gam •:f'
09
~ANw ~ II
tendaNo 94 C8 9
1gs~da~b G
r '?ate
D. it is understood and agreed by the parties hereto that
changes in the State, Federal or local laws or regulations pursuant
hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this
e
Agreement without written amendment her to, and skull become a part
of the Agreement on the effective date specified by the law or
regulation.
z
E. CITY may, from time to time during the term of the ;
Agreement, request changes in Exhibit A which may include an i;
increase or decrease in the amount of CONTRACTOR's compensation.
Such changes sha11 be incorporated in a written amendment hereto,
as provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract
Budget Detail incorporated in Exhibit B shall require the prior s
written approval of CITY.
0. CONTRACTOR agrees to notify CITY of any proposed change in
ph sical location for work performed under this Agreement at least
y
thirty (30) calendar days in advance c,f the change.
i
H. CONTRACTOR shall notify CITY of any changes in personnel or
s` governing board composition.
I. It is expressly understood that neither the performance of ~
Exhibit A for any program contracted hereunder nor the transfer of
^w funds between or among said programs will be permitted.
,f
SUSPENSION of FUNDING
Upon determination by CITY of CONTRACTOR$s failure to timely
" I! and properly per;.rrm each of the requirements, time conditions and
duties provided herein, CITY, without limiting any rights it may 1
otherwise have, may, at its discretion, and upo.i tan (10) working
days written notice to CONTRAC'T'OR, withhold further payments to
CONTRACTOR. Such notice may be given by mail to the Executive
'tf,? officer and the Board of Directors of CONTRACTOR. The notice shall
~'+v set forth the default or failure alleged, and the action required
for cure.
t., The period of such suspension shall be of such duration as is
appropriate. to accomplish corrective action, but in no event shall
it exceed thirty (30) calendar days. At the end of the suspension
h period, if CITY determines the default or deficiency has been
v. satie[ied, CONTRACTOR maybe restored to full compliance status and
paid all eligible funds withheld or impounded during the suspension
f> period. If., however, CITY determines that CONTRACTOR has not come
into compliance, the provisions of SECTION XXVI may be effectuated.
f t,
r
Page 15
'JWA r
1
ifti ~P.$
f R e(■■■
ceIdaN0
~~~:^daltei I~j
azvl. j9' A5
R8Rl~INATI011
A. CITY may terminate this Agreement with cause for any of the
following reasons:
j (I) CONTRACTOR"s failure to attain compliance during any
f prescribed period of suspension as provided in section XXV.
(Z) CONTRACTOR's violation of covenant3, agreements or
guarantees of this Agreement.
(3) Termination or reduction of funding by the United
States Department of Housing and Urban Development.
(4) Finding by CITY that CONTRACTOR:
(a) is in such unsatisfactory financial condition as to j
endanger performance under this Agreement;
(b) has allocated inventory to this Agreement substan-
tially exceeding reaoonable requirements;
;
(c) is delinquent in payment of taxes, or of costs of
perfoneance of this Agreement in the ordinary course of
business.
(5) Appointment of a trustee, receiver o or li oid too for
all or substantial part
reoianiaat on►s rearrangement of or
r r, tion of bankruptcy, l
liquidation proceedings by or against CONTRACTOR.
(6) CONTRACTOR's inability to conform to changes required
by Federal, State and local laws or regulations as praAded in
i Section IV, and Section XXIV (D), of this Agreement.
(7) The commission of apt art of bankruptcy. iy
(S) CONTRACTOR's violation of any law or regulation to
which CONTRACTOR is bound or shall be bound under the terns of
the Agreement,
CITY shall promptly notify CONTRACTOR in writing of tl:e
~ term decision to terminate and the t recd iundate fma a i ation.
maybe to othar
Simultaneous
funding sources notice specified einiExhibit B.
funding
!or convenience at any
8. CITY may tarsir.aie this Agreement
time. If this Agreemar.`. is terminated by ^.LTY for convenience, aid CONTRACTOR wndill be itures pas of amnunt not to exceed Lhe
total accrued exile
effective date of t vaination. In
no event will this compensation exceed an amo,:nt which bears the
samo ratio to the total compensation as the services actually
previously made. CONTRACTOR covered by the
performed bears to the
Agreement, less payments
Page 16
MONO]
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■
agan,;afta C
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2G as
K
j C. CONTRACTOR may terminate this Agreement in whole or in part
by written notice to CITY, it a termination of outside funding
occurs upon which CONTRACTOR depends for performance hereunder.
CONTRACTOR may opt, within the limitations of this Agreement, to
seek an alternative funding source, with the approval of CITY,
provided the termination by the outside funding source was not
{ occasioned by a breach of contract as defined herein or as defined
i in a contract between CONTRACTOR and the funding source in
question.
CONTRACTOR may terminate this Agreement upon the dissolution of
CONTRACTOR"s organization not occasioned by a breach of this
Agreement.
D. Upon receipt of notice to terminate, CONTRACTOR shall
cancel, withdraw, or otherwise terminate any outstanding orders or
subcontrcots which relate to the performance of this Agreement.
CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors
for any expenses, encumbrances or obligations whatsoever incurred
utter the termination date.
E. Notwithstanding any exercise by CITY of its right of
suspension or termination, CONTRACTOR shall not be relieved of
liability, to CITY for damages sustained by CITY by virtue of any
broach of the Agreement by CONT]'eCTOR, and CITY may withhold any
reimbursement to CO.`i'PRACTOR until such time as the exact amount of
c' damages due to CITY from CONTRACTOR is agreed upon or otherwise
determined.
XXVII.
NOTIFICATION OY ACTION BROUa$T
In the event that any claim, demand, suit or other action is
tt made or brought by any person (a), firm, corporation or other entity
1 against CONTRACTOR, CONTRACTOR shall give written notice thereof to
I CITY within two (2) working days after being notified of such
t claim, demand, suit or other action. Such notice shall state the
date and hour of notification of any such claim, demand, suit or I
' other action; tha names and addresses of the person(s), firm,
corporation or other entity making such claim, or that instituted
or threatened to institute any type of action or proceedings the
y ' basis of such claim, action or proceeding; and the name of any
person(s) against whom such claim is being made or threatened. Such
a" written notice shall be delivered either personally or by mail.
i
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Page 17 i
d.W
Aso
.1 ~enCa~lo
~geo~alta
' dale / /5-
YIVIII. let
IND1I0112lICATI0N
understood and agreed by both parties gend*lkt
R. It is expressly
hereto ontr that CITY is succh# CONTRth~R hall save and pd CITYO=
c
1
and that as as from all liabi y
actor its office
its o![iaers, agents and 'd employees harmless
costs and expenses for, or on aaaount
any actors it kind, including art from the per-
1 of, any olaimsr audit exceptions, demander suits or duagss of any I 1
l character whatsoever resulting in phoU or in p
' employee, agent or representative of f
tormaaoe or omission of any
CONTRACTOR.
k
CONTRAOTOR agrees to provide the defense ioQ or cr and
aontraotors
D.
frog andl bold harmless CITY its agents, y arising out a the
liability eemaads, esnges,
N'. [roc any ny and all clai laims, suits, oau action,
losses. attorneys lass, expenses, rem administration and
the tvilifui cot or
use of these cont.t ttea o theaextent caused by
implsmentaLion a:cep es tclass, or contractirs.
~ 7t omission of CITY, its agents. P fIi=.
I
y. M3 , XISCELLM2008
7 ledge or otherwise assign
fir A. CONTRACTOR shall not transfers or any claim arisin; there-
this Agreement or any interest therein,
} or parties, bank, trust company or other finan-
r
cial under Ito anynstituton party without the prior written approval of CITY.
}
Id to be invalidt
i B. it any provision of this Agreement vis he
isions hall regain to
illegal, or unenforceable, the remaining p
ct and continue to conform to the original
mind affe
full !arcs e
intent of both parties hereto.
C. In no event shall any payment to CONTRACTOR hereunder, or
any other act or failure of CITY to insist in any one or i
conditions
be a waivergby CITY Of eany
instancos upon tha ter in any way
2 ,a t^ tuts or be construed than or subsequently be
or
breach covenant Neitherhsha ll such payment, act,
'..4: 19 j committ omission ed ed in n CONTRACTOR. any manner anner impair or prejudice any right, power,
j
i privilege, or remedy available rivilCITY o enforce egest or remadiesiare alghts
hereunder, which rights, powers, p
specifically preserved. No representative or agent of CITY MAY
i
waive the affect of this provision.
D. This Agreement, together with referenced exhibi and
attachments, constitutes the entire agreement between the paartrties
hereto, and any prior agreement, assertion, statement, whether ent to
this ri or other comm hall have no dforce or effectrwhatsoe osr other nor
written or oral, statement, understanding,
assextione shall any agreement, during the term of this Agreement, or subse-
ss
conmitaent occurring recorded as
ritingo 10981 and if o appropriate whatsoever, unless
quent thereecuteavinany
properly ex
page 15
WOF
40040
'Aft
2292
amendment of this Agreement.
E. In the event any disagreement or dispute should arise
between the parties hereto pertaining to the interpretation or
meaning of any part of this Agreement or its governing rules,
codes, lave, ordinances or regulations, CITY as the party ultimate-
1 responsible to HUD for matters of compliance, will have the
final authority to render or to secure an interpretation.
F. For purposes of this Agreement, all official communications
and notices "ong the parties shall be deemed made if sent postage
paid to the parties and address set forth below!
TQ ~rIS~"! TO CONTRWMI Manager Director i
City
City of f Denton North Texas Community Clinics, 115 g. Moltinney St. Incorporated
P.O. 2780
Denton, Texas 76201 D
anton~xTexas 76202
IN WITNESS OF WHICH this Agreement has been executed on this
1994.
the day of ,
CITY OF DENTON
ICI
a ,i 1
BY$ _
BOB CASTLEBERRY, MAYOR
ATTEST!
JENNIFER WALZ'F.RS, CITY SECRETARY
i
Byl
3
APPROVED AS TO LEGAL FORM!
DEBRA A. DRAYOVITCN, CITY ATTORNEY
BY!
NORTH TEXAS COMMUNITY CLINICS,
INCORPORATRD
r _
BYl
iiDl CTOR
Page 19
y I. ~Vlt~ ~ I, i
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r^ ` ATTEST!
A'
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- SECRETARY E
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Page 20
1:
1
AeWaNo 9
Ap~n4ali y_
Late ~
1ZHIBIT "All
DRENATAL CLINIC FOR DENTON COUNTY
A. Description of services to be performed:
Y
CONTRACTOR will perform services described below in conformance
with the attached schedule and budget:
CONTRACTOR will operate a prenatal program at the Prenatal
Clinic for Denton County according to existing 1 al and j
medical regulations. CONTRACTOR will eq
patients on weekdays fora provide services to
. period to include, at a minimum, the
hours from 9:00 a.m. to noon and from 1:00 p.m. to 1:00 p.m. on
Monday, Tuesday, Thursday, and Friday, and 9:00 a.m. to noon
and 1:00 p.m, to 8:00 p.m. on Wednesday except on holidays or
when patients cannot be seen due to special circumstances.
j Services are provided by appointment only, during er after
! normal office hours, or in scheduled classes. The clinic 1,111
be open to patients at other times as needs dictate. Patients
who require services the clinic cannot provide will be referred i
to other qualified medical care providers. f
{ , 1
CONTRACTOR will continue to employ Certified Nurse Midwives
(CNN) on a full time basis who will be subject to the benefits,
working hours, and other rules of the community Clinics for
Denton County. These employees shall provide prenatal care to
patients.
! CONTRACTOR will maintain a waiting list for those individuals
L. who apply for care at the clinic. As all prenatal care is
i provided by appointment only, the clinic will not provide "drop
in servicb" although the specific circumstances of each patient
will be taken into consideration when scheduling. To be
eligible for care, the patient must demonstrate that she is
eligible for Medicaid, VIC, or are otherwise unable to acquire
adequate prenatal care through other means.
i
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I Page Z1
!
Y
I
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Agendalto
LIEU I?q
` We
~ s~ISa ~~ep ~Ia'C7S
pytSNJ!?AL CLINIC toA DSNTON CCU"y '
SLOCS OVA"
LOpf~
ZUWSV Sol COXMI11Y DI"
Of a portion of a salary for a Certified Nurse Kidwifet
A. funding i
st 31~ 19951 the I
I d of septewber it 1994 topplaa►u9 shall be used to FOr the perio u portion of the 000 Iamount. of S75#ot a Certified Nurse Midvife annual
1 salary
i
will cosw from
on
. e sits
I
po
s
a
of funding for this r
rated avenues i
a
r The. remainder r ram We
existing grant funding and from p o9
determined by the clinic.
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CITY.
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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
I AN EFFECTIVE DATE.
' WHEREAS, the City has solicited, received and tabulated
f competitive bids for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedures
of state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
' reviewed and recommended that the herein described bids ara the
lowest responsible bids for the materials, equipment, supplies or
rc' ; services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the rurchass of the
ieaterialg, equipment, supplies or services approved and accepted
~ j
herains NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS!
8ECTION I. That the numbered iterts in the following numbered
bids far 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:
1
BID ITEM AMOUNT
NUMBER NO VENDOR
'
1678 ALL 0 a 0 TRACTOR OF DENTON $1100310.00
1679 ALL NALTEC INC. = 32,040.00
1690 1 FIBERLINK SYSTEMS $1.82 PER FT
1680 2 FIBERLINK SYSTEMS $1.01 PER FT
1680 3 FIBERLINK SYSTEMS 6 67.00 EACH
1680 4 FIBERLINK SYSTEMS S 36.50 EACH
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of I
the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, P.-.td related documents.
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SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Kanager or his
designated representative is hereby authorized to execute the 4
written contract which shall be attached hereto provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted bids, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
imwediataly upon'Its passage and approval.
PASSED AND APPROVED this day of 1994. 3
s,
I "J
" BOB CASTLSBERRY~ 'dAYOR
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J,$ONI1'ER NAMRS,. CITY SECRETARY
BYx
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APPROVED AS ~0 7,11 AL F'ORMi
DEBRA A.' DRAIN# CITY ATTORNEY J
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DATE: NOVEMBER 159 1994
CITY COUNCIL RkPORT
TO:, Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager Apdalt
k
ry SUBJECT: BID # 1678 - TRACTOR BACKHOES l~lte O
RECOYIi3NDATION: We recommend this bid be awarded to the lowest bidder, G !i
3 0 Tracto- rr of Denton for three Ford 555D Tractor/Backhoes. The bid price Is
$36,770.00 per unit, total bid =110,310.00.
St11DiARY: This bid is for the purchase of throe (3) Tractor/Bacehoes in the 70
horse power class. They are Motor Pcol replacement vehicles for older units, 1985
1 r model, no longer economical to maintain as front lino equipment. One unit is for
Electric Distribution Department and two are for Water/Sewer Field Services.
The old units will be inspected by Fleet Services Department and rcessigned in the
` k fleet to lighter duty or sold at public auction.
BACKGROUND: Tabulation Sheet
} -.4 ' PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electrlo Distribution, Water
A Ed Sewer e e oea an Fleet Sorvicea.
` a~Y FISCAL IMPACT: Funds for the purchase of these pieces of equipment will come
R. rom the following acc*unts 6
720-025-0584.9104 Motor Pool Replacemerto $289221.00
610-103-1051-4230-8811 Electric Distribution b4/95 Budget $ 8,549.00
625-082-0461-9104 Water Distribution 94/95 Budget ;38,770.00
s+. 620-081.0471-9104 Sewer Collection 94/95 Budget $38,770.00
t
sub tq(Adi
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10 Harrell
City Manager
,i Approved. j
Flame: Tom D. ShawsC. .
f Title: Purchasing Agent
a,
t( BID r 1979 ~ E
( BID NAME LOADERISACKHOE 030 TRACTOR MAHANAYINT COLLIN CASE POWER
TRACTOR COUNTY FORD a EQUIP
OPEN DATE NOVEMBER S. 1904
E
i NIl7 s j 80g1 7[OMi;; VE Von, "s :NE DOR.^' ? ` .YE p R ,i % DOR NQOR ,
1. 8 EA TRACTOR(BAN•ItHOE $88,770.00 $38,280,00 $38.008.00 $40,827.00
FORD SSBD J06214 FORD 8681) CASE 880
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DELIVERY 120 DAYS 90-120 DAY 00-120 DAY 180 DAYS
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21MMERER KUBOTA
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DATE: NOVEMBER 15, 1994 _
3 5-
CITY COUNCIL REPORT A8end0No
A~enda~icrri
TO: Mayor and Members of the City Council O~te 14
FROM., Lloyd V. Harrell, City Manager o
SUBJECT: BID 1 1679 - EMERGENCY PREEMPTION SYSTEM IMANSION 1
14ECO1d1ENDATION: We recommend this bid be awarded to the lowest bidder,
asteo Inc. the totvu amount of :32,040.00.
SUMMARY: This bid is for the purchase of emergency preemption system expansion
` r equ~ment, materials and supplies. The quantities on he bid are sufficient to install
I 1 optical detection equipment at twenty five (?5) intersections (see list attached) . The
original list consisted of only those intersections from Fire Station 3 to downtown and
these remain Sur top priority for installation. Due to an increase in competition and
a decrease in price, we were able to include additional intersections and stay within
the allotted budget.
! City of Denton personnel will do the installation and, as mentioned previously, the
priority tote: sections are those from Fire Station 3 to downtown. We expect delivery
w . of materials in two weeks or less with installation efforts to begin very soon
f thereafter.
RACKOROUND: Tabulation Sheet, List of Affected Intersections,
j PROGR19 DEPARTIMMS OR GROUPS AFFECTED: Citizens of Denton, Denton
• I
Downtown rea, a Department and Tile Control.
FISCAL IMPACT: Funds for this expansion of the emergency preemption system will
fd
come rom ecount 1448-020-SIOL-9405-9150, Capital Improvement Bonds.
Y p Uy jb ed:
L o d . arj City Manager
j Approved:
ame: Tom . S w, C.P. j
Title: Purebasing Agent i
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BID NAME O MM PP EE TION ooroo; uuDraD NAM= IMOR suu
GWITEM OPE]i DATE NONEIABFA a,1 Q0A
I
1. 00 EA OPTICAL DETECTOR $1aa.00 1310.00 NO BID
MouNnNO BRACIIETa i
INOIDENTAL TO ITE7d •1
2. 6600 LF OPTICAL DETECTOR CABLE 10.4 $0.30
E
- f S. 26 FJ1 CARD RACK "G.00 $165.00
$614.0t) He
i AA !a FJ1 PR CHANNEL OPTICAL OR
l IB 26 EA A CHAAIMEL OPTICAL NO 82
T1ON CARD KNO
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r 6. 25 FA MI~O UEC'TTi B $10.00 $5.00
PER IMMSEC"
TOTAL INAM.(* 02"M
DE WETT'f 14 DAYS 14 DAYS
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PROJECT INTMBCTZOw LIST Iota "
Intersection Pro-amation Direction
111
1. Nagle at Avenue A East, Vast, North
I
2. Nagle at Welch East, West
3. Eagle at Bernard East, Vast
4. Nagle at Carroll East, West
S.
Nagle
at B. B101
LaeE West
f 6. Nagle at Bell South* last
T 7. We Sicko►y at Carroll north, Louth
8, Mulberry at Carroll North, South
9. W. Hickory at 8. Elm North, South
LS}.
1rr ' r"~ 10. Kockingbird at McKinney. Nasti Nast,
South will be built in station
Pans IS
Intersection DIreetion
t { 1. Donnie 9r" / W. University Drive S i w
20 coop 208/r. McKinney Street to we x i B
' 3. Loop 288/oolorado Boulevard N i B
i ti , .
4. Loop 388/41den Triangle Mall
Be LOOP 288/2-358 M, 8 i Nast on south service
r tad
l 6. teaslay Lane/I-353
E i B
T. Teasley 1"e/Dallas Drive N is
8. Fort Worth Drive/1«353 B i I
9. Bell Avenue/i. University Drive me B, N i x r
10, lla/x.;University Drive Be x i 8
,
11. Fulton/M. University Drive a
5` r 12. Malon6/N. University Drive s, W i N
136 Aliee/w. University Drive 3 i W i
14. I"p 288/9. University Drive N, we N i S
15. I-35N/w. University Drive w i N
A2200399
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DATE: NOVEMBER l5, 1994
CITY COUNCIL REPORT AgendaNa
1
T0: Mayor and Members of the City Council A~s~dult8
FROMs Lloyd V. Harrell, City Manager V i -t
SUBJECT s BID 11880 - FIBEROpTIC CABLE AND ACCESSORIES
RSOoWaNDATION: We recommend this bid be awards .82 per foot for so fiber
mee''T"SpD cation, Fiberlink Systems in.the amount of ;1.
cable, 11.01 per foot for 12 fiber cable, ;87.00 each for dead-ends and 636.50 each
` for supports.
j gtARY: This bid is for an annual contract to supply 38 fiber and 17 fiber
` iberop o cable and accessories. These materials will be utilized by the
Cosnsn ation. and and of heifiberoptic telecomm uications syst m. at in the
instr_.lation and maintenance
Phase I will iuclude a tie from Spencer Plant to the Branch Library, Spencer Plant
to Locust St. Substation to UNT Substation and UNT Substation to HickkoryStt-
Substation. This project is estimated to require approximately $85,00.
y materials from this bid.
is are approved throughout the FY
Additional mato'rlels win be purchased as project
94-95. ,
j
The lower prices offered by Sabredata failed to meet specifications. The bid from
Eltek failed to meet specified delivery requirements. k
BACKGROUND: Tabulation Sheet 1
w+ PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Library and Electric Utilities
FISCAL to available in the Electric CIP 1987 Revenue Bond
2
Ds~ACTs Funding
7Ccoount - , -RR87-F002-9252-CB00201A.
i
rei s ; Res ully au ted s
4/ .
j to . Har
s City Manager
1r Approved:
om i
D. Shaw,C.P.M. k
Purct►asing Agent
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BID #
8I0 NAME CABLEJACCES50RIE3 SABREDATA GANSLLpN FIBERLINK ELTEX INC
OPEN DATE NOVEMBER 3, 1994 E
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1. 27,000 FT 30 FIBER SELF 51.81 $2.43 $1.82 $1.724 I
SUPPORTING ALL I .
DIELECTRIC CABLE t ;
2. 16,000 FT 12 FIBER SELF SUPPORTINQ $0.98 $1.40 $1.01 $0.927
ALL DIELE GMC CABLE
DEAD ENDS NB $93.90 $87.00 $71.00 #
3. EA
r 4, EA DIELECTRIC IN LINE NO $94.28 536.50 588.00
SUPPORT
DELIVERY 20 DAYS 30 DAY 70-84 DAYS
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DATE: November 1, 1994
i
CITY COUNCIL REPORT
I REGULAR SESSION
TO: Mayor and Members of the City Council i
FROM: Lloyd Harrell - City Manager
SUBJECT: City Employee's Long-term Disability Insurance Program
- Contract Extension
REOOMiENDAT ION t
It is the staff's recommendation that the City Council adopt an
ordinance authorizing an extension to the contract for employes
group long-term disability insurance with Canada Life Assurance
Company to January 31, 1998.
SUMMAR
11 October, 1992, the City bid the employee long-term disability
insurance program under the state of Texas competitive bidding
Taws and procedures. The bids were analyzed and the City Council s
adopted an ordinance authorizing the Mayor to enter into a E
contract for the services outlined in Bid 01422 submitted by
Canada Life Assurance Company. Group Policy No. 58486 was j
executed to become effective February 1, 1993. The contract I
' provisions provide for the contract to and on January 31, 1995.
However, the bid specification and contract with Canada Life
stipulate that the contract can be extended for three additional
one-year terms. The back-up information provided to Council on
January 19, 1993 indicates that the intent of the covered period
was over the three year contract commitment (see Attachment I).
With the current contract ending on January 31, 19960 staff has
contacted the representatives of Canada Life and determined that
the company will agree to extend coverage to January 31, 1996 at
the same costs and rates (see Attachment II). A survey of i
providers for long-term disability insurance coverage Indicates
i that the current rate are reasonably competitive for this service.
ii with Council authorization for this extension, the employee long-
term disability insurance program will be in place until January
310 1996. Before the end of the sx;lration of the contract, the
program will be re-bid to ensure the City obtains the most
competitive rate for group log-term disability insurance coverage
E for periods after 1998.
SECTED:
{ PROGAM, DEPARTMENT8 M GROUP
The Employee Long-term Disability Insurance Program covers all
regular full-time employees in all City departments.
,
ApendaNo q R
Apdalte
Date
November 1, 1994 Q 1~
CM Report to City Council - Long-term Disability Insurance -
Contract Extension
i Page 2
FISCAL, IMPACT*
With the current rate of 373% of payroll, the cost for
employee long-term disability insurance is estimated to cost
$84,850 and these funds have already been included in the
I. 1994/95 Budget.
I~
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A J Rasps ully sub i ted:
Lloyd V. Harrell
City Manager
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Pr Pare
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S Yhomas N. Klinck
Director of Human Resources
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!EKbatitiv bireotor of Municipal
Services and Economic Development
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DATE: JANUARY 19g 1993
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! CITY COUNCIL REPORT agendaNo a~
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TO Mayor and Members of the City Council We
FROM: Lloyd V. Harrell, City Massager 1A 01;
SUBJECTS HID 1 1422 - LDNO TEM DISABILITY INSURANCE
RgEffie' ~iDATIO : We recommend this bid be awarded to the Ioweat bldg e~Caahadoc
seursnce Company Ia the tPP~r contract mconmsnitment
=80, 160. 680.00 pe
" 00 per year over the three y
. _
+ Z;UIsDIARYs This bid is for the long term disability insurance program to cover all
raga r u time employees of the City of Deaton.
aACK(3AOUNDs Memorandum prepared by Tom KUnckI Director Human Resources
an a u on sheet.
{ PROfIRAMS DgpA T~iTSORGROWSAFFECT®: HumssaResourcesDepaMssent
sn mp pyees o t e C ty o Denton,
WACTs Budget funds.
SCAL
spectfu11y submitted:
oyd Harrel
s City Manager
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Approved t
+ a aes om haw. C.
Titles Purchasing Agent
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ORDINANCE NO.
AN ORDINANCE ACCEPTING
tj EXECUTE AN AGREEMENT BEV EN COMPETITIVE THE DCITYDOF DENTON N TEXAS,MAAND
CANADA LIFE ASSURANCE COMPANY RELATING TO FULLY INSURED LANG TERM
EXPENDITURE OF FUNDS
DISABILITY AN INSURANCE; AN AUTHORIZING THE EFFECTIVE DATE.
THEREFOR; WHEREAS, the City has solicited, received and tabulated
com- petitive. bids for the purchase of fully insured long term disabil-
ity insurance in accordance with the procedures of state law; and f
I f
WHEREAS, the City Manager and his designee have received and
recommended that the bid described below is the lowest responsible
bid for the purchase of such insuranco as described in the request 1
for Bid No, 1422 and Bid Submission Form; and
WNEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the in-
surance policies and coverages approved ►.nd accepted herein; NOW,
j THEREFORE, a
f F
THE COUNCIL OF THE CITY OF DEtiTON HEREBY ORDAINS:
E fiLCTI N i. That the bid of Canada Life Assurance Company re- k
lacing to fully insured es being term the lowest disability responsible bids hereby
accepted and approved
i
That the MaYor is authorized to execute the agre-
1. ~FemioN iI.
ement bets n the City of Denton, Texas and Canada Life Assurance
Company, which is attached hereto and made a part hereof.
Council hereby authorizes the ex-
That
tH the Cit Y ag-
II
funds in the manner
re of
Stu
nd
reement.
and amount as specified in the fip'CTipN IY, That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the/7day 0f Y , 1993.
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BO CASTLEBERRY, Y, MA R
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ATTEST! Q l / Il
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORMt
DESRA A. DRAYOVITCH, CITY ATTORNEY
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Venda No.
' 4gendalto S&
9ai8
CO SAM CANAD RLIV 6xAB
E ABSUMC! COMPANY
That this agreementt
between the City entered thi of Denton, Te~tha muni
1993, by and
c pa corporation located in Denton County, Texas and incorporated the ( as a home rule city under t„Cif " andtCanada LifeSAstate
ereinafter referred to as Y Ferry Road, Suite
I p a corporation with offices at 6201 Powers Y
1 450 Atlanta, Georgia, hereinafter referred to as "Contractor."
WITNESSETH.,
That tho parties hereto, in consideration of the covenants and
agreements herein contained to be kept and performed bs;both par-
tie , do hereby agree, covenant and contract as
~ I.
City hereby agrees to purchase from Contractor and Contractor
hereby agrees to sell to City fully insured disability insurance in
accordance with City's Scope of Specifications i Instructions, Bid
Submission Fors, Sample Contract and other documents constituting
{ City 's "Request for Bid No. 1422"1 Contractor's Bid referred to as
f "This Group Insurance Program)" and Group Policy Number H.58485
which are hereby made a part of this contract and incorporated
j herein for all purposes.
II.
E The parties agree this policy of insurance shall become •f 1
tective February 1, 1993, at the rates contained in Contractor's
bid for Plan i dated October 5, 19920 contained in Contractor's r
Bid, and unless earlier cancelled pursuant to the terms of this
contract, shall terminate at midnight on January 31, 1995.
II3.
Should a conflict arise between the terms and provisions of
the City's "Request for Bid No. 1422" (including but not limited to
E
the sample contract contained therein) and Contractor's Bid (in-
Oluding but not limited to Policy No. H.58465 contained therein),
the torso and provisions of City at for Bid No. 1422 WW
prevail.
iv.
The Director of Human Resources or such other agent designated
by the City (tanager is hereby authorized to carry out the terms of
this agreement in behalf of City and shall
be the agent authorized by Contrac or to carry ou a trms of
unless advises
this
agent orContractor represoents that
City in writing of a substitute Contractor
.AgandaNo
Apondalte ?
it has the authority to execute and carry out the terms of this contract. EXECUTED this da of ;
15~h Y JANUARY 15 , 19930 A. D.
CITY OF DENTON, TEXAS' CANADA LIFE ASSURANCE COMPANY
Byt By: +
BOB CASTLES RRY, ! Y ISUTGROUP MANAGER I
ATTEST= ATTESTS
a Bye ey:. ##ij
J F ALTERS, • U CONSULTANT f
,
Y'8 ETARY
F+ APPROVEO.AS TO LEGAL FORMI
DEBRA A. DRAYOVITCHO CITY ATTORNEY
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PAGE 2
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AGendaNo
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Date f
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I ATTACHMENT II
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CANADA LIFE Agana ! onGrlon
i
0318 n Houstton Group Office
1 v one Cornmerce Groen
515 W. Greens Road
Suite 775
' July 11, 1994 Houston. TX 77087
p Carey Melek
Thomas W. Kfinck District Group Manager
Director of Human Resources Tel: (713) 872.1280
i City of Denton Fax: (713) 872.1641
Yl, 324 E. McKinney
p Denton. Texas 76201
RP: Contract Provision for Termination and Renewals ;
r~ Dar W. Klink:
E Attached is our'provision for termination of the policy. Unless, you terminate the poky it will .`s.
s , remainn in force. Thero is nothing in our contract that addresses a time frame for termination of
the contract except 15 days written notice from the City.
There is it provision on file that was sent to us by the City that addressed only the rats during this
time period and not the time frame of the contract, We also have it provision on ts.E clanging of
rates, but if we don't change rites the contract does not have to be amended or redrawn.
N, aottom fine, unless you terminate the contract it will stay in egret. To make it easier we will hold
+ the fates it .3J3'/. of payroll and the contract will not change.
L ;
M J , Suxuely xi
AO~l
t Carey S. Malek
District Manager
CSMMm 1
The Canada Life Assurance Company
It M11NYl\~.•A•"A•\~
RQ91~aN0 I
AQ9ndalte S
oata
ORDINANCE NO. `1D 1`
AN ORDINANCE AUTHORISING AN EXTENSION TO THE CITY08 CONTRACT WITH
CANADA LIFE ASSURANCE COMPANYI AUTHORISING THE EXPENDITURE of FUNDS
THEREFORI AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 15th day of January, 1993, the City of Denton
entered into a contract with Canada Life Assurance Company for
disability insurance for City employees) and
r
WHEREAS, said contract provided the City an option to renew
the contract for up to three additional one-year terms) and
WHEREAS, the City Manager having recommended to the City
Council, that the City exercise the option to renew for an addition-
&I term, as Canada Life Assurance Company representative Ed Olson
has advised the City that the rates will' remain the same) NOW,.
T *EREFORS.,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That.the City Council hereby approves the exten-
sion of the City's contract with Canada Life Assurance Company, and
authorizes the City Manager to take any action necessary to Woo-
tuate such extension.
SECTION 11, That the City Council hereby authorizes the
expenditvre of funds as provided in the contract.
$ECTTON Ill. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994. +
r
BOB CASTLEBERRY, MAYOR i
ATTESTI
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMI
DEBRA A, DRAYOVITCH, CITY ATTORNEY
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DATE: November 1, 1994 1
CITY COUNCIL REPORT j
REGULAR SESSION
E~E
TO: Mayor and Members of the City Council 4
' FROM: Lloyd Harrell - City Manager
{ SUBJECT: City Employee's Life Insurance Program - Contract
i ( Extension
RECD MIENDATION & i
It is the staff's recommerdation that the City Council adopt an
I ordinance authorizing an extension to the contract for employee
!I group life insurance with North American Life Assurance Company to
January 31, 1996.
a 1
$i~liY
In October, 1992, the City bid the employee life insurance program
under the state of Texas competitive bidding laws and procedures.
The bids were analyzed and the City Council adopted rn ordinance
authorizing the Mayor to enter into a contract for the services
r outlined in. Bid 01423 submitted by North American Life Assurance
hf~ r Company. Group Policy No,. 13880 was executed to become effective fff
February 1,1993, The contract provisions provide for the
6rl`.; contract to and on January 31, 1995. However, the bid
specification and contract with North American life stipulate that ;
the contract can be extended for three additional one-year terma.
The back-up information provided to Council on January 19, 1993
indicates that the intent of the covered period was over the threq
year contract commitment (see Attachment I).
With the current contract ending on January 31, 1995, staff has
contacted the representatives of North American Life and
determined that the company will agrea to extend coverage to
' January 31, 1996 at the same costs and rates (see Attachment II),
A survey of providers for life insurance coverage indicates that i
the current rate are reasonably competitive for this service.
With Council authorization for this extension, the employee life
insurance program will be in place until January 319 1996. Before
the end of the expiration of the contract, the program will be re-
' bid to ensure the City obtains the most competitive rate for group
life insurance coverage for periods after 1996.
P DEPARTMENTS QR QROU AFFECTED:
The Employee Life Insurance Program covers all regular full-time
r and part-time employees in all City departments.
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November 1, 1994
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CM Report to City Council - Lite Insurance - Contract Extension
Page 2 FISCAL IMPEL: t
With a current rate of .25 per 1000 for basic life insurance
and .05 per 1000 for accidental death d dismemberment, the
cost for emoleyee life insurance is estimated to cost $90,190
and these funds have already been included in the 1994/95
Budget.
( Resp tfully s itted•
Lloyd V. Harrell
City Manager
Pre d
Saw,
@. ThomaYs'N.r imck
birector cif Human Resourc is
App ved tf
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8 t he an
~xecutiv Director of Municipal
Services Rnd Economic Development
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DATE: JANUARY 19~ 1993
• ll
CITY COUNCIL REPORT
AgeodaNo
$ TO. Mayor and Members of the City Council end to
FROM,. Lloyd V. Harrell, City Manager Hs'ia
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< SUBJECT: BID # 1845 LIFE AND ACCIDENTAL DEATHIDISMF~ERHENT
INSURANCE
x",
RECOIWSNDATION: We recommend this bid be awarded to the lowest bidder, North
me can Life Assurance company in the estimated amount of $7,085.00 per month
J ice,
t ^r or;9f ,180.00 per year for the three year contract commitment..
regular full-time and
St1lOlAIt Yt This bid is for a life insurance program to cover all
part tai employees.
• t BACKGROUND: Memorandum prepared'by Tom Kiinck , Director Human Resources
f an attach3taabulation sheet.
6y; PROG&W DEPARTKENTS Olt GROUPS AFF'ECTED: Human Resources Department
ep employees o t e city o Denton.
F1t3 ML IMPACT. Budget funds.
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}fig' Respectf submitt s
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City Manager
! ! Approved:
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Names Tom M, . . ,
A " Title: Purchasing Agent
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
NORTH AMERICAN LIFE ASSURANCE COMPANY RELATING TO FULLY INSURED
LIFE AND ACCIDENTAL DEATH AhD DISMEMBERMENT INSURANCE; AUTHORIZING
} T;iE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of fully insured life and ac-
cidental death and dismemberment insurance in accordance with the
procedures of state law; and
WHEREAS, the City Manager and his designee have received and
recommended that the bid described below is the lowest responsible
bid for the purchase of such insurance as described in the request
for Bid No, 1423 and Bid Submission Form; and
+ WHEREAS, the City Council has provided in the City Budget for
l'. the appropriation of funds to be used for the purchase of the in-
surance policies and coverages approved and accepted herein; Now,
THEREFORE,
f; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS$
E ON That the bid of North American Life Assuranca
Company relating to fully insured life and accidental death and
dismemberment insurance is hereby accepted and approved as being
the lowest responsible bid.
}
SECf N 111. That the Mayor is authorized to execute the ag:a-
esent between the City of Denton, Texas and North American Life
Assurance Company, which is attached hereto and made a part hereof.
'I
dG f SEXTON 111. That the City Council hereby authorizes the
r expenditure of funds in the manner and amount as specified in the
s"ft; agreement. 4
SECTION I• That this ordinance shall become, effective
immediately upon its passage and approv 1. f
PASSED AND APPROVED this the /ay of 1993. '
BOB CASTLE
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ATTEM
JENNIFER
ENNIFER WALTERS, CITY SECRETARY 1-
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APPROVED A8 7`0 LEGAL FORMS`
I; DEBAR A, DRAYOVITCB, CITY ATTORNEY
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Aprda?let
State of Texas
KNOW ALL MEN BY THESE PRESENTSS
ti~r County of Denton )
That this agreement, made and entered this Lday of
1993, by and between the City o! Denton, Texas, a
" un o p corporation located in Denton County, Texas and
` r,,:"; ° & i • ncor ted as a home rule city urpier the constitution of the
State Texas, hereinafter referred to as "City", and North
American Life Assurance Company, a corporation with offices at 2302
r f^';a Parklake Drive, Suite 400, Atlanta, Georgia 30345, hereinafter
referred to to "Contractor."
.;yep ~ ;
wITNESSETHs
That the parties hereto, in consideration of the covenants and
- agreements herein contained to be kept and performed by both
`X parties, do hereby agree, covenant and contract as follows:
City hereby agrees to purchase from Contractor and Contractor
hereby agrees to sell to City fully insured life and accidental
death and dismemberment insurance in accordance with City's Scope
of Specifications i instructions, Bid Submission Form, Sample
Contract and other documents constituting City's "Request for Bid
No. 1423"► Contractor's Bid referred to as "This Group insurance
n+ Program" and Croup Policy Number NC-01-013880 which are hereby
x' made a part of this contract and incorporated herein for all
purposes.
yS II.
A,( 1
The parties agree this policy of insurance shall become
effective February 1, 1993, and unless earlier cancelled per the
torus of this contract, shall terminate January 31, 1995, at the
rates guaranteed in Contractor's "Basic Life Plan" dated September
240 1992, contained in Contractor's Bid.
II1.
Should a conflict arise between the terms and provisions of
the city's "Request for old No. 1423" (including but not limited to
the sample contract contained therein) and Contractor's Bid
` but not limited to Policy No. ~ (including y NG-01-013880 contained
therein), the terms and provisions of City's Request for Bid No.
1423 will 1~va
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The Director of Human Resources or such other agent designated
by the City Manager is hereby authorized to carry out the terms of
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this agreement in behalf of City and Don Huguenot shall
{ be the agent authorized by Contractor to carry ou t e terms of
this agreement in behalf of Contractor unless contractor advises
[ City in writing of a substitute agent.
EXECUTED this/ ay of , 1993, A. D.
City of Denton, Texas North Am ican Life I
By BY lzjzte:~aI414
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Bob Cas a errLMoW~~ w !
A TTESTt ATTEST=
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' )f Approved as to Forei
a^. } DEBRA A. DRAYOVITCH, City Attorney
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ATTACHMENT II
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North Amerkanllk 3675Cseslwood p4Ed Obon
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AssurammCompany suite=
Duluth, GA l
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Tel: 401/717-0121
Fa, 04/717-6190
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North American Life
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August 9, 1994 I
I>peadaNo
Ms. Chris. Paulus
Senior Human Resource Representative Agg I I
City of Denton Date
324 E. McKinney 1 6~4
Denton$ TX 76201 I
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City of Denton, Group, Life Insurance policy 113880
9 fob' uery 1, 1894 Renewet
Deer Chris:
This lithe follow up to our phone conversation regarding the renewal of your group
to report that we will not be asking for any increases.
life insurance. tam happy
Therefore, the current basic life rate of .25/1000 and the accidental death and,
dismemberment rate of .0511000 will remain in force.
2 We appreciate the business and please tot me know it i can be of further assistance.
j
Sincerely,
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Ed Olson
Regional Group Manager
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cc: Maria Kutke
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ORDINANCE NO. AN ORDINANCE AUTHORIZING AN EXTENSION TO THE CITYPS CONTRACT WITH
NORTH AMERICAN E PROVIDING FOR AN EFFECTIVE DATESXPENDITURE
OF FUNDS THEREFOR; AND
WHEREAS, on the 19th day of January, 1993, the City of Denton
entered into a contract with North American Life Assurance Company
for life and accidental death and dismemberment insurance for City
employsest and
WHEREAS, said contract provided the City an option to renew
the contract for up to three additional one-year terms; and
WHEREAS, the city Manager having recommended to the City
Council that the City exercise the option to renew for an ad-
ditional term, as North American Life Assurance Company representa-
tive Carey Melek has advised the City that the rates will remain
the samel NON, THEREFORE, f
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt
9ECTION '1 That the City Council hereby approves the exten-
Sion of the CMOs contract with North American Life Assurance
Company, and authorizes the City Manager to take any action
necessary to effectuate: such extension.
AFCTION iI. That the City Council hereby authorizes the
expenditure of funds as provided in the contract.
SECTION 111,L That this ordinance shall become effective
immediately upon its passage and approval. E
1994. ~
PASSED AND APPROVED this the day of
Y" BOB CASTLEBERRY, MAYOR
`i
ATTEST;
JENNIFER HALTERS, CITY SECRETARY
BYt I
" APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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CITY COUNCIL REPO -
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TO: Mayor and Members of the City Council 1 }
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FROM: Lloyd V. Harrell, City Manager
kIk DATE: November 7, 1994
SUBJECT: PARKLAND ACQUISIITON
• Acceptance of an Ordinance authorizing the City Manager to execute j
an agreement between the City of Denton and Heritage Land and Development Company, Inc.
relating to the acceptance by the City of a dedication of 9. S acres of land whm certain conditions
have begirt completed. 1
+ f
§gMMAgyt Heritage Land curd Development Con4", Inc., owners of the subject lot have
contacted the Puke end Recreation Department wishing to donate 9.5 acres of property to the
9J City of Denton for pale pucposes. Attachment A shows the location of lot I in relation to Evers
t park, with Cooper Creek dividing the property from west to east. Since the 9.5 acres of property
is within the 100 year 8oodplain, permanent stnxxures can not be built on the property. The
property is arcnauly vwmt and clear of debris. In addition to the lend donation, Heritage Land
and Development Company, Inc. will repair and Paint the existing 8e
Copper Creek, construct a V concrete walkway across the property, and donate $1,000 to the
r City to go towards maintenance of the property (Attachment B).
r' As stated by both the Parks and Recreation Advisory Board and the Planning and Zoning
Comrniaaloa, this expansion is a vWu&We link in the City of Dennton's Trails Plan, which is
currently being developed. The development of this property will consist mainly of hike and bike
tail wbich will provide additional so" betweert Sbe man Drive and North Locust Street.
proposal has been reviewed Avorably by both the Parks and Recreation
BACKGROUND This
Advisory Board, at their June 194 meeting and the Planning and Zoning Commission, at tbdr July
V4 meeting. Both the Board and Commission gave staff direction to recommend to the City
t Co;nncil that the City of Denton accept the donation of the property from Heritage Land and
~Development Company, Inc. j
I
..,LC nrP~RTME 5 OR GROUPS AFFM D• The cit
AQendaH ~
will bv*fit from this donation. Elate
rct~~t t The cufrent City budget does not allocate funds for the devdoVm of tL
' ropesty at this time, thes~efore, funding would need to be included in a future bond program
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a (ATTACHMENT B
AH
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LAND ~t DEVELOPMENT@ COG INC.
IL
June 1, 1994 A~eAddNO~
^Y~'3
Aaandai~
s Date N
okay Olland Hr. Hi
Park Planning Coordinator
~s City.of Denton
Denton, Texas
Dear Mr. ohlands
t
' k Attached pleass find our proposal for dedication of the park
s area adjacent to our development on the north side of bell
Avenue.
This is a firm offer contingent upon acceptance by the
Denton Parks Department. Upon acceptance by the Parka
Jx
Department Cooper Glen, Ltd will:
1. Purchase the 9.5 acres of land.
4 .
Repair and paint the existing,bridge.
1. Construct a 80 concrete walkway from Sell Aveinue
across our property and the park via the bridge to
the south boundary of Cooper crossing.
4. Donate $10000.00 to cover costs of mowing the park.
This proposal fits within our budget constraints and will not
j unduly impact the cost of the entry level housing we at* trying {
to provide for the residents of Denton. At the same tine
F ' this walk will provide access to the bridge which is virtually
inaccessible currently.
rY . sincerely,
t r +
Y
W. Harris,
Heritage Lanai Development Co.,inc.
General Partner
7
. 2220 San Jacinto Bled. • Suite 360 ~ Denton. TC'6205 • Rt^ARn.; tn' `~'s
} PARKS AND RECREATION ADVISOkY BOARD MEETING
EmotiveSaslon - J: fAHL A WaNO 4
Rejular.jeWox - 5:45 p. HL AflWalteiR~.
Monday lrne 21,1994
N 4-4-
v„~vr~,A ('mtcrConiereoeeRoom [hie it-
UTES
MIN
i MEMBERS PRESENT: Tom Judd, CMirmm
Nett Stallings, Vice Chair
Doug Chadwick Member
Burkley Narkless, Member
i
t L STAFF PRESENT: Rich DlugaS, Director of Parks and Recreation
j Bob Tickner, Superintendent of Parks
4 Janet Simpson, Superintendent of Leisure Services k
^ fk NGckey OW" " , Park Plar:ninq Coordinator
Put Lee, Administrative SecretuY
VMx.
GUESTS' Dick Engle, Director of Y.M.C.A.
MM Crowr,over, Board of Directors-Y.M.C.A. i
BXlECUTIIVE SESSION.
Executive Session was called before the regular meeting to present several land donation
1 I
l
the and Recreation Depar meat office by citizens in the
;proposals received in 'Parks
foliowing communities:
Four lots l.6 acres of land adjacent to Avondale Park has been offered in
lieu of $2.000 in back taxes. City ones will beiawa in the + mnt ontt tt 1which willibe
will be obtained, and the Legal De~r~ working on lamed the
a t00 Year flood own, it
forwarded to the owneat. Although the property is lon ygrouad equim costs would be
p~e~/~w~,ith + "Tot Lot playground, Pla ae1y S7 300 per year. j
could devdOd
ow, with maintenance oasts ppro
i prop" would have to be included in a future Bond Program. Perks
Zoning on July 131h
app tdy yq the staff will be meeting with Pluming W
al :r { and of
Recremion D4
with pretentaaott to the City Council projected fof August.
f
A 112 we Parcel of land located on the east tide of the Avondale ua has also been
for donadoa. This am will pro" Avondale Paris with additional -P" space.
offered »r
y ,
627pbmin.sam
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PARR AD%1SORY BOARD MTG16.27.941Y M.C.A. AgAlId3N0
Page 2 p~cAt~3118
COOPER CREEK AREA: [kilo 5~_
9 112 acres in the Cooper Crossing area east of Evers Park has been offered for donation
This land could be incorporated into the [Eke and Bike Trail Master Plan. The owner has
offered to repair the bridge over the pond, put in an 8 foot concrete trail, and give the
Parks and Recreation Department $ 1,000 toward maintenance. The property will serve as
a greenbelt linkage and could eventually extend from Cooper Creek to Sherman Dr,
JQUTH DEPiTOY
Fred Gossett owns 3 112 acres of lartd south of Montecito across from McNair Elementary
` School that is part of a residential development. This acreage has a pond and is heavily
wooded which would make it difficult to develop as • neighborhood park. It does not
qua'under the current voluntary land dedication ordinartce which requires a minimum
donation of S acres,
The Board directed the Parks and Recreation Department staff' to go forward with the
pursuits of the Avondale area properties and the Cooper Crossing property, and continue
` working with Fred Gossett to acquire more park land in that area before committing to
any agreements.
U. MEETING CALLED TO ORDER
Dick Engle escorted Parks staff and board members on a brief tour of the Y.M.C.A.
fit&ties before Tom h:dd called the regular session meeting to order at CID p.m.
III. APPROVAL OF MINUTES
VW"
Doug Chadwick motioned to approve the May minutes as written, and Neta Stallings
seconded the motion. All ayes, no nays, motion carried.
[V. DISCUSSION ITEMS:
1. Vision Update (Rich Dhufm)
'[tEEN9ELT PROhGT: Rich presented information oa plans to work with the Corps
of Engineers to develop land for public access and recreational use fiom Lake Ray
cr; Roberts to We Lewisville. There uses include: cum launching and take out points,
` parking faAfws, camping sites, and equestrian and hiking trails consisting of
a approximately 12 miles of separate hiking paths and equestrian trails linking access points
1 and ca *g areas. Three Wga will be built in association with the trail system so that 1
trails Aill meander through the na=e corridor.
HOSPITABU CITY 80ACIr GROUP: The next Hospitable City impact Group
a meeting will be scheduled for late July. Suboommittee reporu and discussion of
presentations of the impact Group reports to the MOW Cabinet will. be among the agenda
627pbrnin.um
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:;endaNo
Minutes pis commission
July 13, 1994 4ao0da l8
page ed Ila
XIII. Acquisition of park land.
A,,. Staff report by Mickey Ohland.
a. Avondale 3, Block D, loot 24.
The first piece of property is located on the east side of
Avondale Park. It is .45 acres. There is nothing there right
now. The general feeling from the community is that we
already own it. We currently maintain it. The use we see is
' °,~;sb+r to keep it the same, additional open space for Avondale.
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b. Avondale 3, Block G, Lots 6, 70 8 and 9.
The second piece of property also abuts Avondale Park and io
` off of Churchill Drive. it consists of 4 lots, approximately
1.6 acres. Both pieces are within the 100 year flood plain.
x on this piece of property, we foresee it including passive
recreational amenities such as a tot-lot, a sandbox area,
trees, and a trail for additional access from Churchill to the
f' park. This shows the four lots with the creek, and the amount
r17 of trail we would have to put in the new section.
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Mr. Engelbrecht: A bridge across the creek?
Mr. Ohland: Yes, it would be a law water crossing.
lrs ~
wfi as Cooper Glen, Section 1, Lot 1, Block 1 in the vicinity of
Evers Park. 1
Mr. Ohland: The third piece of property is Cooper Glen {
adjacent to Evers Park. This is directly behind a housing
development going in along Bell Ave. This tract is approxi-
mately 4,5 acres. With the city developing a master trails
~ plan for Denton, we feel that this could be a valuable link in r.
11~ connecting Sherman with N. Locust with a trail. We foresee
i basically a hike and bike trail. In addition to donating the
land, the owner has offered to repair an existing bridge to
our satisfaction. He has also offered to put in an 8 foot
concrete trail from Bell across to the other side, and $1,090
towards the maintenance of the park. The Parks and Recreation
# Advisory Board along with staff recommends approval.
Mr. Engelbrecht: Are you planning to increase the parking at
Nottingham?
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Mr. Ohlandt Right now, no. Staff has dib-ussod it, if
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Minutes PiS Coamission ApI July 13, 1994 Pigs 4s ~+a
needed, that could be an expansion.
Kra. Russell: I would like to see that happen, that is a nice
green field over there and they are suppose to ride their
bikes to the park anyway.
Mr. Engelbrecht: With regard to the second parcel, the owner
is willing to dedicate the property to the city and take a
personal judgement for the DISD and Denton County Taxes, if we
take this property is DISD going to have a hard time getting
funds?
Mr. Drake: It is possible. I don't know what the facts are
with the DISD or the County.
Mr. Enge?.brechtt Havs you talked with DISD?
Mr. Ohland: I haven't but Nike Sucek has been working with
the owners attorney in drawing up the contract.
Mr. Engelbrecht: I would like to know precisely where DISD
stands.
Mr. Norton: Could we make that a contingency?
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Mr. Engelbrechtt Any questions for staff?
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Dr: Huey: Could I ask about the planned pathway and the lore
water crossing? Now low is that
Mr. Salmon:- according to our Flood Plain Regulations it will
have to be low enough that it does not cause significant
obstruction or high enough to completely span the creek.
Dr. Huey: Why that direction instead of a bridge?
Hr. Ohland: I would generally think it would be a cost
factor.
Mr. Salmon: The problem with bridges and lw water crossings
is you either have to do a pretty minimal thing or cross the
whole thing above the 100 year flood plain. If you try to do
something in the middle, most of the time you are going to get
something right in the middle of the flow.
Dr. Huey: I would encourage you to make it gradual.
Mrs. Russell: Are you familiar with what is there now?
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AV;dal~e
minutes P65 Comeission 0a1d
July 130 1994 ~ C)V
Page 46 d~
Mr. Ohland: Yes.
Mrs. Russell: There is, something there that you can walk j
across so you don't have go in the creek.
Mr. Ohlandt We will have to make it where the slope is r
handicap accessible.
Mr. £ngelbrecht: I want to commend the parks department for j
their work.
Mrs. Russell: This second piece of property is wonderful.
Right now people hike through those lots and go through the
somewhat irregular low water crossing rather than having to
walk around.
Mr. Engelbrecht: Any other questions for staff or a motion?
Mr. Cochrant I request we take all of these a one motion. I
move that we approve acquisition of Avondale 31 Block D, Lot
24, Avondale 3, Block G, Lots 7,8, and 9. Cooper Glen, Lot 1,
Block 1.
Mr. Norton: I second.
Dr. Huey: With the provision of the tax..? j
Mr. Cochran: Provided it is coordinated with DIED. x;
Mr. Nortont I accept that revision.
Mr. Drake: It you put all three of those together and you $
find out all is not well with DIED, do you want all three
coning back, or just that one.
Mr. Cochrant I move approval of acquisition of Avondale 3,
Block G, lot 60718, and 8 with the proviso attached that their s
is some accommodation made with the Denton ISD and the county
Concerning the taxes in rears.
Mr. Norton: I second.
Mr. Engelbrecht, It has been moved and seconded to recommend
approval with the proviso that the school district and the
county pass off on their judgement. All those in favor? This
notion carries unanimously (6-0).
i sir. Cochrant I move we approve the acquisition of Avondale 3,
Block D, Lot 24 and Cooper Glen, section 11 Block 1, Lot 1.
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Page 17 ~Q5i1udlr s
Cooper:
i i second. I~
E n Engalbrechts It
the a quisition of items a 6 a
has, been movW and aecot~ded to e
fsdtiniy carries unani~aously, on our a 1
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Sinutes Paz Commission
July 13, 1994 3j n1
Page 47
Mr. Cooper: I second.
Kr. Engelbrecht: It has,been moved and seconded to approve a;
' the acquisition of items a a c on our agenda. All in favor? {
liq Motion carries unanimously (6-0). i
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•1wpd0c8\herftage.ord
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ORDINANCE NO. C) Ia f
t AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXE ws AN AGREEMENT
BETWEEN THE CITY OF DENTON AND HERITAGE LAND i DEVEC,OpMENT COMPANY,
r INC, RELATING TO THE ACCEPTANCE BY THE CITY OF A DEDICATION OF 9.5
ACRES O! LAND WHEN CERTAIN CONDITIONS HAVE BEEN COMPLETED BY THE i'
DEDICATOR; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute an
agreement between the City of Denton and Heritage Land J;
DOVelopsent Co., Inc, relating to the acceptance of a dedication of
9,5 acres of land to the City for park purposes, under the terns
and conditions contained in said Agreement, Which is attached
hereto and made a part hereof for all purposes.
SECTION Ii. That this ordinance shall become effective
iaaediately,upon its passage and approval. I
PASSED AND APPROVED this the day of 19944
4
BO
ERRY MAYOR
WRED
ATTEST I
A'-
JEMNIFE3t WALTER' CITY SECRETARY
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APPROVED AS TO LEGAL FORM)
r; a DEBRA A, DRAYOVITCH, CITY ATTORNEY
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THE STATE OF TEXAS S
S BY THIS AGREEMENT AND CONTRACT
COUNTY OF DENTON S
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Heritage Land i Development CO., Inc. (DEDICATOR) hereby agrees to
dedicate and convey to city of Denton, Texas (CITY) or (ACCEPTOR)
in fee simple absolute the approximate 9.5 acres of land described
more particularly in Exhibit *A", attached hereto and made a part
hereof for all purposes and CITY hereby agrees to accept from
DEDICATOR such land based on the consideration discuss belowt
1. Dedicator agrees to repair and paint the existing bridge on the
property in the manner as described in the letter from the City o
Denton to Heritage Land i Development Co., Inc, dated q, jq#j~
prior to closing on the property.
2. Dedicator agrees to construct an eight (8) foot concrete
walkway from Bell Avenue across the remainder of Dedicator's
property and the City's Park via the bridge to the south boundary
of Cooper Crossing prior to closing on the property.
3. Dedicator agrees to pay the sum of one Thousand Dollars E
($1,000) at the tiwe of closing on the property to defray Moving
and maintenance expenses the City will assume in accepting the land
herein dedicated.
4. Dedicator agrees to convey the property in fee simple absolute
by general warranty deed at the time of closing on tha'propertY. I
5. Dedicator agrees to convey the property free ftom any j
delinquent taxes and taxes for the current year are to be prbrated
to the date of closing. !
s.` Closing shall be on or prior to December 20 1994, unless the l
parties mutually agree in writing to a different date.
Executed this day of , 1994
HERITAGE LAND i DEVELOPMENT CO., INC. CITY OF DENTON
(DEDICATOR) (ACCEPTOR)
1 i
gY BY
(TITL LLOYD. HARRE
City manager
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CITYCOUNC[I.REPORT tNo gt-IS -Ou
Ap9l~al~
TO: Mayor and Members of the City Council Ostt} 11-) -
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FROM: Lloyd V. Harrell, City Manager 16
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DATE: November 7,1994
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SUBJECT: PARKLAND ACQUISMON
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RECOMMENDATION: Acceptance of an Ordinance for the dedication of one lot (.45 acres)
located on the eastern end of Avondale Park on Nottingham Drive.
SUMMARY: Richard R Adamson and wife Sherry A. Adamson, owners of the subject lot have
contacted the Parks and Recreation Department wishing to donate .45 acres of property to the
City of Demon for
Y park purposes. Attedunent A shows the location of lot 24 in relation to
i
Avondale Park. Since the .45 acres of property is within the 100 year fioodplain, paman>ent
structures can not be built on the property.
` As stated by both the Parks and Recreation Advisory Board and the Planning and Zoning
'iConnednio4 this expwion is important and will provide additional open space to Avondale
Park. Avondale park is a heavily used park and accommodates pedestrian and t ?cyde access for
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z Woodrow Wilson am ematy school and the surround'iog neighborhood.
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j BACKGROUND: This donation has been reviewed favorably by both the Perks and Remotion
t Advisory Board, at their June 1% meeting and the Pluming and Zoning Commission, at their July i
94 meeting. Both the Board and Commission gave staff direction to recommend to the City
~
t e, Council that the City of Denton
accept the donation of the property from Mr. ~ Mn. Adeteson.
IRWRAM& DEPAkTME1173 OR GROUN AFFECTED The citizens using Avondale
ie Park will beodt from this expansion
DIPACT: At the present time, the addition of this property into the existing park
ayetan will not have a fiscal impact on the current budget.
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RESP Y SUBMITTED:
V. Harrel
city Manager
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No ,
E t lit aey o».oa Puk P Unrft CoOn ioetor
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pvU and Reae66en DeWmed 0 RA
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Sxeart "c 1) or for Municipd nOD'rc Devdopme~ sm~
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136. '
DEVONS IRE DR. C '
122.04'
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AVONDALE PARK aa,e9'
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PARKS AND RECREATION ADVISORY BOARD MEETING
~ F_reratlve Session - S: l S P+~
i Regular Session - 5:45 P NL
Monday June 27,1991
a Y,,11 C A Cente Conference Room j~
Agertdallw
MIN[ TEST Agandalt
II. ~t8
Nem m Judd, Chairman
4 MEMBERS PRESENT: To
Doug Chadwick, Member
1 Burkley Harkiess, Member
t STAFF PRESENT: Rich Dlugas, Director of Parks and Recreation j
> Bob Tickner, Superintendent of Parks
Janet Simpson, Superintendent of Leisure Services I
A s j Mickey Ohland, Park Planning Coordinator
Pit Lee, Administrative Secretary
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1 ~ I GUESTS: Dick Engle, Director of Y.M.C.A.
i Myra Crownover, Board of Mectors-Y,M.C.A, i
1. EXECUTIVE SE.SION. E
Executive Session was called before the regular meeting to present several farad donation
ment OffKe by citizens in the i
proposals received in the Parks and Recreation lkpart
following communities:
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Four lots of approximwtely 1.6 acres of land adjacent to AvoncWe Par! his been offered in
lieu of S2.600 in back taxes: City taxes will be waived in the amount of $2,100. Clear title
will be obtained, tad rite Legal Department is working on the contacts which wail it
e is towed on a 100 year flood plain, it
forwarded to the wners. Although th
property ' could be developed with a "Tot Lot" playground. Playground equipment costs would be
`pprox -mutely 540,000, v ith maintenance costs approximately $7,500 per year,
Development of the property would have to be inchtded in a future Bond Program. Parks
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and Pecrution . Department staff will be mating with Planning and Zoning on July 13th,
{
with presentation to the City Council projected for August.
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A 112 acre parcel of land located on the east side of the Avondale area has also been
I, a x
~ r t offered for donation. This area wiii provids Avondale Park with additioea^ open space.
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PARD ADVISORY 130ARD MTG/6-27.94/Y.M.C.A ~;a?C31t10~Q
Page 2 AQ36d3'f
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COOPER CREEK AREA: 9 1/2 acres in the Cooper Crossing area east of Evers Park has been offered for donation.. CPA
This land could be incorporated into the Ifike and Bike Trail Master Plan. The owner has
offered to repair the bridge over the pond, put in an 8 foot concrete trail, and give the
Parks and Recreation Department $1,000 toward maintenance. The property will serve as
a greenbelt linkage and could eventually extend from Cooper Creek to Sherman Dr.
SOUTH DENTON:
Fred Gossett owns 3 1/2 acres of land south of Montecito across from McNair Elementary
Scholl that is part of a residential development. This acreage has a pond and is heavily
wooded which would make it diffrcult to develop as a neighborhood park. It does not I
qualify under the current voluntary land dedication ordinarrx which requires a minimum l
donation of S acres.
The Board directed the Parks and Recreation Department staff to go forward with the
pur.•iits of the Avondale area properties and the Cooper Crossing property, and continue
working with Fred Gossett to acquire more park land in that area before committing to
t.
l any agreements.
U. MEETING CALLED TO ORDER
Dick Engle escorted Parks staff and board members on a brief tour of the Y.M.C,A.
t 6cilitses before Tom Judd called the regular session meeting to order at 6:10 p. m ,
IM APPROVAL OF MINUTES.
Doug Chadwick mationed to approve the May minutes as written, and Nets Staflings i
seconded the motion. All ayes, no nays, motion carried.
IV. DISCUSSION ITEMS:
i
I . Veloa Update (Rkh Dlugas)
GREENBELT PROJECT. Rich presented information on plans to work with the Corps
of Engineers to develop land for public access and recreational use from Lake Ray i
Roberts to Lake Lewirae. These uses InchAe: canoe launching and take out points,
puking facilities, camping sites, and equestrian and hiking trails consisting of
approximately 12 miles of separate hiking paths and equestrian trails linking access points
and camping areas. Three bridge will be built in association with th; trail system so that
I
trails will meander through the nature corridor.
OSPITAB>L.E C~~GLO)UP; The next Hospitable City Impact Group
l meeting will be scheduled t;x We July. Subcommittee reports and disaissiton of
presentations of the impact Group r*or, s to the Vision Cabinet will be among the agenda
s
627pbmin. seam
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liinuces PiS commission
i July 111 1994 AQ3rda'Page 44 tbi3 ))AA n4_
XIII. Acquisition of park land.
Staff report by Mickey Ohland.
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a. Avondale 3, Block D, Lot 24.
r ` The first piece of property is located on the east side of
Avondale Park. It is .45 acres. There is nothing there right
now. The general feeling from the community is that we
already own it, We currently maintain it. The use we see is
to keep it the same, additional open space for Avondale.
b. Avondale 3, Block G, Lots 6, 70 8 and 9.
The second piece of property also abuts Avondale Park and is
off of Churchill Drive. It consists of 4 lots, approximately
1.6 acres, Both pieces are within the 100 year flood plain,
on this piece of property, we foresee it including passive
recreational amenities such as 'a tot-lot, a sandbox area,`
' trees, and a trail for additional access from Churchill to the
park. This shows the four lots with the creek, and the amount
*f trail we would have to put in the new section.
Mr, Rngelbrechtt A bridge across the creek?
Mr. Ohland, Yes, it would be a low water crossing.
r: e, Cooper Glen, Section 1, Lot i, Block 1 in the vicinity of
Evers Park.
Mr, Ohlanda. The third piece of property is Cooper Glen
adjacent to Evers Park. This is directly behind a housing i
development going in along Bell Ave. This tract is approki-
r mately 9.5 acres. With the city developing a master trails .
! plan for Denton, we feel that this could be a valuable link in
connecting Sherman with N. Locust with a trails We foresee
basically a hike and bike trail. in addition to donating the
land, the owner has offered to repair an existing bridge to
our satisfaction. He has also offered to put in an 8 foot
concrete trail from Aell across to the other side, and $1,000
towards the maintenance of the park. The Parks and Recreation
Advisory Board along with staff recommends approval.
Mr. Engelbrechtt Are you planning to increase the parking at
Nottingham?
Mr. Ohlands Right now, no. Staff has discussed it, if
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Minutes Pis Commission Aga dalfa
[`di3
July 13, 1994
Page 4s
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needed, that could be an expansion.
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Mrs. Russell: I would like to see that happen, that is a nice
green field over there and they are suppose to ride their j
~33 bikes to the park anyway. `
Hr. Engelbrecht: With regard to the second parcel, the owner
is willing to dedicate the property to the city and take a
personal judgeauu►t for the DISD and Denton County Taxes, if we
take this property is DISD going to have a hard time getting
r funds?, t
f Mr. brakes it is possible. I don't know what the facts are
with the DISD or the County.
Mr. Engelbrecht: Have you talked with DISD?
Mr. Ohland: I haven't but Mike Bucek has been working with
t: the owners attorney in drawing up the contract.
Mr. "albrecht: I would like to know precisely where DISD
stands.
Hr. Morton: Could we make that a contingency?
Hr. Engelbrecht: Any questions for staff?
Drs Huey: Could I ask about the planned pathway and the low
r water crossing? How low is that?
Mr. Salmon: According to our Flood Plain Regulations it will
have to be low enough that it does not cause significant
obstruction or high enough to completely span the crook.
Dr. Huey: Why that direction instead of a bridge?
Mr. Ohlandt I would gero,rally think it would be a cost
factor.
Hr. Salmon: The problem with bridges and low water crossings
is you either have to do a pretty minimal thing or cross the
whole thing above the 100 year flood plain. If you try to do
' something in the middle, most of the time you are going to got j
something right in the middle of the flow. I
i
Dr. Huey: I would encourage you to make it gradual.
Mrs. Russell: Are you familiar with what is there now?
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~eeadaNa
riiautes I&$ Commission
r July 13, 1994 Age Cdal
Page 46
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Mr. Ohland: Yes.
Mrs. Russell: There is something there that you can walk
r {Y'" across so you don't have go in the creek.
+ Mr. Ohland: We will have to make it where the slope is
handicap accessible+
Mr. Engelbrecht: i want to command the parks department for
f 3a their work.
Mrs. Russell: This second piece of property is wonderful.
Right now people hike through those lots and go through the
somewhat irregular low water crossing rather than having to
1 walk around.
r Kr. Enysibrecht: Any other questions, for staff or a motion?
ti.•
Mr. Cochran- I request we take all of these a one motion. I
it? move that we approve acquisition of Avondale 3, Block D, Lot
n"r 240 Avondale 3, Block G, Lots 7,6, and 9, Cooper Glen, Lot 3,
r' Block 1.
Mr. Nortons I second.
41 1,
Dr. Huey: With the provision,of the tax..?
Mr. Cochran: Provided it is coordinated with DISD.
Mr. Nortons I accept that revision.
Mr. Drake: If you put all three of those together and you
x-'•. Y,~ find out all is not well with DISD, do you want all three
coning back, or just that one.
Mr. Cochran- I move approval of acquisition of Avondale 3,
Block G, lot 6,7,8, and 8 with the proviso attached that their
is some accommodation made with the Denton ISD and the county
q. { concerning the taxes in rears.
Mr. Nortons I second.
JAPE q i ' ! `,t,~."` Mr. Engelbrecht: It has been moved and seconded to recommend
approval with the proviso that the school district and the
' county pass off on their judgement. All thorq in favor? This
motion carries unanimously (6-0).
~Y Mr. Cochrans I move we approve the acquisition of Avondai4 3,
" Block D, Lot 24 and Cooper Glen, Section 11 Block 1, Lot 1.
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kibutes ?F3 Commission Agafd 1@I i
July 13 ,1994 patg
Palo 47 qa~a
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r^ Mr, Coopert i second.
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i Mr..Bngelbrechtt It has been moved .and seconded to approve
thsacquisition of items a i c on our agenda. All in favor?.
sf.'~e Motion entries unanimously (6-0).
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AgandaNo D~8
AAerd Ite
ORDINANCE NO. LL3s0.
AN ORDINANCE ACCEPTING THE DEDICATION FROM R71;HARD ADAMSON AND WIFE
OF. LOT 241 BLOCK D, OF AVONDALE ADDITION, SECTION THREE, IN THE !
CITY OF DENTON, DENTON COUNTY, TEXAS FOR PUBLIC PARK PURPOSES AND t
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS:
10
( SECTION i. That the City of Denton, Texas, accepts the
I dedication of Lot 24, Block D, of Avondale Addition, Section Three,
1 in the City of, Denton, Denton County, Texas, as offered by the I
warranty deed for public park use executed by Richard Adamson and
wits, Sherry A. Adamson a copy of which is attached hereto. i
SECTION ii. This acceptance is contingent on that Mr.and Mrs.
# Adamson being responsible for any tax liability that accrued to the
subject property prior to the acceptance of this property by the
City.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994. !
r;
BOB CA "LEBERRY, MAYOR
ATTESTi i
JENNIFER WALTERS, CITY SECRETARY
BY:
J APPROVED AS TO LEGAL FORM:
%j DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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AoendaNo aw -o%
AAa4~1to
*AARRWY DEED } o~ ~a
Date: October , 1994
Grantors Richard H. Adamson, and wife, Sherry A. Adamson
Grantor's mailing address:
r ; (including county)
i 2316 Salado St.
Denton, Denton County, Texas 76201-7952 j
Grantee: city of Denton, Texas
i
Grantee's mailing addreass
(including county)
j
215 E. McKinney
Denton, Denton County, Texas 76201
Consideration: TEN AND N01100 DOLLARS and other valuable consider-
tition.
Property (including any improvements):
Lot 24, Block D, of Avondale Addition, Section Threat an
Addition to the city
plat thereof recrof Dentont Denton ded in Plat Records of yDenton gCounty, Texas.
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Reservations from and exceptions to conveyance and warranty:
This conveyance is made subject to all valid and subsisting
easements, restrictions, rights of way, conditions, exceptions, i
reservations and covenants of whatsoever nature of recorit if any,
and also to the toning laws and other restrictions, reg,ilations,
ordinances and statutes of municipal or other governmental
authorities applicable to and enforceable against the above
described real property.
zrantor, for the consideration and subject to the reservations
from and exceptions to conveyance and warranty and the acceptance
of this dead by Grantee by resolution or ordinance approved by the
city council, City of Denton, Texas on or before December 31, 19940
grants, sellr,, and conveys to Grantee the property, together with
all and singular the rights and appurtenances thereto in any wise
belonging, to have and hold it to Grantee and Grantee's heirs,
executors, adminlstratcas, successors, or assigns forever. Grantor
j binds Grantor and Grantor's heirs, executors, administrators
andsucoessors to warrant and forever defend all and singular the
property to Grantee and Grantee's heirs, executors, administrators,
successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the
VAAAA!! T DEED, PAU 1
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aga~tdaNo
Apda't~
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Dula,
" reservations from and exceptions to conveyance and warranty.
f
When the context requires, singular nounis and pronouns include
the plural.
Ric a d H. Adamso
She ry aason
STATE OF TEXAS 9 I
COUNTY OF DENTON S t
is Instrument was acknowledged before me on the day of i
{ f' n~bet 19940 by Richard H. Adamson individually.
I !
1 E wrewest ,a~
Woom C. VOWA R.
r„ak.wuw~un Notary Pub at State f Texas j
Kj, Ana, by [o•9A ~ I
STATE OF TEXAS S I
°4MI l~ice' e
l 4 7
COUNTY, of DENTON f
This instrument was acknowledged before me on theJ'~day of
~'b<~ , 1994, by Sherry A. Adamson individua ly.
{ i} 1 Wi IT C. vfml if. 10111
IMby►r6icsl+"dr°" Notary Publ c, Stat of Texas
f of comm. 46 5.23-44
After recording return to:
City Attorneys Office
r; City of Denton
215 E. McKinney
j Denton, TX 76201
jx Y r .z , .
y~
44
i
*ARRAM DssD, PAGE 2
AAi
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COUNCIL-'
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ApendaNa qy -038
' Apeadal S I I
9M COUNCIL ?4PORTPORKAZ
DA'tto October 27#-1994
TOi Mayor and Members of the City Council
PAOM1 Lloyd V. Harrell, City Manager
8V8JtCTt Sped Hump Policy
• "1
Approve Speed Hump Policy ordinance
, s
Has been considered and approved by Traffic Safety Commission in 1993 and 1994
with a successful "test sites at North Lakes.
' Concept is 30 + years old. Dallas
statseents ebaaged to Denton. policy is basically copied except for ID
MUM A ORPA02MOTM OR GROUPS APftCTEOt
4
Traffic lnforceaent, Police, engineering o Transportation, Citiaens, and
Neighborhoods
P1WZL IMPACT
N',
42'se hump cost apppproximately $1 000 each to build. each neighborhood will
r request Z-4: it a ainiseu. Thoce in the com areas are at City cost, we need to
~ C151b relseDu
7 ssesent or licit the yearly expenditures of funds since they cam
out of street paving accounts.
r ~
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may, ,
' Sr r 'a 1., v P• arse
City Manager
Prepared bys
rev ar
Approvedi
c Jerry CA&z
Di r o ineering E Transportation
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MY of paNlTf,, TEXAS MUNICIPAL BUIL DING # 215 E MGKINNEY @ DENTOk fEXA 76201 `
(8 17) 566-8200 0F W METRO 434.2529
.11
DATZt October 36, 1994
TOt Rick svehla, Deputy City xanaysr
fROK~ Jerry Clark, Director of Zngineering i Trans nation
8U8JZCT~ speed Hump Policy
This policy was first reeeiwd by City council on October 13, 1993. The Council
I reviewed the design and premises for operation but felt that a test section was
eomajor
E appropriate. The worth [ekes Neighborhood A+sociatton on Parkslde and the maor
I Green streets was selected based on complaints and the proximity to
recreation complex and fields.
The neighborhood was polled to see it they were interested la November 1993 with
901 in favor of the trial site. A map is attached showing the location of the
humps, you were also driven over them on your CIP tour this year. This trial
I'
went from January 16th to August 30th, 1994. This final poll, basod on actual
trial results is as follows
69 favor
8 Opposed
4 Vacant, 1 Uncommitted
This approval is 811 which is a Oil majority which meets the Council's
requirements,
Staff has also observed relocation of traftio thals are i ev mucky shor as per o
Windsor (aided by recent 30 mPh speed limit), Speed swer
! residents and staff observat on. The bumps force drivers to slow down to 25 mph
and 30 mph for a smoother crossing.
Staff recommends that this policl be implemented based on positive experiences
j in Dallas, Richardson, and considerina that other cities in this arwa are
currently considering speed humps. We oo not have adsquate police manpower to
regularly arly ppatrol these itotbom areas 44 sours a day. A phyilcal barrier that is
i The humps have a unit cost of $1,000 each. As pot the attached CDBG area map,
humps. The city council should
most of Denton will be eligible for tree speed
consider a fiscal limit of $10,000 or at most $30,000 per year since the funds
will coos out of stzwt maintenance. We may also want to consider establishing
a line item in the budget specifically for this program.
Jerr +r
AXZ0044A
"Dedicated to ¢ualiry Service" .,o
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~genAaNa
~a1ardaite
EXAM 762U 1
CITY of DSNTOMr nos MUNICIPAL BUILOINO / 213 E. McKINNEY / DENT
~SIIWAAI~DV%
s, ptaraber 9r 1991
Dl+Ttt Manager
rick Svohlar Deputy City I
Toy lneeslnq i Transportation
Jerry Clackr Director of Sng
TAOKI City council Approval
sV6J1<Cte Itoad Hump Policy -
o! the rose, hump policy currently used
rpposing adoption on natio~taI input and other cities
The City of Denton is p policy roil as a Denton
by Dallas' rdinance is based
Dallas' o
ti experiences. We made a few minor adiustmente to make the esdlnancs that can be enforced. All Malec
is the ruler tra!!lc complaint thra19hcut the City' 4
Speeding lain about the exact Lesues that this seems to adEcoes. These L&l t@ that
thee local. St pee *to who
noighbochoode comp es through tr;flo,ad 011, own
road humps tend to roroats t i ct of tho problos-
should be on collectors or as;c~. Pa They
ass 7&rt of the neighborhood and ethos options exlet but this is the meet cost of a olfieerrhe The cost o!
Several po lice traflLc enfocceme sty modiflcatLane.
1. Hirlr-q >o~c]r Includes pollee and court SY
this app o"sgoncy vohicle
Streets which limits
Disconnecting access.
responses end This tions. TcatlLo Circles - islands at lnterpc
Concrete k1ly C
but us"' ncrete/lindie+pLCSS
ln9
1. approach slows tealtia at ~ntaad m lee o
aequLsitioo of rLght-of-waY
costs and saintenancs-
stci ht Cns not Address
4. for now "b"112 cast licit long 1 data
have residential fcontago.
exlstls►g probldfil2s
,
were Ineffective with
_U018 strips but they and susceptible to I
2ayin attacrod permanently
1 S• rile rLiedt., 6%4,1,96
theft- it 014016, The method of
will addceee the sperm s completely where not
whore the
S will d's to fund the hl nq
We teal that this ordinance ineruNS to Tretsntlcs the COSO City area would
i approach also forces n0L4
warranted by eadalt studies but unacceptablt appcaved ae presented.
speeds are documenasilablloi by the City
have loot funding in 19ss. since them the have
it at Dallas started to instill cord humps scent 120400
L 7 blocks of resLdentlal stheewsat a coedscost d a Sfiise in
Tho c y sD road humps on S r city block. They lq scent Lnec
installed
Colt the" SuccessLvs toad humps p•
decreiee In accidents, thestreetse* results Ln only a pe
traffic di
8f 7/666.8200 01FW METRO 431.2628
.
owl
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r,,f`.^'tk.d~^:"SSY: Sf.rM,;~•y1 ~'.'is R:.V.•~..,.._,
~81l~idNO ~(.Jl
Itlck evehla QBaOdait9
Road " Policy tbEd
page 2
*Lna11yY, these humps would negatively impact the eeroet,divnsL~is* udgeta in a
minor fiscal manner and somowhnt more personnel and egu p••
We (**I this orneo will be a potLtive step tonsdda`s~ess~ucationbateagrowth will
only increase as Denton grows. Denson' employmo
greatly offset this issue-
lineeeely,
VrZ a .,'Y r ro,Je nginesring i Transportation
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i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
j ADOPTION OF A POLICY 'FOR TF9 INSTALLATION OF DEVICES TO SAFELY
1 REDUCE VEHICLE SPEEDS ON CERTAIN TYPES OF STREETS/ PROVIDING FOR A
F SEI ABILITY CLAUSE! AND PROVIDING FOR AN EFFECTIVE DATE.
. WHEREAS, the City Council of the City of Denton, Texas, is of
the opinion that the installation of certain devices on streets
will promote a sate reduction of vehicle speeds; and
} WHEREAS, the City Council of the City of Denton, Texas, desires j
to adopt a policy for the installation of these devices in conjunc-
Lion with citizen participation; NON, THEREFORE, f
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
JECTiOii I. That the City of Denton hereby adopts a policy for
the installation of road humps on certain residential streets, a E
copy of said policy is attached hereto as Exhibit A and incor-
porated by reference herein.
SECTION 11. That pursuant to the authority provided in DENTON
TEX. REV. ORDINANCES, sec. 18-3 (1991), the 'City Engineer is
directed to implement this policy and is authorized to install road
hump devices on certain City streets pursuant to the provisions
contained in said policy.
That the provisions of this ordinance are
separable, and the invalidity of any phrase or part of this
ordinance shall not affect the validity or effectiveness of the
remainder of the ordinance.
sECriott iv. That this ordinance shall be effective immediately
4
upon its passage. l
PASSED AND APPROVED this the day of , 1993.
t
BOB CASTLEBERRY, MAYOR
i
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~ga;idaNo,
Agani 't
Stara
ATTEST: I
JENNIFER WAVVIRS, CITY SECRETARY
r a a
Sys
APPROVED A9 To Ix"L FORBs
' ' . ' DlSR71' A. DRAXOViTCN# CITY ATTORNEY
,t e
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Agenda No c(t4
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MY OF DENTON
1
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ROAD HUMP PROOF"
r FOR RESIDENTIAL STREETS
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DOA~Illltfl 0# M2 lm?W & AMpWATW aff VAM D>QR'0i1.'1' W 74201 INIA NONE IM 566" `
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'TTY OF DENTON ROAD HUMP PROGRAM Agudah y
The Clty of Denton receives many complaints regarding speeding vehicles o(r~
residential streets. Many residents have concerns about the lack of safety for
their children and their neighbors due to this problem. Police enforcement
remains the most effective means of dealing with speeding but their limited
resources means that they cannot cover all the problem locations at all times.
In response to this concern, the City has develope3 a Road Hump Program to
minimise speeding and encourage traffic safety. The Program provides an
opportunity for residents to participate In a process that leads to the
installation of road humps. Hers are some HIGSLIaHTS from the program.
I
maT I I A AM HUMP I
o it is ML the typtc►1 bump you see in a shopping center parking lot.
o It's a pavement odrirlay placed on the roadway 17 feet in lenirth, about
3 inches high and extends the full width of the street from cuss to curb.
The ends are tapered to be flush with the street at the curbs azA gutter
to allow water to drain. Usually several are placed along the street,
now CO= My STe=RT atCO M KLIOIMjt
{
o A petition supplied by the Department of engiaeering and Transportation
is needed signed by at lust two thirds of the residents in the petition
areas
0 only streets that generally have low density residential uses with not
more than one moving lane of traffic in each direction ors eligible.
o The street cannot be an identified primary route for emergency vehicles
or listed on the Thoroughfare Plan,
o current measured speeds of vehicles must be 36 mph or greater.
WN,te RSePON9TES~ 'Pal COST Or no ROAa MR IMaTAI.OHt
o The cost may be paid byy the residents or shared with the City according
to bow such of a speed ing9 yyrobles there Is on the streeto
o The City will be responsible for the full cost If the street is located
in a community development grant block area.
o streets that request City funding are ranked according to their speeding
problem oa an annual basis, If the City's available funds for this
program are not suffic' ent to install road humps on your street in the
first year, it will remain eligible for 3 additional years. Howt"u, In
each of these additional years, your street will once again be ranked
against all existing and new requests for available funds.
f HOW Do 1 nO AMUT tTTIN WAD Hide INaTALLtD!
o Call the Department of engineering and Transportation at $66-8361.
o A meetini will be scheduled with the Road Hump Coordinator to provide
full details on the program and to outline the petition area.
{
AAA0181T
gentlaND.
a 1
,gentlaa~rtl r
•►.temat,i TION POLICY g;t l
11. OBMtRAL
3
Road humps are an effective and appropriate device for safely reducing
vehicle speeds on certain types of streets when installed in accordance with
the provisions of this'policy.
In order for road hump installations to be effective,'they should be located
selectively in accordance with defined transportation engineering criteria
for the purpose of ameliorating documented speeding problems. Proper
installation will also minimize driver frustration and encourage safe
driving practices.
This policy promotes reasonable opportunities for residents and property
owners most affected by a proposed road hump to participate together sharing in the
races* that leads to its installations It also
cot between the City and the neighborhood under
!certain conditions.
" 8. DBPINMOn6
for the context of this policy onlyi
A"LICUION for road humps include the petition)
14" DMOM 2"IDYMI'IRI. D"=INOP include single-family houwo tovnhousesr
duplexes, teiplexes and fourplexes)
s ROAD UW is a geometric design feature of a r )adway, consisting of a raised
ares in the roadway pps-ement surface extending transversely acrobs the
travel way, whose peia.." purpose is to reduce the speed of vehicles
t, traveling along that roadway)
•PMM are sstl percentile speeds)
/i'trM refors to the tree length that must be petitioned. It is a 10000
feet ~~eegyrreent generally centered on the loeatton of the humps, or the length
of the block, whichever is greater, It the 10000 foot segment extends into
any part of an adjacent block, it Includes the entire length of the adjacent
block, unless Separated by an intervening thoroughfare, traffic signal or
offset intersection.
O. PLI626ILITY R2QUIP2MIa
Ml of the followinq criteria must be satisfied for a street to be
considered eligible for road hump installation.
PlL1LLsa
reeLde tial mLai" of lings on the street support
households in laow documents that a
its installation.
I, *M•tion of i'he street,
on t h* Street where the road bump is opoaed must be
area
The
~ composed primarily of low density residential dwellings.
AM01B11
c ..,UL
AgeadaNo 5
Apendahe ~ 2
Date ti ~3
3, Operational hax s lsttce OL the Street
a. The strut murop on (loalprovide
residenti l street) laannd~ r to
collect residential p p proportion
traffic for such st:osts (residential collector.
b, Thera must be no more than one moving Tans of traffic in each
direction.
C. Traffic volumes must be more than 500 vehicles per day but loss
than 6,000 vehicles per day.
d. Vehicle speeds must equal or exceed the speed of 35 miles per hour
e, The street must not be an identified primary routs for emergency {
vehiclesf this refers to a route that is heavily used due to the
proximity of the emergency vehicle facility. These routes are
t subject to t-hango.
to The street must have a s1 esd lLr.tt of 30 mph as determined in
accordance with State Law.
6, etzie Characteristics Of the strost
a. The street must have ad at* sight distances to safely
equtscmined by the Department of
lccioNs at* anthe d Transportation.
b. The street must not have curves or grades that prevent safe 1
placement of the hums. Rumps may be located on streets that
contain turns and/or grades, but the hump iteelt swat not be
vertical grade greater
to at e64 or on d within here riimmediate zonta •ppsoahet.
as The street must be paved. It there are no curbs, a special design
must be used to prevent vehicle run-arounds.
d. The elevation of property adjacent to a hump location must be
above top of curb, as determined by the Department of Ingineoring
and Transportation, to minimise potential flooding due to the
presence of the hump in the roadway. s
D. COST RISPONSISILITY
The cost for the road hump installation (tncludlnq signs, pavement markings
ando It naeessaryr special design features such as curbing or guard rail)
may be ebuod between the City and residents according to how much the
ction 0.d. This cot sharing exceds is dftnesdsaasfollowi~ria as defined In
toe: 6RARINO TASLI
65th PBRCINTILI SPUD RISIDINT'6 COST SRAM
35 mph 1001
36 mph Sod
3'1 mph 60•
36 mph 60%
39 mph 20t
>39 mph 0•
~ AA1►01811
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gendaNo.
agenda to
For n street located in a Community Development Block Grant (CD86) area, th
cost responsibility of thu residents is at, regardless'?bP -the
speed. The cost for transportation engineering studies and maintenanre of the road hump is the responsibility of the City. The term resident, when
used in cost sharing, does not necessarily refer to the petitioners. It is
used to define the share of the cost that is not the responsibility of the
City and could be paid by one or more of the residents or from other private
sources. Notwithstanding the provisions of the foregoing cost sharing
table, residents may be able to expedite hump installation by voluntarily
paying the lull installation cost.
i
B. ROAD HVHP REMOVAL AND ALTERATION
The process for road hump removal or alteration by residents is the same as
the process for installation, except that there is no City participation in
cost sharing.
Y. ROAD HUMP LOCATION
A road hump must not be located in front of a property i! the occupant l
object* to its placement or, in the case of a property containing low
density multiple dwellings, if a majority of the households on the property
object to its placement. rulfillment of this requirement is the
responsibility of the applicant(s). i
0. DESIGN BTANDARDS AND PROCZDVRES
The City Engineer shall prepare and maintain current design standards and
installation procedures for road humps in accordance with this policy.
H. REABBESSNENT
The City staff will reassess this Policy on an annual basis for three years.
The first reassessment is due oea year after the installation of the first
road hump under provisions of t',is Policy. The Traffic Safety Commission
and City Council will review and ressaess road buoys annually.
,t
1 AAA01817
r
age {
AgsaCaNo '!=64
4
PROCEDURES FOR ROAD UM INSTALLATION Age dalt8trj 1
Da t0 I n- k
1. The initial request for the installation of road humps must originate from
the residents living on the street. A request in writing from a resident or
representative must be forwarded toe
Road Bump Program
Department 09 sagireering and Transportation
City Ball, 21S E. xcRinney
Denton, Tosss 76201
2. A praliminaky determination of eligibility based on available traffic data
will be made in a timely manner.
A. If the street Is determined not to be eligible the applicant(s) will be 3
notified in writing giving the reason.
6. The decision may be appealed in writing to the Director of engineering
and Transportation within 15 days of the notification date. The Director 1
will review the determination and respond to the applicant(s) within 30 7
days of the appeal request.
CO If the street is determined to be eligible for consideration, a meeting 1j
will be arranged between Vis applicant(s) and staff to define the
location(#)ewould be lnoa Cammunitd velo ton range and whether the
y D pmen meat Block Grant (CDl0) area,
The applicant(s) will be inatruoted to submit & petition indicating that 1
a ainimue of two-thirds of the low density dwelling households on the
street support the installation of road humps as provided In the Road
Rump Policy. Only petition forms supplied by the Department of
" fagineering and Transportation or exact duplicates may be used for this
purpose.
3. After verification of the petitions, the ropartment will conduct the
necessary transportation engineering studies and solicit comments and
recommendations of other agencies. A determination of the street's
eligibility !or road hump installation will be made in a timely manner,
j based on the Road Hump Policy.
A. If the street is determined not to be eligible for road hump
Installation, the applicant(s) will be notified in writing giving the
reason.
6. The decision may be appealed in the same manner as in section 2.
C. If the street is determined to tad the street will be placed on
a list of streets eligible for road hump installation
The Departmsnt of lagineering and Transportation will make a determination
of the total installation cost and the cost sharing•responsibility of the j
residents, If applicable, according to the Road Hump Policy.
S. Once sli9lble for road hump installation, owners of real property lying
within the notification area will be notified cf the action by the
Department of sngineerln and Transportation. The notification area
consists of the area within 200 feet of the boundary of the street. The
wasuremsnt e! the 200 feet includes streets and alleys. The notice will
include a return fora to indicate sup.ort or objoetion to the proposed
installation.
6. If owners of 20 percent or more of the real property within the notification
area object to the installation within 30 days of the notice, then the
street will be removed fzaa the list of streets eligible fgr read hM
installatLan and a ppuublic hearing will be scheduled at the City Counatl.
xotlfica of the Caring will include the applicant(s) and owners of real
property within the notification ores. In addition, a reasonable effort
AAA01617
.
Fill ~
~gsadaNo a 71
Agandaltem
Data 11
w ill
and made areao nenotify each low density ighborhood associations of residential
a
the n public hearing.
1. If owners of leis than 20 percent of the real property within the
notification area object to the installation or the City Council ■ppraves
the installation after a public hearing, then thetDepartment tofaenrav edrfor ,
and Transportation will place the street on a u.
road h•~ lMlallatien.
g. Depending on the method used to pay for the cost of the road hump
installation, either Section Sh or section all will aptly. section SA will the cost apply if there is no City p rlvatepfundin ) th 8■ctioa Se.will
applywill t
fully Did with voluntary p
residents request any City participation in paying for the cost of the road
hu-p installation, if that option is available under Section D of the RW
!lump policy.
A. Once a street is placed on the list o! stretr eooroved for road hump
install tjon, the city will submit a statement to the representative of
the residents for the cot of the road hump installation. Upon receipt
of payment of the cost, the humps will be installed as scheduling
permits. It full payment has not been received within one year from the
t o! streets
re~vedp if anyp
AR raved [art zoadhhu mp installation anted vall gmoniram
returned to the payer,
i
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G
s, (11 The City Ingineer will submit a report on an a.,aual basis containing
a i■t e[ atr"t soorov A !or road home inatalltion that require City
i funding, either in whole or part, la a request for funding to tae city i
1 council. The report will rank the requests is an order of priority
determined by the following calculations
RAnINO ITM VALUS
1 t vehicles exceeding traffic r loe C riteria I daily
2 institutions on streeet ((mmaxima chtirchho or
of 2) 150 ■
i
t of petitioning households on street
requesting humps 115 ■
{ number of 2rioid is 100 In precious
RANIINO SUX (1+2+3+4) ■
(2) The street yielding the highest numerical valas from the above suasution
the
will be Considered to have the highest priority. The streetrWit, with
earliest application date will have the highest priority among
the sane susmation value. The report will contain the above ranked list of
streets anoror [er road h liallont together with the speed,
vehicles per Aay, ranking sun, w etber the location is in CDSO area,
estimated instsllatior 'a tat city's cost share, residents' cost share,
application date, pa•oent due date and cumulative City Cost share, The
report will additionally lit +11 road hump requests subsequently dimpled by
does not receiv
eDirector
in additionn to n pendam$ ing requWsti h street that provisions
9/ and 38, e
road hump installation funding approval will automatically be considered in
the following now iequest for and petition a maximum are raaquirednal years. After that time
piorLodo (2) When a budget amount for road hump installations Me boon approved by
the City Councilp the Department of Inyinsering and Transportation will,
"A01817
F
~en0arro. _r Q lip
starting at the top of the sankinq list and roceedinq ,
determine which installations will be funded from ddg '4 0 Re resentatives of the applicants for all
aooroved roi6~tP,budgeted amount~ `a
yeawearl. be notified of which sequsst8 have been funded for the coming fiscal
}
141 Installations not included in the group to be fumed can be approved It
their full installation cost (including the City's share) is vuily
Paid, as provided in Section 871, olunt
(6) It City funds remain attar the determination of which ingtallatioa will
b
them* e funded from the budgeted fund n or it allocated City funds become
available by non-paywnt of invoiced amounts under provisions of Section S,
g anked non-funded
installatn onat)asbranking list, Shoe fund@ b. insufficient to
cover the City's ppoortion of that installation, and the applicant(s) do not
vent to velunteri1
available towards the second highestrranked theme funds then
ranked llst7 then the third higheatj and so forth.
on the
j i6) The City wi:,l submit a statement to the representative of the residents +
tole any cost based on the provisions of the Road Hump Policy. It will list
tL4 total cost, portion to be paid by residents and the
by the city, Upon fund! pp P• to be, paid
s,an, the huips will be installed as echedulinot payment o of tf the e residents'
residents' share, it any is required, has not b*on received w ?t in one year
9V of 'h*
from the statemnt date, the street will be removed from the
edto _read h pro in■c iiliisht wd,
to ~ rea+
a returned the payor.
and all monies rec etii any,
y
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ROAD Hump PETITION
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~ The Undersigned hereby petition for road humps on between and
I understand that signing thLs Petition due not oblLgate me to financially participate in
tMls coat. I also vndereCsed that the provisions of the Road Kamp Policy contains provisions for sharing their
f installation cost between the City and residents and that the road humps will not be installed it the residents' share is
not paid.
Saturn petition forma toi CNead 8aspProgra OoertornDon rtm nt of ngineerinq and Transportation
111' 215 to NcXLnneyp OX TO INSTALL
IN FRONT OF INSTALLATION
ADDRESS Ma IPrint) SICNATIJRi PHONS RZSIDRK COST
AMOUNT $
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WHO IN TO CONTACT DRUM MR THIS PJD"STP ADDReSS PNONS
Yi it
FUMS AROORD ALL UMOCCUPIRD jVkCANTN DnLLINOS IN TNS PtTITION AM AND Is THM US ANY SCHOOLS, PAW
INSTITUTIONS ON THS STRUT, TNAML YOU.
AAAO1619
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ROAD RM VR TXTIOR
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and
The Undersigned hereby petition fur road humps on between
I understand that signing this petition doe not obligate" to financLally participate in
their costs I also understand nbat the proviato" of the Wed Hump Policy contains provisions for sharing their
installation cost between the City and residents and that the road humps will not be installed it the residents' share is
not pa ds
x,. Relurs petition forms toe Road MAep Program Coordinator, Departmant of Engineering and Transportation
City 6a}.l, 216 Es RicEinney, Denton, TZ 76201
}
OR TO INSTALL
IN From or INSTALLATION
ADDRESS NAME (print) SIGNATURE PHONE MY REBIPENCE COST PLEDOE
(please initial) ARIOUBT 8
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iNRO Is THE OONTACT Pans" MR THIS REQUESTT ADDRES8 PHONE
PfdAS2 RE00" ALL UNOCCUPIED (VACANT) DME6LINGA IN THE PATITION AREA AND IF NARE AAA ANY SCH001,80 PARKS 6
INSTifenzONs oN THE 67 uT. nANR You. ~`J7
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~Aendaho
Agondalte
REPORT ON USE OF SPEED HUMPS late 1,
Te institute of Transpo,tation Engineers has published a study on the use of speed humps
for control of speed on low•volume residential roadways. The research is summarized as
follows:
a Traffic speeds are decreased at the humps and at locations between properly spaced
successive humps. Speeds of the fastest drivers are affected as well as those of
average driven. A single hump will only act as point speed control. To reduce
speeds along an extended section of street, a series of humps is usually needed.
• Speed humps often divert traffic to other streets, especially in those situations where
a significant account of traffic is using the street as a shortcut, detour, or overflows
from congested collector or arterial roadways.
ss Speed and .;,fume modifications caused by humps tend to remain constant over
I time.
■ Speed humps have not been found to pose a traffic safety hazard when properly
designed and installed at appropriate locations.
■ if the humps are successful in reducing speeds, there is probably little net change in
avoiding road noise or possibly even a reduction in noise levels.
tr Adequate signing and marking of each speed hump is essential to warn drivers of
speed hump presence and guide their subsequent actions.
j ■ A need to slow for speed humps tends to have a negative impact on air quality and
energy consumption, assuming traffic volumes remain constant.
I Large trucks, buses, and emergency vehicles must pass over humps at relatively low
speeds or significant jolts to the vehicle occur, as well as discomfort and more injury
to occupants, and jostling of cargo.
0 The majority of local street residents normally support speed hump installations and
endorse their continued use.
ME surveyed several locations in the United States and In other countries where speed
humps were unsuccessful and ultimately were modified or removed. The factors resulting
in the removal of the speed humps include the following:
Resident dissatisfaction with the hump design and its perceived inability to
j dramatically slow vehicles or reduce traffic volumes to a desired level.
a Local policy decision to favor traffic circulation needs over residential quality of life
concerns.
r Undesired traffic diversions to other residential streets,
4 Aesthetics of the humps ahd associated signs and markings.
' ■ increased noise level at the home caused by vehicles rocking and accelerating and ,
decelerating.
■ tnipazu on street maintenance functions such as sweeping and snow plowing.
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A~~.-,1~.•.f5. pi
Even a Lowly Hump Takes Good Engin
er_, ti
! r10 Il l rv:Jur: / ~
ern EJln.r F• L JJJ
11 reer, jo 10 a is at trouble to and I0^l-wheel b»e ven.cles. fa Irce and jut ,ri injured."
.let roads mocill But lately nample,may tea be loudc+ndi- So far.ho.eer.mereappearto
It and more ne'anb,mordv .n• Jilts tor humps. A fire ruck of no ucceWul a.,wts. ITE
JcJ b. •ceede+v hat a :yen a.k• . rri over ale All a nuamal pace." air v it loured to tv.dence ,nd.c+t- j e
~tm :u aJJ a hump G,wnta •Jyn. 'and found that the Irl IAAI ,peed humps hate caused -
l l ma. nut hi a„erple As d ie,dmi akcl Drop .ortse.elH,n or conmouted to xc,demts or in.
.,J, Spoil hump,-a, rip. Ito rrAme a the trick." heaved accident rate,. In fact. d4
,red to me , miner. mtTr Jra,trc On :tee ~lher Said. David it lime\Jma lend to stow the
.rip,-ore ~nt•uW'l1v in :he 'i,co Jerno, A .rAn"a oIterations rite to hems wnlt, in or decre:.•
,Ja ,r PE, it l.cd n ludic end veer in Seminole County.' Ong, r
•pneerml .no muH Drm{rotht Fla ..noorfen anew.ti+o-ropped In northern tires now re. 1
.,ion of tenor,[ tow.profde Je- Jt,ryn um Jrodual approach". a.oval can affect policy. Oppo•
, .,Mme of the •Amr •k,lt," ,As s he lotted rite mo ks on n. teems of peed humps chary[ that
J'mtnl meeJeJ in pudding bred- They pa„ed oteryune w ell. he the raised markers vomrnnces
mJ D. jh.ay,. ode. In addntan. he taus a pub. plxtdneucurM to Pnvem'yut-
C'eany ou mm!, c,uv ;lmnl lined triltil l by ant public ter turmoil"--lri.ing with one
a,t end+rltn .ndil rc- .nrks JMrecior in his vmnlr W. .hell to the lutler,oavoid dow•
C' w,w, aJds to as pollution, kno.tedlmg Chia uumps do tea unl down-allerterse *11r varWUs
+d irnarilty make, mares under d.m.nrsh emergency vthicles' n• mmnlrnance actav.lie. Maybe so.
rablt W Intel So Vhar's the vporl pre. but the harken aren't essential
miry rnv on giving rated Di In details go car in mho- and the humps art George
mp, thr green I'll' cre l commuter acceptance. Frinlol mffic enl.neer of How.
NSPE member Paul G.uma. Rolltrccul ride an a mnsance, and County, Md., are "only a
t, imi'veer of Ve.lon. Mas,.. but 0nh alciv and comfort is minor ripple in the road as far Asa
v rd out. hen the otw. board of mind,%i; oil no 'a) s his , pill ncoplow tsconcerl
Jtmrim, having Approted ,ev• ran be iraw,ed A mph, Obstacle Count
rat re,Iuan lor humps, cla,hfd 'W'e did will Hud,es, and the
„th the 'ralfle commtwon. peed, crowd the hump very lfamterencnssue themselves
M h,tn ~ippv,ed them. ctoval matched the •p"di be• may present An obstacle course.
klwh of the dr bat revoked teen humpshe Poems out. According to lTE, hump, should
nwnd wfuvh Hindards to wise 90141 unto 1lhty tanbecom• attend fully Across to stead from
I le netor ,een inv juid,IlMS erg very uncomfortable Cor) cur to cur. But this isn't al MpgoofaftlnM6rqAfter! apaedfkampd*wV, a'anre-0ur
•,•m ,ray of the prorc;,ionil a vo• 'few" lea,ble because or drainage cos Jr I Colo. ma4tawn SWV can M AOW 1000 ORM sod ated:atrcaM
ill n, I'm unsolved 0dh, or any cel ns, ''In a heart torn snue. w om w o" teeny"M hsxnpe cars owli1 up end/.
I me ederal tar wale agencu Dhenfon lion." Giants oDurseu ".hop
~unrA ay V ' I take the povmon S:Jl, vpeN humps may "lug you let i!a of snow bowl pushed tend to lose muted ' formal uttt. For a aM1mph target pesl
rat it , tea ethical lot me to just wo. Jown trade but disen it lea, to the edge of tte road by Plows. Nike Cynecll the cil traffic ITE sullen i a .epuatan of 2!0
rnlturdy like tomeOM elvi i Often dn.en 0111 s.mply tetoutt the passage of rater in she lutfer enguleennl wpenlsot Inste la. feet. "If males fee ugly real 0-
,f .nxl os A,Petd hump An0 akp to a p+ralkl,oeet. angering ntllh• is blocked as the snow ten to ooncowsasow S900perhurpri tau." Givntacomprains.
a+d.r city "kill Dix.. Thout+nd Oaks. Calif.. one nth, That could concarably Lad says. Apnual mattuenaMe runs Nrcodill counters 1ha arlu•
of the flow +reu in the L' S. to to prohrerAbon of ice forming x above 5150-lit00 metal: 'Re.dents have etprn-
IiuldellnN m,tAll arW UOSelr,md, creation each end of the hump, whxh be. Warning sign and markings, tracedyrAnofpm;;le IIy1fJJown
i lunu may run get help from of posed humps, found a sci non cares a dangerous conditW.' . perhaps eves Osshmg lights. in their streen. They've had their
.+MJthnn ,,fnenth uakr di l• Driven us wrtlung to star on a or coarsl re's tea all eneinar• jeenlly pus of spee0 Aump lb. Pets killed feared for their .hil-
('mrM Dy the 11i of Tranf• road wren A t.o•mch hump," inIl pobtLs and budgets often ,!a Talton. WAir stripes fn a pouf. d'en, and feared to back out of
v,naoonEngineers .ITEITheo .ommentsRoy Wyen.allvJan• drive declstoro.Costs maleft terndeulydifferentfroo de,rdn•ewnf.ltentem.Icon
",It wits Thal the humps also gmeer in the community's public !:ewlan traffe commission think swdud pedssman<rosssnga. and fta all ill but I've got to punt
. n n I"Pmg policemen' L .ski Jejanmchil " W.lya three. twice about metalling some speed in some eases he word "bump:' your wen' They ley. tome on
.k three rd tour inches high inch hump they 11 vy t And An• humps. Does it make financial glee dnvil rte"
16 or l:renkill ala d Otherhou'll left" for tarpelymcall Foot ft bill While same residents here
entry contnsl'ehele speeds Liability tsanolhermalrool rot highly localized mRx prat Urci h It been so disappointed w,'h the
in properly tksgned And in. cemforcuyengmemAnScework lemaM city officals wondered Sore fund $uck f sum Viso. hump' performance that they've
td. Gmnu recalls "A boy on a bicy Phcel Al requill real. ally jarsins, espsol sirect only adM for thou nRVva. such a
,,r the m/notes calml a Stand Of deeded to try tact how hldi dents hall only a show strong doll a judclously gocW senn of reaction seems atypical, Monti. as
pets humps, wrap is a top he could fly gang over dMlknp umenkd support for humps but humps wdl rffel reduce ON STyers says. "Will fil to keep.
t Sleets used by emerpol W bin control and bulged seem a dso to per for them. "Trim they avenge speedostin al elonl the deco will
After Isar iri a bumpy tal
it looks like speed humps may be
hen to stay,
U111. wa d ' mobility, Water Woes
Limficant wale yuahry ptsb
lams remain in the l' S. &spite
x•
pollution control programs. X.
cording to a upon from the Eavi-
/ fMRItO [al ProtKIIGn A lency
Contamlrsakdn from All
tyl ,
runt lands And wrm are" n Wn-
sus and wdesprta0Epp dad
"Presses concern aoout nos,c pot.
Tpvasspl eprlsnkle simply rot final bu.61mmwpalnanbattfrour One Free Upgrade yWill to furl w+ttr and
assocumn so b lotour our Nnt W4 a a ba.klanso uppadr ofd we ft ouride Ac r. and sur . al..bL
aluched arokate to yele rtod renal W'e n wt rout tnpy a slay .nlanM Acro,s the 'ountn
wdsvou Well nkmbmlupbeam Al ltldncdunrddadsand ••.ir4aeFe awar wgatwtMtnawllt+st T'helead, ng•ner.lutl.lyprob•
wetkh'rata unlunufd fm ntkoff f MFria propun bMtt Wall Nale,ie'D41avdt lems now Hem from off *tither
ngvt . w ML+r.l yewnn tetraeua iris l a aw.stn w en ravel entries Ives rumtvff, accendlrr it, .nr.,rmAllon
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PAM Russel{- ~'~o- 9o b"~I C -4 ' k u'
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Traffic Safety Nano
S.Pteeber 27, 1994 AQ9ndaNo
page 2 _
AgPdalto
INia
i 11 have ■ strong desire to reduce the tam Houston so~ool
The recesapndations presented to them include ventually
sw inq the one groping to the Indian Ridge location
on ailin• iat
a c going guard there. The City will fund a aid lk that runs
s
bet n Indian Ridge and Pennsylvania. Thera woul no longer be a
cross k at Pennsylvania.
This has a presented in detail to DISD Tr sportatlon
July 94. was also presented to the Sam H group ia
agseeaient w h the c ton PTA. They are in
eroasinq guar thore,rneewalk residing at radian Midge with the
Their immediate oncern is that the netruction is creating a
danger for the ch an is that the
high. Staff can pr on to to ndid amL of 35 mph to too
would require speed tudles u temporary tone which
recommends that the To 1 e a poet percentile. Stall
signs and once the road i rector peat ]0 mph construction
signed for 40 mph which Sou 13owrrWuft on ~ down t T that it be
school gone in front of Houston.
If mph for the
information, staff will he to present it ath the mating.
ZTilLt1
s~aMEE l 7D2 .irw.
The lot is vacant th no structures any use at all, The lot is t
adjacent to the k, but the parking lotions that limit late
night activiti do not apply to thia a.
night activi! a brave been transferred MAY
o! those late
letter has a nailed to the owner !n Detro to this recant lot. A
they aanot a a "no parking" for the street t ntage Michigan making that
on this fot,
conaL s you .aware the MICE group through Ruby Col
1 A
Due to the a9acency and neighborhood oquJta this
oint$# staff
son that let ot Par ng be approved along Nl on and Lakey '
s ni as law entorcesrnt i~ssuues shouldlbe at hrl~ltCe addreseinq
t
LRfILf!
am's nn 71
DP A aPttD amro
i T4 CITY CCOw i
You have previously received a great deal of data on speed huspg.
r Staff you have had tine to review this information as
well as the ordinance. This ordinance was basically Dallas,
Ordinance with son rewritten references for Denton. You previously
3 City of infoardrmation land Nthe orth Lakes Trail @its~backup b d bola
provided.
staff considers the Morthlakee test site to be sitive, staff
feels that in combination with the chinpo
Drive, this traffic manageMat syatoa hassuccessfullly taken a~good
portion of the cut through tra fie and placed it on the arterial
where it should be located.
UX00443
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Traffic !arty Nsmo Agenda No
Septsmber 77, 1994 AQ9nd 'g
Pao• 3 fte
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As pee the list You received at the last meeting, there is heavy
danwnd for this. The City of Denton doesn't have enough enforcement
to regulate
exceed thing. There seems to be a general trend for
everyone peed limit in residential areas. Collector
and arterial streets are intended mainly for traffic use and
therefore are not as susceptible to havinq children and animals in
the street that could be injured. Residential streets are mainly
intended to route traffic out to the major streets and will normally
have pedestrian traffic of children, animals, and people walking
etc.
i
w staff The or inancstt strictly commends imits the ~r" hump0 to residential streets
Placing thes on collector and arteriaitstreet estss thedinaos
of thou streets. purposs
Funding for speed humps will likely be a major Issue. Visa" road
!bet arms asret•12Y. The current policy of most cities is that
neighborhoods will fund speed humps for areas not proven to fairly maven speeding problems. Thoiee standards are enclosed be
the ordinance, but are based on actual radar studies of the streets
in question. Historically, neighborhoods In Denton have not raised
money for thaw type activities# staff rends
a complete wmloslon of speed h
UOPsr that QO would ~dithat reelly to imp act act proveat
street repaving our
t ordinance program, that the ear►alulon
If neighborhoods an helping fund the in keep Lt latione tthey
will be prudent and cost conscious in their decision. Staff strongly
recome de a eavingamthamoordlnanc• as enclosed. It not, staff
b s which would Wit the per year that the City sped on speed
~ amount being Installed.
Stetf strongly recommends that speed humps be approved pp
to Installation and to that TSC limit thou locations. The ,lull
• ,.'a r Impact of the sign" will
peneodt be positive. They should only be In ar
whe lotiotac ory results Ins alimvl tang Lt boon persistent with no other
Staff reoommsnds approval of the speed hump the physical barriers are the only way program' We !msl that CUS,
of spe•dinq In residential neighborhoods. to pt°vt • Immediate relief
This is ition by Texas Woman's vnivers The entire west
side of ft to parked solid wit
AW to on the t side aft ~ re from the
o Timbers
golf court: along the side. k0a nntlythirisld nwlw are
f
parking have besa olaia s from golf balls hitting their
I carse we haw also r
people who drive thry • t a number of eoto so* from
walk !nq out from Cw:n the or" a! n In4 ableto ses people
Ruddell is arterial and is a truck route. It is re
dad that
An00443
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Traffic Safety Minutes ~?endaNO
October 30 1994 AAsnda►te
page 6 re►g 4
11TIN 04 CONSrn:a n_em,,.~tIDATIOM OP A SPLD J= OADINANCS TO CITY CODMCILI
Oore said thle is a recommendation session only. The commission
4
is net taking up individual requests for speed humps in
neighborhoods.
Clark said the commission reviewed the Northlakes trial site last
time and that was considered to be a positive site. TSO asked that
staff bring the actual ordinance back and look at the policy itself. j
This is Dallas' policy. It's not something that was dreamed up.
Dallas has probably 6 years of history on this and the program goes
back close to 10 years. It was tried in Oregon and Washington.
The real issues are the policy. Page one tells you exactly what it
is, how a street become eligible, who is responsible for the caste
and how to go about getting a speed heap installed. Page one
basically gives you descriptions. w
The key thing to consider, for road humps to be affective, is they
need to be located selectively in accordance with five engineering
criteria for the purpose of eliminating documented upeeding
problems. Proper installation will also rinimiae driver frustration
and encourage safe driving practices.
_ illgibility under part C talks about a petition, where la's located,
and the operational things that need to be considered (600
s hrrdl
i
whlalee/day, ten than 8,000). That's eay!nge if there Y
any cars on the street, then that* is going to be fewer spoed4rs.
If TSC doesn't like those volumes, staff will need some reasoning to
include that La. This is saying that normal speed is 30 mph. Your
06th percentile must exceed 30 mph. That's ■ co"inity value
udgomsnto hlmost everyone drives one to three riles over the speed
limit. Modern cars actually idle and run fastor.
This ordinance is geared toward residential streets only. Streets
that are collector streets or arterials should pint be considered.
It someo in a designed for aiccolLectors that may needsto be moved or redesigned.
It talks about geometrics. One of the key things Is that it should
be payed and fairly a straight are elnq to you put
sore liability.
nobody can a** them (curves), You
I OV is a section that staff wants the commission to look at. It's
► saying that at 36 mph or lose the speed hump would be funded
" entirely by the neighborhood. there is as exception that will be for cioyereh~amone~y wlofuld,cam over eof streetC"y intwinance and repaltlnq
fund Lt the City had to pay for it. There isn't ■ speolsl fund
allocated for it.
The community block grant area is an area located in low Income
niighborhoodes That covers a good part of the intercity. Those
1 Rn00469,
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Q2li~,llYO
Traffic Safety Kinutem
October 3, 1996 ta~'1C8'~0fn
Page 7 W f ~fl O V3
people would be, covered 100%. at
The rest of the policyy goes into how one petitions and the process
it goes through. Staff !a a that TSC should make the approval for
speed humps rather staff. There needs to be some, cheeks and
belances. A speed hump le more than just a hump in the road. There
are multiple signs that go in peoples yards and street humps are
I1~
taped to make them visible. Small cars have more difficulty than
larger ones. There is also the cost issues.
Page S show a detailed rating systsa. Staff will provide that
backup completed each tine. The petition is included on page 7.
the ordinance says basically that the City of Denton is adopting a
policy.
f Devine said the community actually initiates whether they want the '
hump or not. There are several opportunities for people to decide
{ otherwise. On page Se is it going to be the responsibility or a
k resident to collect the money from those on the street? Is that the
go a17 Clark said that's correct. The City will not access the
residents. The neighborhood will have to decide how they will pay
tot it and come up with the money.. Devine said that kills the whole Lt t
TSC policy. clack said that's why staff oughtith monies Oto say
Historically, neighborhoods haven't come q
,1vto build this,.
Devine said It the decision is made by the city to put in a
sidewalk. Aren't the people aesse ad for the sidewalk. Clark sold
the City of Denton hasn't dons any aseasament programs since 1976.
Thane was one small melt initiated one on Lillian Miller. That was
a group of developers who wanted to see the road come through and
{ that was in the early 800s.
"i core asked it staff would collect before or after. Clark said
before. That's going to be a real avers issue. The central areas
won't have to. TSC can recommend an alternatl » to that by
I recommendinq that staff allocate a certain amount each year to speed
humps, A speed hump torts approximately $1*00O including the
eignage. The exty is still absorbing some of the cost,
Devine said her Concern is that after a speed hump to approved yyoouu
have 2/3rds that Ivy and 1/3rd that doesn't. That's a major flaw
In the p car. She suggests that the City aseeee or find a way
that everybody pays for it. Clark said assessment programs are
negative in the community because
.
received negatively. It Crules a
4
some people still won't pay it and it goes down as a lien. Shen the
City basically fronts Lt. core said ,and you create a lot of ill
will'. Clark said it the people really buy Into it, they need to
know up front that they will have to pay for It.
Luce said he likes it the way it was written. Be was impressed from
the respoare from the Morthakee srsa. He would not have thought
that would have occurred. They apparently thought the problem was
A2200468
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I ~Oe7daNG
Traffic Safety Minutes Agaedalt
October 3, 1994 Date
! pages 35
worth overcoming. But, any neighborhood will have the person with
a small car that may bit in the 20% that doesn't want them. if
!Z ! assessed, he will be forced to not only tolerate them but pay for
it. The way it's written struck him as a good compromise.
E Clark said like Chief Jews COPS programs, the real issue is getting t
communities to buy into their community and take real ownership of
s it. This to using the same principles. It they have ownership and {
are paling for it, they are going to really want things to happen.
Where it the City is paying for !t, they aight say lots put it in i
and try It if we don't like it they can scoop it out. The tax coney !
` - could have been used to p- -e a street- J
t , Luce said depending on the ■pe", it could work out that the City
will pay for it. It's a complex plan and struck his as a good
` compromise. Gore said once they are installed and a history is
accumulated, than staff will know sore about what their dealing j
with. Any issue can be reexamined. Clark said it will be a 1
challenge but believes its the beet way to deal with it up front.
Duncan asked Clark it he perceived any residential areas that r
exceeded 34 mph. Clark said most of them will be hitting in the 37-
30 mph range. Stitt measured it- The problems are thoee that go SS-
6 b0 mph. They aren't always going to hit when you're doing the speed
' studies. It's a small percentage- it's what 8S• of people are
driving. That's something TSC can adjust. If 39 no is too high,
it can be moved down. Most of them have been in the ranngqee 36-35
mph. Dotson said that's what they observed before when they haw
had their officers outs L.s., southrldge. The biggest majority
drive 35 mph. Bacon said In a 30 mph eons. Dotson said that's
correct.
a; Clark presented a mat that shows the areas in Denton that will be
' covered for 1009 fuing.
' Terry Martin, Greenbrier Street, cams forward to address the
V". commission. She contacted the City about the speed humps after
noticing them in the Northlakes area. Greenbrier is a short out
between Hinkle and Malone. people trawl south to west coming from
Windsor to University to 235W. They return in that direction. Many
coal from Auburn to Malone turning seat on Greenbrier to either
Windsor or Cnivarsity. Motorists are avoiding the left turn on
rr V Hinkle to Onlwreity and the left turn signal on Malone.
She tallied last Thursday the number of cars on the street. They
are complaining because of the number of cars. Of course, they are
going fast. she counted 193 cars from the hours 3100-500 p.m.
That wsn't counting the buses that go to Newton Maser. Most of the
£ r`
tt,', t traffic is early morning at school tLse and at SOO p.m. Most of
ate}%"dy the people sip through the store sign going to Malone ignoring it
entirely. The excessive speed • what they want to get rid of with
the road humps. There are 3-4 little houses on Greenbrier that have
a total of 12 children in than. There ere 2 on the other side of
` 1 ASS00468
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Traffic Safety Minutes @ntf2N0 ~r ~3,9
October 3, 1994
A~eaJlaf`la
• Page 9 Date. ~ 1 N
Mslons. There is a short curve when you come up Greenbrier. Kids
don't always sae the care. They think road humps would be the
r " end hsrwcone~ of atlir cnei hbo=~tasebvirky costly near Malone would be suortive and she 't
think there would be a problem in paying for Lt. she has talkednto
everyone on the block and they are totally supportive. They mostly
worry about the traffic. If you look on the map, when you get to
the Island on Malone, people ignore that goinq which ever direction
they want. At Amherst, there L a stay sign. Oreenbriar is the
likely place for them to shoot through for ■ short cut.
Devine asked if she had seen the actual ordinance. Martin said no.
She was contacted by a letter that said she could address the
commission. Gore asked if staff could get these neighborhoods a
copy of the policy, Clark said yes.
Jackie Plantone on Michael street
past Na armick, came forward to
address the commission. She said it you have ever taken the
McCormick street exit and want to get to Oxeenly, you have to get on
Michael street then you can get to Greenly. They have a lot nt cut i
through traffic and the neighborhood has a lot of children. She I
hasn't heard anything also. Aar husband contacted the City about
the speed humps and received a letter about this meeting. The
f
intercity is not the only low income area. There will Se a lot of y~
problems with that. Another problem is when you coma to paying.
Where are the tax dollars going? Why do they have to pay for things
' i that are being done by the city? Ara they paying for the new school
i cone signs and sidewalks? Are chey paying extra beyond their tax
dollars? It not, why are speed humps being considered extra?
e
Gene Trust, Korth Denton Neighborhood Association, came forward to
to ;a address the comaission. Me thanked the City for paying for the
pilot program in the Northlakes area. They have been interested In
how that has proceeded, A couple years ago, a couple of their +
' y + neighbors identified speeding on residential streets as one of their
mayor concerns. This was mentioned *then they worked with the City
to establish the COP's program. In the last two years, a committee
met with the traffic engineer and submitted a formal request for
peed
hi umpeThey are waiting to tied out what they can do now.
F`> T~My ~link speed humps would be affective cant and north of Denton
Jaady Molt, 2520 bowling Green, cams forward to address the
commission, She said she is still in opposition to the speed humps,
s
She suggest that the City go to a sere tolerance with the Police
Department. That would cover everybody, If you are going 9 miles
over the speed limit and you get caught, you pay it. That's for
1 everyone not just a few people like the roW humps would cover only
d~s ^ a few. The police, iuewgas, and courts would have to abide by that.
People get frustrated wnen they are behind trucks that slow down for
i speed humps. It made a difference when Windsor went to 30 mph.
hasn't noticed any cut through traffic since Nindsor was made 30
S
.r a. mph. Spsedinq is mainly the people within the neighborhood. They
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Traffic Safety Minutes ~7B9d~H0~!__ti-~ZQ
October 7. 1994 A
page 11 g "u3;
Ik7id ~
bells for the $1.00 given for used balls. Ruddell does carry huge
volumes of traffic. Vegetation has been planted along the fence
line but it will take several years to grow to the height to
restrain the golf balls. The no parking sons, inconveniences no one
since the university owns ALL the property along the western side of
that street. Me recommends spprovtl of the
If Duncan asked who parks there. Irwin said usually tenants and
visitors to the apartment complex. There is plenty of parking
onsite. They Just want to park on the street.
Devine said yesterday there was a semi parked on the street. Irwin
said that causes a line of sight problem. It has caused some
swerving problems as well. TWU officers will enforce the no parking
gone In ^onjunction with the City.
Clark said it would asset that a fence would be the solution to the j
problem. But, that was tried along Mingo and some largo storms blow
s that down causing some damage. That's why they're reluctant to do
t that.
a ~ y
STAIr RIC0MMIIIDID1 Approval
m~ OOMMIsSIOKIRS1 Duncan made a motion to approve the request. Bacon seconded
61f the notion. Motion passed punanimously.
IrsM sJ~
5, OAKB Al@ TBZ RA La-TO-TIUIIL (CLOAI TO W=RWI
ark said this is on the northwest :orner of S dy Oaks. This is
a !lion by Irle and Ta.my Mercado. They at !arming to purchase
1/7 a at the intersection of the railroa Shady Oaks. shady
Oaks is a econdary arterial that carries lot son traffic since
it was to end Woodrow Lane went hrough. it is carrying
approxlnatall 000 cars a days The Ject props ty has 181 feet
of fsontageo props on Shady Oaks. here is an existing driveway
r" on Tract I a~Jaeea! the propert staff is asking that tatey seek
joint access with that rty r usjng the sue driveway. They
an ppro~oateg to bull 1 ehouses. to, the traffic volume
t shoo ldn t be high. it is seer!l request for a business to have
their own dtlvway. TSC have to be the Judge if that were
r weessary in this case.
There are thrN trite a that would a to be met. (1) It doesn't
violate a caster p because it's not n Carroll Boulevards So,
that's tat a pr em. (9) Does it have y peculiar conditions?
Staff fools the are not any features unto it would be that it is
next to a rat cad. (7) This was subdivided too and bounds not
T properly pl ed. If this were still ona tract, he would already
; nave ads to attest{. When the persar sold it the seY platted,
staff d haw required an access srooment. Bin thin has not
' been tted and hasn't gone through the development p eu, it is
not ting those criteria. Therefoze, the owners and prior owner
k d.'.
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Traffic Safety Remo a
August 17, 1994 pi
page S Q3t8
Cc)
Staff will complete on site inspections of this report our
indihi v at the meeting. The actual ordinan !Or the ppaark
11 not be in affict by this meeting. The ncsrn that staff
ha at this time is plaeinq parking regal ono on a property
not ad by those making the request, iouslye staff would
need contact the Owner of the lot viously to placing it
r
on an a A.
b. !torso/Woody traffic impacts oft Tomas Rivera and MRS ' j
Testing Static (vehicle stic to)
Enclosed is a memo t opi on from Danny cummings, Cummings
and hewitt, On this a , staff thought you should be aware
of the heavy impact tb may occur on Woodrow Lane from Tows
Rivera Elementary So 1 nd MAN, This tasting station is
the only It& Lon i onto county which will be testing for
omission and isou sticke staff expects heavy lapicts.
That is the swi reason for t. 250 toot setback driveway on
Woodrow Lino, allow for ataek The left turn movements j
out and in a the facility at& o r"t'coneern. Additional
studies d be required to wa ant a signal. staff
percelws that It a signal 1s not place prior to the
testing tatlon opening of January It cows severe problems
will to
ed rolal Truck Traffic `
closed is a letter from Donald Wheeler that was sented at 4
j he last Traffic Safetyy Commission meetinngg. since Wheeler
wasn't present to addrase tho commission, the a Sion
requested that he be given another rtunity, Xr. Wheeler
t I
P d. Speed Hump Traffic Control Study
The Horthlakas Neighborhood Association representative and
° City Staff will address the c -salosion on it's findings.
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O..~
APPAIRIPP~
Traffic Safety Minutes AgendaNo L
September 120 1994
page 19 Ap9 dada
Dale.
ahead and do it. Devine said they can come ore the
commission If they oppose it. Clark agreed.
b. is/Woodrow Traffic Impacts from Thomas Rivera and
T8 Testing Station
t Clar salA a signal will be placed at hady Oaks and
Woodr The traffic counts show Be cars a day on
di gn ',a and 4,000
1 need to on ceMOrSLong Odsow. due 0 to aat's ccess
the to
Tomes RL rap TBJAS, stop this probabli will be
signalised Staff wanted TSC to bd avers of to because
when the t Sting station opens there will be some
complaints t stacking.
This to a very ong distance a ng the street f250 feet)
to the drive a a lot of ons s stacking to provide for
that. ' The rem problem 11 be the left turn in
movement. Hops~t~ yo the s goal at Shady oaks will help ( e
create some gap to the 1 ft turn out movement. Stall
wanted to advise th c ission of It's concern.
' Martin said he turned f Woodrow and cams south toward - {
the mall at noon time. inq northbound on Woodrow, the
light was red at 1 Ho counted 12 vehicles l
stopped at the red to As he drove toward the mall0
traffic was going itr a Ip In excess of ♦0 mph. The
mLddle turn lane ns out ght after Morse Road. If
you are going hbound on raw and want to turn
right on Mor you are pr ectsd. Then the road +
narro++s. it hadpp oaks Is a alined, is there any
plane to wid Woodro-2 Clark s d the common for that
i9 stall h a real to ISO tLnq right-of-way.
Turbop a q Company, and some is didn't want to
dedieats he right-ol-way. Rat r than go into
condemna on and not build Woodroo#* aft decided to go
ahead. are was a lot of pro blem wit vehicles washing
off the ow water crowing. There was me real effort
to the project completed because he bridge was
badly nodded. Clark said if the prooppsd develops on
the amt side, that might be a possibtl Medians
k wen proposed throughout but several buss ass raised
1 sition so that didn't happen.
a. roial Truck Traffic
Cora asked if Mr. Whoeldr was present. Clark me d he
{ apparently decided to bypass T80. He did go to ityy
Council and they ors doing Some research for him. 8t ft
I will not place his on the TSC aaanda amain.
} d. Speed Hump Traffic control Briefing by Korthlake11
Neighborhood Association Representative and City staff
i v
Clark said Won. needs to bs dismissed from the
commission due to a conflict of interest. A
representative from the association will present the
ASS00436
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Traffic Safety Minutes ~BAddkO `~"7~ !
September 12, 199 1
page 20
11V:2 q
O
recommendation.
Barbara Slliott, 2221 North Lake TraLl, came forward to
address the commission- She said she is a board member
of the Northlakee Association- A pole has been f
conducted of the entire neighborhood. Of 6S hones
surveyed, 57 were in favor, 7 in opposition, and there
are 2 who haven't been contacted. There are 3 houses
vacant. The Location of the ones in OppositLon are 2 on
Bowling Omen on the north Side Of the neighborhood-
One on Parkside which is in the middle of the block and
6 on Norehiake Tssl1 -one on the north end, one in the
1 middle and two on the southern end. Of the.onea in %
opposition,, no one of those lives within two houses of ~
a road hump.
Slilott said the reasons stated for the opposition are
F ' genarai statements. (1) r lust don't want any on the
street. (2J 1f t had children, i would want them but
,s strtes s don't. I don't want these (,1) On* said, It
drag's the bottom of s car -corvette. (1) There vSre
"#^Fr k J two that said they just don't like them. (5) one, which
ay is confusing, when the city moved trees roe Dowling
Orson, they slug dirt into the street. That would not
z ,it"n 9 of happened u the road hump wasn't there, That's the
results of the pole.
w . °l
Devine said a lot of people have shown concern about
z having speed humps. The general consensus has been t
wait and sN what the Northlakes lleighboshood'N
recommendation would be. it it slows dove speed, that
s• will bv something a lot of people will suMrt said
coursl, there will be iswes Of cost, etas s she personally is is fevcr of them. Her and her husband
TV, "i walk the neighborhood in t*., evenings, They can
ti . definitely see a difference. At a neighborhood meetingq,
there was a Nsldent who cOmpleined about people t
r, speeding around that corner, There are no speed hasps "
on the southern and Of Northlake.
SllLott said the problem was determined It be a lot Of
neighborhood speeding. That is a problM they will have
to deal with on their own. She thinks with the extra
traffic frog the Tasks, the speed humps will definitely
f help, Parkside is more affected because that is the
general outlet. i
y, Judy Holt, 2520 Bowling Green, came forward to address
the commission. She said she is against speed humpa•
they lived in the neighborhood since 1951. So, they
' have watched it grow.
Holt said that according to the proposed City ordinance,
that area did not qualify for road humps. There vas a
poltee study in September 19911 The letter states
"enclosed pleaae find the results of the traffic
officers activity in your area for the period of
F ,
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Traffic Safety Minutes
September 13, 1994 Q~3"L~•".rEt2
page 21 U n
X~
septeaLber 4th through September 22nd•. It says, •As ppov
can see, the traffic activity In your area was 11ght.
However, officers will continue to monitor the activity
In your areas. Thera was a meeting held with the area
on March 4, 1994. Police officers were asked again it
there was any change in the traffic. They said no.
They coctd not aee any traffic problem.
Holt said as far as the road humps, it has diverted i
traffic oft Parkside onto North Lakes. There is only
one on Bowling Green between Borth Lakes and Osorgetown.
What she has noticed is that people on Parkside between 1
the two road humps (Bowling Oreen/Windsor and one six
houses south), go down North Lakes avoiding the humps.
it they are in favor of the road humps, they should
travel those streets.
Holt said she understands that the speed humps were
built like Dallas standards. What she has discovered is
that the road humps, about 90%, are in the proisets.
She has a problem with people associating road humps
with those type areas. Alsop since it did not meet the
proposed City Ordinance, she do on't think they need
them. the test should have been made in an area that
had an established speeding problem. She wants to
present a good image. They have had communication with
city staff regarding other problems that they have been
against. It's not to say they are against anything for
` the neighborhood. But, since the police did not see a
problem with the speeding, then why use speed humps.
The speed limit an Windsor was raised to 30 mph which
did make a difference. They have discussed the
situation with other people who were cutting through tl.e
neighborhood. They said they no longer go through the
neighborhood since the speed was raised on Windwr+ 1t
you put road humps in on one street, it diverts traffic
to another street. What* do you stop! She felt they {t
had a reasonable division of traffic before the road ?
humps were put in.
j Holt said the mention of dirt on the street was from a
person who said every ties a City truck would go over
one of those road humps, they would leave a big clod of
dirt in the street. That was when they were moving the
trees to the park. They were going through Bowling
1 Green.
oore said the commission is swam, of the opposition.
There are several other items tr, 'oe reviewed and the
commission cannot make a decision tonight.
Clark said this goes back to September 9th, 1993- After
j being aproved by TSC, this policy was forwarded to City
Councilp. City Council's recommendation was that staff
do a test at a site and see how it would work, This
area was one that state had the most complaints. It
wasn't something where lives were being lost. There was
ABBOO436
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Traffic Safety Minutes
September 12, 1994
page 22 AgandaNo
Agardap OR ~
{n1t3
a severe problem with cut through traffic going to
Northlakes Recreation center and the ball fields. The
other reason it was selected is that the ball fields
have greatly, increased in the last year. There are more
soccer, baseball, etc fields. This was thought to be m
good test site. j
Clark said some of the backup has recently come from the
neighborhood. The road hump survey, Just received,
gives the percentages of support. Them to no doubt
s there is some strong opposition which details have been
received on that. Also enclosed is a list of
individuals who show interest in having road humps. f
Road humps are not the perfect solution. The perfect
solution would be It everyone drove the speed limit.
s Putting speed 1lnit signs up to not working. There
isn't enough police officers to enforce speeding and to
have enough would cost a very large figure.
Clark said there is currently S people doing speed
enforcesient for the entire city. There are at least 60 ;
active square miles with an eTJ of 131 square miles, III
go, that's not a large force to do traffic enforcement
long term. Hopefully, that will be funded in the
Y future.
is trying to implement a system that
' Clark said slatf
other innovators such as Dallas, Richardson, etc are
using. This started back in Washington, Oregon, and
places like that, it's something that 10 years ago
wasn't considered. Liability Issues were thought to be
too large to overcome. it's now acceptable and is one
of the best wayys to address the problem. He traveled
the straete In Dallas - Monticello, etc between
Greenville and Central expressway, Speed humps work
well there, Those are residertiai neighborhoods that
used to be collector streets and weren't sited to be
collector streets when built,
Clark said the Northlakes neighborhood may not mast the
ropirsment for 300% funding by the City and not the
M' neighborhood. The real issue is that there has to be a
test program somewhere. There isn't any other
neighborhood with a worse problem then this, Speeding
y and the problems associated with that are quick and are
not happppeening every tow seconds. There is a chance that
Lf Northlakes went into this program now, they wouldn't
have ootten funded by the CttY and wouldn't Dave ended
up with than, Neighboxhoodm don't want to pay. Staff
isn't planning on putting In additional humps In the
~ area,
I'I Clark said placing thw at the entrance was positive and
probably encourages traffic to use Windsor. This is
strongly a community value Judgment. They are
expensive, inconvenient, and can have some affects on
low cars. Comments have been received where theme are
Aee00136
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Traffic Safety Minutes 9AaNo
September 12e 1994
Sept 23 Aar^Eiul:
'eta NU
built better than the ones in Dallas. That's really not
the issue. TSC needs to decide if they want to
recommend these onto City Council after the toot program
that seems to be favorable.
. f
Devine asked Clark to place this on the next agenda no
that other people can coma and speak in favor or
opposition of the program.
Clark said staff may ne*1 to call a special session. Thera is
one gqroad abandonmnt
shhovd that doemid an
Harrtin said may
arise could the
mana commi ementssion be notified one week in advance. Clark said yes.
j Dotson asked if staff could arrange with Traffic Con'4tol to
f visit the building. Clark said yes. TSC could meet there at
5130 p.m. and a" the control system. The Closed Loop system
j is set up there and you can actually sae S systems - Carroll
Boulevard,-The Square, University, eagle and Bell. These can
be monitored and adjusted from within the office. The sign
shop is also there. It's not a beautiful building but has a
lot of technical equipment.
1 Luce said there is a certair situation. in residential
y t neighborhoods that prohibits driveways wider than 20 feete
There are situations where houses are located on corners and
take advantage of aide streets to have more than a 2 car
garage. The current Subdivision Regulations prohibit that but
they are really based on the commercial application, to i era
a possible way that can be worded where peopi
residential setting would be able to obtain a driveway
commencement Commissioners have a arigh3 car t to placee items an the agenda. YsIf r
things are constantly challenged, they should be addressed.
Luce said he would rather see the regulations provida'a
reasonable alternative than to have citizens cow and ask for
a variance. Clark said if you submit sow documentation and
f teal that it's positive, staff could ppuut it on. That was done
to avoid people gem having the whols width of their house
a being drlvways.
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rI\el a OM
1
FIN
i
The My of Denton
COMMUNITY DEVELOPMENT
TARGET AREA MAP ;esoaNo. y
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® TARGET AREA
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114
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2311
DENOTES LOCATION OF
f A SPEED HUMP
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2224
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NORTH LAKE NEIGHBORHOOD ASSOC& =-g
Denton, Teua
TO: ferry Clark, City Engineer Nov 2 Isle t~
FROM: Carolyn Bacon, Vice-President
DATE: November Z 1994 r 1
RF. Final Road Hump Survey Results
Pitkslde DurinS e the first two weeks of September, the 65 households on North Lake Tian and
` between Auburn and Dowlin j Omen staged a survey hump test. The results follow:
Y°E their final
*pinion of Drive
the
52 Favor
E.
1 UnOdectded
4 Howes Vacant
F 65 TOTAL
I, q
The general consensus is that the road hump' have helped slow traffic and greatly
reduce the incidence of pass thrca+Rh traffic. Some of sire tragic from Parkd& has diverted
to North Lake, but the overall volume of traffic thraigh our neighborhood is still
etgnillcantly reduced.
# Some of the team for opposI•tion ate that tow cars, such is corvettes„ drag oar
them; and equipment, such as tools or lawn mowers, behrj transported is vacs, tam or
a-
pickup tract jet Jarred.
I hope dth iafornuttlcn proves helpful to other neighborhoods seeking remedy for
their traffic problems.
owl
s R~-o
~Ge~daNo
I&M HUMP SURVEY Ag3~C81te
j
R1tC - -
II PUM Sign below with an indkadon of being is favor or in oppcuition to the road hump`
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ROAD JIUMP SURVEY ~bendaNo
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Please sign below with an indication of being in favor or in opposition to the road humps/ „a~~g
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LAST NAME AD RESS TURE Fv
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ROAD HUML +~jRVEY 46'E(IJ,4l 1
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Pease sign below with an indication of being in favor or in opposition to the road humps3?ON
LAST NAME ADDRESS SIGNATURE FAVORIOPPOSS V
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ROAD HUMP SURVEY tOOdi ft vJ ~
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Please sign below with an indication of being in favor or in opposition to WW rev
FAVORIORPOSE
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DATE:. September 2, 1994
TO: Jerry Clark, Director of Engineering and
Transportation
FROM: F. David Ayers, Technical Assistant
RE: Results of North Lake Homeowners Meeting August 30,
1994 regarding road humps
Road Humps were the main item on the above mentioned meeting.
The neighbonccod commented that they felt the road humps had r " rolulted in decreased traffic and speedi They stated that the
1 traffic had increased on North Lake Tral because:of the lack of
;y road humps. They also stated that the increase in speed limit on
Windsor Drive was also a help in reducing traffic. ;
A vote'was taken as to whether the road humps were an effective
traffic management' tool and eleven of the twelve present voted
yes•with one who abstained from voting. There is a door-to-door
survey; being circulated at this time which will be presented to
you on r before September 15.
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Technic Ssistant
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8171568.9200 D/FW METRO 434.2520
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Data tt' 15 -94
CITY of oENri^ rExas MUNICIPAL BUILOINQ / 215 E McKINNEY / DENTON, TEXAS 7620! f
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MEMORANDUM
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DATE: November 9, 1994
TO: Lloyd V. Harrell, City Manager
3
FROM: Kathy DuBose, Executive Director of Flnence i
r SUBJECT: WILLIAMS TRADE SQUARE
This resolution renews the lease agreement with Denton County for parking spaces
• Y r ` located, on the Williams Trade Square. The terms and conditions of the contract are
at they were in the, past; the County will lease fifteen (16) spaces. at fourteen ,
t614;.Od1 dollars per month. This agreement Is renewed on an year-to-year basis. ;
Biases advise it you have any questions regarding this matter.
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C" of DENMN, 1rnAf MUNICIPAL SU.LD1NO / 21S E MCKINNEY / DENTON, TEXAS 78201 I
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MEMORANDUM
P DATE: November 9, 1994
y
TO: IJoyd V. Harrell, City Manager
FROM: Kathy OuBose, Executive Director of Finance
SUBJECT: WILLIAMS TRADE SQUARE
1
This resolution renews the lease agreement with Denton County for parking apeces
located on the Williams Trade Square. The terms and conditions of the contract are
' as h'ay were In the pest; the County will lease fifteen (15) spaces at fourteen K
' k a (414.00) dollars per month. This agreement is renewed on an year-to-year basis.
Pleats advise if you have tiny questions regarding this matter. yf
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8171588^8200 D/FW METRO 434-2529 g!
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RESOLUTION NO.
a
A RESOLUTION LEASING PARKING SPACES LOCATED ON THE WILLIAMS TRADE
SQUARE) AND DECLARING AN EFFECPIVB DATE.
WHEREAS, the City of Denton has improved and maintained the
area known as the "Williams Trade Square") and ,r
WHEREAS, AWHEREAS, such improvements include paved parking spaces) and
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{ WHEREAS, the City of Denton desires to continue to lease
parking spaces in order to recover the cost of the maintenance and k
improvements) NOW, THEREFORE,
F i
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Manager of the City of Denton, Texas t
is hereby authorized to execute an agreement between the City of
Denton and County of Denton to lease parking spaces at the "Wil-
liams Trade Square", a copy of which agreement is attached hereto
and incorporated by reference herein.
SECTION `-IL That this resolution shall become effective in- f
1 mediately upon its passage and approval. t
PASSED AND APPROVED this the day of r 1994•
BOB CASTLEBERRi, ?tAYOR !E
ka 1 ~
ATTEST's
' JENNIFER WALTERS, CITY SECRETARY
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By s
APPROVED AS TO LEGAL FORM:
NIKE BUCEK, ACTING CITY ATTORNEY
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BY s
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ORIG N
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Agso6a'~aa(,~1.J
T1tE CITY ~ ('(1
THE STATE OF TEXAS } ( AGREEMENT BETWEN8
OF DENTON AND THE
COUNTY OF DENTON DENTON
I
LEASE AGREEMENT
This agreement is made and entered into by and between the
41 j City of Denton, Texas, hereinafter referred to as Lessor, and
Denton County, Texas, hereinafter referred to as Lessee.
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WITNESSETH:
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1. Lessor leases to Lessee and Lessee leases from Lessor
fifteen (15) parking spaces at the Williams Trade Square for a i
period of twelve (12) months commencing on the let day of October,
1994 and ending on September 30, 19950 at a monthly rate of ;
fourteen dollars ($14.00) each to be occupied as a parking lot
only.
2. Lessee will pay the rent monthly on the 1st day of the
41
month.
30 Lessee agrees to allow Lessor to have free access to the
premises= to leave the premises, on termination of the lease, in
' good repair; not to assign nor sublet the premises or any part
thereof; and to hold Lessor harmless and indemnify Lessor from any
z;< claim, damages or loss resulting from the use of the parking lot as
to any use of said premises by Lessee.
by
4. Lessor will provide the five (5) members of the
Commissionera Court with a sticker permit authorizing parking in
+
the courthouse square area without time limit, to be in effect
during the term of this agreement. Ills
51 Lessee shall have the option to extend this Lease for
eight (e) successive terms of twelve (12) months each at such R'
jr rental that the City Manager shall establish. To exercise the
option to extend, Lessee shall give Lessor sixty (60) days written
notice of it intent to renew the Lease. Upon receipt of such
notice, the City Manager shall give Lessee written notice of the
increase, if any, in rental. Increases in rectal shall be based
upon economic conditions.
Y S"W"IRAN SWAM
n DEN1W C*tm - env of DQWM 1
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IN WITNESS WHEREOF, the parties hereto have executed thiV
? Contract to be effective the Ist day of Octok'er, 1994. ;
LESSEE LESSOR
DENTON COUNTY,. TEXAS CITY OF DENTON
lio West Hickory Municipal Building
Denton, Texas 76201 Denton, Texas 76201
i
C i f? k, Ce e.
HON JEFF MOSELEY HONORABLE BOB CASTLE8MY
T JUDGE I MAYOR
ATTESTt ATTEST:
TIM HODGES, COUNTY CLERK". JENNIFER WALTERS, CITY SECRET,kRY
AND EX OFFICIO CLERK OF
THE COMMISSIONERS COURT
OF DENTON COUNTY
BYstb~
ty
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:
ASSISTANT DISTRICT ATTORNEY DEBRA A.'DRAYOVITCH,
CITY ATTORNEY I
BYV1
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DCW M COUM • CM OF D6VM
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