HomeMy WebLinkAbout02-21-1995
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CITY COUNCIL AGENDA PACKET
2-21-95
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AGENDA
CITY OF DENTON CITY COUNCIL 6
February 21, 1995
Closed Meeting of the City of Denton City Council on Tuesday,
Hall,,a2152 Scity
E. McKinney, Denton, Texas, at which the following of
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. GOV'T CODE Sec. 551.071
1. Discuss procedures for utilizing options under
Section 13 of the Power Sales Contract.
2. Consider settlement offer in Ci.__ty_gf De=-n v,
Duren and Alexander.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOV'T CODE
Sec. 551.079 f
1. Discuss City Attorney applicants and selection
process,
work Session of the City of Denton City Council on Tuesday,
February 21, 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 .ind'vidual 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
citizens are not allowed to participate in the session unless
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City of Denton City Council Agenda Z
February 21, 1995
Page 2
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Invited to do so by the Mayor. Any citizen may supply to the City
Council, prior to the beginning of the session, a written report
regarding the citizen's opinion on the matter being explored.
Should the Council direct the matter be placed on a regular meeting
agenda, the staff will generally prepare a final report defining
the proposed action, which will be made available to all citizens
prior to the regular meeting at which citizen input is sought. The
purpose of this procedure is to allow citizens attending the
regular meeting the opportunity to hear the views of their fellow
citizens without ha,ring to attend two meetings.
6:00 P.M.
1. Receive a report, hold a discussion and give staff direction
regarding a request from the Town of Bartonville to release a
23 acre tract located on the southwest corner of FM 407 and FM
1830 from Denton's extraterritorial jurisdiction.
Regular. Meeting of the City of Denton City Council on Tuesday,
February 21, 1995 at 7:00 p.m. in the Council Chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following items
will be considered:
7:00 p.m.
1. Pledge of Allegiance
2. Consider approval of the minutes of January 3, January 10, and
January 17, 1995.
3. Receive and open bids regarding city of Denton Certificates of
obligation, Series 1995.
4. Receive and open bids regarding City of Denton General
obligation Bonds, Series 1995.
• 5. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance amending Condition No. 3 of Ordinance 84-50
(adopting Planned Development 72) to allow the public
maintenance of flood plain open space. The 9.15 acre
tract is located east of and adjacent to Bell Avenue,
• The entire planned development of 127.484 acres is • •
located roughly near the confluence of Windsor, Locust,
Hercules and Bell Avenues, (The Planning and zoning
Commission recommends approval 7-0.)
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City of Denton City Council Agenda - - i°
February 21, 1995 l2,'•` C ~1✓
Page 3 3~ 6
6. Consider adoption of an ordinance authorizing the issuance,
sale, and delivery of City of Denton Certificates of
obligation, Series, 1995 and approving and authorizing
instruments and procedures relating thereto.
7. Consider adoption of an ordinance authorizing the iss•ince,
sale, and delivery of City of Denton General Obligation fonds,
series 1995 and approving and authorizing instruments and
procedures relating thereto,
8. 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 Kis
designee to implement each item in accordance with the S':.;aff
recommendations. The City council has received background
information and has had an opportunity to raise questions regarding
these items prior to consideration.
Listed below are 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 9.A,
9,B, 9.C). This listing is provided on the Consent Agenda to allow
Council Members to discuss or withdraw an item prior to approval of
the consent Agenda. Upon the receipt of a "request to speak" form
from a citizen regarding an item on the Consent Agenda, the item
shall be removed and be considered before approval of the Consent
Agenda.
A. Bids and Purchase Orders:
1. Bid #1695 - Oile of Land (Well Site No, 8)
2. Bid #1725 - Water Treatment Chemicals
3. Bid #1720 - Fleet Vehicles
• 4. Bid #1714 - Fork Lift
5, Bid #1710 - Reroofing of Multiple Facilities
6, Bid #1716 - Heavy Equipment Mechanic
9, Consent Agenda Ordinances
A. Consider adoption of an ordinance accepting competitive
• bids and awarding a contract for purchase of materials,
equipment, supplies or services, (8.A.2. - Bid #1725, •
8.A.3. - Bid #1720, 8,A,4. - Bid #1714)
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City of Denton City Council Agenda 4 6
February 21, 1995
Page 4
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B. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (8.A.5. - Bid #1710, 8.A.6. - Bid
01716)
C. Consider adoption of an ordinance approving a contract
providing for the sale of certain real estate owned by
the City of Denton. (B.A.1. - Bid #1695)
lo, ordinances
A. Consider adoption of an ordinance amending portions of
Chapter 34, Article III, Division 3 relating to required
improvements and general design standards for land
development; and providing for the allowance of a thirty
foot maximum drive for single or two family use for
residences which have a three car garage. (The Traffic
Safety Commission and the Planning and Zoning Commission
recommend approval.)
B. Consider adoption of an ordinance prohibiting the parking
of vehicles on portions of Shady Oak Road. (The Traffic
Safety Commission recommends approval.)
C. Consider adoption of an ordinance amending Section 18-1.09
of Chapter 18 of the Code of Ordinances by adding
subsection 22 to section 18-109 (a) which will provide
two handicapped parking spaces on Mulberry. (The Traffic
Safety Commission recommends approval.)
D. consider adoption of an ordinance creating two fifteen
minute parking spaces in the 200 block of West- Hickory.
(The Traffic Safety Commission recommends approval.)
E. Consider adoption of an ordinance authorizing the City
• Manager to execute an agreement between the City of
Denton and Fred Moore Child Care Center, Inc. to provide
for Community Development funding of construction
improvements.
11. Resolutions
• A. Consider approval of a resolution authorizing the • •
submission of an application to the Office of Community
Oriented Policing Services of the United States
Department of Justice requesting funding for the
accelerated hiring, education, and deployment of three
new police officers for community policing.
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City of Denton City Council Agenda
February 21, 1995
Page 5
B. Consider approval of a resolution authorizing support for
appointment of a representative from North Central Texas
to the Texas Transportation Commission.
12. Consider nominations/appointments to the Juvenile Crime
Interagency Coalition.
13. Consider a nomination to the Keep Denton Beautiful Board and
the Traffic Safety commission,
14. Miscellaneous matters from the City Manager.
15. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
16. New Business
This item provides a section for Council Members to suggest
items for future agendas.
17. 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.)
CITY SECRETARY
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At)rlodi tem
City of Denton City Council Agenda b
February 21, 1995
Page 6
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
SECRETARYfS 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.
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DATE: Februa"W tg
CITY COUNCIL. REPORT FORMAT p~ 1
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: HOLD A DISCUSSION AND GIVE STAFF DIRECTION WITH REGARD TO
A REQUEST BY THE TOWN OF BARTONVILLE TO RELEASE A 23 ACRE
TRACT LOCATED ON THE SOUTH WEST CORNER OF FM 407 AND FM
1830 FROM DENTON'S EXTRATERRITORIAL JURISDICTION.
RECOMMENDATION:
Given the position of the City Council with regard to the release of ETJ area and
the concerns of the County with regard to the proposed Improvements of FM 407,
staff recommends that the request be denied.
SUMMARY:
The Town of Bartonville has received a petition from Mr. Tony Riley to annex a part
of his property, a 23 acre tract located on the south west corner of FM 1830 and
FM 407. (See attachment #1, Maps 1 and 2). Mr. Riley's objective is to be able
to sell beer and wine at the Lone Star Country Corner, a convenience store located j
at the corner of FM 1830 and FM 407. The 23 acre tract is part of an area
located In Denton's extraterritorial jurisdiction and the Town of Bartonville may not
annex it without the written consent of the Denton City Council. The Town of
Bartonville is requesting that the City of Denton release the tract so that they may
institute annexation proceedings. A copy of Bartonviile's request is Included In
attachment #2.
A representative from the County contacted staff on this issue and reported that
the County is currently working with the Texas Department of Transportation with
regard to proposed Improvements to FM 407 and that this may not be an
appropriate time for the City of Denton to release that area from its extraterritorial
jurisdiction. The County Is concerned that some cities may be reluctant to
support the proposed improvements to FM 407 at that location.
BACKGROUND:
City Council discussed this Issue in February, 1990 following an earlier request by
• the Town of Bartonville for the release of the same property, At that time the • •
property was owned by Mr. Larry Leesly who wanted to be annexed into the Town
of Bartonville. Council indicated to staff at that time, that the City may consider
releasing the area if the Town of Bartonville and the City of Argyle would agree as
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to how the entire ar;a may be apportioned, since the area in questlon is
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surrounded both Argyle and Bentonville, After lengthy discussions which Included
the residents of the Stonebridge neighborhood and Denton city staff ovr.r a period
of about two years, the Town of Bertonville and the City of Argyle could not "Mrea
as to how the area may be apportioned. The residents of the Stonebridge
neighborhood opposed the release of that area to either the Town of Bentonville or
the City of Argyle and Indicated their preference to remain in Denton's
extraterritorial jurlsdictlon.
City Council received a status report on this Issue in June, 1993, At that meeting
the residents of the Stonebridge neighborhood addressed the Council and opposed
the release of the area. Council Indicated to staff at that time, that the City P-hould
not willingly release its ETJ area unless there is a "compelling" reason to do so.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
-Sixieen families living in the Stonebridge neighborhood.
-The Town of Bartonville.
-City of Argyle.
FISCAL IMPACT:
Respe ily submiri d:
Lloyd Harrell
City Manager
Prepared:
C~ std < Al
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Harry N. Persaud, MRTPI, AICP
Senior Planner
• Ap oved
Frank tf. Robbins, AI
Executive Director
Planning and Development
Attachment #1: Location and site maps
Attachment #2: Request from the Town of Bentonville.
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"CALL IT A"
ALL THAT CERTA10 TRACT OF LAND SITUATED IN Tilt WILLIAM BLALOCK SURVEY,
EUNICE SMITH STOCKS CALLED
TRACT 4 DPDENTON SCREBED COUNTY, IN THE TDED FROM IZING A PART OF THE
ABSTRACT 5683 NUMBER
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LARRY G. LEESLEY MA RECORDED IN VOLUME 909 PAGE 93 OF THE DEED RECORDS
OF DENTON COUNTY, TEXAS AND BEING THE SAME 2.00 ACRE TRACT DESCRIBED IN
THE DEED OF TRUST RECORDED IN VOLUME 2089 PACE 478 REAL PROPERTY RECORDS
AS RECOGNIZED AND OCCUPIED t,N THE GROUND{ THE SUBJECT TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWSS
BEGINNING FOR THE NORThWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT
AN IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID 2.00 ACRES IN THE
NORTH LINE SAID 22.683 ACRES AND THE MOMUMEHTtD SOUTH LINE OF F.M. HIGHWAY
N0. 4021
7HENC$ SOUTH 87 DEGREES 53 MINUTES 26 SECONDS EAST WITH SAID NORTH LINE
AND THE SOUTH LINE SAID HIGHWAY A DISTANCE OF 213453 FEET TO AN IRON ROD
FOUND AT THE BEGINNING OF A FLAIR IN SAID HI09WAY1.
THENCE SOUTH 46 DEGREES 11 MINUTES 13 SECONDS EAST ALONG SAID FLAIR A
DISTANCE OF 63.50 FEET -TO AN IRON ROD FOUND AT THE END OF SAID Twit IN
THE. WESTERLY LINE OF F:M. HIGHWAY NO. 1630 IN A CURVE TO THE LEFT HAVING
A RADIUS Of 618.7 FEET;
THENCE ALONG THE ARC OF SAID CURVE ALONG SAID HIGHWAY AN ARC DISTANCE Of
104.13 FEET (CHORD BEARING SOUTH 12 DEGREES 16 MINUTES 43 SECONDS EAST A
DISTANCE OF 104.0, FEET) TO AN IRON ROD FOUND AT THE END OF SAID CURVE IN
THE MIDDLE Of A COUNTY ROAD;
THENCE SOUT 2.00 ACRES IN O SAID `REOAD A 4DIMINUTES 00 SECONDS STANCE OF 147.10 FEETTT'OyTHET SOUTHEAST EAST LINE
Of SAID 2.00 ACRES;
THENCE NORTH 87 DEGREES 43 MINUTES 47 SECONDS WEST WITH THE MONVc,aTED
SOUTH LINE SAID 2.00 ACRES AT 23,71 FEET PASSING AN IRON ROD FOUND AND
CONTINUING ALONG SAID COURSE, ALONG A CF.AINLINK FENCE, IN ALL, A TOTAL
DISTANCE OF 303.02 FEET TO AN IRON ROD FOUND FOR THE SOUTHWEST CORNER OF
SAID 2.OJ ACRES;
l THENCE NORTH 02 DECREES 24 MINUTES 4B SECONDS EAST WITH THE WEST LINE THEREOF,'
GENERALLY ALONG A FENCE A DISTANCE OF 302.80'FEET TO THE PLACE OF BEGINNING,
AND ENCLOSING 1.999 ACRES OF LAND -MORE OR LESS.
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PS TSOM REQUEETINO ANNEXATION c rl
To: THE MAYOR AND TOWN COUNSEL
TOWN OP SARTONYILLE
DENTON COUNTY, TEXAS
1 (We), the undersigned owner(s) of the hereinafter described tract of land, on
1
wgleh less than throe (3) qualified voters reside, hereby petition the governing body of
thi Town of Bartonville to extend the present city limits so as to Include as a part of
the Town of BartonlOle, Texas, the following described tereltory, to wit:
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We certify that the avive described tract of land Is contiguous and adjacent to
the Town of Bartonvllle, Texas, Is not more than one half mile In width, and that thin
Petition Is signed and duty acknowledged by each and every person or corporation having
an Interest in the said la
gn tur wner
in* ure o wear
17:d 28060Ebd id 311:AHOIMlle
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ATTACHMENT 1, Page 1 "'hdflNU
AREA REQUESTED BY BARTONVILLE
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MAP OF AREA REQUESTED BY BARTONVILLE
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Agenda Na -
ATTACUUW44r Agesldalto
JOHN EDWARD RAPIER, P. C. f33to" 1
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roha Rgirr 100 E. Ikkut Telephw: 214.727.9904
lama W. w bon sube 102 Tex" Was: "11.3126
Kay Drtrchei, Office MayRer Alen, Te"a 75007-2699 facsimile: 214.727.1631
January 16, 1995
Lloyd V. Harre? 1
City Maruger, City of Denton
215 E. McKinney Street
Denton, Texas 76201
Re: Request of the Town of Bartonville for the release of
extraterritorial jurisdiction of it 23 acre tract
Dear Mr. Harrell.,
This office serves as the Town Attorney for the Town of Bartonville. Bartonville has
received a request for annexation of property within Denton's extraterritorial jurisdiction. This
letter, therefore, is BartonvUle's formal request that the City of Denton release its extraterritorial
jurisdiction over the area which is the subject of the annexation request, a copy of which Is
enclosed.
It is BartonvWe's understanding that the City of Denton does not have a long term Interest
in the territory sought to be released, Please advise me of Denwn's position on the issue and the
date on which the Denton City Council will consider the request,
Very truly yours,
TOWN OF BARTONVILLE
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enclosure
cc: Town of Bartonville w/enclosure
Harry Persaud w/enclosure
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netii un eating Annexat+
in ~ere re TOr Nore
To the Nayor and GovornLng body !
City-ol ✓10L , Texas
Oreetings,
Ne, the majority of the inhabitants and qualified voters of
the following -described territory, which adjoins the city limits
and is not more than uue-hall mile in width, hereby petition
your honorable body to extend the preaont.eity limits so as
to include to-wits
(Here describe the territory car iv i the
petition by notes and bounds) SFE I+71 I&I /,4,Ll~14,
arrarw ■~rre awn ■oLSnr ersesrrrios "LAT ?
we, and each of us, are inhabitants of the above described
territory and are qualified to veto for members of the State
Legislature, and have expressed our choice and vote by affixing
our signatures to this petition under the appropriate heading
below,
'FOR TU AWMATION' "AGAINST TRC ANNF.%ATION'
Affidavit of Three Slaners of the Petition
Tilt 6TAT6 OF TEXAS
COUNTY OF
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66roAS N, She un e!lr~ijned authorand~ ny,,,c6rl~, day personally
appeared fifr well known
to ,re, who no duly sworn, depose an say that they, and
each of them are inhabitants of the territory described In
the attached petition and qualified to vote for members of
the State Legislature, that each inhabitant of said territory
who is qualified to vote for members of the State Legislature
• has had notice of and an opportunity to vote his tholee In
the natter of annexing said territory to the City ofALt
Texas, and that a majority of those quali(lad to vote as voted
in favor of beeOSing A part of sold city.,
_ Signed{
signed,
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signed, R511 11
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sworn to and subs-gibed before me this the IL day e! .
400GOY* ber , A. D, 10 q#
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for
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SUNG ALL MT C047AIM TUCT OR ►AIIC41 01 LAW S11DAfta
11 TIS MILUM IULLOCL 401111, Al6T4A6T NO. 44, 109W M
COOtr.T, TMI, PRIM 9AAT OF A CALL&D 72.663 ACM TUCT
Mcal41D IN A "a no" Som"'I Y¢Tt STOt16 TO S.A11T 0.
Lunn AIM MITI, 11271760 WORM M TOlm 909, THOS 93.
DW 1 5, 0!711011 COWZ1, 7RA1, AND 141M0 NOSS
►AtiICDWLT O%SM9P AS 701,14"1
9941000 at k ires 104 set At the Faytret target of sold
21.403 acre treati
tAlNki Worth 02404135" vast, a Dlotante of 677.09 test to r
lros rod oat for coreer7
TUM South 40403121" Past, a Distaste of 649.)2 fast to As
it" rod ford for the 140thuet tartar of that cerULs 114104
acre tract teeysyad to Arpie ►ea4 Store y Wad retarded to
Tolyw 2354, rye 644, Dead Iwcot4a et Watts Coyaty, Toaaal
T'16MC1 Worth 02614'41" Let, With the Get lino of oaid 1.1204
acre tract, a 41staga of 211.23 feat to ew ire% tad tart for
career;
f SUNCi,South 14'40'20" Past, a 4ieta0c4 of 13.72 fait to 44
ires rod $At for toreer 10 the Fast LIM Of 9814 22.403 At"
tretta
TrAu Soytl 01' 34'ro" Mere, a 4lstaeea of 1131.01 fast to as -
Itas led eat At the Swtlweet career of eelA 22.417 acre tract;
TUMM Worth S6'07'07" cleat, A Jlotesce At 40S.59 last to the
Plata of 3*41u1s6 AM ceaWAL&S 13.1446 acres of lad.
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CITY OF DENTON CITY COUNCIL MINUTES Date
January 3, 1995 ~03 y y ti
The Council convened into a Closed Meeting on Tuesday, January 3,
1995 at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tom Brook; Council Members
Chew, Cott, Perry, and Miller.
ABSENT: Council Member Smith
1. The council considered the following in a Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sao. 551.071
1. Held a discussion regarding GTE's response to the
letter of December 21, 1994, to J. Cody Wilbanks
from the Acting City Attorney.
B. Real Estate Under TEX. GOV'T CODE Sea. 551.072
1. Held a discussion regarding acquisition of property
for expansion of the City's landfill.
2. Hold a discussion regarding lease of property for
additional parking for the DMC from Union Pacific
Railroad.
C. Personnel/Board Appointments Under TEX. GOVT CODE
Boo. 551.074
The council convened into a Work Session on Tuesday, Januarv 3,
1995 at 6:00 p.m. in the City Council chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tom Brock; Council Members
Chew, Cott, Perry, and Miller.
ABSENT: Council member Smith
1. The council received a report concerning TMPA's power sales
agreement with the city.
• City Manager Harrell stated that this item was placed on the Work
Session to update onaoing discussions the staff was having with
TMPA, specifically the desire of the member cities to achieve some
type of flexibility with the power sales agreement to allow the
cities to explore other alternatives available to meet current and
future energy needs. The City had communicated to TMPA by letter
on December 20, 1994 its desire to develop proposed amendment • •
0 language to acquire the desired flexibility while at the same time
assuring the bond holders that all of the existing obligations
would be honored by the various cities. TMPA had responded by
letter on December 22, 1994 and indicated that various individuals
had met tc discuss the proposal. There was a general indication
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City of Denton City Council Minutes
January 3, 1995
Page 2
that some progress had been made and an amendment might be
possible. He had received a fax indicating the first proposed
amendment language as proposed by TMPA counsel which would allow
the member cities the desired flexibility while at the same time
protect the bond holder. Page 2 of the fax talked about the way
the lawyers envisioned the amendment. They suggested that the
individual cities be given the opportunity to review the proposed
language and revise it where needed. After review by TMPAPs legal
counsel, final precise language would be drafted and submitted to
the TMPA Board of Directors. Page 3 of the fax indicated a
procedure in which the Board would adopt a resolution approving the
amendment conditioned upon the occurrence of several events. Those
events were quite detailed and were a cause for some concern. He
was concerned that although the amendment seemed to get to the
point wanted, there needed to be more dialog with TMPA to come to
an understanding why this type of procedure was needed rather than
a declaration of a project with the cities having the ability to
decline to participate in the project. It appeared that they were
at the point to have a genuine willingness to try to develop a
procedure to allow the flexibility which was needed by the cities
but how to reach that point was still needing more discussion. He
felt that this was positive news and positive movement toward such
a process of flexibility.
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Council Member Hiller asked what was the next step in this process.
City Manager Harrell felt that the next step would be to contact
the other member cities and take a leadership role to direct how to
proceed with this process. If the cities were willing to proceed,
TMPA would arrange a meeting between the lawyers involved and the
cities to discuss the issue. No action was needed by Council at
this point unless someone was uncomfortable with the direction it
was going.
Council Member Miller felt that the process described by the
lawyers could be pursued and perhaps finally settled. If that
aspect did not work, then the other aspect of declining a project
could be pursued. He felt that one avenue dealt with the symptoms
and one avenue dealt with the oause of the problem.
city manager Harrell felt that either procedure was a means to
6 reach an end. Whatever seemed to work best and left the City less
liable to any legal problems would be the avenue to follow. There ' •
was a need to find out if the process were started with an
amendment and one of the conditions could not be met, would the
declaring of a project then subject the cities to more legal
problems.
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Page 3
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Council member Cott felt that there was a need to separate the
money and electricity.
2. The Council received a report and gave staff direction
concerning an upcoming bond sale.
xathy DuBose, Executive Director for Finance, stated that the bond
sale would consist of general obligation bonds and certificates of
obligation and would take place on February 21, 1995. Originally
it wa3 anticipated that $1,634,750 of general obligation bonds
would have to be issued. As the City only issued in $5,000
inoremonts, it was anticipated that $1,6;15,000 of bonds would have
to be sold. During the City's annual audit, it was found that
approximately $25,000 of interest earnings would be available to
complete one of the projects and it was now recommended that
$25,000 less be issued that originally indicated. Certificates of
obligation were to be sold for solid waste expenditures for the
1995-96 fiscal year. It was anticipated that $11682,000 would be
used and the first quarter of the following year would use
$1,360,000. Not all of that debt would be issued at this point in
time with only $2,000,000 being issued. $1,942,000 would be issued
to actual projects and $58,000 for bond issuance costs. The
$1,1000000 designated for property acquisition would not be sold at
this time to help keep the solid wants rates down at this time,
Part of the funds would be used to reimburse $310,000 which was
designated as reimbursable by the Council in October of 1994.
There would be a bond rating trip on February 9-10 to New York
City.
Mayor Castleberry asked for a Council representative to go on the
trip.
Council Member Chew indicated that he would like to attend.
After disoussir:n, council :4ember Chew indicated that as Mayor Pro
Tom Brook had not attended a bond rating trip, he would like to see
her attend.
Mayor Pro Tom Brock indicated that she was not interested in
attending at this time.
council member Chew indicated that he would then like to
trip. go on the
Council returned to the Closed Session in the Civil Defense Room.
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January 3, 1995
Page 4 r2-
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The Council Convened into a Regular Meeting on Tuesday, January 3,
1995 at 7x00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro TOM Brock; Council Members
Chew, Cott, Parry, and Miller.
ABSENT: Council Member smith
1. Pledge of Allegiance
The 6;vuucil and members of the audience recited the Pledge of
Allegiance.
2. Public Hearings
A. The council held a public hearing with regard to a
proposed annexation and zoning of a 199.5 acre tract located east
of Mayhill Road and north of Edwards Road. (A-64)
Harry Persund, Senior Planner, mated that the purpose of this
annexation was to expand the City's landfill operations. This was
the first of a series of public hearings scheduled in accordance
with the State law and the City Charter. The purpose of the
hearing was to receive input from interested parties in the matter.
The Mayor opened the public hearing. {
No one spoke in favor.
Roger Crawford asked for the time frame for the expansion and
questioned the need for such an expansion. He felt it would be
many years b-ifore the area near Mayhill and Edwards would be
needed.
• Howard Martin, Director of Environmental operations, stated that
this site would be approximately 155 acres. it was anticipated
that it would be a 36 year site and the time frame depended on the
closure of the existing site which was anticipated to be mid-1997.
Crawford stated that the size of the property was approximately 200
acres and asked what was going to be done with the remainder of the
O site. • •
Martin stated that the 155 sores would include all the land from
Faster Road to Edwards Road and would then follow the wastewater
interveptors up the tributary. The entire 199.5 acres would not be
used as a landfill site.
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Crawford asked if the property he was interested in would not be
needed far the landfill. He asked why the City would want to
include that property and suggested using it as a buffer between
the landfill and the existing mobile home park. He felt that his
property would be outside the requirements of the landfill and
could be left out of the proposal.
Martin replied that the whole idea of the area which the city was
trying to permit was to maximize the amount of landfill space
availal,le.
Crawford stated that he understood that the actual landfill would
follow the drainage and felt that the people in the mobile home
park would like some type of buffer. His property would be a good
buffor between the landfill and the mobile home park. He asked
that the property be removed from the proposal.
City Manager Harrell stated that the action being proposed at this
meeting dealt with the annexation of the property. To acquire the
property was not continge-`_ on the annexation. Mr. Crawford's
points could be considered by staff.
The Mayor closed the public hearing.
The item did not require action at this point in time.
B. The Council held a public hearing with retard to a
proposed annexation of a 1.1 core tract located on and being the
east part of the right-of-way of Corbin Road. (A-68) i
Harry Persuad, Senior Planner, stated that this proposal dealt with
a 1.1 acre tract being the east portion of the right-of-way of
Corbin Road. That portion of Corbin Road was currently in the
County. There was a situation in the area with a low water
0 crossing in which the City proposed to close the road after
annexation. There were some homes in the area with one recently
built and one under construction. Eight homes would be affected j
with the closure. Two existing homes would not be affected as they
were before the low water crossing.
The Mayor opened the public hearing. '
Lyle T. Whitworth asked that the Council not close the road as it 0 O
would devaluate his property, increase crime, isolate all of his
neighbors, and reroute the mail, the newspaper plus the school bus.
It would also increase response time for public service vehicles
and turn the area into a dump grcxnd which would pollute tie City
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January 3, 1995
Page 6
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water in the area. There was already a problem in the area and if
the road was closed there would be more problems.
Janie Whitworth stated that the road needed to remain open with the
gates maintained until a suitable way was found to fund the road.
At this time there was no urgent need to close the road as there
were not many times when the road was under water. Corbin Road was
located in the area of Airport Road which was a manufacturing area.
Employees of the businesses used the area daily. Corbin Road was
their main outlet from their homes and nine households and eleven
property owners would be affected with the closure. Four heart
patients were in the area which might be affected if the road were
closed. The road was vital to the residents and she felt that
the City could find funding for an alternative method rather than
close the road. She asked the Council to maintain the gates 1
rather than close the road.
Robert Hammer sated that he had recently built a home in the L.
and that anotr home was being built west of his home. One rea96.
he purchased the property was that they liked Denton and the area f
seemed to be growing. The vacant property in the area seemed to be
prime property for a growing business. if the City wanted to
attract business to the area, it needed to make improvements to the
road and enhance the area rather than close the road which would be
a detriment to the area. A letter he had received regarding the
annexation did not give an explanation as to why the City wanted to
annex the area and close the road.
City Manager Harrell stated that there were two concerns regarding
the area. One was that there was somewhat dangerous situation
regarding a low water crossing in the area. If for some reason, the
gates were not closed properly or the timing was not right, there
was the potential for a problem. There had been some incidents in
the past where the City was making large settlements because of
• unsafe conditions connected with the low water crossing. The
second reason was that to eliminate the low water crossing which
would be a very expensive project with an estimate of approximately
$1 million to bridge the crossing. Currently the resideatial 11
density in that area did not justify that level of expenditure to
fix the problem.
• Hammer replied that the residential or commercial density might • •
improve if the road were improved. A bridge constructed in the
area would eliminate the liability conditions. The City, as a
municipality, would not be liable for more than $100,000 in a quit.
He asked that if the City Council voted on this issue this evening,
that they table the issue to be able to look into the estimate for
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City of Denton City Council Minutes "7 r/1 yty
January 3, 1995 "O
Page 7
the bridge. The nost of building the bridge would be justified in
connection with the City's efforts to improve the Airport.
Jaokye Havenhill stated that this issue was of great concern to
her. She felt that the area could be dangerous but could also be
beautiful. She felt it would be a crime to shut it off from the
rest of the community and asked that the road not be Closed. The
extra distance was not great but felt that it was unnecessary to
close the road. No one would build close the creek and felt that
the area should be deannexed which would release the City of the
responsibility of the road. Closing the road would hurt more than
help.
John oandr stated that he and his wife use Corbin Road to go to
work everyday. If the rnhd were closed, he would ha ® to take all
of h' farm equipment another route to get to his ! n property.
His gestion was that if there was not enough mono to maintain
the y.tes that they should be taken down and a high -4r sign put
up.
Allen Norman stated that he owned one of the two farms in the area.
The people who leased his property were not in favor of closing the
road. There were 11 homes which would be affected as there was
farm property on both sides of the road and would have to go around
to get to the property. If the City closed the road, he asked what
type of commitment the city would have to maintain the north side
of the road. What was being discussed was not progress as the
city was merely saying that it had annexed an area and was not
willing to maintain the area. He appealed to the Councills pride to
improve the road properly with the needed bridge and not close the
road.
Terri Meador stated that she had purchased property in the area.
She selected this property due to the accessibility to 135 to go to
her job. She had had good service from the City in the area due to
• the accessibility of the property, She recently had gotten caught
in the high water in the area and bad received good help from the
rescue people. She asked what was the cost to maintain the current
gates.
Mayor Castleberry stated that one of the oonoerLa was that human
error might not close gates when needed.
Persuad stated that it cost $70000 per year to keep gates open and
closed.
Meador replied that that was a small price to pay for the 11
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City of Denton City Council Minutes g ,Q G u
January 30 1995
Page 9
families to have access to their homes.
Scott Hudson stated that he represented the owner of the 166 acres
between Underwood and Corbin Road. if Corbin Road were olosed, it
would have a future impact on the marketability of the property.
Without Corbin Road access, the property on Corbin Road would have
a significant reduction in value.
Mike Riley stated that he was opposed to the closing of the road.
There was a lot of traffic in the area and felt that the usage was
from the businesses in the area. Corbin was a better road than i
Underwood Road for usage. signs might help in addition to the
gates in the low water crossing area. He was concerned that there
would be an increased incidence of illegal C ping in the area if
Corbin Road were closed.
The Mayor closed the public ' kring.
..roc?: oii. that ixatio_„ :_..edule
allowed for a second public hearing on January 17th with final
action to be taken on March 218t.
Council Member Cott stated that he had discussed the issue with the
neighbors and discussed various alternatives for the area realising
that no one in the area lived in .a city limits and the Denton
taxpayers would have to pay for any alternatives. He reoommended
that the entire area be considered for annexation to determine how
much money that would bring the City.
Council Member Perry asked how the individuals living on Corbin
Road would be able to leave the area.
Persuad pointed out on a map how the affected residents would come
and go from the area. springside and Underwood Roads would be used
• instead of Corbin Road resulting in an additional 1.1 miles to
travel. The existing homes on Underwood would have minimal impact.
Because of the low water crossing, it was unlikely that commercial
development would occur in the area.
Mayor Castleberry indicated that the second public hearing would be
on January 17th.
3. Consent Agenda • ~
Perry motioned, Chew seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Chew "aye", Ferry "ayet', and Mayor Castleberry "aye'$. Motion
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carried unanimously,
A. Bids and Purchase Orderst
1. Bid #1693 - Fleet Vehicles
2. Bid #1694 - 12 CY Dump Truck
3. Bid #1696 - Vibratory Roller
41 Bid #1699 - Fleet Wash Service
5. Bid #1702 - Tractor with SidebOOm Mower
6. Bid #1703 - Trencher and Trailer
7. Bid #1700 - Jim Christal Road Paving and Drainage
phase II
S. P•0. #52157 6 52158 - Paradigm/Tranayt Traffic
Controllers
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4. Ordinan
Council considered the Consent Agenda Ordinances A-C. Perry
motioned, Cott sooonded to adopt Consent Agenda Ordinances A-C. On r
roll vote, Broc "aye". Cott "aye", Miller "ays'l, Chow "aye'-*, Perry
"aye and Mayo. -,cry "aye". Motion carried unanimously.
A. NO. 95-001
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,, SUPPLIES OR
SERVICES; PROVIDING rOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE. (3.A.1. - Bid #1693, 3.A.2. - Bid
#1694, 3.A3. - Bid 06981 3.A.4. - Bid #1699, 3.A.5. - Bid #170
3.A.6. - Bid #1703) 2,
B. NO. 95-002
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE. (3.A.7. - Bid #1700)
•
C. NO. 95-003
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASE OF MATERIALS OR EQUIPMENT WHIC%f ARE AVAILABLE FROM ONLY
ONE SOURCE
A O •
LAW EXEMPTING
PURCHASE FROM REQUIREMENTS THE PROVISIONS OF OF COMPETITIVE BIDS STATE
SUCH AND PROVIDING
AN EFFECTIVE DATE. (3.A.S. - P.O. # 52157 k 52158)
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City of Denton city council minutes
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Page 10 ~
D. The Council oonsidered adoption of an ordinance accepting
the dedication by Hersman Development Corporation, Verl Lybbert,
Chris Lybbert and Katherina Lybbert of .273 aore~4 of land located
on the east side of Teasley Lane (F.M. 2161) at the intersection of
Teasley Lane and Lillian Miller for street and utili`y purposes.
Rick Svehla, Deputy City Manager, stated that as the Teasley Road
project began, it was discovered that there would be a need for a
traffic area to be built as part of the construction of the
intersection at Teasley Lane and Lillian Miller Parkway. In
discussions with Mr. Hersman as well as the Texas Department of
Transportation, an agreement was worked out whereby Mr. Hersman
dodicated '%.he mount of land net.ded for TxDot to build a right-turn
lane for futL -a improvements of the area. This was a win-win
situation for be City, for Mr. Hersman and for TxDot.
The following ,rdinanoe was oonsidereds
NO. 95-004 II
AN ORDINANCE ACCEPTING THE DEDICATION BY HERSMAN DEVELOPMENT
CORFORATION, VERL LYBBERT, CHRIS LYBBERT AND KATHERINE LYBBERT
OF .273 ACRES OF LAND FOR STREET &ND UTILITY PURPOSES; AND
DECLARING AN EFFECTIVE DATE.
Miller motioned, Perry seconded to adopt the ordinance. On roll
vote, Brook 'laye", Cott "aye", Miller "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the City of Roanoke for the impoundment and disposition
of dogs and cats and the coll"tion of fees pursuant to the
provisions of said agreement.
• Nonie Kull, Environmental Health Services Manager, stated that this
was the third year that Roanoke had asked for city services in this
area. The Roanoke City Council had agreed to the proposal.
The following ordinance was considereds
NO. 94-004
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
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Page 11
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, perry seconded to adopt the oi•a:nanoe. On roll
"Ote, Brook 'lays", Cott "aye", Miller "aye", .phew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance
authorizing the Mayor to execute, on behalf of the City of Denton,
an interlocai agreement with Denton County for the provision of
services associated with the holding and disposition of dogs and
oats for Denton County; and authorizing city personnel to collect
fees pursuant to the provision of said agreement.
Nonie Kull, Environmental Health Servio3s Manager, stated that this
was the eleventh year of this agreement. Both the County and the
(Itty were comfortable with the arrangements which would net the
G.ty approximately $22,000.
Mayor Pro Tom Brook asked if Denton provided such services for any
c:t.her municipalities.
Kull replied not at this time but that the City had done such in
the past on a temporary basis.
Mayor Pro Tom Brook asked if the City staff went into the county to
provide services or if the County brought animals to the City
facility.
Kull replied that the county had its own animal program and own
officers. The City merely housed the animals and provided
disposition of the animals.
The following ordinance was considered: j
NO, 95-006
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AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PUPr.G1tNT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
® Cott motioned, Miller seconded to adopt the ordinance. On roll • •
vote, Brook "aye", Cott "aye", Miller "aye", Chow "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously. i
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City of Denton city council minutes January 3, 1995 2 U 4
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0. The Council Considered adoption of an ordinance creating
an offense for urinating or defecating in public and pt'oviding for
a penalty in the maximum amount of $200.00.
Acting City Attorney Mike Buoek stated that thin ordinance involved
a prosecution issue. Usually an indecent exposure charged was
filed but there were cases where an individual might not be
indecently exposed but still the performing act.
The following ordinance was considered,
NO. 95-007
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OFFENSE
FOR URINATING OR DEFECATING IN PUBLIC, PRC'IIDING FOR A DEFENSE
TO PROSECUTION OF THIS VIOLATION; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $200.00; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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Brook motioned, Perry seconded to adopt the ordinance. on roll
vote, Brook "aye", Cott Olaye0l, Miller "ays'l, Chew 'layoff, Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
H. The Council Considered adoption of an ordinance
authorising the City Manager to execute a contract between the City
o2 Denton and Kelly, Hart i Hallman for professional legal services
associated with the landfill permitting process.
Bob Nelson, Executive Director for Utilities, stated chat in
approximately 6-8 weeks, the City would need to file the permit for
the new landfill. As part of the process, it was appropriate to
have outside legal assistance to help the City through the legal
process to file the permit. Staff had interviewed four firms for
the contract and selected Kelly, Hart & Hallman. The firm had
• agreed to put a Cap of $25,000 on a non-oontested landfill
application.
Mayor Pro Tom Brook stated that the firm which the staff was
recommending did not have any speoific experience listed in
permitting a landfill.
• Nelson replied that most of the experience of their staff members • •
had been in the Houston and Central Texas area. Many of their
activities dealt with Exxon landfill sites and medical hazardous
landfill sites. This firm was highly recommended from those in the
field.
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Council Member Cott asked where the permit was going to be filed.
Nelson replied that it would be filed with the Texas Natural
Resources Conservation Commission. There would be public hearings
regarding the permit.
Mayor Pro Tom Brook stated that in view of the recent public
statements regarding the emission control process, would it be wise
to wait to see if there would be any changes in the regulatory
requirements on other environmental issues.
Nelson replied that he wished he had the liberty to do so. The
current landfill would be at capacity by the summer of 1997 and it
would take a period of time to prepare the site after the City
received the permit.
The following ordinance was considered=
NO. 95-008 f
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF DENTON AND KELLY, HART i HALLMAN
FOR PROFESSIONAL LEGAL SERVICES ASSOCIATED WITH THE LANDFILL
PERMITTING PROCESS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
i
Brock motioned, Perry seconded to adopt the ordinance, On roll
vote, Brock "aye", Cott "aye", Miller "aye's, Chew Hays", Perry
"aye", and Mayor Castleberry "aye". Notion carried unanimously.
5. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to execute an agreement with the
• Department of Transportation, United States of America, for a grant
under the Urban Mass Transportation Act of 1964, as amended.
Joseph Portugal, Assistant to the City Manager, stated that on
December 7th the Federal Transit Administration notified the City
of Denton that its urban formula grant in the amount of $422,169
had been approved. This funding would be used to subsidise public
b transportation services in the City. The funding included $60,187 , • •
for planning, $215,250 for operations and $161,600 for capital.
Also included in the grant was $5,152 in congestion mitigation air
quality funds to fund a three year demonstration project known as
the Ozone Alert Program.
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Page 14
Council Member Chow left the meeting with a potential conflict of
interest as he was a member of the Board of Directors for SPAN,
Cou.oil Member Cott stated that he had a problem with such grants
in thet at some point in time, the city might have to pay for the
program as it might not receive the grant at a future time.
The following resolution was consideredt
NO. R95-001
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES
OF AMERICA, FOR A GRANT UNDER THE URBAN MAFJd TRANSPORTATION
ACT OF 1964, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
Miller motioned, Perry seconded to approve the resolution. On roll
vote, Brook llaye1e, Cott "nay", Miller "aye's, Perry "aye", and Mayor
Castleberry "aye". Motion carried with a 4-1 vote.
Council Member Chew returned to the meeting.
B. The council considered approval of a resolution giving
General Telephone of the Southwest, sixty days notice as required
by Section kV of the franchise agreement to produce rnoordu
previously requested of GTE by Resolution Number R94-071 and by the
City Manager in his letter of February 101 1994, pursuant to
Section XVII of the franchise relating to the inspection of records
necessary to audit GTE's franchise fee payments to the city.
Acting City Attorney Mike Bucek stated that an earlier resolution
addressed the issue of the audit of the franchise fees attempted by f
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a result, he auditors GTE failed to supply various requested records and as
a result of ethauditor was at, the City tMaable nager o mafully de several complete audit. in an
• attempt to got those records and was unsuccessful in that attempt.
The prior resolution, approved by Council, again requested records
and provided for a thirty day time frame. If no records were
received in that time frame, Council directed staff to return with
the proposed resolution.
e Member Cott
businesstfriendly that Denton had a wonderful quality of
lawsuits with companies which were needed in the City unless it was
necessary. This would be tha second Fortune 500 lawsuit in the
last three years. He felt the Council needed to watch that and
think of that.
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Page 15 f, ? r 7
Don Williams, GTE, wanted to clarify some statements he had made to
Council at an earlier meeting, especially regarding an accounting
manual. The FCC sat the accounting rules for the industry. The
accounting rules designed by the FCC were codified in their rules
and were public information and available upon request from the
FCC. GTE normally did not provide such a manual as it was readily
available from the FCC. Another misstatement was that GTE had
stated that it would not provide the access revenue which had been
requested because GTE did not feel it was relevant. GTE had never
claimed that the City was not entitled to reasonable compensation.
GTE felt that the City should live by the contract it had signed
with GTE a$ GTE had consistently complied with those provisions.
Neither the staff nor the oo,a~ultnnt ever provided GTE
documentation or pointed to language specifically in this contract
that clearly stated that toll access revenues should be included in
the base. That was the reason that GTE was not providing the
information. It was not relevant to this particular contract. If
staff or the consultant could produce such language or
documentation, GTE would reconsider its position.
Melvin Willis, GTE, requested that Council take no action at this
time in order to allow time for staff to provide to GTE
documentation that access revenues were intended to be in the
contract fee base of the present contract. GTE would like to work
with the City to find a solution which both sides could support
instead of taking the inflexible position that the City should sue '
GTE unless it provided the requested records.
Hiller motioned, Cott seconded to postpone the resolution until
such time as when the staff could meet with the staff of GTE and
clear up the issue of access and whether it was really intended
that it be part of the contract. He was concerned about some audit
information which the City may or may not have received. on roll
vote, Brock "nay", Cott "ays", Miller "aye". Cbew "nay", Perry
"nay", and Mayor Castleberry "nay". Motion ailed with a 2-4 vote.
•
The following resolution was consideredi
i
NO. R95-002
A RESOLUTION GIVING GENERAL TELEPHONE OF THE BOUTHWEST, SIXTY
DAYS NOTICE AS REQUIRED BY SECTION XV OF THE FRANCHISE
AGREEMENT TO PRODUCE RECORDS PREVIOUSLY REQUESTED OF GTE BY
• RESOLUTION NO. R94-071 AND BY THE CITY MANAGER IN HIS LETTER • J
OF FEBRUARY 10, 1994 PURSUANT TO SECTION VII OF THE FRANCHISE
RELATING TO THE INSPECTION OF RECORDS NECESSARY TO AUDIT GTE'S
FRANCHISE FEE PAYMENTS TO THE CITY, AND PROVIDING AN EFFECTIVE
DATE.
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City of Denton City COulicil Miniitt)s !b C
January 30 1995
Page 16
Perry motioned, Chew seconded to approve the resolution.
Council Member Miller stated that in 1989 there was an audit and at
that time there may have been some question about Wither long
distance access information should be included in the base. It was
not and prior Councils had chosen to not include it antil this
point. This resolution went back to 1988 and stated that GTE
should have included that access so that they were in default. The
resolution even asked to go back and audit from 1983 to 1988. If
the resolution asked for an audit of what was known and could be
agreed on at this point which bad been covered and also continued
to talk about whether long distance access should be included, he
would be in favor of such a resolution. He felt the proposed i
resolution clouded the issue and that the request was not for a
clear out audit.
Council Member Cott stated that the City received the money And the
citizens paid the fee. He felt that that needs, to be resolved
before such a resolution was passed, once such a resolution was
passed, the Council had to be prepared to sue. He suggested that
the Council. delay action and relook at the issue.
Council Member Miller stated that at the last work session he had
anxed if it were possible to request that GTE to break out the
information from the 2% which was known to be collected and have
the area in dispute as a asparate audit item. He asked if anything
had been done regarding that request.
Acting City Attorney Bucek stated that the audit request dealt with !f1
an audit of what the Charter stated was 2% of the gross receipts.
Council Member Miller and Cott had talked about an audit of what
just the rate payer was paying but the issue was broader than just
what the rate payer was paying. The issue included had GTE
collected from certain long distance carriers, fees that if were
collected, would reduce the demand on the taxpayers.
•
Council Member Miller stated that his bill indicated 2% of a
municipal franchise fee. GTE was saying that that was all that was
due to the City. He was not saying that that was right or wrong.
He was asking for an audit to break out that the City was receiving
that 2%. Since it had not been asked for separately, he could not
be osrtain that that funds had been transferred to the City.
e • •
Bacek replied that the problem was that in all communications with
GTE, they had never relayed a way to do such an audit. They never
showed a willingness to produce anything additional other than what
the City already had. From the information which the auditor had
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City of Denton City Council Minutes
January 3, 1995
Page 17 f 7 / r
at this point, be could not determine if the 2% fee had been
appropriately remitted to the city which was collected by GTE. GTE
had never bean willing to produce any additional records.
Couno!l Member Miller stated that he had previously asked if the
information had been asked for separately and the answer was no.
He Asked if it was possible to do that. It was his understanding
that, those two issues had never been separated and that the audit
was a complete total audit including the area in dispute.
I
Mayor Pro Tom Brook stated that her recollection of the discussion
was tUat Council Member Miller had asked the auditor from Read
Stowe if he could make that request and his answer was that he
could do that. Could the City ask for documentation that the 2%
which appeared on the phone bill which had been colleoted from the
customers been turned over to the city. That was an important
separate issue.
City Manager Harrell stated that staff had not been directed at
this point to pursue in that manner. Reed Stowe had not been
specifically asked to make an additional request for information
from GTE. There were several pieces of information included in the
list of documents asked for which GTE was unwilling to furnish.
Because of that unwillingness, the auditor, at this point, was j
saying that he could not certify either the 2% nor answer the
question of what should be included in the 2% base. The auditor
would review any information in the list of documents asked for
which from GTE that they felt would help determine whether the 2%
had been paid. Council had not direu•ied the auditors to take that
action.
Mayor Castleberry stated that the city had not received a reply to
the most -recent letter sent to GPE and felt that GTE might be
ignoring the City.
w On roll vote to approve the resolution, Brock "aye's, Cott "nay",
Miller "nay", Chew'1aye", Perry "aye's, and Mayor Castleberry 'lay*".
Motion carried with a 4-2 vote.
C. The Council considered approval of a resolution approving
an interlocal r.greement with the County of Denton for ambulance
services.
City manager Harrell stated that the Council had had a previous
discussion regarding this issue. The formula for this year had
been revised so as to be more beneficial to the City of Denton.
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City of Denton Jity council Minutes ( /7
January 3, 1995 !,//..~/-0 ,1
Page Is 4Z~
Igo? yy
The following resolution was considereds
NO. R95-003
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
Perry motioned, chow seconded to approve the resolution. On roll
vote, Brook "syrell, Cott "aye", Miller "aye's, Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The cotnncil considered approval of a resolution asking
Representative-Elsot Burt Solomons to request an httorney General
opinion regarding the constitutionality of the State's statue
allowing charitable solicitations in roadways (Art. 6701d Sec.
81(o)V.A.C.8).
Acting City Attorney Mike Bucek stated that at a prior council
meeting, Council bad asked staff to pursue an Attorney General's
opinion regarding this issue. Staff had taken the opportunity to
wait until after the November election to make sure who would be
representing Denton. Representative soiomons was willing to pursue
this matter on behalf of the City. This procedure was needed as a
city could only request an Attorney General's opini•,)n on the Open
Records Act. All other requests for an opinion had to be made by
a state official.
Council Member Cott asked why the council would want to do this. I!
Why not write the law and have it challenged or not challenged.
Bucek replied that there was some concern that if the state statute
was invalid and the City passed such an ordinance, it would have
some liability. If the Attorney General ruled that the provision
• was constitutional, the city would have a '„ood faith challenge.
Ken Gold stated that he was glad to see some action on this issue. i
At first he felt it was merely a delaying issue but now saw it as
a favorable means to resolve the issue. Fill-the-Boot was a safe
and effective means to help the MS organization. The problem was
not the state law but the local ordinance.
• • •
The following resolution was considered:
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City of Denton City Council Minutoo
January 3, 1995 f Gj„Q j,! ( 1
Page 19 7
NO. R95-004
A RESOLUTION REQUESTING REPRESENTATIVE-ELECT BURT SOLONONS TO
SEER AN ATTORNEY GENERAI'S OPINION REGARDING THE
CONSTITUTIONALITY OF THE STATE. STATUTE ALLOWING CHARITAOLt
SOLICITATIONS IN THE ROADWAYS (ARTICLE 67014, SECTION SI M
V.A.C.S.); AND PROVIDING AN EFFECTIVE DATE.
Miller motioned, Perry seconded to approve the resolution. On roll
vote, Brook "ayell, Cott tlayell, Miller "Igpo", Chew "aye", Perry
"aye0l, and Mayor Castleberry "aye". MotiotS carried unanimously,
6. The Council considered a nomination to the Keep Denton
Beautiful Board.
Mayor Castleberry indicated that Council Member Cott had previously
nominated Doug Ebersole.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Chew 'lays",
Perry "aye", and Mayor Castleberry "aye''. Motion carried
unanimously.
7. The council considered selection of a Teen Court Board of
Directors.
City manager Harrell stated that this item had been discussed at
the Councils last study session. staff was asking that two
individuals be appointed by the various sponsoring agencies.
Council member Chew suggested the president of LULAC and the NAACP
or their designees.
Council Member Perry suggested Harlan Jefferson.
Mayor Pro Tom Brook asked if Jefferson would have any ongoing
official function as a city staff member.
City Manager Harrell stated that the teen court would be a stand
alone, not-for-profit organization and would be separate from the
City of Denton.
Mayor Pro Tom Brook stated that she was concerned that with the
O appointments suggested by Council Member Chew, tho Teen Court would , O O
be seen as a primarily minority activity. She was not comfortable
with leaving the appointment to be designated "or his designee."
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City of Denton city Council Minutes
January 3, 1995
Page 20
Council Member Miller nominated Dalton Gregory subjeoh to his
acceptance.
Council Member Perry indicated support of the idea by Council
Member Chew but favored only one of the proposed organimW.ons.
Mayor Pro TOM Brook seconded Council Member Parry's recommendation
to appoint Harlan Jefferson to the Board.
Council Member Chew felt that statistics indioated that African
Americans and Mexican Americans would be predominant in the Teen
Court and felt that the Board needed to be represented by one of
those organisations. He nominated Carl Williams to the Board.
After discussion, it was determined that each council Member would
vote twice on the three nominees of Carl Williams, Harlan Jefferson
and Dalton Gregory. If not voting for a nominee, the council
Member would abstain.
On roll vote for Harlan Jefferson, Brook "aye", Cott "aye", Miller
"aye", Chew "aye", Perry "aye", and Mayor Castleberry
On roll vote for Carl Williams, Brock "abstain", Cott "abstain",
Miller "abstain", Chew "aye", Perry "aye", and Mayor Castleberry
"aye".
On roll vote for Dalton Gregory, Brook "aye", Cott "abstain",
Miller "aye", Chew "abstain", Perry "abstain't, and Mayor
Castleberry "abstain".
Mayor Castleberry indicated that Harlan Jefferson and Carl Williams
would be the Board representatives.
8. Miscellaneous matters from the city Manager.
A. The council received a report concerning the latest
honorees added to the Wall of Honor.
city manager Harrell stated that 33 letters had been added daring
the last quarter. Those letters hrd been included in the council's
back-up materials.
® B. There would be no meeting on the 10th of January. I • •
C. The Texas Municipal. League was holding a legislative
briefing on Monday, February 6th. This would be a time for lunch
with Denton's legislative delegation.
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City of Denton city council minutes nr-~ L
January 3, 1993 vs~c1~ , y
Page 21
94 There was no official action i.ken on Closed Meeting Items
considered during the !fork Session.
10. now Business
There were no items of New Business suggested by Council Members
for future agendas.
11. The Council did not oonvone into the Closed Meetinq during the
Regular Session.
With no further business, the meeting was adjourn at 0157 P.M.
BOB CABTLEBERRY, MAYOR
CITY OF DENTON, TEXAB
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO023A
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~ l p r , ~ ~ ! v v~3 A• l~ t~ ~ I
O , ; q ~6 4,,asf' f 4u R tit'{
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CITY OF DENTON CITY COUNCIL MINUTES
January 10, 1995
The Council convened into a Closed Meeting on Tuesday, ,7anuarjf~1~-
1995 at 5:15 p.m, in the Civil Defense Room. .9~~` f~/l
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members `ivJ
Chew, Cott, Perry, Miller and Smith.
ABSENT: Nona
1. The following items were discussed in closed Meeting:
A. Legal Matters Under TFX. GOVT CODE Sec. 551.071
B. Real 1'state Under TEX. GOVT CODE Sec. 551.072
1. Discussion regarding lease of property for
additional parking for the DMC from Union Pacific
Railroad.
C. Personnel/board Appointments Under TEX. GOVT CODE
Sec. 551.074
1. Considered working conditions of part-time and
assistant judges and gave Municipal Judge
direction.
The Council convened into a Special Called Session on Tuesday,
January 10, 1995 at 6:00 p.m.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
R9SEN:': None
1. The Council received a briefing, held a discussion and
considered a motion regarding various requests to TMPA.
Mayor Castleberry stated that last week the Mayor of Garland
invited the mayors of the four cities in TMPA, their city managers,
the chairmen of their utility boards and their executive directors
to meet regarding TMPA. It was felt that, Council needed to meet as
quickly as possible to discuss that meeting. The Garland City
C
heard ouncil met last night and unanimously approved the motion to be
• and a pollrof theTheirBryan would be
that they would so
approve the motion.
City Manager Harrell stated that a memo from Garland Power and
Light, which wa., included in the agenda back-up materials,
represented a summary of the meeting, The first page of that
memorandum enumerated the concerns expressed by the four cities
4 regarding the TMPA operation, The representatives • •
at the meeting
all expressed similar concerns regarding TMPA. The following
statements represented the consensus of the concerns for the
members present. (1) Reduce the cost of power from the TMPA
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City of Denton city council minutes
January 10, 1995l.aL11__.
Page 2,"
7,303 4 L4
resources to the lowest achievable level. Retail wheaiiiiy would
soon be present and in order to survive as a electric utility in
that kind of environment, it was extremely important to be
competitive regarding power rates. The major driving force in that
was TMPA and all four cities concurred that an overriding goal was
to expect TMPA to reduce power costs to the lowest feasible level.
(2) Obtain flexibility for member cities to modify or change
their own power resources according to their individual desires.
That flexibility went back to the power sales contract. (3) Obtain
more direct control over TMPA operations. It wfs his impression
that there was general consensus from some of the cities that in
the past TMPA had operated independently and the cities did not
have oversight regarding the operations. (4) Return 711'A's role
in relationship to member cities to one of a large power plant
which provided power to the cities as opposed to a full fledged
utility operation. After reaching a consensus of concerns, there
was a discussion regarding possible goals which the cities felt
were achievable by TMPA which would speak to the concerns listed.
The four utility directors along with technical staff reviewed the
staffing and operating cost levels of agencies similar to TMPA.
From that information, they develuoed reductions in power costs
which were determined to be achievable if TMPA were committed to do
so. It was felt that the cities should enumerate the goals and let
TMPA and the TMPA Board decide how to meet those goals. Reductions
in the cost of TMPA power included a reduction in staff, a
reduction in power; costs which was keyed in with the timing issue
of change of fuel supply and disposal of the draglines.
Flexibility dealt with removing the restrictions placed on the
member cities by the power sales contract. That restriction bound
the cities to TMPA until a project was offered to the cities which
could be declined. Currently Denton could not upgrade its own
utility system and could not make efficiency changes which would
help keep Denton's own costs down. A second point dealing with the
flexibility dealt with having the city managers, city attorneys and
TMPA Board attorneys meet in two weeks to develop a plan for
submittal to respective boards and councils to remove that
restriction. That could involve an amendment to the power sales
contract and could be concluded within 6U days. There were three
basic goals dealing with control of TMPA. One stated that the
individual city councils would inform TMPA, through their
respective board members, of future actions which were expected of
TMPA. The second item was that the Planning and Operating
Committee would be more involved in the oversight of TMPA's
operating budget. Currently the electric directors were involved
in the oversight and made recommendations regarding the capital
budget of TMPA but not the yearly operating budget. There was an •
attempt to do this three years ago but it was not successful. The
third goal was an acknowledgement that the four city managers
needed to spend more time dealing with Agency concerns, The four
city managers would meet on a regular basis with tt,e TMPA General
Manager as an oversight committee to the operations of TMPA. The
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City of Denton City Council Minutes
January 10, 1995 1
Page 3
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issue of the Agency being a generation plant was more of a
philosophical issue. There was a general acknowledgement that if
the cities expected TMPA to become a power plant, some of the
functions now performed by TMPA would have to be done by the member
cities such as maintaining power lines or serving as a purchasing
function for the Agency. The cities were willing to do r;uuh
provided the TMPA role was limited. A short term calendar was then
developed for implementation of the recommended actions, (1) A
report was to be given to each City Council within two weeks. (2)
Following '-.he report to the various councils, it was hoped that
each cit. council would endorse the goals as articulated by the
representatives from the Garland meeting, (3) TMPA would be asked
to call a special meeting within 30 days to be held in Greenville
to discuss the proposed directives. (4) After the special meeting,
the city managers would be ready to meet with the General Manager
to start the oversight responsibilities. (5) The city managers
and TMPA bond counsel with TMPA management would meet on the
flexibility issue as soon as possible. (6) Within 30 days after
the Greenville meeting, there would be a follow up meeting in
Denton at which time the General Manager and the TMPA Board would
report back on how TMPA expected to follow through the goals
indicated by the cities.
Council Member Cott stated that he approached the issue as money
and electricity. If production were going to be reduced, the sale
of that production had always been the principle way to pay off the
bonds. He felt it was important to be careful on the projection so
that the reduced production did not come back as htn:ier rates.
i
Bob Nelson, Executive Director for Utilities, stated that the
production would actually go up rather than down. The present
price was $.052 per KW hour and the cities asked that that cost be j
lowered to $.?4. one way to do that was to follow a study just 1
completed which converted the power plant to western fuel. One of {
side lightk of converting to a western fuel was to increase the Kw
of the plant.
I
Council Member Cott asked if the four customers were obligated to
• take that.
Nelson replied yes but not immediately. For a majority of the
time, they would be able to do so. Any excess could be sold when
necessary. The western fuel was a low sulphur fuel as opposed to
the current fuel. With this fuel, it would be possible to
eliminate the use of the scrubber as well as the drag lines and
conveyor belts. Western fuel had twice the heat value as opposed • •
® to the current fuel.
Council Member Cott asked if there would be projection of a debt
reduction.
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City of Denton city council minutes
January lo, 1995 OQ~ 7.-
Page 4
S p$
Nelson replied that there would not be a reduction in debt, The
debt would stay the same. The conversion to the western fuel would
cost approximately $33 million. The Agency had in reserve some
resources to handle the conversion,
City Manager Harrell stated that all the cities represented were
unanimous in acknowledging that the cities were responsible for the
outstanding debt and were obligated to pay that debt. The cities
were focusing on the operating costs to get them as low as
possible.
Council Member Cott stated that the current amount of debt would
remain the same.
Nelson replied yes that the debt structure would not change,
Council Member Cott asked for a scenario which would reduce that
debt.
Mayor Castleberry stated that the procedures outlined would get the
cities closer to be able to get a better hanule on the issue.
Mayor Pro Tem Brock stated that one of the proposals to reduce the
cost ei TMPA power was to reduce overhead and demand and would be
left to t1he TMPA Board and management.
Board Mombers felt this was She questioned if the TMPA
hilaso
reduction was related to the
possible, She assumed that this
supply and not as a larger utility,phical shift of TMPA as a power
Tom Harpool, TMPA Board of Directors, stated that it was not known
at this time if the price could get that low. It had been
investigated and felt it was a reasonable goal. If the lower ra4n
Councildwith thathinfor ation. The aengineersMembers
reasonable request,
felt13that return it was to
Mayor Pro Tem oversight omm Brock
tee aasked if by having the avi
h ng the city managers sas an
direction to TMPA Y councils
tronger
would the role of the TMPA Boardibenreduced.
Harpool replied that it would not necessarily be a reduction as the
Board would still be
managers would bran responsible for the actions. The city
them er the g items to the General Manager who would bring
much needed hoapd. the Board looked at it as a supplement and a use past trying to get each citydhaveathe sameE was a problem in the
would help the Board carry out the goals of thelcities. Proposal goas. This
Mayor Castleberry felt that phis would be an instance when the City
Council and its two representatives would be working much closer
with TMPA than ever before.
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City of Denton City Council Minutes
January 10, 1995
Page 5 a 6 O N
Harpool stated that for years there had been a problem that the
four cities could not come to a consensus.
Council Member Miller stated that there had been an indication of
concerns regarding the results of the Burns and McDonnell supply
study. Were those concerns being revisited and how did that tie in
with the goals and recommendations.
Nelson replied that there were two elements of the results which
were of some concern. The first concern, which was addressed in
Item 1B, dealt with the price which Burns and McDonnell expressed
for the power. Their price was approximately $.046 to $.047 per Kw
per hour. There were also approximately $8.5 million of
administrative costs included in that pr'.ce, The second concern
dealt with some of the other options the study looked at such as
closinr, the facility and purchasing external or repower.ing or
putting an efficiency generator with one of the cities power
plants. The kind of facilities and the kind of purchase power
which were selected as the alternatives did not seem to be the f
lowest possible opportunity.
Council Member Miller asked if Burns and McDonnell were still
involved and were they being asked to confirm the results.
Nelson replied that the group did not anticipate to have them
return for any further information. He was certain that the TMPA
staff would ask f.::. their continued advice.
Council Member Miller felt there was an assumption that the cities
were on record for not wanting any additional long term debt but
that it was not indicated so. He felt there was a need to make
that very clear.
Nelson replied that Item 3B would be addressing that issue but that
it might be a good idea to include that very specifically.
Council Member Miller felt that it would be much better if that
were specifically states+,
Harpool stated that. Burns and McDonnell did not include further
reductions as they w,-re not directed to do so. In regards to the
debt, the Board was well aware that the cities did not want to
incur any further long term debt.
Council Member Perry stated that the second objective dealt with
O flexibility regarding native generation. He asked Nelson what he
envisioned that would do to local plants and what impact it would
have on Denton.
i
Nelson replied that it was not known yet. The focus was on having
the flexibility to be able to look at those issues. The City's
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City of Denton City Council Minutes V
January 10, 1995
Page 6...~ l
~ 7ca G y
first generators were installed in 1954 and the last one in 1972.
The technical efficiency of the machines were not as good as some
of the later models and not as good as the technology today. The
flexibility would give the cities the opportunity to redesign the
p'ants to produce better efficiency. Right now the cities could
only do what TMPA wanted to do and did not have any flexibility.
Council Member Chew did not want to add anything additional to the
proposal at this point in time as all four cities had agreed to
what was presented. He felt that perhaps the suggestion by Council
Member Miller could be added later.
Council Member Cott felt that e five year reduction goal in capital
needed to be developed.
Mayor Pro Tem Brock asked for a clarification on changing TMPA from
a power agency to a generation plant.
Nelson Presented an example of the cities taking on more of TMPA's
responsibilities. TMPA had three substations in Denton. The City
had a service crew which visited the City's substations each day
and also checked on TMPA's substations. If TMPA had a failure of
one of their three substations, they would send someone from Bryan
to repair it. Denton had individuals capable to do that and could
provide that service. That was one way to reduce TMPA staff.
Mayor Pro Tem Brock asked for the difference between a power agency
versus a generation agency.
Nelson stated that there were two basic w,,ys to create an agency.
One way was to have several cities come together to build a power
plant or a series of power plants. Each participant bought a
percentage of the power plant and the power from the plant.
Another way was to create an agency which became the umbrella
agency for the group. The cities were not involved in the
production and generation business. When the cities went into this ,
20 years ago, Garland was interested in a full requirements entity.
Greenville and Bryan, at the time, wanted individual participating*
agencies. Greenville and Bryan put in a clause which allowed the
• cities to back out 'hen the next project was selected. The cities
have never gotten to that point and thus never had the opportunity
to come out.
Mayor Pro Tem Brock stated that it was implied from the minutes of
the meeting to return TMPA's role to that of a power plant. Was
that the original role of TMPA which had been lost over the years.
tl • •
2.ity Manager Harrell stated that on that point there was less
specifics articulated than on the other three points. That was
more of a philosophical statement and a willingness to determine if
there were items which could be deleted at the Agency level and
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City of Denton City Council Minutes
January 10, 1995 r~0
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picked up at the member city level. 4 ~KJ
Smith motioned, Cheer seconded approve the plans which the
representative had detailed and endorse their propositions.
Council Member Cott asked what happened as a result of the vote.
City Manager Harrell stated that after the votes of all of the
cities, there would be a special Board meeting as soon as possible
in Greenville to present the goals to the TMPA Board. At that
point in time, TMPA would have 30 days to report back at a special
meeting in Denton on how it would respond to the goals and how to
achieve them.
Council Member Miller stated that he would still like to have a
discussion with the other pities regarding long term debt so that
it was not implied that the cities were not wi?Ling to have any
further long term debt. If that were not in writing, it might be
too late.
Council Member Cott felt that it was necessary to have an objective
of debt reduction.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor. Castleberry "aye". Motion
carried unanimously.
With no further business, the meeting was adjourned at 7:10 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
A CITY OF DENTON, TEXAS
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CITY OF DENTON (.iTY COUNCIL MINUTEST
January 17, 1995
The Council convened into a Closed Meeting on Tuesday, J..a~~. l}~.
1995 at 5:15 p.m. In the Civil Defense Room.
29 0$ cry
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Perry, Miller and Smith.
ABSENT: Council Member Cott
1. The following items were considered in the Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Considered settlement in Gillgspie v. CL
am.
2. Considered settlement in Scott v. City.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
1. Considered working conditions of part-time and
assistant judges and gave the Municipal Judge
direction.
2. Continued the annual evaluations for the City
Manager, Municipal. Judge, Part-time Municipal Judge
and Alternate Municipal Judges.
The Council convened into the work Session on Tuesday, January 17,
1995 at 6:00 p.m. in the council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Perry, Miller and Smith,
ABSENT: Council Member Cott
1. The Council received a report from the SENECA Group, Inc. and
held a discussion concerning the City of Denton's development of a
telecommunications system.
Jim Harder, Director of Electric Utilities, stated that the SENECA
report would cover the City's fiber optic system. A number of
links had been completed between City facilities and they were
currently working on a connection around the perimete: of the City
for the electric substations. They were also develoring plans for
the City's fiber optic system to sell to outside entities. The
consultant was hired to look at a rate structure and the
feasibility of such a program.
Jim Pendergast, SENECA. Group, Inc., presented a summary of the
findings of the system. It was found that the system technology
was current and appropriate, the system design was comprehensive
and flexible, the staff was informed and knowledgeable, sufficient
capacity existed, there was a timely window of opportunity, and
there was a significant community and citizen benefit which
existed. The summary of recommendations included (1) offering the
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January 17, 1995
Page 2
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network service to others, (2) proceeding with a phased approach,
(3) minimizing regulation, (4) supporting the service line by a
dedicated staff, (5) adopting flexible pricing guidelines, (6)
considering a proprietary nature of pricing, (7) focusing on
customer service and marketing orientation, (9) restricting dark
fiber service, (9) acquiring a centralized facility, and (10)
maintainirg dialogue with legislators. A phased approach was
recommended starting in 1995 and ending in 1997-98. Phase I
contained customers from the governmental, educational and medical
fields. There would be a point-to point service with a centralized
facility and full-time staffing. Phase II could include other
carriers and business users and the facilities would have a Bonet
technology with a protected ring dasign. Phase III included a
switch based service and an ATM technology facility. A comparison
was made between a monopoly environment versus a competitive
environment for the pricing approach. It was recommended to use
the competitive environment which was found by taking the market
rate per unit times the number of units to equal the cost. CAP j
success factors included flexible pricing, a high quality network,
responsive customer service and innovative marketing. Guidelines
f;,r CAP tariffs included (1) CAPS price services be at a discount
from the serving telephone company rates with a 20% discount being
the norm, (2) CAPS negotiated rates on an individual case basis
with each customer with future services from the customer or nearby
potential customers being considered, (3) sales agents making
timely pricing decisions based on flexible guidelines, and (4)
rates which were considered proprietary and not published. Tariff
building guideline recommendations included (1) market rates for
competitive services were established within a range with the
telephone company rate being the ceiling and a discount of 20% as
the floor. The %:ate must be sufficient to recover the incremental
cost of provided service to the customer. (2) Market rates for
non-competitive services were established based upon the fully
distributed (total) cost of providing service to the customer. (3)
Hates for services cor.cidered "for the good of" the community and
not within the above guidelines were approved by the appropriate
governing body. (4) Tariffing experience should be reviewed
annually by the appropriate governing body. He felt that the City
had a rare opportunity to develop a comprehensive system which
• would benefit the community in many ways. A small dedicated staff
which only worked on this program was essential.
Council Member Perry asked what would be an example of "services
for the good".
Pendergast replied that an example might be a partnership between
8 a school district and the city by connecting a university with some . ,
of the elementary schools or high schools. University professors
d(,eloping grant programs for the school district would be another
example.
Council Member Miller asked !-f a proforma had been developed in
terms of investment and revenues in a broad sense and not just in
individual customers.
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January 17, 1995
Page 3
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Pendergast replied that this study did not do that due to 'he
recommendation to proceed with a phased approach.
Bob Nelson, Executive Director for Utilities, stated that specific
proformas had not been done at this time. Currently thn
expenditures and the cost to put the fiber system in was being done
under the electric system. The next step would be to return to
council with a preliminary plan on how the system would look.
Council Member Miller asked if the pricing recommendations would be
involve4 with anti-truat laws.
Pendergast replied that at this point in time, it would not be
affected.
Council Member Miller felt that there was a need to make sure that
this point was known due to the legal ramifications.
Mayor Pro Tem Brock asked if it would be possible to make rate
concessions to future companies desiring to locate in Denton.
Pendergast replied that he was not comfortable answering legal
aspects involving rates,
Mayor Pro Tem Brock asked for a time frame when other cities the
size of Denton would be able to provide such a service.
I
Pendergast felt that it would be fairly soon. He was suggefiting a
methodology and a range and guidelines for pricing but not
establish specific prices,
City Manager Harrell stated that another legal issue was whether to l
keep the pricing as proprietary information and not public
information. There was a concern regarding open records and how to
rF:main within the limits of that law. The City would like to have
.flexibility regarding rates but as a governmental agency, it had to
treat like individuals in a like manner.
2. The council received a report and held a W acussion regarding
• the 1995-96 City Council budget priority questionnaire.
Jon Fortune, Chief Finance Officer, stated that each year the
budget office prepared a questionnaire for council. The purpose of
the questionnaire was to receive feedback on Council priorities and
emphasis regarding budget issues, He reviewed the questionnaire
for Council completion.
City Manager Harrell stated that with prior questionnaires, the
rankings of 1-7 provided the Council with an opportunity to
indicate whether or not the current level of service being provided
was appropriate. The mast column on the questionnaire meant in the
whole scheme of city operations, how important was that particular
service in city services.
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City of Denton City Council Minutes aa,, n
January 17, 1995
Page 4..,.
Council Member Miller asked if the ranking N 7
provided was sufficient or meant that the taffing meant wastapthe service
propriate,
He felt it was important to make sure the Council was answering the
items in the same manner.
City Manager Harrell stated that the Council rankings were used to
shape the proposed budget to reflect the priorities established by
the Council.
Fortune asked if there were any items to be added to the
questionnaire.
Mayor Pro Tem Brock asked to have the fiber optics included in the
questionnaire.
Council Member Miller asked if the work in the juvenile justice
area was included and felt it should be included in the
questionnaire.
3, The council received a report and held a discussion regarding
the 1996-2000 Capital Improvement Program budgeting process,
Due to a time constraint, this item was discussed during the
Regular Session tinder Miscellaneous Matters from the City Manager,
The Council convened into the Reguiar Meeting on Tuesday, January
17, 1995 at 7:00 13,m. in the Council Chambers,
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Perry, and Miller,
ABSENT: Council Members: Cott and Smith
1. Pledge of Allegiance
i
The Council and members of the audience recited the Pledge of
Allegiance.
• 2. The Council considered approval of thr minutes of the City
council meetings of November 1, 8, 15, and ~,2, 1994,
Perry motioned, Miller seconded to approve the minutes as
presented. On roll vote, Brock "aye", Miller "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously,
3. Resolutions of Appreciation • •
A. The Council considered approval of a resolution of
appreciation for Rollins Dale Emery.
The following resolution was considered:
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January 17, 1995 C ~~JSJ./rr0~~ .
Page 5
NO, RA95-001 7
RESOLUTION OF APPRECIATION FOR ROLLINS DALE EMERY
Perry motioned, Brock seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye", Motion carried unanimously,
B. The Council considered approval of a resolution of
appreciation fo; Mauro Rodriquez.
The following resolution was considered:
NO, RA95-002
RESOLUTION OF APPRECIATION FOR MAURO RODRIQUEZ
Brock motioned, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye'', Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
C. The Council considered approval of a resolution of
appreciation for Howard Kelly.
The following resolution was considered:
NO. RA95-003
RESOLUTION OF APPRECIATION FOR HOWARD KELLY
i
Brock motioned, Chew seconded to approve the resolution. On roll 1
vote, Brock "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor 1
Castleberry "aye". Motion carried unanimously. i
D. The Counci'. considered approval of a resolution of
appreciation for Joseph Ayers.
The following resolution was considered:
• NO, RA95-004
RESOLUTION OF APPRECIATION FOR JOSEPH AYERS
Brock motioned, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
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E. The Council considered approval of a resolution of
appreciation for Samuel D. Laney.
The following resolution was considered:
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City of Denton City Council Minutes G
January 17, 1995 1•.-_~s„~~J ~_J
Page 6 1 till:f~ s~5,,~
00. RA95-005 34 O& tiq
RESOLUTION OF APPRECIATION FOR SAMUEL D. LANEY
Chew motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", !)i.lier "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
4. Yard of the Month Awards
Mayor Castleberry presented the Yard of the Month awards to:
First State Bank
Mr. and Mrs. James Tritt
Mayor Castleberry presented a proclamation for "Boy Scout Troop 132
Day".
5. Public Hearings
A. The Council held a public hearing with regard to the I
proposed annexation and zoning of a 199.5 acre tract located east
of Mayhill Road and north of Edwards Road. (A-64)
Harry Persuad, Senior Planner, reviewed the annexation schedule
with Council. This was the second public hearing scheduled for the
annexation with final action scheduled for March 21, 1995. At the
last public hearing a concern was expressed regarding an antenna
located on the landfill site. After discussions with the property
owner, it was felt that it might be possible to relocate the tower.
The Mayor opened the
pua2lc hearing.
No one spoke in savor.
No one spoke in opposition.
The Mayor closed the public hearing.
Mayor Castleberry indicated that no action would be taken on this
item at this time.
B. The council held a public hearing 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 and gave staff O
direction. (A-68) ♦ .
Harry Persuad, Senior Planner, stated that at the first public
hearing Council directed staff to look at the possibility of
annexing of some of the property in the area. Staff reviewed the
possible annexation of 900 act-as including the existing homes in
this area with a taxable value of approximately $ 1.9 million. It
was estimated that taxes to be collected on the property would be
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January 17, 1995 I'.1
Page 7 a a r
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approximately $10,600 dollars. The estimate for a bridge across
th-- low water crossing was $950,000 resulting in a net loss of
$83,000 for the bridge and road work. Staff maintained that the
potential risk of the low water crossing far outweighed the
convenience of its use. Four families would have to travel an
additional 1.1 miles to get to Airport Road. The homes on
Underwood Road would not be affected very much by the closing. The
issue dealt with potential dangers of the crossing compared to the
convenience of the residents of four homes. In February of 1994 a
resident was trapped on the crossing and the police had to rescue
her. There had also been one fatality at the crossing. The
inconvenience as a result of closing the crossing was minimal
compared to the potential risk and dangers of the crossing.
The Mayor opened the public hearing.
No one spoke in favor.
Tip Hall stated that he was opposed to the closing for several
reasons. One was for economic reasons. If the road were closed.,
he would have to go on the highway in order to get his farm
machinery to his property. In 1983, a bill was introduced in the
Legis",ture with following support that after a two year period any
property annexed by the City not offered all city services could be
deannexed by petition to the County Judge. There was county
property on each side of this road and taxes were paid by
landowners on each side. He felt that those owners should have
some say on how to use those roads.
Don W. Ford stated that he was a property owner at the site. He
was concerned about what would be done with the road if it were
closed. He felt his property would be devaluated if there was no
through road in the area. He was also concerned about what would
happen to the area once the road was closed.
Persuad stated that if the property were annexed, the area of the
low water crossi.•; wL,.'d be closed.
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A Ford asked what would happen to the closed portion of the goad.
Persuad replied that the City would continue to maintain the road
as it was presently doing.
Ralph Havenhill stated that although there were onl,,four families f
which would be nost affected by the closing, justice could not be
e done in terms of numbers. Fie asked the Council to be responsible 0
and to explore every avenue before closing the road. He felt that
the road should be kept open and maintained in the beat possible
condition.
Robert Hammer stated that two weeks ago many people spoke at the
public hearing and gave many reasons why the road should not be
closed. One Council Member stated that he was concerned about
incurring the costs for the taxpayers for a few non-taxpayers. He
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January 17, 1995
Page 8j
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stated that petitions were submitted to Peterbilt and Tetrapack and
those using the road who would be affected by the closing of the
road. He felt the issue was not just for those who lived in the
area but also for those who used the road on a daily basis. The
Texas constitution provided that no person's property would be
taken, damaged or destroyed, for or, applied to public use, without
adequate compensation being made, Property had been damaged for a
public use within the meaning of the Constitution when access was
materially and substantially impaired even though there had not
been a deprivation of all reasonable access. Even though the
alternative route allowed access and might be reasonable access,
there would be many individuals materially and substantially
affected by the closing of the road.
Teri Meador presented petitions from individuals who used the road
and who were in opposition to the closing of the road.
Jackye Havenhiil stated that this road was a legacy which she would
like to keep for the community. This was a place of beauty which
would be shut off from the community. While the residents did not
pay taxes to the City of Denton, they were a part of Denton and she
did many volunteer activities for the City of Denton. She asked
that the road be maintained and kept opened.
The Mayor closed the public hearing.
No action was needed on this item at this point in time.
6. The Council considered exaction variances to Sections 34-114
(5) (perimeter street paving) and 34-114 (17) (sidewalks) of the
subdivision and Land Development Regulations associated with the IJ
platting of 7 lots on a 138.875 acre tract of land on the north
side of Jim Christal Road at its intersection with Egan Road. (The
Planning and Zoning Commission recommended 5-1 to approve the
variance, conditioned on $37,800 of street improvements to Jim
Christal being completed by the developer.)
This item was withdrawn from consideration,
• 7, Consent Agenda
Mayor Castleberry indicated that a Speaker Card was presented for
this item.
Joe Dodd stated that he was against the contracts which the Council
was considering for ambulance services with smaller area cities.
• He felt that that would leave the City shorthanded on fire fighter •
personnel. He was not certain the City could fulfill such
contracts with current personnel.
Mayor Castleberry indicated that as there was a concern regarding
this item, it would be voted on separately from the other Consent
Agenda items,
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City of Den"or, City Council Minutes
January 17, 1945
Page 9
Perry motioneC, Miller seconded to approve Consent Agenda Items A
and B. On rol; Vote, Brock "aye", hiller "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Miller motioned, Perry seconded to approve Consent Agenda Item 7C.
Council Member Miller indicated that he too was concerned about
fire coverage. These contract were renewal contracts and were not
new contracts. These arrangements were part of an on-going
situation and to discontinue these contracts would be unfair to
t-ose cities. These contracts were taken into consideration with
current staffing.
On roll vote, Brock "aye", Miller "ayn", Chew "aye", Ferry "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
A. Bids and Purchase orders;
1. Bid #1705 - Large Document Copy Machine
2. Bid 11693 - Fleet Services
B. Fe e.3
1. Upper Trinity Regional Water District
C. Contracts
1. City of Shady Shores - Ambulance Services
2. City of Ponder - Ambulance Services
3. City of Hick,ry Creek - Ambulance services
4. City of Se jer - Ambulance Services
5. City of Krum - Ambulance Services
6. City of Argyle - Ambulance Services
8. Consent Agenda Ordinances
Council considered Conse,c Agenda Ordinances 8A-8C.
Brock motioned, Porry seconded to approve Consent Agenda Ordinances
8A-8C. On roll vote, Brock "aye", Miller "aye", Chew "aye", Perry
• "aye", and Mayor Castleberry "aye". Motion carried unanimously.
A. NO. 95-009
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE, (7.A.1. - Bid #1705) • •
B. NO. 95-01,0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY
FOR ADMINISTRATIVE AND PROJECT FEES AS PER CONTRACT AGREEMENT
WITH UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN
EFFECTIVE DATE. (7.8.1.)
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January 17, 1595 C [n!~~! ~~-/7
Page 10
C. NO. 94-011
AN ORDINANCE AM04nT.IG ORDINANCE 140. 95-001 RELATING TO THE
AWARD OF BID NUMBER 1693 FOR THE PURCHASE OF FLEET VEHICLES TO
PROVIDE FOR THE PURCHASE OF AN ADDITIONAL PICKUP BID ITEM #1;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE. (7.A.2. - Bid #'1693)
9. Consent Agenda Resolutions
Council considered Consent Agenda Resolutions 9A-9F.
Brock motioned, Perry seconded to adopt the Consent Agenda
Resolutions 9A-9F. On roll vote, Brock "aye", Miller "aye", chew
"aye", Perry "aye", and Mayor Cai;tleberry "aye". Motion carried
unanimously.
A. NO. R95-005
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT 1
BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. (7,C.1.)
I
B. NO. R95-006
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. (7.C.2.)
C. NO. R95-007
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE, (7.C.3.)
D. NO. R95-008
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AURF'MENT
• BETWEEN THE CITY OF DENTON AIJD THE CITY OF SANGER FOR
AMBULANCE SERVICES; AND DECTARING AN EFFECTIVE DATE. (7.C.4.) S
E. NO. R95-009
A RESOLU'T'ION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND TF;F CITY OF KRUM FOR AMBULANCE
• SERVICES; AND DECLARING AN EFFECTIVE DATE. (7.C.5.) • •
F. NO. R95-010
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN TH,' CITY OF DENTON AND THE CITY OF ARGYLE FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. (7.C.6.)
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January 17, 1995 l~- h
Page 11 cY- .,J
340 4 ti
10. Ordinances
A. The Council considered adoption of an ordinance
authorizing the expenditure of funds in es ie v. C -v
Duton.
The following ordinance was considered:
NO. 95-012
AN ORDINANCE OF THE CITY OF DEE-ON, TEXAS, AUTHORIZING THE
EXPENDITURE OF FUNDS IN GILLESPIE V C~T~ U~ pENTON; AND
PROVIDING AN EFFECTIVE DATE,
Brock motioned, Clew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye',, Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance
authorizing the expenditure of funds in Scot_t_v_, city. of Denton.
The following ordinance was considered:
NO. 95-013
AN ORDINANCE ku,rHORIZING THE LAW FIRM OF WOLFE, CLARK &
HENDERSON TO SETTLE THE CASE STYLED SCOTT V. CITY OF D TON;
AUTHORIZING THE EXPENDITURE OF FUNDS PURSUANT TO THE AGREEMENT
FOR JUDGEMENT; ',hD PROVIDING AN EFFECTIVE DATE.
Brock motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", M'.ller "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously,
C. The Council considered adoption of an ordinance directing
the publication of Notice of Intention to issue General Obligation
bonds of the City of Denton.
• Harlan Jefferson, Dir,3ctor of Fiscal Operations, stated that the
ordinance provided for the notice of intent to issue gem -al
obligation bonds for $1,610,000. The actual sale date woulu oe
February 21, 1995. The projects to be funded were for struts,
drainage and parks and recreation projects. A detailed listing of
all of the projects were approved in 1994-95 CIP program.
The following ordinance was considered: • •
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NO. 9.5-014
AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLTCATIOV OF NOTICE
OF SALE OF CITY OF UENTON GENERAL OBLIGATION BOND:;.
Perry motioned, Chew seconded ti adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", C;)ew "aye", Perry "aye", and Mayor
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City of Denton City Council Minutes Q5: 0 ~
January 17, 1995
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Page 12J- -.2-1•1
4011
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Castleberry "aye". Motion carried unanimously.
DI The Council considered adoption of an ordinance directing
the publication of Notice of Intention to issue Certificates of
Obligation bonds of the City of r,enton.
Harlan Jefferson, Director of Fiscal operations, stated that the
ordinance provided for the notice of J.ntent to issue certificates
of obligation in the amount of $2 million. As with the
certificates of obligation, the actual sale date was February 21,
1995. The projects to be funded would be the development of a new
landfill and associated projects as well a>> the issuance costs of
the bonds. The projects were `unded in tho CIP program for 1994-
95.
The following ordinance was considered:
NO. 95-015
AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON.
Perry motioned, Miller seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye", Motion carried unanimously,
E. The Council considered adoption of an ordinance
delegating authority to the city Manager to temporarily close
streets for block parties and other social events in the public
interest provided no police or fire hazard was create,' by such
closure.
Veronica Oglesby, Administrative Assistant, stated that at Council
request staff had investigated streamlining the process for street
closings which currently required Council approval. This ordinance
delegated authority to the City Manager tc temporarily close
streets for bock parties and other events in the public interest
providing no fire or pol'ce hazard was created. Events requiring
• exceptions to the noise ordinance or other special considerations
would still come before the Council,
The following ordinance was considered:
NO. 95-016
• AN ORDNANCE OF THE CITY OF DENTON, TEXAS DELEGATING AUTHORITY • r
TO THE CITY MANAGER TO TEMPORARILY CLOSE STREETS FOR BLOCK
PARTIES AND OTHER SOCIAL FUNCTIONS IN THE PUBLIC INTEREST
PROVIDED NO POLICE OR FIRE HAZARD IS CREATED BY SUCH CLOSURE;
AND DECLARING AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously,
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January 17, 1995 C), )
Page 13
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F. The Council considered adoption of an ordinance amending
portions of ordinance 94-153 which prohibits the parking of
vehicles on certain portions of Railroad Avenue and East Hickory
Street near the Denton Municipal Complex. (The Traffic Safety
Conmissi.in recommended approval.)
Rick Svehla, Deputy City Manager, stated that this ordinance would
change some of the parking around the Denton Municipal Complex to
one hour parking to make a high turn over area east of the Police
Station. There would be one adjustment at the northeast corner of
Hickory which would reduce the parking spaces to nine spaces.
The following ordinance was considered:
NO. 95-017
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF ORDINANCE 94-153 WHICH PROHIBITS THE PARKING OF VEHICLES ON
CERTAIN PORTIONS OF RAILROAD AVENUE AND EAST HICKORY STREET
NEAR THE DENTON MUNICIPAL COMPLEX; PROVIDING A PENALTY OF A
FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A
SEVERABILITY CLAUSE; REPEALING ALL ORDINANCE IN C014FLICT
HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN
EFFECTIVE DATE.
Miller motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
11. Resolut,ons
A. The Coik.cil considered approval of a resolution creating
a Juvenile Crime Interagency Coalition to promote understanding,
facilitate coordination and cooperation among agencies involved
with issues related to juveniles.
Harlan Jefferson, Director of Treaoury operations, stated that this
resolution was designed to create the Juvenile Crime Interagency
Coalition. Section I of the resolution dealt with the creation of
0 the Coalition, Section II dealt with the charge of the Coali+,lon,
Section III dealt with the composition of the Coalition, The
composition of the coalition was identical to the one used by the
Juvenile Diversion Task Force. He had contacted those individuals
echo were on the Task Force to see if they would be willing to serve
on the Coalition. Those who agreed were identified in the backup
materials. He recommended contacting the agencies listed who did
® not have a representative at this time and ask for the name of a
representative, The City departments identified in the resolution
! would refer names to the City Manager and the council would appoint
/ the at-large members who did not agree to continue to serve. The
fourth section dealt with the term of office which was annually to J
allow t:ie appointment of new members if necessary, The last
section dealt with the selection of a chairman.
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City of Denton City Council Minutes C r
January 17, 1995
Page lA
The following resolution was considered:
NO. R95-011
A RESOLUTION CREATING THE JUVENILE CRIME INTERAGENCY COALITION
TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL
RELATING TO THE NEED FOIt ADDITIOI4AL COORDINATION AND RESOURCES
TO BE CONTRIBUTED TOWARD THE REHABILITATION OF JUVENILE
OFFENDERS; AND PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", chew "aye", Perry "aye", and Mayer
Castleberry "aye". Motion carried unanimously.
12. Vision Update
Council. Member Miller indicated that the Cabinet held a meeting on
January 11, 1995. The Cabinet was still working with the
information received from the impact groups with four major areas
to be included. That information would then determine how to
redesign the impact groups or what information would be presented
to them.
13. Miscellaneous matters from the City Manager.
Council considered Work Session Item #'3.
3. The Council received a report and hold a discussion regarding
the 1396-2000 Capital Improvement Program budgeting process.
Jon Fortune, Chief Financial Officer, presented the budqet calendar
for the CIP process. It was felt that a committee would need to be
appointed late this year as the City would be out of bond i
authorization this year. '
Council Member Miller asked if the Council adopted a CIP budget by
T September, would there have to be a bond issue prior to that time.
0 City Manager Harrell replied no but that a bond issue would have to
be done in order to : :d any of the CIP formed during the next
fiscal year. Until the election and until the bonds were sold,
none of the projects could be started.
Mayor Pro Tem Brock stated that the citizen committee would not be
formulating the list of projects from the ground up. There would
® be a list already formulated. • 0
City Managr.r Harrell stated that if Council followed the procedure
used 1986, Council would appoint a committee which used the
recommended CIP as a starting point and then could recommend
modification to thR program prior to the finalization and submitted
to the voters.
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City of Denton City Council Minutes J V O
January 17, 1995
Page 15
4308 uq
Mayor Pro Ter Brock suggested sending letters to official
neighborhood associations regarding the process.
A. The Council considered an appointment to the Community
Liaison Committee in conjunction with the Safety-Kleen Recycle
Center.
City Manager Harrell stated that Council had received a letter from
Safety K1een asking for one Council representative to serve on its
committee,
Council Member Miller volunteered to serve on the committee.
Consensus of the Council was to have council Member Miller serve on
the committee.
B. The Council received an update on the Bond Rating Trip.
City Manager Harrell stated that at the last Council meeting,
Council Member Chew had been designated as the Council
representative for the bond trip. Council Member Chew had declined
to attend and Cou,,cil Member Miller would be attending in his
place. This item was to inform Council of that change.
Consensus of the Council was to approve the change.
C. There would be a Henry G. Cisneros Symposium February 3-4
in San Antonio if any Council Member desired to attend.
D. TMPA had announced the elimination of 57 staff positions
effective January 30, 1995, it was felt that the Agency was
attempting to take steps to try and reduce costs.
14. The following action was taken on Closed Meeting Items
discussed during the Work Session;
Perry motioned, Chew seconded to grant merit raises effective April
15, 1994 to the City Manager Lloyd Harrell in the amount of 5%; to
the Municipal Judge Sandra White in the amount of 6$ to t
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Permanent Part-Time Municipal Judge Debra Drayovitch in the amount
of 0; to the Part-time Municipal Judge Tanya Cooper in the amount
of 4%; and to the Part-time Municipal Judge Robin Ramesy in the
amount of 4%. On roll vote, Brock "aye", Miller "aye", Chew "aye",
Perry "aye", and Mayor Castleborry "aye". Motion carried
unanimously.
• 5. New Business • •
There were no items of New Business suggested by Council Members
for future agendas,
16. The Council did not meet in a Closed Meeting during the
Regular Session.
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City of. Denton City Council Minutes
January 17, 1995
Page 16
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With no further business, the meeting was adjourned at 8:25 p.m.
BOI' CASTLEBF,RRY,~MAY01
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC00245
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DATE: February 22, 1995 AgiAdSM4.
AgendalIa
CITY COUNCIL REPORT Date '21 off/ -9.
TO: Mayor and Members of the City Council 1
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Amendment to Condition No. 3 of Ordinance 84-50
RECOMMENDATION:
(See attached report.)
sUMIAgY
(See attached report.)
BACKGROUND:
(See attached report.)
PROGRAMS DIPMMENTS OR GROQ AFF„X TF.D:
Parke & Recreation Department, Greenway policy.
FISCAL IMPACT:
None currently.
Respaotf ly submitted:
4
Prepared by: to d V H
arrell, City Ma agar
G. Owen Yost, n Planner
Approved:
• •
an H. Rob ins CP
Executive Direca0
of Planning and Development
AXX00769
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PLANNING AND ZONING CONMIBSION REPORT + " O io
Tot Mayor and Members of the City Council
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Case No.t Z-94-031 Meeting Dates February 21, 1995
GENERAL INFORMATION
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Applicants City of Denton
Current Ownert Numerous
Requested Actions Amend Condition no. 3 of Ordinance 84-50
(adopting Planned Development 72) to
allow the public maintenance of flood
plain open space.
Location and Sizes A 9.15 acre tract east and adjacent to
Locust street and north of Rell Avenue.
The entire development encompasses
127.484 acres located roughly near the
confluence of Windsor, Locust, Hercules
and Bell Avenues, sce attachment 1.
surrounding Lane! Use and sonings
North: Single family homes and lots, PD 72.
South: Single family homes and lots, Bell Ave-
nue, PD 72.
East: Flood plains of Cooper Creek, PD 72.
West: Locust Avenue, Evers Park, and apartment
in PD 63.
• Denton Development Plans
Low intensity area.
SPECIAL INFORMATION
e • •
Transpottationt
There would be no negative impact on the transportation
infrastructure. The pedestrian bridge spanning the stream has
been upgraded by the previous owner to carry expected loads.
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Case No. Z-94-031
February 21, 1995
Page 2 v
Utilitiess
There would be no negative impact on any utility infrastruc-
ture.
Drainag*s
There would be no negative impact on the drainage infrastruc-
ture.
BIBTORY
The Planned Development was created in 1984 by Ord, 84-50,
Attachment 2 depicts the approved concept plan of the site,
At the time, condition 3 stated that "the floodway/open apace
area..i , landscaped cul-de-sacs and entries shall be privately
maintaned."
The City now encourages the voluntary contribution of park
land. The City has been given 9.65 acres of land in the
course of platting Cooper's Landing, Sections 3 and 5. This
9.65 acres could be a key segment in a Cooper Creek greenway.
Accordingly the city will be maintaining it.
NOTIFICATION
On 12/22/94, 281 property owners were notified of the proposed
amendment, At this writing nine replies have been received in
mipsunderstandand ingf about the favor.
sc scope no of ithe eam ndment esstsome
aff
mailed letters clarifying the proposal. A number of property
owners came to the public hearing at the P&Z Commission, but
upon learning of the scope of the amendment expressed no
concern and left, not vpeaking during the public hearing,
• ANAL 1 '.I8`
The proposed amendment would not commit the City to maintain f
any site for which an agreement has not been reviewed and
accepted. Nor does it change any land use.
There will l,e no change in the intensity of the study area.
6 • •
The proposal is consistent with the Denton Development Plan ~
Greenway policy.
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Case No. Z-94-031
February 21, 1995 q la
Page 3 J
RECOMMS3ATZOk
The commission recommends the following languages be adopted
amending PD 72:
3.
shall be Landscaped sac 's and entries
privately maintained. The City of Denton must
review and approve a written proposal or agreement
outlining rpecific maintenance responsibilities before
building permits are issued.
NOTE: Existing language with deletion lined out and additions
underlined.
ALTERNATIVES
1. Approve application as proposed.
2. Approve application with additional conditions.
3. Deny application, f
4. Postpone consideration. !
ATTACHMENT$
1. Location Map.
2. 1984 Concept Plan.
3. Condition No. 3 (existing).
4. Draft ordinance.
5. P&Z Minutes.
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PD-72 LOCATION MAP
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ATTACHMENT 2 So~ IQ
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AFFECTED AREA
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ATTACHMENT 3 can `
a dietae
127.332 acrid of 2526 l.ogic32. legit to the place of bsgtanin= j loo ~f~
TRACT 21 All that certasa tract or parcel of load situa *4 in the
CI'I-T`6 C.R.R. Comp48y Survey, Abstract too. 146 in the City and
ount of Dectoe, Texas; the said tract hotel a part of the called
40.49 acre tract doscrtb4d in the deed from J. Kevtoe Radar to
Jodie Nsvtoo Rater, at al recorded in Volume Al, Pala 633 of the Coun particularly 0 ocribednas foltlo'vaTfxad; the said tract b4ieg more
SCCINNINC for the southwest career of the tract bolo
hereto, at an trod rod oat for the southwest corner of °rhe `said
40.491 acre tract, said point betdl to the seat right-of-vay line
of p.N. Nighvoy 2164 (North Locust treat
TRW Z earth '00" east with the east right-of-way lice of
2''N. 21" AuW the vast 1184 of the said 40,491 acre distance of 410.97 feet to as from rod aft is the south lraot e
Windsor Drive as 80eum40ted od the ground; !04 of
diTIMXatance uth434• i40 ,t0ft to an the south line of_ Windsor Drive a
the tract dfseribsd to the deed `pro: J sse dN°ewton OAxor, at of to
Denton Indepsadeat School District recorded to Volume 333, page f
534 of the said Dead Records;
rUNCt south 00053'04" vast with the vest lint of the said Denton
Iddapsndsat School District tract o distanes of 413.)1 asst to an f
iron rod found at so angle point is " south line of ttte said
40.691 fore tract;
TN[NCI north 49'19100" vest with the south lima of the said 40.491
' flit toatheaplace a baltaalagpand emolosteS 4 132 acres4of_ lan434d.65
to harob ehan$ed from yyrt ultural "A" District Claosifteatica
Usa to >tIadded Developeaa~ ' D' District classification and use,
udder the Compnh4natw 2oai84 Ordinaace of the City of Denton,
Texas with the folloviag eoddttions and apecifieatiods:
1. Sixty (60) feet of right-of-vay shall be dedicated for bell
Avenue.
2. Real utility layout) $treat fitgafoot, curb cut and
driveway locattoos, mad overall placed for cease shall be
determteed during the site plrw approval fed/or plat
proaessia at s.
3. The floodwt"on speed area (with ergs ttoe of the dralaag4
chaedel), laedsey 4d cut-d*•aacs aert be
privately maintained. The City of D4otom tm at r vtw and
approve a vrittes provcoal or a reasont mutilates specific
e uintenaaa respossioliliti0 IoTre bufldlas p4rmits are
issued.
A Dust DUPLUcoffofofrroati with morsel City of 7 Dom sooLas osto rdinan
requirevanto.
S• tagt4 luny sscttot dell comfort to 91.1 rectos ordinance.
standards. • •
® 6. Uolesd othervis4 *proved at multti-faatll1rr saettom shall part t vith pwpmsel, the
Ord unto oiaadards. 1 aoeing
1. Specific site plan approval is waived for All two family
and siaglf family load use; specific site plan approval is
_.3 9.
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ATTACHMENT 4 !7,5
~C~Ip
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTOM, TEXAS, AMENDING CONDITION
NUMBER 3 OF PLANNED DEVELOPMENT NO. 72 ;PD-721 AS DEFINED IN
ORDINANCE 84-50, TO ASSUME RESFONSIBILITY OF THE FLOODWAY/OPEN
SPACL AREA THEREIN LOCATED; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The City of Denton, Texas has applied for an amendment
to Planned Development No. 72 (PD-72), as defined by Ordinance No,
84-50, to amend condition 3 within said ordinance, by assuming
responsibility for the floodway/open space area therein located;
and
WHEREAS, on January 25, 1995, the Planning and Zoning Commis- `
sion, after a public hearing, recommended approval of the requested
changes; and
4MERFAS, the City Council finds that the proposed amendments
will be in compliance with the Denton Development Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance No. 84-50 (PD-72), providing appro-
val of a planned development zoning district classification and use
designation for 127.484 acres of land, is hereby amended with
respect to condition 3 therein to read instead as follows:
3. Landscaped cul-de-sacs and entries shall be private-
ly maintained. The City of Denton must review and
approve a written proposal or agreement outlining
specific maintenance responsibilities before build-
ing permits are issued.
SECTION 2I. That the provisions of this ordinance govern and
control over any conflicting provision of Ordinance No. 84-50, but
b all the provisions of -rdinance No. 84-50 as they apply to that
remaining portion of the PD zoning district classification and use
designation not herein amended, shall continue in force and effect
and shall apply to the remainder of said district.
SECTION III., That a copy of this ordinance shall be attached
to Ordinance No. 84-50, showing the amendment herein approved.
• SECTION IV, That any person violating any provision of this •
ordinance shall, upon conviction, be fined a sum not exceeding
1 $2,000.00. 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 fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
•
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of the City of Denton, Texas, within ten (10) days of the date of
its passage.
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
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P & Z Minutes ATTACHMENT 5
January 25, 1995
Page 40
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it in a negative way and it is something that I do not feel
good about at all. I do feel that it is for the good of the
community and it is appropriate for so to make a motion that
we grant a specific use permit of 199.5 acres located in the
Gideon Walker Survey north of Edwards Road and east of Mayhill
be Road. My
negatively pi patted by this oanthose of d anyone you u mowho are re than gwelcome
to give me a call if they want to discuss this in length at
any time.
Ms. Schertz: I'll second.
Ms. Russell: Any other discussion or questions? All in favor
of the motion please signify by raising your right hand. All
opposed same sign. Approved. (5-0) Mr. Cooper was not
present for vote.
Mr. Cooper returned to Chambers at 8:18 p.m.
III. Consider an amendment to Condition No. 3 of ordinance 84-50,
concerning park land/open space ownership and maintenance.
The area affected by this amendment is the flood plain of
Cooper Creek east of Locust and north of Bell Avenue.
Mr. Robbins: I would like to refer to page 36 of your backup
which is the recommendation. The Planning and Zoning
commission held a public hearing and then directed staff to
come forward with the exact language of an amendment to an
existing PD. You see the exact language in the PD on that
page. The recommendation is to eliminate in that standard
its' applicability to flood plain and open space area. If you
look at page 38 of the backup that is the site plan of the
original PD-72 and shows the area for which that standard
applies. That land is owned by the city and was acquired
through the Denton Development Plan Policy that speaks about
• using the flood plain and an open space, greenbelt manner.
The city also has a policy of requesting that the land be
dedicated to the city and that has been done. There have been
a number of notices made and there was a good bit of concern
with respect to the multi-family. This amendment does not
affect that land use area. A number of people came to the
public hearing and when they found out what we were doing you
• did not hear from them. This is simply an ordinance • •
amendment.
Dr. Huey: I would like to thank you for this and it is very
helpful to see exactly what it is about. I move that we amend
condition number three of Ordinance 84-50, Adopted Planned
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January 25, 1995 ]
Page 41 )Oq
Development 72 to allow the public maintenance of flood
plzin/open spare.
Mr. Cooper: I'll second.
Me. Russell: Any discussion? All in fa.ior raise your right
J hand. All opposed same sign. Approved. (6-0)
IV. Consider an ordinance amending Section 34-115 of the Code of
ordinances allowing up to a 30 foot driveway width for single
and two family residences with three car garayss.
Mr. Salmon: Madam Chair and members of the commission in
October the Traffic Safety Commission met and they recommended
that we increase our maximum driveway width for single family
and duplex driveways from twenty feet to thirty feet in the
event that the particular home would have a three car garage.
We have had a lot of variances in the last few years in cases
where we have homes with three car garages especially where
the three car garage would face the street. Our Zoning
ordinance is such that it is possible to put the face of a
garage as close as ten feet to the property line. Typically
they are further back but they can be as short as twenty-five
feet. When you have a three car garage facing the street and
only a twenty foot opening that only gives you twenty-five
feet after you pull in the driveway to move over into another
bay. Normally we don't advocate large driveways because in
most instances they can actually create sloppy traffic
movements, but in the case of these residential areas and
single family homes which are relatively low traffic
generators we feel that normal fear is offset by being able to
allow people to maneuver on and off the street in a normal
matter. I have a view graph of some possible situations that
could happen and how this would be resolved with the thirty
foot driveway. You have an instance here where you have two
• cars in the driveway and if you have a third bay but you only
have a twenty foot opening and the garage face happens to be
only ten feet from the property line which would be possible.
So if you have two cars parked there in the driveway it is
virtually impossible to pull into the driveway and get a third
car into the garage. The green line shows where a drive
approach could be if this particular ordinance was amended.
• You have a similar situation across the street where these • •
people to center their driveway on the garage door. As you
can see you have a car parked in the driveway and it makes it
kind of difficult to get into either side bay. You can see
that with a twenty-five foot setback it isn't quite as severe
and this is probably a more typical situation that we see.
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Cf Y of DENTON, TEXAS MUNICIPAL 6U1LDING d 215 F. WKINNEY's DENTON, TEXAS 76201
i
(817) 5668200 , D W METRO 4342628
MEMORANDUM
DATE: February 16, 1996
TO: Lloyd V. Harrell, City Manager
FROM: Harlan L, Jefferson, Director of Fiscal Operation//
SUBJECT, CERTIFICATES OF OBLIGATION, SERIES 1996 '
On February 21, 1996, David Medanich from First Southwest Company and L. E.
(Ted) Brizzolara, III, from McCall, Parkhurst and Horton w0l open the bids we receive
regarding the City of Denton's Certificates of Obligation, Series 1996. The process
of opening sealed bids publicly and tabulating them before the City Council Is required
by the City Charter.
The 82,000,000 in Certificates of Obligation are being Issued primarily for the
development of the new landfill and associated projects. All the projects that will be
funded were previously approved in the 1994-96 Capital Improvement Program (CIP),
Attached is a copy of the appropriate ordinance authorizing the Issuance, sale, and
delivery of the City of Denton Certificates of Obligation, Series 1996.
If you have any questions, or need more specific information, please advise.
•
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AFFOODOO
"Dedicated to Quality Service"
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ORDINANCE NO. 95-_ _ `L r~ Zp
ORDINANCE
AUTHORIZING THE ISSUANCE, SALE, AND DELI r'ERY OF CITY OF DENTON
CERTIFICATES OF OBLIGATION, SERIES 1995, AND APPROVING AND AUTHORIZING
INSTRUMENTS AND PROCEDURES RELATING THERETO
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, the Certificate of Obligation Act of 1971, as amended an.9 codified (the "Act")
permits the City to issue and sell for cash the Certificates of Obligation hereinafter authorized; and
WHEREAS, the City has duly caused notice of its intention to issue the Certificates of
Obligation hereinafter authorized to be published at the times and in the manner required by the Act
and no petition has been filed protesting the issuance thereof.
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS THAT:
Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. The certificate o
certificates of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and
delivered in the aggregate principal amount of 52,000,000, FOR THE PURPOSE OF PAYING ALL
OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS INCURRED PURSUANT
TO CONTRACTS FOR THE PURCHASE OF CERTAIN REAL AND PERSONAL PROPERTY,
TO-WIT: CERTAIN REA? PROPERTY FOR USE IN CONNECTION WITH THE CITY'S
LANDFILL OPERATIONS LOCATED ON EDWA.RDS ROAD AND CERTA.TN 'ACILITIES
AND EQUIPMENT RELATED TO THE CITY'S LANDFILL OPERATIONS; AND ALSO FOR
THE PURPOSE OF PAYING ALI, OR A PORTION OF THE. CITY'S CONTRACTUAL
OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ATTORNEYS, AND
FINANCIAL ADVISORS IN CONNECTION WITH THE ABOVE CONTRACTS AND SAID
CERTIFICATES OF OBLIGATION.
Section 2, DESIGNATION OF THE CERTIFICATES, Each certificate issued pursuant to
this Ordnance shah be designated; "CITY OF DENTON CERTIFICATE OF OBLIGATION,
f SERIES 1995", and initially there shall be issued, sold, and delivered hereun6e;f a single filly
registered certificate, without interest coupons, payable in installments of principal (the "Initial
Certificate"), but the Initial Certificate may be assigned and transferred and/or converted into and
exchanged for a like aggregate principal amount of fully registered certificates, without interest
coupons, having serial maturities, and in the denomination or denominations of"55,000 or any integral
multiple of $5,000, all in the manner hereinafter provided, The term "Certificates" as used in this • •
• Ordinance shall mean and include collectively the If :tial Certificate and all substitute certificates ex-
changed therefor, as well as all other substitute certificates and replacement certificates Issued
pursuant hereto, and the term "Certificates" shall mean any of the Certificates.
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Section 3, INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL
REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE.
(a) The Initial Certificate is hereby authorized to be issued, sold, and delivered hereunder
as a sin.3le fully registered Certificate, without interest coupons, dated February 15, 199, In the
denomination and aggregate principal amount of $2,004,000, numbered R-1, payable in annual
installments of principal to the initial registered owner thereof, to-wit:
or to the registered assignee or assignees of said Certificate or any portion or portions thereof (in
each case, the "registered owner"), with the annual installments of principal of the Initial Certificate
to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the
FORM OF INITIAL CERTIFICATE set forth in this Ordinance,
(b) The Initial Certiflcate (1) may be assigned and transferred, (ii) may be converted and
exchanged for other Certificates, (iii) shall have the characteristics, and (iv) shall be signed and sealed,
and the principal of and interest on the Initial Certificate shall be payable, all as provided, and In the
manner required or indicated, in the FORM OF INITIAL CERTIFICATE set forth In this Ordinance.
Section 4. INTEREST. The unpaid principal balance of the Initial Certificate shall bear
interest from the date of the Initial Certificate to the respective scheduled due dates of the installments
of principal of the Initial Certificate, and said interest shall be payable, all in the manner provided and
at the rates and on the dates stated in the FORM OF INITIAL CERTIFICATE set forth in this
Ordinance.
Section 5. FORM OF INITIAL CERTIFICATE. The form of the Initial Certificate, including
the form of Registration Cettiflcate of the Comptroller of Public Accounts of the State of Texas to
be endorsed on the Initial Certificate, shall be substantially as follows:
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FORM OF INITIAL UK(FICATE 14 O'b sl~
NO. R-1 $2,000,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON CERTIFICATE OF OBLIGATION
SERIES 1995
THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political
subdivision of the Slate of Texas, hereby promises to pay to
or to the registered assignee or assignees of this Certifleate or any portion or portions hereof (in each
case, the "registered owner") the aggregate principal amount of
$2,000,000
(TWO MILLION DOLLARS)
in annual installments of principal due and payable on FEBRUARY 15 in each of the years, and in
the respective principal amounts, as set forth in the following schedule;
PRINCIPAL, PRINCIPAL
3TM -AQt lL )TAR AMOUNT
1997 $ 55,000 2007 $105,000
1998 60,000 2008 115,000
1999 65,000 2009 120,000
2000 65,000 2010 130,000
2001 70,000 2011 135,000 t
2002 75,000 2012 145,000
2003 80,000 2013 155,000
2004 85,000 2014 165,000
2005 95,000 2015 180,000
2006 100,000
and to pay interest, calculated on the basis of a 360-day year composed of twelve 30-day months,
from the date of this Certificate hereinafter stated, on the balance of each such installment of
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principal, respectively, from time to time remain;ng unpaid, at the rates as follows:
0 per annum on the above installment due in 1997 0
_ % per annum on the above installment due in 1998
per annum on the above installment due in 1999
per annum on the above installment due in 2000
per annum on the above installment due in 2001
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per annum on the above installment due in 2002 Z6
per annum on the above installment due in 2003
per annum on the above installment due in 2004
per annum on the above installment due in 2005
per annum on the above installment due in 2006
per annum on the above installment due in 2007
per annum on the above installment due in 2008
per annum on the above installment due in 2009
per annum on the above installment due in 2010
per annum on the above installment due in 2011
per annum on the above installment due in 2012
per annum on the above installment due in 2013
per annum on the above installment due in 2014
per annum on the above installment due in 2015
with said interest being payable on FEBRUARY 15, 1996, and semiannually on each AUGUST 15
AND FEBRUARY 15 thereafter while this Certificate or any portion hereof is outstanding and
unpaid.
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THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate are
payable in lawful money of the United States of America, without exchange or collection charges.
The installments of principal and the interest on
this Certificate are payable to the registered owner
hereof through the services of NATIONSBANK OF
"Paying TEXAS, N.A, DALLAS TEXAS w '
Agent/Registrar" loch is the
for this
Certifies,.,. Payment of atl principal of and interest on this
Certificate shall
be made by the Paying ent/R 'strar to the registered
AS
pal and/or interest payment date by check dated as of such date, drawn y he Paying Agent/Registrar
on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance
of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for
such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by
United States mail, first-class postage prepaid, on each such principal and/or interest payment date,
to the registered owner hereof, at the address of the registered owner, as it appeared at the close of
business on the last day of the month next preceding ear,h such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer cove-
nants with the registered owner of this Certificate that on or before each principal and/or interest
payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Inter- f
ra est and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the
payment, in immediately available funds, of all principal of and interest on this Certificate, when due, 1
IF THE DATE for the payment of the principal of or interest on this Certiflcate shall be a
Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying
Agent/Regisirar is located are authorized by law or executive order to close, then the date for such
A payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day ' •
on which banking institutions are authorized to close; and payment on such date shall have the same
force and effect as if made on the original date payment was due.
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TIES CERTIFICATE has been authorized in accordance with the Constitution and laws of
the State of Texas FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY S
CONTRACTUAL OBLIGATIONS INCURRED PURSUANT TO CONTRACTS FOR THE
PURCHASE OF CERTAIN REAL AND PERSONAL PROPERTY, TO-WIT: CERTAIN REAL
PROPERTY FOR USE IN CONNECTION WITH THE CITY'S LANDFILL OPERATIONS
LOCATED ON EDWARDS ROAD, AND CERTAIN FACILITIES AND EQUIPMENT
RELATED TO THE CITY'S LANDFILL OPERATIONS; AND ALSO FOR THE PURPOSE OF
PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS FOR
! PROFESSIONAL SERVICES OF ENGINEERING, ATTORNEYS, AND FINANCIAL
ADVISORS IN CONNEC PION WITH THE ABOVE C(1NTRACTS AND SAID CERTIFICATES
OF OBLIGATION.
AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written
notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the
registered owner hereof By the date fixed for any such prepayment or redemption due provision
shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay-
ment or redemption price for this Certificate or the portion hereof which is to be so prepaid or re-
deemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written
notice of prepayment or redemption is given, and if due provision for such payment is made, all as
provided above, this Certificate, or the portion thereof which is to be so prepaid or redeemed, thereby
automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not
bear interest aAer the date fixed for its prepayment or redemption, and shall not be regarded as being
outstanding except for the right of the registered owner to receive the prepayment or redemption
price plus accrued interest to the date fixed log prepayment or redemption from the Paying
Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record
in the Registration Books all such prepayments or redemptions of principal of this Certificate or any
portion hereof,
THIS CERTIFICATE, to the extent of the unpaid principal balance hereof, or any unpaid
portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner
hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying
Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions
set forth in the Certificate Ordinance. Among other requirements for such transfer, this Certifleate
must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with
proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying
• Agent/Registrar, evidencing assignment by the initial registered owner of this Certificate, or any
portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose
name or names this Certificate or any such portion or portions hereof is or are to be transferred and
registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar
may be used to evidence the assignment of this Certificate or any such portion or portions hereof by
the initial registered owner hereof. A new certificate or certificates payable to such assignee or
• assignees (which then will be the new registered owner or owners of such new Certificate or
Certificates) or to the initial registered owner as to any portion of this Certificate which is not b6ng
assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Regis-
trar in conversion of and exchange for this Certificate or any portion or portions hereof, but solely
in the form and manner as provided in the next paragraph hereof for the conversion and exchange of
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this Certificate or any portion heroof. The registered owner of this Certificate shall be deemed and
treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes,
including payment and discharge of liability upon this Certificate to the extent of such payment, and s
the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary.
AS PROVIDED above and in the Certificate Ordinance, this Certificate, to the extent of the
unpaid principal balance hereof, may be converted into and exchanged for a like aggregate principal
amount of fully registered certificates, without interest coupons, payable to the assignee or assignees
duly designated in writing by the initial registered owner hereof, or to the initial registerea owner as
to any portion of this Certificate which is not being assigned and transferred by the initial registered
owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the
requirement hereinafter stated that each substitute certificate issued in exchange for any portion of
this Certificate shall have a single stated principal maturity date), upon surrender of this Certificate
to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set
forth in the Certificate Ordinance, If this Certificate or any portion Lereof is assigned and transferred
or converted each certificate issued in exchange for any portion hereof shall have a single stated
principal maturity date corresponding to the due date of the installment of principal of this Certificate
or portion hereof for which the substitute certificate is being exchanged, and shall bear interest at the
rate applicable to and home by such installment of principal or portion thereof, No such certificate
shall be payable in installments, but shall have only one stated principal maturity date. AS
PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT
FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to
one or more assignees, but the certificates issued and delivered in exchange for this Certificate or any
portion hereof may be assigned and transferred, and converted, subsequently, as provided in the
Certificate Ordinance. The Issuer shall pay the Paying Agent/Regisirar's standard or customary fees
and charges for transferring, converting, and exchanging this Certificate or any portion thereof, but
the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental
charges required to be paid with respect thereto. The Paying Agent/Registru shall not be required
to make any such assignment, conversion, or exchange during the period commencing with the close
of business on any Record Date and ending with the opening of business on the next following
principal or interest payment date.
IN THE EVENT any Paying Agent/Registrar for this Certificate is changed by the Issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that
it promptly vA11 appoint a competent and legally qualified substitute therefor, and promptly will cause
• written notice thereof to be mailed to the registered owner of this Certificate.
IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and
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validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be
performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this
Certificate have been performed, existed, and been done in accordance with law; that this Certificate
® is a general obligation of the Issuer, issued on the full faith and credit thereof, and that annual ad • •
valorem taxes sufficient to provide for the payment of the interest on and principal of this Certifieate,
as such interest comes due and such principal matures, have been levied and ordered to be levied
against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within
the limit prescribed by law; and that, together with other parity obligations, this Certificate
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additionally is payable from and secured by certain surplus revenues (not to exceed g0,000~
aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility
System (consisting of the City's combined waterworks system, sanitary sewer system, and electric
light and power system), all as provided in the Certiflcate Ordinance,
THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with
the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from
ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said
revenues, superior in lien to, this Certificate,
BY BECOMING the registered owner of this Certificate, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such
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ins~on in the official erms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for
terms and provisions of this minutes C and
records of the and the Certificaatte Ordinance t constiittu a an conttrractbetween
the registered owner hereof and the Issuer,
IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual
signature of the Mayor of the Issuer and countersigned with the manual signature of the City
Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this
Certificate, and has caused this Certificate to be dated FEBRUARY 15, 1995.
City Secretary, City of Denton, Texas Mayor, City of Denton, Texas
i
(CITY SEAL)
FORM OF REGISTRATION CERTIFICATE OF ! f
COMPTRLLER OF PUBLIC ACCO nvTS; fj
COMPTROLLER'S REGISTRATION CERTIFICATE; REGISTER NO.
I hereby certify that this Certificate has been examined, certified as to validity, and approved
• by the Attorney General of the State of Texas, and that this Certificate has been registered by the
Comptroller of Public Accounts of the State of Texas,
Witness my signature and seal this
• •
Comptroller of Public Accounts
of the State of Texas
(COMPTROLLER'S SEAL)
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Section 6. ADDITIONAL CHARACTERISTICS OF TIM CERTIFICATES. & 9090
egistr Lion
&)&ITrans f , (a) The Issuer shall keep or cause to be kept at the principal corporate oust office of
NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS (the "Paying Agent/Registrar"; books or
records of the registration and transfer of the Certificates (the "Registration Books"), and the Issuer
hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep Each books or t
records and make such transfers and registrations under such reasonable regulations as tl,e Issuer and
Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and
registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Regis-
tration Books the address of the registered owner of each Certificate to which payments with respect
to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner
to notify the Paying Agent/Registrar in writing of the address to which payments shall b.+ mailed, and
such interest payments shall not be mailed unless such notice has been given. The Issuer shall have
the right to inspect the Registration Books during regular business hours of the Paying
Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books
confidential and, unless otherwise required by law, shall not permit their inspection by any other
entity. Registration of each Certificate may be transferred in the Registration Books only upon
presentation and surrender of such Certificato to the Paying Agent/Registrar for transfer of
registration and cancellation, together with proper written instruments of assignment, in form and
with guarantee of signatures satisfactory to the Paying Agent/Regislrar, (i) evidencing the assignment
of the Certificate, or any portion thereof in any integral multiple of $5,000, to the assignee or
assignees thereof, and (ii) the right of such assignee or assignees to have the Certificate or any such
portion thereof registered in the none of such assignee or assignees. Upon the assignment anct
transfer of any Certificate or any porti n thereof, a new substitute Certificate or Certificates shall be
issued in conversion and exchange therr for in the manner herein provided. The Initial Certificate, to
the extent of the unpaid principal balance thereof, may be assigned and transferred by the initial
registered owner thereof once only, and to one or more assignees designated in writing by the initial
registered owner thereof All Certificates issued and delivered in conversion of and exchange for the
Initial Certificate shall be in any denomination or denominations of any integral multiple of 55,000
(subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated
principal maturity date), shall tie in the form prescribed in the FORM OF SUBSTITUTE
CERTIFICATE set forth in this Ordinance, and shalt have the characteristics, and may be assigned,
transferred, and converted as hereinafter provided. If the Initial Certificate or any portion thereof is
assigned and transferred or converted the Initial Certificate must be surrendered to the Paying
Agent/Registrar for cancellation, and each Certificate issued in exchange for any portion of the Initial
Certificate shall have a single stated principal maturity date, and shall not be payable in installments;
and each such Certificate shall have a principal maturity date corresponding to the due date of the
installment of principal or portion thereof for which the substitute Certificate is being exchanged; and
each such Certificate shall bear interest at the single rate applicable to and borne by such installment
of principal or portion thereof for which it is being exchanged. If only a portion of the Initial
Certificate is assigned and transferred, there shall be delivered to and registered in the name of the
initial registered owner substitute Certificates in exchange for the unassigned balance of the Initial
® Certificate in the same manner as if the initial registered owner were the assignee thc.eof If any • •
Certificate or portion thereof other than the Initial Certificate is assigned and transferred or converted
each Certificate issued in exchange therefor shall have the same principal maturity date and bear
interest at the same rate as the Certificate for which it is exchanged. A form of assignment shall be
printed or endorsed on each Certificate, excepting the Initial Certificate, which shall be executed by
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Cie registered owner or its duly authorized attorney or representative to evidence an assignment
thereof. Upon surrender of any Certificates or any portion or portions thereof for transfer of
registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in
the Registration Books, and shall deliver a new fully registered substitute Certificate or Certificates,
having the characteristics herein described, payable to such assignee or assignees (which then will be
the registered owner or owners of such new Certificate or Certificates), or t the previous registered
owner in case only a portion of a Certificate is being assigned and transfer i I, all In conversion of and
exchange for said assigned Certificate or Certificates or any portion or powuns thereof, in the same
form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion
and exchange of Certificates by any registered owner of a Certificate. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of
it substitute Certificate or Certificates, but the one requesting such transfer shall pay any taxes or
other governmental charges required to he paid with respect thereto. The Paying Agent/Registrar
shall not be required to make transfers of registration of any Certificate or any portion thereof during
the period commencing with the close of business on any Record Date and ending with the opening
of business on the next following principal or interest payment date.
(b) Qwngrship of Certificates. The entity in whose name any Certificate shall be registered
in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for
all purposes of this Ordinance, whether or not such Certificate shall be overdue, and the Issuer and
the Payin8 Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on
account of, the principal of, premium, if any, and interest on any such Certi3cate shall be made only
to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the
liability upon such Certificate to the extent of the sum or sums so paid.
(c) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates,
and to act as its agent to convert and exchange or replace Certificates, all as provided in this
Ordinance. The Paying Agent/Registrar shall keep proper records of 0 payments made by the Issuer
and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges
of Certificates, and all replacements of Certiticates, as provided in this Ordinance. However, in the
event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter,
a new record date for such interest payment (a "Special Record Date") will be established by the
Paying Agent/Re&trar, if and when funds for the payment of such interest have been received from
the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due
interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall
be sent at least five (5) business days prior to the Special Record Date by United States mail, first
class postage prepaid, to the address of each Holder o"a Certificate appearing on the registration
books of the Paying Agent/Registrar at the close of business on the last business day next preceding
the date of mailing of such notice.
0 (d) onver i n and Exchange or Replacement Authentication, Each Certificate issued and 0
delivered pursuant to this Ordinance, to the extent of the unpaid principal balance or principal amount
thereof, may, upon surrender of such Certificate at the principal corporate trust office of the Paying
Agent/Registrar, together with a written request therefor duly executed by the registered owner or
the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with
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guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the regis-
tered owner or such assignee or assignees, as appropriate, be converted into ar,1 exchanged for fully
registered certificates, without interest coupons, in the form prescribed in the FORM OF
SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of $5,000, or any
integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute
Certificate shall have a single stated maturity date), as requested in writing by such registered owner
or such assignee or assignees, in an aWegate principal amount equal to the unpaid princil,4: balance
or principal amount of any Certificate or Certificates so surrendered, and payable to the appropriate
registered owner, assignee, or assignees, as the can may be. If the Initial Certiflcate is assigned and
transferred or converted each substitute Certificate issued in exchange for any portion of the Initial
Certificate shall have a single stated principal maturity date, and shall not be payable in installments;
and each such Certificate shall have a principal maturity date corresponding to the due date of the
installment of principal or portion thereof for which the substitute Certificate is being exchanged; and
each such Certificate shall bear interest at the single rate applicable to and borne by such installment
of principal or portion thereof for which it is being exchanged, If any Certificate or portion thereof
(other than the Initial Certiflcate) is assigned and transferred or converted, each Certificate issued in
exchange therefor shall have the same principal maturity date and bear interest at the same rate as the
Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or
number to distinguish it from each other Certificate. The Paying Agent/Registrar shall convert and
;xchange or replace Certificates as provided herein, and each fully registered certificate delivered in
conversion of and exchange for or replacement of any Certificate or portion thereof as permitted or
required by any provision of this Ordinance shall constitute one of the Certificates for all purposes
of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided
that any Certificate authenticated in conversion of and exchange for or replacement of another I
Certificate on or prior to the first scheduled Record Date for the Initial Certificate shall bear interest
from the date of the Initial Certificate, but each substitute Certificate so authenticated after such flrst
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scheduled Record Date shall bear interest from the interest payment date next preceding the date on J
which such substitute Certificrte was so authenticated, unless such Certificate is authenticated after II
any Record Date but on or before the next following interest payment date, in which case it shall bear
interest from such next following interest payment date; provided, however, that if at the time of de-
livery of any substitute Certiflcate the interest on the Certificate for which it is being exchanged is due
but has not been paid, then such Certificate shall bear interest from the date to which such interest
has been paid in full. THE INITIAL CERTIFICATE issued and delivered pursuant to this Ordinance
is not required to be, and shall not be, authenticated the Paying Agent/Registrar, but on each
substitute Certificate issued in conversion of and exchange for or replacement of any Certificate or
• Certificates issued under this Ordinance there shall be printed a certificate, in the form substantially
as follows:
"PAYING AGENT/REGISTRAR'S &UTIENTICATION CERTIFICATE
It is hereby certified that this Certificate has been issued under the provisions of the Certificate
• Ordinance described on the face of this Certificate; and that this Certificate has been issued in ' • •
conversion of and exchange for or replacement of a certificate, certificates, or a portion of a
certificate or certificates of an issue which originally was approved by the Attorney General of the
State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
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NATIONSBANK OF TEXAS, N.A.,
DALLAS, TEXAS
Paying Agent/Registrar
Dated By_
Authorized Representative"
An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such
Certificate, date and manually sign the above Certificate, and no such Certificate shall be deemed to
be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly
shall cancel all Certificates surrendered for conversion and exchange or replacement. No additional
ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or
auy other body or person so as to accomplish the foregoing conversion and exchange or replacement
of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing,
execution, and delivery of the substitute Certificates in the manner prescribed herein, and said
Certificates shall be of type composition printed on paper with lithographed or steel engraved borders
of customary weight and strength, Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and
particularly Section 6 thereof, the duty of conversion and exchange or replacement of Certificates as
aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above
Paying Agent/Regist~ar's Authentication Certificate, the converted and exchanged or replaced
Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect
as the Initial Certificate which originally was issued pursuant to this Ordinance, approved by the
Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the
Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and
exchanging any Certificate or any portion thereof, but the one requesting any such transfer,
conversion, and exchange shall pay any taxes or governmental charges required to be paid with
respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange.
The Paying Agent/Registrar shall not be required to make any such conversion and exchange or
replacement of Certificates or any portion thereof during the period commencing with the close of
business on any Record Date and ending with the opening of business on the next following principal
cr interest payment date.
(c) In n r I. All Certificates issued in conversion and exchange or replacement of any
other Certificate or portion thereof, (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Certificates to be payable only to the registered
• owners thereof, (ii) may be transferred and assigned, (iii) may be converted and exchanged for other
Certificates, (iv) shall have the characteristics, (v) shall be signed and sealed, and (vi) the principal I
of and interest on the Cerlificates shall be payable, all as provided, and in the manner required or Indi-
cated, in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance.
(f) P m n of Fees and hares. The Issuer hereby covenants with the registered owners • 0
® of the Certificates that it will (i) pay the standard or customary fees and charges of the Paying
Agent/Registrar for its services with respect to the payment of the principal of and interest on the
J Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services
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with respect to the transfer of registration of Certificates, and with respect to the co
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exchange of Certificates solely to the extent above provided in this Ordinance,
(B) ;ittbstitute P_ avin¢ Agents«,„~ The Issuer covenants with the registered owners of
the Certificates that at all times while the Certificates are outstanding the Issuer will provide a
competent and legally qualified bank, trust company, financial institution, or other agency to act as
and perform tho services of Paying Ag*WRe oiv for the Certificates under this Ordinance, and that
the Paying A.perwRegistrar wilt be one entity. The Issuer reserves the right to, and may, at its option,
change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying
Agen0kegistrar, to be effective not later than 60 days prior to the next principal or Interest payment
date after such notice. In the event that the entity at any time acting as Paying Agea/Registrar (or
its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such,
the Issuer covenants that promptly it will appoint a competent and legally qualifled bank, trust
company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance.
Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall
to ansfer and deliver the Registration Books (or a copy thereol), along whh all other pertinent books
and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed
by the Issuer, Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a
written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the
Certificates, by United States mail, first-class postage prepaid, which notice also shall give;:, a address
of the new Paying Agent/Registrar, By accepting the position and performing as such, rach Paying
Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, ruid a certified
copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
Section 7. FORM OF SUBSTITUTE CERTIFICATES, The form of all Certificates issued
in conversion and cuchange or replacement of any , then Certifieato or portion thereof, including the
form of Paying Agent/Registrar's Certificate to be printed on each of such Certificates, and the Form
ofAssignmern to be printed on each of the Certificates, shall be, respectively, substantially as follows,
with such appropriate variations, omissions, or insertions as are permitted or required by this
Ordinance,
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FORM OF B T TIC CERTIFICATE
(Book-Entry Only Legend, if appropriate)
NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT
STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON CERTIFICATE OF OBLIGATION
SERIES 1995
ORIGINAL ISSUE
INTEREST RATE MATURITY DAT DATE CUSIP NO.
February 15, 1995
ON THE MATURITY DATE spw&e,l above the CITY OF DENTON, in Denton County,
Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to
or to the registered assignee hereof (either being hereinafter called the "registered owner") the
principal amount of
and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day
months, from FEBRUARY 15, 1995, to the maturity date specified above, at the interest rate per
annum specified above; with interest being payable on FEBRUARY 15, 1996, and semiannually on
each AUGUST 15 and FEBRUARY 15 thereafter, except that if the do, ! of authentication of this
Certificate is later than the first Record Date (hereinafter defined), such principal amount shall bear
interest from the interest payment date next preceding the date of authentication, unless such date of
authentication is after any Record Date (hereinafter defined) but on or before the next following
interest payment date, in which case such principal amount shall bear interest from such next
following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of
the United States of America, without exchange or collection charges. The principal of this
Certificate shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate at maturity, at the principal corporate tru,tt office of NATIONS BANK OF TEXAS, N.A.,
DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. The payment of
® interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof ' •
on each interest payment date by check dated as of such interest payment date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing
the issuance of the Certificates (the "Certificate Ordinance") to be on deposit with the Paying
Agent/114strar for such purpose as hereinafter provided; and such check shall be sent by the Paying
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Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment
date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close
of business on the last day of the month next preceding each such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the
payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar
and requested by, and at the risk and expense of, the registered owner hereof. The Issuer covenants
with the registered owner of this Certificate that on or before each principal payment date, interest
payment date, and accrued interest payment date for this Certificate it will make available to the
Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance,
the amounts required to provide for the payment, in immediately available funds, of all principal of
and interest on the Certificates, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a
Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such
payment shall he the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day
on which banking institutions yre authorized to close; and payment on such date shall have the same
force and effect as if made on the original date payment was due.
THIS CERTIFICATE is one of an issue of Certificates initially dated FEBRUARY 15, 1995,
authorized in accordance with the Constitution and laws of the State of Texas in the principal amount
of $2,000,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S
CONTRACTUAL OBLIGATIONS INCURRED PURSUANT TO CONTRACTS FOR THE
PURCHASE OF CERTAIN REAL AND PERSONAL PROPERTY, TO-WIT: CERTAIN REAL
PROPERTY FOR USE IN CONNECTION WITH THE CITY'S LANDFILL OPERATIONS
LOCATED ON EDWARDS ROAD, AND CERTAIN FACILITIES AND EQUIPMENT
RELATED TO THE CITY'S LANDFILL OPERATIONS; AND ALSO FOR THE PURPOSE OF
PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS FOR
PROFESSIONAL SERVICES OF ENGINEERING, ATTORNEYS, AND FINANCIAL
ADVISORS IN CONNECTION WITH'I'HE ABOVE CONTRACTS AND SAID CERTIFICATES
OF OBLIGATION.
AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written
notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the
registered owner hereof. By the date fixed for any such prepayment or redemption due provision
shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay-
ment or redemption price for this Certificate or the portion hereof which is to be so prepaid or re-
deemed, plus accrued interest thereon to the dale fixed for prepayment or redemption. If such written
notice of prepayment or redemption is given, and if due provision for such payment is made, all as
provided above, this Certificate, or the portion thereof which is to be so prepaid or redeemed, thereby
automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not
bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being
g outstanding except for the right of the registered owner to receive the prepayment or redemption • •
p ice plus accrued interest to the date fixed ibr prepayment or redemption from the Paying
J Agent/Registrar out of tile funds provided for such payment. The Paying Agent/Regisirar shall record
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in the Registration Books all such prepayments or redemptions of principal of this Certificate or any
portion hereof.
THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY 17dTEGRAL
MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of
the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates,
upon the terms and conditions set forth in the Certificate Ordinance, Among other requirements for
such assignment and transfer, this Certificate must be presented and surrendered to the Paying
Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of
signatures satisfactory to the Paying Agem/Registrar, evidencing assignment of this Certificate or any
portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose
name or names this Certificate or any such portion or portions hereof is or are to be transferred and
registered The form of Assignment printed or endorsed on this Certificate shall be executed by the
registered owner or its duly authorized attorney or representative, to evidence the assignment hereof.
A new Certificate or Certificates payable to such assignee or assignees (which then will be the new
registered owner or owners of such new Certificate or Certificates), or to the previous registered
owner in the case of the assignment and transfer of only a portion of this Certificate, may be delivered
by the Paying Agent/Registrar in conversion of and exchange for this Certificate, all in the form and
manner as provided in the next paragraph hereof for the conversion and exchange of other
Certificates. The Issuer shall pay the Paying Agent/Regisirar's standard or customary fees and
charges for making such transfer, but the one requesting such transfer shall pay any taxes or other
governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not
be required to make transfers of registration of this Certificate or any portion hereof during the period
commencing with the close of business on any Record Date and ending with the opening of business
on the next following principal or interest payment date. The registered owner of this Certificate f
shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner
hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent
of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice
to the contrary.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates,
without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the
Certificate Ordinance, this Certificate, may, at the request of the registered owner or the assignee or
assignees hereof, be converted into and exchanged for a like aggregate principal amount of fitlly
registered certificates, without interest coupons, payable to the appropriate registered owner,
• assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the
same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in
writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon sur-
render of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the
form and procedures set forth in the Certificate Ordinance. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging
any Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange
shall pay any taxes or governmental charges required to be paid with respect thereto as a condition
precedent to the exercise of such privilege of conversion and exchange: The Paying Agent/Registrar
shall not be required to make any such conversion and exchange during the period commencing with
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the close of business on any Record Date and ending with the opening of business on the next follow-
ing principal or interest payment date.
IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that
it promptly will appoint a competent and legally qualitled substitute therefor, and promptly will cause
written notice thereof to be mailed to the registered owners of the Certificates.
IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and
validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be
performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this
Certificate have been performed, existed, and been done in accordance with law; that this Certificate
is a general obligation of the Issuer, issued on the full faith and credit thereof, and that annual ad
valorem taxes sufficient to provide for the payment of the interest on and principal of this Certiflcate,
as such interest comes due and such principal matures, have been levied and ordered to be levied
against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within
the limit prescribed by law; and that, together with other parity obligations, this Certificate, and the
other Certificates of this Series, additionally are payable from and secured by : ertain surplus revenues
(not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation
of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer
system, and electric light and power system), all as provided in the Certificate Ordinance.
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THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with
the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from
ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said
revenues, superior in lien to, this Certificate.
BY BECOMING the registered owner of this Certiflcate, the registered owner thereby
acknowledges ell of the terns and provisions of the Certificate Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for
inspection in the official minutes and records of the governing body of the Issuer, and agrees that the
terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between
each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certiflcate to be signed with the manual
or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile
• signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly
impressed, or placed in facsimile, on this Certificate.
City Secretary, City of Denton, Texas Mayor, City of Denton, Texas
(CITY SEAL)
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RM HAYING A ENT EGISTRAR'S At 1TN MIC TrnN CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate has been issued under the provisions of the Certificate
Ordinance described on the fire of this Certificate; and that this Certificate has been issued in
conversion of and exchange for or replacement of a certificate, certificates, or a portion of a
certificate or certificates of an issue which originally was approved by the Attorney General of the
State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
NATIONSBANK OF TEXAS, N.A.,
DALLAS, TEXAS
Paying Agent/Registrar
Dated gy
Authorized Representative
ALf F ASSIGNM)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Certificate, or duly
authorized representative or attorney
thereof, hereby assigns this Certificate to
(Assignee's Social (print or typewrite Assignee's name and
Security or Taxpayer address, including zip code)
Identification Number
i and hereby irrevocably constitutes and appoints
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attorney to transfer the registration of this Certificate on the Paying Agent/Registraes Registration
Books with full power of substitution in the premises.
i Dated: ~ • •
Signature Guaranteed:
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NOTICE: Signature(s) must be Registered Owner 19 t~
guaranteed by an eligible guaranotr NOTICE: This signature must
institution participating in a correspond with the name of the
securities transfer assocation Registered Owner appearing on
recognized signature guarantee the face of this Certificate,
program.
Section B. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking
Fund") is hereby created solely for the benefit of the Certificates, and the Interest and Sinking Fund '
shall be established and maintained by the Issuer at an official depository bank of the Issuer. The
Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the
lssuer, and shall be used only for paying the interest on and principal of the Certificates. All ad
valorem taxes levied and collected for and on account of the Certificates shall be deposited, as
collected, to the credit of the Interest and Sinking Fund, During each year while any of the
Certificates or interest thereon are outstanding and unpaid, the governing body of the Issuer shall
compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and
produce the money required to pay the interest on the Certificates as such interest becomes due, and
to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such
principal matures (but never less than 2% of the original principal amount of the Certificates as a
sinking fiord each year); and said tax shall be based on the latest approved tax rolls orthe Issuer, with
full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount
of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in
the Issuer for each year while any of the Certificates or interest thereon are outstanding ar.d unpaid;
and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid
Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest
on and principal of the Certificates, as such interest comes due and such principal matures, are hereby
pledged for such payment, within the limit prescribed by law.
Section 9. SURPLUS REVENUES. The Certificates additionally shall be payable from and
secured by surplus revenues, to the extent hereinafter permitted, derived by the Issuer from the
ownership and operation of the Issuer's Utility System (consisting of its combined waterworks
system, sanitary sewer system, and electric light and power system) remaining after (a) payment of
all iunounts constituting operation .:rid maintenance expenses of said Utility System, and (b) payment
of all debt service, reserve, and other requirements and amounts required to be paid under all
0 ordinanccs heretofore or hereaf er authorizing (i) all bonds and (ii) all other obligations not on a
parity with the Certificates, which are payable from and secured by any Utility System revenues, and
(c) payment of all amounts payable from any U: ility System revenues pursuant to contracts heretofore
or hereafter entered into by the Issuer in accordance with law (the "Surplus Revenues"). If, for any
reason, the Issuer fails to deposit ad valorem taxes ieried pursuant to Section 8 hereof to the credit
of the Interest and Sinking Fund in an amount suf cie•jt to pay, when due, the principal of and interest
e on the Certificates, then Surplus Revenues, to the extent hereinafter permitted, shall be deposited to 0
the credit of the Interest and Sinking Fund and used to pay such principal and/or interest. A
maximum aggregate of$10,000 of Surplus Revenues may be used to pay principal and/or interest on
the Certificates and any obligations on a parity therewith. The Certificates and any obligations on a
parity therewith are not, and shall not be deemed to be, payable from or secured by any Surplus
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Revenues in excess of an aggregate of$10,000. Until and unless an aggregate of $10,000 of Surplus
Revenues actually is used to pay any such principal and/or interest, additional obligations, payable
from and secured by all or any remaining unused part of said aggregate of $10,000 of Surplus
Revenues, may be issued by the issuer on a parity with the Certificates and any other then outstanding
parity obligations, with the Certificates and all such additional parity obligations to be payable from
and secured equally and ratably by all or any remaining unused part of said aggregate. The Issuer
reserves, and shall have, the right to issue bonds, and other obligations not on a parity with the
Certificates, and to enter into contracts, in accordance with applicable laws, to be payable from and
secured by any Utility System revenues other than the aggregate of $10,000 of Surplus Revenues as
described above. The Certificates are on a parity with those issues of City of Denton Certificates of
Obligation, Series 1987, Series 1987-A, Series 1989, Series 1989-A, Series 1991, Series 1992, Series
1993, Series 1993-A and Series 1994, as permitted in the Ordinances authorizing same; and it is f
hereby found and determined that none of the above defined Surplus Revenues have ever been used
to pay any principal and/or interest on said City of Denton Certificates of Obligation, Series 1987,
Series 1987-A, Series 1989, Series 1999-A, Series 1991, Series 1992, Series 1993, Series 1993-A
or Series 1994.
Section 10. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest
thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate")
within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section,
when payment of the principal of such Certificate, plus interest thereon to the due date either (i) shall
have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been
provided for on or before such due date by irrevocably depositing with or making available to the
Paying Agent/Regisirar for such payment (1) lawful money of the United States of America sufficient
to make such payment or (2) Government Obligations which mature as to principal and interest in
such amounts and at such times as will insure the availability, without reinvestment, of sufficient
money to provide for such payment, and when proper arrangements have been made by the Issuer
with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall
have become due and payable. At such time as a Certificate shall be deemed to be a Defeased
Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured
by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as
provided in this Ordinance, and such principal and interest shall be payable solely from such money
or Government Obligations.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction
of the Issuer also be invested in Government Obligations, maturing in the amounts and times as
hereinbefore set forth, and all income from such Government Obligations received by the Paying
Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with
respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited
as directed in writing by the Issuer.
e (c) The term "Government Obligations" as used in this Section shall mean diew e A
obligations of the United States of America, including obligations the principal of and interest on
which are unconditionally guaranteed by the United States of America, which may be United States
Treasury obligations such as its State and Local Government Series, which may be in book-entry
form.
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(d) Until all Defeased Certificates shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificateb
the same as ifthey had not been defeased, and the Issuer shall make proper arrangements to provide
and pay for such services as required by this Ordinance.
Section 11, DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES. (a) $gpement Certificates, In the event any outstanding Certificate is
damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed,
executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate,
as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate
in the manner hereinafter provided.
(b) -App-Ijul a for Replacement -corifficates. Application for replacement of damaged,
mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate, the registered
owner applying for a replacement certificate shall furnish to the Issuer and to the Paying }
Agent/Rebistrar such security or indemnity as may be required by them to save each of them harmless
from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a
Certificate, the registered owner shall furnish to the Issuer and the Paying Agent/Registrar evidence
to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every
case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying
Agent/Registrar for cancellation the Certificate so damaged or mutilated.
(c) N-9-P&-fault Occurred. Notwithstanding the foregoing provisions of this Section, in
the event of any such Certificate shall have matured, and no default has occurred which is then
continuing in the payment of the principal of, or interest on the Certificate, the Issuer may authorize
the payment of the same (without surrender thereof except in the case of a damaged or mutilated
Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished
as above provided in this Section,
(d) Ch rge for bluing Reelacemem Certificate, Prior to the issuance of any replacement
certificate, the Paying Agent/Regisirar shall charge the registered owner of such Certificate with all
legal, printing, and other e-.renses in connection therewith. Every replacement certificate issued
pursuant to the provision, of this Section by virtue of the fact that any Certificate is lost, stolen, or
destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or
• destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to
all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly
issued under this Ordinance.
(e) Auth no 'tv for Is&inu Renla cgment Certificate. In accordance with Section 6 of Vernon's
Ann. Tex. Civ St. Art. 717k-6, this Section of this Ordinance shall constitute authority for the
• issuance of any such replacement certificate without necessity of further action by the governing body , • •
of the Issuer or any other body or person, and the duty of the replacement of such certificates is
hereby authorized and imposed upon the raying Agent/Registrar, and the Paying Ageni/Registrar
shall authenticate and deliver such Certificates in the form and manner and with the effect, as
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provided in Section 6(d) of this Ordinance for Certificates issued in conversion and exchange for
other Certificates.
Section 12. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES;
CERTIFICATE COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE.
The Mayor of the Issuer is hereby authorized to have control of the Initial Cer,,;1cate issued
hereunder and all necessary records and proceedings pertaining to the Initial Certificate pending its
delivery and its investigation, examination, and approval by the Attorney General of the State of
Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon
registration of the Initial Certificate said Comptroller of Public Accounts (or a deputy designated in
witting to act for said Comptroller) shall manually sign the Comptrollers Registration Certificate on
the Initial Certificate, and the seal of said Comptroller shall be impressed, or placed in facsimile, on
the Initial Certifi,ate. The approving legal opinion of the Issuer's Bond Counsel and the assigned
CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate or on any
Certificates issued and delivered in conversion of and exchange or replacement of any Certificate, but
neither shall have any legal effect, and shall be solely for the convenience and information of the
registered owners of the Certificates. The preamble to this Ordinance is hereby adopted and made
a part hereof for all purposes. If insurance is obtained on arty of the Certificates, t'.e Initial Certificate
and all other Certificates shall bear an appropriate legend concerning insurance as provided by the
insurer.
Section 13, COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to
refrain from taking any action which would adversely affect, and to take any action required to
ensure, the treatment of the Certificates as obligations described in section 103 of the Code, the
interest on which is not includable in the "gross income" of the holder for purposes of federal income
taxation. In furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of
the Certificates or the project financed therewith (less amounts deposited to a reserve fund,
if any) are used for any "private business use", as defined in section 141(bx6) of the Code or,
if more than 10 percent of the proceeds or the project financed therewith are so used, such
amounts, whether or not received by the Issuer, with respect to such private business use, do
not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly,
secure or provide for the payment of more than 10 percent of the debt service on the
Certificates, in contravention of section 141(b)(2) of the Code-,
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(b) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates or the
project financed therewith (less amounts deposited into a reserv.s fund, if any) then the
amount in excess of 5 percent is used for a "private business use" which is "related" and not
"disproportionate", within the meaning of section 141(6)(3) of the Code, to the governmental
use, r
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(c) to lake any action to assure that no amount which is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a
reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state J
or local governmental units, in contravention of section 14l(c) of the Code;
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(d) to refrain from taking any action which would otherwise result in the
Certificates being treated as "private activity bonds" within the meaning of section 141(b) of
the Code;
(e) to refrain from taking any action that would result in the Certificates being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Certificates, directly ;
or indirectly, to acquire or to replace funds which were us,A, directly or indirectly, to acquire
investment property (as defined in section 148(bx2) of th+. Co, v) which produces a materially
higher yield over the term of the Certi.6cates, other than investment property acquired with
(1) proceeds of the Certificates invested for a reasonable temporary period
of 3 years or less, or in the case of a refunding certificate for a period of 30 days or
less, until such proceeds are needed for the purpose for which the certificates are
issued,
(2) amounts invested in a bona fide debt service fund, within the meaning
of section 1.148.1(b)(12) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Certificates;
(g) to otherwise restrict the use of the proceeds of the Certificates or amounts
treated as proceeds of the Cartiflcates, as may be necessary, so that the Certificates do not
otherwise contravene the requirements of section 148 of the Code (relA nng to arbitrage) and,
to the extent applicable, section 149(d) of the Code (relating to advance refundings);
(h) to pay to the United Stales of America at least once during each five-year f
e period (beginning on the date of delivery of the Certificates) an amount that is at least equal
to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and
to pay to the United States of America, not later that 60 days after the Certificates have been
paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings
under section 148(1) of the Code; and
® (i) to maintain such records as will enable the Issuer to fulfill its responsibilities ' e
under this section and sect on 148 of the Code and to retain such records for at least six years
following the final payment of principal and interest on the Certificates,
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It It the urki"Anding of the Issuer that the covenants contained herein are inter ideal to assure
comPIWM with the C:rxie Aral any regulations or rulings promulgated by the U.S, Departama of the
Treasurypwsuara thereto. In the event that regulations or rulings are horcaftcr promulgated wlg6
rnudily, or expand provisions of the. Code, as applicable to the Certifcates, the Issuer will not be
ic4u4td to comply with any covenant contained herein to the extent that such failure to comply, in
the opinion of nationally-recogAlzed bond cnnnsel, will not adversely afW the exemption from
fodwal income taxation of Interest on the Certlf3cnim under section t03 oflhe Code. In the event
that regulations of tulings arc In &Mherutce of such intention, the Issuer hereby authorizes and directs
the Mayor and/ur die Dirwor of Finance of the Issuer to evec.ufe any documents, artifieates or
reports required by the Code and to make such elections, on heliAlf of the Issuar, which may be
pormittcd by the Code as are wtisistent with the purpose for the ituianoe of the Certificate.
In order to facilitate compliance with the above covenants (h) and (i), A "Rebate Fund" is
hereby established by the Issuer for the sole bencilt of the United States of America, and aich fund
shall not be subject to the claim of any other peisuii, invIuding without limitation, the hondholders,
The Rebate Fund is established for the additional puipow of compliance with Section 14M ofthe
Code,
Section 14. SALL OF INITIAL CERTIFICATr,. Ilia barbel Certificate Is hereby sold and
shall he delivered to for cash for the par value lhereofand accrued
interest thmenn to date of delivery, plus a prrtvum of $ . It is hcrcbv uMcially found,
deter ilned. and declared that the Initial Certificate has been sold at public We to the Liddo offering
the lowest interact turf, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding
Instructions and Official Statement dated FobnAry 7, 1995, preparod and distributed in eutuicLAun
with the sale of the Initial Certificate. Said Official Notice of Sale and Bidding Instructions stud
Official Statement, and Any addenda, supplement, or amendmerit thereto have been and arc hereby
approved by the Issuer, and their nap. in the offer and silo of the Carlificates is hereby approved. It
is rui Ihcr of kWly found, determinist, And declared that the statements and reproscntAlions contained
in said Ollitial Notice of Sale and ClfflciAl Statement are true and correct in ell material respects, to
the best knowledge and belief of the City Cnnncil And the Iasuar,
Section 1 S. INTEREST EARNINGS ON C.RATIFICATE PROCI3EDS. Interest mmings
derived from the invotnient of proceeds from the sale of the Initial Certificate shall be used along
with other proceeds fui die purposes fbr which the CertifirAtes are issued; provided that after
completion of such purposes, if any of such interest earnings remain on hand, such interest earnings
shall be dcpositod in the Literem wad Sinking{ Fund. It Is further provided, however, that any interest
earnings on certificate proceeds which wu Iequlted to be rebated to the llmlext States of America
pursuant to Section 13 hereof in order to preva i the Ccaiif wes from being "arhitrage. bonds" within
• the meaning of the Code shah be w rebated and not evnsidrred as Interest earnings for the purposes
ol'this Section.
Section 16. DTC R13GISTRATION. The Certificate initially OWI be Issued and delivered
In such manner that no physical distribution of the Certificates will be made 1v the public, and the
Depository Tnist Company ("DTC"), New York, New York, initially will act as depusilury for the
Certificates DTC: hAS represented that it is a limited purpose trust company incorporated under the • •
laws of the State of New York, A member of tho Federal Reserve System, a "clearing cofpoiatiun"
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within the meaning ofthe New York Uniform Commercial Code, and a "clearing agency" registered
under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer
accepts, but in no way verifies, such representations. The lnilW Certificate authorized by this
Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a
condition of delivery mid sale that the Purchaser, immediately after such delivery, shall cause the
Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Initial Certificate and deliver
in exchange therefor a substitute Certificate for each maturity of such Initial Certiflcate, with each
such substitute Certificate to be registered in the name of CEDE & CO., the nominee of DTC, and
it shall be the duty of the Paying Agent/Regisirar to take such action. It is expected that DTC will
hold the Certificates on behalf of the Purchaser and/or the DTC Participants, as defined and described
in the Ofl9cial Statement referred to and approved in Section 14 hereof (the "DTC Participants"). So
long as each Certificate is registered in the name of CEDE & CO., the Paying Agent/Registrar shall f
uea.t and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof.
It is expected that DTC will maintain a book entry system which will identify beneficial ownership
of the Certificates by DTC Participants in integral amounts of $5,000, with transfers of ownership f
being effected on the records of DTC and the DTC Participants pursuant to rules and regulations
established by them, and that the substitute Certificates initially deposited with DTC shall be
immobilized and not be further exchanged for substitute Certificates except as hereinafter provided.
The Issuer is not responsible or liable for any fLnctions of DTC, will not be responsible for paying
any fees or charges with respect to its services, will not be responsible or liable for maintaining,
supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or
rights of the beneficial owners of the Certificates. It shall be the duty of the Purchaser and the DTC
Participants to make all arrangements with DTC to establish this book-entry system, the beneficial
ownership of the Certificates, and the method of paying the fees and charges of DTC. The Issuer
does not represent, nor does it in any way covenant that the initial book-entry system established with
DTC will be maintained in the future. The Issuer reserves the right and option at any time In the
future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only registration
requirement described above, and to permit the Certificates to be registered in the name of any owner.
If the Issuer exercises its right and option to terminate such requirement, it shall give written notice M
of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying
Agent/Registrar shall, upon presentation and proper request, register any Certificate in any name as
provided for in this Ordinance. Notwithstanding the initial establishment of the foregoing book-entry
system with DTC, if for any reason any of the originally delivered substitute Certificates is duly filed
with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in
this Ordinance, substitute Certificates will be duly delivered as provided in this Ordinance, and there
will be no assurance or representation that any book-entry system will be maintained for such
• Certificates.
Section 17. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the
Issuer, and all ether officers, employees, and agents of the Issuer, and each of them, shall be and they
are hereby expr3ssly authorized, empowered, and directed from time to time and at any time to do
and perform all such acts and things and to execute, acknowledge, and deliver in the name and under
6 the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, • •
as may be necessary or desirable in order to carry out the terms and provisions of this Certificate
Ordinance, the Certificates, the sale of the Certificates, and the Notice of Sale and Official Statement;
and the Director of Finance of the City shall cause the expenses of issuance of the Certificates to be
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paid from the proceeds of sale of the Initial Certificate, In can any officer whose signature shall
appear on any Certificate shall can to be such officer before the delivery of such Certificate, such
signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had
r .;A in office until such delivery.
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Agendaltem~. Date
CITY of DENTON, TEXAS MUNICIPAL BUILDING* 215 E, McKINNEY • DENTON, TEXAS 76201
(817) 566.8200 v DFW METRO 434.2529
MEMORANDUM
DATE: February 15, 1995
TO: Lloyd V. Harrell, City Manager ~
FROM: Harlan L. Jefferson, Director of Fiscal Operations//
SUBJECT: GENERAL OBLIGATION BONDS, SERIES 1995
On February 21, 1995, David Medanich from First Southwest Company and L. E.
(Ted) Brizzolara, Ill from McCall, Parkhurst and Horton will open the bids we receive
regarding the City of Denton's General Obligation Bonds, Series 1995. The process
of opening sealed bids publicly and tabulating them before the City Council is required
by the City Charter.
The $1,610,000 in General Obligation Bonds are being issued for three purposes (i.e.,
Street projects - 8885,000; Drainage projects 8275,000; and Parks & Recreation
projects - 8460,000). All the projects were previously approved in the 1994-95
Capital Improvement Programs (CIP). A specific listing of items is as follows:
Department Description Project Cost
Streets Sidewalks along highway projects 8 750,000
Streets Street construction 136,000
Parks/Recreation Park acquisition northeast 200,000
Parks/Recreation Park development northeast 250,000
Drainange Mayhill bridge at Cooper Creek 20,000
Drainage Campbell Street drainage 90,000
Drainage Alice Street drainage 100,000
s Drainage Pecan Creek channel lining 15,000
Drainage Willowcrest drainage 501000
$1,610,000
"Dedicated to Quality Senice"
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Agendalte
Memo to Lloyd V. Harrell fklte
February 16, 1996
Page 2 ~Q
Attached is a copy of the appropriate ordinance authorizing the Issuance, sale, and
delivery of the City of Denton General Obligation Bonds, Series 1996.
If you have any questions, or need more specific Information, please advise.
HJ; of
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ORDINANCE, NO. 95-_ 3
ORDINANCE
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON
GENERAL OBLIGATION BONDS, SERIES 1995, LEVYING THE 'TAX TO PAY
SAME, AND APPROVING AND AUTHORIZING INSTRUMENTSAND PROCEDURES
SATING THERETO
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election
duly held in said City on DECEMBER 13, 1986; and
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WHEREAS, out of the bonds aggregating the amount of $21,637,000 voted at said election,
the City has duly issued $16,155,000 thereof, represented by the City's bonds designated as: SERIES
1987, SERIES 1988, SERIES 1989, SERIES 1992 AND SERIES 1993; and
WI IE,REAS, the Council of said City deems it necessary and advisable to authorize, issue, and
deliver another installment or series of said bonds; and
WHEREAS, the bonds hereinafler authorized and designated were voted and are to be issued,
sold, and delivered pursuant to Vemon's Ann. Tex. Civ. St. Articles 823 and 1175, Article IX, of the
City's Home Rule Charter, and other applicable laws.
THEREFORE, THE COUNCIL OF THE. CITY OF DENTON HEREBY ORDAINS THAT:
Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City I
of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate
principal amount of $1,610,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY
AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT:
$885,000 FOR STREET AND TRAFFIC IMPROVEMENTS; $275,000 FOR DRAINAGE
IMPROVEMENTS AND $450,000 FOR PARKS AND RECREATION IMPROVEMENTS.
A
Section 2. DESIGNATION OF THE BONDS, Each bond issued pursuant to this Ordinance
shall be designated: "CITY OF DENTON GENERAL OBLIGATION BOND, SERIES 1995", and
initially there shall be issued, sold, ar.d delivered hereunder a single fully registered bond, without
interest coupons, payable in installmc;its of principal (the "Initial Bond"), but the Initial Bond may
be assigned and transferred and/or converted into and exchanged for a like aggregate principal
® amount of fully registered bonds, without interest coupons, having serial maturities, and in the
denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner herein-
after provided. The term "Bonds" as used in this Ordinance shall mean and include collectively the
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Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and
replacement bonds issued pursuant hereto, and the term "Bonds" shall mean any of the Bonds.
Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL
REGISTERED OWNER, AND CRARACTERISTICS OF THE INITIAL BOND.
(a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a
single fully registered Bond, without interest coupons, dated FEBRUARY 15, 1995, in the
denomination and aggregate principal amount of $1,610,000, numbered R-1, payable in annual
installments of principal to the Initial registered owner thereof, to-wit:
or to the registered assignee or assignees of said Bond or any portion or portions thereof (in each
case, the "registered owner"), with the annual installments of principal of the Initial Bond to be
payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF
INITIAL BOND set forth in this Ordinance.
(b) The Initial Bond (i) may be prepaid or redeemed prior to the respective scheduled due
dates of instalments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted
and exchanged for other Bonds, (tv) shall have the characteristics, and (v) shall be signed and waled,
and the principal of and interest on the Initial Bond shall be payable, all as provided, and in the
manner required or indicated, in the FORM OF INITIAL BOND set forth In this Ordinance.
Section 4. INTEREST. The unpaid principal balance of the Initial Bond shall bear interest
from the date of the Initial Bond to the respective scheduled due dates, or to the respective dates of
prepayment or redemption, of the installments of of the Initial B
principal end, and said imeresl shall
be payable, all in the manner provided and at the rates and on the dates stated In the FORM OF
fNITIAL BOND set forth in this Ordinance.
Section 5. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of
Registration Certificate of the Comptroller of Public Accounts of the Sate of Text to be endorsed
on the Initial Bond, shall be substantially as follows:
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Agendail~
FORM OF INITIAiB(Ng AV,
NO. R- I $1,610,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON GENERAL OBLIGATION BOND
SERIES 1995
THE CITY OF DENTON, in Denton County, Texas (the "Issuer'), being a political
subdivision of the State of Texas, hereby promises to pay to
or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case,
the "registered owner") the aggregate principal amount of
$1,610,000
(ONE MILLION SIX HUNDRED TEN THOUSAND DOLLARS)
in annual installments of principal due and payable on FEBRUARY 15 in each of the years, and in
the respective principal amounts, as set forth in the following schedule;
PRINCIPAL PRINCIPAL
YEM AMOUNT YEAR AMOUNT
'997 $80,000 2007 $90,000
1998 80,000 2008 90,000
999 80,000 2009 90,000
2000 80,000 2010 90,000
2001 80,000 2011 90,000
2002 80,000 2012 90,000
2003 80,000 2013 90,000
2004 80,000 2014 90,000
2005 80,000 2015 90,000
2006 80,000
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and to pay interest, calculated on the basis of a 360-day year composed of twelve 30-day months,
from the date of this Bond hereinafter stated, on the balance of each such installment of principal,
respectively, from time to time remaining unpaid, at the rates as follows:
per annum on the above installment due in 1997 e •
• per annum on the above installment due in 1998
per annum on the Phove installment due in 1999
per annum on the above installment due in 2000
per annum oo the above installment due in 2001
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Agdntiu leRi.,L,iLl,,,,,r,-
per annum on the above installment due in 2002
per annum on the above installment due in 2003
per annum on the above installment due in 2004 l
per annum on the above installment due in 2005
per annum on the above installment due in 2006
per annum on the above installment due in 2007
per annum on the above installment due in 2008
per annum on the above installment due in 2009
per annum on the above installment due in 2010
per annum on the above installment due in 2011
% per annum on the above installment due in 2012
per annum on the above installment due in 2013
per annum on the above installment due in 2014
per annum on the above installment due in 2015
with said interest being payable on FEBRUARY 15, 1996, and semiannually on each AUGUST 15
AND FEBRUARY 15 thereafter r; hile this Bond or any portion hereof is outstanding and unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bor.-are
payable in lawful money of the United States of America, without exchange or collection charges.
The installments of principal and the interest on this Bond are payable to the registered owner hereof
through the services of NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS, which is the
"Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall
be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or inter-
est payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on, and
payable sei-:ly from, funds of the Issuer required by the ordinance authorizing the issuance of this
Bond (the "hoed Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as
hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States
mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registervd
owner hereof, at the address of the registered owner, as it appeared at thf close of business on i ie
last day of the month next preceding each such date (the "Record Date"1 a j the Registration Bo(:cs
kept by the Paying Agent/Registrar, as hereinafter described. The iss, r covenants with the regis-
tered owner of this Bond that on or before each principal and/or iweres. payment date for this Bond i
it will make available to the Paying Agent/Registrar, from the "Interest a.td Sinking Fund" created
by the Bond Ordinance, the amounts required to provide for the paymc in immediately available
funds, of all principal of and inter,;.,' on this Bond, when due.
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IF THE DATE for thN payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in the City where the paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such
payment shall be the nex; uccecding day which is not such a Saturday, Sunda;, legal holiday, or day
on which banking institutions are authorized to close; and payment on such date shall have the same
t3 force and effect as if made on the original date payment was due. • •
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THIS BOND has been authorized in accordance with the Constitution and laws f th State
of Texas FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING '
IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: $885,000 FOR STREET
AND TRAFFIC IMPROVEMENTS; $275,000 FOR DRAINAGE IMPROVEMENTS AND
$450,000 FOR PARKS AND RECREATION IMPROVEMENTS. 1
ON FEBRUARY 15, 2005, or on any date whatsoever thereafter, the unpaid installments of
principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option
of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the
particular portion of this Bond to be prepaid or redeemed shall be selected and designated by the
Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), 1
at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest
to the date fixed for prepayment or redemption.
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AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written
notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the
registered owner hereof. By the date fixed for any such prepayment or redemption due provision
shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay-
ment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed,
plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice
of prepayment or redemption is given, and if due provision for such payment is made, all as provided
above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically
shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest
after the date fixed for its prepayment or redemption, and sl•.J not be regarded as being outsta, ding
except for the right of the registered owner to receive the prepayment or redemption price plus
accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out
of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration
Books all such prepayments or redemptions of principal of this Bond or any portion hereof.
THIS BOND, to the extent of the unpaid or unredeemed prin6pal balance hereof, or any
unpaid and unredeemed portion hereof in any it egral multiple of $5,000, may be assigned by the
initial registered owner hereof and shall be trp ; erred only in the Registralie7 Books ri the Iss' (r
kept by the Paying Agent/Registrar acting in the apacity of registrar for the Bonds, up n the terms
1 and conditions set forth in the Bond Ordinam., Among other requirements for such transfer, this
Bond must be presented and surrendered to the Paying Agent/ Registrar for cancellation, together
O with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the
Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any
portion or portions hereof in any integral multiple of $5,000, to the assignee or assigne ^s in whose I
name or names this Bond or any such portion or portions hereof is or are to be transferred and
registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar
may be used to evidence the assignment of this Bond or any such portion or portions hereof by the
initial registered owner )creof A new bond or bonds payable to such assignee or assignees ; -Hch • O
d then will be the new registered owner or owners of such new Bond or Bonds) or to the initial
registered owner as to any portion of [his Bond which is not being assigned and transferred by the
initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and
exchange for this Bond or auy portion or portions hereof, but solely in the form and manner as
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provided in the next paragraph hereof for the conversion and exchange of thi, Bond or any Portion
hereof. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying
Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of
liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar
shall not be affected by any notice to the contrary.
AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or
unredeemed principal balance hereof, may be converted into and exchanged for a like aWegate
principal amount of fully registered bonds, without interest coupons, payable to the assignee or
assignees duly designated in writing by the initial registered owner hereof, or to the initial registered
owner as to any portion of this Bond which is not being assigned and transferred by the initial
registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject
to the requirement hereinafter stated that each substitute bond issued in exchange for any portion of E
this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the
Paying AgenvRegistrar for cancellation, all in accordance with the form and procedures set forth in
the Bond Ordinance. Ifthis Bond or any portion hereof is assigned and transferred or converted each
bond issued in exchange for any portion hereof shall have a single stated principal maturity date
corresponding to the due date of the installment of principal of this Bond or portion hereof for which
the substitute bond is being exchanged, and shall bear interest at the rate applicable to and bome by
such installment of principal or portion thereof. Such bonds, respectively, shall be subject to
redemption prior to maturity on the same dates and for the same prices as the corresponding
installment of principal of this Bond or portion hereof for which they are being exchanged. No such
bond shall be payable in installments, but shall have only one stated principal maturity date, AS
PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE
ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more
assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may
be assigr.ad and transferred, and converted, subsequently, as pre ,fled in the Bond Ordinance. The
Issuer shall pay the Paying Agent/Registraes standard or customat " rs and charges for transferring,
converting, and exchanging this Bond or any portion thereof, b 'tie one requesting such transfer,
conversion, and exchange shall pay any taxes or governmental charges required to be paid with
respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment,
conversion, or exchange (i) during I !e period commencing with the close of business on any Record
Date and ending with the opening ot'business on the next following principa: or interest payment date,
1 or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to
maturity, within 45 days prior to its prepayment or redemption date.
IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns,
or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly
will appoint a competent and legally qualified substitute therefor, and promptly will cause written
notice thereof to be mailed to the registered owner of this Bond.
IT IS HEREBY certified, recited, and covenanted that this Bond has been duty and validly ' v 0
voted, authorized, issued, sold, and delivered; that all acts, conditions, and things required or Eroper
to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this
Bond have been performed, existed, and been done in accordance with law; that this Bond is a general
obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes
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sufficient to provide for the payment of the interest on and principal of this Bond, as such interest
comes due and such principal matures, have been levied and ordered to be levied against all taxable
property in the Issuer, and have been pledged irrevocably for such payment, within the limit pre-
scribed by law.
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for
inspection in the olScial minutes and records of the governing body of the Issuer, and agrees that the
terms and provisions of this Bond and the Bond Ordinance constitute a contract between the
registered owner hereof and the Issuer,
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual
signature of the Mayor of the Issuer and countersigned with the manual signature of the City
Secretary of the Issuer, has causer the official seal of the Issuer to be duly impressed on this Bond,
and has caused this Bond to be dated FEBR'!'."Z-.Y 15, 1945.
City Secretary, Mayor,
City of Denton, Texas City of Denton, Texas
(CITY SEAL)
FORM OF REGISTRATION CERTIFICATE OF THE
COMPI QLLr,It OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify !hat this Bond has'.)een examined, certified as to validity, and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller
of Public Accounts of the State of Texas.
Witness my signature and seal this
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_omptroller of Public Accounts
of the State of Texas
(COMPTROLLER'S SEAL)
• •
Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS, Registration 0
and
Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of
NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS (the "Paying Agent/Registrar") books or
records of the registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby
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appoints the Paying Agent/Registrar as its regisvar and transfer agent to keep a
such books or records
and make such transfers and registrations under such reasonable regulations as the Issuer and Paying
Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and
registrations as herein provided. The Paying Agent/Regislrar shall obtain and record in the Regis-
tration Books the address of the registered owner of each Bond to which payments with respect to
the Bonds shall he mailed, as herein provided; but it shall be the duty of each registered owner to
notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and
such interest payments shall not be mailed unless such notice has been given. The Issuer shall have
the right to inspect the Registration Books during regular business hours of the Paying
Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books
confidential and, unless otherwise required by law, shall not permit their inspection by any other i
entity, Registration of each Bond may be transferred in the Registration Books only upon
presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration
and cancellation, together with prorer written instruments of assignment, in form and with guarantee
of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment of the Bond,
or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii)
the right of such assignee or assignees to have the Bond or any such portion thereof registered in the i
name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portir,n
thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the
manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal
balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and
to one or more assignees designated in writing by the initial registered owner thereof All Bonds
issued and delivered in conversion of and exchange for the Initial. Bond shall be in any denomination
or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that
each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed
in the FORM OF SUBSTI1 LTE BOND set forth in this Ordinance, and shall have the characteristics,
and may be assigned, transferred, and converted as hereinaN. provided. If the Initial Bond or any
portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the
Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the
Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments;
and each such Bond shall have a principal maturity dav, corresponding to the due date of the
installment of principal or. ,,rtion thereof for which the substitute Bond is being exchanged; and each
such Bond shall bear interest at the single rate applicable to at borne by such installment of principal
or portion thereof for which it is being exchanged. If only , portion of the Initial Bond is assigned
and transferred, there shall be delivered to and registered i, the Pame of the initial registered owner
substitute Bonds in exchange for the unassigned balance c Fthe Initial Bond in the same manner as
if the initial registered owner were the assignee thereof It any Bond or portion thereof other than
the Initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall
have the same principal maturity date and bear interest at the same rate as the Bond for which it is
exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial
Bond, which shall be executed by the registered owner or its duly authorized attorney or
representative to evidence an essignment thereof. Upon surrender of any Bonds or any portion or
e portions thereof for transfer of registration, nn authorized representative of the Paying 0 w
Agent/Regisirar shall make such transfer in the Registration Books, and shall deliver a new fully
registered substitute Bond or Bonds, having the characteristics herein described, payable to such
assignee or assignees (which then will be the registered owner or owners of such new Bond or
8
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ki16 Bonds), or to the previous registered owner in case only a portion of a Bond is being assigned an
Iransferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or
portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d),
below, for the conversion and exchange of Bonds by any registered owner of a Bond. The Issuer
shall pay the Paying Agent/Registraes standard or custornary fees and charges for making such trans-
fer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any
taxes or other governmental charges required to be paid with respect thereto. The Paying
Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion
thereof (i) during the period commencing with the close of business on any Record Date and ending
with the opening of business on the next following principal or interest payment date, or, (ii) with
respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days
prior to its redemption date.
(b) Ownership of Bonds. The entity in whose name any Bond shall be registered in the li
Registration Books at any time shall be deemed and treated as the absolute owner thereof for all
purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying
Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account
of, the principal of, premium, if any, and interest on any such Bond shall be made only to such
registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Bond to the extent of the sum or sums so paid.
(c) PEaXment 9f .Qend and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the primcy ,1I of and interest on the Bonds, and
to act as its agent to convert and exchange or replace Bonds, all at, ;lrovided in this Ordinance, The
Paying AgentrRegistrar shall keep proper records of all payments made by the Issuer and the Paying
Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all
replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of
interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such
interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and
when funds for the payment of such interest have been received from the Issuer. Notice of the
Special Record Date and of the scheduled payment date of the past due interest ("Special Payment
Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5)
business days prior to the Special Record DAte by United States mail, first class postage prepaid, to
the address of each Holder of a Bond appearing on the registration books of the Paying
Agent/Registrar at the close of business on the last business day next preceding the date of mailing
of such notice.
•
(d) Conv_crsion and Exchange ro Replacement: Authentication. Each Bond issued and
delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or
principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office
of the Paying Agent/Registrar, together with a written request therefor duly executed by the
registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or e
® representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the
option of the registered owner or such assignee or assignees, as appropriate, be converted into and
exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM
OF SUBSTITUTE BOND set forth in this Ordinance, in the denomination of $5,000, or any integral
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multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have
a single stated maturity date), as requested in writing by such registered owner or such assignee or
assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal balance or
principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered
owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or
converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a
single stated principal maturity date, and shall not be payable in installments; and each such Bond shall
have a principal maturity ('sate corresponding to the due date of the installment of principal or portion
thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at
the single rate applicah1c to and borne by such installment of principal or portion thereof for which
it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall be redeemed prior
to itc scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity
date, bearing interest at the same rate, in the denomination or denominations of any integral multiple
of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the
unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for
cancellation If any Bond or portion thereof (other than the Initial Bond) is assigned and transferred
or converted, each Bond issued in exchange therefor shall have the same principal maturity date and
bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall
bear a letter and/or, number to distinguish it from each other Bond. The Paying Agent/Registrar shall
convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered
in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or
required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this
Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that
any Bond authenticated in conversion of and exchange for or replacement of another Bond on or
prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the
Initial Bond, but each substitute Bond so authenticated after such first scheduled Record Date shall
bear interest from the interest payment date next preceding the date on which such substitute Bond
was so authenticated, unless such Bond is authenticated after any Record Date but on or before the
next following interest payment date, in which case it shall bear interest from such next following
interest payment date; provided, however, that if at the time of delivery of any substitute Bond the
interest on the Bond for which it is being exchanged is due but has not been paid, then such Bond
shall bear interest from the date to which such interest has been paid in full. THE INITIAL BOND
issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated
by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for
or replacement of any Bond or Bonds issued under this Ordinance there shall be printed a bond, in
e the form substantially as follows:
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the previsions of the Bond
Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange
d for or replacement ofa bond, bonds, or a portion of a bond or bonds of an issue which originally was e e
approved by the Attorney General of the State of Texas and registered by the Comptroller of Public
Accounts of the State of Texas,
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NAT13NSBANK OF TEXAS N 13 t~
DALLAS, TEXAS
Paying Agent/Registrar
Dated
By _
Authorized Representative"
An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such
Bond, date and manually sign the above Bond, and no such Bond shall be deemed to be issued or out-
standing unless such Bond is so executed. The Paying Agent/Registrar promptly shall cancel all
Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders,
or resolutions need be passed or adopted by the governing body of the Issuer or any other body or
person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or
portion thereof, and the Payiit AgenAegistrar shall provide for the printing, execution, and delivery
of the substitute Bo.xls in the mum er prescribed herein, and said Bonds shall be of type composition
printed on paper with lithograohed or steel engraved borders of customary weight and strength.
Pursuant to Vemon's Ann. Tex, Civ. St. Art 717k-6, and particularly Section 6 thereof, the duty of
conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying
Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication
Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and
enforceable in the same manner and with the same effect as the Initial Bond which originally was
issued pursuant to this Ordinance, approved by the Attorney Creneral, and registered by the
Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or
customary fees and charges for transferring, converting, and exchanging any Bond or any portion
thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or
governmental charges required to be paid with respect thereto as a condition precedent to the
exercise of such privilege of conversion and exchange. The Paying Agent/ Registrar shall not be
required to make any such conversion and exchange or replacement of Bonds or any portion thereof
(i) during the period commencing with the close of business on any Record Date and endirg with the
opening of business on the next following principal or interest payment date, or, (ii) with respect to
any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its
redemption date.
(e) In Cngral. All Bonds issued in conversion and exchange or replacement of any other
Bond or portion thereof, (i) shah be issued in fully registered form, without interest coupons, with
• the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii)
may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may
be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed
and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and
in the manner required or indicated, in the FORM OF SUBSTITUTE BOND set forth in this
Ordinance. • •
B
(f) l'a<tijmgnt of Fees and Charg4„ The Issuer hereby covenants with the registered owners
of the Bonds that it will (i) pay the standard or customary fees and charges of the Paying
Ai;ent/Registrar for its services with respect to the payment of the principal of and interest on the
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Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/ Registrar for services with
respect to the trarafer of registration of Bonds, and with respect to the conversion and exchange of
Bonds solely to the extent above provided in this Ordinance,
. The Issuer covenams with the registered owners of
the Bonds that at alt times while the Bonds am outstanding the Issuer will provide a competent and
fly qualified bank trust company, financial institution, or other agency to act as and perform the
services of Paying Agent/Reglmv for the Bonds under this Ordinance, and that the Paying
Agent/Reglstrar will be one entity, The issuer reserves the right to, and may, at Its option, change
the Paying Aomt/PjWsb v upon not Ion than 120 days written notice to the Paying Agent/Registrar,
to be effective not later than 60 days prior to the next principal or interest paymem date after such
notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by
merger, acquisition, or other method) should resign or otherwise cease to act as such, the issuer
covenants that promptly it will appoint a competent and legally qualified bank, trust company,
financial institution, or other agency to act as Paying Agent/Reg mw under this Ordinance, Upon
any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly Shall
transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books
and records relating to the Bonds, to the new Paying Ageat/Registrar designated and appointed by
the Issuer. Upon any change in the Paying Agent/Registrw, the issuer promptly will cause a written
notice timeofto be sent by the new Paying Agent/Registrar to each registered owner of the Bonds,
by United States mail, first-class postage prepaid, which notice also shall give the address of the new
Paying Agent/Registrar, By accepting the position and performing as such, each Paying Agem/Regis-
trar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this
Ordinance shall be delivered to each Paying Agent/Registrar.
Section 7. FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion
and exchange or replacement of any other Bond or portion thereof, including the form of Paying
Agent/Registrar's Bond to be printed on each of such Bonds, and the Form of Assignment to be
printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate
variations, omissions, or insertions as are permitted or required by this Ordinance.
I
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FOR I~S.TLTUTF~BON
NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT
STATE OF TEXAS $
COUNTY OFDENTON
CITY OF DENTON GENERAL OBLIGATION BOND
SERIES 19,95
ORIGINAL DATE
IPITI.REST RATE MATURITY DATE OF ISSUE _ CUSIPN4,
FEBRUARY 15, 1995
ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County,
Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to
, or to the registered
assignee hereof (either being hereinafter called the "registered owner") the principal amount of
and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30 day
months, from FEBRUARY 15, 1995, to the maturity data specified above, or the date of redemption
prior to maturity, at the intere , rate per n specified above; with interest being payable on
FEBRUARY 15, 1996, and semiannually ch AUGUST IS and FEBRUARY 15 thereafter,
except that if the date of authentication of this Bond is later than the first Record Date (hereinafter
defined), s ,ch principal amount shall bear interest from the interest payment date next preceding the
date of authentication, unless such date of r nentication is after any Record Date (hereinafter
defined) but on or before the next following interest payment date, in which case such principal
amount shall bear interest from such next following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of America, without ex-',ange or collection charges. The principal of this Bon, shall
be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or
1 upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of
NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS, which is the "Paying Agent[Registrar" for
M this Bond. The payment of interest nn this Bond shall be made by the Paying Agent/Ragistrar to the
registered owner hereof on each it erest payment date by check, dated as of such interest payment
date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required
by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with
the Paying Agent/Registrar for such purpose as hereinafter provided; anu such check shall be sent by
the Paying Agent/Registrar by United States mail, first-class postage, prepaid, on each such interest
o payment date, to the registered owner hereof, at the address of the registered owner, as it appeared • •
at the close of business on the last day of the month next preceding ecch such date (the "Record
Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described.
However, the payment of such interest may be made by any other method acceptable to the Payinb
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Agem/Risgistrar and roqucsted by, and at the risk And capenso of the registered owner hereof ny
accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall he
paid to the registered owner at the principal corporate trust Office of the Paying Agent/Registrar upon
presentation and surrix+der of this Bond for redemption and payment at the priix;hpal Corporate trust
office of the Paying Agent/Registrar. The Issuer oovcuaets with the registered owuci of thls Bond
that an or before each principal payment date, interest payment date, and a"mrd udert*l payitxunt
date for this Bond it will make available to the Paying Agent/ Registrar, Pore the "Lderesl and
Sinking hind" created by the Bond Ordinance, the amounts required to provide for the payuma, in
immediately availAble tlmde, of all principal of and interest on the Bonds, when due.
IF THE DATE far the payment of the principal of or interest on this Bond shell be a Saturday,
Sunday, a legal holiday, or a day an which banking institutions in the City where the Paying
AgcnvReWstrar Is located are authorized by law or executive order to close, then the date for such
pavmax shall be the nett succeeft day which is not inch a Saturday, Sunday, legal holiday, or day
on widen iwrdting institutions are authorized to close; and payment an such data shall have the same
force and ciTcct as if made on the original date payment war due.
THIS BOND is um of an Issue of Bonds Initially dated FEBkI lAR Y 1, 1995, authorised in
accordance with the Constiwdun and laws of the State of Texas in the principal amount of
$1,610,000, roR TTIE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING
McROVEWENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: Se135,000 FOR S'I'RHH'I'
AND TRAFFIC IMTROVLMCNTS; $275,000 FOR DRAINAGE IMPROVEMENTS AND
$450,000 FOR PARKS AND RECREATION IMPROVEMENTS.
ON MRUARY 15, 2005, or on any date whatsoever dteieaIIat, the Bonds of this Series
may he redeemed prior to their schodulod maturities, at the option of Ills Iswer. with funds derived
from any available and lawful source, as a whole, or in part, and, if in part, die particular Bonds, or
portions thereoQ to be redeemed shall be selocted end designated by die Issuer (pruvidcd that a
portion of a Bond may be redeemed only in an integral muldplc of $5,000), At the redenlptiun pricy
of the par or principal amount thereof, plus accrued interest to the date fixed for redemption.
AT I VAST 3U days prior to the date fixed for any redemption of Bonds or portions thereof 1
prior to maturity A written notice of such redemption stall be published once in s hnanoial publication, ?
Journal, or reporter ofgenerel circulation among securities dealera in The City ofNcw York, New
York (including, but not limited ter, The Bond Buyer and The Wall Street Iourr,al), or in Cho State of t
Texas (including, but not limited to, The Texas Bond Reporter), Such notice also shall be sent by
the Paying Agent/Re¢Istrar by United States mail, first-class postage prepaid, not lees than 30 days
• priur to the date fixed for any such redemption, to thn. registered owner of earn Bond to be radeemed
at its addicts as it appeared on the 43th day prior to such redemption date; provided, however, that
the failure to send, mail, or ret:rive such notice, or any defect th rein or in the sending or mailing
thereof, shall not effect the validity or effectiveness of the pros, Afngs for the rKtemption of any
Hond, and it is hereby specifically provided dud thepublicatlon ofsu0 notice as required shove shall
be the only notico actually rcquued in connection with of as it prerequisite to the redemption of any t
Bonds or portions thereof. By the date fixed for any such iedcurpdou duo provision shall be trade
D with the Paying AgenVRegistrar for the payment of the required redenifidun price for the Bonds or Y A
portions thereof which are to be so redeemed, plus accrued interest Clletwu to the date fixed for
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redemption. If such written notice of redemption is published and if due provision for such p ym`en'f'
is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby
automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear
interest after the date fixed for redemption, and they shall not be regarded as being outstanding except
for the right of the registered owner to receive the redemption price plus accrued interest from the
Paying Agent/ Registrar out of the funds provided for such payment. If a portion of airy Bond shall
be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same
rate, in any denomination or denominations in any integral multiple of $5,000, at the written request
of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof,
will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of
the Issuer, all as provided in the Bond Ordinance.
k
THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL
MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of
the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon
the terms and conditions set forth in the Bond Ordinance, Among other requirements for such
assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar,
together with proper instruments of assignment, in form and with guarantee of signatures satisfactory
to the Paying Agent/Regisirar, evidencing assignment of this Bond or any portion or portions hereof
in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or
any such portion or portions hereof is or are to be transferred and registered. The form of
Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly
authorized attorney or representative, to evidence the assignment hereof. A new Bond or Bonds
payable to such assignee or assignees (which then will be the new registered owner or owners of such
new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer
of only a portion of this Bond, may be delivered by the Paying Agent/Regisirar in conversion of and
exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the
conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Registraes standard
or customary fees and charges for making such transfer, but the one requesting such transfer shall pay
any taxes or other governmental charges required to be paid with respect thcreto. The Paying
Agent/Regisirar shall not be required to make transfers of registration of this Bond cr any portion
hereof (i) during the period commencing with the close of business on any Record Date and ending
with the opening o: business on the next following principal or interest payment date, or, (ii) with
respect to any Bond or any portion thereof called for redemption prier to maturity, within 45 days d
prior to it,. redemption dale. The registered owner of this Bond shall be deemed and treated by the
Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including
• payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and
the Paying Agent/Registrar shall not be affected by any notice to the contrary.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest
coupons, in th., denomination cf any integral multiple of $5,000. As provided in the Bond
Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner
or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal r ti O
amount of fully registered bonds, without interest coupons, payable to the appropriate registered
owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest
at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested
15
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in writing by the appropriate registered owner, assignee, or assignees, as the can may/be, upon sur-
render of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form
and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/ Registrar's
standard or customary fees aril charges for transferring, converting, and exchanging any Bond or any
portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes
or governmental charges required to be paid with respect thereto as a condition precedent to the
exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be
required to make any such conversion and exchange (i) during the period commencing with the close
of business on any Record Date and ending with the opening of business on the next following
principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for
redemption prior to maturity, within 45 days prior to its redemption date.
IN THE EVENT any Paying Aga"egistrar for the Bonds is changed by the Issuer, resigns,
or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly
will appoint a competent and legally qualified substitute therefor, and promptly will cause written
notice themof to be mailed to the registered owners of the Bonds.
IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly
vnted, authorized, issued, sold, and delivered; that all acts, conditions, and thinga required or proper J
to be performed, exist, and be done precedent to or in the authorization, issuance, and deli *y of this
Bond have been performed, existed, and been done in accordance with law; that this Bond is a general
obligation of the Issuer, issued on the full faith and credit thereof, and that annual ad valorem taxes
sufficient to provide for the payment of the intern' on and principal of this Bond, as such interest
comes due and such principal matures, have been levied and ordered to be levied against all taxable
p, perty in the Issuer, and have been pledged irrevocably for such payment, within the limit pre-
scribed by law.
I
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for
inspection in the offi6al minutes and records of the governing body of the Issuer, and agrees that the
terms and provisions of this Bond and the Bond Ordinance constitute a contract between each
registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or
facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile
01 signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly
impressed, or placed in facsimile, on this Bond.
City Secretary, City of Denton, Texas Mayor, City of Denton, Texas
O
(CITY SEAL) • ~
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FORM OF PAYING AGENTS I TRAR' A mTt~h"^CATION ^pRTtFICATE ~-(1 Z6
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been Issued under the provisions of the Bond
Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange
for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was
approved by the Attorney General of the State of Texas and registered by the Comptroller if Public
Accounts of the State of Texas.
NATIONSBANK OF TEXAS, V.
DALLAS, TEXAS
Paying Agent/Registrar
Dated BY
Authorized Representative
FORM OF ASSI NMFM:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized
representative or attorney thereof, hereby assigns this Bond to
(Assignee's Social (print or typewrite Assignee's name and
Security or Taxpayer address, including zip code)
Identification Number)
and hereby irrevocably constitutes and appoints
attorney to transfer the registration of this Bond on the Paying Agent/Registraes Registration Books
with full power of substitution in the premises,
Rated; '
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Signature Guaranteed: [ktlt :
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NOTICE: This signature must be Registered Owner
guaranteed by a member of the NOTICE: This signature must correspond
New York Stock Exchange or a with the name of the Registered Owner
commercir' bank or trust company, appearing on the face of this Bond in every
particular without alteration or enlargement
or any change whatsoever.
Section B. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking
Fund") is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall !
be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest f
and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and
shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied
and coilected for and on account of the Bonds shall be deposited, as collected, to the credit of the E
Interest and Sinking Fund. During each year while any of the Bonds or interest thereon are
outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and
amount of ad valorem tax whict Hill be sufficient to raise and produce the money required to pay the
interest on the Bonds as such interest becomes due, and to provide and maintain a sinking fund
adequate to pay the principal of its Bonds as such principal matures (but never less than 2% of the
original principal amount of the Bonds as a sinking fund each year); and said tax shall be based on the
latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the
cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered
to be levied, against all taxable property in the Issuer for each year while any of the Bonds or interest
thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and
deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient
to provide for the payment of the interest on and principal of the Bonds, as such interest comes due
and such principal matures, are hereby pledged for such payment, within the limit prescribed by law.
Section 10. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be
deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this
Ordinance, except to the extent provided in subsection (d) of this Section 10, when payment of the
principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of
maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in
accordance with the terms thereof (including the giving of any required notice of redemption), or (ii)
shall have been provided for on or before such due date by irrevocably depositing with or making
available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of
America sufficient to make such payment or (2) Government Obligations which mature as to principal
and interest in such amounts and at such times as will insure the availability, without reinvestment,
orsufficient money to provide for such payment, and when proper arrangements have been made by
the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds
® shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond , O o
hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable
from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this
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Ordinance, and such principal and interest shall be payable solely from such money or Gov. ent
Obligations.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction
of the Issuer also be invested in Government Obligations, maturing in the amounts and times as
hereinbe£ore set forth, and all income from such Government Obligations received by the Paying
Agent/Registrar which is not required for the payment of the Bonds and interest thereon, with respect
to which such money has been so deposited, shall be turned over to the Issuer, or deposited as
directed in writing by the Issuer,
(c) The term "Government Obligations" as used in this Section shall mean direct
obligations of the United States of America, including obligations the principal of and interest on
which are unconditionally guaranteed by the United States of America, which may be United States
Treasury obligations such as its State and Local Government Series, which may be in book-entry
form.
(d) Until all Defeased Bonds shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the
same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and
pay for such services as required by this Ordinance.
Section 11, DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS.
(a) flacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond
of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or
destroyed Bond, in replacement for such Bond in the manner hereinafter provided,
(b) Ap I~ i io_q for Replacement Bond. Application for replacement of damaged, mutilated,
lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying
Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying
for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or
indemnity as may be required by them to save each of them harmless from any loss or damage with
respect thereto, Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall
famish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft,
or des; action of such Bond, as the case may be. In every case of damage or mutilation of a Bond,
the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so
• damaged or mutilated.
{
(c) No Default Occurred, Notwithstanding the foregoing provisions of this Section, in
the event of any such Bond shall have matured, and no default has occurred which is then continuing
in the payment of the principal of, redemption premium if any, or interest on the Bond, the Issuer
may authorize the payment of the same (without surrender thereof except in the can of a damaged
b or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished • •
as above provided in this Section.
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(d) ChKge for Issuing Replacement Bonds, Prior to the issuance of any replacement bond,
the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing,
and other expenses in connection therewith. Every replacement bald issued pursuant to the
provisions of this Section oy virtue of the fact that any Bond is lost, stolen, or destroyed shall
constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond
shalt be found at any time, or be enforceable by anyone, and shall be trolled to all the benefits of this
Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance.
(e) Autbodly for Issuing Replacement Bonds, In accordance with Section 6 of Vernon's
Ann. Tex. Civ. St. Art. 717k-6, this Section of this Ordinance shall constitute authority for the
issuance of any such replacement bond without necessity of further action by the governing body of
the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby
authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall
authenticate and deliver such Bonds in the form and manner and with the effect, as provided in
Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for other Bonds.
Section 12, COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to
refrain from taking any action which would adversely affect, and to take any action required to
ensure, the treatment of the Bonds as obligations described in section 103 of the Code, the interest
on which is not includable in the "gross income" of the holder for purposes of federal income
taxation. In furtherance thereof, the Issuer covenants as follows;
(a) to take any action to assure that no more than 10 percent of the proceeds
of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private
business use", as defined in section 14I(b)(6) of the Code or, if more than 10 percent of
the proceeds are so used, that amounts, whether or not received by the Issuer, with respect
to such private business use, do not, under the terms of this Ordinance or any underlying
arrangement, directly or indirectly, secure or provide for the payment of more than 10
percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the
Code;
(b) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds (less
amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is
used for a "private business use" which is "related" and not "disproportionate", within the
meaning of section 141(b)(3) of the Code, to the governmental use;
•
(c) to take any action to assure that no amount which is greater than the lesser
of $5,000,000, o, 5 percent of the proceeds of the Bonds (less amounts deposited into a
reserve fund, if any) is directly or indirectly used to finance loans to persons, other than
state or local governmental units, in contravention of section 141(c) of the Code;
® (d) to refrain from taking any action which would otherwise result in the Bonds • A
being treated as "private activity bonds" within the meaning of section 141(b) of the Code;
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(e) to refrain from taking any action that would result in the Bonds being
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"federally guaranteed" within the meaning of section 149(b) of the Code;
(t) to refrain from using any portion of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire
investment property (as defined in section 148(bx2) of the Code) which produces a
materially higher yield over the term of the Bonds, other than investment property acquired
wiih
(1) proceeds of the Bonds invested for a reasonable temporary period
of 3 years or less until such proceeds are needed for the purpose for which the
Bonds are issued,
(2) amounts invested in a bona He debt service fund, within the
meaning of section 1.103-13(bx12) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or
replacement fund to the extent such amounts do not exceed 10 percent of the
proceeds of the Bonds;
(g) to otherwise restrict the use of the proceeds of the Bonds or amounts
treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise 1
contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the t
extent applicable, section 149(d) of the Code (relating to advance refundings);
(h) to pay to the United States of Ameri,a at least once during each five-year
period (beginning on the date of delivery of the Bonds) an amount that is at least equal to
90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and
to pay to the United States of America, not later that 60 days after the Bonds have been f
paid in full, 100 percent of the amount then required to be paid as a result of Excess
Earnings under section 148(1) of the Code; and
(i) to maintain such records as will enable the Issuer to fulfill its responsibilities I
under this section and section 148 of the Code and to retain such records for at least six i
years following the final payment of principal and interest on the Bonds.
i
It is the understanding of the Issuer that the covenants contained herein are intended to assure
compliance with the Code and any regulations or rulings promulgated by the U, S. Department of
the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated
which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will not
be required to comply with any covenant contained herein to the extent that such modification or
expansion, in the opinion of nationally-recognized bond counsel, will not adversely affect the
® exemption from federal income taxation of interest on the Bonds under section 103 of the Code, • •
In the event that regulations or rulings are hereafter promulgated which lmpose additional
requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional
requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to
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preserve the exemption from federal income taaati0n of iNet esl un the Bonds under section 103
of the Coda. In fwtherance of'such Intention, the Issuer hereby authul iris and directs the Mayor
of the Issuer to execute any documents, calificatcs or reports required by the Cude wxl to make
such elections, on behalf of the Issues, which may be permitted by the Code as are uunsistent with
the purpose for the issuM:e of the Bonds.
In order to facilitate compliance with the above covenants (h) and (i), a "Rebate Fund" is
hereby establlshed by the Issuer for the sole benefit of the United States of America, and such fund
shall not he subject to the claim of any other person, including without limitation, the bondholders.
The Rebate Fund i.a ertablirhed for the additional purpose of compliance with Section 148 of the
Code.
Section 13. CUSTODY, APPROVAL,, AND REGISTRATION OF BONDS; BOND
COUNSEL'S OPINION, CUSIP NIJMBF.RC, PAF.AMBI.E AND INSURANCE. The Mayor of
the Issuer is hereby authorized to have control of the Initial Bond issued hereunder and all
ucuessuv ttx;urds and proceedings pertalning to the Inibi l Mond pending its delivery mad its
itvesugatiun, cawnliurliun, and approval by the Attorney General of the State of Tex", and its
registration by tho Cunrylruilcr of Public Accounts of the State of Texas I lpon registration of the
Initial Mond aid Compirullet of Public Accounts (or a deputy deslgrtated In writing fn act for said
Comptroller) dull manually sign lie Cumpuultra's Registration Certificate on the Initial Bond, and
tho seal of said Comptroller shall be inapt csxd, or placed in theslmue, on the Itddal Bnnd The,
approving Icgetl opinion of the Iswee, Bond Counsel sad the asalgned CUSTP mumbere may, at
the option of the Issuer, be printed on the Initial Bund ut un any Bonds issued and delivered In
conversion of and exchange or replacement of any Bond, but Ikitltct shall have any legal ePfbct,
and shall be solely for the convcnicnec and information of the registetcd uwnt:rs of the Bands.
The preamble to this Ordinance is hureby adopted and made a part hereof fur all purpuses. If
insurance is obtained on any of the Bonds, the Initial Bond and al; other Bortds dull bear an
appropriate legend concerning insurance as provided by the insurer.
Section 14. SALE OF INITIAL BOND. The Initial Bond is hereby sold and shall be
delivered to , for cash for the par value thereof and
acrnted interest thereon to date of delivery, plus a premium of S . It is hereby
officially found, determined, and declared that the Initial Bond has been sold at public sale to the
bidder offering the lowest interest cost, after receiving sealed bids pursuant to an OiYIC l Notice
of Sale and Bidding Inetnnctions and Official Statement dated February 7, 1995, prepared and
distributed in connectinn with the safe of the Initial Bond. Said Official Notice of Sale and Bidding
Instructions and Official Statement, and any addenda, supplement, or amendment thereto have
been and are hereby approved by the Issuer, and their use in Ihu offer and sale of the Bonds is
• lmcby approved. It is further oftlciaily found, determined, and declared that the statements and
represeniatiuus cunlained in said Oflicial Notice of Sale and O irial Statement are true sad
correct in all material n cspccts, to the best knowledge and belief of the City Council,
Section IS. INTEREST EARNINGS ON BOND PROCEEDS, interest earrings derived
from the Investment of proceeds from the We of the luitial Bund shall be used along with Other
bond proceeds for the u4u6ition and construction of the impiuvements for which the Bonds are
® issued; provided flint after completion of such improvemeuls, if wty of such Interest earnings • •
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remain on hand, such interest ea nings shall be deposited in the Interest and Sinking Fund It is
further provided, however, that :,ny interest earnings on bond proceeds which are required to be
rebated to the United States of America pursuant to Section 12 hereof in order to prevent the
Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for
the purposes of this Section.
Section 16. DTC REGISTRATION. The Bonds initially shall be issued and delivered in
such manner that no physical distribution of the Bonds will be made to the public, and the Deposi-
tory Trust Company ("DTC"), New York, New York, initially will act as depository for the
Bonds. DTC has represented that it is a limited purpose trust company incorporated under the
laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation"
within the meaning of the New York Uniform Commercial Code, and a "clearing agency" regis-
tered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the
Issuer accepts, but in no way verifles, such representations. The Initial Bond authorized by this
Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a
condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause the
Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Initial Bond and deliver
in exchange therefor a substitute Bond for each maturity of such Initial Bond, with each such
substitute Bond o be registered in the name of CEDE & CO., the nominee of DTC, and it shall
be the duty of the raying Agent/Registrar to take such action. It is expected that DTC will hold
the Bonds on behalf of the Purchaser and/or the DTC Participants, as defined and described in the
Official Statement referred to and approved in Section 14 hereof (the "DTC Participants"). So
long as each Bond is registered in the name of CEDE & CO., the Paying Agent/Registrar shall
treat and deal with DTC in all respects the same as if it were the actual and beneficial owner
thereof. It is expected that DTC will maintain a book entry system which will identify beneficial
ownership of the Bonds by DTC Participants in integral amounts of $5,000, with transfers of
ownership being effected on the records of DTC and the DTC Participants pursuant to rules and
regulations established by them, and that the substitute Bonds initially deposited with DTC shall
be immobilized and not be further exchanged for substitute Bonds except as hereinafter provided.
The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying
any fees or charges with respect to its services, will not be responsible or liable for maintaining,
supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests
or rights of the beneficial owners of the Bods. It shall be the duty of the Purchaser and the DTC
Participants to make all arrangements with DTC to establish this book-entry system, the beneficial
ownership of the Bonds, and the method of paying the fees and charges of DTC, The Issuer does
not represent, nor does it in any way covenant that the initial book-entry system established with
DTC will be maintained in the future. The Issuer reserves the right and option at any time in the
• future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only registration
requirement described above, and to permit the Bonds to be registered in the name of any owner.
If the Issuer exercises its right and option to terminate such requirement, it shall give written
notice of Pich termination to the Paying Agent/ Registrar and to DTC, and thereafter the Paying
Agent/Registrar shall, upon presentation and proper request, register any Bond in any name as
provided for in this Ordinance. Notwithstanding the initial establishment of the foic~oing book-
entry system with DTC, if for any reason any of the originally delivered substitute Bonds is duly • •
filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided
for in this Ordinance, substitute Bonds will be duly delivered as provided in this Ordinance, and
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them will be no assurance or reprnseoat" that am book-entry system will he maintained for such
Bonds.
Section 17. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of
the Issuer, and aU other officers, employees, and agents of the Issuer, and each of them, shit be
and they are hereby expressly authorized, empowered, and directed from time to time and at any
time to do and perform all such acts and things and to execute, acknowledge, and deliver in the
name and under the corporate sad and on behalf of the Issuer all such instruments, whether or not
herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions
of this Bond Ordinance, the Bonds, the sale of the Bonds, and the Notice of Sale and Official
Statement; and the Director of Finance of the City shalt cause the expenses of issuance of the
Bonds to be paid from the proceeds of sate of the Initial Bond. In can any officer whose
signature shall appear on any Bond shad cease to be such officer before the delivery of such Bond,
such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer
had remained in office until such delivery,
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Agenda►te
ORDINANCE NO. 11~.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedures
of state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached hereto, are hereby accepted and approved
as being the lowest responsible bide for such itemsr
BID ITEM
NUMBER NO VENDOR AMOUNT
1714 ALL SHOPPA MATERIAL HANDLING $ 36,193.00
1720 2 VILLAGE FORD $ 130288.00
1720 2 HUDIBURG CHEV. $ 13,674.00
1720 3 CLASSIC CHEV. $ 28,972.00
1725 1,10 HARCROSS EXHIBIT "A"
1725 2 RHONE POUL CHEM EXHIBIT "A"
• 1725 3 HCI ADVANCE CHEMICAL EXHIBIT "A"
1725 4,5,6,8 DPC IND EXHIBIT "A"
1725 7 CARCUS CHEMICAL EXHIBIT "A"
1725 9 FE 3 EXHIBIT "A"
SECTION II. That by the acceptance and approval of the above
numbered Items of the submitted bids, the City accepts the offer of
• the persons submitting the bids for such items and agrees to • •
purchase the materials, equipment, supplies or services in
accordance with the termc, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
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SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted bide, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this day of , 1995.
t
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMi
• MICHAEL A. BUCEK, ACTING CITY ATTORNEY
BY:
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s
(BID ♦ 1725 ~ l b~B.'1{ya~o
BID NAME WATER TREATMENT PRICE VENDOR CHEMICALS
ll!N
OPEN DATE FEBRUARY 8, 1995
Y O TY DESCRIPTION
- -
YI,) ~ $364.00 - HARCR'J3S - -~I EXHIBIT 'A'
, W _~--LIUD IACID66 BE
2 75'f'ONS SULFURIC - I
'PL'CIiNICAL ORADLi(Ski3PPGD
BY'l'ANKTRUCK) 1 - $62.42 - ---RHONE FOUL CHEM
3 12,000GA1_ F3YDROI~LlJOR151L1C If) 0(10-
4,SW GAL TRUCKLOADS) ` $0.78 j HCI ADVANrii
C
.
d ~I,OWL.BS-- '1'L7-K A707 ASSIl1M__.. HE_MICAL
PYKOPHOSPHATH95%014(1,115) $0,638 DPC IND
LIpUID CAUSTIC SOl7A,50°.F, NAOH - -
TNS (38.751;6) DRY BAS[N (TN) $364.00 DPC IND
6. 12,500 I1RY L1pllID f.A115'fIC SODA RAYON
L115 ORADE, 50% NA011(38.75%)DRY BASIS $485.00 }on DPC IND
I,BS `N
7. 10,000 L}1S -YO"I'ASSIUM PF'KMANOANA"I"E'I'PCLi !
GKADI. FRL.CI,7..OWINO )5h KMN04
(55k CANISTERS) 1.2075 CARCUS
-R---M- - -I CHEMICAL
S. 72 ,OW LBS -ANIlYD0U5-A
-MONIA 1ikR4vi UM 1- r
• ORADE?(AMMONIAI 99,925%,Oll, 2PPM,
WATER 33PPM ;0,26 DPC IND
I
9. 764 W -F 50---% SOL 6 U - - -
I TION LIUIJIll FL?IiI:IC ,
T'NS SULI2AT-E(TNS) $105,00 FE3
10. 100'1-NS SlJ1J'UP. DIOXIDE(1'1'N CYLINDERS) $688.00 HARCROSS
® ll. POLYMER
A. 4,000 GAL BULK SHIPMEN'I:S (800-1000 GAL)
' NOT AWARDING '
B. 350WI,Bti SSOAI BAltKELLE1,L S
H1PMl'N'CS-~I-~-----~----- I ,
-_-----NOT A'VARDINO ' -
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Agenda No
AgOOdalts
DATE: FEBRUARY $JL;1M
CITY COUNCIL REPORT e4 r'Z
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID N 1714 - FORKLIFT
RECOMMENDATION: We rocommend this bid be awarded to the lowest bidder
meoting specificatfons, Shoppa Material Handling, in the total amount of $36,193.00.
SUMMARY: This bid is for the purchase of a forklift to replace a 1973 unit at the
Aator Production Plant.
Five bid proposals were received in response to six bid packages mailed to vendors.
The lower price offered by Equipment Depot #2 fails to meet specifications for engine
type. Our requirements call for 6 cylinder gasoline; they offer 3 cylinder diesel.
BACKGROUND: Tabulation Sheet, Memorandum from Tim Fisher.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water Treatment Plant
FISCAL IMPACT: This wilt will be funded from Motor Pool replacement funds and
1994-95 budget funds for capital expenditures.
Motor Pool Accoum # 720-025-0684-9104 $10,078.00
Water Plant Budget Account #620-081-0460-9109 $28,115.00
$36,193.00
Respee lly submit
y Mar rell
City Manager
• Prepared By:
Name: Denise Harpool
Title: Senior Buyer
• A proved:
a
Name: 'tomb. Shaw, C.P.M.
Title: Purchasing Agent
570.AOF.KDA
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1714 ~ --T-
FORKLIFT EQUIPMENT EQUIPMENT BAILEY DARR SHOPPA I SUNBELT ! ?
v DEPOT DEPOT FORKLIFT LIFT MATERIAL IND
7E~ FEBRUARY 2, 1996 1 2 HANDELING
!-L_~ 3€e~ W_ - E ~73~1 ~R6 ~iFl$0~ TDE~3 N~ii~ -j
FORKLIFT, ROUGH TERRAIN ] $36,946.64 $32,396.00 $44,409.00 $46,996.76 $30,193.00 ! 530.676.00
TYPE
1:. MAKE MASTER HARLO WIGGINS CAT MASTER MASTER
CRAFT CRAFT CRAFT
MODEL YT6106 HF-466 WG60AT-96 ROO YT6106 YT910
ENGINE FORD FORD FORD 419" FORD FORD
PERKINS
DELIVERY 46-60 DAY 1,20 DAYS 126 ;AYS 260 DAYS 46-60 DAYS 16-30 DAYS
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* ApGRC~a~Io
TEXAS
CITY of DENTON, TF,XAS WATER PRODUCTION 1701•B SPENCER RD DENTON, TEXAS 76205 (817( 363-7501
MEMORANDUM
TO: Tom Shaw
Purchasing Department
FROM: Alberto Lopez
Maintenance Supervisor
Water Production Plant
DATE: February 15, 1995
SUBJECT: 1995 FORKLIFT PURCHASING
I have received the bid information from your Department and noticed several heavy equipment
suppliers bid on the same product. I discussed this Issue with you and Mr. Jarvis and concur with
the specification and application of the bid characteristics.
The low bid from Equipment Depot Bid #2 does not meet the HP and engine specifications. My
recommendation, after discussing this Issue with the Plant Manager, Tlm Fisher, Is the YT6105,
Master Craft brand from Shoppa Material Handling Co.
The current forklift #000339, or 6065, was purchased on December 12, 1973 and Is scheduled
for replacement during the 1995 FY due to historical and projected maintenance costs. This unit
has been rebuilt in the past and currently would require a $10,000 Investment In order to maintaln
and refurbish the hydraulic and mechanical systems, This unit is used for chemical material
handling, such as unloading potassium permanganate and polymer drums. This unit Is also
utilized to manage transportation of heavy machinery within the Plant and facilities assigned to
the Water Production Department. This includes storage tanks, well slles and raw water stations.
•
Due to the costs required to refurbish the old unit, I agree that we should purchase the new
equipment according to procedure, (A copy of the bid spread with prices and suppliers and a
copy of all the bids is in my office for further reference.)
Sincerely, • 0
Alberto Lopez
b:lbid-95for2
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Ap~►deNa
Agentlaifem C"
DATE: FEBRUARSh(11 199 p~5
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID; 1720 - FLEET VEHICLES
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder as
listed bolo w
Item 1 Utility Vehicle 4 Door - No Award
Item 2 1 Mid-Size 4 Door - Village Ford $13,288,00
Item 2 1 Mid-Slze 4 Door - Hudiburg Chov. $13,874.00
Item 3 2 Mid-Size 2 Door - Classic Chev, l4 486,00each
4 Units Total Award 55, 34.00
SUMMARY: This bid is for the purchase of four vehicles to be assigned to the
brim nal -Investigation Division of the Police Department, We have recommended dual
award on Item 2 to purchase the lowest bid from two different manufacturers. The
intent is to have a non uniform CID fleet. It is the feeling of the Police Department
that this diversified fleet will lend itself to a more efficient use of the intended
purpose of the vehicles.
These units will replace four 1989 vehicles approved in the budget process, The old
units will be reviewed by the Fleet Services Department and possibly reassigned to
lighter duty application.
BACKGROUND. Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Police Criminal Investigation
pivision, Motor Pool Operations
FISCAL IMPACT: These units will be funded from Motor Pool Replacement Funds
Ac=count 720-025-0584-9104.
4HarreRe ly sub d: City Manager
Approved:
Name: Tom D, Shaw,C,l),M.
Title: Purchasing Agent
572.ACMA
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BID ! 1720
BID NAME FLEET VEHICLES CLASSIC HUDIBURO BILL BOB Btu, VIUADE
CTi13V aTEv UTTER SUMMER U rHR FORD
OPEN DATE FEBRUARY 2, 1996 FORT) MEM FORD DODOS
DEBOR PTION - - - --_R_~
1. ; 1 UTILITIY VEHICLE 4•-DOOR NB NB 521,30615 524,4S3.0 5211500.09 521,500.00 J
' Im fow TIOY 4RUNNER EXP t
2. 3 SEDAN MID-SIZE 4-DOOR NO $13,674.00 $14,732.20 NO $15,494.00 $13,288.00 j
I WNW" TAURUS STRATUS J TAURUS I
3. 2 SEDAN MID-SIZE 2-DOOR $14,496.00 $14,518.0 NB NB $15,703.00 525,900.00
MONTE CARLO MOVIE CARLO ADVW40ER CONTOUR
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ARENDALE FORD
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AgertllaNo 5-007
Agondalte
it!o- .c.2=~~
DATE: February 21, 1995
CITY COUNCIL REPORT 908
TO: Mayor e , Members of the City Council
FROM: Lloyd Harreli, City Manager
SUBJECT: BID i1 1725 -WATER TREATMENT CHEMICALS
RECOMMENDATION: Council approve award of Bid $1725 - Water Treatment
Chemicals to the low bidders meeting specifications in the unit price as shown on
Exhibit A.
SUMMARY: Bid Is for the comparison of prices on chemicals used in water
treatment. These chemicals are used by the Water Production, Water Reclamation
and the Electric Production Divisions, Based on the approximate annual usage of
each Item, the total purchases are estimated at $281,750,00. Item 11 is not being
awarded at this time and is scheduled for rebid.
BACKGROUND: Tabulation Sheet, Exhibit A
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Water Production, Water
Reclamation, Electric Production.
FISCAL IMPACT: Budgeted funds are available In'95 Fiscal Year operating budgets
for purchases as needed.
Reap fully at tted:
Lio d V, Har ll
City Manager
Prepared By:
• Name: MeI nIe Ilarden
Title: Buyer
i
Approved:
Namo: Tom D. ShaP.M.
Title: Purchasing Agent
5i1.Atl6N~A
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B I D I 1 72 b - i - -
810 NAME WATER TREATMENT PRICE VENDOR
CHEMICALS
iOPEN DATE FEBRUARY 8 1886
OTY
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! 2007NS LIQUID CHLURINk(1!N(Yl) I $364.00 HARCROSS
EXHIBIT 'A'
'L. ^75 TONS i SULFURIC ACID 66 BE
TECHNICAL ORADE(SllIl'PI?!)
I BY TANK7RUCK) $62.42 RHONE POUL CHEM
0Al, IjYDROE~LUORISILIC ACID(4,000_..--~-~ _II
4,500 GAL TRUCKLOADS) f $0.781 HOIADVANCE +
CHEMICAL ----I
4._..-],0001 ISS '!'I7RAYOT O'IASSIUM--
PYROPHOSPHATV95%014(1,RS) $0.838
DPC IND;
5 500 f)RY IOUIU CAUS'['IC SODA,50°5 NAUII
TNS (38.75%) DRY BASIN (TN) $364.00 DPC IND
6. 12,500 DRY I IQUlD CAUSTIC SODA RAYON T
-
LBS ORAbf:,50%NAOH(38,75%)URY HASIS~ $486.00 ton ~ DPC IND ~
(I BS)
- -
7. 30,OW LBS P09ASS[l1M NERMAN(lANA7'N TECII
GRADE FREL FLOWING (9504E 1(MN04
i(55#CANISTERS) 1.2076 CARCUS
CHEMICA
H. 92,000 LABS- L
6RADE(AMMONIA) 99.9951A,01l, 2PPM,
• WATER 33PPM $0.26 L: PC IND
W! ! 50°b SOLUTION LIQUID FERRIC '
'NS SULPATE(TNS) $106.00 FE3
TNS SULFUR DIOXIDE(ITN CYLINDERS) $688.00 HARCR088
- ---1~-_.__ POLYMER
• J4,(JAL 11 BULK SHIPMENTS(800-IDOOOAL)
NOTAWARDING ' -it I
B._ IL BS 55 GAL HARRELL SHIPMENTS NOT AWARDING '
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BID NAME WATER TREATMENT DPr ~PH1-I MIDLAND 'SWEET- PORT PEN 000 9CNOLLa NARCROSS I,
CHEMICALS IND I RasoURCHS WATRR BAND
OPEN DATE FEBRUARY 9, 1906 1sCH SoR YIC ES
_ PAGE 1 OF 2
°1Y GIUANTIT Z DESCRIPTION ...W 1-14-RNTE
1. 1o0 TNS LIOUID CNLOR INH(ITN CY L) 1123.90 NB _ N11 NB K9 N B- _ NB $361.00
NSPdO CBRTIPIHD YES/NO -13MO/YR9 I1MOIYES
2. 3_3 TONS SULFURIC ACID 66 HP.
I ? -1 TECHNICAL ORADII(SHIPPUD
BY TANK TRUCK) 874.80 970.00 HB NS NB NB 61.00 NB
NSP60 CRATIP)EO) YIWND 11 MO/YES 12 MO/PHND IIM_ O/NO
J2,000 OAL 111 Y OROPLUORI9ILIC A CI D(4,000-
I3000ALTRUCKLOADS) 93 NO NO NR NB 1.011 NB .03
-SP60 CRRTIP16Ui YA9/NO__ 12 MOIY ES 6MOlYH8 13M 0/YES )f
- - - _
4 L,000L BS Ta TRAPOTASSIUM
PYROPHOSPIIATH 03% 014(1.95) .839 NR NB NB I NO NR NB .689
NSP60 C9RTIFIHD/ YF.VNO 12 MO)YHS 12MUIYAS
700 DRY LfOUID CAUSTIC 90 DA,b6 NAON
NB NO
TNA (,16.]191) DRY BASIN (TN) NSP60 {3!4.00 NB NB N9 N-8- No
CBRTIPIHD3 YRS/ND 3M_O/YHS yI. _
6 1Los 3AY U--C 6i 016 N 9 1 (187) R1PR Y4)BASI 1163.00♦ N6-.-_--HB NO NB NS N9"__.__ ~ _me --7 A
(1.09) NSP60 CH%TI PIED YHSIN_0 _ 3MO/YES
] 10,000 1 BSI~IPOTASSIUM PHRMANOANATE TRC11
i URADH PRHP. PLOWINO (93%)KMNO4
1. ~3,000 LOS (31• CAN1S'COKS) NSPOO CERTIFIHD 1.219 NB HB NB NO NB NB 1.119
YUS$NO 6MO)YH9 11MolYH9J
~r 12,000 ANIIYDROUS AMMONIA PRHMIl1M
_ I PADK(AMMONIA1 99.993%.OIL iPPM, 1
WATER l1PPM NSP60 CHRTIPIEb1 .25 NB NO NB NB NB NB NO
I _ YHSWO 12MO/YES
9 761 WaT ~ !DR SOLUTION L10UID PaA RIL
TNS - 9ULPATR('1NS) NBP60 CRRTIPIHD 110! 00 $161.60 NB NB NB NB NO
YP91NO NB__ 12110/YRS I1MolYa9
• 10, 100 TNS ~5ULPUR DIOXIDR(ITN CY[ IHDe%S) 21'/2.00 NB NB NB NB NB NB {$6f 00
_
4 00 OA1, H ISMD I1M0
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U L K SIIIPM aNT9(600 - 1000 0A1.)
0 OLDS P O L Y M H R__
'NOT _ AWARDING'
13 UAL BARRHLL SIJIPMRNTS
NOT AWARDING '.._._-_L
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810 - 1726 - - - - - ;
91D NAME WATER TREATMENT HCI CARUS RHONR LCI DHLTA NO BID RHBPONSH
CHEMICALS ADVANCH CHHMICAL POUT. LTD DIRT
OPEN DATE FEBRUARY 9, 1996 CHHMICAL CHUM
PAGE 2 OF 2
N 1QUlINTIT DESCRIPT'ICN VENDOR_ ND~R-- VENDOR 17 FTDQF~ EN~OR_- -
~ CHHM CUNTKAt
1. 200 TNS LIQUID CHLORINE(ITN CYL) NB NB NB NR N8 TBRKA INTL ;
NSP60 CHRTIPIRD YRS)NO OHNRRAL CHRMICAL
f 175 TONS 9ULPURIC ;CT-O66 BR
THCHNICAL ORADR(SHIPPED
BY TANK TRUCK) /1.00 NB $61.11 NR 177.00 ,
NSP60 CHXTIPIBD7 YRSINO 171,101FUND (2M0/NO 11MOIYHS r
' S. 31,000 OAL HYO RO PLOORISI LIC ACID(f,000- $L01 I i
li 1,100 OAL TRUCKLOADS) .16 NB ND $1.07 17 MO
- NSP60 CRKTIPIBDf YHS/N0 12MOfYUe 11M01Y68 !NO-PHND
- I. 1,0001- NS THT 0.A POT A9B11/M
PYKOPHOSPHATH 03% 014(I.RS) 1976 NR NB NO .69
NSP60 CHR TIPIR DP YHSlNO YRR 17MO/YHB
~,.._._7__-_--_._
3, r 500 DRY LIQUID CAUSTIC SODA,30% NAOH 1]/0.00
6. 7,SOO DRYS L(1300.75%)---CHRI U9IBDT SODA RAYON YON -'PONDS N■ NO N B 1M `YR8
N
LBS RADR, 30% NAOH(19,71%)DRY BAS], J-11-03 NB NY N8 ,717
(LOS NSP60 CERTIFIED Y1!!/NO POND - ]MOfY BB
_
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f 7. 10,000 LBS }POTASSIUM PHRMANOANMrll TECH
p RADII PREP. PLOWINU (93%)KMN04
ff• CANISTERS) N9N 060 CB RTI Plft O-- N8 I7 M 1.2013 Ol Y BSNBNnI]YOIYRR_ ICI
1. '.71,000 LOS ANHYDROUS AMMONIA PRHMIUM
IRADH(AMMONIA) 99.991%,011. 2PPW
WATPR 33PPM NSP60 CORTIPIRDI NH NB NB NB NB
_ ___YHafN0
9 76l WO7 50% 901. UTION LIQUID PURRIC A
iNB SULPATH(TNSI NSP60 CRRI.1P1BD NR NB NR N■ N■
_ YBS/NO • `1 D. 100 TNS SULPUR DIOXIDB(ITH CYI.IN UH RS) NO
NS
No No NO
II+ - _ _ _
POLYMHR'
0AL BULK SHIPMHNTS(800-1000 OAL)
000
JA
3,000 L83 11 OAN T RWARDING IINT9'NOTAWARDINO'
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and
plans and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the
construction of public works or improvements, as described in the
"Bid Invitations", "Bid Proposals" or plans and specifications on
file in the office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and approved
as being the lowest responsible bidet
BID NUMBER CONTRACTOR AMOUNT
1710 SUN COMMERCIAL ROOFING $103,477.00
1710 J & J ROOFING $273,042.00
1716 PREMIER ROOFING SERVICE INC $ 66,600.00
SECTION II. That the acceptance and approval of the above
competitive bide shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders Including the timely execution of a written contract and
furnishing of performance and payment bonds, and insurance
certificate after notification of the award of the bid.
B SECTION III, That the City Manager is hereby autuorized to O O
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts
are made in accordance with the Notice to Bidders and Bid
Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and
specified gums contained therein.
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AI~Srf,+Jl1d71
DATE: FEBRUARY 21, 1995
CITY COUNCIL REPORT Z
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1710 - REROOFING OF MULTIPLE FACILITIES
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for
each facility. The Senior Center, Denis and North Lakes Recreation Centers shall
be awarded to Sun Commercial Roofing, in the total amount of $103,977.00. The
Morrison 's area of DMC, the Civic Center and Visual Arts Buildings shall be awarded
to J & J Roofing, in the total amount of $273,042.00. The total expenditure for these
projects will be $377.019,00.
SUMMARY: This bid is for all labor and materials necessary in replacing the above
mentioned roofs, The replacement of these roofs is a budgeted expenditure in the
1994-95 Facilities Management Budget. The reroofing projects require a two year
warranty from the contractors for workmanship and a fifteen year warranty from the
manufacturer on materials.
Notices to bid were mailed to 17 vendors, with 13 attending the Mandatory Pre-Bid
Meeting. We received 7 bid proposals from contractors In response to this bid.
BACKGROUND: Tabulation Sheet, Memorandum from Bruce Henington dated
February 9, 1995.
FISCAL IMPACT: Funds for this project will come from budgeted roof maintenance
and repair unds for 1995 with a balance of $422,000.00.
Respe ully sub ed:
oy V . Harre 1
City Manager
er
Prepared By:
• ~ J+L
Name: llenisd Harpoon
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
569.AGENDA
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4
E REROOFING OF MUTILPLE R H BUN CEI C.D. SUPREME J S J PARSON
FACILITIES SMITH 00 COMM'L ROOFING MOKAMIE SYSTEMS ROOFING 6 COWL
ATE JANUARY 31, 1996 ROOFS SHEFT ROOFING
_ METAL
ANTlTY~- _ _DESO IPT10N_ „_YLNI~6R- VE-~I0 i__ __VENbbA _ O~tfN_ V 10 4 VE~k60R VE/iDOA
h BASE BID 1 $117,600.00 $107,451.00 •116,482.00 4113,000.00 $113,800.00 $105,297.00 $124,989.00
BASE BID 2 NB $18,411.00 $23,790.00 $24,000,00 427,600,00 $22,440.00 NO
BASE BID 3 $47,900.00 442,763.00 $64,658,00 461,000.00 $68,600.00 H6,366.00 $63,$93.00'$
BASE 8104 $47,900.00 $42,763.00 $64,868.00 $81,000.00 $63,500.00 $46,366.00 $63,8P3.00
BASE BID 5 NB $116,644.00 NO $130,000,00 $137.600.00 $112,645.00 NO
! BASE BID 6 NO $68,731.00 NB $82,000.00 $67,300.00 $65,080.00 NO
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02-10-95A(18:23 tCVI) ~Og
CITY of DENTON, TEXAS MUNIQPAL BUILDING / DEN TON, TEXAS 76207 / TELEPHONE(817)566.8200
mmox%num
T0; Denise Harpool, Senior Buyer
FROM: Bruce Henington, Facilities Manager
DATE: February 9, 1995
SUBJECT: Roof Bid # 1710
The Facilities Management staff accepts the following bids:
A TY BIB PRIR BIDDER
DMC (Morrison's roof) $105,297.00 J&J Roofing
Senior Center (old roof) 18,411.00 Sun Commercial Roof
Denia Recreation Center 42,783.00 Sun Commercial Roof
North Lakes Recreation Center 42,783.00 Sun Commercial Roof
Civic Center 112,685.00 J&J Roofing
Visual Arts Center 55.060 00 J&J Roofing
TOTAL
$377,019.00
We have checked all of the listed references for both of these
bidders and received an overall good rating on both bidders.
Please take the following contracts to City Council and notify me
of that date.
J&J Roofing $273,042 1
Sun Commercial $103,977
01 If you have any questions call me at extension 8134.
• 1
Aruce Fien -t on, C, M.
1842. PM
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DATE: FEBRUARYDAIP,~
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Iiarrell, City Manager
SUBJECT: BID # 1716 - HEAVY EQUIPMENT MECHANIC
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder
Premier F.qulpment Service Inc. at $32.00 per hour, annual estimated expenditure
$66,600.00.
SUMMARY: This bid is for an annual contract to supply labor and equipment to
perform maintenance and repairs to the Solid Waste Landfill fleet. Premier Equipment
Service will provide fully trained mechanics, service truck and tools required to do
preventative maintenance, on site repairs, and written reports of such activities for
the heavy equipment at the landfill. Utilization will be on an as needed basis at the
discretion of the Fleet Services Superintendent.
The City of Denton will supply all parts as recommended by Premier Equipment
Service,
This contract will give the City of Denton direct access to expertise and equipment
currently not avalloble from staff. Contracting for a flat per hour fee also allows
for better control of coats and quicker response time,
BACKGROUND: Tabulation Sheet, Recommendation from Fleet Services
Superintendent, Jack Jarvis,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Landfill
Operations, Fleet Services Division
FISCAL IMPACT: This contract for services will be funded from 1994-95 budget
funds for sublet repairs of equipment Account Number #730-025-0880-8710.
Reap ully su ted:
O
1o d arts
City Manager
Approved:
• •
Name: Tom D.1Shaw, C.P.M.
r
j Title: Purchasing Agent
57).AOERDA
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AME HEAVY EQUIPMENT AIS PREMIER DARR I K & K
I MECHANIC CONT EQUIP EQUIP i FORKLIFT
DATE FEBRUARY 9, 1996
JARTHY
HOURLY RATE BASED UPON $86.00 $32,00 UNABLE TO 1 MAN $30
40 HRS PER WEEK MEET BID 2MAN $60
[9i .p REQUIREMENTS
i 2• HOURLY RATE BASED UPON $97.50 $32,00 1 MAN $60
OVER 40 [IRS PER WEEK 2MAN $100
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CITY Of DBNTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201
MEMORANDUM
TO: Tom Shaw, Purchasing Agent
FROM: Jack Jarvis, Superintendent of Fleet Services
DATE: February 15, 1995
SUBJECT. BID q 1716--HEAVY EQUIPMENT MECHANIC
Upon review of the four bids received concerning the sublet repair on landfill
equipment, the lowest overall bid was made by Premier Equipment, The hourly rate
(both regular and overtlme) submitted by this organlzadon Is $32 per hour. Because
keeping the landfill equipment operational at all times is a necessity and doing so may
require work beyond a scheduled forty hour week at times, this fixed rate Is the best
offer received,
l recommend awarding bid Item #1716 to Premier Equipment fora one year contract.
Sincerely,
3
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8171666.8200 DIFW METRO 434.2629
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AgendaNo
Agondafta -
SECTION IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the _ day of 1994.
BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER WALTERS, C17-Y SECRETARY
BYs
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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ORDINANCE. N0. 49AMf2l1
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT CIb6
PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF
DENTON; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, in accordance with the
requirements of TEX. LOC. GOVT 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 N8.
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
essential 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 II. The City Council hereby authorized the City
Manager to execute any and all documents necessary to consummate
the sale of real property in accordance with the contract, and the
expenditure of funds incidental to said exchange.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the _ day of , 1995. a
BOB CASTLEBERRY, MAYOR
• ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: ,
• MICHAEL A. BUCEK, ACTING CITY ATTORNEY • •
BY:
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BID'N(46ER Ibg, BID PROPOSALS Pt"daA
City at Damon, Taxes i01•! Texas 61.
_ PurcharfneDepaAmant Donlon. Texas 76201
ITEM DLSCRIPIION QUAN, Odif
BFP;CIFICATIONS
WELL SITE. 15:
The 0.161 acre tract of land located at SHERMAN DRIVE
currently owned by the City of Denton is available for sale
This site was formerly a water well. A site trap and legal
description is attached. The City will convey by quitclaim
deed. The ci.ty will require that the property shall not be
ul:ilized for the underground storage of chemicals.
WELL SITE 18:
The .0_246 acre tract of land located at WOODROW IMF
currently owned by the City of Denton is available for sale 6+/U
This site war, formerly a water well. A site map and legal .xr' uA'
descri3t:ion is attached. The City will convey by quitclaim X4,45 31p0
deed. The City will require that the property shall not be
utilized for the underground storage of chemicals.
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We Quolo the above Lo, b, delivered to Denton, Texas. Shipment can be made In _-days from receipt of order. Terms na U30
unlosc ollmrwlso indicated.'
• In submdlintl tlm above bid, the vendor aglcos Thal accoplance of any or all bid Items by the City of Denlr 1, Texas wllhin a • •
roesunabtn pulnai of hint, conshlues a conhaet The cnnlploled hld Proposal must be properly priced, signed and ietorned.
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DATE: FEBRUARY 21, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID 11695 - SALE OF LAND - WELL SITE 08 AND 05
RECOMMENDATION: We recommend the highest bid for Wall Site #8, submitted by
Reuben Cagle n 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 Sharman
Drive have been declared surplus property. The wells have been plugged and
property has been submitted for bid to the general public,
The bids recoivod 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 Uiillties,
Water Production Division
FISCAL IMPACT: The funds from this Sale of Land will be deposited to the Revenue
Account Number #820-081-0750.
Reap ully aub t d:
1d V. Har I
City Manager
Approved By:
Name: Tom D. Shaw, C.P.M,
Title: Purchasing
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~o SALE OF LAND TRINITY REUBEN HAMILTON I
WELL SITES 6 & 8 PRESBYTERIAN CAGLE VALLEY
0 ko DECEMBER 6, 1994 J CHURCH MGMT INC ~
UNDO v -_1v€I; ffw- reffff m-
1. RES WELL SITE #6 $6.00 N/B NIB I
SHERMAN DRIVE
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~2. 014A RES WELL SITE #e NIB 56,100.00 $3,460.00
WOODROW LANE
'x BID BOND ENCLOSED YES YES YES
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PUB MINUTES
Excerpt 1/19195
8. CONSIDER APPROVAL OF BID NO 1695 FOR THE SALE OF WELL
SITE NO. 8 TO REUBEN CAGLE W 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. Co°len made a motion to approve the sale of
Well Site No. 8 as pr&,ented In agenda packet, 110k ins seconded the
motion. All es ys, motion passed unanimously.
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CITY COUNCIL R PORT F (leis.
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DATE; January 9, 1995
TO: Mayor and Members of the City Council f
FROM. Lloyd V. Harrell, City Manager
SUBJECT: Ordinance Amending Chapter 34 `I
RECOMMEND TION: E!
Approve the ordinance
SUMMARY/BACKGROUND:
This paragraph in the "driveway section" of Chapter 34 of the
Subdivision Regulations will eliminate an obstacle that has no real
negative traffic impacts. The ordinance would allow 30' wide
drives only in the case of 3 car or more garages which prohibits
creating car parking ramps.
PROGRAMS DEPARTMENTG_ OR GROUPS AFFECTED
Citizens with three car or more garages, builders, Building
Inspections
FISCAL IMPACT:
None
RESPECT LY SUB I TED:
Lloy Harrell
City Manager
• Prepared by:
Jerr~ la k
Director of Engineering & Transportation
e Approved;
Jerry C, rk
Director of gineering A Transportation
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P & Z Minutes
January 25, 1995 Z
Page 39
changed it would apply to that and you could have a thirty
foot drive opening even if it was a side opening. You run the
risk of someone with a three car garage with a aide opening
wanting to build a thirty foot wide driveway. I don't think
that I have ever seen a situation where someone elected to
build a thirty foot wide driveway to a side entry garage
because of the cost involved.
Dr. Huey: i recommend approval of the ordinance amending
section 34-115 of the Code of Ordinances concerning driveway
widths for single and two family residential uses as proposed
except with an amendment that this is for three car or more
garages.
Ms. Flemming: I'll second.
Ms. Russell: Any dticussion? All in favor please raise your
right hand. All opposed same sign. Approved. (6-0)
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That is very typical and I don't think I have every seen a
situation where someone had a garage door that faced the side
and then they had a thirty foot opening going all the way up
to the house. And I don't think I have ever seen a situation
where someone had a narrow pie shaped lot. and completely used
the whole front yard with a thirty foot driveway.
Mr. Cochran: Was this initiated by a particular case or by
staff?
Mr. Salmon: It was initiated by the Traffic Safety Commis-
sion. They have seen such a number of variances in this
situation and they felt that these people deserved to have a
thirty foot driveway but following the ordinance and the
criteria that they are given they just felt that legally they
could not grant those variances. They asked for this
ordinance to be amended.
Ms. Schertz: Is this primarily new construction?
Mr. Salmon: Almost all the time it is, I think I can recall
one case where there was an older home that did have a carport
or added a carport to the side of a two car garage.
Ms. Schertz: Is there a particular area or subdivision that
we are addressing, or is it basically through out? As a
builder I am having a hard time knowing where this situation
is going to happen in new construction?
Mr. Salmon: I can think of one situation that is in
Southridge East, I can't remember the street. It is a corner
lot. This typically happens on a corner lot where you have a
garage on the side and it goes out to the street.
Ms. m not on a street
like where it is a main st eet?I am in favorof this FandeItthink
it needs to be.
Mr. Salmon: Normally this only occurs on new homes because
there aren't very many older homes that have three car garages
unless they add a bay, Typically this would happen on a
corner lot where you have a garage facing the side street.
e Mr. Cooper: Does this only apply to those three car g • O
that do face the street? Whaif you have one that isarside
entry and it is a three car garage?
Mr. Salmon: Currently the way this ordinance amendment is
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P & 2 Minutes C
January 25, 1995
Page 37 o6 II
Traffic Safety Commission that this would be an improvement.
One thing that I would like to mention that is a little bit
different from the Traffic Safety Commission recommendation
and you have a copy of the actual written ordinance that is
being proposed. It says "maximum three car gara(i only,
thirty feet width." Staff would like to amend that to say
"three oar garage or more." We may have an instance where
someone would want a four or more car garage and certainly if
it's acceptable to have a thirty foot opening for a three car
garage, thirty foot opening would be acceptable for more bays
than that.
Mr. Cooper: Why would you want to limit this to a three car
garage or more? What if someone had a two car garage, but
maybe had three vehicles and w;uit:d a parking space in their I
driveway or something like that?
Mr. Salmon: There is a concern with that. That issue did
come up with the Traffic Safety Commission and I think it is
in the minutes in the backup. one of the things that staff
was concerned about and the Traffic Safety commission
concurred with is that a lot of times when
garage and you have a third bay t you have a two car
that is where ou ark the
boat, the RV, the car that doesn't run. We fought that battle
a few years ago and we don't want to do something that would
bring that issue up again. We would like to avoid situations
that make it easy for people to have additional storage
outside of their garage,
Mr. Cooper: What about a carport? Say you have a two car
garage and maybe a carport that extends it for a third
vehicle?
Mr. Salmon: I don't know if that particular issue has been f
addressed?
• Mr. Cochran: What is the minimum lot width that you could
have and have a thirty foot driveway?
Mr. Salmon: Our ordina>ce allow a minimum of a thirty foot
lot width. Typically when you have those pie shaped lots you
will find that people tend to put their driveways on the lot
line and maybe share, When you have three car garages and • •
• they face the side of the lot instead what you will see is
maybe a fifteen to seventeen foot wide driveway where you pull
in and then you have to turn to pull into the garage, A lot
of times in that situation you will have two adjacent lots and
the garage doors face each other and people share driveways.
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January 25, 1995
Page 36
IV. Consider an ordinance amending Section 34-115 of the Code of
ordinances allowing up to a 30 foot driveway width for single
and two family residences with three car garages.
Mr. Salmon: Madam Chair and members of the Commission in
October the Traffic Safetv Commission met and they recommended
that we increase our maximum driveway width for single family
and duplex driveways from twenty feet to thirty feet in the
event that the particular home would have a three car garage.
We have had a lot of variances in the last few years in cases
where we have homes with three car garages especially where
the three car garage would face the street. Our Zoning
Ordinance is such that it is possible to put the face of a
garage as close as ten feet to the property line. Typically
they are further back but they can be as short as twenty-five
feet. When you have a three car garage facing the street and
only a twenty foot opening that only gives you twenty-five
feet after you pull in the driveway to move over into another
bay. Normally we don't advocate large driveways because in
most instances they can actually create sloppy traffic
movements, but in the case of these residential areas and
single family homes which are relatively low traffic
generators we feel that normal fear is offset by being able to
allow people to maneuver on and off the street in a normal
matter. I have a view graph of some possible situations that
could happen and how this would be resolved with the thirty
foot driveway. You have an instance here where you have two
cars in the driveway and if you have a third bay but you only
have a twenty foot opening and the garage face happens to be
only ten feet from the property line which would be possible.
So if you have two cars parked there in the driveway it is
virtually impossible to pull into the driveway and get a third
car into the garage. The green line shows where a drive
approach could be if this particular ordinance was amended.
You have a similar situation across the street where these
• people to center their driveway on the garage door. As you
can see you have a car parked in the driveway and it makes it
kind of difficult to get into either side bay. You can see
that with a twenty-five foot setback it isn't quite as severe
and this is probably a more typical situation that we see.
There is still some difficulty in getting cars in and out of
a three car garage with a only a twenty foot opening. We do
have some instances in town where people were denied variances • •
• and were required to have a twenty foot maximum drive approach
and what they simply did was they built their twenty Moot
drive approach however they poured concrete all the way out to
the back of the curb and they simply drive over the curb. I
think in these instances that staff is in agreement with the
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CITY of DEMTOM, TEXAS MUNICIPAL BUIL DING • 2 f5 E MCKINNEY s DENTON, TEXAS 76201
f817) 586.8200 # DFW METRO 431.2529
MEMORANDUM
DATE; January 18, 1995
TO: Planning & Zoning Commission
FROM: David Salmon, Senior Civil Engineer
SUBJECT: Ordinance Amending Section 34-115 of the Code of
Ordinances concerning driveway widths for single and
two family residential uses
At the October 3rd, 1994 meeting of the Traffic Safety Commission,
the commission voted unanimously to amend Section 34-115, paragraph
h, concerning maximum driveway widths for single and two family
dwellings. The current ordinance allows a maximum of 20 feet in
driveway width for such uses.
Due to 3 car garages becoming more common, the Traffic Safety
Commission has heard many variance cases concerning this 20 foot
maximum width. Most single family homes have building line set
backs of 15 to 35 feet. When a 3 car garage is involved, it is
difficult to maneuver a vehicle through a 20 foot opening into or
out of the outside bay of a 3 car garage within a distance of 15 to
35 feet, This often results in awkward backing and turning
movements which could adversely affect the public street. Also, in
some instances, people have constructed a 20 foot approach but have
run 30 feet of pavement out to the street. This results in people
driving over the curb.
Driveways are limited in width to prevent sloppy traffic movements
and to limit the amount of area along a street that ether drives
have to look for entering vehicles, in the case of a home with a
3 car garage, this concern is outweighed by the previously
mentioned factors,
Attached are a copy of the proposed ordinance, Traffic Safety
Commissio backup and Traffic Safety Commission minutes,
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October 3, 1994
page 19 ^ V
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STEM 99 CONSIDER MODIFICATION OF ORDINANCE 34-15H DRTaVEWAY WIDTHS AND GRADES
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TO ALLOW 30-FOOT REarnvarrM DRIVEWAYS:
Clark said as long as it's limited to 3 car garages, its not a
problem. What you want to avoid is creating places for people to
store things that create code enforcement problems.
Duncan asked if this was for residential streets only. Clark said
yes. Duncan asked if there had to be a aide street or could it be on
a straight street.
Luce said the examples he sees of 'his in town are exclusively on
corner lots where garages are located on side streets not the street
the house fronts on. Mr. Clark took a broader perspective which is
better. An long as a three car garagk exists, theoretically, even
if the garage opens to the street the house faces, you would be
entitled to a 30 foot curb out. Clark agreed.
Duncan said it only applies to residential streets. Clark said yes.
Where the garage opens would also be covered by the deed
restrictions of the subdivision. You are only shaping the width of
the driveway opening with this.
Duncan said there was a request that was denied last year for this.
Will this be retroactive. Clark said no but they can be contacted
if TSC directs staff to do that. This will have to go through
council first.
STAFF RECOMMENDED: Approval
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COMMISSIONERS: Jackson made a motion to approve the request. Devine
seconded the motion. Motion passed unanimously.
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September 27, 1994 U
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ITEM k9 CONSIDER MODIFICATION OF ORDINANCE 34-15H DRIVEWAY WIDTHS AND GRADES
IQ ALLOW 30-FOOT RESIDENTIAL DRIVEWAYSt
This ordinance wan created to help limit the widths of driveways so
that a motorist traveling down a residential, collector or arterial
would clearly be able to identify when a vehicle was coming from a
residential driveway.
We would recommend that only in the case of a three-car garage
fronting that street, a 30-foot drive will be allowed. This would
allow each car to have its own width to come in and out. Other
usage would simply be creating extra width to store additional care
out in the City right-of-way and property, which could encourage
things like storing junk vehicles. This would work against the
other portions of the ordinance that help motorist identify clearly
when a vehicle is coming out of a residential driveway by limiting
the width.
Staff sees no major problem, providing that 30-foot is only allowed
with a three-car garage. This is a minor change to the ordinance
providing that the City continue to maintain proper driveway spacing
and corner clearance standards. Staff feels this will cause no
major problems on residential streets for a specific 3 car garage
use. staff recommends approval.
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CITY of DENTON, TEXAS MUN0PAL 80RDING • 215 E. McKINNEY • DENTON, TEXAS 76201
(817) 5668200 • DFW METRO 434.2529
MEMORANDUM
DATE: January 10, 1995
TO: Rick Svehla, Deputy City Manager
FROM: Jerry Clark, Director of Engineering & Transportation
SUBJECT: Ordinance amending Chapter 34
This ordinance will allow 30, drives for homes where a 3 car or
more garage is desired. The drive will allow each car to safely
pull in and back out in their own lane. h
We don't feel this creates an additional spot to park spare care
since it is tied to the 3 car or more garage. This has created the
need for several variance requests in the past that have little
effect on traffic management, Processes that limit but don't add
real benefit in traffic management should be eliminated. f
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF D3NTON, TEXAS, AMENDING PORTIONS OF
CHAPTER 34, ARTICLE III., DIVISION 3 RELATING TO REQUIRED
IMPROVEMENTS AND GENERAL DESIGN STANDARDS FOR LAND DEVELOPMENT;
PROVIDING FOR THE ALLOWANCE OF A THIRTY (30) FOOT MAXIMUM DRIVE FOR
SINGLE OR TWO FAMILY USE FOR RESIDENCES WHICH HAVE A THREE CAR
GARAGE; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT
THEREWITH; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2D0.00 FOR VIOLATIONS OF THE
PROVISIONS HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Sec. 34-115(h)(1)a of Chapter 34 the Code of
Ordinances, Denton, Texas, is hereby amended to read as follows:
Width Curb Radius
(ft.) (ft.)
a. Single- or two-family use:
Maximum (3 car garage/carport
or more) 30 5
Maximum 20 5
Minimum 10 5
]SECTION II. That all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective which
are inconsistent or inconflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict.
SECTION 111. That the provisions of this ordinance are
separable, and the invlaidity of any phrase or part of this
ordinance shall not affect the validity or effectiveness of the
remainder of the ordinance.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be guilty of a misdemeanor, and
• upon first conviction shall be fined a sum of not less than twenty-
five dollars ($25.00) nor more than two hundred ($200.00), and on
a second or subsequent conviction a sum of not less than fifty
dollars ($50.00) nor more than two hundred ($200.00).
&=ION Y. That this ordinance shall become effective fourteen
(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
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
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PASSED AND APPROVED this the day of
279
BOB CASTLEBERRY, MAYOR -
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MICHAEL BUCEK, ACTING CITY ATTORNEY
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CITY COUNCIL REPORT RORMAT "BfIdaNAm"'~-#l~
DATE: February 0, 1995 vCJ 7
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: No parking on the south side of Shady Oaks Road from its
intersection with the west curb line of Woodrow Lane west for two
hundred (200) feet
RECQNMKNDATION:.
Approval
SUMMARY/BACAC+ROVP
This request is a result of several investigations of citizen complaints. The
existing no parking is 90' back from the intersection. This 200' request would
allow more than adequate stacking and eliminate some 4-5 cars that interfere with
safe movements at the intersection including exits and entrances from Turbo
Refrigeration's main parking lot.
PR_~AMS DEPAR:'TtENTS. OR OROUPS AYFEUV
Police Department, Fire and Emergency Services, and traveling public
SC ACT•
Approximately $100 to paint and sign
R gEc LY SUB 'I ED:
LHarrell
City Manager
b°epared by:
Je y Clar --f`
Di.-e ,tor nyineerirg & Transportation
Approved:
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Jerry C ark
Direct r of sneering & Transportation
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CITY Of DENTON, TEXAS MUNICIPAL BUILDING 215 E MCKINNEY DENTON, TEXAS 76201
(817) 566.8200 DFW METRO 434.2523
MEMORANDUM
DATE; February 8, 1995
TO: Rick Svehla, Deputy City Manager
FROM: Jerry Clark, Director of Engineering & Transportation
SUDJECT: No parking on the south side of shady Oaks from the
intersection with Woodrow a distance of 200' to the west
Staff has received several complaints about adequate stacking at
this intersection. Investigation shows that parking of 4-5 cars
interfere with safe movements even though the intersection is
signed no parking 90' back from the intersection. Turbo
Refrigeration's main parking lot is also in this vicinity which
causes added congestion.
There is no opposing movements since no road or driveway existfi for
westbound traffic.
Staff recommends approval,
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ORDINANCE NO.
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON PORTIONS OF
SHADY OAK ROAD; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
HUNDRED DOLLARS ($200.00); PROVIDING A SEVERA31LITY CLAUSE;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
PUBLICATION; AND DECLARING AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. When signs are erected giving notice thereof, no
person shall park a vehicle at any time upon the following portions
of the following streets in the City of Denton to-wit:
The south side of Shady Oaks Road from its intersection with
the west curbline of Woodrow Lane west for two hundred (200) feet.
SECTION II. An individual adjudged guilty of any of the pro-
visions of this ordinance shall be guilty of a misdemeanor, and
punished by a fine not to exceed Two Hundred Dollars (200,00).
SECTION I'J. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity,
SECTION IV. That all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective which
arp. inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict.
SECTION V. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
• of the City of Denton, Texas, within ten (10) days of the date of
its passage, j
PASSED AND APPROVED this the _ day of 1995.
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BOB CASTLEBERRY, MAYOR
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PROPOSED NO PARKING EXISTING NO PARKING PAINT
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January 9, 1995 [ ,i4~7
page 14 D
ITEM AS
,Qi/Fy6T FOR NQ PARKING ON THE BOSSTEI BIDE OF St{ADY OAK9 FAOM THE
INTERSECTION WITH WOODROW A DISTANCE OF 200 FEET TO THE WESTi
Clark said he previously diecusned this with the commission when
lie talked bout the signal to be installed here. The signal
will be installed sometime in late Spring or early Summer.
Basically, there is a large business on the opposite aide -
Turbo, It has a lot of people beyond and not enough parking
spaces, They like the convenience of parking on the street
close to the business.
Staff contacted the two owners on this side and both are in
favor of no parking. Ban Ivy owns the first 150 feet and Alex
Gibbs owns the second 50 feet and feels it is positive, Mr.
Gibbs was wanting a signal to gat there faster but both feel
traffic movement is very important and would like to see it
happen. This would provide stacking for the right turn lane.
It is staff's jud4ement that the movements are split evenly -
the right turn and left turn. There are no opposing movement at
this time, Staff recommonde approval.
Gore said she travels this area daily. It would really expedite
traffic matters if there was no parking oi, the south side.
There could be two lanes of traffic. There are many days that
traffic is backed, It's a very tight movement.
STAFF RECOMMENDAD: Approval
COMMISSIONERS: Luce made a motion to accept the proposal. Jackson seconded
the motion. Motion passed unanimously.
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Traffic Safety Memo
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December 13, 1994 7~
page 5
ITEM #5 REQUEST FOR NO PARKING gN THE -SO= DE OF SHADY OAKS
FROM THE INTERSECTION WITH WOODROW A DISTANCE OF 200' TO
THE WEST:
Thin no parking request is from staff after several
investigations of citizen complaints. The existing no
parking Is 90' back from the intersection. This 200,
request would allow more than adequate stacking and
eliminate some 4-5 cars that interfere with safe
movements at the intersection including exits and
entrances from Turbo Refrigeration's main parking lot.
This intersection will be signalized during the middle e)f
1995. There are no opposing movements since no roan or
driveway exists for westbound traffic. The percentages
are divided fairly equally for eastbound Shady oaks (504
left turn north and 50t right turn south). The normal
requirements for a turn lane are 120' to 1501. So, this
request should be more than adequate for that. Staff
recommends approval.
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CITY COUNCIL REPORT FORMA Dote
T I ce
DATE; February 13, 1995
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager j
SUBJECT: Two (2) Handicapped parking spaces on the south side of Mulberry f
Street - 39 feet east of Locust Street
RECOMMENDATION;
Approval
tWY BACKGROUND:
This request is by the First United Methodist Church on Mulberry. This large
church hag need of these spaces to allow proper ADA access to their
elevator/handicapped access inside the church.
PR(~JRAM$, DEPARTMENTS. OR GROUPS AFFECTED
Physically impaired citizens, traveling public, and Police Department
FISCAL IMPACT
Approximately $200 for aignage and painting
RESPEC LY SUB D:
loy , Harre 1
City Manager
Prepared by.
Jer yC'a
Direetor ngineering & Transportation
. Approved;
Dire a1~eering & Transportation
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MEMORANDUM
DATE: February 13, 7.995
TO: Rick svehla, Deputy City Manager
FROM: Jerry Clark, Director of Engineering & Transportation
SUBJECT: Two (2) handicapped parking spaces on the south side of
Mulberry - 39 feet east of Locust street
The First United Methodist Church has requested these two spaces to
facilitate those who are physically impaired that attend their
church. The spaces would be on the south side of Mulberry and
allows proper AI`A access to their elevator.
I visit--d with the administrator on site and believe this is
justified.
Staff recommends approval.
Jerky) C1 rk
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Traffic Safety Memo Agooda. I Ion
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December 13, 1994
page 4 3
ITEM REQUEST FOR AranrCnbPED EARKI ,*0 SPACES ON THE GOUT1{
SIDE OF MUL.gERRV _ 39 cT a1 $T OF OCUST TR .FT
This request is by the First United Methodist Church for
2 handicapped spaces on Mulberry near Locust. This large
church has need of these spaces to allow proper ADA
access to their elevator/handicapped access inside the
church. Staff has visited the site and discusse6 the
need with Jim Terry, Administrator. Staff recommends
approval,
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January 9, 1995
page 13
IJEM 94 REQUEST FQR 2 H.ANDICAPPFD PAOervn SPACES ON THE SOUTH SIDS OF
MSILBERRY - 39 FEET EAST OF LOCUST STREETi
Clark presented the request. He said if the commission looks at
the last sheet of backup on this item, it shows that the
handicapped spaces are 39 feet back, a 22 foot space with a 9'x
6' ramp. The ramp wan built and then a 22 foot space. It is
staff's judgement that this is positive. This is a large church
that has handicapped needs and staff recommends approval. Staff
met with the administrator on site and believes it is justified.
STAPF RECOMMENDEbi Approval
CCMMISSIONERSi Devine made a motion to approve the motion. Jackson
seconded the motion. Motion passed unanimously.
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ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 18-109
OF C14APTER 18 OF THE CODE OF ORDINANCES BY ADDING SUBSECTION 22 TO
SECTION 18-109(a) WHICH WILL PROVIDE TWO HANDICAPPED PARKING SPACES
ON MULBERRY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
HUNDRED DOLLARS ($200.00)1 PROVIDING A SEVERA13ILITY CLAUSE;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
THE COUNCII, OF' THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section ].8-109(a) is hereby amended to include
sub-subsection (21) and will read as follows:
(21) Two (2) parking spaces on the south side of Mulberry
Street thirty-nine (39) feet east of its intersection with the east
curbline of Locust Street.
SECT QN__,U. An individual adjudged guilty of any of the
provisions of this ordinance shall be. guilty of a misdemeanor, and
punished by a fine not to exceed Two Hundred Dollars (200.00).
SECTION 111. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the:
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION may. That all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective which
are inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict.
SECTIQL4~. That this ordinance shall become effective fourteen
• (19) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this the day of 1995.
BOB CASTLEBERRY, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL, FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
BY:
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CITY COUNCIL REPORT FORMAT t 02 Z..
DATE; February 13, 1995
T0; Mayor and Members of the City Council
FROM; Lloyd V, Harrell, City Manager
SUBJECT: Two (2) 15 Minute Parallel Parking Spaces for 222 W. Hickory
RECOMMENDATION;
Approval
SUMMARYIBACKOROUNDf '
This request came from the Denton Main Street Program. Roma's Court Yard,
previously Salads and Such, relocated to 222 W. Hickory. They cater mainly to
lunch hour customers. -'everal are call-in pickup orders. The fifteen minute
spaces would exactly meet the needs of the tenant and would be available to other
businesses in the area, Suggested time zone is Monday through Friday from 8;00
a.m. to 5000 p.m.
_PROORAMS, DEPARTMENTS. OR 0ROUPS AFFECTED-
Rama's Court Yard customers, surrounding businesses, Police Department and
traveling public
FlUCAL IMPACT:
Approximately $200 for eignage
4PE LY SUBM D0
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Ci ty Manager
Prepared by;
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bird Ctor de F ngineering & Transportation
Approvedr
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gineering & Transportation
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MEMORANDUM
DATE: February 13, 1995
T0; Rick Svehla, Deputy City Manager
FROM: Jerry Clark, Director of Engineering & Transportation.
SUBJECT: Two (2) 15 Minute Parallel Parking Spaces for 222 W.
Hickory
Jane Jenkins, Main Street Coordinator, submitted this request for
Rama's Court Yard (previously Salads and Such), They relocated to
this location from Teasley bane.
The restaurant caters mainly to lunch hour customers. Lt's located
in the Samar building and is an anchor tenant, Other tenants in
the building as well as on Hickory Street will be able to utilize
the spaces.
The is an experiment in Denton but is used in other cities too. it
will take some significant enforcement but the increase in parking
fines due to the Court of P..ecord may assist som9what,
Staff recommends approval of the two 15 minute parallel parking
spaces zoned 5:00 a.m. to 5:00 p.m., Monday through Friday,
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February 2, 1995
page 2
ITEM M2 CONSIDER fTWO) 15 MINU'T'E PAp~trcr pAeKIh6 SPACEQ FOR 222 W~ hIChORY,
This request for short term parking at 222 Went Hickory is from the
Denton Main Street Program. The attached letter from Jane Jenkins,
Main Street Coordinator, describes the new business involved and the
need for the request.
Rams's court Yard is currently known as "Salads and Such" previously
located on Teasley Lane between Dallas Drive and 1358. Based on
observations of that business, these two spaces would easily be
justified.
The other possible alternatives considered include a double standard
loading zone which would not allow short time / high turnover
customer traffic. The generic zone was considered, butt this would
did not axactly meet the needs of enant.a The fifteen minute spaces
would exactly meet the needs of the tenant and would be available to
other businesses in the area.
Fifteen minute zones are a new concept for Denton but seem to be the
beat common sense approach for this narrow frontage, multi-busineam,
high turn over parking-combined with loading zone needs environment.
Staff recommends approval.
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ITEM N2 CONSIDER (TWO) 15 MINUTE PAR_nt GEL pA_rrKIO PACES FOR 22 N HICKORY,
t
Clark presented the request. He said this is a new bueihave
nes
formerly called Salads and Such off Teasley Lane. They have
relocated to Hickory street and are now called "llama's court Yard".
They are asking for two 15 minutes parallel parking spaces.
There were two other alternatives considered, one was a standard
loading zone, A standard loading zone didn't really meet the needs
in that it specifically states a standard loading zone was limited
to business vehicles, Those vehicles had to have a business signs
on them to park in the zone. That didn't meet the complete need
here, although they woult have a catering truck. The highest use
they see is for people pit4c:ng up meals quickly and leaving.
The other alternative considered was a generic loading zone. City
Council ended up not recommending that. That was a zone no one paid
for located at the middle of the block adjacent to the businesses.
That would allow anyone to ties it for a short time period. Council
recommended that not be included in the loading zone ordinance.
This was approximately 1 1/2 years ago. In order to make this fit
thin case, it would require a complete rewrite of the ordinance.
Fifteen minute time zones will take some significant enforcement,
Aiscunsions with staff, Main Street, and the petitioner conclude
that this proposal to he the beet solution that met the petitioner's
needs. Since it's not limited to this bueinesa, that means other
businesses could utilize it at different times. The zone will be
designated for specific time use probably 8 a.m.- 5 p.m. GTE or
other businesses close to it could use it too.
Jane Jenkins, Main Strsnt Coordinator, came forward representing
Clint Ballard an owner of the Balmer building, and the tenant. They
inially requested loading zones. Then she and Jerry discussed it.
Thia was the alternative arrived at and the tenant accepts it, it
would be an experiment. Currently, there are no 15 minute parking
limits downtown. She doesn't anticipate that someone is going to
stand out there and mark cars every 15 minutes. But, there will be
signage by the spaces. They will be well marked as 15 minutes
spaces. The business does a tremendous amount of take out business.
The spaces will really get used in that capacity.
Rama's Court Yard cafe Is only open for lunch. The 15 minute spaces
will be beneficial particularly to Logan Shoo Repair, Bank I, and
some of the other businesses on the south Bide of Hickory street,
The space that the restaurant is in in an anchor tenant. It'a in a
building that also has four spaces for rent. Depending on the
nature of the businesses that go in, they would also be able to
access the 15 minute parking,
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has opened arking fines have gone up considerably in the downtown area. This
immadiate vicinity. great etry~ g to acc se an trestaurs t have had
some trouble finding parking spaces.
This will help the take out people as well as the restaurant's
catering business.
6 Bacon asked, rather than having the police enforce this, can they * e
give the commission feedback on how it's working. Jenkins said she
was sure if it didn't work, Rama's will let her know. Bacon said
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TSC Minutes
February fi, 1995 5
page l co"b F-z:,
the police are not going to sit there. Jenkins said no. It wili
depend on citizens abiding by the 15 minute time frame, She is sure
if there in an abuse of the system, the business owner will let her
know. This is really vital to her business, she opened last:
Wednesday. Cn Wednesday, Thursday, and Friday, there was some real
parking problems. There was several people complaining about
parking. The owners are looking at some alternatives for parking
too.
Jenkins said since the parking fineu were raised from $3.00 to
$15.00 to generate some more revenue, the Police Department has been
real good about writing tickets in the last month. That went into
effect on January 10th. You will see more officers out there too.
Most people using the business will adhere to it.
Singleton said she mainly has a lunch business. Wi:l the sign say
8-5p,m, or will it be 24 hours? Clark said, parking zones are not
usually 24 hours. It would he 0 a.m.-5 p.m, and will be included in
the ordinance request.
Jenkins said if the 15 minute parking isn't necessary and is taking
away from other needed long term parking, it could be 15 minute
parking between 10 a,m.-2 p.m. The reason some of the other
businessea may need this parking is that Mr. Schrader has at times
asked for 15 minute parking, Joe Dodd when he was down town also
wanted some 15 minute parking. Some of the businesses lend
themselves to people just running in or out getting a prescription
or leaving a video. This is an experiment and the Main Street
Parking Committee will be monitoring it. staff really feels it's
necessary and needed for the tyr, business in this location,
Singleton said she wasn't trying to imply that it should be 24
hours. Jenkins said she didn't realize that the restaurant would
only be open for lunch. Menu's have been printed that say, "the
place open for lunch The restaurant is still doing lunches and
will close at 3:00 P.M.
Clark said to make it clear, during business hours when people need
to ecay out of there, 8 a.m.-5 p.m. should be designated. Jenkins
agreed. Modifications can be made in the future if necessary.
Luce anked Dotson as a officer on who is going to make this happen,
how does he feel about its Dotson said he was for 15 minute loading
• zones when the loading zone ordinance was discussed. That's not a
problem if people will respect it, and stay out of it. As far as
being able to be there to enforce every 15-30 minutes, it isn't a
possibility, If someone is staying in there more than the allotted
time, tie business will probably call,
Dotson said regarding the increase in ticket fees, the Police
Department didn't have anything to do with that. In August, the
® Municipal Court became a Court of Record. In order to cover cost of •
the Court of Record, the parking people are actually having to sign
affidavits on parking tickets and they are issuing warrants on
parking tickets. To cover the cost of additional paper work, the
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TSC Minutes V ~r
February 6, 1995
page 4
judge increased the fees. The Police Department stayed away from
the Square after the fire for obvious reasons, People had limited
amount of space to park in. They are trying to get rearranged and
then letters began appearing in the Dentor. Record Chronicle that
there was no enforcement. The department was out of parking tickets
too for a long time. When the courts changed from a regular
Municipal Court to a Court of Record, the tickets had to be
redesigned, That's the reason the fees were raised.
Clark asked if somebody could occasionally check the area when
making rounds. nocson said the parking enforcement people also are
funeral escort people. Sometimes they get tied up and can't get
back around. But, the merchants who use it will need to call if
someone stays too long. Clark said if they ticket the people for a
while to get them used to it, it won't be a problem, The other
$5/day parking lots are beginning to be used freeing up more spaces
too.
Jenkins said she knew that the judge had set these parking rates.
The comment on parking fees was more of an ',off the cuff" statement,
ehe rain Street Parking committee had recommended a long time ago
that the parking fees be raised. They felt like $3 parking tickets
wasn't doing much to detour tenants from parking on the square. So,
i# came as a surprise when the fees ware raised, the businesses
uan't argue with the results. The Parking Committee supports the
raising of the fines. There isn't a problem now with finding a
parking apace even at noon.
STAFF RECOMMENDED" Approval
COMMTSSloNERS: Luce made a motion that 2 paral',el parking places be
created for 15 minute durations at 222 West Hickory with
signags to indicate enforcement to be between the hours
of 8 a.m.- 5 p.m. business days (Monday through Friday).
Martin seconded the motion. Motion passed unanimously.
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WEST OAK
222 W. MOM _ I
15 MIN. PARX*G 1
NORTH SIDE 14NLY, ! w _j
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ORDINANCE NO. r
AN ORDINANCE CREATING TWO FIFTEEN MINUTE PARKING SPACES IN THE 200
BLOCK OF WEST HICKORY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED
TWO HUNDRED DOLLARS ($200.00); PROVIDING A SF.VERABILITY CLAUSE;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
,SECTION I. When signs are erected giving notice thereof, no
person shall park a vehicle between the hours of 8:00 a.m. and 5;00
p.m. Mondays through Fridays for more that fifteen minutes upon the
following portions of the following streets in the City of Denton
to-wit:
The north siae of West Hickory adjacent to 222 W. Hickory.
SECTION U. An individual adjudged guilty of any of the
provisions of this ordinance shall be guilty of a misdemeanor, anct
punished by a fine not to exceed Two Hundred Dollars ($200.00).
SECT D Ln. That if any section, subsection
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the city
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION Iv, That all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective which
are inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict.
SECTION V• That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
• i
published s hereby directed to cause the caption of this ordinance to be
newspaper of the City ofeDentonnT xas, within e(1) h days official
of the
date of its passage,
PASSED AND APPROVED this the day of
• , 1995.
BOB CASTLEBERRY, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
BY: --1L111C~
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AGREEMENT BETWEEN THE CITY OF DEMON
AND FRED MOORE CHILD CARE CENTER
This Agreement is made and entered into by and between the
city of Denton, Texas, a municipal corporation, acting by and
through its City Manager, pursuant to ordinance, hereinafter
referred to as CITY, and Fred Moore Child Care Center, 821
Crosstimber, Denton, Texas 76205, a not-for-profit corporation,
hereinafter referred to as CONTRACTOR.
WHEREAS, CITY has received certain funds from the U. S.
Department of. Housing and Urban Development under Title I of the
Housing and Community Development Act of 1979, as amended; and
WHEREAS, CITY has adopted a budget for ouch funds and included
therein an authorized budget for expenditure of funds for a
complete rehabilitation of the Fred Moore Child Care Center
facility.
WHEREAS, CITY has designated the Community Development Office
as the division responsible for the administration of this Agree-
ment and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR `,o carry out such
project;
NOW, 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.
1.
TERM
This Agreement shall commence on or as of January 1, 1995, and
shall terminate on December 31, 2005, unless adjusted by CITY.
Request for such an adjustment must be in writing and is to be sub-
mitted to CITY's Community Development Office.
a II.
RESPONSIBILITIES
CONTRACTOR hereby accepts responsibility for the performance
of all services and activities, described in the Description of
Improvements attached hereto as Attachment "A", in a satisfactory
and efficient manner as determined by CITY, in accordance with the
terms herein. CITY will consider CONTRACTOR's executive director , • •
I:o be CONTRACTOR's representative responsible for the management of
all contractual matters pertaining hereto, unless written notifica-
tion to the contrary is received from CONTRACTOR, and approved by
CITY.
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Fred Moore ConettUCtlOn improvements punding PAGE 1
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CITY's Community Development Administrator will be CITY's
representative responsible for the administration of this Agree-
ment.
III.
CITY'S OBLIGATION
A. CITY shall provide funds in an amount not to exceed
$200,000 to assist CONTRACTOR in the improvements to the facility
located at 821 Crosstimber, Denton, 'T'exas.
B. CONTRACTOR agrees to hold and save harmless CITY from any
and all loss, cost, or damage of every kind, nature or description
arising under this Agreement or from any source whatsoever.
C. The projects will be bid out through CITY's Purchasing
Department. CITY shall prepare agreements with the prime building
contractor and issue checks to the prime building contractor in
accordance with the contracted schedule for performance payments.
D. CITY shall comply with HUD Office of Management and
budget Circular A-87. CITY shall be responsible for performing
environmental review to insure necessary compliances are met.
E, This Agreement and the payments made hereunder are con-
tingent upon receipt of U.S. Department of Housing and Urban De-
velopment Community Development Block Grant Funds, and shall ter-
minate immediately, not withstanding the provisions of Article XV
hereof, should such funds be discontinued for any reason.
IV.
COMPLIANCE WITH STATE AND LOCAL LAWS
CITY and CONTRACTOR agree to perform their duties in the
Programs in compliance with the U.S. Department of Housing and
Urban Development Community Development Block Grant regulations,
V.
• REPRESENTATIONS
i
A. CONTRACTOR warrants that it is the legal owner of the
property described in Article III, Section A and CONTRACTOR agrees
to allow CITY access to this site for inspection purposes, CON-
'TRACTOR further agrees to allow CITY to bid and execute agreements
with the Prime Building Contractor for the rehabilitation of the
Fred Moore Child Care Center. ,
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B. CONTRACTOR shall continue to utilize the facility at 812
Crosstimber, Denton, 'texas for a minimum of 10 years after improve-
ments are completed to provide low cost day care for low and moder-
ate income families in the community,
Pred Moore OnSLruction Improvements Funding PAGH 2
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C. CITY is the only agent authorized to designate changes or
additions to the work to be performed. Any additions or changes to
the work authorized by CITY can only be done in writing with the
signatures of. CITY's City Manager, Mayor, or Community Development
Administrator plus representatives of CONTRACTOR, and the CONTRAC-
TOR.
VI,
COVENANTS
A. During the term of this Agreement, CONTRACTOR shall not,
without the prior written consent of CITY's Executive Director of
Planning and Development or his authorized representative, change
the use, or function of the property,
(1) The proposed change must meet one of the national objec-
tives and the Center must not be used for the general
conduct of government.
(2) If it is determined that the changes do not meet the
national goals for use, CONTRACTOR must dispose of the
property or reimburse this program in the fair market
amount of the property less the amount of private funds
put into the property,
B. CONTRACTOR shall comply with the uniform administrative
requirements, as described in Section 570.502 CDBG Handbook, a copy
of which is attached hereto,
VII.
PROGRAM INCOME
All fees collected for services are considered program income,
as described in Section 570,509 CDBO Handbook (see Attachment "D"),
and shall be retained by CONTRACTOR to be used for Program
activities as previously described. Fiscal records are to be kopt
and are to reflect the use of these funds.
VIII.
• MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain records that will provide
accurate, current, sedarate, and complete disclosure of the status
of the funds received under this Agreement and with any other ap-
plicable Federal and State regulations establishing standards for
financial management, CONTRACTOR's record system shall contain
® sufficient documentation to provide in detail full support and •
justification for each expenditure. Nothing in this Section .,tall
be construed to relieve CONTRACTOR of fiscal accountabilit, and
liability under any other provision of this Agreement or any ap-
plicable law. CONTRACTOR shall include the substance of this
provision in all subcontracts.
Fred Moore construction improvements Funding - Pros J
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B. CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation of programs and expenditures of funds
under this Agreement for the period of time and under the condi-
tions specified by CITY.
C. Nothing in the above subsections shall be construed to
relieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Agreement.
D. At any reasonable time and as often as CITY may deem
necessary, CONTRACTOR shall make available to CITY, or any of its
authorized representatives, all of its records and shall permit
CITY, or any of its authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of
all contracts, invoices, materials, payrolls, records of personnel,
conditions or employment and all other data relating to the program
requested by said representatives.
E. CONTRACTOR shall give CITY, the U.S. Department of
Housing and Urban Development, or any of their duly authorized
representatives, access to and the right to examine all books,
accounts, records, reports, files and other papers belonging to or
in use by CONTRACTOR pertaining to this Agreement. Such rights to
access shall continue as long as the records are retained by
CONTRACTOR.
IX.
REPORTS AND INFORMATION
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
Agreement.
If CONTRACTOR receives federal funds in excess of $25,000,
from any source, or if for any reason an independent audit in
conducted, CONTRACTOR agrees to submit an audit conducted by
independent examiners within 10 days after receipt of such.
X.
MONITORING AND EVALUATION
CITY shall conduct a performance review of CONTRACTOR on an
® annual basis or as otherwise aeemed necessary by CITY to evaluate •
compliance with the provisions of this Agreement as necessary in
the performance of its duties of program accountability,
Fled Moore ¢one..rootien Improvements funding PA66 4
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XI.
JNSURANCE
An insurance policy shall be secured by CONTRACTOR to cover
liability for a minimum of ten years as stipulated by CITY. A copy
of this policy shall be submitted to CITY's Community Development
Office within 30 days of contract execution.
XII.
EQUAL OPPORTUNITY
During the performance of this Agreement, CONTRACTOR is
subject to Executive order 11246, as amended, and, therefore,
agrees to the following;
(1) CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, color, reli-
gion, sex, national origin, or familial status.
CONTRACTOR will take affirmative action to ensure that
applicants who are employed are treated during employment
without regard to their race, color, religion, sex,
national origin, or familial status, concerning such
employment, upgrading, demotion, or transfer; recruitment
or recruitment advertisingi layoff or terminationj rates
of pay or their apprenticeship. CONTRACTOR agrees to
post in conspicuous places, available to both employees
and applicants for employment, notices to be provided by
CITY setting forth provisions of this nondiscrimination
clause.
(2) CONTRACTOR, in all solicitations or advertisements for
employees placed by or on behalf of CONTRACTOR, shall
state that all qualified applicants will receive con-
sideration for employment without regard to race, color,
religion, sex, national origin, or familial status.
XIII.
CONFLICT OF INTEREST
• CITY and CONTRACTOR state that to the best of their knowledge
no member of the City of Denton, Texas, and no officer, employee,
or agent of said authority (CITY) who exercises any function or
responsibilities in connection with the carrying out of the Program
to which this Agreement, pertains has a personal financial interest,
direct or indirect, in this Agreement.
• XIV. • •
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve
any political activity (including, but, not limited to, and activity
to further the election or defeat of any candidate for public
Fred Moore Construction improvaeents Nnding PAN 5
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office) or any activity undertaken to influence the passage, defeat
or final content of legislation.
B. None of the performance rendered hereunder shall involve
or benefit in any manner any sectarian or religious activity.
XV.
TERMINATION
A. CITY shall have the right to terminate this Agreement, in
whole or in part, at any time whenever CITY determines that CON-
TRACTOR has failed to comply with any term of this Agreement. CITY
shall notify CONTRACTOR in writing at least thirty (30) days prior
to the date of termination, of the effective date of such termina-
tion, and in the case of partial termination, the portion of the
Agreement to be terminated. Property shall be subject to disposi-
tion under Sections 570.503(b) (8) & 570.504(b) (4&5) CDBG Handbook.
(See Attachment "B" and "C".)
B. CITY shall have the right to terminate this Agreement for
convenience, in whole or in part, with the consent of CONTRACTOR
and when both parties agree upon the termination conditions, inclu-
ding the effective date and the portion to be terminated.
C. CONTRACTOR shall have the right t,) terminate this Agree-
ment for convenience, in whole or in part, by written notification
to CITY, which shall include the reason for such termination, the
effective date and the portion to be terminated. If, in the case
of a partial termination, it is the determination of CITY that the
remaining portion of the award is not sufficient to accomplish the
project as described in the Description of Improvements, CITY may
require that the entire grant be terminated.
XVI.
INDEMNIFICATION
A. It is agreed and understood by the parties that all
employees and personnel furnished by the Fred Moore Child Care
Center and engaged in the work of the Fred Moore Child Care Center
O shall not be deemed employees of CITY and shall be responsible to
and under the direction of CONTRACTOR,
B, For purposes of this Agreement, all official communica-
tions and notices among the parties shall be deemed made as of the
Fred Moora Construction 1Wrovements Funding PAaS 6 {
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date mailed if sent postage paid to the parties and address set for
below:
TO CITY; TO CONTRACTOR:
City Manager Director
City of Denton Fred Moore Child Care Center
215 E. McKinney St. 821 Crosetimber
Denton, Texas 76201 Denton, Texas '16205
IN WITNESS OF WHICH this Agreement has been executed on this
the day of 1994. ,
CITY OF DENTON
BY:
LLOYD V. HARRELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYr
APPROVED AS TO LEGAL FORM:
MIKE BUCEK, ACTING CITY._ATTORNEY
BY: c-
FRED MOORE CHILD CARE CENTER
BY:
CATHY KIRCHER,
DIRECTOR
ATTEST:
SECRETARY
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ATTACHMdNT "A"
Fred Moore Child Care Center
DESCRIPTION OF IMPROVEMENTS
Construction improvements will consist of improvements as stated in
work specifications prepared by Architect Alan Nelson, including,
but not limited to, the following: installation of a new roof,
electrical, plumbing and mechanical systems, installation of new
doors and windows, installation c` ceramic tile, installation of
new flooring where needed, and installation of new cabinetry.
WORK STATEMENT
Fred Moore Child Care Center is a non-profit child care facility
for low income families. Parents must be working, going to school,
or looking for employment to be eligible, Fred Moore Child Care
Center is open Monday through Friday from 6130 a.m. to 5130 p.m.
The staff consists of eight teachers, one director, one assistant
director, one aide, and a cook, The children are served breakfast,
lunch and two snacks. Tuition is based on size of the family and
annual income.
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Fred Moore Construction Improvements Funding PA63 0
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ATTACHMENT "B"
24 CFR 5 570.505
The standards described in this section apply to real property
within the recipient's control which was acquired or improved in
whole or in part using CDBG funds in excess of $25,000. These
standards shall apply from the date CDBG funds are first spent for
the property until five years aftc-s closeout of an entitlement
recipient's participation in the entitlement CDBG program or, with
respect to other recipients, until five years after the closeout of
the grant from which the ass.i.stance to the property was provided.
(a) A recipient may not change the use or planned use of any such
property (including the beneficiaries of such use) from that
for which the acquisition or improvement was made unless the
r.ecipieat provides affected citizens with reasonable notice
of, and opportunity to comment on, any proposed change, and
either;
(1) The new use of such property qualifies as meeting
one of the national objectives in Section 570.208
and is not a building for the general conduct of
government; or
(2) The requirements in paragraph (b) of this section
are met.
(b) if the recipient determines, after consultation with affected
citizens, that it is appropriate to change the use of the
property to a use which does not qualify under paragraph
(a) (1) of this sec-ion, it may retain or dispose of the
property for the changed use if the recipients CDBG program
is reimbursed in the amount of the current fair market value
of the property, less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, and
improvements to, the property.
(c) if the change of use occurs after closeout, the provisions
• governing income from the disposition of the real property in
Section 570.504(b) (4) or (5), au applicable, shall apply to
the use of funds reimbursed.
(d) Following the reimbursement of the CDBG program in accordance
with paragraph (b) of this section, the property no longer
will be subject to any CDBG requirements. •
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ATTACHMENT "C"
24 CPR § 570.503
(a) Before disbursing any CDBG funds to a subrecipient, the
recipient shall sign a written agreement with the subrecipi-
ent. The agreement shall remain in effect during any period
that the subrecipient has control over CDBG funds, including
program income.
(b) At a minimum, the written agreement with the subrecipient
shall include provisions concerning the following items:
(1) Statement of Work. The agreement shall include a
description of the work to be performed, a schedule for
completing the work, and a budget. These items shall be
in sufficient detail to provide a sound basis for the
recipient effectively to monitor performance under the
agreement.
(2) Records and Reports The recipient shall specify in the
agreement the particular records the subrecipient must
maintain and the particular reports the subrecipient must
submit in order to assist the recipient in meeting its
recordkeeping and reporting requirements.
(3) Program income, The agreement shall include the program
income requirements set forth in Section 570.504(c).
(4) Uniform A iginistrative Reaulrpments The agreement shall
require the subrecipient to comply with applicable
uniform administrative requirements, as described in
Section 570.502.
(5) 9L21p.r Program Reau rements. The agreement shall require
the subrecipient to carry out each activity in compliance
with all Federal laws and regulations described in sub-
part K of these regulations, except that:
(i) The subrecipient does not assume rue recipient's
environmental responsibilities described at Section
570. 604; and
(ii) The subrecipient does not assume the recipient's
responsibility for initiating the review process
under the provisions of 24 CFR Part 52.
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(6) o dl lance fxg Rel+_aiQU Oraani.7
,ations, Wheys applica-
ble, the conditions prescribed 1 HUB for the use of CDBG
Fred Mt re Construction Imyrovet,ienta Funding ME 10
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funds by religious organizationo shall be included in the
agreement,
(7) Suspension and Termination. The agreement shall specify
that, in accordance with 24 CPR 85,43, suspension or
termination may occur if the subrecipient materially
fails to comply with any term of the award, and that the
award may be terminated for convenience in accordance
with 24 CPR 85.44,
(8) Reversion of Asger_s The agreement shall specify that
upon its expiration the subrecipient shall transfer to
the recipient any CDBG funds on hand at the time of
expiration and any accounts receivable attributable to
the use of CDBG funds. It shall also include provisions
to the use of CDBG funds, it shall also include provi-
sions designed to ensure that any real property under the
subrecipient's control that was acquired or improved in
whole or in part with CDBG funds in excess of $25,000 is
either:
(i) used to meet one of the national objectives in
Section 570.208 until five years after expiration
of the agreement, or for such longer period of time
as determined to be appropriate by the recipient;
or
(ii) Disposed of in a manner that results in the recipi-
ent's being reimbursed in the amount of the current
fair market value of the property less any portion
of the value attributable to expenditures of non-
CDBG funds for acquisition of, or improvement to,
the property. (Reimbursement is not required after
the period of time specified in paragraph (b) (8)
(1) of this section.)
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Fred Moore construction improvements Funding PAGE 11
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ATTACHMENT "D"
24 CFR 5 570.504
(a) cording Program Income, The receipt and expe-iditure of
program income as defined in Section 570,500(ai shall. be
recorded as part of the financial transactions of the grant
program.
(b) Diepoeition of Program Income Received by Recipients.
(1) Program income received before grant closeout may be
retained by the recipient if the income is treated as
additional CDBG funds subject to all applicable require-
ments governing the use of CDBG funds.
(2) if the recipient chooses to retain program income, that
income shall. affect withdrawals of grant funds from the
U.S. Treasury as follows:
(i) Program income in the form of repayments to, or
intercet earned on, a revolving fund as defined in
Section 570.500(b) shall be substantially disbursed
from the fund before additic,fal cash withdrawals
are made from the U.S. Treasury for the same activ-
ity. (This rule does not prevent a lump sum dis-
bursement to finance the rehabilitation of private-
ly owned properties as provided for in Section
570.513.)
(ii) Substantially all other program income shall be
disbursed for eligible activities before additional
cash withdrawals are made from the U.S. Treasury.
(3) Program income on hand at the time of closeout shall
continue to be subject to the eligibility requirements in
Subpart C and all other applicable provisions of this
part until it is expended.
• (4) Unless otherwise provided in any grant closeout agree-
ment, and subject to the requirements of paragraph (b)
(5) of this section, income received after closeout shall
not be governed by the provisions of this part, except
that, if at the time of closeout the recipient has
another ongoing CDBG grant received directly from HUD,
• funds received after closeout shall be treated as program . •
income of the ongoing grant program,
(5) If the recipient does not have another ongoing grant
received directly from HUD at the time of closeout,
Fred Noote construction Improvementx Funding - PAGE 12
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income received after closeout from the disposition of
real proj.,:~rty or from loans outstanding at the time of
closeout shall not be governed by the provisions of this
part, except that such income shall be used for activi-
ties that meet one of the national objectives in Section
570.208 and the eligibility requirements described in
section 105 of the Act.
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CITY COUNCIL REPORT FORMA
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TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUE]: Approval of an ordinance authorizing the city manager to execute an agreement between
the City of Denton and Fred Moore Child Care Center, Inc. to provide for Community
Development funding of cotutruction improvements; authorizing die expenditure of funds
therefore, not to exceed $200,000; and declaring an effective date.
RECOMMENDATION;
The Community Development Staff recommends approval. Renovation of the Center and
expenditure of $200,000 In funding was approved by city council in the 1994 Combined
Statement of Community Development Objectives and Projected Use of Funds and
the HOME Program Description,
BACKGROUND:
On June 7, 1994 the Combined Statement of Community Development activities was
approved by city council. Activities included the renovation or the Child Care Center.
Improvements will Include plumbing, electrical and mechanical updates, Installation of
new doors and windows, Installation of a new roof, new flooding and cabinets. Architect
Alan Nelson has prepared the specificadons for the project. The children will be moved
to the gym at the Fred Moore Leaming Center during the renovation, The renovation Is
projected to be completed in six months,
Sl1MMARY:
This ordinance and contract provide for payments directly to the contractor based on
Increments of work completed at the Center and approval by the Director, The Fred
Moore Child Care Center Board of Directors must maintain the facility as a child care
center serving low Income families for the 10-year contract teen.
• PROGRAMS DEPARTM NT QK_gRpUES AFFECTED:
Children attending the Center
Families of Children
Fred Moore board and staff
DISD staff and students at Fred Moore Leaming Center
Neighborhood Resldeats
® Community Development Staff
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~1prigr,'ai+~pL FISCAL JMPACT6
CDBG funding for the program was approved on June 7. Community Development staff
will monitor project and administer contract. No additional fiscal impacts are anticipated,
,5ctfW
Rb/mffned:
v.
V. Harrell
City Manager
Prepared by,
Barbara Ross
Community Development Administrator
Approved,
ail l'lzt
Prank Robbins, AiCP
Executive Director for Planning & Development
Attachmemw
Copy of Ordinance
Copy of Contract
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ORDINANCE. NO,
AN ORDINANCE 'Je THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND FRED
MOORE CHILD CARE CENTER, INC. TO PROVIDE FOR COMMUNITY DEVELOPMENT
FUNDING OF CONSTRUCTION IMPROVEMENTSi AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR, NOT TO EXCEED $200,000 AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I, That the City Manager is hereby authorized to exe-
cute the attached agreement with Fred Moore Child Care Center, Inc,
to provide for the community development funding of construction
improvements noted therein.
SECTION Ii. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement, not to exceed $200,000.
,S,BCTIQN ILL, That this ordinance shall become effective
immediately upon its passage and approval,
PASSED AND APPROVED this the day of
1995.
BOB CASTLEBERRY, MAYOR u
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEX, ACTING CITY ATTORNEY
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CITY COUNCIL REPORT 1!1(3._=P~1-~
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell
SUBJECT: Federal Assistance for the Hiring of Three (3) Police
Officers for Community Policing
RECOMMENDATION: That the City of Denton submit an application to
the office of Community Oriented Policing services of the United
States Department of Justice requesting funding for the accelerated
hiring, education, and deployment of three (3) new police officers
for community Policing.
SUMMARY: The Violent Crime Control and Law Enforcement Act of 1994
provides grants through the office of Community Oriented Policing
Services of the United States Department of Justice. The "Cops On
The Beat" grant provisions of the crime Bill provides funding to
local law enforcement agencies to hire additional sworn law
enforcement officers as part of an overall plan to address crime
and related problems through community policing. The Department
made a request and has received authorization to hire three (3)
officers, contingent on the successful completion of the grant
application.
BACKGROUND: In 1968, the Police Department Implemented a Community
Policing Team in Southeast Denton in response to citizen concerns
regarding a disproportionate amount of crime and less police
attention to this area. Building on the success of this pilot
program, the Department utilized all available resources to expand
this philosophy of service delivery to all areas of the agency.
Thus far., the Department has worked diligently in creating
effective partnerships with the community that have been recognized
nationwide as a model for other law enforcement agencies.
The Department's authorized strength has not increased since 1990.
officers have been required to absorb the non-traditional tasks of
community organization and mobilization while maintaining an
• acceptable response time to an increase in calls for service.
Despite its success, it is the desire of the Department to continue
to move forward with its mission of positively impacting the
quality of life throughout the community by forming practical
partnerships with the citizenry in order to identify and resolve
community problems.
• The three new officers provided by this funding will enable the
Department to dedicate three experienced police officers to the ♦ •
problem solving process. Two of the three will be assigned to tho
community offices located in the target areas of Southeast Denton
and the Owsley Addition. The third officer will concentrate his or
her efforts on organizing and mobilizing the business cor,aunity.
I ?
a
•
as
C - _
~aIL'~•IVV,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The officers provided in "a
this funding will affect the Police Department, other City
departments, and the community as a whole. They will relieve the
frustration of balancing the time necessary to build effective
partnerships with the community against the time required for calls
for service from citizens. They will act as a central repository
for information and resources. They will assist in the monitoring
of available resources so that the Department can better maximize
their usage. These officers will act in a liaison role with the
citizens, other City departments, and the media, thereby
facilitating communication and increasing accessibility. Most
importantly, these officers will be able to contribute 100% of
their time to the creation of community partnerships and the
involvement of citizens in the problem solving process that is
vital to the success of community policing.
FISCAL IMPACT: The grant period equals three years, beginning
March 6, 1995, and funding is authorized for up to 7b% of officer
salaries, fringe benefits, and cost of living increases. The
federal contribution is calculated at 75% of the total for the
first year, with a 25% decrease in each of the subsequent years.
The total cost for the grant period is $359,938, with a local
contribution of $185,936. The cost breakdown for each year is as
follows:
ITFii'i 1st Year Ztld Year 3rd Year
Federal Contribution $ 80,591 $ 60,564 $ 32,837
Local contribution 26.863 60,564 98,509
Total $1070454 $121.,128 $131,346
RESPECT LY SU9MITT D:
LLo d . Harrell
City Manager
• Prepared by:
Yana oright
tenant
• i~jf roved by: •
c ael . Jez
Chief oP Pol
•
E ~WI'WCS\NESVWK110h 11.4 u1.
RESOLUTION NO,
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMIS-
SION OF' AN APPLICATION TO THE OFFICE OF COMMUNITY ORIENTED POLICING
SERVICES OF THE UNITED STATES DEPARTMENT OF JUSTICE REQUESTING
FUNDING FOR THE ACCELERATED HIRING, EDUCATION, AND DEPLOYMENT OF
THREE (3) NEW POLICE OFFICES FOR COMMUNITY POLICING; AND PROVIDING
AN EFFECTIVE DATE,
WHEREAS, the City of Denton is eligible to receive funds from
the Office of Community Oriented Policing Services of the United
States Department of Justice and desires to promote the public
safety and well-being of its citizens through increasing the ef-
fectiveness of the community policing efforts of the Denton Police
Department; and
WHEREAS, in order to receive such funds, it is necessary for
the council of the City of Denton to authorize the submission of an
application to the Office of Community Oriented Policing Services
of the Unified States Department of Justice requesting funding for
the hiring of three (3) officers to be used in community policing
activities; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City of Denton, Texas, certifies that it
is eligible to receive a funding allocation from the Office of
Community Oriented Policing Services of the United States Depart-
ment of Justice for the hiring of three (3) police officers to be
used in community policing activities.
SECTION II, That the City Council authorizes and directs the
city Manager, or his designee, to represent and act on behalf of
the City of Denton in applying for and working with the Office of
Community oriented Policing Services of the United States Depart-
ment of Justice in regard to such grant application,
SECTION III, That the Chief of Police shall forward a copy of
e this resolution to the office of Community Oriented Policing Ser-
vices of the United States Department of Justice,
SECTION IV, That this resolution shall be,:ome effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of ;gg5,
BOB CASTLEBERRY, MAYOR
f
•
w
t
Agoi1d)1trJpL L~IL 1
~C4 Z)3
ATTEST:
JENI4IFER WALTERS, CITY SECRETARY
BY;
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
BY, •
j
PAGE 2
'~tv it31' ,1 611ttL t e7 - V u
1
APPLICATION FOR
rEOEHAL ASSISTANCE 1. DATE sV0h11rrAo Applicant ldonllllor
1. type or SUO(IISSIONI 1, ME RECEIVE) 01' SIME Slaw AppliCelton IJanliflo
Apprlcalle'l : r oa Illcalfol,
1'nA 1
CarssbVCnon U OonaIrUCIiOn ~'J ~rIU4111
C GATE nECEIVEO DY I' COEnAL A01110Y rodwol lden11119r
IXf FlaLConAmcllon L] (lOn{;onsUUFIImI
S. APPLICANT HraRmmiotf
Legal Nana: O~oanllouonal U11I1: M
Denton Police Department
City of Denton, Texaffr
Addless (Ulvo clfy, county. If$* and lip I! ma and IeloWlono numb., of Ih9 Proton to be ,onleated on mallarA Invufvlne
601 8. Ilickory; 511i h~s eppl+u non (give area Code)
Denton Chief Michael W. Jez
Denton County, Texa(817)383-7926 E'AXI (817)383-7966
a, EMpLO1En IDENTIFICATION NbMDER IEINII _ 1, IYPE 0r APPUCANIr (to far Ipprop,lAfe lerlerln bod '
T 5 - F6 0 0 0 5 1 Q A. 51&10 N, Indepandanl Sahoor Dist.
B. . Counite I, Stale Conlrolfed Inslltullon of Nigher LNrnlog
1 TYPE Or APPL1CAUON: C. Municlpol J. Pdr110 VnNe lily
0, Township K, Indisn TIN
Q(f New Con Unllallon i] nevldon E. InImslw L. lodivldual
.
r•. Inlalmunl0pal M. P10M Oloonsaaflon
If (Iavlllon, 91110 g1plOprrnle letter(s) §I bo.(00: El 0 0. SDVCIeI OliNkl N. OUlar (Speerryl;
A. lecleaso Award S. Daugse Award C. Incleue OUfallon -
tl, DeCl Oasis Duutlon On,et (spoclfyJ: 1. NAME Or FfOEML AOENOVI
! Office of Community Oriented Policing
- r _ Seryieas, U.S. Department of Justice_
10. CATALOO OF FFOEIIAL DOMCSrIo I yl ' I,j II, OFSCRIPW(s MILE OPAPPLICANPS PnOJECII
ASL151Ar(CE NUMOEIL• y V Ar
Accelorated Luring, Education and
nrtt: Public Safety and Community Deployment of Three New Police Officers
1'011olicl ag Grants for Commynity Policing
12. AAEAS AFr CCTCO DY r;t0)ECr (C)li0s, Cn Dnr)91, SIAlel. OrC.Jf
City of V?nLon, Texas
IT PnOPOS E D P nOJECTI IA-.C On n Ff SIOiIALD IS In ICrS OF 51911 DJIU Ending Oslo a. Applicenl - ; b. PID♦ool
03/06/95 03/05/98 U.S. 26Lh District U.S. 26th Di.atriCt
I5`ESIIMM1IEO PUN DiN O: Ia. IS APPVCATION ;UMOF 101 IfSY SY SIATS EXECUTIVE 01101n tl3)7 IROO1f11
A. PeJerAl ,0p a. YES. TNIS pnEAt1PUf'ATIVIdAPPLICATION WAS MAOE AVAILABLE TO 11(S
_1731992 STATE E71ECU1iVE OAD5A mn PROCESS FOn ItMGEW ON:
185,936 nnrE
00
b ND, ~j P(1O0f1AM IS NOT COVEAGO 6Y E.O. 12072
Q L,i it f .00 l`''_11 t
QJ On PnDGRAM HAS NOT' BEEN SELECTEO EY STATE FDn FlEVIEW
e OUiai f .00 '
( fauuanl lnep+ne .00~ It. IS TI If APPLiCA01lbELIHOUVIt ONA1fYrSaEOAI.OWF1
9 1p1A`-----" Co Yes 11 'Yes,' milach an a0plana0on. ® No
® 359,938
le. 10111E UESr OF MY XISOWLEOOf AII0 9ELIEF,ALL OAIA IN IInS A, PLICAUONrPA EAPPLICA PION AOE TnUS ANOCOnnECf, TILE DOOVMENt NAS DEENDULY
AUMUMIEO Uv 111E cOvenNp10 eODy Or ME APPUCANr AIrO NIE APPLICAN( WILL COMPLY WIIII m(ArtACIffO AI5VIIANCSS IF 111E ASSISIANCE II AWAA010
a. typed (lame ur Awhodted Penrowlillra 1) Title a Tests' numU4
L.loyd_Ilacrell City Manager el 55 numb,
d S-ipjlu,e us Aulltodled nap,IJpn X1,0
e Oslo $1,ed
' 111 I '
_ II C"vioolVa,Ton 7rj---~TrTe-__' _ - I
ranJ~ onn l r a31dj"
Pwsudpld b/ OLIS L'rm11a~ A102.
•
•
U.ti. Urpmirurm nJ Ju,n,r
OJlrr n/Cmnnmriby Orlrmed l'nHdna Srnlru i
ASSURANCES r:o
Several provision, of WentI law and policy apply to all grain progrnuls. We (Ile Off cc of
CommuI I ily Or iell led Policlug Services) need to secure your assurance 111111 you (Iho lip pIicard)
will voriply whit ([lose provisjols. If you would like further biformotion about any of I1t0 G p12
nintlera on which we seek your assurance, please control us.
By your nulliorized represcnlaIIve's signohu it, you assure us and certify to us thal, if ilia giant Is
a worded, you will comply with all legnl and adnnnislrollvo tequiremeuts Ihnl govern 1110
ncceptance and use or fedef al grant foods. In particulo', you assure its that:
1. You have been legally and officially authorized by Iho D. You will not, on Ore ground of roca, color, religion, "it-
Appropriate governing body (forexample, mayor orchy coun• Ilona] origin, gander, dbabllily or age, unlawfully exclude
cll) to appty lot tills grand and that the persons s(gning ilia any person from pailldriatlonln, deny ilia benalils of or vin.
eppllcoVon and those assurooces on your behalf are eu0no- ployaronl to any person, or subjecl any person to discrhn6
flied to do so and to act on your behalf wRh respect to any nation In connocllonwilh any programs or oclivllics funded
issuos dhol may erlso during processing of [ills oppticaIlon. In whole of In par[ with federal funds. These civil rights re-
gtdramento are found In [lie nondiscrimination provisions of
2. You will comply with Ilia provisions of federal taw which Ina O,nnibus Clime Control and Safe Shoals Act of 1968,
limit carlelnpotilicaiactivi[iesof your enapioyeasWhose Plitt. as amended(42V.S,C.§5709(d));Title VI oflhoCi IM)ghls
cipal employment is In connection Willi on activity financed Act of 1904, as amended (42 U.S.C. § 20004); Ilia Indian
In whelp or In padwilli this grail These roslricllons are Bel Civil fth!s Act (25 U.S.C. 1301.1303); Section 004 of
lorth In 5 U.S.C. § 1001, Qum Ina Rehebllilat(on Act of 1913, as amended (29 U.S.C. §
794); 711111 11, Subtitle A of Ilia Americans with Dlsabllilles
3. You will comply will Ilia nnlnlmum wage and maxhnsum Ac! (Al (42 U.S.C. § 1210l, CL5Aq h lheAge Diacrlmloa•
hours provisions of Ilia rederal rab Labor Standards Act, If Ilan Act of 1970 (42 U.S.C. § 6101. a"Jig and Dipped-
play apply to you. ream of Justice Nan-Dtscrhnloallon negulaliono contained
In Title 20, Paris 35 and 42 (subparts G. D, E and G) of Ilia
44 You will establish safeguards, If you have rfol done so Code of rederal fiegulallons.
already, to prohibil employees from using their positions for
a purpose Ilia[ Is, or gives the appearance of being, utoh. A. In the event Ilia[ any food or administrative
voted by a dosbe for private gain for themselves of others, agency makes a finding of discrimhnallon on grounds of race,
parlicularty those will whom they have family, buslrt or color, feligion, national origin, gender, rlisablhly or age against
other lies, you altar a duo proceso hearing, you agree to forward a
copy of Ilia finding to Ore Office of General Counsel, COPS,
5, You Will give the 0epaltmen[ of Jusllcp or ilia Conptiol. I Box 14440, Washinglon, DC 20044,
for General access to and [Ile right to examine records arid
documents related to Ina grant, B. If you are applying for a grant of 5500,000 or
more and Departnnanl fagulations (20 Cirri 42.301 ItIA".)
6. You will comply with all roquiiemanN Innposdd by Ibe require you to submit an Equal Opportunity Employmenl
Deparlmen[ of Juslico as a condihiorl or odmintsbalive m- Plan, you will do so at Ins time of Ills application, if you
c iremanl of Ina grail, with [ho program guldeliuas, Willi liana noi done to In Ina past
Ilia requliemenls of Oh1B Cbculors A-87 (governing cost cal.
culations) and A-129 (governing nudlls), will the applicable 0. You will insure the] Ilia facilities under your owneishin,
l:ruvislons of [lie Omnibus Urra Control arid Safe Streets lease or supervision which shall bit utilized In the ocean -
A0 of 1900, as nmended, wish 20 CM Port 60 (Uniform plhshrnenl of [he project are not haled on Ole Cnvironmenlai
• AdnJnis[rpOve pequiremenls), wish the provlslons of ilia frotecllonAgancy's(EPA)Ilsla(VlolatirgFacllitlesarid ihat
current edition or [he OIrce of Juslico Programs rinancha you will nollly us If you are advised by Ilia EPA Indicating
arid AcfnrMlstrath o Guide (or Grails, and with all other np. that a fncllity to be used in this grant Is under consldeaIlon
piicnbte laws, orders, regulations, or ctrcldors. for listing by CPA.
7. 1'uu will, to (he axlont practicable and corisistant Willi 10, If your Onto has established a revlow And commonl
applicobha law, seek, recruit andlrire mer ibersol radal and procedure under Execulivo Order 12372 and lies selected
ethnic mtnorily groups and wonaon in order to further etrec- Ills progronn for review, you have modethis application avail.
• tlva law en]orcemernt by increasing their ranks within Ilia able for revlow by Ilia Stale Single Point of Contact.
sworn positions In your agency. •
J hereby celivy compliance with rile above assuralces floor govern ilia applfcarlon arid use ofrederal funds.
Appeudfx 0. Legal Assurances '
a
' rl,f pq„n muN Oq l"ohe
{ (l/Jicr n~G'onuu„ri ply Orlnitrd!'olfdriA Srnftu ~ 0.1y_, i
Tf F"Ir'~~h•..~
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUS NSL+N
AND OTHER RESPONSIBILITY MATTERS; DRUG FREE WORI?'LA
REQUIREMENTS; COORDINATION WITH AFFECTED AGENCIES'':"AND 7 d~Z.3
NON-SUPPLANTING
Although Ilse OcKulnrcul of Justice has tun is eve,)' effort to simplify the npplicnnion process, oilier provisions
of federal law require us to seek your certilicntlon regarding certain minters. Applicants should rend Ilea
rcgulalioes cited below nmi the instruclious for certilicallou Included In Um regulanious to wmletsland the
reslulreuoeuts and wliellner they apply no n porliculnr oppliconl. Sigonture of Ilds form provides for compifnnce
whir certification requirements wider 28 Cl'lt part 69, "New Resinctious on Lobbyhig" and 28 CFII port 67,
"Ouvemmcnl•wlde Debarment and Suspension (Nmiprocureinenl) arid Governmeni-wide Acqulnentmils for
Drug-Free Workplace (Orarnsl," cord Ibe cordtiialon and non-supplaidtiig iegaireuncnls of the Public Safely
11minershlp and Csnnenniiity policing Act of im. 'Tire cerlificntiums shall be treated as a material rernesculn-
lion of foci upon which reliance will be placed when Ilse Depaturew or Jusdca dele[mines to nward the
covered graul.
1. LOBBYING' eluded train covered Iransactluns by any Federal depart-
rnernl or agency;
As requbed by Section 1052, Title 31 of lire U.5 Code, and
briplemonled at 28 CrR Port 69, for persons anlodng Into a (if) Have not wilbina Itvee-year period preceding this applf-
grant or coopaialivo agreanieril over $100,060, us dannod cation been convicted of or had a civil Judgment Rendered
at 20 CPR Part 69, lilb applicant certifies Ilia]: against tyrant for commisslon of houd or a criminal offense
in cornecllon wilir obtaining, attempting to obtain, or per•
(a) No redoral appropriated funds have been paid or will be fanning public (Federal. Stale, or local) Iransuctfon or con-
nald, by or on behall of Ilse undorslgnod, to any parson for traclunder a public hansacflan; violation of Federalur Slate
Influencing or sttempling to influence an olficer or ornpioyea antitrust statutes or commission of embezzlement, thell,
of any agency, a Member of Congress, an officer or am- forger y, bribery, falsification ordeelruclion of records, mak-
ployes of Congress, or an employee of a Member of Can. log [also slatemenls, or receiving stolen property;
gross In connection with Ilia making of any Federal grant,
the enalloy Into of any coopelalive agreemeul, and Iho ex- (NI) Ara not presently Indlcled for or otherwise cdminally or
tension, coidlnuallon, renewal, amendment, or madllicalum civllly charged by a govammenlal onlily (Federal, Slate, or
of any roderal guard or cooperative agreement; locol) with commission of any of file ogensee enumerated
lo paragraph (A)(ii) of this wrll6calion; and
(b) If any funds o9ier than Federal appropriated luuds have
been peed or will be paid to any person for innuenclng or (w) Have riot within a Ilnrao-year period preceding lids lip•
auomplingto (nnuencean officeror employee of any agency. pllcallontied one or more publletransactions (Federal,Slott,
a Member of Congress, an officer or employee at Congress, or level) terminated for cause ordefaull; and
or an employee of a Member of Congress In conneclion
with this Federal grant or coopmalive agreement, the un• B. Where Ilia applicant Is vnnble to certify to any of flit
denslgned shell complete end submit Standard Form--- LLL, slolernenls in this certification, lie or she shall attach on
'Disclosure of Lobbyilsg Acllvflles," In accordance with Its explanation to this application,
Insirwctions;
0. DRUG-FREE WORKPLACE (GRANTEES OTHER
(c) Ilia undefslgnod shalt requlra (hat the language of (his TJIAN INDIYIDUALL)
ce,1111co6on be Included in Ilia award documerda for all
subswalde at all Ifers (Includhrg subgramis, contracts under As requited by the Diug.Fiea Worliplact Act of 1908, and
grants and cooperollve epreainenls, and subconhacls) arid implemented at 20 CPR Part G1, Subpart r, for granites, as
that all sub-nrrciplents shall certify and disclose oceonlingly. defined of 20 CUR Part 61 Sections 07.615 and
67.620 -
2. Dr. 9ARMuN r, GUSF'BNSIGN, AND Of HER RE9I10N-
SIRILITY MATTERS (DIRECT RECIPIENT) A. The applicant eer00es thaiit will or will con9nue to pro. ,
vide a dreg-free workplace by,
As requbed by Executivo (hdor 12649, Deba+nnont and Sus-
pension, and Implemented at 20 CFR Part 67, for prospec• (1) Publishing a statemonl notifying employees Ile[ the un.
Ilve porilcipmnls hi primary covered transactions, as defined lawful manufacture dishibuilon, dfspensing, possession, or
at 26 CFR Part 01, Sonlion 67.510 - use of a controlled subsfonce Is prohibited M Ilia grantee's r t!
workplace and specifying Ilia actions Ihal will be laken
A. 'Tile oppllcanl certifies (hat It and Its principals, agabrsl employees for Aololfon of such prohiblllon;
if) Ale +iol presently debarred, suspended, proposed ror (11) Eslabilshing an on•goingdrug-'•ee awareness program
debarment, doclared lnellgible. senlencod to adenlal of red• to Inform employees about
oral banefito by a Slate or Federal court, or volunlaiily ex.
' (a) The danger;ill drug sines In the workplace;
r '
M1PP r'~dlx C . Lrtal Cnllfl[vtfvnr
Q
•
(b) Trio granlao's policy of mah,inlning a Jnrg-shoo wed<, 0. The granleo may Insort,-l" ft# e 13
place; silo(s) for Ilia performantplwiork "ono ne n It
lhaopocillogran(: 1,;J,'i-.hI
(c) Any available drug dounseltng, rehabilitation, and em- ~ i
playas ssaistence programs; and Place of Performance (S~rdbl' E
rip code)
(d) Tha penallhs that may be Imposed upon employees for
drug obuse violations occurring 11 1160 workp3aca; -
(III) Making it a requbemenl [list each employee 10 be on-
gaged In the performance of Ilia grant be given a copy of
lice statement required by paragraph (1); -
Check ❑ It there are workplaces on rile lbal are not tdont-
(lv) Notifying Ilia employee In the statement required by tied here.
paragraph (I) Orel, as a con0lon of employment under the
grand, Ilia employee will Section 67.630 of Iha regulations provides that a grantee
that Is a Stele may elect to make one ceitincntlon In each
(a) Abide by the Perms of the statement: and
eredeiiii fiscal year, a copy of ach application for D pmtmenil of Justice b funding. Slafes
(b) Notify Ilia employer In wriling of hls or her conviction for and Stale agencies me), elect Io use UJP Form 406117.
a violation of a criminal drug slatute occurring In Ifhe vrork-
piece no toter then rive calendar days aflor such conviction; Check 0 II the Slate has elected to complete OJP
Form aflin,
(v) Notifying the agency, Inwdtng, within 10 calendar days
slier receiving notice under subparagraph (Iv)(b) from an 4. COOrtDINA7lON
employee or otherwise receiving actual notice of such con•
vlcton. Employers or conviclad employees must provide Ilia Public Safely Partnership and Community Policing Act
notice, Including position Ilia, to: COPS Program, P.O. Box of 1994 rogvhes applicants to certify that there has boon
14440, Washington, O.C. 20044. Nullco shall Include ilia appropdale coordination with all agencies that may be al-
identification number(n) of each affected grant; facied by Ilia applicant's grant proposal II approved. A(-
(acted agenctgs may Include, among others, the Office of
(vl) Taking one of Ilia (allowing actions, within 90 calendar ilia United Stales Attorney, state or local prosecutors, or
,lays or recelving notice under subparagraph (Iv)(b), will, correctional agencies, The applicant codifies that there lies
respacl (o any CnI ftyee who Is $o Convicted been appropriate coordinallon wilh all affected agencies.
(a) Taking appropriAo personnel action against such en S. NON-SUPPLANIINO
employee, up to and Irrludlng termination, consistent wid.
ilia requlremolds of Ilia nehabditatlon Act of 1979, as The applicant hereby cwtilles that Federal funds will not be
amended; or used to replace or supplant Slate or local funds, or funds
supplied by the Bureau of Indian Affairs, that would, In (he
(b) Requiring such employee to pertctpate satisfactorily in absence of federal aid, be made available to or for low an.
addug abuse sodelancaor rehebflllallonprogram approved forcemenl purposes
for such purposes by a Federal. Stale, or local hasllh, low
enforcement or other appropriate agency; file oppgoanl further cerlifiea trial fu ds mqutred lu pay the
non-federal or "cash molcb" portion of the grans program
(vk) Making a good fallfr effort (o continue to maintain a shall be In addition to funds that would otherwise be made
drundreo workptaco through Implementation of paragraphs nvalloble to or for law enforcement purposes.
(I). Ili). 00. (Iv). (v), and (VI).
I
i
•
As the ryrr7y aurlrorized r¢prederrmllve oJrlha npyrlfcan7, I hereby c¢rrljy flier yAa
npplfConr 11,111 conttrfy ividh ib¢ obove rer-locariond.
chi n F henn_ THfl j
City of Der1L•o_n.FO11ce.Dr> . irtnent, 60Z E 76205
Or anloo Name and Addrosd
167726 7.5_5000514 ,
Appllca{Ion NUmbsr andror Project llama Onntae IRSN111dor Number
Loyd [Jarrell, City Manager _
typed Nana and Tlllo of Autlwdtod naproaan[allva
'Slgnatun Dals
` Appendix C • Logaf CortlAUdlons
• ~ r ati'.
•
L ~
17~nc1';No
APPLICATION SUMMARY Aija„CL.I(u
L3
The City of Denton, 'Texas, proposes to hire three (3) aw
enforcement officers under COPS AHEAD. The geographic location of
this department is approximately thirty (30) miles north of the
Dallas/Ft. Worth Metroplex on Interstate Highway 35. The current
size of the department is 101 sworn officers, with an authorized
strength of 105 officers and it provides the following servicest
law enforcement] order maintenance; and crime prevention activities
to the citizens of Denton.
The total federal funds requested under this proposal are
$173,992 for three years. These officers will be hired no later
than the first available training session after January 1, 19950
which is currently scheduled for March 6, 1995.
The jurisdiction's five year community policing plan includes
the reduction of crime and fear of crime. These new officers and
others assigned to community policing will contribute to this plan
by engaging in the following activities: the identification and
organization of neighborhood groups) consultation with these groups
in order to mutually set goals, identify problems, and formulate
solutions; the adaptation of the department's response to best meet
the needs of the community groups; and the mobilization of
available resources to resolve stated problems. This plan was
developed in consultation with other City departments, such as Cade
Enforcement, Streets, and Utilities, and community groups like
Neighborhoods Improving Community Environment (N.I.C.E.) and the
Owsley Coalition. The major public safety needs that will be
addressed through the hiring of these new officers are narcotics
trafficking, order maintenance, and an overall increase in calls
for service over the past year.
:
t~t
.
a
•
ca
3
IaLA_
BUDGET SUMMARY
G
..M.
The proposed amount of federal expenditures over the threetOQs u
period is $173,992.
The proposed amount of non-federal expenditures over the three
year grant period is $185,936.
The source of the non-federal expenditures is the City of
Denton General Fund.
The federal share will equal 75% of the total expenditures in
the first year and decrease 25% with each subsequent year of the
grant period.
Specific budget items included in these expenditures are the
officers' base salary including the required step raises and
estimated cost of living increases, incentive pay for college
degrees or state law enforcement certifications, longevity pay, and
employer's contributions to the employee's social security (FICA),
retirement (TMRS), and premiums for worker's compensation, health,
and life insurances. These expenditures are calralatod as follows:
lease S arv: Computed using the hourly rate of $12.48 for an
entry level police officer with increases of 5% at the end of
the first and second years of employment and projected cost of
living increases of 4% on January 1st of 1996 and 1997,
B_eDgLJ_t_Adj1stment: The City's payment of the employee's
contribution to the retirement system, equal to 5.26% of base
salary, and added to the base salary prior to i,he calculation
of other benefits.
1,4nggyJJy Pav: Calculated at $4.00 per month for each year of
service.
J,=Qi3tive Ay.: Calculates at $120.90 per month for an
advanced peace officer certification or bachelor's degree.
rte: Calculated at 7.65% of the officer's base salary.
• TMRS: Employer's contribution to the retirement system
calculated at 7.79% of base salary.
yLoritgL! __QompQnsatioa: Calculated at 2.69% of officer's base
salary.
};e_it11 IiZ t1S xXance: Calculated the current employer
• contribution of $207.58 per
1bUe Insurance: calculated at 3% of officer's base salary.
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The City of Denton's fiscal year begins on Oot9bq ,his r K
year and includes a total of 26 pay periods.
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,HCIFIC BUDGET I_EM
Grant Periodr 1st Year - 03/06/95 - 03/05/96
2nd Year - 03/06/96 - 03/05/97
3rd Year - 03/06/97 03/05/98
uZM fit""_ MR In yEA$ and YEAR
Base Salary $ 26,139 $ 28,549 $ 31,187
Benefi{:s Adjustment 1.._75. 1,502 1,640
Salary Sub-Total 27,514 30,051 32,827
Inuentive Pay 0 1,440 1,440
Longevity Pay o 44 88
FICA 2,105 2,299 2,511
TMRS 2,143 2,341 2,557
Worker's Compensation 740 808 883
Health insurance 2,491 21491 2,491
Life Insurance 825 ~Q2 _.~901
Total Salary 35,618 40,376 43,782
Total X 3 Officers 107,454 121,128 131,346
Federal Contribution 80,591 60,564 320837
Local Contribution 26,863 60,564 98,509
The total expenditures for the three year grant period equals
$359,938.
The minimum required contribution by the City of Denton equals
251 of the total or $89,985.
• The proposed contribution by the City of Denton is $185,936 or
$95,951 over the minimum required.
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COMMUNITY POLICING STRATEGY r }}J*f~//•QQf
1. Describe your agency's long term community p+alic+j i!i4aQ4y5
and its implementation plan. I`Ze~z?
The Denton Police Department first utilized community oriented
policing in 1988 when a neighborhood in southeast Denton complained
that they suffered a disproportionate amount of crime and police
paid far less attention to their area than other parts of the City.
The Department responded to these complaints by forming a team of
officers to work cooperatively with the citizens of that area to
resolve their problems. The team consisted of one sergeant, one
detective, and four uniformed patrol officers who were assisted by
the Department's two crime prevention officers. The citizens of
that area formed an association, Neighbors Improving Community
Environment (N.I.C.E.), and the team met with them on a regular
basis to receive their concerns and solicit solutions.
This pilot program was deemed a success through the evaluation
of its positive impact on crime In the area, residents' fear of
crime, and the relationship of the citizens and the police. in
1990, the Department adopted community oriented policing as the
agency's philosophy and a committee formed within the organization
translated the philosophy into a Department mission statement which
reads;
The mission of the Denton Police Department is to positively
impact the quality of life throughout the community. To
achieve these ends, the Department is committed to forming
practical partnerships with the citizenry, which Includes a
mutual goal setting process aimed at resolving problems,
reducing fear, preserving the peace, and enforcing the law;
thereby, providing a safe environment for all citizens.
To facilitate the implementation of the community oriented
policing philosophy throughout the organization, the City was
divided into two sides, East and west, with four areas or districts
on each side. in addition to the continuing work in Southeast
Denton, an area on the west side, the Owsley Addition, was
designated as a second target area. Further, patrol sergeants and
officers were individually assigned to a team in each district.
• These teamn are responsible for facilitating the organization of
the neighborhoods, both residential and commercial, consulting with j
these groups of citizons to identify problems, adapting Department j
activities to respond effectively to those problems, and mobilizing
all available resources, both inside and outside the agency, in the
resolution of these problems.
p In 1993, a committee of employees from every area and level of
the Department was formed to assess the organization's progress and
provide a framework, scY ule, and list of tasks essential for the
Department's continued success in actualizing the community
policing philosophy. The intent and primary focus of the plan is
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the identification of internal actions that must be takenja- r
position the Department to work in partnership wi
neighborhoods of the community. While the majority of the plans?
centers around areas that involve exclusively internal activities,
such as training and inter-agency communication, at least two
concerns, community involvement and the management of resources,
were identified as areas of deficit that are directly related to
activities outside the organization.
As stated earlier, the residents of Southeast Denton formed an
association, N.I.C.E. This particular area of the City is an
established community with life-long residents. They elected
officers and have consistently held monthly meetings. Citizen
complaints regarding criminal violations and public disorder, such
as noise, traffic, and alcohol violations around the community's
park, are targeted by the officers and progress is reported at
subsequent meetings. Additionally, these residents have expressed
concerns about drainage, street lights, and city code violations.
Officers, forward this information to the appropriate city
departments for action and follow-up on the situation to insure it
is resolved.
A Southeast Denton community office was established in a
donated apartment in the Phoenix Apartments, a local government
housing project. This office is staffed with volunteers from the
community and facilitates officer accessibility to residents.
Additionally, the office provides crime prevention information and
a location for area children to do their homework and receive
tutoring. The business community donated funds for a Southeast
Denton newsletter that includes information about police activity
in the neighborhood, community services, and profiles on community
members and police officers. Texas Woman's University established
a health care facility in the Phoenix Apartments and provides free
prenatal, obstetrics, gynecology, and dental services to low income
citizens.
The Owsley Addition is an area of low-income apartment
complexes on the west side of Denton. Because attempts to organize
the residents of this area were not as successful as those in
Southeast Denton, the officers turned their attention to programs
targeting the children of the area. By involving agencies and
organizations in the community, the Owsley Coalition was formed.
it includes a combination of United Way funded agencies, the Denton
Independent School District, and the University of North Texas.
Additionally, an apartment managers association was formed.and an
apartment was donated for a community office. This office is used
for children's programs such as a movie night, Girl Scouts, Boy
Scouts, a computer literacy program for children, and literacy and
English as a second Language classes for adults.
E in addition to the efforts in these two targeted areas, the • •
community has responded by assisting in the creation of the Police
Athletic League (PAL) and the Department's Bicycle Unit. Local
businesses and other groups donated, remodeled, and equipped a
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building to be used as a PAL gymnasium. This program proe~~~~
local youths an opportunity to participate in supervised play t~
activities at no cost and, in some cases, the chance to compete V~
against other programs in Texas. 't'hus far, over 220 children have
participated in PAL programs that have included boxing, baseball,
basketball, karate, and dance. The initial creation of the Bicycle
Unit was funded entirely by donations from the privato sector. Not
only does bicycle patrol provide enhanced opportunities for
interaction between citizens and police, the Unit has provided
bicycle rodeos, .repairs, and safety classes for children.
While the Denton Police Department has experienced substantial
success In its community policing efforts, the organization has
identified a need to increase community involvement and more
effectively and efficiently manage available resources. Community
policing requires officers to not only continue to respond to calls
for service from the public and enforce laws through the issuance
of citations or custody arrest, but also mandates additional
activities involving the organization of and consultation with
citizens. These activities require an enormous amount of time to
coordinate such efforts. Presently, the Department has depended on
officers to fulfill these new duties while maintaining the same
level of service to the community. This funding will provide three
full-time problem solvers.
With the assistance of these federal funds, the Department
intends to hire three cfficers by March 6, 1995. These officers
will be sent to a basic police academy and then complete up to 29
weeks of field training. once they have successfully completed
this training, they will be deployed to a patrol shift and a
district team. The additional manpower will enable the Department
to assign one officer to each community office and create an
additional community office for the organization of bu:!nesses.
While the Department will continue to maintain a community
policing philosophy throughout the organization, freeing three
officers to concentrate all their time on community policing
activities will assist the Department in three areas. First, these
three officers will act as a central repository for information and
resources. oftentimes, communication between patrol officers is
lacking or nonexistent. For example, one officer may be facing a
problem similar to that of another or have access to resources that
• would assist another officer. These officers will be in a position
to monitor plans submitted by employees. They will then be able to
assist in securing needed resources, prioritizing the allocation of l
those resources, and facilitating communication between officers
facing similar problems.
secondly, these officers will work to increase communication
e between citizens and the Department. Officers throughout the • O
Department. will forward information regarding citizen contacts to
these officers and they will, in turn, contact the citizen to
report on what action was taken regarding their concern, survey the
citizen's satisfaction with the police response, and encourage them
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to make such requests and comments in the future. hddit
these officers will be involved in the preparation o`
releases and public service announcements. The%, will also be 1Sdgp„~,`T
responsible for evaluating technological advalICU , such as
interactive television, in order to find alternative methods of
communicating the agency's goals to the public and easing citizen
access to the Department.
Thirdly, these officers will be charged with the task of
identifying, organizing, and mobilizing community groups. The
H.Z.C.E. group in the East side target area is comprised of an
established neighborhood with natural boundaries. While much
success has been experienced with this group, it has become
somewhat stagnant. For example, concern exists over the operation
of the Community Office. The officer assigned to this area will
evaluate its use and develop a plan to maximize the Office's
potential.
The West Side is a much more diverse, disjointed group.
erefore, community organization and involvement is of foremost
c ncern. The officer assigned to this area's primary
responsibility will involve developing trust in the area residents.
Then, and only then, will the residents voluntarily engage in the
interaction with the police that is so important to forming a
partnership. Further, the coordination of fundraising for the
recreation center is an enormous project that will require a great
amount of time.
Businesses have somewhat different needs and concerns than
residential neighborhoods. The officer assigned to organize and
mobilize the commercial community will be able to focus all their
attention on business-relat" crime prevention programs, such as
internal thefts and robberies. By organizing these businesses, the
Department will be facilitating the creation of a neighborhood
where its "residents" can work together to resolve common problems.
The Department will subsequently benefit from such activities by
creating and identifying valuable resources that can bu tapped for
other projects.
The Denton Police Department has made great strides in its
mission of positively impacting the quality of life throughout the
community by forming practical partnerships with its citizens.
• However, the organization recognizes that, in order to more fully
actualize its goals, it must expand its efforts. The funding R
provided by this grant will enable the Department to do just that,
by dedicating three officers to the task of organizing and
mobilizing the community in an effective problem solving process
that will result in strategies to address crime, fear of crime, and
neighborhood decay,
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CORKUNITY POLICING STRATEGY {-Y
2. Describe how hiring new officers still serve a local level
public safety need.
The Denton Police Department experienced a 10.2% increase in
calls for service from 1993 to 1994. The activities associated
with community policing require officers to dedicate a great deal
of time to the organization of and consultation with citizens, the
creation of action plans, the acquisition of resources, the
coordination of efforts with other City departments and outside
agencies and organizations, and the implementation and evaluation
of these solutions. However, the Department does recognize the
need to balance the Importance of engaging in these activities with
the responsibility to respond to calls for service.
In addition to the increase in calls for service, citizens
also continue to list public safety as an primary area of concern.
The officers requested in this grant package will assist the
Department in increasing police involvement in the community by
deploying officers in the community offices, as well as creating a
new community office, without reducing the patrol force. These
officers will dedicate 100% of their time to the development of
strategies to address crime, fear of crime, and neighborhood decay
through the mobilization of the community in an effective problem
solving process aimed at improving the quality of life.
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COMMUNITY POLICIN(: 3TRATP.GY
3. Explain why your department has been unable to address the f7
public safety need described in section 2 above without federal
assistance.
The Denton Police Department has maintained an authorized t
strength of 104 officers over the past four yearn. However, the
actual number of sworn personnel has averaged between 95 and 100
officers. As with most municipalities, the City of Denton has
experiences; economic :imitations that precluded an increase in
personnel across the entire organization, including the Police
Department. The plan created in 1993 projected the Department's
manpower needs at 106 officers in 1994, 109 officers in 1995, and
13.1 officers in 1996. Therefore, the current staffing falls below
the projected need and there is little expnetation that the number
of sworn officers will be increased over the next three years,:
The Department has consistently faced the frustration of
balancing the time intensiveness required for effective community
policing with the demand for services from the public. The
increase in calls for service over the last year with no increase
In personnel serves to hinder these efforts and frustrate
personnel. To be successful in forming the necessary partnerships
with citizens, officers must be freed from the isolation of the
patrol car. This grant will allow the Department three officers
who will dedicate 100% of their time to the problem solving
process.
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COMMUNITY POLICING STRATEGY V
4. Identify related governmental and community initiatives whicgh'
complement or will be coordinated with the proposal.
Since 1987, in the furtherance of neighborhood renewal, the
Department, in coordination with the city of Denton Code
Enforcement and Community Development Departments, has utilized
$154,427 in HUD and other government grant monies to demolish 108
structures. C
As a direct result of the Department's community policing
efforts and presence in southeast Denton, TWU Cares, a health care
facility, was established at the Phoenix Apartments. It currently
has an operating budget of over $109,000 originating from
government funding at the local, state and federal level.In
addition to health services and referrals, TWU Cares' future plans
include collaboration with the Department in providing activities
related to physical activity and fitness; alcohol, tobacco, and
drug use; and violent and abusive behavior.
The Owsley Coalition is comprised of United Way funded
agencies, the Denton Independent School District, and the
University of North Texas, and works in collaboration with the
Police Department and the apartment managers association in that
area. Thus far, the Coalition has played an instrumental role in
securing land through CDBG grants for an area park and recreation
center, as well as playground equipment for the park which is
scheduled to open in May, 1995. The City of Denton Legal
Department has assisted with the paperwork associated with the land
purchases and the City's Keep Denton Beautiful staff has
contributed plans for the landscaping of the park. In addition to
these two large projects, the Coalition sponsors two ^ommunity
fairs per year in an effort to foster resident cohesion. In
support of these fairs, local businesses donate food and
merchandise, heaith care facilities provide screenings and
information, and youth programs provide parents the opportunity to
enroll their children in supt•rvised activities.
The West Side Community Office provides a location for many
0 activities. A local business donates videos for a children's movie
every Friday night. Denton ISD offers literacy and English as a
Second Language classes for adults. The City of Denton Parks and
Recreation Department transports children from the Offirs to karate
classes at the YMCA. The Office also provides general knformation
and referrals to other services.
B The City of Denton recently adopted an overall philosophy
similar to community policing. Neighborhood Service Delivery
organizes service departments of the City in an effort to create
interactive partnerships with citizens in order to resolve
problems. The Police Department will play an important role in
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guiding other City employees in their efforts and trt~j9;l iol}~
assigned to the community offices will be in a post io
effectively coordinate these activities. y-0
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COMMUNITY POLICING STRATEGY
5. Describe initial and anticipated levels of community support,
including financial and other tangible contributions to community
policing efforts.
The Denton Housing Authority donated one of the units, with an
estimated value of $7,200 per year, including rent and utilities,
at the Phoenix Apartments to be used as the East. Side Community
Office. The West Side Community Office is an apartment donated by
a private corporation and is valued at $4,320 per year. The
Department anticipates acquiring similar donated space for the
location of a third office that will serve to target the
organization and mobilization of the business community.
As a direct result of the Department's community policing
efforts and presence in Southeast Denton, TWU Cares, a health care
facility, was established at the Phoenix Apartments. It currently
has an operating budget of over $109,000 originating from
government funding at the local, state and federal level. The
clinic saw 1,716 clients in 1993. In 7.994, that figure rose to f
3,136 with physicians, dentists, pharmacies, and laboratories I
donating over $41,000 in services. In addition to the established
health and referral services, TWU Cares' future plans include
collaboration with the Department in providing activities related
to physical activity and fitness; alcohol, tobacco, and drug use;
and violent and abusive behavior.
Members of the community, including two individuals, a movie
corporation, the owsley Coalition, a UNT Fraternity, and a local
bank, donated almost $25,000 ..°or the creation of the bicycle unit
and the unit continues to receive money to defray the cost of
specialty items and training. Local businesses, community
organizations, and individuals have donated funds for the southeast
Denton newsletter, food and other items for community fairs on both
the East and West sides of the city, a building and athletic
equipment for the PAL program, and videos for Friday night movies
on the West Side.
The Owsley Coalition has played an instrumental role in
securing land through CDSG grants for a recreation canter and a
park for the area, as well as playground equipment for the park
which is scheduled to open in May, 1995. The Coalitinn will play
a leading role in raising funds for the recreation center.,
In 1992, the Department created the Citizen's Police Academy,
a ten week program designed to foster public understanding of the
Department's role and activities through education. Thus far,
ninety-two citizens have graduated and an Alumni Association has
been formed. Recently, Association members were used to create
guidelines for a Citizen's Advisory Committee. It is anticipated
that this organization will become a valuable source of volunteers
and funds.
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COMMUNITY POLICING STRATEGY
6, Describe how you plan to retain the new officers following the 7.~C~pgg'
end of federal grant support.
The City of Denton has approved the acquis''Jon of these
officers and is dedicated to retaining them after the grant period.
The city's portion of this grant package is 25% of the total
funding with an increase of 25% in each subsequent year and totals
$95,951 more than required. These expenditures and those incurred
after the grant period will be absorbed into the General Fund. i
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COl4{UNIT'~ POLICING STRATEGY
7. Describe the impact that increasing the number of officnrs in z e3
your department will have on other criminal justice agencies in the
jurisdiction.
This funding will enabl.o the Department to assign an officer
to each community office and create another office targeting the
business community. As these officers interact with the community,
they will identify problems and engage in a problem solving process
with citizens.
Th?.s problem solving process will involve other criminal
justice agencies at two levels. During the initial stages of
strategy development, officers will collaborate with prosecutors to
determine legal options that may be used to combat a problem. The
most appropriate solution may, indeed, involve strict enforcement
action in order to gain compliance. For example, alcohol
violations in a park may require a "no tolerance" policy that
mandates enforcement action be taken. In these situations other
criminal justice agencies may experience a significant increase in
the number of criminal cases filed.
However, when used appropriately, this type of solution has
been extremely successful in gaining compliance and solving a
problem in a relatively short period of time. The resolution of
the problem not only reduces the number of calls for service to
this Department regarding a particular situation, but eliminates
related cases referred to other agencies. Therefore, the long-term
affect will be an actual reduction in work for other criminal
justice agencies.
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COMMUNITY POLICING STRATEGY
8. Describe any additional factors for consideration. C~3
The Denton Police Department's employment practices are
regulated by state civil service law as outlined in the T,.,:as Local
Government Code. These regulations preclude the Department from
arbitrarily hiring involuntarily separated members of the military.
The Department's yearly cash matches exceed the minimum
required by a total of $95,951 or $31,984 per officer.
In 19880 the Department saw an opportunity to utilize
community policing to improve the quality of lifter for the citizens
of Denton, long before community policing was an accepted
philosuphy or government funds like these were available. Thus
far, the Denton Police Department has proven itself to be a model
for other agencies and has received many inquiries regarding its
implementation of this philosophy. For example, in 1992, the
Department received the National League of Cities' Award of
Excellence for "Improving Service Delivery through community
Collaboration." The Australian State Police and Lee's Summit,
Missouri, Police Department, are but two agencies that have sent
representatives to gather information and observe the Department's
operation. The Department's bicycle unit is known throughout the
world as a sterling example of an alternative patrol method that
facilitates communication between police officers and citizens.
The Denton Police Department has made great strides in its
mission of positively impacting the quality of life throughout the
community by forming practical partnerships with its citizens.
However, the organization recognizes that, in order to more fully
actualize itca goals, it must expand its efforts. The funding
provided by this grant will enable the Department, to do just that,
by dedicating three officers to the task of organizing and
mobilizing the community in an effective problem solving process
that will result in strategies to address crime, fear of crime, and
neighborhood decay.
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CITY COUNCIL ~ . .
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Agenda H -
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CITY of DENTON# TEXAS MUNICIPAL BULL DING o DENTON, TEXAS 76201 # TFL EPHONE (817) 566.8307_
Office of the City Manager
MEMORANDUM
TOt Lloyd V. Harrell, City Manager
FROMI Rick Svehla, Deputy City Manager
DATEt February 16, 1995
SUBJBCTi Resolution from the North Central 'texas Ccuncil of
Governments Regarding Support of an Appointment of a
Texas Highway Commission Member from North Texas
At the February 90i meeting of the R_.,gional Transportation Committee
at COG, the Committee voted tr ask the Governor to appoint a new
Texas Highway Commission member from North Texas. The Committee
also discussed trying to get the jurisdictions represented by our
COG to supply supporting resolutions, Jack Miller received the
resolution this week, and therefore, we have placed it on the
agenda for Council's consideration.
of course, having a member on the Highway Commission from North
Texas would be very positive for this region, and certainly, we
think it would be a benefit to the city. Therefore, staff would
recommend approval.
If you or the Council has questions, I would be happy to try and
answer them for you.
•
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Deputy City Manager
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"Dedleafed to Quality Sers4ce"
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Ee\WFDO:S\RES\TRANSPOR.COM
RESOLUTION NO. Z 0 3
A RESOLUTION AU'T'HORIZING SUPPORT FOR APPOINTMENT OF A REPRESENTA-
TIVE FROM NORTH CENTRAL TEXAS TO THE TEXAS TRANSPORTATION COMMIS-
SION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Texas Transportation Commission is the governing
body for the expenditure of federal and state highway transporta-
tion funds in the State; and
WHEREAS, a vacancy currently exists on the Texas Transporta-
tion Commission; and
WHEREAS, the North Central Texas region has not been repre-
sented on the Texas Transportation Commission since 1991; and
WHEREAS, the Dallas--Fort worth region represents 4.2 million
people; leads the State and nation in economic development and job
creation; and has the largest share of transportation needs in
Texas, requiring a Commissioner responsive to those transportation
needs; and
WHEREAS, transportation projects in the Dallas-Fort Worth
region have historically been underfunded relative to the other
urban areas in Texas; and
WHEREAS, the Regional Transportation council, the regional
transportation policy body of North Central Texas, comprised
primarily of local elected officials, has requested local govern-
ments in the region to take a position supporting the appointment
of a representative to the Texas Transportation Commission from the
North Central T^-<as area; NOW, THEREFORE,
THE. COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION ly That the City of Dnnton, in cooperation. with the
Regional Transportation Council, and ether cities and counties in
• the North Central Texas region, strongly recommend that Governor
George Bush appoint a representative to the Texas Transportation
Commission from the North Central Texas region.
5LCTION iI~ That this resolution will be transmitted to
Governor Bush immediately upon its adoption.
SEQTIQN ILI, That this resolution shall become effective • •
S immediately upon ite passage and approval.
PASSED AND APPROVED this the _ day of _ 1995.
SOB CASTLEBERRY, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
By: X. •
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Agenda ltelr e
DA:-February 21, 1996
CITY COUNCIL R~ORT
~ orb 2
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: APPOINTMENT OF JUVENILE CRIME INTERAGENCY COALITION MEMBERS
i
REQO_MMMENDATION: Staff reconlmands that the City Council continue the process of appointing
Juvenile Crime Interagency Coalition members.
SUMMARY: On February 7, 1996, the City Council approved a motion which added the
j individuals identified in the attachment to the Juvenile Crime Interagency Coalition. In addition,
the City Council also appointed Council Member Margaret Smith as the Chairr9rson of the
Coalition.
We are stir waiting for a few organizations to supply us with the name of their representatives
(Le., Denton Chamber of Commerce, Concerned Parents Organization, LULAC, and two DISD
student body members). Of the seven remaining members to be appointed to the Coalition, the
City Council will have to select two directly. Both of the individuals will be at-large
representatives.
It is our intent tc continue to place this Item on your agenda until all the Coalition members are
approved.
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 Coalitlun. These areas will have representatives serving on the
Coalition and they will be impacted by Its recommendations.
FIS AL IMPACT: NONE
Respect ly submitted:
a J
Lloyd V. Harrell
City Manager
• Prepared by:
Henan 1. Jol( ,elso4 um 1 loPpnelrorn
Approved by:
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JUVENILE CRIME INTERAGENCY COALITION a.. 67 G)
` A R+~grt~+Vit., ~r+lrrii~thnh Z
DISO's PTA Lucille Chapman
Denton Chamber of Commerce
Local Civic Group Margaret Smith*
Denton County Darlene Whitten
DISD Larry Mankoff
Municipal Judge's Office Sandra White !
Finance Department Harlan Jefferson Ilk
Legal Department Stephanie Berry
Police Department Lloyd Sums
CommunitySased Organization Elizabeth Garrett
Concerned Parents Organization
NAACP Carl Williams
LULAC
Denton County Juvenills Probation
Department Peggy Fox
Denton County Bar Association John Holland"
DISD Student Body
Ryan High School
Denton West High School Eric Hill obert Were
Calhoun Middle School
• Strickland Middle School Matthew Imrle Michael Vance
Fred Moore Learning Center Mandy Gloria**
At-Large Representatives _
Birdell Carstarphen
' • Tpl5 pnlpnllBl CoNgan nMnlbpl has nol 6enn approved by the CNy C%NKM
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MY of DENTON, TEXAS _ MUNICIPAL BUILDING / C NTON, TEXAS 762011 TELEPHUNE (817) 5664"
Office of the City Secretary
MEMORANDUM
E
DATE: February 16, 1995
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a list of the vacancies for the City's
Boards/Commissions:
Charlye Heggins has resigned from the Keep Denton Beautiful Board.
This is a nomination for Council Member Chew.
Betty Duncan has resigned from the Traffic Safety Commission. This
is a nomiation for Council Member Miller.
If you need ,y to ar informe plea a let me know.
Je far W tare
Cc Secr ary
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13000 Stonebridge Road, Argyle, Texas 76226
14 February 1995
1
Harry Persaud, Senior Planner
City of Denton
Municipal Building IIANDOUT TO COUNCIL 2.21-96
215 E. McKinney
Denton, Texas 76201
Dear Mr. Persaud:
Thank you for your letter of February 10 telling us of the Town of
Bartonville's request to the City of Denton to release a 23-acre tract of land In
Denton's ETJ, for giving us the date that the request will be addressed by the
Denton City Council, and for advising us of the fact that should this release
take place, the Stonebrldge neighborhood wilt no longer be in Denton's ETJ.
You may remember that In the summer of 1993 a similiar release was
requested by the city of Argyle & the Town of Bartonvilie. Council's consensus
then was that Denton should retain all areas In Its ETJ unless there are
compelling reasons to release land to other municipalities.
At that time, Mr. larry Leesley was owner/resident of the commercial
property In question. Joining us In our opposition to the release at that time
(although not then or now a resident of the area in question) was Mr. Tony
Riley. Since that time, Mr. Riley has purchased Mr. Leesley's convenience
store, and now he has petitioned Bartonville for annexation of the comm,rrclal
property, thus "onville's current approach to Denton.
However, nothing has happened In the intervening nincteer months to
change the opinion of the residents and landowners of the Stonebrtdge
neighborhood that remaining a part of Denton's El'J is in our best interest; we
are asking bat you recommend that Council does not relet.a_ the 23 acr ,
Bartonvil? means that we will no longer be In the city of Denton's E1 J.
it act a only landowner in %he current area of the 6TJ who wlshe
the char n is Riley. We hope you a-'ree that a non-resident's wish to 1
annexe' by at, °r municipality fo , commercial reasons is not a compel, r
reasor i relea. - this acreage. Please consider the wishes of the majority r
the r pie who actually live In this a when making your recommendat.c
Again, thvhk %,)u for letting us know that this issue is on the agend
ap, ov, •-v leration In doing so.
Sincerely,
ire Ted & Barbara Cough
817/455-2434
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TO: Harry H. Persaud, Senior Planner VIA FAX:
City of Denton 817-383-7290
FROM: Yvonne A. Jenkins, Mayor
City of Argyle
DATE: February 17, 1995
SUBJLCT: Denton's Extraterritorial Jurisdiction
Request by Town of Bartonville
At the February 14, 1995 Argyle City Council meeting, the
Council authorised me to respond to your memorandum of
February 8, 1995 relative to the request by the Town of
Bartonville to release a 23 acre tract of land from Denton's
ETJ.
The City of Argyle appreciates the opportunity to participate
in this process. Given the continuing history of this situa-
tion, the Council is interested in reaching a solution that
best benefits the long range plans for the City of Argyle.
The Council desires to evaluate this request in relationship
to our Land Use Plan, Thoroughfare plan and long range C1P
projects.
It is our understanding that the Town of Bartonville is
responding to a request from property owner, Tony Riley, to
have all or a portion of his property annexed into the Town
of Bartonville. It is also our understanding that the City
of Denton desires for the Town of Bartonville and the City of
Argyle to agree upon the distribution of the remainder of the
land involved to the ETJ on one or both of the entities and
that this distribution. This would be accomplished by a
binding apportionment agreement between the three entities
and probably with the ongoing opposition from the residents
of the Stonabridge neighborhood.
•
The council has authorized our City Planner and Planning and
Zoning Commission to revie~d and evaluate this request at
their March 7, 1995 meeting and prepare a recommendation for
the City Council to consider at their March 14, 1995 meeting.
The City of Argyle will advise you of their decision follow-
ing the meeting.
• •
Again, thank you for the opportunity to participate ■nd for
the continued leadership provided by the City of Denton and
staff relative to this situation.
TOTAL P.01
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Lacs, Officer of
JOHN EDIVARD RAPIER, P. C.
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P. 0. Box 750
Allen, Texas 75002-07SO J
John Rapier Telephone 214727.9904 PflytScal AJdrcv
James W. SPilsen Texts Wn1s:8DO131.7126 IDO E. Belmont
Kay Drescher, Office 8lanagef Facsimile: 2147271651 Allen, Texas 75002
v
February 21, 1995
The Honorable Bob Castleberry, Mayor
215 East McKinney Street i
Denton, Texas 76201 1
RE; Release of Riley Acreage from Denton's ETJ.
Dear Mayor Castleberry;
The Town of Bartonville wishes to express its thanks for your consideration regarding the
release of Tony Riley's (the "Riley Acreage") property from Denton's ETJ, The town truly hopes
to welcome Mr. Riley into the Batonville community, I am writing this letter in order to suggest
a means by which Mr. Riley may be allowed to request annexation by the Town of Bartonville
while recognizing the desire of the Sloneridge Area residents to remain within Denton's ETJ,
As you are aware, the northeast corner of the Riley Acreage lies at the intersection of FM
407 and FM 1830, From this ,:omer going south approximately 300 to 500 feet, the Riley
acreage provides the necessary contiguous property for Denton to maintain the Stoneridge .Area
within its ETJ (please sea snap attached as Exhibit "A"). The key to preserving the Stoneridge
Area's contiguousness with Denton, so as to maintain it within Denton's ETJ, can be found along
FM 407, The City of Argyle ties along the north side of FM 407, According to the Denton City
Staff, Argyle's boundary only extends across the northern half of FM 407. Therefore the southern
half of FM 407, lying south of Argyle's boundary and north of the Riley Acreage, can be used
as an "ETJ strip corridor" to maintain Denton's contiguousness with the Stoneridge Area.
•
We suggest that an agreement be executed between the Town of Bartonville and the City
of Denton in order to accomplish the above solution. The Municlpal Annexation Act, Tex, Rev.
Civ. So,. art. 970a (Vernon 1963) (repealed 1987) now Chapters 42 and 43 of the Texas Local
Ouverrunent Code, provides that adjacentcides may accomplish mutually agreeable adjustments
in their boundaries of areas that are less than five hundred feet (500') in width, Further, our
o research stows that adja.ent cities may also enter into similar agreements with respect to their
ETJ's. City o,-The Cd1r,ny v. City of Frisco, 686 S. W.2d 379, 382 (Tex,App-Fort Worth 1985,
9ARTONVILM DEN'I1)N BTJ• Page I w r y
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writ refd n,r.e.). Therefore, our respective municipalities can reach an agreement satisfying the
concerns of all involved parties.
Thank you again for your consideration. I will be in attendance at your workshop to be
held on the 21st of February, 1995, If you should have any questions or comments.
Respectfully submitted,
Law Offices of
JOHN EDWARD RAPIER, P.C.
es W. Wilson,
ssistant Town Attorney,
own of Bartonville
JWW
• cc: Denton City Council
Bartonville Town Council
BARTON MLB: DENTON BTJ- Pogo 2
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p ,~1~pFW 1efrU 214.4,34.8224
. AX ~j Houston 713.688.1909
LIGHTNING W
122 LEESLEV LANE )New Orleans 504.464.8800
ARGvLE, TEXAS 762,26 Son Antor, 0 210.657.0400
TECHNOLOGY, INC. FAX 817-455.2817 Toll +e 800.9547933
February 21, 19?5
T0; Mayor Bob Castleberry and the Denton City Council
REFERENCE: 23 Acres of property owned by Tony A. Riley
SUBJECT: City of Denton releasing their extraterritorial jurisdiction
Dear Mayor Castleberry and Members of the Denton City Council;
As you are aware, the City of Bartonville has requested the City of Denton to
release approximately 23 acres of extraterritorial jurisdiction. The property in
question belongs to me, Tony A. Riley. The purpose of this letter is to:
1. Establish my credibility
2. Focus on the issue
3, Dispel the rumors
4. Explain the diffew.tce in the equation since the Denton Council last
considered the ls.ae.
1 am a lifelong resident o° r' iton and Denton C, inty. I own nur A ',us pieces of
property inside the Deng, city limits. I works for the City of Dt, on for eight
years as a police office My tenure included i. years in Patrc ne year in
Identification, four years i . Criminal Investigatic nd one year it inistration.
I resigned from the Denton Police Department to help my establish
themselves in the bLJlness world. I am responsible for the City Denton being
removed from the r,t . mire at the Denton Munlcl^°' Airport, ansformed the
Fix Based Opera I, from a low rent, dirty L, dh ;n constantly
embarrassed the _ of Denton into a facllity that rriti city is now proud to
promote. I wouir amiss not to mention Jim Huff and his help with the FBO at
t+ the airport. Hov vtir, I am the person who sol.cited Jim as my partner to change • •
the embarrassr nt Into a respectable operation,
LIGHTMNG RODS • GROUNDING COMPONENTS 1
TRANSIENT VOLTAGE SURGE SUPPRESSION
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The issue before us now is similar to the Denton Airport, I want the City of
Bartonville to annex my land in order that the convenience store located at tho
intersection of FM 1830 and FM 407 can be a clean, viable operation without
subsidies from my other business that is located next door.
Approximately four years ago, my sons and I moved our business rrom Dallas to
near the intersection of FM 1830 and FM 407, Denton County. We remodeled
an unoccupied building that was fast becoming an :eyesore. We not only
maintain our property but the county property in front of our premises. We have
transformed an eyesore into a very attractive, clean operation. Recently,
because the convenience store next door was not of the caliber one would hold
with pride, we purchased the store. We have now transformed the store into
something most of the neighbors see as a clean neighborhood store, We have
had countless positive comments regarding appreciation of the improvements in
the store. However, the store is not a viable operation when It cannot sell all of
the products that other convenience stores sell. You can go north on FM 1830
or
south on FM 407, and the very next store in either direction sells beer and
wine, Without the ability to sell all products, I do not believe the store can reach
its full potential and maintain a livable wage for the four ladies that operate the
store. They presently work for hardly more than minimum wage. I have
promised them a livable wage if we can operate a clean, viable operation,
Obviously they are hoping you will understand and help our plight.
The issue before us, therefore, Is whether you will release your Jurisdiction to a
pieco of land that the owner wants to be in a municipality, and who is willing to
assume the responsibilities that go with inclusion. The important fact is that this
is a piece of land you have no future plans to protect or serve.
As you are most likely aware, some neighbors are concerned. I have met with
many residents. All support my efforts at the convenience store, but they do not
want to be included In the release of extraterritorial jurisdiction. The
overwhelming majority support my endeavor to add beer and wine to the store's
inventory. However, the rumors are running rampant that Barlonville and Argyle
are trying to annex everyone. You would not believe what some of the citizens
have been told regarding the treachery of Argyle and Bartonvllle. Argyle and
Bartonville are the villains. The truth is quite the contrary. I have found both
cities to be managed by nice, capable people, The rumors need to stop, and we
need to focus on the window of opportunity. Simply stated, either a small
business that furnishes jobs and payr, taxes can be helped, or we can join the
-or mongers and claim everyone is out to get the other person, I sincerely
jest that you obtain the true facts and dispel the rumors.
I ar i fully aware the Denton City Council considered this Issue recently,
However, the facts have changed since that time. The former owner of the
convenience store, Larry Leesley, was not contiguous with the City of Bartonville.
Therefore, he was forced to solicit the help of additional property owners. I have
maneuvered circumstances In order not to Impose on anyone. My request Is to
have my land released to Bartonville,
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Please understand, I any not some "fat cat" trying to gat rich selling beer and
wine. I am attempting to provide a neighborhood convenience store that to a
contributor to the neighborhood and which can also provide good jobs for several
deserving people.
Thank you for your conslderatlon. If we will explore avenues of cooperation, I
believe we can all feel good that the community as a whole has been served.
Respectfully
Ton
y A. Rl ~Ie Y
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HANDOUT TO COUNCIL 2-21-05
T-
$1,610,000
CITY OF DENTON, TEXAS
GENERAL OBLIGATION BLINDS, SERIES 1995
$2,000,000
CITY OF DENTON, TEXAS
CERTIFICATES OF OBLIGATION, SERIES 1995
The following ratings have been assigned:
MMIN'S INVESTORS SERVICE. INC. - "Al
STANDARD & POOR'S RATINGS GROUP - "AA-"
A Division of McGrew-Hill, Inc.
Sealed Bids Due Tuesday, February 21, 1995, at 7:00 PM, CST
•
FIRST SOU71MT COMPANY
1700 Pacific Avenue
Suite 500
Dallas, Texas 75201
- -
214'953-4000 800%678-3792 ~ Aix 214,1953-4050
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• ~ D.~lA~ih~'~'~~~t"aFt'r~i1P">t~~d,ll,:fit,~4`~"~.'~~~!~~~~~~~~;~~~lt~~<<..
m
TABLE OF CONTENTS
BID TABULATION FORM
COMPARABLE AND HISTORICAL
SALE INFORMATION
BOND BUYER'S INDEX..,
CREDIT REPORT
OFFICIAL STATEMENT S
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Prepared by:
~FV SOUIIWCOMPANY
TABULATION OF BIDS RECEIVED AT SALE OF
$1,610,000
CITY OF DENTON, TEXAS
GENERAL OBLIGATION BONDS, SERIES 1995
SELLING TUESDAY, FEBRUARY 21, 1995, AT 7:00 PK CST
TOTAL. NET EFFECTIVE
INTEREST LESS INTEREST INTEREST
ACCOUNT MANAGER COST PREMIUM COST RATE
'd Lta 4A,
'5. 9A
Co.
• • ,A`' r i .f ".}Ir }11 ti d ,~y lN-21{,` y
Prepared by:
~FIR5l~lIIMffi'f COIfPAIrY
TABULATION OF BIDS RECEIVED AT SALE OF
S2,000'"
CITY OF DENTON, TEXAS
CERTIFICATES OF OBLIGATIONS, SERIES 1995
SELLING TUESDAY, FEBRUARY 21, 1995, AT 7:00 PM, CST
TOTAL
NET EFFECTIVE
INTEREST LESS INTEREST INTEREST
ACCOUNT MANAGER COST PREMIUM COST RATE
Q. 9 o? 5
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NET BOND ISSUE'S
INTEREST BUYER'S AVERAGE
COMPARABLE SALE INFORMATION SALE DATE RATE €NDEX LIFE
$4,300,000 City of Rockwall General Obligation Bonds, Series 1995 2/6/95 5.897616% 6.40 13.345 Years
$2,400,000 Hunt County General Obligation Bonds, Series 1995 2113195 5,447201% 6,18 6.185 Years
$4,720,000 City of Coppell Combloation Tax and Revenue Certificates of Obligation, Series 1995 2/14/95 5,9244`4 6.18 11.868 Years
HISTORICAL. DENTON SALE INFORMATION
$3,220,000 City of Denton Certificates of Obligation, Series 1994 3/29/94 5.042638% 6,07 5.640 Yeats
$2,705,000 City of Denton Certificates of Obligation, Series 1993A 1112193 5.0928944% 5.43 10.389 Years
$13,315,000 City of Denton General Obligation Refunding Bonds, Series 1993A 6/8193 5,00303% 5.67 6.495 Yeah
• $2,975,000 City of Denton General Obligation Fonda, Series i993 3116/93 S.4403% 5.58 10,913 Years
,
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,bond Buyer's" Iadn of 20 MrrkiMl Sonde
Bests valaatJoa of Par Bari
The met Impaxtmt guWv as to whet the Municipal Bond Markel has done In one Ome peelod verve smaller is the 'Bold Buyer's' 20 Bond
I dex, Published on Thursday of each week, it Is the accepted guide of the Municipal Bond hduatry to determine trands and nmemensr of
intereat was In the market. To eonyruw the Index each week a poll Is taken of several large Invealmere banking haves oa dw 20 year peke
(expressed In terms of an Interval rate) of On outstanding bonds of eertaln mun kipalitks,
Nsa~ 1911s L2 1987 .14.01. 1444 1444. J99L JM 14U jft 14Ef
January 1 947 1.33 6.85 7.83 7.44 7.03 7.09 6.52 6,17 5.34 6166
2 9.60 9.04 6.70 7.83 7.40 7.03 7.15 6.40 6.19 5.31 6.53
3 9.51 8.10 6.63 7.61 7.29 7.14 7.10 6.56 6116 5.29 6.44
4 9.21 8.0$ 6.54 7.31 7.27 7.19 7.06 6.59 6.10 3.28 6.49
S 9,37 7.86 6156 7.00 6.65
February 1 9.52 7.73 6.57 7.49 7.29 7.24 6.96 6.71 6.04 5.25 6.40
2 9.64 7.62 6.67 7.40 7.38 7.20 6.81 6.74 5.97 5.36 6.18
3 9.71 7.44 6.62 7.55 7.54 7.16 6,97 6.75 5.85 5.42 6.18
4 9.71 6.98 6.59 132 7,35 7.27 7.01 6.74 5.60 5.58
5
March 1 9.75 6.11 6.34 7.47 736 7.25 7.06 6.71 5.41 5.94
2 9.76 6.89 6.61 7.67 7.32 7.23 7.06 6.76 5.58 5.81
3 942 7,34 6.68 7.75 7.52 7.32 7.13 6.79 5.71 5.14
4 9.75 7.21 6.79 7.69 7.72 7.31 7.14 6.77 5.71 5.92
3 7.90 M.6 7.33 6.07
April 1 9.63 7.15 6.93 740 7.56 7,33 7.06 6,73 5.16 6.34
2 9.39 7. 11 7.27 7181 7154 7.31 7.02 6.66 5,94 6.22
3 9.25 7.16 7.90 7.87 7.44 7.39 6.98 6.60 5.70 6.19
4 9.39 7.22 7.82 7.77 7.40 7.51 7.01 6.68 5.67 6.16
5 7.15 6.69 5.75
May I 9.37 1,33 7.86 7.84 7,36 7.54 6.93 6.64 5.71 6.11
2 9.11 736 7.82 7485 7.36 7.39 6.93 6.54 5.69 6.32
3 8.96 7.53 8,31 7.97 7.19 129 6.94 6.51 5.77 6.14
4 LIM 7.18 8.03 7.96 7.11 7.26 6.98 6,58 5.73 6,13
3 8.81 7.70 7.26 6.97
June 1 8.60 7.97 797 7,87 7.15 7.21 7.06 6,57 3.67 6.09
2 8.66 8.08 7.86 7.79 6.95 7.20 7.19 6.52 5.68 5.96
3 9.69 7,82 7.63 7.73 6.19 7.21 7.15 6.46 5.61 6.04
4 8.80 7.59 7.71 7.77 7.08 7.27 7.13 6.42 5.57 6.16
5 7.74 7.02 6.28
July 1 9.62 7.31 7.9 7.75 7.00 7.24 7.10 6.31 5.55 6.27
2 8.11 7.43 7.67 7.77 6492 7121 7.07 6.17 5.55 6.21
3 8.73 7.43 7.66 7.77 6.95 7.17 7.04 6.16 5.50 6.22
4 8.87 7.60 7.72 7.76 6.95 7.15 7.00 6.05 5.61 6.22
S 7.54 7.73 5.89 3.65
August 1 9.01 7.53 7486 7.69 6.96 7.01 699 6.06 5.61 6.16
2 9.02 7.33 7479 7.83 7.02 7.22 694 6.06 5.45 6.15
3 9.12 7.06 7.81 1.13 7.09 7.26 6.88 6.21 5.40 6,22
4 9.11 6.93 7.80 7.80 7.15 7.56 6.96 6,31 5135 6121
5 9.09 7,16 7.47 6.13
September 1 907 7,00 8105 7.76 7.1` 7.41 6,96 6.24 5135 6.16
2 9.26 7A5 8.38 7.67 7.16 7.35 611 6.16 3124 6.19
3 9.35 7.14 1.32 7.59 7.33 7,41 6.78 6.27 5.27 6.24
4 9.38 7.15 8.30 7.62 7.40 7.53 6.73 6.33 3.30 6437 i
3 7.64 5.30 6.43 11
Weber 1 9.33 7,19 8.53 7.53 7.27 7.41 6.64 6.27 5.30 6.30
2 9.25 7.06 8.66 7.52 1.19 7.56 6.66 6.29 5.20 6.44
3 9.12 1109 9.17 7145 7.19 7.41 6.61 6.34 5.20 6.49
4 1.95 7.11 1.72 1.36 7.22 7.43 6.73 6.53 5131 6,64
5 8.76 6.94 8.43 6.69 6162
e November 1 1.68 6.94 7.90 7.33 7.24 7.29 6.71 6.51 SAS 613
2 8,60 6.92 8.03 7A4 7.20 7.24 6.69 6.3E 5.46 6.%
3 8.37 6.78 7.91 7.50 7.12 7,15 6.7$ 6.28 3.46 7.06
4 8.51 6.74 7.% 738 7.06 7.13 6.71 6.26 S,49 7.03
5 7.04 1.01
December 1 8.54 6.17 7.90 7,66 7.00 7.06 6.80 6.29 5.46 6.90
2 1.42 6.94 8.10 7.68 6.99 7.03 6.71 6.22 5,33 LIM
3 8.38 6.92 8101 7,66 6.% 7.11 6.66 6.25 5136 6."
4 8.36 6.83 7.95 7.$7 6.97 7,14 6,58 6.19 5,34 6,70
5 7,96 7.50 6.17 5128 6.71
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Moody's Municipal
Daily Rating Recap
Denton, Texas Rating date: February 17, 1995
Moody's rating: All
$1,610,0(X1 Ocneral Obligation Bonds, Series 1995
$2,(x10,000 (-enificaic•s of Obligation, Series 1995
Sale: $3,610,000 indices, while trending closely with state norms, are
Date of Sale: I~cbruar-y 21 skewed somewhat negatively due to a large student
Type: Competitivc presence.
Security: General obligation, limited Last. Cettificales Satisfactorily Maintained Financial Operations
arc additionally secured by a limited pledge of surplus Iruttucial ulreralions have performed consistently well
net revenues the city's utility system. over time, and strong General Fund reserves are main-
Use of Proceeds: Fund proceeds will he used for tained. Sales tax, art important operating revenue, cotlurv
sued, drainage, and parks improvements. Certificate ties to surpass budgeted estimates, and is likely to grow
proceeds will be used to purchase land and equipment further suue implementing a voter approved one-half
related to the city's landfill operations. percent rate increase effective October 1994. The sales
Last Rating change: April IWO: A to A 1 tax increase enabled the city to reduce property tax talcs
the it Credit y's general oComment:bligatiogation rn debt iatiuns of baseLhe d oAln the ranting oil by 250.b tit fiscal 1995, Utilily transfers, which repre-
stinted 23% of revenues tit 1994, and we consistent with
follcowing: prior years levels, are based tin annual studies by a
Sizable and Diverse Tax Base consulting firm to determine cost allocation.
]'he city's wx base contuwcs to benefit front its location Manageable Debt Position, with Rapid Rate of
in the Dallas/Fort Worth Metoplex. A sluggish area Retifemenl
ccononny coupled with the recent loss of'I'mas Instnn•
mrnis (formerly the top taxpayer) contributed to recent Lkspllc slightly above average debt burden levels, debt
declines tin taxable values. However, valuations have position remains manageable e and payout d is rapid. The
city retains about $3.9 million of auffimbatiot, with
ctfoorts s, to attract erate newly fur fiscal 1995 due to swung city' additional borrowing planned in 1996. Officials expect
tireffed of two m majaj 'Ior s sttale area is ersialsoes, and to approach voters in late I W5 for additional bond
Jtc pres esethe nce presence
of res tine ence of the w key Federal Emergency er gcncy Man- authorization fcx landfill and other city purposes.
agcment Agency sites in the country. Socioeconomic
analyst: Matthew A, Jones
(212) 553-0037
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Moody 's municipal Credit Report
Denton, Texas March 23, 1994
Now Issue General Obllpatiom/Specie; Tax
scl1e: $1.2211SM CerilricAtes of 19Y4
Ckoe: For lids Much 29
Moody's raNnp: Al
credit cony O: Upper medium grade security oo die city's general Satlafactof4y Molntalned Flnanclal Operations
obligation debt Is provided by the loilo,viogcredit •FitmmciAl operatlom continue to be satisfactorily
chuACteristics: mahualned, with adequate levels of General Found
SVoble And Diverse Tax Rase reserves. Sales tax codlemlotts continua to surpass
■ The presence of A fairly sizable And dr erne tax btklgeled astmates. DCluCal voters authorized all
base which, despite cor>,sccutlvo tax base losses, addi dottal 112 percent sales tax for property Iax
cattimhes to derive benefits from ids location in tine riteroll back.'1he sales tat will go inuoeffert oil
Dallm'Fmt Worth Aletroplex, The sluggish Area October 1. 1994. The tax rate is expected to
economy coupled with die recent loss of 1'exAs decline by approximately 20%. Utility transfers,
Instruments (formerly the lop impayer) comribuie which represent approximately 23% ofrevenues,
to the current deelloes To taxable values. I lowever, are dare based on annual studies by a consulting
officiAlsespe4t vehtAdnRa to stAbllize and nuader• firm to determine alhxatlou. Oflieli is have stated
atefy hwreme for fiscal 199.5 wed ate making that they will uwnsfer tno more Lhan 60b of sys-
s[rrxrgel'forss to culntlmue to nnrAO thew busi• lem's net assets per annum,
tresses. Concerns About the performance of the Manag9able Debt PoSltlon, With Rapid Rate Of
economy continue to be somewhat mitigated by Rellrement
dre stabilizing presence of two major state undver• ■ Devoe nlodermely AboveaverAge. deft burden
sitm and the presence of are of the key Federal levels, debt position remains mahiageabha. Rata of
Flmergency Mhurapement Ageacy(FESLA) sites in amoruzallon 1sals0 rapid, with modest addidunwl
he, cotueny. Willi swe Socioeconomic nomnsindices. While Wend- borrowing pro(ected for various cApbal improve-
What closely with stat, Arc skewed some. unenta. City off iciais ue currently exAminbnµ var(•
swn udhatenu I1 preser ivclynce. due to the samuwhat slxab ouscapitAl improvement plum, ml expect to
approach voters later this yen for addltiowl bond
Authorizatar, Proceeds of the current issue, will
provide fuilds for equlpmau tot public safety
• purposes
key (clots: Debt Hurdew 5,4x6 Debt per Cmplta: $1,461
Payout. Ten Years: 79.7%
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2 General Ob1111901HOWSpeCid Tar MaICh 23, 19A4
Denton, Texas
1)irw Net Debt AS 11 0r Her Capin IruomeChmigo
6verall Net Debt: 37.74'0 1979.89: 6$.84'0
Gene::.! .lord RAlmlce As of Unemployment Rate, 12/93,
.I01Ai LWAIIng Revenue, t.'11y: 6.0%
1992: 14.7% SlAtc: 6.3%
1993: IB.OFn }}rpulatimOrmili
I999 SMILES of Revenue. 1980-94: 42.Sg,
Hroyerty'rm: 41,99'0 F.V. perCaplta, 1994: $27,160
oiles T'ranslero: 23.091,
S Average Annual Decline F.V.,
lxbtservtice .Ser oe as % of 18.8.0 1989.94: .2.89ir
1993Iteuls of Fxpendlture: 1612%
1989 per Capita himme At % oP.
SI ale: 9.3.I R.
updaN: Since ow last report dated November 9. 1993, tl" goent Increroe In General Fwd balmlce levels from
1993 resulm hldlcme an operating surplus In the Geo- 14.7% of total operating revenue to 18.0%,
cral Fund of approximately 511 million, And subse•
Rde info nWIlli n: Legal Nome of Iswer.- City of Ixntoo,'1'cxAS. Key Contacts
Date of Bondi April 1, 1994, Chief FlnanClal Officer; Lloyd V, HAtrell, City
Securlty: General obligation, limited tax Manager, (817) 566-82(10,
Advisor. FIrsl Southwest Contpmty, Dallm,
Use Of Proceeds: HurchASe of public safety (214) 953-4000.
equipment. Bond Counsel: MCCAII, HAtkhurst R; Iforioal
L.L.H., DAllas, (214) 2242800.
Auditor. Iwlo;- & Towhe, Pon Wurtlu (PY
199.3)(817) 347.3300,
rating NOM: April 1969: Al January 1941: A
June 1960: A January 1938: em
October 1947: km
*WdYN: Jukt I. Hindi
(212) 651.4424
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nu'vlauM,iuilwr4ihw he u,dwixd 6err rrurer WHrrM mho rrnrre wd ulW~le.I.re lw,rue e/du pwbl►ty efluwirrd urehr,4rl rotor, it rnareY a'troylwner~m
RuurMeel. hlmWr,r ,eon erydw,rwe«,wuunVd.>nrmIrya ren. wddKher<uvY4na,erreweed A uLLb&.JdM reiahM relelyuane (eemr In mjft" rar66'
nd you deuld mrk,ya,yoMna,dy wd rrrlrrulen of ry lrure wlnr rrn.iYr adeG oklbriur yen eaddnluyyx or relyrh. Mere lrrrw el<agwre6r,de,rrWc{pi yrdr ~„d
min, p Nm ul no.L, rd muuert4l pier wIJAi rr rind by hkedy r lnw ~e,r Se,vire, lne. irrr, pfn m na dKg er4y. yudm py •hr m hSeedy'e!r Wr rpedrl rd ntitq
raexrr.'llw lenw~a Gnu dLlAWml12S,UUlCep *4A a 1994 by bloody a brverm.Serrire, br. Pk11r *o ud ereewre *ekes r 99 Ctorh Srree, Mar 5'er! NY INar?
__.____.:.....r^+-Y"..,._...' . ~,.rr ..rr:.f~tifYNwlr.~urrr~i.. ~.o r'. ~ r1~{ ~f4 5}~i''~~{rr~t~,~~ ('n13 ~~1J$. ~~y,~F4~`H•~~ti}4lftp?,
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Garwal Ob1lflall m/Spec" Tat MaCh 23, 19% 3
Denton, 'fexa5
debt foctorc Debt Statement as of 03/23/94 ($000)
Amount
RINIded debt owsiAnding
OenerAl obligation debt x34,527
Reveauedebt 62,705
C'rurent offering (329x94) 3,220
Grom I/atded aiA gam direct debt $100,452
Lem:
Revenue debt 62,705
Net direct debt $37,747
Overlapping debt 62,307
overall net debt $100.054
Defaults: No record fowrd. r.
Debt "106 Rcte of Ret"Mant
Net Per % Medlan Prlnclpal Amount of
Debt Capita Median p F.V. _ 96 a Amounf Due (S000) Totd
Direct $ 151 $ 629 , 0 1.7 Lt 5 years $19.435 51,5
OverAll 1,461 1,217 5,4 3.2 Lt 10yti:ars 29,764 78,7
EJ 71:e t W 1 ardian far ~~N Alai tr,tutsoori Sa.u7a do 79.471. 1~
S1rUCfUle: Uradtwliy deao4ng requirements tluwgh currenllyAxxmining A new CApitAl ituProvente7rl Pro- i
final n7Aturity in 2014, grant, mid expecm to mefc additionAl voterAUthorl2A-
CIP/Future Borrowing: the city lia9 Approximately tion this yeAr,
$5,317,000 in auihorixed mimed In7ttds, The city
adfP ir*Ilrative Form of Government C naocll.n7AnAp.ec seven Public Fmployees, ApproxlmArely 910 full-time
factors: council members, hx:luding Um mAym. elected at employe". E3ligli leetnployms Or11clPAte In the
IArge to two-year dowsing terms. A city ntwwger Tex AS Municipal Redrement Sptem or the city-
Appointed tooverAee daily MIrI14011ration. administered rreman's Relief Arul Retirement PIAn.
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4 Ge►arat ObOgahon/Spedol Tat MCSCh 23, 1994
Denton, Texas
Properly Denton
vaktahonand Fiscal Assessed % Tax Rote/ levy Collected -
taxdaWr Year _ Valuaflon $000) Chan ye $1,000 A.V. ($000) Current Total
1987 $1,820,464 26.1 $5.90 $10.801 97.0 99,8
1988 2.0.10.295 12.6 5.93 12,192 96.3 98.9
1989 2,138,361 4.3 5.93 12,646 97.1 100.6
1") 2.139.002 0.0 6.18 11167 96.6 99.2
1991 4016A03 AS 6.55 13,718 97.3 98.8
1992 1;951,304 -4.2 6.85 11497 97.3 100.0
!991 In 1,912,818 -2.0 7.18 13,734 97.9 100.4
1994 0 1.8591596 -2.8 7.48 13,908 ID 95.4 @ 96.4
ri vud yw ,.U.c , d..O, Ftiwry 1. 1494.
41nnWx r yauaiiy rru W rd r Wi dna,i,weiu i rd lacer y, Seaar L.s<vue,u t.br a.
1904 NJ) Vxlumion: $1.859.1%.269 Average Annual Decline P.V., 1159.94: -2.8%
1994 P-qua!imlon Nate: I00.01,"e 1994 F. V. per Capita: $27,160
FY 1994
Lorgest Toxpayers(3 Business .4V ($000)
Ge ncral 't'elephone 'I elephone u ttll ty $37,609
Pe[er611VFx;ear Diesel trucks 36,672
'Petra Pak packing nuv6ul'acturer 34,567
Denton Reglolwl Medical Center Medical center 21,051
Andrew Cntpowil96 F.leeunu!c equipment 15,670
'1'e.tai Instrmueuai Hlccuoulc mmufactuter 14,893
Golden I*HMIgh: Dlall Shopping mall 11,453
JIM Texas i,Iedicwl, hu. hospital/professional building 12,550
1J Iop Ie 6a4wyerwranem to.7(ofw004 hlae,ai.
Municipal Sole6 Tax History
Total
Collected
Fiscal Year
($000) % Change
1985 $4.612 -
• 1956 4,475 .3.0
1987 4,429 -1.0
1988 4,646 4,9
1989 3029 8.2
1990 5,161 2.6
1991 5,141 3.5
1992 6,537 .6
• 1993 6,312 144.0
19N4 d 6.487 2.8 • •
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General ObNpallon/specld Taos March 23, IM 6
Denton, Texas
economic Population: Denton
laclors: Area Density % Change
Yeat_ Population (sq. ml,)_Spe sq. ml.) City State_ ~UUS
1970 39,874 28 1,445 48.5 16.9 1313
19,60 48.063 33 1.465 20.5 27.0 11.4
1990 60.270 45 1.479 37.9 19.4 9.9
1994m 68,467 45 1,521 1.6
S.e n.S. C.M Rn .mj far},ynwWri
Location: Appruxiuu nky 37 uillw t urd, of llailns
and Fort Worth.
Population and Houelng CharaoWafics: Denton
State U. S.
1980 1990 1990 1990
Population:
Mediae age 24.(~ 26.2 30.8 32.9
% school age 15,4 13.9 20.3 18.2
^u working age 70.4 71.6 61.4 61.7
mo65an(I over 85 8.1 10,1 12.6
No. persons,huiwhold 2.4 213 2,7 216
Income!
bled IMrAnItlyiuconte M).M0 $,35,444 531,553 $35,225
%below poverty level 14.1 20,7 18.1 13,1
ItrCapitaincome $7,247 $12,013 $12,904 $14,420
Housing:
40 owner occupied 46.1 39.1 609 64.2
9b built Irefnre 1939 915 611 7.1 18.4
SU built shoe Lai eerrsar 38.1 37.8 29.7 20,7
0«nxr occupied mediwt value $49,000 $77,30) 559.600 $79,100
Aledlaa gross rent $238 $423 $395 a t47
(kcupied housing twits 17,522 25,719
sm.r 0 s. r,a Bwa,.
• Pa CQpRa Income
X Change City as of
Year Income City State State U. S.
1979 $ 7.247 1595 t58,0 100.6 99,3
1987 10,735 48.1 47,8 100.8 90.0
19K9 12.013 65.9 79.1 93.1 83.3
• Snne. U.S. Cmnr &inw, ,
NU.wrY.. a-~~Wa'i~. r . W,w,~Yl.'.. c`'"r••{': Y wM'- I
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6 General owil Tan/Special Tax Mach 23, 1994
Denton, Texas
Labor Market ChorocteHsfics: Denton CBy
Labor Total `K Unemployed
Year Force Employnloni city State U.S.
1905 40.332 37.433 7.2 89 7.0
1987 44,601 41,201 7.6 9.4 6.0
1989 44.919 41,764 6.8 7.1 5.0
1989 44917 41.924 6.7 6.7 5.0
111X1 1W.833 41,949 6.4 6.2 5,0
1991 44.991 41,604 7.5 6,6 6.0
J992[D 38,242 35,357 7.S 7,5 7.0
J 2192 M 38,017 15,451 6.8 7.4 7.0
11/93 M 39,189 36.06 6.0 613 6.0
Anrw. ne~ulrrx of lnl.w, BuexwlLdrn Ln New.
rl Bur ye R ofru[mr Mu7Y1wk. Uww to rrernlily yrur,v.y m Iw. nridwenl.
tiJ ALvxtJy hu nv mw.o wily rtjur«f.
Largest Employers
Employees
Em lover Business 1994
1'nicersityul'Nonh7'cxas Educationl'ac:ility 3,526
IknionNtateSchr l School forharldicappcA 1,860
Iknlou Independent Sc'hadl Dislrici City schoeyl syglent 1,338
Texas Wommi's tioiyers(ly PAlucalion facility 1,200
Yelerbllt DleseI tracks 932
c'ily' of Downs Municipality 898
Benton Regional Medical Center Hosp(Talrhealth care 700
Victor Equipuleul Co. Weidi ig equipment 500
Ruingt"Ieciralic's Military etecuo)JIUS 500
HCA Dcmton Conlntunily llospital liospiluphealth care 450
SUY[<. U6M{~ w11VLt1Y.
flrx7r kg factors; Operating Funds Financial Performance (fiscal years ended 9/30 $000) ID
- % Change -
1991 1992 1993 1991.92 1992.93
Property lax Sl1.547 $14231 514.060 5.2 -1.4
• Saks tdx 5;143 5.537 o,'412 M, 14.0
Tumsfers 6,940 71679 7,709 10.6 0.4
All nliwr 5OR4 _ 4.624 5,481 42.7 18.5
Total revelule 331169 $32,118 531,502 1.1 4.4
Olv(dtin;experldilures 26,570 27,839 27.497 4.8 -1.2 1
lkbl seryke 4120 4,416 4,510 -8.4 2.1 'Capllul altlny 10 14,6 266 89.1 •23.1 i
'transfers out 241 201 159 •16.6 40.9
• 1'0wl extwk inlms 531.814 _$3_2802 512,41: 1.1 LI
U [~ml big s ug)l us l d01101 t1[0 1761 15041 1,152 - •
lil(3«inwl4d ikW Selwe PMr Wrdilud nenud ux•t}at olwn+Ybr-, 1.
UOmad H.d uJy.
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General ObNoalton/specwl Tmc Macti 23, )994 7
Denton, Texas
1993 Sources of Revenue `b 1993 hems of Expenditure
Fropeny tae 41.9 Atblie safety 41.3
Utility LnuWcrs 23.0 OenerAl govemntent 317
Sala LAX 18.8 Public works 153
Franchise rvrd service fees 4.8 FArks wal recreaiou 8.4
Finearrorfeitures 3.9 Debt avMce 16.2
General Fund Financial PosMon (heed yeah ended 9/30 $000)
_ 1991 1992 1993
Cash Andlnvemmems $5,456 58.111 $4,250
Operating loans
Odrer current 1labllides 1,859 S.03 1,076
1'ear•uudCash Surplus 53.597 $1958 $1,174
Receivables SLOTS $1,124 $2.057
Fwrd bAlAinx $4,674 $4,080 $5,232
UixICSiXU(Cd rand bAIAMC 3,757 1.075 4,277
Fund balance As % operm inp revenue 17.4 14.7 18.0
Lrudesipjuue(I t'wul bAlmity As 9b upeu.rbtN revenue 14.0 1 LI 14.7
General Fund Budgeted (Mscd year aided 9/30 $000)
1994
Revenues $291022
Expendlttues 29,549
Operating (deruch) ($527)
14782801 ■
i
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' DENTON, TEXAS SiPCeenett.'1(nW WOIV(212)PLV-1100,AkrfrWtgl?)208.1747
RATWUAtiSOM The ratings on Denim Texu'debtreflect astable and is above its goat of maintaining at least a
$1.01 MI. 0. 6f* M. economic base anchored by two large state uni- 30.45 day reaeve policy of unreserved funds.
fW.1 wm.aWha versifies; an improved assessed valuation (AV) Although property tax receipts accounted for
at rosy W base; a sound 6n4ficfai position; and a moderate about 40% of the total operating revenue in fiscal
RAT1NigrlFNWM debt burden, with "led future needs. 1994,the1495budgetwillhave amore diversified
VON wrarnrd Loalod approximately 33 mila north of the revenue stream because of the additional half-
Net M. Dallas-Fort Worth metropolitan site, Denton has cent sales tax. Furttwrmorv, the city will continue
617.gr" insstlms6edpoptilationof69XO.Theamecon• to capture revenuas from the universities
W" W AM Q~ STAN omy ha a large service sector employment base through utility transfer payments from Its enter.
ofhigheraduation,government,andretail posi- prise operations.AreduchonofabouI%MA0OIs
Hem. The University of North Texas, Texas anticipated in flan! 1495 as a result of onetime
Women's University, and Nerfh Cannel Texas apidl outlay expenditures, which will lower the .
College anus aborts 36,700 students and employ general fund balance u, approximately $3.6 mlt-
roughly 6,700 personnel, Moreover, Denton to lion.
School and Denton Independent School District OvmU net debt of the city is a manageable
have 3,5110 employees, The economic baserontin- $1,148perespitasnd414ofmarketvalue. Cam.
utstoW*adenwithsxparsfomofmanufacturing ling charges will Increase to a high of about Ik
bus4wom such as PACCAR UK, Petarbilt Mo- of epirating expenditures primarily from rapid
tore Co, Tetra Pak, and Hartzell Mfg. Befall ear- principal atnomzation, as row 1 y 76% will be
e oyoymnt a further d SaIn tax ~~pts remain strong as retired In 10 years. Based on the 1993.1999 npitaI
pmeet of facilities such improve,arent pion, the city estimates SU,5 ynil•
as the Golden Triangle andOullefW11.AVro" lift efdpptttalnseds.ItisanNNpstedlhatapptoxb
5 216 u fiscal 1995 Io 51,97 b)))lest following taw rrutely (130 million-S2$ million will be requested
1 consecutive yews of dadining values. Muth of In a voter referendum in the near future.
the growth was the result of new residential con.
suction as well as c'omnwWl and lydusbW QUfi001f; STrigJ The outlook reflam contin-
expansiont. ued stability in the eeonon+lc base and mainte-
The city's reseal 1494 flnsocial position 1s eourd tunes of eousd financial operations.
at56.2m ,or21.4%ofcu entexpendltures,
A92 1M41NAMM 41 VObNt tt~s1lY~! AIr11N41r man"" !te I N/
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CITY OF DENTON, TEXAS
(Denton County)
$1,610,000
GENERAL OBLIGATION BONDS, SERIFS 1995
AND
i
$2,000,000
CERTIFICATES OF OBLIGA'T'ION, SERIES 1995
•
• Sealed Bids Due Tuesday, February 21, 1995, • •
at 7:00 PM, CST
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DENTON
■
Fort Worth■ ■Dallaa
1 Paso
*
Austin Houston
■
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San Antonio
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NOTICE OF SALE
AND
BIDDING INSTRUCTIONS
ON
51,610,000
CITY OF DENTON, TEXAS
(Denton County)
GFNERAL OBLIGATION BONDS, SERIES 1995
Sealed Bids Due Tuesday, February 21, 1995, of 7:00 FM, CST
THE SALE
Bundy Offered for Sole at Competitive Bidding
'fhe City of Denton, Texas (tho "Lily") is offering for Role its 51,610,000 General Obligation Bonds, Series 1995 (the "Bunds"). e
Address of Bids
Scaled bids, plainly marked "Bid for Bends", should he addressed to "Mayor and City Council, City of Denton, Texas", and
delive,od to the City Manager at City HaR, 215 E. McKinney, Denton, Texas, prior to 7:00 PM, CST, on the date of the bid
opening. All hide must he submitted on the Official Bid Form, without alteration or havrlineation.
Place and 'rime of Bid Opening
The bids for the Bonds will be publicly opened and read in the City Council Chambers, of the City Hall at 7;00 PM, CST,
Tuesday, February 21, 1995.
Award of the Bonds
'fhe City Council will take action to award the Bonds (o: reject all rids) at a meeting scheduled to convene at 7:00 PM, CST,
on the date of the bid opening, and adopt an ordinance authori2ing the Bonds and approving the Official Statement (the
"Ordinance").
THE BONDS
Description
't'he Bonds will he dated February 15, 1995 (the "Bond pate"), and interest w16 he due on February 15, 1996, and each
August 15 and February 15 thereafter unti) the earlier of maturity or prior redemption. The Bonds will be issued only In fully
registered form in any integral multiple of 53,0001 r any note maturity, no Bonds will mature on February 15 in each year
as follows;
MATURITY SCHEDULE
Principal principal Princi i
Year m nt fnt
1997 S 80,000
200'03 S 880 000 2 2010 X
1998 80,000 10 0 $ 90,0000
00
1999 80,000 2002005 80,000 2011 90,000
5 80,000 2012 90,000
2000 80,0w 2006 801000 2013 90,000
2001 80,000 2007 90,000
2002 80,000 2014 90,000 t
2008 90,000 2015 90,000
e 2009 90,000 r
Balk-Entry-Only System
The City intends to utilize the Book.Entry-Only System of The Depository Trust Company ("DTC"). ,gee 'Bond
Information - Book-Entry-Only System" in the Official Statement
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Redemption
The City reserves the right, at its option, to redeem floods having stated maturities on and after February 11, 2006, in whole
or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2W5, or any date thereafter, at the
par value thereof plus nevi-tied interest to the date fixed Litt redemption.
i
Preying Agent/Registrar
i
'I'hc initial Paying AgenllRcgistrar shall he NationsBank of Texas, N,A., Dallas, 'T'exas (see "Bond Information - Paying i.
AgenllRegish'ar" in the Official Statement),
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Source (if Payment
The Bonds are direct and voted general obligations of the City of Denton, Texas, payable out of the receipts from an ad valorem 1
tax levied, within rho limits prescribed by law, on all taxable property located within the City, as provided in the Ordinance. }
Further details regarding the Bonds are sel forth in the Official Statement. ,
CONDITIONS OF THE SALE
'type of Bids and Intrust Rates
r
'rhe Bonds will he sold in one Wock on an "All or None" basis, and at a puke of not less than their par value plus accrued
interest from the dale of the Bonds to the dale of delivery of the Bonds. Bidders are invited to name the rate(s) of interest (to
he horse by the Bonds, provided that each rate bid must be in a multiply of t18 of I % or 1120 of I % and the net effective
inlerest rate must not exceed 15%. The hikhest rate hid may not exceed the lowest rate bid by more than 3% in rate. No
limitation is imposed upon bidders as to the number of rates or changes which may be used. All Bonds of one maturity must
hear one and the same rate, No kids involving supplemental inlerest rates will he considered. Each bin -r shall stale in the
bid the total interest cost in dollars and the effective interest rate determined therchy (calculated in the manner prescribed by
Article 7171:-2, VATCS), which shall he considered informative only and not as a part of the hid.
Busis for Award
For the purpose of awarding the sale of the Bonds, the inlet ist cost of each bid will he computed by determining, at the rate
or rates specified therein. the total dollar cost of all interest nn the Bonds from the Bond Dale to their respe/,five maturities.
using the table of Band Years herein, and deducting therefrom the premium bid, if any (the "Net Interest Cost Calculation").
Subject to the City's right fit reject any or all bids and to waive any irregularities except finite of filing, the Bonds will he
awarded to the bidder of syndicate account manager whose name first appears on the Official Bid Form (the "Purchaser") whose
bid, haled on the Net Interest Cost Calculation, produces the lowest net effective interest cost In the City.
Gard Fuilh Deposit
A (rood T,aith Deposit, payable in the "City of Denton. Texas", in the amount of $32,200.00, is required, Such Goad Faith
Deposit shall he a bark cashier's check or certified check, which is to he retained um:ashed ay the City pending the Purchaser's
compliance with the terms of the bid and the Notice of Stile and Bidding Instructions. The Gnat Faith Deposit may accompany
the Official Bid Form or it may he submitted separately, If suhmitted separately, it shall be made available hr the City prior
it, the opening of the bids, and shall Ix accompanied by instructions from the hank on which drawn which authorize its use as
• a GovJ Faith Deposit by the Purchaser who shall be named in Such instructions. The Good Faith Deposit of the Purchaser
"III be returned to the Purchaser upon payment for the Bonds. No interest will be allowed on the Gael Faith Deposit, In
the event the Purchascr.ahuuld fail or refuse to take or and pay for the Bonds in accordancewith the bid, thou said check shall j
he :a.shed and accepted by the City as full and complete liquidaled domagas. The cheeks accompanying bids other then the
winning hid will he rchrrned immediately after the bids are opened, and an award of the Bonds has been trade.
DELIVERY OF THE BONDS AND ACCOMPANYING IO" UMENTS
• CLISIP Nusnher-s • •
It is anticipated that CLISIP identi5calioo numhers will appear on the Bonds, but neither the failure to print or type such number
tut any Bond nor any error with respect therein shall constitute cause for a ftibure or refusal by the Purchaser to accept delivery
of and pay for the Bonds in accordance with the terms of this Notice of Sale and Bidding Instructions and the terms of the 3
Official Bid Form, All expenses in relation hr the printing or typing of CLISIP numbers on the Bonds shall by paid by the (lily;
provided, however, dial the CUSIP Service Bureau charge for the assignment of the numlrers shall he the responsibility of std
shall be paid for by the Port hascr.
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Delivery of Bond
Initial Delivery will be accomplished by the issuancoof one Initial Do ad (also called the "Bond" or "Bonds'), either hi typed
or printed form, in the aggregate p. incipaI amount of S] ,610,000, payable In stated installments to the Purchaser, signed by the
Mayor and City Secretary, approved by the Attorney OcnereI. and registered and manually signed by the Comptroller of Public
Accounts. Upon delivery or the Initial Bond, it shall be Immediately cancelled and one definitive Bond for each maturity will
be registered and delivered only to Cede 8r Co. and deposited with DTC In connection with DTC's Book-Entry-only System.
Initial Delivery will be at the principal office of tho Paying Agent/Registrar. Payment for the Bonds must be made In
immediately available funds for unconditional credi: to the City, or as otherwise directed by the Cily. The Purchaaerwill be
given six business days' notice of the time fixed for delivery of the Bonds. it is anticipated that delivery of the Bond(s) can be
made on or about March 28, 1995, and it is understand and agreed that the Purchaser will accept delivery and make payment
for the Bends by 10:00 AM, CST, on March 28, 1995, or thereafter on the data the Bond is tendered for delivery, up to and
including April 11, 1995. If for soy reason the City is unable to make delivery on or before April 11, 1995, the City shall
immediately cnntnct the Purchaser and offer to a!!ow the Nuchaser to extend its offer for an addilloriA thirty days. If the
Purchascrdocs not elect to extend its offer within six days [hereafter, then its Oood Faith Deposit will be returned, and both
the City and the Purchaser shall be relieved of any funherobligation. In no event shall the City be liable for any damages by
reason of its failure its deliver the Bonds, provided such ,'allure is doe to circumstances beyond the City's reasonable control,
Conditions to Delivery
The obligation of the Purchaser to take up and pay for the Bonds is subject to the Purchaser's receipt of (a) the legal opinion
of McCall, Psrkburst A Norton L.L.P., Dallas, Texas, Bond Counsel for the City ("Bond Counsel'), (b) the no-litigation
certificate, and (c) the certification as to the Official Statement, all as furtlier described in the Official Statement.
In order to provide the City with information required to enable it to comply with certain conditions of the Internal Revenue
Code of 1986 relating to the exemption of interest on the Bonds from the gross income of their owners, the Purchaser will be
required to complete, execute, and deliver to the City (on or before the (th business day prior to the delivery of the Bonds) a 0
certification as to their "issue price" substantially in the form and to the effect attached hereto or ccompanying this Notice of
Sale and Bidding Instructions. In the event the successful bidder wit] not reoffer the Bonds for sale, such certificate may be
modified in a manner approved by the City. In no event will the City fail to deliver the Bonds as a result of the Initial
Purchaser's Inability to sell a substantial amount of the Bonds at a parlkuler price prior to delivery. Each bidder, by
submitting its bid, agrees to complete, execute, and deliver such a certificate by the dale of delivery of the Bonds, if its bid is
accepted by the City. It will be the responsibility of the Purehaser to Institute such syndicate reporting rcqulrements to make
such invest igution. or otherwise to aael rtain the facts necessary to enable it to make such certification with reasonable ccruinty.
Any questions concerning such certification should be directed to Bond Counsel
Legal Opinions
The Bonds are offered when, as and if issued, subject to the approval of the Attorney General of the Soto of Texas. Delivery
of and payment for the Bonds is subject to the receipt by the Purchaser of opinions of Bond Counsel, to the effect that the Bonds
are valid and binding obligations of the City and that the interest on the Bonds will be excludable from gross Income for federal
incomctsx purposes underexisting law, subject to the mattersdescribeduader"Tax Matters" in the Offieul S[utemenl, Including
the alternative minimum lax on corporations.
• Certification of Official Matenueril
At the time of paymcnl for and Initial Delivery of the Bonds, the City will execute and deliver to the purchasers certificate in
the form set forth in the Official Statement.
"hange In Tax Exempt Sulus
r At any time before the Bonds are tendered for delivery, the Purchaser may withdraw its bid if the Interest received by private
• holders on bonds of the same type and character shall he declared to be taxable Income under present federal income sex laws, • •
either by ruling of the Internal RcvenLw Service or by a decision of any Federal court, or shall be declared taxable or he required
to be taken into account in computing any federal Income taxes, by the terms of any federal income tax law enacted subsequent
to the date of this Notice of Sole and Bidding Instructions.
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GENERAL.
Financial Advisor
First Southwest Company is employed as financial Advisor to the City in connection with the issuance of the Bonds. The
Financial Advisor's fee for services rendered with respect to the sale of the Bonds is contingent upon the i.ssuartee and delivery
of the Bonds, First Southwest Company may submit a hid for the Bonds, either independently or as a member of a syndicate
organized to submit a bid for the Bonds. First Southwest Company, in its capacity as Finataviaf Advisor, has relied on the
opinion of Bond Counsel and has not verified and does net assume any responsibility for the information, covenants and
presentations contained in any of the legal documents with respect to the federal income tax status of the Bonds, or the possible
impact of any present, pending or future actions taken by any legislative orjudicial bodies, Ip the normal coo se o b-0in
the Financial AdvisorryAfrom time I,y~ime sell investmem securities s lhu Ciq~_ a tflg investment of hand proceeds ar other
funds of the City upon the rcauest of the CiW
Blur' Sky Laws
By nuhm;uion of its bid, the Purchaser represents that the sale of the Bands in states other than 'T'exas will he made only
pursuant to -xemption.s from registration or, where necessary, the Purchaser will register the Bonds in accordance with the '
securities taw of the states in which the Bonds are offered or sold. The City agrees to cooperate with the Purchaser, at the
Purohascr's wns:'~n request and expense, in registering the Bonds or obtaining an exemption from registration in any state where
such action is nece. nary, provided, however, that the City shall not be obligated to execute a general or special consent Co service
of process in any su~!,jorindictien.
Not un Offer to Sell
This Notice of Sale and Bidding Instructions does not alone constitule an m cr to sdl the Bonds, but is merely notice of the sale s
of the Bonds. The offer to sell (he Bands is being made by means of the Notice of Sale and Bidding Instructions, the Official
Bid Form and the Official Statement, Prospective purchasers are urged to carefully examine the Official Statcmenl fu determine
the investment quadily of the Bonds,
Issuance of Additional Debt
The ('at), dons not anticipate the issuance of additional debt within the next twelve-month period, y
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The presently outstanding tax supported debt of the City is rated "A I" by Moody's Investors Service, Inc. ("Moody's") and
"AA-" by Sundard & Poor's Ratings Group, a division of McCraw-Ifill ("S&P"). The City also has four issues outstanding j
which are rated "Asa" by hf,wdy's and "AAA" by S&P through insurance by various commercial insurance companies.
Applications for contract ratings on this issue have been made to both Moody's and S&P. The results of their determinations
will he provided as soon as possible.
Municipal Bond Insurance
In the event the Bonds are qualified for municipal bond insurance, and the Purchaser desires to purvhase such insurance, the
cost therefor will be nald-hi thg~ ha r Any fees to he paid to the rating agencies as a result of said insurance will he r
p_all;Lny The Cifv, It will he the responsibility of the Purchaser to disclo.w the existence of insurance, its terms and the effect
thereof with respect to the reoffering of the Bonds.
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The Offirfal Slutement and Compliance with SEC Rule M242
The 00 has prepared the accompanying Official Statement and, for the limited purpose of complying with SBC Rule 15c2.12,
(kerns such Official Slatemenl to he final as of its date within the meaning of such Rule for the purpose of review prior to
bidding. Representalions made and to he made by the City concerning the absence of material misstatements and emissions in f
the Official Statement are addressed elsewhere in [his Notice of Sale and Bidding Instructions and in the Official Statement. I,
• • •
The City will furnish {o the Purchaser, or Purchasers, acting through a designated senior representative, in accordanec with
instructions received from the Purchaser(s), within seven (7) business days from the sale date an aggregate of 100 copies of the
Official Statement including a like number of copies of any Supplement(s) reflecting interest rates and other terms relating to
the initial reoffering of the Bonds. The cost of a reprinted Official Statement, if the Purchaser(s) shall so elect, aril the cost ! J
of any Official Slatenwitt in excess of the number specified shall he prepared and distributed at the cart of the Purchaser(s),
The Nrchaser(sl shall be responsible for providing in writing the initial reoffering prices and other terms, if any, to the
Financial Advisor by the close of the next business day after the award. Except as noted above, the City assumea no
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responsibility or obligation fnr the distribution or delivery of any copies
or reoffering of the subject securities of the Ofliciai Statement in connection with He offering
,
Addhkmal Copies of Natke, Bid Form and Statement
A limited number of additinnal copies of this Notice of Salo and Bidding instructions, the official Bid Porm and the Official
Statement, as Available over and above the normal mailing, may be obtained al the offices of First Southwest Company,
Investment Bankers, 1700 pacific Avenue, Suite 500, f.'allas, Texas 75201, rinancial Advisor to the City.
On the date of the sale, the City Council will, in the Ordinance authorizing the issuance of the Bonds, confirm its approval of
the form and content or the Official Statement, and any addenda, supplement or amendment Hereto, and authorize its use in the
reoffering of the Bonds by the Punhaser.
BOB CASTLEBERRY
Mayor
City of Denwn, Texas
ATTEST;
JENNIFER X. WALTERS
City Secretary
February 7, 1995
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BOND YEARS
Bonds Accumulated Bonds
MAturtn9 Amount Bond Years _ Bond Yeats Maturing
1997 f 80,000 160.000 160.000 1997
1999 80,000 240.000 400.000 1998
1999 80,000 320.000 720.000 1999
2000 80,000 400.000 1,120.000 2000
2001 80,000 480.000 1,600.000 2001
2002 80,000 560.000 2,160.000 2002
2003 80,000 640.000 2,600.000 2003
2004 80,000 720.000 3,520.000 2004
2005 80,000 800.000 4,320.000 2005
2006 80,000 880.000 5,200.000 2006
2007 90,000 1,080.000 6,280.000 2007
2008 90 000 1,170.000 7,450,000 2008
2009 90,000 1,260.000 81710.000 2009
2010 90,000 1,350.000 10,060.000 2010
2011 90,000 1,440.000 11,500.000 2011
2012 90,000 1,530.000 13,030.000 2012
2013 90,000 11620.000 14,650.000 2013
2014 90,000 1,710.000 16,360,000 2014
2015 90,000 1,800,000 18,160.000 2015
Average Maturity .................................11.280 Years
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^""~""4"~" - ~ ~ +r wrwritlYN41Tt..~K'~•; r l , ~ f [ l s~ SYY ~
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OFFICIAL. BID FORM
' Honorable Mayor and City Council February 21, 1995
City of Denton, Texas
t Menslmn of the City Council:
Reference is madeto your Oftielol Stalenieni and Notice of Sole end Bidding Instructions, dated February 2, 1995of 31,610,000CIT3' OF DEN'TON,
TEXAS GENERAL OBLIGATION BONDS, SERIES 1995, both of which constitute a part hereof,
For your legally issued Bonds, a, described in said Notice of Sale and Bidding instructions and Official Statement, we will pay you par Aid accrued
inlertN from dole of issue to dote of delivery to us, plus a cash premium of 3 __for Bond, maturing and hearing interest As
I follows:
principal Interest Principal Interest Principal Interest
MalurillY Aneunt Role iiisturdy Amount RNe_ Maturity _ n I t Rate
2-15 1"7 $ 80,000 f-_-% 2 15-2003 $ 80,000 % 2-15.2010 $ 90,000
t 2151995 80,000 % 2154004 80,000 % 2.15.2011 90,000 %
f 2.15-1999 80,000 2.15.2005 90,000 2.15.012 90,000 %
2 15.2000 $0,0W 2-15-2006 80,000 2-15-2013 90,000 %
2-15-2001 80,000 2-154007 901000 2.15.2014 90,000
2-15.2902 BQ000 235.2008 90,000 2.15.2015 90,000
2 i5.2009 90,000
Our cslculalion Ovhich i% not a pearl of INS hid) of the interest cost from the above is:
'Tolai interest Cost f
Less Premium _
NE I' INTEREST COST S
EFFECTIVE INTEREST RATE %
We are having the Bonds of the following maturities insured
by ,Y et a premium of.% jn L@,pg~,~2\ the PNrC4ASer, Any
feet, to be paid to the citing agencies se a reaull of uid Insurance wild be taald by thn Cky,
The Initial Bond shall be registered in the name of _ valllch will, uror, payment fat the Bonds,
he cancelled by the Paying Agent/Regi0mr, The Winds will Ih<n 2-a reglsleraJ In the rums oFCW d8 Co. (DTC's paem(ship nomil.w), under the
Wn, k-Entry-Only System.
A hank ceshirP.c check or certified check of the Bank, , in the
t amount of 332.'.90 W, which repreaentr our Oo.d Faith Deposit (is attached herein) or (ha bean mode welleMe to you prior to the operdng of Ihbs _
f hid). and is submitted in accordance with the terms as oat forth in the Official Statement and Nolica of Sole and Bidding leatmelione.
We agree to accept delivery of the Bonds Utilizing the Book-Entry-Only Sylvan through DTC and make payment for the Initial Bold in immediately
available funds in the Corporate Trust Division, NetionsBank of Texas, N.A., Dolloo. Texa, raN later than 10:00 AM, CST, on March 28, 1995,
or lheree0er on die due the Bonds ere rendered for delivery, pursuant to the terms al forth In the Notice oC911e and Bidding Instructions.
The undenibfined agrees 14) cnmTlele, execute, and deliver to the City. at ia%t nix business days prior to delivery of the Banda, a ceniflcete relating
to we 'issue price" of the Bondi in the Enrol And to the effect accampaeying the Notice of Sole and Bidding Inuruclions, with Such changes lhereln
as may be acceptable to the City.
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We xRree to provide in writing the ini14J renfferioR prices and other Iwws, if leafy, to the Pirurtlal Advlaor by the cbae of the oex/ budneas I
s do)' after the award.
Kespenfully submitted,
BY
Authorized! Representative
ACCEPTANCE CAUSE • •
Thu shove end foregoing hid is hereby in all things accepted by the city of Denton. Texas, subject to and in accordance with the Notice of Sale and
Ridding lnetrucliom, this the 2tal day of February, 1995.
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ATTEST: Mayor
City of Denton, Texas
City Secretary
• A .f~-. r' ~ r'r tr fry ~N2 % ~fi. °f.i;:ib~~~I f~zt~~,(~ar9t~'~ ~~~eh~ s:t
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CERTIFICATE OF UNDERWRITER
The IGATI hereby ccrtilies es follows with respect to the sale of 51,610,000 CITY OF b[iNTON, Tf?XAS GENERAL
ORl.ICiATION BONUS. SERIES
1995 (the "Bonds").
1. 'Ihuundersignedistheundenv .."I'themanageroftl,.underwritersandsellinggrnnrp(the"Underwriter" u'
has purchased the Rondo (Join the City of Denton, Texas (the "f.ssuer"
hich
2. The undervigned has made a bona lido off!ri18 of the Ronds to the public,
7, The first price during the initial offering p~xprey cd as a "yield") of each maturity of the Bonds at which a
substamial amotmt hereof (at least to percent of the principal amount of each maturity of Ope Bonds) has Ipcen sold
to the i".il`lio is set forth helau,:
Principal
Amount Year of Principe!
A-P!urin¢ -hfa luDir.- Amount Year of
_--Yield AlawriaJy Maturit-
_ Yield
S 80,000 1997 901000 2007
S
2007
801000 1998 - ,
90,000 2008
80,000 1999
90,000 1009
80.000 2000
90,000 2010
80,000 200!
90,000 20] 1
80,000 2002
90,000 2012
80,000 200]
--90,000 2013
80,000 2009
80,000 90,000 2014 200.5
90•000 2015
80,000 2000
d. For purposes of this ceeihcute, the terrn "public" does not include (a) the undersigned, (b) members of the syndicate,
if nn}', rnanagcJ by the undersigned, or (c) any hs,ndhouses, brokers, dealers, and similar persons or organizations acting
in the capacity of underwriters or wholesalers that are related to, or controlled by, or are acting on behalf of or as agents
for the undersigned or members of any syndicate in which the undersigned is participating in the sale of the Bondy,
5. The ot4ning price described above reflects current rnarkei prices at the time of such -lea
6. If any or all of the obligations constituting the Bonds are to he guaranteed then the premium paid for such guarantee.
in an amount equal lu S is a reasonable amount payable solely for the transfer of credit risk fir the
pay mart of dch~ sen'!n on ute liortdn anJ does tun inc little any amount payable for a cost otter than such guarantee, e.g„
a credit rating fee, [he thrdereriler has rcpreacnled that the present value of the premium paid for the guarantee for each
ohligarion conslituiing the Rond.v m which such premium is properly allocated and which are insured
the Ruuds. thereby is less than
the present value of the interest reasonably expected to be saved as a result of the insurance on each obligation constituting
The premium has hcen paid to a person which is not exempt from federal income to xauon and which is not
• a user or related to the user of any pro cceJ, of the Bonds In de errnining present value for this
purpose, uw yield of the
Bonds (determined wi03 retlard rip line payment of uhe guararnce tee) has been used as the Jiscount rate.
7. 'I he undersigned uodersrandv [flat the statements made herein will he relied upon by the Issuer' In pus effort to comply
with the conditions irnposoJ by !inc Internal Itcvmmc Cude of 1986 and by Bond Counsel in rendering their opinion that
/
the interest nn the Runde. is exdudahle from the gross income of the owners then of.
F.XIfCII'1'}'D and UFiI,IVfiNfiO this _
Jay of
(Name of Underwrter or Manager) -
(Title) "
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NOTICE OF SALE,
AND
BIDDING INSTRUCTIONS
ON
$2,000,000
CITY OF DENTON, TEXAS
(Denton County)
CERTIFICATES OF OBLIGATION, SERIFS 1995
Sealed Bids Due Tuesday, February 21, 1995, al 7100 Phi, CST
THE SALE
Certificates Offered for Sale at Competitive Bidding
The City of Denton, Texas (the 'C'ity") is offering &r sale its $2,000,000 Ccrtificatesof Obligation, Series 1995 (the "Certificates").
Address of Bids
Sealed bide, plainly marked 'Bid fur Certiticalcs", should he addressed to "Mayor and City Council, City of Denton, Texas', and
delivered to the City Manager at City Hall, 215 L'. McKinney, Denton, Texas, prior to 7:00 PM, CST, on the date of the bid
opening. All bids most he suhmitted on the Official Bid Form, without alteration or interfineaton.
Place and Time of Bid Opening
The bids for the Certificates will be pul+ticiy opened and read in Ilse City Council Chambers, of the City Hall at 7:00 Phi, CST,
'Tuesday, February 21, 1995.
Award of the Certifirkles
The City Council will take action to award the Certificates (or reject all bids) at a meeting scheduled to convene st 7:00 PM, CST,
on the date of the bid )r-nag. and adopt an ordinance mrt;orizing the Certificates and approving the Official Statement (the
"Ordinance"),
THE CERTIFICATES
Description
The Certificates will he dated February 15, 1995 (the "CertificaW Date"), and interim wig he due on February 15, 1996, and each
August 15 and February 15 thereaftet until the earlier of maturity or prior redemption, The Certificates will be issued ordy in fully
\ registered form in an), integral mnhiple of $5,000 for any one maturity. The Certificates will matum on February 15 in each year
as billows:
O MATURITY SCHEDULE
Principal Principal Principal
Year Amounl Year Amount Year Amiturd
[
1997 $ 55,000 2003 S 80,000 2010 $170,000 d
1998 60,000 2004 85,000 2011 15,000
1999 65,000 2.DD5 95,000 2012 145,000
2000 65,000 2006 100,000 2013 1551000 r
rf 2001 70000 2007 105,000 2014 165,000
2001 75,'100 2008 115,000 2015 180,000 V IQ
2009 120,000
Book•Enlry-Only System
The City intends to utgize the Book-Entry'-Orly Sysem of The Depository Trust Company ("DTC"), See "Cer6ftcate
Information - Book-Entry-Only System" in the Official Statement.
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RedPmplion
The City reserves Lite right, at its optinn, to redeem Certificates having slated maturities on and after February 15, 2006, in whole
or in part in principal amounts of $5,000 or any integral multiple thcrof, on February 15, 2005, or any dale thereafter, sI the par
value thereof plus accrued interest to the date fixed for redemption.
Paying 4genC'Reghlrar
The initial Paying Agenl/Registrar shall be NAtienar7ank of Texas, N.A., Dallas, Texas Isec "Cerificalc Information - Paying
Agent/Registrar" in the Official Statemcuq,
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Sature or Payment
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The Ccrlif cater constitute direct obligalions of the City of Denton, Texas, payable from a combination of (i) the levy and collection
of a direct and continuing ad valorem tax, within the limits prescribed by law, on all taxable properly within the City, and (ii) a
fimited pledge of surplus net revenues (not to exceed S10,000) of Lite City's Utility System, as provided in the Ordinance.
Further details reganiiac the Certificates arc set fork It the Official Statement.
CONDITIONS OF" HE SALE
Type of Bids and Interest Rules
The Certificates will be sold in one block on an "All or None' basis, and At a price or not Ids:. than their par value plus accrued
interest from the date of the Certificates to the date of delivery of the Certificates. Bidders am invited to name the rate(s) of interest
to be borne by the Certificates, provided that each rate bid must be in a multiple or 118 of f % or 1120 of 1% and the net effective
interest rate must not exceed 15%. The highest rate bid may not exceed die lowest rate bid by more than 2% in rate. No limitation
is imposed upon bidders as to the number of mles or changes which may he used. All Certificates of one maturity must bear one
and the store rate. No bids involving supplemental inleresl rates will be considcrcd. Each bidder shall state in the bid the total '
interest Coal in dollars and the effective iniemal role dctcrnined thereby (calculated in the manner prescribed by Article 7170,
VATCS), which shall be considered inforoativc only and not as a part of lite bid. i
Halls for Award
Y
For Lite pur(!osc of awarding the sale of the Certificates, the interest doll of each bid will be computed by dctcrtnining, At the rate
ur rates Apcaificd therein, the total dollar cost of all interest on the Certificates from the Certificate Date to their respective maturities,
using the table of bond Years herein, and deducting therefrom the prcrn.um bid, if any (the "Net Interest Cost Calculation"). Subject yr
to the City's right to reject any or all bids and to waive any irregularities except time of filing, the Certificates will be awarded to '
the bidder or syndioatc account manager whose name tint appeals on Ute Official Bid Form (the "Purchaser") whose bid, based on
the Net Interact Cost Calculation, produces the lowest net effective interest ec.d to the City. t
(:rod Faith Deposit
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A Good Faith Dcpxtsit, paynble to the "City of Dcnlon, Texas", in the amount of $40,000.110, is required, Such Gout] Faith Deposit
shall be a bank cashier's cheek o; certified check, which is to be retained uncashed by the City lending the Purchaser's compliance
wish the terms of the bid and she Notice of Sale and Bidding Inslruclions. The Good Faith Depnsil nmy accompany the Official Bid
Fomi or it Ilia), be submitted separately. If ^kruiludl srparatcly, it shall be made available to lire City prior to the opening of die
bids, and shall be accompanied by irurructions from the batik on which drawn which authorise its use as n Goud Faith Deposit by
the I'urchascr who shall be named in such instructions, The Good F'alth Deposal of the Purchaser will he returned to the
Purchaser upon payment for lite Certifkales. No i,tarest will be allowed on the Good Faith Deposit. ht the event the Purchaser
shoald fail or refuse to Like up And pay for Lite Certificates in accordancewith the bid, then said elieck shall be cashed and accepted
by the Cily as full and complete bquidatcd damages. The cheeks acenngpanying bids other than the winning bid will be returned
G iutmahAlely tiller the bids tiro opened, and an award of the Certificates has becu made. S
F)FLIVERY OF 7IIF, CERTIFICATES AND ACCOMPAi TYING POCUMEN'1S
CUSR' Numbers
that (1)SW idcnlification numbers will appearron the Certificates, but neither the failure to print or typo such lumber 1
on any Ccrtific•alc nor all ;"Ill '.,iii, -gp0A0icrcIo shall-,unslitutccause for a failure or refusal by the Perchasertn acecp~ delivery f
of and pay for the Certificates in ac-,,t lance ~•!Ili the terms of this Notice of Sale and Bidding Instructions and the terms of the
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Official Bid Form. All expenses in rein tion to the printing or typingof CUSiP numbers on the Certificates shall bopaid by the City;
provided, however, that the CUSIP Service Bureau charge for the assignment of the numbers shall he the responsibility of and shell )
be paid for by the Purchaser.
Delivery of C'ertBkau
Initial Delivery will be accomplished by the issuancoof one Initial Certificate (also called the "Certificate' or 'Certificates"), either
in typed or printed form, in the aggregate principal amount of $2,0110,000, payable in atated Installments to the Purchaser, signed yy'
by the MayorandCitySccretary,approvedbytheAtlomeyCeneral,and registered and manusilysigned bytheComptrolferofPublic
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Accoums. Upon delivery of Iho Initial Cenificato, it shall be immediately cancelled and onodeftnilive Cerlificale for each maturity
will he registered and delivered only to Cede & Co. and deposited with DTC ? , connection with DTC's Book-Entry-Only System.
Initial Delivery will be at the principal office of the Paying Agent/Registrar, Payment for the Certificates must be made in
immc listely available funds for unconditional credit to the City, or as otherwise directed by the City. The Purchaser will be given
six business Jays' notice of the time fixed for delivery of the Certificates. It is anticipated that delivery of the Certificate(s) can be
made on or about March 28, 1995, and it is understood and agreed that the Purchaser will accept delivery and make payment for
the Certificates by 10:00 AM, CST, on March 28, 1995, or thereafter on the date the Certificate is tendered for delivery, up to and
including April 11, 1995, If for any reason the City is unable to make delivery on or before April 11, 1995, the City shall
immediately contact the Purchaser and offer to allow the Purchaser to extend its offer for an additional thirty days. If the Purchaser
does not elect to extend its offer within six days thereafter, then Its Oood Faith Deposit will be returned, and bah the City and the
Purchaser shall be relieved of any further obligation. In no event shall the City be liable for any damaged by reason of its faifure
to deliver the Certificates, provided such failure is due to circumstances beyond the City's reasonable control.
Conditions to Delivery
The obligation of the Purchaser to use up and pay for the Certificates is subject to the Purchaser's receipt of (a) the legal opinion
of McCall, Parkhurst& Norton L.L.P., Dallas, Texas, Bond Counsel forlhc City ("Bond Counsel"), (b) the no-Iitigadon cortiftcate,
and (c) the certifi ration as to the Official Statement, all as further described ti the Official Sutunent. I
In order to provide the City with iuformation required to enable it to comply with ceruin conditions of the Internal Revenue Coda I
of 1986 m1sling to the exen.,.lion of interest on the Certificates from the gross income of their owners, the Purchaser will be required
to complete, execute, and deliver to the City (on or beforethe 6th business day prior to the delivery of tiw Cedireates) a certification )
as to their "issue price' substantially in the form and to the effect attached hereto or accompanying this Notice of Sale and Bidding
Instructions. In the event the successful bidder will not reoffer the Certificates for sale, such certificate maybe modified in a manner
approved by the City. In no event will The CRY fall to deliver The Certificates its a reauk of the Initial Purchaser'i Inability to
sell a substantial amount of the Certificates at a particular price prior to delivery. Each bidder, by submitting its bid, agree-1
to complete, execute, and deliver such a certificate by the date of delivery of the Certificates. If its bid is accepted by the City. It
will be the ruponsibiiity of the Purchaser to institute such syndleate reporting requirements to make such Investigation, or otherwise
to ascertain the facts necessary to enable it to make such certifialion with reasonable cerulnty. Any questions concerning such
certification should be directed to Bond Counsel.
lA'gal OPlnions
The Cerlificatea are offered when, as and If issued, subject to the approval of the Attorney General or the State of Texs, Dcbvery
of and payment for the Certificates is subject to the receipt by the Purchaser of opinions of Bond Counsel, to the erred that the
Certificates are valid and binding obligations of the City and that the interest on the Cedill will be excludible from gross income i
for federal income tax pugioscs under existing law, subject to the natters described under "Tax Matlers" in the Official Statement,
• including the alternative minimum tax on corporations.
Certirwation of Ofrrlai Statement
At the time of payment for and initial Delivery of the Certificates, the City will exatne and deliver to the Purchaser a certificate
in the form set forth in the official Statement.
Change in Tax Exempt Status -
At any time before the Certificates are tendered for delivery, the Purchaser may withdraw its bid if the inenesl received by private
holders on certificates of the same type and character shall be declared to bet taxable Income under present foderal Income tax lawn,
either by ruling of the Internal Revenue Service or by a decision of any Federal court, or shall be declared taxable or be required
to be taken into account in computing any federal income taxes, by the terms of any federal income tax taw eructed subsequent to
the date of this Notice of Salo and Bidding Inatmclions.
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financial Advisor GENERAL
firs) Southwest Cunq,any is employed as Pinanchal Advisor to the City in connection with the issuance of the
R Certificates. 'fen
nancial Advisor'e fee for services rendervdwith respect to the sale of the Ce,fificates is contingent upon the issuanceand .!elivery
of the Certitieates, Pirat Southwest Company may submit a bid for the CertifieRes, either independently or as a member of a
.syndicate. organized to submit a bid for the Certificates. First Southwest Company, in its capacity As Financial Advisor, has relied
nn the opinion of Bond Counscl and has not verified and does not assume any responsibility for the information, covenants and
representations contained in any of the legsl documents with respect to the federal income tax status of the Certificates, or the possihle
impact of any present, pending or future actions taken by any legislative or judicial bodies, in the monist e(fr+e of busines the
Financia _Advisor niay from time to time sell invetnment saki; s o th City [or iFhe inveatmllt of Ixxnd nrtrceedsnr other funds
s~f the Cil1' UMm tier reauesl of the Cits_
Blue Sky Liters
By submission of its hid, the Purchaser represent.; that the sale of the Certificates in states other than Texas will he made only `
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pursuant to exemptions from registration or, where necessary, the Purchaser will register the Certificates in accordance with the
securities law of the states in which the Certificates are offered or sold. The City agrees to cooperate with the Purvhamr, at the
f'urchaser'.s wriueu request and expense, in registering the Certificates or obtaining an exemption from registration in any state where
sorb action is necessary, provided, however, that the City shall not be obligated to execute a general er special consent to service
-,f process in any such jurisdiction.
Not an Offer to Sell
"phis Notice of Sale and Bidding lnstruetions does not alone constitute an offer tO sell the Certificates, but is merely notice of the sale
of the Certificates. The offer to sell the Certificates is neing made by means of the Notice of Sale and Bidding instructions, the
Official Bid Form ■nd the Official Statement. Prospective purchasers are urged to carefully examine the Official Statement to
deterriine the investment quality of the Certificates.
Isscance of Additional Debt Q
'rhe City does not anticipate the issuance of additional debt within the next twelve-month period.
Rulings
-fhe presently outstanding tax supported debt of the City is rated "A I " by Moody's Investors Service, Inc. ("Moo dy's') and "AA-"
by Standard & Poor's Ratings Croup, a division Of McCraw-Hill (;S&P'). The City also lilts four issues outstanding which are rated
"Aaa" by Moody's and 'AAA" by S&P through insurance by various commercial insurance companies. Applications for contract
ratings un this issue have been made to both Moody's and S&P. The results of their determinatonA will he provided as soon as
passible.
Municipal Bond Insurance
In the evont the Certificates are qualified for municipal bond insurance, and the Purchaser desires to purchase such insurance, the
cost therefor sslll !repaid-¢yi~t_Purchaser. Any fees to he paid to the rating agencies as a result of said insurance llw I pilld
fty_She Ci It will he the. responsibility of the Purchaser to disclose the existence of insurance, its terms and the effect thereof with
respect m file reoffering of the Certificates.
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The Ofticlul Statcmeot and Compliance with SEC Rule 1502-12
l}hc City has Prepared the accompanying OBicial Slatenirmand, for the limited purpose of complying with SEC Rule 1502-12, deems i,
sure 0144isl SNICalent to he final as of its date within the meaning of such Rule for the purpose of review prior to bidding.
Representndon~ made and to be made by the City concerning the absence of material misstatements and emissions in the Official
Statement are addressed elsewhere in this Notice of Sale and Bidding Insttvetons and in the Official Statemenl.
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The Cie' will furnish m the Purchaser, or Pu mhuers, acting through s Designated senior representative, in accordance with I
instructions received from the Purchaser(s), within saven (7) business days from the sale date An aggregate of 100 copies of the i
Official Statement including a like number of copies of any Supplement(s) reflecting interest rates and other terms relating to the '
ontial reoid'enng of the Certificate;, "rhe cost of a reprinted OffieW Statement, if the Purchaser(s) shall so elect, and the cost of any
Official Statement in excess of the number specified shall Iv prepared and distributed at the cost of the Purchaser(s), The
Purchaser(s) shall be reslwnsible fur providing in writing the initial reoffering prices and other terms, if any, to the Ptrhancial Advisor JJJ
isy the 0141st. of the next business day after the award. Except as noted above, the City assumes no responsibility or Obligation for
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the distribution or delivery of any copies of the Official Statement in connecoo-, with the offering or reoffering of the subject 1
securities.
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Additional Copies of Notke, SW Form and Statement
A limited number of additional copies of this Notice of Sale and Bidding Instructions, the Official Bid Form and the Official
Statement, as available over and above the normal mailing, may he obtained at the offices of First Southwest Company, Invealment
Bankers, 1700 pacific Avenue, Suite 500, Dallas, Texas 75201, Financial Advisor to the City.
On the date of the safe, the City Council will, in the Ordinance authorizing the Issuance of the Certificates, confirm its "roval of
the form and content of the Official Statement, and any addenda, supplement or amendment thereto, and authorize Its use In the
reoffering of the Certificates by tho Purchaser.
808 CASTLEBERRY
Mayor
City of Derstttn. Texas
ATTEST:
JENNIFER K. WALTERS
City Secretary
February 7, 1995
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BOND YEARS
Bonds Accumulated Bonds
!Laturln Amount Bond Years _,Bond Years Maturing
1997 f 55,000 110.000 110.000 1997
1998 60,000 180.000 290.000 1998
1999 65,000 260.000 650.000 1999
2000 65,000 326.000 875.000 2000
2001 70,000 420.000 1,295.000 2001
2002 76,D00 625.000 1,820.000 2002
2003 80,000 640.000 2,460.000 2003
2004 85,000 765.000 3,225.000 2004
2OD6 95,000 950.000 4,176,000 2005
2006 100,000 1,100.000 6,275.D00 2006
2007 :06,000 1,260.000 6,535.000 2007
1008 116,000 1,495.000 8,030.000 2008 Q
2009 120,000 1,680,000 9,710.000 2009
2010 130,000 1,960.000 11,660,000 2010
2011 135,000 2,160.000 13,820.000 2011
2012 145,000 2,466,000 16,285.000 2012
2013 155,000 2,10.000 19,075,000 2013
2014 165,000 3,135,000 22,210.000 2014
2015 180,000 3,600.000 26,810.000 2015
Average Maturity 12.905 Yurs
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OFMCIAL BID FORM
Itonornldr .,\Inyor sod City Council February 21, 1995
Cil}' it Oo,nlon, Texas
Mynsbcls of the City Council:
Reference is models vour Official Stotemem and Notice of Sole and Bidding Instructions, doled Febmary7, l'03 of S2,000,000CITY OF DENTON,
TEXAS CERTIFICATES OF OBI.IOATION, SUMS 1995, both of which constibue s pan hemtf.
Enr your lego0y issued Certlficelet, es dewnlod in said Notice of Sole and Bidding Instmcttons and Official Statemem, we will pay you par end
accord interest from dote of issue to date of delivery to no, plus a cash premium of S _ of Certificates maturing and baring
interest as lo11owa:
Principal Interest Principal fofereas Principal Interest
I b etu 'I , Amoral Rate _ otudU_ ~~'tynt Ralo tv a u ' Amount Rate
2-15J997 $ 5?,000 2.15.003 S 80,000 2-15.2010 $130,000 %
215-1998 60,000 2-15.2004 85,000 ~X 2-15.2011 135,000
2 151999 65,000 ~X 2-15-2005 95,Od0 2-15-2012 145,000 %
2-152000 05,000 % 2-15-2006 100,000 % 2.15.2013 155,000 % -
2-15-20(11 70,000 2.15.2007 105,000 2.15.2014 165,000 %
2.152002 75,000 ~X 2-13-2008 115,000 2-15-2015 180,000
i 2-IS-2009 120,000 i_%
C1ur calcu I all no rwhich is not a pan of this bid) of the inhered mot from the above IS:
Total Interest Cnsl
Less Premium
iJb'T INTERFSI' COST S
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I EFFECTIVE INTER&ST RATE %
We are having the Certificates of The following maturilim Insured
by a premium of Qy,Jliap laachMC, Any
{ tee, to he paid to the rating agencies as a result of solid inourance w1B be acid br tte Cllr,
The limial Cenifenle sha0 he registered in the nssne of _ ,_wlskh will, upon payment for the
Cenifiutes, be cancelled by the Paying Agem7Regietar. 'the Certificates wilf than be rogistered In the acorn of Cede & Co. DU'fC'a partnership
nomimeel, under the Book-Entry-Only System,
in the
I A hank cashirr'a dock at cuM1ifted check of she Bank, _
9,11,1111.1 of 240,000.00, which represents our Omid Faith Deposit (is ottAched heresm) or Qtas heen nwde ovollsble to you prkr to do opening of this
hid). and is submitted in son nl anoe wi lh the tam as set forth 1n the Official Sutonwmt And Notice of Sale and Bidding In itnsetiom,
We. agree h, accept delivery of the Cc nifice its sui Iizi ng the Book•Emry-(fitly System through DTC and rsuke payment Fitt the Initial Certificate in
hnnscdietely available fund, in the Cnrporete Tnurt Division, NatlonaBsnk of Texas, N.A., D.II.q Texas, not later thin 10;00 AM, CST, on
blurch 28, 1995, or Iherea0er on the date the Certificates am tendered for delivery, pursuant to the terms eN forth in the Notice of gala and Bidding
hooroclions.
'rhe undersigned agrees to eomplele, esecule, and deliver fu the City, of lull six buaineu days prior to delivery of the Certifiesta, a ceniflale
I relalini, To the 'issue price' of doe Certificates in the form and to the effect acessmpenying the Notice of Sole and Bidding lisiar timm, with such
! changes _•emlo as may he accepfahle in the City.
We agree to provide in wrilog the Inhiai reoffering prices and other leans, if my, to Its p"ranclel Adviser by tie clue of the am boohoo
day after The award.
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Respe.tlidly smhmiltel,
BY-
Authorized Representative
I CC pCBN~.S~
Ttlr eb<,ve. and foregoing hid is hereby in all things accepted by the City of Denton, Tessa, mbJecl to and in aecoidalke with the Ndfca of Sete and
Bidding Inslrudivo% this the 21st day of Pebmery, 1995. !
I A9TFST. Mayor
City of Denton, Texas
City Secretary
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CERTIFICATE OF UNDERWRITER
the undersigned herchy certifies as follows with respect to the sale of $2,000,000 CITY Of' OBNTON, TEXAS
C'I'R7TI'ICATES oil OBLIGATION, SERIES 1995 (the "Certificates"), r}
1. '1 he umrdersigrted is the urtdcrw ritrr or the manager of the underwriters and sellin t
has purchased the Certificates from the City of Demon, Texas (the 'Issuer"), g group (the "ifndcrwrflrr')uhich
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2. The undersigned has made a bona fide offering of the Certificates to the public, a
3. The first price during the initial offering (expressed as it "yield") of each maturity of the Certificates at which a
substantial amount hereof (at least 10 percent of the principal amount of each maturity of the Certificates) has been
sold to tho public is act forth Mow;
Principal principal
Amount Year of Amount Year of
Ala mrin bj&a it DAy_ YieL
Maturing MawatLr _ Yield
5 55,000 1997 _ $105,000 2007 _
60,000 1998 115,000 2008
65,000
1999 _ 120,000 2009 ,
65'000 2000 130,000 2010
70,000 2001 135,000 2011
75,0!0 2002 145,000 2012 _
80,0W 2003 155,000 2013 u
85,000 2004 165,000 2014
95,000 2005 180,000 2015
100,0W 2006 -
4. Fo; purposes of this certificate, the term "public" does not include (a) the undersigned, (b) membete of the syndicate,
if any, managed by the undersigned, or (c) any bondhouses, brokers, dealers, and similar persons or organiWons acting
in the capacity of underwriters or wholesalers that are related to, or controlled by, or arc acting on behalf of or as agents
for the undersi).,ned or members of any syndicate in which the undersigned is participating In the safe of the Certificates.
5. !lie offs,:.ig priei descnbed above mfleds current market prices at the time of such sales.
6, If any or all of th obligotions constituting the Certificates are to be guaranteed then the premium paid for such
guarantee in an amount ecusl to $ . _ fs a reasonable Amount p
fur the payment of debt service on the Cer_tificates and ell not include an imount ~payable for a cost oth" y for the trams{et of credit risk
guarantee, e.g., a credit rating fee. 'Ihe Underwriter has represented that the present value of the pltwtjm paidalor the
guarantev for each ofiligation constituting the Certificates to which such premium is properly allocated and which are
1 imuted dtemby is less than the present value of the Interest reasonably expected to he saved as a result of the insurance
on each ohligaiinn constituting the Certificates. The premium has been paid to a person which is not exempt from federal
income taxation and which is not a user or related to the user of any prueeeda of the Certificates, In determining present
* value for this purpose, the yield of the. Certificates (determined with regard to the paymem of the guarantee fee) has heen
used ds the discount rate.
7. The undersigned understands that the ststements made herein will he relied upon by the Is•Lrer in its effort to comply I~
with Die conditions im Ne;eJ by die Internal Revenue Code of 1986 and by Bond Counsel in rendering their opinion that
the iuterot on rile Certificates is excludable from the gross income of the owners thereof,
EXEC U'IT U and DL'I.IVERED this day of 19
(Name of Underwriter or Manager)
(Title)
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OFFICIAL STATEMENT
Dated February 7, 1995
NEW ISSUE - Bouk•Enlry-Only
In the opinion of Bond Councel, interest on the Binds will be excludable from gross income for federal income tax purposes
under existing statutes, regulations, published rulings and court decisions existing on the date thereof, subject to the matters
desorbed under "Tax Matters" herein, including the alternative minimum tax on corporations.
$1,610,000
CITY OF DENTON, TEXAS
(Denton County)
GENERAL OBLICATION BONDS, SERIES 1995
Dated: February IS, 199S Due: February 15, as shown below
Initrnt on the $1,610,000 City of Denton, Texas Ceneral Obligation Bonds, Series 1995 (the "Bonds") will accrue. from the
dated date am shown above and will be payable February 15 and August 15 of each year, commencing February 15, 1996, and
will be calculated on the basis o f a 360-day year of twelve 30-day months. The definitive Bonds will be initially registered and
delivered only to Cede & Co., the nominee of The Depository Trust Company (WC') pursuant to the Book•Enlry-Only System
described herein, Beneficial ownership of the Bonds may he acquired in denominations of 55,000 or integral multiples thereof.
No physlcai delivery of the Bonds will be made to the owners thereof. Principal of, premium, If any, and Interest on the
Bonds will be payable by [lie Paying Agent/Reg(slrar to Cede & Co., which will make distribution of the amounts so paid to
the beneficial owners of the Bonds. See 'Bond Infotmallon - Bonk-Entry-Only System" herein,
These Bonds were authorized at an election held on December 13, 1986 and aredircet and voted general obligations of the City
of Denton, Texas (the "City"), payable from an ad valorem tax levied, within the limits prescribed by law, on all taxable
property located within the City, as provided In the ordinance authorizing the Bonds (the 'Ordinance') (ace "Bond Information -
Authority for Issuance").
The initial Paying Agent/Registrar shall be NelionsBank of Texas, N.A., Dallas, Texas (see "Bond Information - Paying
Agent/Registrar").
Proceeds from the ask of the Bonds will be used for street improvements, drainage Improvements and parka and recreation
Improvements.
MATURITY SCHEDULE
Price Price
or or
Amount Matori1Y ikif- Yield Amount Maturity _Bg L YkW
$80,000 1997 $90,000 2007
g0,000 1996 90,000 2008
80,000 1999 90,000 2009
80,000 2000 90,000 2010
80,000 2001 90,000 2011
80,000 2002 90,000 2012
80,000 2003 90,000 2010
80,000 2004 90,000 2014
• 80,000 2005 90,000 2015
80,000 2006
The City reserves the right, at its option, to redeem Bonds having misted maturities on and after February 15, 2006, in whole 1
or in pad in principal amounts of $5,000 or any integral rnuliiple thereof, on February 15, 2005, or any date thereafter, at the
par value thereof plus accrued interest to Iho date fixed for redemption (see "Bond Information - Redemption of Bonds").
The prescnlly outstanding wx supported debt of the City Is rated "A 1" by Moody's Investors Smite, Inc. ("Moody's") and
B "AA-" by Standard & Poor's Rating Group, a division of McOraw-Hill ("S&P"). The City also has four issues outstanding ' • • I
which one rated "Aao" by Moody's and "AAA' by S&P through Insurance by various commercial insurance compardn. I
Requests for ratings for the Bonds have been made to both rating services (see "Other Information - Ratings').
The Bonds are offered for delivery when, An and if issued and received by the purchaser(s) and subject to the approving opinion
of the Altomey General of the State of Texas and of McCall, Parkhurst & Horton L.L.P., Bond Counsel, Dallas, Texas. The
opinion of Band Counsel will be printed on or attached to the Bondi (see Appsndix C, 'Form of Bond Counsel's Opinion').
It k expected that the Bonds will be tendered for delivery to the Initial purchaser(s) through The Depository Trust Company.
Delivery: Anticipated on or about March 28, I99S
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OFFICIAL NI'AIEMENI'
haled Febrnnry 1, 1995
NEW MIL ; • Doak-Ealry-Ordy
in the opinion of &md Counsel, intercN on rho Cenificares will be excludable from grope income for federal Ineaise lax Furrows undet exbling
slalulon, regulations, published rulings and coup dtcildons exisling on the dale IhertaL subject to the nHllers desarilwil under'Tok Matters'
herein, incluJing the dtamatNe minimum tnx on cororaliona.
f2,000,000
CITY OF DEN'TON, TEXAS i
(IFeutou Comely)
CERTI}ICATFS OF OBLIGATION, SERIFS 1995
Daled: February 15, 1995 Duit: February) I5, M Shona Wow
Interest on the $2,000,000 City of Delmar, Texas Certificates of obtigal(on, Scries 1995 (the 'Cenificatee') will accrue from the dowel dale as
shown above and will be payable February IS and Augurs IS ofeach year, commencing February IS, 1996, and will be calculaled on the basis
of a360-Jay year of twelve 30 day months. The derinkive Cenifiesus will be lnidirly registered and delivered only to Cede&Co., the nominee
of The Doporitmy Trusl Compmny('DTC') purwartrlo the Bxok-Entry-only Syata,,idewoibed heroin. Banaftcialowmrehipuofthc Cer(ifocates
nuybeacquilyJindemimina0onxnff5,0(ltlnrinlegmlmuhiplealherroL Nophyxivaddeliveryoflhe CerllrkcalmwBlbemadelorbeo%w.m
thereof. Principd of, premium, if any, and intorom oat the Cenificelta will be payable by dw Paying AgenllRtgislnr to Cede & Co., which
will make tistribulion of the Amounts so paid to the benaf:fel ownare of We Cenif carat, See 'Certificate Infonnalion. Book-Entry-only
System' hcreiu.
Thew Csrificaler emiatilnte direct obligations of the City of Anton, Texas ([he 'City'), payable Gram a combilulion of (i) the levy and
collection of a direcl mud conlinuing ad valowu r tax, within the limits prcwrib¢J by law, on ell taxable properly wilhlr the City, and (oil a limiled
pledge of surplus net mvenucS (not ti exceeds f 10,000) of the C'ity'., Utility Svsunl, as provided in the ordinance auril rSaing the Certiftcatca
(the 'Ordinance') (see 'Ceni0 sle Infomulion - Authority for Issuance').
Ilm initial Paying AgoolfRtg)slrar rhdl he Naliorl of Texas, N.A., Dellec, Texas (we'Cenifteate bdorm l - Paying AgenlfRtgianr').
Proceeds front the mro ufthe Cenificmwawitl he used for construction and aequisltionof certain real ■nd personal property for use to connection
with the City's landfill op rotiom, rennin 6cildies and equipmanl relAwol In the landfill operations, and for onus orissusrwe asaocialcd with
the ulc of the Certificates.
MATURITY tiC11FDULE I
Price
Price
or or i
Anse r _ Maturity RAW Yi I out etu'l at Yield
$ 551000 1997 S 105,000 2007
60,000 1998 11I.Wo 2008
65,0(10 1999 120,000 2009
65,0(10 2000 130,000 2010
10,000 2001 133,000 2011
75,000 2002 145,000 2012
80,000 200) 155,000 2013
85,000 2004 165,000 2014
95,000 2005 180,000 2015
1001000 2006 t
]INC Cily worves Iho, right, at ita option, fo redeem Ceni0cates having stated nuturilics on and afltr February 15, 2006, in whole or In pmt
• in principal amounts of KC00 or any inlegni mu)lipw tharetf, on February 13, 2005, ar any J&IO thenea0er, at the far value ihtroof plus
acetued interest to the date fixed fir redomplion (we'C'ertificmte infomurton • Redo input loll of Cenific lies').
The prtsenlly oulsianJing tax supponeddcbtorlhe Cily is"red 'AI' by M,ody'a investors Service, Inc. ('hloody's') And 'AA.' by Standard
& Ror's Rating Group, a division of bl Graw-Hill CS&P'). The Cily also has Pour issues outslsnding which are "led 'Ana' by M ody's and
'AAA' by S&P through insurance by various wntnxreiel insurance companies, Requests for ralings for the Cenilleates have been made to
both raring wrviaes (we 'Oihor Infomulion - Ralings'),
The Certificates are Wired for delivery' when, as and if issued and received by the purchaser(s) and subject to the approving opinion of the •
Anomty Ocnerel of tint Siale of Texas and of hie C'm11, Parkhurst & Ilonnir L.L.P., Bold Counsel, DAIIaA, Texas. The opinion of Bond Counsel I
will be printed on ur attached In the Cenif cafes (arc Appendix C, 'Fomi of &tld Counsel's Opinion'),
II is expmcdrhal the Ccnifiules will he lendened fordelivery to the initial purchaser(s) through The Depository Trust Company, 'j
Delfreryt Anticipated ea ar aboul Marvin 28. 1995
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This Official Statement does not eansiltute an of er to sell Bonds or Cert fcairs in anyjurisdkuions to any person to whom It it
wdauful to make such after in such j.-& ictlon. No dealer, salesman, or any other -to ion has been authorized to give any
Information or make any representation, other than those contained herein, In connection with the offering of these Bond and
Certificwri, aml if given or made, such information or representation marl not be relied upon. The kljormatlnn and expression
cf opinion herein are subject to change without notice and neither the delivery of thb Official Statement nor any sale made
hereunder shall, under any circumstances, creme any impiieNkm that there has been no change In the affairs of the City since
she duce hereof.
TABLE OF CONTENT'S
OF'F'ICIAL. STATEMENT' FINANCIAL INFORMATION
Description or the Bonds I General Fund Revenues and Expenditures 22
Description of the Certificates 3 Municipal Sales Tax History . . . . 22
Pinancial Policies 23
CITY ADMINISTRA f1ON
Elected Officials 6 INVESTMENTS 23
Appointed Officials 6
Consultants and Advisors . . . . 6 TAX MATTERS
Opinion 25
SF,LECTFts DATA FROM THE OFFICIAL Federal Income Tax Accounting Treatment of
STAir.PIENT 7 Original Issue Discount , 25
Collateral Federal Income Tax Consequences 26
BOND AND CERTIFICATE INFORMATION State, Local and Foreign Taxes , , , . , . , . 26
Authority for Issuance 9
Security for Bonds 9 OTHER INFORMATION
Security for Certiricates 9 Ratings 27
Redemption or Bonds and Litigation . . . . . . 27
Certificates 9 Registration and QuaL4catlon of Bonds
Book. Entry-Only System 9 and Certificates 1, r Sale 27
Paying Agent/Registrar I I Legal Investments and Iligibility to Suum
Transfer, Exchange and Registration it Public Funds In Ttxas 27
Limitation on Transfer of Hands and Legal Matters . . 27
Certificates Called for Redemption I I Authenticity of Financial Data
Record Dalt for Interest Payment I I and Other Information . . 29
Use of Bond Proceeds 12 Financial Advisor 28 i{
Use of Cerlificale Proceeds 12 Certification of the Official Statement . 28
Sources and Uses of Funds 12 f
APPENDICES
TAX INFOW4.4TION General Information Regarding the City A
Ad Valorem Tax Law 13 Exec" Frum the Annual Financial Report B
Valuation, Ex. motion and Debt Obligations 14 Form of Bond Counsel's Opinion C
Taxable Assessed Valuations by Category 15
Valuation and Pundcd Debt History 16 The cover page hereof, this page, the appendices Included
Tax Rate, Levy and Cr,Tection History 16 herein and any addenda, supplement or amendment hereto,
Ten Largest'faxpaycr 17 are part of the Official Statement.
Tax Rate Limitation 17
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• DEBT INFORMATION
Debt Service Requirements , 19
Assessed Valuations, Tax Rates, Direct and
Overlapping Funded Debt Payable From
Ad Valorem Taxes and Authorized But
Unissued Bonds of Overlapping Taxing
Jurisdictions . . 19
Interest and Sinking Fund Budget projection 20
® Aulhorized But Unissued General
Obligation Bonds 20 • •
Anticipated Issuance of General
Obligztion Bonds 20
Funded Debt Limitation 20
Other Obligations . 20
Pension Fund 20
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CITY ADMINISTRATION
Elected OfEciots
Term
City Council -12xnires
Bob Castleberry Slay, 1996
Mayor
Margaret Smith May, 1995
Mayor Pro Tern
Jack Miller May, 1996
Councilmember
Jerry Con May, 1995
Couneilmemher
Stark Chew May, 1995 '
Councilmemher
Harold Petry May, 1995
Councllmember
Euline Brock May, 19%
Councilmember
Appointed Officials
Name Position
Lloyd V. Harrell City Manager
Nick Svehla Deputy City Manager
Kathy DuBose Executive Director for Finance
N.E. Nelson Executive Director for Utilities
Betty McKean Executive Director for Municipal Services and Economic Development
Jennifer K. Wolters City Secretary
Mike Bucek Acting City Attorney
Consultants and ,Advisors
Auditors Deloine & Touche L.L.P.
Fort Worth, Texas
Bond Counsel McCall, Parkhurst & Horton L.L.P.
• Dallas, Texas
Financial Advisor First Southwest Company .
Dallas, Texas
Fur add'Jonal information regarding the City, please contact:
Kathy D"Bow Frank J, Medaruch • O
Executive Director for Finance David K. Medanieh
City of Denton or First Southwest Company
215 E, McKinney Street 1700 Pacific Avenue, Suite 500
Denton, Texas 76201 Was, Texas 75201 '
(817)566.8320 (214) 9534000
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SELECTED DATA FROM THE OFFICIAL STATEMENT
This data page was prepared to present the purchasers of the Bonds and Certificates information concerning the Bonds and
Certificates, the taxes to be levied for payment of the Bonds, the revenues pledged to payment of the Certificates, the description
of the tax and revenue base and other pertinent data, all as more fully described hereln, and is subject in all r, peels tc. the more
complete information and definitions contained or incorpo,eted in this Official Statement. The offering of the Bonds and
Certificates to potential investors is made only by means of [his unlirc Official Statement, No person is authorized to detach
this data page from this Official Statement or to otherwise use it without the entire Official Statement.
The Issuer The City of Denton, Texas is a political subdivision located in Denton County operating as
a home-rule city under the Iowa of the State of Texas and a charter approved by the voters
in 1959. The City operates under the Council/Manager form of government where the Mayor
and six Counctlmembers are elected for staggered two-year terms, The City Council
formulates operating policy for the City while the City Manager is the chief adminisiadve
ofRcer.
The City is approximately 61 square miles in area (see Appendix A . "General Infonnatlon
Regarding the City'),
The Bonds Thu Bonds are being issued in the principal awowtt of $1,610,000 pursuant to the general
laws of the State of Texas, particularly : Kids 1175, VATCS, and an Ordinance passed by
the City Council of the, City (see "Bond and Certificate Information - Authority for
Issuance').
The Certificates The Certificates are being issued in the principal amount of $2,000,000 pursuant to the
general laws of the State of Te%r.3, particularly Subchapter C of Chapter 271, Texas Local
Oo vemn to n t Cade (the Ce rt ificases of Obligation Act of 1971), a s emended, and an Ordinance
passed by the City Council of t!ro City (see "Bond and Certificate Information - Authority for
Issuance").
Security for the Bonds The Bonds constitute dircc! and votes obligations of the City payable from a continuing ad
valorem tax levied on all taxable property within the City in an amount sufficient to provide
for payment of principal of and interest on all ad valorem tax debt, within the limits
prescribed by law (see 'Bond and Certificate Information - Security for Bonds").
Security for
the Certificates The Ccrtihcatea constitute direct obligations of the City, payable from a combination of (1)
the levy and collection of it direct and continuing ad valorem lax, within the limits of the law,
on all taxable pmlwrty within the City, and (if) a limited pledge of surplus net revenues (nut
to exceed $19,000) of the City's Utility System (see "Bond and Certificate Information
Security for Certificates").
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Optional Redemption The City rcxcrves the right, at its option, to redeem Bonds or Certificates having stated]
maturities on and after February ' , 2006, in whole or in part in principal amounts of $5,000 I
or any integral mulfiple thereof, on February 15, 2005, or any date thereafter, at the par
value thereof plus accrued interest to the date Fixed for redemption (see "Bond and Certificate
Information - Redemption of Bonds and Certificates").
• Tax Exemption In 1~ c opinion of Bond Counsel, the interest on the Bonds and Certificates will be excludable
from gross Income for federal income tax purja ses under existing law, subject to the mailers
described under 'Tax Mauer' herein, including the alternative minimum tax on corporations.
Use of Bond Proceeds Proceeds from the sale of the Bonds will be used for street improvements, drainage
improvements and parks and recreation improvements.
• Use of Certificate Proceeds . Proceeds from the sate of the Certificates will be used for constmclion and acquisition of • •
certain real and personal property for use in connection with the City's landfill operations,
certain facilities and equipment related to the landfill operations, and for costs of issuance
associated with the sale of the Certificates.
Payment Record The City has never defaulted.
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Seieeted fuuer lodltvs '
Ratio Funded
Fiscal Per Capita Per Capita Tax Dow to
Year Estimated Taxable Taxable Funded Funded Tatublo % of
Ended City Assessed Asse"M Tax Tax Assessed Total Tax
9UQ, Pnoulotan Valmion Valuation DgW DM yellyjion Collection,
1991 66,470 $2,092,796,973 $31,485 $29,186,730 $439 1.39% 98,75%
1992 66,822 1,972,288,683 29,516 29,706,730 445 1.51% 99.95%
1993 67,350 1,912,269,655 28,393 31,646,730 470 1.65% 100,42%
1994 68,650 1,875,629,397 27,323 33,956,730 495 1.91% 99189%
1995 69,175 1,973,063,250 28,523 33,736,73019 488 1171% N.A.
(1) Projected, includes the Bond and Certificates.
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BON1) AND CERTIFICATE INFORMATION
Authority for Ltsuance
The Bonds were authorized at an election held on December 13, 1986, and passed by a majority of the participating voters,
Tim City is authorize'l to Incur debt by voter aulhorizAtion by Article 1175 of the general laws of the State of Texan and by an
Ordinance as authorized In the City Charter adapted by volera in 1959.
The Certificates are being issued purauanl to the Constitution and general dews of the State ofTexaa, particularly Subchapter C
of C h a}acr 271, Texas Local Government Code (the Certificate of Ob ligation Act of 1971), as s m"ded and un Ordinance passed
by the City Council,
Security for Bondi
All taxable property within [lie City is subject to a continuing direct annual ad valorem lax levied by the City sufficient to
provide for the payment of principal of and interest on all obligations payable in whole or in part from ad valorem taxes, which
tax must be levied within limits prescribed by law. The City operates under a home-rule charter as authorized by Article XI,
Section 5 of tire. Constitution of the State of Texas. The City's charter restricts such lax levy to no more than $250 per 5100
of Assessed Valuation for all City purposes.
Security for Certificates
All taxable property within the City is subject to a continuing direct annual ad valorem lax levied by the City sufficient to
provide for the payment of principal of and interest on all obligations payable In whole or in part from ad valorem taxes, which
tax must be levied within limits prescribed by law. Additionally, (he Certificates are payable from and secured by a limited
pledge of surplus net revenues (not to exceed $10,000) of the City's Utility System as provided In the Ordinance authorizing
the Certificates. The City operates undera home-rule charteras authorized by Article XI, Section 5 of the Constitution of the
Stale of Texas. The City's charter adapts the constitutional provisions limiting such tax levy to no more than $2.50 per $100
or Assessed Valuation for all purposes of the City, including the payment of debt.
Redemption of Bonds and Certificate;
The City reserves the right, at its option, to redeem Bonds and Certificates having stated maturities on and after February 15,
2006, ;u whole or in part in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2005, or any date.
thereafter, at the par value thereof plus accrued interest to the date fixed for redemption. If leas than oil of the Bonds and
Certificates are to tw redeemed and if less than all of a maturity is to be reddremed, the Paying AgenVReglslrar shall determine
by lot the Bonds and Certificates, or portions thereof, within such maturity to be redeemed, If a Bond and Certificate (or any
portion of the principal sum thereof) shall have been called for redemption and notice of such redemption shall have been given,
such Bond and Certificate (or the principal amount thereof to be redeemed) shell become due and payable on such redemption
date and interest Il::rcan shall cease to acenoe from and after the redemption date provided funds for the payment of the
redemption price and accrued interest thereon are held by the Paying Agent/Registraron the redemption date.
At least 30 days prior to the date fixed for any redemption of Bonds or CcAifeati s or portions thereof prior to maturity, a
written notice of such redemption shall be published once in a financial publication, journal, or reporter of general chculation
among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall
Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter), Such notice also 31141! he
sent by the Paying Agent/Registrarby UnileJ Slates mail, first class postage prepaid, not less than 30days prior to the date fixed
far any such redemption, to the registered owner of each Bond or Certificate to he redeemed at its address as it
appeared on
the 45th day prior to such redemption date; provided, however, that the failure to send, moil, or reccivo such notice, or or any
defect thcrciu or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the j
redemption ofany Bondor Certificate, and it is hereby specifically provided that the publication of such notice as required above
shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bond or Certificates
or portions thereof.
Book•Enlry-Only System ' .
The Depository Trust Company ('DTC'), Ncw York, New York, will act as securities depository fertile Bonds and Certificates.
The Bonds and Ccrtificales will be issued as fully-registered securities registered in the name of Ccde& Co. (DTC9 partnership
norninee). One fullyregimcmd cerlificate will be Issued for each maturity of the Bonds and Certificates in the aggregate
principal amount of such nnturity, and will be depoaied with DTC.
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DTC is a limited-purpose bust company organized under the New York Banking Law, a 'banking Organization" within the
meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning
of the Now York Uniform Commercial Code, and a "clearing agency' registered pursuant to the provisions of Section 17A of
the Securities ExchangcAct of 1974. DTC holds securities that its participants ('Direct Participants") deposit with DTC. DTC
also facilitates the settlement among Participant.. of securities transactions, such as transfers and pledges, in deposited securities
through electronic computerized book-entry changes in Participants' aeeuunle, thereby eliminating the raced for physical
movement of securities certificates. Direct Parlicipsnis include securities broken and dealers, banks, trust companies, clearing
corporations, and certain other organisations. DTC is owned by a numberof its Direct Participants and by the New York Stock
Exchange, inc., the American Stock Exchange, Ine., and the National Association of Securities Dealers, Inc. Access to Iho DTC
system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or
maintain a custodial relationship with a Direct Participant, either dircelly or indirectly ('Indirect Participants'). The Rules
applicable to DTC and its Participants are on I& with the Securities and Exchange Commission.
Pumltsscsof Bonds and Certificates under (he DTC system must be made by or through Direct Participants, which will recoivc
a credit for the Bonds and Certificates on DTC's records. The ownership interest of each actual purchaser of each Bond and
Certificate ('Beneficial Owner') is in turn to be recorded on the Direct and ;ndirect Participants' records. Beneficial Owners
will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written
conlinaimions providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect
Participant through which Use Beneficial Owner entered into the transaction. Transfers of ownership interest in the Bonds and
Certificates are to he accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners.
Beneficial Owners will not receive certificates representing their ownership interests in the Bonds and Certificates, except in
the event that use of the book-entry system for the Bonds and Certificates is discamiuued.
To fucilitalc subsequent transfers, all Bonds and Certificates deposited by Direct Participants with DTC arc registered In the
name of D'i"C's partnership nominee, Ccde & Co. The deposit of Bonds and Certificates with DTC and their registration in
the narne of Cede & Co. effect nn change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of
the Bonds and Certificates; DTC's records reflect only lire Wcntily of the Direcl Participants to whose accounts such Bonds and
Certificates am credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping `
account of their holdings on bchslr of their customers.
Conveyanceof notices and uthercommunications by DTC to Direct Participants, by Direct Padiclpanls to Indirect Participants, f
and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject
to any statutory ur a gulalory requirements as may be in effect from time to time.
Redemption notices shall be sent to Cede & Co. If less than all of the Bonds and Certificates within an issue arc being
redeemed, DTC's practice is to dclernsine by lot the amount of the iruercst of ,:each Direct Partieipam in such issue to be
redccmrd.
Neither OTC nor Cede & Co. will consent or vote with respect (o the Bonds and Certificates. Under its usual procedures, DTC
mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s
consenting or voting ri)quit to those Direct Participants to whose sccuum. an Bonds and Certificates are credited on the record t
date (identified in a listing auached to the Omnibus proxy).
Principal and interest paymcnls on the Bonds and Certificates will be made to DTC, DTC's practice is to credit Direct
Participants' accounts on payable date in accordancewith their respective holdings shown on DTC's records unless DTC has
reason to believe (hat it will not receive payment on payable date. Payments by Participants to Beneficial Owners will be
• governed by standing instruc,ions and customary practices, as is the case with securities held for the accounts of customers in
bearer fans or registered in "street nnme,' and will he the responsibitity or such Participant and rto( of DTC, the Paying
AgcnVRcgisirar or the City, subject to any stal dory or regulatory requircments as may be in effect from time to lime. Payment
of principal and interest to DTC is the responsibitity of the ^ity, disbursement of such payments to Direct Participants shall be
the responsibility of DTC, and disbursement of ouch payments to llre Beneficial Owners shall be the responsibililyof Direct and
Indo"I Panicipanta.
e DTC may diaavninuc providing its services as securities depository with respect to the Bonds and Certificates at any time by • •
giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not
obtained, Bonds or Certificates are required to be printed and delivered.
The City may decidcto discontinue use of the system of bunk-enlry transform through DTC iota successorsCcurities depository).
In (hat event, Bonds or Certificates will he printed and delivered.
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Use ojCertain Terns in Other Sections oflhlr Official Staterrrew. In reading this Official Statement it shouW be understood
that while the Bunds and Cenificatca are In the Hook-Entry-Only System, references in other sections of this Official Statement
to registered owners should be read to include the person for which the Participant acquires an interest in the Bonds and
Certificates, but (i) all rights a( ownership must be excreised through D'fC and the Book-EnlryOnly System, and (ii) except
as described above, notices that are to be given to registered owners under the Ordinance will lie given only to DTC.
Ldormalion concerning DTC and the Book-Entry-Only System has been obtained from DTC and is not guaranleedes to accuracy
or completeness by, and is not to be construed as a represcm alion by the City or the Purchasers.
Paying Agent)Relstrar
The Initial Paying AgenURegistrar Is NationsBank of Texas, N.A., Dallas, Texas. In the Ordinance, the City retains the right
to replace the Paying Agent/Registrar. The City covenants to maintain and provide a Paying Agent/Registrar at all times while
the Bonds and Certificates are outstanding and any sueccr,or Paying AgenURegistrar shall be a commercial hank or trust
company organized under the laws of the Stale of Texas or other entity duly qualified and legally authorized to serve as and
perform the duties and services of Prying Agent/Registrar for the Bonds and Certificates. Upon any change in the Paying
AgenURcgistrar for the Bonds and Certificates, the City agrees to promptly cause a written notice thereof to he sent to each
registered owner of the Bonds and Cerlificstes by United States mail, first class, postage prepaid, which notice shall also give
the address of the new Paylug Agent/Registrar. '
Transfer, Vi rhary(e and Registration
in the cvcni the Book-Entry-Only System should be discontinued, the Bonds and Cerlificstes may be transferred and exchanged
on the registration books of the Paying Agent)Regkimr only upon presentation and surrender thereof to the Paying
AgenllRegiurar and such transfer or exchange shall be without expense or service charge to the regis, w.d owner, except for
any tax or other governmental charges required to be paid with respect to such registration, exchange and transfer. A Bond and
Cenifreste may be assigned by the execuliun of an assignment form an the Bond and Certificate or by other Instrument of
transfer and amigninent acceptable to the Prying Agent/Registrar. A new Bond and Certificate or Bonds and Certificates stdlf
he delivered by the Plying AgenURcgistrar, in lieu of the Bond and Cartificak being transferred or exchanged, at the principal
office of the Paying AgenURcgistrar, or sent by United States mail, first class, postage prepaid, to thu new registered owner
or his designee. To the extent possible, new Bonds or Certificates issued in on exchange or transfer of Bondi or Certificates
will be delivered to the registered owner or assignm of the registered ouster in not more than three business days after the
rcc c i pt of the Bonds and Cer' i ficrtcs to be canccl!cd, and the written instrument of trans Rr or request for exchange duly executed
by the registenad owner or his duly militarized agent, in form satisfactory to the Paying AgeruiRegistrar. New &mds or
Certificates registered and delivered in an exchange or transfer shalt be in any integral multiple of $5,000 for any one maturity
and for a like aggregate principal amount as the Bond and Certificate or Bonds and Certificates surrendered for exchange or
transfer. &A! 'Book-Enlry-Only System" herein for a description of the system to be uNl,zul initially in regard to ownership
and transferability of the Bondi and Certificates.
I,Imitat)ou on Transfer of Bonds and CertlfIcates Called for Redemption
Neither the City nor the Paying Agcnt/Regin car shall be required to transfer or exchange any Bond and Certificate called for
redemption, in whole or in part, within 45 days of the date fixed for redemption; provided, however, such limitalion of transfer
shall not be applicable to an exchange by the registered owner of the uncalled balance of it Bond or Certificate.
Record Date for Interest Payment
• The record date ("Record Dale") for the interest payable on any interest payment dale means the close of business on the last
business day of the preceding month.
In the event of a nee-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such
interest payment (s 'Special Record Date") will be established by the Paying AgentMegislrar, If and when funds for the payment
of such interest have, been received from the City. Notice of the Special Record Date and of the scheduled payment date of the
past due interest ("Special Payment Dale", which shall be IS days after the Special Record Date) shall be sent at least five
business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder
® of a Bond and Certificate appearing on the registration books of the Paying Agcnl/Regisirs r at the close of business on the last • •
business day next preceding the date of mailing of such notice.
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Use of Boad Proceeds
Proceeds from the sale of the Bonds will be used for street improvements, drainage improvements and parks and recreation
improvements.
Use of CertAsile Proceeds
Proceeds from the sale of the Certificates will be used for construction and acquisition of ccrtahi real and personal property for
use in connection with the City's landfill operations, certain facilities and equiprnent related to the Isndilt operations, and for
costs of issuance Associated with the sale of the Certificates.
Sources and Uses of Funds
The programs will be funded approximately as follows:
The Bonds-_
Sources:
Proceeds from the sale of the, Bonds S 1,610,000.00
Estimated Accrued Interest 12.49286
Total sources of funds S 1,622 A99,84
Uses:
Deposit to Construction Fund $ 116101000
Deposit to Debt Service Fund 12.4
Total Uses of Funds S 1.622.499.86
The Condficales _
Sources:
Proceeds from the sale of the Certificates $ 2 000,000.00
Estimated Accrued Interest 15.527.78 ,
Total Soured of Funds S 2.015.327.75
Uses:
Deposit to Construction Fund $ 2,000,000
Deposit to Debt Service Fund 15.527J5
Total Uses of Fuels S 2.015.327,78
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TAX INFORMATION
Ad Vulorem Tux Law
"I'he appraisal of pr,perty within the City is the rerprmsihili(y of the Demon Central Appraisal District (the "Appraisal District"),
Excluding Agricultural and open-space land, which may he taxed on the basis of productive capacity, file Appraisal District is
required under the Propeny Tax Code (o appraise property within the Appraisal District oil the basis of 10096 of its market value
and is prohibited from applying any assessment ratios, When the market value method to appraising certain property is net
appropriate, the cost and income methods are utilized. The value placed upon property within the Appraisal District is subject
to review hp an Appraisal Review Board, consisting of three menhers appointed by the Board of Directors of the Appraisal
District. 'rhe Appraisal District is required In review the value of property within the Appraisal District at least every three
) cart. "flee City may require annual review at its own expense, and is entitled to challenge the determination of appraised value
of properly within the ('if), by petition filed with the Appraisal Review Board.
Reference is made. to the V'fCA, property 'tax Code, for identification of property subject to taxation; properly exempt or which
may he exempted from taxation, if claimed; the appraisal of property for ad valorem taxation purposes; and the procedures and
linutationv applicable to the Iev) and collection of ad valorem taxes.
Article VIII of the Slate Constitution ("Article Vllt") and State law provide for certain exemptions from properly, taxes, the
valuation of agricultural and upon-space lands at produclivily value, And the exemptiun of certain personal property from ad
valurcin taxation.
Under Section 1-1b, Article VIII, and State law, the goverrdng hody of a political subdivision, al its uption, may grant: (1) An
exemption tat not 'css Ulan 53,000 of the market value of the residence homestead of persuns 65 years of Age or older and the
Jisahled from all ad valorem taxes thereafter levied by the political subdivision; (2t An exemption crop to 20% of the market
value of residence homesteads; minimum exemption $5,000. The City grants an exemption to the market value of the residence
homestead of persons 65 years of age or older and who are disabled of $20,000, Ad valorem (axes are not levied by the City,
against the exempt value of residence homesteads for the payment of debt.
State law and Section 2,ArtieeVfII,mandateanadditional property tax exemptionfordiss lcdveteransorthesurvivingspouse
Of children of a deceased veteran who died while on Active duty in the armed forces; the exemption applies to either real or
pcrsomd properly with the amount of assessed valuation exempted ranging from $1,500 to a maximum of 53,000.
Article VIII provides that eligible owners of both agricultural land (Section 1-d) and open-space lard (Section I•d-1), including
uprn-space land devoted it, farm or ranch purposes or open-space land devoted to timber production, may elect to have such
property Appraised for properly taxation on the basis of ils productive capacity. The same land may not be qualified under"
Secwm 1-d And I•d•I.
Noubuciness personal property, such as automobiles or tight trucks, are exempt from ad valorem taxation unless the governing
h~ J, A a political subdivision elects Iu lax this property. Boats owned as nonbusinesspnrpvity are exempt front ad valorem
laxeWn. 3 he City does not tax nonbusinesspersunal property.
Article Vill, Section I-j of the Texas Constitution provides for "freeport property" to he exempted from Ad valorem taxation.
Freeport property is defined as goods detained in Tuxes for 175 days or less for the purpose of assembly, storage,
manufacturing, processing or fabrication. 'the exemption became effective for the 1990.91 fiscal year and thereafter unless
action to tax such progeny has been taken prior to April 1, 1990. Decisions to continue to tax may be reversed in the future;
decisions to exempt ticepon properly are not subject Io reversal. The City has elected not In tax freepon property.
'the City and the other faxing bodies within its territory may agree lojoinlly create tax increment financing zones, uuderwhich
the lax values on properly in the zone arc "frozen" at the value of the properly at the time of creAtion of the znrle. The City ,
also may color inlu tax abatement agreements to encourage economic development. Under the agreements, a property owner i.
agrees to c'.onstrrcl carton Improvements run its property, The City in turn agrees not to levy a tax on ail or pan of the increased 1
value arribli to the imprrventi until the expiration of the agreement, The abatement agreement could last for A period
of up to 10 years. The Cily has Adopted a lax abatement policy but has not entered into any tax abatement Agreements.
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Valuation, EMemptbn and Debt ObliRatbas j
1994-95 Minikes Valuation Eal+4lished by Denton Central Appraisal District $2,104,301,383
Leas Exemptions/Reductions at 100% of Market Valor.:
Residence Homestead Exemptions S 43,065,627 I
Over 65 53,104,272
Disabled or Deceased Vctemns Exemptions 715,543
Agricultural Land ?Jac Productivity 85,921,715
Freeport Exemptlons 44,030.694 226,837,851
Nun Adiustmems at 100% Market Value
Roo Under Protest $ 65,580,745
Supplements 30.018.971 95.599.71 B
1994.95 Taxable Assessed Valuation $1,973,063,250
City Funded Debt Payable from Ad Valorem Taxes (aa of 2.1-95) rn;
General Obligation Bonds S 24,391,730
Tax and Airport System Certificates 100 000
Tax and Utility System Certificates 9,465,000
The Bonds 1,610,000
The C.coilicates _ 2000 0w
Funded Debt Payable (rain Ad Valorem Taxes S 37,566,730
Interest and Sinking Fund (as of 9.30.94) $ 322,763
Ratio General Purpose Funded Debt to Taxable Assessed Valuation , , , , 190%
1990 U.S. Census Population • 66,270
1994.95 Eatimated Population - 69,175
Per Capita Taxable Assessed Valuation - 528,523
Per Capita Funded Debt • $543
I -The above staicmcnt of indebtedness does not include $54,395,000 Utility System Revenue Bonds outstanding, as these
Revenue Bonds are payable solely from and secured by it pledge of the net revenues of the Utility System, as defined in the
oniinances authorizing these bonds.
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Taxable Assessed Valuations by Category
-Taxable Appraised Value for Fiscal Year dM Sutgmbor 30. y
1995 1994- 1993 _
% of % of % of
Category Amount Tote Amount ToigL Amount Total
Real, Residential, Single Family S 968,580,329 46.03% $ 913,545,003 44.96% S 403,747,627 4165%
Real, Residential, Multi-Family 193,628,161 9.20% 181,938,506 8.95% 180,630,180 9,52%
Real, Vacanl Lots(Tracts 43,534,096 2.07% 48,328,006 2138% 55,159,803 2.60%
Real, Acreage (Land Only) 119,269,047 5,67% 125,690,226 6.19% 162,222,511 7.66%
Real, Farm and Ranch Improvements 8,559,437 0.41% 8,709,705 0.43% 8,726,761 0.41%
Real, Commercial and Industrial 391,080,633 18.58% 389,774,887 19.18% 427,345,861 20.17%
Real and Tangible Personal, Utilities 56,564,784 2.69% 55,446,004 2.73% 52,680,138 2,49%
Tangible Personal, Commercial and Industrial 308,157,308 14.64% 296,277,450 14.58% 316,416,406 14.93%
Tangible Personal, Mobile Homes 13,318,599 0.63% 10,826,441 0.53% 91542,935 0.45%
Tangible Personal, Other 1,608,989 0,08% 1,574,070 0,08% 2,276,225 011%
Real Properly, Inventory 0 0.00% _ 0 0.00% 11 0.00%
Total Appraised Value Before Exemptions 12,104,301,383 100.00yc 52,032,110,298 100.00% 52,118,748,447 100.o)%
Less; Total ExemptionslReduclions (226,837,851) (231,002,336) (259,990,227)
Roll Under Protest 65,580,745 59,488,307 32,963,968
Supplements 30,018,973 ^6033,128 20.547.467
Taxable Assessed Value 51.973.063.250 S 1.875.629,397 S 1.912.269.635
Taxable Appraisal Value for
Fiscal Year Ended Sedcmbcr 30,
- 19QL,_ _ 1991 j
%of %of
Catczgrv Amount Total _ Amount Total 1
Real, Residential, Single-Family S 897,879,954 41,57% $ 889,157,742 40.30%
Real, Residential, Multi-Family 177,795,716 8.23% 201,243,529 9.12%
Real, Vicanl Loti(Tracts 64,508,828 2.99% 73,235,459 3.32%
• Real, Acreage (Land Only) 211,612,535 9.80% 232,636,078 10,54%
Real, Farm and Ranch Improvements 9,022,802 0.42% 9,091,509 0.41%
Real, Commercial and Industrial 460,961,610 21.34% 479,823,665 21.74%
Rea( and Tangible Personal, Utilities 54,830,277 2,54% 57,725,243 2,62%
Tangible Personal, Commercial and Industrial 266,853,025 '2.35% 245,740,44n I t.14%
Tangible Personal, Other 12,604,387 0.58% -C- OAO%
Tangible Personal, Mobile Homes 1,562,340 0.07% 14,540,59 0,66%
0 Real Property, Inventory to _ 2.512.154 0,11% 3.411 968 0.15% •
Total Appraised Value Before Exemptions $2,160,143,618 100.00% $2,206,606,231 100.00%
Less- Total Excmlgions/Reductions (263,333,585) (235,670,880)
Roll Under Protest 54,494,457 65,667,934
Supplements 20.994.193 _j ,193.b98
Taxable Assessed Value SI_o72,28 8.683 52.092.796.913
(1) Residential inventory properties in the hands of developers or builders; each group of properties in this category is appraised on the basis of its value
as a whole us a sale to another developer or builder. This category initiated in 1911& For Fiscal Years Ended 9.30.93 and 9-30-94, the Denton Central
Appraisal District does not show these separately. Inventory lots are Included in Real, Vacant Lats7Tmcts category.
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Volualklp and Funded DeM 116tory
Fiscal Ratio Funded
Taxable Funded Debt Tax Debt to
Year Taxable Assessed Outstanding Taxable Funded
Ended Estimated Assessed Valuation at End Assessed Debt
940 Limulation'" VA6WLLr,n'n_ -&r Cavils of Ycar _ V lint 1966 64;180 3;1,443,543,458 pr CauiW
522,387 $23,726,730 1.(4% $368
1987 65,191 1,820,463,940 27,925 27,966,730 1.54% 429
1988 65,623 2,057,864,825 31,359 30,231,730 t.47% 461
1989 66,011 2,136,360,945 32,394 32,071,730 1.50% 486
1990 66,270 :,138,626,212 32,271 32,111,730 1.50% 485
1991 66,470 2,092,796,973 31,485 29,186,730 1.39% 439
1942 66,822 1,972,268,683 29,516 29,706,730 1.51% 445
1993 67,350 1,912,269,655 28,393 31,646,730 1.65% 470
1994 68,650 1,875,629,397 27,323 33,956,730 1.81% 495
1995 69,175 1,973,063.1,10 28,523 33,736,73011) 1,71% 488
I1) City of Urnton planning Department.
(2) Includes aaPPtentcnts.
(3) Projected; includes the Bonsls and Ccnifcalca.
'l'ax Rate, Levy and Collection FFi%tory
Fiscal
Year Disltlbulion _
Ended Tax Oencml Interest and % Current % Total
9.30 __Rjj~:_ FFrod BiaktnL Fund Tax Lcvv COBections Collrclions
1966 $0.5900 $0.3924 $0,1976 S 8,516,906 95.86% 98.54%
1987 0.5900 03702 0,2198 10,740,737 96.97% 99.74%
1987 0.5928 0.3884 0.2044 12,199,023 96.30% 98.87%
1o '.J 05928 0.3763 0.2165 12,676,204 97.)1% 10061%
1990 0.6183 0.4097 0.2086 13,223,126 96.60% 99.15%
199; 0.6551 0.4361 0.2170 13,709,913 97.26% 98.75%
1992 0.6851 04690 0.2161 13,512,150 97.71% 99.95%
1993 9.7180 0.4941 0.2239 13,730,096 97.95% 100.43%
1994 0.7479 0.4913 0.2566 14,027,832 98.50% 99,89%
1995 05609 0.3154 0.2455 11,066,912 In Prrcess of Collection
Property within the City is asses sedas of lanusry 1 of each year (except for business inventory which may, at the option of the
tax layer, be asscs%edas of September 1); taxes becomcduc October I of the same year, and become delinquent on February
of Uic following year. Split payntenls arc not permitted. Discounts are not allowed, Taxpayers 65 years old or older are
p crinkled by State law to pay taxes on homesteads in four irStAlhnents with the first duc nn February 1 of each year and the
Anal installment d.re on August 1.
Chnrgcs for penalty and interest on the unpaid balance of delinqucnl taxes are made as follows:
Maa!b Penalty Interest Sgg1
February 6% 1% F%
March 7% 2% 9%
Apnl 8% 3911 I1%
• May 9% 4%. 13%
June 10% 5% 15%
July 12% 6% 18%
After July, penalty remains at 12%, and interest increases at the rate of 1% each month. In addition, fart account is delinquent
in July, a 15% attorney's collection fee is added to the ton; (ax penalty and interest charge. UndersvAain circumstances, taxes
which become delinquent on the homestead of a taxpayer 65 years old or older incur a penalty of 8% per annuus with no
additional penalties or interest assessed In general, property subjat to the City's Not may be sutd, in whole or in parcels,
pursuant to coun older to collect the amounts duc the City and all other taxing entities. Federal law does not allow for the
A c. Ileclion of penalty and Interest against an estate in bankruptcy. Federal bankruptcy law provides that an automatic stay of •
action by creditors and other entities, ire ltiding governmentaIunits, goes into effect with the filing of anypAilion in bankruptcy.
The automatic stay prevents governmental units front foreclosing on pmpeny and prevents liens for poxp-pelitiun taxes from
a0aching to property and obtaining sccural creditor status unless, in eitherease, an order lifting the slay Is obtained from the
bankruptcy court, In many cases posPprtition taxes are paldaa anadministrativccxpenscoflhe estate in bankruxeyor by order
of the hankrulxcy court.
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The Financial lns!,,utions Reform. Recovery and Enforcement Act of 1989 (FIRREA), coacld on August 9, 1989, contains
certain provisions which affca the time for protesting Properly valuations, the fixing of tax liens and the collection of penalties
and interest r ; delinquent taxes on real pnperty owned by the FDIC and the RTC.
Under FIRRF-A, real property livid by the FDIC or RTC is still subject In ad valorem taxation, but (i) no real properly of the
FDIC or RTC is suhjcct to foreclosure or sale without the consent of the FDIC or RTC and no involuntary lien will attach to
such property, (ii) the FDIC or RTC is not liable for any penalties or lines, including those arising from the failure to Pay any
feat property tax when due and (iii) notwithstanding the failure of a person to challenge an appraisal in accordancewith Statc
law, such value will he determined as of the period far •Ahich such tax is imposed.
Ten Largest Taxpayers
1994195 % of Total
Taxable Taxable
Asscsced Assessed
Name of Tasaver Nature of Property _ Valuation Valuation
Petcrbilt Motors Company Dicsd Trucks $ 45,426,728 2?0%
General Telephone Company Teleplwne, Utility 38,573,829 1.96%
Tetra Pak Packaging Manufacturing 35,003,705 07%
NolamilLifemarklEpic DcOEpic ProplDcolon Reg. Hospital and Professional Building 24,1`58,748 1.26%
Texas Inslrumcols Electronic Manufacturer 18,593,345 0.94%
Golden Triangle Mall Shopping Mall 16,604,513 0.84%
Andrew Corporation Electronic EquiPmcm 15,825,541 0.80%
First Texas Medical Hospital and Professional Building 12,193,934 0.62%
Acme Brick Co. Brick Manufacturer 11,878,54B 0.60%
Safety Klccn Corp. Recycled Industrial Solvents 11,717.441 0.59%
230676,3,1168%
')'ax Rate Limitation
All taxable property within (lie City is .mbject to the assessment, levy and collection by the City of a continuing, direct annual
all valorem tax sufficient to provide fcr the payment of principal of and interest on all ad valorem tax debt within the limits
prescribed by law. Attica, XI, Section 5, of the Texas Constitution is applicable to the City, and limits its maximum Ad valorem
tax rate to $2.50 per $100 Assessed Valuation for all City purfwses. The City op.ratcs under a Home Rule Charier which
adopts the constitutional provisions.
By each September I or as sown thereafter as practicable, the City Council adopts a tax rate per 5100 taxable value for the
current year. The tax rate consist& of two components: (1) a rate for funding of maintenance and operation expenditures, and
(2) a rate for debt service.
Under the Tax Code:
The Cily must annually calculate and publicise its "effective tax rate" and "mliback tax rate'. The City Council may not adopt
a tax rate that exceeds the lower of the rollbrck tax rate or 10391c of the effccuvc tax rate until it has held a public heating on
the proposed increase following notice In the taxpayers and otherwise complied with the Tax Code, If the adopted tax rule
vxcwds the rollback lax rate the qualified voters of the City by petition may mquire that in election he held to determine
whether or not to reduce the tax rate adopted for the current year to the rollbavk tax rate.
'Effective tax rate" means the rate (hat will produce lost year's total tax levy (adjusted) from this year's petal taxable values
fadjustcd), "Adjusted" mcans lost values are not included in the calculation of last year's taxes and new values are not included
in This year's taxable values.
• 'Rollback tax rate' mcans the rate that will produce last year's maintenance and operation tax levy (adjusted' f,)m this year's
values (adjusted) multiplied by 1.08 plus a rate that will produce this year's debt service from this year's values (unadjusted)
divided by the anticipated tax collection rape. 'j
The Tax Code provides that certain cities and counties in the State may submit a proposition to the voters to suit D674 an
additional onrhalf cent sales lax on retail sales of taxable items. If the additional lax is levied, the effective tax rate and the
rollback tax rate calculations are required to be offset by the revenue that will be generated by the sales tax in the current year. i
The City does not collect the additional one-half cent sales tax.
• 1 efervncc is made to the Tax Code for definitive requirnnents for the levy and collection of ed valorem taxes and the calculation • •
of the various defined tax rates,
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Us4r1 Semice Requirements
Fiecel
Year
En,fi or
n8 OwaU riding Bond, This $1,610,000 Issue This $2,000,000 lime Grsnd Total Principal
9130 - principal Inlcreet Tuiel Principal Wercrl(1) Principal Inkreel (1) Requirements Retired
1995 S 3,930,000 S 1,771,639 S 5,601,639
1996 4,255,000 1,483,920 5,738,920 S 5,601,639
S 156,975 S 195,000 6,090,895
1997 3,965.000 1,245,652 5,210,652 S 60,000 102,050 S 55,000 128,213 5,575,915
1998 3,595,000 1,030,904 41625,904 80,000 96,850 60,000 124,47S 4,987,229
1999 3,180,000 838,597 4,018,597 80,000 91,650 65,000 120,412 4,375,659 51.21%
2000 1.885,898 1,758,779 3,644,587 80,000 86,450 65,000 0
2001 1,776,700 1,514,669 3,29),369 80, 116,188 3,5 ~y
000 6!,250 70,000 1111800 3,634634.,41419 K1
3003
2001 1,748,728 (,426,359 3,175,087 80,000 76,050 75,000 !07,087 3,513,224 i~
1,677,457 1,328,480 3,005,937 80,000 70,850 80,000 z
102,050 7,338,837 hGJ
°J 2004 1.533,017 1,034,622 2,567,659 80,000 65,650 85,000 96,688
2,894,997 76.24%
2005 1.265,000 346,355 1,611,955 80,000 60,450 95,000 90,937 1,917,642
2006 110?5,000 284,106 1,309,106 80,000 55,250 100,000 84,500 1,628,856
2W1 !,020,000 227,483 1.24 7,483 2 90,000 J9,725 105,000 77,837 1,570,045
008 790,000 169,138 959,138 9,000 4.1,875 !15,000 70,687 1,278,700
2009 595,000 130,998 725,998 90,000 38,025 120,000 63,050 1,031,073 91.31%
2010 455,000 101,688 556,688 90,000 • 32,115 130,000 54,925 863,788
2011 470,000 75,688 545,688 90,000 26,325 135,0M 46,312 843,325
2012 490,000 48,813 538,813 90,000 20,475 145,000 37,211 831,301
2013 270,000 20,750 290,750 90,00X1 14,625 155,000 27,463
2014 130,000 6,500 136,500 90,000 8,773 165,000 571,838 1
17,063 417,338 99.28%
90,000 2,925 180,0M 5,850 278,775 !00.00% '
• 533,956,730 $14,845,140 $48,801,870 51,610,000 $1,180,400 $2,000,000 $1,677,650 55419911145 •
(k) Inge rest ctlculsted at the rate of 6.50% for PurPoses of iI lu.tution.
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Assessed Valuations, Tar Rates, Direct and Overlapping Funded D.bt Payable. From Ad Valorem Taxes
and Aut;;orized Hal Unissued Bonds of Overlapping Taxing Jurisdictions
1994195 City's Authorized
Taxable 1994195 Estimated Overlapping But Unissued
Assessed Tax Total % Funded Debt Debt As of
Taxing Jurisdiction Valuation Rate FundedQebt Avplicable As of 2-1•95 2-145
City of Denton S 1,973,063,250 $0.5609 $ 37,566,7301" 100.00% S 37,566,730 S 3,707,000 x
Denton Independent School District 2,302,532,497 1.5277 40,705,000 88.04% 35,836,682 •0-
Denton County 10,739,600,223 0.2899 38,920,000 20.42% 7,947,464 18,425,000
Argyle Independent School District 176,466,358 1.5523 3,088,000 1.84% 56,189 -0-
Krum Independent School District 86,907,735 1 4800 2,930,000 0.59% 17,287 4 t
Tidal Direct and Overlapping Funded Debt $ 81,424,352 R
ipp
Ratio of Dircct and Overlapping Funded Debt to Taxabta Assessed Valuation . . . . . . . . . . . . . . . 4,13go 9
Per Capita OverlappinS Funded Debt . . 51,177
(1) Includes the Bonds and Certificates,
• Expenditures of the various faxing bodies within the territory of the City are paid out of ad valorem taxes levied by these taxing bodies on properties within the City.
These
political taxing bodies arc independent of the City and may Incur borrowings to finance their expenditures, This statement of direct and estimated overlapping ad valorem lax
bonds was developed from information contained in 'Texas Municipal Reporls' published by the Municipal Advisory Council of Texas. Except for the amounts relating to the
City, the City has not indepcndenlly verified the accuracy or completeness of such information, and no person should rely upon such information as being accurate or eomptete.
Funhenuote, certain of the entities listed may have issued additional bonds since the dale stated above, and such entities may have programs requiring the Issuaneeof subslar ial
amounts of additional bands the amount of which cannot be determined. This table reflects the estimated share of overlapping funded debt of the Clty.
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Interest and Sinking Fund Budget Projection r
Budgeted General Purpose Debt Service Requirements, Fiscal Year Ending, 9.30-95 . . . . . . . $ 4,978, Igo
Interest and Sinking Fund, 9-30-94 $ 322,769
Budgood 1994.95 Interest and Sinking Fund Tax Levy , , . , , , , , , 4,651,307 {
Budgeted Transfers _ 155.000 5.129.070 t
Estimated Balance, 9.3493 $ 150,886
Authorized But Unissued General Obligalkrn Bonds
Amount Amount
Date Amount Heretofore Being Unissued
Rsmnc Authorized Authorized Issued Issued balance
Street and Traffic Improvement 12-13.86 S 7,736,000 $ 4,179,000 S 885,000 $2.472,000
Drainage Improvements 12-13.86 3,466,000 3,191,000 275,000 0
Parks 12-13-86 5.950 000 4.100.000 _ 430.000 1.400,
117,132, 1 670 6 0 000 g72
Anticipated Issuance of General Obligation Bonds
The City does not anticipate the issuance of additional general obligation debt within the next twelve month period.
Funded I1ebt Limitation
No direct funded debt limitation is imposed on the City under current State law or the City's Hume Rule Charter. Article XI,
Scclion 5 of the Texas Constitution pa applicable to the City, and limits its maximum ad valorem tax rate to $2.50 per $100
asscmcd valuation for all City purposes. The Home Rule Charter of the City limits its tax rate to $150 per $100 Assessed
Valuation for all City purposes.
Other Obligations
i
The City's capital leases amounted to $751,324 as of Scldember 30, 1994,
Pension Fund
Tessa Menk,lpaf Rrlirrmrm Plan
The City provides pension benefits for all of its full-time employees (except ftrefghtera) through a nunlnditional, joint
con abound, e1cfined contribution plan in the start-wide Texas Municipal Rctircmenl Syslem (TMRS) an agent multiple-crnp)ayer
public employee retirement sysic,n.
Plan members can retire at ages 60 and above with 10 or more years of service or with 25 or more years of service regardless
of age. The plan also provides death and disability benefits. A member is vested after 10 years, but must leave accumulated
contributions in the plan.
• The vom,Otution rate for the cinpioyces is 6%, and the City matches this amount, both as adopted by the governing body of the
City. Under the slate law governing TAIRS, the City contribution rate is annually docrtnincd by the actuary. Currently, the
unfunded actuarial liability is ,.cmg amortized over the 25-year period which began January, 1994.
The City's total payroll in fiscal year 1994 was $28,165,189, and the City's coairibulions were based on a payroll of
$23,501,218. Both the City and the covered employees made. the required contributions, amounting to $1,611,637 (5,12% of
covered payroll for the months in calendar year 1993, 4,38% normal cost plus 0.74% to amortize the unfunded actuarial liability,
and 7.01% for the months in calendar year 1994, 5.79% normal cost plus 1,22% In amortise the unfunded actuarial liability)
• for the City and $1,348,841 (6%) for the employees. The City adapted changes in the plan since the previous actuarial
val"Gri, which had the effect of increasing the City's contribution rate for 1994 by 1.41% of payroll. There were no related. {
party transactions.
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Pension Bear)U ObUgafon
Annuitants eurreully receiving benefits S 2,814,431
Terminated employees 1,767,213
Current employees;
Accumulated employee contributions including
allocated invested earnings 11,977,599
Employer- financed vested 15,906,821
Employer-financed nonvested 4,833.3
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Tout SS 37
Net assets available for benerrts. at book value S 28,858,450
Unfunded pension bereft obligation $ 8,440,974
The book value of sasets is amorti%Cd coat for bonds and original coat [of short-term securities a d alocki. The actuarial
assumptions used to compute the actuarially dctermlrod City contribution rate are the carne as thole used to computes the person
benefit obligation. The numbers above reflect the adoption of changes In the plan since the previous actuarial valuation, which
had the effect of increasing the pension benefit obligation by $1,511,165. Soo 'Appendix a - pension Plans' for a complete
description of the Pension Fund.
Fireman's Relief and Rellremene Plan
no City provides pension benefits for All Civil Service employees of the Plro Department through a demoted contribution plan.
In a dented contribution plan, benefits depend solely on amounts contributed to the plan plus investment earnings. Piro
employees are required to become a member as a condition of employment. An emptoyea becomes fully vested after 20 yam
of credited service. City contributions for, and Interval forfeited by, employees who lave employment before vesting are
redistributed to plan participants.
The City's total Fire Department potion of payroll in fiscal year 1994 was $3,736,105. Both the Cly and the covered
employees made the required contribution (9.0% for 1993 and 1994), amouMing to $332,995 from each source or 5665,9/,
In total.
Defured Compenratlon Plan
The City offers its employees a deferred compensation plan created in accordance with Intornal Revenue Code Section 457.
The plan, available to all permanent City employees, permits them to defer, until future years, up to 25% of annual gross
earnings not to exceed V.500, The deferred compensation Is not available to employees until termination, retirement, death,
or unforeseeable ernergencj.
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FINANCIAL INFORMATION
General Fund Revenues and Expenditures
Revenues: For Fiscal Year -ember 30,
1994 E993 14@2_ 1991 _ 1990
Taxes Licenses $ 17,105,835 $ 16,630,257 S 15,571,920
Licenses end permits $ 15,352,181 $ 15,223,834
Franchise Fee 418,693 358,519 293,621 243,070 261,080 Fines and Forfeitures 777,025 722,881 750,487 614,940 577,186 Pecs for Service 1,195,427
1,313,157 1,037,717 985,532 1,257,651
1,025,766 884,129 821,125
Interest Revenue 660,389 896,275
410,394 587,293 378,158 636,706 568,677
Intergovernmental 489,901 478,314 327,038
Miscellaneous 501217 x70 303,724 454,936
Transform in 8.155072 ,448 428,934 805,885 745,647
Total Revenues 2,678.93 5 6,939.544 7.001 400
30 09 0 29 07 750 7955
6 g 6 q6 r
Expenditures:
General Government S 10,272,564 $ 9,381,080 $ 9,843,947 S 8,969,273 $ 8 982 092
Public Safely 13,783,248 l1,497,2E3
Public Works 11,310,593 10,840,324 10,078,851
4,107,816 4,270,662 4,368,116 4,513,362 4,228,457
Parks and Recreation 2,405,557 2,347,584 2,317,244
Capital Outlay 420,981 266,394 2,247,959 2,159,350
Transfers On] ,394 343,619 182,938 420,923
117 621 56 771 201.146 2 9 541.101
Total Expenditures 29,109.00 7 S 27.9W1 H L28,386.60 7 245,"4.382 ~ 26 410,97
Excess (deficiency) of Reverues
Over Exlxnditures $ 973,323 S 1,152,046 $ (698,712) $ (232,411) S 575,912
Proceeds of Long-Tenn Debt -0. -0- 104,990
Beginning Fund Balance E56 -0-
Beginning
Fund Aalanrc 3.231.874 - 3 079.826 4,673.M 4,750.04 4.174.133
6,205,197 L-5 7~q $ 1079-82 S 4 = 4.750.04
Muniripal Sales Tax Ilialory
The City has adopted the Municipal Sales and Use Tax Act, VATCS, Tax Code, Chapter 321, which grants the City the fmwet
to impose and Icvy a I % Local Sales and Use Tex within the City; the proccc.Js arc credited to the General Fund and arc not
pledged to Ntc payment of the Bonds or Certificates. Collections and cnforcemema are efrected through the ufrices of the
Comptroller of Pubbe Accounts, State of Texas, who remits the proceeds orthe tax, after dahretion of a 2% service fee, to the
City monthly. Rcyeuac from [his source, for the years shown, has been:
Fiscal
Year % of Equlvalent of
~x Ended Total Ad Valorem Ad Valorem Per
9.30 Collerled Tax Levy Tax Rata C_ anile
1985 $4,612,202 67,74% XJ998 $ 76.25
• 1986 4,475,727 52.55% 6 3100 73.73
1967 4,424,233 41.24% 0.2433 67,34
1988 4,646,377 38409% 0,2238 69,35
1989 51029,001 39.67% 0.2352 73,36
1990 5,161,382 39.03% 0.2413 74.50
1991 3,342,818 38,97% 0.2553 80,38
1992 5,536,604 40.98% 0.2807 8446
1993 6,311,913 45.97% 013301 93,72
• 1994 6,962,105 49.63% 0,3712 101,41
(I) Based on c.elimaleJ or U. S. Census population for all years,
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Financial Policies
Basis of Accounting . , The accounting policies of the City conform do generally accepted accounting principles of too
Governmental Accounting Standards Board and program standards adopted by the Govemmend Finance Officers Association of
the United Stales and Canada. The GFOA has awarded a Certificate of Achievement for Excellence in Financial Reporting to
the City of Denton for each of the fiscal years ended September 30, 1983 through Sepstember 30, 1992. The City's current
report has been submitted to GFOA to determine its eligibility for another Certificate. a
The City has also received the GFOA'S award for Distinguished Budget Presentation for its 1992 annual appropriation budget,
receiving its higucsl rating to date. The City has submitted its 1993 budget to the GFOA to deternime its eligibility for another
Certifieste. The City has also received the specially notable classification as a communication document.
The measurement focus" for the Enterprise Funds, Internal Service Funds and Nonexpendahle Trust Funds arc income
determination and cost of service, respectively Accordingly, the accrual basis, whereby revenues and expenses are identified
in the accounting period in which they AN carnal and incurred and net income, is utilized for these funds. The modified seems]
basis, whereby revenues am recognized when they become both measurable and available for use during the year and
exprnPurcs am recognized when the related fund liability is incurred, is used for all other funds.
Budgetary Procedures. As limsenbed by City Charter the City htaungcr, at least 60 days prior to the beginning of each fiscal
year, submits to the City Council a proposed budget for the fseal year beginning the following October I. The budget includes
proposed expenditures and revenues required to fund the cxlxnditures. Following Council considerations, amendments and
refinements, a public hearing is ordered and conducted for the purpose of obtaining taxpayer comments. The budget is finally
approved and adopled by passage of an ordinance by the City Council prior In the beginning of the fiscal year. The budget is
adolacd on a basis consistent will, generally accepted nccuunting principles,
INVES'mEN'f5
The City invests its invcsubl( hinds in invesdnscnis authorized by Texas law in accordance with investment policies approved
by the City Council of the Cmy. Both mate law and the City's investnent policies are subject to change.
Legal Invesarmmcmt , Under current Texas paw, the City is ednlmrized to invest in (1) obligations of the United States or its
nsstrunsentalilics, (2) dircet obligations of the Slate of Texas or its agencies, (3) collateralized ntongage obligations directly
issued by a federal agency nr instrumentality of the United States, the underlying security for which is guarandecdbyan agency
or instrunmenmlidg of the Uniled States, !4) other obligations , the principal of and interest kill which sic unconditionally
guarantccd or insured by d c State of Texas or the United States or its insanimenla[uics, (S) obligations of states, agencies,
coumics, cities, and other political sul4visions of any state that are rated A or higher by a nationally recognized investment
riling agency, (6) certifttwles of depsosii that are guarantccd or insured by the Federal Deposit Insurance Corporation or are
secured as to principal by obligations described in the preceding clauses or in any other manner and amount provided by law
for City deposits, (7) fully collateralized repurchase agreements dust have a defincd termination date, are fully secured by
obligations described in clause (1), and are placed through primary government securitiesdealcror a bank domiciled in the State
of Texas, (8) a bankers' acccptauces alum the remaining tern of 270 days or loss, if the short-tens obligations of the accepting
bank or ids parent are rated at least A-I or P-I or the equivalent by at past one nalionnlly recognized eredil rating agency, (9)
cnnuncrcial paper that is rated at least A-1 or RI or the equivalent by ciduer (a) two nationally recognized credit rating agencies
or tb) one nalionslty recognized credit rating agency if the paper is fully secured by an irrevocable teller of credit issued by a
ll.S, or slate bank, (10) no-load money market mutual funds registered with dire Securities and Exchange Commission that have
n dollar weighted average portfolio mnlurily of 90 days ur less, invest exclusively in the foregoing obligations, and include in
their investment objectives die rusintennoce of a stable net asset value of $I For each share, (11) bonds issued, assumed, or
• guarmlced by the State of Israel, and (12) a qualified common trust fund or comparable invesim"t device that Is owned or f
administered by a Tcxas-domicilcd bank and consists exclusively of obligations described above. The City may Invest In such
oh)igalions directly of Through govcmntent investment pools that invest solely in such obligations,
nvcgr cod Policies Under Texas law, the City is required to invest its funds underwritten investment policies that primarily
emphasize safety of principal and liquidity and that address investment diversification, yield, maturity, and the quality and
capability of investmncnl management, and all City funds must be Invested in investments that protect principal, are consistent iI
• with the oleraling requirements of the City, and yield the highest possible rate of mtum. Under Texas law, City investments I • •
nmust be made "with judgement and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence
would exercise in the management of the person'sown affairs, nut rot speculation, but for Investment, consideringlhe probable
safety of capital and the probable income to be derived' No person may invest City funds without express written authority
from the City Council or chief executive officer of the City.
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The City's investment Policy provide the guideiirspes used to in intain the minimum amount of cash in its bank accounts to meet
daily needs, and to protect its principle while receiving the highest yield possible from investing all temporary excess cash. The
policy was adopted during the spring of 1987 pursuant to the provisions of the public Funds Investment AM of 1987, as
amended, Article 842a-2, Vermin's Texas Civil Statutes. The Investment Policy was later amended in August of 1990.
There are three objectives which the Investment Policy addresses, The primary objective of tho iro,vunem policy is to preserve
the capital in the overall portlidio. Each investment transaction seeks to first ensure that capital fosses are avoided, whether
they he from securities defaults or erosion of market value. The second objective is to maintain sufficient liquidity to meet the
City's needs and the final objective is to obtain the highest yield on investments within the above limitations. The day to day
investment activities are performed by the City's Director of Fiscal Operations. However, an Investment Committee cmhsisting
of the City Manager, Executive Director of Reprice, Director of Fiscal Operation, and two council members determine the
general investment strategy for the City. The City's investment policy also limits the City to the following investments:
• U.S. Treasury Securities (maturing in less than five years);
• Short term obligations of U.S. Government agencies (maturing less than two years);
• Futly insured or uollatemlited certificates of dcry:os,i at commercial banks domiciled in Texas (maturing in less than
one year);
• Repwchase agreements collateralized by U.S. Treasury securities from banks domiciled in Texas and primary
brokers/dealers, as provided in the Public Securities Association (PSA) Master Repurchase Agreement (maturing
in less than thirty days);
• Other such securities or obligations permitted by Federat and State law and approved by the Investment Committee.
It is the Policy of the City of Denton to diversity, its investment portfolio. Diversification protects interest income From the
volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector; therefore, portfolio iO
matunties are .staggered. Securities are afro selected which provide for slahility of income. It is the responsibility of the
Investment Committee to estahlish strategies and guidelines for the percentage of Vital portfolio that may he invested in U.S.
Treasury Securities, U.S. Government agencies, repurchase agreements, insuredlcolleleralized certificates of deposit and other
securities or obligations,
Current Investments As of 2.1.95, the following percentages of the City's invertible funds were invested in the fallowing
"ategones of investments, and the avenge remaining term of such investments was 18 months:
Par Percentage
U.S. Treasury Securities S 49,050,000 48.61%
U S. Agemy Securities 45,350,000 44.95%
Municipal Securities 6,500,000 6.44%
Municipal Pools _ 0 0,00%
Y, C [00,900,000 100.00%
p As of such date, the market value of such investments (as determined by the City by reference to published quotations, dealer
bide, and ComParable information) was approximately 97.62% of their book value. No funds of the City are invested in
derivative securities, i.e., securities whose rate of return is determined by reference to some other instrument, Index, or
• commodity.
'i'u Prevent the possibility of loss of resources, the City attempts to identify and limit exposure to market price risk and default
risk. The City also avoids being invested in a manner which is contrary to applicable federal and suite regulations. Risk of
market price volatility is controlled through maturity diversification such that aggregate price losses on instruments with
maturities exceeding one year shelf not be greater than coupon iruarest and investment Income received from the balance of the
portfolio. Default risk is controlled through internal procedures and controls. The use of it third party safekeeping agent and
a delivery versus payment system control this risk.
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TAX MATTERS
Opinion
On the date of initial delivery of the Bonds ondCertilicstes, McCall, Parkhurst& Itnrxon L.L.P., Dallas, Texas, Bond counsel,
will render its opinion that, in accordance wish stalules, regulations, published rulings and court decisions existing on the dale
thereof, (1) interest on the Bonds and Ccrtifcates for federal Income tax purposes will he excludable from the 'gross income'
of the holders thereof and (2) the Bond and Certificates will not be Ircaled as 'private activity bonds' the interest on which
would be included as an alternative minimum tax preference item under section 51(a)(5) of the fntcmal Revenue Code of 1986
(the 'Code'). Except as stated above, Bond Counsel will express no opinion as to any other federal, state or local lax
consequences of the purchase, ownership or dis)sosition of the Bonds and Certificates. See Appendix C - Form of Opinion of
Bond Counsel.
In rendering its opinion, Bond Counsel will rely upon (a) the City's no-arbitrage certificate, and (b) covenants of the City with
respnt to arbitrage, the application of the proceeds to be received rroti the issuance and sale of the Bonds and Certificates and
certain other manors. Failure of the City to comply with these represent ations or covenants could cause the interest on the Bonds
and Certificates to become includible in gross income retroactively to the date of issuance of the Bonds and Certificates.
Thu law upon which Bond Counsel has based its opinion is subject to change by the Congress and to subsequent judicial and
administrative integrtelation by the courts and the Depmdmentof the Treasury. There can be no assurance thnt such law or the
interpretation lhercofwill not he changed in a manner which would adversely affect the lax treatment of the purchase, ownership
or disposition of the Bonds and Certificates.
F'sderaf Income Tax Areounting Treatment of Original Issue Diwount
I'he inilial public offering price to be paid for one or more maturities of the Bonds or Certificates (Ihe "Original Issue Discount
Bonds' ur 'Original Issue Discount Certificates') may be less than the principal amount thereor. In such event, the difference
betwven (i) the amount payable at the matunty of each Original Issue Discount Bond or Original Issue Discount Certificate, and
(ii) the initial uttering price to the public of such Original Issue Discount Bond or Original Issue Discount Certificate would
ennstlune unginal issue discomN with respect to such Originat Issue Discount Bond or Original Issue Discount Cenifivale in the
hands of any owner who has purchased such Oi,ginal fssu: Discount Bond or Original Issue Discount Certificate in the initial
public offering of the Bonds or Ccrtiricales. Under existing law, such initial owner is entitled to exclude from gross incorne
(as defined in section 61 of the Code)an mnounl of income with respect h) such Original Issue Discount Bond or Original lasuc
Discount Certificate equal to that portion Of the amount of suchoriginal issue discount 111100blc lu the period that such Original
Issue Discount Bond or Original Issue Discount Certificate continues to he owned by such Owner. For a discussion orcerum
collateral federal tax consequences, see discussion set forth below.
In the event of tlnc redemption, sale orothertaxaW disposition of suchOriginal Issue Discount Bond or Original Issue Discount
Certificate prior to slated malurit), however, the amount realized by such owner in excess of the basis of such Original Issue
Discount Bond or Original Issue Discount Ceniricate in the hands of such owner (adjusted upward by the portion of the original
issue. discount atocable. to the penud far which such Originul Issue Discount Bond or Original Issue Discount Certificate was
held by such initial owner) is includable in gross income.
Under exisling law, lie original issue discount on each Original Issue Discount Bond or Original Issue Discount Certificate is
accrucd daily to the staled maturity thereof (in amounts calculated as described below for each six-month period ending on the
date before the semiannual anniversary dates of the date of the Bonds and Certificates and ratably within each such six-month
. period) and (lie accrued amount is added to an initial owner's basis for such Original Issue Discount Bond or Original Issue
Discount Certificate for purposes Of dctenniningthe arnounl of gain or loss rccogniud by such owner upon the redemption, sale
or other disposition thereof. The amount to be added to basis for each accrual period is equal to (a) Ilse sum of the issue price
and the amount of original issue discount accrucd in prior periods multiplied by the yield to staled maturity (determined on the
hasis of compounding at the close Of each accrual period and properly adjusted for The length of the accrual period) less (b) the
amounts payable as current interest during such accusal period on such Bond or Certificate.
The federal iu..mte tax consequences of the purchase, ownership, redemption, sale or other disposition of Original Issue '
Discount Bonds or Original Issue Discount Certificates which are not purchased in the initial ofrcring at the initial offering price
may he determined according to rules which differ from those described above. All owners of Original Issue Discount Bonds
or Original Issue Discount Certificates should consult their Own tax advisors with res)oct to the determination for federal, state
and local income lax purposes of the Ireatmcnl of interest accrued upon redemption, sale or other disposition of such Original
Issue Discount Bonds or Original Issue Discount Certificates and with respect to the federal, state, local and foreign tax
cnnscqucnccs of the purchase, ownership, redemption, sale or other disposition of such Original Issue Discount Bondi or
Original Issue Discount Carlilicales.
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Collateral Federal Income Tex Cons,,quencan
The following discussion is a summa,y n( certain rnllaterd feted income tax omnaegetencea resulting from the purchase,
nwhhership or dispa+sitio+n of the Bnmis and Certificates. This dinussirn is based on existing statutes, regulations, published
rulings and court decisions, all of which are subject to change or modification, retroactively,
The following discussion is applicable to investors, other than those who are subject to special provisions of the Code, such es
financial institutions, property and casualty insurance companies, life insurance companies, individual reripiems of Social
Security or Railroad Retirement benefits, certain S corporations with Subchapter C earrings and profits and ta, payers who may
he deemed to have incurred nr comirnud indebtedness to purchase tax-exempt obligations,
INVESTORS, INCLUDINO THOSE WHO ARE SUBJECT TO SPECIAL PROVISIONS OP THE CODE, SHOULD
CONSULTTHEIR OWN TAX ADVISORS AS TO THETAX TREATMENT WHICH MAY BE ANTICIPATEDTO RESULT
FROM THE NURC(IASE. OWNERSHIPAND DISPOSITION OP TAX•EXEMPTOBLIOATIONS BEFORE DETERMINING
WHETHER TO PURCHASE THE BONDS AND CERTIFICATES.
Interest rn the Bonds and Certificates will be includable as an adjustment for "adjusted earnings and profits" to calculate the
alternative minimum tax imposed on corporations by section SS of The Code. Section 55 of the Code imposes a tax equal to
20 percent for corporations, or 26 percent for noncorporale taxpayers (28 percent for taxable income exceeding $175,000), of '
the taxpayer's "alternative minimum taxable income," if the amount of such alternative minimum lax is greater than the
taxpayer's regular income tax for the taxable year.
Interest on the Bonds and Certificates is includable in the r regulated investment company or a real estate investment trust) for wml poses m of dtaxable income of a corporation
l (other than i
by section 59A of the Code. Section 59A of the Code imposes on a corporation nvironmentengl the tax, tax {moused
income tax imposed by the Code, equal to 0.12 percent t o of the excess of :v a mc moxtfih e, in addition to any other
Bed alternative minimum taxable income of
such roupantion for the taxable you over $2,000,000.
Interest on the Bonds and Certificates may be subject to the "branch profits tax" imposed by section 854 of the Code on the
effectively-connected earnings and profits of a foreign corporation doing business In the United States,
Umkr section 6012 of the Code, holders of ax-exempl obligations, ouch ar the Bonds and Certificates, may be required to
disclose interest received or accrued during each Useable year on their returns of federal income taxation.
Section 1276 of the Code provides for ordinary Income Ut treatment of gain recognized upon the disposition of a tax-exempt
obligation, such as the Bonds and Certilicales, if such obligation was acquired of it "market discount" and If the fixed maturity
of such obligation is equal to, or exceeds, one year from the date of issue. Such treatment applies to "market discount bonds"
to the extent such gain does not exceed the accrued market discoum of well bonds; although for this purpose, a de rrdnimis
amount of market discount is ignored. A "inarket discount bond" is ono; which is acquired by the holder at a purchase price
which is less than the stated irdemption price at maturity or, in the case of a bond issued as an original issue discount, the
"revised issue price" (i.e., the issue price plus accrued original issue discount). The 'accrued market discount' is the amount ~
which bears the same ratio to the market discount as the number of days during which the holder holds the obligation hems to
the number of days between the acquisition date and the final maturity date.
Slate, Local and Forum Taxes
Investors should consult their own tax advisors concerning the tax Implications of the purchase, ownership or disposition of the
Bonds and Certificates under appliexhle state or heal laws. Foreign investors should 0184[ consult their own tax advisors
e regarding the tax cuns,equences unique to investors who are not United States persons.
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OTHER INFORMATION
Ridings
The presently outstanding lax supported debt of the City is rated "A I " by Mexufy's and "AA-" by S&P. The City also, has lour
unurSOUt.slandmg which are rated "Aaa" by Nfoody's and "AAA' by S&P through insurance by various commercial insurance
compactors. Applications for contract ratings on this issue have been made In Moody's and S&P. An explanation of the
signifrvance of such ratings nsay be obtained from the company furnishing the rating. The ratings reflect only the respective
views of such organizations and the City makes no representation as to the approprialenessof the ratings. There is m, assurance
dial such ratings will continue for any given Period of time or that they will :iot be revised downv,ard or withdrawn entirely by
either or hoth of such rating companies, it in the judgment of either or both companies, circumstances so warrant. Any such
downward revision or withdrawal of such ratings, ar either of them, easy have an adverse effect nn the market price of the
Bands and Certificates.
LiCitation
It is thu opinion of the City' Attorney and City Staff thi th rre is no Pending litigation against the City that would have a material
adverse financial impact upon the Coy or fl. operauionc.
Ri%is ration and Qualification of Bonds and Certificattw for Sale
91he sale of the Bonds and C%rtificatcs has not been registered under the Federal Securities Act of 1933, as amended, in reliance
upon the exemption provided thereunder by Section 3(a)(2); and the Blinds and Certificates have not been :oalified under the
Securities Act uf'Fexnain chance upon various exemptions contained therein; nor have the Bonds and Certificates been qualified
under the securities acts: of any jurisdiction. The City assumes no responsibility for qualification of the Bonds and Certificates
under die securities laws of any juri.diction in which the Bonds and Certificates may be sold, assigned, pledged, hypothecated
ur otherwise. transferred. nis disclaimer of responsibility for qualifi ration for sale or other disposition of the Bonds and
Certificates shah not he construed as an interpretation of any kind with regard to the availability of any exemption from securities
registration provisions.
Legul lroeslments and Eligibility to Secure Public Funds [n Texas
Section 9 of the Blind Procedures Act Provides that the Bonds and Certificates "shall constitute negotiable instruments, and ate
imesunent securities governed by Chapter 8, Texas Unilbrm Commercial Gale, notwithstanding any provisions of law or court
decision to the contrary, and are legal and authorized invesimenfc for hanks, savings banks, trust companies, building and loan
associations, sas'mgS and loan as50ChauonS, insurance companies, fiduciaries, and trustees, and for the sinking fund of cities,
lawns. villages, school districls, and other Political subdivisions or public agencies of the State of Texas". The Burials and
Certificates arc eligible. to secure deposits of any public funds of the state, its agencies and political subdivisions, and are legal
errunly fur those deposits to the extent of their market value. No review by the City has been made of the laws in other slates
to determine wheUer the Bonds and Certificates are legal investments for various institutions in those states.
LegUl Nlulters
'the C'rty will furnish a roinplete oanscript of prtweedings had incident to the authorization and issuance of the Bonds and
Certdicates, including the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Bond-Rand
Initial Certificates and I., the MM [hat the Black and Certificates are valid and legally hfnaling obligations or the City, and
based upon co nrinalion of wch uamrripl of proceedings, the approving legal opinion of Blind Counsel, to like effect and to
• the clfect that the interest nn die Blinds and Certificates will be excludable from gross income ter federal income lax purposes
under Section 103(a) of die Code, subject to the matters described under "Fax Matters" herein, including the alternative
minimum lax tin corporations. Ube customary - o. sing papers, including a certificate to the effect that no litigation of any nature
has been filed or is then pending to restrain the issuance and delivery of the Bonds and Certificates, or which would affect the
pro"isiou made bur their payment or security, or in any manner questioning the validity of said Bonds and Certificates will also
he furnished, Bond Counsel was nut requested to participate, and did not take part, in the preparation of the Notice of Sale and
Bidding Instructions. the Official Bid Flinn and the Official Statement, and such firm has not assumed any responsibility with
B respect thereto or undertaken independently to verify any of the information contained therein, except that, in its capacity as • •
Bond Counsel, such firm has reviewed the information describing the Bonds and Certificates in the Official Statement to verify
that such description conforms it, the provisions of the Ordinance, The legal fee to he paid Bond Cour,ael for services rendered
in connection with the issuance of the Bonds and Certificates is contingent on the sale and delivery of the Bonds and Certificates,
lbe legal opinion will accompany the Bonds and Certificates deposited with VTC or will be printed on the Bmtds and
Certificates in the event of the discontinuance of the Bonk-Enlry -Only System.
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Authenticity of Financial Data and Other Information
The finsocud data and other infonnadon contained herein have been obtained from the City's records, audited financial
statements and other sources which are believed to he reliable. There is no guarantee that any of the assumptions or estimates
contained herein will be realized. AB of the summaries of die statutes, documents and resolutions contained In this Official
Statement are mada subject In all of the pmvisions of such sutules, documents and resolutions. These summaries do not purport
to he complete statements of such provisions and reference is made to such documents for further information. Reference is
made to original documents in all respects.
Financial Advisor
First Southwest Company is employed as Fimncial Aib,isor to the City in connection with the issuance of the Bands and
Certificates. The Financial Advisor's fee for services rendered with respect hr the sale of the Bonds and Certifieatrs is
contingem upon the issuance and delivery of the Bonds and Certificates. First Southwest Company may submit a bid for the
Bonds and Certificates, either independently or as a member of a syndicate organized to submit a bid for the Bonds and
Certificates. First Southwest Company, in its capacity as Financial Advisor, has relied on the opinion of Bond Counsel and bas
not verified and does not assume any responsibility for the information, covenants and repreavntations contained In any of the
legal documentswith respect to the feJeral income tax slstus of the Bonds and Certificates, or the possible impact of any present,
pending or funnre actions taken by any legislative or judicial txdies. In the rrorma] rest sy~yf,bi;jness. the Finan:' viso
Ipay from time to time sell investment securities to the C+tv for r 'nveetment of bond ptoceedsot er funds of 19e Cih, utwn
the rwuest of the Cil
Certir.cation of the Official Statement
At the time of payment for and delivery of the Bonds and Certificates, the Purchaser will he furnished a certificate, executed
by proper officers, acting in their official capacity, to the effect that to d e best of their knowledge and belief., (a) the descriptions
and statements of or pertaining to the City contained in its Official Wilvinent, and any addenda, supplement or amendment
thereto, on the date of such Official Statement, on the date of safe of said Bonds and Certificates and the seceptance of the best
bid therefor, and on the dale of the delivers,, wc•e and are true and correct in all mateiiai respects; (b) insofar as the City said
its affairs, including its financial affairs, are concerned, such Official Statement did not and sloes not contain an untrue statement
of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein. In
the light of the circumstances under which they were nude, not misleading; (c) insofar as the descriptions and statements,
in, luding financial data, of or pertaining to entities, other than the City, and their activities contained in such Of& W Statement
are concerned, such statements and data have been obtained from sowrees which the City believes to he reliable and the City
has no reason to believe that they are untrue in any material respect; rd (d) there has been no material &UN,.rse change in the
financial condition of the City since the date of the last audited financW statements of the City.
The Ordinance authorizing the issuance of the Bonds and Certificates will also approve the form and content of this Official i
Statement, Aid any addenda, supplement or amendment thereto, and authorize its further use In the reoffering of the Bonds and f
Certificates by the Purchaser.
BOB CASTLEBERRY
Mayor
City of Denton, Texas
. ATTEST:
IFNNIFFR K. WAI,TFRS
City Sectetary
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APPENDIX A
DBNERAL INFORMATION RLUARDINO TkfF CITY
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Location
111c City of Denton is situated in the northern portion of the DallaslFort Worth Consolidated Statistical Area (CMSA). It is
approximately equidistant front the two major urban centers of the region, with excellent access to and from all parts of the area.
The City covers approximately 61 square miles and is located only 38 miles from downtown Dallas, and 36 miles from Fort
Worth an Imenvtate Highway 35.
Economy
Denton is: In the midst of a rich agricultural and livestock area;
The hub city of Texas' new "Land of Lakes" region, which provides Denton and neighboring cities with abundant
water far municipal, industrial and recreational purposes;
One of the Throe major university centers in Tcxss;
The home of diveraificd ind,sstrial interests;
The site of the Nation's first underground Control Center of the Office of Emergency Planning and Office of Civil
and Defense Mobilization;
One of the key cities in [he economically significant Dallas Consolidated Metropolitan Area.
Recent DAevelopmenls
Au&J/F.nrerrainnrrm
The City became home to three new restaurants, Appleboe's, Pancho's Mexican Buffet, and Jason's Deli. All three restaurants
have been very successful and provide over 200jobs to the community.
Construction began in August of a new 16,000 square foot, five screen, stswof-the-art movie theater inside the mall. The
theater is an expansion of the existing United Artist Entertainment facility locatedjust outside the Golden Triangle Mall,
Retail
Hartzell Manufacturing announced the purchase of EMC Plastics in July, with the intent of building k new 100,000 square fool
structure, almost throe times the size of the present facility, at an estimated cost of $5 million later this year. Hartzell also
expects to increase its local workforce from 110 to 300. Also, Ooldeo Triangle Mall is among four Melvin Simon & Associates,
Inc., jump rtics [icing considered for a IN - ibfe $5 million renovation.
Bwines..
Russell-Newman hlanufacmrin"conlpldcda 20,400 square foot addition to its facility on Loop 288 valued at $598,000. Russell-
Newman has been manufacturing lingerie since 1939, and includes major vu:w lien such as J.C. Penney, Ditlard's and Wsl-
slarl
Den E. Keith Comnanv is completing its expansion project. increasing the facility's warehouse space to 110,000 square feet,
• three time its original size. The cslintatcd value of the expansion is 515 million. Ben E. Keith has also doubled its workforco,
Telecom $gmarkdine ronxsralion of America aRCA) sells Northern Telecom, AT&T, ROLM, NEC and Mitel equipment,
They also purchase excess telecom inventory (entire systems or pans) and repair defective circuit boards and telephones. TRCA
rvfooated to Denton from Carrofhon. TRCA has eleven employees and expects to employ 35 within the next twelve to fifteen
month puio&
TET IerdmneOnerab'nosopened its Business Contact Centerandwill employapproximatcly 190at full capacity. The Center
• handles cuslomer inquiries from OTE's multi-line business customers within a 13 state area ` •
Wcathcrtrol Supply completed 50,000 square feel on the first phase of a new 120,000 square foot office/warehouse. Total
employmen', at this phase of the new facility is 65.
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Cobslt Manufadurlne Inc. began production and distribution of steel gun safes in the summer of 1992. Colbalt recently
purchased a 21,840 square foot building, moving from their 10,000 square fool lase facility. Approxbnately den employees
will be added to the current staff of 15,
The Federal Emereency Aeeney (PEMA! announced its decision to permanently locate its national teleregialration in Denton.
FBMA lased permanent space at Woodhill Square for its teleregistralion center. The operation provides disaster asslsiance to
all areas of the country. The operation employs 8 to 10 permanent employees and up to 250 temporary in a case of emergency.
Pcterioilt Motors Company, a builder of semi•Irailer trucks, celebrated the grand opening of the new engineering lab at the plant
facility and the rclocation of the division hadquarters from Newark, California. The relocation and expansion brought the total
employment for Pderbill to approximately 1,300 employees.
Health Trust. Inc., parent company of Denton Regional Medical Center, began construction of a $50 million, 225,000 square
feet, hospital on approximately 50 acres. The company plans to market the remaining land for commercial and recall
development. It is estimated that the new facility will generate about 100 new jobs and $4 million in payroll.
CeorEie•Pacific Comoration began operation in August of 1994 in an existing 135,000 square foot building formerly owned by
the Pillsbury Company. As estimated, $1 million was invested in renovation to the building and approximately $12 million in ,
new equipment was purchased. Georgia-Pacific manufactures corrugated sheets. Georgia-Pacific, who became Denton's first
Enterprise Zone Project, employs 50.
The economic effect of Alliance Airport in Denton and Tarrant County should provide future economic activities. Alliance
Airport is located only 15 miles south of Denton on Interstate Hlghway System 35 Wost. M. Ray Perryman Consultants, Inc.
projects that Alliance Airport's economic impact should include 9,164 penranen jobs within Port Worth PMSA, S702.9 million
additional local spending and $234.4 million in employee earnings.
Heabb Core
HCA Denton Community Hosnila~ completed its $23 million expansion project. The expansion included the addition of a third
floor with 48private patient rooms anda 12bedprogressivccarcunit, anew comprehensive cardiac care center, anew magnetic
resonance imaging center, an outlrsticnt surgery center, and a 30,000 square foot office building. Approximately 100 newjobs
were created by HCA's expansion.
Denton Regional Medical Center completed an office and ambulatory surgery phase of a 64,000 square foot facility In
September. The $48 million medical center occupies 60 acres of a total 300•acre site at the intersection of 1-35 and Colorado
Boulevard. Plans are pending for a new 350,000 square foot, 122 bed hospital '
Economic and Population Gains F
During Fiscal Year 1987-88, the City and the Chamber of Commerce, Inconcerl, broughtaboulthe expansionof the Dallas/Fort
Worth Commercial Trade Zone, This expansion was granted by the Stale Railroad Commission and will allow for greatly
reduced shipping costs in tho Denton arcs.
Denton has noted a consistent population increase and a steady economic growth in the last four decades.
Historical ivriuiation total, from U.S. Comm records are:
• 1940 Census 11,192
1950 Census 21,372
1960 Census 26,844
1970 Census 39,874
1980 Census 49,079 I
1990 Census 66,270
Thu City's ascension toward a top rung on Texas' economic ladder is attributed partly to the steady inllucnces of governmental
• activity which includes the yar•by-yar expansion of the two State-supported universities, and partly because of such • •
environmental factors al its localion in a rich agricultural region, some oil and gas production in the northwest section of Denton
County, its inclusion in the Dallas(Fort Worth Mr4roplex, its proximity to three of Texas' largos reservoirs (Lake Texoma is
only 40 miles from Denton), its excellent highway and transportation facilities, its mild climate, end the loss Ungible but
influential aspects of social, cultural and education advantages that have prompted professional workers to choose Denton as a
place of residence.
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Industry and business
hpajor Employers
Approximate
Number of
Employer Dcacriptiun _ Emnlovea
University of North Texas Education Facility 5,212
Denton Stale School School for Handicapped 2,100
Peterbilt Diesel Trucks 1,575
Denton Independent School District City School System 1,408
Texas Woman's University Education Pacilily 1,400
Boeing Electronics Military Electronics 11000
Denton County Municipality 925
City of Denton Municipality 845
Denton Regional Medical Center HospitaVHcalth Caro 775
And row Corporation Microwave Antenna Manufacturing 588
Victor Equipment Co. Welding Equipment 563
HCA Denton Community Hospital Hospit0flealth care 500
Russell-Newman Manufacturing Cam; :my Lingerie Manufacturing 400
Iosten'c, Inc. Class Rings 350 ,
Sally Beauty Supply Beauty Supplies 250
First State Bank Financial fnstilution 250
M/A/R/C Marketing Bc Research Telephone Survey/Marketing 250
General Telephone Electric Telephone Ulility 235
Tetra Pak Machinery
212
Morrison Milling Flour/drain Mill 200
Acme Brick Bricks
200
Denton Publishing Company Newspapers Igo
Union Camp Multiwall Bags 120
Turbo Refrigeration Refrigerating/Hating Equipment 111
Source: City of Denton Chamber of Commerce Economic Development Office, August, 1994.
Iaduslrfal Future
Denton is most favorably located within 38 miles of two major cities (Dallas and Port Worth) and Is, officially, a part of the
Dallas/Fort Worth Metroplex. This area comprises a market which is growing at a rate three times the national avenge.
Denton is fast becoming an integral pant of this dynamic industrial complex.
Empicyruent/Lalsor Force
A plentiful supply of skilled labor Is available to industry In the Denton area. The expansion of the Andrew Corporation, the
consolidation of Peterbi0 Motors Company, and the Boeing Defense Electronics Plant, have played a large part In malmaining
the City's economy. The economic effect of lh: rrw Alliance Airport in Denton and Tarrant Counties should provide future
economic expansion opportunities. Alliance Airport is located 15 miles south of Denton on the Interstate Highway System 35
West Employment figures for Denton County arc as follows:
• Annual Annual Annual Annual Annual Annual Annual
November Avenge Average Avenge Avenge Average Avenge Avenge
-,U9 -4.._ -1"_ 1992 1991 1990 1989 198g 1967
U.S. 5.3% 618% 7.4% 6.7% 5.5% 5.3% 5.5% 6.2%
Texas 5.6% 7.0% 7.5% 6.6% 6.2% 6111% 712% 8.4%
Denton County 3.6% 4.1% 5.3% 5.6% 4.8% 4.9% 5,0% 5.7%
City of Donlon 5.3% 6.0% 7.5% 7.5% 6.5% 6.7% 6.8% 7.7%
• Source: Texas Employment Commission. • •
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Agriculture
Denton County is Line of the more diversified agriculture counties in Texas. With soil types ranging from rich black to deep
sandy loam, and good miff. artesian water, it is an ideal center for diversified farming and livestock raising.
Principsl crops are cotton, corn, wheat, oats, hay, grain sorghums and peanuts, Dairy cable, beef cattle, sheep, hugs, chlekens
and turkeys contninne a substantial and steady income every year to the farmers and ranchers of the County. A very significant
concentration of valuable world ehampion yuarterhorses and horse ranches, located immediately to the north and west of the
City's corporate boundaries, provide a prosperous economic resource for the City and area.
In;omc from all agrculture, livestock and tivesuxk. products for Denton County in 1986 was $55,109,900. Prducts significant
in this seal include the horse industry, lcef, eggs, wheat, grain sorghums, hay and nurw. ry crops. Agriculture income for 1989
is projected In be 3601200,000.
Trunsportu6on
Denton is located only 20 miles northeast of the Dallas-Fort Worth International Airport. This facility began operations in
January, 1974. It is the largest airport in the United States, second largest in the world, and represents an investment in excess
of 3700,000.000.
The Denton Municipal Airport uses a full instrument landing system. The runway is 5,000 feet by ISO feet with plans to extend
it to 6,000 feet, Dallas Love Field, Fort Worth Meacham Field, and the Alliance Airport are also located in close proximity
in the City,
Denton is the focal paint in the Interstate Highway System (LH, 35-P and J.H. 35-W). LFf. 35-E connects Denuoc with Dallas,
and I.H. 35-W des to Fort Wroth,
The east and west sections of the U.S. Interstate 35 form part of a vast network that begins al the Canadian border on the north
and traverses the entire United States, to ends[ the Mexican border on the south. North from Denton the highway connects with
Oklahoma City and thence through the Midwest.
Bail transportation is furnished by two raifroads - Santa Fe and Union Pacific-Missouri bus transportation by
GreyhoundlTradways Bus Lines motor freight by twelve truck lines.
Education
Denton is the home of the University of North Texas, founded in 1890, slid Texas Woman's University, founded in 1901
The two universities have a combined enrollment of approximately 36,000 students, and more than 1,000 faculty members.
Approximately 26,600 studenk are enrolled in co-educational Universityof North Texas, This University has a larger enrollment
than the comhined enrollment of Southern Methodist Univ,rsity at Dallas, Texas Christian University in Fort Worth, and Rice
University at Houston. Texas Woman's University has an approximate enrollment of 9,400, which includes the Denton, Dallas
and Houston locations.
The Univer.viO of North Texas campus comprises a land area of more than 400 acres valuer) in excess of $150 million. The
University embraces eight academic units of colleges and schools, and offers Bachelor's degrees in 66 fields, Master's degrees
in 113 areas and Docwraf programs are in 45 disciplines.
• Texas Woman's University, a major State-supported teaching and research institution, is the Nation's largest university for
women. With approximately 500 faculty members, 00 percent of whom hold the Doctoral degree or other appropriate terminal
degree in (heir field, TWU stresses small classes, personal attention, and excellence in teaching. Through its ten schails and
collcges.'TWLI tilers programs leading to the Bachelor's degree in 77 major areas, the Master's in 72 fields, and the Doctoral
degree in 42 areas (if specialization. Science research programs are conducted in chemistry, biology, physics, nutrition, textiles,
brine ndcruradiology and other related fields.
North Comm Tvxas College, estahlished in 1924, opened a't'echnical Vocational Center in the Denton area offering Associate
® Degrees in Occupotionaf'fherapy Assistance, Criminal Justice, Mid-k1anagemenl Training and Nficro Computer Applications. •
NC7'C specializes in Iraining geared directly to business and industry needs,
Denton has an outstanding public 5vhool system, with all elementary and secondary schools fully accredited net only by the
Texas 8duvation Agency, but by the Southern Association of Colleges and Schools. Only 82 school districts have earned that
distinction Lin hoth the elementary and secondary levels.
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'No Denton Independent Schad District operates two high whools, two junior high schools and ten elementary schools. The
total enrollment for the 1994195 school year is 11,800.
The District offers classes at each echnol and At the instructional center for students who experience learning disabilities or
handicaps. Counselors, speech and language speclalists, psychologists, and reading and diagnostic ennsullants are available for
all grade levels.
$11,1100,1)00 Denton State School Construction began in 1958 on the $11,000,00(1 Denton State School, with the first phase
of the construction being completed in July, 1960, at which time the first group of students was adrttith*d. The second phase was
completed in 1961. It is one of America's most modern and progressive educational institutions. This State-supported educational
institution for mentally retarded Texas residents is hrcawd on a 200-acre site paid for by Denton citizens.
Present facilities include 47 dormitarics (including outreach dorms) which accommothtomore thin 1,188 students, 5 buildings
for physically handicapped children with a capacity of 600, and a 52•hed aeuto hospi W with supporting faciltes such as X-ray,
laboratory, dental, and pharmaceutical. In Addition to these buildings, there is a modern administration building, an academic
building, a large laundry, a maintenance shop ands warehouse. The School has a staff of 2,100, with an annual peyroll In excess
of $18,000,000,
Banking
There are six banks in the City Bank of America Texas, N.A.... Bank One, Texas, N.A.... First State Bank of Texas
The Pilot Point National Bank Provident Bank Texas Bank.
Combined Bank Dep"IN t'1
Fiscal Fiscal
1- 98 $254,567,591 I~ 998888 $384,178,000
1982 289,978,804 1989 565,629,000
1983 368,005,000 1990 714,892,000
1984 385,000,000 1991 565,630,000
1985 475,179,000 1992 663,882,000
1986 561,819,000 1993 671,821,000
1987 457,504,OOO 1994 619,211,000
(1) City of Denton 8connmic Development Services,
Bank One constructed a new 4,000 square foot branch at the Golden Triangle Mall. Texas Bank repined its original building
on University Drive with a new 2,500 square foot branch. The Demon Bank opened a new branch in existing space at 1.35 Brat
and Lillian Miller Parkway.
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Cro%ih Indira
Fiscal Buildine Permits Water Eic~, rio Unemployment
- Year Commercial Realdgntial Total Aleters Metes Rues
1985 $88,768,781 $49,995,190 5138,763,971 13,548 25,549 715%
1986 41,452,104 54,972,728 96,424,832 13,744 25,913 81%
1987 46,619,495 33,417,130 80,036,625 14,186 26,751 7.7%
1988 21,927,481 24,577,039 46,504,520 14,427 27,207 6.8%
1989 31,375,513 21,241,087 52,616,600 14,240 26,854 6.7%
1990 11,573,799 16,154,682 27,728,481 14,295 26,958 615%
1991 11,354,682 25,346,989 36,701,871 14,267 26,904 7,5%
l 1992 38,144,383 22,576,790 60,721,173 14,762 27,838 7.5%
1993 36,800,501 32,983,032 69,783,533 15,240 28,739 6.0%
1994 19,483,202 32,142,417 51,625,619 16,250 30,644 6,0%
Medical
Denton has two hospitals , , . Denton Regional Medical Center and NCA Denton Community Hospital with a combined
total of 343 beds and 325 dociors,
Recreation
Lake Ray Roberts, located approximately 8 miles northeast of the City's corporate boundary on the Elm Fork of the Trinity
River, is a major water conservation and flood control facility of more than 799,600 acm-fect of storage which provWes an
abundance of parks and other water and outdoor related recreational facilities. Major park facilities on Lake Ray Roberts am
scheduled to open this year. Nearby Lake Lewisville, one of North Texas' largest lakes, Is one of Texas' most popular
recreation areas. Lake Lewisville has a shore line or 183 miles located entirely in Denton County. Lake Lewisville attracts
over 3,000,000 visitors to 6 shores annually. The upper reaches of the Lake are only about 3 miles cast of the Denton City
Limits, while the dam Is 15 miles from downtown Denton. Grapevine Lake, another largo body of weer created by the U.S.
Army Corps of Engineers, is located in Denton and Tarrant Counties. The dam is 23 miles from Denton. Parka and recreational
areas abound on the shares of Lake Ray Roberta, Lake Lewisville and Grapevine Lakes. Boating, fishing, hunting, swimming
and all water sports tae the favorite recreational paslimes w the lakes, which, because of this area's favorable climate, am in
use the year round,
Economic Ranking
The following data was taken from Saks and Marketing hlanagement 1994 Survey of Buying Power, dated August 30, 1994,
Median Age of Population . 26.6
% of Population whose age is:
18-24 27.0%
25.34 17.5%
35.49 18.3%
50-Over 17,0%
Heuscholds(Thousands) 27.2
Total Effective Buying facoine , $982,947,000
Median flousehoW EBt , , $27,619
% of Households by EBI Group
1110,000. $19,999 , , 19,6%
320,000 - $34999 . 20.9%
$35,000 - 549,999 . 16.3%
$50,000 - Over , . . . 23.5%
Buying Power Index , , . . , .0306
• RciaiI Sales . $931,501
Food , . 169,524
Eating end Drinking 71,796
General Merchandise , . , 197,941
Furniture-Home Furnishings-Appliances , , 3308
Automotive , 233,158
Drug 11,382
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The following informullon concerning the Utility System is for general Informational purposes only,
Condensed %tement of Utility System Operalbns
For Fiscal Year Ended Scotem r 0 _
Gross Revenues: 1994 _ 1993 1992 1991 1990
F.INtrie Service 570,704,330 $64,504,126 563,726,999 563,715,444 $62,680,319
Water and Sewer Scrvicc 21,602,787 20,357,579 17,882,673 16,324,443 14,998,565
Interest Income 3,737,522 4,188,068 4,471,753 4,103,243 3,647,779
Other Income 528.29 7 443.502 604.910 429,$92 445.715
TolalRevcnucs $96,572.936 S-89-493.2 58§,646.335 114,571.71 $81,772.378
Expenses
Fuel and Purchased Power 550,110,693 548,698,890 544,315,057 $43,523,941 543,747,811
Water Purchased 78,729 82,794 167,365 88,125
Other Operating and Administrative Expenses 14.469.324 09.52.163 16.130.660 13.119.166 12.821.349
TDLaI Expenses 564.658.746 $63,733,847 560.613.282
$56,731, 22 556.569.160
Net Revenue Available for Debt Scrvicc 3 14 I 5 59 4 2 6.0.13 053 S 27~, 84y 1 25,203,218
and Other Lawful Purposes
Elecirlc Customers 30,644 28,739 27,838 26,904 26,958
Water Customers 16,250 15,240 14,762 14,267 14,295
Sewer Customers 16,338 15,322 14,841 14,344 14,372
Average Annual Principal and Interest Requirements, 1995-2015 . . . . . . . S 4,390,697
Coverage of Average Annual Principal and Interest Requirements by September 30, 1994 Net Revenue 7.27 Times
Moximum Annual Principal and Interest Requirements, 1995 , , , , , , , , , , , , , , , , , , S 7,554,144
Coverage of Maximum Annual Principal and Interest Requirements by September 30, 1994 Net Revenue 4.23 Times
Utility System Revenue Bonds Outstanding, as of February 1, 1995 . . . . . . . . . . . , , , $54,395,000
Utility System Fund Balances, as of September 30, 1994:
Inicrcst and Sinking Fund $ 7,546,000
Reserve Fund . S 4,029,140
Emergency Fund S 250,000
Extension and Iuspmvement Fund S 3,341,961
Authorized But Unissued Revenue Bonds • None
Anticipated issuance of Revenue Bonds
The City does not anticipate the issuance of additional revenue debt within the next lwclvo month period,
She Utility Systems
• The Utility System includes the City's entire existing electric, light and power system and the existing waterworks and sewer
system, together with all future extensions, improventents, enlargements and additions thereto.
The Puhtlc Utilities Board... By City Charter, there has been createds Public Utilities Boan1(the 'Board') composedof five
members, appointed by the City Counril with the City Manager and the Executive Director of Public Utilities serv ing es
ex-offeio mcasbers of the Board without voting privileges. The Board serves the Department of Utilities as a consulting,
advisory and supervisory body.
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The duties of the Board are ruin inari zed as follows:
I. Review of the Annual Utility Operating Budget and the transmission thereof to the City Council.
2. keview of recommended:
a. expansion of, additionx lo, betterment of, or extensions to the Utility System;
b, incurring of debt;
c. issuance of Minds, and
d. fixing of rates and charges.
3. Suhtnission annually to planning and Zoning Commission a list of recommendedeapiml improvements which, in the
opinion of the Board, should he constructed during the forthcoming five (5) year period,
All actions of the Board are subject to final approval of the City Council.
Sfaungement cl,the 1111hre SYxrem 'Me Utility System is managed by an Executive Director of Utilities whit is responsible
to the City Manager. The Utility Systcm is organized into three major services, Electric. Water and Wastewater, and consists
of approximately 270 employees. In addition, within Utility Administration, there are various administrative staff, energy
management, and financial administration responsibilities.
The Eilectric Utility is composed of four main divisions: k
I, Electric Protluction,
2. Electric Distribution.
'I. Electric
4. Flecinval Engineering.
'[be N'atenl5'xslcwater Utilities are composed of five main divisions:
1. Water Production.
2. WaterlWastewater Field Services.
1, Water/Wastewater Engineering.
4, Wastewater Treatment Plant.
5, Municipal Lelxrratoryllinvirnnmcntel Services,
Fac'h division is headed by a Division Manager.
flee Utility System utilocs the cervices of the ('it) 's Finance Department For billing, customer services, accounting, purchasing
and warehousing. The Uldity System utilizes the services of the Public Works Depanment for design of minor walerlsewer
lines, casement anWor right-of-way acquisition and inspeclionof developer-installed water and sewer lines, The Utility System
al.n utilizes various adniinistrah%e deparlinents of the City for its personal and data processing needs.
The Electric .Systems
Cc(rrral 'E he City of Denton has owned and operated its Fleclric System (the "Electric System") for approximately 87years
without interruption. During this time, the UlecWc System has experienced a.ucady growth in cushrmersand output, requiring
periodic additions Io plant and distribution facilElies.
San?re Area 'fhv Electric Systcm provides electric service to 27,956 customers located in the City. In 1976, the Public
I4iliq Commission (PUC) Essmstid Demon a Certificate of Cumremence and Necessity (CCN) In scree electric, water and
wastewater to a 150 square mile area encompassing Deotun's then city huundarie.o, plus its extralerrilorial jurisdiction area
(1:11). 'l'ie FTJ certification area extends approximately two miles beyond Demon's 19z i city boundaries or to a neighboring
rrt)', boundary, whichever is closest. Denton is the exclusise provider of electric, water and wastewater services to the area
included within Ire 1976 city houndary area with the exception of a small area where dual certification was granted to Texas
Powcr and tight (mow Texas (I(ililies) or Denlon Counly Eilectnc. Co-Operalive due to their existing service m approximately
• 104) urq +nxr.s. Dual and mcasionai triple sertidcation exists in the FT], As the City has annexed terrilory since 1976, the •
( 0) ha extended all utility service hi die newly annexed areas, and has served all water and wastewater cusloiners and Liver
95'5 1 all elc,tric customers. Ihe. City has granted laws Utilities a franchise Io serve in the areas where die State of Texas'
Polflic Unlily Commission has granted Texas Utilities a Certificate of Convenience and Neces.sit).
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Cusloorem . , .The following tabulation shows the average number of customers 1993 through 1989 and the average charge
per kilowatt hour.
.Year Boded Sedember 30,
Average Number of Customers: 1994 1193 1992 1991 1990
Residential 25,309 24,401 23,915 23,554 23,540
Commercia111ndustrial 3,308 3,109 3,105 2,994 3,119
Other 1,Zlll --AM 418 299
Total Customers 29.904 27.956 27.438 26.904 26.955
Average Charge Per Kwh:
Residential 7.720 7.460 7.546 7,610 7.920
All Other 6.26C 6.050 6,350 6.600 6,650
The following tabulation provides information for fiscal year 1994 for the Alectria System's ten largest customers in terms of
both peak demand and annual revenues. These customers taken together represent 27% of the 1954 electric revenues on system
sales.
Ten Largest Electric Customers
1994 1994
Annual Annual Peak MV '
kWh Revenmo University of North Texas 78,783,600 $ 3,940,931 15~,4~56~
PeterbilUPaecar 31,477,633 2,305,932 7,655
Texas Woman's 7niversity 30,549,400 1,542,755 6,398
City of Denton 23,056,373 2,005,177 9,503
Tetra Pak Inc, 22,831,200 1,582,478 4,368
Acme Brick Company 13,310,885 1,031,193 3,041
Denton State School 11,903,100 923,686 3,016
Morrison Milling 10,762,643 702,963 1,761
Denton Regional Medical Center 10,173,279 837,332 2,358
Gulden Triangle Mall 9.902 WO 791.21 21240
Tots! 242,750.11 $15,663.05 9 79
Energy Saks
The Electric System's sales of energy, i^ kWh, to principal customer classes for 1993 through 1988 were as follows:
Oft Sold (000'9 Omitted)
Year Boded Sepi•rnMe to
_l2__ _i3~ . 1989
Residential 289,6 2 283,3357 23 261,732 253,760 240,916
CommerelabindusWal 512,823 494,632 478,824 467,634 460,448 436,109
Ober 38.432 (1 m 32.70 50.260 48, 44.331
Total Sales 840.867 814.495 767.009 779.62 762,349 726,358
Existing Power Supply and Int"Ounge Agreements
Denton receives approximately 65% of its emorgy from the Texas Municipal Power Agency (TMPA) with the remaining energy
1 from gas generation at its own plant ([0-15%); from other TNIPA cities (15-25%); from hydroelecmc units on nearby Lake Ray
Roberts and Lake Lewisville 2.3 and from economy energy purchases from other utilities in Texas.
• Present production facilities of the City's Electric System consist of fis'e steam turbine generating units and two hydroelectric
units described as follows:
Number
of Name Plate Installed Year Placed
Tyne Units Capacity kW canad -Jul Servi,9;
Steam Turbine 5
Unit 1 12,650 13,000 1955
Unit2 12,650 13,000 1955
• Unit 3 22,000 27,000 1962 ' • •
Unit 4 61,162 60,000 1966
Unit 5 65,483 66,000 1973
Roberti Hydro 1,200 1,000 1991
Lewisville Hydro 2.700
f 2.000 1991
177.84 1M~44
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All five steam turbine, units utilize natural gas as their primary boiler fuel. Since January 1989, the City has been purchasing
gas from Lone Star Gas Company, and its parent producing gas company, Enserch Gas Company, at spot market proves. The
City also has access to energy supplies through gas contracts of Other TMPA and ThIPP member cities. The City is presently
renegotiating with Lone Star Gas Company for a five-year "total gas contract.
'Ilia City has a contract with Enserch Gas Company to purchase up to 25,000 mef/day under "spot" market price
conditions. Present "spot" gas prices range from 51.40 ho 52.05 per mef. Lone Star Gas transports this gas to Denton or Other
plants designated by Denton for $2,705,000.17 to $2,705,000.22/mcf depending on daily volumes transported.
the City is a memioer of the Texas Municipal Power Pool ("TMPP"), which also includes die cities of Bryan, Garland,
Greenville and the Brazos Electric Power Cooperative, Inc. of Waco, Texas, each of which has its own production, transmission
and distribution facilities. The City is also a member of the Electric Reliability Counsel of Texas ("ERCOT"), the regional
Reliability Coordinating Organization for Electric Power Systems in Texas. The City has access to the ERCOT intrastate
network of six major investor-owned and several public systems through the TMPP members transmission system.
The TMPP enntraet provides that each member city shall provide, through its Own facilities or through firm powur contracts,
a capability at least 15 % greater than its projected system peak load for each future year. The cost of TMPP facilities necessary
to provide adequate ties between t).e members are shared by all participants, By "pooling" the reserve capacity of their
respective systems, the cities can operate safely with considerably less installed reserve power supply, thereb; effecting
substantial investment and operating economies. Other advantages include an adequate and dependable source of power during
per Ods Of individual emergency, during periods of sehedu led unit maintenance, and the interchange of economy energy between
members. The TMPP members are engaged in an economic dispatch program wherein all generating units of the five members
are operated such that the most efficient units am loaded first. Savings are distribuo;d on a fiormula of splitting the savings
between the actual cost of the suppliers and costs that would have been experienced by the less efficient generators owned by
the purchasers.
Term Munirojml Power Agoicy . . . The Cities Of Bryan, Denton, Garland and Greenville, Texas (the "Cities"), by
concur-em ordinances dated July 1975, created the Te x as M unicipal Power Agency (the "Agency"), s joim power agency without
taxing power, as a separate municipal corporation and political subdivision of the Starr, in accordance with Article 1435x,
Vernon's Texas Civil Statutes, as amended. The Agency is governed by a Board of Directors nude up of two representatives
from each city and is empowered to plan, finance, acquire, construct, own, operate and maintain facilities to he used in the
business of generation, transmission and sale to and exchange of electric energy with the Cities and any private ufitities which
.to joint (owners with the Agency Of an electric generating facility located within the State of Texas.
Each of the Cities has entered into an identical Power Sales Contract (the "Contract") with the Agency which obligates the
Agency to use reasonable diligence to provide a constant and uninterrupted supply of power and energy to the Cities and, subject
to certain exceptions, obligates the Cities to purchase from the Agency, If available, all of their electric energy requirements
in excess of the amounts generated by the Cities' existing municipal systems. Pursuant to an at endmeni to the Contract, which
became effective on Seplember 26, 1989, the Cities arc authorized to construct additional getersting facilities, provided that
the rated capacity Of any individual facility does not exceed 3 megswod s the combined rated capacities Of all such
facilities owned by one City do not exceed 5 MW, and the facilities are not fueled by lignite, coal, natural gas, oil, nuclear fuel,
or any p-irehased fuels. The Contract requires the Agency to prepare annual budgets, projecting its Annual System Costs for
the succeeding year, including debt servict requirements on its Mmds, and to submit the same to the Cities. Based on these and
other budgetary facts and estimates, the Agency sets the rates and charges to he paid by the Cities for the ensuing year.
The City has access to the following interohangeso
TMPP, TMPA and TU Electric ItNtrconnections•
TMPP 138KV North Interchange . . . 60,000 kva
Th1PAlTP&L Spencer Plant 138KV Interchange , , , . , . , • , 100,000 kva
'TMPA 138XV North Interchange 100.000 kva
260.00p kvi z~
(I) Texas Municipal Power Pool ("TMPP"); Texas Municipal Power Agency ("TMPA"); TU Electric.
0 (2) 'TMPA has capacity ha furnish 400 Mva of Power to a 138 kva transmission loop around the City of Denton from its 345
kv transmission line which is tied to the Texas Utility transmission grid. TMPA furnishes power to Denton'a69Icy trans mission
system from the 138 kv transmission loop through two I p0,000 kva transformers. Demon also takes delivery of power directly
from TAIPA's 178 kv lines which provides additional capability for power distribution.
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'I he contract further provides That it at any time the amount of money nn deposit in die Agency's Bond Fund is less Ulan the
anhount then required to be in deposit therein without giving consideration to transfers made, from other Phan the Agency's
Revenue Fund or fro in bond proceeds, each of the 'hies is Imconditionally, obligated to make a payment, the aggmgate of which
shall be the amount necessary to mair~iim the Agency's Bond Fund, Reserve Fund a,ld Contingency Fund, in the required
amounts, provided that translers may he made from the Reserve Fund to the Hond Fund for not more than two cons-cutive
calendar nwnths wilhout replenishment. Each n1' the Cities' portion of any sr.h payment (the "Percentage Share") dull he
adjusted annually based on the Percentage that each of the Cities' system load bears to the aggregate system load of the four
Cities, subject to certain qualifications, The )993 Percentage Shares which form the basis for the fiscal year 1994 billings to
the Cities are
City of Bryan 27.00%
City of Donlan . 2200%
City of Gatiand 47.00%
City of Greenville . 9.0096
Too[ 100 100 %
Fach of the Cities unconditionally covenants in the ContraA that its Percentage Share Of the payments to the Agency's Bond
Fund, Reserve Fund and Contingency Fund will be made, it required, and none of the Cities shall have the right of Set-off,
mcoupmenl or counterclaim against any Such payments.
All atllml1111s PS)'ahle by the C'I0, Under the Cortrael, including any amounts payable pursuant to the contractual guarantee
Jescrihed above. am expenses of the City's Utility System and constitute a first and superior lien on the gross revenues of such
System prior t• the pledge made on the Bonds.
Under the Contract, tie Cities must approve any "Project" before the Agency is authorized to proceed with the financing,
construction, equipment procurement and develupmer! Thereof. After approval by the Cilie.v, the Agency may proceed as it
deems appropriate. Additionally, the Agency may make "System Development and Reliability Expenditures" as "Approved
Projects' 'or facilities and purposee when authorized by the Cites. Certain expenditures for "Development Projects", as defined
iu the Contract, may he made Try the Agency without the approval of the Cites.
Approved J'riyetts . . . The Agency's power supply source consists of the Gibbons Creek Steam Electric Station located in
Grimes County, 'T'exas, and includes a net 405 megawatt (WW") lignite fueled steam electric plant, reservoir, railroad spur,
associaled transmission facilities, an adjacent surface none and related properties rod equipment ("Gibbons Creek"). The plant
began commercial operation tun October t, 1953. To date Cibhnne Creek's fiscal 1992 capacity and availability am 54.6% and
90.2 respectively. The Agency's lignite mine is adjacent to its generating plant and is operated under contract by Navasola
bfining Company, loc.
In )979, the Agency acquired a 6.2% undivided ownership interest in the nuclear-fueled Comanche Peak Steam Electric Station
("Cmanche Peak") being constructed in Somervell and Hcmld Conntes, 'T'exas and now proceeding through the licensing
process. This interest is an Approv,:d Project under the Contract. The rights and obligations of the Agency and the other
contracting parties were set forth in a joint ownership agreement (the "Joint Ownership Agreement"), dated January 2, 1979,
among the Agency, ether parties, and various former affiliates and subsidiaries of'rexas Ulihties Company CTU") that are now
operating Joisions of rexas Utilities Electric Company CTU Electric"), a current subsidiary of TU,
After substantial construction delays and licensing difficulties, the Agency, in separate lawsuits, sought, among other things,
w rescind the Joint Ownership hgmement and to receive a ml ind of all moneys paid by the Agency sun account (if Comanche
Peak, After substantial pre trial discovery, but Prior to a trial on the merits of the cases, the Agency, TU Electric, and TU
rvached a wilemen, 'the "Comanche Peak Settlement Agreement") of all matters in litigation, In general, under the lenns of
the Comanche Peak Seldenlent Agreement, TU Ffectric, whose obligations are unconditionally guaranteed by TU, is obligated
to purchase in incmiocivsdie Agency's interest in Comanche Peak. The Agency is entitled to receive, through 1993, Payments
• in the aggregate amount of $555,215,074 (the "Comanche Peak Settlement Payments") under the Comanche Peak Settlement
Agreement. As each payment is received, a pottion of the Agency's initial 6.2% ownership interest is conveyed to TU Electric, !
thus reducing the Agency's interest in Comanche Peak. The Agency's current interest is approximately 1,443510%. Upon final
payment in August 1993, the Agcncy will have no further interest therein. Should Comanche Peak he licensed and become
operalional prior to August 1993, TU Electric is obligated to purchase aft of the prover and energy attributable to the Agency's
declining ownership interest therein for a price equal to the Agency's share of the operating costs of Comanche
Peak. Accordingly, the Agency has only a secondary confinuing obligation with respect to Comanche Peak from and after the
dale of die Comanche Peak Settlement Agreement (the primary obligation having been assumed by TU Electric). Upon receipt
• of the final Comanche Peak Settlement Payment in August 1993, Comanche Peak may then be removed as an Approved Project •
under the Contract.
'T'he Cities have approved as mem Development and Reliability Expenditures", transmission facilities which, in conjunction
w0h a certain transmission rtreement (the "Transmission Agreement") with TU Electric and an interconnection agreement (the,
"Interconnection Agreerr_nt") with Houston I-ighling & Power Company are adequate In provide for delivery of
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. Ygency power to die Cities. These System Developrri and Reliability P.xpenditures, togAher with Gihlons Creek (and
Comanche Peak so lung as the Agency has an osvuership imerest (nerein) are hereinafter referred to as "Approved Projects,'
lioure 1'm+er Supph' Sources , . . At present forecasted gr„tvth, (he City believes it has sufficient power supply resources
al its oevn plant and through to T MPA Contract to meet its requirements to 2000. The City continues to supply all power
rcxources and is working in coordination with the three other Cities of TMPA for possible, future combustion turbine generating
faciiifies esfirri to be required in the late 1990's time frame. The City has also hired an engineering consultant to conduct
a feasibility study of repoweringexisting gleam turbine units into a combinedcycie system for c;ficiency improvement purposes.
plus explore other future power supply options.
E7,,cim Sy:uen+ - (iopited lrnprurrrrrrne Ilan
The Utility Department is required by charter to annually prepare a Capital Improvement Plsn (OP) and submit it to the.
Planning and -Zoning Commission for iuclusion in the City's overall Capital Improvement Plan. The C[P is required fu be a
tivc year pri,jecliun of capital requirements with projects listed in order of priurily. The. Utility Departm:nt Five Year Capital
Improvement Plan for Inc Electric System is as follows;
Bond Current Aid in
Year Funds _J evenue ('urofv- do _ Tvia
1995 S 4,287,000 53,111,(100 $49,000 $ 7,447,000
1996 22,450,000 4,497,000 50,000 26,997,000
1997 61900,000 3,549,000 50,000 10,399,000
1998 0 4,227,000 52,000 4,279.DO
1999 0 3,684,000 52,000 3,736,000
'[he major electrical system capital improvements are fur power production expansions and plant improvements totaling
$23,270,000; distribution system extensions and improvements and street lighting totaling $11,813,000; overhead lines to
underground conversion totaling $4,704,000; distribution substations tooling $3,330,000; dispatch facility arcd service center
tooling $6,500.13W cumnumicationa System 5581,000; and miscellaneous load management and other system improvements
:outing $2,660,000
This capital irnpt ovement VA%ram as devehgoed in early [994. A new capital improvement program for fiscal year 1996 is mow
in the pncvess of being developed Preliminary indications indicate that specific projects can he delayed such as the power
production exoaosb+n, line new substation, and the service center project
Prgleceed lends nerd Rrsounaa
The projected bads and resources of the Electric System for the period 1995 through 1999 are Presented in the following chart
as determined by the City:
Megawatts
Peak Net Reserve
Year Load Resources -A&Min M
1995 205 279 27
1996 210 279 25
1997 215 319 33
1998 220 319 31
1999 225 319 29
2000 230 519 28
Safes of Fleas ('apneas
The tour 11h1PA cities of Denton, Bryan, Garland, and Greenville have entered into firm power sales agreementswith the cities
of College Station, Farmersville, Rowe, and Bridgeport, Texas. The projected peak power requirements for these four power
sales agreements ecaobined with the projected power sales to the Brazos Electric Power Cooperative total 205 MW for 1995.
The power and energy sales will he made available from the four T TPA cities combined gas generation capacity of 940 MW
and the TMPA Gibbons Creek generation capaoily of 405 hIW, totalling 1,345 MW overall.
T'he capacity and energy sales revenue from these sales is shared h-v the four TMPA cities in proportion to each cities share of
0 execs capacity available for sales. Denton's share of the sales to College Station and Farmt rsville is presently 16.08%, to •
Howie and Bridgeport 17.82 still to Hrazos 13.76 L.
The contract with College Stdiun expires December 31, 1995. The four TMPA cities as i group have. submitted a hid to
College Station to continue as their power eupplier in thx- future, At this time, no decision has been made by College Station
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regarding these l eclion of their future power supplies. Denton' s capacity sales to Brazos are expected to increase from l it.7 MAI
in 1994 to approximately 17.9 NI W in 1995, and then deeruaxe to 12,4 MW in 1996, The present price to Brazn.c is
S25%WIYr.
Historical Slatisikul Dula
---Year Ended 8eptemher 30.
Sales of kWh: 1994 _1997 _ 1992 1991 _ 1990
Residential 289,611,710 283,571,192 255,483,000 261,732,000 253,760,000
Commercial/Industrial 512.82) 244 494 .632,977 g78 4 467.634.000 460,448,
Or/0
802,434,954 778,203,669 734,307,000 729,366,000 714,208,000
Public Street and Flighway 4,631,312 4,725,566 4,498,000 4,572,000 4,116,000
Other 33,800.0 JI , t 57,551 _ 82 .204.000 _45,688 000 43.980.000
Sufi-Total 840,866,938 914,086,786 767,009,000 779,626,000 762,304,000
Sales for Resale 62.987,000 111.518.000 111,263,000 X7,931,000 85,117,0M0
Total sales 903,853,938 955,604,786 878,272,000 847,557,000 847,621,000
Loss and Unaccounted 25,510,00 0 34,322, 000 221560.QQ_0 40,661,00 51.345.1'!00
Total Kwh to System 929,363,938 989,926,786 900,832,000 888,218,110 898,966,000 f
% Loss and Unaccounted 3.50% 2,57% 4.96% 6.06%
ALcra ue C'usu,mers:
Residential 25,309 24,401 27,915 23,554 23,540
CummerciallnJustrial 3,308 3,109 3,105 2,994 3,119
Other 1 287 446 418 356 29
Tulal 29,904 27,956 27,438 26,904 26,958
Peak Day Powet Requirement 202,000 198,000 177,000 180,000 184,000
Present Plant Capacity 193,000 196,000 182,1K1 181,000 178,000
AnatysZs of F,lectdr8illing:
Residential Customers:
Average. Month
MhWuctomer 953 920 904 926 898
Bill per Customer S 77.64 S 71,51 $ 66.38 S 74.11 $ 71.16
Revenue per kWh S 0.0772 S 0.0740 $ 0.0754 S 0.0800 S 0.0792
Com mere i 1111 nd u strial :
Average Month
OAVCustomcr 12,919 13,495 13,016 13,016 12,702
Bill per Customer S 792.15 S 774.34 $ 786.67 S 840.60 $ 808,45
Revenue per kWh $ 0,0613 S 0.0590 $ 0.0623 $ 0.0646 S 0.0657
Gross teratin gcome: j
Residential I
522,766,346 S20,995.855 519,255,000 $20,949,000 $20,101,000
CommercI0.Ulndustnat 31,447,398 29,167,894 29,840,000 30,201,000 30,258,000 l
(*cr 3,062.098 2,696.37fi 2,658,000 _ 3106,QQQ 3.558.000
5r, 875 4l4 $52,860,125 $51253.000 $54.816,000 53 9 7.000
Federal Rmuluilion
Under current Federal statutes ano regulations, the Electric System is not subject to Federal regulation In the establishment c:
rates, the issuance of securities or the operation, maintenance or expamsion of the Electric System, The City submits various
reports to the Federal Energy Regulatory Commission ("FERC") and utilizes the FERC System of Accounts in maintaining its
books of accounts and records.
The Stater System
• Orrnrral . . . The Water System provides retail water service a, all customers located within the city limits, as well as • •
wholesale eater service of approximately L I MOD to the Upper Trinity Regional Water District. The water distribution
system consists of 295 miles of water mains, 7 million gallons of ground storage, and 4,36 million gallons of elevated
.storage. the City is in compliance with all State and Federal water quality requirements.
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Hynrr 5'upply . '!'be pees en, municipal supplies are obtained primarily from surface ,sources, but underground sources are
avai hth Ie for emergency and back-up putpo.ses, The City has conservation storage rights in nearby Lewisville Re.scrvotr which
was conswcted by We U.S. Corps of lingineers. This Reservoir contains a total of 436,ODO acre feel of conservation
storage. 'rho City holds the rights lo 21,000 acre (eel of storage, with the balance being held by the City of Dallas
i"Dallas'). Rased on the safe yield of 90.2 million gallons per day, the City receives 4.34 million gallons per day in water
right: from Lewisville Reservoir.
"f he City also has 207,896 acre feet of annual withdrawal rights from the Ray Roberts Reservoir (799,600 acre feet) hwAted nine
miles upstream from the Lewisville Reservoir. Denton and Dallas have determined and agreed by contract that the safe yield
of Ray Roberts Reservoir is 76 million gallons per day, and that Denton's share is 26% or 19.76 million gallons per day, and
Dallas. share is 74% or 56,24 million gallons per day.
Ray Roberts Reservoir was constructed by the U.S. Corps of Engineers with the Cities of Denton and Dallas being the local
sponsors and responsible (26 % and 74% respectively) for repaying 50% of the estimated total cost of $301,000,000 amortized
over 50 years at 7.21 % interval, no conhacl with the U.S. Corpsof Engineers further provides that Denton and Dallas may
delay repayment tier 10 years (to 1998) on 48% of such obligation provided they use less than 52% of the safe yield of the
reservoir. Denton's present obligation for 52% of its 26% share is $2,233,0110 per year. 'T'he reservoir is presently full and,
therefore, Denton is receiving all its 103 MCD water requirements from its rights in Lewisville and Ray Roberts Reservoirs.
Denton continues to maintain a raw water contract with the Cily of Dallas under which it is obligated to purchase at least
500,000 gallons per day. This is a minimum contract volume which Denton maintains in order to keep open a long term option
to purchase additional water from Dallas in the future. The water contract with the City of Dallas is similar to the contracts
liar retail and(or wholesale water Thal Dallas supplies to eighteen (18) other North Texas municipalities. 'rho City of Dallas
wholesale water purchase price to the City of Denton is currently 0.4826 cents per 1,000 gallons.
Denton is further working with the Upper -trinity Regional Water District to secure 2.0 Mill) of raw water from the Conger
Rewi%mr in Delta County, Texas.
Denton maintains and utilizes it.s ground water WCII system as a contingency supply in tllo even[ of an unusual shortage or in
an einorgeney redincss ocrasion dodo a natural disaster which may disrupt the water treatment plant andfortransmission system
front obe waler treatment plant.
')lie combined 24.62 MCD of currently available surface water volume from Lewisville Lake (4.86 MOD Including wastewater
eflluent returns) and Ray Roberts Lake (19.76 MUD) are sufficient to serve Dentnn's needs until approximately 2030. The City
of Denton has vnnduecda long range water supply study to determine the water requirements and supply alternatives after 2030. i
Denton's retail and wholesale water volume for 1994 avenged approximately 11.1 MUD.
Rory Trcmmrnr !'lace 'fhe Denton water treatment plant is capable of treating 28.75 MUD. The historical maximum 3
day Was 24,2 NfGD in 1993.
'Elie City of Demon has completed the design for a 10 MUD water treatment plant to he located near Ray Roberta Lake. Plans
for cunstrucdiun have been postponed pending expansion needs. Treated wholesale water sales of approximately 2.7 MCD Ito
the Upper Trinity Regional Water District will cease in 1997 or 1998, based upon the completion dale of their water treatment
plant to he located in southern Denton County. Denton projects, using forecasted growth rates, that it has sufficient capacity
in the existing 28.75 MOD water treatment plant to meet its retail customerpeak use requirement which was 18.1 h1GD in 1994
until approximately 2005•
Upper 7tuutry Regiomd Watrr Dirtricr . The City of Denton, in cooperation with 32 tither Denton County cities, towns
and water supply entities, on June 16, 1989, effected the creation of the Upper Trinity Regional Wafer District (UTRWD)
(trough enabling Slate Legislation. The LITRWD's purpose is lu pmvide future raw water supplies, wholesale water and
waetcwater services Io entities primarily, but not limited In, Denton Count),. UTR11'D is controller) by a Board of Directura
representing tl~v ciliei in the region. Additional Directors may he added when a city contracts with the UTRWD fur planning
e,r wholesale }cater and wastewater 4ervices. The UTRWD will also plan, acquire or develop future raw water supplies or
reservous tier its participating mcmhers,
Wholesale treated water sales to the Upper Trinity Regional Water District began in June 1994. The current contract to provide
e treated water lo thr Upperl'rinity Regional Water Diatriut is an interim contract which will cease in May 1998 or sooner, based A
upon die completion date of the Upper Trinity Regional Water District water treatment plan(. Once their plant is completed,
Denton mu), eontinuc to wit raw water to the tipper Trinity Regional Water District for treatment if their is excess available
capacity after serving Denton'.s customers.
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Water Usage (Gallons)
Average Maximum Average Maximum
Year Day Day Y-e r Day_-_ _ Day_
I'177 7,923,000 14,119,t0O 1986 10,293,000 22,800,000
1978 8,394,000 16,466,000 1987 1O,n46,000 23,606,000
1979 7,920,820 14,560,000 1988 12,060,000 23,166,000
1980 9,477,386 18,867,200 1989 10,980,000 20,715,000
1981 7,117,852 15,403,000 1990 12,218,000 220470,000
1982 6,957,193 14,953,000 1991 11,750,000 23,410,000
1983 7,355,000 17,3"1,000 1992 10,780,000 18,980,000
1984 9,917,000 21,508,000 1993 11,670,241 24,240,000
1985 10,043,000 20,904,000 1994 11,051,917 20,307,1100
Top Ten Water Customers
Annual
Consumption
I`ieme of Custotper (Gallons) Revenue
Upper'Pnnuy Regional Water District 392,647,000 $ 710,854 '
University of North Texas 249,898,719 760,784
'rrxas Woman's University 185,085,568 544,136
City of Denton 107,018,880 324,851
Denton Independent School District 71,430,075 211,032
Benton State school 55,444,400 154,292
Pelcrbill7paccxr 38,789,000 109,141
Lakewood Esules 27,134,000 86,997
Denton County 17,814,362 50,237
Colden '1-riangla Mall 14.389,922 40,867
1.159,651,924 $2,993.191
Writer Caltilal beprnremew Plan The Utility Department is required by charter to annually prepare a Capital Improvement
Plan (CIP) and submit it to the Planning and Zoning Commission for inclusion in the City's overall Capital Improvement
Plan. The CIP is required Io be a five year projection of capital requirements with projects listed in order of priority. The
utility Department Five Year Capital Improvement Plan for the Water System is as follows:
Bond Current Aid in
}VK Funds Aetronuc Construction Total
1995 S3,538,D00 511778101}0 S 80,000 $5,396,000
1996 4,004,000 1,650,000 87,000 5,741,000
1997 2,561,000 1,724,000 94,000 4,381,000
1998 1,872,000 2,529,000 102,000 4,503,000
1999 6,961,000 1,149,OD0 115,000 8,225,000
3'he major water system capital improvements are for the beginning phases of new water plant and booster atatlon plus a portion i
M the transmission line totaling $6,112,00; elevated storage totaling $3,518,000; water plant regulatory disinfection
modifications totaling $847,000; distribution system improvements and replacement lines totaling $10,012,000; development j
ptan, oversire, new and relocated waterlines totaling 55,818,000; and miscellaneous system improvements totaling $1,939,000,
'ntis capital improvement program was developed in early 1994, A new capital improvement program for fiscal year 1996 is
now in the process of being developed. Preliminary indications indicate that specific project. can he delayed such as the new
water plant, booster station, and transmission line.
The Wustewuter System
e General The wastewater system provides retail wastewater collection and treatment service to the citizens of Denton, as
u r4l as Denton's two wholesale wastewater customers, the. Town of Corinth and the Upper Trinity Regional Water District. • •
the collection system consists of approximately 319 miles of gravity wastewater lines, 15 miles of force mains, and 17 lift
stations.
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Wastewater Treannent Plant In 1994 Denton completed a 19,500,000 expondon of its wastewater treatment plant. The plant
now is operational for treatment or up to 15 MOD, and is designed to serve Denton up to a population of 110,000. The
wastewater system is officienlly operated and maintained, and is in compliance with all State and Federal discharge perrnitd.
The City of Demon's wastewater treatment plant has received five year discharge permits from both the Texas Water
Commission on January 29, 1992 and the Environmental Protection Agency on November 26, 1991, These discharge permits
impose stringent limitations on the removal of ammonia, dochlorinatlon, and sludge conditioning and treatment. Demon's pemiit
parameters for wastewater treatment are currently 10 miligrams per liter for Biochemical Oxygen Demand, 15 milligrams pot
liter for Total Suspended Solids, 3 milligrams per liter for Ammonia, and 5 milligrams per liter for Dissolved Oxygen.
INrmlesale Cartamers , Denton has contracts to treat wholesale wastewater for the Town of Corinth and the Upper Trinity I
Regional Watc. District. For 1994 the wholmle treatment volume averaged approximately 500,000 gallons per day. Those
wholeaafe customers are expected to continue to have their wastewater treated by the City of Denton.
Wavewaier Capital Improvement Plan The Utility Department is required by charter to annually prepare a Capital
Improvement Plan (CIP) and submit it to the Planning and Zoning Commission for inclusion in the City's overall Capital
Improvement Plan. The CUP is required to be a rive year projection of capital requirements with projects listed in order of
priority. The Utility Department Five Year Capital Improvement Plan for the Water System in as follwvs:
Bond Current Aid In
Y[ Funds Revenue Construct! a Total
1995 $1,720,000 $1,228,000 $31,000 $2,979,000
19% 1,757,000 1,166,000 32,000 2,955,000
1997 1,743,000 963,000 38,000 2,744,000
1998 1,180,00n 925,000 40,000 2,145,000
1999 5,848,0: 910,000 43,000 6,801,000
The major wastewater system capital improvements ere for the wastewater plant Improvements and expansion totaling i
$6,747,000; collection system upgrade and replacement lines tole ing $5,207,000; development plan and oversize lines and
relocations totaling $2,714,000; in rift ratinnlinflow corrections lots Ung $2,000,000; Lift alai lan improvements totaling $294,000;
and miscellaneous system improvements totaling $662,000.
This capital improvement program was developed In early 1994. A new capital improvement program for fiscal year 19961s
now, in the process of being developed. Preliminary indications reveal that the plan will need only minimal revision, with jilt
major projects rc,nainlag on schedule as planned.
Utility Rates
Oeneral It is the City's policy to review electric, water and wastewater rates on an am,dal basis to assure adequacy and
Nuity. Independent consultants are generally used every 4th year, with City staff completing the work in house during the
interim. Rate recommendations are submitted by the cuff to the Public Utilities Board for review and approval, which then
makes recommendation to the City Council for final approval. To date, the City Council has approvedsil rate recommendations
of the Public Utilities Board.
Flectric Rates (Efreedve October 1, 1994)
i
Residential
• Facility Charge $7.73 Single Phose
15.45 Three Phase
_ Energv Chsree to
Summer Winter
Mnnlhs of May through October _jy, onihs of November throtvh Anril
Up to 3,000 kWh 50.05611kWh Up to 1,000 kWh $0.0434/kWh
Over 3,000 kWh $0.0621/kWh Over 1,000 kWh $0.03941kWh
• (1) Plus $0,0190 energy cost adjustment. • •
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Commerc al and Industrial
Facility Charge SI5,15 per month (single phase)
$20,20 per month (three phase)
Demand Charge 57.58 per kW of demand (first 20 kW not bkledj
(Minimum demand Is 70% of maximum monthly demand for
May through October, First 20 kW not hifled.)
Energy Charge
Up to 2,500 kWh $0.06i7/kWh
Over 2,500 kWh 50.03394C'h
(1) Plus $0.0190 energy cost adjustment.
Water Rates (F.rfective October 1, 1994)
Residential
Inside City Limits OuWde City Limits `
Facility Charge 314" meter S 9.35 per month $11,15 per month
1" meter 11.17 per month 12,95 per month
1 112" meter 15.91 per month 1810 per month
2" meter 17.75 per month 20.40 per month
Volume Charge
Summer Winter
si ,i(y Li1W1L. (ASav-Ocloherl (November-Anrilt
First 15,000 gallons $2.55 per 1,000 gallons $2,55 per 1,000 gallons
Next 15,000 gallons 3.42 per 1,000 gallons 2.55 per 1,000 gallons
Over 30,'x00 gallons 4.28 per 1,000 gallons 2.55 per 5,000 gallons
Outside City Limits
First 15,000 gallons $295 per 1,000 gallons $2.95 per 1,000 gallons
Next 15,000 gallons 4.00 per 1,000 gallons 2.95 per 1,000 gallons
Over 30,000 gallons 5.00 per 1,000 gallons 2,95 per 1,000 gallons
Commercial and Industrial
(Inside City Limits)
Facility Charge. 3/4" meter 51910 per month
1" meter 21.75 per month
1 112" meter 25.25 per month
2" meter 31.05 per month
Volume Charge 211 per I,000gatlons
Wastewater Rates (Erreclive October 1, 1994)
f.esidentisl CommefelallindusIdal
Facility Charge 56.10 per month Facility Charge $15,89 per month
Volume Charge 2.32 per 1,000 gallons Volume Charge 3.02 per 1,000 gallons
(Ba.scd on 98% of average water consumption (Based on 80% of monthly water consumption)
up to 30,000 gallons during December through February) (industrial surcharge based on concentration of biochemical
oxygen demand and Iota] suspended solids of effluent)
Customer Outside City Links
•
Facility Charge $7.00 per month Minimum Billing $7.00 per month
Volume Charge $2.67 per 1,000 gallons
Rule Regulation . . . Within its boundaries, the City has exciusivejurisdiction over the electric, water and wastewater system
rates.
A•17
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•
Ekrlric, Water and Wasttwater S3stema Covabloed Revenue and Expense hvjw 6na (Do11ary in Tbousaada)
Final Year Endin Sn- mber 0
Ms IM _1242 _
Electric $57,910 $60,879 $64,230 5-67 0
Water Sales 13,787 14,614 15,637 15,920
Wastewater Fees 9,696 10,4% 11,172 11,677
TM PA and Other Off System 10,549 9,492 8,652 7,429
Other .-W _391 _1.424
Total Revenues S 92,903 $ %,476 900,720 $ 10- 3,350
Expen
Electric
Fuel and Purchased Power $49,003 $52,273 $54,617 $ $6,677
Other 13.868 13.074 15.892 16.713
Sub-foul 62,871 65,347 70,509 73,3M
Water 5,232 5,474 5,710 5,950
Wastewater 4.087 4,263 4.44 4.639
Total Expenses $72,.r19 $75,084 $80,667 S 83,979
Net Revenue Available for DeM Service $20.694 $21,392 $20,053 $ 19,371
Debt Service ('t S 7,544 $ 7,738 S 9,413 $ 9,734
Oi re dlt :
Capital Improvements 6,319 7,313 6,236 7,681 4
General Fund Transfers 8,327 8,708 9,334 10,504
Debt Service Coverage 2.74x 2.76x 2.13x I."x
Enerey Saks (kWh) 856,284 878,960 902,028 925,869
Electric Revenue per kWh (m&/kWh) 8.07 8.08 8.16 8.14
I
(1) Subject to change.
A forecast of such energy sales was prepared bsaad on several assumptions including: (i) sales projected by a TMPA computer
analysis, (1i) the price of surplus energy on a split-savings basis, and (W) the natural its and variable TMPA cost assumptions
included in the table above.
{
i
A-I8
1
..._~.r..r,r_ ~ . • w.,n.~r`r..~aW :'Y i~.r,rl.... ' , t t
•
EXCERPTS FROM TFIE
CITY OF DENTON, TEXAS
ANNUAL FINANCIAL REPORT
For the Year Ended September 30, 1994
The information contained in this Appendix consist, of excerpts from the Cityof Denton,
Texas Annual Financial Report for the Year Ended September 70, 1994, and Is not
intended to he a cnmplcte statement of the City's financial condition. Reference is made
h, the complete Report for further information.
i
{
1
1
•
•
w
•
Certif icate of
Achievement
for Excellence
in Financial
Reporting
Presented to
City of Denton,
Texas
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended
September 30, 1993
A Certificate of Achievement for Excellence in Financial
Reporting Is presented by the Government Finance Officers
Association of the United States and Canada to
government units and public employee retirement
systems whose comprehensive annual financial
reports (CAFRsIl achieve the highest
standards In government accounting
and financial reporting.
aL~ President
Executive Director
-xi-
• O
•
a~
Cf1'7 OF WON
Ust of Princpef OMCab
September 80, 1994
FLECTFO OFROUS
TMO Warm
Mayor Bob ^astiebsrry
Mayor Pro-Tom Margaret Smith
Counclmember Jack MOW
Councilnxmber Jerry Cott
Councilmember Mwk Chew
Councilmember Harold Perry
Councilmember Euline Brock
TWO frame
City Manager !Lloyd V. Harrog
Deputy City Manager Rick Svahla
Executive Director of Finance Kathy L. DuBose
Executive Director of UtWtWs R. E. Nefson
Executive Director of
Planning and Community Development Frank Robbins
Executive Director for
• Municipal Services Ad Economic Development Betty McKean
Acting City Attorney Mike Bucak
Police Chief Mktaw Je:
Fire Chief John L. Cook
City Secretary Jar WW Waheri
.X11 .
•
a
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Delcitte &
buche «p
Swte 2340 Telephone: (817) 847.3300
0; 801 Cherry Street Facsimile. (8171336.2013
Fort Worth, lexas76102.6801
INDEPENDENT AUDITORS' REPORT
The Honorable Mayor and Members
of the City Council
City of Denton, Texas:
We have audited the accompanying general purpose financial statements of the City of Denton, Texas
CCity"), as of September 30, 19994, and 'or the year then ended, which are listed in the table of
contents. These general purpose financial statements arc the responsibility of the City's management.
Our responsibility is to express an opinion on these general purpose financial statements based on our
a udi t.
We conducted our audit in accordance with generally accepted auditing standards, Those standards
require that we plan and perfo in the audit to obtain reasonable assurance about whether the general
purpose financial statements aia free of material misstatement, An audit includes examining, on a teat
basis, evidence supporting the amounts and disclosures in the general purpose financial statements, An
audit also includes assessing the accounting principles used and sigatficant estimates made by
management, as well as evaluating the overall financial statement presentation, We believe that our
audit provides a reasonable basis for our opinion.
In our opinion, the general purpose financial statements present fairly, In all material respects, the
financial position of the City at September 30, 1994, and the results of its opersdona ad the cash flows
of its proprietary fund types for the year then ended, in conformity with generally accepted accounting
principles.
Our audit was conducted for the purpose of forming an opinion on the general purpose financial
statements taken as a whole. The combining and individual fund and amount group financial
statements and other schedules listed in the foregoing table of contents are presented for the purpose of
additional analysis and are not a required part of the general purpose f3nanciai statements of the City,
This additional information Is the respousibillty of the City's management, Such additional
information has been subjected to the auditing procedures applied in our audit of the general purpose
financial statements and, In our opinion, is fairly presented in all material respects when considered in
relation to the general purpose financial statements taken as a whole, j
As discussed In Note 13 to the general purpose flnaacial statements, the City changed its method of
• accounting for municipal solid waste landfill closure and postclosure care costs to conform with
Governmental Accounting Standards Board Statement No, 18.
64A. AA_ L ~ P
® Deceuber 16, 1994 . •
DIMItGTittdlf
TOMing N
IabrlatMtal . l
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•
101"Y OF DENTON, TEXAS
COMBINED BALANCE SHEET • ALL FUND TYPES AND ACCOUNT GROUPS
SEPTEMBER 30. 1994
0overnmienW Fund Typo
A61E" AND OTNo DWra as W .Paolr Revwrw Debt Servias CSOW Pr*cts
Cash and dopo its (Note 2) 1 177,277 1t,126,802 1 617,313 12,164,944 `
Inveaurrente Moll; 21 61932,976 5,379,904
ReCNVaWes (Ml of aNowencea for uncoj*cWas} ,
Texas 746,040
Accounts
UnbiNed utility earvlos -
SPI NOW asasso onto 4,001
Accrued Imoteet Mr,439 930 79,037
Other 393,940 $7,545 646,929
Due from other funds Mote 111 77,814 14,002 461,660
Due from other 0evorrrnmts 611,231
AMwhandiee inventory
Prepaid Name -
Oslarad bond losuanea cam
Asetdcted as"to
Cash and deports (Note 2)
Investments Mate 2}
Accrued Interest
Due from other (undo
Advance to other funds
Fixed assets (net, where appllcablo,
of accumuiated dpr"a6onl (Nola 3)
Amount availaWs in Debt BaM01 Fund
Amount to be pr)vWed for robrement
of lonpto n liabiiidee
Total Aaeew and Other Daisies, 17,gi,411 11A79,110':'.:. 1541,111 60,021,264
rum
• (Cominuedl • •
. The accomponvin0 notes to financial statements ate an Inteprr part of tNs otaterhant.
• O. ,iry rI'.
•
•
CITY OF DWON, TexnS
♦rootlowv Fund Types Ir" Aoo6uw 0
Tnwt wd Ow" Ftxod Qononl Lore S"Mwbw 30, S"twraw 30,
In,wpgw In1#MU SwvWo Apwwy A- Twm Uob"" 1094 1193
/ 79,611 1 213,250 12,197,240 1 1 1 0,244,733 1 7,921,946
35,022,260 706,021 5,405,007 62,627,907 47,120,266
746,046 $",600
6,7!0,214 27,120 5,746,342 6,253,142
4,704,170 4,704,176 4117610"
4, WS 7,029
712,647 176,000 11,563 1,065,012 1,175,770
1,209,064 206,220 2,423,590 071,709
61620 430,390 17,144 1,067,702 9,205,144
• - 611,231 701,312
1,203,443 1,912,206 31196166 3,043,073
10,961
1,031.690 1,Oi F,000 11111,007
61611,191 2151301 7,014,"2 t2,"2,484
32,#41,636 5,674,044 j
• 30,011,N2 35,361,041
325,767 9'm 331,610 173,"3
- - - 1,1001370
931,765 031,705 40,000
109.188.387 4,329,021 90,26,663 269,772,661 2$7,402,156
• 322,763 322,743 322,844
31,40 t, 104 31,401,104 31,348,637
1290,976,141 1t3,"LoI1 01.91 Con 100,204S" /91,7201"7 1470,7,7.070 1410,720,534
•3•
Cunpdwwiws A11111W Fi19541N IMp15 T _
•
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•
CITY OF DENTON, TEXAS
COMBINED BALANCE SHEET • ALL FUND TYPES AND ACCOUNT GROUPS (Continued)
SEPTEMBER 30, 1994
1
GoverraTNMaf Fund Types
LIA16ITWA, EOLRTY AND OTHER 011.1111 Oenenf owlaf Revenue Debt $*Mea capital Prc)eets
Uabwtin,--
Accounts payable and accrued entaen " $1,601,200 6 4611,706 1 166 1 726,676
Retaimpe pay" 104.504
AcawmAmsd unpaid am* we ad abaeran
(Note 41
Deposits 61026 - `
Payable from resttlotad naafi
Accounts payable and accrued expense ,
Retal nape pay" .
Due to other hinds (Note 11)
Accrued Interest
Ravenw and pemral oblipatlon bonds f
payable, current (Note 4)
Due to other funda Wets 11) 14,067 42,744 464,026
Other liabilities 766 142
Advance (tom E"We -
Defvnedioveruas 67,161 67,741 216,110 7110OC4 E
Laaeee Payable (Note 4 and 61
Oenetaf obligation bonds peysbN (Hots 41 ,
Certificates of obligation (Note 4) -
Rov,mwo bonds payable Owl of bond Me"unt) i
$Nota 4)
Calms Payable (Note 61 -
Not" Payable (Note 41
Landfill closuralpostolosurs costs (Note 121
Total UsIoNdn 11,666,244 t 677,969 1 216,161 / 1,172,262
(Continued)
The accompanying notes to finentdaf statemett'o we an intagrd part of thle stateme,d.
M
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ComprMtwrlw AmM Fb w6/61 t
~.w1W ~ • vein r.wr~:w1Y'1i.:11 ,.',Y`1,`- , _ I ,
• 'I e r
i
CITY OF DENTON, TEXAS
FldooWy Fund Totab
hspdswy Fund Types Typ4f AooouM Groups W o wom l orm
Tnut end Gon«d PoW 04naY Lor# $"Lm"la 30, /ptwnba $0,
kntaodm Irdomsl W-Aos Agwy ~ y Tsnn WON" Is" 1913
1 5,193,413 $2,069,132 12,004,542 1 1 / 13,612,610 9 13,111,761
19,113 123,117 601211
693,117 36,330 2,171,122 3,6011969 3132610"
1,296,604 11301,630 112171070
402,737 1,451 - 413,181 191,030
27,068 2710" 601,412
0,6311 409,616 411,424 3,916,670
111601641 47,927 1,206,679 1,290,100
4,606,243 4,601,243 4,14x,697
36,336 4,601 5,512 631,3" 1,401,643
140 29,126
931,736 971,716 110,000 ~
4",712 363,"7
641,176 126,0" 674,244 121,934
2.161.112 106,272 2316"1333 26,127,87 26,"7,173 #
2,765,307 6,146,643 7,114,150 4,"0,000
64,399,000 64,369.000 ",600,000
1,177,100 1,1771100 174,270
64,603,716 6{,603,716 67,175,002
2,436,417 2,439,417 21172,099
1136,761,367 16,043,07 43,999,234 6 131,723,1167 6114,31'.149 1117,211,336
Caq POwasl q Anw/ 1r1wAW ?4p611
V ~'~l , 1.', d .ftl tiId ~ t i •O!7
•
dh
CITY OF DEMON, TEXAS
COMBINED BALANCE SHUT - ALL FUND TYPES AND ACCOUNT GROUPS (Continued)
SEPTEMBER 30 1994
00vwm+enW Fund To"
LI40LL"U, IOURY AND OTHO WASI ♦ OenwN spoolaf Revenw Debt service Capper ►to)ects
Fund lquhv:
Contributed copAN - (net, whore opp"sNo
of saoumryotvd cl"rooisdon)
0 0 0
0 -
Investmo t in P~W Reed assets (Note 31 _
Ro W ned earNnOe .
Reserved for bad rebrwnom INote 41
Reserved for saplyl pro*"
Renrved for Hoot npbownatf -
Reserved for landfill nyror writ
Reeerwd for wonting oopf d
Ross , for omw0onov .
Res ved for water fewer
Rosen Id for wow wells
Aoarved for Wrawruoture M,atNnQ
Unreserved
Fund belanoas • l
Rseorvod for debt aarvies j
• 322,7N I
Reoervedfor onournbraneae 666,lii 61,100
Aseetved lot oepltN profeay 1,777,611
6,!16,430
Unreserved -
Ossl"6d for oubsequsnt
Wan' oepw4tuteo 700,870
UndsNOrraed 4,044,!!6 1,746,411
Toth 1!*tT end gym godly 6,206,107 11401,927 322,763 7,240,001
• Total UmbWtyo, &MW
WIN! Oyror o m" 17."3,441 11.!7/.•1k 0 641,021
42,421,854
f
IMMMOONE~
The occomponNnp notes to finanNN aetanento we on inteOrN pat of this etatomMt. f+
!1
CaftpFyAO W" Aawd ftw t _ d
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CITY OF DENTON, TEXAS
Fiduol" Fmd ToWe
Propowy Fund TVWO T"" ! "AWA 0roum (Morro WAM ow
Tnm ow oonord PAW am" Lary 6ptonbor 30, 6opw"bw 20,
EntorpHoo Vnlor" tgr loo A"My Aooop TWM Uabow" 1664` 1542
1 15,966.644 6 570,604 9 6 6 914,936.449 117,464,229
661{4,962 ",264,542 60,6",342
6,736,7" 9,736,766 61706.646
12,721,396 202,010 12,6Y3,406 14,616,639
5,374,044 6,374,044 4,"6,122
364.076 364,076 264,079
2.000.000 21000.ooo 2,000,000
6,000,000 6.000,000 61000,000
260,000 290,000 100.000
45.000 45,000 0
760.000 750,000
72.353,926 11771,116 74,126,106 01,615.026
312,703 312.644
1.6461604 664.234
5,611.426 110"1116
7001676 626."6
4,626,622 11,214,717 10,263,117
122,176,774 719161074 4,626,622 14.254,541 246,464,621 126,509,40
•
6260,936,141 113,602,011 96,615,06 154.294,90 631.723.667 1430.766.675 6416,720,624
ram
J
.7.
C.611pf~161~Y6 AfMMI~ 6YMneM1 Ay6t -
•
CITY OF DENTON, TEXAS
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES •
ALL GOVERNMENTAL FUND TYPES AND EXPENDABLE TRUST FUND
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1894
Gwwrewnol Fund Types
Oorlorol Sp4dtf Rwwwo DOM so"t" c"AW Pr*m
Toroo 417,S06,i3{ 1 14,002,574 {
Uoawoo wd ponrya 411,663 .
FtwlA s few 777,026 ,
F61oo and forfol m 1,166,427 .
Fw for owvlow 1,02117" 663,007
bm rwwwo 410,364 13,436 4.137 706,000
moreooerrow1W 466.601 1444,214 921.23#1
C. fl'W
61got6onoaw 603,217 3",.'74 156.000 80,240
Tod nov r 21,626,2" 2266.433 4,612.204 1666,6"
[%P6NOFIIME6~
cwwd -
I
Owwol Owamrtl 10,272."4 1,427.1160
Pabtfe oofoh 11171312" 134.332 ,
Pubis work 41107.610 16,711 ,
Pr rbo and rowoatlan 21104,667 "1,012
`of" ou0w 420,"1 124,202 6.646,310
DOM WAN
f
Pinabaf rotlr~ 3067,66{ ?
Irma" N Anal 1 06+ 1, 7{4, 720
TOW Etp4,0 ro,u 26,"0,1" 2,1",747 4,012,261 016"1110
EXCESS OF REVENUE{ OVER IUNOM EXNWD(TUREO 01063,6261 63."1 1611 11,060,1041
OTHER F114ANCMp 00VfIC" fypil
Praoaoda of fanrtwm debt 3,036,470
• P 0 - to ,.h.Aiiry bard Now" porn
Opwid" bwwfwo)n 9,166,072 1".021
Oporwtn6 bwrfwo low (117,0211 116110001 101000)
Taw oabar Fbrxoby 4ww fuw) $1037,211 113,1701 3.032.470 I
EXCESS OF REVENUES AND OTHER SOURCES C
OVER IUNOEM EAPENDRURE3 AND OTHER USES 973,323 60.607 161) 12.010,2041
0 FUND BALANCE • Ocla►ar 1 5,231.474 11121,020 322,044 5,207,2116 • •
FUND 6ALA" • 0"Oea a 2A f / lOf,tq. I,f,401,127 1 itl,7w 0 7,241,001
The wo mpwmybp notoo to fiwblol Keallw,tr we aw k4spirof pool of trra ototo,wne.
I
.i.
COMpF6115falWiff AAFWW FbWW4 d Mpp1
•
CrrY Of DENTON, TEXAS
Taub
PAwnwwwhm" 011M
7Nudry fwi T"w Yw 6W4
- I
F~egiM Um 1g4~~ir 30. 104 igtrrbu 30. 1 W3
1 421,7!1.7" 420.832,3"
418,"3 3%.010
777,028 722,"7
111"•427 1,!1!.287
3.871,120 6,2%,6"
311,721 11"7144 11340,751
• 2.00,363 1,021,8"
13,02e 3!1026 21,267
1,073.241 1,238.174
4.022.972 34,110,313 381211,620
17.700.474 10,733,8"
11,117."0 111"718"
4,123,627 4,722,040
• 2.0"11" 21780,1"
3,741.324 3.741,324 3,96.001
• 7,192,483 4,1.7!34
i
1,097,%0 2,6%A"
1.74.720 1,"!.001
2,741,324 ".rif."2 47.1",377
261.64 111.730.6301 17,041.4071
3.031.470 16.007.7"
• tt 2.721,4")
1.303."3 9.304.420
1115'001I 1400.8221 1622.0711
1116, 0011 10,04L541 10.87017%
® 160.47 1707,0"I 3,021.301 • •
4.700,070 ;J,80s,f08 17,"1,607
4~R_ 4!0.808,180 fl0,000,f11!
QOIIIp4'611UDr- A1frd Fb wLr Now
•
tutu
Clrv OF DENTON. TEXAS
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN WND BALANCES • BUDGET AND ACTUAL
GENERAL, SPECIAL REVENUE RECREATION FUND AND DEBT SERVICE FUNDS (BUDGET BASIS)
FOR THE FISCAL. YEAR ENDED SEPTEMBER 30. 1994
General Fund
Variance
FsvorfNe
Budget Actual (Unfavorable)
REVENUES:
Taxes 116,360,929 417,106,836 4 744,908
Ucenass trio permits 322,035 418,883 96,868
Francldse fees 718,302 777,025 68,723
Fines and forfeitures 1,368,708 1,195,427 1183,2811
Fees for services 997,367 1,026,788 28,399
Interest revenue 460,000 410,394 139,8061
Intergovernmental 483,091 489,901 81810
Miscellaneous 432,889 503,217 70,329
Toth Reverww 21,123,321 21,926,256 802,937
EXPENDRURES:
„jrrent -
General Governmem 10,538,094 10,088,667 489,527
Public safety 11,984,049 11,770,178 183,873
Public works 4,407,798 4,097,928 309,872
Perks and recreation 2,485,896 2,400,512 85,484
Capital outlay 529,682 389,899 139,883
Debt service -
Principal retirement
Interest and fiscal charges
Total Ex" dltsu 29,875,499 28,727,090 1,148,419
EXCESS OF REVENUES OVER IUNDERI EXPENDITURES 16,782,1781 (8,600,8221 1,961,366
OTHER FNANCINO SOURCES (USES)
Proceeds of long-term debt
• Payments to refunding bond escrow agent
Opualing transfers In 8,170,072 6,166,072 11610001
Operating transfers lout) 1127,7071 (117,821) %see
Total Other Fkwwft Saweas; (Uaeel 8,042,386 8,037,251 16,114)
EXCESS OF REVENUES AND OTHER SOURCES OVER
• (UNDER) E-4PENDITURES ANU OTHER USES 1709,813) 1,238,429 1,946,242 • -
FUND BALANCE • October 1 3,519,414 4,277,106 757,694
FUND BALANCE • September 30 8 2,609;fJ01 i' 6,513,837, 02."3.926
The accompanying notes to financial tUtements are an integral part of this satement.
.10.
CengrMnneWe Anrwel Fbmxm f Report .
• 0
•
m
CITY OF DENTON, TEXAS
Speoiel Revenue 1leeseetloo Fund Debt Serv" Fund
V&rlsnc4 Ver4wvo
Fevo(ebb Fevorow
Budget Actual unfavorable) Budget Actual lurdev Sbk)
1 1 1 14.662,871 04,662,871 1
500,709 493,456 (7,764)
4,333 4,333
165,000 1651000
600,709 493,456 17,254) 4,962,671 4,812,204 159,333
474,474 440,703 33,771
3,329,363 3,057,568 268,767
1,754,496 11764,719 91744
474,474 440,703 33.77t 8,090,619 4,812,266 279,633
26,235 52,752 29,517 (437,947) pt) 437,990
•
126,0001 126,0001
126,0001 (26,000)
!1 1,236 27,762 15,617 {437,947} (911 437,699 • •
67,891 99,926 41,957 180,344 322,944 192,600
! 61,811 ' 1127,918' ~
I
9
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Cwr~dwrM~ Ammel lived/ 91gMt
_ W
•
,-CITY OF DENTON, TEXAS
COMBINED STATEMENT OF REVENUES, EXPENSES AND CHANOES IN RETAINED EARNINGS
ALL PROPRIETARY FUND TYPES
FOR THE FISCAL YEAR ENDED SEPTEMDER 30, 1994
R t Fund T
EIrm Wba Intwrrl Service
OPERATING REVENUES!
Electric service
170,704,330 1
Water B"Ice 13,106,761
WOBIOwater "rVbe 1,417,019
Chwpee for 260de and arvicu 61760,767 5,082,307
hiscelwneotq
211,172 161 244
Total Operst4p Rwerwoe 61,272,766 6,140,661
OPERATNw °XPPAU:
Pwohaed power 42,316,661
Fuel 7,716,036
Pwolw.,a of water 71,729
Salaries end wepa
10,464,746 712,160
Motor" and supplies 11694,016 3,060,746
Maintenance and repairs 2,113,163 23,194
Depreciation 1,243,336 1,941,400
Caeummoeto"mo con 216,311
MiscoUnows 3,124,127 411,766
Total Opersth Expo raw 76,710.007 6,362,834
Opernip hmmme ILes't 21,476,749 1212,3131
NONOPgt MO 1111VIRA / (EXPONUI:
Interest revenue 3,606,401 211,316
Interest arperwa era final "pse 16166116661 (16111161
Other
{216,646! 117,!12
Told?* R'parw'm Revenltee (Irprwu) 12,076,102} 121,406
Inoomo Ile}en Opareth Tmenehrs 11,400,647 102,0761
OPERATING TRAN6110% IN (OUTh
Operating transfers in 61,966
Operating tnnsfera (out) 17,936,0111 (29,0401
• Total Opwa*q Ttwwfne lout) (7,876,026! 126,016)
Not In- Satan ErVaeryywry Mom 11,626,.22 1111,0241
EXTRAOROM MtY ITEM;
Loa on rafundoV of bonds
Not kwmw t 1,626,022 1111,024!
Add: OeWscletion of Fixed Assets scqu'red with Contributed Capital 1,710,346 290,647
Increase in Reteimd Fund" 13,236,966 • •
179,623
RETAINED EARNINGS • OotA 1 As ratatod (Note 13) 92,171,262 7, t67,647
RETAINED EAA1I*M • Iepto dm 30 11M1>s~i1 260', li,l~7 -
I
.12 . I
CarpnlnmN6 Am" Firm R6per1
•
4m
MAN
CITY OF DENTON, TEXAS
ToloW
(M4ma4ndum OnW)
Yew Ended
64ptumbw 30, 1994 $Wwty 30, 1903
4 70,704,330 054,904,126
13,106, 760 13,095, 020
0,497,019 7,261,664
t 1,733,074 10,470,774
373,110 196,410
104,413,307 06,536,600
42,316,060 41,734,920
7,796,03, 6,904,270
76,729 62,794
11,175,996 11,260,620
+,244,641 4,627,429
2,042,047 3,373,571
0,704,736 9,094,903
266,317 204,329
3,64x,602 3,276,194
03,146,941 00,671.626
21,254,366 14,966,003
4,020,799 4,476,371
{6,669,043) 16,604,1011
106,463) 20,212
11,949,697; 11,909,6101
19,317,600 12,066,646
60,060 69,359
(7,963,0671 _(7,740,017)
17,903,071) ,',601,469;
• 11,414,660 6,254,067
12,772,94/)
11,414,669 - - 2,511,139
2,00,993 2,092,662
13,416,601 4,603,701
O 100,142,600 05,530.100 •
0113,669,400 1400,144001 1
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CITY OF DENTON, TEAS
COMBINED STATEMENT OF CASH FLOWS •
ALL PROPRIETARY FUND TYPES
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1991
I'm"tary Fund Typos
Enterprise Internal service
Cash flows from operatbq aetivw":
Cash rocNvad tram customan 1104,217,337 1 6,661,363
Cash paid to em;I for servked 110,417,040) 1706,469)
Cash pad to supplied (66,436,468) (3,793,287)
Nat Cash pwmw by gaeather 26,194,1W 1,390,609
Cash Vows from nenapMal 6nm6 ro aatlvid":
Operstino transfers out to other fwde 16,060.011) (21,0461
Operating transfers In from other funds 164,910
Contributkrr to Fledt Rephoement Fund 1213,646)
ContrbAions to others 1163,709)
Proaoeds from othw 162,012
Not oeb pravNed by Iwrl tar) no"opid lb.--w6 seWNlee 10,090,3701 121,040)
cash Rowe from oykal and rebrNd fbtansbso ee,A o":
Proceeds redalvod Mom contrW44 eapRa 193,763
PIWOipai Payments on revenue bonds and edre9bsted of obSpatlon (4,144,657) 1697,160
Imarsat and fiscal charged (6,691,790) I193,µ11
Proceeds from hew of rsvenw bonds and con"ketu of obligation 1,060,060 1,236,460
Pfcceods from have of now psyCMe 0,204419
Princpa payments on noted pay" (679,600)
Proceeds from advance from ENotr;c 631,766
Principal payments under capital heda obdpallon 1106,413)
Acquisition and oonstruction of Redd sonata 111,317,121) (1,663,016)
Procedds from ash nl fbred scats 147,011
Proceeds from kw: of reh ndirtq bonds
Payments to refurdkv bold edcrow doom
Net ash IwN far) Ono" and related Rrwnabq eatho 110,226,6671 11,266,1721
Cash lbws hom Invootbw eadvbted:
• Issuance advance to Sanitation
16'61,718)
Proceeds from said and metvhiod of Investment aocuI 36,909,315 2,600,206
Purchase of frwastnant asourlllaa
144,63+11068) 16,692,0761 i
IntwNt received on Inyeatmeme 3,919,454 140,006 4
Net ash Wood ferl Investing sodvltled (4,270,0761 (2,0761593)
® Not tdscrsssel in cash end cash equlvaMnte 16,230,4731 (2,794,603) •
Cash and each equMatema • October 1 12,001,663 3,393,002
Cash and sash wufvehnq • 000 ombsr 30 0 A,7T6,090 0 699.666 I
(Continued)
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CofeprMr WV*AMW FbW ROOM
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CITY OF DENTON, TEXAS
Totals
(MOmonndum Only)
Yew Ended
e4pambor 30, 1094 6pamW 30, 1903
$110,016,600 i 60,416,778
(11,128,498) 111,223,2071
172,220,7461 (62,212.0821
26,731,447 27,160,427
18108810671 (7,740,617)
1",966 61,351
1213,9461 (176,360)
1153,705)
162,012 001256
(61110,710) (7,709,523)
193,763 141,067
14,747,4371 (4,443,060)
1615761831) (61730,191)
2,880,630 7,710,700
8,204,415
(676,5061 (83,720)
631,785
1195,4631 (170,9011
120,060,907) 116,942,7021
147,816 162,303
33,237,662
133,' 37,8621
(19.481,639) 110,369,2191
(631,786)
39,534,611 114,615,422
160,127, 0341 (110,110, 316)
3,088,340 4,468,920
17,166, 8081 8,868,027
• 18,024,9701 6,887,712 •
15,401,616 6,613,003
4 7,370,630 ; 16,401,616
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Comp►dwWv6 AmAW Fin6nd61 ROM l -
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CfTY Of DENTON, TEXAS
COMBINED STATEMENT OF CASH FLOWS •
ALL PROPRIETARY FUND TYPES (Condnved)
FOR THE FISCAL YEAR ENOED SEPTEMBER 30, 1994
Entemrlea Internal Service
Reconallletim of Proprfetery Fund Opera*g Income to Net Cash
Provided by fused for) Opereft AcdvWee
Operating Irwoms (loss) / 21,478,749 ! 1212,3831
Adjustments.
Deprsolatlon expense 8,243,338 1,541,400
ClosurarPostclosurs expense 288,319
Decrease l1neraa) in receivables (1,674,9641 {23,4931
Decrosse lfncraa} in due from other funds 7,819,836 1249,7061
Decrease (Irwressel M kwantorles 47,452 (200,357)
Decrease fincreasel in prepakf Item 10,950
Increase (Decrease) in sccounts payable 12,310,2671 321,210
Increase (Decrease) In lasses payabie
Increase Mecreasel in accumulated unoold
compensated absences 47,706 3,60
Increase (Decrease) In due to other funds (81351,0351 174,294
Total adjustments 31888,090 11578,991
Net cash provided by opwuting aotlvIdes ! 26,384,839 1 1,388,809
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Cm OF DEMON, TEXAS
Totals
IMemorwwum ONy1
Year Ended
Seplember 30, 1994 September 30, 1993
6 21,2!4,308 1 14,986,083
9,794,738 9,084,903
286,319 268,328
(116971447) 1644,9661
7,389,830 (4,374,249)
(162,906) 1107,0001
10,960 110,8261
11,989,0671 3,078,384
61,397 37,661
(8,178,741 ) 4,786,234
6,487,091 12,216,364
26,731,447 1 27,180,427
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WY OF DENTON, TEXAS
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CITY OF DENTON, TEXAS
NOTES TO FINANCIAL STATEMENTS
FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 1994
(1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The City of Denton {'the CItY'I was Incorporated September 28, 1888. The City operates as
a Home Rule City, under a Council-Manager form of government and provides the following services
as authorized by its Charter: public safety (police std fire), public works, parks and recreation,
electric, water and wastewater utilities, sanitation, and general administrative services.
The City Is a municipal corporation governed by an elected mayor and slx•member council.
The City receives funding from state and fedora, government sources, and must comply with the
requirements of these funding source entities. However, the City is riot Included in any other
governmental 'reporting entity,' as defined in pronouncements by the Governmental Aocounfing
Standards Board ('GASB') Statement No. 14, "The Reporting Entity," since Council members are
elected by the public end have decision making authority, the authority to levy taxes, the power to
designate management, the ability to significantly Influence operations, and primary accountability for
fiscal matters.
The accounting policies of the City conform to generally accepted accounting principles as
applicable to governments. The following la a summary of the more significant policies:
A. Fund Accounting
The accounts of the City are maintained on the basis of funds or account groups, each of
which is considered a separate accounting entity. The operations of each fund are summarized by
providing a separate at of self balancing accounts which comprise its assets, liabilities, fund equity,
revenues, expenses and expenditures. The following funds and account groups are used by the City:
Governmental Fund Types
Genera! fund-
The General I Lind is the principal fund of the City. All general tax revenues and other receipts
that are not allocated by law or contractual agreement to soma other fund are accounted for in this
fund. From the fund are paid the general operating costs, the fixed charges and the caphal
improvement costs that are not paid through other funds.
® S,pocb/ R.vonw i.wrdss • •
The Special Revenue Funds are used to account for the proceeds of specific revenue sources
(other than special assessments, expendable trusts, or majorcapital projects) that we legally restricted
to expenditures for specified purposes. These funds Include the grants from the Department of
Housing and Urban Development (Community Development Block Grant) and from the Texas Crim'-
Justice Division, Department of Education, the recreation fund and miscellaneous other rover (
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Notes, City of Denton (Continued)
September 30, 1994
Debt Serv/ce FundL
The Debt Service Fund accounts for the payment of principal and Interest on general long-term
liabilities, paid primarily by taxes levied by the City, and for the payment of principal and interest on III
capital leases In the governmental fund types.
Capital ftjocts Fiords-
The Capital Projects Funds account for the acquisition of capital facilities being financed from
bond proceeds, contributed capital, or transfers from other funds, other than those recorded In the
Enterprise Fttnds, the Internal Service Funds and the Trust Funds.
Proprietary Fund Types
EnMrpti» Frords-
The Enterprise Funds are used to account for operations that are financed and operated In a
manner similar to private business enterprises where the Intent of the governing body is that the costs
(expenses, Including depreciation) of providing goods or services to the general pubbe on a continuing
basis be financed or recovered primarily through user charges. These funds include the Electric, Water
and Wastewater Utility Systems (Utility System) and the Sanitation operations.
Informal Sarvtce FNWS-
The Internal Service Funds account for the financing of materials and services provided by one
department of the City to other departments of the City on a cost-reimbursement basis. Those funds
include the Working Capital Fund (vehicle malnienance, warehouse and machine shop) and the Motor
Pool operation.
Fiduciary Fund Types
Trust and Agency Finds- fff
Trust and Agency Funds are used to account for assets held by the City in a trustee capacity
or as an agent for Individuals, private organizations, other governments, and/or other funds. These
include Expendable Trust Fund (Employee Insurance) and Agency Funds. The Expendable Trust Fund f
is accounted for in essentially the same manner as Governmental Fund Types. Agency Funds are
custodial In nature (assets equal liabilities) and do not involve measurement of results of operations.
Genstar Fixed Assets Acmird Grow
The General Fixed Assets Account Group represents a summary of the fixed assets of the City,
other than assets of the Proprietary Funds. Capital outlays In funds other than Proprietary Fund Type
are recorded as expenditures of those funds at the tune of purchase and subsequently recorded for j
® control purposes in the General Fixed Assets Account Group. • • j
General Long-Term Lie WtIes Acaaunt Group
The General Long-Term Liabilities Account Group represents a summary of the long-term
liabilities of the City paid principally by taxes levied by the City. This account group does not Include
long-term debt accounted for In the Proprietary Fund Types.
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Notes, City of Denton (Continued)
September 30, 1994
B. Buts of Accounting
7ft acavd b s!s••The Proprietary Fund Types are accounted for on a flow of economic
resources measurement focus. Accordingly, the accrual basis, whereby revenues and expenses are
Identified In the accounting period in which they are earned and Incurred and net income is
determined, is utilized for these funds.
Moddiad aca e/ besb••The Governmental Fund Types and Expandable Trust Fund are
accounted for on a flow of financial resources measurement focus. Accordingly, the modified accrual
basis is used for these funds and the Agency Funds, Modifications In the accrual basis for these funds
include the following:
1 Revenues are recognized when they become both measurabaa and &"liable for use during the
year. Those revenues treated as being susceptible to accrual include taxes, Interest and
intergovernmental revenues. Property tax revenue Is recognized independently of receivables
in the fiscal year for which taxes have Aw levied, provided they become evailabla, Available
means then due, or past due and receivable during the current period, collowed within the
current period or expected to be collected soon enough thereafter to be used to pay Ilabilitles
of the current period. Such time thereafter should not exceed 60 days. Revenue sources
Irom licenses, fines and forfeltures, service charges and other miscellaneous revenues are
recognized as the cash Is received,
2. Expenditures are recognized when the relawd fund liability is Incurred, except for Interest and
principal on general long-term debt, which are recorded when due, and vacation and sick
leave, which are recordeP when payable from current available resources.
3. Encumbrance accounting, under which purchase orders, contracts, and otter commltmants
for the expenditure of monies are recorded In order to reserve that portion of the applicable
appropriation, is employed as an extension of foetal budgetary Irntegretion. Encumbrances
outstanding at year-end are reported as reservations of fund balances since they do not
constitute expenditures or liabilities.
C. Budgets and Budgetary Accounting
Thi. „ity moil follows these procedures as prescribed by City Charter, In establishing the
~g budgets reflected In the financial statements:
1. At least sixty days prior to the beginning of each fiscal year, the City Manager submits to the
City Council a proposed budget for the fiscal year beginning on the following October 1. The
operating budget includes proposed expenditures and the magna of financing them.
2. Public hearings are conducted prior to the adoption of the budget in order to obtain taxpayer
comments.
• 3. The annual budget adopted by the City Council covers the General Fund, the Special Revenue ' • •
Fund (R6arest)on Fund only), the Debt Service Fund, the Enterprise Funds, and the Internal
Service Funds. The budget Is legally eructed by the City Council through passage of an
ordinance prior to the beginning of the fiscal year. The general purpose financial statements
reflect appropriation control by function activity within an Individual fund as awoved by City
Council.
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Notes, City of Denton (Continued)
September 30, 1994
4. The City Charter provides that the City Manager has the authority to transfer any
unencumbered appropriation balances from one expenditure account to another within a single
office, department or agency. The Charter also provides that within the last three months of
the year the City Manager must request the City Council to approve any transfer of
unencumbered appropriation balances or portions thereof from one function to another as well
as any increases In fund appropriations. Individual amendments were not materfal In relation
to tho origlnal appropriations which were amended.
All budgets are adopted on a basis consistent with generally accepted accounting principles
e.ceept that for the Governmental Fund Types, Proprietary Fund Types, and the Species Revenue
Recreatlon funds encumbrances are treated as budgeted expenditures in the year of commitment to 4
purchase and for the Proprietary Fund Types depreciation expense is not budgeted. All unexpended
appropriations at fiscal year end lop" to the appropriate fund balance except for those of the
multi-year grants and/or prolscts.
A reconciliation of revenues and expenditures on the budgetary basis to revenues and
expenditures on the modified accrual basis for Govemmental Fund Types is as follows,
General Spoclsl Revenue
Fund Funds
Revenues and Other 8ourcee:
Budgetary basis $30,081,330 1 493,486
Special Revenue Funds Unbudgeted: {
Community Development Block Grant 888,431
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Recreation 64,786
Crlrninal Justce 127,691
Emily Fowler Library 67,700
Other 988,292
Revenue and other sources on modified accrual basis 30,081,330 2,408,264
Exnendturse Pnd Other thee:
Budgetary basis 28,844,901 4$6,703
• Encumbrances (not) 263,106
Special Revenue Funds Unbudgeted:
Community Davelopmant Block Grant 889,097
Recreation 38,263
Criminal Justice 127,691
Emily Fowler 81,044
Other 946,089 • •
Expenditures and other uses on modified accrual basis 29,108,007 2,327,747
Revenues and other swmaa over expandturw and other uaae
on modified am at bash 1TS,S23 4 90,1107
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Notes, City of Denton (Continued)
September 30, 1994
D. Cash rind Investments
For the purposes of the 'Statement of Cash Flow,' the City considers Investments with
maturities of under 90 days at acquisition to be cash and cash equivalents.
Investments are carried at cost which approxknates market value except for Investments in
/ the deferred compensation plan which are carried at market value, Interest earned on investments
is recorded in the funds In which the Investments an recorded.
E. Unbgled Receivables
I The City accrues amounts for utility services provided In September, but not hiked at
September 30, 1994.
F. Inventories
Inventories are valued at the lower of cost or market, Cost Is determkted using a moving
average method. No inventories exist In the governmental fund types.
G. FI>,,.1 Aesete
Fompris and brtwnW Senile Piarsds-
Fixed assets are recorded at cost, Including net Interest during the construction period.
Contributed property is recorded at fair market value at the date of contribution. Depreciation is
recorded on each class of depwiable property utilizing the straight•Ilns method over the estimated
usefulkves of the assets
Estimated useful lives are as follows;
Useful LIM
Fixed Asset (Years!
ENTENYM fUNDS-
General assets Structures 60
Equipment 8 20
Distribution assets Structural 60
Equipment 20 33
Transmission assets • Equipment 20 33
Internal combustion assets . Structures 60
• • Equipment 13 20 • •
Steam power slants • Structures 60
• Eq+riprnutt 20 36
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Notes, City of Denton (Continued)
September 30, 1994
Flxrd Asset Useful Ufa
;yeah)
Wirer and Waanwarer $y~
Structwes so
Water and wastewater mains 20 33
Equipment 10 20
Furniture and fixtures 10
Water Storage Rights 40 100
SarMraabn
Vehicles and equipment 10
LandNi 8
WTENML SfRVIla FtMS-
Vehiclcs and equipment 1 to
Renewals and betterments of property and equipment are capitalized, whereas normal repairs
and malnienarce are charged to expense as Incurred.
OwrmsW Akod Assab•
General fixed assets are recorded as expenditures In the General, Special Revenue or Capital
Projects Funds when acquired. Such assets are capitalized at cost in the General Fixed Assets
Account Group. Significant g!fts or contributions of assets are recorded in the General Fixed Assets
Account Group it the fair market value at the date of acquisition. Public domain (infrastructure)
general fixed assets consisting of streets, curbs, sidewalks, gutters and drainage systems, are
capitalized along with other general fixed assets. No deweciation is provided an general fixed assets.
H. Property Tax Revenue
\ Property taxes attach as an enforceable lien on pruperty as of January 1. Tax.,s are levied on
ql October 1 and are due and payable at that time. All unpaid taxes levied October 1 become delinquent
February 1 of the following year.
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The City records revenue from current property taxes in the year in which bills are measurable
ind available, An allowance is provided for delinquent taxes not expected to be collected in the
future.
At September 30, 1994, the City he(, n tax margin of $1.75 per $100 valuation based upon
a maximum ad valorem tax of 02.50 per 1100 valuation Imposed by Texas Consthutional law.
• Additional revenues up to 032,542,935 could be raised per year based on the current Vast's assessed • •
value of 0 LU9,596,289 before the limit la reached,
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Notes, City of Denton (Continued)
September 30, 1994
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1. Compensated Absences
The City allows employees to accumulate unused vacation up to forty days. Upon termination,
any accumulated vacation time will be paid to the employees. Generally, sick leave is not paid upon
termination except for r'remen and policemen. Firemen and policemen accumulate unused sick leave
up to a maximum of 90 days. All other employees are paid only upon Illness whilr in the employ of
the City.
As of September 30, 1994, the liabinty for accrued vacation leave and accrued sick leave Is
approximately 13,508,989. The amounts applicable to the Enterprise Funds (0593,817) and Internal
Service Funds (436,330) have been recorded In those funds, and the amount applicable to other funds
(02,878,822) has been recorded In the C4neral Long-Term Liabilities Account Group. The amount
expected to be paid from cuTent available financial resources Is not significant.
.r. Comparative casts
Comparative totals for the prior year have teen presented In the accompanying general
purpose financial statements In order to provide an understanding of changes in the City's financial
position and operations. However, comparative data (presentation of prior-year amounts by fund type)
In each of the statements have not been included, since their inclusion would male the combined
statements unduly complex and difficuk to read.
In certain cases, the amounts previously reported In 1993 have been reclassified In order to
conform to the 1894 presentation.
K. 'Memorandum GMy' Total Columns
Total column; o.t the combined statements are captioned as 'meniorandum only' to Indicate
that they are presente.f only to facilitate analysis. Data 'n these columns do not present financial
position, results of f,perat(ons or cash flows in conformity with generally accepted accounting
principles. This presentation does not represent a consolidation. Interfund eliminations have not been
made in the aggregr•1:n of this data.
(2) CASH AND INVESTMENTS
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In order to facAlnte effective cash management practices, the operating cash and artlflcates
of deposits of all funds, except for the deferred compensation fund are pooled into common accounts
• for the purpose of Increasing Income through combined investment activities. year end, the
carrying amount of the City's deposits (cash and certificates of deposit) was 08,21P4,733, and the
bank balance was 0493,818. Federal depository Insurance or the falr value of collateral held by the
City's agent in the City's name exceed In total the City's bank deposits (cash and certifl,:ates of
deposit) at year-end.
® The investments of the deferred compensation fund are held separately from those of other • •
City funds by an outside trustee appoln:ed by the City.
Statutes authorize the City to invest In obligations of the U-3. Treasury, U.S. agencies,
repurchase agreements, municipal pools, and certificates of deposit, lha Investments reported at
September 30, 1994 are similar to those hold during the fiscal yew.
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Notes, City of Denton (Continued)
September 30, 1994
At September 30, 1994, the City's investments (U.S. Treasury and Agency Securities and
Municipal Securities) are Insured or registered or the securities are hold by the City or Its cgent in the
City's name. As of September 30, 1994, the City's investments are as follows:
"ategon, I Far Cult Market Value
U.S. Treasury Securities $38,983,013 136,435,000 130,983,013 136,419,591
U,S. Agency Securities 47,870,631 46,360,000 47,670,83t 48,483,705 I
Municipal Secuftos 6,489,645 815001000 9,489,645 6,193,990
Total Securities 491,143,489 $89,285,000 491,143,489 188,077,224
T,xaa Treasury Texpooi 81878,000 818791000 6,878,0(Yi
Deferred Compensation
Investments 1,843,637 1,843,037
Total '96,163,000$99,886,128 496,7981881
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(3) FIXED ASSETS
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Con" Abred A"ela• ~
General fixed assets balances and transactions for the year ended September 30, 494, are
summarized below,
Balance Balance
October 1, Transfers! September 30,
1993 Addltlons Mduedons 1994
Land a 4,728,786 4 648,903 4 4 5,275,689
Buildings 13,633,010 3,351,628 18,984,536
Streets 64,368,759 1,917,878 66,278,635
Machinery and equipment and
other improvements 8,448,848 1,352,634 91801,380
Construction in progress 8,831,942 4,173,938 ;8,089,867) 7,916,323
Total 490,999,343 411,344,7" 416,088,867) 488,284,883 '
Investment In General
Fi: ad Assets • i
Fr, Ti bond Issues 488,072,218 110,2113,498 416,089,5671 470,2-'9,167
• From current rovenue 9,218,192r 340,128 9,668,320 _ I r
75,290,408 10,803,828 1d,089,557) 79,804,477
From contributions 15,708,938 741,151 10,450,080
Total ~l0,99l,349 ;11,344,777 {(6
;088,867) {!8,25{,683 -
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Notes, "ity of Denton (Continued)
September 30, 1994
General Fixed Assets by function and act" as of September 30, 1994 are summarized as
fol(ows:
Maohd w*. and
Other
Total Land BuYdlttga Btr"" kgrowntama
I OTAL P HOII TO OCTOe611 1. 10" 142,241,604 14,614,462 48.390.132 134,702.214 /5,6R4.636
00V INAL OOb39q mwir.
Parke 3,716.171 6176,677 2.313,662 $96,810
Puke aPent $1,611 42,026 19,463
L"W 119,364 t l6aes
Murtldpal Court 21,647 - 21,647
Hwnut Aoom ro" 22,460 22,4$0
CMO"EO 32,176 32,171
F*Aty hN weenrterrt 1,221 1,221
Bung Meinterance 4,602,311 33,036 4.344.298 208.0111
uWary "$,111 2,610 892.460
L.brwy Grant $1,640 11.640
Ronimotco 1001207 73,201 2.034 114,042
Operations AtWyale _ 4,624 4,024
ToW Ouwal O wnw/ 1.731,$20 613.140 6,662,613 2,416,097
PVKX M10Idta;
Truffc Enorouing 41,466 41,4"
Emergency Mw*gww d 16,790 16,706
EnoneeAng 40,31$ 40,311
Code Enfotoonwnt 0,101 6,101
Public Wonke Adml ietwdon 20,733 - 20,733
Str6ste 1811311736 4,336 11,660 14,641,660 74,260
Street 8woeOnglDrainwgo 2,737,161 2,706,631 30.621
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Airport Bond 3,796 31706
Airport 67.029 36,611 20,213 4.170
°mdroi - ntal Hedth $wAae 3,112 2,113
Awnel Control 200,403 266.802 3,601
Fluoridation Grant 31611 3.611 •
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MoueehoW Used Og Grant 0,323 6,323
Cabw TV 4,110 4,160 :j
Tutal►d6aworks 422,149,104 4 4,336 1 313,910 621,674,381 0 267,130 i
a~
Notes, City of Denton (Continued)
September 30, 1994
Moeh.f[QUip, oW
OtMr
Total Lind Su6dinpe Strew knprover"Ru
(oontbwed)
FAVANCE
flrunee AdmlNottodon 1 42,776 1 42,774
Customer Serviee 701662 - 70, "1
Pulelualn6 6,201 - 5,243
Internal Audit 9,809 M llof
CnNoring 12,664 13,664
Aeoeuntinq 21,331 22,334
Coon Clerlu 26,645 26,666
Tex 2,510 2,910
AdrriiNeVetive 9ervleee 194,632 1,112 151,410
Inlomtwor swvw" 396,490 21903 363,957
Dolemlw DoArog _ 1.053 11053
TeW F►trw 746,321 4,025 741,267 O
puss C AMITY:
Rre AdrdNeVOtlen 15,05! 19,064
FireOpeto9ers 1,4!3,413 21,009 1,279,610 194,816
rite Pnveneon 20,072 11093 16,015
Emerpenoy Medieel 35,069 36,061
Fn 1225. 261, 263) 11,309 19,301 f
PokeeAdrdeleVv"n 24,139 24,139
Crkdml lrw etv"on WIWI WIWI
P0440 Opwordom 991,096 137,219 $43,577
POkoe Support Opetetlono 99,067 99,967
` Police Oteme 11,414 29,474
Total Ptr►6eat" 2,470,090 23,062 11613,80! 933,120
Comwooon 4" per 71911,2' v
TOTAL S#6,264,008,27%,409 614.14114,506 1111,271,931 ` t8.10f,i10
owed!
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Motes, City of Denton (Continued) F
September 30, 1994
Changes In general fixed assets by funotfon and activity for the fiscal year ended
September 30, 1994 are summarized as follows:
Owrr 0an.ad
Fixed AwNa Tronstonl Fixed A -
10/1101 Audona Dodtwdoru 9130M4
TOTAL pR1011 TO OCTOW 1, 11.36 163,241,504 6 1 163,241,504
06111,4E 40Y601M59YYT:
per" 2,60,161 1,133,010 3,716,171
Parke OroM 61,11 6116111
L40O1 100,477 14,aft 115.346
0&nloipr Court 7,367 22,110 26,547
Hum" 111wuro" 14,754 7,736 22,410
CMOIMSW 2;+,366 1,110 32,171
Face," Mxnopornont 1,221 1,221
subdlne Mrmonrwo 2.006,214 2,674,133 4,S42.351
Library 71312" 101,sos $91.11$
LWary 0rwd 611640 61,140
Mwift6C 147,640 21,347 16$,247
Opw"ono ArWyok 4,024 4,624
TOW Ewer Oewnamtl 6,147,447 311641013 6,73,,520
JPUKX Wow:
Trof50 ErtltnoOrim 41,447 41,461
ImwbOroy MOnem+Ont 1517" 15,761
Enphtowtnp 34,617 11751 40,315
Cods Enforaw"Orit 6,101 6,101
Wbk Works A"rievedon 20,70 20,733
strOOto 16,006,111 $46,111 111,01,736
SOW bwoopl MainapO 1,611,645 1,040,464 2,737,166
r •
Airport Bond 3,71$ 3,716
Airport 4,170 61,966 471021
InWonmontal HOrth $*Mae@ 2,112 21112
AnhrW Con" 20,403 21$,403
® Auorwitlt,OPont $,111 31611 ' • •
Hou"twid UoOd ON Grow 6.223 6.32s
C" TV 4,110 4,150
TOW ►tbO works 120,109.672 11,00.331 1 122,140.04
• V A . i Yhi1 , A %".4 ~ .5.
•
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Notes, Clty of Denton (Continued)
September 30, 1994
General Genwel
Fixed Allow Tramfersf Pined Anon
10lSM7 Addwono Deductions M M4
Icontinusdl
MVANCEr
Rnuwo Admlr9etution / $0,462 4 3,324 4 6 42,770 j
Customer 6aMoe 63,146 6,730 701562
Purch"rig 5,253 5,263
Internal Audit 1,0~! 01600
CMNednp 13,614 13,614
Accounting 10,330 2,000 - 21,336
Court Clerks 201561 26,650
Tar 1,110 2,010
AdmlNstrstive 6eMon 164,532 104,632
Informetlon 6eM4a 330,070 27,112 360,100 1
Defensive OAAfq 1,013 11013
Tout POW" 606,642 40,0/0 746,322
PLOW SAFETY:
Firs Admldaretlon 11,054 10,054
An Operstlons 043,704 6,111,709 1,413,413
Fin Prevention 17,303 2,760 20,072
Emerosncy Medical 34,621 530 35,050
Fire 1226, 251, 2691 16,300 10,300
Police Adrnlnistr3tion 14,131 24,130
criminal lnvestigetlon 42,671 7,430 60,500
Police Operedoru 01.003 012,013 111,006
Police Support Opeutions 04,021 4,044 01,11167
Police Orsnts 20,474 10,474
Tout PA" Nhty 1,101,115 1,277,075 2,470,010
Conetruation in Proomse 0,631,642 4,173,136 16,08916671 7,116,323 C
TOTAL $10,115,341 011,344,M 016,010,457{ I", Ms"
f
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Notes, City of Denton Xontlnued)
September 30, 1994
Construction in prcgrm Is oompoood of the Wowing:
Nim Expended to
ApProprfotlao 6oPtornbor30, 1#04 Cawnlttod
Airport knprownwo 1 2,084,1111 11,660,0" 0 304,683
DMC Perking 10,000 61836 1,102
018 Oompntw tyotom 1,20318" 1,181,033 1121030
AthioMc ReWo $Wwe 764,844 101,662
Ubrory 1,008,541 788,700 20817#1
NorthoootKo"rootonComor 1,300,000 748,2841 6101741
Koetroom Portidons 14,066 7,033 7,033
Con"" 6t"Ons to OM 410,/#/ 29,200 34,"8
Ubrory Byotom 480,000 36,544 411,414
6oundproo8ng 6,000 420 SAW
0"" oM 8rb►o
Ekn 314,814 80,743 263,773
Loewt I,t18Ais 673,632 11181,481'
Toooloy Pro*to 863,530 861,#" 301880
wghwoy3001014NorthPmoots 20,164 27,446 1,08
Coflinolft. Worth Dr. 808. 42,117 18,03 12,684
Troffia 8yotortV$quoa 474,000 $11,373 82,417
Wet Porkwoy 417,342 313,738 82,407
4Wowolko 18413►7 177,223 8,174
C ,Ae Center Poking Lot llonowgon 106,6" #6,154 9,"7
MoyfiBlCopiew Crook Droinogo 83,396 $0,466 13,128
Longhto6y Droinogo 600,000 7,413 491,507
Jrr4o1CMwm Droim" 160,000 120,/11 20,481
PubAVOrkf L&W 781121 6,070 72,161
South"* 70,000 31000 $7,000
• Boll AwnuolPoNng 66,000 48,002 1411008
IHekoty Cr. 110,000 117,806 12,196
9"040 811'oo 97,00 411,044 8,4"
MoWnw Rood 21,100 111219 71101
8ng ►troot 461700 1111040 30,710
• Poytw Drive 303,000 11,716 294,248 ' •
TeW 111.6330b 17,gloit9 Iii11,7N
.3t.
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Notes, City of Denton IContlnuedl
September 30, 1994
Fntarpdse and Intamd Swvko Funds
Fixed assets of these funds are as follows:
September 30
1994 1993
Utility System
Land and land rights i 1,848,562 1 2,361,085
Water storage rights 67,295,7e2 59,091,343
Electric plant and equipment 91,520,1478 87,829,579
Water plant and equipment 44,870,076 42,283,006
Wastewater plant and equipment 52,418,745 40,045,658
257,952,123 231,610,889
Less • Allowance for depreciation (94,371 186,482,605)
163,576,467 145,128,064
Construction In progress 2,882,901 12,472,708
Total fixed atom • UtOty System 410e,459,3ii 0157,000,772
Sanitation-
Land and land rights / 4,106,924 1 2,017,210
Vehicles and equipment 859,136 561,778
Les3 • Allowance for depreciation (2,037,041) (1,771,086)
Total flied assets • Swikatlim 1 2,729,019 $ 807,902
Intemal Service- f
Land and land rights 1 183,800 1 183,806
Vehicles and other assets 16,298,949 15,022,065
Less - Allowance for depreciation (12,154,124) 111,211,732)
h
Total fixed assists • Internal Servla 1 4,329,831 1 3,994,139
i
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It
110
Notes, City of Denton (Continued)
September 30, 1994
(4) LONG-TERM LIABILITIES
Long-term liabilities transactions for the year ended Seplember V, 1994, are summarized as
follows:
Idelonce at Manes It
October 1, Septernbor 30,
1993 Issued Retired 1994
General LonyTarrn Ltaa/tlw
General Obligation bonds $ 20,173,198 $ $2,803,863 123,589,333
Corti icatcs of Obligation 2,554,875 3,038,470 453,702 5,149,643
Obligations under capkei Nessa 188,296 80,227 126,089
Accumulated unpaid compensated
absoneso 2,747,314 131,508 2,878,822
Total yeMralbnkfarmisblaYs 31,071,081 3,109,978 3,117,792 31,721,807
Propv*twy Food Typo
Utility System revenue bonds 62,705,000 4,015,000 11818901000
General Obligation:
General Obligation Bonds 107,852 1,580 106,272
General Obligation Bonds:
(Pledged by sankabon
revenues) 850,682 134,557 718,125
Certificates ofObtigatim 2,125,125 2,886,630 596,298 4,415,357
Obligations under capital Ness 743,836 195,483 549,175
Accumulated unpaid compensated
absences 578,750 51,397 830,147
Note pal' aN _ 57,175,802 8,204,419 5781506 64,803,715
To td propnlnwy fw►d typa 124,286,849 11,142,348 5,519,404 128,909,791
Total long-term asbeklea $165,958,830 014,312,324 ie,637,198 1161,633,658
.33•
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Notes, City of Denton (Continued)
September 30, 1994
Genera/ !wader/ Debt-
General bonded debt at September 30, 1994, Is comprised of the following;
Amount
Outstanding at
interest Rate Final Original Amount September 30,
Bonded Debt 1%I Issue Date Maturity of Issue 1994
General Obligation Refunding 7.70 to 8.00 1985 2004 16,171,730 13,361,730
General Obligation 8.40 to 9.40 1987 2007 1,225,000 875,000
General Obligation 8.50 to 9.50 1988 1998 1,075,000 725,000
General Obligation 9.00109.50 1989 1999 1,286,000 916,000
General Obligation 6.55108.50 1992 2012 2,830,000 2,555,000
General Obligation 4.85 to 7.80 1983 2013 2,976,000 2,850,000
General Obligation Refunding 3.00 to 6.40 1993 2009 13,316,000 13,120,000
Total General Obligation Bonds 27,050,730 24,391,730
Certificates of Obligation 8.00 to 9.00 1987 2007 160,000 100,000
Certificates of Obligation 8.00 to 9.00 1967 1997 1,100,000 376,000
Certificates of Obligation 8.80 to 9.60 lose 1999 1,165,000 260,000 I
Certificates of Obligation 8.00 to 9.00 1989 1999 1,550,000 875,000
Certificates of Obligation 6.40 to 8.20 1991 1998 310,000 20,000
Certificates of Obllgrtlon 4,40 to 7.40 1992 2007 1,325,000 850,000
Certificates of Obligation 4.20 to 5.30 1993 20)3 1,450,000 1,170,000
Certificates of Obligation 4.40 to 7.40 1994 2014 2,705,000 2,705,000
Certificates of Obligation 4.30 to 7.30 1994 2006 3,220,000 3,220,000
Total Other General Bonded Debt 12,965,000 91586,000
Total General Bonded Debt $40,621,730 $33,968,730
Proceeds of general bonded debt are restrfated to the uses for which they were approved in
the bond elections. The City Charter expressly prohibits the use of bond proceeds to fund operating
expenses. The general obligations are colluterahzed by the full faith and credit of the City and,
primarily, payable from property taxes.
In prior years, the City defeased general obligation bonds by placing the proceeds of now
bonds In an irrevocable trust to provide for all future debt service payments on the old bonds.
Accordingly, the trust account assets and iiabllhies for the defeased bonds are not included in the
City's financial statements. On September 30, 1994, $20,4:.0,000 of bonds considered defoased
are still outstonding.
.34.
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Notes. City of Denton (Continued)
September 30, 1994
Revanw Bonds-
Revenue bond debt at September 30, 1994, is comprised of the following issues:
Amount
Outstanding at
interest Rota Firm Original Amount Sapternber 30.
Revenue Bonds l%I Issue Date MattxitY of Issue 1994
utility System 9.00 to 12.00 1984 1994 / 20,00^,000 $ 9001000
utility system 8.00 to f 1.00 1984 1994 1,000,000 50,000
utlwty System Refunding 5.00 to 7.00 1987 1998 17,486,000 2,770,000
Utility System 8.75 to 9.75 1988 200$ 319001000 875,000
utility System 8.00 to 9.00 1989 2009 20,000,000 10,400,000
Utll" System 5,80 to 8.75 1992 2014 4,600,000 4,500,000
Utility System 5.00 to 7.60 1993 2013 $,675,000 6,575,000
Utility System Refunding 2.50 to 5.40 1993 2009 27,085,000 20,735,000
Utility System RafwMing 3.55 to 0.76 1993 2007 01045,000 5,885,000 O
1106,190,000 1 88,690,000
The Chy has the option to mire at per M or a portion of the bonds, except for the Utility
System Revenue Bonds Issued October 25, 1984, prior to matur$iy on or after December 1, 1993.
The bonds Issued October 25, 1984, give the City the eame option on or after December 1, 1994.
The revenue bonds are coWsraked by the rwarim of the Utility $vs»m and the various
special funds established by the bond ordYlancs. The ordinance provides that the revenue of the
System Is to be used first to pay operating and maintenance expenses of the System and wand to
establish and maintain the revenue bond funds, Any remaining revenues may then be used for any
lawful purpose. The ordinance also contains provisions which, among other hems, restrict the
Issuance of additional revenue bonds unless the speolal funds noted above contain the required
amounts and certain financial ration are met. The City is in compliance with all significant
requirements. Below in a summary of the various restricted asset accounts required by the bond
f ordinance as of September 30, 1994:
Interest and Sinking Fund $ 7,646,000
Reserve Fund 4,029,140
Emergency Fund 250,000
Extension and Improvement Fund 3.341.981
91618 01_
J
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Notes, City of Denton (Continued)
September 30, 1994
Assets in these accounts consists of cash and U.S. government securities. Related liabilities
and retained earnings are as follows:
Payable from restricted assets.
Accrued interest $ 1,135,333
Revenue bonds payable, current 4,295,000
Retained earnings reserved for bond retirement 9.738.788 )
i16.1~101
In addition, the City has established a reserve fundto pay for Generat Obligation bonds pledged
by Sanitation revenues of $354,075.
In prior years, the City defessed revenue bonds by placing the proceeds of new bonds In an
irrevocable trust to provide for all future debt service payments on the old bonds. Accordingly, the
trust account assets and liabilities for the defeased bonds are not Included in the City's financial
statements. On September 30, 1994, $50,325,000 of bonds considered defeased are still
outstanding.
Note PeyoW
a
In 1980 the City and the City of Dallas contracted with the Corp of Engineers for the
construction and development of Ray Roberts Reservoir In Denton County. In contracts with the Corp
of Engineers, the City will pay for twenty-six (28%) per cent of the estimated water storage rights
of the reservoir. Water obtained from the Reservoir will be pro rata on the basis of each city's
proportional share of total construction cost. The closing of the dam was completed In 1987 with
water being available from the Rsservoh In 1989. The City's estimated total cost of water storage
rights.at September 30, 1994, was $67,046,698. Of this amount the City's estimated cost for
present demand is $31,137,443. The amount allocated to the storage for present demand shalt be
paid In fifty (50) consecutive ann!ral installments, the first of which was due and payable within thirty
(30) days after the City was notified by the contracting offlcw that the project was completed and
operational for water supply purposes. Annual installments are due and payable In October,
The project investment tort allocated for the storage space provided In Ray Roberts Reservoir
for future use is currently estimated at $28,742,265 nn the basis of coat presented, and the basis of
cost at September 30, 1994. No principal or interest payment with respect to this storage for future
water supply is required to be made during the first ten (10) years following the date the project Is
!
operational for water supply purposes unless all or a portion of such storage is used for purposes of
• withdrawal of water from or transfer of water Into Ray Roberts Reservoir during this period, When
any portion of the storage for future water supply Is used, the amount of ill is project investment coat
allocated thereto, plus interest applicable to wuch portion ea provided, will be due and payable on the t
date of the first use of such portion. The said amount due shall be paid within the life of the project
and not to exceed fifty 150) consecutive annual payments.
The project Investment cost allocated for the recreation facility Is currently estimated at
$7,188,000 on the ussis of cost presented and the basis of cost at September 30, 1994. The • •
amount allocated to the recreation facl)fty shall be paid In fifty (50) consecutive annual installments,
the first of which was due and payable within thirty (30) days after the City was notified by the
contrwing oHlcer that the project was completed. Annual Installments are due and payable In June.
The City is also responsible for twenty-six (28%) per cent of the cost of any major capital
replacement facilities required. The City will also be required to pay the government twenty-six (26%) I j
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Notes, City of Denton (Continued)
September 30, 1994 i
i.
percent of the annual experienced operation and maintenance cotta for specMic water supply fsciihies
at the Reservoir,
Aggregate maturities of the long-term debt (prlnclpal and Interest) for the years subsequent
1o September 30, 1994, are as follows;
Bonds
General
Fiscal Year Obligations Revenue Notes Paysbis Capital Leaps Total
1946 4 6,801,837 8 7,644,141 12,734,868 320,713 1 16,201,369
1996 5,738,917 7,337,911 2,714,148 294,968 18,090,931
1997 6,210,860 6,939,270 2,719,146 104,978 14,974,041
1998 4,626,903 6,468,770 2,719,14° 16,?119 13,817,167
1999 4,019,695 6,159,456 4,857,268 15,339 16,060,867
2000.2004 16,684,830 24,832,388 24,28a,340 84,803,328
2005-2009 6,853,076 19,097,808 24,286,340 49,237,224
2010.2014 2,068,438 6,836,382 24,288,340 32,191,160
2016.2019 407,837 24,288,340 24,694,177
2020.2047 116,166,452 116,166,452
Totes principal 48,801,846 64,811,932 229,050,383 761,325 383,216,488
and interest
Lest spplleable
Interest (t4,845,110) (25,821,9321 1164,248,606) (77,081) (206,090,797)
Tat,)i principal 8 33,950,730 / 68,680,000 1'r 64,803,718 8074,244 i 166,124,689
Bonds Authorized avid tlhl*awd
General obligations bonds authorized but unissued u of September 30, 1994, amounted to
95,257,000• When issued, the proceeds will be allocated to the applicable Caphal Projects Funds.
(5) LEASES
Leases payable represent the remaining principal amounts payable under lease purchase
agreements for the acquisition of vehicles. copier equipment computer hardware and other
equipment. These losses are recorded as capital leases. The vehicles, coper equipment and the
! landfill vehicles are recorded in the Proprletary xund Types, and the computer hardware and other
equipment are recorded in the General Fixed Asseis and Gorleral Long-Tam Lbbilhies Account Groups.
Remalning requirements, Including Interest, under these leases are as follows,
,a7.
•
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Notos, City of Denton (Continued)
September 30, 1994
Genera)
uprietary Long-Term
Year Fund Types Llsbllitles
1996 F 246,796 t 73,917
1996 240,058 54,900
1997 98,227 8,749
1998 15,339
1999 15,339 f
613.769 137,588
Less - Applicable Interest 165,584) (11,497) ,
Net Present Value i 648,176 0128,089 I`I
I~
(6) PENSION PLANS
Texas Munk" Rebre nwit p%n:
Pb" offc*oon-
The city provides pension benefits for all of its full-time employees (except firefighters) through
a nontraditional, joint contributory, defined contribution plan In the state-wide Texas Municipal
Retirement System (TMRS), one of over 1336 administered by TMRS, an agent muklple-employer public
employee retirement system. It Is the opinion of the TMRS management that the plans In TMRS are
substantially defined contribution plans, but they have elected to provide additional voluntary
disclosure to help foster a better understanding of some of the nontraditional characteristics of the
plan,
i
Benefits depend upon the sum of the employee's contributions to the plan, with Interest, and f
the city-financed monetary credits, with Intereat. At the date the plan began, the city granted
monetary credits for service rendered before the plan began of a theoretical amount equal to two
times what would have been contributed by the employee, with Interest, prior to establishment of the
plan. Monetary credits for service since the plan began are a percent (200%) of the employee's
accumulated contributions. In addhlon, the city can grant as often as annually another type of
monetary credit referred to as an updated service credit which is a theoretical amount which, when I
adc d to the employee's accumuln•ad contributions and the monetary credits for service since the plan
began, Nouid be the total monetary credits and employee contributions accumulated with Interest H
• the current employee contribution rate and city matching percent had always been in existence and
If the employee's Salary had always been the average of his salary In the last three years that are one
year before the effective date. At retirement, the benefit Is calou!sted as If the sum of the employee's
accumulated contributions whh Interest and the employer-financed monetary credits with Interest
were used to purchase on annuity.
® Members can retire at ages 60 and above with ten or more years of service or with 25 years , tit r
of service regardless of age. The plan also provides death and disability benefits. A member IS vested
after ten years, but he must leave his accumulated contributions In the plan, If a member withdraws
his own money, he la not entitled to the employer-financod monetary credits, even if he was vested.
The plan provisions are adopted by the governing body of the city, within the options available in the
state statutes governing TMRS and within the actuarial constraints also In the statutes.
i
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Notes, City of Denton (Continued)
September 30. 1994
Conidbutlons-
The contribution rate for the employees is 6%, and the city matching percent is currently
200%, both as adopted by the governing body of the city. Under the state law goveming TMRS, the
city contribution rate Is annually determined by the actuary. This rate consists of the normal coat
contribution rate and the prior service contribution rate, both of which are calculated to be a level
percent of payroll from year to year. The normal cost contribution rate finances the currently accruing
monetary credits due to the city matching percent, which are the obligation of the city as of on
employee's retirement date, not at the time the employee's contributions are made, The normal cost
contribution rate Is the sctuarialty determined percent of payroll necessary to satisfy the obligation of
the city to each employee at the time his retirement becomes effective. The prior service contribution
rate amortizes the unfunded actuarial liability over the remainder of the plan's 25-year amortization
period. When the city periodically adopts updated service credits and increases in annuities in effect,
the Increased unfunded actuarial liability Is to be amortized over a new 25-year period. Currently, the
unfunded actuarial liability Is being amortized over the 25-year period which began January, 1994.
The unit credit actuarial cost method fa used for determining the city contribution rate. Contributions
are made monthly by both the employees and the city. Since the city needs to know Its contribution
rate in advance to budget for It, there is a one-year tag between the actuarial valuation that is the
basis for the rate and the calendar year when the rate goes Into effect.
The city's total payroll in fiscal year 1994 was 428,165,1189 and the city's contributions were
based on a payroll of 023,501,218. Both the city and the covered employees made the required
contributions, amounting to 01,811,837 (5,12% of covered payroll for the months In calendar year
1993, 4,38 % normal cost plus 0.74% to amortize the unfunded actuarial liability, and 7,01 % for the
months In calendar year 1994, 6.79% normal cost plus 1.22% to amortize the unfunded actuarial
liability) for the city and $1,348,841 (6%) for the employees. The city adopted changos In the plan
since the previous actuarial valuation, which had the effect of Increasing the city's contribution rate
for 1994 by 1.41 % of payroll. There were no related-party transactions,
Fundang Stapp and Programs-
Even though the substance of the city's plan is not to provide a defined benefit in some form,
some additional voluntary disclosure is appropriate due to the nontraditional nature of the defined
contribution plan which had an Initial unfunded pension benefit obligation due to the monetary credits
granted by the city for services re, jered before the plan began and which can have additions to the
unfunded p tnslon tenefh obligation through the periodic adoption of Increases in benefit credits and
benefits. Statement No. 5 of the Governmental Accounting Standards Board (GASB 5) defines
pension benefit obligation as a standardized disclosure measure of the actuarial present value of
pension benefits, adjusted for the effects of projected salary Increases, estimated to be payable in the l
future as a result of empicyes service to date. The measure is intended to help users assess the
funding status of public employee pension plans, assess progress made In accumulating sufficient
assets to pay benefits when due, and male comparisons among public employee pension plans.
Tire pension benefit oblijlatlon shown below 13 similar in nature to the standardized disclosure
measure required by GASB 5 for defined benefit plans except that there Is no need to project ssluy
O increases since the benefit credits earned for service to date are not dependent upon future salaries, o •
The calculations were made as part of the annual actuarial valuation as of December 31, 1993,
I Because of the money-purchase nature of the plan, the interest rate assumption, currently 8.5% per
/ year, does not have as much impstrt on the results as It does for a defined benefit plan. Market value
of assets Is not determined for each city's plan, but the market value of swats for TMRS
was 118.0% of book value as of December 31, 1993. as a whale
s
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Notes, City of Denton (Continued)
September 30, 1994
Is oo aan** n,Beetbe
Annufiant" c"Ontfy feceNing berwths t 2,614,431
Terminated ernployses 1, 767, 2 f 3
Current employs"
Accumulated employs oontributions
Including Uloc"ted Invested esrnknps 11,977,699
Emploriw-flranoed vested 18,906,"21
EmploYN•firsnesd MOOV4011e41 4,633,360
Total 37,296,424
Net Asom Avaatbie for bjnNb, et book V" 29,669,460
lkture/"d raerekrt beeettt oba nd= 6 4,440,674
The book value of assets is amortised coat for bonds and original cost for short-term securities
and stocks. The actuarial assumptions used to compute the actuarially determined city contribution
rate ore the same "those used to compute the pension benefit obligation. The numbers above reffeot
the adoption of changes In the plan since the previous actuarial valuation, which had the effect of
Increasing the pension benefit obligation by $1,511,155.
Trend WO OW
louse Vw tannleel Tnrrd Menem""
yw D"wrAw 21, 0eownber 31, DeearrAw 21, Deoamber 61, Deoordw 61, C mills 31, December 21,
Ended 1667 Isle 1096 1"90 lest 1962 1992
Not Assets
Ava"s
for
Benefits 611,643,661 114,141,090 111,432,114 619,240,611 121,"61,626 $19.071,409 129,8",4so
Panels"
Benefit
obllg"On 113,466,302 016,029,047 $10,310,318 122,621,040 124,046,432 124,111,461 $37,219,424 f
Permit"
Funded 86,2% 66.0% 84.1% 85.6% 18,1% 19.7% 77.4%
Unfunded
Pension
Benefit
obligation 1 2,021,613 1 2,412,907 1 2,186,204 0 3,181,320 12,676,790 1 3,840,072 18,440,974
Annul
Covered
Payroll $14,535,031 119,148,919 $14,947,816 621,120,1" t21,443,067 121,196,750 123,601,211 k
Unfunded
Benefit
Benefit
Obligation
• se a
' Pnsentape
at Covered
Payne 12.21A 13,711 14.211 10,11A 134% 17,0% 35.1%
City
Conuibudon
to TMRS 1 425,876 1 1",006 1 1,020,272 1 1,07E,430 111,1%.035 1 1,141,207 11.611,637
Average
City Rate 5.0% 6.3% 5.4% 9.1% 0.4% 6.2% 6.9% • •
Trend Information poor to 1987 Is not avsWA. Ten year bVid Information will not be shown
separately until three years of additional data have been accumulated.
.40-
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Notes, City of Denton (Continued)
September 30, 1994
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Fireman's RoW and Redrernorrt Plan;
The City provides pension benefits for all Civil Service employees of the Fire Department
through a defined contribution plan, The Board of Trustees of the Denton Fireman's Relief and
Retirement Fund Is the administrator for the pension plan. The Pension plan is not considered a part
of the City of Denton entity. In a defined contribution plan, benefits depend solely on amounts
contributed to the plan plus Investment earnings, Fire employees are required to become • member
as a condition of employment. An employee becomes fully vested after 20 years of credited service,
City contributions for, and Interest forfeited by, employees who leave employment before vesting are
redistributed to plan participants.
The City's total Fire Department portiun of payroll in fiscal volt 1994 was $3,738,205. Both
the City and the covered employees made the required contribution 19.0% for 1993 and 1994),
amounting to $332,985 from each source or $885,970 in total.
(7) DEFERRED COMPENSATION PLAN
r
The City offers its employees a deferred compensation plan created In accordance with Internal
Revenue Code Section 457. The plan, eveilebie to all permanent City employees, permits them to
defer, until future years, up to 25% of annual gross earnings not to exceed $7,500. The deferred
compensation is not available to employees until termination, retirement, death, or unforeseeable
emergency.
All amounts of compensation deferred under the plan, all property and rights purchased with
those amounts, and sit Income attributable to those amounts, property, or rights we luntit paid or
made available to the employee or other beneficiary) sole)y the property and rights of the City (whhout
being restricted to the provisions of benefits under the plan), subject only to the claims of the City's
general creditors, Participants' rights under the plan are equal to those of general creditors of the City
in an amount equal to the fair market value of the deferred account for each partleipant. Investments
(primarily cash and cash equivalents) in the deferred compensation plan are recorded at market value.
It is the opinion of the City's legal counsel that the City has no liability for losses under the
plan but does have the duty of due care that would be required of an ordinary prudent Investor, The
management of the City believes that it is unlikely that it will use the assets to satisfy the claims of
general creditors at this time,
(8) SELF-INSURANCE PLAN
The Clty has established a seff•Insurance plan for workers' compensation benefits and general
liability. Accrued claims payable include provisions for claims reported and claims Incurred but not
reported, The provisions for reported claims Is determined by estimating the amount which will
ultimately be paid each claimant, The provision for claims Incurred but not yet reported Is estimated
6 based on the City's experience, •
The costs assoclated with the "If-insurance plan are reported as Interfund tranesaloms,
Accordingly, they era treated as operating revenues of the Expendable Trust Fund and operating
expenditures (expenses) of the other funds.
•41
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Notes, City of Denton (Continued)
September 30, 1994
(9) COMMITMENTS AND CONTINGENCIES
Aywwmvrt with TlNPW
In 1y78, the City, along with the cW" of Bryan, Greenville and Garland, Texas (the 'Chies')
entered into a Power Sales Contract with the Texas Municipal Power Agency (TMPA), TMPA was
created through concurrent ordinances of the Cities cad Is governed by a Board of Directors consisting
of eight members, two appointed by the governing body of each city. Under the terms of the
agreement, TMPA agreed to construct or acquire electric 9w wating plants to supply energy and
power to the Cities for a p"d of not less than 35 years. The Cities in turn agreed to purchase all
future power and energy requirements In excess of tits amounts generated by their systems from
TMPA at prices Intended to cover operating costs snd retkemeni of debt. In the event that revenues
are insufficient to cover all (:oats and reds the outstanding debt, each of the Cities has guaranteed
a portion of the unpaid debt based, generally, upon Its pro rate share of the energy delivered to
consumers in the prior operating yew.
As of September 30, 1994, total TMPA debt outstanding was approximstety Ill,? 70,000,000,
and the City's guaranteed percentage is approxknately 22%. In the opinion of management, the
possibility of a material payment under this guarantee is remote in that TMPA Is generating operating
profits and assets exceed ilabilkiss,
TMPA operates • 390 megawatt "@-fueled generating plant, Should TMPA be dissolved,
each City would be entitled to an undivided Interest in the property.
Selected financial statement Information of TMPA is as follows;
September 3
(Unaudited)
1994 1993
(000's) (000's) }
Operating Revenues t 176,019 4 173,709 F
Operating Expenses 100,266 107,527
Operating Income 75,754 88,182
Other Nonoperating Sources (Uses) 78,003 81,739 `
• Current Assets 70,885 60,501
Total Assets 1,438,860 1,411,088 j
Long-Term Debt 1,342,212 1,321,722
Total Liabilities 1,401,933 1,378,167
Total Equity 38,927 32,921
Apvwtrant with City of Daft.
During 1985, the City entered into an agreement with the City of Dallas which provides for
the purchase of a minimum of 500,000 gaaonslday of untrastad water from the City of Dallis from
Lake Lewisville, This contract wIM be effective for 30 yeah,
.42.
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Notes, City of Denton (Continued)
September 30, 1994
LkfpatYon-
Various cWma and lawsuits are pending agar at the City, In the opinion of City management
and legal counsel, the potential losses, after Insurance covsrage, on aN claims will not have a material
effect on the City's financial position ea of September 30, 1994.
(10) SEGMENT INFORMATION FOR ENF PRISE FUNDS
Segment Information for the year ended September 30, 1994, was as follows;
Utility System Sanitation Fund Total
Operating Revenues 1 92,835,414 1 5,437,342 1 98,272,768
Depreciation 7,977,380 285,955 8,243,335
Operating Income 20,199,288 1,543,780 21,743,088
Operating Transfers Out 7,428,155 6081858 7,935,011
Net Income before Extraordinary
Item 10,761,103 774,519 11,525,622
Current Capital ContAbudonsr
In aid of construction 818,977 818,977
AccarPts Receivable;
Accounts recelvable, gross 12,782,304 12,782,304
Allowance for uncotlactibles 8,043,090 8,043,090
Accounts recelvable, net 5,719,214 - 6,719,214
Property, Plant and Equipment
Additions 16,751,547 2,187,072 18,938,719
Total Assets 255,169,546 4,788,595 260,938,141
Net Working Capital 41,421,971 1,073,537 42,498,508
Bonds Payable 58,890,000 2,386,175 61,066,175
Notes Payable 64,803,715 - 64,803,715
Total Equity (Deficit) 123,415,718
11,238,9441 122,176,774
The 16,500,000 advance from the Electric Systam to the Wastewater System is ellminated
in the combined Utilfty System financial statements
.43.
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Notes, City of Denton (Continued)
September 30, 1994
01) INDIVIDUAL FUND DISCLOSURES
individual fund disclosures as of and for the year endtatf September 30, 1994, are as follows:
Inlerfund RkelvebW arfd Payabies:
Deflate Fund
Wftrfund 1101Fund dvaW« Warfund PsWs
sys EMO~~~md
Osrwal Fund 'sa4 n,7s Of any)
!peels" Ravwws Fund., i 91,067 1 .
Carmwrdty Oswlapwam Moak Orwn 7,098
flser4ad" 6,274
Crb9rw JUSON 2 e
otf,w 30,114 12490 13,942)
004
16,140
oWt Soda. 20'
COOW Pro»ot Funds:
Airport WWON nsrM
' 11,70/1
Osnsrsi Projsats 6,478
Coremotien Mopats '
Other CSOW Pro)" 464,027 ,
Enterprlss Funds 146,1 f ! 1 i
Ubuty 9ystsm 6,425
fsAtstlon 79,f17 ,
1,494 610N 11,278,9441
IRIOMW Sudos Furds:
workinf CWW 429,272
Motor Pool 410,826
2,129 Trwt wd AeMOy 7,Nf ,
cards:
Espord" Trust 71729
Aflsnoy PsyroB 9,920 71
5,571
ToW 11,067,762 1200671792 f
r1; ~
112) CONTRIBUTED CAPITAL
During fiscal year 1993.1994, contributed capitol changed by the following amounts:
Ent
• erprbs Funds Irnwrrl 8ervbs Funds (1)
Utllhy 3/stem Total 'Motor Pool Total
Beginning balance • October 1 $18,968,913
Contributions from federal/state $ 807,322 $807,322
6,542
Contributions from customers 193,041 254,229
Contributions from developers 819,394 54,229 '
• Depreciation • O
11,710,3481 (290,847) (290,8471
~ 15,9881644 $570,904 16704004
(1) The Working Caplul Fund had no
September 30, 1994. aowh1' in contributed tsphal for th•, year frxled
44
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•
Notes, City of Denton IContinued)
September 30, 1994
(13) CLOSURE AND POSTCLOSURE CARE COST
Effective for the flscai year, ended September 30, 1994, the City Inpiemerited Statement of
Governmental Accounting Standards No. 18, "Accounting for Municipal Sand Were IJndfiB CIO"
and Postclosure *,we Coats* which estabbhod the requirements for the accounting reeognitlon of the
landfill closure and postclosure taro costs expected to be paid at or near the date of tandflk closure.
The City resisted the beginnbig retained owninge for the fiscal year ended September 30, 1993 to
reflect the cumulative effect of the implementation of Statement No. 1 S. The cumulative net effect
as of October 1, 1992 was to reduce retalced eamkmgs rid Increase the landfill closure/postdosum
costs lisbillty by $1,903,770.
State and federal Iowa and regulations require the City to pWoa a fkW cover on he MayhlA
(toad landfill she when it stops accepting waste and to perform certain malntenance and monltorlmg
functions at the she fcr thirty years after dosure. Although closure and ponclostrre oar costs will
be paid only near or after the dote that the Wx" tops sccWkV waste, the City reports a portion
of these closure rid postelosure taro costs as an epwattng expense in each period based on W em
capacity used as of each balance sheet date. The $2,438,417 reported as Iandfill ciosun and
postclosure can llabNhy at September 30, 1994, represents the cumulative amount Irmetrred to date
based on the use of 70% of the eetkrtated capacity of tho ion t. The City wil recognl:e the
remaining estimated coat of closure and poettdows pare of $699,413 as the rwnM*mg estimated
capacity is filled. These anwuriu are based on what It wound cost to patfam ail closure and
postcloswe care in 1994. The City expecu to don the IandfM in the year 1997, Actual cost may
be Nghr due to Inflation, changes In techrioica, or dtanpq In npuladona.
r
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.46.
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•
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APPENDIX
F70RK1 OP BOND COUNSEL'S OPINION
•
{
• ~ A;^` i 'i t?fif ~ 3 ~.:~E ra~' i h~~119 '42ar44'~~~1}{~F>~1'~iR~+ c ~~~F,tt.
•
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1AW Ort1CLS
WCALL, PARKHURST & HORTON L.L.G.
JioC r;NE AMERICP.N CENTER 717 NORTH HARWOOD 1225 ONE RIVERWALK PLACE
AUS7 IN, TEXAS 78701 3 24 6 NINTH FLOOR SAN ANTONIO. TEXAS 78205-3503
+L, Onorvl s: 4)n.~onn DALLAS, TEXAS 75201$507 to m.oH[ zro 2E°7POO
f gfi'u,t Sit G)t9Pli IL\.[aMp4[ 2..270.2600 fg4NnC 21022}2BP4
f1CS1uiLL 2147149260
CITY OF DENTON
GENERAL OBLIGATION BOND, SERIES 1995,
DATED FEBRUARY 15, 1995,
IN THE PRINCIPAL. AMOUNT OF $1,610,000
AS BOND COUNSEL for the City of Denton, in Denton County, Texas (the 'Issuer"), we
have examined into the legality and validity of the bond issue initially evidenced by the bond described
above (the "Initial Bond"), which Initial Bond originally has been issued and delivered as a single fully
registered bond, without interest coupons, th the principal amount thereof payable in installments
due on FEBRUARY 15 in each of the years 1997 through 2015, and with the unpaid balance of each
installment of principal, respectively, bearing interest from the date of the Initial Bond to the
scheduled due date ("maturity"), or to the date of prepayment or redemption, of each installment of
principal, at the following rates per annum for each maturity, respectively;
maturity 1997, maturity 2007,
maturity 1998, maturity 2008, IN,
maturity 1999, maturity 2009, - 0/0
maturity 2000, % maturity 2010,
maturity 2001, maturity 2011,
maturity 2002, maturity 2012, -0/0
maturity 2003, maturity 2013,
maturity 2004, % maturity 2014,
maturity 2005, maturity 2015,
malurily 2006,
with interest, calculated on the basis of a 360-day year composed of twelve 30-day months, payable
on FEBRUARY 15, 1996, and semiannually on each AUGUST 15 and FEBRUARY 15 thereafter,
and with the then outstanding principal of the Initial Bond being subject to prepayment or redemption,
® as a whole, or in part, prior to scheduled maturity, at the option of the Issuer, on February 15, 2005, ! r
or on any date whatsoever thereafter, in accordance with the terms and conditions stated on the face
J of the Initial Bond. The Initial Bond may, at the request of the registered owner, be transferred and
converted into, and/or exchanged for, fully registered bonds, without interest coupons, in the
•
0
denomination of $5,000 or any integral multiple of $5,000, and such bonds again may be transferred
and/or exchanged, all subject to the conditions stated and in the manner provided in the Ordinance
authorizing the issuance of the Initial Bond (the "Bond Ordinance"), with any such bonds which are
registered, authenticated, and delivered in accordance with the Bond Ordinance being hereinafter
called "Definitive Bonds".
WE HAVE EXAMINED the applicable and pertinent provisions of the Constitution and laws
of the State of Texas, and have examined and relied upon a transcript of certified proceedings of the
Issuer and other pertinent instruments furnished by the Issuer relating to the authorization of the
Initial Bond and Definitive Bonds and the, issuance and delivery of the Initial Bond, including the
executed Initial Bond and a printed specimen of the farm for Definitive Bonds initially made available
by the Issuer for completion and exchange for the Initial Bond; and we have examined and relied
upon the Issuer's No-Arbitrage Certificate, of even date herewith.
BASED ON SAID EXAMINATION, IT IS OUR OPINION that the Initial Bond and
Definitive Bonds hx a been duly authorized, and the Initial Bond has been duly issued and delivered,
all in accordance with law, and that, except as may he limited by laws applicable to the Issuer relating
to bankruptcy, reorganization, and other similar matters affecting creditors' rights, the Initial Bond
constitutes and the Definitive Bonds will constitute valid and legally binding obligations of the Issuer; t
and that ad valorem takes sufficient to provide for the payment of the interest on and principal of the
Initial Bond and Definitive Bonds have been levied and pledged for such purpose, within the limit
prescri6A by law.
IN OUR OPINION, except as discussed below, the interest on the Initial Bond and the
Definitive Bonds (collectively, the "Bonds") is excludable from the gross income of the owners for
federal income tax purposes under the statutes, regulations, published rulings, and court decisions
existing on the dale of this opinion. We are further of the opinion that the Bonds are not "private
activity bonds" and that, accordingly, interest on the Bonds will not be included as an individual or
corporate alternative minimum tax preference item under section 57(a)(5) of the Internal Revenue
Code of 1986 (;he "Code"), In expressing the aforementioned opinions, we have relied on, and
assume compliance by the Issuer with, certain representations and covenants regarding the use and I
investment of the proceeds of the Initial Bond, lire call your attention to the fact that failure by the
Issuer to comply with such representations and covenants may cause the interest on the Bonds to
become includable in gross income retroactively to the date of issuance of the Bonds.
WE CALL YOUR ATTENTION TO THE FACT that the interest on tax-exempt obligations,
• such as the Initial Bond and the Definitive Bonds, is (a) included in a corporation's alternative
minimum taxable income for purposes of determining the alternative minimum tax and the environ-
mental tax imposed on corporations by sections 55 and 59A of the Code, (b) subject to the branch I
profits tax imposed on foreign corporations by section 884 of the Code, and (c) included in the
passive investment income ofa Sub-chapter S corporation and subject to the tax imposed by section
1375 of the Code.
to • fa
EXCEPT AS STATED ABOVE, we express no opinion as to any federal, state, or local tax
consequences of acquiring, carrying, owning, or disposing of the Initial Bond and the Definitive
Bonds.
2
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WE HAVE ACTED AS BOND COUNSEL for the Issuer for the sole purpose of rendering
an opinion with respect to the legality and validity of the bonds described above under the Constitu-
tion and laws of the State of Texas, and with respect to the exemption of the interest on such bonds
from federal income taxes, and for no other reason or purpose. We have not been requested to
investigate or verify, and have not investigated or verified, any records, data, or other =led&]
relating to the financial condition or capabilities of the Issuer, and have not assumed any responsibility
with respect thereto. We have relied solely on certificates executed by officials of the Issuer as to the
current outstanding indebtedness and assessed valuation of taxable property of said Issuer.
Respectfully,
•
3
' ~ ~}~`S~ iii .~6~~~~"~Y/J,~i x`~T~3~"(l~(~W~~yi~~~~j~j7
tib
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LAW OF FICrS
MGCALL, PARKHURST & HORTON L.L.P.
liC. C; ONE AMERICAN CEN7EP 717 NORTH HARWOOD 1225 ONE RIVERWA,L.K PLACE
AUSTIN, TEXAS 78701 324 8 NINTH FLOOR SAN ANTONIO. 'r£XAS 78209 3503
+ta~mwt sir nra Ines DALLAS, TEXAS 7520b8987 nttwwowt Z10 nrszaoo
!~cF w.+t 5•]n]IOai TL\tew°NL tin 020eSDO +Kbiwgt 210 TT5299•
IACUwn[ 1.14 ia49650
CITY OF DENTON, TEXAS
CERTIFICATE OF OBLIGATION,
SERIES 1995, DATED FEBRUARY 15, 1995, IN THE
PRINCIPAL AMOUNT OF $2,000,000
AS BOND COUNSEL for the City of Denton, in Denton County, Texas (the "Issuer"), we have
examined into the legality and validity of the issue of Certificates of Obligation initially evidenced by the
certificate described above (the "Initial Certificate"), which Initial Certificate originally has been issued and
delivered as a single fully registered certificate, without interest coupons, with the principal amount thereof
payable in installments due on FEBRUARY 15 in each of the years 1997 through 2015, and with the unpaid
balance of each installment of principal, respectively, hearing interest, calculated on the basis of a 360-day year
composed of twelve 30-clay months, from the date of the Initial Certificate to the scheduled due date ("maturity")
of each installment of principal, at the following rate per annum for each maturity, respectively: C
maturity 1997, maturity 2007,
maturity 1998, % maturity 2003,
maturity 1999, ---0/1 maturity 2009,
maturity 2000, % maturity 2010,
malurity 2001, maturity 2011,
maturity 2002, maturity 2012,
maturity 2003, maturity 2013, _ %
maturity 2004, _ % maturity 2014,
maturity 2005, maturity 2015,
maturity 2006,
with interest payable on FEBRUARY I5, 1996, and scmiatrtnuallyon each AUGUST 15 AND FEBRUARY 15
thereafter. The Initial Certificate may, at the request of the registered owner, be transferred and converted into,
andi'or exchanged for, fully registered certificalcs, without interest coupons, in the denomination of $5,000 or any
imcgri,l multiple of $5,000, and such certificates again may be transferred and/or exchaitgod, all subject to the
condiijons; stated and in the manner provided in the Ordinance authoneing the issuance of the Initial Certificate
(the "Certificate Ordinance"), with any such certificates which are registered, authenticated, and delivered in
accordance with the Certificate Ordinance being hereinafter called "Definitive Certificates".
WE HAVE EXAMINED the applicable mid pertinent provisions of the Constitution and laws of the State
of Texas, and have exmnine d and relied upon a transcript of certiliod proceedings of the Issuer and other pertinent
0 instruments furnished by the Issuer relating to the authorization of the Initial Certificate and Definitive O r
Certificates and the issuance and delivery of the Initial Certificate, including the executed Initial Certificate and
a printed specimen of the foini for Definitive Certificates initially made available by the Issuer forcoinpleuon
and exchange for the Initial Ccrtificatc; and Ive have examined and relied upon the issuer's No-Arbitrage
Ccrtificatc, ol'cien dale herewith.
1 0
•
BASED ON SAID EXAMINATION, IT IS OUR OPINION that the initial Certificate and Definitive
Certificates have boon duly authorized and the Initial Certificate has been duly issued and delivered, all in
accordance with law, and that, except as may he limited by laws relating to bankruptcy, reorganization, and other
similar matters affecting creditors' rights, the covenants and agreements in the Certificate Ordinance constitute
valid and binding obligations of the Issuer, and the Initial Certificate constitutes and Definitive Certificates
(collectively, the "Certificates") will constitute valid and legally binding obligations of the Issuer, which, together
with the interest thereon, and together with other parity obligations of the Issuer, arc payable from and secured
by (r) annual ad valorem tares,,Aithtn the Imut prescribed by law, levied on all taxab'e property within the issuer,
and (it) certain surplus revenues (not to exceed 510,000 in aggregate amount) derived by the issuer from the
ownership and operation of the City's Utility System (consisting of the City's combined waterworks system,
sanitary sewer system, and electric light and power .system), all as provided in the Certificate Ordinance.
THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the
Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes l
arid/or revenues of the City%s Utility System, on a parity with, or with respect to said revenues, superior in lien
to, this Certificate
IN OUR OPINION, except as discussed below, the interest on the, Certificates is excludable from the
gross income of the miners for federal income lax purposes under the statutes, regulations, published rulings,
and court decisions existing on the date of this opinion We are further of the opinion that the Certificates arc
no "private activity bonds" and that accordingly, interest on the Certificales will not be ;acluded as an individual
or corporate alternative minimum tax preference item under section 57(x)(5) of the Internal Revenue Code of
1986 (the "Code") . In expressing the aforementioned opinions, we have relied on, and assume compliance by
the Issuer with, certain representations and covenants regarding the use and investment of the proceeds of the
Certificates, Weal your attention to the fact that failure by the Issuer to comply with such representations and
covenenl n may cause the int mat on the Certificates to become includable in gross income retroactively to the date
of issuance of the Certificates.
WE CALL YOUR ATTENTION TO THE FACT that the interest on tax-exempt obligations, such as
I
the Certificates is (a) included in a corporation's alternative minimum taxable income for purposes of determining
the ahernadve minimum tax and the environmental tax imposed on corporations by sections 55 and 39A of the I
Code, (b) subject to the branch profits lax imposed on foreign corporations by section 884 of the Code, and (c)
included in the passive investment income of an S corporation and subject to the tax imposed by section 1375
of the Code.
EXCEPT AS STATED ABOVE, we express no opinion as to any other lax consequences of acquiring,
carrying, owning, or disposing of the Certificates.
• WE HAVE ACTED AS BOND COUNSEL for the Issuer for the sole purpose of rendering an opinion
with respect to the legality and validity of the Certificates described above under the Constitution and lases of the
State of Texas, and with respect to the exemption of the interest on such Certificates from federal income taxes,
and for no other reason or purpose. We have not been requested to investigate or verify, and have not
investigated or verified, any records, data, or other material relating to the financial condition or capabilities of
the Issuer, or the adequacy of tax rolls, tax collections, or Utility System revenues of the Issuer, and have not
O assumed any responsibilitywith respect. therdo. We have relied solely on certi rice lei furnished by the Issuer with • •
respect to the current outstanding indebtedness of, and assessed valuation of taxable property within, the Issuer,
Respectfully,
2
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