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HomeMy WebLinkAbout02-07-1995 r 1 CITY COUNCIL AGENDA PACKET 2-7-95 i a i 1 1 • ~ o r F AGENDA CITY OF DENTON CITY COUNCIL FEBRUARY 7, 1995 I 0 ` Closed Meeting of the City of Denton City Cour, it on Tuesday, February 7, 1995 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 5:15 p.m. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551,071 1. Consult with attorney in the case of City of Denton y. Juren and Alexander. 2. Consider settlement demand in the claim of Kim Smith. 7. Consider settlement demand in the claim of David Rose. B. Real Estate Under TEX, GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec, 551,074 Work Session of the City of Denton City Council on Tuesday, February 7, 1995 at 6:00 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the council for citizen input, City council deliberation and formal City action. At a work session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or. City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so r citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any ci izen may supply to the City council, prior to the beginning of the sessi.)n, 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 r • P Q% City of Denton City Council Agenda AQAAdflNO_,._L.L~.~/5.1+1 February 7, 1995 Page 2 AgBf1d8ltBm - 2d~ G prior to the regular meeting at which citizen input is sought. The p.rpose 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. 6:00 p.m. 1. Hold a discussion and give staff direction regarding the city of Denton's Consolidated Plan and Community Development Priorities. 2. Receive a report and hold a discussion regarding the results of the 1995-96 Budget Priority Questionnaire. Regular Meeting of the City of Denton City Council on Tuesday, February 7, 1995 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will he considered: 7;00 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of the Council meeting of December. 6, 7, 13, and 20, 1994. 3. Public Hearings A. Hold a public hearing and consider an amendment to the Detailed Plan of a portion (Lots 1R, 3, 4 and 8) of Planned Development No. 119 for Northwood Gardens Professional Office Park. The .494 acre (total) tracts are located near the northeast corner of Old North Road and Highway 380. (The Planning and Zoning commission recommends approval 4-0.) B. Hold a public hearing and consider an ordinance rezoning 4.91 acres from a single-family (SF-SO) zoning district to a planned development district and adopting a detailed • plan. The site is located on the north side of Teasley Lane, across from Sam Houston School, approximately 135 i feet east of Indian Ridge Road. (The Planning and Zoning Commission recommends approval 7-0.) { Consent Agenda • Each of these items is recommended by the Staff and approval • • thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. 0 0 • • City of Denton City Council Agenda AWANo February 7, 1995 4gendalte"m11,_ Page 3 I,atB. q 6V~ Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinancga (Agenda items 5.A, S.B, 5.C, S.D, 5.5, 5.F, 5.G, 6.A, 6.B). 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 orders: 1. Bid 01693 - Fleet Vehicles Addendum #2 2. RFSP #1721 - Microcomputers 3. Bid #1695 - Sale of Well Site #8 4. P.O. 052628 - Weff Industries B. Contracts 1. Midcon - Spot Market Natural Gas 2. Energy Transfer Corporation - spot Market Natural Gas 3. Cornerstone - Spot Market Natural Gas 4. City of Corinth - Ambulance Services 5. City of Lake Dallas - Ambulance Services C. Tax Refund 1. George L. Rodgers/Safeco Land Title of Denton County - $536.19 5. Consent Agenda Ordinances A. Consider adoption of an ordinance amending ordinance No. 95-001 relating to the award of Bid Number 1693 for the purchase of fleet vehicles to provide for the purchase of two additional pick-up trucks Bid Item #1. (4.A.1. - Bid #1693) • B. Consider adoption of an ordinance accepting competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.2. - RFSP #1721) C. Consider adoption of an ordinance approving a contract providing for the sale of certain real estate owned by 8 the city of Denton. (4.A.3. - Bid #1695) • • D. Consider adoption of an ordinance authorizing the participation in the cooperative purchasing program of the Texas Purchasing General Services Commission and awarding a contract for the purchase of materials, equipment, supplies or services. (4.A.4. - P.O. #52628) • O • City of Denton City Council Agenda February 7, 1995 Page 4 Venda NO 4ge n da f tent,,,- E. Consider adoption of an ordinance g "%~p fin pprovin n n interruptable natural as sales and urchase a between the City of Denton and Midc n Gas ServiceseCorp. for the purchase of spot market natural gas. (4.B.I.) (The Public Utilities Board recommends approval.) F. Consider adoption of an ordinance approving an interruptable natural gas sales and purchase agreement between the City of Denton and Energy Trrinsfer Corporation for the purchase of spot market natural gas. (4.B.2.) (The Public Utilities Board recommends approval.) G. consider adoption of an ordinance approving an interruptable natural gas sales and purchase agreement between the City of Denton and Cornerstone Gas Resources, Inc. for the purchase of spot market natural gas. (4.8.3.) (The Public Utilities Board recommends approval.) 6. Consent Agenda Resolutions A. lonsider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Corinth for ambulance services. (4.8.4.) B. Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Lake Dallas for ambulance services. (4.8.5,) 7. Ordinances A. Consider adoption of an ordinance annexing and zoning a 1.1 acre tract located on and being the east part of the right-of-way of Corbin Road. (First Reading, A-68) (The Planning and Zoning commission recommends denial 6-0.) B. Consider adoption of an ordinance annexing and zoning a 199.5 acre tract located east of Mayhill Road and north • of Edwards Road. (First Reading, A-64). (The Planning ar zoning commission recommends approval 5-0.) C. Consider adoption of an ordinance approving an agreement between the city of Denton and Texas Woman's University to provide funding to TWU CARES, a primary health care clinic. D. Consider adoption of an ordinance authorizing the Mayor • • to execute Amendment No, 1 to the agreement between the City of Denton and United Way of Denton County, Inc. dated December 7, 1993 and Amendment No. 1 to the agreement between the City of Denton and United Way of Denton County, Inc. dated November 15, 1994, to allow additional time for the expenditure of funds. • Q j • • City of Denton City Council Agenda AentlaNo-CA0 February 7, 1995 Page 5 Agendalteml__.___.___.. ,~~J E. Consider adoption of an ordinance amending the charges for use of the landfill; and authorizing the Superintendent of the Solid Waste Department to deny the use of the landfill to customers providing false information. (The Public Utilities Board recommends approval.) F. Consider adoption of an ordinance amending the schedule of electric rates by adopting an amended schedule TGS (General Service Time of Use Rate). (The Public Utilities Board recommends approval.) G. Consider adoption of an ordinance authorizing the Mayor to execute an Amendment Number 4 to the agreement between the City of Denton and Freese and Nichols, Inc. for engineering services relating to airport improvements. (The Airport Advisory Board recommends approval.) H. consider adoption of an ordinance providing for adoption of the Affordable Housing Program; and authorizing the City Manager to utilize 901 Windsor and 907 Windsor to provide a portion of the match required by the Federal Grant Program. 8. Resolutions A. Consider approval of a resolution approving the assignment by Bruce Brown of the "Tract B" lease of airport property to Ralph Slater, said property consisting of 20,865.24 square feet. (The Airport Advisory Board recommends approval.) B. Consider approval of a resolution approving the application of the Housing Finance Corporations Act to property within the City; authorizing and approving other matters relating to bonds to be issued by the Denton County Housing Finance Corporation, and repealing prior resolutions or orders in conflict herewith. • C. Consider approval of a resolution authorizing the Mayor to execute an amended lease agreement for the golf driving range between the City of Denton and Walter Nusbaum. (The Parks and Recreation Board recommends approval.) • D. Consider approval of a resolution authorizing the Mayor • • i to execute an agreement between the City of Denton and the Upper Trinity Regional Water District for the repair and maintenance of Upper Trinity Regional Water District facilities. (The Public Utilities Board recommends approval.) 9. Consider a nomination to the Keep Denton Beautiful Board. • • • • City of Denton City Council Agenda Agenda y 05 Feb wary 7, 1995 Page 6 AgOnda~terr,~--. Date 10. Consider nominations and/or appointments to the Juvenile Crime Interagency Coalition. 11. Vision Update 12. Miscellaneous matters from the City Manager. 13, Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 14. New Business This item provides a section for Council Members to suggest items for future agendas, 15. Closed Meeting: A. Legal Matters Under TEX, GOVT CODE Sec. 551,071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the _day of 1995 at o'clock (a.m.) (P.m.) - CITY SECRETARY • NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TOD) BY CALLING 1-800-RELAY-TX SO ® THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH • THE CITY SECRETARY'S OFFICE. I ACCO0149 J 1 • w 4gp;!AtNa..` CITY COUNCIL REPORT FOR_MA7' a flif~n t!.. 0#0 6x 07 /0~ 4 DATE: o2-o7.95 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Discussion of the City of Denton's Consolidated Plan and Community Development Priorities RFCOMMENDATI ON: N/A BACKGROUND: The final rule for the newly-required Consolidated Plan was recently published. 'rho consolidated Plan is a five- year plan [hat consolidates the planning, application, and reporting requirements for all Housing and Urban Development programs, such as COBG (Community Development Block Grant), HOME Investment Partnerships, HOPWA (Housing Opportunities for Person with AIDS), and FSG (Fraergency Sheller Grant). 'The city, of Denton currently is an entitlement for the CDBG and HOMF, programs. The Community Development Staff has begun developing the Consolidated Plan. 'rhe following is a list of the information, training and equipment that will be used to complete the plan. • Self-Suffuoiency Plan (Empowerment Zone/Enterprise Community Application) • Human Services Needs Assessment • Small Business Survey 0 Homeless Focus Group • 1994 Homeless Count • Purchase of computer and software • HUD'rraining on plan and software • Public Hearing Comments SUMMARY: The p, rpose of the Consolidated Plan is to allow the city and its partners to create a unified vision for community development r-,t ions. The rive-year Consolidated Plan takes a comprehensive look at each of the following areas: • 1lousing needs and needs for related assistance (including homeless needs) a Community Development needs • Housing market and barriers to affordable housing 0 Community resources • Long-term housing and Community Development strategies j • One-year action plan {d Staff., goal for the submission of [he Consolidated Plan to I IUD is mid-June. 'rho following is a timeline that reflects the process for the submission of the plan: ® December 8 & 12, 1994 Public Hearings r January 5.20, 1995 Preparation of Funding Applications January 21.31, 1995 CDAC Applicatlon Review February 1995 CDAC Funding Hearings. HSC Application Review February 7, 1995 City Council Priority Questionnaire March 1995 HSC Funding Hearings p 0 • as C L . U~ agenda No February, 7, 1995 Page - 2 Age Rdaltem utte y April 1995 Publish Consolidated Plan for public comment period April 18, 1995 Council discussion & action in recommendations and plan. Public hearing June 15, 1995 Submission of Consolidated Plan to HUD As part of the effort to obtain input on priority needs for the plan, the Community Development staff is requesting that city council complete the attached questionnaire. The results of the questionnaire will be provided to the Community Development Advisory Committee and the Human Services Committee for consideration during the funding hearings in February and March. To complete the questionnaire, indicate which activities are the highest priority for Community Development by circling the number in each row that most accurately reflects your response, Staff request that all questionnaires he completed and returned to Jennifer Walters by February 17. PROGRA(y DEPARTMENT OR GROUPS AFFEC"I'ID: Community Development Staff Social Services Agencies Neighborhood Groups Program/Project Beneficiaries Other City Departments involved in various projects/programs FISCAL IMPACT': The preparation of the City of Denton's Consolidated Plan will be financed using CDBG funds. Approximately $1,868,738 in Federal funding may be available to the City of housing, human services and community development projects, These funds will be made available through the Community Development Block Grant and HOME programs. submitted: Respectf ly ~p d Lloyd V, Harrell City Manager Prepared by: e (44 ~tl 1 i'.~ a 1<C~ Luisa Rodriguez-Uarcia Community Development Administrative Asst. Approved; IZZ41, e,~ Prank Robbins, lCP Executive Director for Pla Wing & Department !Myn in6 d'urykX,,,C gd 91.ap • 0 COMMUNITY DEVELOPMENT Agenda No _C CITY COUNCIL FUNDING PRIORITIES QUESTIONIAIIpan Page 1 or 2 Date-'~ 3~~- II Rating Value 1 Activity Not a Priority 1 Activity Is a Low Priority 2 Activity Is a Priority 3 Activity Is a High Priority 4 This Activity Is the_Hlghast_Priority 5 Please Indicate your preference for the City's effort In the upcoming 1995 Community Development Program budget year by circling the number in each row that most accurately reflects your rosponse (Use Rating Table Above). ELIGIBLE ACTIVITIES " Values 1. Affordable Housing Construction 1 2 3 4 5 2. Code Enforcement 1 2 3 4 5 3. Commercial or Industrial Rehabilitation 1 2 3 4 5 4. Demolition and Clearance 1 2 3 4 5 5. Historic Preservation 1 2 3 4 5 6. Home Ownership Assistance 1 2 3 4 5 7. Homeless i )s 1 2 3 4 5 8. Housing Rehabilitation 1 2 3 4 5 9. Human Services 1 2 3 4 5 a. AIDS 1 2 3 4 5 b. Aicohol and Substance Abuse 1 2 3 4 5 c, At . Risk Youth 1 2 3 4 5 d. Child Care 1 2 3 4 5 • e. Domestic Violence Prevention 1 2 3 4 5 f. Education 1 2 3 4 5 p. Elderly 1 2 3 4 5 h. Employment! Vocatlonal Training 1 2 3 4 5 ® i. Health Care 1 2 3 4 5 • 0 j. Homeless 1 2 3 5 K Legal Service 1 2 3 4 5 1. Library Services 1 2 3 4 5 m. Literacy 1 2 3 4 5 O 0 • 6► • COMMUNITY DEVELOPMENT -Venda N( G~ CITY COUNCIL FUNDING PRIORITIES QUESTIONNAIREAgendp,tnr, page 2 of 2 _a- ELIGIBLE ACTIVITIES " Values yda 8. Human Services (continued) n. Mental Health 1 2 3 4 5 o. Parenting Skills 1 2 3 4 5 p. Physically Disabled 1 2 3 4 5 q. Recreation 1 2 3 4 5 r. Substance Abuse Prevention 1 2 3 4 5 s. Transitional Housing 1 2 3 4 5 10. Public Work and Facilities 1 2 3 4 6 1 a. Water Facilities 1 2 3 4 5 b, Sewer Facilities 1 2 3 4 5 c. Drainage Improvements 1 2 3 4 5 d. Streets / Curbs / Gutters 1 2 3 4 6 e. Parks and Playgrounds 1 2 3 4 5 f. Public Agency Facility improvements 1 2 3 4 6 11. Rehabilitation of Low Income Rental Units 1 2 3 4 6 12, Removal of Architectural Barriers 1 2 3 4 6 13. Special Economic Development 1 2 3 4 6 14. Support for Communky Housing 1 2 3 4 5 Development Corporations 15. Tenant -Based Rental Assistance 1 2 3 4 6 16. Transportation 1 2 3 4 5 'Note: Activities such as acquisition, relocation and disposition may be included as part of a project under one of the activity categories listed above. Administration has a 20% cap and is • carried out within that limllation. COMMENTS: 0123AWASAM PL bFUN DO UE&WK4 - 0 XITY COUNCII PP 4; 1 or n, A. ~ % 0 O O ~ A U~ O O a AgvdaNo f1 CITY of DENTON, TEXAS MUNICINAL 6U1LD1NG 215 E. McK1NNEY• DEN TON, TEXAS 76201 (817) 566.8200 a DFW METRO 434.2529 MEMORANDUM . DATE: February 3, 1996 T0; The Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer SUBJECT: RESULTS OF THE 1996-96 BUDGET PRIORITIES QUESTIONNAIRE Please find attached the results of the 1995.96 budget priorities questionnaire. Responses from each questionnaire have been tabulated and ranked by average score and by priority of response. You will also find atterhad a summary of your responses regarding the specific policy Issues. Please let me know if you need additional Information. JF,af AOachment AFFOCCBB • "Dedicated to Quality Service" k • {,v'1 RFSUI:ISOIf'11113C11-Y000NCII• AQ91Itl8No 1995-96 BUDG137' PRIOR111IRS QUESTTONNAIRI3 Q ? Qendal lam - _ 1, .4 (ate ( MoortxaM e l 171L1lfAtl GUlINM[W"M eUWrAXl L%UT RKWCw L[ lX9"T p.mjrr o"uca QIlllgfr MMUT LT)MTW M CURRE fT f7MIT f RI[:t: Qlll®ff N'FOIT 7 eU sT InwLT OMtRAfN L[IIIw 17POtT tMfMTR MNN morr RANXED BYAVERAGE SCORE EMERGENCY MEDICAL {AMBULANCE) 37 5.29 8,17 STREET MAINTENANCE/REPAIR 37 5.29 5.43 FIRE PREVENTION 37 -----6,29._.._.__ 6.43 STREET CON STRUCTION/AEBUILDING 38 6,14 --628- CIVIC CENTER MAINTENANCE 38 6.14 b.00 FIRE SUPPRESSION 36 FIRE - - - - 6.14 4,57 AIRPORT DEVELOPMENT 35 5.00 5,29 TELECOMMUNICATIONS SYSTEM 35 6.00 6001 COMMUNITY ORIENTED POLICING (COPS) 34 4.86 6.43 } i JUVENILE JUSTICE SYSTEM 34 4.86 _ 5.43 J GREENBELT SYSTEM PLANNING/DEVELOPMENT 33 4,71 6.29 LANDFILL 33 4.71 6,14 DRUG ABUSE/ENFORCEMENTPROGRAMS 33 4.71 6.00 DOWNTOWN REDEVELOP kleNT (MAIN ST., ETC.) 33 4.71 4.86 LONG RANGE COMPREH':NSIVE PLANNING 33 4.71 4,71 STREET SWEEPING 33 4.71 4.14 DEMOLITION OF SUBSTANDARD BLDG - - _ 28 4.67 529 l HIGH WEEDS/DEBRIS VIOLATION ENFORCEMENT 28 4.67 6.14 CRIME INVESTIGATION 32 4.57 5,33 POLICE PATROL 32 4.57 6.33 ECON DEV UTILITY INCENTIVE LINES 32 4,57 5.00 NEIGHBORHOOD SERVICES (NICE, ETC.) 32 4.57 4,86 INFO/DATA PROCESSING' SERVICES 32 4.57 4.86 STORM DRAINAGE IMPROVEMENTS 32 4.57 4.57 • INTERNAL AUDIT SERVICES 32 467 443 nUILDING INSPECTION - - - T' 27 4`60 ----4.33 MU "fCIPAL COURT - 31 4.43 5.14 LOW & MODERATE INCOME HOUSING 31 4.43 4.71 ECON DEV INCENTIVES (TAX ABATE, ECT.) 31 4.43 4.67 LIBRARYIOUTH/CHILDREN'S PROGRAMS 31 4.43 I • LIBRARY PROGRAMS (IN GENERAL) -gp 4,29 b 4 A LEGAL OtERVICES 30 4.29 4,88 BICV; LEMJKING TRAIL DEVELOPMENT 30 4.29 4,87 YJUTH RECREATION PROGRAMS 30 4.29 4.67 j 'NORKFORCE DIVERSITY 30 4,29 4.67 • ca • Rf?SUL IS OF 7118 C11 Y COUNCIL, 1995-96 IIUDGE11' PRIOR111IS QUI S110I "No R1fYDU7RAVJW PPMRI SUWAN AILT RKMCS anaiafr RMKT = a"L"' LUtalaff MOST ST RT CX)h*"HUR LvRasm Nw?oxy 4 twar."N Cupjt TEmItT y SUWTAlfnMLY DaYNA1R NR RWr RIHHIT INI11A7N NRa' NrROaY y RANXED BYAVERAGE SCORE ` 4 caa►Aar~ ECON DEV UTILITY INCENTIVE RATES 10 4.29 4.60 RISK MANAGEMENT 30 420 443 CITY BEAUTIFICATION 30 428 4,29 TRAFFIC SIGNALIZATION/ENGINEERING 30 4.29 4,00 UTTER PROGRAMS 30 4.29 3.88 SIGN VIOLATION ENFORCEMENT _ - - _ - 26 - 4,17 ° 429 RECREATION CENTER PROGRAMS - - - - -29 04 - -4.83 PARKING/TRAFFIC ENFORCEMENT 28 4,14 4.71 PUBLIC TRANSPORTATION (SPAN, ETC,) 29 4.14 4.57 SENIOR CITIZEN PROGRAMS 29 4.14 4.67 f PARK MAINTENANCE 29 414 443 NEW PARKS/PARK EXPANSION 29 4,14 433 ANIMAL CONTROL 29 4.14 4.33 DEVELOPMENT REVIEW PROCESS 29 4.14 _ 4.29 - ----~A- - - NVIRONMENTALHEALTH (INSPECTIONS. , ECT.) 28 4.04 q,83 ELECTRIC SERVICE 26 4,04 4.33 LIBRARY REFERENCE SERVICES 28 4,00 4.17 LIBRARY EXPANSION 28 400 3.71 EMERGENCY PREPAREDNESS (MANAGE..IENT) 28 4,00 3.67 WATER STORAGEMESERVES 28 4.04 $50 EMPLOYEE PAY PLAN ADJUSTMENTS/BENEFITS 4,00 3.33 11 25 WAS IEWATER TREATMENT PLANT 27 3,86 4,00 NEW ATHLETIC P90GRAMS 27 3.86 4,00 UBRARYAUDIOMSUALSERVCES 27 386 400 SOLID WASTE COLLECTION 27 3.88 3,86 [ RECYCLING EFFORTS 27 3.86 3.67 NEW ATHLETIC FIELDS 3.71 3,50 EMPLOYEt TMAlNIM9/DEVELOPMENT 25 3.57 4,14 PERSONNEL RECRUI.T,IENT _ - _ 25 3.57 CURRENT HOTEUMOTL'L TAX CONTRIBUTIONS 23 329 ® 3,67 • • i CONTRIBUTIONS TO HUMAN SERVICE AGENCIES 19 317----- --3-33-I OTHER. _ PLAY EACH DEAL SEPERATELY 4 400 400 0:412 i~}V3UD96UlUUp Rfi%pUFSIION. WK I ' • w Below aresPocalic to ons or ireelion given to sfa by/odrrndual "une membrn or dove e 1995-96 annual budget Comments included in brackets were inserted bystalffor clarilleAdo Purposes. Agee alIa ~la 1 c icourage Iho rebuilding of the west side of the square destroyed by last year's fire. Date--D' -.71 ;iighesi Priority - additional fmGghters/i{Ms. Outside experts to help plan placement of ire-stations and ensure adequacTOVeragr. for downtown, Assess and put in place a new Planning zoning ordinance. Fypand the City's involvement in the intemet/gopher systems. Coordinate Ihiswilh UNT andTWU. l would like to have the (Human Service] allocations continue but with some malignmenl of recipients. Add more Firefwghter/Fms personnel and increase efforts i> diversify the department No more park acquisitions. unless they arc 'pocket parks' for neighborhoods, until whet we have is developed and we have adequate funds for maintenance. Could we 'contract oul'sporadic activities, like keeping young trees aliwa9 A major issue is establishing how many Ilim stations] and where the location of the fire stations should be and how to Pond them, 11ncrease current Workforce Diversity of ris), particularty with Mack firefighters and female firefighters or emergency, personnel. Newcconomic development efforts - following Fantus recommendations. Revicwnumbcr and location of firestations - specifically how coverage is provided to downtown area, In a year of easier budgeting. I would like to see the number of people assigned to litter pickup increased Full speed ahead with fiber-optics system - service offered to businesses, schoc' i, a tc, Push forward on placing utilities undotgroundon University Drive, along withcompleibnofplantingson median from Malone Street east to North Om Street r icrease Fconomic Dove lopment efforts, taking into considere lion information from the fantusreport Redirect funding (Holel/Motel Tax Contributions) as pereouncd decision. Further streamline development process - perhaps having a'development coordinator", Work to have ncighborhcod associations covering entire city. Bring them into the CIPprxess. Develop neighborhood based service dclivery. Sired rebuilding and repairing still a major need, IJo wlop ((it re-cxawninc) Qic kwa range comprehensive plan for Fire and FMS, Plcase show us budgets witlw the non budget plans. Make die development and operation of the airport a priority. Updated computerized community calendar (including universities). • Continue participation in and support of the community's visioning program, Ucsclop a project plan Ibr the Iileclnc Ckneration. SVII existing facilities (Utility'rype Services) to private firm(s). Continued strong support for VISION. Work some Vision ideas into this years budget andCIP, S Improvements to make Civic Cenicrmore useful to the community, especially improved acoustics and a kitchen. • Press forward on mnovalions on Cityllall West and City Flag, .dukel MPA a Priority-FFpeciallyits long leim competitiveness. I Got City complercly on-line to any Internet user around the world. Bring computer operations into the 21st century, link (the City) up with Universities. DISD, and businesses. j • O ~ ,l • • S Below aro spec ae ns or reef g rem to Nalfby ndi u Counedmem nor the velopment the 1995 annual buds-- Comments included is brackets were lnserbd bystatffor olnrillos j AABn~J~~J Improve the entire development review process. Trulystreamline the proccas and make it user friendlyDa19 Investigate ailemate financing options to expand (Cable TV) scrvicc. S S Prewn t a budget with a tax decrease. - with 5700,OO0+ (remaining) from our last budget we can reduce the (ad valorem] tax ]-ate] ;-5 cents per hundred Ivalua lion] or more. Continue to support and expend the juvenile justice system. Budget for greenbelt for next 5 years. Improve access to airport area. Make a rport operation more professional, Expand Fiber Optics system. Develop acomprehersive Cip and the requisite funding. I am not in favor of rushing into a 1/2 cent ssks tax refunding for economic Development. Also, I would not like to see ekekd o&Ws give up the oversight of that mot,ey, If ever passed by the voters, to any group not responsMle to the electorate, Add mom 'We loome To Den ton' signs to city entryways, Red uoe our num her ore mployees by the same method as being done now (downglring} As employees retim or resign reorganim to cover these poslLions withouI mplaeing them. Expedite the permitting of the landfill expansion. Greater concenustion on downtown - in every possible way. { lhalamthelost l-5yrnumber ofcost andresults forCOPS? Create 'rever c'routes(SPAN)so passengendo not have to make round trips, Irene tune all city Services, • I 0 d s i RIlSUI:1'S ON 'I711; CITY COUNCIL o~loans 1995-% BUDGE'l' PRIOR171E.S QUES77ONNAIRE ( Eo Ell 9 IDLmIATECIREEIfr EfM KT SUMAN11NA,Y{Ea11Qf\Rl>9ff KVPo T 7 Kxvt" CIRE®fT EROIT CC*frtm RgfR)iWfTErmst NCEEAQI QR1RfrM40kT s s {UWTANnAUY 91CEEME CUEL9RE PPon NIF7A7p MM IONT RANKED BY PRIORITY OF RESPONSE MIAMI: r EMERGENCY MEDICAL AMBULANCE 37 629 8--17- JUVENILE JUSTICE SYSTEM 94 4,88 643 COMMUNITY ORIENTED POUCING (COPS) 34 4.86 643 LIBRARY PROGRAMS (IN GENERAL) 30 4.29 6,43 { STREET MAINTENANCE/REPAIR 37 5,29 6.43 FIRE PREVENTION 37 6129 _ 6.43 - POLICE PATROL - - 32-- 4.67 - 6.33 CRIME INVESTIGATION 32 4.57 6,33 STREET CONSTRUCTION/REBWLDING 38 - 6.14 6,29 AIRPORT DEVELOPMENT 36 6.00 5,29 l GREENBELT SYSTEM PLANNING/DEVELOPMENT 33 4.71- 6.29 DEMOLITION OF SUBSTANDARD BLDG 28 4.67 629 NDF + 33 4.71 6.14 HIGH WEEDS/DEBRIS VIOLATION ENFORCEMENT 28 4.67 6,14 MUNICIPALCOURT 31 4.43_ _6,14 I CIVIC CENTER MAINTENANCE 38 6,14 - 5.00 { TELECOMMUNICATIONS SYSTEM 36 6.00 b 00 DRUG ABUSE/ENFORCEMENT PROGRAMS 33 4.71 6.00 ECON DEV UTIUTYINCENTNE LINES - ` 32 4.67 6,00 NEIGHBORHOOD SERVICES NICE, ETC. ( ) 32 4.57 -4.88 DOWNTOWN REDEVELOPMENT (MAIN ST., ETC.) 33 4.71 4,86 INFO/DATA PROCESSING SERVICES 32 4,57 4.86 LEGAL SERVICES 30 4,29 _ 4.86 RECREATION CENTER PROGRAMS 29 4.14 - - 4.83 1 ENVIRONMENTAL HEALTH INSPECTIONS, ECT. 28 4.00_ J - - - - 4.83 PARKING/!'RAFFICENFORCEMENT 29 4,14 471 LOW 6 MODERATE INCOME HOUSING 31 4.43 4,71 LONG RANGE COMPREHENSIVE PLANNING 33 4.71 4.71 f ECON DEV INCENTIVES (TAX ABATE, ECT.) 31 4,43 4.67 6 BICYCLE/HIKING TRAIL DEVELOPMENT 30 4.29 4.67 J ' p p PUBLIC TRANSPORTATION (SPAN, ETC,) 29 4,14 4.57 SENIOR CITIZEN PROGRAMS 29 4,14 4.57 FIRE SUPPRESSION 36 5.14 4.67 YOUTH RECREATION PROGRAMS 30 4.29 4.57 STORM DRAINAGE IMPROVEMENTS 32 4.57 4,57 a'd m I,. n KI„SUL'!S OF'I1[E C[TY COUNCIL aglow" 1995-96 BUDGET' PRIOR!'I1ES OUES71ONNAIRE j RIJKtKA7R GVRAMff 0740*r a 1URPTAWM4UY RRWC7ICM&Wr Wv0eT 1 ,RRD1KS W RROff RPIORT = Ci*n MUR CURRR7fl' EFFORT 7 IMCRPM/1 CV RBJW M703T 'ili)A•rAM11A/J,Y DM:RRA{$ CURMff "PORT IMMAW MR7V IW W T 7 i RANKED BY PRIOR17Y OP RESPONSE t r: i WORKFORCE DIVERSITY ECON DEV UTILITY INC_ ENTNE RATE3 - 429 4'6~ PARK MAINTENANCE - - ` - -4.29-_-4- 68J 2g- 4,14 LIBRARY YOUTH/CHILDREN'S PROGRAMS 4'43 RISK MANAGEMENT 31 4'43 4.43 INTERNAL AUDIT SERVICES 32 4'57 4.43 - 32 _ _ 4,57 4.43 ~ ELECTRIC SERVICE 28 - 4.00 NEW PARKS/PARK EXPANSION 4.33 ANIMAL CONTROL 29 4'14 4.33 f BUILDING INSPECTION 27 4'14 4.33 ` SIGN VIOLATION ENF'ORCEME'NT- - 27 + 4' CITY BEAUTIFICATION 26 4.17 - 4.29 1 DEVELOPMENT REVIEW PROCESS 4'14 4.29 UBRARYREFERENCE SERVICE'S ~ 4__ .14 4,29 C _ - EMPLOYEE TRAININGfDEVELOF'MENT ~ 4'00 -------------.4,17 STREET SWEEPING 26 3.57 4.14 4,14 PERSONNEL RECRUITMENT - - 33-__- 4,71 TRAFFIC SIGNAUZATION/ENGINEERING 26 4.29 4A0 WASTEWATER TREATMENT PLANT 27 4'8 4,00 LIBRARYAUDIOMSUALSERVICES 27 3'86 4.00 NEW ATHLETIC PROGRAMS 27 3'~ 4.00 - 27 3,88 LITTER PROGRAMS 4.00 SOLID WASTE COLLECTION 27 4'~ 3.88 3,88 3,88 UBRARYEXPANSION 28 400 - RECYCLING EFFORTS 27 386 CURRENT HOTELJMOTEL TAX CONTRIBUTIONS 3.67 EMERGENCY PREPAREDNESS MANAGEMEN 23 3'~ 3,87 r NEW ATHLETIC FIELDS 28--- 4.00 t WATER STORAGE/RESERVES 28 3'71 3,60 ` O t - A - 28---- 3.17 CONTRIBUTIONS TO HUMAN SERVICE AGENCIES 19 3 17 EMPLOYEE PAYPLAN ADJUSTMENTS/BENEFITS 3,33 26 4.00 3,33 A OT7I8R; - PLAY EACH DEAL SEPERATELY- - - 4 4.00 - Q',12JR2JWUD96UIUDPRI!P1QUi:'niON.N'K] 4---_~~ •'a .i G1 O u 9 w X ITY - C4UNCI. b oM o~ N^ D o ~ s 7 Nor-, . • O~~a . O GL W; o ~ 0 G, • AgMd~ke,. CITY OF DENTON CITY COUNCIL. MINUTES December 6, 1994 D* I The Council convened into the Closed Meeting on Tuesday, December 6, 1.994 at 5:15 p.m, In the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Smith, Perry, Miller, Chew and Cott. Absent: None 1. The council considered the fallowing in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1, field a discussion regarding a response to tl;e letter of November 10, 1994 to Lloyd V. Harrell from GTE relating to Article 13 of the City Charter. 2. Held a discussion regarding legal implications that arise from implementing a random drug testing policy. B. :teal Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.0 The Council convened into the Work Session on Tuesday, December 6, 1994 at 6:00 p.m, in the City Council Chambers. 1. Council received a report from Melvin Willis regarding the GTE franchise agreement. Mayor Castleberry mentioned that the item was worded on the agenda so that the Council could only ask questions. Melvin Willis of GTE thanked the City Council for the opportunity to address them. He said he was disappointed at the Council's vote at the previous meeting. He discussed three areas with the C(,uncil including GTE's presence in the community, existing right-of-way ® agreement, and the issues that related to the dispute. Willis -maid R GTE had always tried to be a good corporate citizen in the community. They have more than 250 employees with an annual payroll of more than $10 million. Donations over the last three years had been $111,000 to various organizations along with the volunteer hours the employees spent in the community, sa,.d GTE had a significant presence in Denton and felt it wasia • • 8 direct benefit to the City of Denton. In the past $281,280 in ad valorem taxes year they paid municipal waterway fees for , a $ total 19 in sales tax and $132,614 provisions of the current agreement dated back t to 1949. Willis said the agreement clearly stated that the fee was based only on e II yy,, ` . City of Denton City Council Minutes Al~gpd6N6 December 6, 1994 Agendai1467, f~>DJ1--- Page 2 C local service revenues. From 1949 to 1983 GTE paid the City on local revenues only, the current agreement which contained virtually the same language, Willis said the City never brought to their attention that any changes were intended or that the agreement was in violation of the City Charter. Willis said as a citizen of Denton he felt the City Charter was designed to protect the citizens. He said it appeared that the City was using the charter against the citizen. Willis said the PUC allowed them to pass all right-of-way fees on to the citizen. Willis was not sure the Council wanted what they were asking GTE to do. Willis said Denton would be the only city in Texas charging right-of-way fees on long distance fees. He dial not feel that would be good for economic development. Don Williams, Manager of Municipal Affairs at GTE, continued the presentation. He also thanked the Council for allowing them to present their side of the story. He addressed the basis of the dispute which included what accounts were included in the base on which they pay the City and not the excess revenue amount. The auditor suggested that excess revenues should be included but they had not explained what had changed from the 1949 language, GTE did not negotiate to include those revenues. Williams said the Council's resolution asked for the amount of access revenues but to GTE that was not the question. Providing that information to the City would not resolve the dispute. The question should be what accounts should be included in the base they pay the City. Williams said in 1964 there was a telecommunications revolution called the divestiture of the Bell Companies. Prior to 1984 toll revenues were all recorded in one pool of money. Following the divestiture the same toll revenues were divided into two accounts, access and toll revenues. There was no municipal right-of-way fee assessed on toll revenues before the divestiture. The position of GTE was that there should be none assessed afterwards. Willis said there had been no change in the way GTE used the right-of-way and no change in the way customers used the right-of-way. Divestiture and the access revenues was strictly an accounting change and GTE did not come in to some win fall revenues as a result. The $2.8 million that had been referred to represents a wind shear to the customers that they would ultimately be the ones to pay any fees assessed by the Council., Williams said GTE had not been collecting right-of-way fee on access revenues. Their objective was to collect and recover the cost strictly on the local revenues they record. He said by the PUC tariff they could only recover the fees d • assessed by the Council from the citizens inside the City limits of Denton. The citizens of Denton do not contribute to the fees that may have been assessed by surrounding cities or anywhEre else and likewise those citizens do not contribute to the fees the citizens of Denton might be assessed. Location codes and tax districts were 1 • ea o Venda No City of Denton city council Minutes ;9ondaitoliJ_ December 6, 1994 kite ~G Page 3 O6 J used to identify the citizens inside the City limits. GTE provided detailed information that included al' of the revenues by location and tax district and account code to the Staff and the auditor based on their request. Williams said GTE looked at the total local revenues minus 2% of the revenues (not including uncollectible revenues) to determine the amount owed to the City. Williams also responded to a question of a Council Member from a previous meeting regarding why GTE's fees had not increased in comparison to the other utilities. He said there were two reasons for that. First, in 1989 GTE had a major rate reduction due to a reduction in revenues. He said one of the benefits to GTE's proposal to the City was that there would be a flat, fixed fee that would grow over the life of the agreement and protect the city from rate cases or any other activity. He said several of the revenues had been subject to deregulation and like other businesses in the competitive environment they do not always retain the customers or revenue trends. When comparing Denton to other metroplex cities Denton had a 2% rate while some of the others had a 4% rate. He also emphasized that none of the other cities in the metroplex or any where in the state included access revenues in the base. He said it was up to the Council to achieve comparability to the other cities in the metroplex. Williams said GTE recognized that prior councils approved a lower rate which created a favorable business environment for GTE and was one of the reasons employee levels grew in Denton as compared to some of the other GTE cities. He also recognized that the fees fluctuated due to deregulation and rate cases and again stated that was the basis for the flat rate proposal. He said the rate would stay the same regardless of deregulation and rate cases. The proposal would also include a growth factor so the City woule. have a good solid base for projecting future revenues. Williams said GTE was willing to negotiate a comparable fee but those fees must keep GTE competitive in the marketplace. fie said they were willing to look at different 1 fee structures and would like to have a mutual release of liability from prior right-of-way agreements, not a blanket across the board release of liability. Williams said that was about the second time in 10 years GTE had been through a review with the City and they did not want to have to come back to revisit those areas again. Another advantage to the flat fee proposal would be the elimination of audit costs since GTE would pay one fee, if GTE did not pay the amount the City would have a solid contract to say that was owed. Williams said most of the major cities in Texas adopted the flat O fee agreement about a year and a half ago. He also stated that few A cities in Texas opted to file suits to include access revenues. The settlement with Garland did not include access revenues. The Garland contract had expired been approximately 6 years and any settlement could have included loss of revenues during that time period. In 1988, GTE paid Denton $220,000 for what they thought • • gendaNo .00 City of Denton City Council Minutes Off~rgF 190 nS~J December 6, 1994 11 Page 4 au _ -.-C they thought was a settlement of right-of-way disputes they never paid to the city. Williams said there were major differences between the Garland and Denton situations. Willis stated that in the broadest of terms there would be few dollars coming to the city in comparison to Garland. He said much of the settlement with Garland provided economic incentives for the community. GTE was always willing to consider economic development opportunities with any city it served. Willis said they told the Staff several times GTE would rather spend it's limited resources on constructive projects that would benefit both the Ciiy and GTE. He encouraged the Council to pursue a more positive role in the negotiations. he said GTE wanted to partner with the City for economic growth. Council Member Miller wanted to know if access feces was in dispute with the Bell system with some cities. Williams responded that he was not completely familiar with all of the issues involved in the Bell cases. He said that his basic understanding was that cities had asked to include access revenues in the base, which Bell pays particular cities. Miller asked if it was true that the franchise fee was not based on access revenues anywhere in the state. Williams said he could not respond for Bell but within GTE that was the case. Miller wanted to know what the 2% franchise fee charge on the phone bill was based on. Secondly, he asked if that was the amount collected over the ;i.ars and was in dispute. Miller also asked if all of that money collected had been given to the City. Williams said GTE includes 2% all of the revenues that bump to the • local revenue accountcu and that money had been given to the City. Miller asked if the City would be able to verify *.hrough audits that the City had received all the money it should be collecting. Williams said he had not seen the auditors work papers. :he information GTE provided to City Manager Harrell and Acting City • Attorney Bucek summarized the total revenue billed. He said he reviewed revenues on a customer b, customer basis to determine the amount. Miller asked if the City was getting the records needed to verify the base on which the revenues were collected. J ~ • ea C'~- ageadaNo _..1..4z--LDD City of Denton City Council Minutes ZiIE'" -5 S December 6, 1994 Page 5 Williams said the only item of the 10 or 15 requested by the auditor that GTE had failed to respond on was the access revenues. Harrell stated that was not correct. He said there were a number of items the City had not received response to. The representation from the auditing firm hired by the Council said the information in the format provided by GTE did not give them the confidence level to certify that the correct amount had been paid. The detail in which GTE had been willing to provide revenue numb,ars was in dispute. Mr. Williams said GTE had been forthcoming with what he summarized and represented to be the revenues obtained by GTE within the City but the auditors asked to see a detailed breakdown by account code of various revenues that came in from GTE. That information wan not provided and therefore his representation to Staff was that he could not respond affirmatively to Miller's question, Williams said ire was under the impression that the information provided in the initial response lacked several pieces of information. At subsequent meetings they presented information by revenue account, location code and tax district of the revenues recorded for the period they did a detailed review. Williams said he was surprised that he had not provided what the Staff wanted other than access revenues. Actirg City Attorney Bucek stated that the problem was GTE's focus on access and long distance. The audit showed a shortage in basic services and also certain miscellaneous services that the 2% would apply to, Bucek said more importantly, the problem was that the information was only provided from 1988 forward and the franchise was from 1983 forward, V\ Williams agreed that they had not provided anything prior to 1988 li because their position was that when GTE paid the $220,000 to the City in 1988 that was in settlement of the disputes that were i there. GTE did not see the reasoning in rehashing that same information. Mi.Iler said he wanted to understand where the numbers came from and from where the money was generated, He asked if there was an increase in the base would that money come from the customers. Williams said the customer's bill would reflect an increase if the 49 City chose to assess a fee on GTE. • • Miller asked if the information provided by GTE would allow the auditors to verify the base. Miller said he was also paying sales tax on an even larger number, He wanted to know if other cities charged a sales tax. • ma • ugeatlaNo f1 City of Denton city council minutes p9AAdr11tA1R:~_r..__a._ December 6, 1994 We Page 6 / 02 .4c O a Williams said the sales tax was an option that each Council had. The Council could rescind the exclusion which Denton did. Miller asked if it was common among cities to collect the sales tax like Denton. Williams responded that most cities did collect the sales tax but he would have to get the exact number. Miller asked Harrell if the disagreement was with the information that had been presented for auditing purposes. Harrell responded that was correct. He said on February lo, 1994, at Council's direction a request for information was sent to GTE with 14 pieces of information noted. On March 23 GTE stated their position on which of those items they would be willing to respond to and those which they would not. In subsequent negotiations they have not been able to get over that obstacle. The auditors represented that in order to do the work the Council employed them to do they needed access to the information spelled out in the correspondence of February 10. GTE took the position that some of the information was not relevant to the City. The auditors had not been able to make that determination. GTE made the determination. Secondly, as Bucek mentioned, GTE determined no records prior to 1988 would be furnished to the City despite the request by the auditor and the Manager on the Council's behalf because of the payment made in 1988 in a subsequent audit. Harrell mentioned that the audit alluded to the access and other fees but that was not the basis on which the settlement was made. The basis was on those things the company and the City agreed were ur.derpayments ay GTE. Miller asked if it was on the bads that the auditors felt the customers had paid on those and therefore the City wanted to audit to make sure the revenues had been coll.acted and not turned over to the City. • Harrell said it was his understanding that the issue to make the determination as to the payment by the customer and whether all. of that information had been related to the city, Secondly, it was to determine whether GTE had included in their base for the calculation of the 2% all of the charges that rightfully should have been included. Williams responded that the information GTE said was irrelevant was • • primarily the access revenues. There were certain pieces of information requested that he did not have access to such as the directories, companies, financials but they needed to be contacted directly to get that information. They felt the information • 0 • I, ca • AgendaNo City of Denton City Council Minutes Repdalt I_. December G, 1994 Date._ Page 7 746 c' requested prior to 1988 had already been reviewed during that time period. Council Member Cott asked if the original agreement was so firm, why was it that so many cities had the same problem. Williams said he did not know why the other cities were suing. In October of 1949 was when he found the first ordinance passed by the City Council of Denton referring to the local exchange telephone transmission service. At the same meeting the Council also set the local rates which would lend support that the agreement was only for local rates. He said for 45 years GTE operated under that scenario. Cott commented that perhaps the solution was not just in the Denton area. He suggested GTE would need to look beyond Denton. He suggested that if they settled with the City perhaps the City could help them work out it out. Williams responded that tho question had been raised by several cities and hind site was 20/20 in regard to the contract. He said that was one of the reasons they were proposing the flat fee and hell had gone with the flat fee. Council Member Smith asked if going to the flat fee in any way settled what should be covered in the fee. She thought that was part of the question Wore them. Williams responded that basically the Council would determine what fee they would charge GTE for the use of the right-of-way. Whitever basis the Council wanted to use to come up with that amount needed to be determined by Council. He said they would be { willing to work with the Staff and Council. The fee that woul.: ultimately be negotiated would be a set amount not subject to a percentage of this or that. • Harrell commented to Williams that one of the things that was so f bothersome was that the auditors did ask for information from 1983 forward. lie said the reason that information was so important was to confirm GTE's position that things had really not changed after the divestiture and GTE was still paying on the same revenue base. He asked how the City was to guarantee that their statement was correct if they were not willing to make the records from 1983 • • B available to the City. Williams responded that they did not pay a percentage of the fee on total revenues prior to 1983 and the total revenues after that time they would not pay a percentage on. Q 0 e ' e agendaNo _._L~•---- ~ City of Denton city council Minutes q~end~tOm December 6, 1994 Page Date--21L gdaS9 Harrell stated that the auditors asked for a number of revenue codes, one being access fees along with a host of other revenue sources from 1983 forward. It was his understanding that it was to confirm the position that GTE was paying on the same accounts as before the divestiture. Not supplying that data makes it impossible for an objective third party to come to that conclusion without simply taking GTE's word. Williams said the City did an audit of GTE and they paid. In regard to the local fees he asked why the auditor couldn't rely on the work papers from the previous auditor. He said they came up with a $22r,ooo settlement based on the auditor's findings. The access fees were not relevant prior to 1983 so they did not feel it was relevant then. Council Member Chew asked if the council could expect to receive the 14 pieces of information in the future. Williams responded that there were certain pieces of information he did not have access to bscause it was separate from GTE. He suggested that some of the information was public information and the auditor could just as easily get the information, Chew asked if any of the other cities requested the information the Council had requested. Williams said yes and they had been denied as well. Chew asked if the information could be obtained if a request was made to the other companies. Council Member Perry said Williams used the term right-of-way several times but he thought the issue was the franchise agreement. Williams responded that the City does not franchise GTE as it would a cable company. He said they are before the Council to negotiate • an agreement for the use of the right-of-way within the city limits. j Perry asked Williams if he was familiar with the ordinance. He said the ordinance was a franchise agreement. Perry also asked 3 about the flat fee proposed by Williams. Perry said he underw~ood orte of the r.ea3ons for offering the flat fee would be core ' O objective and more stable. He asked if the fee was figured as a • e percentage of local revenue, why would there be any variation from objectivity. Williams responded that the numbers were very objective. The • o • no AwdaNo Agenda] tam..~, ~Et--- City of Denton City Council Minutes `j December 6, 1994 L3dltl- Page 9 7 og 5-C) 1 method of calculating what that fee would be was a very time consuming process. He said any number of errors might occur. With a flat fee GTE would pay the City a certain amount of dollars or they would be in violation of the ordinance Council would have passed. Williams said quite a few cities in Texas, GTE and Southwestern Bell have gone to the flat fee because it saved so much time for them. Another benefit to City would be that the city would know the amount of revenue to be received for the life of the agreement. Perry said his question concerned the objectivity of the process. Perry also asked Williams if their basis for denying access to information was based on his comment that they had paid a settlement prior to 1988. Williams said they had not heard anything else from the Staff regarding the matter from 1988 until February of 1994. As far as they were concerned it was a closed deal. Bucek said the number 1 question on the February 10, 1994 letter was "Please produce a complete copy of your current revenue account manual. Please also produce a copy of your revenue account manual that was in effect on December 31, 1983." Bucek asked Williams if he was saying they would not produce the revenue account manual for December 31, 1983. Williams responded no. He said in 1984 there was the access revenue issue previously discussed. In 1987 the FCC ordered a new chart of accounts, FCC part 32, that all telephone companies had to convert to. Williams said what was recorded prior to 1987 was on J a part 31 chart of accounts so those accounts may be slightly , different from the current. ] Bucek said the Council retained an auditor that had the expertise to decipher through those things. He again asked if the document • that was the revenue account manual for December 31, 1983 existed and could he supply it. I Williams said he did not personally have a cope and did not know if one existed in GTE. Bucek stated that the records request was supplied to GTE on • February 10, 1994. He asked Williams if he was saying from that time to date he had been unable to determine if the document was ai.ilable. Williams stated that the response provided in March GTE stated that because of the changes they would not be providing that r~YY..LL4YY'J4.:". I 'Y'!~ • O 0 c~ r; NendaNo.._., Ag er da I City of Denton City Council Minutes LIMP ~~C~~ Decembeer 6, 1994 Q 5 g I Page information, He said the city did retain an auditor that came in to do a review of that time period. Sucek said at that time the City was not given the revenue manual. He ar,ked if the City could confirm that the revenue account manual was not received during that audit would it now be supplied. Williams responded no. Cott asked if the $220,000 was about 2% of the revenues collected in '.988. Mayor Castleberry thanked Willis and Williams for answering the Council's questions. 2. Council received a report, held a discussion and gave staff direction regarding implementation of a random drug testing program effective January 1, 1995. Tom Klinck, Director of Human Resources said the Department of Transportation passed and implemented rules for drug and alcohol testing for over the road drivers involved in commerce called omnibus ci'ransportation Employee Testing Act, OTA. He said that act had been extended to local governments and others with commercial drivers of 50 or more effective January 1, 1995. Other commercial drivers would be affected by January 1996. Klinck said the drug and alcohol, program could be very beneficial to the organization. However he indicated that it was an unfunded mandate the city had to pay for. The required testing areas were pre-employment, post accident, random, reasonable suspicion, and return to duty. Klinck stated that the City had a program of return to duty. If there was a positive test certain criteria would be required prior to the employee returning to work. Klinck stated that the City had a program In place that covered pre-employment, post accident and reasonable suspicion. The law and regulations covered commercial drivers that operate 26,000 or more pound vehicles, 16 plus passenger vehicles, and any vehicle transporting hazardous materials. The DOT requires that commercial drivers be asked if they had a positive test in the past. A release of information from previous employers wo,ild be needed within 14 days. The required drug test was a urine and National institute of Drug Abuse (NIDA) test, a test of certain levels of five drugs recognized to impair someone's ability to perform the job. The law requires a O ® breath test. The city looks at previous employer records, driving ` record check through the State, and a NIDA 5-plus. Klinck said the City's test was more comprehensive than what was required by the DOT. The city does not do a pre-employment alcohol test. Under DOT requirements for post accident testing both a drug and alcohol • w • C~ City of Denton City Council Minutes A40ndaNO..._. December 6, 1994 AgandAllAm,. Wt---- Page 12 Cate l1djS9 test was required. The alcohol test must be completed on the scene only in the event of a death, ii' the driver was cited, care was given away from the scene, or the vehicle was towed. Testing must be conducted within 2 hours with a maximum of 8 hours to complete the test for alcohol and 32 hours to complete the drug test. The City policy was to conduct a drug test unless alcohol was suspected, in case of injury or death, if property damage exceeds $1,000, or the employee appeared to violate a ~:'orker safety rule. Cott asked if there was a requirement as to who would give the test. Klinck responded that Staff would get to that momentarily. He continued with the reasonable suspicion testing under the DOT requirements which included drug or alcohol test. The test could only be conducted under DOT rules if it had been observed by the supervisor. The City policy includes a drug or alcohol test depending on the suspicion by the supervisor, fellow employee, or a citizen. Nancy Leghler, Human Resource Specialists, discussed the mandatory requirements for the random drug testing for drug and alcohol test for the commercial Driver's License (CDL) holder pool of employees. She said it was mandatory that 50% of the pool be tested for drugs with the NIDA-5 test and 25% of the pool for alcohol beginning January 1., 1995. If the City retains a violation rate below 1% for drugs and .05,W for alcohol there could be a decrease in the percentage of required random testing. Testing for the drugs could happen at any time. Leghler said there was no specific criteria on when the employee could be tested. The alcohol test had to be conducted at the beginning and the end of their operating the equipment. Miller asked how the 50% was determined. Leghler responded that the 50% had to occur in a one year period • with 50% of the pool being tested in the last quarter of the year for the DOT regulations. Leghler said there were approximately 191 in the pool so about 100 tests would be conducted for drugs over a 12 month period. She stated that the pool of applicants would be regenerated each time using the same 191 people so there was a random possibility that someone could be chosen more than once. Leghler stated that part of the proposed program involved drug and ® alcohol testing for safety sensitive positions using the same • guidelines as required by DOT. The recommended pool included those who use deadly weapons, fire department employees, overhead and underground utility and water employees. Leghler said Staff was not recommending approval for incidental driving, 3 times or less i Y O ~ ra o r Apen~aao C~~. ~~J Aflen~rllen~, t~~. ~ r City of Denton City Council Minutes December 6, 1994 C q Page 12 J / per week, Leghler explained that if an employee tested positively for a random drug test they would be removed from their duties immediately, They will be referred to the employee assistance program. There may be disciplinary action. Guidelines requires that certified DOT equipment be used and that test be conducted by certified tecnnicians. Leghler stated the in terms of record keeping, separate files have to be maintained for DOT random testing. Positive and negative test should be reported on federal forms. Klinck stated that the testing would have an impact, on Staff time including employees pulled away from their jobs to be tested and the Staff conducting the test. 1Clinck proposed that Staff implement the DOT drug and alcohol testing for those CDL holders beginning January 1, 1995. Staff also recommended that random testing requirements under DoT be expanded to cover employees in safety sensitive positions increasing the pool to 442 employees. Klinck recommended the purchase of an EBT and a certified trainer/ operator for approximately $6,800. Miller motioned, Cott seconded to direct Staff to implement the drug testing program and to include employees that drive on an occasional basis be included in the testing. On roll vote, Cott "aye", Brock "aye", Miller "aye", Castleberry "nay", Parry "aye", Chew "nay", Smith "aye". Motion passed with 5-2 vote. 3. Council received a roport, held a discussion and gave staff direction regarding a proposal to temporarily close the library facility to bar code the library collection. Eva Poole, Director of Library Services, reported that the Staff of the Emily Fowler Library was busily planning for the implementation of its first on-line automated system. She said they completed the hardware selection and acquisition in August 1994, pre-installation of software and hardware preparation September 15 - October 15, and the retrospective conversion j scheduled for completion December 15, 1994, Pool.j said bar c,.,dirig the collection was the next task to be completed before the automated system could go on-line. There were approximately 131,657 items in the total library collection to be bar coded. Poole said attaching a bar code to each of those items in the collection was a necessary step in the implementation of the automated system. she explained that the bar code was essentially A the control number for each item and applying them was a tedious, labor intensive process that would require close attention to detail. The match between the item and the bar code must be exact otherwise errors would result in circulation records. Since March 1994, the Staff visited other Libraries in the metroplex to w lute r City of Denton City Council Minutes December 6, 1999 4 c sl Page 13 determine the best plan of action for the bar coding process. Poole said system administrators and library directors from the various libraries said closing their facility to initiate the bar coding project was considered the best method of accomplishing the bar coding project. With extensive publicity and public awareness the residents from the areas supported the action realizing they would receive a greater benefit of return when the facilities reopened. Poole said great consideration was given to the effect the closing of Emily Fowler would have on customers. Many options were discussed but proved unsatisfactory. Poole indicated that hiring temporary workers would cost an estimated $17,000 not including administrative costs of recruiting and training an outside work force. supervision of the workers would still have to be conducted by Library personnel. Utilizing volunteers also proved unsatisfactory because of the cost ci supervision and training, the lack of quality control and the labor intensity of the project. She said volunteers usually like to do fun things. Because of the limitations of Staff, adding the bar coding project to their workload would not allow them to provide assistance with the building open and do the bar coding at the same time. Poole expla~iked that closing on Saturday also proved unsatisfactory as it would take at least to weeks or 2.5 months to complete the process. She said that options would also result in 6 day work weeks for the staff or making every weekday a half workday severely limiting customer service. She explained that closing on Saturday would also leave the heavy Saturday only clientele without service during the duration of the project, Poole said as a result of the survey and the other option considered the Denton Library Board and the Executive Board of the Friends of the Emily Fowler Public Library all recommend closing the Library for a two week period in January. The schedule of closing proposed was January 17, 1995 through January 21, 1995 and January 23, 1995 - January 28, 1995. With the E proposed closing, installation of the automated system would be completed in a timely fashion, no additional salary cost would be incurred, library staff would be utilized full time, and It would have the least impact on public service. Pool said DISD libraries and teachers said the proposed closing would have the least impact on their students because they would be beginning a new semester. The degree of efficiency would be the highest that could be expected since experienced library personnel familiar with the existing collection would be doing the work. Poole said with Council's approval Staff would distribute a flyer to all of the entities listed in the publicity action plan listed in the backup e information which stated Staff's apology for the inconvenience of closing the library to bar code the collection. Poole reviewed the automation time line upon completion of the bar coding project which concluded with online with all modules March 1, 1995. ~ 0 • Q AwdaNo .J Apar,dai(afu S- City of Denton city council minutes December 6, 1994 p~ s y Page 14 Cott asked if the time line included the Branch Library. Poole responded that it did. Perry motioned, Chew seconded for approval of the proposal. On roll vote, Cott "aye", Brock "aye", Miller "aye", Castleberry "aye", Perry "aye", Chew "aye", Smith "aye " Motion passed unanimously, 4. Council held a discussion and gave staff direction regarding Council attendance at the UNT and TWU Board of Regents meetings. Mayor Castleberry said the item was discussed at as previous Council Meeting which resulted in a 3-3 vote. The policy of the Council was to bring the item back at a subsequent meeting. Brock motioned, Miller seconded to approve a policy having a Council Member regularly attend the UNT and TWU Regents meetings. Smith asked if the motior indicated compulsory attendance as opposed to voluntary attendance. Brock said she could not see requiring a council Member to attend the meetings if they did not want to. Smith wondered if an ordinance was needed since they were open meetings and anyone that wanted to go could do so. Brock said they could go at any time but she looked at it as a person going as an official representative of the Council to act as a liaison for reporting back to the Council and transmitting messages. Smith felt that could be done on a voluntary basis very easily without anything set in cement. • Brock agreed that Council could attend on a voluntary basis but the point in proposing the item was to bring about a closer working relationship with the two. It was not to imply there was not a good relationship but it could be closer and more effective. Smith stated that she understood the desire for a closer relationship. She thought that by one of the Council Members • attending as a representative of the City Council they could le puL • in a difficult situation since that person would not be able to state Council's position. It would be difficult for that pertaon to state the council's position or to even answer questions on behalf of the Council if asked. • 0 • a, • ~r 1lenraIIDili ,_.1s . tr City of Denton City Council Minutes December G, 1994 1cvQ n C q ! Page 15 Brock said she assumed there would not be any representation of City interest unless it were an agenda item that would have to be approved by the Council. I Cott indicated that Smith stated his position almost exactly. Perry commented that the Council has excellent relations with both universities. If they need the Council all they need only call. He saw no need for the representation. Miller agreed with what was said. He suggested that Council talk with other cities that have representation at their regents meetings. Mayor Ca:;tleberry mentioned theft he attend those association meetings. Ile said the second largest state supported university was there and there was not a good relationship between the city and the university at the time. Smith said she was at the same meeting Miller referred to and recalled that some of that was done on an informal basis. Bock said they did have someone assigned to regularly attend the meeting. on roll vote Cott "nay", Brock "aye", Miller "aye", Castleberry "nay", Perry "nay", Chew "nay", Smith "nay Motioned failed with a 2-5 vote. 5. Council held a discussion and gave staff direction regarding rules for placing emergency council items on an agenda. Mayor Castleberry indicated the item had been before the Council at a previous session and ended in a 3-3 vote. He stated the current • policy for placing an emergency item on the agenda after the agenda committee had met. Two of the three agenda committee members would need to determine if it was an emergency. As said other emergencies were regulated by State law. Miller said the request was in regard to an agenda item that would need to be discussed at the next meeting due to the timeliness of the issue. Ile mentioned an example of a Council Member voting on E the prevailing side of a motion who learned of something on • • 'Thursday afternoon or Friday morning that would cause them to ask for a vote for reconsideration. If the agenda committee turned it down the item would not be able to appear in a timely manner. 0 • sa (mpdaNo City of Denton City Council Minutes I IfOM , ~ December 6, 1994 Page 16 Miller motioned, Brock seconded that a Council Member be permitted to add an agenda item prior to 1 p.m. on Friday before a Council Meeting. Smith added that sr,s did not feel the current Council would have a problem adding the itet^ Miller mentioned. Having to get at least 2 members to agree was a safeguard. She suggested that perhaps if there was a problem with the Agenda Committee, the Council Member requesting the nmergency item could get two other members of the Council to agree. Miller agreed with Smith's suggestion and mentioned that there were ether safeguards in place to prevent a Council Member from bringing an item up over and over again. Perry felt the Council should be careful about a rule that would give almost anyone anytime to declare an emergency. Miller said it did not have to be called an emergency but something of a timely nature that would allow a Council Member to put something on the agenda by 1:00 p.m. Friday. Cott said if an emergency could only be timely at a particular meeting but beyond that can not be, it may be better to let it age and revisit in a couple of weeks. Mayor Castleberry felt the policy worked well and expressed opposition to the motion. On roll vote Cott "nay", Brock "aye", Miller "aye", Castleberry "nay", Perry "nay", Chew "nay", Smith "nay Motioned failed with a 2-S vote. The Council convened into a Regular Meeting at 7108 p.m. on Tuesday, December 6, 1994 in the Council Chambers. • Present: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Miller, Perry and Smith. . Absent: Council Member Chew 1. Pledge of Allegiance ® The Council and members of the audience recited the Pledge of , • Allegiance. Mayor Castleberry took the opportunity to welcome council. Member Smith back. • { low SITE r' LOT 7 IT-- I I LOT 7 V LOCATION MAP La 7 /LOT 6 c FUTURE z it SAN. SEWR r P UTES: 1, THE PROPOSE) ADDITION TO THE BUILDING r)N LOT 1R a' WATER 45~ SHALL BE NO MORE THAN 4,000 SQUARE FEET. 2. THE NEW F.A.R. FOR ~OT 1R IS 1,05 3, MAXIMUM HEIGHT FOR THE TWO STORY BUILDING ON LOT 1 R IS 34 FEET. 4. THERE ARE NO PROTECTED TREES ON LOTS l k, 3, 4 OR 8. 5. PLANTING BEDS AS REQUIRED IN PD-119 WILL BE PROVIDED IN CONJUNCTION WITH THE PROPOSED ADDITION Nog ON LOT 1R. NO CHANGE IN LANDSCAPING IS PROPOSED LOT 1 R S F ON LOTS 3 OR 4 WITH THIS PLAN, 6. THIS RFQUEST REPRESENTS NO CHANGE IN THE OVERALL r.A.R. OR PARKING REQUIREMENTS FOR PO-119. 7. IHE TOTAL ARFtA OF THIS AMENDMENT IS 0.494 ACRES, INCLUDING 0.` 16 ACRES NOT PART OF THE ORIG! +A! PD-1 19, - - 5, st 8, ALL BUILDINGS TO BE USED AS PROFESSIONAL_ OFFICES L •F e LOT .J _  / fl J I l ~'~-r LIVE OAK N._ LOT rJ i LOi 7 I fl ■I I t~ s i~ f I rc- n r ■ f l rc~ i i J l FI I l -.too L . rT - J 'ty a~ u r W5 Wtlir 7 e r "d ~s ' ;~:2 .h: r e",ice .r'V; f cf-'. [ nJY+, PJ.+• A+1+q..#t{pv .yoy.l:rd.w exev-. f CITY COUNCIL AGENDA PACKET 2-T-95 ,d.......r..r.r...~~.. a . ~ ....rw+r.r+iYOM®^f :t 'Ala•+►^^' Y ~k-•-;= _ J • si 0 AGENDA r CITY OF DENTON CITY COUNCIL FEBRUARY 7, 1995 1 01 4 Closed Meeting of the City of Denton City council on Tuesday, February 7, 1995 at 5:15 p.m, in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 5115 p.m. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consult with attorney in the case of gity of Denton v Juren and Alexander, 2. Consider settlement demand in the claim of Kim Smith. 3. Consider settlement demand in the claim of David Rose. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Work Session of the City of Denton City Council on Tuesday, February 7, 1995 at 6:00 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTE: A Work Session is used to explore matters of interest to one or more city council Members or the city Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal city action, At a work session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work sessions are public mestings, and citizens ' have a legal right to attend, they are not ni:plic hearings, so citizens are not allowed to participate in 'he session unless invited to do so by the Mayor, Any citiz%>n 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 1 # i5 ,7 'ts 7 g3 `Y M ft L ; h • • City of Denton City Council Agenda AgMIdlNC._ (I 5 February 7, 1995 Apr4alWf Page 2 Date ..~1- ~rJb 4 prior to thu 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. 6:00 p.m. 1. Hold a discussion and give staff direction regarding the City of Denton's Consolidated Plan and Community Development Priorities. 2. Receive a report and hold a discussion regarding the results of the 1995-96 Dudget Priority Questionnaire. Regular Meeting of the City of Denton City Council on Tuesday, February 7, 1995 at 7t00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be consideredt 7t00 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of the Council meeting of December 6, 7, 13, and 200 1994. 3. Public Hearings A. Hold a public hearing and consider an amendment to the Detailed Plan of a portion (Lots 1R, 3, 4 and 8) of Planned Development No. 119 for Northwood Gardens Professional Office Park. The .494 acre (total) tracts are located near the northeast corner of Old North Road and Highway 380. (The Planning and Zoning Commission recommends approval 4-0.) B. Hold a public hearing and consider an ordinance rezoning 4.91 acrt3 from a single-family (SF-10) zoning district to a planned development district and adopting a detailed plan. The site is located on the north side of Teasley Lane, across from Sam Houston School, approximately 135 feet east of Indian Ridge Road. (The Planning and Zoning Commission recommends approval 7-0.) 4. Consent Agenda • Each of these items is recommended by the Staff and approval • • thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the staff recommendations, The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. 9 i 4 ,3_ J ..d:s a 4v 1 i~,.• inr # wry N ) y., ~e Z,,,' >'§5 tv b '3y z _JI • °L _ i Ap~ndaNo _ G F~ DO.~ City of Denton City Council Agenda February 7, 1995 Ag86{IB~fML Page 3 pA1E 3 oa Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 5.A, 5.B, S.C, 5.D, 5.E0 5.F, 5.G, 6.A, 6.B). 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 Orders: 1. Bid 01693 - Fleet Vehicles Addendum 02 2. RFSP 01721 - Microcomputers 3. Bid ,/1695 - Sale of Well site ,/8 44 P.O. ;/52628 - Weff Industries B. Contracts 1. Midcon - Spot Market Natural Gas 2. Energy Transfer Corporation - Spot Market Natural Gas 3. Cornerstone - Spot Market Natural Gas 4. City of Corinth - Ambulance Services 5. City of Lake Dallas - Ambulance services C. Tax Refund I. George L. Rodgers/Safeco Land Title of Denton County - $536.19 5. Consenv Agenda Ordinances A. Consider adoption of an ordinance amending Ordinance No. 95-001 relating to the award of Bid Number 1693 for the purchase of fleet vehicles to provide for the purchase of two additional pick-up trucks Bid item 01. (4.A.1. - Bid 01693) a B. Consider adoption of an ordinance accepting competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.2. RFSP 11721) C. Consider adoption of an ordinance approving a contract providing for the sale of certain real estate owned by r the City of Denton. (4.A.3. - Bid 01695) D. Consider adoption of an ordinance authorizing the participation in the cooperative purchasing program of the Texas Purchasing General Services Commission and awarding a contract for the purchase of materials, equipment, supplies or services. (4.A.4. - P.O. 052628) i 6fi t JY 91 f> S "R S~ 1 a t o 1 t 3 ~i t • l City of Denton City Council Agenda February 7, 1995 Page 4 4gWaNo 4gendalterr~.~ Date_ a ~J E. Consider adoption of an ordinance approvinglA% &n interruptable natural gas sales and purchase agreement between the City of Denton and Mideon Gas Services Corp. for the purchase of spot market natural gas. (4.8.1.) (The Public Utilities Board recommends approval.) F. Consider adoption of an ordinance approving an interruptable natural gas sales and purchase agreement between the City of Denton and Energy Transfer Corporation for the purchase of spot market natural gas. (9.8.2•) (The Public Utilities Hoard recommends approval.) G. Consider adoption of an ordinance approving an interruptable natural gas sales and purchase agreement between the City of Denton and Cornerstone Gas Resources, Inc, for the purchase of spot market natural gas. (4.B.3.) (The Public Utilities Board recommends approval.) 6. Consent Agenda Resolutions A. Consider approval of a resolution approving an interlooal ambulance agreement between the City of Denton and the City of Corinth for ambulance services. (4.B.4.) B. Consider approval of a resolution approving an interlooal ambulance agreement between the City of Denton and the City of Lake Dallas for ambulance services. (4.8.5.) 7. Ordinances A. Consider adoption of an ordinance annexing and zoning a 1.1 acre tract located on and being the east part of the right-of-way of Corbin Road. (First Reading, A-68) (The Planning and Zoning Commission recommends denial 6-0.) B. Consider adoption of an ordinance annexing and zoning a 199.5 acre tract located east of Mayhill Road and north r of Edwards P,oad. (First Reading, A-64). (The Planning and Zoning ommission recommends approval 5-0.) C. Consider adoption of an ordinance approving an agreement between the City of Denton and Texas Woman's University to provide funding to TWU CARES, a primary health oars clinic. , 0 D. Consider adoption of an ordinance authorizing the Mayor • • t City o execute Amendment No, i to the agreement between the dated December 7t,d 1993 United Amendment Denton No, ou1 to Inc. agreement between the city of Denton and United Way of Denton County, Inc, dated November 15, 1994, to allow additional time for the expenditure of funds. 1 '74 • • yni k~'i{~4 jkS~ ~`.y3Y L~4t~~rM b^y A t wr-$k~t~~r~~#s tEy t3R~i "~t p • Cit of FebruaryD7,nt1995ity Council Agenda Apftb No i~ O Page 5 Apentlalte ~ Date 00 L E. Consider adoption of an ordinance amending the charge for use of the landfill; and authorizing the Superintendent of the Solid Waste Department to deny the use of the landfill to customers providing false information. (The Public Utilities Board recommends approval.) F. Consider adoption of an ordinance amending the schedule of electric rates by adot,ting an amended schedule TGS (General Service Time of Use Rate). (The Public Utilities Board recommends approval.) G. Consider adoption of an ordinance authorizing the Mayor to execute an Amendment Number 4 to the agreement between the City of Denton and Freese and Nichols, Inc. for engineering services relating to airport improvements. (The Airport Advisory Board recommends approval.) H. Consider adoption of an ordinance providing for adoption of the Affordable Housing Program; and authorizing the City Manager to utilize 901 Windsor and 907 Windsor to provide a portion of the match required by the Federal Grant Program. 8. Resolutions A. consider approval of a resolution approving the assignment by Bruce Brown of the "Tract B" lease of airport property to Ralph slater, said property consisting of 20,865.24 square feet. (The Airport Advisory Board recommends approval.) B. Consider approval of a resolution approving the application of the Housing Finance Corporations Act to property within the City; authorizing and approving other matters relating to bonds to be issued by the Denton County Housing Finance Corporation, and repealing prior resolutions or orders in conflict herewith. C. Consider approval of a resolution authorizing the Mayor to execute an amended lease agreement for the golf driving range between the City of Denton and Walter Nusbaum. (The Parke and Recreation Board recommends approval.) D. Consider approval of a resolution authorizing the Mayor 0 to execute an agreement between the City of Denton and the Upper Trinity Regional Water District for the repair and maintenance of Upper Trinity Regional. Water District facilities. (The Public Utilities Board recommends approval.) 9. Consider a nomination to the Keep Denton Beautiful Board. . _--a.w..--.r+,... _ ~ r.r (•'a W M^.. e., . , .c r~ ~ +y i n ~ pi` A~ ~ Y4 1 1 • City of Denton City Council Agenda Ag"daN' -q February 7, 3995 Page 6 Date 10. Consider nominations and/or appointments to the Juvenile Crime Interagency Coalition, 11. Vision Update 12. Miscellaneous matters from the city Manager. 13. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 14. New Business This item provides a section for Council Members to suggest items for future agendas. 15. Closed Meetingr A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sea. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1995 at o'clock (a.m.) CITY SECRETARY • NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO • THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH • THE CITY SECRETARY'S OFFICE. ACCO0249 • 4W*90 CITY COUNCIL. REPORT FORM Ap1f11la l AT DO 0?= I08 y DATE: 02-07.95 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Discussion of the City of Denton's Consolidated Plan and Community Development Priorities RECOMMENDATION: NIA BACKGROUND: The final rule for the newly-required Consolidated Plan was recently published. The Consolidated Plan is a five- year plan that consolidates the planning, application, and reporting requirements for all Housing and Urban Development programs, such as CDBG (Community Development Block Grant), HOME Investment Partnerships, HOPWA (Housing Opportunities for Person with AIDS), and ESO (Emergency Shelter Grant), The City of Denton currently is an entitlement for the CDBG and HOME programs. The Community Development Staff has begun developing the Consolidated Plan. The following is a list of the information, training and equipment that will be used to complete the plan. 0 Self-Sufficlency Plan (Empowerment Zone/Enterprise Community Application) 0 Human Services Needs Assessment e Small Business Survey • Homeless Focus Group • 1994 Homeless Count • Purchase of computer and software • HUD Training on plan and software • Public Hearing Comments SUMMARY The purpose of the Consolidated Plan is to allow the city and its partners to create a unified vision for community development actions. The five-year Consolidated Plan takes a comprehensive look at each of the following areas: • Housing needs and needs for related assistance (including homeless needs) • Community Development needs • Housing market and barriers to affordable housing a Community resources • Long-terns housing and Community Development strategies • One-year action plan Staffs goal for the submission of the Consolidated Plan to HUD is mid-June, The following is a timeline that reflects the process for the submission of the plan: tit December 8 & 12, 1994 Public Hearings , • » January 5.20, 1 "S Preparation of Funding Applications January 21-31, 1995 CDAC Application Review February 1995 CDAC Funding Hearings. HSC Application Review February 7, 1995 City Council Priority Questionnaire March 1995 HSC Funding Hearings i • s ♦ : . ~ February 7, 1995 nglinde No Page - 2 Agendaltem C oete.Q..~rCSf April 1995 Publish Consolidated Plan for puhlic comment period April 18, 1995 Council discussion & action on recommendations and plan. Public hearing June 15, 1995 Submission of Consolidated Plan to HUD As part of the effort to obtain input on priority needs for the plan, the Community Development staff Is requesting that city council complete the attached questionnaire, The results of the questionnaire will be provided to the Community Development Advisory Committee and the Human Services Committee for consideration during the funding hearings in February and March. To complete the questionnaire, indicate which activities arc the highest priority for Community Development by circling the number in each row that most accurately reflects your response. Staff request that all questionnaires be completed and returned to Jennifer Walters by February 17. PROGRAMS. DEPARTMENT OR GROUPS AFFECTED: Community Development Staff Sociat Services Agencies Neighborhood Groups Program/Project Beneficiaries Other City Departments involved in various projects/programs FISCAL IMPACT: The preparation of the City of Denton's Consolidated Plan will be financed using CDBG funds. Approximately $1,868,738 in Federal funding may be available to the City of housing, human services and community development projects. These funds will be made available through the Community Development Block Grant and HOME programs. Respect ly submitted: V' Lloyd V. Harrell City Manager Prepared by: Luiss Rodrigucz-(Yarcia Community Development Administrative Asst Approved: L Frank Robbins, ICP it" Executive Director for Pla nfng & Department a 2,*pxio6.Nwpdoc✓cupd 93,cp • ' w COMMUNITY DEVELOPMENT AgendaNo C, _ CITY COUNCIL FUNDING PRIORITIES QUESTIONl1~~_._ Page 1 of 2 o~te~ 303 ~ Rating Value _ Activity -Not 'a Priority --1 Activity Is a Low Priority 2 Activity Is a Priority 3 Activity Is a Hlgh Priority 4 Ivity Is the HlOheat Priori~t+_____ 6 Please Indicate your preference for the City's 9ffor1 In the upcoming 1995 Community Development Program budget year by circling the number In each row that moat accurately reflects your response (Use Rating Table Above). ELIGIBLE ACTIVITIES " Values 1. Affordable Housing Construction 1 2 3 4 6 2. Code Enforcement 1 2 3 4 6 3. Commercial or Induatrial Rehabilitation 1 2 3 4 5 4. Demolition and Clearance 1 2 3 4 6 6. Historic Preservation 1 2 3 4 6 6. Home Ownership Assistance 1 2 3 4 5 7. Homeless Facilities 1 2 3 4 6 8. Housing Rehabilitation 1 2 3 4 5 9. Human Services 1 2 3 4 5 a. AIDS 1 2 3 4 5 b, Alcohol and 5ubstatnce Abuse 1 2 3 4 5 c. At -Risk Youth _ 1 2 3 4 5 d. Child Care 1 2 3 4 6 • e. Domestic Violence Prevention 1 2 3 4 6 f. Education 1 2 3 4 5 g, Elderly 1 2 3 4 g h. Employment/ Vocational Training 1 2 3 4 6 • 1. Health Care 1 2 3 q 6 • • J. Homeless 1 2 3 4 6 k. Legal Service 1 2 3 4 b' 1. Library Services 1 2 3 4 6 m. Literacy 1 2 3 q ti 0 • r COMMUNITY DEVELOPMENT 'OendcNr - CITY COUNCIL FUNDING PRIORITIES QUESTIONNAIREAgelld2itar, ~y Papa 2 of 2 rw' c_ ELIGIBLE ACTIVITIES Values 8. Human Services (continued) n, Mental Hoeft 1 2 3 4 6 o: Parenting Skills 1 2 3 4 5 p. Physically Disabled 1 2 3 4 6 q. Recreation 1 2 3 4 5 r. Substanee Abu" Prevention 1 2 3 4 6 s. Transitional Housing 1 2 3 4 5 10. Public Work and Fecllltlea 1 2 3 4 6 a. Water Facilities 1 2 3 4 6 b. Sewer Foafts 1 2 3 4 6 a Drainage Improvements 1 2 3 4 5 d, Streets l Curbs / Gutters 1 2 3 4 6 a. Parks and Playgrounds 1 2 3 4 b f. Public Agency Facility -improvements ;1 2 3 4 6 11. Rehabilitation of Low Income Rental Units 1 2 3 4 6 12. Removal of Arehdoeb rat Barriers 1 2 3 4 5 13. Special Economic Development 1 2 3 4 b 14. Support for Community Housing 1 2 3 4 6 Development Corporations 15. Tenant - Based Rental Assistance 1 2 3 4 6 16. Transportation 1 2 3 4 6 'Note: Activities such as acquisition, relocation and disposition may be included as part of s project under one of the activity categories listed above. Administration has a 20% cap and Is • carried out within that Ilmltstlon. COMMENTS, cM29R4V4 MPL9VUN000Fb.WK4 I' o 0 s .CITY '-COUNCII Hi 1 1. r e+ e+ ~ N~ f ~ 0 ~ t r l0 o. t' o 0 a* S _ 1 1 'Y elf' & k 1 Y : r 1- sU1 d'S tA' .S%. d5 , li M. F * Y } 01-1 °r ♦t , x } y r Nen t 4 4 ~N~$ 4`F \ .J ''$Y. I ...-.,„r .....,w..+JkwYNkNSJVIa>ramr~WMt1iU/MINtE'11pIURtvn>~WdaNo Agondafte Cato t C MUNICIPAL SUILDINe • 216 E MCKINNEY • DENTON, TEXAS 76201 cm ~rroH,~ua (8 17) 666,8200 • DFW MfTR0 434'2629 MEMORANDUM DATE: February 3, 1995 TO: The Honorable Mayor and Alembers of the City Council FROM: Jon Fortune, Chief Finance Officer SUBJECT: RESULTS OF THE 1995-96 BUDGET PRIORITIES OUESTIONNAIRS Please find atta ach 4tuestionnairehave ebeen tabulated and rronkdd by average scor 1996-96 budget priorities Responses from e and by of response. You will also find attached a summary of your responses and by priority regarding the specific policy Issues. Please let me know if you need additional information. < JFaI AltscMMnl AFF0006 s 4 J ^y • AM1 }x k ry rt ~.F °UedlcaFed to Quality Setvice" Y`la lfT'••.• .~wu~~ry r. ups. y ~ ..+x I ' n-'~ a w RNSUI.7S OF 111H CITY COUNCIL AgYRtlBNG 1995-96 RUDOFT PRIORITINS 0UFS71ONNAIRS Agantlalt r date r2 - -7, q No OnN10M a t ML0U78 c3Lwwrr mpwmT SUMAMULT aaaxXa cvaaaer M G*. = xxom7o cuRfA lar umm. f cowrwm araawrr wmaT 4 M R&AM glaaorr WVMT 1 U=lrANnAU.T aaa ANCUaaavr arrow ■amTs"v=rurr RANKED BYAVERAGE SCARE EMERGENCY MEDICAL (AMBULANCE) 37 5.29 6117 STREET MAINTENANCE/REPAIR 37 5,29 6.43 FIRE PREVENTION _ _ 37 6,29 6.43 STREET CONSTRUCTIONMEBULAING - 36 - 6,14 6,29 CIVIC CENTER MAINTENANCE 36 6.14 b.00 FIRE SUPPRESSION 36 6.14 4.67 + AIRPORT DEVELOPMENT 36 6.00 6,29 TELECOMMUNICATIONS SYSTEM 36 6.00 6.00 COMMUNITY ORIENTED POLICING (COPS)- 34 4.88 6.43 JUVENILE JUSTICE SYSTEM 34 4,86 GREENBELT SYSTEM PLANNING EVELOPMENT 33 4,71 6.29 LANDFILL 33 4.71 6.14 DRUG ABUSUNFORCEMENT PROGRAMS 33 4.71 6.00 DOWNTOWN REDEVELOPMENT (MAIN ST., ETC.) 33 4.71 4.86 LONG RANGE COMPREHENSIVE PLANNING 33 4.71 4.71 STREET SWEEPING 33 4.71 4.14 DEMOLITION OF SUBSTANDARD SLAG 26 4.67 - b,29 HIGH WEEDS/DEBRIS VIOLATION ENFORCEMENT 28 _ 4,67 _ 6.14 CRIME INVESTIGATION _ 32 4,67 - 6,33 POLICE PATROL 32 4.67 6,33 ECON DEV UTILITY INCENTIVE LINES 32 4,67 6,00 NEIGHBORHOOD SERVICES (NICE, ETC.) 32 4.57 4,66 INFO/DATA PROCESSING SERVICES 32 4.67 4,86 STORM DRAINAGE IMPROVEMENTS 32 4.67 4,67 • INTERNAL AUDIT SERVICES 32 4,67 4,43 BUILDING INSPECTIOk~~ - 27 _ 4.60 4,33 - MUNICIPAL COURT 31 4.43 6,14 LOW 6 MODERATE INCOME HOUSING 31 4,43 4.71 ECON DEV INCENTIVES (TAX ABATE, ECT.) 31 4.43 4.67 LIBRARY YOUTH/CHILDREN'S PROGRAMS 31 4,43 4.43 , • LIBRARY PACGRAMS pN GENERAL)- -30 - 4,29 6.43 LEGAL SERVICES 30 4.29 4,98 BICYCLE/HIKING TRAIL DEVELOPMENT 30 4,29 4,67 YOUTH RECREATION PROGRAMS 30 4.29 4.37 WORKFORCE DIVERSITY 30 4,29 4,67 i 1 RESULTS OF 11IR CITY COUNCIL. GAON" 1993-96 BUDOPT PRIORITIES OUP.S71Or N C No orvom 6 mik"AYa WRamf wroaT SUWAN11AtLY ROD" CURJLl0IT1 rrM. Y lKnuco cumawr w/osT y coettim a CiRawr wpmT 1 OWMA/N Cuumrr IWPO" WMTAM"AUY DOCmeAM C VRMrr pPOlff DOMAIN hVW BMW Y RANKED OVA VERAGE $CORE 1 ECON DEV UTILITY INCENTIVE RATES 30 4,29 4.50 RISK MANAGEMENT 30 4.29 4.43 CITY BEAUTIFICATION 30 4.29 4.29 TRAFFIC SIGNALIZATION/ENGINEERING 30 4,29 4,00 UTTER PROGRAMS 30 4.29 3.86 SIGN VIOLATION ENFORCEMENT 26 4.17 4,29 RECREATION CENTER PROGRAMS 29 4,14 4.83 PARKINGMWF)CENFORCEMENT 29 4,14 4.71 PUBLIC TRANSPORTATION (SPAN, ETC.) 20 4.14 4,67 SENIOR CITIZEN PROGRAMS 29 04 4,67 PARK MAINTENANCE 29 4.14 4.43 NEW PARKS/PARK EXPANSION 29 4.14 4.35 ANIMALCONTROL 29 4.14 443 DEVELOPMENT REVIEW PROCESS 29 4.14 4,29 ENVIRONMENTAL HEALTH (INSPECTIONS, ECT.) 28 4AU 4.83 ELECTRIC SERVICE 28 4,00 4,33 LIBRARY REFERENCE SERVICES 28 4.00 4,17 LIBRARY EXPANSION 28 4,00 371 EMERGENCY PREPAREDNESS (MANAGEMENT) 28 4,00 3,87 WATER STORAGE/RESERVES 28 4,00 350 EMPLOYEE PAY PLAN ADJUSTMENTS/BENEFITS 25 4.00 3,33 WASTEWATER TREATMENT PLANT 27 3,86 4,p0l NEW ATHLETIC PROGRAMS 27 3.88 4,00 ! LIBRARYAUDIOMSUAL SERVICES 27 3,86 4,00 SOLID WASTE COLLECTION 27 3.68 3.86 RECYCLING EFFORTS _ 27 ._$E6 NEW ATHLETIC FIELDS_ _ 28 3.71 3,60 EMPLOYEE TRAININC/DEVELOPMENT - 25 3.67 4.14 PERSONNEL RECRUITMENT _ - 28 3.67 4,00 ! _CURRENT HOTELJMOTEL TAX CO7NTRIB6TK5NS4 _ 23 3,29 3,67 ! L CONTRIBUTIONS TO HUMAN SERVK)E AGENCIES 19 ' 3,17 3,33 OTHER: PLAY EACH DEAL SEPERATELY 4 400 400 C.1123 R231B UD96tiNU DPRL2MQU r,CITON. WK I - _-,..~.~.~.~rr.._.'' • r~,wr.,.-......_... rte..,. -00 a Jk ow are spew k or or direction sets to staff individual ice :sere rr or 1995-96 annual buditeR Commet , looluded in braetets nwre loserted by suA'for clarla4oe e ~bu 4 a tElll,,,, l6 ,rcourago the rebuilding of the west we of the square destroyed by tut year's fire. I 9 t 5 Highest Priority - additional flrefighte%/VMS, OuW& experts to help plan plaoanentof fire -sutkms andenwre:dequa or for downtown. Assess and put in plan a new Planning zoning ordinance. Uparrd the city's involvement in the intemeUgopher systems. Coordinate this with UNT and TWU. .'would like to hate the (Human Service) allocations continue but with some realignment of recipients. Add mom Fire tlghter/Fms personnel and Increase efi'orts to diversify the department. No more park acgWsitlons, unless they are "pocket parks' for nelghborhooda, until what we have Is developed and we have adequate funds for main tcnan ce. Could we 'contract out" sporadic activities, like keeping young trees alive? A major issue b establishing how many (fire stations) and where the location of the fire stations WmW be and how to Ned them, (Increase current Workforce Diversity effortsl,partlcularlywlth black firelighters and female firefighters oremergency personnel. Neweconomic development efforts - following Pantus mcommendstions, Review number and location of fire stations - specifically how coverage is provided to down own area. Ina year of easler budgeting, I would like to see the number of people assigned to litter pickup increased Full speed ahead with fiber-optics rote m -it rvke olfered to businesses, schools, etc. Push forward on placing utilities underground on University Drive, along with oompletiort of plantings on median from Malone Street east to North [rim Stmt. icresse Economic Development efforts, taking Into consideration Information from the fontw report Redimet funding (Hotel/Motel Tax Contributions) as percouncil decision. Ilrthe r streamline development process - Perhaps having a "development coordinator". Work to have neighborhood associations coveringentim city. Bring them into the CIP process, Develop neighborhood based service delivery. Street rebuilding and repairing still a major need. Develop (or re -examine) the lung range comprehensive plan for Fire and EMS, Please show us budgets with the non budget plans. Make the development and operation of the airport a priority. Updated computerised community calendar (including universities} Continue participation hi and su pport of the community's visloningprogram, 1 Develop a project plan for the Electric Generation. Sci existing facilities (Utility'rype Services) to private firm(s). Continued strong support for VISION. Work some Vision Ideas Into this year's budget and CIP. Improvements to make Civic Centermom useful to the community, especially improved acoustic and a kitchen, Press forward on renovations on City Hall West and City Hall, i "lake TMPA a Priority - Fspeciallyits long term compeiltivenem. (jet City completely on-line to any Internet user around the world. Bring computer operations Into the Val century. Link (the r7ity)upwith Universities, DISD, and businesses. ♦ ,.'4s sib:-1 4;` 3nY l~+vf "ix i.. x v~'1• N- Fvc: , g3 a .f i 4* r1.'.a 1 y, IJsy~~ S~ . 1 4 474 firA * yJ# y{rij F L . ••...•Yxu r ,!,Nli.ep «nwYSx.N.vyv~t'dl.•yAI9s1}RiY, Below AN q*Wfic MMOU&M or dkWdW ( to ah aesa tr I at -of 010 IM-96 aasud budset. Ckasesats faefuded k Mackoer wax Dawrod byeiA"fWWSWketioaarI Agenftllhm Gnprova the entire devebpment review proper. Truly slresmlbta the paooess and make It user Aiendlyoa(a Investigate slternste Mane iris option to expand (Cable TV) service. s Present a budget with a tax decreaae• -with $100,1100+ f remaining from our let budget we cent reduce t1w (ad valorem tax (rate) 3-S cents per hundred (valuation] or more. Continue to support and expend the juvenile Justice system. Budget for greenbelt for next 3 years. Improve -areas to airport ores. Make airport uporatlon more profarionsl. Expand Fiber Clptia system. Develop a canprehendve Cip and the requisite funding. I see not In favor of rushing into a 112 ant sales tax refandieg for Foonoaic Development. Also, t would not like to we elected otllclais give up the oversight of that money, if ever paved by the voters, to anygroup not responebile to the electorate, Add more "Wekome To Denton' dgns to city sn"ys. Reduce our number of employees the "me me shod N being done now (dow~nslring) As empkryees retire or tesipt ri0rgankrl to cover these podtkms without replacing them. Expedite the permitting of the landfill expansion. Ox-ter concentration on downtown - In every possible way. fiat am the lest ;t-S yr numberof cost and results for COPS? Create 'mwrw' routes (SPAN) so parengers do oat bane to make found trips, Mine nine .ll city services i i ate • _.._..~...•......--.r-Yr , ~ .r~.....atlerarrr, r.,r,.--'. , t~ s~~~,.,~'Jr urL. • c, a RESULTS OF 711E CITY COUNCII. oTA+lw 1995-96 BUDOLrr PRIORITIES QUESTIONNAIRE >v ( no ofooou ■nrwAta wsaofrsfoar i MNMAKMILY MUM CLMXMT WOORT ~ am"" CUaamfrappmr CWTOW CURRMM XPMET WHAM CUaamfr W KHt f MANnALY N$CXXAU Naaal/'WFORT f off"A" mw wrawr 7 r RANKED BY PRIORITY OF RESPONSE i _EMERGENCY MEDICAL (AMBULANCE) 37 6.29 _ 8.17 JUVENILE JUSTICE SYSTEM 34 4.88 6,43 COMMUNITY OAIENT150 POLICING (COPS) 34 4,86 6.4 LIBRARY PROGRAMS (IN GENERAL) 30 4,20 6143 STREET MAINTENANCE/REPAIR 37 6,20 6,43 FIRE PAEWENTION 37 6.20` 6.43 POLICE PATROL 32~ 4.67 6,33 CRIME INVESTIGATION _ 32 4,67 6,33 STREETCONSTRUCTION/RESUILDING 98 8.14'. $20 - AIRPORT DEVELOPMENT 36 6,00 6,20 L GREENBELT SYSTEM PLANNING/DEVELOPMENT 33 4.71 6.24 DEMOLITION OF SUBSTANDARD BLDG 28 4.67 8.20 LANDFILL - 33 W~4.71 8.14 HIGH WEEDS/DEBRIS VIOLATION ENFORCEMENT 26 4.87 5,14 MUNICIPAL COURT 31 4.43 6.14 CIVIC CENTER MAINTENANCE 36 6.14 .600 TELECOMMUNICATIONS SYSTEM 36 6,00 6,00 DRUG ABUSE/ENFORCEMENT PROGRAMS 33 4,71 6,00 _ECON DEV UTILITY INCENTIVE LINES 32 4.67 _ 8.00 NEIGHBORHOOD SERVICES (NICE, ETC.) W 32^ 4.57 4,86 DOWNTOWN REDEVELOPMENT (MAIN ST., ETC.) 33 4.71 4,86 `i INFO/DATA PROCESSING SERVICES 32 4.67 4,88 } LEGAL SERVICES 30 4.29 4.86 • RECREATION CENTER PROGRAMS - _ 20 4.14 4,69 ENVIRONMENTAL HEALTHINSPECTIONS, ECT, 28 4.00 4,83 PA13KINGITRAFFIC ENFORCEMENT 29 4,14 4,71 L OW & MODERATE INCOME HOUSING a1 4.43 4 71 LONG RANGE COMPREHENSIVE PLANNING 33 4,71 4,71 ECON DEV INCENTIVES (TAX ABATE, ECT,) 31 ^4,43 4,87 4 BICYCLFMIKING TAAIL DEVELOPMENT 30- 4.20 4.87 • • PUBLIC TRANSPORTATION (SPAN, ETC,) 29 4,14 4.67 SENIOR CITIZEN PROGRAMS 29 4.14 4.67 FIRE SUPPRESSION 36 6.14 4.87 YOUTH RECREATION PROGRAMS 30 4,29 4,67 STORM DRAINAGE IMPROVEMENTS 32 4.87 4,57 r r O 1 c~ 0 ' RFSUI.IS OF 1716 CI'T'Y COUNCII. 1995-% BUDO6'1' PRI0R17IIIS QUFSTI0NNAIRE ao owwom lIOmIMa CUMM MUST ~ U=TAxnwaT aawa cuazw nwoar = aaDUaacuaaowrOP OaT cowrow culaw" ano" mcmum cvawM anoaT 3 U?WTAW"MLr aa^aaaacuaae TMWT 6 RANKED BY PRIORITY OF RESPONSE WORKFORCE DIVERSITY 30 4.29 ECON OEV UTILITY INCENTIVE RATES 4.67 PARK MAINTENANCE 29 --4'~ 460 LIBRARY YOUTH/CHILDREN'S PROGRAMS 31 4.14 4,43 RISK MANAGEMENT 31 4.29 4,43 INTERNAL AUDIT SERVICES 32 4.57 4'43 ELECTRIC SERVICE 32 4,67 4,43 ,33 NEW PARKS/PARK EXPANSION 4.00 ::::4M ANIMALCONTROL g 4,14- .33 BUILDINGINSPECTION 4'14 ,35 t SIGN VIOLATION ENFORCEMENT 27 4'~ CITY BEAUTIFICATION 30 4'17 4'29 DEVELOPMENT REVIEW PROCESS 29 29 4'14 4'29 EvwtARY REFERENCE SEAVICE9 4.14 4'29 4.14 EMPLOYEE TRAININQ/DEVELOPMENT 25 - 26 3'7 4.14 STREET SWEEPING 26 4.71 PERSONNEL RECRUITMENT 26 3.5 - 4'14 TRAFFIC SIGNAUZATION/ENGINEERING 27 0 ^ 3,67 4'00 WASTEWATER TREATMENT PLANT' 4.29 4.00 LIBRARYAUDIOMSUAL SERVICES 27 3.86 4,00 NEW ATHLETIC PROGRAMS 27 3.66 4'00 0_ 3.86 4.86 k: 1 LITTER PROGRAMS 3 4'29 3 SOLID WASTE COLLECTION 3'0 .66 LIBRARYEXPlI S10N 27 3.86 _ 28 4,00 3.71 RECYCLING EFFORTS 27 3.86 CURRENT HOTELJMOTEL TAX CONTRIBUTIONS 3'67 EMERGENCY PREPAREDNESS JMANAGEMEN__ 2288 3.29 3.67 NEW ATHLETIC FIELDS 4.00 3.87 WATER STORAGErRESERVES 28 28 4.0i 3,60 4.00 3.60 O (t CONTRIBUTIONS TO HUMAN SERVICE AGENCIES _ 19 333 EMPLOYEE PAY PLAN ADJUSTMENTS/BENEFITS 26 4,0 OTTIER: 3.33 PLAY EACH DEAL SEPERATELY 4 4 .00 C:u2aa23kauD%WUDpRLRQUFsnoN.wuI _4.00 i • e> ' o ITY- COUNCI. -f 0 ~ Nf i 0 r 'III S~ • ,~pMdeKe " CITY OF DENTON CITY COUNCIL MINUTES December 6, 1994 The Council convened into the Closed Meeting on Tuesday, December 6, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Smith, Perry, Miller, Chew and Cott. Absent: None 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Held a discussion regarding a response to the letter of November 10, 1994 to Lloyd V. Harrell from GTE relating to Article 13 of the City charter, 2. Held a discussion regarding legal implications that arise from implementing a random drug testing policy. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE f Sec. 551.074 The Council convened into the Work Session on Tuesday, December 6, 1994 at 6:00 p.m. in the City Council Chambers. f 1. Council received a report from Melvin Willis regarding the GTE franchise agreement. Mayor Castleberry mentioned that the item was worded on the agenda so that the Council could only ask questions. Melvin Willis of GTE thanked the City Council for the opportunity to address them. He said he was disappointed at the Council's vote at the previous meeting. He discussed three areas with the Council • including GTE's presence in the community, existing right-of-way GagEreement, and be related tothat g od to the dispute. always htried issues citi en l in said the community They have more than 250 employees with an annual payroll of more than $10 million. Donations over the last three years had been $111,000 to various organizations along with the volunteer hours the employees spent in the community. Mr. Willis said GTE had a significant presence in Denton and felt it was a • direct benefit to the City of Denton. In the past year they paid $281,280 in ad valorem taxes, $236,819 in sales tax and $132,614 municipal waterway fees for a total $650,713 to the City. The provisions of the current agreement dated back to 1949. Willis said the agreement clearly stated that the fee was based only on 0 0 • ra • City of Denton city council minutes AAendaNo _G~. December 6, 1994 Agenda liefJ`~ Page 2 Ua1e._ 2-43-9 local service revenues. From 1949 to 1983 GTE paid the City on local revenues only. The current agreement which contained virtually the same language, Willis said the City never brought to their attention that any changes were intended or that the agreement was in violation of the City Charter. Willis said as a citizen of Denton he felt the City Charter was designed to protect the citizens. He said it appeared that the city was using the charter against the citizen. Willis said the PUC allowed them to pass all right-of-way fees on to the citizen. Willis was not sure the Council wanted what they were asking GTE to do. Willis said Denton would be the only City in Texas charging right-of-way fees on long distance Fees. He did not feel that would be good for economic development. Don Williams, Manager of Municipal Affairs at GTE, continued the presentation. He also thanked the council for allowing them to present their side of the story. He addressed the basis of the dispute which included what accounts were included in the base on which they pay the City and not the excess revenue amount. The auditor suggested that excess revenues should be included but they had not explained what had changed from the 1949 language. GTE did not negotiate to include those revenues. Williams said the Council's resolution asked for the amount of access revenues but to GTE that was not the question. Providing that information to the City would not resolve the dispute. The question should be what accounts should be included in the base they pay the City. Williams said in 1984 there was a telecommunications revolution called the divestiture of the Bell Companies. Prior to 1984 toll revenues were all recorded in one pool of money. Following the divestiture the same toll revenues were divided into two accounts, access and toll revenues. There was no municipal right-of-way fee assessed on toll revenues before the divestiture. The position of GTE was that there should be none assessed afterwards. Willis r~lid there had been no change in :he way GTE used the right-ef-way and no change in the way customers used the right-of-way. Divestiture and the access revenues was strictly an accounting change and GTE did not come in to some win fall revenues as a result. The $2.8 million that had been referred to represents a wind shear to the customers that they would ultimately be the ones to pay any fees assessed by the Council. Williams said GTE had not been collecting right-of-way fee on access revenues. Their objective was to collect and recover the cost strictly on the local revenues they record, He said by the PUC tariff they could only recover the fees • • A assessed by the Council from the citizens inside the City limits of Denton. The citizens of Denton do not contribute to the fees that may hive been assessed by surrounding cities or anywhere else and likewise those citizens do not contribute to the fees the citizens of Denton might be assessed. Location codes and tax districts were f o j =Now • ~geada No C „a City of Denton City Council Minutes gel ea tem December 6, 1994 1a1B Page 1 .n ~b If used to identify the citizens inside the City limits. GTE provided detailed information that included all of the revenues by location and tax district and account code to the Staff and the auditor based on their request. Williams said GTE looked at the total local revenues minus 2% of the revenues (not including uncollectible revenues) to determine the amount owed to the City. Williams also responded to a question of a Council Member from a previous meeting regarding why GTE's fees had not increased in comparison to the other utilities. He said there were two reasons for that. First, in 1989 GTE had a major rate reduction due to a reduction in revenues. He said one of the benefits to GTE's proposal to the City was that there would be a flat, fixed fee that would grow over the life of the agreement and protect the City from rate cases or any other activity. He said several of the revenues had been subject to deregulation and lixe other businesses in the competitive environment they do not always retain the customers or revenue trends. When comparing Denton to other metroplex cities Denton had a 2% rate while some of the others had a 4% rate. He also emphasized that none of the other cities in the metroplex or i any where in the state included access revenues in the base. He said it was up to the Council to achieve comparability to the other cities in the metroplex. Williams said GTE recognized that prior Councils approved a lower rate which created a favorable business environment for. GTE and was one of the reasons employee levels grew in Denton as compared to some of the other GTE cities. He also recognized that the fees fluctuated due to deregulation and rate cases and again stated that was the basis for the flat rate proposal. He said the rate would stay the same regardless of deregulation and rate cases. The proposal would also include a growth factor so the City would have a good solid base for projecting future revenues. Williams said GTE was willing to negotiate a comparable fee but thoEu fees must keep GTE competitive in the marketplace. He said they were willing to look at different fee structures and would like to have a mutual release of liability from prior right-of-way agreements, not a blanket acroeg the board • release of liability, Williams said that was about the second time in 10 years GTE had been through a review with the City and they did not want to have to come back to revisit those areas again. Another advantage to the flat fee proposal would be the elimination of audit costs since GTE wo;•ld pay one fee. If GTE did not pay the amount the City would have a solid contract to say that was owed. Williams said most of the major cities in Texas adopted the flat • fee agreement about a year and a half ago. He also stated that few • cities in Texas opted to file suits to include access revenues. The settlement with Garland did not include access revenues. The Garland contract had expired been approximately 6 years and any settlement could have included loss of revenues during that time period. In 1988, GTE paid Denton $220,000 for what they thought -J, • , qendaMo -451- - SL City Of hr: Itrn City council minutes ti4nQ?•l9Ri December u, 1994 _ Page 4 Ilk they thought was a settlement of right-of-way disputes they never paid to the city, Williams said there were major differences between the Garland and Denton situations. Willis stated that in the broadest of terms there wouid be few dollars coming to the City in comparison to Garland. He said much of the settlement with Garland provided economic incentives for the community. GTE was always willing to consider economic development opportunities with any City it served. Willis said they told the Staff several times GTE would rather spend it's limited resources on constructive projects that would benefit both the City and GTE. He encouraged the Council to pursue a more po itive role in the negotiations, he said GTE wanted to partner with the City for economic growth. Council Member Miller wanted to know if access fees was in dispute with the Bell system with some cities. Williams responded that he was not completely familiar with all of the issues involved in the Bell cases. He said that his basic understanding was that cities had asked to include access revenues in the base, which Bell pays particular cities. Miller asked if it was true that the franchise fee was not based on access revenues anywhere In the state. Williams said he could not respond For Bell but within GTE that was the case. Miller wanted to know what the 2% franchise fee charge on the phone bill was based on. Secondly, he asked if that was the amount collected over the years and was in dispute. Miller also asked if all of that money collected had been given to the City. Williams said GTE includes 2$ all of the revenues that bump to the local revenue accounts and that money had been given to the City. Miller asked if the City would be able to verify through audits that the City had received all the money it should be collecting, Williams said he had no seen the auditors work papers. The information GTE provided to City Manager Harrell and Acting City Attorney Bucek summarized the total revenue billed. He said he • • reviewed revenues on a customer by customer basis to determine the amount. Miller asked if the City was getting the records needed to verify the base on which the revenues were collected, I • 0 AgendaNo Agendaltom__ 5 ipc- Page City of Denton City Council Minutes kilt ._.C1 - 7 December 6, 1994 5 Williams riaid the only item of the 10 or 15 requested by the auditor that GTE had failed to respond on was the access revenues. Harrell stated that was not correct. He said there were a number of items the City had not received response to. The representation from the auditing firm hired by the Council said the information in the format provided by GTE did not give them the confidence level to certify that the correct amount had been paid. The dc-,ail in which GTE had been willing to provide revenue numbers was in dispute. Mr. Williams said GTE had been forthcoming with what he summarized and represented to be the revenues obtained by GTE within the City but the auditors asked to see a detailed breakdown by account code of various revenues that came in from GTE. That information was not provided and Inerefore hits representation to Staff was that he could not respond affirmatively to Miller's r question. Williams said he was under the impression that the information prcvided in the initial response lacked several pieces of information. At subsequent meetings thay presented information by revenue account, location code and tax district of the revenues recorded for the period they did a detailed review. Williams said he was surprised that he had not provided what the staff wanted other than access reivenues. Acting City Attorney Bucek stated that the problem was GTE's focus on access and long distance. The audit showed a shortage in basic services and also certain miscellaneous services that the 2% would apply to. Bucek said more importantly, the problem was that the information was only provided from 1988 forward and the franchise was from 1983 forward. Williams agreed that they had not provided anything prior to 1988 because their position was that when GTE paid the $220,000 to the City in 1988 that was in settlement of the disputes that were 0 there. GICE did not see the reasoning in rehashing that same information. Miller said he wanted to understand where the numbers came from and from w,bere the money was generated. He asked if there was an increase in the base would that money come from the customers. i Williams said the customer's bill would reflect an increase if the City chose to assess a fee on GTE. r Miller asked if the information provided by GTE would allow the auditors to verify the base. Miller said he was also paying sales tax on an even larger number. He wanted to know if other cities charged a sales tax. 0 • Agenda No City of Denton City Counc' 1 Minutes Ageodaltem - December 6, 1994 Dat6.-.2,.._7-_915 Page 6 S9 Williams said the sales tax was an option that each Council had. The Council could rescind the exclusion which Denton did. Miller asked if it was common among cities to collect the sales tax like Denton. Williams responded that most cities did collect the sales tax but he would have to get the exact number. Miller asked Harrell if the disagreement was with the information that had been presented for auditing purposes. Harrell responded that was correct. He said on February 10, 19941 at Council's direction a request for information was sent to GTE with 14 pieces of information noted, On March 23 GTE stated their position on which of those items they would be willing to respond to and those which they would not. In subsequent negotiations they have not been able to get over that obstacle. The auditors represented that in order to do the work the council employed them to do they needed access to the information spelled out in the correspondence of February 1U. GTE took the position that some of the information was not relevant to the City. The auditors had not been able to make that determination. GTE made the determination. Secondly, as Sucek mentioned, GTE determined no records prior to 1988 would be furnished to the City despite the request by the auditor and the Manager on the council's behalf because of the payment made in 1988 in a subsequent audit. Harrell mentioned that the audit alluded to the access and other fees but that was not the basis on which the settlement was made. The basis was on those things the company and the City agreed were underpayments by GTE. Miller asked if it was on the basis that the auditors felt the customers had paid on those and therefore the City wanted to audit to make sure the revenues had been collected and not turned over to the city. • Harrell said it was his understanding that the issue to make the determination as to the payment by the customer and whether all of that information had been related to the City. Secondly, it was to determine whether GTE had included in their base for the calculation of the 2% all of the charges that rightfully should have brsn included. Williams responded that the information GTE said was irrelevant was primarily the access revenues. There were certain pieces of information requested that he did not have access to such as the directories, companies' financials but they needed to be contacted directly to get that information. They felt the information { i ou City of Denton city council minutes AgendalEer~ KJ. December 6, 1994 IltB._ Page 7 7~ S+ 51 requested prior to 1988 had already been reviewed during that time period. Council Member Cott asked if the original agreement was so firm, why was it that so many cities had the same problem. Williams said he did not know why the other cities were suing. In October of 1949 was when he found the first ordinance passed by the City Council of Denton referring to the local exchange telephone transmission service. At the same meeting the council also set the local rates which would lend support that the agreement was only for local rates. He said for 43 years GTE operated under that scenario. Cott commented that perhaps the solution was not just in the Denton area. He suggested GTE would need to look beyond Denton. He suggested that if they settled with the City perhaps the city could help them work out it out. Williams responded that the question had been raised by several cities and hind site was 20/20 in regard to the contract. He said that was one of the reasons they were proposing the flat fee and Bell had gone with the flat fee. Council Member Smith asked if going to the flat fee in any way settled what should be covered in the fee. She thought that was part of the question before them. Williams responded that basically the council would determine what fee they would charge GTE for the use of the right-of-way. Whatever basis the Council wanted to use to come up with that amount needed to be determined by Council. He said they would be willing to work with the Staff and Council. The fee that would ultimately be negotiated would be a set amount not subject to a percentage of this or that. Harrell commented to Williams that one of %-he things that was so bothersome was that the auditors did ask for information from 1983 forward. He said the reason that information was so important was to confirm GTE's position that things had really not changed after the divestiture and GTE was still paying on the same revenue base. He asked how the City was to guarantee that their statement was correct if they were not willing to make the records from 1983 ® available to the City. Williams responded that they did not pay a percentage of the fee on total revenues prior to 1983 and the total revenues after that time they would not pay a percentage on. I • 4 . • • I r Ag"daND City of Denton City Council Minutes AgendallaG~~j Page emBer 6, 1994 '1at0 Harrell stated that the auditors asked for a number of revenue codes, one being access fees along with a host of other revenue sources from 1983 forward, it was his understanding that it was to confirm the }position that GTE was paying on the same accounts as before the divestiture. Not supplying that data makes it impossible for an objective third party to come to that conclusion without simply taking GTEts word, Williams said the City did an audit of GTE and they paid. In regard to the local fees he asked why the auditor couldn't rely on the work papers from the previous auditor, He said they came up with a $220,000 settlement based on the auditorts findings. The access fees were not relevant prior to 1983 so they did not feel it was relevant then. Council Member Chew asked if the council could expect to receive the 14 pieces of information in the future. Williams responded that there were certain pieces of information he did not have access to because it was separate from GTE. He suggested that some of the information was public information and the auditor could just as easily get the information. Chew asked if any of the other cities requested the information the Council had requested. Williams said yes and they had been denied as well. Chew asked if the information could be obtained if a request was made to the other companies, Council Member Perry said Williams used the term right, -way several times but he thought the issue was the franchise agreement. Williams responded that the city does not franchise GTE as it would a cable company. He said they are before the Council to negotiate an agreement for the use of the right-of-way within the city j limits. { i Perry asked Williams if he was familiar with the ordinance. He said the ordi,..,nce was a franchise agreement. Perry also asked about the flat fee proposed by Williams. Perry said he understood one of the reasons for offering the flat fee would be more j r objective and more stable. He asked if the fee was figured as a percentage of local revenue, why would there be any variation from objectivity. Williams responded that the numbers were very objective. The i Z- I 1 . l r^ pgendaNo City of Denton City Council Minutes AQentlalle ~)1v1C December 6, 1994 g~~,,ppS~ page 9 vp method of calculating what that fee would be was a very time consuming process. He said any number of errors might occur. With a flat fee GTE would pay the City a certain amount of dollars or they would be in violation of the ordinance Council would have passed. Williams said quite a few cities in Texas, GTE and Southwestern Bell have gone to the flat fee because it saved so much time for them. Another benefit to City would be that the city would know the amount of revenue to be received for the life of the agreement. Perry said his question concerned the objectivity of the process. Perry also asked Williams if their basis for denying access to information was based on his comment that they had paid a settlement prior to 1988. Williams said they had not heard anything else from the Staff regarding the matter from 1988 until February of 1994. As far as they were concerned it was a closed deal. Bucek said the number 1 question on the February 30, 1994 letter was "Please produce a complete copy of your current revenue account manual. Please also produce a copy of your revenue account manual that was in effect on December 31, 1983." Bucek asked Williams if he was saying they would not produce the revenue account manual for December 31, 1983. Williams responded no. He said in 1984 there was the access revenue issue previously discussed, in 1987 the FCC ordered a new chart of accounts, FCC part 32, that all telephone companies had to convert to. Williams said what was recorded prior to 1987 was on a part 31 chart of accounts so those accounts may be slightly different from the current. Bucek said the Council retained an auditor that had the expertise to decipher through those things. He again asked if the document that was the revenue account manual for December 310 1983 existed and could he supply it. Williams said he did not personally have a copy and did not know if one existed in GTE. Bucek stated that the records request was supplied to GTE on February 10, 1994. He asked Williams if he was saying from that I time to date he had been unable to determine if the document was available. Williams stated that the response provided in March GTE stated that because of the changes they would not be providing that .wr......~w~u...~r... ~ .r ww WA:VIWri11 fLVYr"• , 'I ~ i ',ti 1~ ~`•r ti.~i~~a(~~~j~,}9`~,.,ht~;y~Yrr,i~,~Jt~; ~';S,✓'~..31 '+F+~YC~'a`}~~ w AfleudaNo.~ - Agei~tlalta City of Denton City Council Minutes ate. December 1994 /Q e2 S 9 Page 10 _U information. He said the city did retain an auditor that came in to do a review of that time period. Bucek said at that time the City was not given the revenue manual. He asked if the City could confirm that the revenue account manual was not received during that audit would it now be supplied. Williams responded no. Cott asked if the $220,000 was aborit 2$ of the revenues collected in 1988. Mayor Castleberry thanked Willis and Williams for answering the council's questions. 2. Council received a report, held a discussion and gave staff direction regarding implementation of a random drug testing program effective January 1, 1995. Tom Klinck, Director of Human Resources said the Department of Transportation passed and implemented rules for drug and alcohol testing for over the road drivers involvai in commerce called Omnibus Transportation Employee Testing Act, OTA. He said that act had been extended to local governments and others with commercial drivers of 50 or more effective January 1, 1995. Other commercial drivers would be affected by January 1996. Klinck said the drug and alcohol program could be very beneficial to the organization. However he indicated that it was an unfunded mandate the city had to pay for. The required testing areas were pre-employment, post accident, random, reasonable suspicion, and return to duty. Klinck stated that the City had a program of return to duty. If there was a positive test certain criteria would be required prior to the employee returning to work. Klinck stated that the City had a program in place that covered pre-employment, post accident and reasonable suspicion. The law and regulations covered commercial drivers that operate 26,000 or more pound vehicles, 16 plus passenger vehicles, and any vehicle transporting hazardous materials. The DOT requires that commercial drivers be asked if they had a positive test in the past. A release of information from previous employers would be needed within 14 days. The required drug test was a urine and National Institute of Drug Abuse (NIDA) test, a test of certain levels of five drugs recognized to ® impair someone's ability to perform the job. The law requires a breath test. The City looks at previous employer records, driving record check through the State, and a NIDA 5-plus. Klinck said the City's test was more comprehensive than what was required by the DOT. The city does not do a pre-employment alcohol test. Under I DOT requirements for post accident testing both a drug and alcohol i Y 0 0 w AgsrtdaNo Q City of Denton City Council Minutes December 6, 1994 Agentlalten. U Page 11 Date test was required. The alcohol test must be completed on the scene I only in the event of a death, if the driver was cited, care was given away from the scene, or the vehicle was towed. Testing must be conducted within 2 hours with a maximum of a hours to complete the test for alcohol and 32 hours to complete the drug test. The City policy was to conduct a drug test unless alcohol was suspected, in case of injury or death, if property damage exceeds $1,000, or the employeo appeared to violate a worker safety rule. Cott asked if there was a requirement as to who would give the test. Klinck responded that Staff would get to that momentarily, He continued with the reasonable suspicion testing under the DOT requirements which included drug or alcohol test. The test could only be conducted under DOT rules if it had been observed by the supervisor. The City policy includes a drug or alcohol test depending on the suspicion by the supervisor, fellow employee, or a citizen. Nancy Leghler, Human Resource Specialists, discussed the mandatory requirements for the random drug testing for drug and alcohol test for the Commercial Driver's License (CDL) holder pool of employees. She said it was mandatory that 50% of the pool be tested for drugs with the NIDA-5 test and 25% of the pool for alcohol beginning January 1, 1995. If the city retains a violation rate below 1% for drugs and .05$ for alcohol there could be a decrease in the percentage of required random testing. Testing for the drugs could happen at any time. Leghler said there was no specific criteria on when the employee could be tested. The alcohol test had to be conducted at the beginning and the and of their operating the equipment. Miller asked how the 50% was determined. Leghler responded that the 50% had to occur in a one year period with 50% of the pool being tested in the last quarter of the year for the DOT regulations. Leghler said there were approximately 191 in the pool so about 100 tests would be conducted for drugs over a 12 month period. She stated that the pool of applicants would be regenerated each time using the same 191 people so there was a random possibility that someone could be chosen more than once. Leghler stated that part of the proposed program involved drug and , • alcohol testing for safety sensitive positions using the same guidelines as required by DOT. The recommended pool included those who use deadly weapons, fire department employees, overhead and underground utility and water employees. Leghler said Staff was not recommending approval for incidental driving, 3 times or less I i Agendarvo G Agsndalt~en~f.1',..~ --a' City of Denton City Council Minutes gale_ December 6, 1994 q Page 12 j / per week. Leghler explained that if an employee tested positively for a random drug test they would be removed from their duties immediately. They will be referred to the employee assistance program. There may be disciplinary action. Guidelines requires that certified DOT equipment be used and that test be conducted by certified technicians. Leghler stated the in terms of record keeping, separate files have to be maintained for DOT random testing. Positive and negative test should bd reported on federal forms. Klinck stated that the testing would have an impact on Staff time including employees pulled away from their jobs to be tested and the Staff conducting the test. Klinck proposed that staff implement the DOT drug and alcohol testing for those CDL holdArs beginning January 1, 1995. Staff also recommended that random testing requirements under DOT be expanded to cover employees in safety sens!.tive positions increasing the pool to 442 employees. Klinck recommended the purchase of an EBm and a certified trainer/ operator for approximately $6,800. Miller motioned, Cott seconded to direct Staff to implement the F drug testing program and to include employees that drive on an occasional basis be included in the testing. On roll vote, Cott "aye", Brock "aye", Miller "aye", Castleberry "nay's, Perry "aye", Chew "nay", Smith "aye". Motion passed with 5-2 vote, 3. Council received a report, held a discussion and gave staff direction regarding a proposal to temporarily close the library facility to bar code the library collection. Eva Poole, Director of Library Services, reported that the Staff of the Emily Fowler Library was busily planning for the implementation of its first on-line automated system. She said they completed the hardware selection and acquisition in August 1994, pre-installation of software and hardware preparation September 15 - October 15, and the retrospective conversion scheduled for completion December 15, 1994. Poole said bar coding the collection was the next task to be completed before the automated system could go on-line. There were approximately 131,657 items in the total library collection to be bar coded. Poole said attaching a bar code to each of those items in the collection was a necessary step in the implementation of the automated system, she explained that the bar code was essentially the control number for each item and applying them was a tedious, labor intensive process that would require close attention to detail. The match between the item and the bar code must be exact otherwise errors would result in circulation records. Since March 1994, the Staff visited other Libraries in the metroplex to . 0 ganuawo AgandaItenL k,5,-t d--, City of Denton City Council Minutes Leta-~'- December 6, 1994 /5 Oes"I Page 13 determine the best plan of action for the bar coding process. Poole said system administrators and library directors from the various libraries said closing their facility to initiate the bar coding project was considered the best method of accomplishing the bar coding project. With extensive publicity and public awareness the residents from the areas supported the action realizing they would receive a greater benefit of return when the facilities reopened. Poole said great consideration was given to the effect the closing of Emily Fowler would have on customers. Many options were discussed but proved unsatisfactory. Poole indivated that hiring temporary workers would cost an estimated $17,000 not including administrative costs of recruiting and training an outside wo-k force. Supervision of the workers would still have to be conducted by Library personnel. Utilizing volunteers also proved unsatisfactory because of the cost of supervision and training, the lack of quality control and the labor intensity of the project. She said volunteers usually like to do fun things. Because of the limitations of Staff, adding the bar coding project to their workload would not allow them to provide assistance with the building open and do the bar coding at the same time. Poole explained that closing on Saturday also proved unsatisfactory as it would take at least to weeks or 2.5 months to complete the process. she said that options would also result in 6 day work weeks for the staff or making every weekday a half workday severely limiting customer service. She explained that closing on Saturday would also leave the heavy Saturday only clientele without service during the duration of the project. Poole said as a result of the survey and the other option considered the Denton Library Board and the Executive Board of the Friends of the Emily Fowler Public Library all recommend closing the Library for a two week period in January. The schedule of closing proposed was January 17, 1995 through January 21, 1995 and January 23, 1995 - January 28, 1995. With the proposed closing, installation of the automated system would be completed in a timely fashion, no additional salary cost would be incurred, library staff would be utilized full time, and it would • have the least impact on public service. Pool said DISD libraries and teachers said the proposed closing would have the least impact on their students because they would be beginning a new semester. The degree of efficiency would be the highest that could be expected since experienced library personnel familiar with the existing collection would be doing the work. Poole said with Council's approval Staff would distribute a flyer to all of the • entities listed in the publicity action plan listed in the backup • • information which stated Staff's apology for the inconvenience of closing the library to bar code the collection. Poole reviewed the automation time line upon completion of the bar coding project which concluded with online with all moduleo March 1, 1995. • A981da NO APndaitom City of Denton city council minutes tote December 6, 1994 O~j s 5 Page 14 Cott asked if the time line included the Branch Library. Poole responded that it did. Perry motioned, Chew seconded for approval of the proposal. On roll vote, Cott "aye", Brock "aye", Miller "aye", Castleberry "aye", Perry "aye", Chew "aye", Smith "aye Motion passed unanimously. 4. Council held a discussion and gave staff direction regarding Council attendance at the UNT and TWU Board of Regents meetings. Mayor Castleberry said the item was discussed at as previous council Meeting which resulted in a 3-3 vote. The policy of the Council was to bring the item back at a subsequent meeting. Brock motioned, Miller seconded to approve a policy having a Council Member regularly attend the UNT and TWU Regents meetings, Smith asked if the motion indicated compulsory attendance as opposed to voluntary attendance. Brock said she could not see requiring a Council Member, to attend the meetings if they did not want to. Smith wondered if an ordinance was needed since they were open meetings and anyone that wanted to go could do so. Brock said they could go at any time but she looked at it as a person going as an official representative of the Council to act as a liaison for reporting back to the Council and transmitting messages. Smith felt that could be done on a voluntary Oasis very easily without anything set in cement. • Brock agreed that council could attend on a voluntary basis but the point in proposir_; the item was to bring about a closer working relationship with the two. It was not to imply there was not a good relationship but it could be closer and more effective, Smith stated that she understood the desire for a closer relationship. She thought that by one of the Council Members • • attending as a representative of the City Council they could be put in a difficult situation since that person would not be able to state Council's position. It would be difficult for that person to f state the Council's position or to even answer questions on behalf of the Council if asked. A"11 li~ 0 0 • c+ VjunIla1uc Agnndalterry~!~_ City of Denton City Council Minutes Jt+'n C q December 6, 1994 7 VQ J J Page 15 Brock said she assumed there would not be any representation of h City interest unless it were an agenda item that would have to be I approved by the Council. Cott indicated that Smith stated his position almost exactly. Perry commented that the Council has excellent relations with both universities, If they need the Council all they need only call. He saw no need for the representation. Miller agreed with what was said. He suggested that Council talk with other cities that have representation at their regents meetings, Mayor Castleberry mentioned that he attend those association meetings. He said the second largest state supported university was there and there was not a good relationship between the city and the university at the time. Smith said she wa^ at the same meeting Miller referred to and recalled that some of that was done on an informal basis. I Brock said they did have someone assi(jned to regularly attend the meeting. On roll vote Cott "nay", Brock "aye", Miller "aye", Castleberry "nay", Perry "nay", Chew "nay", Smith "nay Motioned failed with a 2-5 vote. 5. Council held a discussion and gave staff direction regarding rules for placing emergency Council items on an agenda. Mayor Castleberry indicated the item had been before the Council at a previous session and ended in a 3-3 vote. He stated the current • policy for placing an emergency item on the agenda after the agenda committee had met. Two of the three agenda committee members would need to determine if it was an emergency. He said other emergencies were regulated by State law, Miller said the request was in regard to an agenda item that would deed to be discussed at the next meeting due to the timeliness of the issue, He mentioned an example of a Council Member voting on • • the prevailing side of a motion who learned of something on Thursday afternoon or Friday morning that would cause them to ask for a vote for reconsideration, If the agenda committee turned it down the item would not be able to appear in a timely manner. ! a uvdak City of Denton city council Minutes nand~lfa December 6, 1994 Page 16 sw y ~b o~ S Miller motioned, Brock seconded that a Council Member be permitted to add an agenda item prior to 1 p.m. on Friday before a Council Meeting. Smith added that she did not feel the current Council would have a problem adding the item Miller mentioned. Having to get at least 2 members to agree was a safeguard. She suggested that perhaps if there was a problem with the Agenda Committee, the Council Member requesting the emergency item could get two other members of the Council to agree. Miller agreed with Smith's suggestion a,nd mentioned that t1l.are were other safeguards in place to prevent a i7ouncil Member from bringing an item up over and over again. Perry felt the Council should be careful about a rule that would give almost anyone anytime to declare an emergency. Miller said it did not have to be called an emergency but something of a timely nature that would allow a Council Member to put something on the agenda by 1:00 p.m. Friday. Cott said if an emergency could only be timely at a particular meetinq but beyond that can not be, it may be better to let it age and revisit in a couple of weeks. Mayor Castleberry felt the policy worked well and expressed opposition to the motion. On roll vote Cott "nay", Brock "aye", Miller. "aye", Castleberry "nay", Perry "nay", Chew "nay", Smith "nay Motioned failed with a 2-5 vote. The council convened into a Regular Meeting at 7:08 p.m. on Tuesday, December 6, 1994 in the Council Chambers. Present: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Miller, Perry and Smith. Absent: council Member Chew 1. Pledge of Allegiance ! ' • ! The Council and members of the audience recited the Pledge of Allegiance, Mayor Castleberry took the opportunity to welcome Council Member Smith back. • ' s ArlentaNn C~..~~]]0 City of Denton 'ity council Minutes 3Qoru811om__..IS c711 December 6, 1994 C11e Page 17 - 74 Ir 2. The council considered approval of the minutes of September 13, September 14, September 20 and September 27, 1994. Perry motioned, Smith seconded to approve the minutes. On roll vote, Cott "aye", Brock "aye", Miller "aye", Castleberry "aye", Perry "aye", Chew "aye", and Smith "aye". The motion carried unanimously. 3. Mayor Castleberry presented Yard of the Month presentations to; Mr. and Mrs. Andre J. "Frenchy" Result McDonalds-University Drive Mr. and Mrs. McKnight 4. Citizens Report A. The Council received a citizen report from Dessie Goodson regarding general issues concerning the City. Goodson asked a question regarding the sign ordinance. She did not i feel the ordinance was being enforced. Goodson commented that a while back the City complained about a man having a flag on his car and said it was against the sign ordinance. She presented a sign that was at Oak and Fry at the Delta Lodge. She said she has a neighbor there with 12 and 15 year old children. Goodson said that sign did not need to be there. If the sign ordinance was not going to be enforced for every one she suggeste,: that the City not complain about someone waiving a flag. She said something needed to be done about the problems at the Delta Lodge. One day she walked by and someone wars sitting out drinking a beer and threw the bottle in the street. On another occasions she walked by with her d)g an the guy threw a frisbee and said, 'loops my aim is off". Goodson said she responded to him by saying if he hit her, her aim would not be off. She also asked why SPAN does not return phone calls. She said she left 3 messages with Sharon and has not • receive a return call. The dispatcher's attitude was also bad. Therc needs to be a change in the attitudes of the dispatchers a,,.9 the drivers. She said one driver, Glenn Ness wants passengers to put minutesn andlnrunhis had s instead minutes fbethe hind h chedule whiShe a tried 2to discuss these matters with Sharon but she did not return her calls. Another driver waits at Amherst and Malone 2-3 minutes to see if ' A anyone from the SPAN offices wanted to get on. The driver also • • speeds in the residential zones. She says he runs red lights and caution lights. Goodson said another driver was 7 minutes late on Saturday at Oak and Fry and then sped through one neighborhood because she said she was running behind. The driver also ran a red • r"npNo City of Denton city council Minutes IOml December 6, 1994 Page 18 I light at I-35 and Fort Worth Drive and later by passsd a trolley stop. Goodson reminded the driver that children were aboard and that if she could not drive any better she needeu to let someone else drive. Goodson also commented that the Fire Department needed to get the word out that they would assist them with their fire alarms. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance designating the property at 1018 West Oak Street as a historic landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof. (The Planning and Zoning Commission and the Historic Landmark Commission recommend approval.) Jane Jenkins, Preservation officer, said there would be 3 public hearings on historic designations. The house being considered was located at the corner of oak and Fulton, 1018 West Oak. It was owned by Charles Stafford and Judith Abbot who plans to renovate it i to be there home. The criteria from the ordinance for which the I applicants applied for historic designation was outlined in council's back up material. The Historic Landmark and Planning and Zoning Commissions unanimously recommended approval. The historic designation puts the structure under the regulatory purview of the Historic Landmark Commission. That means whenever any exterior alterations were made the property owner must file a certificate of appropriateness with the Commission to get changes approved. Because the 3 houses are in the Historic District they are under the regulatory ordinance. The major change would be that the property owners would now qualify for a 50% abatement of city taxes over the next 30 years provided for historic structures. Mayor Castleberry opened the public hearing. • Jan Stanford represented the application for 1018 West Oak. i Randall Boyd said of the numerous plans for the lot, he was very pleased to have the property back as a single family residence, No one spoke in opposition. ® The following ordinance was considered: , • NO. 94-217 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING • O , • m r' AgendaNo__G _J-5- 05 Aflo~daltam_-}--' City of Denton city council minutes I ~ December 6, 1994 Date- }-1✓c~ Page 19 / a/ s THE PROPERTY AT 1018 WEST OAK STREET AS A HISTORIC LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Smith seconded to approve the ordinance. On roll vote, Cott "aye", Brock "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". The motion carried with a 6-0 vote. Smith commented that it was always a pleasure receiving the backup information and to read the history of the homes. Mayor Castleberry asked if the tax credit covered rental properties as well. Jenkins responded that the local agreement does cover rental properties. She also stated that there were national tax credits that only covered residences and some that only covered commercial property. Mayor Castleberry asked what happens when there was property within the historic district that was not maintained properly. Jenkins said there was a section in the ordinance that dealt with general neglect and disrepair. She would have to come back with specific information regarding its contents. B. Council held a public hearing and considered adoption of an ordinance designating the property at 1035 West Oak Street as a historic landmark under Section 35-215, Article V of Chapter 35 of + the Code of ordinances, providing for a penalty in the maximum fl amount of $2,000 for violations thereof, (The Planning and zoning Commission and the Historic Landmark commission recommend approval.) • Jane Jenkins said the property at the corner of Welch and Oak was commonly known as the Evers Mansion. Jenkins said many in the community considered the house to be a community landmark. Jenkins also mentioned that by the time the property owners had completed their research they were certainty entitled to the tax abatement they receive, 6 No one spoke for. • • No one spoke in opposition. The following ordinance was considered. i • A • a~ A41endal'Jo.C4~ .~5 City of Denton City Council Minutes December 6, 1994 Agandalton)- Page 20 Date_~~_= 0 S9 NO. 94-218 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 1035 WEST OAK STREET AS A HISTORIC LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES) PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castl,~berry "aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote. C. Council held a public hearing and consider adoption of an ordinance designating the property at 1004 West Oak Streot as a historic landmark under Section 35-215, Article V of Chapter 35 of the Cooe of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof. (The Planning and Zoning Commission and the Historic Landmark Commission recommend approval.) Jenkins said the house was owned by Howard and Maggie Watt and was k probably one of the most dramatic changes seen recently in the Oak- Hickory Historic District. They have undertaken a meticulous restoration of the home. Jenkins said it was a show piece within the historic district. Randall Boyd commented that all three of the houses deserve the historic designation. All of the houses were difficult to restore as well as they had been. Boyd said the property owners did a wonderful job living up to the spirit of the historic district. No one spoke in opposition. Mayor Castleberry closed the public hearing. Council considered the following ordinance: NO. 94-219 AN ORDINANCE OF' THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 1004 WEST OAK STREET AS A HISTORIC LANDMARK UNDER SECTION 35-215, ARTICLE V OF f • • ® CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS J THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. • I_ • tgondaNO _C City of Denton City Council Minutes Agflnu3l(Cm~-CS .?.1 December 6, 1994 Mile Page 21 Z108 Smith motioned, Brock seconded to approve the ordinance. On roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote. I Mayor Castleberry thanked those who purchased the older homes. He said remodeling was a great deal more difficult than building a new home. He also complemented Mr. Stafford for his expertise on army ordinance. Miller also commented that it was great to see the community spirit. Smith said the homeowners deserved a round of applause from the community. 6. Council considered a variance to a development exaction, on "off-site" street capacity improvement, required under provision of Article 34-114, Section 4, paragraph (a) of the Subdivision and Land Development Regulations, (The Planning and Zoning Commission recommends approval.) Frank Robbins, Executive Director for Planning and Development, said the variance was the consequence of two provisions of the subdivision land development regulation. In order for Council to approve a variance, it must be determined that the requirements were in proportion to the size and type of the proposed development. The requirement could not exceed any reasonable benefit to the property and must be non-confiscatory in nature. The Code of ordinances 311ows the City to require improvements on existing, surrounding streets in proportion to the traffic generated by the proposed development. In the case of the development in question, The Other Place, the development site was less than 1,000 ft. from the intersection of Eagle and Bernard Streets. Based on the traffic volumes at the intersection, and the number of collisions, the intersection functioned at a level of • service below adequate capacity. Staff recommended that the development be required to improve the intersection at Eagle and Bernard by having a right turn lane stripped in the street. Planning anO Zoning unanimously recommended that the variance be granted. Brock wanted to be sure the staff was asking that the developer pay • $3,000 for using the curbs and restr.ipping so there would be a right turn lane on Bernard as you turn on to Eagle. • Robbins responded that it could have been a situation where the developer could have paid to have that accomplished. i • 0 as Agenda No r.-0111 Agendaltorrt.~._a.. City of Denton City Council Minutes Decembtir 6, 1994 ( tte ?,n(2 J_ Page 22 22 Brock asked if the $70,000 improvements at the intersection included the traffic light and other improvements. Robbins replied correct. Brock also asked if the State funding would deal with the right turn lane or would it be available when a right turn lane was created on Eagle to turn north on Bernard. Robbins said it would be available when a right turn lane was created. He said the estimated time frame was two years. Cott asked if the $70,000 was to be paid by the developer or the city. Robbins said that was the estimated cost to solve the problem. Cott wanted to know if that was expected of the developer. Robbins responded no, The developer would only be required to pay a share of the cost which was estimated at $3,000. Brock mentioned that sidewalks were needed in the area because people walk through there all of the time. Brock motioned, Cott seconded to grant variance. On roll vote, Cott "aye", Brock "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye0l. Motion passed with a 6-0 vote. 7. Consent Agenda A. Bids and Purchase Orders: 1. Bid X1684 - Library Furniture and Shelving 2. Bid X1686 - Library Work Stations Smith motioned, Perry seconded for approval of the consent agenda. On roll vote, Cott, rlayepl, Brock, "aye", Miller "aye", Castleberry • "aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote. 8, ordinances The following ordinance was considered under the consent agendas O A. NO. 94-220 O A AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF i ;r • 0 • Q • A4011da No 0 ]0 5 City of Denton City Council Minutes Af)40L3IBg1_L.,_P'.._ December 6, 1994 Page 23 FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.1. - Bid #1684; 7.A.2. - Bid #'1686) Smith motioned, Perry seconded for approval of the consent agenda. On roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote. B. Council considered adoption of an ordinance amending Section 21-2 of the Code of Ordinances to prohibit the erection of barbed wire fences within the City limits, other than in an area zoned for agricultural use under Chapter 35 of the rode of Ordinances. Harry Persaud, Senior Planner said based on the current ordinance it was unlawful for any person to make, build, construct or erect barbed wire fences within the city limits. Persaud said the proposed amendment would allow barbed wire fences to be constructed on land zoned agriculture. Persaud said Staff felt approval would provide consistency in the Code of Ordinances. Cott suggested the wording be changed to say in an area used for agriculture instead of zoned agriculture. Persaud said when the property was zoned agriculture the use was permitted. Once the land was zoned the land owner would not have to come before the city to use the land for agricultural purposes. tie said Staff would not know when it would be used. The following ordinance was considered; NO. 94-221 AN ORDINANCE OF' THE CITY OF DENTON, TEXAS, AMENDING SECTION 21-2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROHIBIT THE ERECTION OF BARBED WIRE • FENCES WITHIN THE CITY LIMITS, OTHER THAN IN AN AREA ZONED FOR AGRICULTURAL USE UNDER CHAPTER 35 OF THE CODE OF' ORDINANCES; AND ESTABLISHING AN EFFECTIVE DATE. Smith motioned, Perry seconded for approval or the ordinance. on roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote. C. council considered adoption of an ordinance amending Section 6-11 of the code of ordinances to prohibit the keeping of livestock for breeding purposes within the City limits, other than in an area zoned for agricultural use under Chapter 35 of the Code 1 • 0 • • City of Denton City Council Minutes Alin i~ellEril _ ~ December 6, 1994 Page 24 iki!e g 59 of Ordinances. -w Harry Persuad said the current ordinance prohibited the keeping of livestock within the city limits. The amendment proposes to allow livestock for breeding purposes in areas zoned for agricultural purposes. The following ordinance was considered: NO. 94-222 AN ORDINANCE OF THE CITY OF OLNTON, TEXAS, AMENDING SECTION 6-11 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROHIBIT THE KEEPING OF LIVESTOCK FOR BREEDING PURPOSES WITHIN THE CITY LIMITS, OTHER THAN IN AN AREA ZONED FOR AGRICULTURAL USE UNDER CHAPTER 35 OF THE COMB OF ORDINANCES; AND ESTABLISHING AN EFFECTIVE DATE. Perry motioned, Smith seconded for approval of the ordinance. On roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote. D. Council ^.onsidered adoption of an ordinance amending Section 28-297 of the Code of Ordinances to allow a 180 day grace period, commencing upon approval of an annexation ordinance, for owners of existing private or semipublic swimming pools, spas, or hot tubs located within such newly annexed areas to comply with the requirements of Subsection (5) (a) of Section 28-297 of the Code of Ordinances. Persaud stated that the existing swimming pool code requires certain fencing and gate requirements. The amendment would allow newly annexed areas 6 months to comply with the requirements, The follow ordinance was considered: • NO. 94-223 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING i SECTION 28-297 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO ALLOW A 180-DAY GRACE PERIOD, COMMENCING UPON APPROVAL OF AN ANNEXATION ORDINANCE, FOR OWNERS OF , • • • EXISTING PRIVATE OR SEMIPUBLIC SWIMMING POOLS, SPAS OR HOT TUBS LOCATED WITHIN SUCH NEWLY ANNEXED AREAS TO COMPLY WITH THE REQUIREME14TS OF SUBSECTION (5) (a) OF SECTION 28-297 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AND ESTABLISHING AN EFFECTIVE DATE. A G3 I ~98r, llrrn ? City of Denton city council minutes f I life December G, Iggq Page 25 ~S}y Brock motioned, Smith seconded for approval of the ordinance. On roll vote, Co ate "aye" B"aye ockki, "aye", Miller "aye", Castleberry aYe Perry P' • Y pi SmAh Motion carried with a 6-0 vote. E. Council considered adoption of an ordinance approving contract providing for the purchase of real ro Robert H. Caldwell, Jr. and Elinor Caldwell; authorizing the expenditure of funds therefore. Barbara Ross, Community Development Administrator, said they have been working for some time to acquire some property in the Owsley neighborhood for a park. The ordinance would approve a contract that would allow the purchase of three small lots at the corner of Ave G and Stella. Ross said the purchase price was $30,825 and WOUIJ use CDBG funds. Mayor Castleberry thought it was a great use of block grant funds, The following ordinance was considered: NO. 94-224 AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF REAL PROPERTY FROM ROBERT H. CALDWELL, JR. AND ELINOR CALDWELL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECT..*.VE DATE. roll vote, Perry motioned, Smith seconded for approval of the ordinance, on Cott "aye", Perry " aye",awmithB"aye". 1t Motion carried "aye", with a a 6-0evote. t F. Council considered adoption of an ordinance accepting the dedication by EPIC Development Inc., of 5,000 square feet of land for street and utility purposes. Robbins, said the dedication was associated with over 300 acres in the Vicinity of EPIC hospital under construction in the area to the north. It would provide a 50 foot link for Colorado Boulevard. Robbins said normally the dedication comes before Council in the platting process but when the property was platted the CaldweII's did not own the property but they were required to dedicate that. Perry asked what was the purpose accepting the dedication .s ti A Robbins responded that it would link Colorado Boulevard and Loop 288. The following ordinance was considered: • • r City of Denton City Council Minutes hr~e',;.;:~am,•".d' December 6, 1994 Page 26 t7 O 9 NO. 94-225 AN ORDINANCE ACCEPTING THE DEDICATION BY EPIC DEVELOPMENT, INC. OF 5,000 SQUARE FEET OF LAND FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Brock seconded for approval of the ordinance. On roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote. G. Ccouncil considered adoption of an ordinance increasing the contribution of employees participating in the City of Denton Fire Fighter's Retirement System and Trust Fund. Rick Svehla , Deputy City Manager, said the pension members took a vote and met all of the requirements to increase their participation from 9% to 10%. Svehla said council approved a 4.6% salary increase but their salary would only inor.?ase 7.6% since the other 1% would go to the pension fund. The following ordinance was considered: N0. 94-226 AN ORDINANCE OF THE CITY OF DENTON, TEXAS INCREASING THE EMPLOYEE CONTRIBUTION OF EMPLOYEES PARTICIPATING IN THE CITY OF DENTON FIRE FIGHTERS RETIREMENT SYSTEM AND TRUST FUND; AUTHORIZING THE PAYROLI. DEDUCTION OF SUCH CONTRIffBUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Perry seconded for approval of the ordinance. On roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote. j H. Council considered adoption of an ordinance retaining the law film of Wolfe, Clark & Henderson to represent the City of • Denton in litigation pending against the City. Bucek, Acting City Attorney, said the lawsuit involved was Moore vs. Jez et al. He said it was a federal lawsuit in the eastern district of Texas which would be tried in Sherman. Bucek recommended Mr. Clark's firm which was located in Sherman. ® NO. 94-227 ' • • AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WOLFE, CLARK & HENDERSON TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; • Q Q G~ Apila jVo City of Denton City Council Minutes Aq ,l 10171_-t X111. December 6, 1994 11 11", Page 27 7 "._~]C~ D S9 ! f AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Smith seconded for approval of the ordinance. On roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote. I. council considered adoption of an ordinance retaining the law firm of Wolfe, Clark & Henderson to represent the City of Denton in litigation pending against the City. Bucek said the case was Style Snell vs. City and Kutcher which had also been filed in the eastern district of Texas. Staff thought it r would be appropriate for Wolfe to defense the case for tho City. NO. 94-228 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF WOLFE, CLARK & HENDERSON TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Smith seconded for approval of the ordinance. On roll vote, Cott, "aye", Brock, "aye", Miller. "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote. J. Council considered approval of an ordinance authorizing the City Manager to execute a ground lease agreement between the City of Denton, Fexas and Bruce Brown for approximately 0.770 acres of property located at the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) Svehla indicated that the following ordinances were formerly one lease at the Airport. Bruce Brown talked with prospects who had a desire to take over the leases. He asked the Airport Board that A the leases be split into three pieces and that they be extended so the prospective investors would have additional time to acquire f financing and to build buildings. Svehla said each lease was virtually the same in language and the same as the old lease except for the terms in the length and for the every 5 Price which would escalate y years according to the CPI. In reviewing the leases Thompson and Brown found one error on page 5 of each lease which ® should read the CPI from 1990 instead of 1994, f The following ordinance was considered: NO. 94-229 • rC r ' A~cr.!,I1lon-~ City of Denton City Council Minutes December 6, 1994 n Q G Page 28 .~s v coo S 1 AN ORDINANCE A11THORIZ.T.I:G THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BRUCE BROWN FOR APPROXIMATELY 0.770 ACRES 07 PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE, Perry motioned, Brock seconded for approval of the ordinance with the change mentioned. On roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion carried with a 6-0 vote. K. Council considered approval of an ordinance authorizing the City Manager to execute a ground lease agreement between the City of Denton, Texas and Bruce Brown for approximately 0.479 acres of property located at the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) Council Member Cott left the meeting at 8:10 p.m. The following ordinance was considered: NO. 94-230 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BRUCE BROWN FOR APPROXIMATELY 0.479 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Smith seconded for approval of the ordinance with the change mentioned. On roll vote, Cott, "abstain", Brock, "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion carried with a 5-0-1 vote. e L. Council considered approval of an ordinance authorizing the City Manager to execute a ground lease agreement between the City of Denton, Texas and Bruce Brown for approximately 0.439 acres of property located at the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) The following ordinance was considered: e • • NO. 94-231 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN i • GA • City of Denton City Council Minutes A(~i?n l{ 1101D_etSu_.~` December 6, 1994 Page 29 THE CITY OF DENTON, TEXAS AND BRUCE BROWN FOR APPROXIMATELY 0.439 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORT; AND PROVI:)ING AN EFFECTIVE DATE. Brock motioned, Smith seconded for approval of the orainance with the change mentioned. On roll vote, Cott, "abstain", Brock, "aye", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye'. Motion carried with a 5-0-1 vote. 9. Resolutions A. Consider approval of a resolution adopting cable television public access rules. (The Cable Television Advisory Board recommends approval.) Cott returned to the meeting at 6:14 p.m. Richard Foster, Public Information Officer, said the franchise agreement between the City and Sammons communication provides for a public access channel. The franchise agreement states the access channel shall be made available for non commercial use to qualifying applicants without charge when requested in accordance with the rules. In August of 1991 the Council passed rules for the public access channel. Staff proposed minor changes to those rules. Foster said the changes were precipitated by a request to Sammons by an individual within the community to show a pre- recorded video tape on the channel. Sammons indicated that was not the intent of the channel. The channel was to produce local programming. However, the rules did not sperif.ically indicate that. The Legal Staff reviewed the franchise agreement and the rules that had been in effect since August 1991. The primary change was that the agreement specified the intent of the channel being to provide the citizens of Denton the opportunity to produce original programming for showing on the public access channel. The Legal Staff. made other recommendations which included that no lottery A information should be supplied on the channel, no information that would be considered obscene, establishing rules regarding the Isiority of use. Those recommendation were included in the changes. Miller said the rules read that each program must have a script outlining the production. He asked if that would preclude • activities such as dancing, or choral groups in the park from using , the channel. Foster said those groups typically meet with Sammons to outline the program. lie said the channel was being used an average of 2-3 { 0 0 r ~ 47 • ~40 r~ ~ 1 IUrr~ City of Denton City Council Minutes December 6, 1994 Page 30 J?Q times per month a lot of which was community groups who do stage performances. Joe Dodd addressed the Council on the issue. He said in efforts to keep the Klan off the public access channel, Council would be disallowing a lot of other things that might be on there. He said there were a number of prerecorded national things of interest to the citizens of Denton that would never get to them unless someone uses cable access to put them before the public. Dodd said he was not sure the resolution does not outlaw someone who went out with their own equipment to do a competent documentary on something very much of interest to the community. He said that issue had come up several times and basically limits cable access to things that were approved of by the cable company. He doer, not want the cable company to have any more control than they already have. Dodd asked that Council send the resolution back for Staff to rewrite it so that good things were not outlawed. Foster stated that the rules could not be content specific. The f rule would not disqualify the Klan for instance from producing a local program. It might however, disallow someone from bringing in a prerecorded tape. If they wanted to make a script, put together a program, and make arrangements with Sammons to get into the studio. The intent was not to regulate content. The following resolution was considered: NO. R94-072 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING CABLE TELEVISION PUBLIC ACCESS RULES; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Perry seconded for approval of the ordinance. On roll vote, Cott, "aye", Brock, "nay", Miller "aye", Castleberry Perry "aye", Smith "aye". Motion carried with a 5-1 vote. B. Council considered approval of a resolution adopting a Personnel Policy relating to Leave for Judicial or Legal Matters. Debra Rose, Human Resources Generalists, reviewed the provisions and changes of the policy. Rose said the policy currently j A accommodates employees who need to participate in jury duty. The { revised policy proposes to broaden that scope to include employees j that need to participate in any judicial or legal matters. The extent of the accommodation would depend on the nature of the leave. Leave with pay would be granted if the employee needed to participate in jury duty, subpoenaed witness testimony on behalf of r d . A~onda No._ QS City of Denton city council Minutes A(donda!Iorn._ December 6, 1994 1 Page 31 31~ S the City or City business in the scope of employment with the City. Leave without pay would be granted if the employee needed to participate in judicial or legal matters of a personal nature or j claims initiated by the employee or against the City. Rose stated that Staff was trying to bring clarification to the policy. If the employee needed to participate in judicial or legal matters of a personal nature and leave without pay was granted, the employee could choose to use compensatory or vacation leave. The following resolution was considered: No. R94-073 A RESOLUTION ADOPTING A PERSONNEL POLICY RELATING TO LEAVE FOR JUDICIAL OR LEGAL MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Brock seconded for approval of the ordinance. On roll vote, Cott, "aye", Brock, "nay", Miller "aye", Castleberry "aye", Perry "aye", Smith "aye". Motion carried with a 7-0 vote. 10. Council held a discussion and considered approval of an annexation schedule with regard to the proposed annexation of a 1.1 acre tract being part of the right-o£-way of Corbin Road and a 199.5 acre tract located east of Mayhill Road and north of Edwards Road. (A-64 and A-68) Persuad said the Staff proposed to annex the east part of the right-of-way of Corbin Road. He said Svehla held discussion with the County Commissioners on the subject. They recommended that the City complete the annexation before closing the road. Persaad said the second tract related to the land fill expansion program. He said the City purchased 55 acres of that tract and has a contract to purchase an additional 135 acres Persuad said Staff was beginning discussions with another land owner to annex and zone the tract so the City could proceed with the landfill expansion program. Persaud said the schedule required that Staff begin with the publication of notices on December 18, 1994 and end on March 21, 1995 with final action by the Council. The City Charter • requires a 3/4 vote of the Council to successfully complete the annexation process. i Brock said there were 8 households mentioned in the backup material that would be effected by the Corbin Road annexation. She wanted to know if property owners outside the proposed area would also be informed of the process and have an opportunity to attend the • public hearings. • Persuad said those property owners would be informed at the council's request. Brock thought they should be informed. Council Member Chew joined the meeting at 8:25 p.m. • O City of Denton city council Minutes ~lP71f1glJp C~!_. r December 6, 1994 OD Page 32 3 z ~ s~ Cott asked if there were intention to fill in the damn. Persuad responded that the proposal would be to close the dam because of the dangers at the low water crossing. The existing homes would be able to go on Springside and Underwood to get back to Airport Road. In terms of distance it would be a minor inconvenience. i Cott said the residents all want that dam. Miller motioned, Cott seconded to approve the schedule. on roll vote, Cott, "aye", Brock, "aye", Miller "aye", Castleberry "aye", Perry "aye", Chew "aye", Smith "aye'f, Motion carried with a 7-0 vote, 11. Council considered a nomination to the Keep Denton Beautiful Board. Council Member Cott said he would have a nomination at the next meeting. 12, vision Update Miller reported that there was a cabinet meeting on November 28th for 2 1/2 to 3 hours and discussed the material received from the various impact groups. Miller said it was quite obvious that there was a real benefit and diversity in terms of opinion and the kinds of things that need to be done. Miller said there would probably be a number of meetings with the cabinet over the next few months. Miller also announced that the impact group presentations from November would run on Channel 26. He said the programs would run for the next two Wednesday and Thursday nights. 13. Miscellaneous matters from the City Manager. Harrell informed Council that there had been problem with the ~j contractor installing a water line on Stonegate. The contractor was given notice to cease opening any further cuts in the street until all item had been cleaned up, repaired and brought back to A order. Further Staff was prepared to move in to get the work finished should the contractor not comply. Smith added that complimentary oftthe h City Staff that have spoke come t outhtoeexp been ainvthe problem. • Miller asked that the contractor be spoken to regarding the way they talk with the citizens in addition to the work they were doing. He understood that they had been rude to the citizens. Harrell mentioned the preliminary budget number on the 93-94 preliminary budget figures. He said going into the budget process Staff estimated excess revenue over expenditures about $100,000. Harrell reported that the final audited number came out about $700,000 as opposed to $100,000. He said about $500,000 of that was increased revenues, unexpected property tax as well as $100,000 • ~a . s City of Denton City Council Minutes RanUaNU_. December 6, 1994 Page 33 R81)oaIl8n1 - ~•L k3IE 4;6& decrease in expenditure levels below the May projections. He said the next budget year should be much like last year where there was some flexibility due to prior year expenditures. Council could expect the final audit in mid January. 14. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments Council did not take action on official meeting items. 15. New Business Cott asked that the next meeting be conducted in the Civil Defense Room instead of upstairs in the Manager's conference room. Smith commented that it would be less claustrophobia. The Council consented. The meeting was adjourned with no further business. VERONICA S. OGLESBY u BOB CASTLEBERRY, MAYOR DEPUTY CITY SECRETARY CITY OF DENTON CITY OF DENTON I . Ji 1 Agentla~Vo, ~(rApooQaliem CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 7, 1994 3 n a 1 The Council convened into a joint session with the Denton Independent School District Board of Trustees on Wednesday, December 7, 1994 at the DISD Central Services Building. PRESENT: Mayor Caetleberryl Mayor Pro Tom Brock; Council Members Cott, and Perry. ABSENT: Council Members Chew, Miller and Smith. 1. The Council held a discussion regarding the growth and development patterns in the City and School District. Lloyd Harrell, City Manager, stated that Frank Robbins, Executive Director for Planning and Development, would review the growth and development patterns in the City. . Robbins displayed a map showing 5 years of zoning and 5 years of subdivision activity. He identified areas where new subdivisions were being constructed, especially net: existing schools. There were approximately 250 homes huilt per year and there was an average of 1,000 new residents moving to Denton annually. Robbins encouraged the DISD to work with the City to do forecasting and growth projections. The City had an abundance of technology that it could commit to the cause. f Dr. Albert Thomas, Superintendent of schools, echoed Mr. Robbins comments and felt that the DISD and the City should work closer together on forecasting and long range planning. He pointed out that the new subdivisions surrounding the Sam Houston School and McNair would further saturate already overcrowded conditions. It was important to prepare for the future through long range planning. 2. The Council held a discussion regarding a fiber optics network cooperative. Bob Nelson, Executive Director for Utilities, displayed a map showing the fiber optics activity the City was engaged in. No discussed differences in fiber o,nd capacity. He also reviewed the City of Denton•s fiber optics system. He encouraged future growth linking the City facilities, the DIED, County and the Universities. City Manager Harrell stated that there would be a consultant retained by the Cit, to discuss pricing strategies. Di. Thomas agreed with the comments and felt that it was important for the DISD and the City to work together in this area. With no further business, the meeting was adjourned at 1105 p.m. • BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS • JOSEPH PORTUGAL r ' DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS ACC00234 • I f NgenaaNo~~ J CITY OF DENTON CITY COUNCIL MINUTES AgondaItem - DECEMBER 13, 1994 Date-2L~-_l l_. The council convened into a closed meeting on Tuesday, December 159 1994 at 5:15 p.m. in the Civil Defense Room. PRESENTt Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, and Miller. ABSENT: Council Member Smith 1. The Council discussed the following in Closed Meetings A. Legal Matters Under TEX. GOVT CODE Sec. 551,071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Considered annual evaluations of the Alternate Municipal Judge, Part Time Municipal Judge, Municipal Judge and the City Manager. With no furthor business, the meeting was adjourned. f BOB CASTLEBERRY, MAYOR CITY 01V DENTON, TEXAS JENNIFER WALTERS _ CITY SECRETARY CITY OF DENTON, TEXAS ACCO023B i • AgoadaNa G L~)_ Agcntlalh CITY OF DENTON CITY COUNCIL MINUTES December 20, 1994 36 s~7 The Council convened into a Closed Meeting on Tuesday, December 20, 1994 at 5:15 p.m. in the Civil Defense ROOM. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; ^ouncil Members Chew, Cott, Perry, Miller and Smith ABSENT: None 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. The Council held a discussion regarding a response to the letter of November 30, 1994 to Lloyd V. Harrell from GTE relating to Article 13 of the City Charter. 2. Considered settlement offer in 8or_ v. city of Denton. 3. Considered settlement demand in David Rose Y. City cf Denton. B. Real Estate Under TEX. GOVOT CODE Sec. 551.072 1. Discussion regarding property acquisition on Foster Road and Edwards Road. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Continued annual evaluations of the Alternate Municipal Judges, the Part-Time Municipal Judge, the Municipal Judge and the City Manager. The Council convened into the Work Session on Tuesday, December 20, 1994 at 6:00 p.m, in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members • Chew, Cott, Perry, Miller and Smith. ABSENT. None 1. The Council received a report, held a discussion and gave staff direction regarding the revised policies and procedures for the Human Services Committee. City Manager Harrell stated that during the last budget discussion, the Council had expressed a concern regarding the policies and procedures governing the Human Services Committee. The council had asked that those policies and procedures be reviewed before the • yenclaNo, City of Denton City Council Minutes sic +i : !Bp December 20, 1994 Page 2 3?mob ~ next budget session. Staff was needing direction regarding how Council would like to proceed. Sandy Kristoferson, Chair-Human Services Committee, reviewed the time table used to work on the policies and procedure revisions for the Committee, Dr. Victor DeSantis discussed the needs assessment which was used with the Committee work. The assessment was reviewed in terms of who would be the contacts for the assessment and the survey was sent to those individuals for input. First on the assessment was a perception of perceived needs in the City. It was found that areas dealing with parenting skills and teenagers were important needs. The assessment also looked at identifying the most urgent needs perceived in the City with affordable housing being the top response. The assessment also identified any additional services which were perceived as needed. It was found that there was some degree of controversy as to whether more services were needed. Barriers to receiving benefits dealt with the lack of awareness of the services as being the top survey result. The survey found that the best way to inform the public was through word of mouth on how to access; human servicer in the community such as the local newspaper, cable t.v. and brochures, etc. The degree of coordination among the providers was perceived to be well coordinated if not all the time at least some of the time. Council Member Cott felt much of what was done in family counseling ignored an entire group of people in the community and those were individuals who felt that these services should be done in the home or in the church. If City government was going to be involved, he felt that there was a need to know if there was a comfort factor regarding these areas. DeSantis replied that that was a philosophical perception on what services the City should provide. • Mayor Castleberry asked 'now it could be avoided to have a duplication of efforts among the various agencies. DeSantis replied that the Committee tried to work out that problem and in future the Committee should be vigilant in its questioning and deliberations over each of the agencies. • Mayor Castleberry asked if there was any expression of limitations • • for the funding of agencies. ' Kristoferson stated that that might not be feasible for some agencies due to long term funding. • a ngnndat~a City of Denton City Council Minutes Anc ii In, December 20, 1994 CktiG_._oc.- f--•- Page 3 ?JQO~ 5(3 Mayor Castleberry stated that one of the intents was to have start up money and to have the agencies be self-supporting after that. Kristoferson stated that that was addressed. It was determined that that might not be the best way to handle a long term funding. Long term support might be necessary for some of the agencies. Some of the changes to the polices and procedures included adding a section to allow for closed meetings if neoded. Section V deleted the definition of human services as it was in the beginning , of the document. In Section VII dealt with the start up money and the issue of a three year funding was eliminated as an issue. Mayor Castleberry asked if the agencies realized that this was an annual allocation and that they might not receive money every year. Kristoferson replied yes and that fact was also stated in the contracts with the agencies. Council Member Perry stated that Section 5, Number 10 provided a list of other sources from which the agencies could solicit financial assistance and felt that it was good to have that clearly identified. Council Member Miller stated that Article 8 stated that the Committee would act on a motion by a majority of the committee and asked if that was a majority of those present at the meeting. Kristoferson stated that the Committee had to have a quorum in order to proceed. Brock motioned, Perry seconded to adopt the recommendations of the Committee. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. • 2. The council received a report, held a discussion and gave staff direction regarding the results from the 1994 human services needs assessment. City Manager Harrell stated that this item had been covered in previous item. • 3. The council received a report, held a discussion and gave staff direction regarding an auditor's report from Read and Stowe relating to the GTE franchise. City Manager Harrell stated that the City had been in the midst of conducting an audit of GTE for several months. At the last Council • Ca City of Denton City Council Minutes December 20, 1994 Page 4 ~1~nr~,1A10 C1.✓ _~)V - meeting Melvin Willis, the local onager for GTE, di ated h 3<C V Position of GTE regarding releasing various pieces of information to the auditing firm. To help with an understanding of this issue, Dan Jackson, Senior Consultant for Reed and Stowe, would go over some of the representations made by GTE. Dan Jackson, Reed Stowe and Company, presented the objectives of the audit, the findings of the audit and the statements made by GTE. Reed and Stowe was engaged by Denton and Carrollton to conduct an audit of the franchise fee payments made by GTE to those cities. There were two basic objectives with the audit. The first was to determine, based on GTE's own reports and financial information, if the revenues that they accumulated within the City limits of Denton were properly charged franchise fees. The second objective was to analyze what services and what revenue accounts the company was paying franchise fees on and what services and revenues the company was not paying franchise fees on in order to determine if their interpretation of the ordinance was consistent with the city's. Several steps were used to obtain background i two occasions In order to nformation from the city and some from GTE. They met with GTE on They analyzed he information provided by GTE and also information several independent data sources. The information response by GTE left the audit firm unable to accomplish either of the objectives. The information was vague, irrelevant and of a very limited use for the analysis. GTE provided one page summary reports instead of the detailed reports asked for by the firm and GTE did not provide several pieces of information requested by the auditors. GTE did not provide a revenue accounting manual which would have assisted them in determining what accounts GTE was paying on and did not provide any maps of the service area. GTE did not provide a total number of access lines which were maintained in the City and did not provide the revenue account names or documents for revenues ,,hich GTE excluded from the franchise fee payment. The only paymentt and gstiven dasthfor at all revenues which whwere ichincluded excluded their otherewo.rds,Gthere were psubstantialiamountsiof information Basked • for which were not provided. Using the firm's own knowledge of the industry and the alternate data sources, the firm was able to put together some basic estimates of what was the total amount of revenue which GTE had not provided to the city for the past five yearn, In August GTE provided the firm with a bit more information. It was the firm's preliminary conclusion that there • were substantial amounts of revenues which GTE accrued within the • • City of Denton which it did not pay franchise feim on - approximately $2.8 million including interest. Those revenues were broken down into four categories - access - which was approximately 1 • 0 • e> Gf Do City of Denton City Council, Minutes " nnf7 r 1~-~ December 20, 1994 Page 5 / lO 5 $1.F million, basic revenues/local revenues - which was approximately $200,000, miscellaneous revenues - which were approximately $500,000 and total revenues - which were approximately $700,000. It was the firm's preliminary conclusion that GTE did not pay franchise fees on approximately two thirds of the total amount of revenue which the company generated within the City of Denton. GTE did not pay franchise fees on directory assistance, on access, on inside wiring, on billing/collection revenues, and did not pay on any less than voice rate services. He had reviewed the video tape of the prior Council meeting when Mr. Willis spoke to Council and he wanted to address some of those comments. one statement made was that GTE was surprised that the information submitted did not comply with the firm's requests. The firm felt that they had stated at both meetings with GTE that there were substantial amounts of revenue not provided. GTE stated that it paid on all revenues and local revenue accounts and that the revenue base had not changed in last 30-40 years. It was his opinion that this was a very misleading statement because GTE did not pay on any access revenues which were clearly a local exchange revenue. GTE did not pay franchise fees on many revenues which GTE itself considered to be local service sifch as less than voice rate services. The firm wanted to determine if GTE was paying on unbundling. in prior years, the accounting system for these large companies was much simpler than it was today. The firm had ! requested information to determine if GTE was doing that but they would not turn over that data. Another statement made was that in their opinion, GTE's payment of $220,000 to the City in 1988 represented a settlement which eliminated the company from any liability for underpayments before 1988. The prior audit which was conducted in 1988 discovered that GTE was not even paying according to GTE's own interpretation of the agreement. When GTE began signing new ordinances in North Texas in the late 1980's it made an error in their calculations. Of the $2.8 1,ilion which was felt that GTE had underpaid over the last five yea:g. $1.5 million was access. Access revenues we::e not collected from individuals. Access revenues were revenues which GTE collected frQ,,, the larqe • long distance companies for the use of the local network. The $1.1 million due to the City would have to be determined by the Public Utilities Cummission on how to collect that money. lab PUC could prohibit GTE from recovering revenue from any of the rate payers, it could rule that the $1.3 million had to be recovered by all rate payers within the State of Texas or could allow GTE to recover the ® $1.3 million from the citizens of Denton. He had never seen that happen. GTE discussed that access revenues were toll and were not • subject to franchise fees. This was a highly debated issue and was the subject of a class action litigation pursued by 15 cities in Texas against Southwestern Bell.. The position of those cities was that access revenues were paid by the large long distance companies I • to City of Denton city council MinutesC December 20, 1994 , S-. 4 Page 6 to GTE for the use of the local network. GTE stated that the auditing firm should. relied on data GTE provided in 1988 to perform its analysis. As a rule, his firm did not rely on work performed by other companies and would not issue an opinion on work done by someone else. Council Member Cott stated that the firm was engaged last January and this was December. One of the issues which the firm stated was the inability to raise information. The firm took the matter into its own hands and developed a formula. He asked if that formula had been reviewed by the City's department. He also asked if there were any case law regarding carriers paying local to local and therefore the local was owing the money. Jackson replied that the issue of whether the access should be subject to the local franchise ordinances under the terminology h.~4d not been decide;A. The firms process had been reviewed with staff. Council Member Miller felt that there were two issues. one was the dispute between GTE and the City and between the Bell system and a number of other cities in Texas and that was what should be considered in the base on what franchise fees were paid. Jackson replied that it was virtually the identical issue. Council Member Miller asked if the information which ;:he City had asked for and for which GTE refused to supply was the information relative to the long distance services. Jackson replied correct that the firm had asked for all access data within the City limits of Denton and that had not been provided. Council Member Miller asked if some of the ;2.8 million was in that area of dispute. He felt there were two issues to look at. One was the auditing of what being collected now in the way of franchise fees. That would make sure that what the utility was collecting was truly being paid to the City. GTE had admitted that 0 it was not collecting some franchise fees. Jackson replied correct that GTE was not collecting franchise fees on network access. Council Member Miller stated that he was a rate payer in the City of Denton both as a reiA dential and business phone. He had an item • • ® on his bill which indicated a 2% municipal franchise fee. Just as on the sales tax, on this amount, GTE was not paying, it was collecting the money. ~ I 0 y • ca • II1 /ir r ill _..L~_ City of Denton City Council Minutes ,l December 20, 1994 % 2 O~ 59 Page 7 Jackson replied that his firm was unable to verify whether all of the money that GTE was collecting in franchise fees were being remitted to the City. Council Member Miller stated that GTE had not provided enough information to know that everything they collected had been paid to the City. Jackson replied correct. Council Member Miller stated that the $1.5 million would come from the long distance carriers. GTE received a certain amount of revenue and on that revenue, the City stated that 2% of that was $1.5 million. Jackson replied correct. Council Member Miller stated that if the legal issue were settled and legally, the city could collect that and GTE would have to comply, would there be a line item on the phone bill that indicated a long distance charge, access fee, and that the rate payers were paying that 2%. Jackson stated that there would be no way to answer that. The money that GTE would receive would be received from the long distant companies. How GTE and MCI would recover that money could not be predicted. Council Member Miller felt that there were two separate issues. one was the issue of the audit in wh;cn it was not clear that the City was being paid for everything collected. The second issue was a determination of what was the base for collections. GTE had admitted that it had not collected money on some of the items and an audit was trying to verify an amount of money which they had not collected. • Jackson replied that those were two very distinct issues. First of all, was GTE paying on the revenue base that they acknowledge they should be paying on, second, what was the total amount of revenue that they were not paying on what the city interpreted that they should be paying on. If GTE argued that the City had not collected in the past and therefore, GTE should not have to pay on it, in effect, that was the same argrment which a small business man could • make to sot collect sales tax. • • Council Member Miller stated that the City had the opportunity since 1988 to clarify that issue each year and had not done it. He asked for separate information to audit the fees pair', by the I 0 0 I • • City of Denton City Council Minutes December 20, 1994 Page 8 7J opt; citizens of Denton. Due to a time constraint, this item was continued during the Regular Session. 4. The Council receive a report, held a discussion and gave staff direction regarding the establishment of the Ruth I. Anderson Estate Trust Fund for youth programming. Due to a time constraint, this item was considered during the Regular session under Miscellaneous Matters from the City Manager. 5. The Council received a report, held a discussion and gave staff direction regarding a 511 telephone system. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the city Manager, 6. The council received a report, held a discussion arid gave staff direction regarding proposed revisions to the temporary street closure procedure. Due to a time constraint, this item was considered during the Regular session under Miscellaneous Matters from the city Manager, 7. The Council received a report, held a discussion and gave staff direction regarding the selection of a Toen Court Hoard of Directors and Juvenile Crime Interagency C"lition Members, Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting on Tuesday, December 20, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Counc±l. Members • Chew, Perry, and Smith. ASSENT: Council Members Cott and Miller. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of • Allegiance. • . 2. The Council considered approval of the minutes of October 4, 1C, and 25, 1994. • f Ga City of Denton City Council Minutes ~j S7 December 20, 1994 Page 9 Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council returned to Work Session Item J3. 3. The Council received a report, held a discussion and gave staff direction regarding an auditor's report from Reed and Stowe relating to the GTE franchise. Council Member Miller returned to the meeting. Council Member Miller stated that the 1988 audit had dealt with the same issues. He asked if it were usual to go back further than a six year period and reaudit someth!ng already audited. Jackson replied that it was not unusual. Council Member Miller asked if it were done quite often. Jackson replied that his firm did many rate studies and cost allocation studies and it was not uncommon to go back six years particularly in the telecommunications area where there were rapid changes in accounting procedures and services provided. Council Member Cott returned to the meeting. Council Member Miller asked if it would be possible to ask for two sets of information. One set would be to audit the areas GTE had collected franchise fees on to be able to determine if the City had received all of those funds. The second set would request the other information which was in dispute in terms of whether it was i appropriate to be in the base. i Jackson replied that that could be done by taking the request they had sent out and split it in half. It would not be covering any now territory with that technique. Council Member Miller felt that it would be helpful to know that those questions had been asked k•as,ed on that information. Jackson replied that that had already been asked for and the information was not provided. • council Member Miller asked how many cases of this type had been before the Public Utilities commission where fges had not been collected which should have been collected and it had made a determination regarding the case. • • s City of Denton city council minutes December 20, 1994 (i S Page 10 b~ Jackson replied that there had been several rate cases and settlement issues and issues telecommunications companies had requested rate increases or recovery of certain expenses. Council Member Miller asked about franchise fee cases. Jackson replied that there had not been many franchise fee cases. Council Member Miller asked if the issue currently in court were settled, would it clarify some of the City's issues. Jackson replied that it depended on the settlement. There could be a settlement before the trial where the company did not admit any liability or did not admit that any services were subject to the ordinance. A jury trial might issue a statement that the services were subject to the fee or it might award a certain amount of money to the cities. Council Member Cott suggested looking at the statute of limitations regarding this issue. He requested that the City take a look at how much had been r•pent on this issue, how much was :eft to go on this issue and the potential for recovery of money. 3. Public Hearings A. The Council held a public hearing and considered adoption { of an ordinance rezoning .574 acres from a single-family (SF-7) zoning district, to multi-family (MF-1). The site was located near the southeast corner of Locust Street and Coronado Street. (The Planning and Zoning commission recommended approval 6-0.) Frank Robbins, Executive Director for Planning and Development, stated that the proposal was to rezone from SF-7 to MF-1. The applicable Denton Development Plan policies in this case dealt with intensity. The particular intensity area was 168% overallocated. The applicable policy was least intense, most logical. The property was surrounded by other multifamily developments and the most logical use for the property was for apartments. The Mayor opened the public hearing. No one spoke in favor. ® No one spoke in opposition. ' • The Mayor closed the public hearing. The following ordinance was considered; • 0 "i . • a • E City of Denton City Council Minutes Q~lf December 20, 1994 c Page 115 9 NO. 94-232 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE-FAMILY DWELLING DISTRICT (SF-7) TO MULTI- FAMILY DWELLING DISTRICT (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0,574 ACRE TRACT OF LAND LOCATED ON N. LOCUST STREET APPROXIMATELY FO►JRTEEN FEET SOUTH OF CORONADO STREET; PROVIDING FOR A PENALT: IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll Vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance adopting a Detailed Plan and changing the zoning district from duplex (2F) to Planned Development. The .1510 acre tract was located approximately 61 feet east of the northeast corner of Carroll Blvd. and Prairie Street. (The Planning and Zoning Commission recommended approval 7-0.) Frank. Robbins, Executive Director for Planning and Development, slated that the proposal was to rezone the property from 2F to planned development and to approve a detailed plan. The difference in intensity between the proposed bed and breakfast facility and the 2F zoning made the proposal in accordance with the existing intensity. The site was in an urban center and the use was very consistent with the development in the area. The Mayor opened the public hearing. Margorie Waters stated that she would answer any questions regarding the petition. I • Mayor Pro Tem Brock asked if this would be adjoining an office. Waters stated that the office would be next door but not adjoining. No one spoke in opposition. A The Mayor closed the public hearing. • The following ordinance was considered: • w • City of Denton City Council Minutes December 20, 1994 Page 12:~lotR I Lil t_ NO. 94-233 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLING DISTRICT (2F) TO PLANNED DEVELOPMENT 154 (PD 154) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.1510 ACRE TRACT LOCATED APPROXIMATELY SIXTY-ONE FEET (61f) EAST OF THE NORTHEAST CORNER OF PRAIRIE STREET AND CARROLL BOULEVARD) APPROVING A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALLY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Brack seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Consent Agenda council Member Cott stated that in getting the lowest bid, did Peterbilt and what they would have for labor to produce in Denton, qualify their bid in a different way. If the City bought everything from Peterbilt which was made in Denton, did that qualify more for the Peterbilt bid. Tom Shaw, Purchasing Agent, stated that there were no provisions for local preference, The Attorney General had ruled that regardless of a contribution to the economy of a community or to social activities, it could not be considered in a bid. Perry motioned, Smith seconded to approve the Consent Agenda without the SPAN item. On roll vota, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders; • 1. Bid #1681 - EMS Supplies 2. Bid 01687 - Relay Test Set 3. Bid 11688 - 2 Person Aerial Device 4. Bid 01689 - Refuse Trucks 5Y Bid 01690 - Utility Power Source Truck 6. Bid 0'1692 - Feedwater Heater Tube Replacement • 7. P.O. 051653 - Hanson Information System • • B. Fees 1. Upper Trinity Regional Water District • City of Denton City council Minutes L r December 20, 1994 Agoal i No Page 13 A!l, C. Agreement 1. Police Sedans D. Contracts 1. Denton City-County Day Nursery 2. Fred Moore Child Care Center 3. Friends of the Family 4. SPAN 5. ordinances The Council considered the Consent Agenda Ordinances A-G. Brock motioned, Chew seconded to adopt Consent Agenda Ordinances A-G. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye',, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 94-234 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. ( 4.A.1. - Bid 01681, 4.A.2. - Bid 01687, 4.A.3. - Bid 01688, 4.A.4. - Bid 01689, 4.A.5. - Bid 01690, 4.A.6. - 1692) B. NO. 94-235 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING • AN EFFECTIVE DATE. (4.A.7. - P.O. 051653) C. NO. 94-236 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ADMINISTRATIVE AND PROJECT FEES AS PER CONTRACT AGREEMENT WITH THE UPPER TRINITY REGIONAL WATER , DISTRICT; AND PROVIDING AN EFFECTIVE DATE. (4.B.1.) • • D. NO. 94-237 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND AN INTERLOCAL AGREEMENT WITH THE COUNTY OF DENTON TO AUTHORIZE • City of Denton city council minutes December 20, 1994 Page 14^ AQrati~.'t,3rn„ - ' PARTICIPATION IN VARIOUS DENTON COUNTY CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. (4.C.1.) E. NO. 94-238 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (4.D.1.) F. NO. 94-239 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (4.D.2.) G. NO. 94-240 AN ORDINANCE APPROVING, AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (4.D.3.) H. The Council considered adoption of an ordinance authorizing the City Manager to sign a contract between the City of Denton and SPAN. (4.D.4.) Council Member chew left the meeting with a potential conflict of interest as he was a member of the SPAN Board. Perry motioned, Smith seconded to approve the Consent Agenda item. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. • The following ordinance was considered; NO. 94-241 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON I AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED; ® AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE • EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. r r City of Denton City Council Minutes December 20, 1994 C'r: G• Page 15 A~mit1^No !j_.rrpp Perry motioned, Smith motioned to adopt ordinance. On roll vote Brock " and Mayor Ca Mayor Ca Cott "aye'$, Miller "aye',, Smith 'laye", Perry "aye",, stleberry l'ayelt. Motion curried unanimously. I The Council considered adoption of an ordinance prohibiting parking of vehicles on certain portions of Maple Street. (The Traffic Safety Commission recommended a Council Member Chew returneJ to meeting, approval.) Rich Svehla, Deputy City Manager, stated that this ordinance as well as the next dealt with parking on Highland and Maple streets, These mmatteraitreawasswediresoricovginredaltlyatsigtnehdadasnnoevepab6enrkingformabut aapp oved f with an ordinance, y pp roved , The following ordinance was considered: f t NO. 94-242 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF PLE PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY SNOT ETO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE, Smith motioned, Brock seconded to adopt the ordinance. On roll vote, Brock 'laye'r, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry hays". Motion carried unanimously. { J. The Council considered adoption of an ordinance prohibiting parking on certain portions of Bernard Street, (The Traffic Safety Commission recommended approvdl.) The following ordinance was considered: • NO. 94-243 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE J PARKING OF VEHICLES ON CERTAIN PORTIONS OF BERNARD STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. ® Smith motioned, Perry seconded to adopt the ordinance. • • Vote, Brock Playelt, Cott "ayell, Miller "aye", Smith "ayetn Chew roll "ayePf, Perry Playelf, and Mayor Castleberry Ilayeto. Motion carried unanimously. 0 City of Denton City Council Minutes December 20, 1994 l~f~!1';!fOf Page 16 K. The Council considered adoption of an ordinance prohibiting the parking of vehicles on certain portions of Lakey Street and certain portions of Wilson Street. (The Traffic Safety commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this area was a vacant lot near the Fred Moore Park. The NICE group had asked that parking be removed in this area as there was a concern that individuals gathered in the area after the park was closed. The following ordinance was considered; NO. 94-244 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF LAKEY STREET AND CERTAIN PORTIONS OF WILSON STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Chew seconded to adopt the ordinance. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith 'faye", Chew "aye", Perry "aye", and mayor Castleberry "aye". Motion carried unanimously. L. The Council considered adoption of an ordinance prohibiting the parking of vehicles on certain portions of Ruddell Street. (The Traffic Safety Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this was a request from TWU for removal of this parking and also from motorists in the area. This was a quite heavily traveled area and parking on the street prohibited some access in the area. The following ordinance was considered: NO. 94-248 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF RUDDELL STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARSI AND DECLARING AN EFFECTIVE DATE. ® Smith motioned, Perry seconded to adopt the ordinance. on roll r vote, Brock "aye", Cott "aye", Miller "aye", Smith "ayes', Chew „aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 1 ~ O , • ra City of Denton City Council. Minutes 0 December 20, 1999 ~1}A"d2 N0_ Page 17 ~fjrw[r eq M. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment Number One to the agreement with the City of Denton and the Denton City-County Day Nursery to provide for the construction of improvements to drainage and to extend the agreement term one year in exchange for additional fees. Barbara Ross, C•mmunity Development Administrator, stated that in the 1999 Fin"l Statement, the Council approved expenditures to renovate the City-County Day Nursery. That rehabilitztion had been completed. In the 1994 Combinod Statement, the Council approved additional money to do the Irsinage improvements on the playground. It was felt that it was more efficient to amend the existing agreement rather than do a new agreement. The following ordinance was considered: NO. 94-246 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE TO THE AGREEMENT WITH THE CITY OF DENTON AND DENTON CITY- COUNTY DAY NURSERY TO PROVIDE FOR THE CONSTRUCTION OF IMPROVEMENTS TO DRAINAGE AND TO EXTEND THE AGREEMENT TERM ONE YEAR IN EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried I unanimously. 1 N. The Council considered adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification of Captain who are also assigned to perform the duties of EMS Program Manager. City Aanager Harrell stated that, the next two ordinances reflected the 4.6$ increase authorized per the new budget. The following ordinance was considered: NO. 94-247 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT ' p e EMPLOYEES IN THE CLASSIFICATION OF CAPTAIN WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF EMS PROGRAM MANAGER; AND PROVIDING AN EFFECTIVE DATE. A 0 • • City of Denton City Council Minutes lt;,"°~lt)!? December 20, 1994 J..~:r7a5 Page 18 Cott motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 0. The Council considered adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification of Driver who are also assigned to perform the duties of Maintenance/Logistics Officer. The following ordinance was considered: NO. 94-248 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION DRIVER WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF MAINTENANCE/ LOGISTICS OFFICER, AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "ayell, Cott "aye", Miller ~Iayell, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. P. The Council considered adoption of an ordinance amending the 1994-95 annual budget of the City of Denton by a.cepting funds in the amount of $10,280 from United Way of Denton and expending such funds for recreational programming for low-income and non- English speaking children residing in the Owsley neighborhood. Kathy Dubose, Executive Director for Finance, stated that this ordinance amended the the 1994-95 recreation fund budget. It allowed the City to receive funding from the United Way for youth programs in the owsl.ey neighborhood. Originally the United Way implemented these programs through the Denton YMCA brit that was no longer possible. The following ordinance was considered: NO. 94-249 AN ORDINANCE ,MENDING THE 1994-95 ANNUAL BUDGET OF THE CITY OF DENTON BY ACCEPTING FUNDS IN THE AMOUNT OF TEN THOUSAND TWO HUNDRED EIGHTY DOLLARS ($10,250) FROM UNITED WAY OF DENTON AND r EXPENDING SUCH FUNDS FOR RECREATIONAL PROGRAMMING FOR LOW- INCOME AND NON-ENGLISH SPEAKING CHILDREN RESIDING IN THE OWSI.EY NEIGHBORHOOD; PROVIDING FOR PUBLICATION HEREOF, AND PROVIDING AN EFFECTIVL DATE. • 7r1,~daNO C City of Denton City Council Minutes . • December 20, 1994 Page 19 Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brook "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council considered the work Session Item P'4. 4. The Council receive a report, held a discussion and gave staff direction regarding the establishment of the Ruth I. Anderson Estate Trust Fund for youth programming. Janet Simpson, Superintendent of Leisure services, stated that the Department had received $30,000 from the Ruth I. Anderscn estate to be used for low income children or youth at risk programs. The proposed program was geared toward teens to participate in activities to build self-esteem, life skills, career planning and field trips for cultural experiences. The youth involved would also participate in community participation projects and fund raisers to earn enough points to be eligible to go to Washington, U.C. council Member Cott asked what would happen rith the E:rogram at the end of the two years. Simpson stated that it was hoped to use this money as seed money and that part of the program would actively seek grants and other sponsors to enable to the program to continue over save.^al years. Council Member Cott suggested going slower in the beginning in order to not run out of money. Mayor Pro Tem Brock asked for the number of individuals involved in the program the first year. Simpson replied that the number would be kept at 12 so that the ratio wJ,th staff workers would be low. r • Mayor Pro TEm Brock asked what kinds of community projects would be done. Simpson replied that the teens would decide from a variety of options such as neighborhood improvement, etc. ® Brock motioned, Chew secondea to approve the concept. On roll • • vote, Brock "aye", Cott Faye", Miller "aye", Sm th "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I y y City of Denton City Council Minutes uUt December 20, 1994 Page C S 9 J 6. Resolutiona A. The council considered approval of a resolution authorizing the acceptance of funds from the Ruth I. Anderson Estate; authorizing the creation of a trust fund and approving a budget for the I.M.A.G.I.N.E. Youth-At-Risk Program to be administered by the Parks and Recreation Department. The following resolution was considered: NO. R94-074 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE RUTH I. ANDERSON ESTATE; AUTHORIZING THE CREATION OF A TRUST FUND AND APPROVING A BUDGET FOR THE I.M.A.G.I.N.E. YOUTH-AT-RISK z PROGRAM TO BE ADMINISTERED BY THE PARKS AND RECREATION DEPARTMENT; AND DECLARING AN EFFECTIVE DATE. Chew motioned, Perry seconded to approve the resolution. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Vision Update There was no report for this meeting. S. The Council considered a nomination to the Keep Denton Beautiful Board. Council Member Cott nominated Doug Ebersole for the Keep Denton Beautiful Board. 9. The Council considered nominations to the Denton County Housing Finance Corporation. • City Manager Harrell stated that this item concerned nominations which the council made to the Denton County Commissioners Court for appointment of individuals to serve on the Denton County Housing Finance Corporation. The current City members were Mark Chew, Charles Hopkins, Sinnie McAdams, Lloyd Harrell and Ray Stephens. At a recent meeting of the corporation, Chairman Don Hill announced that the six year term for a.l of the Corporation members ¢s would expire as of January 1, 1995 so the Commissioners Court would be required to appoint all eleven members to carry out the business of the Corporation. The City was requested to provide to the county five members it would like to nominate to the Corporation. The Corporation provided and assisted with low/moderate housing 1 A 0 • r City of Denton city council Minutes December 20, 1994 Page 21 rl-. S~das9 needs in Denton County. Its main function was to issue revenue bonds used for first time home buyers. It also had independent money which it used to help with low/moderate housing project3 in Denton County such as the Southern Hotel project and matching funds the City needed for its HOME program. These were critical nominations and the City representatives were very diligent to make sure the funds were not diverted from their original purpose. These were six year terms and if a vacancy occurred before the end of a term, the Corporation appointed a member to complete the term. Five of the eleven members had to be residents of the City and it had been a tradition that the Commissioners Court had honored the nominations made by the City Council. Council Member Smith stated that the nominations made six years ago were members of the City Council at that time. She felt that was a good pattern to follow to continue to have city council Members on the Corporation except for Ms. McAdams who had a position on the State Corporation. Council Member Smith nominated mark Chew, Lloyd Harrell, Bob Castleberry, Linnie McAdams, and Harold Perry to the Corporation. on roll vote, Brock "aye", Cott hays", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Miscellaneous matters from the City Manager. The Council returned to the work Session items. 5. The council received a report, held a discussion and gave staff direction regarding a 511 telephone system. Richard Foster, Public Information officer, stated that the City of Dallas was also looking into the possibility of implementing a 511 system for non-emergency items. This system would access non- emergency services to rep,5rt such items as a street light out, high w weeds, etc. In order to have this system, there would have to be a consolidation of the dispatch functions which Denton currently did not have. The system would have to include solid waste, streets, etc with the 911 calls. A dispatcher could send out the proper equipment or complete a work order to have the problem corrected. The system would be operated 24 hours a day. Concerns of Dallas were that there would have to be some type of system to ® achieve selective routing to go to the correct entity, the Public • utilities Commission had to approvo such an item and the cost of such a system. A final concern was that Dallas did not want its dispatchers to become a switchboard in order to access individuals in the organization. It was felt that over time that would resolve • 0 ; • c.~ ~lorM~No:_Oj City of Denton City Council Mj.nutes December 20, 1994 G1~ Page 22 t~_ S 7~gs itself. He had visited with GTE regarding this issue and the technology was available for selective routing. Main concerns were that the system would have to work thtujg!± the 911 data base, would have to be approved by the PUC and the unknown cost factor. Council Member Perry stated that he had two objections to such a system. He felt it would add another layer between service personnel and the community. Also if the system were connected to 911, it might become confusing with 911. Another number should be used which would not be confused with 911. 6. The Council received a report, held a discussion and gave staff direction regarding proposed revisions to the temporary street closure procedure. Veronica Oglesby, Admin.strativt, Assistant, stated that this was a request from Council to streamline the street closure procedures. Currently an organization must make a written request to be placed on an agenda to the city Manager's Office nine days before the Council meeting and complete a street closure request. With the proposed procedure, the individual or organization would be required to submit a letter of request and complete a street closure request 14 days before the event. That request would be reviewed by the City Manager's office and any affected departments. Final approval would be given by the City Manager's Office. If the request required any exceptions to the noise ordinance or other exceptions, the request would go to Council. Miller motioned, Smith seconded to proceed with the revisions, on roll vote, Brock "~aye't, Cott "aye", Miller "ayelt, Smith 'raye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council received a report, held a discussion and gave staff direction regarding the selection of a Teen Court Board of Directors and Juvenile crime interagency Coalition Members. • Harlen Jefferson, Director of Treasury Operations, stated that the Council needed to appoint members to the two boards, During November staff had met with the agencies which were chosen to provide counseling services for the program. The Commissioners Court was receptive to the idea of a teen court and were willing to support the proposal to the same extent which the supported court programs in other cities. Staff had met with Judge Sandra • ® Chapman and Judge Barbara Gailey who both indicated support teen courts and would be willing to serve on the Board tthe Directors. Don Hill supported the idea of the County assisting with the finances of the teen court. Staff was requesting that • O 0 City of Denton city council Minutes ^~oI ladlo _qt! p U~ a1 December 20, 1994 lN` Page 23 t}-sIr r ags9 Council select board members for future appointment. Members of the Coalition were appointed to three year staggered terms. Some current members of the Task Force who agreed to serve on the coalition included Elizabeth Garrett and Sgt. Burns. Council Member Miller asked for the number of members of the Board of Directors. Jefferson replied that there were eight members, two appointed by each organization involved. The Board would elect its own chair and develop its can by-laws. Council Member Miller asked for the number of members on the coalition and would the Task Force members be appointed. Jefferson stated that not all members of the Task For.ne were still in the community. The structure of Task Force could work if the Council used the agencies represented and ask those members if they were still willing to serve on the coalition board. Any gaps would then need to be completed. Mayor Castleberry stated that the staff recommendation was to have 1 the Council select two individuals for the Teen Court Board of I! Directors and the members to the Juvenile Crime Interagency Coalition. Council Member Cott felt that there were not enough conservative members on the proposed board. Chew motioned, Perry seconded to accept the concept as recommended by staff. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew '$aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Lloyd Harrell, city Manager, stated that staff had received a fax from the Department of Justice which indicated that o Denton had been approved to hire three police officers under the Crime Bill. 11. There was no official action taken on Closed Meeting items discussed during the work Session. 12. New Business • There were no items of New Business suggested by the Council for future agendas. • p • City of Denton City Council Minutes 'gandaNo_~ _.O December 20, 1994 Page 24 ngandalloln Rite 59OlG3 13. The Council convened into a Closed Meeting to discuss the following: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. The Council held a discussion regarding a response to the letter of November 30, 1994 to Lloyd V. Harrell from GTE relating to Article 13 of the City Charter. 2. Considered settlement offer in Sor y. Pity of Denton. 3. Considered settlement demand in David Rose v, City of Benton, B. Real Estate Under TEX. GOVT CODE Sea. 551.072 1. Discussion regarding property acquisition on Foster Road and Edwards Road, C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Continued annual evaluations of the Alternate Municipal Judges, the Part-Time Municipal Judge, the Municipal Judge and the City Manager. With no further business, the meeting was adjourned. BOB CASTLEBERR , MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC00237 • • r • - - EC ITY~- - -COUNCI: o' ot 41 4 ` o G w • GG • m DATE: February 71 1995 ApAndalteM Date CITY COUNCIL REPORT ~3 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City manager SUBJECT: Amending .494 acres or Planned Development No. 119 RECO~FdDATION: See attached report. SUMMARY: See attached report. BACKGROUND: See attached report. c PROGRWDEPARTMENT~ OR GROUPS AFFECTE None. FISCAL WA=: None. Aeapea ully submitteds eal Prepared by: Lloyd V. Harrell, City Manager G. Owen Yost, ban Planner j Approved: Frank H. Robbins AICP ® Executive Director of Planning and Development • AXXOD73D • ~ :i ad m 4~ ~ ~~tlatN.°h ~ 7 1~i11N. O w 0 nndsNo Pi8 REPORT Jfttll-_J_ Tot Mayor and members of the City Council Case No.s Z-94-030 Keating Dates February 7, 1995 OmMERAI. TNFORKATION Applicants William Cudd III, Frank Cudd, Carl Stocker 2412 Old North Road Denton, TX 76201 (represented by Metroplex Engineering) Current Owners same Requested Actions Consider an amendment to the Detailed Plan of a portion (lots 1R, 3, 4 and 8) of Planned Development No. 119 for Northwood Gardens Professional Office Park. The amendment would allow an addi- tion of up to 4,000 sq. ft. (as shown on the detailed plan) onto the building located on lot 1R. Location and Bizet The .494 acre tracts, located within a larger (18.2 so.) planned development, are located near the northeast corner of Old North Rd, and University Dr. (Hwy. 0 380). Surrounding Land Uses and Sonings North - Residential use, in SF-10 zoning. South - An unbuilt portion of PD-119, planned for office use. A East - An unbuilt portion of PD-119, planned for f • office use. West - The right-of-way of old North Rd., across from which is SF-10 zoning. 0 • 0 Case No. Z-94-030 rgvIANO_. February 7, 1995 Page 2 Cb-~3 Denton Development plan: Intensity area No. 42; moderate intensity. (84% allocated) SPECIAL INFORMATION Transportations The existing transportation infrastructure will satisfactorily handle the proposal. Utilitiese The existing utility infrastructure will satisfactorily handle the proposal. No additional public improvements are needed. Drainages The existing drainage infrastructure will satisfactorily handle the proposal. t The applicant will replat Lot 1R, prior to receiving a buildinq permit, revising an eaaement location. HISTORY The entire planned development (18.24 ac.) was created as a Concept Plan from property zoned SF-10 by the 1969 zoning map, in 1986 via ordinance 86-172, It became PD-119. 3,938 acres of the planned development (including the subject site) was then Detailed Planned, by Ord. 88-003, in 1988. The develop- ment schedule for the 3,938 acres was subsequently revised later that same year by Ord. 88-126. The entire planned development was proposed as offices, and O parking was provided at a ratio no less than one space per 300 sq. ft. of structure. Some of the structures lator became used as medical officer/clinics, which typically require more parking, without a corresponding change in the site plan. However, extra parking was provided by the developers, not because it was required, but to make the offices more attrac- tive to lease. • a~ _ A~endaN or~t.~~°. Case No. „ 94-030 Afl _ G February 7, 1995 Page 3 NOTIFICATION" 'UU Eleven notices were mailed to property owners within 200 ft. of the site. At this writing, two replies have been returned in favor of the proposal, and none in opposition. ANALYSIS _ The proposal translates into only a very slight increase in intensity on lot 1R, to be offset by a corresponding decrease in intensity elsewhere within the planned development. This is due to a "cap" on the Floor-to-Area ratio ("FAR") on Lot 1R of 1.05. The study area is underallocated. RECOXXINDATION The commission recommends that the amended detailed plan of Z- 94-030 be approved. ALTER24ATIVEE 1. Approve application. 2. Approve application with conditions, i 3. Deny application. i 4. Postpone consideration. II i ATTACIMUTS I 1. Location map. 2. origintil planned development. • 3. Proposed Detailed Plan. 4. Draft ordinance. 5. P&Z minutes of 12/14/94. AAX00741 •i. 1 l w t ~ ln~r"IKin yCl ATTACHMENT 1 'JO_, r -S 13 NORTH .40 SITE • r `~i•Q"'~ a ~E ~ F Aft ~ , 3 E Mle j W'1~ i ~I ~ ~Iy IL !r i2s mail Loaitioa map i f • • v \ V-10 ~ f W., l ! 1. SF -so O.R. C~\\\~~ r~%i/i/ N M / r • G/rs~~~r COMM. / err i PAN ROPLAX • Gtr c W-UPOT +K.an~ OAFKMy o CWL OPPa1C6 CtXDl7 CMVELOPMMNT J c • o • as ~{►Bndp~l0 C - ATTACHMENT 3 a~JOC~iI~ LOT LOT 7 r Tc} 7 .-If nor b WAC J. WR _J 1 ~ FIROPos(o / ;c \ LOT d I / A / ^ r `°M,a n cxistuvc rur r KE) 1 LOT 7 / I Ir~eK 1 LNE OAIf j BNADFORU PEea j, APQ0NA ASi4 1 i • as ❑oCfh Iu.,rd 5A An „ ATTACHMENT 4 ORDINANCE NO. 15 pb LS AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 86- 172, 88-003 AND 88-126 BY AMENDING THE DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 119 (PD-119), LOCATED ON THE NORTHEAST CORNER OF U.S, HIGHWAY 380 AND OLD NORTH ROAD, WITH RESPECT TO 0.494 ACRES OF THE 18.24 ACRES THEREIN CONTAINED, AS SHOWN IN THE DETAIL PLAN AMENDMENT ATTACHED AS EXHIBIT B; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOiINT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. William Cudd III, Irank Cudd, and Carl Stocker have applied for an amendment to Planned Development No. 119 (PD-119), as defined by Ordinances No. 86-172, 88-003 and 88-126, with respect to 0.494 acres of the 18.24 acres therein defined, more particularly described in Exhibit A, to authorize development in a manner consistent with the detail plan amendment attached as Exhib- it B; and WHEREAS, on December 14, 1994, the Planning and Zoning Commis- sion, after a public hearing, recommended approval of the requested changes; and WHEREAS, the City Council finds that the proposed amendments will be in compliance with the Denton Development NOW, THEREFORE, THE COUNCIL OF TAE CITY OF DENTON HEREBY ORDAINS: SECTION Iy That Ordinance No. 86-172, as previously amended by Ordinances 98-003 and 88-126, providing approval of a planned development zoning district classification and use designation. (PD- 119) for 18.24 acres of land, is hereby amended with respect to 0.49.1 acres of land located therein, and more particularly des- cribed in the legal description attached hereto and incorporated herein as Exhibit A, by adopting the detail plan amendment, at- tached hereto and incorporated herein as Exhibit B for all purposes. • SECTION II. Thai the provisions of this ordinance as they apply to the 0,494 acres described by Exhibit A govern and contrQ1 ever any conflicting provisions of Ordinance No. 86-172, as amended ty Ordinances 88-003 and 88-126, but all the provisions of said Crdinances as they apply to that remaining portion of the PD-119 zoning district classification and use designation not herein e amended shall continue in farce and effect and shall apply to the remainder of said district. • SECTION III, That a copy of this ordinance shall be attached to ordinance Nos. 86-172, 88-003 and 88-126, showing the amendment herein approved. SECTI N IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding • as Mentla No~~L iff) - $2,000.00. ~J Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1994, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: - r PAGE 2 • b 1 • Q+ ~erd2Al0 ••-1 S~005- SW LEGAL DESCRIPTION cm '1•NACP f (L.ots JR, 3 mid 4) Doing u11 of lots M, 3 will 4, Block I, Noillrevaxl Uwdcns Professional' (NTiec Park, m addilioll to the City of Depiloli acCOldinr Iu liar We Ikil wcoidol in C;ihiucl '(i,' la pe, 267 ul' the Hill Itccolrls of Delliuli Coll illy, 'l'ean., TRACI' 11 (Proposed Lot 8) Doing all Ihal cctlaiw 0.116 Acre liacl nl Innd silaalcd in ILL' ('wrier Survey, Alrarucl Nond+cr 275, mid in the RAI, Longboltom Survey, Ah.lIwcl Nuoilm 775, Delilon Couuly, "Texas, said 0.116 acre tract being more parlicularly described as follows; coluutenciug Ill Ilse. most suulhern suulhrazl corner of Lul 7, lilork 1, Norllmood Giudetts Professionals' Office an addiliou to the Cily of IXawon according to the rehlal rocordcd in Cabiiwl V, Pugs 267 of the Plal KCCOIds of Dolton County, TVN;is; 't'hence North 24 degrees 18 whwle:< 00 seconds East rvilh 'Ill casl line r1' said LoI 7 it dislauce of 69.78 feel Io the Place of Bcghuiiog; Thence Soulh 65 degrees 42 miante. 00 seconds Etrsl a di>I;rlle[' Of 18.00 feel to ;r I+oittl fur Ike solllheast cooler of Ille herein descrihcJ noel; 'I'heoce N0111i 24 degrees 18 miuulcs 00 wr:vn k Bast i dknww -c of 262,117 fry I to it puiul lire curliet; Thence Nollh 01 drg,rccs 19 minnle•s 15 xCcoadls Wen n dkl;ince 01''I1 6.1 feel to a cutucr ol'sai I Lot 7; Thence south 24 degrees 18 mirmies 00 ~ccuorly West with ;ill cast line o1• said Lot 7 a dislom.( of 299.60 feet to the Place of i eginniop, caul,lining in till O.I 1( news ul' land. f ATTACHMENT 5 XXMUTSS ~G~d2No C VJ PLJ1MNO WD SOXX Q OOXMISSIO1f AQPG~~ti,'101t~J December 14, 1994 1k3ig_.~ The Regular Meeting of the Planning and :Coning Commission of the City of Denton, Texas was hold on Wednesday, December 14, 19940 and began at 5:00 p.m. in the City Council chambers, 215 E. McKinney. Present: Mike Cochran, Richard Cooper, Mary Evelyn Huey, Richard Norton, Barbara Russell, Ellen Scherta. Absent: Katie Flemming Present from Staff: Frank Robbins, Executive Director Planning and Developments Jerry Drake, Assistant City Attornsyt Owen Yost, Urban Plannert David Salmon, Senior Civil Engineart Gerald Cosgrove, Engineering Administratort and Chris Rodriguez, Secretary. Ms. R.:ssell: Meeting called to order at 5:05 p.m. 1. Consider approval of the minutes of the November 30, 1994 meeting. Ms. Russell: I ask you to consider approval of the minutes. Dr. Huey: Madam Chairman I have some corrections. On page one my name should be Mary Evelyn. I will give the other small corrections to the secretary, Mr.. Drake: Madam Chairman I just have a couple of corrections to make. On page 30 where I was quoted in the third line '$a discretionary function" should be "the discretionary function". On page 31 the word formally should be formerly. In the first line aide should be side and in the third line towards the and of the line there should be a comma after the word this. + Ms. Russell: Are there any other corrections? I Dr. 'iuey: I move for approval as corrected. Mr. Cochran: V11 second that. Ms. Russell: All in favor raise your right hand. All opposed same sign. Approved (4-0) • (Mr. Norton and Mr. Cooper have not arrived yet.) • II. Hold a public hearing and consider an amendment to the Detailed Plan of Northwood Gardens Professional Office Park. • 0 P i 2 Minutes December 14, 1994 Page 2 t2 0S /3 The .494 acre amendment is located near the northeast corner of University Drive and Old North Road. Ms. Russells The procedures for public hearing are: the Chair opens the public hearing, staff reads the petition and gives their report and makes their recommendation. The petitioner is granted ten minutes to speak to the petition. Persons in favor of the petition are each granted fiv;, minutes to speak. Persons in opposition to the petition are each granted five minutes to speak. The petitioner is allowed five minutes to speak in rebuttal. The Chair closes the public hearing and the staff presents final remarks, Mr. Yost: Madam Chair and Com:iissioners this is a .494 acre piece of land which is part of a much larger Planned Development, It is located near the intersection of Old North Road and University. Some years ago there was a concept pla,: approved for this development, this plan covers 18.2 acres and is proposed as offices. The part that we are considering tonight is just the .494 acre right there on the corner. There is an existing building there right now. There are three or four buildings and a vacant lot. The Planned Development amendment before you now also shows proposed parking. The building in Lot 1R is an existing buildin as are all of the other buildings shown with diagonal lines. One of the changes proposed is an addition on the back of the building in Lot 1R of up to 4000 square feet. Attachment 4 in your backup shows the elevation of that building. There is also a proposed Lot 8 to the east of the core of the site which is to be parking. The existing infrastructure namely transportation, drainage and utilities will handle the proposal. The entire Planned Development which is PD-119 allows parking spaces at 1 space per 900 square feet of building. Part of this development that you see here has been developed as medical office buildings which require parking at { 1 per 250 square feet. It has been determined that for the site here, the .494 acres, there is sufficient parking. The discrepancy between the 1 per 300 square feet and 250 square feet will be discussed later on. There were eleven notices mailed out for tonight's hearing and only one has been returned in favor and that was from the applicant. Before the applicant can build on this property there will need to be a replat to move an existing easement slightly to the east out of the way of the proposed addition. The proposed addition of 4000 feet translates in to a slight addition in the intensity on Lot 1R and in the study area also. Lot 1R is being built nearly to its capacity and that will balance out with a decreased capacity on Lot 5 and subsequent lots. The staff • A ca ' e P & Z Minutes A 123 December 14, 1994 Page 3 /3 recommends approval of Z-94-030 to the Commission with the following conditions: the two-story addition will have the elevation incorporated into the detailed site plan which goes to the Council and secondly that the uses of the buildings be shown. If there are ary questions I would be glad to respond. Dr, Huey: Is the proposed Lot 8 a part of what we need to consider here or is that just there for information? Mr. Yost: It is part of the site plan, and the only proposed use for Lot 8 is future parking and the landscaping that goes with it. There is no building proposed for Lot 8. Dr. Huey: ',o ultimately there will be a Lot 8 that is parking and landscaping only? Mr. Yost: If the commission approves this detailed site plan, Lot 8 will be a parking only. Ms. Russell: Are there any other questions? Would the petitioner care to speak? Is there anyone to speak in favor of the petition? Is there anyone that would like to speak in opposition to the petition? Seeing none and understanding that you would like to waive your right to speak, we will close the public hearing. Are there any further comments that the staff would like to make? Commissioners is there anything t*,,at you would like to discuss? Mr. Cochran: I'm prepared to make a motion to approve this. I move that we approve Z-94-030 with the following conditions attached: that the two-stor,, elevation, attachment 4, be included on the same drawing as the Detail Plan and that the use of the building be shown. Dr. Hueyr I'll second the motion. No. Russell: Any further discussion? All in favor of the motion please raise your right hand. All opposed same sign. Approved (4-0) (Mr. Cooper arrived at 5:20 p.m.) III. Windsor Park Addition, Lots 4R - 7R, Block 3. Located on the south side of Mistywood Lane, B a. Consider a variance to Sec, 34-125(a) of the Subdivision and Land Development regulations regarding the proposed Lots 4R, 5R, 6R and 7R, Block 3, of the Windsor Park Addition. • d AW&No Ap Matt DATE: February 7, 1995 flats `ag; Q f CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Rezoning 4.91 acres from SF-10 to Planned Development RECOMMENDATIt See attached report. kIMMAU: See attached report. BACKGROUND: See attached report, PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Utilities, emergency agencies, property owner. rISCAL IMPACT: None to the City. Respectfully submitted: / Prepared by: qLlo d V. Harrell, City Manager i, • G. Owen Yost, U ban Planner Approved: Wz/;/ Frank H. Robbins AICP Executive Director of Planning and Development AXX0073E • PLANNING i ZONINd COMMISSION REPORT z ~3a Tot Mayor and members of the City Council Case No.: 2-94-029 Meeting Dotet February 7, 1995 j t GENERAL INPGRMATION Applioantt Rick Moore 420 S. Carroll Blvd. Denton, TX 76201 (represented by Burke Engineering) Current Ovner: same Recraeated Actions Rezone 4.91 acres from a single-family (SF-10) zone to a planned development district and adopt a detailed plan. Location and Sims: The 4.91 acre site is loc8ted on the north side of Teasley Lane, across from Sam Houston school. surrounding Land Use and Zonings North - Single-family residences in SF-10 zoning. South - The right-of-way of Teasley Lane, across from which is Sam Houston school in PD zoning. East - A church site and homesites in SF-16 zoning. West - A tier of single-family residences in SF-10 zoning. Denton Duveiopment Plans ® Intensity area No. 79, low intensity. (72$ allocated) d • 41J • CRSe No. Z-04-029 .'ebruary 7, 1995 3 Page 2 CJ2 SPECIAL INFORMATION- Transportations The impe< on the transportation infrastructure is proposed to be handled adequately. Teasley Lane, which fronts the site, is being widened to a four-lane street by the State. The street proposed for the interior of the site will he private, and constructed according to private street standards adopted by the City. The public sidewalk along the frontage will be approximately 351 feet long. utilities: The impact on the utility and electric infrastav,ttirs and. their easements is proposed to be handled adequately. Approximately 7~w -eet of public water line is planned as io 690 feet of storr:.sewer. Three fire hydrants are proposed, as are approximately four street lights. Public electric service will be underground. Drainaget The existing drainage concerns are proposed to be handled adequately. The surface runoff which create& concern at present, will be directed into two concrete curb Inlets, and handled underground. Otherwise, stormwater will be i.!uidled in a private system. HISTORY.,..., The 1969 zoning map showed this area as A ("agricultural"). Case Z-1239 concerned rezoning the area to SF-10. It was approved by Ordinance No. 74-35 in September 1974. • NOTIFICATION:. Thirty-five notices were mailed out to owners within the site, and within 200 ft. of the site. At this writing, two notices have been returned in opposition to the proposal, and one returned in favor. In addition, numerous phone inquiries have , • been handled. The applicant held a neighborhood meeting at City Hall on December 15. (the sign-..n sheet is attached.) Neighbors 3 expressed misgivings about drainage, property values, traffic • 0 4. 0 w~ Case No. Z-04-029 a L1G~ February 7, 1995 ( J Page 7 30 on Teasley, setbacks and small lot size, but were _ not concerned with the proposed fence/gate/access. ANALYSIS_ A. "Gated" aspect: The Planning & Zoning Commission, in order to compare and review proposals of this nature, evaluates "gated" community j proposals using six criteria. The six criteria, and the JJ Commission's findings, follow:: ACCESSt Entry to the private street (Ellison Park Circle) will f be limited to residents, their guests, and parties connected with the Fire Department, Police Department, Utility Department, Electric Department, Solid Waste, Animal Control, G.T.E., Sammons Communications, Lone Star Gas, Denton I.S.D., U.S. Postal Service, and Building Inspection/Code Enforcement. The entry gate will be actuated by a keypad and telephone line to the residences. The gate will also include a device that allows emergency vehicles to remotely operate the gate opener. A public through street in this area is not needed or required. (See Notes 8 and 15 on the Detailed Plan.) INDEMNIFICATION: The homeowners' association will, indemnify the City against claims associated with the private streets, to include any delay caused by the gate at the entrance. (See Note 15). OWNERSHIP OF UTILITIESt The interior street will be privately owned and maintained by a Property owners Association, incorporated under Texas law. The water mains, sanitary sewer mains, electric transmission lines, storm sewer mains, storm drain inlets and sidewalk (along Teasley Lane) will be publicly owned. (See Note 15.) ! PUBLIC STREET CAPACITY= The rroposed entry allows room for three vehicles to line up in front of the gate. In addition, there is space for at least one additional vehicle to stand in front of the gate, outside of the main line of traffic. (See Note 15.) ! MAINTENANCEt Public utilities and Teasley Lane sidewalk will • br maintained and repaired by their respective owners. Private street paving, the security gate, the fence, private storm drains and private landscaping will be held in common and maintained by the property owners' association. (See Notes 9 and 15.) ! O _ y • c~ • .n C il' .'i1 I~rn Casa, No. Z-04-029 a J February 7, 1995 Page 4 JCr PUBLIC COSTS: The cost of mechanical/electronic devices to operate the access gate will be borne by the developer. (See Notes 8 and 15.) B. Zero Tot Line Standards: The proruaed Detailed Plan protects adjoining property from off-rr,of stormwater runoff and enables maintenance of the "zero line" wall . (See Note 14) C. Denton Development Plan Policies; In a low intensity area, the 4.91 acre site is allowed 60 intensity trips per acre (4.91 x 60) or 294.6 trips. The proposed use as 27 homes, at 10 trips per unit, results in 270 intensity trips - below the site's allocation and in accord with the Denton Development Plan's intensity policies. RECOMMENDATION in light of favorable responses to the above analysis, the Commission recommends approval of Z-94-029. ALTERNATIVES 1. Approve application as proposed. 2. Approve application with conditions. 3. Deny application. 4. Postpone consideration. ATTACHMENTS 1. Location map. • 2. Detailed plan. (2 pages) 3. Detailed plan notes. (4 pages) 4. S?gn-in sheet for neighborhood meeting. 5. Draft ordinance. 6. P&Z minutes from 1/4/95. • • • ANNDOnF • 0 • m ATTACHMENT 1 6 c30 ARML r ri SITE a • ELLISON PARK LOCATION MAP 0 0 0 W 0 • ILHwe pri 1""'° IDNH IOI LIIpNI ~..1 I I w• ..,,w lu:Y:lu\LLrrLt! SIZE I r wrA,1w.. - I I ! I I YMMM G.<Y t I i I I I I 1 1 IP i f I I~ I I I I I I- !i I 1-3 Y I I~~ e N i \I II ' j Vlcnuly M(I y n I I ~'J♦I I I 10 I 11 I l7 7 ~ I , ~ or w : 67 .10.1 ~ w - : w f _yL r 1=_ F. I A -W IeL,+[ 1111. r(S Ir♦• II y I f °'f1..~ MY. A 7J it> - • ~..Y.. r IF I ~I DETAILED PLAN N t~ + ~ fvr 1 k:C 6 teal. eM1 lpaw ! ' yy►►►T~~~~~ i.. Ellison Park I R - 1 i ~ ~ 91 . 7 I . 2Y ~Si y 1~ 1 ')1 A( f E~ Gcirder) I-Ionic I. 11InlimmI 4 4 ' X711 u,~- I. 1 p1 n IMbn Rdll III vp, I" {{'l I n °<r w the J McGowon Survey, /1b 7~)! j; ;j D Pr11 on nvnI rjn Coll11t y, lex l}`, 1.. .r I I I I I" t F 19 IB' .r.j I I w I 1 - L.. lik- 77. 1. Owner. 1lr, y'{1 I~rllil uz7 NICK MOORE BuNkE ENCINI'E PING I a wn-- °r OrM on,Ei,l a1 S7620~ O• IIM Auburn rIV# 1 1. '.t. erllr 1l, (817) 382-7206 19? 4948 rIM +/LMI I ~ ~ ~.C~ 1. I I Mp 1 ra r, /1•nwt~oll el '4 a s IM ~ p } • Ea • CAST 31aNe CA~ _ Y-1 .I Saw Ra As~s~eCO~un\ _ 'AWL No3 0RWR11M ;OVr f I d.ll ar 1 .Q I ~l I eRRe.o RoonNo I4 ' ~OLUM_N.- DETAIL N ec~iE - j 100, ci ATE AT *ON 'FeNce LMM4 / ` VNeRE V.OLV ,RON GAre AS 60100 dlr}i tlSJlihrholnlulllU~u1 I ie eerwOAlai 41 CAS 1 Au7Y1_._._ 1EAUEY INNS _ r xpl I _ FENCE~F?LAN n I r ~y • . _ _ Y. GJ Cab OIfAl,aa-~ [Cf a.e W't+ v n^ ~ • ENTRY G._. A 7 E---- M ' a ~ I 7 Q • • t e e.► . e ( lX~~~ ATTACHMENT .3 9 1 36 1. The purpose of development is to provide lots with Wall yards for custom garden homes, A Security gate will provide traffic control. The only permitted use will be detached single family residential dwellings, The 4.91 acres is owned by Rick Moore of Denton. Mr, Moore will develop 27 residential lots and build public water distribution, sanitary sewer collection and storm drainage utilities, plus a private street to Serve them, He will also build houses on Lots 1-27, Houses on some lots will be built against a co mon lot line (Zero Lot Lino). Lot 28 will contain the private street, private security lights, private landscaping and public utilities. :C will be held in common by all 27 property owners, 2. The land is currently zoned SP-10. A PLAMN=D DMLOPMUNT district is proposed for the 4.91 acres, with design data listed below. Minimum Lot Area 5,000 sq. ft. Minimum Lot Width 50' (at front bldg, line) Minimum Lot Depth 90' (at midpoint) Front Building Line 20' from Lot 28 Side Yard Setbacks 20' at Teasley (along the sidewalk and utility easement) Zero a 8' at opposite sides of rectangular lots i Lots 8, 12, A 14 2' S S' at opposite sides of cul-de-sac lots Rear Yard Setback 15xcept Lots B, 12, i 14) Driveway Access Front entry to the private street (no Teasley Maximum Floor Area Ratio 55%su) Maximum Building Haight 2 stories Ratimate Traffic 270 trips/day Open Space zero for recreation= 1,330 sq. foot of Dwelling Denslt landscaping y 5.5 units/acre Remidential Use 3.88 acres Common Area (Lot 28) 1,03 acres 3. A new sidewalk will be constructed along Teasley Lens. Sidewalk will not be constructed along the private street. 4. It is anticipated that construction of public utility, sidewalk and private street improvements will begin during February 1995. S. Baud on FIRM panel 480194 OU20 D, this land is in ZONZ X. There are no creeks, tanks, detention ponds or major drainage improvements on or adjacent e to the property. The proposed development will intercept surface runoff from a substantial area of hillside and route it into a buried pipe system. The system runoff currently flows toward lots 1-6 of Indian Ridge, 6. The Denton city limit includes this and all surrounding land. 7. ')afore requesting a final building inspeotion, each lot will be landscaped with material front the SUOOZ;BTLD PLANT LIST. The following will be planted ® on each lot before final inspections • e A. sodded front yard B. Ten 5 gallon shrubs c. Two 10 gallon shrubs and D. Two 30 diameter trees AAAWFMX • • Ellison Park January 31, 1995 Page 2 f © ~So Mr. Moore will install landscaping and an irrigation system in the front entry island and along the fence at both sides of the entry. That landscaping will be permanently maintained by the property owners association. Plantings are described below. Entry Islands 930 sq. ft. to be planted with 30 crimson pygmy barberry and 90 rondo grass plugs. Shrub height will be maintained at 240 above top of cirb, or lower. Entry FoDco, 400 sq. ft. along outside face of flared parts of ent fence to be planted with 28 Fraser's photinia and six Bradford pears, 8. The front gates will provide partial control of vehicle access to Ellison Park. It consists of two slide gates. The entry gate will be actuated by a keypad and telephone line to the residences. The entry gate will also include a device that allows emergency vehicles to renotely operate the gate opener. acceptability eto tparticular device he Fire Marshal and install Chief, Mr. Moore will bpur hase an adequate number of devices for the City, and provide them to the Fire Marshal and Police Chief at no charge to the City. The entry gate will also include a tail-safe device for opening during a power failure. The exit gate will be actuated by a detector loop imbedded in the street pavement to open when a vehicle approaches. Codes will be provided to the following for routine secesss Fire Department Police Department Utility Department Electric Department Solid Waste Animal Control O.T.E. Sammons Communication Lone Star Gas Denton I.B.D Postal Service Building Inppeotion a Code Enforcement 9. All public and private improvements will cooly with applicable City of Denton regulations. A property owners assoo.a,Ion will be incorporated under Texas law for the purpose of maintaining oosounity facilities. Those facilities include the private street pavement, security lights, security gates, landscaping described in note seven (7), the parimeter wrought iron fence and the private drainage system along Lots 1-7. (Rotor to the attached sheet for details on the wrought iron panel and brick column fence.) 10. Electrical facilities will be underground. They will be constructed, owned, operated and maintained by the City of Denton Utility Department. 11, It in Teasley Lane proposed It to construct a wrought will be located parallel to he state brick right-oof-way ewithin the 10' wide sidewalk and utility easement, at least S' (horizontally) from the sanitary sewer. • 12. A 12' long by 2' high sign will be constructed on the wrought iron fence to the east side of the entrance. The sign bottom will be approximately to S' above ground. It will be illuminated with a flood light shining up from ground level. The fixture will be placed behind a plant or other barrier to shield vehicles on Teasley Lane from direct light. 13. The only off-site improvrvnts proposed are utility extensions (sanit sewer, water distribution and store drainage) to serve the 27 residential • 0 lots. AAA02PW • 0 • Ellison Park January 31, 1996 Page 3 w..}(((JJJ~~`rJ.w1/11I:..~h~G(aR)~.-- \I 14. Special Consideration Along Zero Lot Linest NO part of a structure, including Permanent attachments, will overhang • lot Roof runoff will be minla.ired by sloping the roof to front and back or a gutter will be built along the entire side adjacent to the Zero Lot Lire. A 5' wide Private Maintenance Easement will be dedicated by plat along neighboring lots adjacent to the Zero Lot Line. (Refer to the Preliminary Plat.) 15. Access) Entry to the private street will be limited to residents, their quests and the parties listed in note eight (8). Where not currently adequate, right- of-way to 50' from centerline of Teasley Lane will be dedicated by plat. .III4lIDnlllcatlon, (The following phrases were prepared by Burke Engineering as a sample of Mr. Moore'@ Intent. The final indemnification agreement Is subject to review and approval by the city of Denton Legal Department.) The property L norm association (Association) agrees to release, indemnify, defend and hold harmless the City of Denton and any governmental entity of public utility company that owns public improvements within this subdivision (Indemnitees) from and against any claims for damages to the street, restricted access gates and entrance, landscaping and related appurtenances (Private Improvements) caused by the reasonable use of the Private Improvements by the Indamnitses. This indemnification does not apply to damages to the ^rivate Improvements caused by the design, construction or maintenance of ,:y public improvements owned by any of the Indesutltess. The Amsoolatiun agrees to release, indemnify, defend and hold harmless the Indemnitess from and against any claims for damages to property and injury to persons (including death) that arise out of the use of the Private Improvemants by the Indemnitess and that are caused by the failure of the Association to design, construct or maintain the Private Improvements in accordance with City of Denton standards. This indemnification shall apply regardless of whether a contributing factor to such damages or injury was the negligent acts of omins{ons of the Indemnitse■ or their respective officers, employees or agents. Bach lot owner agrees to release the Indemnitess from claims for damages to property and Injury to persons (including death) that arise out of the use of the Private Improvements by Ind("Aitses and that are caused by the failure of the Association to design, construct or maintain the Private Improvements in accordance with City of Denton standards. • The property owners association and each lot owner shall indemnify the City of Denton from any claims for damages to property and injury to persons (including death) that arise out of a dela) of emergency vehicles caused by the restricted access. 0wnerahic ofd{lity Infrastructuritt The ist drain and electriealwatstone (exceptosecurityaights) in lLott2anwillobe publicl this is, they will be owned, operated and maintained by the City of • • Denton. Some other utilities will also be public) the gas distribution system will be owned, operated and maintained by Lone Star Gas Company) the telephone system will be owned, operated and maintained by General Telephone AAA02FOO • a • Ellison Park ° yo January 31, 1995 Page 6 and electric and the cable television system will be owned, operated and maintained by Easmons Communication (or their successors), Puhl12 street CapapitYl The cspaoily of Teasley Lane will not bs affected significantly by building 27 garden homes, a opposed to 16 SP-10 homes. Stacking beyond Teasley Lane is provided for at least four average size ears at the subd vision entrance, Maintenance i Repair. Public utilities and Teasley Lane sidewalk will be maintained and repaired by their respective owners. Private street pavement, the reourity gyate, wrought iron/brick column fences, private storm drain and privets landscaping will be held in common and maintained by the property owners asecclation. It will be the responsibility of the property owners association to replace or repair the fence along Teasley Lane ! repairs beams necessary due to work performed by City crows on the water main or sanitary sewer. The property owners association will be obliyated by their articles of Incorporation and bylaws to maintain the security gate in operable conditions at all time. The Etat@ of T &@. It will ithe responsibilityr to under the nd lrepair tthe he eachaof thel27tresid ntial lots file limnsrtoysecurre assessments a legal counsel, eta. In order to accomplish association busiipntep ness, A::ocia ion duties will be defined in the bylaws, which will be filed in the public record. Each property purchaser will be provided with full information regarding the property owners association, Including a current estimate of their annual assasamsnt, It is antiolppaated that Rick Moore will maintain control of the association until he Sella the nineteenth house, Kaintenrnos of private facilities will create an additional cost to each lot owner W and costs borne by homeowners where there are no property owner association sosesaments, There will not be additional cost to other cltizans of Denton. The Denton County Appraisal District indicated that property value aseemsments are not affected by the type of street (public or private) that serves tho lot. That mans lot owners in s111son Park will pay for maintenance of the street in front of their homes, the security gate, the wrought iron/brick column fence, private landscaping and the private drainage system. • AAAOVM . • 1 • ATTACHMENT 4 - . All, 13crb `{Y ~42f`y~ r 7-IS M < 1 h ne c mac; WAL T'Aa,~- 7Z9, $.ttOKe RfSE ~~y-.ZZZ7 7 D r Sn+a k.~-; u. cdh inc YY , o 7awy J,,, LE.~,oRa~ d'do Si~akiRlJQ Sis~/~~~ b(-/cwt&K~-e. l3<~~vb~r~ 6►~~ 3g2-f~ 1~ ~ i~f ~ ~4ubrcx~n lJr. 3~s - ~R¢~ .I b~ S"4C 7 t tr -)/~v l0 F s+ta AN"f aos L elm^ Rld 56~ -Si2b lym ,1g. 3k3 57.C) J.tit.t tr~tif,e 3r'f-7.2.27 7620 +'-.w+.+.r...`~". . 1 • ~ r~~~w. ..L; y,.y rye,. - .1 .1 u." ` i ~ 1 rl 1NIS r { 1~~S1J ~Nr 19 rS1 t• 1 • ellienn}.. ord ORDINANCE No. ' L4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY DWELLING DISTRICT (SF-10) TO A PLANNED DEVELOP- MFNT TRACT GLOCATED CON HE CLASSIFICATION SIDE D F TUSE EASLEY DESIGNATION ACROSS FROM SAM HOUSTON SCHOOL; APPROVING A DETAILED PLAN FOR THE DISTRICT- ' AUTHORIZING THG CITY ATTORNEY AND CITY MANAGER OR THEIR DESIGNATES TO REVIEW AND APPROVE AS TO FORM AND COMPLIANCE RESTRICTIVE COVENANTS AND INDEMNIFICATION LANGUAGE CONTAINED WITHIN DEEDS AND PROPERTY ASSOCIATION BYLAWS AS PROVIDED IN EXHIBIT C; PROVIDING FOR A PENALTY IN THE MAXIMUM N'OUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Rick Moore has applied for a change in zoning for a 4.91 acre tract of land located on the north side of Teasley I ne, across from Sam Houston School, from Single Family District (SF••10) to a Planned Development District; and WHEREAS, on January 4, 1995, the Planning and Zoning Commis- sion recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: J ION I. That the zoning district classification and use designation of the 4.91 acres of land describers in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from single Family Dwelling District (SF-10) to a Planned Development District zoning district classification and use desig- nation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That Exhibit B, attached to and incorporated into thi: ordinance by reference, is approved as the Detailed Plan for the district, in accordance with Division 2 of Article IV of Chap- ter 33 of the Code of ordinances, except that the language proposed within Note 15 of the Detailed Plan is expressly disapproved superseded by the language attached as Exhibit C, which is hereby incorporated into this ordinance as a zoning requirement. S CTION II-,III That the City Attorney and City Manager, or their designates, are hereby authorized t-o review and approve as to form and compliance restrictive covenants and indemnification 0 0 language contained within deeds and property association bylaws, as provided in Exhibit C. sPC-Q UV_. That the City's official zoning map is amended to show the change in zoning district classification. ~ 0 wwlii~ 1 1 5 0 SECTIQN V. That any person violating any provision of this ordinance nhall , upon conviction, be fined a Gum not exceeding $2,900.00, Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VI. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; MICHAEL A. SUCEK, ACTING CITY ATTORNEY BY: • r • ~ ~ Iii t • q jenda No 61 6~ 0,Q n~endalta FIELD NOTES to all tdnat .yAaIrn trod Of land situated In the City of Denson, Denton Courdy, Texas and being all of Lot 1 In Block A of Damon Pkprann Addition an addklon in the Cky of Denton, Damon County, Texas, aooordkV to the PIN thered recorded in CaWW 0 Pape 164 of the Plat Records of Demon County, Texas as radpnized and oooul fed on the ground; the subject tract being more Particularly described as follow BEGINNING for the Southwest Comer of the tract being desaftel heroin at a fence oonm post at the SwAhvrost Comer of said Lot 1 In the North Ilse of Taasfey Lane (F.M. Highway 2181), said OwW 8160 belrq the Southeast Comer of La I in Block A of Indian Ridge Addition, sooomft to the Plat th~ recorded In CaW * 0 Page 264 said PM ReOmds; THENCE North 0 Degrees 39 MirxAes 21 Seconds We* with the Woo Noe of said Demon Pitpnm Addition and Btoek A of sold Indan Ridge Addition along a wood tenoe a di taros of 42 THENCE 5.83 feM to a I re Iron rod found fw the Nodhwat Corner of said Denton PNpram Addition; South naN o M 00 ~ 11 MkoAw,, 31 Seoonda Eaat with the North Um ttte h W and the Northeast of s Indian said Demon a detanoe of 803.70 feat to a I Z Iron rod found ;or the Corrw Indian Ridge AdMom Pipnm Addition for the most Eaetary t3ouMsast Camsr of said THENCE South 00 Mgmes 51 MA" 58 Sooords East with the East line of acid Denton Pitprarn Addition a dWana of 43t.77 foot to a capped Iron rod 90 for the Southeast Corner of said Denton PNpram Addition In the North Wo of *W Tom" Lane; THENCE North 87 Diagram 10 Mktutes 47 Seconds WoM wo the North Nna thereof and the SouM tine of said Denton PMgrann Addition a dNhrta of 152.07 loot to a capped won rod oat for an angle POW in the South Noe of said Addition and North Noe of said Lane; THENCE South 80 Degrees 38 Mbnutes 02 8000 ds Woo outivivinp *0 said NM a distarm os 351.03 fast to the PLACE OF BEGINNING and enclook 1,910 oars of land, Th"s Field Notw were Prowed ham an wtheIlroud survey made under my dirsewn and suPervislon on Novamtw 12, 1994, MkYnael J. Kem R,P.L.S. N168 DMe i Z_vi A + HHbM~Ngy NN~/ I }~Q ~4159 9Y V _ 'iwwi.r~'W.. , ~ a~.r~r.'+•r•a.•i1MhWTY IA:~aYV.'~-,,,.. t 1!V. i~ + i (nSt , tiJt Mfr' • • ~3aCda No ~ EXHIBIT The following language supersedes Noce 15 of the Detailed Plan for Ellison Park subdivision; 15. As a condition of this planned development zoning classifica- tion and subdivision acceptance, Developer shall integrate the following indemnification language into each deed agreement as a negative reciprocal restrictive covenant running with t:,e land, binding upon all heirs and assigns, and filed in the Deed Records of Denton County, Texas, such as to give notice to all subsequent prospective purchasers. Developer shall also integrate this language into the bylaws of the property owners association. The City Attorney, or his or her desig- nate, shall have the opportunity to review and approve all such covenants and by-laws, and no amendments to the following indemnification language shall be permitted except upon review, approval and concurrence of the City Attorney and City Manager, or their designates. $ccess: Entry to the private street will be limited to residents, their guests and the parties listed in note E. Where not currently adequate, right-of-way to 50' from centerline of Teasley Lane will be dedicated by plat, indemnification: The property owners association (Association) agrees to release, indemnify, defend and hold harmless the city of Denton and any governmental entity or public utility company that owns public improvements within this subdivision (Indem- nitees) from and against any and all claims for damages to the street, restricted access gates and entrance, landscaping and related appurtenances (Private Improvements) occasioned by the Indemnitees use, repair or maintenance of its easements. The Association further agrees to release, indemnify, defend and hold harmless the Indemnitees from and against any and all • claims for damages to property and injury to persons (includ- ing death) that arise out of the use of the Private Improve- ments by the Indemnitees. This indemnification shall apply regardless of whether a contributing factor to such damages or injury was the negligent acts or omissions of the Indemnitees or their respective officers, employees and agents. • Each lot owner agrees to release the Indemnitees from claims • • for damages to property and injury to persons (including death) that arise out of the use of the Private Improvements by the Indemnitees and that are caused by the failure of the Association to design, construct or maintain the Private Improvements in accordance with City of Denton standards. EXHIBIT C/PAGE 1 • O c> l cn(t No G 'J 5 8G~ gip, The property owners association and each lot owner shall indemnify the City of Denton from any claims for damages to property and injury to persons (including death) that arise out of a delay of emergency vehicles caused by the restricted access. Ownership of Utility tinfrastructw The portions of the water distribution, sanitary sewer collec- tion, sto.m drain and Plectri,cal systems (except security lights) in Lot 28 will be in public; this is, they will be owned operated and maintained by the City of Denton. Some other utilities will also be public; the gas distribution system will be owned, operated and maintained by Lone Star Gas Company, the tolevnone system will be owned, operated and maintained by General Telephone and Electric and the cable television system will be owned, operated and maintained by Sammons Communication (or their successors). Public Street Capacity The capacity of Teasley Lane will not be affected significant- ly by building 27 garden homes, as opposed to 16 SF-10 homes. Stacking beyond Teasley Lane is provided for at least for average size care at the subdivision entrance, Maintenance & Repair: Public utilities and Teasley Lane sidewalk will be maintained and repaired by their respective owners. Private street pave- ment, the security gate, wrought iron/brick column fences, private storm drain and private landscaping will be held in common and maintained by the property owners association. It will be the responsibility of the property owners association to replace or repair the fence along Teasley Lane if repairs become necessary due to work performed by City crews on the water main or sanitary sewer. The property owners association will be obligated by their articles of incorporation and bylaws to maintain the security gate in operable conditions at all times. Additional Public Coats: The property owners association will be incorporated under the laws of the State of Texas. It will have responsibility to maintain and repair the private facilities. It will also have authority to levy assessments against each of the 27 residen- tial lots, file liens to secure payments, hire legal counsel, etc. in order to accomplish association business. Association duties will be defined in the bylaws, which will be filed in the public record. Each property purchaser will be provided r with full information regarding the property owners associa- tion, including a current estimate of their annual assessment. It is anticipated that Rick Moore will maintain control of the association until he sells the nineteenth house. EXHIBIT C/PAGE 2 r ~.r rrr. MwLi/. - r.a m • A~orttfaNa Ar~a~~;,l(em tl~lo__~~~.1 `J tga3 id Maintenance of private facilities will create an additional cost to each lot owner beyond costs borne by homeowners where there are no property owner association assessments, There will not be additional cost to other citizens of Denton, The Denton County Appraisal District indicated that property value assessments are not affected by the type of street (public or private) that serves the lot. That means the lot owners in Ellison Park will pay City taxes essentially equal to other citizens, plus they will pay for maintenance of the street in front of their homes, the security gate, the wrought iron/brick column fence, private landscaping and the private drainage system. I I i • Se\NPDDr9\NORME%H IDITC EXHIBIT C/PAGS 3 w 14 67~ ATTACHMENT 6 41 January P & Z Minutes 4, 1995 rd Page 30 "00 III. Ellison Park. 4.91 acres proposed as Ellison Park, located on the north side of Teasley Lane, 150 feet west of Indian Ridge Drive. a. Hold a public hearing and consider a proposed rezuning from a single-family (SF-10) zone to a planned develop- ment district, and adoption of a Detailed Plan. i Ms. Russell: Under. A we are going to be holding a public hearing and consider the proposed rezoning from single family (SF-30) to Planned Development District and adoption of the Detailed Plan. The rules for the public hearing are as follows. The Chair opens the public hearing. The staff reads the petition and gives their report and makes their recommen- dations. The petitioner is then granted ten minutes to speak to the petition. Then persons in favor of the petition are each granted five minutes to speak,after which persons in opposition to the petition are each granted five minutes to speak. The petitioner is allowed five minutes to speak in rebuttal. The Chair closes the public hearing and th.i staff presents their final remarks. Any speaker may be allowed additional time to speak by vote of three members of the commission. Each speaker should concern himself with presenting new information not given by previous speakers and the commissioners are allowed to ask questions if they so desire. Mr. Robbins: Madam Chair and members of the Commission with your indulgence if would probably facilitate my presentation to you if we could read off of the big map, particularly the notes that are on the right side on the Detail Plan. I would like to express on behalf of the staff our appreciation to Mr. Rick Moore and the Burke's for the way in which they dealt with a number of complicated issues in this project and their responsiveness and cooperation with the staff as we have gone through this project with them. This is a little bit of an O unusual subdivision because of the gated issues, but in addition this PD has a zero lot line layout in it which raises another series of issues. In all of the cases that we have raised issues or concerns the applicant, the developer and the j engineer have been very responsive and frankly they have done everything that the staff has asked to this point. This is a rezoning from SF-10 on 4.91 acres for a single family ® detached, some of which are zero lot line PD, essentially r 0 surrounded by SF-10 though there is some SF-16 development in the area. There were thirty-five notices mailed out and we received one back which was in favor of this. There has been a neighborhood meeting held, the developer sponsored thac • c> • ,,ll 3 P & Z Minuter .0 January 4, 1995 Z i OZYC Page 31 meeting and you have some of the issues that were raised at that meeting in your backup. What I would like to do is to go t',trough the noten and then possibly refer to the Detail Plan as r,e talk about what is actually proposed. This is a single family detached development. Note 2 on the Detail Plan addresses the specifications or development standards that are applicable in written form. The detail plan actually showr the footprint within which every house would have to be built. The footprint may not match exactly what is shown but any house would have to fit in that box if this PD is approved and development continues. The minimum lot size is five thousand square feet although some of the lots are larger than five thousand square feet. They are at least fifty feet in width and at least ninety feet in depth and a front setback from the street is twenty f3et. Side yards are as shown on the Detail Plan and is listed here and there are some houses that could be built with no setback at , ~ on one side. The rear yard setback, minimum floor area c, ;io, meaning this lot coverage is fifty-five percent, it I& up to two stories. Yes your floor area to ratio on two storie1 in height, is 5.5 units to the acre. At 5.5 units to the acre it complies with the Denton Development Plan's intensity policy which is at six units per acre and therefore is in accordance with the Denton Development Plan policy. Note 3 talks about where the sidewalks will be built and that is in accordance with our Subdivision Regulations Standards. You have a timing issue on number four, that is really not a standard that if they begin in February 1995 but that is what they indicate. Note 5 has to do with flood plain data which is another required element but not a standard. Note 6 is additional information not a standard showing where the city limits are. Note 7 will be a standard, in other words tae development and landscaping noted in number 7 has to be completed if this PD is approved. That note also indicates information concerning the fence. Note 8 talks about the gate and the fence and addresses one of the six issues in which the Planning and Zoning Commission • directed staff to use to evaluate gated subdivisions, which has to do with access. And Note 8 addresses how access to the listed entities would be provided. So we believe that this complies in terms of access to emergency vehicles and other vehicles with the issue that the Commission directed us to deal with. Note 9 also addresses one of the issues having to do with public and private improvements, complying with the e City of Denton Regulations. And this layout as well as the • • preliminary plat which is on your agenda for the next consideration do comply with those standards. Note 30 has to do with electrical facilities boing urserground. Note 11 has to due with an issue that is not comcoin and one which we would take some particular attention to ctt; this point. The wall or i i • • ,0 Q GT P & z Minutes January 4, 1995 ~a+ Page 3 the gate and the fence that would be built along Teasley would be built, and is shown on the Detail Plan, is in a utility easement. Normally we would not allow that because that improvement may be in the way of the city's ability to maintain that and in this case it would be a large water line. Due to some very detailed analysis the utility department and the developer and their engineer have done, the staff would recommend that the fence be allowed where it is shown on the map. It maybe modified a little bit within the subdivision itself and we will see that on the final plat. Given where it is parallel to Teasley Lane right now there is room for the city utility department to maintain the existing water line in that area and therefore we are recommending that the fence be allowed as shown on the map. Note 12 has to do with the sign, some specifications there, this is not a deviation from the Sign Ordinance. In other words the sign on that wall is in accordance with the Sign Ordinance standards. Note 13 is additional information which is not a standard concerning off site improvements. Note 14 has to do with the zero lot line development. No part of the structure including permanent attachments will overhang a lot. Run off will be minimized by sloping the roof and will be gathered on the zero side so that you don't have water coming off somebody's roof and draining on to somebody else's property. And finally on the zero side there will be a five foot maintenance easement and you should see that on the final plat. With this zoning it will be a condition that a five foot maintenance easement be there to enable people that own a house on a zero side to maintain their wall by going on to the property next door. Note 15 addresses again the six issues that the Commission directed us to deal with when we are dealing with gated communities. We talked a little bit abut access. Item 2 is the indemnific- ation statement, this essentially has to do with indemnifying the city to claims that might come out of having that gate in place. This language comes directly from the Plano Ordinance, the specific language of the indemnification issues based on • this note would have to be approved by the city attorney. So this is not exactly what the Indemnification would say but it has to do with what the indemnification would deal with. ownership of the utility infrastructure would be owned and maintained by the city. The developer in his notes has provided a way for that maintenance to be conducted. There Is j enough stacking at the gate so that public street capacity on e Teasley would not be adversely effected by folks trying to get • • in the gate and stacking up on Teasley Lane. Maintenance and repair addresses the issue of who will be responsible foi the private street and the other common areas that would Ye in this subdivision. This is a standard that comes essentially from our Subdivision Regulations that deals with private • 0 • • F P & Z Minutes January 4, 1995 Page 33 streets and so the Homeowners Association is going to be compelled to maintain that and have a system in place so that each homeowner or lot owner could be compelled to provide funding for that maintenance. The last of the six issues has to do with public cost and this note addresses how the developer will defray the cost in access particularly for emergency vehicles so that there would not be any additional cost to the city, particularly the fire department in opening those gates with what would be as proposed here an electronic device that would be on the fire truck that would open the gate so that the trucks could get in quickly. I have addressed previously that the density and the other devel- opment issues are in accordance with the Denton Development Plan. Therefore the staff recommends that this PD rezoning and Detail Plan be recommended for approval by the City Council. Mr. Norton: Coming out of the development is going to be a right turn only? What provision do they have for coming back the other way on Teasley Lane? How far have they got to make a turn, all the way to Pennsylvania? Mr, Robbins: It could be all the tray to Pennsylvania and I anticipate some folks trying to make a U-turn at the median break where it is shown on the Detail Plan. Mr. Burke might be able to address that in more detail. Mr. Brian Burke: My name is Brian Burke, my address is 1318 Auburn Drive in Denton. Mr. Norton that was one of the concerns that the residents of Indian Ridge Subdivision expressed when we met with them and it is a valid concern. The way I see that is that it is an illegal movement, it is a human movement I guess. That median is pretty narrow, as a point of comparison the median in Lillian Miller is wider than this median will be. The median on University Drive is 01 considerably wider. It is a little more difficult maneuver, you would either have to start in the right lane heading toward Pennsylvania in order to turn back or you would swing f out on the other side over by Sam Houston Elementary. You would be in at least three of the lanes to make the turn. And I don't deny that it is a temptation but it is an illegal maneuver and there is just kind of a limit at some point. You have to pretty much go with what is legal at some point in design. As you noticed it is a right turn exit and it is also A a right turn entry, so it is going to be a circulation • • situation. People when they leave if they want to go to the mall they are going to have to go all the way up Teasley Lane i or Pennsylvania, something like that. • • P & z Minutes 2 y January 4, 1995 Page 34 Ms, Russell: Is there anyone else that would like to speak in favor of the petition? Mr, Burke: I need to make some corrections. When Mr. Robbins was reading the notes I noticed that I made another error in the notes and that the very last word in mote 11 says fence and that should say sanitary sewer. The five foot separation between the sanitary sewer and the fence was something that the utility department considered important and so we worked together on that The only other thing is that in the agenda it says that it is one hundred and fifty feet west of Indian Ridge Drive and it is actually east. In 1986 I was the engineer when we platted this five acres for the Catholic Church. They had plans of building a church on it, it was zoned SF-10 at that time as it has been since it was originally zoned, the Church immediately decided after we platted it that they needed more land. Mr. Moore is the owner now and we did some preliminary feasibility analysis using SF- 7, SF-10, SF-16 and a zero lot line addition. Mr. Moore instructed me to proceed with this, it looked like it was the most feasible. As far as the land itself there are two real important considerations to me, one is drainage. This is five acres and right now eight and a half acres drain through essentially Lot 3 in Indian Ridge, just west of our Lots 4 and 5. A portion of Indian Ridge, Lots 9 through 13 and a little bit of land in Hunters Ridge all drain right through there. The city when given the opportunity to review the Texas Highway Department Plans for the Teasley Upgrade suggested that the state lower the storm drain system on Teasley, which they did, so that whoever develops that area can make grade to intercept the run off and direct it back toward the new underground drainage system going in on Teasley. So our intent and our design is capture as much of that eight and a half acres as is physically possible and divert it over to the Teasley system. Another real important consideration is the access. The State is building that new median that is cross hatched on your exhibit, there is going to be an intersection • directly at the entrance to Indian Ridge Drive, Sam Houston Elementary entrance driveway will be reconstructed directly across from that as well. There is another median out at the Sam Houston Elementary exit which is directly south of our Lot 19. The State said that is it, you are not getting any more median cuts between those two, We looked at flipping our j land plan and trying to put the access point directly across d from Lot 19, and it doesn~t work because the State has • { designed that median cut to control traffic to only go west bound. If you are coming out of Sam Houston Elementary and want to make a left turn there is a line to allow that. They didn't want to change that. It will not permit us to make a w w • P Z Minutes January q, 1995 vG oV Page 35 left turn on to the east bound lanes on Teasley because of the configuration of the median out. We have a right turn in and a right turn out. We have provided stacking room and enough radius in the curbs there at the entry to permit large vehicles to enter or turn around and go back out without going through the gate. Other considerations that I need to look at are electrical, gas, common utilities. None of those are any problem. Plater and sewer are also simple matters here. The water is merely a matter of tapping onto the sixteen inch water line at Teasley and extending it through the addition. For sanitary sewer we need to go off site adjacent to Lot 1 in Indian Ridge and tie into the sewer in Indian Ridge Drive. Those are the main things that I need to look at. I don't know what questions you might have but I will be willing to answer them. Dr Huey: what is the plan for all of these statements in this material? Mr. Burke: I am sort of speaking on behalf of staff, but it is my understanding that these, the conditions, become binding statements for the zoning approval. As Frank mentioned a lot of these statements are merely informational. They are required by the check list of the subdivision Regulations when we submit an application for a Detail Plan. The things that are conditions become binding conditions, that is my understanding, Mr. Norton: They get filed with the plat and they are binding? Mr. Burke: Well we don't file these with the plat but they are public information and they are kept here in the city files and they are part of the city ordinance . get filed, you are right. They do { Mr. Robbins: Mr. Norton, what is adopted with the ordinance is the Detail Plan and so this becomes the zoning ordinance that is 4.91 acres. Mr. Cochran: I might have had some questions but they have boen answered by this document. Ms. Russell: Anyone else to speak in favor of the petition? , Mr. Rick Moore: My name is Rick Moore, and I have an office • • J at 420 S. Carroll here in Denton. I would like to address just a couple of issues that have been questioned. The devices that are needed to operate the gate are presently on 0 0 • • ~,~<<~,~a Ain Q~~ i-ICJ P & Z Minutes January 4, 1995 Z p (79 Page 36 our fire trucks and they are an Opticon device provided by 314 and we are going to use a device on the gate that is compatible with those devices that we presently have, The other issue is the drainage which is a big problem over there and we have mapped out a plan to fix that drainage, The neighborhood concerns seemed to have been the size of the houses, I chocked the tax records and our minimum square footage is eighteen hundred feet which is larger that almost fifty percent of the houses in Indian Ridge, according to the tax records. So we feel like we have done our homework and that we are in harmony with the neighborhood around us and we are addressing a busy street. I think we are also in harmony with the city planning and the direction that they have taken. Mr. Russell: Mr. Moore what has been your response with the publicity that we have received on the gated communities? Mr. Moore: As of tonight I have a hundred and forty-three names on a list with phone numbers of people who are interested in living there. As soon as I get the zoning approved and I have some preliminary plans done we are going to start calling these people back. Out in the community itself I have gotten nothing but positive response from people. People feel like it was probably a long time in coming and they are glad to see it. Mr. Cochran: What is the nature of this Opticon device? Mr. Moore: The purpose of it is to operate signal lights and it will work on the gate. Ms. Russell: Anyone else to speak in favor of the petition? Mr. Wade Harris: My name is Wade Harris, I office at 2220 San Jacinto Blvd here in Denton. This is a project that as a realtor I have had requests for and as a developer I have had requests to do a project like this for nearly two years. All • across the country this is what, not just elderly also people who are professionals and who don't have otime bto want to deal with yards, want and they want security. This is going to be a good project. Rick and I are partners in the Hunters Ridge Subdivision and he has not done anything that is anything less than excellent quality there and I don't see that changing with this project. j Ms. Russell: Anyone else to speak in favor? Is there anyone that would like to speak in opposition to the petition? Mr..Tim Leonardi: My name is Jim Leonardi and I am a Denton • 0 • • P & Z Minutes January 4, 1995 .E -2 Og 20 Page 37 V ¢ i resident. I sent in this iorm marked opposed and I am not sure what happens to the opp:,ssd forms. Just a major point that we have already discussed is the entrance to the subdivision. As you know the median strip has two entrances that are adjacent to the school. That is already a congested intersection and the PTA is working at moving the children's crossing down from Pennsylvania to right there at Indian Ridge. I do understand that it is an illegal move but we know that human nature is to do a U-turn. My main concern and objection there is how to minimize the problem because I foresee people that have to go in and out of that subdivision and have to basically circle in to Southridge or something else. That is a lot to ask people to do as opposed to the people that are going to live there. That is my main opposition here. In the area there we have SF-10 houses and Denton has a lot of nice communities like that and this is more of a congested area and I just want you to consider if this is the right thing for Denton and our area there. Mr. Russell: Is there anyone else in to speak in opposition to the petition? Mr. David Foster: My name is David Foster, I live at 1105 Indian Ridge. The concerns we have are the entrances to the schools and the congestion. A lot of my concern, I an a homeowner who has a problem with the drainage that does come through my yard and the other five houses to the right of me. I know that he has addressed that and trying to correct all of that. My main concern is that when we moved here we bought a bigger lot and I am opposed to having two houses back u to m house. It's going to come to my property line, fifteen feet maybe, ten feet? We entertain a lot in our yard and that's the reason that we moved into this neighborhood, because of the community. We like it a there a lot. Now if we go into our backyard and we are looking at two two story houva s looking into our yard this is a big concern to us. To get that kind of square footage on those lots you are going to • have to put two story hoiises on a lot of them. I am not opposed to :_ousing behind me put we are opposed to the SF-5. When we came in here it was SF-10 and that is what we understood and I know it went through a lot of legal changes. Personally we are looking at one house on lot 4 that will be sitting on the property line, This is a big concern of where these houses are going to sitting, backing up to our property ® line. I would also like to say that I think there are a lot • • more people that aren't here tonight, there are some instructors from both universities that are still out of town. I have talked to a few that won't be back in town and that is why you don't have as many residents from this area voicing • G3 • P & Z Minutes 2~. I January 4, 1995 Page 38 o 03?c).1 their opinion tonight. It was kind of bad timing, we got our letters right before vacation. We were already gone. I am a golf professional and an instructor at UNT. My main concern is the SF-5 backing up to our property line when everything else is SF-10 in that neighborhood or higher. Ms. Russell: Mr. Foster I have a question, I am looking at Mr. Leonardi's form and attached to it is this letter that waa mailed to the residents. I would assume that you probably received one too. There was a meeting on December 15th and at that time were you all made aware that this would be moving forward and the approximate time frame? Mr. Foster: Yes, I didn't know the timing, but I was at the meeting. We know it was coming up for today but if you have I travel plans and vacation plans it is hard to adjust them. Ms. Russell: Would you mind telling us which lot you are on? Mr. Fester: I am Lot S. Mr. Cochran: I have a question as to when these notices were sent out:' It's not that important. Ms. Russell: Is there anyone else that would like to speak in opposition to the petition? Mr. Robbins: They were sent out the 22nd of December. Ms. Russell: The petitioner now has five minutes to speak in rebuttal if he so desires. Mr. Burke: The residents did express concern about intensity and about the ten feet from the back of their fence. So following that meeting we revised our proposal to be a fifteen foot rear yard setback. All of those lots in Indian Ridge and Hunters Ridge because they are straight zoning they have ten • foot rear setbacks. It depends on which side of the fence you stand on because none of the houses or out buildings right now as far as I am aware are as near the common property line as ten feet. If you approve this zoning proposal none of these could be nearer than fifteen feet within all the boundary lines. With all. of those adjacent lots they can be within ten feet if they go down and get a building permit. They don't B have a zoning restriction that is any farther away from the • • common lot line than ten feet. We have tried to be sensitive to that to the extent that we could still fit dwellings on our lots and increased out setback to the rear to fifteen feet. • O • Cd • 'r _Cf -,Uo•. P & Z Minutes January 4, 1935 Page 39 vi? I Ms. Russell: Would you tell me about the fence that is going to separate this. Mr. Burke: There is existiru P•>nce on, I think, all of Lots 1 through 13 except for 12 or li that doesn't have a fence in place. The other Indian Ridge, lots have six foot wooden stockade fences and the fence that is proposed to be J constructed by the developer for the perimeter of this is f! along the south, the Teasley frontage, and along the Hunters Ridge frontage. It is a wrought iron panel with brick columns ever twelve feet on center. That will be constructed by the developer and maintained by the property owners association. Dr. Huey; There is no fencing planned for this development then on the north or the west? Mr. Burke: That is correct because there is existing fencing on those two sides. There are fences owned by the Indian Ridge residents at the backs of their yards. Dr. Huey: Is the plan for any particular style of architec- ture and is it for two story houses? Mr. Burke: I would certainly anticipate that there will be two story houses, may I suggest that Mr. Moore can address that a lot better than I can. Mr. Moore: Yes there is a plan for two story houses. We can build . . . we have a fifty percent lot ration coverage so we could actually get a twenty-five hundred square foot structure ++I within the boundaries very easily in a one story product. J Although if you drive through our communities right now and what we are constructing, there is a demand for the two story product is in demand and it lends itself to a lot of diversity in architecture and breaks up the community so that it is not so monotonous. Something that I would like to point out to the Commission is that I have on Lot 10 a spec house that is three hundred and nineteen thousand dollars. I also have • around the corner on Lot ; another house that is two hundred and fifty-eight thousand dollars and I also have ten or eleven lots left in Hunters Ridge that are in the price range of forty-five to fifty-four thousand dollars. I am not going to do anything to devalue my own property. we have worked very hard on the architecture and we are working on plans right now to make it a very nice community and actually the finished A side of the product is going to be very similar to the house • • goingntorselldin the which neighborhood high eifinish and ghty-three i to peighty- five dollars a foot. We have gone to great lengths to make it • 0 tx~ i r P & Z Minutes ~~ondoNo F~ January 4, 1995 Page 40 Agei~dzlPQ a very nice community including the houses in there. 3 4so Ms. Russell: We will close the public hearing. Any further comments? Mr. Cochran: seems to me that this issue has gotten a higher profile in the community than perhaps what was justified. I am sympathetic to the neighbors because I don't like the folks that are next to me but I didn't buy the land and develop it. Change is difficult but I canOt see a compelling reason to do anything other than to move that we approve this because it looks like it would be an asset to the community and I move that we approve case Z-94-029, Ms. Schertz: I'll second. Ms. Russell: Any other discussion? All in favor of the motion as stated please signify by raising your right hand. All opposed same sign. Approved unanimously. (7-0) ~h: •a• ha r"~Vtr c, o COUNCI -o a wT t ~ ~ o v 4 e •ro << 0~~0 1 • ,4~aNo CITY COUNCIL REPORT FORMAT Agenda lt TO: Mayor and Members of the City Council y FROM. Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to George L. Rodi;ers/ Safeco Land Title of Denton County RECOMMENDATION: The Tax Departmsn* has mailed an Overpayment Letter and an Application for Refund to the ~.,xphyer. All completed forms and necessary documenta- tion have been return:d, requesting this refund, which the Tax Technician recommends. SUMMARY: Chapter 31,11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds In excess of $ 500,00, Safeco Land Title has requested a refund in the amouqt of $ 536.19 because they overpaid George Rodgerg' account. #032220. BACKGROUND: Safeco Land 'T'itle paid the tax on Dec. 221 1994 in the amount of $ 530,19, Mr. Rodgers' mortgage company also paid the tax on Dec, 28, 1994 resulting in an overpayment, A tax refund is due, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tnx Department and the tax account of Ceo,go L, Rodgers FISCAL IMPACT: 536.19 RESP FULLY MITTS y err City Manager Prepared by: • amo Vic Schneider Title Tax Technician Approved: dZ5 • a on Fortune ' • • Ti .e Chi f Finance Officer 263 C/3 • State Prop" Tex "and APPLICATION FOR TAX REFUNd"'{IdaNO .-l _C07 5 Refund Appiketion 71.1114112) e 4c / I_ _ Collecting Office Name: _ CITY C7F IIFN~ [k,i3._.r Collecting Tax For: 216 L MGKINN> Y (ex ng noel DFNTQt{, TEXAS 76201 Address - City, State, Zip Code In order to apply for a tax refund. the following information must be provided by the taxpayer. IDENTIFICATION OF PROPERTY AMINEM Name: _ ~~3tDRe,f o'DG£ey Address: ~/D 9 JkVkA22r[ 1)r2 ~fA>rON, 7-i /a,~~>i c7 f 1 Telephone Number (if adu+tlonal information is needed): IDENTIFICATION OF PROPERTY: ~~rr~ Desoription of Property T/7JbF2 AKS ~Sr" 4,051L ~r ~pr Jr Address or Location of Property s5 v&ear iDA' _ Account Number of Property: __4?31;z I~L0 or Tax Receipt Number: _ INFORMATION ON PAYMENT OF AXES: Name of Taxing Unit Year for Amount of From Which Relund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested 1. u eT7 19 $ 3 ~o 9 $ x.36 ! 2 2. r y u L Aruc! 19 _l~:~L / 19 s 5 3G . (1 $ 3. - 19 _-/19 S $ ~ Taxpayer's reason for refund (attach supporting documentation); -(iii J'/t<f. 6D ,O+k y AIJD m~. kOzD e;ci lQkTfidb L enf~Ati' y II~CN fA/D 711£ rQ s nAi Y tf1S Po~/cGf L ~~AcoPJ LAAJD l/lt ~r . Id 5-040 5r i Cl /4 Rf Fuu c nG Tff~ y%je _j ..4V1Ag u r "I hereby apply for the refund of the agovedescribed taxes and certify that the information I have given on this lorm is true and correct." fr~f ~SA/fEC~ <AAa "itTu offA7cx C'au'ty (~'~~~~;1,.` %,u~ ~'✓"_J d7r}4c.A5 ,72 '~~OJ z ~ i /,L, r I a Signature % "(NA%7cr✓r Tc '16ZO5y Date of Application for Tax Refund • DETF_RMINATION FOR TAX REFUND: _ Approval Disapproval Signature of Authorized Officer Date 8 Signature of Presiding Officer(s) of Taxing Date _ • • Unit{s) for refund applications over $500 Any parson who makes a false entry upon the foregoing record shad be, sub}eol to one of tho tollowing panadFs s: 1. Imprlaonmenl of not more than to years nor lass than 2 years and/or a One of not more than $6,000 or both such area and imprisonment; 2, confinement in lad for s farm up to 1 year or r One not Io exceed $2.000 or both such One and Impreamrienl as eN forth in Section 37.10. Penal Code. A(.UND n 11 • 0 • w • AQ rdaNo _ci J~DOJ._ . 30o y OCS TROY half: a,w1c a o[+rtow+_,' r ?'kf Tx r $/OO 4WD 71TLE CP ti :r~A(r 40 1474M l i r Y y ,M1l ^'s7g riJ~. ~ ~ !1 t f~ ,!(ti~6B8sYBy rrt~,' .r Oeorpe Lesl re Rodgers to Wi 11.1am oar :A,:Watport r, , 11. Y/I PAV FIVE K NUPED THIRTY sXX M0 19/1U0 {r' r k'? ro rt,£ , SAOEROF X1 Ci#Y. of 4enton 216 tact MCKInnoy s. corwamuawngf ' Denton, Tx 78201 Fu~otoowr ' For; 1934 City tex AC 9% Skylark Drive- rr0; l5 L0~ i; L L L9 14 74 2I: w'04 0566 2e~ Poll #OUO :53& L9." 1111 j,s '4 cp I y; i w Z c• • w • J • . a.:. o-r. ,w. i.A t .Y..1Yf t r....+,., rre iroes r,.!s!.VNnzt ..:..K .•Y.N ~:~J"AY i ~ S PORT FIOROODW 01/2B/9B AT 18:84 O V E R P A Y M E N T S PAGE OUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYN i~ 84800000 94/04/09-0163 NOONING, MICHEAL L NOTTINGHAM DR 41.07 OVERPAY 0 91000000 94/04/09-0203 KIATMEY, JIMMYE E W HICKORY - 91 0.01 OVERPAY 42900000 94/04/10-0046 TRAOHT, RONNIE POGKRUSW 42 R 06.4# OVERPAY 04400000 94/04/13-0041 ROBERSON! DEWEY D DOUS460AXIIT ' 80,88 OVERPAY O~ 82400000 94/04/17-0021 KOOP, DENNIS J N LOCO 288 488.23 OVERPAY 46200000 94/04/17-0023 KOOP, DENNIS J N LOOP 208 297.74 OVERPAY 46200000 94/04/17-0024 KOOP, DENNIS J N LOOP 2118 0.01 OVERPAY C? "gs 16600000 94/04/17-0061 CORPORATE LEASING INTERNATIONAL INC CROSS TI046ER S 193.10 OVERPAY 02 24400000 94/04/17-0141 HARRIS, THOMAS L IMPERIAL DR 487.64 OVERPAY -.102 09400000 94/04/17-0142 SMITH REBECCA F CORDELL ST 326.24 OVERPAY 103_~8 $600000 94/04/17-0186 ABBOTT JOSEPHINE E MOK[NNBY S7 2,00 OVERPAY r'1 `cpf, 9000000 94/04/18-0141 80UADAAU, JOHN E CHURCHILL OR.. 30.00 OVERPAY X90763700000 94/04/19-00619 HORIZON, EARL HEALTH SERV INC SANNJACINTO 32 0.02 OVERPAY 09746600000 94/04/20-0123 HOWDY DOODY MI6 DALLAS DR 66.76 OVERPAY 16922600000 84/04/23-0176 US ARMY ENO 01ST E MOKINNEY ST 0,14 OVERPAY 10922600000 94/04/23-0178 US ARMY ENO DIST E MCKINNEY ST 0.03 OVERPAY 01489100000 94104124-0074 PROFESSIONAL HEALTHCARE SRVC LONDONCERRY AN 45.43 OVERPAY 110423400000 94104124_0146 HAU, CHI SING KENNETH ETAL PARkBIDE DR 32,10 QVXRPAV 18 U ~s~a0000 T 0322200000 94 OA - 1 0 R 40 6 L kYLA k. OR dioli PAV~,,• TOTAL OF OVERPAYMENTS 20,847.00 ~ I 0.00 i • ki • ks i! I y. ; r { y • • a; , y a~ l y ! i'a"r'{ 'L ' ~+f+Jt1y~Y~2'iA 4;/PL('I n { ! ~,k Q c, 0 -CIT COUNCI r 7 4a N• a ~ ~ • 0 • • A$gndaltelrL~ ORDINANCE NO. X18- ~ o-Ps AN ORDINANCE AMENDING ORDINANCE NO. 95-001 REIJITING TO THE AWARD OF BID NUMBER 1693 FOR THE PURCHASE OF FLEET VEHICLES TO PROVIDE FOR THE PURCHASF.OF TWO ADDITIONAL PICKUP TRUCKS BID ITEM /1; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City on January 3, 1995 authorized tho purchase of a 1/2 Ton SWB Pickup from Karl Klement Ford per Ordinance No. 95-001; and WHEREAS, the City desire to purchase two additional 112 Ton SWB Pickups pursuant to the term of Bid Number 1693 and Karl Klement Ford is agreeable to selling two additional 112 Ton SWB Pickups; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That Ordinance No. 95-001 is hereby amended to provide for the purchase of two (2) additional 1/2 Ton SWB Pickup pursuant to the terms of Bid Number 1693. SECTION 11. That Bid Number 1693 is hereby amended to provide additional compensation of $24.162.00 payable to Karl Klement Ford under this ordinance, SECTION III. That the funds for this amendment are to expended from the Clty s Motor Pool Replacement funds approved by the City Council in the 1994-95 Budget. SECTION IV. That this ordinance shall become effective imaxKliately 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 O BY: uis.ORO • w S Apen~auo . C QQIT Apt, Item DATE: FEBRUARY 7, 1995 'Z»vl 3 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1693 - FLEET VEHICLES - ADDENDUM 42 RECOMMENDATION: We recommend two additional unite of Bid item #1, 1/2 ton pickup, be awarded to the lowest bidder, Karl Klement Ford at $12,081. 00 each, total amount is $240162,00, SUMMARY: This recommendation is to purchase two additional 112 ton pickup trucks similar to bid Item #1 awarded by Council on 1-3-95, The additional units will replace two 1989 four door sedans assigned to the Police Department Criminal Investigation Division, These two pickups are a portion of the five units approved for replacement in the 1994/95 budget process. The purchase of pickups instead of sedans is intended to add a non-uniform look to our CID fleet, The old units will be reviewed by the Fleet Services Division and reassigned to lighter duty or sold at public auction, BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: P(Mce Department, CID, Fleet Services and MotorpW1 FISCAL IMPACT: These vehicles will be funded from Motorpool Vehicle Replacement Funds Account Number #720 025-0884-9104 and repaid by the using department over a 36 month period, *Rully ub i edl Approved: • Naame! Tom D. Shaw, C,P.M. ♦ i TItIo: Purchasing Agent r ses.AUNDA s • .,r <,r.~d: xx anAh:.,.,alilx lY. xy:~l_h1V r•$, In I D♦ i Is a C .8 'CIO NAME FLEET VEHICLE VILLA OE KAAL I HENDRI''KS METRO 7AD UOI BURG ALAN I NORTH PRSITIGE CLASSIC i FORD KL',MENT OMC FORD HEVROLET SAMUALB~ LOOP FORD CHEVROLET IOPEN DATE OF CE MBER 13, $794 f 'SRO TRUCK" TA VCK ATUOPLE$ DOOOE DO 1. 112 TON PICKUP, SHORT $19,1J800 $112.065.00 $13,542.00 NO 010 $19,06578 015.531,00 819,470.00 NO BIO $19.01300 117.498 00 WHEELSABR 2. 1 112 TON PICKUP, LONG $19,050.00 112,615,00 $13.736,00 NO BID $13,060,16 613,031.00 :1:. O WHEELBASE J 000 NO BIO $14,070-00 $1],N 500 J a/4 TOH PICKUP {14,91 0.00 814, 00 4.00 6$1,15{,00 NO SIO 11{.300,6" 054,1"1,00 1,130.00 ~ NO BIO $11,761A0 $14.096 00 it 4. 1 j 314 TON ERTENOEO CAB $23,003,00 603,966,00 $23,137.00 NO BID 094,016.00 619,007.00 394,700400 NO BID $94,216.00 $92,111 00 r PICKUP, 4 X 4 5. 2 ! 1 TON TRUCK CAB/CHA861e 816,400.00 114,701540 $11.126,00 811,744.00 NO BIO 114,607,00 {16,94000 NO 810 $1.,034.00 i 116,]O7.0D 6. 1 1TON TRUCK CAB/CHAR818 621.206.00 {91.919.00 820,344.D0 $29,187,00 104,676,00 040,999,00 690,510.00 NO BID 622,196 00 610,626 Oo 15,000 OVW. SW CA PIEBEL 1. I I TON TRUCK DASICHA5015 616,330.001 $10,426,00 616,044,00 11129.31111111100 094,176.00 $16,443.00 116.460.00 NO 010 ! n6,407.00 $,8.102.00 15.000 OV W,64' CA GASOLINE TA 5 , TON TRUCK OAB/OHA6111 691,402.00 1121,389.00 190,521.00 198.390.00 {94.171,00 180,381 A0 010,340.00 ND 610 022,343 00 620,070.00 j 16.000 DVW, 01. OA DIESEL jj 0. I I TON 112 PASSENGER VAN 620,610,00 N8 111,400.00 NO 810 ND 810 090,260,00 $10,460. 00 600.173.00 0f1,6t 1.00 $$1.101,00 ~1A.j 1 OPTION to PASSENGER VAN 091,001,00 $20,835.00 NO BID NO 610 NO 110 {!1,079.00 $91,166.00 $01,714.00 686,101.00 691,1'11,00 8, 1 MINI VAN, T PASSENGER f10.0410, 00 NO SID 116,010,00 NO 110 NO BID 117,000.00 NO BID NO BID 016,744.00 $10,042.00 10.~i I MINI VAN. CAROO VAN $14,365,00 NO BID $14,646,00 NO BID ND BID $14,690.00 NO EID NO BID $11,46e, 00 111,111.00 DELIVERY U-$38 10-lea 80-100 10-110 60-100 120 SAYE 00-190 60-00 60.00 10-Ile DAYS DAYS DAYS DAYS DAYS DAYB DAYS I DAYS DAYS AHENDALE FORD ALT. 6. v • M r f._ tt I'I' t' I • ~ St . n 11 1 T ::'S a ryY E =CITY=- -COUNCI i b Q* 1 e N G • as e Agenda No C.7 Agoodalts ~ 3 Dace ~.-y=.~~5"' lcl~S ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES nR SERVICES; PROVIDING FOR THE CXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive sealed proposals 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 proposals are the best responsible proposals for the materials, equipment, supplies or services as shown in the "Proposals" submitted therefor; 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 "Proposals" attached hereto, are hereby accepted and approved as being the best responsible proposal _or such items: RFP ITEM NUMBER N0. VENDOR AMOUNT 1721 113 SPI SYSTEMS $26,000.00 1721 2 COMPUTER CITY $ a,000.00 SECTION II. That by the acceptance and approval of the above J numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals 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 Invitations, Proposals, an,i related documents. ~ O , s srtdaNn J 0 r All SECTION III. That should the City and persons submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposal, the City Manaq•r or his designated representative is hereby author!zed 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 Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in l,he amount and in accordance with the approved proposal 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 WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTI14G CITY ATTORNEY • BY., • w • C. A(i DATE, FEBRUARY 7, 1995 Oa CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: RFSP #1721 - MICROCOMPUTERS (PC'S) AND PERIPHERALS RECOMMENDATION: We recommend this request for sealed proposals be awarded as follows: Group I Desktop computer to SPI Systems Group 2 Laptop computers to Computer City Group 3 Printers to SPI Systems Estimated 1994-95 budget expenditures is $15,500.00. Estimated 1995-96 budget expenditures is $18,500.00, if approved in budget process. Total estimated expenditures for this annual price agreement would be approximately $34,000.00. SUMMARY: A request for sealed proposals for an annual price agreement for computers and peripherals was submitted to approximately seventy five (75) listed suppliers of computers, printers and peripherals. The RFSP asked for a computer of minimum configuration (486), medium configuration (488+) and a maximum configuration (pentium 90), The prices vary from a least expensive price of approximate $1,600.00 to a maximum of approximately $2,600.00, The price is dependant upon configuration and options such as CD ROM, memory, software ate. The basic laptop price is approximately $1,400.00 actual price Is again dependent upon added features, The same holds true for the printers with the base price starting at $249.00 and ending at $1,549.00 depending upon the configuration. This RFSP Is for an annual price agreement with prices held firm for 12 months or { until cancelled by the City of Denton, A BACKGROUND: Memorandum from Gary Collins Director of Information Services dated 1-31-95. Request for sealed proposals for acquisition of high tech supplies do not lend themselves to production of a tabulation sheet since the make up of each PC or printer is different. No tabulation sheet was prepared, however, SPI and Computer • City in addition to the most acceptable proposals also offered the lowest prices. • • PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Information Services 1)lvisJon, other departments or divisions utilizing the annual price agreement. • A • a AginP.d,iIto f7 ~~yy cca~r CITY COUNCIL REPORT 1.':~:~.--~ Z;-_J_D FEBRUARY 7, 1995 C7~ /1 J PAGE 2 OF 2 -v FISCAL IMPACT: Each acquisition will be fended from 1999-95 budget funds. Reaps ully submlttee: Lloyd V. Harrell City Manager Approved: Name:-Tom D. Shaw, C.P,M, Title: Purohaeing Agent MAMMA i V1 J • • • g1la~'~Tye 19 Y~p .4 a y~,t. ~J 1 f • 01/51/86 16;Je 1,}011766A663A r~ liool Alr :ih~rl.r~ Q sogs CRY of Db f I ' L. ES 216 E MOWNNEY I DEMON, rWS 76201 / raepHONE (em 66e-e200 MEMORANDUM DATEi January 31, 1995 To, Lloyd Harrell, City Manager From Gary A. Collins, Director of Information Services A08JECTs Data Processing Advisory Hoard Meeting On Monday January 311 1995, a Data Processing Advisory meeting was scheduled to consider a recommendation on the acquisition of personal computers. unfortunately, we did not have a quorum of members as only two mt,mbers were in attendance, I discussed with the members present, the responses to the RFP for personal computers. Both members agree that our beat choice was to purchase the desktop computers and printers from 9Pi Systems and the notebook/laptop from Computer City. in all cases these were the lowest prices offered of all the vendors responding. Also, the other board members we contacted by phone, agreed with this recommendation, mince there wee not a quorum, no official vote was taken and no other business was conducted. if you have any questions or I can be of further service, please let me know. • caryol] Director of Tnformation Services • r• • JPN 31 'C35 16;33 961756168533 PAM, 001 • w =CIT : - MCOUNCI' 1 er a~ 4~ y♦ • ~ 0 4 t ' r ~ ~ `r u t a p0~` ~ • b • w ApledeNa.~..'~`~ Ayeada~tarttl~'~.q~~'. ORDINANCE NO, Date AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTICT PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON; AND PROVIDING FOR EN EFFECTIVE DATE. WHEREAS, the City Of Denton, In accordance with the requirements of TEX. LOC. GOV'T CODE ANN. CHAPTER 272,001 (VERNON 1988), has advertised for the sale of a certain tract of real property located on Woodrow Lane and described as Well Site #f8. WHEREAS, the City manager having recommended to the city Council that the said exchange of land be approved; and WHEREAS, in accordance with Sec, 12.09 of the City Chapter, the Council hereby finds that the property described above is not e3sential to continued effective utility service; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton, Texas approves the contract between the City of Denton and Reuben Cagle, providing for the sale of real property described in the contract, a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein. SECTION TI. The City Council hereby authorized the City manager to execute any and all dor.uments necessary to consummate the sale of real property in accordance with the contract, and the expenditure of funds incidental to said exchange. j SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of 1995. BOB CASTLESERRY, MAYOR • ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS 110 LEGAL FORM: • MICHAEL A. BUCEX, ACTING CITY ATTORNEY • • t SY: • m 811) Nu 1BER 1695 810 PROPOSALS 3 City of 0"10n, Texas 001,E Taxes SI. ~`4~LI102 P1 D ~Pumhaaing Doportmanl WrIlon, Texas 76201 ITEM DESCRIPTION OUAN. AMOUNT SPECIFICATIONS WELL SITE 151 The 0.161 acre tract of land located at S11F.R141AW DRIVE currently owned by the City of Denton is available for sale This site was formerly a water well. A site map and legal description is attached. The City will convey by quitclaim deed, The City will require that the property shall not be utilized for the underground storage of chemicals. W:LI, SITti 18: The .0246 acre tract of land located at WOODROW LANF, currently owned by the City of Denton is available for sale 818 This site was formerly a water well. A site map and legal description is attached. The City will convey by quitclaim ~1n1!i j/oe) decd. The City will require that the property shall not be utilized for the underground storage of chemicals. TOTALS 1 We (iucte [rre above Lob. defivered io fmn[on, Texas. Shipment can he mado In _-__--_----...days from reteipt of order. Terms net30 unloss Otherwise, Indicated • In subrnrhng me, above bid, Ihu vendor afpoes [hat acceptance of any or all bid Items by the City of flenton, Texas wilon a • roasnnab4l pound of timO conshluos a contraci me compluled Old Proposal must be property priced, signed and returned. S'CZJ GRC MAI] I rr - /tJU` GU~'C2J.~~7{:iLCri Meil lny Mdmv f1d, q,qq /IP IYN , • i ~a r C,l~ C r I i ~ \ r C I ~ 'I r SUBJECT ti PROPERTY \ I ~ f C L) rr • ~ ° I ~ l'..J'~''L. ~.1I 11° ' r' ~ ~ Jj~ V ~ri J WELL NO, 8 I I I ill ~ EXHW • an • ~jaatlaNnn.I~,~ 1 cilvf J DATE: I'I4BItQR'Y- CITY COUNCIL REPORT S as 7 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1695 - SALE OF LAND - NFLL SITE #N AND #5 RECOMMENDATION: We recommend the highest bid for Well Site #8, submitted by Reuben Cagle in the amount of $5,100.00, be accepted and that the bid of $5.00 submitted by Trinity Presbyterian Church for Well Site #5 be rejected. SUMMARY: Well site #8 located on Woodrow Lane and Well Site #5 located on Sherman Drive have been declared surplus property. The wells have been plugged and property has been submitted for bid to the general public. The bids received were reviewed by the Public, Utility Board and the above recommendation was made at the Public Utility Board meeting January 19, 1995. BACKGROUND: Tabulation Sheet, Minutes from Public Utility Board dated 1/19/95. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities, Water Production Division FISCAL IMPACT: The funds from this Sale of Land will be deposited to the Revenue Account Number #620-081-6750. i Respe ully sub t + to errs 1 14 City Manager Approved By: Name: Tom D. Shaw, C.P.M. Title: Purchasing w • • r,r.,.-av n•:,vrrr,nrtr u!a.u^.wl'+P?Y-»prngrlY.tlJS1t?;A'~!4Ktk.' i ~ SALE OF LAND TRINITY REUBEN HAMILTON WELL SITES 6 & 8 PRESBYTERIAN CAGLE VALLEY tTE ER 6, 1994 CHURCH MGMT INC E DECEMB CRES WELL SITE #6 66,00 N/B N/B SHERMAN DRIVE y 23, .246 ACRES WELL SITE #8 N/8 $8,100.00 63,480.00 WOODROW LANE BID BOND ENCLOSED YES YES YES ! k~ Ii I I ' I J • •i t , I ll I i lys 1 >I 1 J ,f • -t i ':~t5 eff rfl ~"x!~`r ffi; 1, r{ f~ty i~y~~M ~1;~"v~+~ u 4^ 'krJ ,4. .1 I • w AMA No~ AW4&1 01-30-95P01:56 RC7 v? PUB MINUTES Excerpt 1/19/95 8. CONSIDER APPROVAL OF BID NO 1695 FOR THE SALE OF WELL SITE NO. 9 TO REUBEN CAGLE IN THE AMOUNT OF $5,100 AND REJECTION OF THE BID OF TRINITY PRESBYTERIAN CHURCH FOR WELL SITE NO. 5 IN THE AMOUNT OF $5, Following extensive discussion and summary/background Information Provided by Jerry Cosgrove. Conlen made a motion to approve. the sale of Well Site No. 8 as presented In agenda packet. HPV]d 9 wonded the motion. All ayes, no nays, motion passed unanimously. j • to • gat,: c . • 0 CITY= - C0UNCI Y I 1{ l L=y J e{j1 M1 . Pa F O 0 ♦ Y/ 6 C, 0 • GG i WNW • wj ~agent}aNn ORDINANCE N0. t~ts_. _s Z--1?S AN ORDINANCE AUTHORIZING PARTICIPATION IN THE COOPERATIVE PURCHASING PROGRAM OF THE TEXAS PURCHASING GENERAL SERVICES COMMISSION AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City 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 following numbered items are hereby accepted and approved as being awarded as a result of the bidding process followed by the Texas Purchasing General Services Commission Chapter 271 Subchapter D of the Texas Local Government Code. PURCHASE ITEM ORDER _NO. VENDOR AMOUNT 52628 ALL WEFT INDUSTRIES $16,977.99 SECTION II. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and f.or the specified sums contained in the Invitations, Proposals, and related documents, SECTION III, That should the City and persons submitting i approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposal, 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 Proposal and related documents herein approved and accepted, SECTION IV. That by the acceptance and approval of the above numbered items of the submitted proposals, the City Council • hereby authorizes the expenditure of funds therefor in the amount • and in accordance with the approved proposal or pu,:juant to a written contract made pursuant thereto as authorized herein. • O • w ~jcnrf^No.~ Aflcnuc~ton - SECTION V. That this ordinance shall t~coef 4 immediately upon its passage and approval. S PASSED AND APPROVED this day of 2C , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYi APPROVED AS TO LEGAL, FURM: MICHAEL A. BUCER, ACTING CITY ATTORNEY BY: rRx,oxv I I i I 1 • 0 1 • w 1 ~'.~~alla Ago Icri tU. DATE: FEBRU CITY COUNCIL REPORT 'p TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: WEFF INDUSTRIES - PURCHASE ORDER 052628 RECOMMENDATION: Council approve Purchase Order 1152628 In the amount of $16,977.94 to Weff Industries for two 72" out mowers. SUMMARY: The Parks & Recreation department is requesting the purchase of two heavy duty, 24 horsepower, 72" out mowers to replace rigs 1!3688 and 03689. The rigs were scheduled to be replaced this fiscal year and the mowers to be purchased are available through the state's cooperative purchasing program. According to Chapter 271 Subchapter D of the Local Government Code, purchasing these mowers under the state cantract satisfies the competitive bidding requirements. BACK(;ROUND: Cooperative Purchasing Program Requisition PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation FISCAL .IMPACT: Budget Account 11100-038-0063-9106 total amount of#1,225.36 Motorpool #720-025-0584-9104 total amount of $15,752.58 Reap tfully u tted: to d . Harre 1 City Manager q Prepared By: • 1 oCr /am~;~M iante Ilerden Title: Buyer Approved: NEimo: Tom D. Shaw, Title: Purchasing Agent. 566. ROBt(~A ]Iy~ 1 ..-.,...-.-...._....^--rte . ~ ....rw.w.r. rmr•r~. ~ 0 0 • . ..e.>,:y.. . i pgY'P n.yl'.vM *l 'Pi oa,:y CHASE ORDER NO: 52628 THIS IS A number must appear oil all CONFIRMING ORDER r' e delivery skips. cases, iJ as. packing slips and bins (IF MARKED) . DO NOT DUPLICATE - 1` VJ R 4 I Bid No: STATE BID Oate: 01 18 95 Page No. 01 nr~' i CITY OF DENTONI TEXAS PURCHASING DIVISION 2 901-8 TEXAS STREET / DENTON, TEXAS 76201-4354 r' ri 8171383-7100 DIFVV METRO 8171267-0042 FAX 817!382-4692 VEND 4o4.]?FF INDUSTRIES NAME/ 801 N. BRITAIN DELIVERY CENTRAL RECEIVING S04 ADDRESS ADDRESS PARKS 4 RECREATION IRVING TX 75061 321 E. MCKINNEY DENTON, TEXAS 76201 VENDOR NO. WEF'49000 DELIVERY QUOTED 03 tJ 95 FOB DESTINATION j BUYER M H TERMS ~ LINE TItY T P T J 1 001 1,00 EA VENDOR CAT. #515-45-65100-5 MFr, NAME STATE COMMODITY 7,428.000 7,428.00 CITY # 02033 SERIES 186 MOWER, 4 WHEEL, HEAVY lIUTY DIESEL, I 24 HP, HYDROSTATIC 72" CUT, HOWARD PRICE 72.'7-Y25 H-4 002 1.00 EA VENDOR CAT. # N / A MFG NAME 1,061.000 11061.00 CITY # 02033 BALANCE OF FUNDING FOR LINE 1 24 HP, HYDROSTATIC 72" CUT, HOWARD PRICE 727-Y25 H-4 003 1.00 EA VENDOR CAT. 0515-45-65100-5 MFG NAME STATE COMMODITY CITY # 02033 8,324.580 8,324,58 SERIFS 186 MOWER, 4 WHEEL, HEAVY DUTY DIESEL, 24 HP, HYDROSTATIC 72" CUT, HOWARD PRICE 727-Y25 H-4 P GE TOTAL s 16,813.58 e i JENUOR INSTRUCTIONS:-- 3, Terms - font 30 NM,u 0.1-4. ,,,,dial t Send oripinel invoice with duplicate copy 4. Shipping instructions: F.O.B. Destine ion prepaid lwo, „„,wine a•oe.u Bill to Accounts Payable 5. No federal or slate sales tax Shall be included 216 E. McKinney St. in prices billed. Denton, TX 26201.4299 VENDOR-ORIGINAL xc as ng ivia on i rvriJ'Ir(rli yew,{~r 1 , • a • r,.,r.-... „e.ovrs. n,>=rrr .,.,are,.t d. ^„'tiiMV/r+.xs~4.1s1 PURCHASE ORDER NO, 52626 1H11 IS A ti s number most appear on all CONFIRMING ORDER orces, delivery slips, cases. (IF MARKEDI oxes, packing slips and bills. 00 NOT DUPLICATE r_0 D a Bid No: STATE BID Date; 01 16 95 page No 02 CITY OF DENTON TEXAS =r E, PURCHASING DIVISION 1 901-0 TEXAS STREET I DENTON, TEXAS 76201-4354 8171383.7100 DVFVV METRO A17/267-0042 FAX 8171382-4692 VENDOR" iWFF INDUSTRIES NAKC I:r 902 N. BRITAIN DELIVERY CENTRAL RECEIVIN9 S04 AADRRtSS r ADDRESS PARKS & RECREATION IRVING TX 75061 321 E. MCKINNEY DENTON; TEXAS 76201 VENDOR NO. WEF49000 DELIVERY QUOTED 03 08 95 FOB DESTINATION BUYER MH TERMS LINE D ANTITY LN T I I AMWNT 004 1.00 EA VENDOR CAT. # i1 / A MFG NAME 164.360 164,36 CITY # 02033 BALANCE OF FUNDING FOR LINE 3 ABOVE REPLACES RIG#3688 EMIS #8842 ANDRI0#3689 EMIS #8643 PURCHASED ON STATE BID i i i P OE TOTAL s 164.36 OR ND TOTAL s 16,977.94 • O1 100 038 0063 91.06 1,225.36 • 02 720 025 0584 9104 15,152.58 aNOOA INSTRUCTIONS: 3. terms - Nei 30 (Leta. morn. q..o:.+.1 Send orip-nal mYolce with dupl,uU COPY e. Shipping iriseuctions: F.0.8. Destination prepaid w.i.a L Bill to - Accounit Payable 5. No federal or state sales lax sMll be included 215 E, McKinney SL in prices billed. cirC sing Division Benson, 1K 78201-420 VENDOR-ORIGINAL 1 i 1 ¢ t ,~4 rs.r c1 ~°i V. .n 1. es 0 -ON CITY. ~COUNCII c I a a • w s February 7 L 1 95 Apetltla No~/~5 ^V~ 'SS A~eada~ltQ~ ~:5~' Dated Icrf3 CITY COUNCIL AGENDA ITEM TO: NIAVOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: ADDITIONAL NATURAL GAS SPOT SUPPLIER CONTRACTS RECOMMENDATION: The Public Utilities Board, at their meeting of December 12, 1994 recommended executing contracts with qualified suppliers for natural gas spot supply. SUMMARY: Midcon, Energy Transfer Corporation and Cornerstone have responded to requests for natural gas spot supply per the "Standard Contract, City of Denton Utilities". Those firms meet requirements of the City of Denton, Electric Production Division, and Spot Fuel Purchase Program for natural gas spot supply. BACKGROUND: i In May 1992, the City of Denton instituted bidding procedures for spot purchases of natural gas whereby contracts were established with gas companies interested in participating in the Cily's monthly spot gas purchase program Contact formal wes submitted to the Public Utility Board and City Council for approval along %k ith gas contracts completed with several potential suppliers. The Electric Utility currently has contracts for natural gas spot supply with Enserch, Mobil, Trinity, Trislar, Highland and Taurus Those contracts will remain in effect until either party cancels allowing competitive bidding on a monthly basis. Execution of A additional contracts with Midcon, Energy Transfer Corporation and Cornerstone will t d extend the competitive opportunities for natural gas spot supply s a~ Irn, t..No.». s~ ~SJ q City Council Item S Additional Gas Supplier page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED; City of Denton, Electric Production Division, Spot Fuel Purchase Program FISCAL IMPACT; Increase competition for the supply of fuel gas requirements. 4Respectl y submitted, arrell r e Prepared by: s ~4Mana Jirn'f une, PlanAp proved by: R.6. Nelson, bxecutive Director Utilities j s 0 Exhibits: 1. Signed Contract Midcon 11. Signed Contract Energy Transfer Corporation III Signed Contract Cornerstone 1V. PUB Minutes of 12112/94 I i • Ail, PUB MINUTES Excerpt 12/12/94 S. CONSIDER APPROVAL OF ADDITIONAL NATURAL GAS SPOT SUPPLIER CONTRACTS Following extensive discussion and summary/background Information provided by Jim Harder. Conlen made a motion to approve the additional natural gas spot supplier contracts as presented. o n seconded the motion. All ayes, no nays, motion passed unanimously. 1 • M1l a y~. 1. A e c> 0 ~ ---=CITY COUNCI 0 ✓ , f r{~ w, L ~ tsv~+~~aY.'`i'~ nr i ~p X'~fS ; f•- .i.'1"f'r n.E.,} r:t ,.,t., ~ m.6' 43t ,vrY„~v Ap 1f} Q C w t p r, t• ~O~J r ~ ® O G Y 41 V 1 • 0 F. \WPD0C5\0RDWA6.A ndaNo~ L:1---- A9e9dalte DA6 _ 1 c' b ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AP- PROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND MIDCON TEXAS GAS SERVICES CORP. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDI- TURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has a need for interruptible natural gas pur- chases to provide fuel for the Spencer Electrical Generating Station; and WHEREAS, the City may realize price savings by purchasir,7 gas on the.spot market; and WHEREAS, the City has solicited bids for one year contracts with spot market suppliers of natural gas, in accordance with Chap- ter 252 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council authorizes the Mayor to exe- cute the, attached Interruptible Natural Gas Sales and Purchase Agreement with MidCon Texas Gas Services Corp, providing for the purchase of spot market natural gas. SECTION II. That the expenditure of funds in accordance with the terms of the Agreement is authorized. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: sI ~ J APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTf1ING CITY ATTORNEY BY: S~J"S4w 1 _c~u X y. ~ . • et+ gflr.: a lt t r :IOMuIY 1_ Y 2 ct' 6 Standard Contract Standard Contract City of Denton Utilities Interruptible Natural Gas Sales And Purchase Contract Agreement Date: December 9, 1994 MidCon Texas Gas Services Corp, (SELLER) a Delaware Corporation agrees to deliver and sell gas to the Ciry of Denton, Texas (Buyer) and BUYER agrees to purchase and receive said rueual gas from SELLER pursuant to the terms and conditions hereinafter set forth. 1, DEFINITIONS: The term "Apro meat" shall mean this Interruptible Natural Gas Sales and Purchase Contract including Attachment A which is incorporated herein. 1 he term "month" shall mean a calendar month. The term "MMBtu" shall mean one million (1,000,000) British thermal units. The term "Receiving Pipeline" shall mean the interstate, intrastate, or local distribution company im nediately downstream of the Point Of Delivery. The term "Buyers Notice" shall mean the letter agreement a form copy of which is attached hereto as Attachment A, which may be executed by BUYER and SELLER from time to time and which shall bind BUYER and SELLER to particular transactions for the purchase and sale of natural gas in accordance with the erms thereof and this Agreement The term "Point Of Delivery" shat( mean the location of the physical delivery to the Receiving • Pipeline. 2. TERM; The initial term will be one year from the dale hereof, and month to month thereafter, subject 111 to the right of either party to terminate this Contract on 30 day's prior written notice to the ' O other party, • • c:\wp51\jim\gas04cont,wpd page 19 • a • 3. PRICE AND PAYMENT OF COSTS AND TAXES PRIOR TO DELI On a monthly basis, the price to be paid by BUYER for gas delivered by SELLFh shall be specified on the "Buycrs Notice" shown in Attachment A. Prices shall include and SELLER :.hall be responsible for payment of all royalties, production taxes, property taxes, severance taxes, purchaser taxes, and all other taxes and license fees which attach to the gas prior to delivery hereunder. Prices shall also include and SELLER shall be responsible for payment of gathering and transportation charges to the Point Of Delivery, payments or other charges thereon applicable before the title of gas passes to BUYER at the Point Of Delivery. BUYER shall pay transportation charges on the Receiving Pipeline, downstream of the Point Of I Delivery. 4. QUANTITY AND POINTS OF DELIVERY: Gas quantities and points of delivery will be specified on a monthly basis on the "buyers Notice", as shown in Attachment A, signed by BUYER and by SELLER. Requests for bids, submission of bids, ur preliminary correspondence will not act as a Buyers Notice and shall not be the basis for gas deliveries under this contract. SELLER shall deliver gas quantities consistent with the quantity, Point Of Delivery, Receiving Pipeline, and dates as specified in the "Buyers Notice" from the BUYER. 5. BEST EFFORTS PERFORMANCE: SELLER will make a best effort to deliver, and BUYER best effort to receive, the gas quantities as specified in the Buyers Notice. Either party may at any time curt" or interrupt service with no liability to either party. The curtailing party will make diligent efforts to notify the other party of the situation within 48 hours, 6, INCREASES IN QUANTITY AND CHANGES TO POINTS OF DELIVERY: BUYER may request increases to gas quantities or changes in points of delivery by specifying these requests in a revised "Buyers Notice" to the SELLER If accepted by SELLER, SELLER shall make all arrangements needed to revise deliveries within 24 hours. if SELLER wishes to increase gas quantities or change points of delivery, he must notify BUYER, and receive a re Jsed Buyers Notice signed by BUYER to do so. • 7. OVER-DELIVERIES If SELLER provides gas quantities for a month in excess of 4% above the quantities in the "Buyers Notice" or at points of delivery not specified in the "Buyers Notice", BUYER shall have the right to refuse the quantities of gas and shall be exempt from any payments on those ga:, quantities. SELLER shall be liable for any penalties or excess storage or transportation • charges owed by the BUYER as a result of the SELLERS deliveries in excess of 4% ot'the • Buyers Notice or at locations not specified in the "Buyers Notice i c:\wp51\jim\9as\94cont.wpd page 19 • Q • ea S. GAS AND PRICE UNITS: All gas quantities and prices shall be in MMBtu adjusted to 14.650 psi, at a temperature of 60 degrees Fahrenheit, with both Mcf and Btu free of water vapor (Dry). Prices will be in U.S. dollars. 9. QUALITY AND PRESSURE: The gas delivered by SELLER shall meet the pressure requirements and quality spec frcations ' of the Receiving Pipeline. 10. TITLE: SELLER warrants for itself, its successors, heirs and assigns, title to all gas delivered and accepted by BUYER hereunder. SELLER warrants it has the right and lawful authority to sell the gas and that such gas is free from liens, encumbrances and claims of every kind. SELLER shall indemnify and save BUYER harmless from all suits, claims, liens, damages, costs, losses, expenses and encumbrances of w4atsoever nature arising out of claims of any or all persons to said gas or the title of said gas. SELLER shall be in control and possession of and responsible for any risk of loss, damage, claim, liability or injury caused thereby until the gas has been delivered to the BUYER at the Point Of Delivery. Title and risk of loss shall pass at the Point Of Delivery from SELLER to BUYER. 11. DETERMINING PAYMENT VOLUMES: On approximately the 15th day following the end of each month of gas deliveries, SELLER shall furnish BUYER a statement specifying: volume delivered, location, and Receiving Pipeline If these volumes differ from BUYER's independent monitoring of deliveries or Receiving Pipeline's records, BUYER shall have the right to pay on the undisputed amount either (i) under protest, or (ii) upon final agreement being made on the delivered volumes by BUYER, SELLER and Receiving Pipekne. BUYER and SELLER shall have the right to later revise payment volumes as a result of additional or revised volumetric data from the Receiving Pipeline or other companies associated with the production, sale, storage, or transportation of the gas • 12. PAYMENT Within 12 days of receipt of the statement, BUYER shall make payment to SELLER for the gas quantities as determined in Paragraph I I Payments statements should be directed to BUYER at City of Denton Utilities Electric Production Division ® 1701•A Spencer Road • • Denton, TX 76205 Attn. Jim Thune, Manager, Electric Production c:\wp51\jim\gas\94cont.wpd page 20 A % 0 I 13. NOTIFICATIC Y: So~f'6 Communications regarding the performance of this contract shall be directed to: SELLER: BUYER: City of Denton Utilities MidCon Texas Gas Services Corp. Electric Production Division 3200 Southwest Freeway 1701-A Spencer Road Ilouston, TX 77027-7523 Denton, TX 75205 ATTN: Sidney Brewer Attn: Jim Thum, Account Manager - Southwest Region Sales/Marketing Manager, Electric Production 14. PERFORMING NOMINATIONS: BUYER will be solely responsible for nomination of gas volumes to the Receiving Pipeline, unless SELLER is given specific written authorization from BUYER to perform these nomin6ons. SELLER shall be responsible for all necessary nominations to transporters and all others related to the supply of natural gas prior to Point Of Delivery, 13. EXCHANGE OF GAS QUANTITY INFORMATION: During the period of actual gas deliveries, SELLER and BUYER shall make available to each other current estimates of gas flows at the Paint(s) of delivery under this agreement for the purposes of nomination to others and the monitoring of actual gas quantities delivered. If Seller is unable to provide current estimates of gas activity to BUYER, SELLER will assiv BUYER in obtaining said information from pipeline transporters, processing.plant operators, well operators, or upstream suppliers 16. GOVERNING STATE: This agreement shall be construed pursuant to the laws of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. SELLER: MidCon Texas Gas Services Corp. BUYER: By: James W. Hart / By: f Title: Vice President Title: Southwest Region S Date: December 9 , 1994 Date: c:\wp51\jim\ga9\94cont:,wpd page 21 , • O ' • Ga Date 6 O 6 Firm Address Dar Below is a Buyers Notice for (month, yarl supply to the City of Denton, Texas. Under this purchase the City of Denton, Texas, will take title to the gas at the point of degwry and be responsible for payments subject to the terms of the purchase contract. BUYERS NOTICE OAS SALES AND PURCHASE AGREEMENT Buyers Notice Number. Contract Date: BUYER: City of Denton, SELLER: Electric Production Division All volumes and pries are bawd on mmetu's, adjusted to 14,88 dryldry. Prices are In U.S. Collars, Volume Price Dates for Point of Receiving (mmetu! (ummetu g2live Dailyp Pipeline 14.86 DIDI 14,88 DID1 Accepted and Agreed Accepted and Agreed (Seller) (Buyer) 0 Jka Thune Dated: DataM To facilitate payment, platy sign the above Buyers Notice and return via fax: City of Denton • Electric Production Division 1701-A Spencer Rd • • Denton,Texas 78208 Attn: Jim Thu" (817)383-7881 phone (817) 383.7 688 fax c:\wp51\jim\gas\94cont:.wpd page 22 e 9 ~i A~ =CITY - . COUNCI rY 4 4' 00 0/ 1 to 0 i • 10 • C ~ o M, ~ • Q~O`~ ~ O II 1 • w E: \WPVO(S\ORD\GM.% ~ Oda NO Agenda II Date Iof ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AP- PROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND ENERGY TRANSFER CORPORATION FOR THE PURCHASE O" SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has a need for interruptible natural gas pur- chases to provide fuel for the Spencer Electrical Generating Station; and WHEREAS, the City may realize price savings by purchasing gas on the,spot market; and WHEREAS, the City has solicited bids for one year contracts with spot market suppliers of natural gas, in accordance with Ch-)p- ter 252 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council authorizes the Mayor to exe- cute the attached Interruptible Natural Gas Sales and Purchase Agreement with Energy Transfer Corporation providing for the purchase of spot market natural gas. SECTION II, That the expenditure of funds in accordance with the terms of the Agreement is authorized. SECTION III, That this ordinance shall become effective immed- iately 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 BY: • n,~anttaNfl AftrrdaitomJ~ Standard Contract Standard Contract City of Denton Utilities Interruptible Natural Gas Sales And Purchase Contract Agreement Date: December 12, 1994 Energy Transfer Corporation _(SELLER) a Texas Corporation agrees to deliver and sell gas to the City of Denton, Texas (Buyer) and BUYER agrees to purchase and receive said natural gas from SELLER puu mant to the terms and conditions hereinafter set forth. 1, DEEINMONSt The term "Agreement" shall mean this Interruptible Natural Gas Sales and Purchase Contract including Attachment A which is incorporated herein. The term "month" shall mean a calendar month. The term "MMBtu" shall mean one million (1,000,000) British thermal units. Tho term "Receiving Pipeline".shalt mean the interstate, intrastate, or local distribution company immediately downstream of the Point OfDeLvery. The term "Buyers Notice" shall mean the letter agreement a forth copy of which is attached hereto as Attachment A, which may be executed by BUYER and SELLER from time to time and which shall bind BUYER and SELLER to particular transactions for the purchase and sale of natural gas in accordance with the terms thereof and this Agreement. t The term "Point Of Delivery" shall mean the location of the physical delivery to the Receiving Pipeline. 2, TERM: • The initial term will be one year from the date hereof, and month to month thereafter, subject • • to the right of either party to terminate this Contract on 30 day's prior written notice to the other party. c:\wp5I\jim\gas\94cont.wpd page 18 • ca ~;t> ..C, 3. PRICE AND PAYMENT OF COSTS AND TAXES PRIOR TO DELIVERY: On a monthly basis, the price to be paid by BUYER for gas delivered by SELLER shall be specified on the "Buyers Notice" shown in Attachment A. Prices shall include and SELLER shall be responsible for payment of all royalties, production taxes, property taxes, severance taxes, purchaser taxes, and all other taxes and license fees which attach to the gas prior to delivery hereunder. Prices shall also include and SELLER shall be responsible for payment of gathering and transportation charges to the Point Of Delivery, payments or other charges thereon applicable before the title of gas passes to BUYER at the Point Of Delivery. BUYER shall pay transportation charges on the Receiving Pipeline, downstream of the Point Of Delivery. 4, QUANTITY AND POINTS OF DELIVERY: Gas quantities and points of delivery will be specified on a monthly basis on the "Buyers Notice", as shown in Attachment A, signed by BUYER and by SELLER. Requests for bids, submission of bids, or preliminary correspondence will not act as a Buyers Notice and shall not be the basis for gas deliveries under this contract. SELLER shall deliver gas quantities consistent with the quantity, Point Of Delivery, Receiving Pipeline, and dates as specified in the "Buyers Notice" from the BUYER. 5. BEST EFFORTS PERFORMANCE: SELLER will make a best effort to deliver, and BUYER best effort to receive, the gas quantities as specified in the Buyers Notice. Either party may at any time curtail or interrupt service with no liability to either party. The autailing parry wih make diligent efforts to notify the other parry of the situation within 48 hours. 6. INCREASES IN QUANTITY AND CHANGES TO POINTS OF DELIVERY: BUYER may request increases to gas quantities or changes in points of delivery by specifying these requests in a revised "Buyers Notice" to the SELLER If accepted by SELLER, SELLER shall make all arrangements needed to revise deliveries within 24 hours. If SELLER vishes to increase gas quantities or change points of delivery, he must notify BUYER and receive a re,;ised Buyers Notice signed by BUYER to do so. • 7, OVER-DELIVERIES If SELLER provides gas quantities for a month in excess of 4% above the quantities in the "Buyers Notice" or at points of delivery not specified in the "Buyers Notice", BUYER shall have the right to refuse the quantities of gas and shall be exempt from any payments on those ga., quantities. SELLER shall be liable for any penalties or excess storage or transportation 0 ! charges owed by the BUYER as a result of the SELLERS deliveries in excess of 4% of the Buyers Notice or at locations not specified in the "Buyers Notice". c:\wp51\jim\gas\94cont.wpd page 14 0 0 • ca 8. GAS AND PRICE UNITS, ,5E- All gas quantities and prices shall be in MNMtu adjusted to 14.650 psi, at a temperature of 60 degrees Fahrenheit, with both Mcf and Btu free of water vapor (Dry). Prices will be in U.S. dollars. 9. QUALIT1' AND PRESSURE: The gas delivered by SELLER shalt meet the pressure requirements and quality specifications of the Receiving Pipeline. 10. TITLE: SELLER warrants for itself, its successors, heirs and assigns, title to all gas delivered and accepted by BUYER hereunder. SELLER warrants it has the right and lawful authority to sell the gas and that such gas is free from liens, encumbrances and claims of every kind. SELLER shall indemnify and save BUYER harmless from a!] suits, claims, liens, damage, costs, losses, expenses and encumbrances of whatsoever nature arising out of claims of any or all persons to said gas or the title of said gas. SELLER shall be in control and possession of and responsible for any risk of loss, damage, claim, liability or injury caused thereby until the gas has been delivered to the BUYER at the Point Of Delivery. Title and risk of loss shall pass at the Point Of Delivery from SELLER to BUYER. 11, DETERMININGPAYMENT VOLUMES: On approxunately the 15th day following the end of each month of gas deliveries, SELLER shall furnish BUYER a statement specifying: volume delivered, location, and Receiving Pipeline, If these volumes differ from BUYER's independent monitoring of deliveries or Receiving Pipeline's records, BUYER sball have the right to pay on the undisputed amount either (i) under protest, or (ii) upon final agreement being made on the delivered volumes by BUYER, SELLER and Receiving Pipeline, BUYER and SELLER shall have the right to later revise payment volumes as a result of additional or revised volumetric data from the Receiving Pipeline or other companies associated with the production, We, storage, or transportation of the gas. Y 12, PAYMENT Within 12 days of receipt of the statement, BUYER shall make payment to SELLER for the gas quantities as determined ii, Paragraph 11. Payments statements should be directed to BUYER at: City of Denton Utilities Electric Production Division t 1701-A Spencer Road Denton, TX 76205 Attn: Jim Thune, Manager, Electric Production c:\wp51\jim\gas\94con;,.wpd page 20 , • ca • Y heir-,r•tl ~ DUD- 13, NOTIFICATION: Communicatjons regarding the performance of this contract shall be directed _ SELLER: ~ Utilities Energy Transfer Corporation BUYER: City of Dentn 8080 N. Central Expressway Electric Production Division Suite 1200 1.701•ASpencer Road Dallas, TX 75206 Denton, TX 76205 Attn: Jim Thune, Manager, Electric Production 14, PERFORMING NOMINATIONS: BUYER will be solely responsible for nomination of gas volumes to the Receiving Pipeline, unless SELLER is given specific written authorization from BUYER to perform these nominations SELLER shall be responsible for all necessary nominations to transporters and all ushers related to the supply of natural gas prior to Point Of Delivery. 15, EXCHANGE OF GAS QUANTITI' IN'FORMA11ON: During the period of actual gas deliveries, SELLER and BUYER shall make available to each other current estimates of gas !lows at the Point(s) of delivery under this agreement for the purposes of nomination to others and the monitoring of actual gas quantities delivered, If Seileris unable to provide current estimates of gas activity to BUYER, SELLER will assist BUYER to obmatning said information from pipeline transporters, processing plant operators, well operators, or upstr±am suppliers, 16. GOVERNING STATE: This agreement shall be construed pursuant to the laws of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. SELLER BUYER: Energy Transfer Corpora ion • By: I _ y~ t~lG' C'P By: • Title: President Title. • • Date: December 12, 1994 Date: r, l c:1wp51\jim\gas\94cont.wpd t. Page 21 1 ir, • nq~i::'„It~rn Attachment A Date / C Firm Address b Dear Below is a Buyers Notice for (month, year) supply to the City of Denton, Texas. Underthi, purchase the City of Denton, Texas, will take title to the pas at the point of delivery and be responsible for payments subject to the terms of the purchase contract. BUYERS NOTICE GAS SALES AND PURCHASE AGREEMENT Buyers Notice Number: Contract Datq: BUYER: City of Denton, SELLER: Electric Production Division All volumes and prices are based on mmStu's,adjusted to 14.66 dryldry. Prices are In U.S. dollars. Volume Price Dates for Point of Receiving (mmstul (SlmmBtu Delivery Dellverv Picslime J OS DID) 14.65 D1D1 i I Accepted and Agreed Accepted Lind Agreed (Seller) (Buyer) • - - i Doled, Jim Thune Dated: To facilitate payment, please sign the ab(~'d Buyers Notice and return via fax: • City Denton Electric Production Division • • 1701•A Sponcor Rd Denton,Tnxas 76205 Attn: J.m Thune (817) 3834,551 phone (817) 383.7366 tax c:\wp51\jim\gas\49cont-:pd page 22 w - ffCvlT Y a MO NCI h' I N4 c., , ~At Y IY F ' ~ ~4 f I1,~ t~~t12 ~ l ~'RAfi r 0 r ~ ;1 • ~f a r w 6:\RPDOCS\ORD\GAS. K Ai}M a Ng AgB~daite fete lo-PS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AP- PROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND CORNERSTONE GAS RESOURCES, INC. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AU'T'HORIZING THE EXPENDI- TURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has a need for interruptible natural gas pur- chases to provide fuel for the spencer Electrical Generating Station; and WHEREAS, the City may realize price savings by purchasing gas on the.spot market; and WHEREAS, the City has solicited bids for one year contracts with spot market suppliers of natural gas, in accordance with Chap- ter 252 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council authorizes the Mayor to exe- cute the attached Interruptible Natural Gas Sales and Purchase Agreement with Cornerstone Gas Resources, inc. providing for the purchase of spot market natural gas. SECTION 11, That the expenditure of funds in accordance with the terms of the Agreement is authorized, _ CTIOIIr That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of _ 1995. BOB CASTLEBERRY, MAYO • ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM; • MICHAEL A. BUCRK, ACTING CITY ATTORNEY • BY: s • la ~`1 1~ J Jnvl 131 1~- k:\NFCOCS\OAU\CA5.K ApIndBNo Ag6ndalla Cate - IofS ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AP- PROVING All INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND CORNERSTONE GAS RESOURCES, INC. FOR THE PURCHASE OF SPOT MARKET NATURAL, GAS; AUTHORIZING THE EXPENDI- TURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has a need for interruptible natural gas pur- chases to provide fuel for the Spencer Electrical Generating Station; and WHEREAS, the City may realize price savings by purchasing gas on the,spot market; and WHEREAS, the City has solicited bids for one year contracts with spot market suppliers of natural gas, in accordance with Chap- ter 252 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION_..,_ That the City Council authorizes the Mayor to exe- cute the attached Interruptible Natural Gas Sales and Purchase Agreement with Cornerstone Gas Resources, Inc. providing for the purchase of spot market natural gas. SECTION II. That the expenditure of funds in accordance with the terms of the Agreement is authorized. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. i PASSED AND APPROVED this the day of 1995, 1 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ w APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BYt Lk I Di ' - , 1 1 J 'fnt ~Y '~111f 1~ .~°rni ~y6i P}5~ . 4t • css - t r. ,IFtfl_. $ifn Standard a Contract 2af's Standard Contract City of Denton Utilities Interruptible Natural Gas Sales And Purchase Contract Agreement Date: December 12, 1994 Cornerstone Gas Resources Inc, (SELLER)a Delaware Corporation agrees to deliver and sell gas to the City of Denton, Texas (Buyer) and BUYER agrees to purchase and receive said natural gas from SELLER pursuant to the terns and conditions hereinafter set forth. 1, DEFINITIONS: The tern "Agreement" ahall mean this Interruptible Natural Gas Sales and Purchase Contract including Attachment A which is incorporated herein. The term "month" shall mean a calendar month. The term "MMBtu" shall mean one million (1,000,000) British thermal units. The term "Receiving Pipeline".shall mean the interstate, intrastate, or local distribution company immediately downstream of the Point Of Delivery, The tam "Buyers Notice" shall mean the letter agreement a form copy of which is attached hereto as Attachment A, which may be executed by BUYER and SELLER from time to time and which shall bind BUYER and SELLER to particular transactions for the purchase and We of natural gas in accordance with the terms thereof and this Agreement. • The term "Point Of Delivery" shall mean the location of the physical delivery to the Receiving Pipeline. 2. TERM: • The initial term will be one year from the date hereof, and month to month thereafter, subject , • • to the right of either party to terminate this Contract on 30 day's prior written notice to the other party, c:\wp5]\jim\'gas\94cont.wpd page IS • A 3. PRICE AND PAYMENT OF COSTS AND TAXES PRIOR TO DELigRY.C~13) . 5 On a monthly basis, the price to be paid by BUYER for gas delivered by SELLER shall be specified on the "Buyers Nodce" shown in Attachment A. Prices shall include and SELLER shall be responsible for payment of all royalties, production taxes, property taxes, severance taxes, purchaser taxes, and all other taxes and license fees which attach to the gas prior to delivery hereunder. Prices shat) also include and SELLER shall be responsible for payment of gathering and transportation charges to the Point Of Delivery, payments or other charges thereon applicable before the title of gas passes to BUYER at the Point Of Delivery. BUYER shall pay transportation charges on the Receiving Pipeline, downstream of the Point Of Delivery. 4. QUANTITY AND PORTS OF DELIVERY: Gas quantities and points of delivery will be rnecified on a monthly basis on the "Buyers Notice", as shown in Attachment A, signed by BU YER and by SELLER. Requests for bids, submission of bids, or pre] irninary correspondence will not act .is a Buyers Notice and shall not be the basis for gas deliveries under this contract. SELLER shall deliver gay quantities consistent with the quantity, Point Of Delivery, Receiving Pipeline, and dates as specified in the "Buyers Notice" from the BUYER- S. BEST EFFORTS PERFORMANCE: SELLER will make a best effort to deliver, and BUYER best effort to receive, the gas quantities as specified in the Buyers Notice. Either party may at any time curtail or interrupt service with no liability to either party. The curtailing party will make diligent efforts to notify the other parry of the situation within 48 hours. b. INCREASES IN QUANTITY AND CHANGES TO POINTS OF DELIVERY: BUYER may request increases to gas quantities or changes in points of delivery by specifying these requests in a revised "Buyers Notice" to the SELLER. If accepted by SELLER, SELLER shall make all arrangements needed to revise deliveries within 24 hours. If SELLER wishes to increase gas quantities or change points of delivery, he must notify BUYER, and receive a revised Buyers Notice signed by BUYER to do so. • 7, OVER-DELIVERIES If SELLER provides gas quantities for a month in excess of 4% above the quantities in the "Buyers Notice" or at points of delivery not specified in the "Buyers Notice", BUYER shall have the right to refuse the quantities of gas and shall be exempt from any payments on those • gas quantities. SELLER shall be liable for any penalties or excess storage or transportation • • charges owed by the BUYER as a result of the SELLERS deliveries in excess of 4% of the Buyers Notice or at locations not specified in the "Buyers Notice c;\wp51\jim\gas\94cont.wpd page 19 s o a,. • 4D • ~ 'a,1~o V~_ UD J 8, GAS AND PRICE UNITS: G All gas quantities and prices shall be in MMBtu adjusted to 14.650 psi, at a temperature of 60 degrees Fahrenheit, with both Mef and Btu free of water vapor (Dry). Prices will be in U.S. dollars. 9, QUALITY AND PRESSURE: The gas delivered by SELLER shall meet the pressure requirements and quality specifications of the Receiving Pipeline. 10, TITLE: SELLER warrants for itself, its successors, heirs and assigns, tide to all gas delivered and accepted by BUYER hereunder. SELLER warrants it has the right and lawful authoot to sell the gas and that such gas is free Prom liens, encumbrances and claims of every kind. SELLER shall indemnify and save BUYEP harmless from all suits, claims, liens, damages, costs, losses, expenses and encumbrances of whatsoever nature arising out of claims of any or all persons to said gas or the title of said gas. SELLER shall be in control and possession of and responsible for any risk of loss, damage, claim, liability or injury caused thereby until the gas has been delivered to the BUYER at the Point Of Delivery. Title and risk of loss shall pass at the Point Of Delivery from SELLER toBUYER 11, DETERMINING PAYMENT VOLUMES: On approximatety the 151h day following the end of each month ofgas deliveries, SELLER shall furnish BUYER a statement specifying: volume delivered, location, and Receiving Pipeline. If these volumes differ from BUYER's independent monitoring of deliveries or Receiving Pipeline's records, BUYER shall.have the right to pay on the undisputed amount either (i) under protest, or (ii) upon final agreement being made on the delivered volumes by BUYER, SELLER and Receiving Pipeline. BUYER and SELLER shall have the right to later revise payment volumes as a result of additional or revised volumetric data from the Receiving Pipeline or other companies associated with the production, sale, storage, or transportation of the gas, 12. PAYMENT Within 12 days of receipt of the statement, BUYER shall make payment to SELLER for the gas quantities as determined in Paragraph 1 I. Payments statements should be directed to BUYER ac City of Denton Utilities Electric Production Division ® 170i -A Spencer Road • • Denton, TX 76205 Attn: Jim Thune, Manager, Electric Production c:\wp51\j1m\gas\99cont.wpd page 20 0 0 • AL Ic~J 13. NOTIFICATION: JLan Communications regarding the performance of this contract shall be directed to: Cornerstone Gas Resources, Inc. BUYER: City of Denton Utilities 8080 N . Central Expressway Electric Production Division Suite 1200 1701•A Spencer Road Dallas, Tx 75206 Denton, TX 76205 Attn: Jim'rhune, Manager, Electric Production 14. PERFORMING NOMINATIONS: BUYER will be solely responsible for nomination of gas volumes to the Receiving Pipeline, unless SELLER is given specific written authorization from BUYER to perform thest nominations. SELLER shall be responsible for all necessary nominations to transporters and all others related to the supply of natural gas prior to Point Of Delivery. 15. EXCHANGE OF GAS QUANTITY INFORMATION: During the period of actual gas deliveries, SELLER and BUYER shall make available to each other current estimates of gas flows at the Point(s) of delivery under this agreement for the purposes of nomination to others and the monitoring of actual gas quantities delivered. F Seller is unable to provide current estimates of gas activity to BUYER, SELLER will assist BUYER in obtaining said information from pipeline transporters, processing plant operators, well operators, or upstream suppliers. 16. GOVERNING STATE: This agreement shall be construed pursuant to the laws of the State of Texas and venue for its construction and enforcement shall lie in ihe-courts of Denton County, Texas. SELLER: BUYER: Corn ston -'as esourc Inc, • 61 By: (7vmic~ , HOLOtlK PR[SIDENT • Title: Title: • • Date: December 12, 1994 bate r.\wp51\jim\gas\94cont.wpd page 21 • 0 , ' ; Div, g 0 a lCITY COUNCI 0 • to G s a - V *No ten 06 Gate - 5- to MY Of DENTON, rEXAS MUNICIPAL BUILDING # OENTON, TEXAS 76201 # TELEPHONE (817) 566.8307 Office of the City Manager MEMORANDUM TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: January 31, 1995 SUBJECT: Small Cities EMS Contracts At the January 170' meeting, Council approved six out of the eight contracts with the surrounding cities. We are bringing the final two contracts to you for approval, Corinth and Lake Dallas have signed the contracts; therefore, staff would recommend approval. If you or the Council has any questions, we would be happy to answer them at your convenience. 1 Rick SCity Manager I RS:bw AMM00626 Attachments • "Dedicated to Quality Service" { ff ,iY r ..^r~.~_... . r. r .rkrWWrE1W1YSP~ 4Y.w..., a..l~ ~ i ~ ♦ `6~ ~ ~ 4 N~ as S Jr ~ Mt, 0 c' o j8 DENTON oooooaaQao~ooo a C:3 4 OG Oda ~ T ~ ti ~O~p oaoo 0 N . ~ 0000 ~aaooa~oo ® ITS' COUNCIL ~ • ° • m 0 B: \MTULANC.SER ' A~daNa~' Apdalt 1~*6 l7ete -77- i of ~ RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Corinth for ambulance services, a copy of which is attached hereto and incorporated 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 BOD CASTLEBERRY, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 APPROVED AS TO LEGAL FORM: • MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: e 0 • ca E r\WPODMKWORINTH.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND TEE CITY OF CORINTH Recitals. The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Corinth would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTIT AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOV'T CODE ANN. §791.001, et sea., (Vernon 1994), a city may contrecr to provide emergency medical services to the county or another 'ty. Agreement This Agreement is made on the day of 199 between the City of Denton, Texas (Denton), and The City of Corinth (Corinth). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S, means Personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- ,;ent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Corinth. Denton shall provide emergency medical s'rvices to Corinth in response to requests for emergency medical ver.vices in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Corinth shall he communicated to Denton in the :,fanner specified by Denton. • 3. Discretion in Providing E.M.B. Corinth understands that Denton must also respond to requests for emergency medical services j _or persons in Denton and that Denton has other contracts to pro- j vide emergency medical services to other entities. Denton shall .iave the sole right and discretion, without being in breach of this Agreement and without liability to Corinth, to determine: A (a) Whether or not to respond to a request for medical • • emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medial service; and • d • PAS C-1 ~5 30 ~-1 (d) The time in which to respond to a request for emergency medical service. 4. service Fee. In consideration for providing emergency medi- cal services to Corinth, Corinth agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Corinth by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Corinth during any period of time Corinth is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Corinth, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental ramunity Not waived. Neither Denton or Corinth waives, nor shall be deemed heraby to waive, any immunity or de- fense that would otherwise be :available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termi..ation; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of defa,ilt is sent, the w other party may declare the Agreement terminated. Corinth shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. i 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: 0 To Denton: To Corinth: • • City Manager Mayor City of Denton City of Corinth 215 E. McKinney 2003 South Corinth Street Denton, Texas 76201 Corinth, Texas 76205 %AGE r - - . .~r•~.,..•.. . • r. wr r.Y i{Yl iiw i.. .w .Y. • O • • `10. Agreement Not for Benefit Of Third Parties, This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the day of 199. CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY i BY: CITY OF CORINTH • I' BY:- MAYOR ATTEST: BY: SEICRETARY ~ t. , , 7~ r ^ re~, , 4 of lkt?".~{ed ';3 ~d 1 ~ ilk . . f r DENTON o° oo°°°~ 0°°0~0 o ° p o °oo ~ o ~ d t o 0 Q d co O ppO ~ r ~ ODO 000 ° N ~ ~ ~p00 ~aoaooaaoo ~ e O ® CITY COUNCIL { e • • H AMPU NC.SER ^gernfaNa Agendalte~ <1, Date of - ~7- ~j RESOLUTION NO. pT A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Lake Dallas for ambulance services, a copy of which is attached hereto and incorporated 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 BY: APPROVED AS TO LEGAL FORM: • MICHAEL A. DUCEK, ACTING CITY ATTORNEY BY: Al"'I, Z'v • 0 ,.4 0 ca 0 b:\aa4,ulance,k AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS Recitals The City of Denton currently provides emergency medical ser- vices to the Citizens of Denton. The City of Lake Dallas would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. $791.001, et sect„ (Vernon 1994), a city may contract to provide emergency medical :cervices to the county or another city. agreement This Agreement is made on the 1201 day of January 199 5 , between the City of Denton, Texas (Denton), and The City of Lake Dallas (Lake Dallas). The parties agree as follows: I. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Lake Dallas. Denton shall provide emergency medical services to Lake Dallas in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Lake Dallas shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.B. Lake Dallas understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sale right and discretion, without being in breach of this Agreement and without liability to Lake Dallas, to determine: (a) whether or not to respond to a request for medical • emergency service; • • (b) whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and • O • ra • fir- (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum during each year of this Agreement determined by multi- plying the population in Lake Dallas by Four Dollars and Fifty cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's a '0 1 Directp . The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Lake Dallas during any period of time Lake Dallas is delinquent in the payment of any undisputed service fee, 5. Patient Charges. In addition to the service fee paid by Lake Dallas, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6, Governmental Immunity Not Waived. Neither Denton or Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term, The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. 9. Termination) Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Lake Dallas shall be • liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows; To Denton; To Lake Dallas; City Manager Mayor city of Denton City of Lake Dallas 215 E, McKinney P. 0. Box 386 Denton, Texas 76201 Lake Dallas, Texas 75065 Page 2 rr~r. ~.+w. • . r -Y, r.• ",.f. rlWikir:, . uM1' . • to . _010//J5 ~5 f: ~ I((I////ll~~``ll WV 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Aaaignaaat. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the 12th day of January 1995 CITY OF DENTON, TEXAS BY: _ BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY 1 BY: ~ ~ i CITY OF LAKE DALLAS BY: ~r ATTEST: SECRETARY Page 3 C ~ ~ 1 a. ft`i 'fit T°~~`' F l~{e k7 V'~~~F. F ri;3+pM~~Ift{ . 1, t S r7r, i ,;..N~4< 1 t' rlut ft°_ ~i TS • n i DENTON ~0Q 000Qpp000 oo°° ~ °oo p~°ti ~o ~D c.o ° ° ~ a c::) ra OOOfi~ o~p OOa~ r o N OQO ~caQOOaaoo°° CITY COUNCIL • c~+ AgeatlaNo....?ff 25N Agvdall Date-5?- DATE: February 7, 1995 CITY COUNCIL REPORT FOB= 8 To: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE ANNEXING AND ZONING A 1.1 ACRE TRACT LOCATED ON AND BEING THE EAST PART OF THE RIGHT-OF-WAY OF CORBIN ROAD.(FIRST READING, A-66) RECOMMENDATION: The Planning and Zoning Commission considered this item on January 25, 1995 and voted unanimously to recommend denial. (6 - 0) SSUUMMARY: 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 y1. 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. BACK5 OUND: 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 l.ne run along tte center line of Corbin Road. in view of safety concerns and the high costs to maintain gates and signs, it is proposed ~i to close that portion of Corbin Road. The closure of the 1 road is intended to follow after annexation. • City Council approved an annexation schedule setting the dates for public hearings in accordance with state law and the City Charter. Staff mailed letters to property owners informing them of the proposed annexation. A public hearing was held before the city council on January 3, 1995 find residents spoke in opposition of the annexation because of the inconveniences which will result from the • proposed closure of Corbin Road. • • City Council held a second public hearing on January 17, 1995 and again residents of the area spoke in opposition. At the January 25th meeting the Planning and Zoning 't • O • w • 14 At the a , -7 - C- Zaf'28 meeting commissi January comments h regarding g the ndnegative impacts on economic development and the inconveniences which will result from the proposed closure. Thoy also considered the fact that another low water crossing exists further south on Corbin Road. The Commission voted unanimously to recommend denial. kEgggj1MS DEPARTMENTS OR GROUPS AFFF^^'~^_ Eight homes located along Corbin Road will be affented by the proposed closing of that portion of Corbin Road. Residents may use an alternate route through Springside and Underwood to access Airport Road. FMCAL• IMPACT: The proposed closing of Corbin Road will result in an annual saving of approximately $7,000. 4t, .fully s bmitte : Lloyd Harrell Prepared: City Manager ~A 1 !`1 l2LnQ cW~~ Harry NN Persaud, MRTPI, AICP Senior Planner Approved: rank Robbins, AICP Executive Director Planning and Development • Attachment 01: site map and legal description A-68 Attachment N2: Annexation schedule Attachment M3: Memorandum explaining the cost of the bridge. Attachment W Ordinance Attachment 05: P & Z Minutes • • ANNEXATION A48 PageclMofT 1 3 LkA 'IG_. ( AIRPORT R4. g SITE o ' METRO ST. ' i t ~ f i g caR~~~r Rp. / o / 6oaatloa kap do 5<a e • w ATTACHMENT I Page 2 of 3 r- I o 4 ROAD g ' eJ i ~ aO lee IIOIITM ~OALIV 1' r 1100 IL f' .y r tq. ~ • a ATTACHMENT 1 r ` DO~ Page 3 of 3 ~Cf'f!(I.INlo EXHIBIT "A" (;1i~11ji i± 1 . ALL that certain lot, tract, or parcel of land situated in the T.W. C Daugherty Survey A-357 Denton County, Texas and being more 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-2661 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 northeast 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 Deginning and containing 1.1 acres of land. 4EE00405 i l i • • • • +r 4 • ra ATTACHMENT 2 ANNEXATION SGHE. l~r~~~'`1''b.r~ ~ ( -~.A. 6 p~2 S 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 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, i i r • . • • - ~ t~ ~ r ,I i ~ t ~ 'tiF r yt 5'~~/il`~ til'-ft )fi ~'i(1 i~'~~ l: ~ 'T S. ..a r 4.;',i F~4~Y%;SbrS~',t.'r?5"YryA~,~d. w t ATTACHMENT 4 a L/ T 1 { CITY Of DENTON, TEXAS MUNICIPAL 8L/k0ING ~ DEN TOA, TEXAS 7620! ~ TELEPHONE (8 t7) 5664307 Office of the City Manager MEMORANDUM TOi Lloyd V. Harrell, City Manager FROKI Rick Svehla, Deputy City Manager DATfs January 10, 1995 OUBJECTi Further Information on Corbin Road It is my understanding that Council Member Cott had a couple of questions about Corbin Road; namely the average daily traffic count including when we counted and, secondly, how we arrived at the $550,000 cost for the bridge. The traffic was counted on March 8th and 9th, 1994, from 9:00 a.m. on Tuesday to 9100 a.m. on Wednesday, was 175 vehicles, If you use an average of ten daily trips per residence in this area and since there are eight houses, that would be 80 of the .t 75 trips, The remaining 95 trips could be employees of Peterbilt and Tetra Pak or other people using the road. If it were all employees, that would mean 42 tripe to Tetra Pak and Peterbilt and obviously, 42 trips away at shift changes. The second question had to do with the cost of the bridge and how we arrived at those figures. To get to the numbers, staff used the existing construction requirements in our drainage regulations. The bridge has to span the 100 year flood plain and also have one foot of clearance above that 100 year flood level, This bridge crosses a main branch of Hickory Creek which is the largest of the three major flood plains in Denton. The flood plain at this low water crossing is 350' wide so we assumed the length of the bridge was s 3501, we also assumed that it would be 301 wide which would allow for two 12 1/2' lanes, a guard rail on each side and 4' of walk. Obviously, the bridge could be narrower if the walk were eliminated, Using the 30' of width and the 350' of length, that equates to 10,500 square feet of bridge area. The costs per square foot of bridge range from $35-$75 per square foot. Those figures are a couple of years old. Believe it or not, in terms of bridges, this is not considered to be a large bridge; and because of the span length and the need for piers, the staff used $50 per square r foot for the bridge. "Dedicated to Quality Service" Q F Lloyd V. Harrell January 10, 1995 t. Page 2 The multiplication of this $50 per square foot times the 1u;500' square feet equates to $525,000. In addition to that, you have to reconnect the road on each end, We estimated that at a very small number of $50,000 making the total $575,000, Finally, staff does not have the expertise to do the bridge design work, Again, we used a very low number of 15t for the design for the bridge making the engineering cost $85,000. That makes the bridge cost equate to $660,000. Additionally, since we would have to issue a debt instrument, we assume that it would take us some time to do that and there are issuance costs. For the CIP program, we use 5t inflation per year, and since this is considered a new project, it is also figured as being five years away. Therefore, inflation cost would be about $165,000 making the total $825,000. Issuance cost is about 5t or $40,000 making the total $865,000. It still does not leave any contingency or anything sled. Thus, we have been using the cost of $950,000 to $1 million. One final note, the bridge could obviously be shortened in length, but it would necessitate being built higher and much more road work. When we do that, we then begin to incur costs that roughly equate to original square footage costs so we think the $950,000 for a rough number is appropriate. If you or the Council has further questions, we would be happy to try and answer them at your convenience. c 8v a Deputy City Manager RS:bw AMM0061A cc: Mayor and Members of the City Council Jerry Clark, Director of Engineering/Transportation Harry Persaud, Senior Planner • ri~}4", HIV M~,~fN ~F!^ ~k 0 9 c;a • ATTAC11MENT 5 MINUTES `~J `~11~ . ilk! PLANNING AND ZONING CONMISSI0M January 25, 1995 Regular Meeting of the Planning and Zoning Commission of the g of Denton, Texas was held on Wednesday, January 25, 1995, and began at 5:00 p.m, in the city Council Chambers, 215 E. McKinney. Present: Mike Cochran, Richard Cooper, Katie Flemming, Mary Evelyn Huey, Barbara Russell, Ellen Schertz, Absent: Richard Norton Present from staff: Frank Robbins, Executive Director Planning and Development; Harry Persaud, Senior Planners Owen Yost, Urban Planner: David Salmon, Senior Civil Engineer; Gerald Cosgrove, Engineering Administratori and Chris Rodriguez, Secretary. Ms. Russell: Meeting called to order at 5:06 p.m. I. Hold a public hearing and consider making a recommendation to the City council with regard to the 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) Ms, Russell: The procedures for a public hearing are as follows. The Chair opens the public hearing. The staff reads the petition, gives their report and makes their recommenda- t ions.The petitioner is granted ten minutes to speak to the rsons peti of the fivetminuteseto speakin.favor Persons in o posit n are each granted are each granted five minutes to speak. The petitfoneriis allowed five minutes to speak in rebuttal. The Chair closes the public hearing and the staff makes final remarks. Mr. Persaud: Madam Chairman and Commissioners, City Council approved an annexation schedule setting the dates for public hearings in accordance with state law and the city Charter. The city is proposing to annex a 1,1 acre tract located on and being the east part of the lower section of Corbin Road, This • proposal is being considered by the City and we have visited with the County on this issue. At the public hearings before the city Council the residents met with council and were in opposition due to inconveniences resulting from the closure. The homes heavily impacted are on Corbin Road and they must travel up Springside Road to Airport Road. When staff proposed this to Council, the Council indicated that staff may need to look at possibly annexing some land. Staff reviewed • • the possible annexation of nine hundred acres and eleven homes located in the Corbin Road/Underwood Road area. If this area is annexed and the city absorbs the cost of conLtructing a bridge at an estimated cost of nine hundred and fifty thous:.nd 0 0 • a~ P & Z Minutes a~1~7 January 25, 1995 l-v---~•J Page 2 dollars, the annual payment is estimated at approximately ninety thousand dollars for twenty years. While the City may be able to provide other city services using existing resources, the maintenance costs for existing roads will run approximately four thousand dollars per year. This leaves the City an estimated net loss of eighty-three thousand, four hundred dollars per year. Another possibility is that we may annex the area and use the property taxes estimated at ten thousand, six hundred dollars per year to offset the costs to maintain the existing roads and to keep Corbin Road open by maintaining the gates very much like it is now. In addition the City will provide all of the City services. We are currently spending seven thousand dollars per year to maintain the gates and the crossing, and four thousand dollars to maintain the existing roads, this leaves us with a net loss of four hundred dollars per year. Those are the two possibili- ties, of course with this scenario if you annex then you are putting an additional tax burden on those existing residents and my discussions with them I don't think they are ready for an additional tax. Based on the schedule for annexation on February 7th when we go to Council we need to have at least six of seven votes to proceed, Dr. Huey: I am looking at the map on page 3, the one that has the site. The black line is the area that is proposed for annexation? Mr. Persaud: Yes. Dr. Huey: The City owns the other half of Corbin Road? Mr. Persaud: Yes. Dr. Huey: Does the City own the rest of the road down to Airport Road? Mr. Persaud: Yes. Dr. Huey: Does it own the area south of that black line? Mr. Persaud: No, the city limits line is going across north on Springside here and then goes up so we do not have this O spot in our city limits right now. 0 0 Ms. Huey: Those dotted lines are the city boundaries? Is the plan to close Corbin all the way up to Airport Road or just that one little section there? • c~ • P & Z Minutes January 25, 1995 K-~1! L___ Page 3 Mr. Persaud: We are proposing near the creek crossing. to PParte forCorbin a Road the presently within the city limits and we are annexing that strip which is the other half of Corbin road. Dr. Huey: But the road wi:l only be closed for maybe twenty- three feet? Mr. Persaud: It will be closed at the crossing. Dr. Huey: It will be an open dead end at each? Mr. Persaud: Yes and the reason for that is that there are some existing homes in this area and the access is onto Corbin Road here and so we will close the road at the crossing. Dr. Huey: Does that mean that the people going in and out from those homes then would still have access to the road? The same access that they have now? Mr. Persaud: Correct. Me. Russell: As I understand it they will have to use Springside and Underwood Road out. They will not be able to go towards Airport Road because that will be closed. Dr. Huey: This means that the people who live to the south who live on Springside or Corbin would have to use Underwood Lane? Mr. Persaud: That is correct and that is why these four homes will be more heavily impacted because instead of going out on Corbin Road they will have to o t Springside and then to Underwood Lane to g to Airport Road. This is traveling distance of 1.2 miles. The major cost todtheicity is made by human error or otherwise and if the crossing is not • closed and some incident is to happen out there then the city may have to take the responsibility. We felt that the inconvenience that it would cause the residents is important but the risk involved in the crossing is far greater. Last yearruck Ms thererhave a been wprevious incidents wheregcarshweher re was road where thffeof the O • O one fatality injury that crossing, an When incident r council went around on a CIP tour of projects there was some discussion that staff might want to look into the possibility of closing that crossing. That is the background for the City's position. • dl • P & z Minutes 1 January 25, 1995 tLl- Page 4 a,a ~ZR Ms, Flemming: We are not closing Corbin Road we are just closing the crossing right? Mr. Persaud: That is correct. After the closing it will not be a through road for traffic. It will not affect the homes access to the road. The city will still maintain those roads as we are now at an estimated cost of four thousand dollars a year. Mr. Cochran: How much do we currently spend on the road per year? Mr. Persaud: We spend four thousand dollars a year on road maintenance and seven thousand dollars a year to maintain the gates and related expenses. Ms. Schertz: When there was an accident there were thh gates closed? Mr. Persaud: I believe the gates were not closed when No. Meader was stuck in the crossing. I don't know why they were not closed because the Police report shows that there was in excess of twelve inches of water at the crossing. Ms. Schertz: What is the city's responsibility if signs and gates are in place and someone is swept off? Is the city still liable and I would like to know if there were gates and signs in the death related incident? Mr. Drake: That would be better to discuss in a closed i session. Ms. Schertz: I would like to reserve that option because that may influence my decision if it becomes a safety issue. Ms. Flemming: Do the two homes there experience any flooding • during heavy rains? Mr. Persaud: I do not know the answer to that question. Ms. Schertz: When we are looking at future airport expansion how will the closure of Corbin Road affect that? • Mr. Persaud: we have not done a study on that but we do not ' • • see any problem with closing the road. In the short term we do not foresee any major development in this area but in the long term it remains a special area for development for the city and we feel that with all of the investments in our • O • as P & 7. Minutes t January 25, 1995 Page 5_ airport and the long range plans for the airport this will ha an important area for the city. But in the short term I do not feel that closure of the road will negatively impact development. Ms. Russell: What would be the procedure for opening this road up again at some later date and would there be any costs for opening it up again? Mr. Persaud: There would be a number of procedures to reopen it. If land development is taking place in that area to the extent that the city may wish to review the issue and consider reopening that road. Ms. Russell: would it be conceivable that the city would be a petitioner to open that road again? Mr. Persaud: It could be the city or it could be the homeowners, or a land owner, or a developer. Any one of these things could trigger the Council to revisit the issue. Ms. Russell: I understand that to put that bridge in it is about nine hundred and fifty thousand dollars. Have we proposed to the County that we could give the road to them and let them do the bridge? Could the County accept the whole stretch of road there or could we work together on this? Or is there some work that the County ^ould do on that stream to make this low water crots.ng safer? Mr. Persaud: Initially those issues were discussed with the County and the closure of the road. The indication that the County gave to the City was that we need to proceed to annex the area and take full responsibility for the road and then close it. The County is another governmental agency where cost effectiveness of public expenditure is a major concern. We have not explored doing a joint venture with the County. Ms. Schertz: Back on the death related issue, I understand that the City paid a sum of money to this family, was the County involved in that legal action? Mr. make: As I understand it the city was sued and they 0 set :-~d its' claims leaving the County and the law suit. Yes • as I remember it the County was involved in the law suit at least at one time. Ms. Schertz: Do I understand it from your comments that the County just wasn't cooperative concerning this road? • O • w 005 Q n P & 2 Minutes January 25, 1995 Page 6 Mr. Persaud: No, I wouldn't say that. I believe that our Deputy City Manager, Rick Svehla, met with the County and that in that discussion Mr. Svehla explained the risks involved on behalf of the City and the County felt that before we closed the crossing we need to annex the rest of the road so that we would have the entire right-of-way. Mr. Robbins: The County has not officially made any comment on this issue one way or the other. What we are talking about is County representatives that include the staff and Commissioner Hill. So there has been no official statement from the County of Denton on this issue. What we are talking about is conversation with their staff and Commissioner Hill that has occurred multiple times over the last couple of years. Mr. Cooper: In reference to the ten thousand, six hundred dollars per year of revenue that is mentioned in both of these alternatives, considering the only annexation proposal before us is for a twenty-five foot wide strip of Corbin Road where are we going to get this revenue? i Mr. Persaud: The revenue is an estimation based on a possible annexation of nine hundred acres of land and that is not up for consideration tonight. Those were some discussions that went on with Council at their public hearing. Mr. Cooper: This area is included in this possible nine hundred acres that we are talking about? Mr. Persaud: Yes. Staff is not proposing that annexation or recommending it. Dr. Huey: Does the county share any of the fiscal responsibi- lity for the gates? Mr. Persaud: No, these gates are our responsibility. Dr. Huey: r1hy does the county not have any responsibility? Mr.. Persaud* I do not know why they do not have any responsibility for those gates. B Ms. Russell: Out in this area in the past there has been a ! ! significant problem with dumping. Mr. Cooper: In our backup material there is reference to two previous public hearings where there was opposition to this, ! 0 • e± ' e P & Z Minutes January 25, 1995 1SQfzg Page 7 was the opposition for the annexation or the closure of the road? Mr. Pereaud: The opposition from the residents is in closure to the road and not in annexation. And in this instance the purpose of annexation is to be able to close the road. There would be no reason to annex if we did not want to close the road. Ms. schertz: This was brought to Planning and Zoning through the Council? Mr. Persaud: No, in our Annexation Policy and Process, Planning and Zoning Commission gets to make a recommendation before Council initiates the annexation proceedings. That is how it has been done. Ms. Schutz: is staff' allowed to give me the reason why City Council chose this area for annexation? Mr. Pereaud: I think that the reason is th, background of this crossing and the problems that we have had in this area, the costs and the risks involved. Mr. Cochran: As I understand annexation is secondary, the real issue is closure of Corbin Road. The annexation is merely what was Suggested by the County as a means of us being able to do that since they own half of the road. Mr. Cooper: Are there any -ity utilities such as blectric in this area? Ar. Persaud: don't know who is supplying the electric. (Resident in audience: It is TV Electric.) e Mr. Cooper: Who determines closure of the gates? Do we know how many times they closed the gates last year? Jerry Cosgrove: I am the Engineering Administrator for the Water and Electric Department. The drainage department is responsible for opening and closing the gates. We have a d Standard operating procedure that we have established and e basically we watch rainfall. if it starts raining then we go out and check the area. If it gets to be a foot high then we j close the gates. We have had problems with people unlocking II the gates. This one has been a particular problem for us. We I hac one rain last year that we knew we had closed the gate and e Q w P & Z Minutes _ January 25, 1995 Ogg I Page 8 when we went back out there the water was still high and the gates were open. Mr. Cochran: Hjw many sites in the city It. your department responsible foz closing? Mr. Cosgrove: We have two sites. We have this site here and we also have a site on Mayhill just south of McKinney. Ms. Schertz: What about Ryan Road? Mr. Cosgrove: I think they are under county maintenance, I think it is the same thing with Hickory Creek Road. Mr. Cooper: Other than gates do we have any other means of warning? Ms. Russell: There are signs yin either side. Dr. Huey: What is caked of us at this time is a recommenda- tion regarding the annexation? If the annexation is accomplished and then the process of closing the road moves ahead will that require another recommendation from us? Mr. Persaud: if Planning and Zoning recommends annexation then it goes to City Council, but closure does not come back to Planning and Zoning. Dr. Huey: My understanding from the background information that was given to us is that this idea originated with staff. I have heard something here that makes it sound like it originated with the Council. Please clarify that for me. Mr. Persaud: It originated with staff, and there has been some indication from council on the CIP tour that this is something that staff may want to look into and come up with some proposals. It is essentially at the staff level right now. Mr. Robbins: The technical annexation process like this one is a situation in which you go "should we think about doing this or should we consider this?" and the direction if there O is such is from the Council is let's think about doing this. ! ~ Let's see if this makes sense and do some more detailed work on it. Dr. Huey: Is it typical for hearings with the City Council before it comes to Planning and Zoning? • O • c~ ' e ~ n•1.. n11 U11 J'~ P & Z Minutes January 25, 1995 Page 9 Mr. Persaud: Yes, any time there is annexation we will follow t'iese procedures until they are changed and that calls for Planning and Zoning to make recommendations for annexation after the Council has held public hearings. Ms. Schertz: So when we heard the Ryan Road annexation case it had gone to Council a couple of times before it came to us? Mr. Persaud: That is correct. + Ms. Russell: Is there anyone that would like to speak in I favor of petition? Is there anyone that would like to speak in opposition to the petition? Janie Whitworth: My name is Janie Whitworth and I am a resident on the south side of the low water crossing on Corbin Road. My purpose for being here is to plead with you not to annex so that the road won't be closed. This road is vital to us. I live at the house that is at the intersection of Springside and Corbin Road on the southwest corner of the intersection. I have two heart patients that live in my home, my dad and my husband, and the extra minutes were important. A few years ago my husband suffered a heart attack and the minutes that it would take to get to the hospital could have cost him his life. He was in such bad shape that we had to call an ambulance and when the ambulance came they had a. direct route down Corbin Road. I would like for you to recommend that they maintain these gates and not close the road until they can figure out how to fund a bridge. There is anc,ther ]ow water crossing in this area and they have to m:.ntain this gate also. So while they are out here closing this gate they might as well close the gate on Corbin Road. y They will have to maintain this road for these two houses for four thousand dollars whether the road is open or closed. I am afraid that what you are going to have is people coming out e and dumping. I think the cost will be the same for the City for maintaining the gate because they are going to be over Mere anyway and to maintain the street. Right now people from Peterbilt and Tetra Pak use this road to get to Cie Ponder road. There are a total of four heart patients living on this road presently and I think that justifies leaving this road open and maintaining the gates until they can come up with a 0 way to put in a bridge. I urge you to Uink this out fully. • • Thank You. Mr. Cochran: Who do you rely on for fire protection? Ms. Whitworth: Ponder. 0 0 • w P & Z Minutes 1 January 25, 1995 Pays 10 Mr. Cochran; How will this affect the fire trucks? What route do they take? Ms. Whitworth: As far as I know they take the back roads from Ponder. I believe that being on the outskirts of the city that the city police come by routinely any way and with this road closed off there will be sections that they will not be able to monitor. My main concern is that this is not under water that much. In the summer it is bone dry. May be they closed it twenty-five times out of three hundred and sixty- five days which is not that much. We circulated a petition and had signatures for two hundred people that use this road. As far as my neighbors here I consider the heart patients important,. There is no urgent need to close this crossing. Ms. Schertz: Can you tell us the effectiveness of the gates? Ms, Whitworth: I have been out there eleven years. The gates came after the lady drowned and we really needed the gates. I have only seen about three times where it was really bad. We could really use a bridge. There are two gates out there and there are two bridges out there and in a really bad rain I have seen these bridges under water. What would be an ideal thing for all of us out here is for the funds to be found to fix the bridges out here and to put in bridges over the low water crossings. Dr. Huey: What would happen it there was need for an ambulance and the gates were closed? Ms. Whitworth: It takes me four and a half minutes longer to get home if the gates are closed and if the ambulance were to get lost out there it could cost someone there life. The creek is not up that often, less than twenty times per year. • Ms. Russell: Are there any other questions? Is there anyone else that would like to speak in opposition? Mr. Richard Hayes: My name is Richard Hayes and I live at 819 W. Oak in Denton. I am here speaking as an active member of the Chamber of Commerce and as a member of the cabinet of Vision for Denton 21st Century, and sitting on the study • committee for the Competitive Analysis Study. When I read • this story in the newspaper it struck me that this was not the best alternative that the city could select. The first point that I would like to make is that the airport is an important area to the City of Denton. In the Denton Dovelopment Plan it is designated as a really important area, it is high • a • • C115 __005 p & Z Minutes January 25, 1995 Page 11 J 9 oa 2 ' intensity, it is high density. It is one of three areas that we are trying to direct business and industry. It is also important because the airport is there, we have made major additional financial commitment to the airport with the extension of the fifteen hundred feet for runway. And we are very hopeful that it will have a positive effect on the business climate. The third reason that it is an important area is that in the Competitive Analysis study that is in progress from Fantus they have identified the airport as an important area and an area in which we need to spend additional funds. In the Vision for Denton process we have recognized that the transportation committee, the business committee, that the airport is an important area. It is important to the Chamber because when we get large requests for land this is one of the areas that we show on a regular basis. The problem that we face is that we have been handicapped for years. The access to the airport area is poor. What this annexation will do, if you close the road you are driving another nail in the coffin of an area that is very difficult to show and to prospect when it is supposed to be one of our three most important areas from a business and industrial point of view. We have to start directing more energies and resources to this particular area. We must lead growth with infrastructure. If you close the road then you are closing the development of hundreds of acres and you also shift the cost of future reopening and future bridge building to the potential user. What are the alternatives? You could leave it open and close the gates more often, improve the signs. There are railroad crossings in town where people are threatened and killed more often than at this creek, I would suggest that you leave it open, sign it and gate it better. The second alternative is the bridge. We have streets all through Denton that are in flood plains. Look at Carroll Blvd, Elm, Locust, Mayhill, Airport Road. The proposal is to span the entire flood plain and I think you could do something shorter.. The cost is too high. The next alternative is to improve the low water crossing. Raise it a couple of feet and you address ninety-five percent of the problem as compared to trying to over kill it. I request from a developmental point of view and economic development undertaking to not vote for annexation. © Ms. Russell: Are there any questions of Mr. Hayes? Is there • • anyone else to speak in opposition? The petitioner can speak in rebuttal if they would like? Mr. Persaud: No comments. • a, P & 2 Minutes Artr,, !;;r I January 25, 1995 Page 12 Dr. Huey: There was reference to a low water crossing near the I-35 that has to be closed, is that county or city? Mr. Persaud: There is another low water crossing on Corbin Road. The city is also responsible for that gated crossing. Mr. Cosgrove: I apologize, there are three, I was wrong earlier. Mr. Cochran: That makes a big difference. if they are going to be out there closing the other gate then it blows these figures that we were given. Ms. Schertz: I would also like to ask what is staff0a opinion concerning other alternatives like Mr. Hayes mentioned? Such as raising the road and putting culverts underneath? Was that avenue explored? I have a problem when it comes to the Commission and we are only given one solution. I would really like to see alternatives. Mr. Persaud: The estimated cost of a bridge is based on a design that meets the Federal Regulations. As a local government we need to comply with regulations. For example that bridge has to span the flood plain. If you try to build it shorter than that the water will flow over it. The regulations require that a bridge at that location span the flood plain. our engineers considered that when they did their estimates. Mr. Cochran: That is only if it is in the city. If it is in the county would it come under different regulations or would { they be the same? Mr. Persaud: It would be the same regulations. • Ms. Schertz: If the annexation takes place will the city still maintain most of Corbin Road anyway? Mr. Persaud: Yes. Ms. Russell: How long have those gates been up there? • Mr. Persaud: I think they were installed after the incident • • where the lady drowned. Ms. Russell: What happened prior to that time? Mr. Persaud: There were no gates, there were signs I think. •5 v.+ • r , r P & z Minutes n" r- January 25, 1995__._ Page 17 / 2. Mr. Robbins: There were barricades, l Ms. Ruse+ell: Are we talking about bridging from one top spot to the next top spot for this low water crossing? Mr. Persaud: No, you have to span the entire flood plain. Ms. Russell: There is no bridge there, there is not even a railing. Has anything been done to put any guard rails up so that you could at least make sure you are stay on the road? Mr. Persaud: No we did not look into rails, If the city is going to do any kind of development out there or any kind of infrastructure work we will insure that it meets certain safety requirements. Mr, Cooper: Is there a low water measuring post? Ms. Russell: Yes there is. Mr. Cochran: Have you done a traffic survey of that road? Mr. Persaud: Yes it is in your backup. Mr. Cochran: How will it affect public services such as the fire department? mr. Persaud: It will not affect any services because the area within the city limits can be adequately accessed. It would be four minutes less if the gates are open. If they go out on a day when the gates are closed it will take them an extra four minutes to go around. Mr. Cooper: I noticed in the backup that staff had mailed letters to property owners announcing the proposed annexation. What was the response to those letters? Mr. Persaud: The annexation process does not require that we legally notify "he owners. As a courtesy the staff mailed letters telling the property owners that we were going to proceed with tho annexation and sent them a schedule. ® Dr. Huey: Do you think that it would be a realistic option to • approach the County Commission to look at a joint endeavor to build a bridge there? Mr. Persaud: My feeling on that is that as a governmental entity to do a joint a venture there where you would have to • 4 • a~ • nn - A",a - ?~c1r1 J 1 P & 2 Minutes Q •z0 January 25, 1995 x.0(1 Z D Page 14 OO spend two hundred and fifty thousand to five hundred thousand dollars and there is no cost effectiveness, there is no gains from that expenditure. It may be difficult to work out such an agreement. Mr. Cochran: Since this is a safety issue is there anyone that lives in the area that would be personally affected by this that has requested that this action be taken and believes that it would be in their beat interest to close the road? Mr. Persaud: Not that I am aware of. Ms. Russell: I am going to close the public hearing at this time. Ms. Schertz do you still want to have a closed meeting to discuss liability? Ms. Schertz: Yes I do think it would be appropriate at this time. Ms. Russell: Planning and Zoning Commission will be begin a closed session to consider legal matters under the Texas Government Code Section 551.071. The time is 6:20 p.m. Ms. Russell: The Planning and 7,oning Commission has completed its' closed meeting on the 25th of January, 1995 at 6:32 p.m. Commissioners we have had discussion, our duty is to make a recommendation. Do I hear a motion? Mr. Cochran: Madam Chairman I am prepared to make a motion. i I move that we deny the petition for annexation of the 1.1 acre tract located on the east part of the right-of-way of Corbin Road. I don't believe that it would be in the beet interest of the community to close it at this time. Ms. Schertz: I'll second that motion. • Ms. Russell: Any discussion? All in favor of the motion please signify by raising your right hand. All opposed same sign. Approved. (6-0) • f • w • A68IRV 2 3 ~ NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT OF 1.1 ACRES LOCATED ON AND BEING THAT PORTION OF THE RIGHT-OF-WAY OF CORBIN ROAD EAST OF ITS CENTERLINE, BEGINNING AT A POINT APPROXI- MATELY 2,069 FEET SOUTH OF ITS INTERSECTION WITH THE CENTERLINE OF AIRPORT ROAD AND EXTENDING APPROXIMATELY 1,917 FEET SOUTH; APPROV- ING A TEMPORARY AGRICULTURAL ZONING DISTRICT CLASSIFICATION FOR THE ANNEXED PROPERTY; AND DECLARING AN EFFECTIVE DATE, WHEREAS, the City of Denton wishes to extend its City limits line to include a portion of the right-of-way of Corbin Road, east of its centerline, beginning at a point approximately 2,069 feet south of its intersection with the centerline of Airport Road and extending approximately 1,917 feet south, said area being contigu- ous to the existing boundaries of the City of Denton on at leas,, two sides; and WHEREAS, public hearings were held in the Council Chambers on January 3, 1995, and January 17, 1994, (both days being on or after the 40th day but before the 20th day before the date of institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the prop- erty described herein by the introduction of this ordinance at a meeting of the City Council on February 7, 1994; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation pro- ceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter,; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the tract of land described in exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. j SECTION II_ That the service plan attached as Exhibit °B° and incorporated by reference, which provides for the extension of municipal services to the annexed properly, is approved as part of this ordinance. SECTION IZI: That the property annexed is temporarily zoned for Agriculture "A" district classification and use designation • • A under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION IV: That the City's official zoning map is amended to show the temporary zoning district classification of the property annexed. • • SECTION V: That should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex :;o the City of Denton all the real prop- erty described in Exhibit "Al' regardless of whether any other part of the described property is hereby effectively annexed to the City. If any part of the :real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the city of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance, SECTION Vj; That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00, Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VII: That this ordinance shall become effective four- teen (14) days from the date of its passage, and the city Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1995. i BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM: MICHAEL BUCEK, ACTING CITY ATTORNEY l BY;- -77 PAGE 2 • 0 n', „w . o EXHIBIT "A" Ie. ZS'cg ZQ' ALL that certain lot, tract, or parcel of land situated in the T.W. Daugherty Survey A-357 Denton County, Texas and being more 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 1417 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 northeast 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. AEE00405 a • w SERVICE PLA[V Annexation Number. A-68 Acreage annexed: 1.1 Acres Incsthm: End half of right-of-way of Corbin Road and aommeuciug appnnimately 2,069 feet math of Airport Ras& A. Police ServiQu 1. Patrolling response to calls, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment. 2. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparable areas within the City. B. Fire protection and me rggncy Medical Services (EMS) 1. Fire protection and emergency medical services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. upon ultimate development of the area,the same level of fire and emergency ambulance servicea will be provided to this area as are furnished to comparable areas within the City. C. slid waste Collect A 1. Solid waste collection will be provided to the property at the same level of service as available to comparable areas within the City, within 60 days of the effective date of annexation, D. 8tr"ts and Roads 6 • • 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation. • w • 61 ra.r Q0 2. Routine maintenance of streets qn~1~ r~ds-- ~jftj gin in the annexed area on the effective date of annexation using the standards and level of service as currently applied to comparable areas of the city. 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curb cuts and gutters, and other such major improvements, as the need therefore is determined by the City Council or Manager, will be accomplished under the established policies of the City. 4. Traffic signals, signage and other traffic control devices will be installed as the need therefor is established by appropriate study and traffic standards. 5. Street and road lighting will be installed in the substantially developed areas in accordance with the established policies of the City. E. Environmental Health and Code Enforcement Services i 1. Enforcement of the City's environmental health ordinances and regulations including, but not limited to the grass and weed ordinance, garbage i and trash ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the annexation. All ordinances and regulations will be enforced through the use of existing personnel. 2. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. 3. All inspection services provided by the City of • Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. 4. Flood damage mitigation will be provided by existing codes and ordinances of the City as of the • effective date of the annexation. • • 5. As development and construction commence within this area, sufficient personnel will be provided to furnish this area with the same level of ~~n I I:;.:I4!i1 L11.~,CJ._1~_yyL',,.1,._Z~~~g I: environmental health and cades~`ltfo rl~=-&QWV4ee8 as are furnished to comparable areas within the City. F. planning sad Development services The zoning jurisdiction of the City will extend to the annexed area olz the effective date of annexation. The tract is to be temporarily zoned Agricultu?_a (A) zoning classification at the time of annexation. G. F.IeSt!caL Distributign Electrical power will be made available to the site as required, at the same level of service currently being provided to comparable areas within the City. H. Miscellaneous Street names and signs will be installed, if required, approximately six (6) months after the effective date of annexation. 1, Capital Imp o ements Program (CIP) The CIP of the City is prioritized by such policy guidelines as: 1. Demand for services as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. 2. The overall cost-effectiveness of providing a specific facility or service. r "Fhe annexed area will be considered for CIP improvements ir. the upcoming CIP plan. This tract will be considered according to the same established criteria as all other areas of the City, 3 c . cr _ r DENTON e ooo OOOQ 0 p D 4~ qp0~~ ~o ~D D d amp~'h ~-~"OCO oopo o N, ~~oooo ~oaoooaooo ® CITY COUNCIL r • W ' o AgandaNo~~~ ApbndaltemG~-~~- g DATE: Febn*--7; CITY COVNCIL REPORT FO_ ~ '.f To. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE ANNEXING AND ZONING A 199.5 ACRE TRACT LOCATED EAST OF MAYHILL ROAD AND NORTH OF EDWARDS ROAD: (FIRST READING, A-64) COMMENDATION: The Planning and'Zotting Commission considered this item on January 25, 1995 and voted unanimously to recommend adoption (5 - 0) 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 proposed to be zoned light Industrial "Ll" zoning district classification with a specific use permit (;UP) for a landfill. ; 13ACKGROU_ ND: 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. A public hearing was held before the City Council on January 3, 1995 and Mr. Roger Crawford spoke it, opposition. He suggested that the City consider redesigning the landfill operations so as to leave the communications antenna in place. Staff is currently negotiating with Mr. Crawford with the view of relocating t) the communications tower. City Council held a second public hearing on January 17, 1995 and no spoke in opposition. The Planning and Zoning Contmission + 0 considered this item on January 25, 1995 and voted 5 - 0 to recommend approval Page 0 0 • PROGRAMS. DE.PARTM<iN'rS rtganrlaNr _ ~ Agtmdalta OR Rnttpc ~trarrr-run Q9'i9_.~:.Z.`_1~_... Solid waste services. Z 4440 PISC.AI IMPACT: The pitmhase and annexation of this site will provide long term solid disposal capacity for the city. ` 4Reftspec ly subziltted; arrell Prepared by; ger a-\ U 1:~zca c Harry N. Persaud, MRTPI, AICP Senior Planner Appr ved: Frank H. Robbins,,AICP Executive Director for Planning and Development • Attachment #1: Site map and legal description A•64 Attachment #2: Annexation Schedule • Attachment #3: Land ownership map • • Attachment #4: Annexation Ordinance Attachment #5: r, & z Minutes Page • • ~rtttaNa...._ A-LV4 ndriflttll ATTACHMENT z ~9ndalta OR7H Page 1 of 2 DaIC a' 7 R 5 1 II ~ J1 ~ I y ~ 1 I YI4 1 - I Location Map Date: 3/8/94 Sala None • cs • AgendeNa- ATTACHMENT 1 J Page Z of z AAa~daifem c ALL that certain lot tract or p_fJ ~/pg~p parcel of lend lying lying and and being situated in the County of Denton, State of Texas, being part of the Gideon Walker Survey A-1330 and more particularly described as i followel BEGINNING at a point in the existing 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 83-18 and in the center of an east/west road (known as roster Road)l 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-13301 THENCE south with the vest 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 canter of a county road and also the northwest corner of Ordinance 86-141 THENCE south 20 west with the east line of ordinance 86-14 a distance of 1727.92 feet to the northwest corner of ordinance 63- THENCE south 880 291 east with the north lino of Ordinance 83-16 a distance of 1489. 1 feet to the northwest corner of Ordinance 86151 THENCE south 8050 530 east with the north line of ordinance 86-15 a distance of 1412.5 feet to the northwest corner of Ordinance 86- 2181 THENCE south 86' 59' 59" east with the north line of ordinance 86- 218 a distance of 621.98 feet to the northeast corner of ordinance 86-218 and in the west line of ordinance 84-17, Third traetl THENCE north 260 fiat to the northwest corner of ordinance 84-17, Third Tract and the southerly southwest corner of Ordinance 83-181 • THENCE north 16 410 08" east a distance of .541.96 feet with the . most easterly west line of ordinance 83-181 THENCE north 874 371 54" west with the northerly south line of Ordinance 83-18 a distance of 831.02 feet to a point for eornarl THENCE north 884 15t 45" west with the northerly south line of • Ordinance 83-18 a distance of 742.29 feet to the most northerly • southwest corner of Ordinance 83-181 THENCE north 14 091 20" east with the west line of ordinance 83-IP, a distance of 1308.77 foot to the Point of Beginning and containing 199.5 acres of land. • A • ATTACHMENT 2 AgendrwNO AgepdOeri ( ANNEXATION SCNRDUI-Tr " S~ ZEd 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. 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 C ronicle. March 21, 1995 Final Action by City Council. Second reading and adoption of the Annexation ordinance. s 0 0 • e., • • r. N i I r [ern rud` w «..u fcw,ir^R -NX l l I 1 + ~ o l~ I~ I u ii I 'I f OSi[R ROAD ! a CITY PROPERTY L. LANDf L I • I a I 1 CITY OF DEPITON HAS OPTION TO PURCHASE PROPERTY ---f CITY OF DEL E L ILL STREETS; wl tqw» fa r Wes. • , 1 . w.4 .ter. • .r ii • • A ndaNu__,C~.:J _~UJ ATTACHMENT Ado d~~ . P & Z Minutes 11 January 25, 1995 Page 15 70~ II. Landfill annexation and zoning. a. Hold a public hearing and consider making a recom- mendation to the City Council with regard to the proposed annexation of a 199.5 acre tract located east of Mayhill Road and North of Edwards Road. (A-64) Mr, Persaudr Madam Chair and members of the Commission the city is proposing to annex 199.5 acres situated east oL Mayhill Road and north of Edwards Road. The purpose of this annexation is to zone the land appropriately and expand the city landfill. At a public hearing before the City Council Mr. Crawford spoke in opposition of the proposed annexation, since then staff has entered into some discussions with Mr. Crawford. They are working towards an agreement concerning the communications tower on the site. since that is a real estate matter we will not discuss it at this open meeting. It is my understanding that those discussions are working out favorably and since then Mr. Crawford has not spoken at any other hearings. The schedule for this annexation is the same as the was mentioned earlier. We would be glad to respond to any questions. Ms. Russell: Are there an question? is there anyone to speak in favor of the petition? Mr. Charles Watkins: My name is Charles Watkins and I an the superintendent of the Solid Waste Division. We have a great interest in this annexation and proposed zoning. This particular site is scheduled for two additional actions and I am available for any questions or concerns. Ms. Russell: Are there any questions? Is there anyone else to speak in favor of the petition? Is there anyone that would like to speak in opposition to the peti'a.on? Mr. Wade Willis: My name is Wade Wil.-a and I live at Route 7, sox 91B in Denton. I have twenty-five acres that I bought in 1977. I am very opposed to this annexation. I am outragod with what the city has comb up with. I feel that I will probably not be successful because the city is the petitioner. What the city would like to do is to build a ninety-five foot A high mountain. It will be ninety-five feet abovoa Mayhill Road • • and it will make this site probably the highest point in Denton County. I live on the third highest point in Denton County and what they want to do is to build higher than my property. They also went to put up a hundred foot buffer zone y between Mayhill Road and Edwards Road. This is not much more s c~ • AgWaNo A~}cntlalte%zat~ ) P & Z Minutes 1XI12 O January 25, 1995 Page 16 going to cl-111 than~an put in someusmall trees, ashthis hthing eis being build, out as a screen. if you can picture this as you drive down I-35, on this newkninety-five right landfill. i i inety-five toot off to the mountain of garbage and on a windy day this garbage will be H wl y in and trucks going dint a d out 1 smel blob be nall oisy There cont will science can a city like-Denton put in 35, and whereayounhaveltheaGolden If I be visible you come up s Triangle Mall, a new hospital, and a new high a°hnine story came in as a developer and asked to put up you wouldaallowdme to fill it with to do that? You would laughyme think structure right out of here. The land has been bought and I know this is futile. Nobody came and asked if we would be in favor of the city buying tho land and expanding the landfill. You are putting this thing in a corridor of growth. You are putting E1 plan yif the buffers were five lhundred to one th usandh feet and this was built at a dreasonable (environment eoand Tthe radically and is going to that i s where appearance of that part of Denton Count osing to build something growth that is coming from. They are newspaper came out with an wAted to dog The city had already acthatcousnt of not going the to go city away. bought the land. it came out that they were thinking about had doing this and that is not erritts y that the new landfill dons it. Sere in todays' Pap expansion is scheduled for completion in 1997 and this is before the commission has even judged this. I grow up here in Denton and as a planner and a builder I would never buy a are discs of property propertyuvalues, I have a beautiful houseuwith destroying o horses and C°We and they want to put this behind me and they lighting Ifrom would bright accept white they behind me. want tower t if move strobe to a red light. I went to the FAA and they told me that they had made recommendations to change the lighting to red. It still has a white light. At night I have to shut my blinds and the drapes so that I do not have to see the e foot mountain be light. they want to build now th at aisiforty ® flashing fivlv • • feet high and they have spent so much that they are wanting to y put so much there as to make it ninety-five feat hi.anWehall hate this thing and we feel that we have been gypped They have sent a l of and swaggied and neglected they are going to be pitching this thing realthardmonWe are ; ~ 0 • w P & Z Minutes nncndallum.,._ January 25, 1995 1 Page 17 i11L.._a; mil'-o~2s prepared to go to court to keep this from happening, Ms. Russell: Was the city dump there when you bought your land? Mr. Willis: No it was not, The landfill has been run fairly well. I am about a half a mile from the landfill and I am separated by some woods and a hill. We are letting poop' :e from Texas Waste Management use it. In the proposal they want to plan trees to shelter it. Well they are going to need to plant some Sequoias out there and start planting them now. We don't want the dump to go in and then put the trees in. They are going to do a major mining operation out there. Mr. Cooper: Show us where your property is again, Mr. Willis: I live on Edwards road, They will close off the back area as a buffer zone and move the tower there, well they can't build back there because there t3 a creek back there and there is a main trunk line back there. The buffer along Mayhill Road and Edwards Ruad is a joke. In Corsicana there is a landfill and they had to put a buffer of eight hundred feet, We have the potential for an area of growth. 'l.ie only reason they are doing it is that it is convenient, Mr, Cochran., Are you familiar with the bill green hill that is acrosu from Vista Ridge off I-35' That Iv a landfill, Mr. Wiii;a, I am aware of it. Do you know the height of that thing? understand the need for a landfill and the need to build it right. I am not totally opposed to a landfill if they were going to keep it reasonable. What they are trying to do now is totally unreasonable, Ms. Russell: Is there anyone else that would like to speak in opposition? Ms. Wilma Haggard: My name is Wilma Haggard and I live on Mayhill Road and have been there for forty-nine years. we have worked out there and have tried to do what was beat fur the community and now they are proposing a hundred and fifteen foot buffer along Mayhill Road. Has anyone measured what a one hundred and fifteen feet buffer is? Than they are talking r ® about building the landfill ninety-five feet high, We talk about beautifying Denton so ploase don't forget abet us out there, we live out there and there is a community out there. We would like you to consider setting it farther back. The city bought the land and they are doing wor): out there and 1 M 0 • r„y Age:i' am l~~'f 76 P & Z Minutes Uak;._. G January 25, 1995 Page 18 I then you want to know what our comments are. I am asking you to consider a five hundred foot setback. It is devallxating our property. I know we have to have progress but we need a little consideration out there. Why not stop Waste Management from using our landfill which would help our landfill. I live: on Mayhill Road and we have thirty-five acres. Ms. Russell: Is there anyone else to speak in opposition? Mr. Sherwood Spencer: My name is Sherwood Spencer and we live at the corner of Spencer Road and Mayhill Road. We have one hundred and eighteen acres out there. No one has told us anything and all of a sudden &il of the houses across the road on Mayhill disappeared. No one notified us, no one told us one thing and I don't think that is a proper way to handle this. How about. property values? I talked to a real estate agent and he said that the property values will drop ten thousand dollars an acre. We will take you to court if we have to. Ms. Russell: How did the real estate agent come up with that figure? Did he have other cases? Mr. Spencer: He came up with that figure based on other cases where he has dealt with real estate. Dr. Huey: Will you show us where you live? Mr. Spencer: On Mayhill Road right across from the site abou' halfway down the road. Ms. Russell: Is there anyone else to speak in opposition? Mr. Don Cunningham: My name is Don Cunningham and I live at 3724 Quail Creek Road next to the railroad right-of-way. We have been there twenty-three years and I would just like to i A speak in support of Mr. Willis, Ms. Haggard and Mr. Spencer. We are a little farther from the dump than the other folks are. I don't have any objection on how the dump has been run and we are a little farther from it and with the Setback. If it comes up with a hundred and fifteen feet on Mayhill I really don't understand why the city wants a dump across the street from houses, (Mr. Cooper left at 7:00 p.m. and went to the hallway.) Mt. Russell: Is there :anyone else to speak in opposition? e T o ca eE G P & 2 Minutes January 25, 1995 page 19 Mr. Scott Bennett: My name is Scott Bennett and 7 live at 2229 Westview Trail. I am here in opposition of the landfill on behalf of the company that I work for which is Clayton Homes. They own Pecan Creek Mobile Home Park at 2601 Mayhill Road. The company purchased the mobile home park back in 1991. It was distressed property when we bought it and we have made it a nice place to live over the last three yearn. We oppose this for three primary reasons. We feel that it will devalue our property greatly and we have a major investment there. Our second concern is the deterrent of future businesn there. When we take a distressed property and buy it we sell mobile homes and fill up our communities and then we keep them and maintain them. The third reason that we are apposed to this is that we have been notified that there will be a loss of business if this expansion occurs. We as a corporation are prepared to fight this. Ms. Russell: Is there anyone else to speak in opposition? Mr. Robert Donnelly: My name is Robert Donnelly and I have twenty acres on Quail. Creek Road. I question what is this site going to do to the ground water? Mr. Watkins: Ground water is a key issue that tits Texas Natural Resources Conservation Commission is interested in and looks at prior to granting a landfill permit. We have drilled a number of wells on this property and we have taken a number of samples from those wells. One of the purposos is to determine how deep we should excavate the site, basically what the character of the ground water is underneath that site. We have done some extensive analysis in that area in preparation for our permit application. What that has told us is that our average depth of excavation is going to be somewhere in the neighborhood of sixteen feet above the general surrounding elevation. It is not going to be extremely deep. With regard to protection of the ground water resource basically a set of regulations that is referred to as Sub Title D went into effect about a year and a half ago which really requires kind of a generic design for the landfills. And the ultimate goal of that design is to protect the ground water that is underneath the landfill, We are required to provide background data with respect to the constituents that are in the water now and when the landfill is in place we have to A monitor that on a routine basis to determine whether or not there in any change in that ground water and whether or not there is a leak. If the certain constituents reach a J particular threshold then we are required to go into what is called assessment monitoring where you step up your assessment • ca lendaNo,- -coo P & Z Minutes January 25, 1995 Page 20 and try to determine what is causing the problem. If it is a contamination situation then ultimately we have to fix the problem. The regulations require that we design this landfill and the purpose of the design is to prevent a leak. Ms. Russell: Is the landfill monitored at a higher level? Mr. Watkins: Yes it is. We have our laboratory technician who goes and takes the sample but all of the data from the sample is sent to TNRCC in Austin and their ground water monitoring team looks at every report that is sent to them to determine if there is any variation from the background samples. Additionally we have an on-site inspection that takes place once every two months. The inspector comes out of the regional office in Duncanville. Mr. Cochran: What kind of liner will this have? Ms. Russells Can we hold that question because I still have a number of questions that I would like to ask. Did you have any more questions Mr. Donnelly? Mr. Donnelly: What is Loop 288 going to do? Mainly that it is almost unrealistic to me that they are going to have a ten story high landfill right off I-35. Ms. Rusuell: I would like to make an announcement that at approximately 7:00 p.m. Commissioner Richard Cooper left the room and will not be a part of the deliberations. He is an employee of Andrews Corp. which is in this vicinity and lie chose to not be a part of the deliberation. He wants to avoid any conflict of interest. Ms. Russell: Is there anyone else in to speak in opposition? • Dr. Huey: Can Mr. Donnelly show us where his property j located? Mr. Donnelly: I own twenty acres that is south of Ms. Haggards' property and I bought it to retire on. Ms. Russell: Mr. Persaud do you have anything further? Mr. Persaud: Madam Chairman, from the staffs' standpoint I would like to point out to the Commission that the city has purchased most of the land in this location and the petition before you tonight on this first item is for annexation only and not a landfill. The other item is for light industrial • ~i 1 . - 0 • • 4tloodalto ~..UP & Z Minutes 18"1810 A- January 25, 1995 Page 21 I zoning and not a landfill. The third item is for the landfill. Staff would like to separate the items. Annexation is not tied to the landfill. That is the ultimate goal but you can consider the landfill finally on item three. '_hsss proposals before you tonight will not negatively impact the city's long range plans. Ms. Russell: I am going to close the public hearing at this time. Any final remarks pertaining to the annexation from staff? Ms. Schertz: When did the city purchase this land? Mr.. Persaudr I don't know the exact date but the first thing that we did was to enter into an agreemcnt with Mr. Sullivan to purchase one hundred and thirty-five acres in 1992. Since that time we have purchased all of the exiGting properties on this side which is fifty-five acres. Thera is an additional ten acre tract that we are currently negotiating for and that is progressing favorably. Mr. Cochran: I am prepared to move that we approve this annexation. My reasons are just on the narrow issue of the annexation. It seems to make some sense from a long range strategic point of view for the City of Denton to do this. I would move that we approve this. Dr. Huey: I'll second. Ms. Russell: Any further discussion? All in favor of the motion to approve the annexation please raise your right hand. All opposed same sign. Approved. (5-0) Mr. Cooper was not present. • • ~ ~t , i ° i y~~~ry~V ~ ..f~~,, i~ ~ivuiF. t rt • 1 AG90PD NO. v AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT OF 199.5 ACRES LOCATED EAST OF MAYHILL ROAD AND NORTH OF EDWARDS ROAD; APPROVING A TEMPORARY AGRICULTURAL ZONING DISTRICT CLASSIFICATION FOR THE ANNEXED PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has purchased approximately 55 acres of this tract and has a contract to purchase an additional 135 acre,3 for the purpose of expanding its landfill: and WHEREAS, the City of Denton wishes to extend its City limits line to include the entire tract comprising 199.5 acres; and WHEREAS, public hearings were held in the Council Chambers on January 3, 1.995, and January 17, 1994, (both days being on or after the 40th day but before the 20th day before the date of institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the prop- erty described herein by the introduction of this ordinance at a meeting of the City Council on February 7, 1994; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the C.ty of Denton after annexation pro- ceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; NOW THEREFORE, THE COUNCIL OF' THE CITY OP DENTON HEREBY ORDAINS; aE_QTION Io- That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION II: That the service plan attached as Exhibit "B" and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION IIT_L That the property annexed is temporarily zoned for Agriculture "A" district classification and use designation under the comprehensive zoning ordinance of the City of Denton, 'T'exas. ® SECTION ly;That the City's official zoning map is amended to r • show the temporary zoning district classification of the property annexed. U9jjQtL That should any part of this ordinance be held illegal for any reason, the holding shall not affect the validity • O as • Agenda No.r...:.l✓.._ ~D,~ Agendaltdn~.r-C~.~~: "l~ of the rc:, aininq /S c nan hereby declares i porto benitsf ur oseto annce and the City Council l all the real property described inn Exhibex t ~ity of Denton it o" the a regardless of whether any other part of the described property is hereby effec- tively annexed to the City. If any part of the real property annexed is already included within the city limits of the City o£ Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance, SECTION VI• That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000,00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION ViI: That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of 1995. ROB CASTIEBBRRY, MAYOR J ATTEST JENNIFER WALTERS, CITY SECRETARY BY: 0 APPROVED AS TO LEGAL FORM: MICHAEL BUCEK, ACTING CITY ATTORNEY BY e PAGE 2 A1~~ • as • w C~ r that EXHIBIT "All ijondaNo 18+lddll8nl ALL certain lot, tract, or parcel of land ~xing nd situated in the County of Denton State of Texas bein~+b Gideon Walker Survey A-1330 and more particularly described as follows; BEGINNING at: a point in the existing 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 83-18 at.d in khe 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 86-14; THENCE south 20 west with the east line of Ordinance 86-1.4 a distance of 1.727,92 feet to the northwest corner of Ordinance 83- 16; distanceoof111489.19feet tovtlehnothe rthwest north coline of rne.r of O Ordinance 8 86115; a 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 860 591 591, east with the north line of Ordinance 86- 218 a distance of 627.98 feet to the northeast corner of Ordinance 86-218 and in the west line of Ordinance 84-17, Third tract, THENCE north 1260 feet to the northwest corner of Ordinance 84-17, Third Tract and the southerly southwest corner of Ordinanc,! 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 870 37' 541' west with the northerly south line of Ordinance 83-18 a distance of 831,02 feet to a point, for corner! T!(ENCE north 880 15' 45" west with the northerly south line of Ordinance 83-18 a distance of 792.29 feet to the most northerly southwest corner of Ordinance 83-18; • w • THENCE north 10 09, 201, 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. AEE0028C/9 • w • ~IondaNo.~ ~ [ ;3 Q4~eatlalEam..,~~. Annexation Number. A44 l7 OE'1..,Q- Acreage annexed: 199.5 Acres UMMfloso North of Edwards Road sad East of Maybill Rand. A, Police services 1. Patrolling, response to calla, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment. 2. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparable areas within the City. B. Fire protection and lmeraencv Medioal ga+1+ 1F~). 1. Fire protection and emergency medical services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. Upon ultimate development of the arsa,the same level of fire and emergency ambulance services will be provided to this area as are furnished to comparable areas within the City. C. hater/Waatewater.eervices water and wastewater services will be extended to the • property in accordance to the City's master utility plan and Section 34-110 of the Denton Code of Ordinances. t Developers shall pay the actual cost of all water and sewer main extensions, lift stations and other necessary facilities required to serve their development in accordance with the city's master utility plan and the ® Subdivision and Land Development Regulations. • • The City may participate in the cost to oversize water and sewer mains subject to fund availability and approval of the City Council. YV Agenda No„ I_LL 00 5 Where water or sewer main extensions, l,i force mains or other necessary facilities are Install by the developer, the developer shall be entitled to reimbursement of the cost of such facilities from pro-Cb% rata charges paid by persons connecting to or using such facilities to serve their property, according to the Subdivision and Land Development Regulations. D. Solid Waste C>>~p~*iop 1• Solid waste collection will be provided to the property at the same level of service as available to comparable areas within the City, within 60 days of the effective date of annexation. , 2, As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to thin property in accordance with then current policies of the City as to frequency, charges and so forth, E. lgtreets and Re 1• The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation, 2. Routine maintenance of streets and roads will begin in the annexed area on the effective date of annexation using the standards and level of service as currently applied to comparable areas of the city, 3, Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curb cute and gutters, and other such major improvements, as the need therefore is determined by the City Council or Manager, will be accomplished under the established policies of the e City. i 4• Traffic signals, signage and other traffic control devices will be installed as the need therefor is established by appropriate study and traffic standards, a Street and road lighting will be installed in the r • • substantially developed areas in accordance with the established policies of the City, 2 Q - ','.f~•~~~ . t i ti, iii l'i, s a, s r ftsndaNo -.,-Om gerrr1a1f8R~~~ 16 ; F• F~lyl~onmental Health and Code F ~~-!cTi'^'•~ nforcemen Gp T 1• Enforcement of the Cityls environmental health ordinances and regulations including, but not limited to the grass and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the annexation. Existing swimming Poole will be allowed six months from the effective date of annexation to comply with provisions of the Swimming Pool Ctide. All ordinances and regulations will be enforced through the use of existing personnel. 2 construction uodes, as electrical, may i be l adopted and all by the City, will be enforced within this area beginning with the effective date of the annexation. Existing personnel will be used to provide these services. 3• The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. 4. All inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation, Existing personnel will be used to provide these services, 5• Flood damage mitigation will be provided by existing codes and ordinances of the city as of the effective date of the annexation. 6• As development and construction commence within this area, sufficient personnel will be provided to furnish this area with tha same level of environmental health and code enforcement services as are furnished to comparable areas within the city, c' Planr,inp and DeVelonmenr a OLNiges The zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. The tract is to be temporarily zoned Agriculture (A) zoning classification at the time of annexation. • 3 i A • rra • AQ8a4a No r 00 fa) )k J AgorwtElto ~~7~ i. Parks and Aeoreation Sen1,~,~ fk31o_.~„~:Y.~._~'~~ Residents of the newly annexed area may use all recreation facilities, including parks and swimming pools throughout the City, on the effective date of the annexation. The same standards and policies now used within the City will be followed in the maintenance of parks, playgrounds and swimming pools. J• Electrical Distrlbu inn Electrical power will be made available to the site as requirod, at the same level of service currently being provided to comparable areas within the City. K• Miscellaneous , Street names and signs will be installed, if required, approximately six (6) months after the effective date of annexation. Residents owned buildings eordsearea may use all rvices within thepcityaon the effective date of f annexation. A publicl buildings or services will be maintai owned n d in accordance with established standards and policies now used in the City. L. capital Imnroveme s Program (Crn~ The CIP of the City is prioritized by such polio as; y guidelines 1. Demand for services as compared to other areas will be b population density, magnitude ased on uijaracteristics of topography, land utilization, comparable areas, established o technical problems standardsJ and professional studies. 2. The overall cost-effectiveness of providing a specific facility or service. • T the he annexed area will be considered for CIP improvements in according mtogtheisamelestablished criteria i as all other considered of the City. 4 soak= • • Agendalte of .p. o r Trot r da zee CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM! Lloyd V, Harrell, City Manager t, SUB): An ordinance approving an agreement between the City of Denton and Texas Woman's University to provide funding to TWU Cares, a primary health care clinic; authorizing the Mayor to execute the agreement approving the expenditure of funds therefore; and providing for an effective date. RECOMMF.NDATIOy: The Community Development Staff recommends approval. The expenditure was approved by city council in the 1994 Combined Statement of Community Development Objectives and Projected Use of Funds and the HOME Program Description, I BACKa 2ROUND: On June 7, 1994 the Combined Statement of Community Development activities was approved by city council. Activities included an allocation of $20,000 to TWU CARES to provide health services to the very low income of Denton. Nurses provide health services to people at low or no cost. All funds accepted are based on ability to pay and funds are used to pay for replenishing supplies and to pay medical costs for clients. SUMMARY: This ordinance approves the use of funding to pay for additional service staff. A senior staff nurse for 16 hours per week and two student dental hygienists for 15 hours per week will be paid with CDBG funds. Some supplies will also be purchased. PRQQ-1 AMS DEPAR_, 1L4EN~ S QR GROUPS AEF'L7EQ; { Indigent Families Needing Health Care Texas Woman's University j TWU CARES Staff t d Denton Housing Authority • • Community Development Staff O URLCOMMCARES.ORD\1 AgortdaNo E[$,CAL IMPACT; AgGntl~lta~.~ CDBQ funding for the program was approved on June 7. No additional fiscal impact is anticipated. Respect ]ly'su/bmitted; U to d V, Harrell City Manager Prepared by; Barbara Ross Community Development Administrator Approv ran Robb s, A 1CP Executive D rector for Planning & Development • 4\ONRLCORRVkUCARES.ORO\2 rr~...~.rrr wa • a~ • r b:twca re.o r Agenda* G 0 j agentlal ret~~~~ rite ORDINANCE NO. 14 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE FUNDING TO TWU CARES, A PRIMARY HEALTH CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Texas Woman's University, in consideration of the valuable public services to be furnished by Texas Woman's University to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL. OF THE CITY OF DENTON HEREBY ORDAINJ: ECTI N I. That the City Council hereby approves the "Agree- ment" attached hereto, between the City of Denton and Texas Woman's University to provide funding to TWU Cares, a primary health care clinic, and authorizes the Mayor to execute said Agreement. SECTION 13. That the City Council authorizes the expenditure of funds in the manner and amount specified in the Agreement, SECTION ILL, That this ordinance shall become effective imme- diately upon its passage and approval, PASSED AND APPROVED this the day of 1995, BOB CASTLEBERRY, MAYOR i • ATTEST: ' JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: • • MICHAEL A. HUCEK, ACTING CITY ATTORNEY BY: • • 4:. _ r • ii, ! c { ! ,tiF! i*qll vj~/?'1.,1 ~`Z'Y;: r , • • Agon~aNo. ~_~W`~(J AGREEMENT BETWEEN THE CITY OR DEN' 8ffdallOfR~n1L_ - AND TSYl1S WOMAN'S UNIVERSITY (TWfr C.A.WI •s.}-•.~J This Contract is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Managor, pursuant to ordinance, hereinafter referred to as CITY, and Texas Woman's University (TWU C.A.R.E.S.), Denton, Texas 76204, TWU C.A.R.E.S. hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban development under Title I of the Housing and Community Development Act of 1974, as amended, ands WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds to Texas Woman's University which sponsors a health clinic, andr WHEREAS, CITY has designated the Community Development office as the division responsible for the administration of this contract and all matt rs pertaining thereto, and; I WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOS91 THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. I. TERM This Contract and agreement shall commence on or as of October 1, 1994, and shall terminate on September 30, 1995, unless extended as provided herein, II. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities, in a satisfactory and efficient manner as determined by CITY, in accordance with the • terms herein. CITY will consider CONTRACTOR'S Vice President for Fiscal Affairs to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, ana approved by CITY. The Community Development Administrator, will be CITY's repre- sentative responsible for the administration of this contract. 0 Page I • O 0 o, 0 r WOW- ~ 5 III. Apen~altem ~5 CITY' $ OBLIGATION Bite ' - - o\ A, Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $20,000. B. Measure of Liability. In consideration of full and satisfactory services a,.zd activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section VII of this Contract. (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Contract. If adequate funds are not available to make paymenta under this contract, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Contract. If CDBG funds eligible for use for purposes of this Contract are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Contract. (2) It is expressly understood that this Contract in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which; (a) has been paid, reimbursed or is subject to ' payment or reimbursement, from any other source] (b) was incurred prior to the beginning date, 1 or after the ending date specified in Section I; (c) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto] (J) has not been billed to CITY within thirty p (30) calendar days following billing to CONTRAC- TOR, or termination of the Contract, whichever date is earlier; i Page 2 0 4 s. It • c~ • Agaatla~lam~.5 (e) is not an allowable cost as defined by b Sall~z ection XI of this Contract or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Contract to any party other than CONTRACTOR for payment of any monies or provision of any goods or services, IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS A. CONTRACTOR understands that funds provided to it pursuant to thin Contract are funds which have been made available to CITY by the Federal 3overnment (U.S. Department of Housing and Urban Developmer.LJ under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances, Accordingly, CONTRACTOR assures and ce-c.ifies that it will comply with the requirements of the Housing .nd Community Development Act of 1974 (P.L, 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CPR. The foregoing is in no way meant to constitute a complete compila- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR furthL_ assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised it shall comply with them, or notify CITY, as provided in Section XIII of this Contract. CON ACTOR agrees to abide by the cunlitionk of and comply with the requirements of the office of Management and Budget Circulars Nos. A-110 and A-122. B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the ® legal authority, pursuant to any proper, appropriate and official , • motion, resolution or action passed or taken, to enter into this Contract. B. The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute Page 3 • a+ • r ,r~endsNo. g thin Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set fortli. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has suspended or terminated this Contract fcr the reasons enumerated in F this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. vI. PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for ell purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and cuff cient payment for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all othex terms, provisions and requirements of this Contract, No modifications or alterations may be made in the WORK STATEMENT without the prior written approval of the City's Community Development Coordinator. vlr. • PAYMENTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling $20,000 for services rendered under this Contract. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. CITY shall not pay in any three month period more than twenty-five (25k) percent of the A maximum amount specified above. • Funds are to be expended primarily as shown in the Budget, Exhibit B. Page 4 • • AgendaNoy.i~QJ Agondallen, H. Excess Payment. CONTRACTOR shall refund to CITY within te.z (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines; (1) has resulted in overpayment to CONTRACTOR: or, (2) has not been spent strictly in accordance with the terms of this Contract; or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs. Upon termination of the Contract, should any expense or charge for which payment has been made be subs quently disallowed or disapproved as a result of any auditing or monitoring by the Department of Housing and Urban Development, or any other Federal agency, CONTRACTOR will refund such amount to such federal agency within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any other funds received from or through CITY, D. Dsobligation of Punch. In the event that actual expendi- ture rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under. expended funds. E. Contract Close Out. CONTRACTOR shall submit the Contract close out package to CITY, together with a final expenditure report, for the time period covered by the lest invoice requesting reimbursement of funds under this Cor:t-ract, within fifteen (15) working days following the close of the Contract period. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR. At the termination of the Contract, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following format; • (1) A TWU check for the net aggregate amount payable to the City of Denton (2) A listing showing the Social Security number, full nam.±, last known complete address and the amount owed to each person involved. ♦ VIII. , • WARRANTIES CONTRACTOR represents and warrants that: Page 5 0 t t r~ l~end~IVo _ 5~ ` Apo,~tlalto A. All information, reports and data heretofore or her after requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the data shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. 1 ' C. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRAC- TOR, i D. CONTRACTOR has #.he power to enter :'ito this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. IX. COVZXANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Executive Director of Planning and Development or his authorized representative: A. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. 0 B. Sell, convey, or lease all or substantial part of its assets. C. Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser, X. ALLOWABLE COSTS A, costs shall be considered allowable only if incurred directly specifically in the perfirmance of and in compliance with Paget 6 0 0 • • NjortdaNo Agrrerlallen~ ~ - this Contract and in conformance with the standards an ` provi 3- of Exhibits A and P. 10 0 B. Approva of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrance or expenditure during any one month period which exceeds one-fifth (1/5) of any budgeted line items for personnel costs as specified in Exhibit B. t (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract. (3) out of town travel, (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. (5) Any alterations, deletions or additions to the Person- nel Schedule incorporated in Exhibit A. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. written requests for prior approval are CONTRACTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY, Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property, Any procurement- or purchase which may be approved under the terms of this contract must be conducted in its entirety in accordance with the provisions of this Contract, XI. PROGRAM INCOME A. For purposes of this Contract, program income means earnings of CONTRACTOR realized from activities resulting from this Contract or from CONTRACTOR's management of funding provided or received hereunder, So..i earnings include, but are not limited to, ~ • • ® income from interest usage or rental or lease fees, income produced from contract-supported services of individuals or 1 employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties for services rendered by CONTRACTOR under this Contract, Page 7 • O • • Lb-LD C) v~ontlaNo C ~a3ar,dalla S J, E. CONTRACTOR shall include this Section in its en irety i.n 110a all of its sub-contracts which involve other income-producing services or activities. XII. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and state regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure, Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. P. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for three years. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Contract. D. At any reasonable time, the CONTRACTOR shall make avAilable to CITY, HUD, or any of their authorized representatives, r.3cords pertaining to this Agreement and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and data requested by said representatives. XIII. REPORTS AND INFORMATION 1 • At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Contract. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no leas than once each three months, with the first • reports due on or before December 1, 1994. The beneficiary report • • shall provide a detailed description of client information, inclu- ding race, income, female head of household. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section r of this Contract. Page 8 • 0 • G) • XIV. fl~le _ MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this Contract. H. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Contract. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a wf,y so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR. XV. INSURANCE All doctors and nurses providing care to patients shall be required to maintain professional liability coverage of no less than one Hundred Thousand Dollars ($100,000) to insure the services provided under this contract by such professionals. XVI, EQUAL OPPORTUNITY • A. CONTRACTOR shall comply with the Equal Employment and Affirmative Action Federal provisions. S. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or agulations. C. CONTRACTOR will furnish all information and reports , requested by the CITY, and will permit access to its books, • • records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. Page 9 • 0 • as • r 6flerido No „ XVII. ~9Gf 1J!(Gfh L~~zkJ PERSONNEL POLICIES )at6 _,.C-2__ C) r) Personnel policies shall be established by CONTRACTOR and shall be available for examination;. XVIII. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. E. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or tha interest in any corporation, partnership, or association in which he has direct or indirect interest, or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. XIX. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who in a member of the immediate family of any person who is currently e board. The mployed by CONTRACTOR, or is a member of CONTRACTOR's governing term "member of immediate family" son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother • and half-sister. XX. POLITICAL OR SECTARIAN ACTIVITY A, None of the performance rendered hereunder shall involve;, and no portion of the funds received by CONTRACTOR hereunder shall • be used, either directly or indirectly, for any political activity • • (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. Page 10 • ; A • ra • r tvpirlaNo~ Q i u c B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity. XXI. PUBLICITY A. Where such action is appropriate, CONTRACTOR shall pub- licize the activities conducted by CONTRACTOR under this Contract. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton havin; made the project possible: B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Contract. When material not origi- nally developed is included in a report, the report shall identif} the source in the body of the report or by footnote. This provi- sion is applicable when the material is in a verbatim or extensive paraphrase format, All published material submitted under this project shall include the following reference on the front cover or title page: This document is prepared in accordance with the City of Denton'a Community Development Block Grant Program, with funding received from the United Statas Department of Housing and Urban Development. C. All reports, docriments, studies, charts, schedules, or mot:;,:: appended documentation to any proposal, content of basic proposal, or Contr.:-ts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR, shell become the property of CITY upon receipt. • XXII. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time: CONTRACTOR is preparing or submitting any application, for funding in accordance with the following procedures; • • A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Pape_lI . ..~....~«-r. ..(`M. • .-.w.r Wes. JifY'V.i: Ya .Y ~ ` ' i • p LL,ti • cp i • Agonda No r r D Such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by a CONTRACTOR, together with copies of the budget, program descrip- tion, and contract. R ~ C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY, =III. CHANGES AND AXDMX&NT9 } A. Any alterations, additions, or deletions to the terms of this Contract shall b by written amendment executed by both parties, except when the terms of this Contract expressly provide that another method shall be used. 8. CONTRACTOR may not make transfers between or among approved line-itt;ms within budget categories set forth in Exhibit & without prior written approval ~f CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision not increase the total monetary obligation of CITY under this Contract:. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Contract. i C. CONTRACTOR will submit revised budget and program informa- tion, whenever the level of funding for CONTRACTOR or the pro- gram(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that chanr_es in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract. Any such modifications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a part of the Contract on the effective date specified by the law or regulation. • Contract, request changes in tExhibit Au which t mays include the increase or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit S shall require the prior C written approval of CITY. • • G. CONTRACTOR agrees to notify CITY in writing of any proposed change in physical location for work performed under this Contract at least thirty (30) calendar days in advance of the change. Page 12 • • w H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. I. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXIV. TZRMTKATION A. CITY may terminate this Contract with cause for any of the following reasons; (1) CONTRACTOR's violation of covenants, agreements or guarantees of this contract. (2) Termination or reduction of funding by the United States Department of Housing and Urban nevelopment. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit 8, B. CONTRACTOR may terminate tlaL Contract in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Contract, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Contract upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Contract. C. Upon receipt of notice to terminate, CONTRACTOR shall cancal, withdraw, or otherwise terminate any outstanding orders or • subcontrac`s which relate to the performance of this Contract. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date. XXV. NOTIFICATION OF ACTION BROUGHT • In the event that any claim, demand, suit or other action is • • made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, which may invoke this agreement, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action] the names and Page 13 ~..~~..r...._~_s+.~luW . I rw Y~ W W~•Y IY~',, • W f~i. • • 0 • w • r !)entl2No. C addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceedingi the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. SR'vI . MISCELLANEOUS ~ A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. B. if any provision of this Contract is held to be invalid, illegal, or unenforceable, the remaining provisions shal]. remain in full for^e and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Contract, together with referenced exhibits and attaci.;ients, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Contract, whether written or oral, shall have no force or effect whaLzoever; nor :hall 'Any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subse- quent thereto, have any legal force or effect whatsoever, unless xecut • amendmenteof this Contractng and if appropriate, recorded as an E. For purposes of this Contract, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set for below; d G;TJ : T9 CON'TRACTOR: r City Manager Robert 0. Benfield City of Denton Vice President for Fiscal Affairs 225 E. McKinney St. Texas Woman's University Denton, Texas 76201 Denton, Texas 76204 Pege 14 • f-' w • r ~pentiaNo ~ Dale --c~.=:~_._ IN WITNESS OF WHICH this Agreement has been executed 0 IN WITNESS OF WHICH this Agree en has been execute~~n~q~ 9 the day of 199'. e CITY OF DENTON TEXAS WOMAN'S UNIVERSITY (TWU C.A.R.E.S.) BYl BY: LLOYD V. HARRELL, ROE T 0 BEN EE CITY MANAGER VICE PRE IDENT FOR FISCAL AFFAIRS ATTEST; ATTEST: JENNIFER WALTERS, CITY SECRETARY SECRETARY ` XIG yy~~~<,w~ 6Y: 8Y: APPROVED A: TO LEGAL FORMi MIKE BUCEK. ACTING CITY ATTORNEY BY: • • • • Page 15 • • • • EXHIBIT "A" STATEMD170F'WORK ~{JendeNo, ~Q5 The Texas Woman's University, College of Nursing sponsors a primary heahhtAigg L/ collaboration with the Donlon Housing Authority. The center is located on thgWpo the Phoenix Apartments, a mulli-famiiy housing project managed by the Donlon Housing Author The health center is a nurse managed facility staffed by two master's prepared Community Health Clinical Nurse Speclalists, the center nurse manager and the assistant manager. Their salaries are paid for by a Federal grant and United Way funding, In addition, Registered Nurses working on advanced degrees in nursing provide client care as part of their student clinical experience. Faculty supervise student learning. The purpose of the health center Is to provide high quality, accessible health care to the very low Income population of Denton who have no health Insurance or who have difficulty finding medical or dental health providers who will accept medicald. Nurses provide health services to people at low or no cost. All funds accepted are based on ability to pay and funds are used to pay for replenishing supplies and to pay medical costs for clients. Through a combination of on•slie services and referrals to local medical procassionals who have agreed to cooperate on a volunteer basis and/or accept partial payment the center has been able to develop an effective system of health care delivery. Health care delivery services Include health promotion, screening procedures Immunizations, medical and dental treatment case managamentN f clients, counseling, and education. • SJ+ , r ~ ~ r it b7C J 'l" ,r ! 1i. ,I,~S 1, 9;1 ,i +~f.Y'~i rirr~~ r.-~ Ml- • t~► • 11i22/ei, ".11:48 W817 '$e8 3418 'IbU CONY' bVU'. 5.•, YU uu 3" aQD* No~ Apo~dalte ~ Date & ed TEXAS WOMAN'S aNIURSITX TWp C.A.R.Z.S. HEALTH CENTER Community Development Block tyrant PROJECTED BUDGET December 1, 1994 - September 30, 1995 PERSONNEL Senior Staff Nurse (R.N.) Salary, 10 months, 16 bra/wk, .40 FTE S 9,950 Fringe Benefits 1,493 Total salary $ 11,443 Dental Hygiene Student Salary, 15 hrs/uk x 44wks $ 21891 9 $ 4, 38/hr. Fringe Benefits 434 Total Salary a 3,325 Dental Bygiene Student Salary, 15 hrs/vk x 44wks $ 2,891 Q $ 4.38/hr. Fringe benefits 434 Total Salary 0 3,325 SUPPLIES (Consumable items) # 11907 Supplies for Physical & Dental Exams, (i.e., latex gloves, gowns, tongue blades, cotton, at*.) • OWD TOTAL $ 20,000.00 • 0 J 6641 '1 ,1 f T1 t1 f11 d • .k y'y~ ti , '.ax,~t 1 , ~f $ d 0 n74.P5',ti p~1y_ ~ SJ~$, 7.P~ j~~ ~9 f ~Mf 0 c, • XITY~.-=-_ I COUNCI: - { ~ r as t • ♦ r~ GL • o JIII o ~j r • r A andalle D: 02/07/95 of-5 CITY COUNCIL, REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ: Approval of an ordinance authorizing the mayor to execute Amendment No. I to the agreement between the City of Denton and United Way of Denton County, Inc., dated December 7, 1993 and Amendment No. 1 to the agreement between the City of Denton and United Way of Denton County, Inc. dated November 15, 1994 to allow for additional time for the expenditure of funds. RECOMMENDATION: The Community Development Staff recommends approval. BACKGROUND: The United Way of Denton County, Inc. has req!tesied an extension of their 1993 contract to provide services to children in the Owsley Addition neighborhood. Due to various factors, including the discontinuation of many programs sponsored by the local YMCA, United Way has not spent all 1993 funding. New efforts to set up programs and gain the participation of the children have been successful. United Way staff member: have worked with Denia Recreation staff to replace some YMCA programs. It is now projected that all 1993 funds will be expended by June 1995. i SUMMARY: i t This ordinance will amend the 1993 contract to extend the term until June 1995. The 1994 contract will be amended tc start the term on July 1995 and extend it • to September 30, 1996. PROGRAM DEPARTMENTS OR GROUP' AF ECTED United Way Staff Community Development • • • Parks and Recreation Staff Families in the Owsley Addition 4 \GRRLCORR\UN R EOVY.MV \I Agenda No Agoodallamr OaIG _ FISCAL IMPACTR Contracts and funding had been approved previously. No additional fiscal impact is anticipated. ZRespectfft subm itted: rrel] City Manager Prepared by: Barbara Ross Community Development Administrator Approved: rank Rob ins, A CP I Executive Director for Planning & Development • 4 WNRLCORR\UNI 1 EOWY.AM\2 • a ! !/tl~~~i r'r 1 ~ t t ~ IAre ~ ~ ~ ~t~~ Icy • i E:\RPCOCS\0U\UM£AT. AM 1 1; r•.: C C A89Ad'a N9..-.-- ApoatlalSerr~ _ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY OF DENTON COUNTY, INC. , DATED DECEMBER 7, 3.993 AND AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY OF DENTON COUNTY, INC., DATED NOVEMBER 15, 1994 TO ALLOW FOR ADDITIONAL TIME FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the city council has determined that it is in the best interest of the citizens of the City to extend the terms of the Agreement Between The City Of Denton And United Way Of Denton County, Inc, dated December 7, 1993 and the Agreement Between The City Of. Denton And United Way Of Denton County, Inc, dated November 15, 1994 (collectively referred to herein as "Agreements") in order to allow time for the expenditure of funds for United Way's Rainbow Connection Programt and WHEREAS, Amendment No. 1 to Agreement Between The City Of Denton And United Way Of Denton County, Inc, dated December 7, 1993 and Amendment No. 1 to the Agreement Between The City Of Denton And United Way Of Denton County, Inc. dated November 15, 1994 extend the terms of the Agreements to allow additional time to expend funds for United Way's Rainbow Connection Program; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the Mayor is authorized to execute Amendment j No. 1 To Agreement Between The City Of Denton And United Way Of Denton County, Inc. dated December 7, 1993 and Amendment No. 1 To Agreement Between The City Of Denton And United Way Of Denton County, Inc. dated November 15, 1994, copies of which are attached hereto. SECTION II, That this ordinance shall become effective immed- iately 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; MICH'AEL`` A BUCEK, ACTING CITY ATTORNEY BY: v - i)t M t4 I ;i~ .Ir ~h1~A. v41)k'~'1t i~t. as e A~oadah'o G-1~~?5 AMENDMENT NO. 1 TO AGREEMENT BETWEEN u d THE CITY OF DENTON AND UNITED WAY OF DENTON COUNTY, INC., DATED DECEMBER 7, 1993 WHEREAS, on December 7, 1993, the CITY of DENTON, DENTON COUNTY TEXAS, hereinafter called "CITY", and the UNITED WAY OF DENTON COUNTY, INC., hereinafter called "CONTRACTOR", entered into an Agreement Between the City of, Denton and United Way of Denton County, Inc. for the expenditure of funds for United Way's Rainbow Connection Program, hereinafter called "Agreement"; and f WHEREAS, CONTRACTOR was unable to expend the funds set forth in the Agreement within the time set forth in the Agreement; and WHEREAS, CITY and CONTRACTOR desire to extend the term of the Agreement to allow CONTRACTOR additional time for expenditure of funds; NOW, THEREFORE, W I T N E S S E T H: ARTICLE I. That Section I. TERM of the Agreement which states: This Agreement shall commence on or as of October 1, 1993, and shall terminate on September 30, 1999, unless extended by the CITY. Requests for extension must be in writing and are to be submitted to the Community Development Office on or before the Agreement termination date. is hereby and herewith deleted from the Agreement and replaced with the following: This Agreement shall commence on or as of October 1, 1993, and shall terminate on June 30, 1995, unless extended by the CITY. Requests for extension must be in writing and are to be submitted to the Community Development Office on or before the Agreement termination date. e ARTICLE II. Except as specifically amended herein, the terms and conditions of the Agreement, as executed Dy the parties on the 7th day of December, 1993 shall remain in full force and effect, e ARTICLE III, • This Amendment shall become effective September 30, 1999. s 1 AgontlaNo_ A genda la Rate Executed this day of , 1995. 5 .a CITY OF DENTON, TEXAS BY: BOB CASTLESERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY } BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY i BY: NMI rAft05A~ UNITED WAY OF DeNTON COUNTY, INC. BY: TITLE; AI ~ r E:\MDD0CS\K\VWE%T1.AM PAGE 2 l „ p . k , f 4 +r rv4 . ,rn:FIY\~ L}P7 ~'i{~It rile ~'tb e 0 - =~C ITY_ - ~C4UNCI s oa a,~ 1 M w 4 ! ~ ~ O • G • • ApMdeNa, _ Apendalta I ~ f'7 Date: February 7, 1995 DENTON CITY COUNCIL AGENDA ITSM Tot MAYOR AND MEMBERS OF THE CITY COUNCIL FROMi LLOYD V. HARRELL, CITY MANAGER SUBJECT: CONSIDER APPROVAL OF AN ORDINANCE REVISING SOLID WASTE LANDFILL RATES. 4 RECOMMENDATION: The Public Utilities Board unanimously recommended approval of a $15.00 per cubic yard rate for waste from outside the City limits at their meeting of January 6, 1995. SUMMARY: As you know, the city is working toward approval of a permit to expand the Denton landfill, if this process moves through the regulatory process in a timely manner, it is anticipated that a new landfill space will be available by mid 1997. However, if waste continues to come into the landfill as it did in the 1994 fiscal year, the landfill will be fully utilized before a replacement facility is available, The Public Utilities Board considered several options for reducing the amount of waste and recommends raising the rate to $15.00 per cubic yard for all waste generated outside the city. The anticipated waste reduction is approximately 24,735 tons per year. The recommended $15.00 per cubic yard base rate was developed by analyzing rates chargtu by other landfills in the area. • BACKGROUND: There is approximately 500,000 cubic yards (in-place density) of space remaining in the landfill. Volumes fro^i City of Denton solid waste vehicles between now and m',' 1997 As expected to be 1,061,085 cubic yards (before compaction) at the gate. Previous projections of solid waste from non-city 6 trucks had been 214,358 cubic yards (before compaction) at the • • gate between now and mid 1997. However, dramatic increases in the volume of waste broacght by non-city trucks has occurred i,~clrrr_onr~.ernMna9.c . er r y c t 1 A9WOW, U! Q~ CITY COUNCIL AGENDA ITEM AQo,[u~ll0rm February 7, 1995 IitiC. Page 2 2 d f over the last several months and it is clear that action is needed to reduce the volume of incoming waste. Based upon 1994 tonnage, approximately 10,500 tons (40,000• 50,000 cubic yards) per year must be reduced to maintain the usefulness of the existing landfill until mid 1997. PR04RAMS. DEPARTMENTS. OR GROUPS AFPPCTSD: Solid waste Disposal, Solid Waste Department, Solid Waste Customers, and loads from outside the City Limits. FISCAL IMPACT: It is anticipated that budgeted revenues of $355,000 will be achieved. Respec lly submitted, lU Lloy V. Harrell city manager Prepared by: Howard Martin, Director of Environmental Operations Approved by: R. E. Nelson Executive Director of utilities 7 ~ 1,\CRTY.SAT\MA\MA49SC """'•"1'r_.. Y' • r rrw,WL:MIWYSYY:i'+4M^.. i ~ ~Sll(r ~M t ~ • • 'L ~'WFXXS W kD\I.AIIDF ILL. RTE aPRANo, J Q~~ J9 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CHARGES FOR USE OF THE, LANDFILL; AUTHORIZING THE SUPERINTENDENT OF THE SOLID WASTE DEPARTMENT TO DENY THE USE OF THE LANDFILL TO CUSTOMERS PROVIDING FALSE INFORMATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the charges for use of the landfill are hereby established as follows: SCHwtrL8 SWL SANITARY LANDFIL . ERR (Effective 02/15/95) APP ICATIQji Applicable to individuals and commercial entities that use the City's sanitary landfill site. A. RATES AND CURGES FOR SOLID WASTE ORIGINATING INgIDE THE CITY: Individuals who are residents of the City of Denton with solid waste originating inside the city limits of Denton, Texas shall pay the following rates: Type of Vehicle Charge Per vehicle Per Load 1. Automobiles and station wagons, $ 6.00 pickup trucks less than one-half ton. 2. Motor vehicles with a carrying load capacity $ 21.00 of 2 cubic yards but less than 5 cubic yards such as one-half ton pickups. 3. Pickup trucks with side boards and all other $ 60.00 j • vehicles with a carrying capacity in excess of 5 cubic yards but less than 10 cubic yards. 9. Vehicles with carrying capacity in excess of $ 90.00 10 cubic yards but less than 15 cubic yards. 5. Vehicles with carrying capacity in excess of $120.00 • ! 15 cubic yards but less than 20 cubic yards. • • t 6. Vehicles with carrying capacity in excess of $180.00 J 20 cubic yards but less than 30 cubic yards. r • 0 i I- w • '~:IO~~IlNO.. 1 7. Vehicles with carrying capacity in excess of $240.00 30 cubic yards but less than 40 cubic yards. 8. Vehicles with carrying capacity of 40 cubic $300,00 yards or more, B. RATES A_ C A4QEc LQ SOLID WASTE ORIGINATING OUTSIDE THE CITY: Individuals and commercial entities who are not residents of the City of Denton or any customer with solid waste that does not originate from inside the city limits of Denton, Texas shall pay the following rates: INDIVIDUAL USERS Charge Per Type of Vehicle Vehicle Per Load 1. Automobiles and station wagons, $ 15.00 pickup trucks less than one-half ton, 2. Motor vehicles with a carrying load capacity $ 52.50 of 2 cubic yards but less than 5 cubic yards such as one-half ton pickups, 3. Pickup trucks with side boards and all other $150.00 vehicles with a carrying capacity in excess of 5 cubic yards but less than 10 cubic yards. 4. Vehicles with carrying capacity in excess of $225.00 10 cubic yards but leas than 15 cubic yards. 5. Vehicles with carrying capacity in excess of $300.00 15 cubic yards but less than 20 cubic yards. 6. Vehicles with carrying capacity in excess of $450,00 20 cubic yards but less than 30 cubic yards. 7. Vehicles with carrying capacity in excess of $600.00 30 cubic yards but leas than 40 cubic yards. • 8. Vehicles with carrying capacity of 40 cubic yards or more. $750.00 REGULAR COMMKIiiL USERS The City Manager may enter into contracts with private commercial • collection service companies for regular use of the sanitary • landfill site at the following rates: PAGE 2 • fu • Agonda lam, -j Sv ~7 Residential and commercial $ 15.00/cubic yard or garbage $ 60.00/ton Rubbish (trash) $ 15.00/cubic yard or $ 60.00/ton Uncompacted residential and $ 15.00/cubic yard or commercial garbage $ 60.00/ton All such contracts may contain conditions of operation, disposal and delivery as the City Manager or his designee shall determine necessary for the efficient operation of the landfill site and the method of billing and collection for such use. C. RATES AND CHARGES FOR_OCONTAMINATED AND UNBAGGED LEAVES. GRASS CLIPPINGS AND BRUSH. All customers who submit for deposit uncontaminated and unbagged leaves, grass clippings and brush shall pay the following rates: Charge Per Tvoe of Vehicle Vehicle Per Load 1. Automobiles and station wagons, pickup $ 4.50 trucks less than one-half ton. 2. Motor vehicles with a carrying load capacity $ 15.75 of 2 cubic yards but less than 5 cubic yards such as one-half ton pickups. 3. Pickup trucks with side boards and all other $ 45.00 vehicles with a carrying capacity in excess of 5 cubic yards but less than 10 cubic yards. 4. Vehicles with carrying capacity in excess of $ 60.75 10 cubic yards but less than 15 cubic yards. 5. Vehicles with carrying capacity in excess of $ 90.00 • 15 cubic yards but less than 20 cubic yards. 6. Vehicles with carrying capacity in excess of $135.00 20 cubic yards but less than 30 cubic yards. 7, Vehicles with carrying capacity in excess of $180.00 30 cubic yards but less than 40 cubic yards. • 8. Vehicles with carrying capacity of 40 cubic $225.00 • • yards or more. PAGE 3 ° 6J 'boor, No $of~ D. OTHER RATES AND CHARGES: All customers using landfill. A. TIRE CHARGES o ~harae...~r& 1. Automobile tires not shredded, $ 2.30 quartered or halved. 2. Truck tires not shredded, $ 4.60 quartered or halved. B. SPECIAL WASTE $gtper Cubic Yard Disposal of "Special Waste" as defined $ 7.50 by the State of Texas Municipal Solid Waste Management Regulations. Acceptance of special waste is subject to Federal and State laws and regulations, and the City has the right to refuse to accept waste. C. LWSECURED LOADS Rate Per Load Applies to solid waste loads that are $10.00 not secured with a tarpaulin or other equipment that prevents material from spilling along and within the right-of- way of public access roads serving landfill site. LIMITATIONS Landfill permits issued by the City of Denton prior to the effective date of this ordinance may be redeemed for their face value, The customer must pay the difference between the current rate and the face value of the permit. The customer is not entitled to a refund if the face value of the permit exceeds the current rate. SECTION II. That the Superintendent of the Solid Waste ° Department of the City of Denton is authorized to deny the use of the landfill to customers for providing false information regarding the residency of the individual or origination of the solid waste, SECTION III. That this ordinance shall become effective for solid waste service rendered on or after February 15, 1995, PAGE 4 • • A;DmfaN'o ~ S./D5 '76 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 BY: Iw1 • PAGE 5 i, 4 • . • AWOW;~ AgendalSO nary - , 1995 2 or-°7 CITY COUNCIL AGENDA ITEK TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager RE: CONSIDER REVISION TO THE ELECTRIC GENERAL SERVICE TIM OF USE (TGS) RATE SCHEDULE RECOMKMDATIONs The Public Utilities Board recommends the City Council approve a revision to the Electric TGS rate schedule to more accurately reflect on-peak and off-peak (system) demand costs and to attract more customers who can shift demand to off-peak hours. SUXKARY s The current TGS rate schedule does not accurately reflect the difference between on and off peak demand costs, and customers do not have enough of an economic incentive to invest in thi equipment that would shift demand load from on-peak to off- peak hours. Denton's fixed pw:chased power electric costs are determined in part by the overall peak megawatt demand level experienced during on-peak hours in the summer. I The recommended change to the rate raises the on-peak demand charge and lowers the off-peak demand charge, This will provide a greater economic reward for potential customers and hold down the Electric utility's purchased power costs. The attached Exhibit provides a revised Electric TGS rate schedule. • FISCAL SUMMARY: The revised rate should attract additional customers who can save money for both themselves and the Electric utility by shifting demand to off-peak periods. Although the Electric • utility may expend funds up front for customers receiving a ' • • rebate for investing in thermal storage equipment, the utility should save money in the long term with lower purchased power demand costs. • 0 • • r flendaNo ~I~cn~allem , CITY COUNCIL AQWWA ~1PAGE 9 ZQ;F7 ResdHafrrel ly Submitted, C Lloyd l,_C t y Mana r Prepared by: R. E. Nelson, Execut ve Director of Utilities Exhibit: Revised Electric General Service Time of Use Rate Schedule (TGS) ..~.wr...,.1+.... , a. raW~. Y.WI. A ~•S:'S'lJ'A h' r ;46 14 i • w • E:\M01yi \ORIJ\TOS .0 l -000 3 of''7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF ELECTRIC :'ATES BY ADOPTING AN AMENDED SCHEDULE TGS (GENERAL SERVICE TIME OF USE RATE); AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; ~C~ION I, That the Schedule of Rates for electrical services, as adopted by Ordinance No. 94-162, is amended by amending the provisions of Schedule TGS (General Service Time of Use late), a copy o which is attached hereto and incorporated by r £rrence herein. SECTION 11. That this ordinance supersedes ordinance No. 94- 162 in all rebpects. SECTION 111, That this ordinance shall become effective immediately upon its passage an,1 approval, PASSED AND APPROVED this the day of 1995. BOB CA TLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY / _ r • • 0q0;I No SMTJMULN Tas ~ GENERAL SERVICE'TIME OF USE (Effective 2/15/95) t ; APPLICATIO Applicable to any customer having a minimum demand of 250 KW for all electric service supplied at one point of delivery and measured through one meter, with the City providing all facilities necessary to receive primary voltage service. Supplementary ser- vice will be available subject to the applicable rider. Not appli- cable to resale or temporary service,. Customers electing this rate must remain on this rate for a minimum of twelve (12) continuous billing months. NET MONTHLY RATE (1) Customer Facility Charge $70.70/30 days (2) On-Peak Demand Charge $12.20/KW of on-Peak Demand (3) System Demand Charge $ 2.40/KW of System Demand (4) Energy Charge 0.510/KWH (5) Energy Cost Adjustment: Per Schedule ECA (6) Power Cost Adjustment: Per Schedule PCA MININNM BILLING The minimum monthly bill shall be the sum of the Customer. Facility Charge, the On-Peak Demand Change, and the System Demand Charge. The October through May demand charge shall be the measured system demand plus not less than 1001 of the maximum monthly on-peak demand charge for any month during the months of June through September in the twelve (12) months immediately preceding the current month. i TYPE OF SERVICE Secondary or primary eervice available to commercial and A industrial customers. Primary voltage service is available to any • • customer with a minimum demand of 250 KW. Primary service is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts. • A • w • r n' The City will supply singlo-phase servire (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the Er customer may be required. PRIMARY SERVICE DISCOUNT Customers who own, operate and maintain all facilities neces- sary to receive three phase primary voltage rarvice and all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.3C/KWH. If primary service is provi- ded and the City owns and operates all facilities and transforma- tion equipment necessary to receive primary voltage service, a discount of 0.10/KW will be applied to the customer's bill. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage, at the City's option. )ETERMINATION OP"ON-PEAK DEMAND The on-peak demand shall be determined by the KW demand sup- plied during the fifteen (15) minute period of maximum use each month during on-peak hours as recorded by the City's demand meter and adjusted for power factor, but not less than one hundred per- cent (1000 of the maximum on-peak demand similarly determined dur- ing the months of Jtvee through September in the twelve (12) months immediately preceding the current month. If the customer is new or does not have a history of use for any month during the period June through September, the on-peak demand charge shall begin when the customer establishes a history for any month during the June through September period. The on-peak demand will be billed every month once an on-peak demand history is established. DETERMIIIAT~ON OF SYSTEM DEMAND The system demand shall be determined by the maximum KW demand supplied during the fifteen (15) minute period of maximum use each month during off -peak hours as recorded by the City's demand meter • and adjusted for power factor. The system demand will be billed every month. POWER. FACTOR PENALTY The City reserves the right to make tests to determine the power factor of '.he customer's installation served either by • measurement during periods of maximum demand or by measurement of • • the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 904 and dividing by the determined power factor. i • f9Aj DEFINITION OF ON PEAK HOURS 6 o f 7 )M , j The City's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 2:00 P.M. to 7:00 P.M. each Monday through Friday, for the months of June through September, The City's on-peak hours may be changed from time to time and the customer will be notified twelve (12) months before such changes become effective, DEFINITION OF SYSTEM (OFF.-PEAK) HOUR The City's system (off-peak) hours, for the purpose of this rate schedule, shall be all hours not designated as on-peak hours. SUPPLEMENTAL POWER RIDER Customers requesting standby or supplementary power shall be allowed service under this rate schedule] however, the determina- tion of off-peak demand shall be adjusted to read: The off-peak demand shall be the sum of the maximum KW demand supplied during the fifteen (15) minute period of maxi- mum use as recorded by the City's demand meter plus the KW nameplate rating(s) of the customer's generator(s), in the event the customer's generator(s) is/are off-line at the time of the establishment of the maximum system demand, the KW nameplate rating of the generator(s) unavailable for service shall be removed from determination of the system demand. SPECIAL FACILITIES All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS • (a) Billing for the Facility Charge shall be based on 12 billings annually and prorated for longer or shorter periods using the following formula: Actual days in reading period x customer facility charoe 30 days • (b) Billing for demand shall be calculated on a 30-dayy per- month basis and pro rated for longer or shorter billing periods using the following formula: Actual days 30 reading period x KW Demand x Rate I Y I • 0 • as • C r - rlont~7No _ ENERGY CHARGE 7e Billing for the energy charge shall be based on actual KWH consumption during the billing perJod. Formula. KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated ix: accordance with Schedule ECA. POWER COST ADJUSTMENT A charge per KW of demand for fixed purchased power cost calculated in accordance with Schedule PCA. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. • A W A AQlAdBfVo. . Agendalt ' 7_ Data CITY of DE'NrON, rFXA8 MUNICIPAL BUILDING & DENTON, TEXAS 76201 # TELEPHONE (817) 566.8307 Office of the City Manager MEMORANDUM T03 Lloyd V. Harrell, City Manager FROMi Rick Svehla, Deputy city Manager DATE: February 1, 1995 SUHJECTr Engineering Services with Freese & Nichols for the Airport Attached you will find Amendment 04 to our contract with Freese & Nichols. The third amendment was for the actual design of the runway extension for $71,407. You and the Council may recall that original contract was split into two phases; the preliminary phase which we had funding for and then a final design. We waited until we 1. -T the grant offer before we started the final phase. You may recall we got that go-ahead on the grant very short notice this last suminer and proceeded with the design after the FAA had indicated we would get a grant for the runway. once we began to get into those final phases, we had to look at two other small studies, one of those was the additional services for the preliminary impact study on the runway extension for $2704, and the other was additional services for the localizes modifications for $5979. 'T'hus, we have this amendment to cover those items. These items were included in the grant offer that was extended to us by the FAA so they are covered by the 90/10 split. They were included in the information we subsequently gave to the Council about what our costs would be including our in-kind services. There will actually be no impacts to our budget since we have funds set aside, • but in order to clean up the contracts and to be able to pay them and to get reimbursement from the FAA, these amendments must be made. Thus we would be adding $8683 to the original amendment #3 numbers. We will be reimbursed for all but $868 which is covered in the money that was all ready set aside by the Council in the City's budget. A , • • I "Dedirared to Quality Sesire" • • ,,aQ5 Lloyd V. Harrell February 2, 1995 Page 2 -C2. -C~ r IF you or the Council has any further questions, I would be happy to answer them at your convenience, FE r, Sveh a Deputy City Manager RS:bw AMM00629 Attachments i 0 0 a'- ii a 'rc';(c ki iii i `b:• • N • E \MPDOCS\OPD\►AECSR.NIC f' ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT NUMBER 4 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES RELATING TO AIRPORT IMPROVEMENTS1 AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute Amendment Number 4 to the Agreement for Engineering Services Between the City of Denton and Freese and Nichols, Inc, for Airport Improvements ("Amendment"), a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds as provided in the Amendment 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 ATTORN73Y BY: _ i i I 0 0 • ca i r ,c Il',7 _ Get), r~7 ~0.O'J AMENDMENT NUM ER 4 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN D THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR AIRPORT IMPROV230=S RUNWAY AND TAXIWAY EXTENSION (1000') The Agreement for Engineering Services entered into and on the 20th day of December, 1988, by and between the City of Denton (OWNER) and Freese and Nichols, Inc., {ENGINEER) shall be amended as set forth herein. The s said Agreement is attached, together with Amendments Number One, Two and Three, and is hereby amended by the addition of the following wording to Section IV Additional Services and Section VI Compensation. This Amendment shall provide for the preliminary investigation of the impact of the runway extension and placement of the Runway 17 Localizer upon the i runway safety area and the designs for the modification of the Runway 17 Localizer and shall read as follows, to wit: IV. Additional Sery~ces: Impact Study oC Runway Extension on the Runway Safety Area: ENGINEER shall perform a preliminary investigation to determine the impact of the runway extension and the placement of the Runway 17 Localizer upon the runway safety area. OWNER shall pay ENGINEER Two Thousand Seven Hundred Four Dollars ($2,704.00) for said preliminary investigation. Modification of the Runway 17 Localizer: ENGINEER shall prepare designs, drawings, and plans for the modification of the Runway 17 Localizer, and perform construction phase services through closeout phase services for the modification of the Runway 17 Localizer. OWNER shall pay ENGINEER Five Thousand Nine Hundred Seventy-nine Dollars ($5,979.00) for the designs, drawings, plane and services regarding the modification of the Runway 17 Localizer, Other Additional Services: Other additional services as listed in Section IV, of the Prime Agreement may be requested by the OWNER. • Vi. CompensatioiL--Runway and Taxiway Extension (1000'f. Compensation due to ENGINEER for the remaining phases of the work and all j Additional Services to be performed through Amendment Number 4 shall be as follows: Description Amount ® Final Design through Closeout $33,851 • • Phase Contract Phases III.D to III.G (Lump Sum) j Additional Services for Preliminary $ 2,704 J Impact Study of the Runway Extension on (Lump Sum) the Runway Safety Area • 0 ! is • ~1n 11''15 Additional Services for Loca.lizer $ y '~'ryg _-C Modification (Lump Sum) S~3d s TOTAL $42,534 Phases III A, B, and C of this Agreement have been completed and ENGINEER acknowledges receipt in full from CITY of compensation owed pursuant to such work. Other Services shall be based on Attachment A to Amendment Number Three, Schedule of Charges, if requested by the OWNER. Any applicable new taxes imposed upon services, expenses, and changes by any governmental body after the execution of this contract will be added as necessary to the ENGINEER'S compensation. Progress payments may be requested by the ENGINEER based on the percent complete. Requests for progress payments will not be more frequent than monthly. 'Phis Amendment 4 is executed in two countezparts, on this the day of 1994. ATTEST: CITY OF DENTON OWNER JENNIFER WALTERS, BOB CASTER-BERRY, CITY SECRETARY MAYOR ATTEST: FREESE AND NICHOLS, INC ENGINEER ! APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY • 0 BY: lrlwYefa dpluneidA PAGE 2 • ca • r. AMENDMF:JT NUMBER 3 nnttrr;` h;0 TO THE AGREEMENT FOR ENGINEERING SERV;gLS THE CITY OF DENTON AND FREESE AND NICJOLS, FOR AIRPORT IMPROVEMENTS RUNWAY AND TAXIWAY EXTENSION (1000') The Agreement for Engineering Services entered into and on the 20th day of December 1988, by and between the City of Denton (OWNER) and }geese and Nichols, Inc., (ENGINEER) shall be amended as set forth hereinunder. The said Agreement is attached and is hereby amended by the addition of the following to Sections III Basic Services, Section VI, Compensation; and Section VII, Time of Completion. This Amendment describes the entire scope of services to be performed: (1) Extend the runway and taxiway 1000; (2) Extend the MIRL 1000', (3) Drainage for runway and taxiway extension, and (4) Replace culvert at south end of existing runway, and shall read as follows, to wit: IIhB Basic Service - Study and Report P ue Runway find Taxiway Extension UM 6 1. Consult with OWNER: (1) to review the scope of work, (2) to verify the OWNER'S requirements for the Project, and (3) to review available dati. 2. Advise OWNER as to the necessity of OWNER'S providing or obtaining data or services from others, and assist the OWNER in connection with any such services, 3. Provide analyses of OWNER'S requirements for the project, as verified in Paragraph 1., above, including planning, surveys, site evaluations and comparative studies of prospective sites and solutions. 4. Coordinate with the Federal Aviation Administration (FAA) the proposed runway extension with the existing Runway 17 Localizer. Determine if the localizer can remain in place or if it must be relocated. If FAA determines the localizer must be relocated, a preliminary cost to relocate • will be estimated along with identification of other considerations such as extension of improvements into the Hickory Creek floodplain. Two (2) meetings to determine the feasibility of making the runway extension and i localizer relocation will be held with the OWNER and the FAA. If the localizer relocation is necessary and Is determine,l to be feasible, a ® revision to the remaining scope of work defined herein will be required. • • I J 1 A s • i- w • 5. Coordinate field survey ed by the UWNEI~ 1~ s to be obtain n r r~ construction surveys are not a part of the services to b6` A ENGINEER. ?OT 6. Provide the OWNER with advice, when requested, with respect to the making of subsurface investigations, including borings, test pits, soi: resistivity surveys, and other subsurface explorations; however, the making of such investigations and the Interpretations of data and reports by special consultants are not a part of the services to be tendered by the ENGINEER and the cost therefor. shall be paid by the OWNER. The ENGINEER shall monitor and review the work of testing laboratories and inspection bureaus required for the testing or Inspection of materials, witnessed tests, factory testing, etc., for the Project, but the cost of such laboratory tests or inspection shall be paid by the OWNER. 7. Prepare a Preliminary Engineering Report consisting of but not limited to a general description of the scope of the project (not including localfser relocation), schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved and up to three (3) alternative solutions available and setting forth ENGINEER'S findings and recommendations. The report will set forth the ENGINEER'S opinion of preliminary probable costs for the Project, including but not limited to the following, which will be separately itemized: (a) construction cost; (b) engineering costs; (c) construction inspection; and (d) construction testing. Two (2) copies will be furnished to the OWNER and FAA for review. One (1) review meeting will be held to review the report for selection of a preferred alternative, The OWNER shall identify in writing a preferred alternative. III.C. Preliminary DgNiv-n Phase After written authorization to proceed with the Preliminary Design Phase, • ENGINEER shall: 1. In consultation with the Agent, the FAA, and other interested parties, on the basis of the accepted Preliminary Engineering Report documents, refine the general scope, extent, and character of the Project, if necessary. 2 • 0 • w • 2. Attend one (1) meeting at the airport site to review the pm design. 3. Prepare Preliminary Design documents consisting of final design criteria. preliminary drawings, outline specifications, and a written descrlption of the Project. The ENGINEER shall furnish three (3) copies of the Preliminary Design documents and present them to and review them with OWNER and FAA. 4. Update the existing Airport Layout Plan (ALP) as necessary to comply with FAA Advisory Circulars 15015070.6A, Chapter 9 and 150/5300-13, Appendix 7. Transfer the updated existing ALP to a computer aided design and drafting (CARD) format, If a new ALP is required, the ENGINEER will be compensated in accordance with the provisions of Section VLC Additional Services. The ENGINEER shall furnish the OWNER with three (3) review copies, and upon approval, one (1) reproducible mylar, and one (1) set of computer diskettes containing a CADD copy of the ALP in AutoCadd Release 12 format. 5. Advise OWNER as to whether additional data or services of the types described in Section IV Additional Services are necessary. 6. Based upon the information contained in the Preliminary Design documents, submit a revised opinion of total project costs. 7. Update the airport's Exhibit A property map, The ENGINEER shall submit two (2) copies of the map to the OWNER/FAA for review and approval, The approved Exhibit A shall be submitted with the application for federal assistance. III.D. Tlt]al Desi n s Aite, written authorization to proceed with the Final Design Phase, Ef' JEER shall: 1. On the basis of the acceptrd Preliminary Design documents and the revised opinion of probable total project costs, prepare for incorporation in the Contract Documents final drawings to show the general scope, 3 • ea • 0) 5 AQ6lI(I~ BJo.._' .Ir. extent a;td character of the work to be furnished and perfoNk4",nt Contractor(s) (hereinafter called "Drawhigs") and SpecificatRl&&--' - 2. Provide required technical criteria, written descriptions and design data to obtain approval of the FAA. Submittals of applications for permits, obtaining governmental approval for and consulting with appropriate authorities for approval of permits shall be considered Additional Services and such services provided by the ENGINEER upon request by the OWNER. 3. Furnish a revised opinion of probable total project costs based on the final Drawings and Specifications. 4. Prepare for review and approval by OWNER/FAA (a) contract agreement forms; (b) general and supplementary provisions; (c) bid forms; (d) invitations to bid; (e) instructions to bidders; and (f) other related documents. 5. Furnish for final review three (3) copies of the documents described in paragraph 4 and of the final Drawings and Specifications and present them to and review them in one (1) meeting with OWNER/FAA. 6. Make revisions to the Final Design Documents as may be require c' ,after review by the OWNER/FAA. 7. Prepare for review and approval a Construction Management Program as directed by the OWNER. ENGINEER shall furnish OWNER with four (4) bound copies of the Program. 8. Make amendments to the Preliminary Engineering Report to reflect any revisions to project scope, design criteria, Total Project Costs and other significant items that are incorporated into the Final Design Documents. ENGINEER shall furnish OWNER three (3) copies of the amended Preliminary Engineering Report. • TILE Bidding Phase After written authorization to proceed with the Bidding Phase, ENGINEER shall; 4 a~cr~^No C, I _00n 1. Provide. OWNER with one (I) original copy of thcA(~l 'C;w Drawings, Specifications and Contract Documents r 9✓ Copies of the Drawings, Specifications, and Contract Documents r%rill i be /d 09~d provided by the OWNER. 2. Advertising for bids will be performed by the OWNER. 9. Conduct one (1) Pre-bid Conference at the airport to discuss the requirements of the Project with prospective bidders, subcontractors and suppliers, The ENGINEER shall prepare and distribute minutes of the Conference to the attendees. 4. Issue addenda as appropriate to interpret, clarify, or expand the Bidding Documents. 5. Attend one (1) bid opening at the OWNER'S location prepare tabulation sheets, evaluate bids and recommend bid award. Compile eight (8) executed copies :,f the contract for construction, materials, equipment and services. 6. Consult with and advise the OWNER concerning the acceptaoiliry of suhstitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts Is allowed by the Bidding Documents. 7. Prepare Application for Federal Assistance and supporting documents including Exhibit A, Submit one (1) original and six (6) copies of the signed application and supporting documents to the OWNER, III.F, Con tr u0ion Phase After written authorization to proceed with the Construction Phase, ENGINEER shall: 1• Conduct one (1) preconstruction conference at the airport with representatives of the OWNER, the FAA, the contractor(s) and other interesteu parties. The ENGINEER shall prepare and distribute a record of the prcconstruction conference to the attendees, 5 I 5. t H • c~ • n~radA~SO, 2. Necessary field surveys for establishing horizontal and vertlcal coo the use of the contractor(s) during the performance of the construct! shall be provided by the OWNER. ' (Q ~v 3. Make six (6) visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary In order to observe as an experienced and qualified design professional the progress and quality of the various aspects of the Contractor(s) work. Based on information obtained during such visits and on such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work. The EFGINEER shall endeavor to protect the OWNER against defects and deficiencies in the work of the contractor(s); however, 11 is understood that the ENGINEER cannot guarantee the performance of the contractor, nor Is the ENGINEER responsible for the actual supervision of the construction operations or for any safety measures the contractor(s) takes or should lake. 4. Preparation of field changes and change orders shall be by the OWNER. 5. Review, (a) samples; (b) catalog data; (c) schedules; (d) shop drawings; (e) laboratory, shop, and mill tests of materials and equipment; and, other data submitted as required by the Contract Documents. Such reviews will be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The ENGINEER shall provide one (1) copy of documents with review com^u nts to the OWNER 6. Prepa i,tion of periodic and final estimates frr payments to the contractor(s) shall be by the OWNER. 7. Conduct, in the coml any of the OWNER and the FAA, one (1) final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents. The ENGINEER • shall prepare and distribute copies of the findings to the OWNER, the FAA, and the Contractor. 8. The ENGINEER shall not be responsible for a final test and quality control report documenting the results of all tests performed. 1 6 • a~ • • Jri: d IJo. III.G Closeout Phase, - 1!!: i i w ~ 1! 0111 During the Closeout Phase, ENGINEER shall,: - 1. Prepare and submit to the OWNER on, (1) set of reprodur ibis reco d drawings on Mylar and three (3) sets of p rims slowing those C.hangeE made during the Construction process, teased on the marked-up prints, drawings, and other data furnishes: Ly contractor(s) to ENGINEER and which ENGINFFR considers significant. 2. Furnish OWNER wth three (3) bound copies of all approved catalog ' cuts, warranties, maintenance data, parts lists, and names of equipment and rnpt,;rials suppliers. 3. Conduct one (1) inspection of the Project prior to the expiration of any warranty period and advise th, OWNER of any recommended action to be taken under the terms of the warranty. VI. Compensation R w4y and Tway E-9 a9Qn (1000,) Compensation to ENGINEER for the work defined above shall be as follows: Um L___oUm Items IlLB and III.C $37,556 Items II1,U, IILE, III,F and III.G $33,851 Total $71,407 Additional Services shall be based on Attachment A, Schedule of Charges, if requested by 0i, OWNER. • Any applicable new taxes , -iposed upon services, expenses, and charges by any governmental body atter Me execution of this contract will be added as necessary to the ENGINELE'S compensation. Progress payments may be requested by the ENGINEER based on the percent complete. Requests for progress payments will not be more frequent than monthly. s • ~ J 7 j • tf a • ~ond~ha~ ~~~~U 5 VII. lime of Completion, RmriwU and T&-kiway Extension 1440'1 fh:la._.cD-- 13 af'36' . Time of completion for the services described above shall be 150 days (exclusive of review time) after the Notice to Proceed Is received by the ENGINEER from the OWNER. All other provisions, terms, and conditions of the Agreement for Engineering Services between the City of Denton and Freese and Nichols, Inc., which are not expressly amended here, shall remain in full force and effect. This Amendment 3 is executed in two counterparts, on this the day of 1993. ATTEST; CITY OF DENTON OWNER ATTEST, FREESE AND NICHOLS, INC, i ENGINEER rr- • 1 i i i S ' r#t .I`!~` • ra e ATTACHMENT A SCHEDULE OF CHARGES Staff Member Salary Cost Times Multiplier of 2.3 Resident Reptesentati•ie Salary Cost Tunes Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cast is equal to 1.48 times payroll. This factor is adjusted annually.) Other Direct enses Actual Cost Times Multiplier of 1.15 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. dates for Inhouse Services Computer and CAD PC CAD Stations $10.00 per connect hour Lrterpro $12.50 per connect hour PC Stations $ 8.00 per connect hour VAX Computer $20.00 per connect hour Calcomp Plotter $ 3.00 per plot Print Shop • Bluelines $ 0.07 per square foot Offset and Xerox Copies $ 0.07 per single side copy Offset and Xerox Copies $ 0.14 per double side copy GBC Binding (Regular Cover) $ 2,00 per book GBC Binding (Emboss. Cover) $ 4.00 per book • Tape Binding (Regular Cover) $ 1.75 per book • r Tape Binding (Emboss, Cover) $ 3.75 per book 4.22.93 i • as • AGREEMENT FOR ENGINEERING SERVICES ~jcntlaldo ~Iluau .1tenZ(`J-4srarE OF TEXAS J COUNTY OF DENTON IS o lpsd o This Agreement made, entered into and executed this the day 4Fs, A 1988, by and between Ci ty oo Gent-oonn, Texas, Hereinafter ca ee the ER" and Freese and Nichols Inc. herein- after called the "ENGINEER" acting herein, by and through its representative, duly authorized so to act for and in behalf of said ENGINEER. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually'agree as follows: SECTION I EMPLOYMENT OF ENGINEER The O11NER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engineering services in connection with the project as 'stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay 'to the ENGINEER compensation as stated in the sections to follow. The Project shall include the following improvements to the Denton 1•lunic1pal Airport: A. SCOPE OF AIRPORT IMPROVE14ENTS 1, Road Access to South Hangar Area* 2. Infield Drainage Improvements 3. Land Acquisition North Utility Runwry 17R Clear Tone - 13,5 Acres North Runway 17L C'ear Zone - 24.7 Acres South Runway 3SR Clear Zone - 31 Acres • 4. north Holding Apron i • r .1- 1 i i • m • 5, Runway 3" c'tension 1000-Ft. - 6. M F.ediu iontensity Ru,, sights for Runway 35-R 1000-F7ir, dONO ('r- xtensn no ~ond;1Jl8A 1 7. Parallel Taxiway Extension and Holding Apron F 8. Stub Taxiway to Southeast Industrial Area 4, Taxiway Lighting - Medium Intensity 10. Commercial Service Area Paving 11, FBO Paving 12. Executive Jet Center Aircraft Parking 13. Other assignments as authorized by the OWNER in writing. *Improvements ineligible for AiP funding SECTION II PERIOD OF SERYICE This Agreement shall become effective upon execution by the OWNER and the ENGINEER and shall continue until the design and construction of the airport improvements described in Paragraph I and funded by the Federal Aviation Administration are completed. However, it is expressly understood and agreed to by the parties that ENGINEER shall not coaanence the services set forth in Paragraph IIB. C. and U. unless (i) the Federal Aviation Administration has funded the cost of constructing said improvements and (ii) written authorization to proceed from OWNER has been delivered to ENGINEER,. SECTION III BASK SERVICES The scope of basic services for the Study and Report Phase, Design Phase and Construction Phase will be restricted to approved and funded improvements whether a Capital Improventient Project or an AIP improvement. • Subsequent funded improvements will receive engineering services when notification of allocation or funds are received, The ENGINEER shall render the following professional services for the development of the Project: _2_ _ a , • ca A. DEVELOP DREAPPL' jN - ~.lCnd•',PJO,__ PreAerz AreaPPlication for subm j+ ittal to the Federal Avtd"~i'tlh tam is 1l1, Administration for airport improvement and land acquisition.__, projects eligible to receive Airport Improvement Program Funds. The projects to be in the application are identified in the Scope Z of Airport Improvements, paragraph I.A. B. STUDY AND REPORT PHASE After written notice from the OWNER to proceed the ENGINEER shall; 1. Consult with OWNER: (1) to review the scope of work, ;1) to verify the OWNER's requirements for the Project, and (3) to review available data. 2. Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and assist the OWNER In connection with any such services. 3. Provide analyses of OWNER's requirements for the project, as verified in Section III, Paragraph B.I., including planning, survey , site evaluations and comparative studies of prospective s :es and solutions. 4. Prepare a Report L ;ntaining'schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations with opinions of probable construction costs for the Project, which includes estimates of contingencies and allowances for charges of professionals and consultants. Allowances for the cost of land and rights-of-way, compensation for or damages to properties and interest and financing charges will be provided by the Owner or others so designated by the OWNER, all of which are hereafter tailed "Project Costs". The alternate solutions shall be limited to not more than three. S, Furnish four copies of the Report to the OWNEk. Present and review the Report with the OWNER. 6. The 01MER will select a preferred alternative for each airport improvement. i OWNER and ENGINEER agree that the services contemplated to be performed by the ENGINEER cannot be defined sufficiently at the time of execution of this Agreement. Such services shall be undertaken under the terms of written amendments to 'the Aoreement executed by OWNER and ENGINEER. Such amendments shall be approved by ordinance of the City Council. -3- -.rY~+-.-~~.~~Y 1 • r.q.r .w~Y\Y~IWYJ, I .w lk /Y 0 w r C. DESIGN PHASro After written authorization, the ENGINEER shall provinc`I~rt~ty sional services in this phase as follows: i $ oi'3cT I. Prepare detailed plans, specifications, contract documents, . designs, and layouts of improvements to be constructed (surveys to be furnished in Additional Services, Section IV). 2. Provide the OWNER with advice, when requested, with respect to the making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other sub- eurface explorations; however, the making of such investiga- tion.: and the interpretations of data and reports by special consultants are not a part of the services to be rendered by the ENGINEER, and the cost therefor shall be paid by the OWNER. The ENGINEER shall monitor and review the work of testing laboratories and inspection bureaus required for the testing or.inspection of materials, witnessed tests, factory testing, etc., for the Project, but the cost of-such laboratory tests or inspection shall be paid by the OWNER. 3. Furnish the OWNER, when requested, the engineering data necessary for applications for routine permits required by local, state and federal authorities. Preparation of detailed applications and supporting documents for government grants or, for planning advances will be provided as Additional Services. 4. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. 5. Furnish such information necessary to utility companies whose facilities may be affected or services may be req,H red for the Project. 6. Prepare revised opinion of probable construction cost, and bidders proposal forms (project quantities) or the improve- ments to be constructed. 7. Burnish the OWNER six (6) sets of copies of plans, specifi- cations, and bid proposals marked "Preliminary" for approval by the OWNER. Upon final approval by the OWNER, the ENGINEER will provide the OWNER forty (40) sets of copies of "Final" plans. As directed by the OWNER, additional sets of plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the -4- • • w • execution r' the project, shall be furnir"r y the ENG N~ and sha', b„ paid for by the OWNER at act,.al cost of ~©hoah'0 t^ r.- reproduction. O• CONSTRUCTION pNASE Upon completion of the design services and approval of "final" plans and specifi,:ations by the OWNER, the ENGINEER will proceed with the performance of services in this phase as follows: I• Assist the OWNER in securing bids, issuing notice to bidders and notifying construction news publications.' The notice to bi,lders will be furnished to the OWNER for publication in the local news media. The cost for publications shall be paid by the OWNER. 2• Assist the OWNER in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of contracts or the appropriate adti.ons to be taken by the OWNER. 3. Assist in the preparation of formal contract documents for construction contracts. 4. Assist in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s), and prepare a proposed estfmate of monthly cash requirements of the project. S• Make orie' visit each month to the site (as distinguished from the continuous services of a Resident-Project Represent- ative) to observe the r,rogress and the quality of work and to attempt tr determine in general if the work is proceeding in accordance with the contract documents. In performing these services, the ENGINEER will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors; the ENGINEER will report any observed defects or deficiencies immediately to the O4INER; however, 't is understood that the ENGINEER does not, guarantee the Contractor's performance nor is he responsible for supervision of the Contractor's operation and employees. ENGINEER shall not be responsible for the means, methods, techniques, sequences or' procedures of construction selected by Contractor or the safety pre- cautions and programs incident to the work of the Contractor. ENGINEER shall not be responsible for the acts or omfssions ' of any person except his own employees and agents at the • Project site or otherwise perform* Project. ng any of the work of the , s. u • • , al. 1 > tFK~i .vr~ffA~iU, e Vi f, • • 6 _ nnnnrrlI~~,~~~~D 05 6. Consult ,..,vise with the OWNER during' i. , u'ei 1,11, recommendations to the OWNER regarding materfalbriai,iWIt', manship, and prepare change orders with OWNER'sr~dpprov~ 7. Review samples, catalog data; schedules, shop drawings,'labo- G ~Q ratory, shop and mill tests of material and equipment and other data pursuant to the General Conditions of the Con- struction Contract, B. Assist the OWNER in arranging for testing of. materials and laboratorT control during construction to be conducted at the OWNER s expense, 9. Interpret intent of the plans and specifications for the OWNER and Contractor(s). Investigations,' analyses, and studies requested by the Contractor(s) and approved by the OWNER, for substitutions of equipment and/or materials or deviations from the plans and specifications will be considered an Additional Service. 10. Review and comment on monthly and final estimates for payment to Contractor(s), pursuant to the General Conditions of the Construction Contract. 11. Conduct, in company with the OWNER's representative, a final inspection of the Project for conformance with the design concept of the project and general compliance with the con- tract documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). 12. Revise the construction drawings in accordance with the in- fornation furnished by construction Contractor(s) reflecting changes in the Project made during construction. Two sets of prints of "Record Orawings" shall be provided by the ENGINEER to the OWNER. SECTION IV ADUITIOIIAI SERYICES Additional Services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above described basic services, are ! described as follows: A. Field Surveying required for the preparation of designs, drawings and plans. B. Field layouts or the furnishing of construction line and grade surveys, -6- s c~ • C. Investigations-in Ming detailed cons ideratioq..of 1peration, maintenance an ),,rheaa expenses, and the-pre( a of of rate schedules, earnings and expense statements, feasibility yd'es,( r appraisals, evaluations, assessment schedules, and mat it or inventories required for certification of force acc...~R struction performed by the OWNER.- D. Making necessary property, boundary and right-of-way surveys, ZR p SC preparation of easement and deed descriptions, including title search and examination of deed records; except there will be no additional charge for surveying where the ENGINEER can prepare center-line type descriptions for the procurement of easements along pipeline routes developed from the desigi surveys for the design of pipeline projects; however, additional surveys re- quired to determine property corners and comr.'.;,te development of descriptions for right-of-way easements will be considered an Additional Service. E. Prepare Airport Improvement Program application and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Providing shop, mill, field or laboratory inspection of materials and equipment. G. Preparing any required Operation and Maintenance I•ianuals or conducting operator training and preparing Environmental Impact Assessments or Statements. 1. Appearing before-regulatory agencies or courts as an expert wit- ness in any litigation with third parties- or condemnation proceed- ings arising from the development or construction of the Project, including the preparation o; engineering data and reports for assistance to the OWNER, I. Furnishing the services of a Resident Project Representotive to act as the ONNER's on-site representative during the construc- tion phase, if requested by the OWNER. The Resident Project Representative will act as directed by the ENGINEER in order to provide more extensive representation at the Project site during the Construction Phase. The duties and responsibilities and the limitations on the authors y of the Resident Project Representa- 'Live and assistants will be determired by separate written Agreement to be attached as an amendment to this Agreement'. As set forth i Section ail, D.5, the ENGINEER does not guarantee the y Contractor's performance nor is he responsible for supervision of the Contractor's operation and employees. If the ENGINEER is u requested to visit the site more frequently than one (1) visit each month as set forth in Section III, Paragraph 0.5, the requested visits shall be considered as an Additional Service and the ENGINEER shall be entitled to additional compensation. • a - -7- i Through more i ive on-site observations- of r A30110h No ~ gress and fielu checks of materials and equipment bRY'~he~' epr Project Representative and assistants, the ENGiNEERf1~d1Ya-1-1-. `l1 to provide further protection for OWNER against defects and deft- nn ciencies in the work, but the furnishing of such Resident Prujecfi Representation will not make ENGINEER responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs or for Contractor's failure to perform the construction York in accordance with the Contract Doyuments. J. Assisting the OWI4ER in claims disputes with Contractor(s). Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications. • { L. Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. M. Preparing detailed Plans and Specifications for Trench Safety a Systems. SECTION V RESPONSIBILITIES OF OWNER OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: A. Designate in uniting a person to act as OWNE.R's representative with respect to the services to be rendered under this Agreem nt, Such person shall have 'contract authority to transmit instruc•• tions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. B. Provide all criteria and full information as to OWNER 's require- ments for, the Project, including design objectives and con- straints, space, capacity and performance requirements, flexi- bility and expandability, and any budgetary M mitar,fons; end furnish copies of all design and construction standards which 01MER will require to be included in the Drawings and Specifica- f tions. C• Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. l i i • O • ao • D. Arrange for a to and make ail provisions NGINEER to enter upon public and private property as required for ENGINUQirMoj,1 r.;1 perform services under this Agreement. lit( E. Examine all studies, reports, sketches, drawings, specifica•'+ tians, proposals and other documents presented by ENGINEER, obtai advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in y writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project, G. The OWNER shall make or arrange to have made all subsurface investigations, including but tot limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange, to have made the, interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by the OWNER. H. Provide such accounting, independent cost estimating and insur- ance counseling services as may be required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal Issues iocl.uding any that may beraised. by Contractorg(s),tsuch rauditing service as OWNER may require to 'ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnish- ing and performing the work. 1. The OWNER shall determine, prior to receipt of construction bid, if the ENGINEER is to furnish Resident Project Representative service so the Bidders can be informed. J. If OWNER designates a person to represent OWNER at the site who is not the ENGINEER or ENGINEER's agent or emplcye. e, the duties, re- sponsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of Engi- neer and the Resident Project Representative (and any assistants) will be set forth in an attachment that is to be identified, • attached to and made a part of this Agreement before such services begin. Y. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings • • 3 • O r r, • • 3. and substanti,. completion inspections and fit' .yment inspec- lions. L. Give prompt written notice to ENGINEER whenever OWNER obsV4 i otherwise becomes aware of any development that affects tHp'r%seo¢i--`~ or timing of ENGINEER's services or any defect or nonconformance of the work of any Contractor. H. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Section IV of this Agreement or other services as required. li. Bear all costs incident to compliance with the requirements of this Section Y. SECTION VI C011PENSATION A. AIP PREAPPLICATION: Development of the preapplication for airport improvements identi- fied in Section I.A as eligible for AIP funding will be at no cost to the OWNER. B. BASIC SERVICES !When identifiable airport improvements are determined, the ONhER and ENGINEER will agree upon a lump surn-compensation fee for the work defined in Section III which will be made a part of this Agreement by means of an amendment executed by the OWNER and ENGINEER. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this contract will be added as necessary to the ENGINEER's compensation; Progress payments may be requested by the ENGINEER based on the percent complete. Requests for progress payments will not be more frequent than monthly. C. ADDITIONAL SERVICES: 1. For Resident Representation and Inspection During Construc- tion and Construction Layout • For the resident representation during construction and construction layout (Section IV.I), the ENGINEER shall be paid based on the Schedule of Charges shown in Attachment A. Payment for` resident project representation and construction layout shall be due and payable upon submission of statements by the ENGINEER. Statements shall not be submitted more • frequently than monthly, -10- • • 2. For Othei ,,aaitional Services For Additional Services in Section IV except resilT{y0 C _ 05 representation, the ENGINEER shall be paid basedA;lrjnthl6L Schedule of Charges shown in' Attachment A. PaymgAM for - 9D Additional Services shall be due and payable upo"' ub-mfss e rl ~ by the ENGINEER. Statements shall not be submitted more Cam`' dT frequently than monthly. If OWNER fails to rake any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefore, the amounts. due ENGINEER will be increased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. SECTION VII TIME OF COMPLETION OWNER and ENGINEER agree that the time of completion cannot be defined at the time of execution of this contract and shall be made a part of this Agreement by means of an amendment executed by the OWNER and ENGINEER. SECTION VIII OPINION OF PR08AELE CONSTRUCTION COST The ENGINEER will furnish an opinion of probable construction cost of the work, but does not guarantee the accuracy of such estimates. Opinions of probable construction cost, financial evaluations, feasibility studies, econcinic analyses of alternate solutions and utilitarian con- siderations of operations and maintenance cost prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best Judgement as an experienced and qualified design professional, It is recognized, however, that ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the Report must of necessity be speculative until completion of its detailed design. Accordingly, ENGINEER does not guarantee that proposals, bids or actual costs will not vary fro,n opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder. - -11- , • . • is • SECTION IX inn _C r) U05 REVISION TO PLANS ANO SPECIFICATIONS f 1 direct substantial revs sion of tfie 9lalfs" The OWIIER reserves the right to and Specifications diter approval by the'OWNER as OWNER nay deem necessary,~~ but in such event the OWNER shall pay to the ENGINEER Just and eauitable compensation for services rendered in making such revisions unless such revisions are necessary due to ENGINEER's lack of diligence or care. SECTION X t ! OBSERVATION AND REVIEW OF THE WORM The EIGINEER will endeavor to protect the OWNER against defects and de- w ficiencies in the work of Contractors, by observation of the work as it progresses, by interpretation of the plans, specifications and other . contract documents to and with the Contractors, by the disapproval of defective work as may be observed and the issuance of stop-orders from the OWNER with respect to defective Material and workmanship where they are observed, and the ENGINEER will exercise due diligence to assist the OWNER in requiring that the work be done in accordance with plans and specifi- cations; but the Contractor will remain independent contractor with the OWNER, and the ENGINEER does not guarantee the performance of such construction contracts. As set forth in Section 111, 0.5 and Section IV.], ENGINEER shall not be responsible for the means, methods,, techniques, H sequences, or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. Also the ENGINEER shall not b^_ responsible for the acts or omissions of any person except his own employees and agents at the project site or otherwise performing any of the wort: at the project. SECTION XI OW14ERSHIP OF DOCUMENTS All documents prepared or furnished by ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement are instruments of service and ENGINEER shall retain an ownership and property interest here- in. OWNER nay make and retain copies for information and reference; how- ever, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse by OV14ER without written verification • or adaptation by ENGINEER will be at OWNER's sole risk and without liability or legci exposure to ENGINEER, or to ENGINEER 's independent associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER, and ENGINEER's independent associates and consultants from all claims, damages, losses and expenses including attorneys'.fees arising out of or resulting therefrom. Any such verification or adaptation will ' entitle ENGINEER to further compensation at rates to be, agreed upon by • OWNER and ENGINEER. ! t I i !2 + • O • w • SECTION XII - C V~ J nJJBnt!a hlo INDEMNITY AGREEMENT ENGINEER shall inderpnify and save harmless-the ONIIER and its oMcet~ -`--t-~Q agents, and employees from the liability of the OVN;ER an account of any',Q 70 T injuries or damages received or sustained by any person or persons or property, including court costs and reasonable attorneys fees incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, agents, or employees in the execution, operation, or performance of this Agreement, In the event of liability from suits, actions or claims arising out of or occasioned by the negligence of both the ENGINEER and the OWNER, their agents or employees, in the performance of this Agreement, each party shall contribute toward the satisfaction of the liability its propor- tionate share, which share shall 'be equal to the percentage of negligence attributable to the party. SECTION XIIi ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without their approval. SECTION MY TERMINATION OF CONTRACT The obligation to provide services under this Agreement may be terminated l by either party upon thirty days' written notice in the event of substan- tial failure by the other party6to perform in accordance with the terms. thereof through no fault of the terminating party. in the event of any termination, ENGINEER will be paid for all services properly rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. SECT& XY SUCCESSORS AND ASSIGNMENTS • OWNER and ENGINEER each are hereby bound and the partners, successors, executors, ad.ainistrators and legal representatives of OVNF.R and F.IGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said i, assigns) of such other party, in respect of all covenants, agreements and obhigations of this Agreement. -13- • • f- w • Neither OWNER nor ENG,wEER shall assign, sublet or tra Al, any right O under or interest in (including, but without limitation, m~Q~ft~3 t t become due or moneys that are duej this Agreement without t}}~~e w t'en consent of the other, except to the. extent that any assign rr', or transfer is mandated by law or the effect of this limitaftjM -be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge 7 the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such Independent associates and consultants as ENGINEER may deen appropriate to assist in the performance of services hereunder, Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. This Agreement (consisting of pages 1 to 15 inclusive) constitutes the entire Agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. SECTION XYI The following Attachments are attached to and made a part of this Agreement: i Attachment A Schedule of Charges This contract is executed in two counterparts: IN TESTIMONY HEREOF, they have executed this, Agreement, the 692~day of ~Cx_ 1908, ATTEST: CITY OF O£NTON Owner UifQl~ By: ATTEST: FREESE A140 NICHOLS, INC. • Engineer I Urt' RbnEY, Y, IOftU: -14- CITY OF W am, TEExA~S BY. U. r~ -..ww•...,vw.~.. Y' • rww.rwr:W/K.4i ^_:'.V Y,y l-... ' • v,' 1 , 1 ,~4}a`iyt~t ;i't!'t4` `fwtti +c .f a► • ATTACHMENT A SCHEDULE OF CHARGES A98Iid8N0 F SPECIAL SE V ICES AgaOdaliem Staff Members salary cost Times Multiplier of 2,3 9 esll^id -ffepr.esentation Salary Cost Time's Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers; etc., for time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, mediczl and insurance benefits, longevity payments, sict, leave, vacation and holiday pay applicahle thereto, (Salary Cost is equal to 1,41365 times payroll. This factor is adjusted annually.) Other Direct Expenses Actual Cost Times Multiplier of 1.15 Other direct expenses shall include printing and reproduction expense, communication expens,, travel, transportation and subsistence array from Fort Worth and other m'c~ellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents other than staff nembers. • i i 1 -16-. • • y,1 • ~ Jtl~t i:~',bt ;1, n~\ rYf ~1'Ci`fV~`Yitv~~~1~'"'~', t I • • OEHIO.J Wt"AL ARPI 0./W T W 1000' ce"31DN AREA N DRAINAGE MMMYEMFMB JUNE IAwNOU, SUMMARY JuNE a Rya N o ,a1a3 ...LAS... lRondaElerq„ - __DESIGNPHASE-- PM PE EE PI0 BEN ENO MR.V V ENO TECH wOROPROC T07.4 PAELAtowy 1. LOCAU2H1 EVAL e 8 0 16 I p^ 2. pm= h ~C.J SIR-TOTAL d 0 d 0 2 22 Oo MOD t/66 6466 so 806 FU2o PREL ENOR. REPORT 1. FQO SUIVEYS I 1d 3. REPORTA COSTEBT 7 20 0 2e 6I e $ I. KEYIEW 0 DENTON 1 1 f 12 S. PNpC 2 0 4 12 MtOTA1 2 16 50 30 6 106 0278 61.600 $,000 $1,410 $IN $715" PREL DESIGN 1. PRELDMWW63 11 126 Id 112 000 t PREL SPECFICATIONS 2 16 6 2 6 56 J COST ESTNMTE 2 a 1 21 1. REW.W ® DENTON f f f 1 13 5 pm= 2 6 6 1 16 SUB-10TAL 2 26 106 08 1N 10 066 1270 $2,800 F12.010 14.070 $,768 8730 s20.202 FINAL DESIGN ' 1. FOUL ORAYANOS 8 82 17 01 106 SPECIFICATIONS 1 V 6 24 66 0. RENEW ®DENTOF a 1 6 1. RENSIONS 6 2 12 22 S TESTWO PLAN 0 2 2 10 6. PMAC 2 1 1 1 1 SIR-TOTAL 2 1d 124 02 106 26 SOe $274 &1,600 50.624 62$92 64.962 8654 $20,106 TOTAL DESIGN PRASE 135.1f0 --BUPKAGE-- 000WO I. ADNERPSEMEN7 d f 2 11 2. PRE-80007FEAENCE 1 1 t 12 7. SQOPENWO®OEN"Y N 1 1 FAA APPI,CATION d 2- 6 6. REVIFWOUS 6 PAW 1 ~ 1 0 SVStOTAL 6 26 A TOTAL OO PHASE 6 4 1 % 8000 !?.020 0614 1160 $02 $,796 --CONS (RUCTION PHASE- - CONSTRUCTION EXECCOCGMENTS } 2 PRE-COkST COTFOOENION 0 0. Iia visas (8 MP.) 2e E 6 2 10 f. SNCP ONO REVIEW 1 A so 6 OVALTTY CONTROL 2 2 / _ SUBTOTAL 1 12 60 If 6 64 3100 81.200 $.Y,0 $1,101 8261 86.037 . CLOSEOUT I. RECORODWOS 1 0 12 2. WA9RANTYWSPECTION 6 5 . "TOTAL 0 6 10 $702 $76 $1,010 re TOTAL CONSMUCMKI PHASE S? I! I TOUT P,qK UWv. / 90 400 90 2V2 t se otn ~ 701.1 P,01K1 LAOw $90 $0,000 870271 67,030 110,721 $1,646 $rRS) • EXPENSES''- Twr.l E~,~i 8560 CaryNK EyaaA N91 0ESIONPHASE PM7r0 E,a 81.070 LABOR $5.716 G.V,N?Epon 8d6 MNSES $.050 CAW EXPENSE $1928 TOTAL EXPENSE 94 ISO TOTAL MIN "'J00lIgNAi. SERVICES'" BO PRASE • 6VRYEYIN0 NA (SWAY by Cib010MwP) LABOR $ IN • OEOI TOTS k9VL1ANT ~R1Y Gyd Ombn) OO'E NSES $40 TOTAL S1.2M CONSTRUCTION PRASE LABOR 17,715 EIPENSES $50 TOTAL 56005 FSN PROJECT TOTAL 87,.f0r ~ I a, l5 a 11 N n 3- A • . r DENTON 03 OO O DO 0000° oo° ° ~'o 0 0 { od ~ o Opp ~ Opq OOQO T o N ti 0000 °aoQaooa~oo CITY COUNCIL r • • • F- 03 • i AQ@ndaNo Dom' A~gp t.& 02107195 lof79 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUB1: Approval of an ordinance providing for adoption of the Affordable Housing Program; authorizing the City Manager to utilize 901 Windsor and 907 Windsor to provide part of the match required by the Federal grant program; and providing an effective date. I' RECOMMENDATION: The Community Development Staff recommends approval, The Affordable Housing Program, including use of City-owned properties, was approved by city council in the 1994 Combined Statement orcommunity Development Objectives and Projected Use or Funds and the HOME Program Descriplion. BACKGROUND: On June 7, 1994 die Combined Statement of Community Development activities was approved by city cowncii. Activities i,Icluded the Affordable Housing Program. 'Pie program description stated that City-owned residential properties would be used for construction of new single-family housing. The purpose of the program Is to create additional affordable units available to low and moderate Income persons. Donation of residential properties by the City also provides part of the match required under the Federal HOME Program. Homes will be sold to low and moderate Income families at or near market value. Buyers will obtain a mortgage loan from a lending Instilution, Subsidies are set up as deferred forgivable loans based on household Income levels. These subsidies will be available to the family purchasing the home under the City's Homebuyer Assistance Program (guidelines attached). Repayment will be required If residency by the original q low/moderatL income owner is not maintained during the loan period. Program income, realized at die time of sale„ will be returned to the program to finance additional construction. • Additional construction funding was requested from the Denton County Housing Finance Corporation. These funds were necessary to meet Federal matching fund requirements and Increase the number of waits constructed, The DCHFC agreed to provide $122,000 to the program. Funds are scheduled to be received from the DCHFC by March I, 1995. The cost of homes constructed wider the program will range from $50,000 to $64,000 • depending on the size and number of bedrooms. Homes will be architecturally compatible • • to others In the neighborhood. i 4\ONRLCONRwINM Lr.RfS\I • • p~ r,;.'~era SUMMARY: This resolution will allow the use of two properties to begin the Affordable Housing Program, The properties are 901 and 907 Windsor (deed attached) Constniction is :scheduled to begin by April 1995. PROGRAMS. DEPARTMENTS OR GROUPS AFF?CTFD~ Prospective Low/Moderate Income Homeh,yers Coal Contractors Denton County Housing Finance Corporation Meadowbrook Addition Neighborhood Residents Community Development Staff FISCAL. IMPACT: HOME funding for the program was approved on June 7. DCHFC funding k; to be received by March I, 1995. No additional fiscal Impact is anticipated. Respectf submitted:. i Lloyd a Harrell City Manager Prepared by: r Barbara Ross Community Development Administrator Appr ed: Frank Robbins, AICP Executive Director for Planning & Development Attachments: • • Ordinance Copy of HAP Guidelines Copy of Deed - 901 & 907 Windsor 4\0XRLC0RR\41KS0R0,9ES\2 • ca u F' \w9C iqg\ORD\A!'~ri~SF: 7N a -\4 ORDINANCE NO, AN ORDINANCE EROVTDING FOR ADOPTION OF THc. AFFORDABLE HOUSING PROGRAM; AUTHORYZIi1r THE CITY MANAGER TO UTILIZE 901 WINDSOR AND 907 WINDSOR TO PROVIDE A PORTION OF THE MATCH REQUIRED BY THE FEDERAL GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, in the 1.994 Combined Statement of Community Development Otjectives and Pro- jected Use of Funds and the HOME Program Desc+iption, recently approved implementation of an Affordable Housing Program; and WHEREAS, the Affordable Homing Program approved for implemen- tation by City Council specified the acquisition of vacant, abandoned and unoccupiable properties for the purpose of new housing construction or rehabilitation; and WHEREAS, Lot 10, Block E of the Meadowbrook Addition, City of Dei.ton, Denton County, Texas (°901 Windsor") and Lot 11, Block E of the Meadowbrook Addition, City of Denton, Denton County (11907 Windsor") have been acquired by the City of Denton; and WHEREAS, the Federal grant program that provides fund '.ng for Community Development, requires that local jurisdictions provide a match for the Federal grant funds; and WHEREAS, Texas law authorizes cities to adopt a community development program that makes matching grants for low and moderate income housing a public purpose; and WHEREAS, the City Council finds that such a public purpose would be beneficial. to the City of Denton; and WHEREAS, the City desires to use 901 Windsor and 907 Windsor as a portioi of the funding required to obtain the Federal matching grants; NOW, THEREFORE, • THE COUNCIL OF THE CIT" OF DENTON HEREBY ORDAINS; SECTION I, That the Affordable Housing i ogram under which the City of Denton may acq,..re and convey real property that is appropriate for new construction or rehabilitation in order to promote conservation of neighbor!'-' cods and availability of affordable housing anti the use of such property as a match for ' ® Federal grant programs is adopted, • • SECTION 11L The City Manager is authorized to utilize 901 Windsor and 9A7 Windsor to provide a portion of the match required by the Federal grant program and to convey said properties as is necessary without further City Council action. • w 4nr ~,i: ~Lo 2dj 8ECTT10N III. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 199 - 806 CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: • i PAGE 2 'i IT 1tk4h4S"'i I:: r.1dIK iv 44i{1tii 0 • ~ ' is 1'~g~~'t~~~~,e~ ~a+1 7~jyti ~.~(~~'~~1f1"~~`f,;i • w A CITY OF DENTON i- }ond' No. r~1 COMMUNITY DEVELOPMENT OFFICE 100 WEST OAK, SUITE 208 AOc~i(I Ilrni J L.1 DENTON, TX 76201 R6, , (817) 383-7726 SC n HOMEBUYER ASSISTANCE PROGRAM GUIDELINES (HAP) REVISED, JANUARY 9, 2994 PAGE I OF 11 r ..._w...........-~."-YS•' ~ ....r..rw.~.+r`JW961't ~/w 'd+~r-. . l ar.;~ II ~~b ~fi~ 4 ` , } • O a~ 1 1 I f f i" ~G~II{~,9(YO.. ~ __QOJ HOMEBUYERS ASSISTANCE PROGRAM GUIDELINOA~jj,'Auf TABLE OF CONTENTS IM1C Page Number I. INTRODUCTION 3 II. WHO QUALIFIES FOR ASSISTANCE? 4 III. WHAT TYPE OF HOUSE QUALIFIES? , , , IV. WHAT COSTS WILL HAP COVER? , , 5 V. LEVEL OF ASSISTANCE5 VI. THE EARNEST MONEY CONTRACT . , 6 VM GOOD FAITH ESTIMATE 6 vllL HAP PACKET AND APPROVAL 7 IX. HAP COMMITMENT Ix. APPENDICES A. QUALIFYING INCOME LIMITS AND RANGES 9 + H. SECTION 8 INCOME GUIDELINES . . . . . . , , , Ip C. OCCUPANCY STANDARDS 12 b D. VERIFICA'T'IONOFEMPLOYMENTFORM............................... 13 E. VERIFICATION OF FINANCIAL STATUS FORM . . . . . . . . . . . , , , , 14 REVISED; JANUARY 9, 1994 mmnwwwwnw~ PAGE 2 OF 14 o - w 0 f Apoll"NO *thenu:rc INTRODUCTION AgcGioiloIto Families from all walks of life qualify for an FHA 203b, FHA 203k, or a convont[onal loan to p~ existing houses, However, these same families are often unable to save the money ^.eeded for the down payment, closing costs and prepaid taxes and Insurance. The City of Denton's Homebuyer Assistance Program (HAP) provides a portion of this necessary financing in the form of a forgivable second mortgage loan at 0% interest for five years. HAP, funded by federal grants from the Deparmnent of Housing and Urban Development, accomplishes two objectives- providing home ownership opportunhies for low and moderate income families and encouraging private Investment in inner-city neighborhoods. Policy clarifications or general questions should be addressed to the Community Development Office at 100 West Oak, Suite 208, Denton, Texas 76201 or by calling (817) 383.7726. • e 0 REVISED: JANUARY 9, 1994 PAOE3OF13 ~J~ji J M' J ~i },L ~1 fAA 1 y a e • w • rir,,ul~~hJo. C ~ IL WHO QUALIFIES FOR ASSISTANCEY Ah To be eligible for participation in the Homebuyer Assistance Program (HAP), clients mlfst ffie lsf ttie following ' criteria: I. Participants must either live or work in the city of Denton 2. Participants' gross annual household Income cannot exceed 80% of the area median income (See Appe,dix A). Household Income is determined by current HUD Section 8 program standards and includes the Income of all persons in the home who are over the age of 18. (See Appendix B) 3. Participants cannot have owned any residential property within the past three (3) years. 4, Participants must occupy the home as their primary residence during the term of program assistance (five years.). The HAP second lien contains a due and payablelacceferation clause In the event of sale. 5. Participants must qualify for an FHA insured, 203b, or 203k mortgage loan from a bona fide Institutional lender. Conventional loans are considered only after an FHA denial. The interest rate on the mortgage loan cannot exceed the prevailing market rate. 6. Participants may not hold more than $3,500 In a savings or any other form of account (Le., CD, money market, mutual fund, stock, etc.), unless required by mortgage company. Any sum over the $3,500 must be pledged by participants for closing costs and prepaids. III. WHAT TYPE OF HOUSE QUALIFIES? 1. The house to be purchased must be an existing structure, located within the Denton city limits, The maximum sales price of the house to he purchased shall not exceed $65,000. 2. The property to be purchased must be safe, decent and sanitary. Assistance cannot be provided to facilitate the purchase of a substandard property (see #4 below). 3. The unit must contain adequote living/sleeping space as verified by the FHA appraisal, site visit, and/or Denton Central Appraisal District data. (See Appendix C) 4. Anv structure built before 1978, where a child of seven (7) years of age or younger will reside, must be free from lead based paint. The Agency will conduct lead based paint tests, If lead based paint Is found in the home, It must be removed in accordance with the abatement procedures contained In the Federal Regulations. In such cases, potential homebuyers can be placed on the Homeowner Rehabilitation Waiting List. Abatement procedures will be caried out by the property owner within one year or, If applicable, when they become eligible for a rehabilitation loan. • NOTE: 5. The City of Denton will not assist in the purchase of a house that is being rented unless either of the following conditions exists: a. 7 he buyer and renter are the same. A b. Piior to leasing and occupying the property, the renter received written notitlcation of the possibility of the property being sold and that relocation assistance would not be provided. • • j REVISED: JANUARY 9, 1494 PAGE 4 OF 14 , 0 • as • hfCpIIZNO._ct-•~-"~ IV, WHAT COSTS WILL HAP COVER? 71~IL~i~ A. Borrower's closet costs include the following: mortgagees origination fee • cost of title search • charges forpreparatlon of deed and mortgage documents • mortgage tax recording fees • appraisal fee • credit report fee • other similar items. All these costs are eligible for financing, to some degree, through the HAP program. B. Limitations: 30 Days Interest - A full 30 days interest is provided. • 14 Months Hazard Insurance • Sufficient funds are provided to purchase a Hazard Insurance Policy in an amount equal to the mortgage loan or sales price, whichever is greater. 'rhe increased cost of a Homeowner's Policy must be home by the purchaser. Three (3) Months Property Taxes • Based on the Good Faith Estimate, a full three (3) months taxes are provided. Ifthe actual taxes for a three (3) month period are less than the amount provided, the excess funds may not t-: escrowed for additional taxes. It is the responsibility of the purchaser to pay for any taxes above the thre months allowed under the program. • Up to 50% of the MINIMUM down payment. • Pest Inspection - Reimbursement is available for pest inspection, up to $75. • Independent Inspection - Reimbursement is available for an independent inspection, up to $ 100, and up to $50 far the reinspection after repairs have been completed. C. If the maximum allowance is not used fora particular item, fiords cannot be used to finance other eligible items over the amounts specified. In such cases where certain items cannot be covered through HAP, the buyer will j be responsible for those closing costs, f! D. Gap Financing Additional assistance is also available to help homebuycrs buy down the interest rate or to lower the mortgage principle. These funds are distributed at the discretion of the Community Development staff. Gap Financing is not meant to he used as a cushion factor to make the loan more appealing to the purchaser or mortgage • company. It is only available when the action is necessary for the participant to qualify for n mortgage loan. The mortgage company's cover letter transmitting the application package must indicate Cie maximum loan the Cannily can ifford and the mortgage analysis street mustjustify the need for gap twanging. 1'. LEVELS OF ASSISTANCE 'I he City of Denton has three levels of assistance for those who quality for the Homebuyers Assistance Program. • • Assistance is based on the Qualifying Income Limits and Ranges (See Appendix A). The following is a description of the three levels of assistance. REVISED: JANUARY 9, 1994 PAGE 5 OF t3 • O , • w • 'ahem ` A. Maximum S5000 ~~GOu Homebuyers whose gross annual household intone falls above 65% up to 80% of the area median family income limits will qualify for a maximum amount of $5,000. The following are eligible costs for this level of assistance: Half the down payment and eligible closing costs mentioned previously. B. Maximum $10,000 Homebuyers whose gross annual household Income falls above 5001a up to 65% of the area median family income limits will qualify for a maximum of $10,000. The following are eligible costs for this level of assistance: Half the down payment, eligible closing costs mentioned previously and gap financing. C. MaximumS14,900 homebuyers whose gross annual household income falls at 50% or below of the area medlan family income limits wi11 qualify for a maximum of $14,900. The following are eligible costs for this level of assistance: Half the down payment, eligible closing costs mentioned previously and gap financing. V1. THE EARNEST MONEY CONTRACT I. The contract most show an interest rate not to exceed the prevailing rate. 7 All contracts must be subject to a Property Condition Addendum (PCA). The PCA must call for an Independent Inspection of all major systems (electrical, plumbing, roof, foundation, gas lines), and items that may affect the health and safety of the occupants. If Seller is to pay for the inspection, call for reimbursement by buyer under Special Provisions, All noted deftch; es must be repaired, and a follow-up Inspection must be made by tl a licensed inspector, HAP funds will not be released until the Community Development Office has received a copy of tlrc second inspection verifying that all items of concern have been adequately addressed. 3. Under Special Provisions it must be annotated that the contract is subject to the Buyer qualifying for HAP assistance. 4. Contracts mr ,t be properly endorsed by Seller(s) and Purchaser(s), Any changes to the contract must be dated and initialed by both parties. 5. Broker's name and address are required along with selling agent's name and telephone number, 6. Access to structures must be provided to facilitate lead based paint testing, etc. 7. ]n some instances, the appraised value of the home will not support the loan. A change In contract price may affect the HAP benefit level. The mortgage company must submit a letter indicating the new sales price along with an adjusted Good Faith Estimate (GFE). • V11. GOOD FAITH ESTIMATE I. If, after issuing a commitment, the purchaser changes mortgage companies, we require a letterof transfer and a revised GFE from the new company. • , e • 2. Discount poins should be paid by Seller when at all possible. Discounts points are an eligible costs under the Homebuyers Assistance Program (See Section III.D. • Gap Financing) REVISED: JANUARY 9, 1994 PAGE 6OF13 • w • r i j 3. Most lending agencies require a non-refundable fee of $300 to $400 to cover an appraisal and a credit report. Should your loan be approved by the lending agency, this fee will be reimbursed under the HAP Program, c;cndaNo . VIII, HAP PACKET AND APPROVAL t~d',di~'IE`f17 A. Preliminary Approval - following Alter the mortgage company qualifies the applicant for a mortgage loan, the company must submit th0 folloowiing data to the Community Development Office for Preliminary Approval. Once the application packet has been reviewed and preliminary approval granted, a preliminary Approval letter will be sent to the homebuyer and mortgage company. I. Cover letter, indicating the Buyer's name, address, the amount of HAP funds requested and other special considerations. 2, Mortgage Analysis Sheet/Qualifying Sheet, copy 1 Loan Application, copy. 4. Verification of Employment, copy. The City of Denton's Verification of Employment or your own verificaiion can be used if the same information is conveyed. (See Appendix D - Verification of Employment) 5. Recent pay stubs, copy. 6. Verification of Financial Status, copy. The City of Denton's Verification of Financial Status oryour own verification can be used if the same information is conveyed, (See Appendix E - Verification of Financial Status) 7. Bank statements - two months, copy. 8, Filed Income Tax Returns - three years, copy. If an income tae return was not filed, a notarized letter is needed certifying that a return was not riled, 9 Additional Verification of Income, if needed, copy. Note: All sources of income included In the Section 8 Income Guidelines (See Appendix B) must be verified in writing by the income source. B, Final Approval I. The mortgage company will receive final approval status when the following data has been sent to the • Community Development Office; a. Earnest Money Contract; b. Approval Letter for mortgage loan; c. Good Faith Estimate; 8 d. Title Policy, copy; ' • . C. Settlement Statement; REVISED: JANUARY 9, 1994 PAGE 7 OF 13 ! O , • • gpondzNo---a " A~it~tc f Independent Inspection Report, copy; {?llc ~ g. Copies of prepaid receipts for reimbursements not ineludcd on the settlement statement. 2. The Community Development Office is under no obligation to call the mortgage company or realtor to request information needed to complete a HAP packet. 4. If, after Issuing a commitment, the purchaser changes mortgage companies, we require a letter of transfer and a revised Good Faith Estimate from the new mortgage company, 5. Should the purchaser change properties, only the Information required for final approval needs to be submitted again. IX. HAP COMMITMENT Upon receipt of a complete HAP packet, the Community Development Office begins processing the request for assistance. An outline of our functions follows. 1. information is reviewed to ensure completeness and accuracy and an eligibility check is performed (Income, area, availability of funds, etc.), 2. An inspection is conducted by Community Development staff. The seller must be Informed of the program regulations regarding lead based paint and abatement, the independent inspection and possible repairs, 3. Review independent inspection to ensure that all majorsystems were inspected, 4. An environmental survey Is conducted to determine if the structure is located adjacent to a manmade hazard, civil or military airfield, flood plain, etc. 5. Determine if the house has sufficient living/sleeping space to accommodate family. 6. Compute the amount of assistance and request a check from our Accounting Department. Assistance Is subject to: a. Completion of all repairs as required by PHA wW the Independent inspector employed by purchaser. b. Lead based paint inspection and notifleation, if applicable, abatement of the health hazard and reinspection of the property. 7, Notify mortgage and title company of the commitment g. Prepare legal documents for loan closing. An Informed seller and buyer Are the best customersi REVISED; JANUARY 9, 1994 PAGES OF 13 0 0 • APPENDIX A AgtlndaIva 0Q5 pQUdC<uff0 QUALIFYING INCOME LIMITS AND RANGES W10 FOR THE CITY OF UENTON'S FEDERALLY ASSISTED PROGRAMS r Or'~ Income eligibility for HAP is determined in accordance with LIcOme figures from the HUD list of income figures from the Dallas SMSA, which includes the City of Denton, Participant Income Is calculated uslug Section 8 Income deflnlllon. MAXIMUM CNCOMES FAMILY SIZE 80°/, 65% 50% 1 $25,600.00 - $20,801 $20,800.00 - $16,001 $16,000.OR BELOW 2 $29,250.00 - $23,791 $23,790.00. $18,301 $18,300 • OR BELOW 3 $32,900.00 - $26,716 $26,715.00 - $20,551 $20,550. OR BELOW 4 $36,550.00 - $29,706 $29,705.00 - $22,851 $22,850 - OR BELOW 5 $39,500.00 - $32,111 $32,110.00 - $24,701 $24,700 -OR BELOW 6 $42,400.00 - $34,451 $34,450.00 - $26,501 $26,500.OR BELOW 7 $45,350.00 - $36,886 $36,885.00 - $28,351 $28,350 • OR BELOW 8 $48,250.00- $39,196 $39,195.00 - $30,151 $30,150.OR BELOW NOTEr I. All income received on a regular basis must be divulged and vcrlfled whether or not It is to be considered as a basis for prepayment of the primary loan. 2. Any property owned by participant will be Included in Income calculations based on Its Income potential 3. Co-borrowers/co-mortgagors must meet all HAP eligibllity criteria (must not own residential property, gross income when combined with principal borrower's must be within limits, must occupy the home, etc.) • REVISED: JANUARY 9, 1994 PAGE 9 OF 13 • • , 'f +'rf~n~'F1~f,',~,i.5 si k,d, JM94V ,~'{,~.6 N'7 • • 30:0604 HOUSING AND DEVELOPMENT REPORTER APPENDIX B ~3RtlJ11'0._._ 114 13) Need for admission of a broader Department will seek to grant approvA;jd (2) e-ne in out operation of a range of tenants to preserve the. financial up to the maximum limits permitted by Bust Expenditures for or management viability of a project statute, nor is any presumption of an business expansion or amortization of because there is on insufficient number of entitlement to an exception created by the capital indebtedness shall not be used as potential applicants who are Very Low- specification ofcertaingrounds fore.xcep• deductions in determining net income, i Income Families; lion that HUD may consider. HUD will An allowance for depreciation of assets (4) Commitment ofan Owner to attain. review exceptions granted to Owners or used in a business or profession may be ing occupancy by Families with a broad PHAs at regular intervals. HUD may deducted, based on straight line deprecia. range of incomes, as evidenced in the withdraw permission to exercise those tion, as provided in Internal Revenue application for development, An applica- exceptions for program applicants at any Service regulations. Any withdrawal of tion citing this basis should be supported time that exceptions are not being used or cash or assets from the operation of a by evidence that the Owner is pursuing after a periodic review based on the business or profession will be included in this goal throughout its assisted projects findings of the review, income, except to the extent the with. l? ` in the community; and (e) Reporting. PHAs and Owners shall drawal is reimbursement of cash or assets (5) Project supervision by a State Hous. comply with HUD-prescribed reporting invested in the operation by the Family; ing Finance Agency having a policy of requirements that will permit HUD to (3) Interest, dividends, and other net occupancy by families with a broad range maintain reasonably current data as to income or any kind from real or personal of incomes, supported by evidence that (1) T'he numaer of dwelling units that property. Expenditures for amortization the Agency is pursuing this goal through. are subject to paragraph (a) of this sec- of capital indebtedness shall not be used out its assisted projects in the commu- tion; as a deduction in determining net in. n(ty, or a project with financing under (2) The number or dwelling units that come. An allowance for depreciation is Section I I(b} of the 1937 Act or under are subject to paragraph (c) of this section permitted only as authorized in pare- Section 103 of the Internal Revenue for which HAP contracts were first effec- graph (b)(2) of this section. Any with. Code. live under Part 882, Subpart B of this drawn[ of cash or assets from an invest. (c) Specific firmlatlon on certificates. (1) chapter on or after October I, 1931 ment will be included in income, except Except with the prior approval of HUD, (including new HAP Contracts for Fami. to the extent the withdrawal if reimburse. no Certificate of Family Participation lies for whom HAP Contracts had been in meet of cash or assets invested by the shall be granted under Part 882, Existing effect before that date for a different Family. Where the Family has Net Fami- Housing. Subparts A and B or F, or this unit); ly Assets in excess of 55,009, Annual E,E chapter on or after July 1, 1984 to any (3) The number of Families occupying Income shall include the greater of the f Lower Income Family that is not a Very units described in paragraph (e)(1) of this actual iru-ome derived from all Net Fami. Low-Income Family, except a Family (t) section that were admitted to such units ly Assets or a percentage of the value of that resided in a unit with assistance on or after July I, 1984 and were not such Assets based on the current pass- under Subparts A and B or F before that Very Low-Income Families when admix- book savings rate, as determined by date, (ti) whose participation in the Pro. ted, and HUD. gram has been continuous, and (iii) that (4) The number of Families occupying (4) The full amount of periodic pay. wants to move to another dwelling unit units described in paragraph (2) of this ments received from social security, an- r with continued participation in the Sec- section with Certificates issued on or nuities, insurance policies, retirement tion 8 Existing Housing Program under after July I, 1984 and were not Very Low. funds, pensions, disabilit or death belie. § 882.209(m). Income Families when such Certiicates firs and other similar types of periodic (2) A request by a YHA for HUD were granted, receipts, including a lump-sum payment approval to grant a Certificate of Family for the delayed start of a Participation under Part 882, Subparts A men[; periodic pay and B or F, of this chapter on or after JutY §813.106 Annual Income. (5) Payments in lieu of earnings, such 1, 1984 to Lower Income Families other as unemployment and disability compen• than Very Low-Income Families must (a) Annual income is the anticipated cation, worker's compensation and sever. state the basis far request-ng the excep. total income from all so~:rces received by ante pay (but see paragraph ('.)(3) of this lion and provide supporting data. One the Family head and spouse (even if section); basis for exception that may be consid. temporarily absent) and by each addition- (6) Welfare Assistance. If the Welfare ered by HUD is that Lower Income al member oftheFamily, including allnet Assistance payment includes an amount Families would otherwise be displaced or income derived from assets for the 12• specifically designated for shelter and are actually displaced as a result of Rental month period fullowing the effective dare utilities that is subject to adjustment by Rehabilitation or Development activities of certifiastion of income, exclusive of the Welfare Assistance agency in accord- assisted under SeCi,m 17 of the 1937 Act certain types of income as provided in ante with the actual cost of shelter and or as a result of activities assisted under paragraph (c) of this sectiom utilities, the amount of Welfare Assis. i the Rental Rehabilitation Demonstration (b) Annual Income includes, but is not tance income to be Included as income Program. limited co: shall consist of (d) town on request for (werpt(oti. (I) The full amount, before any payroll 0) The amount of the allowance or Whet(er to grant any request for e.xcep- deductions, of wages and salaries, over- grant exclusive orthe amount specifically lion is a matter commined by law to time pay, commissions, fees, tips and designated for shelter or utilities, plus HUD's sole discretion, and no irnplica- bonuses, and other compensation for per- (it) The maximum amount that the lion is intended to be created that the sonal services; Welfare Assistance agency could in fact a • • e Published by Warren, Gorham d Lamont, Inc. REVISED: JANUARY 9, 1994 PAGE 10 OF 14 tk a O SECTION 8 30:0605 HEIR RF-506 5.31-93 V 15 n ; i, r^ ~~7,7~~+ allow the Family for shelter and utili.'es. solely to allow participation in n spcc(Gc applicJ t )vlo h(y Jailed In ome if the Family's Welfare Assisance is program; sheN- t e following ratably reduced from the standard of (9) Temporary, nonrecurring or spo• (,able: need by applying a percentage, the radic income (including gifts); _ amount calculated under this paragraph (10) For all initial determinations and (b)(6)(ii) shall be the amount resulting reexaminations of income carried out on tae°a.e Me or euminafan rer:am+R from one application of the percentage; or after April 23, 1993, reparation pay- x~a. coat m sea. so, t9u to (7) Periodic and determinable allow- ments paid by a foreign government r,vrr i, war iu &pi. sa, was.... a antes, such as alimony and child support pursuant to claims filed under the laws of oa i, rot) m sepi. so. 192+...... is payments, and regular contributions or that government by persons who were 00 r war to sell. aa. 39s5...,.. 29 gifts received From persons not residing in persecuted during the Nazi era; or 0,1 t was Iw Iner.... )o the dwelling; (11) Amounts Ipecificalty excluded by (8) Ah regular pay, special pay and any other Federal statute from consider. (c) Special condidorrs. (1) For purposes allowances of a member of the Armed 'lion as income for purposes of de(ermin. of this section, a Family Is considered to Forces (but sec paragr. It (c)i7) of this ing 6; ibllity or benefits under a category be a Family whose initial lease was effce. section); and ofassistance programs that includes assts. live before August I, 1982 only if it (9) Any earned incont...tx credir to the lance under the United States Housing satisfies one of the following conditions; .a estent it exceeds income tax liability. Ac( of 1937. A notice will be published in (f)The Family resided on Jul), 31, 1982 i (c) Annual income does not include the (Ile Federal Register and distributed to in a unit under lease with assistance following: PHAs and owners identifying the benefits us,der the Section 8, Section 10(c), Sec. (1) Income from employment of chit- that qualify for this exclusion. Updates lion 23, Public Housing or Indian Hous- dren (including foster children) under the will be published and disiributed when mg Program, and its assistance has been age of 18 years; necessary. continuous thereafter in the same project: Payments rc.cived for the care of (d) Wit is not feasible to anticipate a or fosse- childrea; twat of income over a 12-month period, 00 Tnc Family resided in a unit under (3) Lump-sum additions to Family as- the income anticipated for a sho,ter peri. lease in a HUD-owned project paying a ~ sets, such as inheritances, insurance pay- od piny be annualized, subject to a redet• below marke rent at the time HUD sold ments (including payments under health ermtnatton at the end of the shorter (tic project; received assistane, under (he and accident insurance and worker's period. Section 8 Prop -am immediately after sale; corripensatioo), capital gains and settle. (e) Any family receiving the reparation and the Family's assistance has been meet for personal or property losses (but Payments ref.rred to in paragraph (c)(10) continuous (hereafter in the same project; see paragraph (b)(5) of this section); of this section that has been requested to or (a) Amounts received by the Family, repay assistance under this chapter as a (iii) The Family resided on April 30, that are specifically for, or in reimburse. result of receipt of such payments shall 1983 in a unit under lease with assistance meat of, the cost of medical expenses for not be required to make further repay- under the Rent Supplement Program an; Family member, mcists on or after April 23, 1993. (Section 10) of the Housing and Urban (5) Income of a live-in aide, as defined Development Act of 1965), or the Section 'dl in § 813.102; § 813.107 Total tenant payment. 236 Rental Assistance Program (Section (6) Amounts of educauwo:l scholar. 236(()(2) or the National Housing Act); ships paid directly to Ili.. studen or to tlse (a) Total Tenant payinvi r for families continued to receive such assistance unlit cducatienal institution, and imounts 0lose initial lease it e i-rrive on or after the Family was converted to assistance paid by [lie Government to a veteran, for latiust 1, 1082 , Total Tenant Payment under the Section 8 Program; and after use in meeting the costs of' tuition, fees, shall be the highest of the following, conversion its assistance has been contin- j books. equipment, materials, supplies, rounded to the nearest dollar: uous in the same project; or transportation, and miscellaneous per- (1) 30 percent of Monthly Adjusted (iv) The Family resided in a unit under tonal expenses of the student. Any Income; (case with assistance under the Rent amount of such scholarship or payment (2) 10 percent of Monthly Income; or Supplement Program or the Section 236 v to a veteran not used rot the above (3) If the Family receives Welfare As. Rental Assistance Program; was convert- 1 purposes that is available for subsistence sistance from a public 08ency and a part ed to assistanr,! under the Section 8 is to be included in income; of such payments, adjusted in accordance Program on or after August t, 1982 and The special pay to a Family nlember with the Family's actual housing costs, is before May I, 1983; and continued ' - serving in the Armed Forces who is specifically designated by such agency to receive assistance under the Rent Supple-5 exposed to hossiie live; meet the Family's housing costs, the ment or the Section 236 Rental Assis• (8)(i) Amounts received under (raining monthly portion of such payments which tance Program until the time of conver- programs funded by HUD; is so designated. If the Family's µ'elfarc Sion, and after conversion its assistance t .(ii) Amounts reccised by a Disabled Assistance is ratably reduced from the has been continuous in the same project, prson that are disregarded for a limited standard of need by applying a percent- (2) So long as a Family whose initial time for purposes of Supplernental Seca- age, the amount calculated under this tease wan egecif a prior to August I, city Income eligibility and benefits be. paragraph (a)(3) shall be the amount 1982, continues to reside in the same cause they are set aside for use under a rceuhing from one application of the Pro)'ect, its Total Tenant Payment shall Plan lo Attain Self•Suffc•icncy or percentage. not be increased by more than 10 percent ® (iii) Amounts received by a purticipamt (b) Total tenant papment for families during an)- 12-month period as a result or'. 0 in ether publicly assisled programs which iwiose Initial lease was effective before (i) Application of the percent'ges in sub- are specikally for or in reimbursement August J, 1952. Total Tenant Payment section(b)of thissection, and(it)applica- of out-of•rucket expenses incurred (spe- shall be calculated in accordance with lion of the changes in the definitions r ! vial eqt msem, clothing. transportation, paragraph (a) of (his section, except that contained in §§813,102 and 813.106 child care, etc.) and which are made instead or 30 percent, the percentage from definitions of comparable terms in I vaasshed by Worm Garnam Lament REVISED: JANUARY 9, 1994 PAGE I I OF 14 A d • • APPENDIX C '~7pA(1eN0 4no1~1~ Item tj 1H OCCUPANCY CTANDARI)S 1tl' -8--2 r-✓ The following are suggested occupancy standards to deal with overcrowding. ) O Number of Number of Family Members Rpq iir d B elrnnmc Minimum Maximum I I O/Efficlency 1 2 1 Bedroom 2 4 2 Bedrooms 4 6 3 Bedrooms 6 8 4 Bedrooms 8 10 5 Bedrooms 10+ 6 Bedrooms P.Plicy S larjrSjLgM When necessary, one (1) adult may use the living room for sleeping purposes. Persons of the opposite sex, except spouses, should probably not share a bedroom unless one of the persons is under six (6) years of age. A minimum of (1) bedroom wilt be recommended, for each of the following: o A couple with no children o A single head of household with one (1) child less than six (6) years of age 0 A single adult o Two (2) children of the same sex, regardless of age o Two (2) children of different sex who are less than six (6) years of age 0 Three (3) children of the same sex regardless of age may occupy one (1) bedroom with a minimum of 240 sq. R. • • REVISED: JANUARY 9, 1994 PAGE 12 OF 14 7 `~~a 1w LItA 1'+4 • • et t! t~, ✓ i4 ~ylhy,,~ .•R Weak A ondah_... ~r1 Apun~aliamC~~P` adto._-~'_ APPENDIX D J 7 f 270 VERIFICATION OE EMPLOYMENT f0: DATE: Please furnish the information requested below. I hereby give my permission to you to release this confidential Information, EMPLOYEE'S NAME PRINTED EMPLOYEE'S SOCIAL SECURITY NUMBER EMPLOYEE'S SIGNATURE DATE This Information will be used to determine applicant's loan eligiLi!ily status. It Is important that all Informatlon being requested below be completed. Information provided to this oftlee will be kept coMident:..I. Thank you. Position Held Date Employed Probability Of Continued Employment _ Rate Of Pay: S_ S - S - Per Flour Per Week Per Month Other How Paid: Weekly BI-Weekly &M MonI& Monthly Other (Circle One) 52tYR 26/YR 24(YR 12/YR PAY PERIODS PAY PERIODS PAY PERIODS PAY PERIODS SPECIFY 9 1fours Scheduled/Week _ 9 Weeks Scheduled/Year Average Overtime Hours/Per Week (regularly scheduled or worked) - Is employee eligible to receive a wage increase during the next 12 months? Yes No If yes, what percent increase is expected? When? THIS FORM WAS COMPLETED KY: I i Print Name Company Name Title - Company Address Signature _ City/State/Zip Code Dote v Telephone REVISED: JANUARY 9, 1994 PAGE 13 OF 14 • ' w • 1 , APPENDIX E A I VERIFICATION OF FINANCIAL DATX DATE: hereby authorize you to verify my past and present bank accounts, savlags accounts, stock holdings, and any other asset balances as requested below. PRINTED NAME OF ACC50N'I' HOLDER ACCOUNT HOLDER SIONATURE A CC0UN T NUMB-ER ACCOUNT HOLDE R SOCIA L S EC URI TY N UMB ER CHF. KiNC~A~.O NT• Current Balance S Amount of last deposit $ Average account balance over last six months S In.=rest tamed last tax year S Present rate of interest _ _ go -v NU A Q-Q Current Balance b Amount of Iasi deposit $ _ Average account balance over last six months S Interest earned last tax year S Present rate of interest % STOP CKS1QQN!DS1lB&. D. Type of Acct. Current Balance Inst. Rate Maturing Date YTD Inst. Earner' Early Withdrawal Penalty S @ % % $ S 4T1If'R 1E'lme-y crlbe1 THIS FORM 1VAS COMPLETED BY: Prinl Name title - ` • Y" Telephone Signature REVISED: JANUARY 9, 1994 PAGE 14 OF 14 r' • • i n r~,cN,, e:U 1.1A I1' UI'd'.o-1fI,L flntlr i...I ,I l,i _trowtom A.A.wlnh x,nnl.. 11nn 1. - ,rvu Xlx,, ,.u i~l,n K 1. I DLtEl? flfcfORDS ^ ~BP,f~I~~~~ ~y5 ilt~s~~#"w,b' idol l _ gJo~tlaliorn 7 1 10 - /l;'!(I!/J/X~' DL'N'1'ON PA). 1~~l Vly~,t~ll'~~.~3t T1'►~CL 1` _ . 19or1'2+~ ? DENTON LOAN 6 INVESTMENT COMPANY ' i 1.5223 DENTON JAelr/ ~ TEXAS 11((',(/1/(lol ( i _---TEN AND N01100 ($10.00)------ ~Tj Ai{il l4,, lP' it ?(/14, The City of Denton, Texas, a Mtnicipal Corporation r ii 4 ~rnr~(,tnlllCb,~lJ11111111(f,•di111fPfl~,,rriii~l~~~r?~~~irJr"ii~~lr~iC~tV4l,~t`~~6111L1(Ltllttli~~! ~ ' City of Denton, Texas, a Municipal Corporation / `%/rVii/rl/rrn Denten .~/alJ~/ Texan (r fruirr Iot, tract or Iarcel of land lying and being oituated in the City and Count of Denton, State of Texas, and being part of the J, Carter Survey, Abstract No. 274, and being part of a tract of land conveyed from George C. Deutsch to Denton Loan & Investment Company by deed elated July 21, 1961 and re- corded in Volume 411, Page 94 of the Deed Records of Denton County, Toxas, and Irarre particularly described as followsl 01:G11WIN0 at a point in the west boundary line of said tract, snae being th cast r;jhL-uf-way J.ine of Stuart Road said point of beginning being the 111 norLi I- wrnor of Lot 1, Block E of the Meadowbrook Subdivision, an addi• Cion to tl,e City of fxanton as rcoordud in Volume 2, page 196 of the Plat Ro cords of Du Lon County, Texas, said point of boginninq oleo being 141.09 fl. nor U, J° 57n ' east of the intersection of the east right-of-way of Stuart 1 Road and Lhc north right.-of-way line of Windn(jr.Drivel THENCE north 1° 57' cant, along tho wont bounthry ]in(., of said tract, uvnc • - ' bl~~f ng tho colic right:-of way llnc of Stuart IaY•,d, a dloLanco of 91.66 more or lcu:a, to a point for a corner, s:une l..einq L1,o oou Lhwesb: corour of a tract of land oarvoycd by Ernost. Simpson to Raymond Stephem:on, et a1. by deed d,itud Juno lo, 1969 and rreordod lit Volli,uc 5061 P -te 19U or t1lo Deed Rccord❑ of bxentoa cuunh.y, foxanl TrILf1Ci: norl.b 'J1^ 00, na::t, along the south boundary liac of said Stophenum boot., a dl:;Lorwo of 107.06 fno C. to a point for it corner, same boiny Lha ll'!.l. u,la ly corm•r of r +id ::Fcl,hrnuoa 'Y'raCC, and dlro 15'(nq in Lblc north :VII f! r nounuory unu u~ o Ir:Dfl1 north 79" 42' cant, alung the I, or th boundary 1, I. no ofn,{}p,hd hp{ - i Y a, and L,vnr;tment Company Tract a distance of 995,44 feet, I pul,nt for a corner in Lhe cast boundary lino of said LracCwes,L boundary l 11 a I iv ine of Sherman Drive and also homy 1110 inswest right-of-clay line of: Sherman Drive and the soutl, righl~-W6,^w 1Monterrey Drivel TPEWCE south 29° 491 wont, along the east boundary line of avid trncbeing the west right-of-way line of Sherman Drive, a distance of 2B5.00 feet more or loan, to a point for a corner, aamn being the norl:hcant corner of ; Lot 1, Block B of said Moadowbrook Subdivision) THENCE north 600 11' west, along the north boundary line of said Lot 1, 11100 B, n distance of 140,00 foot to n point for a corner same being the northwas corner of said Lot 1, Block BI THENCE cc,.th 29° 49' along the west boundary line of said Block B a distance of 150.35 foot to a point for a corner, same being the northeast corner of Lot 13, Block P, of said Mendowbrook SubdivinionJ THENCE south 040 49' west, along the north boundary line of said Block 1C, a distance of 240,48 feet to a point for a corner, soma being the northeant j corner of Lot 11, Block F. of said Meadowbrook SuhdivislonJ THENCE south 5° 11' east aloe the Vast boundary lie of said Lot 11, Ulock L, a distance of 140,00 feet t~ a point for a corner in the north riyhC-of- way line of Windsor Drive, same being the southeast corner of said Lot 11, , Block El THIINCF south 84° 49' west, along the north right-of-way line of Windsor Briv a distance of 144.00 feet to a point for a corner, same being the southwest corner of Lot 10, Block E Of the Meadowbrook Subdivisions THENCE north 5° 11' west, along the went boundary line of said Lot 10, Block E, a distance of 140,00 feet to a point for o corner same being the north- west corner of said Lot 10, Block El TRLNCE south 846 491 went, along the north boundary line of said Block E of { said moadow'brook Subdivision, a distance of. 643,11 feet, to thu place of helinning and containing 6.07 acres of land, more or lose, This conveyance in subject tot 1. 112 mineral interest retained in the deed from W.A, Wilnon to Joe Skiles dat!d May 15, 1953, and shown of record in Vol, 387, Page 375. Deed Records, Dr .,?n County, Texan, 2. Building and ust'restrictions shown of record in Vol. 477, Page 458, Deed Records, Dentor. County, Texas. 3. Any and all. easements and/or rights-of-way on, over, or across the said property. ('10 11ITP{1111101111 (/~nrr/rrra;7liG/r~rrr~J6//nin7„/c~/r//cb~;uyY iry 6 rn creel rrr/~rrmirr' 'rl9cf'rrt;rrrrlxiidr, e~e ril~ri>r, nrrrr.r// ,Irrri/' Ii»nlt,+mn3Jnflmxm%dw,sailm~,~nflmapnmfivx,ltJ6axmwQJanxaaam,wn City of Denton, Texas, a Municipal Corporation, its successors >1TYffl.RYrr/rrJJrj//-l~ltrel-?l Kole?/ it .-,le Ahlerr7~'Cn111/ itself, its /iii,,iarrrrly.Ieonrr/ra/irUr(j , /iieero, 1r' McIrr111ttUtt);i arm 1't'1oft,ttb, rr/j.irrr/ • Jrir~rr/rr //r.Jrrri%/irnrrdrlcity of Dantrn,, Texas, a Nun)- cipal Corporation, its successors A>y8irnr/niJ~n.; ~r/vr,J4- -e y ~rLVw orb ar✓rrr N iii r<~j~ rliin/ul~ rl te rlrrrnr /fin .lran/r ri rrn~~rrr//~rrr • %~//MIJ oUr/)" eel Denton, Texas 23 July r,~~~~75 r ' DENTON W NVES011:N 14PANy • • ' J~%r rd.,rJ n%~~rrr a/~7Jlrrn / ~ Hn}~V .r1if6, 'Pr on eat Al JF..' VV„ m! nr.TARy I • c• DENTON oo~a 00090 000 0 oo°~ °oo d~ ~o a o LD o Q7 0 DO ~ O OOO r ~ 0000 ~ N ~ 0000 ~~QD~ 0 ►~QG CITY COUNCIL ° ° t • • AW& Ne . Agendalt . oate.Ic~ CITY of DENTON, TEXAS MUNICIPAL 80LDING ~ DENTON, TEXAS 76201 0 TELEPHONE(617l 566.6307 Office of the City Manager MEMORANDUM T0i Lloyd V. Harrell, City Manager FROMi Rick Svehla, Deputy City Manager DATEt February 1, 1995 SUBJECTt Assignment of Airport Lease Several meetings ago, the Council approved rewriting Bruce Brown's lease at the airport into several separate leases. Mr. Brown's intent was to sublease, or assign, parts of his lease to other tenants. He is ready to do this with Mr. Slater. Mr. Slater will aseum e tht southwest part of Mr. Browns l will be the same so revenue to the city will be the lease rates he same on this portion of the lease. If you or the Council has any further questions, I will be happy to answe at your convenience, ick vehla Deputy City Manager RS:bw AMMD0627 Attachments i 1 "Dedicated to QualMy Serrlce" _....r.w.Y►.__ _y. ...rrwa.rsQi~, Hwra~.,. ! i., ( ~ t i.~ ? l !k~ J.\ tc ~~4 rrftlk,i.`(i>)t ~r LLLLe y~~`~a<tl~'~`F~77 Y~ t . • • + r;.:rlr ~v''r`y~~ AiN~rM1 ~'u.~ftl~~~ ~1~~ ' J'~. r • p • NondaNo,._c A0UndaItorq UL RESOLUTION N0, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE ASSIGNMENT BY BRUCE BROWN OF THE "TRACT B" LEASE OF AIRPORT PROPERTY TO 20,865.24 SQUARE FEET ANDH PRSLATER, SAID OVIDING OR AN PROPERTY EFFECTIVE DATE CONSISTING OF WHEREAS, the City of Denton has leased airport property to Bruce Brown, one such lease being identified as "Tract B111 and WHEREAS, Bruce Brown wishes to assign his interest in the "Tract B" leased facilities to Ralph Slaterl and WHEREAS, Bruce Brown is required to obtain the City's written consent to this assignment; NOW, THEREFORE! THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SEC ION I. That under paragraph XI (Assignment of Lease) of the "Tract B" lease between the City of Denton and Bruce Brown dated December 6, 1994, the City of Denton gives its written consent to the assignment dated January 4, 1995 between Bruce Brown and Ralph Slater, attached as Exhibit A. gfirTIQN iI. That consent to this attached assignment is sub- ject to and shall be considered valid only for so long as the named Assignee between terms the City h of " Denton, " Telease as areement ecember complies 6, 1994 with all of D Bruce Brown. SECTION III, That this resolution 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: - r • • APPROVED AS TO LEGAL FORM- DEBRA, A. DRAYOVITCI, CITY ATTORNEY i p i; • W • C ` 1_ 3 January 4,1995 This letter is to serve notice that Ralph Slater has reached an agreement with Bruce Brown to assume the "Tract B" lease consisting of 20,865,24 square feet that Bruce Brown has with the city of Denton Texas for land at the Denton County Airport. ruce Brown Ralph Slater o~ s ~rE ~q4 S ' i were, saa a raw wmrawoe oan~inr Lb"Ck'l, 000000~00oooooeo rn~ Oomws v) Ocp(h!A (p-7 ql • ~.ozo So~tiJ~~t;4g~ :Dru~oN, sjixrt s 76. ] o S `$I 1- 337- 9 ~~I $ f"1 s c> . u DENTON ~oIvooaoQOOo oo°° ° 00 ~ ~ °o o~ °a CZ5 G ~a o CO °v0 r o00 OOpp ° N e p0o ~noQ~aaoao ® CITY COUNCIL • • A~laNa ~ °a S` CITY of DENTON, TEXAS MUNICIPAL BUILDING DEN TON, TEXAS 76201 • TELEPHONE (817) 566.8307 Office of the City Manager MEMORANDUM DATE: February 1, 1995 TO., Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: Denton County Housing Finance Corporation In connection with the issuance of single family revenue bonds to be issued by the Denton County Housing Finance Corporation, Fitlbright & Jaworski, bond counsel to the Corporation, is requesting that the City Council approved the proposed resolution. Thiq resolution allows for home mortgages under thR Corporation's program to be originated in the City limits and is similar to the one passed by the City in connection with the Corporation's 1991 home mortgage program. QLl gyV.~2Harre3l City Manager ACC00027 • 'Dedicated to Quality Service" Yt LIAM • m • +rw.. as ♦v. o~..ev per dh ao..rn..ea. se. /'~enrlih~dr7 r ~1.4'~'~'a'tern DE.N"roN C004TY HOUSING FINANCE COWJro Single F,unily.MortMe Revenue Bonds (Series 1995) "B is ~talor as~ymntions Bond Information Dated Date 2/1/95 Closing Bate 2/23/05 (interest &tu ' u .Auruiav . Par Amt. to be TWUed 519,105,000 Investment Rate During Uriglnatlon Period 6.98% Full Flea GIC with 3 month lack out Bond Rate 6.375% Bond holder receives monthly p&U through of M on Any mortga;e backed securities purchased by Trustee with Interest only payable monthly an remainder commencing 311195 and endiag 3/(/98. Terns Sond N)nturhy Date 2,11/28 .Mortgage Interest Rnte 7.955% Mortgage Puss Through Rate 7.455 Excess Interest Portion .31% (Payable monthly on 1 • outstandlne SIBS seeurities as purchased by Trustee) r h'.',1t7uO~~sA,TSt\6r.ltIODF, \'nSSI: }f.~ • 0jrC~l • • jW1 10:-ED1 1ST 9v:UTM4EV 1:0. Q F ~~~rta1 r8~.. DENTON COUNTY HOUSING FINANCE CORPORATION 3 ~ J S Single Family ,Nfortgage Revenue Bonds (Set'ies 1995) .Malor Assumnti n Mortgage Information Amt. of Mortgages to be originated 579,105,000 Trustee Certificate Purchase Date Commencing 6/1/95 and ending 2/1/98 Totnl Points to Borrower 2.00°4 Vartgage Evpenses Servicing Fee 34 BPS (GN;6{A) 23 BPS (FNMA) GNNIA Guarantee Fee 6 BPS (GNAIA) 25 BPS (GNMA) Trustee Fee 3 BPS (Payable monthly on outs tonding 'YIBS's) issuer Fee 4 BPS (Payable monthly on outstanding NBS't) • s 3 3 • Ararv Schedule ' • I Cownteileing Julie 1.199", all martgnge backed tecuritles will be purchased when pooled by Trustee bt drawing dawn upon full flex GIC through 2/1198. ratiru!nnra<,srnctxtaflut:x4ssenruuc' s r • ii t.k ?~'f a( "y lr,(i hf • e;a • a~+ ice +osa ?Hr! 'ST 10!'c-W 1ST SOUTHWEST l:4. F, .10 l 11 17 AM Denton County Housing Finance Corporation Single Family Mortgage Revenue Bonds (Series 1995) Term h Amount: $19,10.°,000 Dated Date: February t, 1995 Generni Program Structure: Mortgage rate will be 7.955% and is currently 125 basis points ("BPS") below current conventional levels, The mortgage rate will be locked in over a 33 month origination period and will not adjust regardless of the conventional mortgage market, Bond Structure: 33 year Term Bond. Bond holder receives monthly pass through of PM on any mortgage backed securities purchased by Trustee with interest only pavable monthly on remainder ~omm4tncing 3/1;95 and ending 3/ 1198. Bond Rate: 6.875% GTC Structure: 36 month full Flex Guaranteed Investment Contract ("GIC" Thrce month lock out to June 1995 GIC Provider will be Societe Generale and is rated ".kA" or better GIC Rate: 6 98% 0 r l,, A'tvouxso'sn+crAW oenTt:aMs,noc t L / • es • 7 tl % 10:Zkl 1ST ,:UTK4EST :0. IlJ ~r,7dG r10,__~ i!j . t).;fhluG r-N Denton County Housing Finance Corporation Stg t$ Single Family Llortgage Revenue Bonds (Series 1995) S e Excess Interest Portion Structure: Society Generale, the purchaser of the Excess Interest Portion will titer into a Custodial Receipt Agreement with the Trustee to receive monthly payments of interest equal to the negotiated amount of Excess Interest commencing and based upon the purc'ase of•mortgage uacked securities by the Trustst, The Cusr.,diai Receipt purchaser must sign the Depository Trust Corporation's Letter of Representation certifying that the Custodial Receipts are securities and must arrange f'cr Portal Eligibility of the Custodial Receipts if the purchaser desires DTC eligibility. Excess Interest Portion Purchnse Price: 1.36x/• Excess Interest Portion BPS: SI BPS Excess Interest Pnrtion 0410463 i Loans Types: FHA VA and Fannie Mae fixed rate mortgage loans including Fannie,lvrae's Community Homebuysrs • Program kvith ~isicr quaiiNing ratios and 3!: option allowing for lower don npayment costs. Mortgage Term: 30 years of Jlortgnue Rate: 7 955,e ' • • Pn.'•11U~)IC:.iq Sty\CF,Ul9uEn'7'lxtIS.UU.'1. s • a • r., yr ....r OHL JAfi it W;ZZAM 1ST 31;1iTHWEST CO. c y k A6W3 No Ag6.:,111 ?ik~ Denton County Housing Finance Corporation 6 a81s Single Family Mortgage Revenue Bonds (Series 199x) Term h t Pass Through Rate: 7.455% Trustee Fee: I BPS Guarantee Fee: 6 BPS (GWA) 25 BPS (Fannie Mee) Servicing Fee, 1,25% for 44 BPS • FHA (GN A) i-20% for 44 BPS • VA (GNi MA) 65;5 for 25 BPS (Fannie Vitae) 30 Day Lag Fund Amount 57,375 BPS Lender Reservtrtloo Fee; 500.0 Total Points to Homebuyer; 2,004'0 Net to Lender: 1.50% I r 0 r ~ ;.q AcrIOHNSOAINnNaw-naN'rvRmsrxw.1 • GJ • ?~1 ~1 '95 IO~S?r+l1 13F ':~JTMJt,ST AS 0(1111/" 919 AM DENTON COUNTY HOUSING FINANCE CORPOUTI r Single Family Mortgage Revenue Bonds (Series 19~. ELI a s Schedule of Events Jmuwrv 1995 FOAwN 1995 March 1991 M f W T F S S M T W r S S M r W T F S 1 2 7 4 1 J 3 J 4 5 6 7 s 5 6 ? 8 9 10 11 1 6 7 8 9 10 II 9 t(i I1 12 11 14 13 !2 I) 14 Is Id t? I8 12 13 14 15 16 17 l8 16 17 IA 19 20 21 22 19 2U :1 .2 11 19 20 21 22 21 24 26 23 24 :5 26 :7 24 :9 26 :7 28 26 27 16 29 A 31 30 11 I - tssucr I Denton County RFC) SC - Bond Counsel (Fvibright & laworsk) P,4 - Placement Agent (First Southwest Company) PAC - Pluccuicat Agent's Counsel (McCall Parkhurst & Horton) BP - Bond Purchaser (F.-tnrue Mael SPC - Bond Purchaier's Counsel (Chapman & Cutler) T - Trustee ( ) TC - Trustee's Counsel S - Master Servtcer (Lomas bfortgltge USA) MSC - Muster Servrcer's Counsel hones Day Reavis & Pogue) GtC - SnvaLrneut Provider (Societe (knerale) CPA = Cash Flow Vcri1)er (rho t.ucy Company) R - Rating Agency (Standard & Peers) WO - Working Group 1AII Panics) Date Activity' Particiuant li24 • Distribme Term Sheet, Assumption Shect, Schedule of Events, Current Lenders, Final Distribution List PA • 1112" • Initial draft of tiff documents distributed to + Working Group WG • Custodial Receipt documents to Working Group PAC I • w • I I•_1 10 .:W .ST iYJTh8E,3T.:0. $(29' Ai of 11jt►1e} °a 15 DENTON COUNTI HOUSING FINANCE CORPORATION Single Family Mortpge Revenue Bonds (Series 199) E. Schedule of Events :miuuv 1943 _Fmbruary t99S MnrcA 1995 3 St ; w r S S H T W T 3 S M T W T F S 12 3 e 12 3 S 2 3 4 ii 3 S 6 8 9 10 11 5 6 7 8 9 10 11 9 ;0 11 12 13 14 15 12 13 14 13 16 t7 Is 12 13 Ia IS 16 17 18 16 l7 18 19 20 21 22 19 19 21 22 23 24 '5 19 20 21 22 23 24 25 r 23 2a 25 26 27 28 29 26 27 21 26 21 28 29 30 31 M 31 to Activity I'articinant a 1131 • Obtain Cusip numbers PA • Comments to all does delivered to responsible party WG • Issuer Meeting I 2;03 • Second draft of does distributed to Working Group WG • Receive flnnl Cash Flow VerMcation CPA 1106 • Receipt of final comments to all documents WG 2/10 Distribute final draft of does to Working Group WG • Receive Rating Letter from SS:P PA i • 03 • Opinion from French Counsel GIC J 1,14 • Obtain DTC St PTC .authorization for Bonds Sc Custodial Receipts including Portal Eligibility PA, WH, T • • • • Pre-Closing N' r, '3;23 • Closing • ca • 7NJ it li] dtiill aT ~JTMJET DE,NrTON HOL•SING FINAINCE CORPORATION 9~ 15 s SINGLE FAMILY MORTGAGE REVENUE BOND L 1995 Distri atlon List Parry/Address Contact Telephone Fax l~CUER L'utton County Housing Finaiwe ""Ir. Don Hill Corporation $17-383.8399 827.382.0845 Courthouse or? (ho Square I W W. Hickory Denton, Texas '6201 a 82ND mal-' - Fulbripltl do Jaworski. L.L.P Robert Dranstteld 2200 Rags Avenue :14.851.8000 214-8554200 Stu to 2800 Dallas Texas ,5201 Fulbnght & Jaworski. L.L.P. George SCotield ;10.22;.5575 i Jtk) Convene SL. Suue SMl 10.224.8336 San Antonio. Toms 78205 PL,a~~ First Southwest CompanF Robert E.P-Icrson 1-Ih) Pacilic Avenue 14.153 t02'1 ?!3.953-8199 Suite 500 Robcn Johnson 214-953.1055 214.933.8199 Dallas. Texas 75201 e4[i:.GS1Ew7' a0E4'7"S 'l)vvg,~ ~,ICCa11 Parkhiim & Horton • 711 N'Onh tarooud. 9h Floor Alan N, Rynor :1; -al-28ii0 214.953 p716 Dallas. Tavas -5201.638i 1'R 'N,r.SF. R Feiara[?,atlonai Monyoye John E, GAIR8hcr, lr. :02.752 As;ociouon n 1 2U2.152.379g • 39no wiscorain A,arue. SL IV Robin Miller :02•'52.51/: 202.152-3798 ti4'rrshington, D. C. .001u.'3`ID dendlsl ll;rir95 • as • Ti+rt•:1 '^c 10i.dJW L_T ',-NJTHWE?T ~:i), p F Federal Nauortal Mongage Oebbic i;chr Is.773.,061 214.770%iw .association 13455 Noel road, Suite uik) Dallas, Toms •524U PURC MASER'S CDUNSE1, Federal Nasioaal Hortgage Joseph Bicgel 202.712.7173 202.752-3370 Assocrauun 3900 Wisconsin Avonue. N, W Washingtnn, O.C. 10016.2899 i Chapman and Culler Steven L. Clark 312.845.3799 312.701.2361 111 West Monroe Street Mauhmv C. ROW 312.845.2951 312.701.2361 Chicago. 111 60603 Tam A, Goff 312.845.3909 312-701.2361 SERM5N1AD1N1,VjT M AI TOR Lumps Mortgage GSA Mary Ben :14.5894862 214.589.6870 36OU Harty Mats Blvd. Dallis, Tcuu 75235 S'ERY7CER/ADNINIST 4TOR OVVCI lonus Day Reava & Pogue Michael K. Ording 214.969.3151 .114-960-5100 2300 Tramme(I Croa C: nier H. Tica Horns 214.4X,9.2905 214.969-5100 2001 Ross Avenue Dallas, Tows 75201 TRLi.S'J6E To Be Dctentuned TRUSTEE'S COII,VSE To Bo Determined G!C PR0PUM Soci¢ta Generale Don Travis 212.218.6820 12.273.7620 • 12:1 Accnus of the Americas Floor Vprk, .NCJ%r erk 11)(0) Chambers. Dunhill. Rubin & Co. Da%id Rubin 2IU•273.9384 310.273-1767 • 977' Wilshire 81,1., Suite 800 ` • Beverly Hills, CA Sir I: L 'MM i 1 y a • _ w ?r+tl'_! IV21pf•I 1=T :,-t1TFAdES7 ,p. P. 10. 10 C,~'SH~WI'£RIFII'i7'I!- jury ~r'FyT t~ The Lacy Company Jem Lae} 6414 East Rocka kay Mils Dnse 602.483.1W 602.4$8,1212 Cave Crc¢k„Arizona 53331 ErY P Standard k Poor's Stcpben Toncor 23 Brottdsray, , Istnoor 1,1,209..8431 212-112.0395 New York.,Vcw York 10004 • dendtst L?bl;rs • • t i i i17~~ r~s nl r ; `{4 7, i},ya la .0l; , Art/CAA . 0 e> • RESOLUTION NO. l Z-o~ ,js' A AESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE APPLICATION OF THE HOUSING FINANCE CORPORATIONS ACT TO PROPERTY' WITHIN THE CITY; AUTHORIZING AND APPROVING OTHER MAT'T'ERS RELATING TO BONDS TO BE ISSUED BY THE DENTON COUNTY HOUSING FINANCE CORPORATION; AND REPEALING PRIOR RESOLUTIONS OR ORDERS IN CONFLICT HEREWITH, WHEREAS, the Denton County Housing Finance Corporation has been heretofore created as a joint housing finance corporation, in accordance w;' h the Texas Housing Finance Corporations Act, Local Government Code, Chapter 394 (the "Act"): WHEREAS, the Act requires that the City Council of the City of Denton, Texas (the "City") approve the application of the Act to property within the City before the proceeds of bonds issued pursuant to the Act may be used to finance home mortgages for homes located within the City; WHEREAS, it is also the intention of the City Council to hereby authorize and approve certain other matters relating to the issuance of bonds by the Denton County Housing Finance Corporation for the Calendar Year 1995; and WHEREAS, this meeting is open to the public as required by law, and public notice of the time, place and purpose of this meeting was given as required by Chapter 651, Government Code, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1, The findings and declarations contained in the recitals of this Resolution are incorporated herein as part of this Resolution. Section 2, The City Council hereby approves the application of the Act to the property within the City and grants its approval to the Denton County Housing Finance Corporation for the use of proceeds of its bonds issued in Calendar Year 1995 to finance home mortgagee for homes located within the City, Tho Mayor and any • other appropriate officer of the City are hereby authorized and directed to take any and all necessary actions in order to facilitate the issuance of such bonds. Section 3. All resolutions and orders, or parts thereof, in conflict with this Resolution are hereby repealed to the extent of auch conflict, • SAation 4, This Resolution shall take effect Immediately from and after • • its adoption. sea a ww~w • O • v r PASSED, APPROVED AND EFFECTIVE thia''7th 13~grS Mayor, ity o tttoa, ezaa ATTEST; city amm-twl • g r 1 • I_ w • MINUTES AND CERTIFICATION PERTAIN- TV-~j PASSAGE OF A RESOLUTION... STATE OF TEXAS g t COUNTY OF DENTON CITY OF DENTON ¢ On this the 7th dry of February, 1995, the City Council of the City of Denton, Texas (the "Governing B:)dy"), convened in a regular meeting at the regular meeting place thereof, the meeting being open to the public and notice of the meeting giving the date, place and subject thereof having, been posted as prescribed by Chapter 651, Government Code, as amended, and the roll was called of the duly constituted officers and members of the Governing Body, which are as follows, to-wit: Bob Castleberry Mayor Euline Brock Mayor Pro Tent Mark Chew Council Member Jerry Cott Council Member Jack Miller Council Member Harold Perry Council Member Margaret Smith Council Member and all of such persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other business, the following was transacted, to-rdt: A written resolution bearing the following caption was introduced: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE APPLICATION OF THE HOUSING FINANCE CORPORATIONS ACT TO PROPERTY WITHIN THE CITY; AUTHORIZING AND APPROVING OTHER MATTERS RELATING TO BONDS TO BE ISSUED BY THE DENTON COUNTY HOUSING FINANCE CORPORATION; AND REPEALING PRIOR RESOLUTIONS OR ORDERS IN CONFLICT HEREWITH. ;'he Resolution a full, true and correct copy of which to attached hereto, was { read and reviewed by the Governing Body. Upon motion duly made and seconded, the Resolution was finally passed and adopted by the following vote: AYES: _-NOES: ABSTENTIONS e 0 w d • w • iHd~, - The Presiding Officer then declared the Resolud d signed the same in the presence of the Governing Body "7'. 1:5 MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT and to correctly reflect the duly constituted officers and members of the Governing Body, and the attached and following copy of said Resolution is hereby certified to be a true and correct copy of an official copy thereof on file among the official records of the City of Denton, Texas, alt on this 7th day of February, 1985, Mayor City of Denton, Texas ATTEST: City Secretary [SEAL] • i 3 • r .2- • • s c~ . DENTON aoooaoaoo D ooo0 oo°~ 4 ° o°o o G ~ gyn. D d v OO %oooooowoco ooo s 0000 ° N, ~ 0000 e CITY COUNCIL No ° . • • rate CITY COUNCIL REP )RI FORM' 1'0: Mayor and Members of the City Council FROM Lloyd V. Harrell, City Manager DATE January 31, 1995 SUBJECT: Amendment to Golf Driving Range Contract RECQMMENDAIMN At their January 23,1995 meeting the Parks and Recreation Hoard recommended to amend the terms ofthe Golf Driving Range lease agreement to provide for quarterly payments to the City totaling $5,000 per year for three years ending in December 1997. SUMMARY: On December 21, 1993 the City Council approved a resolution authorizing a lease agreement with Walter Nusbaum to operate the golf driving range at North Lakes Park. The three year lease provided for an annual flat fee to be paid in quarterly installments to the City. Total fee for 1994 - $S,OW,W, 1995 $5,500,W and 19% _ $6,000,00. The proposed amendment provides for quarterly payments totaling $5,000 per year for three years ending in December 1997. Mr Nusbaum has provided an excellent service in the past year, investing considerable funds to make numerous improvements to the facility. His expertise of golf, attention to detail and customer service { are responsible for the steady increase in attendance over the last year. A total of 3, 763 citizens used the driving range last year, However, as Mr. Nusbaum indicated in his letter of October 3, 1994, revenues have not reached his original estimates and he requested that the terms of the lease agreement be reconsidered. Lower revenues were due, in part, to the competition of the golf driving range on Loop 288, which was under construction when this agreement was finalized. In October, Mr. Nusbaum projected his income at $14,000, when in fact actual revenue for 1994 was approximately $12,500. The Parks and Recreation Department is pleased with the improvements and operation that Mr. Nusbaum has developed, without which, this service would not be available to the public. Parks and Recreation Dei:artrnent staff consider this a reasonable request due to current circumstances. BACKGROUjU: The golf driving range at North Lakes Parks operated under City management until 1902 when it closed as a result of budget cuts. Budgeted in the Recreation Fund, the facility was unable to support itself through revenue. The Parks and Recreation Department issued Requests • for Proposals in 1993 for the operation of the driving range in an effort to keep the facility open to the public under private management. A lease agreement was spproved in December 1993 with • J Walter Nusbaum. • 0 • • Aanndp* I ff ApcttdLiteen Page 2 1JN1G__pG.. ~~ZDg,b Golf Driving Range Lease PROGRAMS. DUB' RLM LNTS OR GROUPS AFFECTED: Services to the public provided at the golf driving range will = be affected by this amendment. The Parks and Recreation Department will see a small loss in Recreation Fund revenue over the next two years. L'=A1,_[MPAC I : The General Fund revenue will not be affected. Revenue for the Golf Driving Range is deposited in a Recreation Fund revenue account. In FY 1994-95 there will be a reduction in revenue of $500, and in FY 1995.96 there will be a reduction in revenue of $1,000. A total of $ 1,500 over two years. RESPECTFUL,'LfY SUBMITTED: Lloyd V. ILarreN City Manager repared y: Janet impson Superintende Leisu ervices nt of Approved: Betty 4Mcca Executive Director Municipal Services/Economic Development P6.0,V 1111i1V.J 3 • m • BI\60Lf.NCB ~rl •w''NO.,r LULL 3 0$1,~, RESOLUTION NO, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GOLF DRIVING RANGE LEASE BETWEEN THE CITY OF DENTON AND WALTER NUSBAUM; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. ';hat the Mayor is authorized to execute a golf driving range lease between the City of Denton and Walter Nusbaum, which is attached hereto and made a part hereof. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY • BY; e ' • • • R • a yC GOLF DRIVING RANGE LEASE CONTRACT NORTH LAKES PARK, CITY OF DENTON THIS AGREEMENT made this day of , 1994, between the City of Denton, Texas, 215 E. McKinney, Denton, Texas (herein referred to as "City"), and Walter Nusbaum, 1016 Crescent, Denton, Texas (herein referred to as "Lessee"), WITNESSETH: WHEREAS, the City of Denton, acting through its Department of Parks and Recreation, has jurisdiction over the park and recreation areas and facilities of the City and desires to continue to provide a golf driving range operation at North Lakes Park, Denton, Texas, for the accommodation of the public, and Lessee desires to obtain permission to operate said services; NOW, THEREFORE, in consider- ation of the premises and the mutual covenants and agreements contained herein, the parties hereby agree as follows: r; 1. The City hereby grants to Lessee and Lessee hereby accepts from the City a lease to operate a golf driving range operation for the period herein stated and subject to all of the terms and conditions herein contained, the following described property: A portion of North Lakes Park in the City of Denton, Texas, designated on Exhibit "A", a copy of which is attached hereto and incorporated by reference herein. 2, This Lease shall commence on the 1j" day of Januarv, 1990 and shall terminate on the _)At day of Januarv, 199 7, unless sooner terminated as herein provided, or unless City by thirty (30) days notice in writing shall terminate the Lease, when, in its judgment, is is deemed that such termination is necessary by the operation of law, or pursuant to the terms of this Agreement, or it is deemed that the leased premises are required for other city purposes. i 3. Hours of Operation. The Lessee shall post the hours of operation of the Golf Driving Range in a conspicuous place in the leased area. The Lessee shall have the right to make written i application to the Director of Parks and Recreation for a change in the hours of operation of the Golf Driving Range, which, upon the approval of the Director of Parks and Recreation, shall become the temporary hours of cperation of the Golf Driviaq Range, The Director of Parks and Recreation reserves the right to revoke the ® contract of the Lessee if the Lessee does not adhere to the schedule of operations. Lessee agrees to operate such Lease for the accommodation of the public using the said facility during such seasons and such times and in such manner as the City may reasonably prescribe. • 6~ • • w s !-6 4. Rental. The Lessee agrees to pay to the City an annual flat fee payable in quarterly installments as follows: 1995 1996 1997 April $1,250.00 April $1,250.00 April $1,250.00 July 1,750.00 July 1,750.00 July 1,750.00 Oct. 1,250.00 Oct. 1,250.00 Oct. 1,250.00 Dec. __750. Dec. 750.00 Dec. 750.00 Total $5,000.00 Total $5,000.00 Total $5,000.00 Payments by the Lessee to the Director of Parks and Recreation shall be made to the order of the City of Denton, and delivered to the Parks and Recreation Department's official address. f 5. Accounts. The Lessee agrees to keep the books of account and records of all operations and to establish systems of bookkeep- ing and accounting in a manner satisfactory to the Director of Parks and Recreation, and to permit an inspection of said books and records by the Director of Parks and Recreation whenever such inspection is deemed necessary. t 6. Utilities. The cost of water, gas, electricity, and telephone service used in the operations will be paid by the Lessee. If no water, electric, or gas meters are installed, the amount of water, gas, and electricity may be estimated by the Director of Parks and Recreation, and the cost of such use will be paid by the Lessee, Should the Lessee neglect to pay any charges for electricity or other services supplied by the City when the same shall become due and payable, then the amount of said charges shall forthwith become a part of and be added to the Lease fee, and shall under all circumstances and conditions be consiaered and be collectible with the next Lease fee then due. Failure to pay shall result in termination of this contract. The Lessee may have a telephone installed for private use, at the Lessee0s own expense, and shall pay the monthly bill for same. • 7. Fixed Equipment. It is understood and agreed that the Lessee shall have the use of all fixed equipment now on the leased premises b>longi.ng to the City, listed on the schedule of fixed equipment on file in the office of the Parks and Recreation Department. The Lessee agrees to supply, maintain, and replace at the sole • cost and expense of the Lessee all expendable equipment such as the E7,-co cart and picker, office equipment, ball-cleaning machines and ' • • other equipment required for the proper operation of this license. Title to all equipment provided by the Lessee, except fixed equipment belonging to the city and listed on the schedule of fixed equipment, shall remain with the Lessee, and such equipment shall be removed by the Lessee at termination of this Lease except as PAGE 2 • o • 0 • hereinafter provided in clause "Violations." Should any such property remain in demised premises after such expiration or termination, the Director of Parks and Recreation may deal with such goods as though same had been abandoned and charge all cost and expense incurred in the removal thereof to the Lessee. The Lessee's obligation to observe and perform all of the terms and covenants of this Lease shall survive the expiration or other termination thereof. Should the Director of Parks and Recreation determine that any equipment installed by the Lessee, not appearing on the schedule of equipment belonging to the City, may be removed without injury or damage, the Lessee shall remove such equipment and deal therewith as Lessee's own personal property. e. Maintenance of Fagility or Overation. and Imorrivements to Leased Premises. The Lessee, with the knowledge of the Director of Parks and Recreation, may install future structures, buildings and equipment deemed necessary for the proper operation sf this Lease, and shall be responsible for full payment for same, and shall maintain all structures, buildings and equipment, fixed and expendable, in good order and repair at the Lessee's sole cost and expense during the term of the Lease. Plans and specifications for all additional and fixed structures, building and equipment shall be submitted to the Director of Parks and Recreation for approval before being placed, built, delivered to or installed in the leased premises, and the building or installation shall be subject to inspection and approval by the Director of Parks and Recreation. Title to all fixed structures, buildings or equipment shall vest in the city immediately upon its being built or brought into the leased premises. Bills of sale or other evidence of purchase shall be delivered to the City within ninety (90) days after construction or delivery as hereinabove mentioned, and the schedule of fixed structures, buildings or equipment shall also list and include the exact construction or articles which have become the property of the city during the term of this Lease. The Lessee, at the sole cost and expense of the Lessee, shall maintain that portion of the North Lakes Park assigned to Lessee in full and complete repair to the satisfaction of the Director of Parks and Recreation during the term of this Lease. The North Lakes Driving Range area or the North Lakes Park, together with all structures, buildings, and equipment, shall be ® returned to said City in good order, condition, and repair. 0 • 9. The Lessee shall keep the entire North Lakes Driving Range facility and the surrounding area for a distance of fifteen (15) feet clean and neat at all times. Mowing and ground maintenance will be the responsibility of the city. Removal of refuse shall be the responsibility of the Lessee, who shall see that refuse pickups PAGE 3 O • Q • L 7 are made as often as required without accumulation. lo. gp rchandisg for Sale. The Lessee shall post, in a conspicuous place inside the concession area, a price list of all articles offered for sale. This price list shall be submitted to the Director of Parks and Recreation each season before the beginning of operation, with a schedule of articles to be offered for sale, only as such articles and at such prices above cost have been approved by the Director of Parks and Recreation. Such prices may be changed from time to time by agreement by the parties hereto. The schedule of prices approved by the Director of Parks and Recreation shall be printed, framed, and displayed at the expense of the Lessee. 11. Personnel. The Lessee will personally operate said Lease or employ such personnel satisfactory to the Director of Parks and Recreation, and the Lessee agrees to replace said personnel or any employee, whenever demanded by the Director of Parks and Recre- ation, upon due cause being shown. The Lessee agrees to have a sufficient number of personnel on duty at such leased areas for the proper operation of this Lease. Lessee must comply with all State and federal regulatio:;s, includi:,g the Americans with Disabilities Act, and must practice Affirmative Action in compliance with the City of Denton's policies. 12. Permits. The Lessee shall procure, at its own cost and ex,>ense, all permits or licenses necessary for the legal operation of this Lease. 13. Lease. It is expressly understood and agreed that during the term of the Lease, the Lessee shall have the use of the leased premises except as herein provided; and the Lessee has the right to occupy the space assigned to it, and to operate by the Lease hereby granted to it, and to continue in the possession thereof, only so long as each and every provision and condition herein contained is properly complied with. s' • 14. Assignability. The Lessee shall not sell, mortgage, rent, assign or parcel out the Lease granted, or any interest therein, or allow or permit. any other person or party to use or occupy any part of the premises, building, or space covered by this Lease for any purpose whatsoever without first obtaining the written consent of the Director of Parks and Recreation, nor shall the Lease be transferred by operation of law, it being the purpose and spirit of ® this instrument to grant this Lease and privilege personally and solely to the Lessee herein named. • O 15, dA vertisinq. The Lessee agrees not to employ callers, criers, or use signs or any other means of soliciting business without the approval of the Director of Parks and Recreation, and agrees not to advertise said Lease in any manner or form on or PAGE 4 • O 0 • (t D_':41 about the premises leased to it, or elsewhere, or in any ne sp~perr or otherwise, without such approval. 16. Alterations. Any such repairs, alterations, decorations, additions, or improvements shall be made at the sole cost and expense of the Lessee, and shall become the property of the City immediately upon their annexation to the demised premises. 17. Damages to _re s s. If buildings or structure3 are damaged in any way whatsoever by reason of any act or omission of the Lessee or its employees, then the Lessee shall repair, at its own cost and expense, the wilding or structure so damaged. upon the failure of the Lessee to make such repairs, the Director of Parks and Recreation may repair such damage at the cost and expense s of the Lessee. 18. Inspec o . The Lessee agrees that at all times, free access will be given to representatives of the Director of Parks t and Recreation, the Department of Health, and other city, county, state, or federal officials having jurisdiction for inspection purposes. The Lessee further agrees that if notified by the Director of Parks and Recreation, or his representatives, that any part of the leased premises or the facilities thereof is unsatis- factory, the Lessee will remedy the same at once. 19. Waiver of Damage. The Lessee hereby expressly waives any and all claims for compensation for any and all loss or damage sustained by reason of any defects, deficiency or impairment of the electrical apparatus or wire furnished for the leased premises, or by reason of any loss of any gas supply, water supply, heat or current which may occur from time to time from any cause, or for any low.; resulting from fire, water, tornad., explosion, civil cr,mmotion or riot, or any act of God, and the Lessee hereby expressly releases and discharges the City, its agents, officers, and employees from any of the causes aforesaid and agrees to hold them harmless therefor, including attorney fee if any. 20. Public Interference. The Lessee hereby expressly waives • any and all claims for compensation for any and all damage or loss sustained by reason of any interference by any public official or agency, in the operation of this Lease. 21. Risk o ~perati. The Lessee assumes all risks of operation of the North Lakes Driving Range and agrees to comply with all federal, state, and local laws and regulations and orders ® of the City of Denton affecting the leased premises in regard to all matters. • • The Lessee expressly agrees to hold the City, its agents, officers and employees harmless from any and all claims arising out of any violation of any law, rule, regulation, or order, and from any and all claims for lose, damage, or injury to persons or PAGE 5 • 4 • • ~ r91 property of whatever kind or nature arising from the operation of this Lease, whether the same are caused by the sole negligence of the Lessee or the joint negligence of the City and the Lessee, and the Lessee expressly agrees to indemnify the city, its agents, officers and employees to the extent of any recoveries aaainct them individually or jointly arising from same. 22. Insurance. All insurance policies obtained shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Lease, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions declared in the submitted proposal shall be met. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: 1) Name as additional insured the City of Denton, its officials, agents, employees and volunteers. 2) That such insurance is primary to any other insurance available to the additional insured with respect to claims covered ender the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not, operate to increase the inev.rer's • limit of liability. All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non-renewal or reduction in coverage. Should any of the required insurance :-)e provided under a • claims-made form, Lessee shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the j contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. PAGE 6 • 0 • G) ib cf~16 Should any of the required insurance 1je provided under a form of coverage that includes a general annual aggregate r limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain owners and Contractors Protective Liability insur- ance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse ` shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the ,lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Lease shall additionally comply with the following marked specifications, and shall ba maintained in compliance with these additional specifications throughout the duration of the Contract, or long~L, if so noted: A. elepe4,.01 I ility Insurance. General. Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Lessee. The policy shall be written on an occurrence basis either in a single policy or in a combina- tion of underlying and umbrella or P.xcess policies. If the Commercial General Liability form (ISO Form CG 0001 Current 4uition) is used: Coverage A shall include premises, operations, products and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: A Bodily injury and Property Damaga Liability for premises, • • operations, prcducts and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) export.-es. j Broad form contractual liability (preferably by endorsement) PAGE 7 • r a covering this contract, personal injury liability and broad form property damage liability. 8. Automobile Liability Invurance. Comprehensive or business Automobile Liability insurance shall be provided by the Lessee with limits of not less than $500,000 per occurrence either in a single policy or in a combination of underlying and umbrella or excess polices. T'iis policy will include bodily injury and property damage liabi".ity arising out of operation, maintenance or use of any auto, i.icluding owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) C. Workers ~amneneation Insuranrg. Contractor shall purchase and maintain worker's Compensation, insurance which, in addition to t meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. 23. Violations. Should the Lessee breach or fail to comply with any of the provisions of this agreement, or federal, state, or local laws or any rule, regulation or order of the Department of Parks and Recreation affecting the Lease or the leased premises in regard to any and all matters, the Director of Parks and Recreation may, in writing, order the Lessee to remedy such breach or Lo comply with such provisions, laws, rules, regulations, rr order, and in the event that the Lessee fails to comply with sucn written order within forty-eight (48) hoi,rs from the receipt thereof, then this Lease shall immediately terminate and end ar though it were the time provided for the termination thereof. If said breach or failure to comply is corrected, and a second or repeated violation of the same rule, provision, law, regulation or order follows thereafter, the Director of Parks and Recreation by notice in writing may revoke or terminate this Lease, such revocation and termination to immediately become effective on the mailing thereof, • the Lease to terminate as though it were the time provided for the termination thereof. Should the Lessee be convicted of a crime related to or affecting the operation of the Golf Driving Range, the Director of Parks and Recreation may terminate this Lease by notice in writing immediately effective on mailing, the Lease to terminate as though 0 it were the time provided for the termination thereof. • Should the Director of Parks and Recreation, in his/her sole judgement, decide that the Lessee is not operating the Lease herein granted in a satisfactory manner, then the Director of Parks and Recreation may terminate this Lease by notice in writing immediate- PAGE 8 • o • f.~ • cO ly effective on mailing, the Lease to terminate as though it were the time provided above for the termination thereof. In the event the Lease terminates as aforesaid, or for any reason whatsoever as elsewhere provided in this Lease, all rights of the Lessee therein shall be forfeited without any claims for damage, compensation, refund of its investment, if any, or any other payment whatsoever against the Director of Parks and Recreation or the City. In the event this Lease terminates as aforesaid, any property of Lessee within said Lease area may be held and used by the City in order to operate said Lease during the balance of the calendar year and may be held and used thereafter until all indebtedness of Lessee hereunder at any time of termination of this license is paid in full. 24. Lodge. Where provision is made herein for notice to be given in writing, the same may be given by mailing a copy of such notice to the Lessee by registered mail, addressed to the address hereinabove or any such other address as shall be filed with the Director of Parks and Recreation, or by delivering a copy of said notice to the Lessee or any other person in charge of the leased premises. 25. Surrender. The Lessee, at the expiration or sooner termination of this Lease, shall quit and surrender the leased premises and all. property listed on the schedule of fixed equipment v on file at the office of the Department of Parks and Recreation, belonging to the City in as good condition as when taking posse.- lion thereof, reasonable wear and tear and damage by the elements expected. The Lessee shall be held responsible for all fixed equipment listed on the aforesaid schedule of fixed equipment belonging to the City and shall surrender the quantities listed on said schedule of fixed equipment which belongs to the City and which should be at the leased premises ny virtue of the premises of this Lease. I 26, security Deposit. The Lessee shall provide the City with I a security deposit in the amount of Five Hundred Dollars ($500), • prior to the opening of the Golf Driving Range to the Public. 27. Relief. The lessee may, in the discretion of the Director of Parks and Recreation, be _-nlieved in whole or in part of any or all obligations of this agreement for such stated periods of time as the Director of Parks and Recreation may deem proper upon written application showing circumstances beyond the Lessee's A control warranting such relief. • 28. Wherever the term "Director" is used in this agreement, it shall also be construed to include the City Manager and the Executive Director of Municipal Services/Economic Development, or any other assigned agents as the Director of Parks and Recreation PAGE 9 • O • ~3~ Ib deems necessary. IN WITNESS WHEREOF, the parties hereto have executed this [ease this day of 19 CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: ~Jc x elf e ATTEST: Walter Nusbaum, Lessee: BY: BY: • • E i \WPDOCH\K\(Mr.PM • • PAGE 10 ! 4 s a t ~41 • e 3. Hours of Onerado The Lessee shall post the hours of operation of the Golf Driving Range in a conspicuous plate in the leased area. The Lessee shall have the right to make written application to the Director of Parks and Recreation for a change in the hours of operation of the Golf Driving Runge, which, upon the approval of the Director, shall become the temporary hours of operation of the Golf Driving Range. The Director reserves the right to revoke the contract of the Lessee if the Lessee does not adhere to the schedule of operations. ' Lessee agrees to operate such Lease for the accommodation of the public using the said facility during such seasons and such times and in such manner as the City may reasonably prescribe. 4. Rental The Lessee agrees to pay to the City an annual flat fee payable in quarterly installments as follows: April, 1994 $1,250,00 April, 1995 $1.350.00 April, 19% 51,450.00 July, 1994 51,750.00 July, 1995 $1.90000 July, 1996 $2,050 00 I Oct„ 1994 $1,250.00 Oct,, 1995 51,400.00 Oct., 19% $1,550.00 Dec., 1994 S 750.00 Dec., 1995 $ $50.00 Dec., 1996 S 950, Total 1994 551000.00 Total 1995 $$,500.00 Total 19% $6,000.00 • Payments by the Lessor to the Director of Parks and Recreation shall be made to the order of C6, of Denton and delivered to the Department's official address. 5. Accounts The Lessee agrees to keep the books of account and records of all operations • and to establish systems of bookkeeping and accounting in a manner satisfactory to th• Director • s PAGE 2 of 15 EXCERPT FROM ORIGINAL LEASE AGREEMENT RESOLUTION R93-0819 APPROVED DECEMBER 21, 1993 • d • ►'f irt., `':y.• '`}~sa.,, p' ITT{fi IC `i T.. "R~ ! lR 0 t Ij DO t Jtu i l S Dear Ricb, With the close of the third quarter at North Lakes Golf Range, total revenuas fou the first eight monthp of operations were =11,80o.00. Estimated income for the remaining three months is ;2,200.00, for a total first year's income of about 314,00:,.00. 'Without o the year of detail about on $20000.00, or the a rlose in l tneYrow an income for same amount, depending nn what may be expensed and/or amortized for income tax purposes. While I remain optimistic, I would appreciate a reassessment of lease payments to the City of Denton for the next two vicesthenamely 3500.00 continuance and 1 41,01,00.00 increase o for ayears twoOandOthree, respeotivsly. Many thanks to everyone on your staff who were involved with the range for their professional assistance and kind cooperation, especially Bob, Janet, Kathy and Curt. Best regards, rta '-aXes Goof gange • i Y 0 i` ' r V.? F, ~ 5 Y1 `~i `Y°I lf,~vtb .#lja~4 • 0 0 J Parks and Recreation Advisory Board Minutes .,2 J C January 23, 1995 X Pagel tb ~1! V. ACTION ITEMS: 1. Amend the Golf Driving Range Contract Janet Simpson, Superintendent of L.-isure Services reported that as the Park Board discussed in their meeting in November Walter Nusbaum leases the Golf Driving Range at North Lakes and has requested his lease be revised. His projatied revenues are down significantly due to the opening of the golf driving range on Loop 288, a small executive course in Lewisville and several other dtiving ranges that have opened in his market area. In October, he expected his revenue for the first y(ar to be around $14,000 and it was actually around $12,000. He has a three year contract with the City, and in the first year he paid the City $5,000, second year would be $5,500 and third year would be $6,000. His request is to lower the second and third year annual fee to $5,000 each. So over a three year period it would be a reduction of $1,500 and that would be a loss of revenue from our recreation fund. It's something staff has projected can be absorbed. Mr. Nusbaum is providing an excellent service, he does an excellent job on customer service. He's made a tremendous amount of improvements to the facility. Neta Stallings, motioned Burkley Harkless seconded to approve the amendment to the Golf Driving Range contract. Motion carried unamiously, 2, Amend Youth Sports Standards to Change Youth Baseball and Softball Season of Operation. Bob Tickner, Superintendent of Parks, reported that there has been a request by the members of the Denton Youth Sports Association running into problems completing their season in lime so that they can qualify teams to get into the National Tournament in July. The leagues are finding that there are not enough days to get the number of games in that are required due to the growth in the program due to an increase in the number of teams and number of games that have been added. Basically, the biggest issue that we have always had with baseball was the fact that we want to encourage children with di@erent sports to give them a well rounded background. We didn't want • to see two of our co-sponsored programs competing head to head for these kids and basically sayinFr T you play one sport you can't play the other. The present standard had been set up 1:) bstrict baseball from functioning during the month of April when soccer was in progress. Soccer starts in February due to the growth in that program, After meeting with the leagues, it was recommended that soccer games would be on Tuesdays, Thursdays and Saturdays and baseball would schedule games on Monday, 0 Wednesday and Fridays and after 6:00 p.m. on Saturdays during the month of April, • O EXCERPT FRONI PARK AND RECREATION BOARD MINUTES • o 0 r.> 0 - .CITY-- --.COUNCI T:OTH a c ID o a • N ~iuary 7 , 1995 r CITY COUNCIL L618 AGENDA ITEM f erJ1 y _o TOi MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Lloyd V. Harrell, City Manager 3UBJECTs APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD) FOR THE REPAIR AND MAINTENANCE OF UTRWD FACILITIES RECOMMENDATION: The Utilities Department recommends approval of the contract. E SUMMARY: The agreement provides that Denton will provide preventative, predictive, corrective and investigative repair and maintenance services for the UTRWD on the Phase IA pipeline. Denton will be reimbursed for its labor, equipment and material cost to perform this contract. Administrative costs will not be reimbursed. The term of the contact is one year. It will be extended } in one year increments unless terminated by either party. BACXGROUNDi The City of Denton and the UTRWD have entered into a contract for the sale of treated water and the joint participation in the construction of a water transmission main (phase IA). The Phase IA pipeline extends from Lillian Miller at I-35E to the facilities of the Argyle and Bartonville Water Supply Corporations, The transmission line was completed in 1999, The UTRWD has been purchasing treated water since June 1999. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDi The City of Denton and the Upper Trinity Regional Water District 0 FISCAL IMPACT: The fiscal impact is estimated to be minimal. ULLY SUB Lloy V, Harrell, City Manager • 6ts • A~urGw!i7r~ Prepared by: 2 r Gerald P. Co grove, P. E. Engineering Administrator Approved by: Robert E. Nelson, P.E. Executive Director for Utilities Exhibit I Location Map II Agreement s ' i I • , r • LOCATION - - / CONNECTION T0 ExiSnNO CITY NE arr OF DENTON WATER R LINE MAP L \ e -i L~ - N'- .27' CIA --7 PIPELINE 7r 16' PEA L 20° CIA ..I STUB-Wr ~ PIPEUNC 18 PEA. - STUB-WI T u 18" CIA RPCUNE \ f ~ SEUB-WT 1 IIII 2A CIA. j 4 - PIPEL~ I IS' CIA V f TAKE-OFF 10 \ E4 ARGYLE WSC w w 1 , l.. ~ ~ r17 'y1 . IARGSiF.~ \ f a,' ( y 2T CIA PCEIINE { 1 r,a.. Ma MM~ 1 27' CIA. j _ - 5TlIB-OJT ~+re Ma hw . IS" CIA. \ TARE-OFF TO I amtONMLLE - I BARTONNLLE i wsc f s' kXFIiWT i p i- W • u X14 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR T.;E REPAIR AND MAINTENANCE OF UPPER TRINITY REGIONAL WATER DISTRICT PACILITIES, AND PROVIDINJ FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENT017 HEREBY RESOLVES: &U,TION I. That the Mayor is hereby authorized to execute an Agreement Between the City of Denton and the Upper Trinity Regional Water District for the Repair and Maintenance of Upper Trinity Regional Water District Facilities, a copy of which is attached hereto and incorporated by reference herein. ,$j;~CTION~~ That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, YOR 4 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: { i APPROVED AS TO LEGAL FORM: J MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: b C 4 J - J_ • c,. • S AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY P,EGIONAL WATER DISTRICT FOR THE REPAIR AND MAINTENANCE OF UPPER TRINITY REGIONAL WATER DISTRICT FACILITIES This Agreement is made by and between the Upper Trinity t Regional Water District (the "District"), a conservation and reclamation district created pursuant to Article XVI, Section 59 of the constitution of the State of Texas, and the City of Denton ("Denton"), a municipal corporation of the State of Texas. RECITALS WHEREAS, District desires to obtain Denton's services in the repair and maintenance of facilities known as Phase IA Pipeline by compensating Denton on a time and material basis having regard for the conditions under which such services are provided; WHEREAS, District does not desire to compensate Denton for operating and administrative overhead other than employee fringe benefits; and WHEREAS, Denton des'res to provide said services without in- creasing Denton's resources or compromising Denton's system. NOW, THEREFORE, in consideration of the performance of the • mutual covenants and promises herein expressed, it is agreed by and between the District and Denton as follows; • AGREEMENT • • REPAIR AND MAINTSNANCR SERVICES TO BE PROVIDE 1.1. Denton shall provide preventative, predictive, corrective and investigative repair and maintenance services to the District for the Phase IA Pipeline. Said services shall not include and EXHIBIT 11 WW- a • r 'o y, ..~.0 Denton shall not be obligated to provide grounds maintenance, land- scaping, engineering or administrative services. Denton shall pro- vide repair and maintenance services only upon a proper request by the District. 1.2. Denton reserves the right to deny any request for ser- vices except in the case of an Emergency. An "Emergency" shall be a situation in which the Phase IA Pipeline system fails or which will result in the imminent- failure of the Phase IA Pipeline. District understands and acknowledges that Denton's ability to respond to any Emergency request is dependent upon the condition and ongoing demands in Denton's system at the time of the request. Denton shall not be obligated to provide Emergency services to Dis- trict when Denton's system has need for emergency service until such time as Denton's system is stabilized and fully operational. In such event, Denton shall make reasonable efforts to stabilizd s Denton's system, making it fully operational, and then provide Emergency services to District. 1.3. District's Customer Advisory council shall prepare a menu of probable maintenance needs. Denton shall be prepared to perform or assist with such maintenance needs properly requested 'r.y • District. WRITTEN REQUESTS REQUIRED 2.1. District shall notify Dentci, in writing of all requests d for service. Request for Emergency service may be initlated ver- bally and shall be confirmed in writing within (24) twenty-four hours after a verbal request is made. PAGE 2 • • 7 o' I 2.2. Request for service shall be submitted to: Director of Water Engineering and Operations 901 A Texas Street Denton, Texas 76201 Request for emergency service may be initiated by calling either: Director of Water Engineering and operations (817) 383-7194 during normal working hours, 8:00 AM to 5:00 PM, Monday thru Friday or: Emergency Services Dispatch (817) 566-8400 during nights, evenings, weekends and holidays, I` COMPENSATION 3.1. The District shall pay Denton its Cost of Labor, Cost of Equipment and Cost of Material for services provided to District. If District requests specifically scheduled services and Denton is not allowed flexible scheduling of said services, District shall pay Denton an additional 10V of the Cost of Labor, Cost of Equip- ment and Cost of Material. In the event Denton provides Emergency services resulting from system failure or damage and not the result of poor scheduling, District shall pay Denton only the Cost of Labor, Cost of Equipment and Cost of Materials, 3.2. Denton's Cost of Labor shall be computed based upon hours ® actually spent in the performance of services pursuant to this • • Agreement. Cost of Labor shall include the Total Base Hourly Pay and Total Overtime Hourly Pay of those Denton employees actually involved in the performance of this Agreement. Cost of Labor shall PAGE 3 • 0 • sa e ~In l G ' ~C ~ also include an amount to compensate for fringe benefits of those employees actually involved in the performance of this Agreement. This fringe benefit amount shall be computed based upon a multipli- er of 44.894 for Total Base Hourly Pay and a multiplier of 19,814 for Total Overtime Hourly Pay, Attached hereto and incorporated herein as Fxhibit "All is Denton's current job classifications and salary ranges and a schedule reflecting the computation of the multiplier used for fringe benefits. Following is a formula summarizing the computation of Cost of Labor. Total Base Each employee's x Hours spent by each employee in Hourly Pay base hourly rate performance of Agreement that does not result in the employee working overtime Total = One and one-half x Hours spent by each employee in overtime of each employee's performance of Agreement that Hourly Pay base hourly rate results in the employee working overtime Cost of (Total Br.se Hourly Pay) + 0.4489 x (Total Base Hourly Labor Pay) + (Total overtime Hourly Pay) + 0.1981 x (Total overtime Hourly Pay) 3.3, Cost of Equipment shall include the cost of equipment owned by Denton at a rate of $25.00 per hour for each three man • crew or part thereof performing services pursuant to this Agree- ment. Cost of Equipment, shall also include all rental costs for leased equipment including delivery and pickup charges. Cost of Equipment shall not include any costs for equipment provided by 8 • • District. 3.4. Costs of Materials shall be the actual costs of the materials delivered to the job site, plus an additional 104 for PAGE 4 • t1 • w • handling. Costs of Materials shall not include materials handled and provided by the Dict-rict. BILLING AND pAyMM" 4,1. Denton shall submit a monthly statement to District for the services provided and the District shall pay the statement within thirty days of the date of mailing. 4.2. If the District disputes the amount of any statement, it shall still pay the statement. If the parties agree or a court decides that the District was incorrectly charged, Denton shall credit that amount to the District on the next monthly statement or statements or refund the amount overcharged. TERM 5.1, The term of this Agreement shall be one year beginning on the effective date rioted hereinafter. This Agreement shall continue in one year increments unless District or Denton terminate the Agreement as provided in Paragraph 5,2 below, 5.2. Either party may terminate this Agreement at any time without cause by giving thirty (30) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give • the defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of i the date notice of default is sent, the other party may declare the e Agreement terminated. • PAGE 5 • h • • fU~~ ly WAIVER OF WARRANTIES 6,1. Denton will perform all services in accordance with applicable industry standards, AWWA standards and governing laws and regulations, 6.2, EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPH 6.1 OF THIS AGREEMENT, DENTON MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS AND IMPLIED REGARDING ANY AND Ai.L SERVICES PROVIDED BY DENTON. DISTRICT UNDERSTANDS AND ACKNOWLEDGES THAT DENTON MAKES NO WARRANTIES EXPRESS OR IMPLIED REGARDING THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT EXCEPT THOSE EXPRESSLY SET FORTH IN PARAGRAPH 6.1-. INDEMNIFICATION 7,1. The District agrees to hold harmless, defend, and indem- i nify Denton, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys fees for injury to or death of any j person, or for damage to any property arising out of or in connection with the services provided pursuant to this Agreement, NISCELLANEOUS • 8.1, Any notice required under this Agreement shall be in writing and sent by certified mail, return receipt requested, postage prepaid and addressed as follows; o • • PAGE 6 • • n , ~ i ~ 1 . jl yS . ( Notice to Denton: Notice to the District; Executive Director of Utilities Executive Director Utilities Administration Upper Trinity Regional Water 215 E. McKinney Street District Denton, Tx 76201 P.O. Drawer 305 396 W. Main, Suite #102 Lewisville, Tx 75067 8.2, The failure of either party to rxercise any right of termination or their failure to seek en£orce+uerit or performance of any provision at any time, shall not be construed to be a waiver of the performance of any provision, or the waiver of the riynt of i either party to exercise its right of termination, or to seek enforcement or performance of any provision of this Agreement. } 8,3. The termination of this Agreement shall not release the District from its obligation to make payments for services rendered under this Agreement prior to the date of termination, 8.4. If by reason of "force majeure", either party is unable to perform any obligation of this Agreement, it shall give notice of the force majeure to the other party in writing within tea days of the occurrence relied upon. The obligation of the party giving the notice, to the extent and for the period of time affected by the force majeure, shall be suspended. The party giving notice • shall endeavor to remove or overcome the inability with all reason- able effort. In no case, however, shall the District's obligation to make payments to Denton for services already provided be suspended. d • • 8,5. "Force Majeure" shall mean acts of God, landslides, lightning, earthquakes, hurricanes, storms, floods, or other natural occurrences, strikes, lockouts, insurrections, riots, wars, PAGE 7 • 0 • p • J L17 ,.LL.F(.,~I~~G . " or other civil or industrial disturbances; orders of any kind of the Federal or State government or of any civil or military authority; explosions, fireel or any other cause not reasonably within the control of the party claiming the disability. 8.6. The Agreement is made and shall be subject to the laws of the United States and the State of Texas and all applicable regula- tions or rules of any regulatory authority having jurisdiction of the subject matter of this Agreement. 8.7. If any provision of this Agreement is by any court held to be illegal or in conflict with any law or regulation, the validity of the remaining provisions of this Agreement shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the par- ticular provision held to be invalid. 8.8. Neither party shall aijign nor transfer in whole or in part the rights ana privileges granted in this Agreement without fret obtaining the written consent of the other. 8.9, This Agreement embodies the whole agreement of the pa :ties. There are no promises, terms, conditions, or obligations i ` other than those contained herein. This Agreement shall supersede } all previous communications, representations, or agreements, either verbal or written, between the parties, and all modifications of i this Agreement shall be in writing and approved by both parties. e 8.10. All headings in this Agreement are used for convenience • • J only and are not intended to define or to limit the scope of any provision. PAGE 8 0 O • C 7b'c~r~j The Effective Date of this Agreement is the day of BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: , -2 N ~ % UPPER TRINITY REGIONAL WATER DISTRICT BY: PRESIDENT BOARD OF DIRECTORS ATTEST: SECRETARY, BOARD OF DIRECTORS APPROVED AS TO LEGAL FORMr ATTORNEY FOR THE DISTRICT E.NWPDpCS\K\WATSRL IN, VC I • • O PAGE 9 1 • r I I r r ~ • 4u • Ja, ~ndaNo~ 04 ~u-~ rte EXHIBIT "A" CLASSIFICATION ENTRY MIDPOINT TOP Foreman $13,78 $17.22 $20.67 Crew Leader 8.76 10.95 13,13 Water. Meter 8,76 10.95 13.13 Mechanic II Utility 7,82 9.77 11.73 Technician I Water Meter 7,82 9.77 11,73 Mechanic I Maintenance 6,23 7,79 9,35 Worker The fringf benefits multiplier is based upon: &j:, .L U,ar Tj mg Over Time Longevity Pay 1.32% FICA 7.65% 7165% TMRS 7.79% 7.79% Worker's Compensation 4.37% 4.37% Health insurance 10,30 Life Insurance 0.32% Vacation 5.77% Holidays 3.40 Sick Leave 3.854 - T?TKL PRINOX BMMFITS 44#89% 19.01% • • ~ , 3F11~.`'V;?j f~1f i(.~ii ~'~f ~~11r1i~'~;:111~,~~.i. i w 0 r DENTON ona°p°°°°°~oo ~~Y oooc~ o n 000 44 0 o r a p t dd ~ 000 ~ ~ ~ ODO 0000 r o H e O~~O °aaaa~oanoo a CITY COUNCIL 0 0 r a y • 1 arcs .:?~.,,.i• Ap&N Date I ~ Z • CITY of DENTON, TEXAS MUN10PAL BU1LD1NO / DENTON, TEXAS 7620f / TELEPHONE (817) 688.8m09 office of the city Secrefery MEMORANDUM DATE: February 2, 1995 TO: Mayor and Members of the City Cou,•1il FROM: Jennifer Walters, City Secr.eta~y SUBJECT: Board/Commission Appointments The following is a list of the vacancies for the Tity's Boards/Commissions: Charlye Heggins has resigned from the Keep Denton Beautiful Board. This is a nomination for Council Member Chew. If you need any further information, please let me know, i 1 Je r Wa ere cf y Secret ACCOOOF4 • y r r~ ~7~ f}t t L r St . • • qr, ~r; p:;; lnrn„ 1419 Noble Denton, Texas 76201 January 25, 1995 Keep Denton Beautiful P.O. Box 374 Denton, Texas 76202 Dear Board of Directors: It is with much regret that I resign my position cn the Keep Denton Beautiful Board, Job complications necessite that I withdraw from extra activities at least for the foreseeable future. I have thoroughly enjoyed my association with the Keep Denton Beautiful Board and am particularly sorry to give up my position. Best wishes to all of you. Sincerely yours, CXd-t4o- r Charlye ifeggins • J a4' . r j..,'~t.~ ~t ]C f si '14yf • O c MCITY N C I =COU I y -r t A t i i R { er e~~4j A F 4 ~ rv r ~ M • ~ ~ 00~~ t f° , • 0 ~ Q • w • DATFF~~AO,' CITY COUNCIL REPORT We TO: Mayor and Members of the City Council CI S FROM: Lloyd V. Harrell, City Manager SUBJECT: APPOINTMENT OF JUVENILE CRIME INTERAGENCY COALITION MEMBERS RECOMMENDATION: Staff recommends that the City Council begin the process of appointing Juvenile Crime Interagency Coalition members, SUMMARY: On January 17, 1996, the City Council approved a resolution creating a Juvenile Crime Interagency Coalition (see attachment A). The City Council also directed staff to Invite all the members who served on the Juvenile Diversion Task Force to serve as members of the Coalition, As a result, we have begun contacting the individual members that served on the Task Force to determine whether or not they would be interested in also serving as members of the Coalition. The individuals identified In Attachment B have agreed to serve as members of the Coalition. In addition, if an Individual indicated that they would not be willing to serve on the Coalition, we contacted the organization they represented and requested that the agency provide the name of another Individual to represent them. The name of the individuals that we have received to date are also listed on Attachment B. We are still waiting for a few organizations to provide us with the name of their representatives (I.e., Denton Chamber of Commr.rce, Concerned Parents Organization, LULAC, Denton County Bar Association, and three DISD Student Body Membersl. Of the twenty-three 123) members that will be represented on the Coalition, the City Council would have to select three directly, These members are as follows: two (2) at large representatives and one (1 ) representative for the local civic groups. In addition, the City Council Is responsible for selecting the Chairman of the Coalition. It is our intent to continue to place this item on your agenda until all the Coalition members are approved and the chairman is selected, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Municipal Judge, Legal Department, Police Department and the Municipal Court Clerk's office will be affected by the activities of the Juvenile Crime Interagency Coalition. These areas will have representatives serving on the Coalition and they -.vill be impacted by its recommendations. FISCAL IMPACT: None • Respec Ily submitted; 1 `Cry Lloyd V. Harrell City Manager Submitted by: i) • Harlan L. Jefferson/ KI • • Director of Fiscal (Y er ions ✓ Approved by: Kathy DuBose Executive Director of Finance AFFooccr - i • E:\NPDOCS\RM CA INS. COL 7 ATTACIIMU4T A !I}~il,,.,IIO J t 2 a~5 RESOLUTION NO, A RESOLUTION CREATING THE JUVENILE CRIME INTERAGENCY COALITION TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL RELATING TO THE NEED FOR ADDITIONAL COORDINATION AND RESOURCES TO BE CON- TRIBUTED TOWARD THE REHABILITATION OF JUVENILP OFFENDERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has assumed jurisdiction over juv- enile offenders committing certain offenses; and WHEREAS, the City Council created a Juvenile Diversion Task Force in order to explore options in the development of a juvenile justice program containing a variety of alternative methods to provide effective rehabilitative enforcement and judicial tools for juvenile offenders; and WHEREAS, the City Council of the City of Denton desires to ` implement the recommendation of the Task Force that a Juvenile Crime Interagency Coalition be created; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council hereby establishes a Juven- ile Crime Interagency Coalition. SECTION YI. (a) That the Juvenile Crime Interagency Coalition shall promote understanding, shall facilitate coordina- tion and cooperation among-agencies Involved with issues relating to juveniles and to submit an annual report to the City Council on juvenile crime issues which may contain recommendations regarding the establishment of additional Diversion Programs. (b) In the event the Coalition recommends the establishment of additional Diversion Programs, the Coalition shall provide recommendations to the City Council regarding the following matters: • (1) The goals of the Diversion Program; (2) The format of the Diversion Program; (3) A public.relations strategy; (4) The anticipated financial impact; and (5) An implementation schedule. SECTION 111. That the Juvenile Crime Interagency Coalition sB shall be composed of twenty-three representatives to be selected w • and approved by the City Council from recommendations by the fol- lowing groups and organizations: 1 representative recommended by the Denton Independent School District Parent/Teacher Association; F- ca ♦ ~ITTgGN`ti T A I ",J 1 representative recommended by the Denton Chamber of Coi merce; , 1 representative recommended by local civic groups, clubs, or , organizations; 1 representative recommended by Denton County; 1 representative recommended by the Denton Independent School District; 1 representative recommended by the office of the Municipal Court Judge; 1 representative recommended by the Finance Department; 1 representative recommended by the office of the City Attorney; t 1 representative recommended by the Denton Police Department; 1 representative recommended by community-based organizations; 1 representative recommended by the Concerned Parents organization; 1 representative recommended by the National Association for the Advancement of Colored People; } 1 representative recommended by the League of United Latin American Citizens; 1 representative recommended by the Denton County Juvenile Probation Department; r representative recommended by the Denton County Bar Associa- tion; 5 representatives recommended by the student body of t!;e O Denton Independent School Districts high schools, midd.e schools, and alternative school; and 3 representatives at large selected by the City Council. SECTi_ oN TV That each representative shall serve a one calendar year term. ♦ ♦ ♦ SECTION V. That prior to the beginning of the calendar year, the preceding groups and organizations shall submit to the City Council the name of the person or persons recommended to serve as PAGE 2 i • ATTACHM A, the group or organization's, representative for the upcoming r:al,.ndar year. SECTION VI. That the City Council shall designate the Chair- person of this Coalition. SECTION VII. That in the event any of these listed organiza- tions express a desire to riot participate in this Coalition, the City Council may select representatives of other organizations to serve on this Coalition. SECTION.-VIII. That this resolution shall be effective immed- iately upon its passage and approval, I u PASSED AND APPROVED this the ~ay of 1995, BOB CASTLEBERRY, MAY ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: / APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY By 2,16640-4 • • • PAGE 3 • I ca • ~J Attebh i JUVENILE CRIME INTERAGENCY COALITION S o~ S Ntt~rrr~ts ' Ap~ngyl[It~tONp fReprntltttl Rt►pCle►tadver V;SD's PTA Lucille Chapman Denton Chamber of Commerce Local Civic Group " Denton Countv Darlene Whitten DISD Larry Mankoff k Municipal Judge's Office Sandra White Finance Department Harlan Jefferson Legal Department Stephanie Be" Police Department Lloyd Burns Community-Based Organization Elizabeth Garrett s C3ncerned Parents Organization NAACP Carl Williams !.LILAC Denton County Juvenille Probation Peggy Fox Department Denton County Bar Ab,3ociatlon _ • DISD Student Body Ryan High School _ Denton West High School Eric Hill Robert Ware Calhoun Middle School _ Strickland Middle School Mathew Imrle Michael Vance • Fred Moore Learning Center _ • • At-Large Representatives _ Birdell Carstarphen 'Has not responded to ow inquiry AFFOOC70 02!02!95 e 1 ~ a 1 ; f f ~ j 1 ILN i 1 Y • ,K i L F j .i I i f f