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Home My WebLink About01-03-1995 • 0 t a i r~ i ; CITY COUNCIL AGENDA PACKET 1-3-95 I • A gyn... r I~ • a ~ a 1. 1 I "1 1l . I • ca 0 i X AGENDA Dole- CITY OF DENTON CITY COUNCIL p~ January 3, 1995 1 -O y Closed Meeting of the City of. Denton City Council on Tuesday, 4E January 3, 1995 at 5:15 p.m. in the Civil Defense Room of City 1 Hall, 215 E. McKinney, Denton, Texas, at which the following items ' will be considered: NOTEi THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO y CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT 1S ? LEGALLY PERMISSIBLE. { 3s15 P.M. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Hold a discussion regarding GTE's response to the letter of December 21, X994, to J. Cody Wilbanks from the Acting City Attorney. B. Real Estate Under. TEX. GOVT CODE Sea. 551.072 1. Discussion regarding acquisition of property for expansion of the City's landfill. 2. Discussion regarding lease of property for additional parking for the DMC from Union Pacific Railroad, i C. Personnel/Board Appointments Under TEX. G01" T CODE Sec. 551.074 Work Fession of the City of Denton City Council on Tuesday, January 3, 1955 at 6:00 p.m. in the City council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items wil] be considered: F 1 NOTES A Work Session is used t~ explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action, At a work session, the City Council generally receives informal and preliminary reports and information from ity staff, officials, members of City committees, and the indiv,tdual or organization proposing council action, if invited by City Council or City Manager to participate in the session, Participation by • • 0 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 meetinas, and citizens have a legal right to attend, they are not public "Xinaa, so ! ! City of Denton City Council Agenda Ap~f~~NO• 'S`~O~ January 3, 1995 Page 2 Agenualtertt !-3 95 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 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, 6100 p.m, 11 Receive a report concerning TMPA's power sales agreement with the city. 2. Receive a report and give staff direction concerning an upcoming bond sale. Regular Meeting of the City of Denton City Council on Tuesday, January 3, 1995 at 7100 p.m. in "he Council Chambers of City Hall, 215 L, McKinney, Denton, Texas at which the following items will be consideredi 7s00 p. , 1, Pledy if Allegiance 2, Public '[earings k. Rol- a public hearing with regard to a proposed annexation and zoning of a 199,5 acre tract located east of Mayhill Road and north of Edwards Road, (A-64) ! B. Hold a public hearing with regard to a proposed annexation of a 1,1 acre tract located on and being the east part of the right-of-way of Corbin Road. (A-68) 3, Consent Agenda e Each of theme items is recommended by the Staff and approval ! ! thereof will be strictly on the basis of the Staff recommendations. ; Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background I I I ! 0 • e City of Denton City Council Agenda January 3, 1995 ~gendaNo Q,`J' OD Page 3 Agendaltam 6 t information and has had an opportunity to raise questions regarding theme 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 !.s attached to the ordinances (Agenda items 4.A, 4.B, 4.C) . This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda, Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orderst 1. Bid 01693 - Fleet Vehicles 2. Bid #1694 - 12 CY Dump Truck 3. Bid #1598 - Vibratory Roller 4. Bid #1699 - Fleet Wash Service 5. Bid #1702 - Tractor with Sideboom Mower 6. Bid 01703 - Trencher and Trma.ler 7. Bid 01700 - Jim Christal Re d Pail • 7 and Drainage Phadu II 8. P.O. 052157 & 52158 - Paradigm/', -1syt Traffic Controllers 4. O.-dinances A. Consider adoption of an ordinanc,, accepting o. atitive bids •d awarding a contract for irchase of vials, equip . nj:, supplies or 'ervices i A.I. - BI '11693, 3,A I. Bid 01694, 3.A.3. - BI.. „_698, 3.A.4. - Bid #1699, 9.A.5. - Bid #1702, 3.A.6. - Bid #1703) • B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (3,A.7. - Bid #1700) C. Consider adoption of an ordinance providing for the expenditure of funds foL purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting • such purchases from requirements of competitive bids. (3.A.8. - P.O. # 52157 & 52158) ' I li ~I r- 1. .~nr rya. w~.4 ~4. • J iY i i c.+ e ApendaItem City of Denton City Council Agenda oath January 3, 1995 Page 9 D. Consider adoption of an ordinance accepting the dedication by Heraman Development Corporation, Verl Lybbert, Chris Lybbert and Katherine Lybbert of .273 acres of land located on the east aide of Teasley Lane f (P.M. 2181) at the intersection of Teasley Lane and Lillian Miller for street and utility purposes. E. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement. F. Consider adoption of an ordinance authorizing the Mayor to execute, on behalf of the City of Denton, an interlocal agreement with Denton County for the provision of services associated with the holding ar,d disposition of dogs and cats for Denton Countyi and authorizing City persoruiel to collect fees pursuant to tht provision of said agreement, G, Consider adoption of an ordinance creating an offense for urinating or defecating in public and providing for a penalty in the maximum amount of $200.00. H. Consider adoption of an ordinance authorizing the City I tqs r to execute a contract between the City of Denton and Kelly, Hart &.Hallman for professional legal services associated with the landfill permitting process, 5. •e0lutior3 A. Consider apprr:al of a resolution authorizing the city Manager to execute an agreement with the Department of Transportation, United States of America, for a grant under the Urban Mess Transportation Act of 1964, as amended. B. Consider approval of a revolution giving General Telephone of the Southwest, sixty days notice as required by Section XV of the franchise agreement to produce r 0 records previously requested of GTE by Resolution Number R94-071 and by the Ci:y Manager in his letter of Pabruary 10, 1994, pursuant to Section XVII of the franchise relating to the inspection of records necessary to audit GTL's franchise fee paymenta to the City. 1 • ca e 408edaNo . . .-.001 City of Denton City Council Agenda January 3, 1995 ~te._ ~~_3' 9yS Pace 5 C. Consider approval of a resolution approving an interlocal agreement with the County of Denton for ambulance services. D. Consider approval of a resolution asking Representative- Elect Burt Solomons to roquest an Attorney General opinion regarding the constitutionality of the state's statue allowing charitable solicitations in roadways (Art. 6701d Sea. 8l(c)V.A.C.S). 6. Consider a nomination to the Keep Denton Beautiful Board. 7. Consider selection of a Teen Court Board of Directors. 8. Misoellanuous matters from the City Manager. A. Receive, a report concerning the latest honorees added to the Wall of Honor. 9. Official Action on Closed Meeting Itemst A. Legal Matters B. Real Estate C, Personnel D. Board Appointments 10, Now Business This item provides a section for Council Members to suggest items for future agendas. 11. Closed Meatingi A. Legal Matters Under TEX. GOV'T CODE Sec, 551.071 r B. Real Estate Under TEX. ('GVIT CODE Sec. 551,072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sao, 551,074 l L • s City of Denton City Council Agenda Age~daltem,.--L-~- January 3, 1995 D11® Z? page 6 ^f,Z C E R T I F I C A T S I certify that the above notice of meeting was posted on tho bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1994 at ,-o'clock (a.m.) ~YCITY SECRETARY NOTES 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 SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-600-RELAY-TX 80 THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCO0239 i • 1 1 • F. 1 r'. ~"y~ F } 1~+k ~i~j~,}F di~P/({Y tf)k ~F~i„ ' s u~ 0 s DENTON oooooaaoooo,~po N N v ~ c o od oDD ~ 00 0000 No oaaoaaao e CITY COUNCIL . 0 s • e r r c Alter tlaNo Agemlalleni_--.~~ Date_ /ob 7 Serving the cities of Bryan, Denton, Oarland & Greenville Ed L. Wagoner General Manger December 22, 1994 Mr. Lloyd Harrell, City Manager L'ity of Denton 215 E. McKinney Denton, Tx 76201 Dear Lloyd: I Met yesterday with Tom Harpool, TMPA Board President; Gal?ord White, Manager, System Planning & Operations; Carl Shahady, Agency Attorney; Corky Hall and Steven Adams of First Southwost Company; and, Bob Dransfield and Mark Westergard of Fulbright 6 Jaworski L.L.P., the Agency Bond Counsel, to discuss an amendment of the Power Sales Contract, particularly the provisions of Section 3 of the Power Sales Contract, We focused the discussion on the request of the City of Denton transmitted to me by letter of December 20, 1994 (attached), with the view of providing an amendment to the Power Sales Contract that would ensure the security of the current Agency bondholders and provide the Member Cities with additional flexibility in meeting future energy needs. We had a productive meeting that resulted in a general consensus that such an amendment was possible And we have requested Bond Counsel to prepare a conceptual outline of such a pronrted amendment together with an explanation of the procedures w :h need to be. followed to effect any amendments to the Power Sa ~s Contract. We expect to receive this information during the m,d to latter art of next week, but in any event, before the January meeting ofp the Agency's Board of Directors. 1 will keep you apprised on the progress of this process. In the meantime, should you have any questions, please do not hesitate to contact me. Sincerely yours, Ed Wagoner Chief Executive Officer ELW/wmc Attachment i Trla. Muntrlnal Pnwer A►tnrv PA, Bnr 70M Brvan, Ttxu 77110S (4041873-2013 • • AgendaNo._. q Agendallem_w_S # . - `3 S Lcl~ 7 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKUMEY / DENrON, TEXAS 76201 December 20, 1994 Ed Wagoner General Manager F C'EO Texas Municipal Pc~.,,er Agency P.O. Sox 7000 Bryan, Texas 77805 RE; Power Salem Agreement Dear Ed: You asked me to draft an amendment to the Power Sales Agreement that would satisfy Denton's concerns. Denton is faced with the need to buy or add power generating capacity to meet its peak requirements or to provide lower cost energy for the portion of energy that Gibbon's Creek cannot furnish, Denton would like to have t:ie freedom to buy, build, participate in, or otherwise acquire power and energy, other than that power and energy furnished by Gibbons Creek, Unit No. 1 Denton would like to be free to acquire such energy services as if Section 3(a)(1), of the Power Sales agreement did not exist. Denton believes this flexibility can be obtained if TMPA was to declare a project and Dentor was '~o decline participation in that project. That is, Denton would be allowed to "opt out" as provided for under Section 13 (d) (2) of the Power Sales Agreement. Tn addition to the flexibility to go external to TMPA for future power supplies, Denton would like to have the Power ;,ales Agreement written such that on all future projects that TMPA builds, each city could have the opportunity to contract for a specific amount of the capacity of that project and be entitled to the power and energy provided by that proportionate share. Denton would, of course be obligated to the payment of all fixed costs, debt service, fuel and 0 & M expenses attributable to that pro rata share. Denton recognizes that it is now receiving 22% of tlse power and • capacity of Gibbons Creek Unit No, 1 and that Dent,;n is obligated • to pay its pro rata share of the debt service, fixed costs, 0 & M, and fuel of that pro rata share. Denton is not asking to change this share of the benefits or obligation of Gibbons Creek Unit 41 and it's associated transmission system, 8171566.8200 DIM METRO 434.2(329 • I- m e AgWaNo Apenda~Eem ~ S Power Sales Agreement Page 2 X19 94 7 Listed below on Exhibit I are some proposed changes to the Power Sales Agreement that we believe would accomplish what Denton would like to see in an amendment to the Power Sales Agreement, However, please realize that we have not had an attorney review these suggested changes so we do not guarantee that they would eyactly solve the concerns as listed in the first paragraph of this letter. My staff and/or I would be pleased to meet with you to review this issue further. Sy, rrell r City Manager City of Denton JH:tw 12204062 cc: file Mayor a nil Members of the City Council Chairman and Public Utilities Board R. E. Nelson, Executive Director Utilities Jim Harder, Electric Utilities Director ......r....1.r.. , . _ rrrr.l:dYrOY`r I•,~ riw.,.. , 1 : A,wi , f A9011daNo. Q'5-001 o,rdal(am S ~ 1 , Exhibit I Oa Ir,___1ti TMPA CONTRACT Section 3s Sale and Purchase of Power and Energy. (a) Each City during the time this Section is applicable shall: DELETE--(1) Parehase and =rpee'r G?e 4r-am Hie-AgeAey-azl.'', Power and system in emeess of the amisant 4) supplied by any generatien a eenstruetlen ns of ' vJg ST gaeilr tles ...L1...L imerease the RatC.~C.1S ~ ~1..~ same J: TC' `!fY Ole _ a,. the LeJg.'. tie nel `L^~ from any- generatien -iaeilkrzy primarily fueled frem and the e4 se 1A aste-i!L..r 1s hereaft &V FAere ef the Cities, J L that are neeessary Fer R r tranaffliselen of Pewer an AAD--(1) Purchase and receive from the Agency its pro rata share, as determined in Section 14, of all power and energy generated from the Agency facilities. (2) Binds itself to pay for all Power and Energy DELSTZ- purehaeed or otherwise acquired ADD-(generated, purchased, or acquired) by it from the Agency pursuant to this Section 3, said payment to be made at the rates and charges established pursuant to Section 7 of this Contract. The foregoing provisions of this Subsection (a) shall have no applicat.i.on to the purchase or exchange of Power or Energy (i) on an emergency, maintenance, or etand-by basis or (ii) on t)~e basis of economic dispatch between the Cities and Brazos Electric Power Cooperative, Inc, (Brazos), or a-v one or more of such entities or (iii) under the existing pooling agreement between the Cities and Brazos and future pooling agreements among the foregoing and others, all, or any combination thereof, and the Agency. l (b) do the event that the Agency is not able to supply the Power and Energy required or requested under its power sales contracts, it shall allocate its available Power and Energy monthly among the (i) Cities pro rata i« accordance with their • respecti%*e Net Energy for '.,oad during the corresponding month of • • ' the preceding Contract Year unless a governmental agency requires a different allocation and (ii) other power purchasers as may be J prn icled by contract. The Agency shall devote its best efforts to the acquisition, by purchase or otherwise, of the Power and ! 0 , • 0 w Q5•pc~1 ~endaNo E:lergy required to meet the requirements ofn~jts po_x~salea S~ contracts. v DELETE-- ing .-h ied h _ e y iqe Cities , supplied ate---Agel+, _ ameunts ef Power and ((e) The previsiens ef this J €'YARr-a after L. G G FL. h 1}ie4- Section 41 Performance of Certain Services. (a) in addition to the delivery of Power and Energy hereunder and the performance of all acts and actions incident thereto, the Agency agrees that, to the extent not performed pursuant to or as a consequence of any other section of this Contract, it will either perform or cause to be performed, in a prudent and economical manner, the following services concerning the interrelated activities of the Agency, the Cities and others, as well as various combinations of such parties: ADD-(1) services that the Cities shall determine to be appropriate and necessary including, but not limited to, the followings (a)44+ comprehensive planning for Power and Energy and the transmission thereof to mutually agreed upon load centers; (b)+2+ undertake or coordinate and monitor the design, construction and operation of joint facilities; (e)434- plan for and undertake or coordinate and monitor the economic dispatching of Power and Energy of the system and the systems of the Cities and other entities (to the extent permitted by contract) to which such systems are iaterconne&F;id. pursuant to subsequent agreement (s) between the Cities, the _ncy any • other entity; (d)444' provide accounting and cost allocation services; and DELETE-- yy~ time to time, shall d eermine • (4)41e3 City hereby binds itself to pay for the coat of the services that are to be provided b}• the Agency pursuant to • O Subsection (a) of this Section 4, such payment to be mars at the rates and charges established pursuant to Section 7 of this Contract, • O • u~ e _Ili IUt- . 1 H,i1 10l I,Y Ur UtN IUI UI ItL rrU,tjl'I-~t.+G-d 1.!41 7Jrl~J 1'k4.5 Exhibit I 1JCi!I cf~Olil~Sv! - r1.a~' ThfPA CONTRArr + „M~,. section 3: Sal• and Purchase of Power and Energy, p (a) Each City during the time this section is applicable ohallr nSLETE--(1) f4rehaqe_and_ twit 1 r ~ '54! this t4ea "1 ~~~'j G 111,11 141 INIIIIII III III ton .0 er eXII f--ewe- ;!!be@Ae~yte ~ r• ,.:,.ate-n7--~.vcx is in e€- 9A~1- rarer e 1111111! 111 1 11113,11141 1149 11 IIIII'l ADD--(1) Purchase and receive from the Agency its pro rata share, an determined in section 14, of all power and energy generated from the Agency facilities, (2) Binds itself to pay for all Power and Energy DXLZTE- aequired) by it from the A enc ADD-(generated, purchased, or to this Secti payment to be made at the rates andecharge s establishedn 3, said to Section 7 of this Contract. pursuant The foregoing provisions of this Subsection (a) shall have n on an o application to the purchase or exchange of Power or Energghhyy (i) basis ofeeco omit dismaintenance, atch btween stand-by the basis o t Electric Power Cooperative, Inc, (Brazos), or any one or more of such theentiCititesiesorand~iii) under Brazos and h future existing pooling l agreements agreement amongtthen foregoing and others, all, or any combination thereof, and the Agency, t i Sal 1~ tM 9vant drat the Age, y is not able to supply tht Power and ontrecte,Eitr ehall required • c its availableePover andeEnergye monthly among the (i) Cities pro rata in accordance with their respective list Energy for Load during the corresponding month of the preceding allocation Year (injessa governmental agency requires provided by contract, The Agency other shall odevote ritsebestaef orts to the acquisition, by purchase or otherwise, of the Power and 1 • q5-O01 _ -.j AgendaNo-S,.#~ AgvdaQcr~ Energy required to meet the requirements of. its er Dales 3~y 5 contracts. A8L8T8 ..i r:.=~_ ! -lam-anals~e Ba -94"Pt-pow" ( r e}tal-3-b~ illsmau it ~e4ene 111 !451111 IIIslI e M Section 41 performance of Certain Services. hereunderlandthe addition performance delivery of all acts and actions Energy thereto, the Agency agrees that, to the extent not performed pursuant to or as a consequence of any other Section of this Contract, it will either perform or cause to be performed, in a prudent and economical manner, the following services concerning the interrelated activities of the Agency, the Cities and others, as well as various combinations of arch partieei ADD-(1) Services that the Cities shall determine to be appropriate and necessary including, but riot limited to, the followings transmiss ion thereof to mutually planning agreed p upon load E centera~d the (b){4} undertake or coordinate and monitor the design, construction and operation of Joint facilities (0){3} plan for and undertake or coordinate and monitor the systemsoofdispatching the Cities o and Power other and Energy of entities (to the 8extenta a the by contract) to which such systems are interconnected permitted to subsequent agreement(s► between the Cities, the Agencyrandnany other enti.tyr (d)44} provide accounting and cast allocation services) and ~~el he WW-4~~ (714f4 City hereby binds itself to pay for the coat of the eervfcee that are to be provided by the Agency pursuant to rill andnch(a) of thi arges established n pu4, such aent to rsuant to Section 7eof this the Contract. 0 e r v DENTON o~~ OOppppp , 000 O OOti ooo~ o ~ o G °oo ~ o i X0~~,- 010 p ° N, IT 111 11 ~oa0000 ~ CITY COUNCIL r . Q ( Venda No• ~ c. r~I AgendalterR.. /1 g~'2 D q3 CITY of DEN'TON, TEXAS MUNICIPAL BUILDING / 215 E, MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM TO: Mayor and Members of the City Council FROM: Kathy DuBose, Executive Director of Finance DATE: December 28, 1994 SUBJECT: 1995 BOND SALE To fund the 1994-95 General Government and Solid Waste Capital Improvement Projects the City will sell bonds in February, 1995. General obligation bonds totaling $1,635,000 (bonds are issued in $5,000 increments) will be issued for the General Government projects listed as "authorized/unissued" on Attachment A. Certificates of obligation totaling $2,000,000 will be issued for Solid Waste capital expenditures and issuance costs. A portion of the proceeds will be used to reimburse $310,000 of expenditures designated as reimbursable in October, 1994. Attachment B details the Solid Waste capital plan. We have planned a bond rating trip to New York for February 9 - 10, 1995. We will make presentations to both Moodys Investors Service and Standard & Poor's Ratings Group. if you have any questions, please let me know. to XD 16 YuchrtK'Mf AFrYr36 817/566.8200 D/fW METRO 434.2529 r r 1~ F ~y t. IS, ~ t r I rtl o~, t,11 "1 w) ~.fl,r a C~ ty\ t e ,jGL ri , r • • A 1995-99 CAPITAL IMPROVEMENT PLAN CaENERAL OOVEAWEJT TOTAL P~Mdls t PHAJHCT exaTxw AUT11 ~ AID TOTAL OI!eNA~, YEAR CN/N" Wmem f~IlO wmmo WAOrK Oi l QIYY', IN PI, AMb eONgi iN4668k1610.IN1MeUlrO rurua~ 94-96 PAA"W 006313 AMKOaYEIAPMB4TNORTNEABT 04-96 ENO 001014 VAEFTRECONSTRUOT10N 154900.000 960.000 1$260.000 4,M 78,000 94-95 FAO MOW 000901 NEW ROOF FOR 6 * 1o1AL FUND kWe ,760 151760 154,760 94-96 ENO 0010104 MW 8F%WrCON 599,000 596,000 6TR UOYION/1~pON9111U0 i M 599000 94-96 PAA"M 006312 PAAKACOU1iTK)N NORTH6A8r 906,560 208,2110 94-9a PARK41ra0 006318 60UM (AM PARK DVYgpPMgNT 900,000 900,000 900000 94-95 AMPOAT OOi 90p6 CONBT IOOO RUNWAY AND UOR nW SY6TIM 500000 500,000 300 000 94-96 0RA94A08 MAY19LL6pOQEATCOPPSI 918,860 996,880 9,041,860 9,564800 94-08 CRAWALIE DAWSI L STN O DRAINAOE 90000 90000 90000 94-96 DRAINAGE 061064 AUC68TRE'6TDl *oM 9'0 90,000 90000 94-95 ORAMlAOE 1001000 ARCHER TRNI/B4B16ON NEAR NOTTINGHAM 100,000 100000 94-96 DAMAGE PEOANCAEUCHANNELUNWIS x,000 98,000 98000 ' 94-95 CRAINA09 YALLOWCAE6T WWNAO@ 16,000 16,000 $6,000 e0,000 80,000 94 -95 ENO 6 DIWAUfBAIgNONKiIiWAYPR4J6OT8 60,000 _ 780,000 _ 760,000 m0000 TOTAL 106,960 1654160 0 094660 9,1!4660 9,041,860 4,607,800 YOM • J •Thle revenue source Includes osrlNk*" of ob1 patbn, fund bananas, and general fund n6pWpw. f,.. sL. 'f~'-7/ b . ;'I' OW, Izljvw n y M a e~.y~~aY4Ar}, • , ur }'r~~~3 „',r r~~~~ i'j,S rr Y4 ,0;. 7X, v • W • • t 509Ued0r 2ntl OuarlOr 8rd uasr ~r elA uuNr 7010! Iiuute Qnd_uagpOVidn~um ehl_ _ Ntl Oolld Waste Po1,1VMUNI Plan 430.000 ►f1,000 130,000 1D pd,000 Intortnnlleto Pmoeaelnu Cantar 0e810n 1900.000 19001100 000,000 t 30'0PloPertY Optlon (BulVVa n) 110,000 $10,000 110000 10 110,000 Communlcatlon TOweyPraporty $300,000 $300,000 8900,000 to 1100,000 Autlu Au CoHOO$onIF4Hn/6yeNm 8000,000 1800,000 $400,006 60 1100.000 j Onalroannp For boil" $100,000 $100,000 6100,000 /o 3100,000 Ou ROaowry goOMINy Dludy 126,000 $20,000 198,000 10 891,000 Wolland O611n0epun $0,000 18,000 10,000 so $1.00 Monitoring alquowoO Sumost, 16,000 18,000 $0.00 M 18,000 nuonnp Wed In NAR406 lhtlen Or,pantlod Oil, 110,000 160,000 $40,000 10 8 000 $6 Montano MOn110dn0 WWII 0apentlod1110 930.000 $30,000 b0.D00 10 !30000 HO" On QIno409(Flowtin980euon) $900,000 1100,000 1100,000 1980.000 $0 1$00000 j Lspal Ropruen Mtlen $100,000 1100,000 1100,000 $4 1100,000 Olebal Poaluo6ln08vnev IF.Coo 012,000 FYI9 1101000 10 119,000 OdY0p/on lsuu $10,000 30 110,000 P HOR 910,000 $ID.00 NOR Qn0lnunnOlCe61m11 uonen 31n,MOllon) 1300,000 $0 1300,000 $400,000 1100.000 r LIOalq,pnl ongnon $100,000 80 1100,000 6$001000 1100,000 , In Nrmedlele PmO U,InQ COnlof Cenllrue Hon $21000000 10 11110.000 $0,000.000 $160,000 80,100.000 11.300 000 Prop Ply Aoqu4aon 18 WIIVen1 $1.100.000 60 $1,100.000 11,100.000 11,100,000 Lan WJI ConHmaNOn N.000.000 10 $9,000.000 $0,000,000 $3,000.00 P Y98-00 Total Bond Fund, Pdqulred 11,4111000 $012,000 $900,000 6480,000 $40,000 11,612,000 01,660,000 60,600,000 $3,160.006 ►0 164,610,000 $8,012,000 • rree.rw,M NrcWawA`••.w~m...~a-ue...-.a++owe®m ~..aa,rmwrn®®.+.m.uma • f b 1 o~ o tp N b o -1 WON, _ 11 r I~1t ri1 _Stn ~~3~I rr ttliV f1i,I i)kE~( • • ~ t , F 1 I ~ 1 ~ e 1~1 1~ ti)r d~teW l Lr r~~k~F~~ ~~~'M ~'}rY?'vf, i 1 . e f, 1 DENTON oar°Q°°°°ooo ° p ° 4~ ° °o o~ o0 oG ~o Q o q oa d OO~~~,o pp0 0000 N , 0000 CITY COUNCIL 1 ~ • w 95 OQLr ~lendaNO ! q ndallem,✓ i.Q~. DATE: ianuaar' s 0/0 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING WITH REGARD TO THE PROPOSED ANNEXATION AND ZONING OF A 199.5 ACRE TRACT LOCATED EAST OF MAYHILL ROAD AND NORTH OF EDWARDS ROAD: (A•64) RFCOMMENDATION: The Planning and Zoning Comraisslon is scheduled to consider this Item on January 25, 1995. SUMMARY: The City proposes to annex a 199,5 acre tract located adjacent to the City's landfill east of Mayhill Road and north of Edwards Road, A site map and legal description is included in attachment #1. The tract is to be zoned light industrial "LI" zoning district classification with a specific use permit (SUP) for a landfill. 131CKGROUND: The City has purchased approximately 55 acres and has an agreement to purchase another 135 acres of this tract, City Council approved an annexation schedule on December 6, 1994 setting the dates for public hearings in accordance with state law and the City Charter, PROGRAMS DEPARTMENTS OR GROUPS AFFF D: i Solid waste services. i i • L'tSs',AL IMPACC'. • r I The purchase and annexation of this site will provide long term solid disposal capacity for the. city, Page • a • Age RdaNo 4 5 - a o / rote - --3 •Respec Ily submitt d: Z d65 Uoyd V. Harrell City Manager `Prepared by: t'~21,~ ~ , pt/~ctc ~ Harry N, Persaud, MRTPI, AICP Senior Planner Approved: Frank H, Robbins, P Executive Director r Planning and Development I Attachment #1: Site map and legal description A•64 Attachment #2: Annexation Schedule • i a i Page ,r ( E` 1114 :fir 1 f ~•`r 1, Sli '.!r ~.,.q Nk l~`ti _ . ai s r gendaNo. S - dd / ATTACHMENT 1 Qendalie S A-64 Landfill Page 1 of zu S NORTH L I IN Ai/ OYft 3 7 Yp Y 1 . r Location Map Date: 3!8/94 Scales None y ILA, i s ~pendaNa.gS -pd 1 - ATTACHMENT 1 Page 2 of 2~~ r y~ ALL that certain lot, tract, or parcel of land --lying anteing situated in the county of Denton, State of Texas, being part of the Gideon Walker Survey A-1330 and more particularly described as follows; BEGINNING at a point in the exis'Lng city limits said point lying in the south line of a tract described in ordinance 81-94 said point also lying at the northwest corner of the tract described in ordinance 83-1.8 and in the center of an east/west road (known as Foster Road); THENCE west along the center of said east/west road and the south line of said City limits (ordinance 81-94) a distance of 1815.66 feet to an interior corner of Ordinance 81-94, and the west boundary line of the Gideon Walker Survey A-1330; THENCE south with the west boundary line of said Walker Survey and the east line of Ordinance 81-94 in Mayhill Road 1228.21 feet to a point in the center of a county road and also the northwest corner of Ordinance 86-14t THENCE south 20 west with the east line of Ordinance 86-14 a distance of 1727.92 feet to the northwest corner of Ordinance 83- 16; f THENCE south 880 291 east with the north line of. Ordinance 83-16 a distance of 1489.1 feet to the northwest corner of Ordinance 86-15'; THENCE south 860 53' east with the north line of ordinance 86-15 a distance of 1412.5 feet to the northwest corner of Ordinance 86- 218; THENCE south 866 591 59" east with the north line of Ordinance 86- 218 a distance of 627.98 feet to the northeast corner of Ordinance ~a ,6-218 and in the west line of Ordinance 84-17, Third tract; 1 THENCE north 1260 feet to the northwest corner of Ordinance 84-17, Third Tract and the southerly southwest corner of ordinance 83-18; • THENCE north 10 41' 08" east a distance of 541.96 feet with the most easterly west line of ordinance 83-18; THENCE north 87" 37, 54" west with the northerly south line of ordinance 83-18 a distance of 831.02 feet to a point for corner; O THENCE north 880 151 45" west with the northerly south line of ' i • Ordinance 83-18 a distance of 792.29 feet to the most northerly southwest corner of ordinance 83-181 THENCE north 10 09' 20" east with the west line of Ordinance 83-18 a distance of 1308.77 feet to the Point of Beginning and containing 199.5 acres of land. i AEE0028C/9 • d , • s ATTACHMENT 2 IOndBNG _~s' Q~ ANNEXATION HED it F~ '~~~da~tem,# December 6, 1994 City Council sets date, time and place for public hearings, December 18, 1994 Notice published in Denton Record Chronicle for first public hearing. January 3, 1995 City Council holds first public hearing. . January 6, 1995 Notice published in Denton Record Chronicle for second public hearing. January 17, 1995 City Council holds second public hearing. Ja,)uary 25, 1995 Planning and Zoning commission makes recommendation. February 7, 1995 City Council institutes annexation. First Reading of Annexation Ordinance, February 10, 1995 Publication of Annexation ordinance in Denton Record Chronicle. March 21, 1995 Final Action by City Council. Second reading and adoption of the Annexation Ordinance, 1 • '*J • 4( A e e DENTON o~oa~ooaoooooo ~ o o p o 0 co p4 OOO r ~ ~ ~ppp ~ oopo 0000 0 NJ aaanaaa~o , r CITY COUNCIL ~ e . o • en e 6(jondaNu-Am J! CJI Agendalhm 6%~. Date 1 dd b DATE: January J, 1995 CITY COUNC TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING WITH REGARD TO THE P',tOPOSED ANNEXATION OF' A 1.1 ACRE TRACT LOCATED ON AND BLING THE EAST PART OF THE RIGHT-OF-WAY OF CORBIN ROAD AND GIVE DIRECTION TO STAFF: (A-68) CO ENDATTON: ' The Planning and Zoning Commission is scheduled to consider this item on lanuary 25, 1995. SUMMARY: The City proposes to annex a 1.1 acre tract located on and being the east part of the right-of-way of Corbin, Road. A site map and legal description are included in attachment #I. The strip of land extends approximately 1,917 feet along the center line of Corbin Road and 25 feet wide measured from the center line. BACKGROUN12: The low water crossing at Hickory Creek and Corbin Road requires the city to maintain signs and gates in order to provide for public safety. Part of Corbin Road at the low water crossing is located in the City and the other part is located in the County as the city limits line run along the center line of Corbin Road. In view of the high costs to maintain gates and signs, staff is proposing to close that portion of Corbin Road. The closure of the road is intended to follow after annexation. City council a ~ dates for pproved an annexation schedule setting the public hearings in accordance with state law and the City Charter. Staff mailed letters to property owners informing them of the proposed annexation. PROGRAMS DEPARTME~S 4R GROIJ~S AF~~~rED: Eight homes located along Corbin Road will be affected by • A • the proposed closing of that portion of Corbin Road. Residents may use an alternate route thruugh Springside and Underwood to access Airport Road. • o ~gendaMo____~5 401 EiSCA~ z IMPACT: The proposed closing of Corbin Road will result in an annual saving of approximately $7,000, Respel u/lly su m tted: / Lloyd Harrell ~Prepared: / City Manager Harry A. Persaud, MRTPT, ATCP Senior Planner App veil: Frank H. Robbinl-,, AICP Executive Director Planning a!id Development Attachment #li Site map and legal description A-68 Attachment 02: Annexation schedule • f s e , • ~ i 1 0 w f4 w s r '~gen9aNo._~5~~p~ ATTACHMENT ux~►nc~r A-de NORTH 1 AIRPORT 00. SITE s 0 METRO sr, a g COANIN NO. • Loaatioa Map No Scat i • • r ATTACHMEIIT 1 ~aAdaNO~~ Page 2 of 2 EXHIBIT "A" N y~~ ALL that certain lot, tract, or parcel of land situated in the T.W. I Daugherty Survey A-357 Denton County, Texas and being more f particularly described as follows: BEGINNING at a point in the existing city limit line at the northwest corner of said T.W. Daugherty Survey and the southwest corner of the R. Chowning Survey A-266; THENCE in an easterly direction with the city limit line 25 feet to the easterly right-of-way line of Corbin Road; THENCE in a southerly direction 25 feet easterly from and parallel with the existing city limit line 1917 feet to a point for corner; THENCE in a westerly direction 25 feet to the southeast corner of the J. Hardin Survey A-1656 and the northeash corner of the J. Bacon Survey A-1540, same being a corner of the existing city limits; THENCE in a northerly direction with the existing city limits 1917 feet to the Point of Beginning and containing 1,1 acres of land. 4EE00405 i 1 • l I o. • e M1 ATTACHMENT 2 ~9RtlaN0~i5 dOI.. ANNEXATION SCHEDULE Ag°nJaltaRL~,Q.~._ Dale-1 -~3- V- December 6, 1994 City Council sets date, time and place for public hearings. December 1e, 1994 Notice published in Denton Record Chronicle for first public hearing. January 3, 1995 City Council holds first public hearing, January 6, 1995 Notice published in Denton Record Chronicle for second public hearing. January 17, 1995 City Council holds second public hearing. January 25, 1995 Planning and zoning commission makes recommendation. February 7, 1995 City Council institutes annexation, First Reading of Annexation Ordinance. February 10, 1995 Publication of Annexation Ordinance in Denton Record Chronicle, March 21, 1995 Final Action by City Council. Second reading and adoption of the Annexation Ordinance. j • 1 4}.y~ir"K7# 1 1 l • ca wAil s A~E'3 ;it~l,'5 ! u X1'1 , bI i~ 1L I M 4ii f"' _ ! f C.4 I . l I w y I `l i 41 nor Mao, owl W. : i' , ; • ~I f pow • MIS a ro_ e.n I Y.. I tik'. PfV~ti ~r i . 0 i DENTON pozoooooo000 oao~ o D o 10 ( © q o Opp r o 0004)000 DOS 00000 oopa N$ 0 aQa n oa ® CITY COUNCIL o • 0 NefldaNo Ageadaltem~~ ` A. Date ORDINANCE. NO. AN ORDINANCE ACCEPTING COMP°TITIVF BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, FQU?PMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, 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 recumnended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS= I SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in th "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such Items; BID ITEM NUMBER _NO VENDOR AMOUNT 1693 1,2,8A. KARL KLEMENT FORD ¢ 45,729.00 1693 3,6,7,7A CLASSIC CHEVROLET $100,445.00 1693 4 SAMUALS CHEVROLET $ 22,700.00 1693 5 HUDIBURG $ 29,174.00 1693 9 PRESTIGE FORD $ 15,744.00 1693 10 HENDRICKS GMC $ 14,549.00 1694 ALL VILLAGE FORD $ 49,339.00 1698 ALL CONLEY LOTT NICHOLS $ 42,380.00 1699 ALL R & D CONTRACTING $ 15,000.00 1702 ALL ZIMMERER KUBOTA OF DENTON $ 59,941.00 1703 ALL WITCH EQUIPMENT COMPANY $ 20,437.21 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City araepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. k e - w e '~AendaNo. agendalte 3 ~ Date -JJ SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached heretol 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 immediately upon its passage and approval. PASSED AND APPROVED this _ day of 1995. BOB CASTLEBERRY, MAYOR ATTEST, JENNIFER WALTER, CITY SECRETARY BY: fI APPROVED AS TO LEGAL FORMt e MICHAEL A. BUCEK, ACTING CITY ATTORNEY j i BY: e ~ e • e e y~ a frk a)i J~' r 5-A • ra s • DATE: JANUARY 3, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council t:5- Ap9ratlaNo..._ _ FROM: Lloyd V. Harrell, City Manager Ag©nt,`ahem/~°S # Y/g i SUBJECT: BID M 1893 - FLEET VEHICLES Da18 j_ 3 ,b ALT RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting sped ications for each Item as listed. ITEM DESCRIPTION VENDOR QTY PRICE 1. 1/2TON SWB P/U KARL KLEMFNT FORD 1 EA 2. 1/2TON LWB P/U KARL KLEMFNT FORD 1 EA $12,081.00 3. 3/4TON LWB P/U CLASSIC CHEVROLET 3 LA $12'815.00 4. 3/4TON 4X4 P/U SAMUALS CHEVROLET 1 EA $42,285.00 5. 1TON CAB/CIIASSIS HUDIBURG CHEVROLET 2 EA $22'700'00 8. ]TON CAB/C.HASSIS CLASSIC CHEVROLET I EA $29,174.00 7. 1TON CAD/CHASSIS CLASSIC CHEVROLET I EA 8,182 28.00 7A. 1TON CAB/CHASSIS CLASSIC CHEVROLET 1 EA $18,1.00 8. 12 PASSENGER VAN NO AWARD $20,070.00 8A. 15 PASSENGER VAN KARL KLEMFNT FORD 1 EA $20,833.00 9. 7 PASSENGER MINIVAN PRESTIGE FORD I EA 10. CARGO MINIVAN HENDRICKS GMC 1 EA $14 549.00 TOTAL AWARD 14 $228,341.00 SUMMARY' This bid is for purchaso of fourteen (14) assorted fleet vehicles. The units w1116e assigned to Water/Waste Water Engineering, Engineering, Parks, Solid Waste, Facilities Management, Wator/Sower Field Services, Waste Water Treatment, Utility Administration, and Electric Distribution. Each vehicle is a motorpool replacement (9) or fleet addition 4 approve budget process. Each vehicle being replaced will be reviewed by Fleetervices to determine If reassignment to lighter duty or disposal at public auction is the beat option. The lesser price offered on stern 10 by Village Ford and H« diburg Chevrolet are for full size vephiclos and not applicable to our Intended use. F BACK (I3C)nWTI; Tabulation Sheet PRCGRAMS, DEPARTMENTS OR R GROUPS AFFECTED: Fleet Services and the various department or d-Tvns receiving ne vehicles, FISCAL, IMPACT: These fourteen vehicles will be funded from Motor Pool Vehicle Rephicomont Funds or approved budget expenditures. e • • I i • o • ~a - • CITY COUNCII, REPORT QgllntlaNo.._q`~..adl JANUARY 3, 1995 PACE 2 OF 2 Anerdaltertt~__.!!4 Date_..1's Rasp fully au tad: do d Harrel City Manager Approved: Name: Tom b. Shaw, C.P.M. Title: Purchasing Agent 553.ACtIg1A +i. i II I i • 1 1 ~ t , J t f <1; i'r;A • a • • e1D • 1163 BID NAME FLEET VEHICLES VILLADS KARL HENDRICKS METRO BILL HUDIBURO ALAN NORTH PRESTIGE CLASSIC FORD KLEMENT DMC FORD UTTER CHEVROLET SAMUALS LOOP F0140 CHEVROLET OPEN OAtE DECEMBER 13. 18$4 FORD TRUCKS TRUCK FORD - ATUOPLEX DODGE YEN 004 GpT6N Rr.. 1. 1 1;2 TON PICKUP SHORT 619,131.00 11:11 1.00 116,04E 00 NO BID $16,666.10 013,916.00 $19,470.00 NO BIO $12,615.00 119,466.00 WHEELBASE 2 1 112 TON PICKUP, LONG $19,013.00 $12,511.00 $13,766.00 NO BID 016191.16 $16,661.00 {13,000.00 NO BID $14,070.00 $13,471.00 WHEELBASE 3. 3 314 TON PICKUP $1.1,21000 814.133.00 $11,194.00 140810 6141306.16 $14,101.00 114,130.00 NO 810 $14,759.00 614,0011 4. 1 314 TON EXTENDED CAB $23,103.00 $93.169AO $23,137.00 NO BID 494,000.66 699.10700 120.700.00 NO BID 464,611.001 $29.661.00 PICKUP, 4 K 4 18. 2 ! 1 TON TRUCK CABICHABSIS 611,400.00 614.706.00 $16,19600 $17,744.00 NO BID $14,617,00 816240,00 NO 810 $14,034.00 $18,807.00 a. 1 j 7 TON TRUCK CASICHA8618 661,906.00 $91,96600 620,344.00 $19,197.D0 164.17600 690,9!6.00 960.180.00 NO BID 199.196.00 118,996100 ! 116.000 OV W. li CA DIESEL 7. 1 f 1 TON TRUCK CAB7CHASBIB x118,030.00 $16,415.00 $16,644,00 11172,910.00 604,076.00 $10,443.00 $11.400.00 NO BID 0$6.407,00 $11.10600 115,000 OVW,64' CA GASOLINE 7A.' 1 1 TON TRUCK CAB/CHAS018 $91,102.00 $21,851.00 $20,616.00 429,110.00 994,776.00 190,601.00 $90,360.00 NO 010 $99.64111.00 $801070.00 10,000 OVW, 64' CA DIESEL 6. 1 1 TON 1! PASBENGER VAN 8901666.00 146 $01,406.00 NO 810 NO 810 $10,760.00 000,400.00 160,771.00 $01,611.00 801.161.00 aA 1 OPTION 16 PASSENGER VAN 191,01600 7!0.656.00 NO BID NO SID NO BIC 919.871..10 16$,161.00 111.714.00 7911107.00 191,771.00 B, 1 MINI VAN, 7 PAL431INGER 616,680.00 NO 61D 116,0111 NO sic NO 110 6171070.00 NO BID NO SID $11,744.00 I18.040,00 10J 1 MINI VAN, CARGO VAN $14,666.00 NO BID 114.640.00 NO BID NO 71D $14,696.00 NO BID NO BID $16,161.00 $16.196,00 { 1 - DELIVERY - 46-136 00- 160 $0-1t0 a0-190 00-120 190 DAYS 60-170 40-66 a0-10 10-11a DAYS DAYS DAYS DAYS DAYS DAYB DAYS DAYS DAYb fj A RE NOALE FORb AI, 7.6 . • r1. -~1 Ci D 1 R~ d ~O I b t • w • DATE: January 3, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council gCndaNo- Jr SOD FROM: Lloyd V. Harrell, City Manager 4C11d8llBm SUBJECT: BID# 1694 12 YARD DUMP TRUCK qt, ~~s RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications; Village Ford in the amount of $49,339.00. SUMMARY: This bid is for the purchase of a 12 cubic yard dump truck assigned to the Electric Distribution Division. It is a replAeement vehicle fora 1984 8 yard dump truck. The oid unit will be assigned to lighter duty operations in the motor pool. BACKGROUND: Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Motor Pool Operations and Electric D st 11 ribut on Divisions. I'ISCAL IMPACT: Funds for this unit will come from 1994-95 budget funds; account number 810-103-1031-4280-8811. Budgeted amount is $52.000.00. 4Respeo ly sub tted: Llo H rre . City Manager Approved: Name: Tom D. Shaw, G~P.M. , • • Title: Purchasing Agent 557.AOENDA i ~ J, r 1 • • aID NAME 12 cY Du p THUG( O() T q~ ~ i CLAS mw DALLM SIO P IrellT FORD M Y { TOvm FTRl1CK OPEN GATE DECEMBER 13. 199{ pfypOLFT IFT FT ' OE9_~p_<R7►~ + Jr DIESEL DUMP Y TR A BODY V TRUCK ~ r ~ i 12 CUBIO K) YARD TA TANDEM - $61.961.00 ~ $0,9=00 i-~-.._ =19,33p,00 >)63 699.96 $51,50.00 ` >y61 Bi6.00 SRl)91.00 $83./4.00 STATE DELIVERY TINE 120 DAYS 12D-130 90-160 90-120 104-130 76-120 000 1160 DAYS DAYS DAYS DAYS DAYS DA "S HMO ELL O CHEVROLET 007 33D FTVM PETE ILT FOFM INTI. I. ~ FORD am FT900 TO7 TC7 BODY . MAYBAR FONTAN OALION GALION FONTAN VVAFMN FONTAM! FONTAIN AKIOEL ENGINE MFO. CAT 3119 FOID MODEL FO1A90 M6 FD14M FD114w 3116 CAT 311! I (~AIL~DOO QML BODY 160 DAYS i ~ • i s u T ~L ly ti WWI- ~.2~~':7l'~"~~3F~~ ~i i • _ w e r DATE: JANUARY 3, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager 4gentlalPerr~,~Q S-~~" SUBJECT: BID 0 1898 - VIBRATORY ROLLER r te~- f RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting j specification; Conley Lott Nichols In the amount of 342,380.00. SUMMARY: This bid is for the purchase of a Vibratory Roller with an operating weight W-8000 lbs, It is a self propelled double drum design, intended for compaction of flexible pavements as well as road base material. The unit will be assigned to the Street Maintenance and Construction Division, The lower price offered by Case Power failed to meet specifications in all major categories such as horsepower, weight, drum diameter, eta, ff The new unit replaces a 1.985 model roller already taken out of service and destined I to be sold at auction. f BACKGROUND: Tabulation sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Motor Pool Operations and Street maintenance Division, i FISCAL IMPACT: This unit will be funded from Internal motor pool lease fuuua; account numbor 720-025-0584-8104. Respectf y submi e Lloyd Harrel City Manager Approved: Name: Tom D. Shaw C. Title: Purchasing Agent i. i a s • BID NAME VIBRATING ROLLER CONLEY CASE DARR LOTT POWER OPEN DATE DECEMBER 16, 1994 NICHOLS & EQUIP VEN 1 1 DOUBLE DRUM VIBRATING $42,380.00 $24,886.00 $74,819,00 ROLLER MAKE BOMAG VIBRAMAX CAT f MODEL BW137AD 252 108844 i t DELIVERY 70 DAYS 21-30 DAYS 46 DAYS i i j I I li a i • DATE: JANUARY 3, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council Aa9l1QoNo__ FROM: Lloyd V. Harrell, City Manager a~ofldBlCAl1~. 7_~ Oote_~- 3 S SUBJECT: BID N 1899 -FLEET WASHING SERVICE I RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, R & D Contracting in the amount Indicated on the tabulation sheet. Estimated annual expenditure is $15,000.00. SUMMARY: This bid is for the on-site washing of various fleet vehicles. Vehicles are w&.' ed on Friday afternoons on an as needed basis. The quantity will vary from week to week. The primary users of the service are the Water/Sewer Field Service Division ant. Electric Distribution Division. The service will be available to all other divisions on a per unit basis. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water/Sewer Field Services, Electric Distribution and other fleet vehicle operators. FISCAL IMPACT: Funds for this service will come from 1999-95 budget funds for fleet maintenance from the various using departments. Rasp ully sub nfi~e ley . Harrell City Manager Approved: `mow Name: Tom D. Shaw, C,P.M. Title: Purchasing Agent 558.AORNDA • 6 • 1310--~ - - BID NAME FLEET WASHING SERVICE R 6 D A--1 'T CONTRACTING PRESSURE OPEN DATE DECEMBER 16, 1994 WASH T DESCRIPTION VENDOR WASHING OF FLEET VEHICLES 1. PASSENGER CARS $6.00 $6.00 2. { PICKUP TRUCKS $6.00 $6.00 3. ~NE TON UTILITY BODY TRKS $10.00 $18.00 1 14. FLATEED TRUCKS $10.00 $16.00 6. ! 6 YARD DUMP TRUCKS $12.60 $20.00 6. 12 YARD DUMP TRUCKS $13.60 $27.80 17. (ELECTRIC UTLY BUCKET TRK $14.60 $26.00 e. SEWER FLUSHING TRUCKS $20.00 $95.00 9. +1 TRACTOR LOADER/BACKHOE $26.00 $26.00 I10 f TRENCHERS $12.60 $26.00 • j 1., TRAILERS $8.60 $16.00 12! MISCELLANEOUS NTE $12.60 $60/HR ! t+; ~ i.~IN e sm e DATE: JANUARY 3, 1995 CITY COUNCIL REPORT q5 - O j daN0 . nJ A TO: Mayor and Members of the City Council AgBfI~i Aon2101T1 FROM: Lloyd V. Harrell, City Manager `S i)itte --L SUBJECT: BID N 1702 - TRACTOR WITH SIDE BOOM MOWER RECOMMENDATION: We recommend this bid be awarded to Zimmorer Kubota of Denton in the total amount of $59,941.00. SUMMARY: This bid is for the purchase of an eighty five horsepower tractor with mounted side boom mower. The total bid price also includes an optional boom tip ditcher, a 15' flex-wing rotary mower and the optional enclosed cab with air conditioner. (See tabulntion sheet foe price breakdown). This is a fleet addition for the Drainage Department. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Drainage Department FISCAL IMPACT: This unit and optional equipment will be funded from internal k motor pool lease funds, and repaid over a 36 month time period. 4 espe ally sub to Llo d r City Manager Approved: I Namo; Tom D. Shaw, C. P, M. Title: Purchasing Agent , 559.AO8NDA e • e e O F~ ;~~G i•X 11 .L ~~h Ih1. • w • • .ti r, nl -Jr e r n r . n. r!rR•. •tBID NAME TRACTOR WITH SIDE BOOM DALLAS ZIMMERER CLEMONS - MOWER FORD KUBOTA TRACTOR OPEN DATE DECEMBER 20, 1994 NEW OF CO HOLLAND DENTON DEWRIPTTCM VENDOR 1 6ACTOR WITH SIDE BOOM $47,390.00 $42,907.00 NO BID MOWER: TRACTOR MAKE FORD KUBOTA MODEL 7740SLE M868ODT TRB60C f 2. 1 OPTIONAL ACCESSORY BOOM DITCHER $3,803,00 $3,939.00 3. 1 FLEX-WINO ROTARY $7,180,00 $7,176.00 CUTTER 16' OPTION CAB, $4,606.00 $6,919,00 W/AC i DELIVERY 90-120 120 DAYS DAYS TOTAL $82,678.00 $69,941.00 ry~pua8t ! 00 oNSWu N I r 1yell, fl _I , t iC~i- "31~ i. .1 7 • en e r 1 DATE: JANUARY 3, 1995 CITY COUNCIL REPORT 9~ ,~O I TO: Mayor and Members of the City Council Ageadalle~t'. cq7-- FROM: Lloyd V, Harrell, City Manager oate ~1 54 SUBJECT: BID # 1703 - TRENCHER AND TRAILER /I/ q /Sft RECOMMENDATION: We recommend this bid ba awarded to the lowest bidder, Witch Equipment Company in the amount of $20,937.21 for the combination trencher and trailer, SUMMARY: This bid is for the purchase of a 35 horsepower trencher, capable of digging a 60" deep trench 6" wide and a transport trailer designed to haul the trencher. The unit Is a fleet addition for the Electric Distribution Division and will be assigned to the underground distribution group, BACKGROUND: Tabulation Sheet PROGRAMS, DEPAR7`METITS OR GROUPS AFFECTED: Electric Distribution Division FISCAL IMPACT: This unit will be funded from 1999-93 budget funds allocated for this specific type equipment during the budget process. as fully su re 4 2 a cre • City Manager Approved: e Name: Tom D. Shaw, C P,M. • • Title: Purchasing Agont 560. AQMA Jj 1 3 f t- t+.1 • w s • { iF TRENCHER AND TRAILER VERMEER HALL CASE WfTCH BID NAME EQUIP. POWER & EQUIP OPEN DATE DECEMBER 20, 1994 & SUPPLY EQUIP 1. 1 TRENCHER $221,896.00 $20,586.00 $22,655.00 I $18,218.21 MAKE VERMEER BURKEN CASE D.W. MODEL 3650 B36 480 3500/H311 DELIVERY 1-20-96 30 DAYS 3-8 WEEKS 10 DAYS ` j 2. 1 TRAILER, TILT BED $1,575.00 51,900.00 $1,865.00 $2,219.00 MAKE BELSHE BELSHE SELSHE READY HAUL MODEL WB1 WBi OT2E8 RH12TSH DELIVERY 15-20 DAYS 30 DAYS 3-4 WEEKS W DAYS ii I A-1 RENTAL CONLEY LOTT & NICHOLS 1 TRENCHER AND TRAILER $24,470.00 $22,48500 $24,620.00 $20,437.21 N • / i , f~ Y .V1, . i f, i rti rr {+j~S t. k f ! ftjt v ~#I,Si . • c> • i i DENTON i o~oooe~13 D oQOOaoo o° 4 °0o o~ o 0 v ° Q E::D d d '00o oo000 ~OpO ~ooo 0 N . ~ ocoo ao~o~nooo . 1 CITY COUNCIL ~ • ° o s • Ageoda No Agenda I Iem Date--L--,65 108.5 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFUCTIVE DATE. wiiEREAS, the City has solicited, received and tabulated 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 are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1700 ALL JAGOE PUBLIC CONSTRUCTION CO. $7620858.72 • SECTION I1. That by the acceptance end approval of the above numbered Items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. w e T_.._ Agenda No goadalto~ ~ 4~_ f aato~~~ SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1995. BOB CASTLEBERRY, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: e MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: e e DATE: JANUARY 3, 1995 CITY COUNCIL REPORT TO. Mayor and Members of the City Council ~endaNo~QS-ODl FROM: Lloyd V. Harrell, City Manager Date.-/-.J z? SUBJECT: BID #1700 - JIM CHRISi'AL ROAD PAVING AND DRAINAGE PHASE II RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Jagoo Public Cons n Co. In the amount of $782,858,72, SUMMARY: This bid is for the paving and drainage improvements on Jim Christal Road, north of the Airport, from approximately Masch Branch Road, East to approximately the intersection with 135 at Scripture and West Oak, The bid Includes all materials, labor and equipment for completion of the project. Some of the major items Include 22,417 cu.yd, unclassified excavation, 27,655 sq, yd. asphalt pavement, approximately 300' of box culvert and approximately 500' of °:mcrete cylinder pipe. BACK- GRO_ UND: Tabulation Sheet, Memorandum from David Salman, Senior Civil Engjfneer. PROGRAMS DEPARTMENTS OR R_ GROUPS AFFECTED: Engineering Department, Citizens o Denton. FISCAL IMPACT: This project will n funded from 1994-95 budget funds and reimburse--- d by llenton County as payments are made. • Res ully sub t d: to d . Harrell App~r-voted: City Manager e 'ar: , Name: Tom D. Shaw, C.P C e o Title: Purchasing Agent ~61 AGENDA .A/ L 1 1.~~ ) 1. 1 .~'.ANM ~~IV V ~y 1 r a~ • r A BID NAME JIM CHRISTAL ROAD I JRJ PAVING SUNMOUNT JAGOE APAC I OPEN DATE DECEMBER i5, 1994 INC. CORP. PUBLIC TEXAS VENDOR 1. TOTAL BID PRICE $836,673.97 $773,067.80 $762,868.72 $897,147.10 { I i I f a h • j i 0 i - m • r: c i t y C1: is 1 . 19911 Dc 1 ~5 rDD1 AgoacaitowjLs_~--F~, . CITY of DENo`t7N, TEXAS MUNICIPAL BUILDING • 215 E. MCKINNEY, Y T0N, TEXAS 76201 (817) 566.8200 * DFW METRO 434.2529 MEMORANDUM DATE: December 16, 1994 TO: Tom Shaw, Purchasing Agent FROM: David Salmon, Senior Civil Engineer SUBJECT: Jim Christal Road Bid (11700) Bids for Jim Christal Road paving and drainage Phase II were opened on Thursday, December 15th, 1994. The low bidder was Jagoe Public with a bid of $762,858.72. We have checked the bids for correctness and have found all bids correct. Our construction estimate was $852,098.00, so the bid is very reasonable. Jagoe Public has completed numerous paving projects for the City of denton in the past with positive results. I recommend that the City of Denton accept Jagoe Public's bid and that it be forwarded to City Council for their January 3, 1995 meeting. David Salmon • f AEE00499 I' "Ue~licutrv! m Quali(s, Serrfee" i . G) r i I DENTON ovo0aoooopo ov°° 4°°o o ~ c~ ° ca 0 O ~ 00 %ooftooooo ~DOO . O N 000 °oQOa a o o~o~° CITY COUNCIL I* . • an Agenda No Apdallem. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURrE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, includingt Items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt i SECTION I. That the following purchases of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approvedt PURCHASE ORDER NUMBER VENDOR AMOUNT 52157 PARADIGM $27,160.00 52158 PARADIGM $331950.0,0 SECTION II. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. ® SECTION III. That the City Manager is hereby authorized to r execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. • • No A-- Agendaltam Date -9 C La1 7 SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996, BOB CASTLEBERRY,MAYOR ATTEM JENNIFER HALTERS, CITY SECRETARY BY= APPROVED AS TO LEGAL FORMS MICHAEL A. BUCEK, ACTING CITY ATTORNEY BYt - r • ...,.~...,.•......~w.,.t,w...,. • r.wwrcAbYilv9 ':w ~•..o.... . i 1 7 ~ 1;" • • 1, r f151 n~7ii G {i~ %l+r7n~l ~~`n'J ~~i ~F ~Yi ~t . X14'' ~ , A s . C r I DATE: JANUARY 3, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council ~lgOq(lglt0~~C FROM: Lloyd V. Harrell, City Manager SUBJECT; PURCHASE ORDER #52157 AND 152156 TO PARADIGM TRAFFIC 7 SYSTEMS RECOMMENDATION: We recommend Purchaao Orders #52157 and #52158 to Paradigm be approveW n the amount of $27,160,00 and $33,950.00. Total expenditure $61,110.00, SUMMARY: These two purchase orders are for the acquisition of Transyt Traffic Controllers. Four (4) on purchase order 52157 for the Welch Street Traffic Light System and five (5) on purchase order 52158 for the Oak/Hickory Traffic Light System, The controllers are sole source purchases available only from Transyt Corp, and distributed in Texas only by Paradigm Traffic Systems Inc. The Transyt brand is the only controller compatible with our closed traffic loop. Software and design are protected by copyrites and patents. Purchase of solo source materials are exempt from the bid process a per Texas Local Governemnt Coda Chapter 252 section 252.022. BACKGROUND: Purchase Order #52157, #52158, Quotatirn from Paradigm, Letter rom TFrensyt Corp. PBM"MS DEPARTMENTS OR GROUPS AFFECTED: Traffic Division, Citizens of Denton, FISCAL IMPACT: These - purchase orders will be funded from Traffic Light Synchronizat on (TLS) Grant Account: #230-020-TLSW-0001-9150 WELCH #230-0202-TLSO-0001-9150 OAK/HICKORY i 'NlMa p ully su ted: O Harr e [ City nager Approved: • r Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent • era • • PURCHASE ORDER NO: 52157 THIS IS A l This number must appear on all CONFIRMING ORDER I invoices, delivery slips, cases, D (IF MARKED) ` ~X I+ ctns„ boxes, pecking slips and hills. DO NOT DUPLICATE Re% Nor Bid No' Da(e: 12-27_914 Page No. 1 PURCHASING DIVISSIIION) 90O OF DTEXAS ENTONf / TEXAS DEXAS 76201-4364 8171383-7100 D/FW METRO 817/267-0042 FAX 8171382-4692 4ENOC: NAME/ PARADIGN DELIVERY CONFIRMING ADDRESS P.O. BOX 161607 ADDRESS ENGINEERING PT WORTH, TEXAS 76167-1607 215 E. M'aLINNEY DMNTON, TEXAS 76201 t VENDOR NO, PAR49000 DELIVERY QUOTED 5-1-95 FOB DESTINATION BUYER TS TERMS (IUMUTY - 001 4 EA VENDOR CAT. 4 N/A MFG NAME 27,200.00 27,200.00 CITY # 55068 SC3000 CONTROLLER AND CABI&E;1r (TLS WELCH SYSTEM) i i 1 J 1 PA= TOTALS 27,,200.00 GRAND TOTAL,, 27,,200.00 • 01 230 020 TLSW 0001 9150 27,200.00 • L 4P h r ~ r S IlEpue0y VFNDOR IWSYRUCTlOtdS 3. Termt - Net 30 !Utln. u1a.n. n.ar,al V- 1. Sent original Irwolce with dupluoto 44". 4. Shipping instructions: F.0,8. Oenin flon prepaid ru.i.,* nau~„ .n,iM1 2 Bill to - Acceunss Fapaele 5. No federal or mute Was lax shall be Included 216 f, McKli 4t in prices billed Purchasing trams Oeatm IX 74201,-4744 1 PURCHASING COPY 0 as • • • PURCHASE ORDER N0: 52158 THIS IS A This number most appear on all CONFIRMING ORDER invoices, delivery slips, cases. (IF MARKE01 7(gg cros, boxes, packing slips and bills, DO NOT DUPLICATE L-------1 Reg No: Bid No: DD URIC 12-27_94 Page 140. 1 CITY PURCHASING DIVISION / 901 OF DENTONf / TEDENT, 'XASEXAS 76201-4354 VENDOR 6171383-7100 D/FVV METRO 817 267-0042 FAX 817/382-4692 NAME/ PARADIGM DELIVERY ADDRESS P.O. BOX 161607 ADDRESS ENGINEERING r11G PT NORTH, TX 76167-1607 215 B. VA3auNEY DENTON, TEXAS 76201 VENDOR NO. PAR49000 DELIVERY QUOTED 3-1-95 FOB DESTINATION BUYER TS TERMS r.„ AMOUMIT G01 4 EA V°-"R CAT. / N/A MPG NAME CITY 0 55068 SC3000 CONTROLLER AND CABINET (TLS OWHICXORY SYSTEM) 61 P i • Lbi a P TOTALS 3~,e_000.00 000,00 01 230 020 TISO 0001 9150 g;~RpU01 34x000.00 UNSpl18f} ..J VFNUOA iNST1giLTI0N5 3. Terms Nei 30 km4,, .e..rr. g1Ub.JI ` 1. Send a*fklw Invoice with dwilliteb co". it. Shipping iastruotlons: F.O,B, Deshnallon prepaid lu.iur .un«r..Hen,.U ellf to Accovnif PayalNe , 6. No Ili Of Sttle S.IeS Iaa Shull be inCfrded 2iMntpn71$/: 1$ i in prices billed. we nQ ivaton PURCHASING COPY lei t i ~,t e I to 12/16/1994 16:47 817-625-9407 PARADIGM TRAFFIC ~y~, P--A(3; 01 (617) 6269406 A90ptla NO (817) 6254407 fax PARADIGM Ago PAA 1! : l TRAFFIC SYSTEMS, INC, QUOTATION TO: City Of Denton NFM 90 Controller Cabinets 1Purc1ltsing 901-B Texas St. Denton, TX 76201.4354 MM: Tom Shaw ph: (817) 267.0042 r.; (817) 383.7302 1Mraraer! i As Rsqutred Mss W am Q1167 71h tatwartr s1sP YM f,p,a y f1PIIM nnN Phss" 3000 001*O0er ed 08bk* alIeMA* for 0"ed LOT $61,110.00 06rOm, Esdt k>&W*V: s) Tran"t 3000 Cord 4w wfmn n nkatlnh and MSO mo&ASS if-owwool cannMa w, moowu-eiwA wrmamory P44 A"TAm n CaW W Vyk~a PK TXDOT $W. N". 6000 d) 16 *Wbon boc4xoet 0 1-NEMA l"W -Bubo 9) ACP-340 &AV Wobcw ) 00"w osrd reek a1 UP for 4.4 CH dst4etaa, 2-romar PE modules and 1 *6 In po%w t4 p* 4 PE Psnsl vd5-PE Tat 9W- T"ppte 1 1) 12---0stedu Test SW - Te001e k) 3000 loaf VF p" for obeed loop opwobm 0 16-SRA4LC ow"tom fhanic you for the uppodkuuty 10 aubaoit a prop" to you to the TOTAIV $61,110 00 above rtferawed project, ICyou have arty gtrad"m pied" feel free l0 ail a Bend Sfax t0 the el $17.390.9407, GOOD LUCKI ® OFFERED BY: e e 1 N. Fake, Ptwklmt PaadWo WKS EysmmI krs, Fodww 00 f6 41 D C 16 (?4 16,'50 817 625 9407 PAGE, 0041 e 0 • s 12122/1994 12.49 811-625-9407 PARADIGM TRAFFIC PAGE 02 DEC 16 094 11:41RI Ionncla No Agonrl,j,Iorruk5.1}-. - Traxy~ COryN~gon 7cf 7 a400 Ce*wwann 00AWO T61904"", F(WO 32=4117 u.1.A. TONON". (1)11112• 1,1 F/pimk; (101) w m ea Deosmb er 1S, 1094 Mr. Tom $hew, purahselng Agent COY of Daman 9018 Taxes Street Denton, TX 10201 PW Mr. Shaw: W haw sppoinled P9redigm Tr*fk Syslems Ina. u our emolusiw dl/trttwtor In the State of Texas, Alt future also Of our squlpment WIN W handled by Paradigm. Also, only the following Tfansyt Modal Comroilers will operats in your Closed Loop System: Model 10t30EL Model 3000 The Model IUCE has been dis0ontinusd and sups od by the abwn models. If further Is required, please oonteal us, $in0ersly, PEEK TRAFFIC - TRAMSYT • 1 S eu 610 Director of Marketing om David Ayers, Transportation Manager City of Denton • Traft Department 216 E. MoWnney Donlon. TX 10201 0 Paradigm TMntylw/Mnaen Tr.kl.eo~uolTNNnw.e(.. DEC 22 194 12:5L) 817 Sn 9407 PAGE. Ow • 0 • I f DENTON oooaoaaoofloooo oo°~ 4? oo°~ ~o f a Ca C,] d r ~ 0000 N , 0000 aaaoaaaoo CITY COUNCIL . • w s A9eodalfea'_Q___ CITY COUNCIL REPORT FORMAT fkfie__ C/~9,~~~y i / 6 / DATE: January 3, 1995 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Teasley Lane Turn Lane Right-Of-Way Dedication RECOMMENDATION Approve ordinance accepting dedication. &ROWY/BoNCKGROUND The Texas Department of Transportation and Hersman Development Corporation are working together to include a turn lane in the current T.x.D.O.T. Teasley Lane Widening Project. This dedication is required in order to proceed. PROGRAMS, gFPA_RTMENTS OR GROUPS AFFECTED? The Texas Department of Transportation will assume perpetual maintenance of the street and the general public will use it for transportation purposes. FISCAL IMPACT; None 4RESPEC Y SU M EDs r I Prepared by: City Manager Pau Williamson • Engineering Tech II Right-Of-Way Approved: ® Je r C a t • • Director of Engineering & Transportation AEE00398 • O , • s ' r ~'gendaNo Agoodaitoo ' Cate -9b" f N 6 k K e y rti h 4 e K rma,r SITE ro .w ghr 9 • olu xi • ca • F. i \XYIXKS\ ORD\LYBRERI to[toaNU g5 -C90 f !I I 11o(I I(fir'1.~ ..p. ORDINANCE NO AN ORDINANCE ACCEPTING THE DEDICATION BY HERSMAN DEVELOPMENT CORPORATION, VERL LYBBERT, CHRIS LYBBERT AND KATIIERINE LYBBERT OF .273 ACRES OF LAND FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE. DATE. THE COUNCIL OF THE' CITY OF DENTON HEREBY ORDAINS: SECTION I, That the City of Denton, Texas, accepts the dedication of .273 acres of land by Lillian Miller Parkway as described in the attached document of dedication, SECTION II. That the Planning Department is directed to show the property dedicated as a public street on the Official Map of the City of Denton, Texas. SECTION III. That this ordinance sha7.1 become effective immediately upon its passage and approval. PASSED AND APPROVED this the dvy of 15 130B CASTLEBERRY,v MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY PY: • APPROVED AS TO LEGAL FORM: MICHAEL A. 13UCFK, ACTING CITY ATTORNEY • w • r WuuaNU ..pQ S -401 DEDICATION OF PROPERTY FOR PUBLIC DB"*'!01llt0M'-RS p ,1F 1-3- 9b' THAT Heraman Development Corporation, a Texas Corporatlar',-~ 4 n~,pp Lybbert not joined by his wife, of Santa Clara, Ca., Chris Lybbert, 4"D 7 f and Katharine Lybbert of Denton County, Texas dedicates to the public forever for the use of streets and utilities the property described in Exhibit "A", attached to and incorporated herein by reference containing a total of 0.273 acre of land. f r Heraman Development car ration, a Texas orpor ion BY: Georq c Heraman, III C r e Lyb Pres Ver.l ert Katherine Lybbert THE STATE OF TEXAS $ COUNTY OF DENTON $ This instrument was acknowledged before me on w' ig by -George Jacob Hersman iii President of Heraza g2JLO;, tian a Texas Corporation, on behalf of said corporation, f Notay ublic, in and for the State of Texas My Commission Expires 3 • ,24 THE STATE OF CALIFORNIA $ COUNTY OF SANTA CLARA $ • This instrument was acknowledged before me on rrt,ah.! by Vert Lvbb@ t Nocary Public, in and for the State of Texas ^5, ~~9L~ • • „ ^ t d, my Commission Expires ockt& r • - ra • c~andaNa 5 " OO THE STATE OF TEXAS S UJJfIddIiOR D COUNTY OF DENTON S >flt _W~,' S~ Ss This strument was acknowledged before me on 19 J by L Notary Public, in and for the etata of Texas =KIBLIC My Commission Expires ta Executed this the day of , 1994. CITY OF DENTON BY: Bob Castleberry, Mayor ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: AFE0041C i • r • ~r\i it1' J, ~ ~ 'w4"~J~ ~Iti ~ l tai,f tii~',3~i 1~~`Y,+ip~f ~'A' r'1:~N~~,~ r \ t • • "EXHIBIT A" ~~NO ~~'dd l FIELD NOTES Date item S - D f R~te,~ - 3_- RIOHT-OF-WAY DEDICJIT 95 ION Being all that certain lot, tract or parcel of land situated in the J. Fisher Survey, Abstract Number 421 and the John McGowan Survey, Abstract Number 797, City of Denton, Denton County, Texas, and being part of that certain tract of land described in deed to Dimension Development Company, Inc. recorded in Volume 1284, Page 718 of the deed of records of Denton County, Texas, and being more particularly described as follows, NEOINNING at a 1/2" iron rod found on the east line of F.M. 2181, also known as Lillian Miller Parkway (90' right-of-way at this point), said point being the southwest corner of said tract] TNNNCS N 01005'41" W, 677,69 feet along the east line of said Lillian. Miller Parkway to a point ( 80' right-of-way at this point); THENCE S 45023'43" 6, 28.64 feet to a point; TNENCZ S 89041'45" E, 21.99 feet to a point; THENC$ S 01905141" E, 90.03 feet to a point; THENCE S 45018'15" W, 30.36 feet to a point; TNiNCE S 01°05'41" Er 132.38 feet to a point; I TRUCE S 05000'43" W, 94,00 feet to a point; TNNNC! S 01405'41" gr 320.32 feet to a point on the south line of said tract; THENCE H 89023'25" W, 10,01 feet the POINT OF NEOIMNINO and containing approximately 0,273 acres of land, ' I w -"'-wr'~*a~ I • rY •~~ueJ.a,..alV'r~ YIN..,.. i ~ ' T . • ~ 'r ~ ' er "'d~1 ~ /~5~t '"ilt fir, °i~'1A • • SITi'Q~4J'F / 7861' ~1 , . SB9~4t~ rs'c hl, 1J17WFlP! C11k'VEY A) /w 1, c TEASLEY sm ns a'r LANE /i % 343'611115 'V 90' R.OV, / / X11 AREA - IIP92G7 sq ft 0213 AIRES ~4-- r„ / 4 / A J FISHER SUR'vE't nBST NO 421 ~ i of m I / I u I / I I / I ~ UY I IJ yl / rf / ' I 1 7I / G/rH r / 4--- utility CRseaent FCA / I Uper rwi y) p,O.W. DEDICATION ON r LB.UM M LL.ERTP WY / FAA 2181 10 1 J. r*" MY[Y, ANYWT NO. Q1 f J" MCGOWN1 %"Y. ANTRACT NO. 79Y I t, LAQ r 1 _ CITY Or DeNTON 0 . NBB "V OENTCN G & A Consultants, Inc. JErCIME cotr 152/468 ro wr lu Iaa rear I oravH a 1. e. nrt 1' . w parr. x794 r r i 7 DENTON O~aappooOpO6700 04, 03, n° cz] © d o G DO O OOO oo~o o N , ~ coo ~ooo~a~o~ CITY COUNCIL • a _ G► s Agenda No CITY COUNCIL REPORT FORMAT Agondalttl Date TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: December 8, 1994 SUBJ: Interlocal Agreement Between the City of Denton and the City of Roanoke for the Holding and Disposition of Cats and Dogs. MCQIIMENDATION: Staff recommends the adoption of the ordinance. F SUMMARY : The agreement states that the City of Denton will provide certain services to the City of Roanoke for the impoundment and disposition of animals brought to the City of Denton from the City of Roanoke, The City will hold these animals for ninety- six (9G) hours if not claimed by an owner. At the end of the ninety-six (96) hours the animals will be euthana51zed or put up for adoption. The Cioy will hold animals that are possible rabies suspects for ten (10) days, I The City will remove and ship the heads of certain rabies suspects for testing by the Texas Department of Health. For these services the City of Roanoke agrees to pay the fees set forth in the agreement. Six dollars ($6.00) per day por animal being field for the owner to claim. Seven dollars ($7.00) per day per animal being ? held for rabies observation. Fifteen dollars ($15,00) for each animal A euthanasized, Thirty-five dollars ($35,00) for each decapitation and shipment. 0 ~;a;'~ • • Interlocal Agreement: Roanoke yt;r111a+YU Page -2- ~acEU111pR e 57- This is the third Fiscal year that the City of V Roanoke has requested an interlonai agreement for these services. The animals which have been brought to us from the City of Roanoke did not cause conditions of over Crowdl.ig at the animal control facility. Since most of the costs associated with housing animals are fixed costs, accepting animals from the City of Roanoke will not result in an increase in expenditures. City of Denton Animal Control Division City of Roanoke EMAL_IMPAC T : It is estimated that the revenue from this program will be approximately two thousand fi,.e hundred dDllars 2,500.00). This amount was included in the revenue ProJoctions provided to you during the budget presentations for the current fiscal year. Respect lly1submitted: / Lloyd Harrell _ City Manager Prepared by: Nonie Malo-Kul.l Environmental Healt Services Manager Approved by: l~ • Be ty MCKo n Exocut!.vo rector Municipal Services/Economic Development ,r~ r , ~ j1',2y ~~~Tt itid Ir rP r 1 (l c s • Y l t. f ~ ~~S~r,l t` ~h~f 19 r~(1'~q~~•' gfi~3}{`•Y s m e E:\NVEgCS\0RD\RDN10k8,0 nllaNo _ 6 -~O ~gondaltom_~_~C:, ~~lc ._.L- 3 ~S ORDINANCE NO. 3 0 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the M6yor is hereby authorized to execute an Agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. i SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., i APPROVED AS TO LEGAL FORMi MICHAEL A. BUCEK, ACTING CITY ATTORNEY s • 4,5 N dd~la~~N,p - 3)IONYQId iO1W0 o altam Eft y u AON THE STATE OF TEXAS X Dale 1-~ 9 Q~11I8~ X INTERLOCAL COOPERATION AOREElIENT COUNTY OF DENTON X y WHEREAS, the City of Denton, Texas and the City of Roanoke, Texas are both local governments with the authority and power to contracts; and WHEREAS, the City of Denton is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, the City of Denton is the owner of certain facilities and equipment designed for the holding and disposition (i of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, the City of Roanoke desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for the benefit of the residents of the City of Roanoke, Texas; and WHEREAS, the City of Roanoke and the City of Denton mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; NOT, THEREFORE the City of Roanoke and the City of Denton, for the mutual consideration hereinafter stated, agree as follows: I A. COVENANTS OF THE CITY OF DENTON 1. Holding o Dogs and Cata The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the city l of Roanoke and to accept and hold dogs and cats brought to and released to the Center from the residents of the City of Roanoke under the • following terms and conditions: a' The City of Denton agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released to the Center by • the animal's owner, in order to allow the • • owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six (96) hour period, the ownership of • • AcenQaNoAls- 00 r the animal shall revert toA~ qp . S o humanely destroyed. AnimaNe.w111 be-humanely destroyed or placed for adoption at the S r discretion of the Animal Control Supervisor. a b. Holding FOR or Impounded Dogs and ate For the purpose of this Agreement, the City of Denton will charge Six Dollars ($6.00) per day holding fee for each day that an animal is held at the Center. In determining the meaning of the term "animal", as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this the owner of the animall at b the assessed time e the against animal is reclaimed. No animal will be released until all applicable fees are paid in full. c. Holding of ouarant~ned Anim~t~ The City of Denton agrees to accept and hold rabid suspects in quarantine for the City of Roanoke when conditions permit, and such action is authorized by a representative of the City of Roanoke. d. Bolding Fees for quarantined animals The holding fee for quarantined animals shall be Seven Dollars ($7.00) per day for each day that the animal is held. e. i ant U n request of the City of Roanoke, the City of Denton will provide for the removal and shipment of heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be Thirty-Five Dollars ($35.00) for each tread shipped. 2. The City of Denton agrees to request residence information from a person bringing or releasing animals to the Center in order to verify their residence in the City of Roanoke. This requested information shall include; a. Tae person's address and telephone number; b. The person's acknowledgement of hie/her • residence being in the City of Roanoke. • { B. COVENANTS OF THE CITY OF ROANOKE -'n.-•.a Y. . • v Wes.. ..Y.I. M•FL4w: i'.i(1q.. • ca s ~'cn~f~ cI S -00 l - ....S-t, 1• FiDan is es o sibility, in cSE+Bbi+'3!'N~-rei arse the City of Denton for its coq%i_ incurred under this Agreement, the City of Roanoke eg ees~`fo pay ' 3 9b l for the holding fees and euthanasia fees on dogs G and cats received from the City of Roanoke or its authorized agent if the animal(s) is not reclaimed folthe owner. These fees will be assessed on the a. Euthanized Animal: $6.00 per p day holding fee for each animal as determined herein. b. Adopted Animal: $5.00 per day holding fee for each animal as determined herein. c. Head Shipments: $35.00 shipment fee. 2. The City of Denton will collect impound fees duly authorized by the City of Roanoke and as specified in this paragraph from the owners of dogs and cats received from the City of Roanoke. Impound fee monies will be applied to fees owned the City of Denton by the City of Roanoke for animals not reclaimed by the owner. IMpg FEE let Impoundment - $20.00 f 2nd Impoundment - $30.00 3rd Impoundment - $45.00 i 4th Impoundment - $67.00 3, ^he City of Roanoke agrees payment shall be made I within forty-five (45) days of receipt of invoice by the City of Roanoke. • II The City of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Denton's employees and agents, the City of Denton's subcontractors, and/or contract laborers doing work under a this • ragreementrwithnsaidtCityeofiDenton. The Cityperformance of m agrees to and accepts full responsibility for the acts, r negligence, and/or omissions of all of the City of Roanoke's employees and agents, and the City of Roanoke's subcontractors and/or contract laborers doing work under an agreement or • O Q e s0q i- 3 ~Sr contract with the City of Roanoke in f e performance pf t`iTf3 agreement with the City of Denton. It 1s fur*`ho'•r-'4Wzeod... 7~y} P claim or liability shall arise from he joint op,; concurring negligence of both parties hereto, it shall be bor5e'"6T'YKe`ff-- comparatively in accordance with the laws of the State of Texas, This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall te for the benefit of the i parties hereto. III The fact that the City of Roanoke and the City of Denton accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection or the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental immunity shall be, and it is hereby invoked to the full extent possible under the law. Neither r,he City of Denton nor the City of Roanoke waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against the claims arising from he exercise of governmental functions. IV The term of the agreement shall be for a period of one (1) year, commencing as of October 1, 1994 and ending October 1, 1995. Thereafter, this agreement shall be renewed for successive additional one(1) year terms commencing on May 1 of each year if the City of Roanoke and the City of Denton agree in writing on or before the first day of May to a successive terms and the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement, upon thirty (30) days written notice to the other. V This Agreement represents the entire and integrated agreement between the City of Denton and the City of Roanoke and supersedes all prior negotiations, representations and/or { agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City of Denton and the City of Roanoke. r VI This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. • • ApcIdaNo_ Q °00 / VII A 2 0 n 11pR1la- TU 9 s- in the event that any portion of this Agreement shill-be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. VIII The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this theel ~g day of 4 sy, _ Mayor Attest city Secretary 1 APPROVED AS TO LEGAL FOR1ti By: ' City Attorney nyi Mayor AttestI City Secretary APPROVED AS TO LEGAL FORMi syf l~ ity Attorney c • ca e DENTON oo~°oaa 0o f G o n © L= © d N, rt ti0o~o °aaaooaooo° e i CITY COUNCIL a • w • AyendaliortL. PAS---- F CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council I~ FROM: Lloyd V. Harrell, City Manager DATE: December 13, 1994 SUH3: Interlocal Agreemont. Between the City of Denton and the County of Denton for the Holding and Disposition of Cats and Dogs. RECOMMENDA11-0: Staff recommends the adopt.ion of the ordinance. SUMM M : The agreement states that the City will provide certain services to the County of Denton for the impoundment and disposition of animals brought. to the City from the County. The City will hold these anim&l,s for ninety- six (96) hours if not claimed by an owner. At the end of the ninety-six (96) lours the animals will be euthanasized or put up for adoption. i The City will hold animals that. are possible rabies suspects for tan (10) days. 1 The City will remove and ship the heady of certain rabies suspects for testing by +,he Texas Department of Health. For these services the County agrees to pay the fees set forth in the agreement. Six dollars ($6.00) per day per animal being f held for the owner to cliiim. f .even dollars ($7.00) per day per animal being held for rabies observation. Fiftoen dollars ($16,00) for each animal euthanasized. Thirby-five dollars ($35.00) for each decapitation and shipment. r a . • 0 P%d'0j.kl~~{Y~~rl.l'i?';~ rYi % e e Interlocal Agreement: County )9116?~fU- Air Page -2•- Rentl8~i8 q -F The City of Denton and the County of Denton have had' interlocal agreeements for the holding and disposition of animals for the past eleven years, The animals which have been brought to us from the County have not caused conditions of over crowding at the animal control facility. Since most of the costs associated with housing animals are fixed costs, accepting animals from the County of Denton will not result in an increase in expenditures. P1i44BAI_I'dFiTtIENTst. OR GR01P~ AFFECTED: City of Denton Animal Control Division County of Denton U_.IMPACT: It Is estimated that the revenue from this program will be approximately twenty-two thousand, three hundred, forty-oua dollars 22,391.00). This amount was included in the revenue pro,)ections provided to you during the budget presentations for the current fiscal year, Respect lly submitted: Llo d Harrell City Manager Prepared by: e e ~ ~1dL_ _4,ld.. Nonle Malu-Kull.-- Environmental Hea th Services Manager • Approved by: • • Betty McKee Executive D ect.or Municipal Services/Economic Development ! 1 ~ ~ I J 1 , , !Ay y. e • Xt ~llf 1~ 11 1,wI,x1~II1f)~T ,~r~~i'~~~~~. 2, "A • s s ® E:\N➢DOC6\ORD\~.41N.C7Y P ~endaho._g5 -do AportlaltorrL~ ~S ORDINANCE NO, 7 O AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; AgreemUent4b tweenThat the hCityyof Denton band authorzed to County execute the impoundment and disposition of dogs and care ("Agreement"), a copy of which is attached hereto and incorpurated by reference herein. SECTION II. That the City council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. i BOB CASTLEBERRY, MAYOR 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: j r • • • ~a AAAOOF56 ~ q THE STATE OF TEXAS g INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON g WHEREAS, the City of Denton, Texas and the County of Denton, Texas, are both local governments with the authority and power to contract; and WHEREAS, the City of Denton is engaged in the services of hold- ing and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, the City of Denton is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, the County of Denton desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for the benefit of the residents of the County of Denton, Texas; and WHEREAS, the provision if impoundment and disposition of dogs and cats is a governmental r`unction that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, the County of Denton and the City of Denton mutually J desire to be subject to the provisions of Tex. Govt Code, chapter I 791, the Interlocal Cooperation Act and contract pursuant thereto; NOW, THEREFORE, the County of Denton and the City of Denton, for the mutual consideration hereinafter stated, agree as follows: I. A. COVENANTS OF THE CITY OF DENTON 1. Holding of Doas and Cats The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the County of Denton and to accept and hold dogs and cats brought to and released to the Center from • residents of the unincorporated areas of the County • • of Denton under the following terms and conditions: PArx i • 0 • c,. e i Alen 1", P10 A~o-Ev;i~ent _S .4 F (a) Holding period for Dous and s SU'~ / Cit Danton agrees to hold such dogs andTCato foroa period of ninety-,yix (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released to the Center by the animal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six ('46) hour period, the ownership of the animal shall revert to the City of Denton and the animal will be hold for adoption or humanely destroyed. Animals will be humanely destroyed or placed for adoption at the dis- cretion of the Ani„ial Control Supervisor. (b) Holding Foes fc.-_Imoounded Do as and ate For the purpose of this Agreement, the City of Denton will charge Six Dollars ($6.00) per day I holding fee r'or each day that an animal is held f! at the Center. In determining the meaning of the term "animal", as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assess- ment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until all applicable J fees are paid in full. r (c) llQl.diag of Ouarantjned Animals The City of Denton agrees to accept and hold rabid suspects in quarantine for the County of Denton when conditions permit, and such action is author- ized by a representative of the County of ' Denton. (d) HSZldina Fees Por Ouarant ned nimals, The holding fee for quarantined animals shall be Seven Dollars ($7.00) per day for each day that the animal is hold. (e) Head Sh~oments and Rab~~.= Tes ~Dgy Upon j request of the County of Denton, the city of Denton will provide for the removal and ship- ment of the heads of rabid suspects for clini- cal rabies testing at the Texas Department of Health. The fee for this service shall be Thirty-five Dollars ($35.00) for each head shipped. nnrr • 0 r 2• The City of Denton agrees to requeet6 residence information from a person bringing or releasing animals to the Center in order to verify their residence in the unincorporated areas of Uentun County. This requested information shall include: (a) The person's address and telephone number; and (b) The person's acknowledgement of their residence tieing in the unincorporated area of Denton County. B• COVENANTS OF THE COUNTY OF DENTON 1• Financial Resbonsib;i;r In r to C1,1. of Denton for its costa rincurredreimburse undor eththe is Agreement, the County of Denton agrees to pay for the holding fees and euthanasia fees on dogs and cats received from the unincorporated areas of the County of Denton or its authorized agent if the 1 animal(s) is not reclaimed by its owner. These fees II will be assessed on the following basis: (a) Euthanized Animal j f $6.00 per day holding fee for each animal as determined herein $15.00 Euthanasia Fee (b) Adopted Animal $6.00 per day holding fee for each animal as determined herein (c) Head Shipments $35.00 Shipment far, 2• The City of Denton will collect impound fees duly authorized by the County of Denton and as specified in this paragraph from the owners of dogs and cats ofcDenton. Imtpoundifeerm monies willsbe athe pplied nto J fees owed the City of Denton by the County of Denton 7 for animals not reclaimed by the owner, f ~ IMPO_ 1JND _F~ I ~ A • 1st Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $67.00 oar.v ~ A O • L GA • fl ? oa a! 3. The County of Denton agrees payment shall be made within forty-five (45) days of receipt of invoice by the County of Denton. I zz. The City of Denton agiass to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Denton's employees, and agents, the City of Denton's subcon- tractors, and/or contract laborers doing work under a contract or agreement with the City of Denton in performance of this agreement with said City of Denton. The County of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the County of Denton's employees, and agents, the County of Denton's subcontractors, and/or contract laborers doing work under an agreement or contract with the County of Denton in performance of this agreement with the City of Denton. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the state of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. i { zzz. j The fact that the County of Denton and the City of Denton accept certain responsibilities relating to the collection and impounding of don- and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental function and * that the doctrine of governmental immunity shall be, and it is hereby invocco to the full extent possible under the law. Neither the City of renton nor the County of Denton waives or shall be deemed hereb; to waive, any immunity or defense that would other- wise be available to it against claims arising from the exercise of governmental functions. e IV. • • The term of this Agreement shall be for a period of one (1) year commencing as of December 1, 1994 and ending December 1, 1995. Thereafter, this Agreement shall be renewed for successive addi- ticnal one (1) year terms commencing on October 1 of each year if the County of Denton and the City of Denton agree in writing on or anr.F e • ea e before the first day of October to a successive term and the amount of consideration to be paid hereunder for each successive term; Provided, however, either party may terminate this Agreement, upon thirty (30) days written notice to the other. V. This Agreement represents the entire and integrated agreement between the City of Denton and the County of Denton and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City of Denton and the County of Denton. VI. This Agreement and my of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. vII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. VIII. The undersigned officer and/or agents of the parties hereto are the to eproperly authorized this Agreement on behalf of the parties hereto, authority and eacparty hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this the _ day of e CITY OF DENTON ♦ • BY: BOB CASTLEBERRY, MAYOR purr e o /ti _ l;x. rta ~ ~oJ~~taNn 0 I Rite J - L3 ATTEST: log 9 JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY v COUNTY OF DENTON, TEXAS BY., ATTEST: BY: lutita~.~ APPROVED AS TO LEGAL FORM; 10 10 8Y: r a e AAA00PS6 PAGE 6 0 ~ rt ..f,G~rJ-r~ifrt Pa Fi~~i ;i1R'✓~Q~~'~i~kY~~'!F`~k~f~~~i'~~fj ~a . c.e .4 DENTON oooVVQG DQOQpo o i ( o © j i ~10 000 ~ o pp0 o°°oo N , 00000 ~~aaoa l CITY COUNCIL A -A, touce0 Agenda% L.5•Gb/ _ llrlio + AgendaltCITY OF DENTON, TEXAS DEPARTMENT OF P0L/CE M E M O R A N D U M TO: Honorable Mayor Bob Castleberry FROM: Cary L. Matheson, Division Commander DATE, December 22, 1994 SUBJECT: Ordinance Prohibiting Urinating/Defecating in Public The requested ordinance creating an offense for urinating in a public place Is necessary for the proper enforcement of this activity, Current ordinances and/or state laws are vague and often do not allow officers co file charge in instances where offenders are on private property, yet, in public view. Passage of this ordinance will provide a more appropriate legal basis to govern this type of activity. Council consideration and approval is respectfully requested. Gary L. Matheson Division Commander • 0 601 E. HICKORY STREET SUITE E DENTON, TEXAS 78205 DUTY Of FICE!R (817) 886.8181 PAX {817) 30-7988 d 2" _~....t_... « wwr sr,r~rrrr. a (1,t 4. 0, J ,a } {A\f' t11 M~ • ; • , t ~ R,`at ~t s r 1' v k fi~ ~ l~s,t f iy ' v ,1'• ilFh~. ~ ~t ~d.5i~~1~R1~h~4'~.~~Y i t F , t ~ ` • • j,lrp.foca \ocdlp~epu~l ,orC '9P7Qni1BlUG_ QS -00/ ORDINANCE NO, 2"d3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING AN OFFENSE FOR URINATING OR DEFECATING IN PUBLIC; PROVIDING FOR A DEFENSE TO PROSECUTION OF THIS VIOLATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. It shall be unlawful for a defecate: person to urinate or (a) o on a public street, alley, sidewalk, yard, park, building, structure, plaza, public or utility right-of-way, or ether public place; or (b) in public view. SECTION II, It shall be a defense to prosecution under this section if the person was properly using restroom facilities. SECTION irr, An individual adjudged guilty of the provisions of this ordinance shall be guilty of a ~aisdsmeanor, and punished by a fine not to exceed Two Hundred Dollars ($200,00). SECTION Tv, That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the t validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SFCTioN y. That this ordinance shall become effective fourteen I~ (14) days from the date of its passage, and the City secretary is j h published ereby directed to cause the caption of this ordinance to be newspaper of twice City of the I Denton, Denton T Texas, rwithin ten ®(10) h days official of the date of its passage. PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR F • • r ~uedaNo ,_yl 5 - QQ ATTESTS J~'"C:1'far~S JENNIFER WALTERS, CITY SECRETARY flf 1___ / - 3 , S- . 3od3 BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCER, ACTING CITY ATTORNEY BY: i I l • PAGE 2 ~i t • • ~,fl. p ~iSv C'if~~r ~?k`/ti~~~:~i`-~,~~5,1 ~~3fj'~1~n$a~ 's f`~~,~~ e e ngendaNa ~ ~ A~flnd8llti log z-7 CITY COUNCIL AGENDA ITEM I~ f TO: MAYOR AND MF,MBEWS OF THE CITY COUNCIL. J FROM: Lloyd V. Harrell, City Manager SUBJECT: CONTRACT FOR LEGAL SERVICES RECOMMENDATION: We recommend t' ;ty Council adopt an ordinance authorizing the City Manager to sign a contract between the City of Denton and Kelly, Hart & Hallman for legal representation throughout the landfill permitting process. SUMMARY: We will be submitting a landfill permit application for expansion of our existing landfill to the Texas Natural Resource Conservation Commission (TNRCC) within the next six to eight weeks. In order to meet all the necessary environmental requirements under state and federal regulations, it is necessary for us to hire legal counsel familiar with the state permitting processes and the applicable laws and regulations. We have researched and interviewed four law firms which are highly qualified with respect to environmental law. Hickerstaff, Heath & Smily Bickerstaff, Heath & Smiley helped us negotiate the sale of Denton's commercial solid waste business to Waste Management in 1991. However, they do not have any recent experience in permitting municipal landfills. Mrvori Day, Caldwell & Keeton • Ron Yurrington, of Mayor, Day, Caldwell & Keeton, is very experienced in permitting landfills both in Texas and nationwide. However, his only loss, now on a appeal, involved his representation of the Sentry Landfill. Lloyd Cosseliak, Fowler, Blevins & Matthews Lloyd, Gossetink, Fowler, Blevins & Matthews has represented the City of Denton t) in several water related issues before TNRCC. Lloyd, Gessel(nk also has successful • experience in obtaining municipal landfill permits. In addition to a hectic litigation schedule, Lloyd, Gosselink was much more costly than the other three firms. i ® 0 • e Avnda Na , s dd / Kelly, Hart & Hallman Ap~ad~~l'1cm~R Lastly, Kelly, Hart & Hallman proved to be the most proml jDalo -44he.fo.gr firms, This firm has been highly recommended by the City of Forth Wort) Zt>~ ~ ~ who has used their services in rate and contract disputes with Arlington over wastewater services, Representation would be supervised by Jeff Civins, with Susan Zochos acting as lead attorney. There will be at least one associate attorney also assigned to the case, probably Carle McKinney. In addition to Juris Doctorates in Law, this three-member team also holds graduate degrees in Chemistry (Jeff Civins), Geology (Susan Zachos), and Environmental Engineering (Carle McKinney). Attached is a description of the firm and the individual resumes of the attorneys. I The estimated cost of the legal services of Kelly, Hart & Hallman to assist the City of Denton to obtain a landfill permit, assuming no contest, Is 520,000, The proposed contract Is attached. H~CKCRQUND: j See the attached Information regarding the firm of Kelly, Hart & Hallman and the proposed contract for legal services. PR RAMS&FPARTMEN" OR GROUN AFFECTED: Solid waste and landfill operations. FISCAL IMPACT: If the City of Denton's landfill application Is not contested, the cost for the related legal fees will be approximately $20,000. Should the application be contested, the strength of the opposition will determine the cost of defending the permit application, Resp lY Subm t _ Oe , Lloyd V. Harrell City Manager i • Prepared by: Approved: J Zel r R.E. Nelson Executive Director of Utilities i I r • a e N'. \>aGA~^5\ORO\%F.1. L'!. IIAk ~dri~l,~fVo__Rb oaf Abea«+ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND KELLY, HART & HALLMAN FOR PROFES- SIONAL LEGAL SERVICES ASSOCIATED WITH THE LANDFILL PERMITTING PROCESS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR1 AND PROVIDING' FOR AN EFFECTIVE DATE. '.'HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a contract between the City of Denton and Kelly, Hart & Hallman for professional legal services associated with the landfill permitting process, a copy of which is attached hereto. SECTION II. That the expenditure of funds as outlined in the contract is hereby authorized. SECTION III, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BYi i' { L% w5 i it1, b r, GJ e KFLLY, HART & HALL.MAN A PROTMIC,IAN LQ4ALPA1ION1 AI,%N N1, Yy Ai L.AYI .30 ^I INI/R, J.J. gl.i,f ~l T)n AJSTIN TekAE ill/Q1 ~_cP.U'l f.1 RPL 4N9C go *Vh AIAW 400 tllf Ci: Ry ]S4'iL Oe5 PON' WORTn TC%AA1A,P,P 1/R,' [R y 0 RI.JT Q A.. .'-'MRCP 1C6LRPnNL (4111 SLIP lRdfr i SI1',1Q¢ yl 'F~tcu R. (gel alA.R#80 0ccemhcr 1994 I i V _LL(.IiC'OI'Y AYi) tIIGLL,tA ~{,ti14 Alike Uucek, City Attorney City of Denton, hG' ~i1~+n,~ S # Denton City Half cs 215 Last McKinney L4 nj'. Denton, Texas 76201 `09 TJ -7 Re Legal Representation of the City of Denton Utility Administration (the "City") by Kelly, Hart & Hallman, P,C, Dear Mr. Uucek We cn11 ;oved . tncetin,g with you and other representatives of the City of Denton yesterday and are pleased that Sou have requested our legal assistance in the permitting of the City's municipal solid waste landfill expansion, Our conflicts check indicates there are no conflicts within the firm that would prevent our representing the City Set forth below are the terms of our engagement for the landfill matter and for any other 'Aork f,at we may be requested to prriorm for the: ()ty, We hill monthly for our time and disbursements. Our hourly rates range from 38U per hour for our most iunior associates to 5270 per hour for our most experienced lawyers. Jeff Civins' hilling rate is $235 per hour and Susan 7achos' billing rate is 5165 per hour. Other attorneys In our environmental section hill at rates ranging from $90 to S200 per hour. Where possible. we use our iegai assistants ant, staff ro perform routine research and document i management acid retrieval. The legal assistants' rates range from $60 to $75 per hour, All rates are subject to Cha tge during the course of th(s firm's representation. The firm also charges for its out-of-pocket costs incurred in the course .Jf its representation. Those enarges might include photccop} and telecopy expenses, long-distance costs, deliver, costs, filing fees, legal database charges, and staff o%winic as needed for time-ser,sitive projects Expeams will be billed on the lame ima ,is as Jkcusscd above for attorney time. If our representation is terminated prior to +h^ ® COncluskxt of this matr_r. the Ciq' Will be respon,etble for fees and irsbursements accrued to the date of termination We ask that each bill be paid within thirty days after the date it is received. ~ ~ • Mr. Mike Aucck hg6tid 6 ' December 29, 1994 Page ? A9endafartl_. ^f If the Ciry's application for a permit amendment authorizing the expansion of the solid waste landfill is uncontested, our legal lee; will nm exceed a total of $20,000. An "uncontested" permit is one that Is not (1) protested by third parties or (2) challenged by the TNRCC staff or, substantive technical or legal Issues requiring protracted negotiations. if such circumstances arise, we will notify you when we approach the $20,000 cap so that we can discuss the status of the project and/or obtain author!zation for additional work. By execution of this letter, the. City indicates Its agreement with these terms and conditions, Enclosed is an additional copy of this letter for your records. We look forward to working with you. f I Very truly yours, KELLY, HART& HALLMAN, PC, `g~ Susa .7,achos ]err Civins JC'/tl Enclosures cc, Mr. Mark I.. Ran, Jr, ATTFST: L TTY OF DENTON By. Title: . . ~---,.....+..•Y'.-._ ~ .w ~..~a1rrL GliYV~Jr J":Y'uYW« • _ all Q~~4{r1"}~trdy)~~rit~>,~j~~}i~'~~p ~~~~~~'•g~~~~ ~ ~J t .JY i. ®.-2~ 7 0 C t MTRODUCTION Jo~tla No S 4 b To r ~t - 3 9S' KELLY, HART & HALLMAN, P,C 3 q Z7 (a professional corporai ),~u.P . ,4 01,11 ay` Kelly, Hart & Vallman, P.C. is an 81 lawyer firm with offices in Fort Worth and Austin, Texas. Representing a diverse range of educational and geographic backgrounds, the firm's attorneys are graduates of 20 different law schools and more than 40 undergraduaw and graduate schools. The expertise of our attorneys rivals that of any legal group, yet we have managed to maintain a collegial working environment focusing on pr,,v;ding our clients with legal services of the highest caliber in a timely and cost efficient manner. Founded in 1979, the firm has experienced rapid growth while maintaining continuity and stability throughout its history, Unique for a firm its size, Kelly, Hart & Hallman, P.C. represents public and closely held companies and Individuals in sophisticated commercial transactions and litigation throughout the nation In the areas of banking and finance, construction, corporate and securities, energy, environmental, labor, public finance, real estate, sports and entertainment, tax law, and general commercial law. The firm's organization into practice groups encourages specialization and gives our clients the maximum benefits of legal specialization. Additiona".)v, the close working relationships we have I established with our clients and our appreciation of their business styles and goals have J enabled our clients to respond quickly to business opportunities. Following is a description of the expertise of the Environmental Transaction Practice Group, together with brief summaries of other practice areas in which the firm provides services. • r : . r r' lfi r C21 AI KELLY, HART SI HALLMAN /~JJon0'')N(o QGIf u aaorrssloNnl coavoannoro ATTORNEYS AT UVV c '-ulclil ?i!.f_..~r,-y~__~„_'• Rol CON5RE89, SUITE 2000 AUSTIN, TEXAS 7870E 7 dd Z 7 f TELEPHONE (51Z) 495 8400 201 MAIN STREET. SUITE 2800 TELECOPY (512)4 9 5 64 01 FORT WORTH. TEMA$ 76102 WRITER 5 DIRECT DIAL NUMBER TELEPHONE (817) 332 2500 TELECOPY (617) 076 9260 (5121475 6110 December 5, 1994 Ms. Julie Zeller City of Denton Utility Administration Denton City Hall 215 East McKinney Denton, Texas 76201 Dear Julie: Susan and I enjoyed the opportunity to speak with you today about the possibility of our firm assisting you in permitting an expansion of your Subtitle D municipal waste landfill. Pursuant to your request, enclosed is our section resume, which describes the nature of our practice and the experience of individual section members. As we discussed, we have eight attorneys in Austin and two in Fort Worth, whose practices are devoted entirely to environmental law. As the resume indicates, a number of those attorneys have technical backgrounds and other related experience, Included with that resume is a list of references, which comprise representative clients for whom we do environmental work. Enclosed also is our environmental transaction guide, which contains information about the nature of our firm. As we discussed, our section presently represents, among other clients, Laidlaw w Environmental Services, assisting them on permitting and compliance issues before the Texas Natural Resource Conservadon Commission ("TNRCC") and its predecessor agencies, the Texas Water Commission and the Texas Department of Health, regarding their Altair facility, which handles both municipal and industrial solid waste. We previously represented Waste Management on a municipal waste permitting project, We also represent Rollins Environmental Services, who operates a hazardous waste nrmagement facility in Deer Park, assisting them on permitting ^nd enforcement matters relating to their landfills and incinerators. We also do work p for Envircguard, a company based in Houston, for whom we were successful in obtaining a permit for it medical waste incineratir, and presently are working with the University of Texas J Medical Elranch, helping them on permitting a medical waste incinerator. As you know, we also represent the City of Fort Worth on water quality permitting and rate matters. Gary Steinberger 585 l I • W ' • t Julie Zeller 4Opnd8No_ ; s~L December 5, 1994 Page 2 -96- W Z 7 might be a helpful reference as to the quality of our work. As I mentioned, I have been Involved with the predecessor agency of the TNRCC on developing new hearing rules, which recently were promulgated, that are applicable to landfills. Our section also has been Involved in evaluating a number of different acquisitions and potential acquisitions involving municipal landfills throughout the United States. We try to be very responsive to the particular needs of our clients. Our objective In representing clients is to try to provide work as cost-efficiently as possible. In that regard, we rely upon legal assistants and younger lawyers where appropriate, to help keep costs down. We look forward to the possibility of working with you. Please call Susan or me if you have any questions. ~Very truly yours, TOE C~C!z YL4- Jeff Civins JC/tl Enclosures cc: Susan Zachos F l~ I sell.[ 2 N s r 1:. Y .i, it Nftt I~N~T 1 P • • c n,,..~rrat:!o, ~5Ob 1 KELLY, HART & HALLMAN Z7 (A Professional Corporation) ATTORNEYS AT LAW 201 Main Street, Suite 2500 301 Congress, Suite 2000 Fort Worth, Texas 76102 Austin, Texas 78701 f Telephone (817) 332-2500 Telephone (512) 495-6400 Telecopy (817) 878-9280 Telecopy (512) 495-6401 ~ ENVIRONMENTAL PRACTICE GROUP Kelly, Hart & Hallman, P.C. has developed a sophisticated, multifaceted environmental law practice. The firm is committed to providing the highest quality service in the most cost effective manner. The firm meets the environmental needs of its clients with ten attorneys, and four legal assistants whose entire practices are devoted to environmental law and with attorneys in other practice groups, who devote a significant portion of their practices to environmental issues involving businesses and business transactions. Members of the firm's environmental practice group have broad experience and have written and spoken widely on environmental law ! topics. Attached are brief biographies of the various attorneys and legal assistants, from both the Fort Worth and Austin offices, who actively practice in the environmental law area, together with a list of environmental attorney presentations since 1990. The environmental practice group counsels on a wide variety of environmental programs, involving, among other things, hazardous, solid, and medical waste, air quality, water quality, water rights, toxic substances control, community right-to-know, wetlands, worker health and safety, and endangered species. The firm's environmental practice includes: (1) counseling, negotiation, and administrative hearings and litigation involving regulatory matters, including compliance, permitting, and enforcement; (2) Superfund counseling, negotiation, and litigation; and (3) counseling, negotiat;nn, and litigation involving business transactions. Agencies before whom the group regularly practices include the United States Environmental Protection Agency, j • die Texas Natural Resource Conservation Commission (formerly the Texas Water Commission and the Texas Air Control Board), and the Railroad Commission of Texas, The practice group currently represents, among others hazardous and medical waste- management companies in permitting and compliance matters; chemical and other manufacturers, oil and gas producers, and commercial businesses in compliance and enforcement matters; 49 businesses involved in acquisitions, loans, financing, leasing, and other business transactions; • • and a number of companies involved in Superfund sites. • s . 5-OfJ1 ENVIRONMENTAL PRACTICE GROUP 111jt'ni0 AUSTIN OFFICE Attorneys - 5 Jeff Civins 2 7 and Jeff Civins opened the Austin office of Kelly, Hart & Hallman, P.C. Env in October 1990 heads the firm's environmental practice. Jeff is immediate Past Chair of the i ronmental and Natural Resources Law Section of the State Bar of Texas and is a past President of the Air and Waste Management Association, Central Texas Choptcr. He also is a member of the College of the Slate Bar of Texas, the Administrative Law Section of the State Bar of 'texas, and the American Chemical Society-Environment Division, Jeff recently served on the Permit Hearings Process Task Force of the Texas Water Commission (now the TNRCC), He acted as a consultant to West Publishing Company on its newly published volume of Texas Environmental Laws. He also is on the editorial advisory board of a new monthly newsletter, Environmental Strategies in Real Estate, lie is an adjunct professor at the University of Texas School of Law, where he has taught seminars on Environmental Law Concerns in Business and on Environmental Litigation. Jeff is the author of over 40 articles and is a frequent speaker on environmental law topics. Jeff has practiced environmental law since 1975 and previously was a partner with the Austin office of Vinson & Elkins. Jeff received an A.B. in Chemistry from Brandeis University in 1967 and an M.S. in Organic Chemistry from the Pennsylvania State University in 1970. J After teaching science, earth science, and chemistry for three years in New York City, he i returned to school and received a J.D. with honors from the University of Texas in 1975, where he was a member of the Order of the Coif. He is admitted to practice in counts of the State of Texas, the United States District Court for the Western District of Texas and the United States Courts of Appeals for the Fourth, Fifth, Ninth, and District of Columbia Circuits. Susan Zachos Susan Zachos joined Kelly, Hart & Hallman, P,C, in January 1991. Her practice is devoted primarily to environmental law, with particular emphasis on oil and gas issues. She currently serves on the Oil, Gas and Mineral Law Scctiol Council of the State Bar of Texas and on the environmental committees of the Texas Independent Producers and Royalty Owners Association (TIPRO) and the Texas Mid-Continent Oil and Gas Association (TMOGA), She is a past Chairman of the Oil, Gas and Mineral Law Council of the Travis County Bar Association and a member of the College of the State Bar of Texas and of the Environmental and Natural Resources Law Section of' the State Bar. Susan has written and spoken on numerous O environmental law topics, including environmental regulation of oil and gas activities, agency r • • -2- 340.1 December 5, 1994 • 0 s r ~e,~tlaNo._,_~ u - QC? 1 jurisdiction in Texas, environmental compliance auditing, EPA's land ban, EPA's st r water' discharge regulations, Class If injection well regulation, spill response, and the Oil Pollution Act of 1990. Susan received a B.S. and an M.S. in geology, both with honors, from the University of Florida and her J.D. Magna Cum laude from the University of Houston in 1988, where she served as Research Editor for the Houston Law Review and was a member of the Order of the Coif. She was admitted to the State Bar of Texas in 1988. Prior to attending law school, Susan was an explo.ation geologist, from 1978 to 1984, for ESSO-lnterAmerica, Exxon's South American affiliate, and then for Exxon Company, U.S.A. in Oklahoma City, Oklahoma. Susan was previously with the law firm of Graves, Dougherty, Ifearon and Moody in Austin, Texas. Margaret Menicuccl Margaret Menicucci joined Kelly, Hart & Hallman, P.C. in October 1991, She has particular experience in contested case hearings and solid waste issues, including medical waste. Margaret is a member of the Administrative Law Section and Environmental and Natural f Resources Law Section of the State Bar, the Natural Resources, Energy and Environmental Law Section of the American Bar Association. As an authorized mediator, Margaret has co-mediated several cases in Travis County. She has co-authored articles on environmental law topics and has spoken on the topics of e"vironmentai law concerns of building owners and federal and slate pollution prevention plans. In ; ,'Jition, she recently co-authored a comprehei.Ave law review article regarding medical waste titled "Environmental Concerns of Health Care Facilities: A Prescription for Compliance" in the Southwestern Law Review published by Southern Methodist University. Margaret received a B.A. from Trinity University in San Antonio in 1985 and a J.D. with Honors from the University of Texas School of Law in 1990, Before joining Kelly, Hart and Hallman, P,C. Margaret clerked with Judge Bea Ann Smith of the Third Court of Appeals j of Texas. Carle Goodman McKinney Carle Goodman McKinney joined Kelly, Hart& Hallman, P.C. in December 1991. She has experience in business transactions, compliance matters, and Sur rfund negotiations. Carie is a member of the Environmental and Natural Resources Law Section of the State Bar of Texas and the Natural Resources, Energy and Environmental Law Section of the American Bar Association, She has written and spoken on numerous environmental law topics, including environmental law concerns to building owners and RCRA, ° ° s -3_ 340.1 December S, 1994 0 A • • 14l9nd,aN0.- Q S-661 l i? C~ V7 Carie received a B.S. in Civil Engineering from Texas Tech University in 1978, an M.S. in Environmental Engineering from Cornell University in 1984, and a J.D. from Cornell University Law school in 1987, where she was Senior Note Editor of the Cornell Law Review. She is licensed to practice law in Texas and California. Before becoming an attorney, Carie was an engineer with EPA Region 6 in Dallas and at EPA's National Enforcement Investigations Center in Denver, Colorado where she planned field investigations of potential air, water, and hazardous waste pollution sources. She formerly was with the San Francisco firm of McCutchen, Doyle, Brown & Enersen where she practiced environmental law for three years. Kathryn Tullos Kathy Tullos joined Kelly, Hart & Hallman, P.C. in August 1992. She has particular experience in environmental and complex litigation matters. Kathy is a member of the Environmental and Natural Resources Law Section of the State Bar. She has been a speaker on litigation matters and is an adjunct protessor at St. Mary's University School of Law in San Antonio, where she is teaching a class on environmental law. Kathy is a member of the State Bar Committee on Legal Services to the Poor in Civil Matters and currently is President of Travis County Wome,i Lawyers Association. Kathy received a B.A. from the University of Texas in 1980 and a J.D. from the University of Texas School of Law in 1983 where she was a member of the Order of the Coif and Chancellors Honor Society. Kathy previously served as General Counsel to the Women's Advocacy Project in Austin and, before then, worked extensively on environmental and complex litigation matters at Vinson & Elkins. From 1983 to 1986, Kathy was a law clerk to Judge Gabrielle K. McDonald in the U.S. District Court for the Southern District of Texas. Robert Pressley Robert Pressley joined Kelly, Hart & Hallman, P.C. in September 1992. Robert's practice area includes permitting, rulemaking, regulatory compliance counseling, release reporting, identifying environmental concerns r6itieu to real estate transactions, defending potentially responsible panics under Superfund, groundwater regulation, private property rights, and endangered species. Robert is a member of the Administrative Law Section and Environmental and the Natural Resources Law Section of the State Bar of Texas. He recently • authored papers on the Origins of Environmental Law, Environmental Liability P;sociated with Business Transactions, and Alternative Legal Bases for Managing the Edwards Aquifer, Robert received a B,S. with High Honors from the University of Texas at Austin in 1983, a M.A. with an emphasis in Environmental Resource Management from the University of Texas at Austin in 1990, and a J.D. from the University of Houston Law Center in 1992 -4- 34D.1 December 5, 1994 • Q • ra 0 tND .4 5 - o Robert was an Associate Editor of the University of Houston Law R/t3, and eived the Houston Law Review's 1991 writing award for best paper in the area of environmental law. James D. Braddock, Of Counsel Jim Braddock was Director of the Air Quality Planning Division of the Texas Natural Resource Conservation Commission and General Counsel of the Texas Air Control Board, before joining the environmental practice group in December of 1993. Jim had been with the agency since 1978, Jim has extensive experience in state and federal air pollution control statutes and regulations. Jim is a member of the Environmental and Natural Resources Section of the State Bar, the Air and Waste Management Association and the Natural Resources, Energy and Environmental Law Section of the American Bar Association. Jim has authored numerous papers on air quality and was a speaker at the American Bar Association's 1992 Environmental Law Conference in Keystone, Colorado, Jim received a B. A. from Wabash College in Crawfordsville, Indiana in 1973 and a J.D. from the University of Texas School of Law in 1977, Mary Simmons Mendoza Mary Simmons Mendoza received a J.D. with honors from the University of Texas School of Law in May, 1994, where she was a member of the Order of the Coif. She joined the firm in September 1994. Since July 1992, Mary has clerked for the firm providing research assistance to the environmental practice group on various environmental issues. She received her B.S. with Highest Honors in Civil Engineering from the University of Texas in 1991. Support Stgff Karrie Cole, Legal Assistant Karrie Cole joined Kelly, Hart & Hallman, P.C, in June 1992. She has experience in . support services for complex cases and in research at governmental agencies. Previously, Karrie worked as a project assistant in the environmental law section of Vinson & Elkins where ,hc provided research and support services for a complex Superfund litigation case. She received a B.A. with Honors in History from the University of Texas in 1992. A ~ • a -5- 340.1 - December 5, 1994 • m , • G+ ! ~47,1nt!~,Vn-_ ~ S Amy Melvin, Legal Assistant Amy Melvin joined Kelly, Hart & Hallman, P.C. in November 1992, Her focus is on environmental litigation, on large document cases and in research at governmental agencies. She received a B.A. in English from Texas Tech University in May 1989. Amy previously was a legal assistant in the banking/real estate section of the law firm of Graves, Dougherty, Hearon & Moody in Austin where she provided research and support services on a large document case for the FDIC. Melissa Garza, Legal Assistant Melissa Garza joined Kelly, Hart & Hallman, P.C. in March 1992. In May 1994, Melissa was promoted to legal assistant, where she specializes in conducting research at the various regulatory agencies and providing support services for large scale document productions and public hearings. Melissa received a B.A. in Political Science from Southwest Texas State University in December 1992. FORT WORTH OFFICE Affomeys i Glen Johnson* i Glen Johnson is the head of the litigation practice group at Kelly, Hart & Hallman, P.C. and has been actively involved in environmental and toxic tort cases and in judicial review of agency decision-making, He is a member of the Tarrant County and American Bar Associations and a Fellow of the Texas Bar Foundation. Glen received his B.A. degree, Cum laude, from the University of South Carolina in 1969 and his J.D, from the University of Texas in 1974, where he was a member of the Texas Law Review. Robert Grable* ! Bob Grable is the head of the oil and gas practice group at Kelly, Hart & Hallman, P.C. and has been actively involved in both litigation and contested case hearings and appeals, including matters before the Railroad Commission of Texas and before the Texas Natural Resource Conservation Commission (formerly the Texas Water Commission), involving water rights, water development, water quality, and water utilities. Bob has successfully argued cases involving wastewater issues before state district courts and courts of appeal. He is board tD • • •6- 340.1 December 5, 1994 ! 0 • raa • ~ s o2~ 7 certified in Oil, Gas & Mineral Law and is a past chairman of the Oil, Gas and Mineral Law Section of the State Bar. He is a member of the Tarrant County and American Bar Associations. Bob attended UCLA and received his B.A. degree from Southern Methodist University in 1968. Fie received his J,D, with High Honors from the University of Texas, where he was j Grand Chancellor, a member of Order of the Coif, and Associate Editor of the Texas Law Review. Billie Ellis' Billie Ellis is the head of Kelly, Hart & Hallman's real estate and commercial law practice group and has been actively involved in environmental issues involving real estate and real estate transactions. Among other things, Billie helped a major financial institution develop a comprehensive policy for dealing with environmental issues, He als,) directed the firm's representation of a client involved in the purchase of over one-half billion dollars of secured loans from the Resolution Trust Corporation, which included a review of environmental issues associated with the properties securing these loans. Billie is the author of numerous publications and is a frequent lecturer on topics relating to environmental as well as other aspects of real estate law. Billie received a B.A. degree front the University of Texas in 1974, an MBA from Southern Methodist University in 1977, and a J,D, from the University of Houston in 1978. He was admitted into the Texas Bar in 1978 anu has been a member of the College of the State Bar of Texas since 1984. Billie also is admitted to practice in Washington D.C. where he is a member of the District of Columbia Bar Association, Real Estate and Environment, Energy and Natural Resources Sections. Clive Bode' Clive Bode is the head of the tax practice group at Kelly, Hart & Hallman, P,C, and previously was a partner with the Houston and Dallas offices of Vinson & Elkins. Clive handles j federal income tax matters for transactions of all types especially partnership structures and also handles tax controversy (including litigation) work. In particular, Clive reviews most of the Firm's transaction structures for federal and state tax consequences. • Clive is the author or a number of publications on federal tax topics and is a member of the American Bar Association. Clive received his B.A. degree, Summa Cum Laude, from Oakland University in 1973 and his J.D. in 1977 from the University of Michigan, Cum Laude, where he was a member of O the Michigan Law Review and the Order of the Coif. • • -7" 340.1 December 5, 1994 • e j' e e Sharon MllBans• 16 v'W? Sharon Millians is a d'rector in the Fort Worth office of Kelly, Hart & Hallman, P.C. Sharon's extensive experience in the firm's real estate and commercial law section extends to the environmental arena where she has worked with clients to resolve environmental issues associated with their real estate transactions. Sharon has worked with clients in developing management policies to deal with environmental issues including monitoring and remediating contaminated properties, Sharon received a B.A. with Highest Honors from Texas Christian University in 1970, an M.A. from Texas Christian University in 1973, and a J.D. from Southern Methodist University in 1981, where she was leading articles editor of the Southwestern Law Journal. bfarc Epstein" l Marc Epstein is a director in the Fort Worth office of Kelly, Hart & Hallman, P.C. Marc specializes in design and construction law, and has significant experience contracting for risk allocation in environmental remediation matters, including, among other things, asbestos abatement, roil remediation and hazardous waste disposal. Marc has drafted and negotiated design, construction, and environmental contracts valued at over one biltion dollars. Marc received a B,A, from Vanderbilt University in 1981 and a J.D. with Honors from Texas Tech University in 1984 where he was a member of the Order of the Coif. Brad Repass" 3 Brad Repass is a director in the Fort Worth office of Kelly, Hart & Hallman, P.C. Brad joined the firm in March of 1988. He is a litigator whose practice includes commercial and environmental matters. Brad's environmental litigation experience includes successful underground storage tank cases. Brad has an undergraduate degree from the University of Texas (B.A. 1981) and a J.D. e from Texas Tech University (1984). Brad was admitted to the bar in 1984 and is a member of the Tarrant County and American Bar Associations. Elizabeth Kohn Elizabeth Kohn joined Kelly, Hart & Hallman, P.C. in November 1990. Since 1983, n Elizabeth has involvement in varous aspects of a Superfund practice and devotes a significant e J portion of her time to counseling clients on environmental aspects of business transactions, She -8- 340.1 December 5, 1994 • 4 . 074 P?? has written and spoken on the federal SuPerfund program at various programs in Texas and elsewhere, and has lectured and written on the use of mediation to resolve environmental disputes. She has extensive experience in mediation and in counseling clients in settlement discussions involving environmental liabilities apportionment. Elizabeth was a founding member of the Environmental Section of the Tarrant County Bar Association and was the 1993-94 Chair of that Section in its first year. She also is a member of the Environmental and Natural Resources Law Sections of the State Bar of Texas and of the American Bar A: sociation. She is serving as co-chair of the Alternative Dispute Resolution Secd,, of the Tarrant County Bar Association in 1994-1995, and has initiated innovative programs to promote the use of ADR in I Tarrant County, Elizabeth received a B.A. from Agnes Scott College in 1967 and a J.D. from Emory University School of Law in 1981, where she graduated second in her class, was named Outstanding Woman Law Student, and was a member of the Order of the Coif. She is licensed to practice law in Georgia, California, and Texas. Elizabeth previously was with the firms of Carrington, Coleman, Sloman & Blumenthal of Dallas and Paul, Hastings, Janofsky & Walker of Atlanta. She was law clerk to the Honorable William C, O'Kelley, Chief Judge of the U,S, District Count, Northern District of Georgia, from 1981 to 1983. Cheryl Coon C,teryi Coon joined eIly, Hart & Hallman, P.C. in August 1992. Cheryl's work in f4 client counseling involves nost environmental statutes at federal and state levels, aid has included lender liability issues, asbestos, underground storage tanks, hazardous waste, St :erfund and recycling. Cheryl counsels real estate, corporate and industrial/commercial rl;ents on compliance, due diligence issues, and transaction structuring issues. She is a memb. r of the Environmental and Natural Resources Law Section of the State Bar, Cheryl has co-authored two comprehensive law review articles regarding medical waste titled "The New Regulatory Horizon; Regulation rf Medical Waste," and "Environmental Concerns of Health Care Facilities: A Prescriptiun for Compliance," Both articles appeared in the Southwestern Law Revtcw published by Southe -n Methodist University. In addition, Cheryl has authored and co-authored i~ a number of articles relating to environmental law focusing on transactional liabilities, the steel industry, hazardous waste, oil and gas environmental issue, lender liability, and air emission credits. • Cheryl received a B.S. in Medical Technology in 1982 from Baylor University, graduating Summa Cum Laude, and a J.D„ Cum Laude, from Southern Methodist University in 1989, where she was a member of the Order of the Coif. While in law school, Cheryl received the McElroy Constitutional Law Award and worked on the Journal of Air Law and Commerce. Prior to joining Kelly, Han & Hallman, P,C. she was associated with the to environmental practice group of Thompson & Knight in Dallas. • • -9- 340.1 December 5, 1! 94 r • 1 lenua+vo 9,5~ • ~ l Jack Larson* Jack Larson joined Kelly, Hart & Hallman, P,C, in September 1989. As a member of the firm's real estate and commercial law section, lack practices primarily in the area of design and construction law and has extensive experience in drafting and negotiating environmental consulting and contracting agreements, including agreements for asbestos abatement, t underground storage tank removal, and other environmental remediation activities. i He received a B.B.A. from Texas Christian University in 1986, graduating Magna Cum Laude, and a J.D. from the University of Virginia in 1989, , support Stgff Linda Hall, Legal Assistant Linda Hall joined Kelly, Hart & Hallman, P.C. in August 1991 and oined the environmental practice group in 1992. Linda is a member of the Fort Worth Paralegal Association. She received a B.S. in government/legal assistance from Texas Women's sityin 1990, • * Although in other sections of the firm, these attorneys do sign{flcant work in the • environmental area. r -10- December 5, 1994 • g r h I ~ ' 1 1 7 ,ilYiil~1 ~ hJE•b1~f17 ii~l~1 s 0 ~ ~ Fonda Q~ 001 Ikitc._.. l!.°_s~. ~~9Q KELLY, HART & IIALLNIAN, P.C, / v 27 ENVIRONMENTAL LAW PRACTICE GROUP PRESENTATIONS AND PUBLICATIONS C. Coon, Article and Presentation, "Lender, Secured Creditor and Trustee Liability," Tarrant County Environmental Law Section, November 5, 1994. J. Civins and M. Menicucci, Article and Presentition, "Environmental Implications of Business Transactions," University of Texas School of Law, 6th Annual Hazardous and Solid Waste Management Institute, Austin, Texas, October 1994. i , J. Braddock and S. Zachos, Article and Presentation, "Fnvironmenal Update", Advanced Oil, Gas and Mineral Law Course, Houston, Texas, October 6, 1994. + A Chins and C.G. McKinney, Article and Presentation, "RCRA," The Nev ~onmental Regulation Course, Business Development Associates, Inc„ Houston, Texa< 3eI ;ber 26, 1994. C. Coon, Article and Presentation on "Documentation of Air Emission Trading," Second Annual Conference on Banking and Trading, ',mission Reduction Credits, CI. Internal`^n^.1, Houston, Texas, September 1994. J. Braddock, Article and Preser,lation, "Texas Regulatory Framework," S coed Annual J Ce inference on Banking and Trading, Emission Reduction Credits, CLE International, 1L,dston, Texas, September 1994, J, Braddock, Article anti Presentation, "Air Environmental Superconfererice, co-sponsored by State tyBarsofs Texas tEnvironmen al x& i Natural Resources Law Section, Texas and Central Texas Hazardous Waste Management Societies, Water Environment Association of Texas, Air & Waste Management Association, Southwest Section, Austin Texas, August 4-5, 1994. C. Coon, Presentation, "Environmen,,i Concerns in Engineering," American Society of Civil V Engineers (Dallas Bronch), Dallas, Texas, July 11, 1994. C. Coon, Article and Presentation, "Environmental Considerations in Drafting," Tarrant County Business Bar Association, Fort Worth, Texas, July 8, 1994, X Tullos, Article, "Loans, Land and the Law: How Environmental Legalities Affect Your • Bank," July 1994 issue of Texas Banking. 0 ti • w • ze C. Coon, Article, "Regulr.ting the Air We Breathe," Tarrant County Women's Bar Association Newsletter, July 1994, C. Coon, Article and Presentation, "Environmental Considerations in Drafting," Tarrant County Business Bar Association, July 1994, C Coon, Article and Presentation, "Real Estate and Environmental Issues," Fort Worth Chamber of Commerce Environmental Symposium for Bufinesses, Fort Worth, Texas, June 9, 1994. J. Braddock, Article and Presentation, "Air Permitting," Fort Worth Chamber of Commerce, Environmental Symposium for Business, Fort Worth, Texas, June 9, 1994. s J. Braddock, rticle and Presentation, "Air Pollution Issues in the Dallas/Fort Worth Area," Dallas Bar Association, Environmental Law Section Meeting, Dallas, Texas, May 26, 1994. C Coon and M. Menicucci, Article, "Environmental Regulwi n of Health Care Facilities: A Prescription for -~mpliance." Southwestern Law Journal, Special Edition, May 1994. C. Coon, Article and Presentation, "Environmental Laws and Their Eelallonship to Real Estate IIi Management," Institute of Real Es, Management Environmental Seminar, March 8, 1994. S. G, Zachos, Article and Presentation on "Oil and Gas Injection Well ,elation," Intemationa' Petroleum Environmental Conference, sponsored by University of Tul :ollege of Engine and Applied Sciences, Houston, Texas, March 2, 1994. C. Coon, Article an.! Presentation, "Lead: The 'Asbestos' of the 1990's," published in the February 1994 issue of Tarrant County Women's Bar Association Newsletter, C, Coon and Billie J. Ellis, Presentation, "Environmental Risk Management", at Jenkins & Gilchrist, February 17, 1994, S. G. Zachos, Article and Presentation on "Overview of Class II Underground Injection Control Program," Environmental Reg!-lation of the Oil and Gas Industry, sponsored by the Rocky Mountain Mineral Law Founda,ion, Houston, Texas, February 10, 1994. J. Civins, Seminar on "Environmental Litigation" as adjunct professor at The University of Texas School of Law, Spring Semester 1994. 559 1 .2. December 5, 1994 0, • s Batt l roo.... PS-0 S. G. Zachos, Article and Presentation on "Oil and Gas Exploration and Production: Feral Regulation," Advanced Environmental Law Course, sponsored by the State Bar of Texas, San Antonio, Texas, January 20-21, 1994. S.G. Zachos, Article and Presentation on "Stormwater Permitting," Texas Association of Environmental Professionals, 51h Annual Environmental Regulatory Workshop, Houston, Texas, October 21, 1993. J. Civins, C. Coon, Article and Presentation, "Environmental Implications of Business Transactions," University ofn,TexasTexasSchoolctober O of14& Law, 5th15Annua, Management Institute, Austi,, 1993l Hazardous and Solid Waste J. Civins and S. G. Zachos, Article and Presentation on "Structuring to Allocate Environmental Risks," 11th Annual Advanced Oil, Gas and Mineral Law Course, Dallas, Texas, October 14- 15, 1993, (Paper was among the top three finalists for College of the State Bar Outstanding CLE Writing Award for 1993). J Civins, C. Coon and Mary Simnons (Mendoza), Article and Presentation on "Emission Reduction Credits —Transactional Documentation," CLE International, Houston, Texas, September 24, 1993. i J. Civins and C. Coon, Article oil "Practical Concerns in Environmental Permit Transfers, Journal of Environmental Permitting;, published by Executive Enterprises, Autumn 1993 Issue. K. Tullos, Presentation and Article of "Discovery Issues in Environmental Cases," 5th Annual Texas Environmental Superconference, co-sponsored by State Bar of Texas Environmental & Natural Resources Law Section, Texas and Central ','exas Hazardous Waste Management Societies, Water Environment Association of Texas, Air & Waste Management Association, Southwest Section, Austin, Texas, August 6, 1993. ! R. Pressley, Presentation and Article on an "Overview of the Origins of Environmental Law", Environmental ABC's: A One-Day Primer Course on Emiromnental Law, The University of Texas at Austin, July 16, 1993. • C. vleKinney, Presentation and Article < z "A Beginner's Guide to Hazardous Waste Regulations", Environmental ABC's: A One-Day Primer Course on Environmental Law, The university of Texas at Austin, July 16, 1993. J. Civins, Presentation on "Selected Discovery Issues", Seventh Annual Administrative Law Seminar, sponsored by the Administrative Law Section of the Travis County Bar Association, Austin, Texas, July 9, 1993. 561 ,1 -3_ December 5, 1994 • 0 , • car • Og y7 J. Civins, Seminar on "Envirommental Litigation" as adjunct professor at The University of Texas School of Law, Spring Femester 1993. J, CA'ins, Presentation on The Federal Clean Water Act, Southwest Texas State University Graduate Course, San Marcos, Texas, March 30, 1993. S. G• Zachos, Presentation and Article on "Environmental Compliance Issues - Planning A head, " 19th Annual oil, ras & Mineral Law Institute, sponsored by The University " School "I' Law, Houston, Texas, March 26, 1993. of Texas S' C. Zachos, Presentation on "Texas Oil S Pill Prevention and Response Act OSPRAP) Recent Developments, " Oil Meeting, March 10,, Gas & Mineral Law Section of the Travis Co 1993. My Bar Association Monthly M. Menicucci, Presentation and Article on "An Overview of State and Federal pollution Prevention Plans in EPA Region 6", Region 6 Environmental Update, sponsored by Executive Enterprises, Dallas, Texas, March 4-5, 1993. S. G. Zachos, Presentation and Article on "Emerging Regulations: Texas Oil Spill Prevention and Response Act" PETRO-SAFE '93 4th Annual Environmental & Safety Conference and Exhibition, sponsored by PennWell, Houston, Texas, January 27, 1993, J. Civins, Presentation and Article on "TWC permitting and Enforcement Process: Community, State and Business View,,," Environmental Law Symposium - 1993 at South Texas College of Law CLE Program, Houston, Texas, January 21-22, 1993 C. Coon, Article, "Have Medical Waste Regulations Got You in the Dum ster? " Journal (1993), P Texas Dental 1 S.G. 7-achos, Presentation and Article on "Class II Injection Wells: Current Regulatory Developments," Symposium on Class II Injection Well Management and Practices, sponsored Foundalion1eHoustonDrexasnNovemberEnergy -20d 199Underground Injection Practices Research • A C'irins and C Coon, Presentation and Article on Transfers," Environmental Law and Litigation in Real "R egulTrans Compliance and Permit Estate School of Law, Dallas, Texas, November 12-I3, 1992. s Seminar at SMU C. Coon, Presentation and Article on "Legal Issues of property Ma" Estate Management, Dallas, Texas, November 3, 1992, nagement, Institute of Real 569. 1 •4- December 5. 1994 • • J. Civins and N. Pressiev, Presentation and Article on "Envirorunertal Implications of Busir~~ Transactions," University of Texas School of law Fourth Annual hazardous and Solid Waste Management Institute, Austin, Texas, October 22-23, 1992. J. Civins and M. Menicucci, Presentation and Article on "Legal Issues Associated with Environmental Assessments," HazMat Southwest 92' Conference, Dallas, Texas, October 9, 1992. C. McKinney and M. Menicucci, Presentation and Article on"Environmental Issues Facing Building and Real Property Owners," Fourth Annual Texas Environmental Superconference, co- sponsored ~)y State Bar of Texas Environmental & Natural Resources Law Section, Texas and Central 'T'exas Hazardous Waste Management Societies, Water Environment Association of Texas, Air & Waste Management Association, Southwest Section, Austin, 'texas, August 7, 1992. E. Kohn, Presentation and Article on "Use of Mediation to Resolve Environmental Disputes," Independent Bankers Association, Agricultural Lenders Section, Austin, Texas, July 14, 1992. N' J. Civins, Seminar on "Environmental Litigation" as adjunct professor at The University of Texas School of Law, Spring Semester 1992. S. G. Zachos, Presentation on "Employment O \ 1992 NAELS (National Association of Environme tal 'Law Societies) Confer mce sponsored by \ 'the Environmental Law Societies of the University of Texas School of Law and the University of Houston Law Center, Austin, Texas, January 30-February 1, 1992. J. Civins and M. Menicucci, Presentation and Article on "Dealing with Environmental Issues in Real Estate Contracts," State Bar of Texas Advanced Real Estate Drafting Course, San Antonio, Texas, January 30-31, 1992. E. Kahn, Presentation on "Sexual Harassment in the Workplace," Professional Secretaries International, Fort Worth, Texas, January 28, 1992. S. G. Zachos, "Emerging Oilfield Regulations for Class II Injection Wells," PETRO-SAFE '92 1 • 3rd Annual Environmental & Safety Conference and Exhibition, sponsored by PennWelt, Houston, Texas, January 27.29, 1992. I J, Civins and S, G. Zachos, Presentation and Article on "Agency Jurisdiction in the New Texas: The Texas Natural Resource Conservation Commission," Southwest Legal Foundation Workshop on Environmental Law for the Oil and Gas Lawyer, Dallas, Texas, January 15.17, 1992, snv i -5- December 5. 1994 • 4 • • R. Pressley, Article on "Alternative Legal Bases for Managing the Edwards Aquifer," State Bar of Texas Environmental Law Journal, December, 1991. J. Chins, Presentation and Article on "Environmental Implications of Business Transactions," University of Texas School of Law Third Annual Hazardous and Solid Waste Management Institute, Austin, Texas, October 31 - November 1, 1991. J, Civins, Presentation and Article on "Environmental Law: Practice'rips for Secured Lenders," State Bar of Texas Advanced Bankmptcy Strategies and Tactics Course, Austin, Texas, September 19-20, 1991. Y. G. Zachos, "Federal Storm Water Discharge Regulatior, or 'Pulling in the Rains, 3rd Annual Texas Environmental Superconference, co-sponsored by State Bar of Texas Environmental & Natural Resources Law Section, Texas and Central Texas Hazardous Waste Management Societies, Water Environment Association of Texas, Air & Waste Management Association, Southwest Section, Austin, Texas, August 2, 1991. F. Kohn, Presentation and Article on "State Role in Superfund Cleanups," AICHE Conference, Pittsburgh, Pennsylvania, August, 1991. E. Kohn, Presentation and Article, "Everything You Wanted to Know About Superfund (And f Some Things You Didn't)," Environmental Regulation Seminar, sponsored by Executive Enterprises, Inc. Houston, Texas, July 19, 1991. S. G. Zachos, "Land Ban Issues," Seminar on Texas Environmental Regulation, sponsored by + the Institute of BL-aess Law, Dallas, Texas, June 25-26, 1991. I J. Civins, Presentation and Article on "Practical Tips for Secured Lending," State Bar of Texas Annual Meeting, Sections of Real Property, Probate and Trust Law, Coot-ate Cou Business Law, Houston rP nsel and , Texas, June 1991. ' S.G. Zachos, Presentation on "Summary of Texas Oil and Gas Law," to Soviet Delegation (Visiting Minister of Justice of the Russian Federation, Member of the Supreme Soviet of the USSR, Guests of the State Bar of Texas), sponsored by the International Law Section of the • Travis County Bar Association, Austin, Texas, June 18, 1991. + 1. Civins, Presentation and Article on "Compliance Auditing," Executive Enterprises Environmental Regulation Course, Houston, Texas, May 13-15, 1991. December 5, 1994 • s J. Civins, Presentation on "Environmental Law What's All the Fuss About?" Tarrant Cou s nty Bar Association and Fort Worth-Tarrant County Young Lawyers Association Joint Luncheon; Fort Worth, Texas, April 9, 1991. A Cndns, Presentation on "Federal Environmental Laws & Regulations Applicable to Natural Gas Pipeline Operations/Construction," Southern Gas Association, Environmental Overview for Natural Gas Operations & Construction Persorotel, Houston, Texas, March 27-28, 1991. S,G. Zachos, Presentation and Article, "Environmental Hotline," 17th Annual Oil, Gas & Mineral Law Institute, sponsored by The University of Texas School of Law, Hot,ston, Texas, March 22, 1991. C. Coon et at,, Presentation and Article on "Environmental Liabilities: Impact and Trends," National Petroleum Equipment Manufacturers Credit Group, Dallas, Texas, March 15, 1991. J. Civins, Presentation and Article on "Strategies for Minimizing Your Environmental Risk and Exposure," Executive Enterprises, Region VI Federal/State Environmental Regulation Briefing, Dallas, Texas, March 4-6, 1991. J. Civins, Course on "Environmental Law: Practical Aspects of Laws that Affect the Environmental Professional, " American Institute of Hazardous Materials Management, Southwest Environmental Hazards Conference and Exhibition, Dallas, Texas, February 19-21, 1991. J. Civins, Presentation and Article on "Safeguards to Avoid Environmental Litigation," Environment & Safety in the Energy Industry, Petro-Safe '91, Second Annual Conference & Exhibition, Houston, Texas, February 6-8, 1991. C. Coon et al., Article on "The New Regulatory Horizon: Regulation of Medical Waste," 45 Southwestern L.R. 301 (1991). C. Coon, Article, on "Who's on First, What's on Second, or a Discussion of the Scope and Potential Misuse of the 'Mixture' and 'Derived From' Rules and 'Contained-In' Policy," Southwestern Law Journal. • C. Coon ef al,, Presentation and Article on Current Developments in Environmental Regulati _ n impacting Electric Arc Furnace Steelmaking," American Iron & Steel Society, Electric Arc Furnace Steelmaking Conference, 10th Technology Seminar, December 12, 1990, C, Coon, Written Materials and Research presented at Environmental Law and the Oil and Gas Industry, Dallas, Texas, November 16, 1990. 1no i -7- December 5, 1994 , • a.. wa.www. ~riL . • JIJ... . . • • _ a> • C J. Civins, Presentation and Article on "Complying with Clean Water Regulations from A to Z: Z64P-7 Stormwater Discharge Permitting," Executive Enterprises, Houston, Texas, October 22-23, 1990 and Orlando, Fior;.3a, November 7-8, 1990. J. Civins, Presentation and Article on "The Potential for Liability Under Hazardous and Solid Waste Management Laws," University of Texas School of Law Second Annual Hazardous and Solid Waste Management Institute, Austin, Texas, October 26, 1990. J. Civins, Presentation and Article on 'Legal Aspects of Environmental Crisis Management: Reporting to Environmental Agencies," Tulane University School of Law Environmental Law Conference for Gulf Coast Lawyers, New Orleans, Louisiana, May 4, 1990. C. Coon et al., Presentation and Article on "Overviow of Environmental Regulation and Current Developments of Electric Arc Steelmaking," American Iron and Steel Society 9th Advanced Technology Seminar, Baltimore, Maryland, April 29, 1990, Z Civins, Presentation and Article on "Key Environmental Development Issues," American Society of Civil Engineers 17th Annual Water Resources Planning & Management Division Symposium on Infrastructure, Fort Worth, Texas, April 17-20, 1990, J. Civins et al., Article on ite Selection: Environmental and Land Use Problems", ABA Public Contract Law Section Conference, Scottsdale, Arizona, April 5-6, 1990. J. Civins, Article on "Lender Concerns Under Environmental Laws," State Bar of Texas Environmental Law Journal, April, 1990. J. Civin Article on "Environmental Law Concerns in Real Estate Transactions," Southwestern Law Joun al, Southern Methodist University, February, 1990. C. Coon, Presentation and Article on "Asbestos Regulation and Due Diligence: What a Lender Should Consider," American Federal Bank F,S,B., Dallas, Texas, February 3, 1990. J. Civins, Presentation and Article on "Lender Concerns Under Environmental Laws," Practicing Law Institute Program: The Impact of Environmental Regulations on Business Transactions, Houston, January 23, i'~)0. s691 -8- D ccember 5, 1994 • • • REPRESENTATIVE CLIENT RF. Y 5-00 Michael L. Cioffi Assistant General Counsel Michael C[Yfysey American Premier Underwriters, Inc. Senior Vice eside'ii7; (formerly Penn Central Corporation) General Counsel and Secretary 27ez7 One East Fourth Street, 14th Floor Gould, Inc. Cincinnati, Ohio 45202 35129 Curtis Blvd. (513) 579.6616 Eastlake, Ohio 44095-4001 (216) 953-5170 Joe Curtis Barbara Hamilton Director of Environmental Affairs Ldidlaw Environmental Services, Inc. Baker Hughes, Inc. 220 Outlet Pointe 3oulevard P.O, Box 4740 Columbia, SC 29210 Houston, Texas 77210-4740 (803) 551-4250 (713) 439-8266 Mary E. Schulz Michael A. James, Senior Environmental Counsel Assistant General Counsel BFGoodrich Company Occidental Chemical Corporation 3925 Embassey Parkway Occidental Tower, 5005 LBJ Freeway Akron, Ohio 44433-1794 P.O. Box 8(%50 (216) 3i4-4409 Dallas, Texas 75380-9050 (214) 404-3966 James L, Dow, Vice President, General Counsel and Secretary Vice President and General Counsel Corporation Pier 1 Imports (U.S.) Inc. 14643 Dallas Parkway 301 Commerce Street, Suite 600 Wellington Centre, Suite 1000 Foit Worth, Texas 76161.0020 Dallas, Texas 75240-8871 (817) 878-8250 (214) 851-0516 Mr. Frank Smith Franklin K. Willis Vice President, Regulatory Affairs Enron Oil & Gas Company Rollins Environmental Services 1400 Smith r :et, Room 4862 One Rollins Plaza Houston, Texas 77002 P.O. Box 2349 (713) 853-3563 Wilmington, Delaware 19899 Gary Steinberger (302) 426-2994 • Assistant City Attorney Charles H. White, President The City of Fort Worth Bio-Hazard Management, Inc. 1000 Throckrnorton 2925 Brlarpark Drive, Suite 420 Fort Worth, Texas 76102 Houston, Texas 77042 (817) 871-7600 (713) 974-3256 Sue S. Schwartz, President • • Keeshan & Bost Chemical Compar.y P.O, Box 216 Manvel, Texas 77578 (7I3) 331-8219 . R • . r i I I DENTON I ooaoo~nodooo O~~ O p D F ~QQQ 00~~ ~ ''p Op oD ~I D OOQ~~ ~~.O~O OQQQ T p , ti p00 ~aooo~aooo°° i i ® ITS" r COUNCIL • • . sm s Agenda No g3- . Agen0a1t0M 4-5 Z A. Lale__ CITY of DENTON, TEUS MUNICIPAL BUILDING • OENTON, TEXAS 76201 • TELEPHONE (817) 566.8307 office of the Cily Manager MEMORAiIDUM TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: December 30, 1994 r SUBJECT: Resolution Authorizing the City Manager To Execute An Agreement With the Department of Transportation RECQt'M~F QATION: i Staff recommends the adoption of this resolution. BACKGROUND: In April, 1994, Staf' made application for an urban area formula grant to fund public transportation services in Denton. This assistance is authorized by the Secretary of Transportation and funded under the Urban Hass Transportation Act of 19640 as amended. The applicable legislation, Section 9, is administered under the auspices of the Federal Transportation Administration (FTA). On December 7, the FTA notified the City that our grant request in the amount of $422,189 had been &pproved. This funding includes 1 $40,187 for planning, $215,250 for operations, and $161,600 for ! capital. The capital funds will be used to purchase three lift equipped vehicles and route signs. Also included in the grant approval is $5,152 in capital for the city's participation in the three-year demonstration ozone Alert program. Funding as approved is to be used during the FY 194-95, which runs from October It 1994 through September 30, 1995, PROGRAMS DEPARTMENTg OR GROUPS AFFECTED; Citizens of Denton who uae public transportation. FISCAL IMPACT: Costs associated with the funding of public transportation services • • in the City of Denton will be funded in part by the Section 9 Grant totaling $422,189. 'Pedicared ru Qualirv Sen,ice e e 4~~endaNo 5-O 1 _ Aron°;L Please advise if I can provide additional iniinatinn~~ _57S RESPECTFULLY SUBMITTED,Z O 6 Lloyd V. fiarre 1 City Manager Prepared by: P ose Portuga Assistant to the City Manager Attachments: 1. Notification of Award 2. Resolution i { • e s; ` e w,tl~l,i ~ s, ar~n¢,n~ (~tUp~y9~'~r.; ~+hR, • s UNITED STATES OF AMERICA ~J DEPARTMENT OF TRANSPORTATION (a71u-_. = 3 - q FEDERAL TRANSIT ADMINISTRATION 3 S GRANT AGREEMENT (Form FTA G-1, OCTOBER t, 1994) 3 Grant No. 'rX-9o-X310 Upon execution by the Grant Recipient named in the Notification of Award below, the U.S. Department of Transportation, Federal Transit Administration (FTA) and that Grant Recipient have entered into this Grant Agreement. This Grant Agreement covers the Project or Program of Projects and limitations described in the Notification of Award below. In addition, the following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," Form FTAMA(I October I, 1974; and (2) Any grant award letter containing special conditions or requirements, if issued. NOTIFICATION OF AWARD THE FEDERAL TRANSIT ADMINISTRATION (FTA) HEREBY AWARDS A FEDERAL I GRANT Ab OLLOWS: I Grant Reei ten : City of Denton, Texas D si Recipien : City of Denton, Texas Miss Transportation S, stem: SPAN Cltatl0iof Status s) Authorizing er jectc or Pro, ; 49 USC § 5307 Es.Itil38I LN Eroject Cgst of This Project or All Jhg Projects in the PrQS[M: $689,179 Maximum Federal Funds Anproved : $422,189 • Maximum Percentage(a) of Feder t i al Part'c'ngtjQp: 80% capital, 50% operating Datc of Department of-Lbor Transit Employee CeNif gation Letterl%l: Otiw" Grant Certification-13-& TX-90-X310 May 11, 1994 . • • I A O • ca s :t,,,il^Rl S Project or Program Description: See attached Approved Grant Budge. ~o WV 2 2 199{ r OBLIGATION DATE GIONAL AQM11~ATRAT6R- GRANT AGREEMENT This Grant Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect, or one time if execution takes place by electronic data interchange. After the Notification of Award has been signed by the Government, this Grant Agreement should be executed by the Grain Recipient. The Government may withdraw its obligation to provide thjs financial assistance if the Grant Agreement is not executed within ninety (90) days after the Obligation Date. The effective date of the Grant Agreement shall be the Obligation Date The effective date of any Amendment shall be the Obligation Date for that Amendment. By executing this Grant Agreement, the Grant Recipient does hereby ratify and adopt, under penalties of perjury, all statements, representations, warranties, covenants, and materials submitted by: t, and does hereby accept the Government's award of Federal financial assistance and agrees that all applicable terms and conditions of this Grant Agreement shag apply to the Program or Projects for which this Grant is awarded. Executed this- _-day of _ , 19_ ATTEST: BY; 'TITLE AND ORGANIZATION TITLE AND ORGANIZATION Y • ra 0 J 's A f:, . , I^rL. S RESOLUTION NO. ° A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, AN AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Se,!retary of Transportation is authorized to award grants for a mass transportation program of projects and budget; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, such as the City of Denton, including the provision by it of the local share of the project costs in the program; WHEREAS, the U.S, Department of Transportation requires, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation requirements thereunder; and WHEREAS, it is the cfoal of the applicant that minority businesa enterprises be utilized to the fullest extent possible in connection with this project, and that defini,:e procedures shall be established and administered to ensure that minority businesses shall have maximum construction contracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION I. That the City Manager is authorized to execute an agreement on behalf of the City of Denton, Texas, with the U.S. Department of Transportation to aid in the financing of planning, capital and operating assistance projects pursuant to Section 9 of ~p the Urban Mass Transportation Act of. 1964, as amended. b SECTION II. That the City Manager is authorized to execute • and file an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964, SECTION III, That the City Manager or his designee is authorized to furnish such additional information as the U,S. Department of Transportation may require in connection with the ® program of projects and budget. • SECTION IV. That the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the program of projects and budgets procurement needs for transportation, • 0 • 0 -4~ SECTION V. That the City Manager is authorized to execute grant agreements on behalf of the City of Denton, Texas with the U.S. Department of Transportation for aid in the financing of the planning, capital and operating assistance program of projects and budget. SECTION VI. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995, I, BOB CASTLEBERRY, MAYOR f~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY i 1 BY: I. Ly.- s ~ i i PAGE 2 }S 0 :tom iV t1:rt~+,l'AMP i1 1! ( k DENTON ^ oooooaoaooooUo oo~ oo a ~ o C--3 cz] r o CITY 00 oo moo ~'r°~ pp0 ODQO O N ~ ~ oO~iO i °aoooooao~ COUNCIL r • a 0 R.1tlTE PECOR.R Ag,ndaNo~ U / AgWaltem Ie.~ bate__-_.I~' 9S__ RESOLUTION NO. A RESOLUTION GIVING GENERAL TELEPHONE OF THE SOUTHWEST, SIXTY DAYS NOTICE AS REQUIRED BY SECTION XV OF THE FRANCHISE AGREEMENT TO PRODUCE RECORDS PREVIOUSLY REQUESTED OF GTE BY RESOLUTION NO. R94- 071 AND BY THE CITY MANAGER IN HIS LETTER OF FEBRUARY 10, 1994 PURSUANT TO SECTION XVII OF THE F1ANCHISE RELATING TO THE INSFEC- rION OF RECORDS NECESSARY TO AUDIT GTE'S FRANCHISE FEE PAYMENTS TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton granted a franchise to General Telephone of the Southwest (GTE) pursuant to the City Charter on the 4th day of October, 1983, and such franchise agreement provided it was subject to all of the provisions of the Charter; and WHEREAS, the City retained the auditing firm of Reed-Stowe & Co., Inc., to audit GTE's records relating to its revenues within the City of. Denton from the beginning of the present franchise agreement (1983) through 1992 t^ determine if the appropriate franchise fees have been paid by GTE; and WHEREAS, the City Manager on February 10, 1994, requested from GTE certain records pursuant to Section XVII of the franchise agreement needed by Reed-Stowe to determine in accordance with auditing principles what GTE's gross receipts were in the City of Denton for the period from 1983 through 1992; and WHEREAS, GTE did not fully comply with the records request and on November 4, 1994, the City Manager requested again the needed records, and on November 22, 1994, pursuant to Resolution No, R94- 071, the City again requested the needed records; and WHEREAS, the City finds that GTE has not complied with the requests for records of November 4 and 2i and is in default under the franchise agreement; and WHEREAS, in addition to the franchise agreement, the City's Charter requires a holder of a franchise to allow the City to examine at any time its accounts and records; and • WHEREAS, the failure of GTE to pay franchise fees owed requires taxpayers of the City to pay higher taxes to fund budgetary items which should be paid by franchise fees properly collected; and WHEREAS, the public interest does not allow the City to subsidize a public utility 1.n the payment of fees for the use of • public rights-of-way and thereby provide a gift to such utility's • • stockholders or to companies contracting with such utility and not paying for the use of City rights-of-way; and WHEREAS, Section XV of the franchise agreement with GTE provides that if GTE is found to be in default of such agreement it • 0 • rn • 'r)rnrfaNO. 5' 001 h~~i n.''(Drp S aLa.~ ZoQ2 shall be supplied notice of the default and given a period of sixty (60) days to cure same; and WHEREAS, City has a fiduciary duty to its citizens to enforce the laws of this land (which includes the City's Charter) and the franchise agreement to protect the public interest; and WHEREAS, the City cannot allow any business or individual within its corporate limits to operate above the law; NOW, THERE- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION 1. That the Cicy Council hereby adopts the findings listed above. SECTION II. That General Telepl~one of the Southwest is hereby given sixty (60) days from Cie receipt of this resolution to produce the records requested ky the City Manager in his letter of February 10, 1994, in their en'.irety. SECTION U. That this resolution shall he effective immedi- ately upon its passage and approval. SECTION Iy. That the City Secretary is hereby directed to forward a copy of this resolution by certified mail, return receipt requested, to Melvin Willis, District Manager of GTE Telephone Operations, P. 0. Box 520, Denton, Texas 76202. Effective this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: • JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. SUCEK, ACTING CITY ATTORNEY • BY: Z, • • PAGE 2 • Lr DENTON goooooooo0 OF D 4cd 0 0 Q ~ I O f CID Ol~p T COO X00 ooao ON , I o~oo aQaooou ITS' . COUNCIL • - m Agendalt MEMO #94-120 Date TOs Mr. R. Svehla, Deputy City Manager 1ROMI J. L. Cook, Jr., Fire Chief f DATas 29 December, 1994 W SUBJECTS FY 1494-95 WU COATRACT WITH DENTOM 'OVATY Please find attached for the Council's consideration the finalized version of the county EMS Contr-%ct. This draft represents the latest revisions by the County's attorneys ' as well as ours. We havs been working under this contract since i October, 1994 and is simply a renewal. The funding formula contained in the contract represents the successful negotiations of both the City Managers and Fire Chiefs Association. Should you have any quev}tions on this regard, please do not hesitate to contact me. Attachment JLC/bf • f 1 • j ' • r I i I r 1 V • ~ 14. o ~ ~ ,..:r,~~t"li~~~Jl ~w~ ~r,fi~4i~3G~t ,.z;~jy''~t~{~.}I:~.~~~~'~ • s E:\NFARS\ RES 1AMtULANC. CTY RESOLUTION NO, r ~ r6 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTIQN I. That the city council of the City of Denton hereby approves an interlocal agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporcted by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II, That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 199 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY: I • APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY 00 BY: • 0 _ • w s 60 THE STATE OF TEXAS COUNTY OFDEN70N ) INTERLOCAL COOPERATION Af RRAMFNT AMBULANCE SERVICE THIS AGREEMENT is made and entered into this day of 1994, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "County" and the "CITY OF DENTON", a municipality located in Denton County, Texas, hereinafter referred to as "City," WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, City is a municipality engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton County; and WHEREAS, City is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, or injured and has in its employ such trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, County desires to obtain emergency medical services rendered by City, as • more fully hereinafter described for the benefit of the residents of Denton County, Texas; and WHEREAS, the provision of emergency medical services is a governmental function that f serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, County and City mutually desire to be subject to the provisions of V,T,C.A. ' Government Code, Chapter 791, the Interlocal Cooperation Act, V.T.C.A. Health and Safety 1 i • O • • Code, Section 774.003 and other applicable statutes and contracts pursuant thereto; 3 Og L) NOW, 'T'HEREFORE, County and City for the mutual consideration hereinafter stated, agree as follows: I. The effective date of this agreement shall be the 1st day of October, 1994. f ]I. The term of this agreement shalt be for the period of October 1, 1994 to and through Septemoer 30, 1995. Each party may term;nate this agreement by giving the other party written notice of intent to terminate sixty (60) days after receipt of such notice. III. As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment Is essential to the health or life of a person or persons. Whether the aforementioned circumstances in fact exist is solely up to the discretion of the City. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by a person requesting ambulance service that an immediate need • exists for such r rvice for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter administered; and 2. The representation by a person requesting ambulance service that an immediate need • exists for such service for the purpose of transporting a person from any location to the closest • • 2 • GA • medical facility; -Z B. "Rum area" means any area within the boundaries of Denton County, Texa3, and without the corporate limits of all incorporated cities, towns and villages within said County. C. "Urban area" means any area within said County, within the corporate limits of an incorporated city, town or village. b D. "Emergency ambulance call" means a response to a request for ambulance service i' the Personnel of City in a situation involving an emergency (as such word is hereinabove defined) through the instrumentality of an ambulance vehicle. Within the meaning single call might involve the transportation of more than one person at a time. IV. A. Services to be rendered hereunder by City are ambulance services normally rendered by City under circumstances of emergency as hereinabove defined to citlzens of County, B. THE DENTON Ambulance Department shall respond to the requests for ambulance services made within designated area 2 of County, as set out in exhibit "A", attached hereto and incorporated by reference. i C. It is recognized that the officers and employees of City have duties and responsibilities which include the rendering of ambulance serices and it shall be the responsibility and within the sole discretion of the officers and employees of City to determine priorities in the dispatching and use of such equipment and ~ personnel and the judgment of any such oft"", or employee as to any such matter shall be the final determination, V. The County shall designate the County Judge to act on behalf of County and to serve as , 3 • r S 44 S .C . "Liaison Officer" between County and City. The County Judge bf hls de. g mtt# st rstilute shall insure the performance of all duties and obligations of County herein stated, devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement and provide supervision of County's employees, agents, contractors, sub-contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and City. VI. City shall ensure the performance of all duties and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of City in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the City employers, agents, contractors, sub-contractors and/or laborers, if any, in the furtherance of die purposes, Ierms and conditions of this agreement for the mutual benefit of City and County. VII. For the services hereinabove stated, County agrees to pay Provider a fee of $259,587.00 based on a funding formula as follows: First, the readiness sum is .816 per capita based on population, for a maximum of $80,401.00. Second, a sum of $345.00 per ambulance run will be paid, for a maximum of $54,165.00. This sum is based upon the number of runs made by • Provider in fiscal year 1993. Third, a fixed sum will be paid based on size of covered rural area, for a maximum of $125,021.00. Payments will be paid quarterly, commencing on October I, 1994. The remaining payments shall be made respectively on or before January 1, 1995, ® April 1, 1995, and July 1, 1995. The population and mileage figures used were obtained from • • f r I 4 • ca s i t;icnralti+o _ Q 500 North Central Texas Council of Governments. An ambulaAc;e2 ll-is_ddmcd as the actual I -95~ treatment and transport of a patient to a medical facility. If the Vitient is not transported, there / Q would be no ambulance call according to this agreement. The Provider transporting the patient shall receive payment regardless of the service delivery area in which the call originated. The Provider shall submit all irquests for payment using a standardized ambulance transportation reporting form approved and provided by the County. The form shall be submitted within five (S) days of performance by the Provider. Reporting forms shall be completed in full and contain accurate patient information. Forms may be submitted by personal delivery, U.S. mail, facsimile, or computer link. Completed forms shall be submitted to the J office of the Denton County Fire Marshall. VIII. County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's officers, employees and agents. IX. City agrees to and accepts full responsibility for the acts, negligence and/or omissions I of all City's officers, employees and agents, ' X. i In the event of any default in any of the covenants herein contained, this agreement may • be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and Intention to declare this agreemcit terminated. Unless the default is cured as aforesaid, this agreement shall • terminate as if that were the day originally fixed herein for the expiration of the agreement. • • I 5 • va • XI. r~t;;., R s 5 C This agreement may be terminated at an time b either f 7dd 9 Q Y Y party giving sixty (60) days advance notice to the other party. In the event of such termination by either party, City shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should City be overcompensated on a pro rate basis for all services performed to termination date and/or be overcompensated reimbursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XII. The fact that County and City accept certain responsibilities relating to the rendering of ambulance services under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither City nor County waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions, XIII. This agreement represents the entire and integrated agreement between City and County and supersedes all prior negotiations, representations and/or agreements, either written or oral, A This agreement may be amended only by written instrument signed by both parties. • 6 ff I • s r 5-00 XIV. Soo /G This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. X V. In the event that any portion of this agreement shall be found to be contrary to law, it i is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XVI. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the partial hereto and each party hereby certifies to the other that any necessary resolutions extended said authority have been duly passed and are now in full force and effect. • 7 r BOMAN • r ~ • 7rndaNo._5_ 40 ~!',;C; ,iirrt~ s V 5 - EXECUTED in duplicate originals, this the _ day of 1994, COUNTY CITY DENTON COUNTY, TEXAS CITY OF DENTON I10 WEST HICKORY 215 EAST MCKINNEY DENTON, TEXAS 76201 DENTON, TEXAS 76201 By By Jeff Moseley Title Denton County Judge Acting on behalf of and by Acting on behalf of and by the authority of DENTON COUNTY the authority of the City of Commirsioners Court of DENTON, TEXAS Denton County, Texas, ATTEST: ATTEST: BY: BY: Tim Hodges City Secretary Denton County Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Assistant District Attorney Fire Chief APPROVED AS TO CONTENT; Denton County Fire Marshall • 8 • ~ ~1 ~ 1, i }Pti5~j t. ~~~",~~{s~~~'~l''ih~yt~4~ ~ . e h w e Derfon County Ambulance Districts r v all r 7 ~'J 9.ib.~Ir ~ I ' ~ r V' hrl ~ r . t t r' , :I rl . e I r ;,,Ldp It a~lq I o 1s f 1 L.u`,I ~r.r + T Y• it { 1 .1 C H R7 Null Culul 1. r,1 luldl 11 Crnurr+l, bill 1: rl,lll I1. ! ' e ca e r I { DENTON , a oo oo°°o°°000 oo°~ ~ 00~`~ a G ~Q o a a ooo° N , o°ooo voao o n° e ® CITY COUNCIL 0 0 r • s F. .AWi[Y1CS\Af5V~000Mi qS.h ADagdaNo__ Ageodallem~ D• Ltate X9.5' RESOLUTION NO A RESOLUTION REQUESTING REPRESENTATIVE-ELECT HURT SOLOMONS TO SEEK AN ATTORNEY GENERAL'S OPINION RLGARDING THE CONSTITUTIONALITY OF THE STATE STATUTE ALLOWING CHARITABLE SOLICITATIONS IN ROADWAYS (ARTICLE 67014, §81(c) V.A.C.S.); AND PROVIDING AIJ EFFECTIVE DATE. WHEREAS, Section 25-5 of the Denton City Code prohibits volun- teers of charitable organizations from soliciting contributions of any ;rind from the occupants of vehicles upon city streets; and f WHEREAS, volunteers for certain charitable organizations (e.g. Muscular Dystrophy) have requested the City Council to amend Sec- tion 25-5 to allow soliciting of charitable contributions pursuant to the authority of Article 67oid, Sec. 81(c) V.A.C.S.; and WHEREAS, Article 6701d, Sec. 81(c) was adopted by the state legislature i.n 1969, and provides, in part, that a person may stand in a roadway to solicit charitable contributions if authorized to do so 'y the local authority having jurisdiction over the roadway; and WHEREAS, the City of Denton has always prohibited solicitation in public streets both to protect the solicitor and person soli- cited from injury; and to comply with the reasoning of the U.S. Supreme Court opinion in Southeastern Promotions LLd v Conrad, 95 S.Ct. 7239 (1975), which provides if you allow one class of citizens the right to exercise its freedom of speech and press :i.ghts under the Firs" Amendment to the U.S. Constitution through the use or a public facility, you must allow all citizens the right to exercise such rights in such public facility; and WHEREAS, the City does not desire to amend Section 25-5 to allow charitable solicitations unless it can lawfully limit all ~q solicitations in the roadway to on)y charitable organizations; and WHERi:AS, the City is desirous of seeking the opinion of the • Texas Attorney General's Office as to the constitutionality of Article 6701d, Section 81(c), and recognizes th,a fact that only certain state officials may request such opinions; and WHEREAS, Representative-Elect Burt Solomons has indicated a willingness to request an Attorney General's opinion on whether or not solicitation cf contributions in streets can be limited to only charitable orgar.i-at ions, if such is the desire of the City of • O • Denton; NOW, THEREFORE, t J THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: • s +Uan~nN~. 9S = e Z SECTION I. That the City hereby seeks an Attorney General's opinion regarding the constitutionality of Article 6701d, Section 81(c), which appears on its face to allow solicitation of chari- table ;ontributicns upon City streets, but excluder! other citizens + who also have freedom of speech and press rights from soliciting upon city streets, SECTION II, That the City Attorney is hereby directed to request Representative-Elect Burt Solomons to seek such opinion, on f the City's behalf. Should Representative Solomons be prohibited for any reason from seeking such opinion, the City Attorney is directed to request such opinion from any state official having the authority to request Attorney General Opinions, and who is willing to pursue such opinion on behalf of the City of Denton. SECTION III. That this resolution shall be effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1995, BOB CASTLBBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY • BY: c lyY. c_ I I PAGE 2 A • . i ~ •:t ~~f )4i~ Ili ~ ~j~~r~~S}~b'.}~^7~1.~1~jj~~~1 f°a :~y i vo. n 41~ t {3 IN~~ !R w v AGWaNa. Dz- Ciry Of OENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 78201 MEMORANDUM TO: Mayor aid Members of the City Council FROM: Harlan Jefferson, Director of Fiscal Operations DATE: December 28, 1999 SUBJECT: TEEN COURT BOARD OF DIRECTORS APPOINTMENTS Staff recommends that the City Council select two individuals to serve on the Board of Directors of teen court. At this point, we believe the County, school district and bar association are all prepared and willing to appoint two members each. If you need any further information, please let me know. AFFOOCSS l~ r 81716888200 D/PW METRO 4342628 % .w- - ..-"'...'•."f~. . 1 • rw °"Y..e +W Nr.... , r , .1 ~ ~ ~ Y f.' Ai c 1. tf , 4 ' 1 { .~,ti}, TYS • . !I: { 4 !'9 ,1 c 4(! v^.''t ,r c0 DENTON ~ oaaooooo 0 0 0 0 OG~~ D ~00 O ~ o d j { a o oow 00 OO ~ N °Qaoanooo° CITY COUNCIL k.i 2 s r_ . AgsrldaNo. 9.5- od/ Agandalte~,.. ~ Date - 3 y CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 7620 f TELEPHONE (817) 666.8307 Office Of the City Manager MEMORANDUM I TOi Lloyd V. Harrell, City Manager 1 FROMs Batty Williams, Executive Secretary DATES December 28, 1994 SUBJECTS WALL OF HONOR According to the established procedure, letters displayed on the Wall of Honor commending city employees for quality service will be replaced on January 1, 1995. Attached are copies of the thirty-two now letters which will be exhibited for the next three months. The letters currently on display will be placed in a scrapbook to be maintained by the City Manager's office, we are very excited to be able to replace every letter currently on display, We wish to extend our congratulations to each of these employees on their excellent efforts to serve the citizens of Denton, + C eta t'~.lliama Executive Secretary S 14 t i i I "Dedicated to Quality Service" ,,..www.gr... • r rw..rr.Wlf~t"V a it [Y-r i ' ~t 1`)), 1 (BLS t 1 A • r t, 04; dill, Ybcmn ceSGU~'~i n j Ow- Ct Ras ccd / ~fioM be h,~d e bbol~S , Y1k 0~.„ }-o I sf~~ ~ hrv~~s' 14 • a uJ~ndaNo.~Q~ 4o 44Ak dew a i yok r s+~.~.~ ror 40- werk ~ou~ 1 done, r44joi4a ~ Akbees afwethca *A laur+~o S~ fQ ~►ane ~tst~+ ~+.t~e~au~ra . Tyr M~y ~r'rx yokr 44 r'n¢140 s~/QLowf !b~ ,elm aruR e oft:sd6wiT. Moks .roe A J ob oall doAc • Y CIFa /&filus e s e e ~ . o~ r • e c~ 3 t.~ i f I 411 J - ,dk FLORAL 7 e e e fi h „ ^r e 1 ~t)1K ~tx! {l ~sJ.° ~ti , > vas x W s riu qS"-C76j cam. c~fo-u a cv.~/ A„ g7-1 , ~ • e y o lu~ 6 A A ID lS \ n -~Q ~1'P~_ ~ ~ l L K EUREKA! JJ PD. Box 5116.1z Denton. I:C'6?06 P (-C:'LCaz Le-^t 1 I:urtka! I'Inygruu nJ Steering C'mnminee ~Ll 7 ` ll~~-wfS nRihL(~ 26 . G. /t in~:c 11 ih~m ut J, Kr nr, J, nnn 1 .1 1' F 1, K. tirnpldlim Inl .kll . H,nrl ~ Gan (hr f~ K 11h I ."'v 11 rr,(;ulhric U,raJ(Vln.~ nn„nr I,%I,,, t(.,twzLa,J~. > 7rh. I II<n lcho l' 'Z LK-dd'l.f/ V V`cN 1L,nhd lrl Shrill Hru% lIl p III-it IanJa Vu;II P,a Itr: 1.~ K,H nil ✓/f ~J ~ ~iilvi-Q r✓J J'W-~/ e Kalh, Ifil 1w, /J p /J ~ j. ✓T ~ ~ / j lhL rci It ,I.,r 'f fi .('i(TG ~C.O I"rt/ ~L W /✓Y~'Y1. '~-0X~M~S-c^1~ -Z--^ Iin 11.1 lu« fi~mmr Ninunum 1 hhrllnn e / PC, eu-1- (t-N- / • • • • A9ondaNu. ~-Q~/ 'AUG Rd 7q 3 ~l P ku G~~,c ~o l~von. n.Q~ ~fU CAak , Q,Q.P ~ wZnlc chid O.bvj ~u~ c mmtio 10 4u UzTt~ e s. p • n d..ll I Arc, ~;r:,~n ~ 009 3q y ~ b ` I f i • I ESRI Environmental 380 Systems 1909793-2353 New CelAmsa rW%9103321317 Research YM 92373.8100 FAX 9D9 79-159,j lns6t01e, Inc. Stfa>t 4{Ji.,.~.111. N !7 4;i„, G^I August 26,1994 Mr, Roger Rose City of Denton Electric Depammt 901 -A Texat; Suftt Denton, TX 76201 Dear Roger, Recently a smal'team of ESRI people reviewed Ust, Conference maps for inclusion in the 1994 MnpSook. I personally came across the beautiful map that you produced for the User Conference. I wanted to lot you know how much we felt it was close to being one of the best maps that has ever been produced with ARGINF0 for an urban area. 1 do not know if anyone has acknowledged you personally for it, but we definitely wanted to do that as a team in the graphics dnparunent. Warm regards, VAciekk D getnbbnd ~ JDfjf • J JD1333 N'n. 0 'R R. t a s ~1. THE CITY 0F SN'Y -DER, TEXAS AC 91515734957 Po DRAwca co 19262411.StACET 79649 September 19, 1994 hj' Howard Martin 3u 1 City of Denton I Director of Rnvironment Services 901 Texas Street Denton, Texas 76201 t Dear Sir: On September 15th and 16th, 1994, the City of Snyder conducted the SWAHA Waste Screening Course for all the landfill personnel and office staff. The assistance of Mike Fogle, Waste Inapeetor, was to say the least invaluable. His knowledge and expertise was instrumental to the success of the class. I received many favorable comments from the attendees, on hit style and presentation of material relating to the course. Most impressive was the "hands on" demonstration at our landfill (see photo). I would like to take this opportunity to thank you for allowing Mike, to assist us in training our Nreonnel in Waste Screening and also to lot you know what an excellent job he did, Further I will be letting C. Berman at TNACC know about the City of Denton's (and your) willingness to Delp out our municipality; in bringing us into compliance with the new regulations concerning Waste Screening. Once again, Thank-you and Mr. Foyle for your assistance. If there 1.8 ever an instance where we can assist you or the City of Denton, please f oontact us, J.P. Fogle, ly~_ f Superintendent Solid Waste City of Snyder JPF/fd co: Lloyd V. Harrell City Manager r • tp • COUNTY OF DENTON STATE OF Td%AS 1I)'VENILE COUNT SERVICES PEGGY FOX. Chief Juvenile Cou11 Services A~ood;}ltor~~ r-~~f~ City Manager Mr. Harrell //qg 3 u 215 E. McKinney Demon, TX 76205 Dear Mr. Harrell, I want to thank the City of Denton for having the DARE, program, Our students benefit from the program. Officer Webber is doing A fine outstanding job, Officer Webber relates to the juveniles well, and he understands the needs. Thy, program pro~Ades excellent knowledge of the many drugs that are out there and good decildon; msiking tactics. Enclosed you will find letters that the juveniles wrote to Officer Webber thanking him for a job well done. Thank you, Melinda Jobe i Denton County Juvenile Detention Spe«al Education Teacher j 111 • 1 J 110W000110WLANI OINTON,TINMNIM Illn«►Ido • • 1 ~ ~'r~ r ~~I'~ e l tiw~Tfi w~~7a1~~r~11 ~r ~wv`~1f,~~4~5~ . 0 • uvtc~ Pt /A'slel wt7`(-! U $ L In? ,~~iL+ j ~ do -F C a d^'~~ air I/t ~c r~+ C oxy l el` ~~do ~n QaJ` n es , II I I Ce ~vG'r~lA Cri ~o mot? i lip . e 1 13c1~ 3~l car C~~C~: r 1~le1ol~ r 1 1r,k TtMC.. Gr~d1 ever\ 4~o+ s was or C, (z.ou+~e a4 .~s - a e - r. . • a • September 20, 1994 ry~a4 i LLoya Harrell ~ City Manager City of Denton 215 East McKinney Denton, Tx. 76201 , Dear Mr. H<rrellc I would like to express my appreciation to the City of Denton for your participation in the North Texas Water Utility Association. Alberto Lopez has been particul,rly hel' pful through his interest and by helping our. Board of Directors establish better operations and procedures. Mr. Lopez has been active in the Association for the past three years. During 1992 he was our President-Elect. During '1993 he served as our President and this year as our Immediate Past President which is a board position. In March of this year he started a newsletter for the Association which has helped to publicize our Association. He has shown a real dedication to this Association and we really appreciate all the time and effort that he has given us. Sincerely, Y~ DUB ~~11~ Royce Simpson Superinr.endent Water/Wastewater City of Decatur, Texas P.O. Box 281 • Decatur, Texas 76234 ~.r 3 IM, A' . f, r6.? n , ti • I- . to DENTCN COUNTY PURCHASING DEPARTMENT 901 E. MOKWNEY DENTON, TEXAS 76201 81 7-5851M FAX; 817.666.667E September 21, 1994 AEep^~t ;,p ~CS-S d~ Tom Shaw, C.P.M. Purchasing Agent S' City of Denton 3u 9018 Texas Denton, TX 76201 Dear Tom: Once again, my appreciation goes out to you and your staff for the professional manner in w;,tch the Surplus Auction was held on September 8, 1994. Denton County is fortunate to have the assistance in which your staff lends in such a massive endeavor. This year's proceeds exceeded our expectations which makes the accomplishment even more enjoyable. It is evident that your commitment to insuring that the cooperative nature of the project for all government entities involved contributes to the success. Please let me know what Denton County can do to contribute to future cooperative endeavors with the City of Dtaton. Sincerely, Wh Fleming, C.P,M. Director of Purchasing i cc: Commissioners Court Lloyd Harrell, City Manager ✓ r J n t, t r ~ST'V `,Ilt t ~Vl:a • w _ py TRINITY INDURTRIL~r IND. 77 C, 1 V E D SEP 2 1 1994 MUNICIPAL SERVICES ECONOMIC DEVELOPMENT To: lsetty McKean ~~r,- luril~ Front Wayne Huggins ~6 ca u Re: Curb Painting Hickory A Exposition Me. McKean, Just a note to let you know how much Trinity Industries appreciates your help in solving our transportation problem. Thanks to you we are now able to get our trucks out of town with very little problem. If there is anything we at Trinity Industries can help you with please let us know. Thank You Way%* Huggil Safety Director Trinity Ind. Inc. 123 e . i Ir1i (ST'n j ' ~ ~ t. ~\T,v.f£ t t s e ~'1;~ff(!CA~O. - a46 • o • as s @fVfD SFP 2 8 I ~I ~/c4tti 71- • • 5 A Spc~q~i Code Enforcement Association of Texas C EAT o p J} _ _ October 5; 1994 Ron Was ,w.... . 4" City of Denton 00" 21S E. McKinney,,*,0 Denton, Texa#1f6Zff Dear Ronu~r "Iv ion" I want you for presetting the ex~llent infom ation on "Homo t to me f>it Of the Rcgion Two Code EdAo % aj"lation, gout o tlon was ucational, well ~ecelved a..d timely for massy of iisj in pren of new tdi~p ces. Again, thahk you,,•so'verkmuch, t Josep , rro CEAT ~gkTwo Chairperson tar 7 4 n r~` w . I .I J 4 1 -.w-w.r..~--.~..".w..y.r... t ' Y w .y r rrw~«1aGYri"v w r.r• ' ~ , • a ' e Q d DRNa'ON SOC'C:ER ASSOCIA=C)N 1001 N. Elm Street Denton, Texas 76201 i I October 7, 1994 The Editor Denton Record-Chronicle 314 E. Hickory Street Denton, Texas 76201 To The Editors In behalf of the Executive Council of The Denton Socrer Association, I should like to publicly thank and command Officer Fletcher of the City of Denton Police Bicycle Patrol for his services. Officer Fletcher's patrol area includes Dania Park, the temporary location of this season's games of our younger age soccer leagues. In season, each Saturday, hundreds of our younger players ranging from four to twelve years of age, their families, friends, volunteer coaches and referees make intense use of the overburdened fields at Dania. The friendly and cooperative presence of Officer Fletcher is an invaluable asset to our city co-sponsored program insuring good order in the Park. We had occasion to be exceptionally i j appreciative of his services, however on Saturday, October I 1~ 1. His competent and rapid response upon the injury of ones I of the children impressed all of thous present and earned our deep gratitude. Thank you, Officer Fletcher. incerely yours, Jane G. Malonei President Denton Soccer Association • cci Denton Police Department e • Denton Parks and Recreation Department • DENTON INDEPENDENT SCHOOL D;STRICT Dr. AI6wt D. ThotnAs, Superintendent 1307 N. Locust P.O. Box 2387 Denton, TX 76201 {817) 387.6151 I OCT : 1994 October 7, 1994 Mr. Lloyd Harrell 4?~ry) ~Lf City Manager ~a City of Denton 215 H. McKinnev Denton, TX 76201 Dear Lloyd. Thank you for allowing a one week postponement in the street closing for Calhoun Middle School's annual Cougar Day, With the forecast of rain for today, the postponement will allow a better opportunity for the students to enjoy their activities next Friday, October 14. We have advised the Calhoun principal and PTA president to include a contingency day to next year's request to allow ample planning by the Council and City staff. Please !xprm our appreciation, also, to Retry Williams for her cheerful and efficient response to our request. Again, thank you for your cooperation in approving this exception to our Initial request Sincerely, Albert'rhomas • ' • O d♦,R ~ • 1!1 tit f,.j^ f' ~~~rt r • w • w4l~tldd a "'Y~^ ~ 4 DENT q,TE.XAS rIJ,".ll~ill 44 ._.....October 9.t_ 1994 2z~3-c1 Jennifer Walters City Secretary of the City of Denton, Texas Dear Tenniferi We wish to thank you fox the outstanding assistance you have given our Denton Business & Professional Wcr!en's Club in preparing for National Business Women's Week, October 17 through 22. The proclamat on from Mayor Sob Castleberry will add so much to our celebration. Since Mayor Castleberry will be unable to attend our banquet at the Rodisson hotel on October 18th, we are delighted that Assistant City Manager, Joseph Portugal will give the welcoming address to the Denton and Gainesville B & P W Clubs and other guests. Jennifer, we are so proud to have you as our Denton City Secretary. You have shown the club the many ways that friendship can be shared, We will miss you at our National Pus.Lness & Professional Women's Week banquet, Tuesday night. We appreciate and admire you for all you do for the citizens of Denton. Sincerely, Hck Denton Business & Professional Women's Club 1309 Panhandle i Denton, Texas 76201 f • ra s TEXAS WOMAN'S UNIVERSITY III.A [OC; UAL I;I S; HOLS IF oN Sl. ~ Il:xll. f 11~ I u{it,~HV:~~'u IN ORMAru0\sI DIFS I)cntr m, LA' 7N?0.1-i Plp; !rU I'h nrt.- ~I hfi9N'hft2 k1k xI, vuq.2h11 ;J October 13, 1994 c)(6` Ms. Mary Cresson Emily Fowler Public Library 502 Oakland Denton, Texas 76201 Dear Ms. Cresson, Your presentation last night fol. the students in my "Literacy Programs in Public Libraries" class was even more informative and valuable than those from your prior two years although I don't know how that is possible, since they seemed so perfect and comprehensive. Each year you make more spectacular achievements in literacy and bring additional materials to look at, which, of course, is a real treat for us to learn about! I especially found it helpful to co and new adult learners, to see the unusualrmaterialseforfnewtadult learners (including the product label kit) and to read the final evaluative reports from your LSCA grants, Thr, anecdoctal stories you shared about your students and tutors brought home the fact that we're talking about REAL people with special needs who CAN and DO learn, and made the articles which the class had read and the topics we had previously discussed more meaningful and concrete. T here is no doubt that you thoroughly enjoy working in the area of literacy enthusiasm,td dedthat you are an ication and expertise accomplished e ob grant writer. Emily Fowler Public Library is defi,litely fortunate to claim you as an employee! I wish you continued success and remarkable achievements. • Thank you so much for spending the whole evening with us and for your willingness to share your expertise. We deeply appreciate your cooperation and your thorough answers to our many questions. You were a true highlight of the course. sincerely, • ow- Frances wd,- Thd ~ • • Associate Professor cc: Eva Poole a conlprrlrrnvrt'r hd,?a Unirerv iv PrrmirrrIv (or VVnrre•rt Ari fgnrtf Orgw vfmrrfu;Al(rrmn Ntr Arhuit linrplnyrr • a • sywl~4) ~~C /99y 0,7 Y~~.[~~r7~ -el ~ ~ Q A t.~~~GµvKC/i ~ to Cu GZ G t~ ~L %5~tj~ ~1.JZc.GC I7.tc.,r~t.c~.cu.a• ~i.Z.u~.u..c ' ~ ~ / J Z-O ~ 4` 2cclW • o • era e v f/ ~ e 7. A~-V, CC.I.Oyt'V14. (~,•~"r/~ ~u, ~Urc~ ~ .LS .a~; `u ?Buz tee &-44;7v ~e J~ /'LC..✓ ~?I.s'~f~Lff~ r .C.O Q~2~-G`L2%1~i , U I ~ a m r /v -.2 S 9 5r ! 1 itu<, 4L tdrL /VdA. ~yJt wrcR t ' ooo wig 9 • s~ r f art."" a4 I d lit av-W • • r • Denton 111ph School 6101 E. MCKINNFY RYAN CAMPUS DENTON,TEXAS76201 LEADERSHIP CLASS f617~ 666.7926 and VANDA FISHER STUDENT COUNCIL PROFESSIONAL EDUCATOR AND ADVISOR November 9 1994 U c I Q rlvf.,; Dear Ms. Anderson, The Student Council at Denton High School- Ryan Campus would like to express our gratitude to you for your involvement in our Homecoming Dance at the Civic Center. Thank you for helping to arrange the complimentary use of your facilities. They were more than adequate and greatly helped our efforts in putting on a successful evening. We also appreciate your help in the set-up of the dance and your cooperation in allowing us to stay overtime to clean up thr mess. We look forward to working with you on future activities involving our Student Council and school. Sincerely, Dentou High School- Ryan Campus Student Council • (I, 3-~t'<GU"~L~.a.-!.i7 ~..ycr-v~ ~iYY~C ~t.cC•~ tr l : 4 a .(M« ~ rt 11 .g.l • w • s JCPenney ~~34 11-11-94 Lloyd Harrel Q City Manager -I 215 E. McKinney St. Denton, Tx 76201 Dear Mr. Harrel: I am writing to commend one of your employees in the water depart- ment. After having reviewed our water bills, we determined that we had a water leak somewhere. Our maintenance supervisor was unable to determine where the leak(s) were, I called the water depart- ment to see if we could get some help. A man by the name of Ronald Choice came out and toured the store with our maintenance supervisor, He pointed out several leaks and also gave us some ways to save water. We appreciate his help and the kind and professional manner in which he presented himself. Please convey our appreciation to Ronald, Thank You For Your Consideration. Shirley Mack Sr. Functional Manager JCPenney 2201 135E. South Denton, Tx 76201 • , _ ............rte.,..., ! , , • • < t;' t,~~i~7 ~ 1i r~, ~h ~ 1~~'~~~lld~'{~ ~~'/v K~1 ~Q. • e ~ ,;u. ~1~5-D of Police Department "t-`~#_,_ -.S,L-. Bulloin6 r Box 212 B1101 Muff KRUMTX Conrad Shlttletl, Chb1 on, Wad Fri 76 2 4 ! O r Phone (817)482.3491 November 10, 1994 Superintendent of Water Utilities City of Denton 218 E McKinney Denton, Texas 78201 Dear Sir. Today I had a 10 'r main became clogged with debris. This main serves as a transmission line for 88 % of my wastewater. After several attempts with my equipment, I was unable to unclog this line. I contacted a commerical last vendor for help but they were unable to respond. a or assistance. hope, I contacted your emergency dispatch They were polite and the response was fantastic. Within 8" minuter I received a return call from dispatch, advising me that they had cleared the request through their supervisor and that a crew would be in route. They arrived very promptly and began working on the clog~ed main. Even though the line was clogged with pieces o brick from an upstream manhole, they were able to clear the line and put me Wick into operation. I am most grateful to you and our stag for the assistance and I want to commend 1Vl'kike Jackson, Ronald, and Mike Stack for their very p f ok with theme Thanks again for the wasapeasuure to w help, • Sincerely, Conrad S ett Utility Director e e 0 • No;,ember 29, 1004 The Editor Denton Record-Chronicle ~l 314 East Hickory Street - Denton TX 76201 ---2= aq Dear Siri J ~G We believe in giving credit ~ehere credit is due, so a big THANK TOU to Officers Wilcox and Hill of the Animal Control unit who arrived at our home within te.n minutes after our phone call. Ile made that call because two stray dogs were in our side yard and our two dogs were barking and growling through the fence at the intruders to their yard! We called the strays to the front. of our house and attempted to read- the phone numbers on their collars--one of those numbers being the Animal Control. We had hoped to be able to contact the owner of the dogs so they could be returned to them, but since this wasn't possible, Officers Wilcox and Hill took the doqs in their vehicle. Those two men couldn't have been nicer or more gentle if they were handling two small animals but these doge--a Basset Hound and a Mastiff were big and heavy--but very gentle. Our previous experience with Animal Control officers had not been as reassuring, but Officers Wilcox and Hill surely changed our opinions and we want them to know how much we appreciate thslr handling of this incident, and their friendly attitude toward us ind the two dogs. `Vera M. nopp 10~ Rldgecrest Circle Denton TX 76205-5401 • 817)566-0959 +Copy to An mat Cont)Lot Centu ~ I, • as • 700 M'2'MrJ6A OB2'Ya p6'NT'O4V, rY 7SSol-o-9?-9 N4CWM'67 -927/987-47BB 4!V'IC6t B17/dR5-9Z6* December 1, 1994 Mr, John Cook hf' Fire Chief Denton Fire Department 217 West McKinney 2 3y Denton, Texas 76201 Dear Chief Cook: Thank you very m ch for the pre-Thanksgiving tour of the Central. Fire Stat.on and Fire Department administrative offices. I really appreciated your taking the time to do a thorough "show and tell." As we looked at various aspects of the building itself, I kept being reminded of the astronaut who asked "would L4H want to be going to the moon in a cihip built by the lowest bidder?" I had occasion earlier this week to find out how efficient the firefighters at Station No. b are. I'm having a new roof put on my house, and in removing the old one, the roofers managed not only to knock loose the vent pipe for the water heater but to drop an old shingle down the opening. I came in from class Tuesday night to the sound of a smoke alarm and the smell of something burning. When I could not quickly idsntify the source of the problem, I called Station No. 5 to ask for hints on where to look. However, the firefighters were smart enough tr, say that they had better come take a look. The firefighters took care of the charred wood, replaced the vent pipe, checked out the attic, and, in general, were very thorough and very courteous. They t-ld me that I was only a few minutes away from an open fire, .Again, thank you for the tour. Please say thank you to the other individuals at Station No. 1 who provided information t.hat day. • Sincerely, Chart dean Newell Chair, Civil Service Commission g information copies: Mr. Thomas W. Klinck, Director of Human , • Resources/C.ivil Service Mr. Lloyd Harrell, City Manager Fire Stat:,or No. 6 YVi~✓l~d~ ~.1 t... • w • c0,P V CMARLOLAM /VlMfLL 70H MCPJbarA ORIYS' • OS'M7WM, TX 76101-0050 MOMS': ai. f 7/,gal 7--/ 768 OArrIC6: 82 7/6BB- 9,7B/ December 1, 1999 Mr. Michael W. Jez l :se I Chief of Police Denton Police Department 5F;1 601 E. Hickory St„ Suite F. _ Denton, Texas 76205 33d~ 34 Dear Chief Jez: Thank you very much for arranging the post-Thanksgiving tour of the new headquarter:; of the Department of Police. The timing proved to be perfect since, as we anticipated, "business" was slow, and the officers on duty provided a really thoruu;h tour from drunk holding tank to bicycle repair to state-o£-the-art communication center. I had occasion a few weeks ago to try out that communication center when I called to report a "suspicious" car occupied by a seemingly unmoving person in North Lakes Park. I warned the dispatcher at the beginni- that I could be calling about an;thing from someone passed out from coo much alcohol on whom rats buddies had played a bad joke (the car was painted with some fairly crude slogans about pimps) to something more serious. The dispatchers were very thorough In their questions and courteous th^oughout our conversation. Again, thank you fur the 'our. Please say thank you to the ell the staff on duty tat day, particularly the communications officer, She was very knowledgeab..e and helpful. Sincerely, ~ j Charld~-an Newell • Chair, Civil Service Commission information copies: Mr. Thomas W. Klinck, Director of Human Resources/Civil Service Mr. Lloyd Harrell, City Manager • 4a WJA architems • rn&ftTs 3 ti 3~J 405 MucheU St. PA. Box 3386 Ofte 109 779.2398 Bryan, Texas 77805.3386 Fax 409 779.3823 December 16, 1994 Jerry Clark, A.E. Director of Engineering and Tramportation City of Denton 215 E. McKinney Denton, Texas lo201 Re; Draiaage Design Mm" Return Dear Mr. Cork, Enclosed is the Damage Design Criteria Manuel WSA Wrmwed from the Engineering DWt=W in the City of Denton, t want to thank you and your gaff for all of your help ooncerning the Country pact WouW you also yaw on specdal thanks to Mr. David Salmon for an the hdp he has provided us concerning the &simp borm%l the manual, dtwliott Couauy Atr} Apanments, Thanks agAln fa kiting us Sinaenly, AZI W. Paul Kasper • Engineering WSA 5 s I 1 .Jf 1 1 I r i IENID r i i i . 6 i i 1. I y i ® i: r~ p FIL r 0